Asbury Business Park - Acceptance of EasementTHE CITY OF DUBUQUE
Masterpiece on the Mississippi
Dubuque
All-American City
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Asbury Business Park - Acceptance of Easement
DATE: October 28, 2008
City Engineer Gus Psihoyos recommends City Council approval of a resolution
accepting an Easement for Sanitary Sewer Lift Stations, Force Main, Storm Sewer,
Watermain, Streets and Public Utilities in Asbury Business Park from Motor City, LLC.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF ~,~,.-
~t1 B ~
Masterpiece on the Mtssrssippt
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: October 22, 2008
SUBJECT: Asbury Business Park -Acceptance of Easement
INTRODUCTION
Dubuque
IUI
,~ ~-
~~
200
The purpose of this memo is to present a resolution accepting an Easement for Sanitary
Sewer Lift Stations, Force Main, Storm Sewer, Watermain, Streets and Public Utilities in
Asbury Business Park.
DISCUSSION
As part of a development agreement with Wendell Corey, President of Motor City, LLC,
the City agreed to construct sanitary sewer lift stations and force main to serve the
proposed development of Asbury Business Park. These improvements were
constructed in 2008 and are 98% complete. Normally, ROW and easements are
established for the public utilities through the platting process. But due to delays in the
platting of the subdivision, the City has asked Mr. Corey for easements for the public
utilities.
RECOMMENDATION
I recommend that the City accept the easements for the public utilities associated with
the Asbury Business Park subdivision
ACTION TO BE TAKEN
I respectfully request that the City Council adopt the attached resolution accepting the
Easement for Sanitary Sewer Lift Stations, Force Main, Storm Sewer, Watermain,
Streets and Public Utilities in Asbury Business Park from Motor City, LLC.
cc: Barry Lindahl, City Attorney
Ron Turner, PLS
Deron Muehring, Civil Engineer II
F:\USERS\Ischluet\Turner, Ron\Easements\2008 10-22-08 Acceptance of Easement Memo -Motor City, LLC-d.doc
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13`h Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 387-08
A RESOLUTION ACCEPTING THE GRANT OF AN EASEMENT FOR SANITARY SEWER LIFT STATIONS,
FORCE MAIN, STORM SEWER, WATER MAIN, STREETS AND PUBLIC UTILITIES IN ASBURY
BUSINESS PARK IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque entered into an agreement with Motor City, LLC pursuant to which Motor
City, LLC agreed to allow construction of utilities over and across parts of the E ~/2 NW'/4 NE ~/o, the SW %4 NE
~/4 in Section 17, T89N, R2E, 5th P.M. and Lot 2 Asbury Plaza No. 3 all in the City of Dubuque, Dubuque
County, Iowa; and
Whereas, Motor City, LLC has executed an Easement for Sanitary Sewer Lift Stations, Force Main,
Storm Sewer, Water Main, Streets and Public Utilities over and across parts of the E ~/ NW'/4 NE ~/4, the SW
%4 NE'/4 in Section 17, T89N, R2E, 5th P.M. and Lot 2 Asbury Plaza No. 3 all in the City of Dubuque, Dubuque
County, 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 the Easement for Sanitary Sewer Lift Stations, Force Main, Storm Sewer, Water Main,
Streets and Public Utilities in over and across parts of the E ~h NW '/4 NE %4, the SW %4 NE % in Section 17,
T89N, R2E, 5th P.M. and Lot 2 Asbury Plaza No. 3 all in the City of Dubuque, Dubuque County, Iowa from
Motor City, LLC, 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.
Passed, adopted and approved this 3rd day of November, 2008.
G~
Roy D. Buol, Mayor
Attes .
anne F. Schneider, CMC, City Clerk
F:\USERS\Ischluet\Turner, Ron\Easements\Motor City, LLC Resolution Accepting Easement for Sanitary Sewer Lift Stations....doc
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13~h Street, Dubuque, IA 52001 (563) 589-4270
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563) 589-4270
GRANT OF EASEMENT FOR SANITARY SEWER LIFT STATIONS, FORCE MAIN, STORM
SEWER, WATER MAIN, STREETS AND PUBLIC UTILITIES
For good and valuable consideration, the receipt whereof is hereby acknowledged,
Motor City, LLC.
