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Accepting Grant of Easement for Storm Drain Utility_ from Runde re Cummins Street Retaining Wall Project Copyrighted May 7, 2018 City of Dubuque Consent Items # 20. ITEM TITLE: Accepting Grantof EasementforStorm Drain Utility- Cummins Street Retaining Wall Project SUMMARY: City Manager recommending acceptance of a Grant of Easement from Dennis and Tony Runde for Storm Drain Utility across part of Lot 19-3 of Mineral Lot 90 and Part of Mineral Lot 87, and Lot 1-5-1 of Mineral Lot 89; and Lot 2- 1-6 in Block 2 of Hamblin Subdivision in the City of Dubuque, as part of the Cummins Street Retaining Wall Project. RESOLUTION Accepting a Grant of Easement for Storm Drain Utility Across Part of Lot 19-3 of Mineral Lot 90 and part of Mineral Lot 87, and Lot 1-5-1 of Mineral Lot 89; and Lot 2-1-6 in Block 2 of Hamblin Subdivision in the City of Dubuque, lowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Runde Storm Drain Utility Acceptance of Grant of City Manager Memo Easement-NNM Memo Staff Memo Staff Memo Resolution Resolutions Grant of Easement Supporting Documentation ExhibitA Supporting Documentation Area Map Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of Grant of Easement for Storm Drain Utility from Dennis and Tony Runde over part of Lot 19-3 of Mineral Lot 90 and Part of Mineral Lot 87, and Lot 1-5-1 of Mineral Lot 89; and Lot 2-1-6 in Block 2 of Hamblin Subdivision in the City of Dubuque — Cummins Street Retaining Wall Project DATE: May 2, 2018 City Engineer Gus Psihoyos recommends City Council acceptance of a Grant of Easement for Storm Drain Utility across part of Lot 19-3 of Mineral Lot 90 and Part of Mineral Lot 87, and Lot 1-5-1 of Mineral Lot 89; and Lot 2-1-6 in Block 2 of Hamblin Subdivision in the City of Dubuque, as part of the Cummins Street Retaining Wall Project. The property is located on the south side of Cummins Street just west of Loras Boulevard. I concur with the recommendation and respectfully request Mayor and City Council approval. �� Mic ael C. Van Milligen �� MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF Dubuque � A�•A�eria 6iry UB E �� ► I Masterpiece on the Mississippi Z�►'�Z°'Z Z�L3�1��7 TO: Michael C. Van Milligen, City Mana�er.-----� '_ �•� FROM: Gus Psihoyos, City Engineer �._. �, ;��'� � SUBJECT: Acceptance of Grant of Easement for Storm Drain Utility from Dennis and Tony Runde over part Lot 19-3 of Mineral Lot 90 and Part of Mineral Lot 87, and Lot 1-5-1 of Mineral Lot 89; and Lot 2-1-6 in Block 2 of Hamblin Subdivision in the City of Dubuque— Cummins Street Retaining Wall Project DATE: April 17, 2018 INTRODUCTION The purpose of this memorandum is to seek acceptance of a Grant of Easement for Storm Drain Utility across part of Lot 19-3 of Mineral Lot 90 and Part of Mineral Lot 87, and Lot 1-5-1 of Mineral Lot 89; and Lot 2-1-6 in Block 2 of Hamblin Subdivision in the City of Dubuque as part of the Cummins Street Retaining Wall Project. This property is located on the south side of Cummins Street just west of Loras Boulevard. DISCUSSION Because of the project scope and limited public right of way, it was necessary to design some retaining wall drain tile improvements on the adjacent private properties. Permanent utility easements are being sought so these drain tile improvements can be installed and maintained on the private property. Because of the proximity of the retaining wall improvements to the existing right of way line, it was also necessary to include a temporary construction easement to allow the contractor to construct the retaining wall. The property is described as part of Lot 19-3 of Mineral Lot 90 and Part of Mineral Lot 87, and Lot 1-5-1 of Mineral Lot 89; and Lot 2-1-6 in Block 2 of Hamblin Subdivision in the City of Dubuque, includes residential building, and is owned by Dennis and Tony Runde. The City has negotiated with the owners for an easement to facilitate the construction of the retaining wall and on-going maintenance of the drain tile utility. The City of Dubuque will own and maintain the retaining wall and drain tile utility. RECOMMENDATION I recommend accepting the Grant of Easement for Drain Tile Utility across part of Lot 19-3 of Mineral Lot 90 and Part of Mineral Lot 87, and Lot 1-5-1 of Mineral Lot 89; and Lot 2-1-6 in Block 2 of Hamblin Subdivision in the City of Dubuque, 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 Drain Tile Utility from Dennis and Tony Runde through the adoption of the enclosed resolution. THECTTYOF AR EA MA P ^ ` DUB E DAGIS ,� o�e�Q�E�aER��aAP��,��aMa.�ovs.,.E� Masterpiece on the Mississippi j ` ` � � u,,. <, f - "" - ,� / .• � . �. t��,j.. '" _ ;�. � �' "� `�_.` a. . _ � .� J� �, '�a �.� , *'S';� .�� c f�`� ,7� � � �"'r- ^�'�,� : �1.(� t'" �' +� . � , . � , .. �' �"x _ • �•.... / �-'` i 4 . � ! � ,' � „ . , . � y� � \ v� �/� /A � �E. � ��i�� 'Y4v��ii w . n. .,. 