Accepting Grant of Easement for Storm Drain Utility_ from Loras College Copyrighted
May 7, 2018
City of Dubuque Consent Items # 21.
ITEM TITLE: Acceptance of Grant of Easement from Loras College for
Storm Drain Utility
SUMMARY: City Manager recommending acceptance of a Grant of
Easement for Storm Drain Utility across part of Lot 2-2-2-
17-3 of Mineral Lot 90 and Lot 2-2-18-3 of Mineral Lot 90 in
the City of Dubuque as part of the Cummins Street
Retaining Wall Project.
RESOUTION Accepting a Grant of Easement for Storm
Dain Utility across part of Lot 2-2-2-17-3 of Mineral Lot 90
and Lot 2-2-18-3 of Mineral Lot 90 in the City of Dubuque
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Acceptance of Grant of Easement for Storm Drain City Manager Memo
Utility-NNM Memo
Staff Memo Staff Memo
Resolution Resolutions
Grant of Easement Supporting Documentation
ExhibitA Supporting Documentation
Area Map Supporting Documentation
THE CITY OF Dubuque
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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 Loras
College over part of Lot 2-2-2-17-3 of Mineral Lot 90 and Lot 2-2-18-3 of
Mineral Lot 90 in the City of Dubuque — Cummins Street Retaining Wall
Project
DATE: April 30, 2018
City Engineer Gus Psihoyos recommends City Council acceptance of a Grant of
Easement for Storm Drain Utility across part of Lot 2-2-2-17-3 of Mineral Lot 90 and Lot
2-2-18-3 of Mineral Lot 90 in the City of Dubuque as part of the Cummins Street
Retaining Wall Project. This property is located at the southeast quadrant of Cummins
Street and 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
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TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer � `�' ~r�
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SUBJECT: Acceptance of Grant of Easement for Storm Drain Utility from Loras College over part
Lot 2-2-2-17-3 of Mineral Lot 90 and Lot 2-2-18-3 of Mineral Lot 90 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 2-2-2-17-3 of Mineral Lot 90 and Lot 2-2-18-3 of Mineral Lot 90 in the City of
Dubuque as part of the Cummins Street Retaining Wail Project. This property is located at the
southeast quadrant of Cummins St. and Loras Blvd.
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 2-2-2-17-3 of Mineral Lot 90 and Lot 2-2-18-3 of Mineral Lot 90,
includes residential building, and is owned by Loras College. 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 2-2-2-17-3 of
Mineral Lot 90 and Lot 2-2-18-3 of Mineral Lot 90 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 Loras
College through the adoption of the enclosed resolution.
Prepared by Nate Kieffer, PLS
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Doc ID: 008816580005 Type GEN
Kind: EASEMENT
Recorded: 05/08/2018 at 01:44:18 PM
Fee Amt: $27.00 Page 1 of 5
Dubuque County Iowa
John Murphy Recorder
File2018-00004917
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 Four Hundred Fifty One and 54/100's
Dollars ($451.54) and other good and valuable consideration, the receipt whereof
is hereby acknowledged,
Loras College
1450 Alta Vista Street
Dubuque, IA 52001
of Dubuque County, State of Iowa, 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 2-2-2-17-3 of Mineral Lot 90 and Lot 2-2-18-3 of Mineral Lot 90
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.
Of
2�0 (A-LiCAIQv
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 (. day of A47. , 2018.
By:
LORAS COLLEGE
Cleeee.,.,d,
ames E. Collins, President
NOTARY PUBLIC
STATE OF IOWA )
COUNTY OF DUBUQUE )
On this / 1_49 day of April , 2018, before me, the
undersigned, a Notary Public in and for said State, personally
appeared Jam QS Q o t t i ll S 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
the instrument the person(s) acted, executed the
N,
signature(s) on
instrument.
Notary Seal)
CARRIE JONES
Commission Number 765918
My Comm. Exp. ra • is.I$
(sign in blue ink)
(print/type name)
Notary Public in and for State of Iowa
CAPACITY CLAIMED BY SIGNER
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
s
s— — s
EXISTING 8" VCP SANITARY MAIN CUMMINS ST.
(50' R.O.W.)
s s s s > s
EXISTING 4" WATER MAIN
NEW CURB & GUTTER
s s
0
0
PROPOSED
RETAINING
WALL
STREET R.O.W. LINE
FACE OF EXISTING RESIDENCE
0
0
28.21'
28.16'
TEMPORARY
CONSTRUCTION
EASEMENT 210.01 S.F.
12" DIAMETER
TREE STUMP
5° WIDE PERMANENT
STORM DRAIN
EASEMENT 73.14 S.F.
04 X360.
61 \VI
P
ttk‘�p4� $9 J��`�al
V010G
4‘3
1
5' WIDE PERMANENT
STORM DRAIN
EASEMENT 76.85 S.F.
4" PERORATED DRAIN TILE OUTLET
WITH ANTI -RODENT CAP
1
1
1
I
1
PROPERTY LINE (TYPICAL)
DESIGN TEAM: JWD - CRG !CITY OF DUBUQUE - ENGINEERING DEPT
so tfr
(51o3 OF
90
19.
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TEMPORARY
CONSTRUCTION
EASEMENT
744.60 S.F.
I I
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1
"EXHIBIT A"
DUBUQUE COUNTY PROJECT NUMBER: 3001029 STORM DRAIN EASEMENT AND TEMP CONSTRUCTION EASEMENT I SHEET:
REV.
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. 125-18
ACCEPTING A GRANT OF EASEMENT FOR STORM DRAIN UTILITY ACROSS PART
OF LOT 2-2-2-17-3 OF MINERAL LOT 90 AND LOT 2-2-18-3 OF MINERAL LOT 90 IN
THE CITY OF DUBUQUE, IOWA
Whereas, Loras College has executed a Grant of Easement for Storm Drain Utility
across Part of Lot 2-2-2-17-3 of Mineral Lot 90 and Lot 2-2-18-3 of Mineral Lot 90 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 2-2-2-
17-3 of Mineral Lot 90 and Lot 2-2-18-3 of Mineral Lot 90 in the City of Dubuque, Dubuque
County, Iowa from Loras College, 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:
Roy D. Buol, Mayor
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. 125-18 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.
Ke in S. Firn tahl, CMC, City Clerk