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Dubuque Bank & Trust Acceptance of Easement_Grandview Roundabout Copyright 2014 City of Dubuque Consent Items # 25. ITEM TITLE: Dubuque Bank& Trust Acceptance of Easement Agreement SUMMARY: City Manager recommending acceptance of a Grant of Easement for Sidewalk and Utilities across Part of Lot 1 in Loetscher and Truebs Subdivision, and Lot 2 in Rigi Subdivision No. 2, City of Dubuque, Iowa, for the Grandview/Delhi and Grace Roundabout Project. RESOLUTION Accepting a Grant of for sidewalk and utilities over and across part of Lot 1 in Loetscher and Truebs Subdivision, and Lot 2 in Rigi Subdivision No. 2, City of Dubuque, Iowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Accept Easement Agreement from Dubuque Bank and City Manager Memo Trust-MVM 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 Sidewalk and Utilities from Dubuque Bank and Trust Company over property at 500 N. Grandview Avenue in Dubuque — Grandview/Delhi and Grace Roundabout Project DATE: April 13, 2016 City Engineer Gus Psihoyos recommends City Council acceptance of a Grant of Easement for Sidewalk and Utilities across Part of Lot 1 in Loetscher and Truebs Subdivision, and Lot 2 in Rigi Subdivision No. 2., City of Dubuque, Iowa, for the Grandview/Delhi and Grace Roundabout Project. I concur with the recommendation and respectfully request Mayor and City Council approval. Micliael 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 Dubuque Engineering Department THE CITY OF � 50 W. 13`h Street AllameftCfty Dubuque,1A 52001 DOfficeT TB E (563)589-4270 LJ � � Fax(563)589-4205 TDD(563)556-9948 Masterpiece on the Mississippi ZOO •2012.2013 engineer@cityofdubuque.org www.cityofdubuque.org TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer ' SUBJECT: Acceptance of Grant of Easement for Sidewalk and Utilities from Dubuque Bank and Trust Company over property at 500 N. Grandview Ave. in Dubuque — Grandview/Delhi and Grace Roundabout Project DATE: April 7, 2016 INTRODUCTION The purpose of this memorandum is to seek acceptance of a Grant of Easement for Sidewalk and Utilities across Part of Lot 1 in Loetscher and Truebs Subdivision, and Lot 2 in Rigi Subdivision No. 2., City of Dubuque, Iowa for the Grandview/Delhi and Grace Roundabout Project. DISCUSSION Because of the project scope and limited public right of way areas it was necessary to design some sidewalk and utilities on the adjacent private property at the northeast corner of the intersection. A permanent sidewalk and utility easement is being sought so these improvements can be installed and maintained on the private property. Because the project is partially funded by State monies, the Engineering Department is following the State guidelines for property acquisitions. The property is described as Part of Lot 1 in Loetscher and Truebs Subdivision, and Lot 2 in Rigi Subdivision No. 2., City of Dubuque, Iowa, includes a commercial bank building, and is owned by Dubuque Bank and Trust Company. The City has negotiated with the owner for an easement to facilitate the construction and on-going maintenance of any utilities. The City of Dubuque will own and maintain any public utilities while the property owners will be responsible for maintenance of any new sidewalk. RECOMMENDATION I recommend accepting the Grant of Easement for Sidewalk and Utilities across Part of Lot 1 in Loetscher and Truebs Subdivision, and Lot 2 in Rigi Subdivision No. 2., City of Dubuque, Iowa, for the Grandview/Delhi and Grace Roundabout Project as shown on the exhibit attached to the Grant of Easement. ACTION TO BE TAKEN I respectfully request acceptance of the dedication of Grant of Easement for Sidewalk and Utilities from Dubuque Bank and Trust Company through the adoption of the enclosed resolution. Prepared by Nate Kieffer, PLS cc: John Klosterman, Public Works Supervisor Don Vogt, Public Works Manager Jon Dienst, Civil Engineer II 