825 S. Taft Ave.
Mason City, Iowa 50401
of Cerro Gordo County, State of Iowa ("Grantor"), for itself and its successors and assigns, does
hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, a municipal corporation
("Grantee"), its agents and contractors, in perpetuity, from the date hereof, aright-of-way and
easement through, under and across a part of the following described real estate situated in
Dubuque, Iowa, to wit:
The SW1/4 NE1/4, and the E1/2-NW1/4 NE1/4, all in Section 17, Township 89
North, Range 2 East of the 5th P.M. and Lot 2 in Asbury Plaza No. 3 all in the City of
Dubuque, Iowa
shown on the attached EXHIBIT A ("the Easement Area"), for the purpose of constructing,
installing, repairing and maintaining sanitary sewer lift stations, force main, storm sewer, water
main, streets and public utilities ("the Improvements") in accordance with the Plans and
Specifications on file in the office of the City Engineer.
It is understood and agreed that Grantee herein shall restore the Easement Area due to the
construction, installation, repair or maintenance of the Improvements.
Grantor shall not erect any structure over or within the Easement Area without obtaining the
prior written approval of the City of Dubuque City Engineer.
Grantor shall not change the grade, elevation, contour or perform any construction or
excavation that will diminish. the lateral support of the Improvements, except as shown on the
approved improvement plans, 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 does
hereby expressly covenant that the Grantor is the owner in fee of said real estate and has full
authority and right to execute this Grant of Easement, and that the Grantee, its agents or
contractors, shall at all times have free access to and egress from and over said Easement Area
to construct, install, repair and maintain the Improvements thereon or therein.
Dated at Dubuque, Iowa this ~~ day of ~`~~ , 2008.
Lr ~'" ~
Wendell W. Corey
Motor City, LLC.
ALL PURPOSE ACKNOWLEDGMENT
STATE OF IOW
COUNTY OF ~~'Yl7
On this ~a ^~'~ day of V ~ , 2008, before me, the undersigned, a Notary Public
in and for said State, personally appeared Wendell W. Corey Ito me personally known, OR
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s) acted, executed the instrument.
(Notary Se ) ~ R W MECHEM
Z~`{~ Commisslon Number 747476
My Commisslon Expires
/pyrA June 18, 2010
sign in ink)
. ~ _ ~ ~- cl~~G~print/type name)
-tary Public in and for State of Iowa
CAPACITY CLAIMED BY SIGNER
_ INDIVIDUAL
XX CORPORATE OFFICER(S) President and Secretary (Title)
(CORP SEAL)
AFFIXED
X NO SEAL PROCURED
PARTNER(S) _ LIMITED XX GENERAL
ATTORNEY-I N-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies):
Motor City, LLC
~~
PREPARED BY: IIW ENGINEERS ~ SURVEYORS P. C, 4155 PENNSYLVANIA AVE. DUBUQUE, IOWA, 583.558.2484
EXHIBIT A
PLAT OF EASEMENT
PART OF NW 1 /4 OF NE 1 /4 SECTION 17; SW 1 /4 OF
NE 1 /4 SECTION 17; LOT 2, ASBURY PLAZA N0. 3, IN
THE CITY OF DUBUQUE, DUBUQUE C OUNTY, IOWA
LOT 1 OF LOT 2 SW 1/4 OF SE 1/4 P.0.6. PERMANENT LOT 1 SE 1/4 OF SE 1/4
SECTION 8, T89N, R2E OF 5TH P.M. N 89'20'31" EASEMENT "C" SECTION 8, T89N, R2E
N89'20'31"E 1006.36' 90.01' S89'20'31"W 226.11' NORTH LINE
3 50' TEMPORAR Y OF SECTION 17
NW COR NW 1/4 NE 1/4 N;° EASEMENTnON NE COR NW 1/4 NE 1/4
SECTION 17, T89N, R2E iv r-
° rn S89'57'40"E
SECTION 17, T89N, R2E
CONC MONUMENT o ^ 15.00' 5/8" IRON ROD W/ CAP NO. 11306
~
P.0.6. PERMAN EN T
EASEMENT "B"
'
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°
75
PERMANENT EASEMENT n S89'S7
40
E
I NOTE
w 50, ~ 35.00' THE BEARINGS SHOWN ON THIS
~ o-
500'02'20"W
N ° PLAT ARE BASED ON THE RECORD
o ~ ~
0 BEARING OF N89'20'31"E ALONG
E 1/2 OF NW 1/4 ~ o
0.00 EASEMENT "B THE NORTH LINE OF THE NW 1/4
OF NE 1/4 SEC. 17, o~ I
~Z OF THE NE 1/4 OF SECTION 17.
