Acceptance of Grant of Easement for Intersection Improvements at Loras/Grandview/University_Jester Copyright 2014
City of Dubuque Consent Items # 11.
ITEM TITLE: Acceptance of Grant of Easement for Intersection Improvements at Loras
Blvd, Grandview Ave. and University Ave.
SUMMARY: City Manager recommending acceptance of a Grant of Easement for
underground electric, fiber optic cable, traffic signals & other
Appurtenances and sidewalk across part of Tschirgi and Schwind's
Subdivision owned by William and Kathleen Jester.
RESOLUTION Accepting a Grant of Easement for Underground Electric,
fiber optic cable, traffic signals & other appurtenances and sidewalk
through, over and across part of Lot 61 , and Lot 1 of the East Y2 of Lot 59,
in Tschirgi and Schwind's Subdivision, City of Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ Acceptance of Grant of Easement for Utilities-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Resolution Resolutions
❑ Grant of Easement Supporting Documentation
❑ Location Map Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of Grant of Easement for Underground Electric, Fiber Optic
Cable, Traffic Signals & Other Appurtenances and Sidewalk from William
and Kathleen Jester Over Property at 1610 Loras Boulevard in Dubuque-
Grandview at Loras and Grandview at University Intersection
DATE: August 31, 2015
City Engineer Gus Psihoyos recommends City Council acceptance of a Grant of
Easement for Underground Electric, Fiber Optic Cable, Traffic Signals & Other
Appurtenances and Sidewalk across Part of Lot 61, and Lot 1 of the East Y of Lot 59, in
Tschirgi and Schwind's Subdivision, owned by William and Kathleen Jester.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
I'I-iE CDubuque
DUUBE �.1r
Masterpiece on theMississippi 2007.2012.2013
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Acceptance of Grant of Easement for Underground Electric, Fiber Optic
Cable, Traffic Signals & Other Appurtenances and Sidewalk from William
and Kathleen Jester over property at 1610 Loras Blvd. in Dubuque -
Grandview at Loras and Grandview at University Intersection
Improvements
DATE: August 25, 2015
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a Grant of Easement for
Underground Electric, Fiber Optic Cable, Traffic Signals & Other Appurtenances and
Sidewalk across Part of Lot 61, and Lot 1 of the East '/2 of Lot 59, in Tschirgi and
Schwind's Subdivision, City of Dubuque, Iowa.
DISCUSSION
Because of the project scope, limited public right of way areas, new ADA requirements
for ramps, and the location of certain underground utility vaults, it was necessary to
design some sidewalk and traffic signal pole improvements on the adjacent private
properties. Temporary and permanent sidewalk and utility easements are being sought
so these improvements can be installed and maintained on the private property.
Because the project is partially funded by state/federal monies, the Engineering
Department is following the federal guidelines for property acquisitions.
The property is described as Part of Lot 61, and Lot 1 of the East 1/2 of Lot 59, in
Tschirgi and Schwind's Subdivision, City of Dubuque, Iowa, includes a residential
building, and is owned by William and Kathleen Jester. The City has negotiated with
the owner for an easement to facilitate the construction and on-going maintenance of
the utilities. The City of Dubuque will own and maintain the utilities while the property
owners will be responsible for maintenance of any new sidewalk.
RECOMMENDATION
I recommend accepting the Grant of Easement for Underground Electric, Fiber Optic
Cable, Traffic Signals & Other Appurtenances and Sidewalk across Part of Lot 61, and
Lot 1 of the East Y2 of Lot 59, in Tschirgi and Schwind's Subdivision, City of Dubuque,
Iowa, as shown on the exhibits attached to the Grant of Easement.
ACTION TO BE TAKEN
I respectfully request acceptance of the dedication of Grant of Easement for
Underground Electric, Fiber Optic Cable, Traffic Signals & Other Appurtenances and
Sidewalk from William and Kathleen Jester through the adoption of the enclosed
resolution.
