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Acceptance of Grant of Easement for Storm Drain Utility_Wernimont_English Ridge Lot 89 Copyrighted June 18, 2018 City of Dubuque Consent Items # 36. ITEM TITLE: Acceptance of Grant of Easement for Storm Drain Utility from Wernimont SUMMARY: City Manager recommending acceptance of a Grant of EasementforStorm Drain Utilityfrom Brianna L. Wernimont and Anthony J. Fury across part of Lot 89 in English Ridge Subdivision No. 7 in the City of Dubuque as part of a recent water main extension project on English Mill Road. RESOLUTION Accepting a Grant of Easement for Storm Drain Utility across part of Lot 89 in English Ridge Subdivision No. 7 in the City of Dubuque, lowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Wernimont-Fury Storm Drain Utility Easement-NNM City Manager Memo Memo Staff Memo Staff Memo Resolution Resolutions Grant of Easement Supporting Documentation 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 Brianna L. Wernimont and Anthony J. Fury over Part of Lot 89 in English Ridge Subdivision No. 7 in the City of Dubuque DATE: June 12, 2018 City Engineer Gus Psihoyos recommends City Council acceptance of a Grant of Easement for Storm Drain Utility from Brianna L. Wernimont and Anthony J. Fury across part of Lot 89 in English Ridge Subdivision No. 7 in the City of Dubuque as part of a recent water main extension project on English Mill Road. 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 � DuB E ��`� r"�' j� �� Masterpiece on the Mississippi z°°''Zo'2 Z��;�ZO�� TO: Michael C. Van Milligen: City Manage � � FROM: Gus Psihoyos, City Engineer �� ._ , SUBJECT: Acceptance of Grant of Easement for Storm Drain Utility from Brianna L. Wernimont and Anthony J. Fury over Part of Lot 89 in English Ridge Subdivision No. 7 in the City of Dubuque DATE: June 11, 2018 INTRODUCTION The purpose of this memorandum is to seek acceptance of a Grant of Easement for Storm Drain Utility across part of Lot 89 in English Ridge Subdivision No. 7 in the City of Dubuque as part of a recent water main extension project on English Mill Road. This property is located on Stone Valley Drive just west of English Mill Road and is adjacent to the English Mill Pumping Station. DISCUSSION The City installed over 5,000 feet of 12" water main in the ditch on English Mill Road. The water main has a somewhat porous aggregate bedding. Groundwater retarders were installed through the steeper sections of the nearly 200 feet elevation rise throughout the length of the installation to reduce the effect of groundwater movement through the bedding. The City installed a tile line to drain water out of the bedding during and shortly after rain events, the tile currently discharges behind the English Mill Road pumping facility at grade. An unexpected consequence of installing this water main and associated tile line is that it flows almost continuously whether it is raining or not. As this is the case, the water coming out of the tile drains onto the neighboring downstream properties. This condition is unacceptable and must be remedied. The City has secured easements from the downstream property owners to install a 12" tile line that will be extended approximately 300 feet to a point where the tile can outfall this subject groundwater directly into a storm water conveyance system in the English Ridge subdivision. RECOMMENDATION I recommend accepting the Grant of Easement for Drain Tile Utility across part of Lot 89 in English Ridge Subdivision No. 7 in the City of Dubuque, as shown on the exhibits attached to the Grant of Easement. ,H�`I�Y"' AREA MAP �DAG�I.S �� I3uB E ,� IV4u[ARFF:�Ca��C inlCf.