T89N, R2E 75' ,°n
~
N89'57'40"W
a CJ i• 35.00' NE 1/4 OF NE 1/4
o ~ N89'S7'40"W
i SEC. 17, T89N, R2E
N69'57'40"W 15.00' ~°o~ -
~? 0 15.00' LEGEND
P.O.B. PERMANENT N LOT LINE
EASEMENT "A" a 3
w ® PERMANENT EASEMENT
o - - - - TEMPORARY CONSTRUCTION
N89'57'40"W 35.00' gp' N EASEMENT
o - - - EXISTING EASEMENT
EASEMENT "A" ~
_ oo ~ ) RECORD INFORMATION
I°n 75' v> P.O.B. POINT OF BEGINNING
S00'02'20"W 50
00' N00'02'20"E p SET 5/8" IRON ROD W/
.
0.00 50.00' PLASTIC CAP NO. 11306
' ~ FOUND 1/2" IRON ROD W/
50
50' TEMPOR
R
~+ PLASTIC CAP N0. 14417
A
Y ~ FOUND SECTION CORNER
CONSTRUC110N ~ o
EASEMENT L '~
S89'S7'40"E G P•O.B. PERMANENT
50
00' EASEMENT "D" '
.
SOUTH LINE OF EXISTING 40
WIDE PIPELINE
NW 1/4 OF NE 1/4 L1 889'45'36"W EASEMENT BOOK 62, PAGE 440 ~
~ 210.47'
EAST LINE NE COR 5W 1/4 NE 1/4
OF SW 1/4 ~ SECTION 17, T89N, R2E
NORTH a
g0' OF NE 1/4 AND NW COR LOT 2
GRAPHIC SCALE .
oo ~ 1/2" IRON ROD W/ CAP N0. 14417
0 100 200 N 40'
EXISTING 40' WIDE
~ PIPELINE EASEMENT
1"=100' ~ ~ BOOK 62, PAGE 437 LOT 2,
DRAWING MAY HAVE BEEN REDUCED ~'~ p ~
9 ~ ~ ASBURY
~ P.O.B. PERMANENT PLAZA N0. 3
/
N EASEMENT "E"
~ /
' i
SEE SHEET 2
SW 1/4 OF NE 1/4
SEC. 17, T89N, R2E y F,y
r
O? `~A~~L.N 58836'46"E
123.68' C3 N88
T C1B
~~
PROPRIETOR: MOTOR CITY LLC ~ ~ EASEMENT "E"
PREPARED FOR: CITY OF DUBUQUE °'
DATE PREPARED: OCTOBER 8, 2008 C2B .
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PREPARED BY ME OR UNDER MY DIRECT PERSONAL SUPERNSION AND IIW ENGINEERS RL
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EXHIBIT A
PLAT OF EASEMENT
PART OF NW 1 /4 OF NE 1 /4 SECTION 17; SW 1 /4 OF
NE 1 /4 SECTION 17; LOT 2, ASBURY PLAZA NO. 3, IN
THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
_ _..-
-NE 1 /4 OF NE 1 /4 SEC. 17, T89N, R2E NORTH
EXISTING 40' WIDE PIPELINE o
EASEMENT BOOK 62, PAGE 440 ~
d 210.47' ( \
~ EAST LINE NW COR LOT 2 AND
~ OF SW 1/4 ~ NE COR SW 1/4 NE 1/4
m OF NE 1/4 ~ SECTION 17, T89N, R2E
o ~ ~ 1/2" IRON ROD W/ CAP N0. 14417
SEE SHEET 1 N 40' EXISTING 40' WIDE
~
a PIPELINE EASEMENT
a ~
- ~ BOOK 62, PAGE 437
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.68'
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ASBURY
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PLAT N0. 25-IA-08
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CHECKED WAC PROJ. N0. 06131-10 C4 57.16' 104$.00' 03'08'03" $89'49'12"W 57.16'
DATE 1o-os-o8 SHEET 2 of to
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PLAZA N0. 12 ~
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13"' Street, Dubuque, IA 52001 (563) 589-4270
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563) 589-4270
GRANT OF EASEMENT FOR SANITARY SEWER LIFT STATIONS, FORCE MAIN, STORM
SEWER, WATER MAIN, STREETS AND PUBLIC UTILITIES
For good and valuable consideration, the receipt whereof is hereby acknowledged,
Motor City, LLC.
825 S. Taft Ave.
Mason City, Iowa 50401
of Cerro Gordo County, State of Iowa ("Grantor"), for itself and its successors and assigns, does
hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, a municipal corporation
("Grantee"), its agents and contractors, in perpetuity, from the date hereof, aright-of--way and
easement through, under and across a part of the following described real estate situated in
Dubuque, Iowa, to wit:
The SW1/4 NE1/4, and the E1/2-NW1/4 NE1/4, all in Section 17, Township 89
North, Range 2 East of the 5th P.M. and Lot 2 in Asbury Plaza No. 3 all in the City of
Dubuque, Iowa
shown on the attached EXHIBIT A ("the Easement Area"), for the purpose of constructing,
installing, repairing and maintaining sanitary sewer lift stations, force main, storm sewer, water
main, streets and public utilities ("the Improvements") in accordance with the Plans and
Specifications on file in the office of the City Engineer.