2 NAE LOCATION MAP DAGIS ELB000E AREA G aGKAPIIC INFERlIAT—=v„EH Masterpiece on the Mississippi 520 r r 7 1705 DB&T Af z PROPERTY G) R 1597 rn /0 1 500, j D m t” A PROPOSED SIDEWALK & ' m UTILITY EASEMENT lI RPc�S NI S � _ Dubuque County Assessor, City of Dubuque Assessor DISCLAIMER:This Information was compiled (sing the Dubuque Area Geographic Informatl on System DAGIS),whld,Indodes data c_eated by hem me city of Map Prepared by: Dubuque and Dubuque county. It Is understood mat,while th city ofDobogoeand pafticipating agenciesatulzed the City of Dubuque most wrrentand amurate Information available,DAGIS and 1 inch = 30 feet Engineering Division Its suppliers do not warrant the accuracy oC ct,,e cV of the mfo�maeon o�data contained he­eln.The city and pa�ticlpating 50 West 13th Street agencies shall not be held cable foi-any dl�ect,Indhect,Incldental, Dubuque,Iowa 52001 mnsmgnential,pnniti,e,or special damages,whether fo�esmeable or onfoi-eseeable,a�Ising oot of me s th,�,ed o,onaotholIIsed ose of 30 15 0 30 Feet Phone:(563)589-4270 this data or the Inability to usre this data or out of any breach of way ty whatsoever Fax:(563)589-4205 u i 11 V 11 1111 IIII V Doc ID: 008420480005 Type GEN Kind EASEMENT Recorded: 04/20/2016 at 04:01:44 PM Fee Amt: $27.00 Pape 1 of 5 Dubuque County Iowa John Murphy Recorder File2016_00004379 Prepared by: Nate Kieffer, PLS, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, PLS, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 GRANT OF EASEMENT FOR SIDEWALK AND UTILITIES For and in consideration of the sum of Ten and 00/100 Dollars ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Dubuque Bank and Trust Company 1398 Central Avenue 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 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, Iowa, to wit: Part of Lot 1 in Loetscher and Truebs Subdivision, and Lot 2 in Riqi Subdivision No. 2., City of Dubuque, Iowa Said easement shall be as shown on the attached Exhibit A for the purpose of constructing and maintaining underground utilities, along with the right, privilege and authority to construct, reconstruct, maintain, operate, repair, patrol and remove said improvements. Said easement shall also be for the purpose of pedestrian travel via a public sidewalk. Said easement shall also include the right to cut, trim or remove trees, bushes and roots as may be required incident to rights given herein. Following any construction, maintenance or repair of said underground utilities, 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 Code 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. 1)./la v Subsequent property owners, their successors, heirs and assigns shall not change the grade, elevation, or contour or perform any construction or excavation that will diminish the lateral support of said underground utilities 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 good right to execute this agreement, and that the grantee, its agents or contractors, shall at all times have free access to and egress from and over said real estate to maintain, remodel or repair said underground utilities thereon or therein. Said easement shall be binding on all subsequent property owners, their successors, heirs and assigns. Dated at 7)&t,i6U.A1A,l) , Iowa this -VIAday of / pV 1 ( , 2016. DUBUQUE BANK AND TRUST COMPANY Bre " Tuley 'Vice President of •,(..'rations & Finance NOTARY PUBLIC STATE OF Iowa, COUNTY OF Dubuque, SS: On this day of I , A.D., 2016 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Bret Tuley to me known to be the identical person(s) named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that they executed the same as their voluntary act and deed. ROSANNE GAUL o2� x Commission Number 768045 z 4tlC4 o miss' oW Notary Public In and For Said State Reserved for Recorder Prepared By: Nate Kieffer 50 West 13th St. Dubuque,IA 52001 Ph:563-589-4270 Dubuque All -America City 2007 CITY OF DUBUQUE