Acceptance of Grant of Easement for Sanitary Sewer Utility from Flynn Company, Inc./Inland MolassesCopyrighted
April 20, 2020
City of Dubuque Consent Items # 10.
ITEM TITLE: Acceptance of Grant of Easement for Sanitary Sewer Utility
from Flynn Company, Inc.
SUMMARY: City Manager recommending acceptance of a Grant of
Easement for Sanitary Sewer Utility across part of Inland
Molasses Place from Flynn Company, Inc., as part of the
Julien Dubuque Drive Sanitary Sewer Extension Project.
SUGGESTED DISPOSITION:
RESOLUTION Accepting a Grant of Easement for
Sanitary Sewer Utility across part of Lot 1-1-1 of Inland
Molasses Place in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Acceptance of Grant of Easement for Sanitary Sewer City Manager Memo
from Flynn Company-MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Grant of Easement Supporting Documentation
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
bitil
All-A.aia City
111111
2007.2012.2013
2017*2019
SUBJECT: Acceptance of Grant of Easement for Sanitary Sewer Utility from Flynn
Company, Inc. over Part of Lot 1-1-1 of Inland Molasses Place, in the City
of Dubuque, Iowa (Julien Dubuque Drive Sanitary Sewer Extension
Project)
DATE: April 13, 2020
City Engineer Gus Psihoyos recommends City Council acceptance of a Grant of
Easement for Sanitary Sewer Utility across Part of Lot 1-1-1 of Inland Molasses Place in
the City of Dubuque, from Flynn Company, Inc. as part of the Julien Dubuque Drive
Sanitary Sewer Extension Project.
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
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: April 10, 2020
Dubuque
Ittebni
IIII•Merisa City
V.LI:tNWL� RI, I I N 111111
2007.2012.2013
2017*2019
SUBJECT: Acceptance of Grant of Easement for Sanitary Sewer Utility from Flynn
Company, Inc. over Part of Lot 1-1-1 of Inland Molasses Place, in the City
of Dubuque, Iowa (Julien Dubuque Drive Sanitary Sewer Extension Project)
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a Grant of Easement for
Sanitary Sewer Utility across Part of Lot 1-1-1 of Inland Molasses Place, in the City of
Dubuque, Iowa as part of the Julien Dubuque Drive Sanitary Sewer Extension Project.
DISCUSSION
BVM-PHS Senior Housing, Inc. is proposing to improve the Mt. Carmel Campus by
adding new skilled nursing, assisted living, memory care facilities (Phase 1
improvements), and independent senior living units (Phase 2 improvements) over the
next several years.
By resolution number 274-19, the City approved a Memorandum of Agreement with BVM-
PHS for the construction of a proposed sanitary sewer extension to serve the existing
mother house building and the new skilled nursing, assisted living, and memory care
facilities at the Mt. Carmel Campus. The approved MOU states that BVM-PHS will
construct a private sewer from the BVM Phase 1 facilities to Julien Dubuque Drive. The
City will then construct a public sewer from the existing sewer serving Shady Oaks to the
end of the private BVM-PHS sewer along Julien Dubuque Drive.
The proposed sewer extension is primarily located in public street right of way but does
encroach on the property owned by Flynn Company, Inc. at the west end of the project.
We propose to acquire a permanent easement created for the purpose of constructing,
operating and maintaining the sanitary sewer across the property. The grant of easement
and plat are shown in the attached Exhibit A.
RECOMMENDATION
I recommend accepting the Grant of Easement for Sanitary Sewer Utility across Part of
Lot 1-1-1 of Inland Molasses Place, in the City of Dubuque, Iowa, 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 Sanitary
Sewer Utility from Flynn Company, Inc. through the adoption of the enclosed resolution.
11111111111111111111111111111111111111111111111111111111111111111111111111111111
Doc ID 010471410005 Type GEN
Kind: EASEMENT
Recorded: 04/22/2020 at 04:19:29 PM
Fee Amt: $27.00 Page 1 of 5
Dubuque County Iowa
John Murphy Recorder
Fi1e2020-00004888
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 SANITARY SEWER UTILITY
For and in consideration of the sum of Four Thousand Four Hundred Thirty Eight
and 92/100's Dollars ($4,438.92) and other good and valuable consideration, the
receipt whereof is hereby acknowledged, FLYNN COMPANY, INC., an Iowa
Corporation, ("Grantor"), of Dubuque County, State of Iowa, for themselves, their
heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE,
IOWA, ("Grantee"), 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 1-1-1 of Inland Molasses Place, in the City 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 a sanitary sewer utility 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 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 sanitary sewer and
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
(' Am D%Q oZ7, coo
excavation that will diminish the lateral support or integrity of said improvements
without obtaining the prior written consent of the City Engineer.
Grantor agrees that any future improvements placed within said easement by
Grantor, and their heirs and assigns, excluding turf grass and existing driveways,
may be removed and not replaced by the City of Dubuque in the process of
maintaining, repairing or reconstructing the sanitary sewer main utility. City of
Dubuque will not be responsible for the replacement, repair, or relocation of any
future improvements, besides turf grass and existing driveways, that encroach in
the proposed easement.
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 sanitary sewer
utility thereon or therein.
Dated at Dubuque, Iowa this Z `i day of i�'I A �-� , 2020.
FLYNN COMPANY, INC.
By:
Michael J. FJyfin, its Secretary
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this aL-0' day of c \ , A.D., 2020 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared
Michael J. Flynn 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.
Notary Public In and For Said State
MOLLY 9ARTON
Commission Number 788982
My Commission Expires
'2:v.-1►- a�
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. 123-20
ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY ACROSS
PART OF LOT 1-1-1 OF INLAND MOLASSES PLACE, IN THE CITY OF DUBUQUE,
IOWA
Whereas, Flynn Company, Inc., has executed a Grant of Easement for Sanitary Sewer
Utility across Part of Lot 1-1-1 of Inland Molasses Place, in the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts
and consents to the Grant of Easement for Sanitary Sewer Utility across Part of Lot 1-1-
1 of Inland Molasses Place, in the City of Dubuque, Iowa, from Flynn Company, Inc., 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 20th day of April 2020.
Roy D. Buol, Mayor
Attest:
Kevi S. Firnstal, CMC, City Clerk
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. 123-20 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 21 st day of April, 2020.
OF*` \ ,AY,�
(SEAL)' '• ` .''
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Ke n S. Firnsta , CMC, City Clerk