It is understood and agreed that Grantee herein shall restore the Easement Area due to the
construction, installation, repair or maintenance of the Improvements.
Grantor shall not erect any structure over or within the Easement Area without obtaining the
prior written approval of the City of Dubuque City Engineer.
Grantor shall not change the grade, elevation, contour or perform any construction or
excavation that will diminish the lateral support of the Improvements, except as shown on the
approved improvement plans, 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 does
hereby expressly covenant that the Grantor is the owner in fee of said real estate and has full
authority and right to execute this Grant of Easement, and that the Grantee, its agents or
contractors, shall at all times have free access to and egress from and over said Easement Area
to construct, install, repair and maintain the Improvements thereon or therein.
Dated at Dubuque, Iowa this ~ ~ day of ~ ~- , 2008.
Wendell W. Corey __
Motor City, LLC.
ALL PURPOSE ACKNOWLEDGMENT
STATE OF IOW ~~
COUNTY OF ~ °~~17
On this ~~ ^~'~ day of (/ ~ , 2008, before me, the undersigned, a Notary Public
in and for said State, personally appeared Wendell W. Corey ?~ to me personally known, OR
_ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s) acted, executed the inst,~ument.
(Notary Se ) ~ R W MECHEM
Z~'~^ Commission Number 747476
My Commission Expires
roW~ Juno 18.2010
sign in ink)
~ ~ ~'- ~-~-~~print/type name)
~rv Public in and for State of Iowa
CAPACITY CLAIMED BY SIGNER
_ INDIVIDUAL
XX CORPORATE OFFICER(S) President and Secretary (Title)
(CORP SEAL)
_ AFFIXED
%`< NO SEAL PROCURED
PARTNER(S) _ LIMITED XX GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies):
Motor City, LLC
PREPARED BY: IIW ENGINEERS & SURVEYORS P.C, 4155 PENNSYLVANIA AVE, DUBUQUE, IOWA, 563.556.2464
EXHIBIT A
PLAT OF EASEM EN T
PART OF NW 1 /4 OF NE 1 /4 SECTION 17; SW 1 /4 OF
NE 1 /4 SECTION 17; LOT 2, ASBURY PLAZA N0. 3, IN
THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
LOT 1 OF LOT 2 SW 1 /4 OF SE 1 /4 ~ P.0.6. PERMANENT I LOT 1 SE 1 /4 OF SE 1 /4
SECTION 8, T89N, R2E OF 5TH P.M. ~ 1"~ EASEMENT "C" 1 SECTION 8, T89N, R2E
N89'20'31 "E v 1006.36'
NWCORNW1/4NE1/4
SECTION 17, T89N, R2E
CONC MONUMENT
PERMANENT EASEMENT
E1/20FNW 1/4
OF NE 1 /4 SEC. 17,
T89N, R2E
N89'57'40"W 15.00'
P.0.6. PERMANENT
EASEMENT "A"
N89'57'40"W 35.00'
EASEMENT "A"-~ ~
N 89 20 3
/ 90 0101
75'
i w/
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/z
75'
e
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z
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w
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w
90'
S89'20'31 " W 226.11'
~ 50' TEMPORAR Y
N ~ CONSTRUCTION
N '~? EASEMENT
rn S89'S7'40"E
°o ~ 15.00'
~ P.0.6. PERMAN ENT
- -l EASEMENT "B"
'
'
"
° S89
S7
40
E
~ 35.00'
50'
10.00 S00'02'20"W
~ ~ 50.00'
10.00 EASEMENT "8"
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3
0
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0
0
0
ZN89'57'40"W
35.00'
N89'S7'40"W
15.00'
N 00'02'20"E
50.00'
75'
N
SOUTH LINE OF 50.00'
N W 1 /4 OF N E 1 /4
S00'02'20"W 50.00'
Do
co
3
>;
0
cV
(V
0
0
0
50'
50' TEMPORARY ~'~
CONSTRUCTION ~ o
EASEMENT L `~'
S89'57'40"E ~
r'
NORTH
GRAPHIC SCALE
0 100 200
1 "=100'
DRAWING MAY HAVE BEEN REDUCED
SW 1/4 OF NE 1/4
SEC. 17, T89N, R2E
PROPRIETOR: MOTOR CITY LLC
PREPARED FOR: CITY OF DUBUQUE
DATE PREPARED: OCTOBER 8, 2008
P.O.B. PERMANENT
EASEMENT "D"
L1~ S89'45'36"
J 210.47'
EAST LINE-
OF SW 1 /4
90' OF NE 1 /4
NORTH LINE -
OF SECTION 17
NECORNWI/4NE1/4
SECTION 17, T89N, R2E
5/8" IRON ROD W/ CAP N0. 11306
NOTE
THE BEARINGS SHOWN ON THIS
PLAT ARE BASED ON THE RECORD
BEARING OF N89'20'31"E ALONG
THE NORTH LINE OF THE NW 1/4
OF THE NE 1 /4 OF SECTION 17.