ENGINEERING DEPARTMENT CITY HALL, 50 WEST 13th STREET DUBUQUE, IA 52001-4864 PHONE (563) 589-4270 FAX (563) 589-4205 Drawn By: RNK Approved By: RNK Date: 02-02-2016 PART OF LOT 1 LOETSCHER & TRUEBS SUB. & LOT 2 RIGI SUB., CITY OF DUBUQUE, IOWA DWG Location: F:\NKieffer\CAD Drawings \Grandview Delhi Roundabout\Dubuque Bank and Trust Easement\db&t easement exhibit 02022016.dwg C.I.P. Number: Sheet Number: 1 of 1 LOTS 1-6-12 & 2-6-12 BOTH OF MIN LOT 172 & LOT 2-1 NORTH RIGI SUB & LOT 1-1-1 RI0I SUB 0 10' 20' SCALE 1" = 20' FEET LEGEND O R.O.W. (100.00') LOT 1-20 RECHES SUB. 40' FOUND CUT "X" IN CONCRETE FOUND IRON ROD/PIPE AS SHOWN SET 5/8" REBAR WITH YELLOW PLASTIC CAP # 18128 RIGHT OF WAY RECORD DIMENSION LINE BREAK ADJACENT PROPERTY LINE RIGHT OF WAY LINE PROPOSED EASEMENT LINE GRACE STREET NOTES: FD. 8" REROD Z 4 rn EDGE OF EXIST. PAVEMENT O LC N 4_ N08° 47' 14"W 18.40') FD. 6" REROD (YELLOW CAP "4016") N52° 07' 45"W 13.62' (13.60') FD. 8" REROD (YELLOW CAP "4016") c) z EXHIBIT A SIDEWALK AND UTILITY EASEMENT ACROSS PART OF LOT 1 LOETSCHER & TRUEBS SUB. & LOT 2 IN RIGI SUB. NO. 2, CITY OF DUBUQUE, IOWA L=5.75' R=97.50' DELTA=03° 22' 51" CD=S26° 56' 47"E 5.75' L=6.76' R=37.50' DELTA=10° 20' 01" CD=S33° 48' 13"E 6.75' S38° 58' 14"E 7.75' FD: 1" PIPE LOT 1 LOETSCHER 8c TRUEBS SUB. DOC. NO. 3920-99', BK. 33 PG. 235 PERMANENT UTILITY AND SIDEWALK EASEMENT - AREA = 226 SF L=40.95' R=69.00' DELTA=34° 00' 05" CD=S55° 58' 16"E 40.35' 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2. PROPRIETOR OF ABOVE DESCRIBED LOT: DUBUQUE BANK & TRUST COMPANY 3. SURVEY REQUESTED BY: CITY OF DUBUQUE, 50 W. 13TH ST. DUBUQUE, IOWA 4. TOTAL AREA OF PERIMETER SURVEYED IS: 226 SF 5. THIS EASEMENT PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. 6. DATE OF SURVEY: 12-22-2015 I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa. 0¢-v1206 Russell N. Kieffer Iowa Lic. No. 18128 Date My license renewal date is December 31, 2016 Pages or sheets covered by this seal: THIS PAGE ONLY 2 LOT 2 LOETSCHER & TRUEBS SUB. DOC. NO. 3920-99 BK. 33 PG. 235 L=27.72' R=166.00' DELTA=09° 34' 05" CD=S77° 45' 21"E 27.69' —N07° 23' 42"E 0.88' FD. CUT "X" IN SIDEWALK 77. 73 L=61.66' R=155.00' DELTA=22° 47' 38" CD=N71° 23' 58"W 61.26' NOTE: THIS SURVEY IS LOCATED IN THE NE 1/4 SECTION 26, T89N, R2E (DUBUQUE TOWNSHIP) OF THE 5TH P.M. IN THE CITY OF DUBUQUE, DUBUQUE COUNTY IOWA FOR THE PURPOSE OF THIS SURVEY THE WEST R.O.W. LINE OF STEWART ST. IS ASSUMED TO BEAR NORTH 13 DEGREES 59 MINUTES 15 SECONDS WEST L=95.03' (95.07') R=155.00' DELTA=35° 07' 38" CD=N77° 33'58"W 93.55' (93.58') SOUTH LINE LOT 2 FD. 1" PIPE DELHI ST. L=42.67' (42.68') R=380.00' DELTA=06° 26' 03" CD=N80° 57' 33"E 42.65' (42.66') LOT 1 GRANDVIEW—DELHI ST PLACE o rn —11'3 70. z. rano rri Prepared by: Nate Kieffer City of Dubuque 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 148-16 ACCEPTING A GRANT OF EASEMENT FOR SIDEWALK AND UTILITIES OVER AND ACROSS PART OF LOT 1 IN LOETSCHER AND TRUEBS SUBDIVISION, AND LOT 2 IN RIGI SUBDIVISION NO. 2., CITY OF DUBUQUE, IOWA Whereas, Dubuque Bank and Trust Company has executed a Grant of Easement for Sidewalk and Utilities through, over and across Part of Lot 1 in Loetscher and Truebs Subdivision, and Lot 2 in Rigi Subdivision No. 2., 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 Sidewalk and Utilities over and across Part of Lot 1 in Loetscher and Truebs Subdivision, and Lot 2 in Rigi Subdivision No. 2., City of Dubuque, Iowa, from Dubuque Bank and Trust Company, 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. Attest: Passed, approved and adopted this 18th day of April Kevin S. Firnstahl, CMC, pity Clerk Ric W nes, Mayor Pro -Tem STATE OF IOWA CERTIFICATE of the CITY CLERK SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such 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. 148-16 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 19th day of April, 2016. Kevin (Firnstahl, CM , Cty Clerk