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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 Ri"I-ir Ic Nvo' r'*"er ;L,:, f 4y,:a C�bu j,S ,54 Bri 13" vis»•. C.r t rlu4 Lk 5MW ,!�&! !8e214270 ` 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 EXHIBIT A �aFRZA BLVD PAGE 1.1'2 -�-.--__�. ` -.,` 1818+5,0 �-�„ • �..f... •• W 1621 as a40RT:'A-�,`s..� ���6; if(>,�g R..., �. 1_ PROPOSED w 1822..916 / �L�T ,1 C w a82a+102 J 1814+3.p iltt'L _ ��4tt.�iiti• - ���.ms p! "RB KE—AD P 13.87% fl I ` 47 CURS HEAD jj 1811+12U uj 1813 23.1 g a w 1811 LLJ OV -,:,ALKi.�.4W:^„ '" FjL.':g' w 1802,1-101 z SOUTH RIGHT i F Y"i'+1,'Y LINE A '�ti') i`�t �'�• �' S' CEFivrp or+a H P LC�'1�,S BLVD. � 2.00",B� 1PROPOSE[i 7F kip -ASFMFNT .r 157 SO FT 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{� EST RIGH 1 ` F�2tANe LN17 ...�.. ..,.•.._�-�FI i -AVE. Stud QUADRANT aRANDVIEW AVFNt)E&LORAD BLVD. j r 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 rNA E LOCATION MAP DAGIS ELB000EAREA G—AP1ICINFER-10 SY-H Masterpiece on the Mississippi 53v"- 1430 u �s 1425 �t 1,*4 0 °.rte 1673 m PS BLVp 1675 � - � -- �►p. -~ 1590 1610 1628 1392 Dubuque County Assessor, City of Dubuque Assessor 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