N E 1 /4 OF N E 1 /4
SEC. 17, T89N, R2E
LEGEND
LOT LINE
® PERMANENT EASEMENT
- - - - TEMPORARY CONSTRUCTION
EASEMENT
- ~ ~ - ~ ~ - EXISTING EASEMENT
( ) RECORD INFORMATION
P.O.B. POINT OF BEGINNING
o SET 5/8" IRON ROD W/
PLASTIC CAP N0. 11306
FOUND 1 /2" IRON ROD W/
~ PLASTIC CAP N0. 14417
~ FOUND SECTION CORNER
EXISTING 40' WIDE PIPELINE o~
EASEMENT BOOK 62, PAGE 440 ~
~-
c~v 40' ;
a
C~`
~'
NE COR SW 1 /4 NE 1 /4
SECTION 17, T89N, R2E
AND NW COR LOT 2
1 /2" IRON ROD W/ CAP N0. 14417
EXISTING 40' WIDE
PIPELINE EASEMENT
BOOK 62, PAGE 437 LOT 2,
ASBURY
P.O.B. PERMANENT PLAZA N0. 3
EASEMENT F
S88'36'46"E
123.68' C3
O
O)
T
\\\\~~~1111iii111N,,,i I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS IIW ENGINEERS &
``~~~``~\ ``+O„w,~ ~ /,//,,,,~~~ TP}RiATARAM AYDUL ~UCENSED LAND SURVEYOR UNDERUTHE LAWS OFD SURVEYORS, P.C.
\\ * ``~ ~~ * ~ THE STATE OF IOWA. INTEGRITY. EXPERTISE. SOLUTIONS.
DUBUQUE, IA HAZEL GREEN. WI
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~ LS 11306 ~°. ` `{~ ~~[~Y/ (J DRAWN ARC PLAT NO. 25-IA-08
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CHECKED WAC PROJ. NO. 06131-10
~'i,~`rF ~''~~~~+++`~~ J~~~`~ LICENSE NO. 11306 MY LICENSE RENEWAL DATE IS 12/31/2009
~'~''~~~„~~A'Nlo"`S`~~``~ 1 THROUGH 10 DATE 10-08-08 SHEET 1 of 10
PAGES OR SHEETS COVERED BY THIS SEAL P: \06\131\131-02\06131-02\DWG\EASEMENT2
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SEE SHEET 2
EXHIBIT A
PLAT OF EASEM EN T
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T89N, R2E
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210.47'
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PART OF NW 1 /4 OF NE 1 /4 SECTION 17; SW 1 /4 OF
NE 1 /4 SECTION 17; LOT 2, ASBURY PLAZA N0. 3, IN
THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
NE 1 /4 OF NE 1 /4 SEC. 17, T89N, R2E NORTH
EXISTING 40' WIDE PIPELINE o GRAPHIC SCALE
EASEMENT BOOK 62, PAGE 440 ~ 0 100 200
~~NW COR LOT 2 AND
~ NE COR SW 1/4 NE 1/4
~ ~ SECTION 17, T89N, R2E
1/2" IRON ROD W/ CAP N0. 14417
c~v 40' ~ LOT 2,
EXISTING 40' WIDE ASBURY
3 PIPELINE EASEMENT PLAZA N0. 3
BOOK 62, PAGE 437
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o ~ P.0.6. PERMANENT
°o i EASEMENT "E" PERMANENT
S88'36'46"E EASEMENT
123.68' C3 N88'15'10"E 441.68'
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~ N88'36'46"W C4 S88'15'10"w 441 .68'
SW 1 /4 OF
NE 1/4 SEC. 17, 123.68'
~ LINE BEARING DISTANCE
T89N, R2E
~ L1 S89'45'36"W 96.28'
L2 N13'26'28"W 123.22'
L3 S00'02'20"W 26.76'
WEST LINE L4 S00'01'37"W 90.97'
OF LOT 2 L5 N13'26'28"W 26.93'
L6 S52'21'21 "E 62.14'
I L7 N33'06'36"W 22.44'
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CURVE LENGTH RADIUS DELTA CHORD
C1 392.70' 253.41' 88'47'16" S44'13'08"E 354.57'
IIW ENGIN
SURVEYO EERS &
RS, P.C. C1A 355.56' 253.41' 80'23'31" S40'01'16"E 327.10'
nsrEaxlrr. EXPERTTSH. socvnoNS. C1 B 37.13' 253.41' 08'23'45" S84'24'54"E 37.10'
°~°Q°~'" ""~°'~°"~`" C2 532
05' 343.41' 88'46'07" N44'13'43"W 480.41'
4155 PENNSriVAFIIA AVE. DUBUQUE, IA 520D2
VOICE (563)5562464 FAX (563)5567811
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497.15'
343.41'
82'56'44"
N41'19'01"W
454.86'