Prepared by Nate Kieffer, PLS
cc: John Klosterman, Public Works Supervisor
Don Vogt, Public Works Manager
David Ness, Traffic Engineer
2
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Kevin S. Firnstahl City Clerk, City of Dubuque, 50 W. 13th Street Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 294-15
ACCEPTING A GRANT OF EASEMENT FOR UNDERGROUND ELECTRIC, FIBER
OPTIC CABLE, TRAFFIC SIGNALS & OTHER APPURTENANCES AND SIDEWALK
THROUGH, OVER AND ACROSS PART OF LOT 61, AND LOT 1 OF THE EAST 1/2 OF
LOT 59, IN TSCHIRGI AND SCHWIND'S SUBDIVISION, CITY OF DUBUQUE, IOWA
Whereas, William K. and Kathleen Jester have executed a Grant of Easement for
Underground Electric, Fiber Optic Cable, Traffic Signals & Other Appurtenances and
Sidewalk through, over and across Part of Lot 61, and Lot 1 of the East 1/2 of Lot 59, in
Tschirgi and Schwind's Subdivision, City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts
and consents to the Grant of Easement for Underground Electric, Fiber Optic Cable, Traffic
Signals & Other Appurtenances and Sidewalk through, over and across Part of Lot 61, and
Lot 1 of the East 1/2 of Lot 59, in Tschirgi and Schwind's Subdivision, City of Dubuque, Iowa
from William K. and Kathleen Jester and, a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments in connection herewith.
Section 3. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this resolution in the offices of the City Assessor, Dubuque County
Recorder and Dubuque County Auditor.
Passed, approved and adopted this 8th day of September, 2015.
Attest:
Kevin S. drnstahl, CMe, C( Clerk
/4p
Roy D. Buol Mayor
F',op +:-td b-r Na!_ i. ;rf. Piz C tV Of C:wr ',t,e 54'Oi 1 Ilw!.:Y3.3t -"01 .;r--..-L
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GRANT OF EASEMENT FOR UNDERGROUND ELECTRIC, FIBER OPTIC
CABLE. TRAFFIC SIGNALS & OTHER APPURTENANCES AND SIDEWALK
For and in consideration of the sum of Three HLIndrell and 21,100 Dollars
l$30021} and other good and valuable consideration. the receipt *hereof is
herebv acknowledged
VVIliam K. Jester, a roamed person
1610 Loras Boulevard
Dubuque, IA 52001
of Dubuque County, State of Iowa, for themselves their successors, heirs and
assigns do hereby grant, sell and convey to the CITY OF DUBLIQUE, IOWA, a
municipal corporation, its agents and contractors m perpetuity, from the date
hereof a right-of-way and easement through. under and across the following
described real estate situated in Dubuque Iowa to wit
Flail of Lot 51, and Lot 1 of the East of Lot 59, in Tschirgi and Schwind"s
Subdivision Qty of Dubuque. Iowa -
Said easement shall be as shown on the allactied Exhit;it a for the purpose of
constructing and maintaining underground electric. f+Ler naptic cable, traffic.
signalf. and other appurtenances, along with the nght privilege and authority to
construct reconstruct maintain:. operate, iep;w p atrof and remove said
improvements. Said easement shall also be fcr the p rpose of pedestrian travel
via a public sidewalk Said easement shall also include the right to cut., trim or
remove tree, bushes and roots as rnta� 1,,e required �nc.tdent to right, given
herein
Togetner o„th the right to enter upnr) said pro aero, and c(ctq,N the teinporar�-
etasen'tent area as shown on the attached E;xhibi; A during the perod of
�ccr)striaO o+) Lintii the prcl ert ;s taccepted 61 t"iy t-i,unc ii
4
Follmong any constructtor, jviair,lerari(e ry FFI 31r -'f 53'�! Undlergrounil electric,
f0er optic cable, traffic signais aric, dap ur'pr,arce,, it-e Ciry of Dubuque
shall restore any disturbed turf are,-) :0 1 , ::,(clip`:v ocri(IvI c n. MaVeriance and
repair of the newly constructed putilic su4.ev-:ijP st:all I)e !he rest=sibility of the
cwvner of real estate desc-Med al',oye -er Cj,- :-cde. Sect n 10-1-2 Sidewalk
Installation and Repair
Subsequent property owners, their suc r essr rs rte-,rs c!r L ,-is I
s gns shall not erect
any structure over or within the easeiverl area tMncut cblarning the prior written
consent of the City Engineer
Subsequent property owners, their sucrc-EsL,,q;, heirs and assigns shall not
change the grade, elevation, or contour or pWorm any construction or,
excavation that will diminish the lateral support of said underground electric, fiber
optic cable, traffic signals and other appurtenances and sidewalk without
obtaining the prior written consent of the City Engineer.