+�•i0��t�TtM ti1 z=ter��i�a�vn thz.b1i:;i..iE�Zri . `��83$ ` r f 43'6 . v � � _ � r ' � � +i I ( 5�18 / , �,• 1 � � �,\ , . �+ - R�y � 11$3� 1 SraN��qC �4 6616 -�� Fy�R � .* � ' � ��----_. � � C� � 662Ei � � �' W � , �. / � �� 1 _ 52'�� f� ' �� i . � I � j � ' F �+' • ��.� � L.. . _ + ' . � � � � ' � r r _ 'f T�+ � f �r ' � • � � t� _ • - �� j� � -�- r � ,EASEMENT AF'� — x f � �� 91644 I � * _� 1 . a , � �; � � � � , : �. � , �l �� _ . � , . h:. � , -I � �, i . � +fJ l � �-- _ - -_� _.. r � ' � r �. ''�! ... '� ��CE N._=''..'- ,. �� ,. ��e"'��-;,f n:. . . �-� -.-1 - - w D35CLAYMfR .'��„:nr+.m+�'i^.•..:...:r�oileJ •. . . ��.. . �;F�. ••. Niap Prepared by: �- "'��y" . - City of Dubuque . �.�,.�.,:.�:':';e°J��.:,.;�,�•��,.`;�� P,"�::��;;;�.� � '`""'"r'"°" = " � inch = 100 feet �A� Eng:neering Division . ��.`._. ... . . . . , ..r�� V V E 50 4Vest 13th Street .�„�. .� ,y��r �, tl�d PnM,^. :.o:,� �:�n; .�iei�,ueA�, ,.�:::::.�� '•d� Dubuque,lowa 52001 "` - "�'" "°"` ''�e 100 50 0 100 Feet �,:�`e�>�a:,�``� ""`r`•..�r',"�,:�.�...�:_:`,�o;��.� Phone:(563)589-4270 `,.on��:� ,��i�:.u��.,e.....,...,�..a^o��,u�E.�..�o S' Fax:(563)589-4205 .,_...<c..... ..... 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. 185-18 ACCEPTING A GRANT OF EASEMENT FOR STORM DRAIN UTILITY ACROSS PART OF LOT 89 IN ENGLISH RIDGE SUBDIVISION NO. 7 IN THE CITY OF DUBUQUE, IOWA Whereas, Brianna L. Wernimont and Anthony J. Fury have executed a Grant of Easement for Storm Drain Utility across Part of Lot 89 in English Ridge Subdivision No. 7 in the 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 Storm Drain Utility across Part of Lot 89 in English Ridge Subdivision No. 7 in the City of Dubuque, Iowa from. Brianna L. Wernimont and Anthony J. Fury, 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 18th day of Jury, 2078. Attest: Keyfn S.Firnstahl, CMC, City Clerk Presiding Officer 111111111111 11 11 u 11 u 11 11 Doc ID 008840000006 Type GEN Kind: EASEMENT Recorded: 06/22/2018 at 02:05:51 PM Fee Amt: $32.00 Page 1 of 6 Dubuque County Iowa John Murphy Recorder F11e2018-00006921 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 Ten and 00/100's Dollars ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Brianna L. Wernimont and Anthony J. Fury 527 Stone Valley Dr. Dubuque, IA 52003 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 agentsand 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 89 in English Ridge Subdivision No. 7, 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. 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 r day of M , 2018. By: Brianna L. Wernimont By: Anthony J. Fury NOTARY PUBLIC STATE OF IOWA COUNTY OF DUBUQUE On this - day of Vat , 2018, before me, the undersignecji.a Notary Public in and for said State, personally appeared Kia.41J-6k.. WIAM-40-01,14- 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 e/she/they executed the same in his/her/their authorized cal it ies), and that by his/her/their signature(s) on the instrui 4nt ti ejerson(s) pte, executed the instrument. Notary seal) CI K. KANE Convnission Number 2256 My Comm. Exp. DEC. 6, 20 • - ' L. -type name) Public in and for State of Iowa CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER(S) (rale) (CORP SEAL) AFFIXED NO SEAL PROCURED PARTNER(S) _LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING Company name here NOTARY PUBLIC STATE OF IOWA COUNTY OF DUBUQUE ) On this 9.0\--1.