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DRAWN ARC PLAT N0. 25-IA-08 C26 34.90 343.41 05'49
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CHECKED WAC PROJ. NO. 06131-10 C3 52.24' 955.00' 03'08'03" N89'49'12"E 52.23'
DATE 10-08-08 SHEET 2 of 10 C4 57.16' 1045.00' 03'08'03" S89'49'12"W 57.16'
P:\06\131\131-02\06131-02\DWG\EASEMENT2
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Sheet 3 of 10
PERMANENT EASEMENT
MOTOR CITY LLC
TO
CITY OF DUBUQUE, IOWA
PERMANENT EASEMENT "A" DESCRIPTION
A permanent easement over, under, and across that part of the East Half of the Northwest
Quarter of the Northeast Quarter of Section 17, Township 89 North, Range 2 East of the
Fifth Principal Meridian in the City of Dubuque, Dubuque County, Iowa, described as
follows:
Commencing at the northwest corner of the Northwest Quarter of the Northeast
Quarter of said Section 17;
Thence North 89 degrees 20 minutes 31 seconds East (record bearing) along the
north line of said Northwest Quarter of the Northeast Quarter a distance of
1,006.36 feet;
Thence South 00 degrees 02 minutes 20 seconds West 1,167.88 feet to the point
of beginning;
Thence North 89 degrees 57 minutes 40 seconds West 35.00 feet;
Thence South 00 degrees 02 minutes 20 seconds West 50.00 feet;
Thence South 89 degrees 57 minutes 40 seconds East 50.00 feet;
Thence North 00 degrees 02 minutes 20 seconds East 50.00 feet;
Thence North 89 degrees 57 minutes 40 seconds West 15.00 feet to the point of
beginning, containing 2,500 square feet more or less.
The above described easement is for the purpose of constructing, installing, repairing,
and maintaining sanitary sewer lift stations, force main, storm sewer, water main, streets,
and public utilities.
TOGETHER WITH a 50 foot wide temporary construction easement adjoining the
northerly, westerly, and southerly sides of said Easement "A" as shown on Sheet 1 of 10
hereof.
AND
Sheet 4 of 10
PERMANENT EASEMENT
MOTOR CITY LLC
TO
CITY OF DUBUQUE, IOWA
PERMANENT EASEMENT "B" DESCRIPTION
A permanent easement over, under, and across that part of the East Half of the Northwest
Quarter of the Northeast Quarter of Section 17, Township 89 North, Range 2 East of the
Fifth Principal Meridian in the City of Dubuque, Dubuque County, Iowa, described as
follows:
Commencing at the northeast corner of the Northwest Quarter of the Northeast
Quarter of said Section 17;
Thence South 89 degrees 20 minutes 31 seconds West (record bearing) along the
north line of said Northwest Quarter of the Northeast Quarter a distance of 226.11
feet;
Thence South 00 degrees 02 minutes 20 seconds West 191.56 feet to the point of
beginning;
Thence South 89 degrees 57 minutes 40 seconds East 35.00 feet;
Thence South 00 degrees 02 minutes 20 seconds West 50.00 feet;
Thence North 89 degrees 57 minutes 40 seconds West 50.00 feet;
Thence North 00 degrees 02 minutes 20 seconds East 50.00 feet;
Thence South 89 degrees 57 minutes 40 seconds East 15.00 feet to the point of
beginning, containing 2,500 square feet more or less.
The above described easement is for the purpose of constructing, installing, repairing,
and maintaining sanitary sewer lift stations, force main, storm sewer, water main, streets,
and public utilities.