To have and to hold unto the said City of Dubuque, Iowa, forever, and the
undersigned do 'hereby expressly covenant that they are the owners in fee of
said real estate and have gcc;(j right to execute this agreement.. and that the
grantee, its agents or contractors, shall at aH times have free access to and
egress from and over said real estate to maintain, remcdel or repair said
underground electric, fiber optic cable, traffic signals and other appurtenances
thereon or therein. Said easement shall be binding on all Subsequent propertV
owners, their successors, heirs and asssgns
Dated at .44 i-L111 10'Aa fll;s —davof
William ip"'afer
Xalhlewj-eder
NOTARY PUBLIC
STATE OF Iowa,
COLI.WY OF Dubuque St.
On ;nis 5 day of 01,,'yU5 6 -, A.D X01 t,efcfe me, the undersigned,
a Ncllars, Public o and for said County. in sand State, c erz-,onally appeared William
K ie!�,terind KaMleert 1%j,L,and 3nulvAE L. me Nni'mn to be the identical
nr-ic.t,n,F,i n:vnpii ri lrri .-r,r, P4;-rii1r-r' o rY.ir -ir,'* fri;-rininn jn.kztnjmPnt to
5
,,0ich this IS attsl hed. awl :3CKJl(IV%'!edCjed tt'icit 'tt e"y eXK?C!-Aed Me ;NT)e -DIS ttle..ff
vvltintary art and deed
ALI HUNZEKER
o ` COMMISSION NUMBER 785130 {tt fy Put. �{ X11 and t C)f is311j State
MV COMMISSION EXPIRES
F USE . ..,.;... .. ?�.wrAgt Fm.riC;:r,}r'.•'.: la. ,r: :1C.i'c,t.t�
6
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1PROPOSE[i 7F kip
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egfr+ c, P 1.5(?Si, 1828+,tiJ
(PROPOSED PERM. $' � i �'. •`�
JEASEMENT 6'X6' i
Lt#a 61 StlC*HILRi43i w 1A27
-�_-- SGf : °i vim': I_ _'_ ATCH WIDTH{�
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EXHIBIT a PA,-3E
LEIaAI CiESCF;P?iQN - EAS'EMENT FOR UNDERGROUND ELECTRIC, FIBER C+PT4t CABLE, TRAFFIC SIGNALS
& CITHER APPI.IRTENANCES.ANDSIDEWALK
PART OF LOT 61 IN TSCHPR+;I AND SC.HWIND"S SUBIIIVISION, C ITY OF DOBUQUE, I4)WA, %IORE
P.ARTIC,ULARLY DE SC RIRED AS FOLUCWS.
BEGINNING AT THE NC)RTHEASTERLY CORNER OF LOT Cil IN TSCHIRGI AND SCH` INUS SUBDIVISION,
CITY OF tIl-IEIi9I-XIE. :.CIWA, THENCE SOUTHERLY ALONGTHE WESTERLY RIGHT OF VVAY LINE OF
GRANDVIEW AVENUE .A USTANCE OF 6,00 FEET; THENCE NORTHWESTERLY 70 A POINT ON THE
SOUTHERLY RfGHT OF WAY LINE OF LORAS BOULEVARD, BEING 6.00 FEET WESTERILY OF THE
NORTHEASTERLY CORNER OF SAID LOT 61;THE.NC:E EASTERLY ALONG THE SOUTHERLY RIGHT OF WAY
LINE OF LORAS BOULEVARD A DISTANCE OF 6.00 FEET TO THE POINT OF BEGINNING. CONTAINING 18
SQUARE FEET MORE OR LESS.