-N day of 11\o4 , 2018, before me, the undersigned, a Notary Pujgic in and for said State, personally appeared fil\A-ANoAl r`-Nrki 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) '(sibrfi in blue ink) A,i c (peint type name) Notary Pubic in and for State of Iowa ? c 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 FOR RECORDER USE Index Legend N O z z 0 v) a wo m o D w >2 ZUIDI— a oz (7 m 0 N 0 0 U Lu O =1J_ D 0)0)00 (n J D c_co oz_D J w c� o ENGLISH RIDGE, LLC CITY OF DUBUQUE w (n w U J a 0 U O w 0_D z 0) 0 _0 0 c 0 0 0 0 J 0 0 m 0 0 0 0) m 0 0' 0 0 (1) EXHIBITA PLAT OF EASEMENT A 10—FOOT PERMANENT DRAINAGE EASEMENT LYING WITHIN LOTS 90, 92, AND F OF ENGLISH RIDGE SUBDIVISION NO. 7 IN THE CITY OF DUBUQUE, 1m,n, DUBUQUE COUNTY, IOWA NORTH GRAPHIC SCALE 0 40 80 1" = 40' DRAWING MAY HAVE BEEN REDUCED Qt m / N A 10 FOOT WIDE EASEMENT WITHIN LOTS 90, 92, AND F OF ENGLISH RIDGE SUBDIVISION NO. 7, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 90; THENCE SOUTH 87 DEGREES 18 MINUTES 03 SECONDS WEST ALONG THE SOUTH LINE OF SAID SUBDIVISION, 179.68 FEET; THENCE NORTH 2 DEGREES 41 MINUTES 57 SECONDS WEST, 10.00 FEET; THENCE NORTH 87 DEGREES 18 MINUTES 03 SECONDS EAST, 179.74 FEET; THENCE NORTH 87 DEGREES 54 MINUTES 03 SECONDS EAST, 3.42 FEET TO THE EAST LINE OF SAID LOT 90; THENCE SOUTH 16 DEGREES 31 MINUTES 46 SECONDS WEST ALONG SAID EAST LINE, 10.55 FEET TO THE POINT OF BEGINNING. CONTAINING 1,814 SQUARE FEET, MORE OR LESS. / N87418'03"E 28.18' \jO' \ �E S 179.74' 109.98' t-N87'54'03"E 3.42' _END OF EXISTING STORM PIPE NO2'41'57"W 10.00' ■ , 1 \,oS s_G S' S 65.59' 114.09' 014.09'; S8718'03"W 179.68' EASEMENT AREA: 1,814 SQ FT LEGEND PROPOSED DRAINAGE EASEMENT LOT/R.O.W. LINE RECORDED AS FOUND 5/8" IRON REBAR W/ORANGE 15487 CAP —S15 -31'46"W' 10.55' • I POINT OF BEGINNING ISE CORNER LOT 90 PLAT OF RECORD: ENGLISH RIDGE SUBDIVISION NO. 7 DOC. NO. 2016-12193 sN4 1$$N SC -C' NOTE THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD AND NOT OF RECORD. 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. FOR IIW, P.C. CRG L. GEI LICENSE NO. 21408 5.25 -la DATE MY UCENSE RENEWAL DATE IS 12/31/2018 THIS SHEET ONLY PAGES OR SHEETS COVERED BY THIS SEAL IIW, P.C. IIW INTEGRITY.EXPERTISE.SOLUTIONS www.iiwengr.com .1300.556.4491 DRAWN JJB ARCHITECTURE CIVIL ENGINEERING CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING LAND SURVEYING MUNICIPAL ENGINEERING STRUCTURAL EN3INEERING TRANSPORTATION ENGINEERING PLAT NO. 14 -IA -18 CHECKED CLG PROJ. NO. 13221 DATE 5-25-18 SHEET 1 of 1 P:\13\221\22101\DRAWINGS\SURVEY\13221 2018 URHIIVHbL CJM I DVUIVUHrt 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. 185-18 ACCEPTING A GRANT OF EASEMENT FOR STORM DRAIN UTILITY ACROSS PART OF LOT 89 IN ENGLISH RIDGE SUBDIVISION NO. 7 IN THE CITY OF DUBUQUE, IOWA Whereas, Brianna L. Wernimont and Anthony J. Fury have executed a Grant of Easement for Storm Drain Utility across Part of Lot 89 in English Ridge Subdivision No. 7 in the 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 Storm Drain Utility across Part of Lot 89 in English Ridge Subdivision No. 7 in the City of Dubuque, Iowa from Brianna L. Wernimont and Anthony J. Fury, 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 18th day of Ju , 20 8. Attest: Ken S. Firnstafil, CMC, City Clerk Presiding Officer 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. 185-18 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 19th day of June, 2018. Ked n Firnstahl, CMC, City Clerk