TOGETHER WITH a 50 foot wide temporary construction easement adjoining the
northerly, easterly and southerly sides of said Easement "B" as shown on Sheet 1 of 10
hereof.
AND
Sheet 5 of 10
PERMANENT EASEMENT
MOTOR CITY LLC
TO
CITY OF DUBUQUE, IOWA
PERMANENT EASEMENT "C" DESCRIPTION
A permanent easement over, under and across that part of the East Half of the Northwest
Quarter of the Northeast Quarter of Section 17, Township 89 North, Range 2 East of the
Fifth Principal Meridian in the City of Dubuque, Dubuque County, Iowa, described as
follows:
Commencing at the northeast corner of the Northwest Quarter of the Northeast
Quarter of said Section 17;
Thence South 89 degrees 20 minutes 31 seconds West (record bearing) along the
north line of said Northwest Quarter of the Northeast Quarter a distance of 226.11
feet to the point of beginning;
Thence South 00 degrees 02 minutes 20 seconds West 191.56 feet;
Thence North 89 degrees 57 minutes 40 seconds West 15.00 feet;
Thence South 00 degrees 02 minutes 20 seconds West 50.00 feet;
Thence South 89 degrees 57 minutes 40 seconds East 15.00 feet;
Thence South 00 degrees 02 minutes 20 seconds West 1,096.77 feet to the south
line of said Northwest Quarter of the Northeast Quarter;
Thence South 89 degrees 45 minutes 36 seconds West along said south line a
distance of 96.28 feet;
Thence North 13 degrees 26 minutes 28 seconds West 123.22 feet;
Thence South 89 degrees 57 minutes 40 seconds East 50.00 feet;
Thence North 00 degrees 02 minutes 20 seconds East 50.00 feet;
Thence North 89 degrees 57 minutes 40 seconds West 15.00 feet;
Thence North 00 degrees 02 minutes 20 seconds East 1,167.88 feet to the north
line of said Northwest Quarter of the Northeast Quarter;
Thence North 89 degrees 20 minutes 31 seconds East along said north line 90.01
feet to the point of beginning, containing 2.79 acres more or less.
The above described easement is for the purpose of constructing, installing, repairing,
and maintaining sanitary sewer lift stations, force main, storm sewer, water main, streets,
and public utilities.
AND
Sheet 6 of 10
PERMANENT EASEMENT
MOTOR CITY LLC
TO
CITY OF DUBUQUE, IOWA
PERMANENT EASEMENT "D" DESCRIPTION
A permanent easement over, under and across that part of the Southwest Quarter of the
Northeast Quarter of Section 17, Township 89 North, Range 2 East of the Fifth Principal
Meridian in the City of Dubuque, Dubuque County, Iowa, described as follows:
Commencing at the northeast corner of the Southwest Quarter of the Northeast
Quarter of said Section 17;
Thence South 89 degrees 45 minutes 36 seconds West along the north line of said
Southwest Quarter of the Northeast Quarter a distance of 210.47 feet to the point
of beginning;
Thence South 00 degrees 02 minutes 20 seconds West 26.76 feet;
Thence southeasterly 355.56 feet along a curve concave to the northeast, having a
radius of 253.41 feet, a central angle of 80 degrees 23 minutes 31 seconds, a
chord bearing of South 40 degrees O1 minutes 16 seconds East, and a chord
distance of 327.10 feet to the east line of said Southwest Quarter of the Northeast
Quarter;
Thence South 00 degrees O1 minutes 37 seconds West along said east line 90.97
feet;
Thence northwesterly 497.15 feet along a curve concave to the northeast, having a
radius of 343.41 feet, a central angle of 82 degrees 56 minutes 44 seconds, a
chord bearing of North 41 degrees 19 minutes O l seconds West, and a chord
distance of 454.86 feet;
Thence North 13 degrees 26 minutes 28 seconds West 26.93 feet to north line of
said Southwest Quarter of the Northeast Quarter;
Thence North 89 degrees 45 minutes 36 seconds East along said north line a
distance of 96.28 feet to the point of beginning, containing 0.94 acres more or
less.
The above described easement is for the purpose of constructing, installing, repairing,
and maintaining sanitary sewer lift stations, force main, storm sewer, water main, streets,
and public utilities.