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It Is understood that,whlle me ciev oF o�e�q�e a�d pa�eidpaei�g age�d��ewzed me City of Dubuque mo��,��e�ca�da��ce��fo�mac�o�a�auabie,oA��sa�d 1 inch = 90 feet EngineeringDivision ie�s�,vvue�s do�oe wa��a�e me a��a o��,Re�a of ine mr��maeio�o�dar��o�eai�ed ne�em rne ciev a�d PamdPaei�g 50 West 13th St�eet age��i�snau�oe ee neia uaeie Fo�a�v ai�e�e,i�ai�e�e,i��iae�eai, Dubuque,lowa 52001 ��a�e�eiai,v��ieroe,o�svedai aamae�,wneme�Fo��eeaeie o� ��eeaeie,a��s��g o�e oF me a�eno�izea o��a�eno�izea�se oF 90 45 0 90 F22t Phone:(563)589-4270 mis daea o�me i�aewev eo��mis daea o�o�e oF a�v e�ead,oF wa��a�ry wnarsoe�e� Fax.(563)589-4205 IIII 01 11 of 11 lIllul Doc ID: 008816590005 Type GEN Kind: EASEMENT Recorded: 05/08/2018 at 01:44:38 PM Fee Amt: $27.00 Page 1 of 5 Dubuque County Iowa John Murphy Recorder F11e2018-00004918 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270 GRANT OF EASEMENT FOR STORM DRAIN UTILITY For and in consideration of the sum of Two Hundred Eighty Seven and 90/100's Dollars ($287.90) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Dennis L. Runde and Tony John Runde 148 Highway 35 Hazel Green, WI of Grant County, State of Wisconsin, for themselves, their heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, a municipal corporation, its agents and contractors, from the date hereof, rights of ways and easements through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Part of Lot 19-3 of Mineral Lot 90 and Part of Mineral Lot 87, and Lot 1-5-1 of Mineral Lot 89; and Lot 2-1-6 in Block 2 of Hamblin Subdivision in the City of Dubuque, County of Dubuque, Iowa as shown on Exhibit A attached hereto and by reference made a part hereof. Said easement shall be as shown on the attached Exhibit A for the purpose of constructing and maintaining storm drains or tiling and other appurtenances, along with the right, privilege and authority to construct, reconstruct, maintain, operate, repair, patrol and remove said improvements. 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. 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 Council. It is understood and agreed that the Grantee herein shall restore the disturbed area due to the construction, maintenance or repair of said storm drains and tiling and other appurtenances. Grantor shall not erect any structure over or within the easement area without obtaining the prior written approval of the City Engineer. Grantor shall not change the grade, elevation, and contour or perform any construction or excavation that will diminish the lateral support or integrity of said improvements 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 or repair said storm drains or tiling thereon or therein. Dated at Dubuque, Iowa this / TN day of F12,./ L , 2018. By: NOTARY PUBLIC STATE OF IOWA ) COUNTY OF DUBUQUE ) On this ant day of Agat , 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared P /St7 4iYi' c/Ar2it 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 instrument. Notary Seal) jCtt MMC, RUSSELL N KIEFFER Commission Number 778626 My Commission Expires -24.4, 14 ®) (sign in blue ink) /eiss LsLt.kI /L Z1i'L (print/type name) Notary Public in and for State of Iowa CAPACITY CLAIMED BY SIGNER K INDIVIDUAL CORPORATE OFFICER(S) (Title) (CORP SEAL) AFFIXED NO SEAL PROCURED PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING Company name here TEMPORARY CONSTRUCTION EASEMENT 210.01 S.F. 12" DIAMETER TREE STUMP 5' WIDE PERMANENT STORM DRAIN EASEMENT 76.85 S.F. TEMPORARY CONSTRUCTION EASEMENT 744.60 S.F. 5' WIDE PERMANENT STORM DRAIN EASEMENT 73.14 S.F. 5� ♦,oV 0 ^60. X04 v6 O i'r'2 tl‘P4�y♦ 4. wO�Z♦.0 CoV 10 DESIGN TEAM: JWD - CRG 4" PERORATED DRAIN TILE OUTLET WITH ANTI -RODENT CAP 1 1 PROPERTY LINE (TYPICAL) CITY OF DUBUQUE - ENGINEERING DEPT ♦,O v.p ^. Oet te4It 69‘' OF 01 N.69 0 n�C DUBUQUE COUNTY PROJECT NUMBER: 3001029 1 0 5' 10' SCALE 1" = 10' FEET "EXHIBIT A" STORM DRAIN EASEMENT AND TEMP CONSTRUCTION EASEMENT 20' I 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. 124-18 ACCEPTING A GRANT OF EASEMENT FOR STORM DRAIN UTILITY ACROSS PART OF LOT 19-3 OF MINERAL LOT 90 AND PART OF MINERAL LOT 87, AND LOT 1-5- 1 OF MINERAL LOT 89; AND LOT 2-1-6 IN BLOCK 2 OF HAMBLIN SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Whereas, Dennis L. Runde and Tony John Runde have executed a Grant of Easement for Storm Drain Utility across Part of Lot 19-3 of Mineral Lot 90 and Part of Mineral Lot 87, and Lot 1-5-1 of Mineral Lot 89; and Lot 2-1-6 in Block 2 of Hamblin Subdivision 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 Easement for Storm Drain Utility across Part of Lot 19-3 of Mineral Lot 90 and Part of Mineral Lot 87, and Lot 1-5-1 of Mineral Lot 89; and Lot 2-1-6 in Block 2 of Hamblin Subdivision in the City of Dubuque, Dubuque County, Iowa from Dennis L. Runde and Tony John Runde, 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 7th day of May 2018. Attest: Kev[fi . Firnstahl, C C, City Clerk Roy D. Buol, Mayor CERTIFICATE of the CITY CLERK STATE OF IOWA ) 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. 124-18 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 8th day of May, 2018. Key "n S. Firnstahl, CMC, City Clerk