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
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PROPOSED SIDEWALK & '
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� _ 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
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1111 IIII
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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