AND
Sheet 7 of 10
PERMANENT EASEMENT
MOTOR CITY LLC
TO
CITY OF DUBUQUE, IOWA
PERMANENT EASEMENT "E" DESCRIPTION
A permanent easement over, under and across that part of Lot 2, Asbury Plaza No. 3 in
the City of Dubuque, Iowa, described as follows:
Commencing at the northwest corner of said Lot 2;
Thence South 00 degrees O1 minutes 37 seconds West along the west line of said
Lot 2 a distance of 278.14 feet to the point of beginning;
Thence easterly 37.13 feet along a curve concave to the north, having a radius of
253.41 feet, a central angle of 08 degrees 23 minutes 45 seconds, a chord bearing
of South 84 degrees 24 minutes 54 seconds East, and a chord distance of 37.10
feet;
Thence South 88 degrees 36 minutes 46 seconds East 123.68 feet;
Thence easterly 52.24 feet along a curve concave to the north, having a radius of
955.00 feet, a central angle of 03 degrees 08 minutes 03 seconds, a chord bearing
of North 89 degrees 49 minutes 12 seconds East, and a chord distance of 52.23
feet;
Thence North 88 degrees 15 minutes 10 seconds East 441.68 feet;
Thence southeasterly 335.45 feet along a curve concave to the south, having a
radius of 420.00 feet, a central angle of 45 degrees 45 minutes 41 seconds, a
chord bearing of South 68 degrees 51 minutes 59 seconds East, and a chord
distance of 326.60 feet;
Thence South 45 degrees 59 minutes 09 seconds East 256.84 feet;
Thence South 52 degrees 21 minutes 21 seconds East 62.14 feet to the
southeasterly line of said Lot 2;
Thence South 65 degrees 49 minutes 28 seconds West along said southeasterly
line a distance of 109.75 feet;
Thence North 33 degrees 06 minutes 36 seconds West 22.44 feet;
Thence North 45 degrees 59 minutes 09 seconds West 255.94 feet;
Thence northwesterly 263.57 feet along a curve concave to the south, having a
radius of 330.00 feet, a central angle of 45 degrees 45 minutes 41 seconds, a
chord bearing of North 68 degrees 51 minutes 59 seconds West, and a chord
distance of 256.62 feet;
Thence South 88 degrees 15 minutes 10 seconds West 441.68 feet;
Thence westerly 57.16 feet along a curve concave to the north, having a radius of
1045.00 feet, a central angle of 03 degrees 08 minutes 03 seconds, a chord
bearing of South 89 degrees 49 minutes 12 seconds West, and a chord distance of
57.16 feet;
Thence North 88 degrees 36 minutes 46 seconds West 123.68 feet;
Sheet 8 of 10
Thence westerly 34.90 feet along a curve concave to the north, having a radius of
343.41 feet, a central angle of OS degrees 49 minutes 23 seconds, a chord bearing
of North 85 degrees 42 minutes OS seconds West, and a chord distance of 34.89
feet to the west line of said Lot 2;
Thence North 00 degrees O1 minutes 37 seconds East along said west line a
distance of 90.97 feet to the point of beginning, containing 2.60 acres more or
less.
The above described easement is for the purpose of constructing, installing, repairing,
and maintaining sanitary sewer lift stations, force main, storm sewer, water main, streets,
and public utilities.
Page 9 of 10
OWNER'S CONSENT
State of
County of
)ss:
20
The foregoing Plat of Easement for permanent easements across the East Half of the Northwest Quarter of
the Northeast Quarter of Section 17, Township 89 North, Range 2 East of the Fifth Principal Meridian;
the Southwest Quarter of the Northeast Quarter of Section 17, Township 89 North, Range 2 East of the
Fifth Principal Meridian; and Lot 2 of Asbury Plaza No. 3, all in the City of Dubuque, Dubuque County,
Iowa, is made with the free consent and in accordance with the desires of the undersigned owners and
proprietors of said real estate. We hereby dedicate said easements shown on said plat to the public.
MOTOR CITY, LLC
By:
State of
County of
)ss:
On this day of 20 before me,
a Notary Public in and for said county, personally appeared
of Motor
City, LLC, to me personally known, who being by me duly affirmed, did say that the said
acknowledged the
execution of said instrument to be his voluntary act and deed voluntarily executed as said officers of
Motor City, LLC
Notary Public in and for State of
My Commission Expires
Page 10 of 10
COUNTY ASSESSOR
Dubuque, Iowa
The foregoing plat was entered of record in the office of the Dubuque County Assessor this
day of , 20_.
20
County Assessor of Dubuque County, Iowa
COUNTY AUDITOR
Dubuque, Iowa
The foregoing plat was entered of record in the office of the Dubuque County Auditor this
day of , 20_.
County Auditor of Dubuque County, Iowa
COUNTY RECORDER
20
Dubuque, Iowa , 20-
The foregoing plat was entered of record in the office of the Dubuque County Recorder this
day of , 20-•
County Recorder of Dubuque County, Iowa