8
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DISCLAIMER:This Information was compiled
Ising the Drea ubuque AGeographic Informatl'the
DAGIs),u b ch Indodes data c_eated by hem me city of Map Prepared by:
Dubuque and Dubuque county. It Is understood mat,while
th city ofDobogoeand pal-ticipating agenciesatulzed the City of Dubuque
most—r',tand amurate Information available,DAGIs and 1 inch = 30 feet Engineering Division
Its suppliers do not warrant the accuracy or currency of the
Inf—dti n o,data contained herein.The city and pa_ticlpating 50 West 13th Street
agencies shall not be held cable fog any dl�ect,Indhect,Incidental, Dubuque,Iowa 52001
mnsmgnential,pnnitroe,oi-special damages,whether III esmeable oi-
onf—seeable,a�Ising oot of me s th,�,ed o,o...tholIIsed ose of 30 15 0 30 Feet Phone:(563)589-4270
this data of me Ina to o�this data o�oot of any beach of
wa—ty whatsoever S Fax:(563)589-4205
11III 11111111111111111111111
11111111
1111111
110
11
111111
Doc ID 008314460007 Type GEN
Kind: EASEMENT
Recorded: 09/15/2015 at 09:52:00 AM
Fee Amt: $37.00 Page 1 of 7
Dubuque County Iowa
John Murphy Recorder
File2015-00011908
Prepared by:. Nate Kieffer, PLS.Ctyt ue, 50 W. 131' Street, Ll kA 52 (50358f4-4270
Return to. Nate Kseffer, PLS, City of Dubuque. 50 W. 13" Street, t. ,uque„ IA 5e. 1 (583)580-4270
GRANT OF EASEMENT FOR UNDERGROUND ELECTRIC, FIBER OPTIC
CABLE, TRAFFIC SIGNALS & OTHER APPURTENANCES AND SIDEWALK
For and in consideration of the sum of Three Hundred and 211100 Dollars
($300.21) and other good and val e consi. on, the receipt whereof is
hereby acknowledged,
William K. Jester, a mar
1610 Loras Boulevard
Dubuque, IA 52001
of Dubuque County, State of lovva, for themselves, their successors, heirs and
assigns, do hereby grant, sell and convey to the UP! OF DUBUQUE, IOWA, a
municipal corporation, its agents and contractors, in perpetuity, from the date
hereof, a right-of-way and easement through, under and across the following
described real estate situated in Dubuque, kma, to wit:
Part of Lot 61, and Lot 1 of the East %of Lot 59, in Tschirqi and Schwind's
Subdivision, City of Dubuque, Iowa
Said easement shall be as shown on the attached Exhibit A for the pu • e of
constructing and maintaining underground electric, fiber optic cable, traffic
signals and other appurtenances, along with the right, privilege and authority to
construct, reconstruct, maintain, operate, repair, patrol and remove said
improvements. Saki easement shall also be for the pu sof pedestrian travel
via a public sidewalk. Said ease nt shall also include the right to cut, trim or
remove trees, bushes ancl roots as may be required incident to rights given
herein.
Together with the right to enter upon said property and occupy the temporary
easement area as shown on the attached Exhibit A during the period of
construction until the project is accepted by City ncil.
Following any construction, maintenance or repair of said underground electric,
fiber optic cable, traffic signals and other . rtenances, the City of Dubuque
shall restore any disturbed turf area to its original condition. Maintenance and
repair of the newly constructed public sidewalk shall be the responsibility of the
owner of real estate described above per City e Section 10-1-2 Sidewalk
installation and Repair.
Subsequent property owners, their successors, heirs or assigns shall not erect
any structure over or within the easement area without obtaining the prior written
consent of the City Engineer.
Subsequent property owners, their successors, heirs and assigns shall not
change the grade, elevation, contour or perform any construction or
excavation that will diminish Die taterai support of said underground electric, fiber
optic cable, traffic signals and other appurtenances and sidewalk without
obtaining the prior written consent of the City Engineer_
To have and to hold unto the said City of Dubuque, Iowa, forever, and the
undersigned do hereby exp
said real estate and have
grantee, its agents or contra
egress from and over said real
4 4'4,
covenant that they are the owners in fee of
right to execute this agreement, and that the
at all times have free access to and
e to maintain, remodel or repair said
underground electric, fiber optic cable, traffic signals and other appurtenances
thereon or therein. Said easement .11 be i ng on all subsequent property
owners, their successors, heirs and assigns.
Dated at Za6/4za_ , Iowa this
2015.
STATE OF Iowa,
NOTARY PUBUC
COUNTY OF Dubuque, SS:
On this e9 5 day of magus , AD., 2015 before rne, the undersigned,
a Notary Public in and for said County, in said e, ally appeared William
K. Jester and Kathleen Jester, husba i and wife„ to me known to be the identical
nersnnisl named in and Who executed the within and fnrenninn instrument to
which this is
voluntaiy act
ched, and ac:
d d
edged that ey executed the same as their
FAUSERS1stec 4,1
..;
ALI HUNZEKER
COMMISSION NUMBER 785130
MY COMMISSION EXPIRES
Notary Public In ancl For id State
AgreementtGrantOtEa 5.doc
EXHIBIT A
'PAGE 1/2
HEA TE
PROPOSED TEMP.
EASEMENT
57 S
PROPOSED PERM.
EASEMENT 6'Xt6'
B SO. FT.
0 .` fi
SCALE t*zt S.FEET
LOT 61 SCHIRGI&
SCHWIND'S
SUBDIVISION
1 ST FLIGHT OF WAY LINE
GRANDVIEW AVE.
EXHIBIT A PAGE 2/2
LEGAL DESCRIPTION - EASEMENT FOR UNDERGROUND ELECTRIC, FIBER OPTIC CABLE, TRAFFIC SIGNALS
& OTHER APPURTENANCES AND SIDEWALK
PART OF LOT 61 IN TSCHIRGI AND SCHWIND'S SUBDIVISION, CITY OF DUBUQUE, IOWA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY CORNER OF LOT 61 IN TSCHIRGI AND SCHWIND'S SUBDIVISION,
CITY OF DUBUQUE, IOWA, THENCE SOUTHERLY ALONG THE WESTERLY RIGHT OF WAY LINE OF
GRANDVIEW AVENUE A DISTANCE OF 6.00 FEET; THENCE NORTHWESTERLY TO A POINT ON THE
SOUTHERLY RIGHT OF WAY LINE OF LORAS BOULEVARD, BEING 6.00 FEET WESTERLY OF THE
NORTHEASTERLY CORNER OF SAID LOT 61; THENCE EASTERLY ALONG THE SOUTHERLY RIGHT OF WAY
LINE OF LORAS BOULEVARD A DISTANCE OF 6.00 FEET TO THE POINT OF BEGINNING, CONTAINING 18
SQUARE FEET MORE OR LESS.
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Kevin S. Firnstahl City Clerk, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 294-15
ACCEPTING A GRANT OF EASEMENT FOR UNDERGROUND ELECTRIC, FIBER
OPTIC CABLE, TRAFFIC SIGNALS & OTHER APPURTENANCES AND SIDEWALK
THROUGH, OVER AND ACROSS PART OF LOT 61, AND LOT 1 OF THE EAST 1/2 OF
LOT 59, IN TSCHIRGI AND SCHWIND'S SUBDIVISION, CITY OF DUBUQUE, IOWA
Whereas, William K. and Kathleen Jester have executed a Grant of Easement for
Underground Electric, Fiber Optic Cable, Traffic Signals & Other Appurtenances and
Sidewalk through, over and across Part of Lot 61, and Lot 1 of the East 1/2 of Lot 59, in
Tschirgi and Schwind's Subdivision, City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts
and consents to the Grant of Easement for Underground Electric, Fiber Optic Cable, Traffic
Signals & Other Appurtenances and Sidewalk through, over and across Part of Lot 61, and
Lot 1 of the East 1/2 of Lot 59, in Tschirgi and Schwind's Subdivision, City of Dubuque, Iowa
from William K. and Kathleen Jester and, a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments in connection herewith.
Section 3. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this resolution in the offices of the City Assessor, Dubuque County
Recorder and Dubuque County Auditor.
Passed, approved and adopted this 8th day of September, 2015.
Attest:
..ror
Kevin S. Elirnstahl, CMO, Cl'
Clerk
Roy D. Buol; Mayor
CERTIFICATE of tfie CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Trish L. Gleason, do hereby certify that I am the duly appointed, qualified,
Assistant City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such
Assistant City Clerk, I have in my possession or have access to the records of the
proceedings of the City Council. I do further state that the hereto attached
Resolution No. 294-15 is a correct copy of the original Resolution No. 294-15 approved
and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said
Council on the 8th day of September, 2015.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 11th day of September, 2015.
Trish L. Gleason, Assistant City Clerk