Acceptance of a Grant of Easement for Water Main Utility over Barbara and Terrence Bahl property in Dubuque County, Iowa as part of the Briarwood Subdivision Water Connection ProjectCity of Dubuque
City Council Meeting
Consent Items # 09.
Copyrighted
January 3, 2023
ITEM TITLE: Acceptance of a Grant of Easement for Water Main Utility over Barbara
and Terrence Bahl property in Dubuque County, Iowa as part of the
Briarwood Subdivision Water Connection Project
SUMMARY: City Manager recommending City Council adopt a resolution accepting
the Grant of Easement for Water Main Utility from Barbara and Terrence
Bahl across part of Lot 5 in Briarwood Subdivision, Dubuque County,
Iowa, as shown on the attached Grant of Easement document to facilitate
the construction of the Briarwood Subdivision Water Connection Project.
RESOLUTION Accepting a Grant of Easement for water main utility
through, over and across part of Lot 5 in Briarwood Subdivision,
Dubuque County, Iowa
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
Acceptance of Grant of Easement for Water Main
Utility over Barbara and Terrence Bahl Property as part City Manager Memo
of the Briarwood Subdivision Water Connection
Project-MVM Memo
Staff Memo
Resolution
Grant of Easement
Staff Memo
Resolutions
Supporting Documentation
THE CITY OF
Dubuque
DUB TEE1.
All -America City
Masterpiece on the Mississippi
� pp
zoo�•*o 13
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of a Grant of Easement for Water Main Utility over Barbara
and Terrence Bahl property in Dubuque County, Iowa as part of the
Briarwood Subdivision Water Connection Project (CIP 4281-000041-
67990-ARPA)
DATE: December 19, 2022
City Engineer Gus Psihoyos is recommending City Council adopt a resolution accepting
the Grant of Easement for Water Main Utility from Barbara and Terrence Bahl across
part of Lot 5 in Briarwood Subdivision, Dubuque County, Iowa, as shown on the
attached Grant of Easement document to facilitate the construction of the Briarwood
Subdivision Water Connection Project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
CC' Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Nate Kieffer, Surveyor
Chris Lester, Water Department Manager
THE CITY OF
DUB E
Masterpiece on the Mississippi
TO:
FROM:
DATE:
Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer
December 19, 2022
Dubuque
All•MerieaCity
2007,2012.2013
2017*2019
RE: Acceptance of a Grant of Easement for Water Main Utility over Barbara and
Terrence Bahl property in Dubuque County, Iowa as part of the Briarwood
Subdivision Water Connection Project (CIP 4281-000041-67990-ARPA)
INTRODUCTION
The purpose of this memorandum is to seek approval and acceptance of a Grant of Easement
for Water Main Utility across Barbara and Terrence Bahl property being part of the Lot 5 in
Briarwood Subdivision, Dubuque County, Iowa as part of the Briarwood Subdivision Water
Connection Project.
BACKGROUND
The City of Dubuque was contacted by Briarwood Homeowners Association requesting
connection to city water. Briarwood currently owns, operates, and maintains a private water
system serving their residential subdivision. Issues have developed with their single water well
and they now desire to connect to the City of Dubuque Water Distribution system. The project
consists of the installation of 414' of 6" diameter PVC water main which includes a fire hydrant
assembly and private water connection to the Briarwood Subdivision water system. An
agreement for water service was established and signed by the Briarwood HOA and City of
Dubuque on May 3rd of 2022.
Per the Memorandum of Understanding by and between the City of Dubuque and Briarwood
HOA, plans are set forth to extend a public water main into the Briarwood Subdivision. A new
6" diameter PVC water main is planned to be installed from the public water main located at
15379 White Oak Drive in the Cedar Crest Subdivision and ending with a fire hydrant located at
the Southwood Court cul-de-sac within the Briarwood Subdivision. After pressure and
bacteriological testing on this water main has been completed, a 2" water tap will be made near
their existing pump house and a copper service line will be routed to the pump house. In the
pump house, a new pressure reducing valve, meter, backflow device and associated plumbing
components will be installed completing the connection to Briarwoods private water distribution
system.
DISCUSSION
The project requires connection of the existing water main on Southwood Court to the existing
water main on White Oak Drive. There are existing easements covering the proposed water
main utility extension alignment between the two roadways, except for a small portion of the
Bahl's property where their driveway meets the Southwood Court cul-de-sac.
RECOMMENDATION
I recommend accepting the Grant of Easement for Water Main Utility from Barbara and Terrence
Bahl across part of Lot 5 in Briarwood Subdivision, Dubuque County, Iowa, as shown on the
attached Grant of Easement document to facilitate the construction of the Briarwood Subdivision
Water Connection Project.
ACTION TO BE TAKEN
I respectfully request acceptance of the Grant of Easement for Water Main Utility from Barbara
and Terrence Bahl through the adoption of the enclosed resolution.
Prepared by Nate Kieffer, PLS
cc: Chris Lester, Water Department Manager
Brant Schueller, Water Distribution Supervisor
Jesse Bernhardt, GIS Specialist
Prepared by: Nate Kieffer. ON of Dubuque 50 W. 13" Street Dubuque IA 52001 (563) 589-4270
Return to: Adrienne N. Breitfelder, City Clerk City of Dubuque 50 W. 13" Street Dubuque IA 52001 (563) 589 4121
RESOLUTION NO. 4-23
ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN UTILITY
THROUGH, OVER AND ACROSS PART OF LOT 5 IN BRIARWOOD
SUBDIVISION, DUBUQUE COUNTY, IOWA
Whereas, Barbara J. Bahl and Terrence L. Bahl, have executed a Grant of
Easement for Water Main Utility through, over and across part of Lot 5 in Briarwood
Subdivision, 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 Water Main Utility
through, over and across part of Lot 5 in Briarwood Subdivision, Dubuque County,
Iowa as shown on the Grant of Easement for Water Main Utility, from Barbara J.
Bahl and Terrence L. Bahl, 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. The City Clerk is hereby authorized to and directed to record
this resolution and Grant of Easement for Water Main Utility with the Dubuque
County Recorder.
Passed, approved, and adopted this 3rd day of January, 2023
Brad M-6'avanagh, Mayor
Attest:
G" /�
Adrienne N. Breitfelder, CMC, City Clerk
2023 JAN 9 Am11:21:27
Doc ID: 011054910006 Type: GEN
Kind: EASEMENT
Recorded: 01/09/2023 at 11:21:27 AM
Fee Amt: $32.00 Pape i of 6
Dubuque County Iowa
Kevin Drapotto Recorder
File2023-00000108
DUBUQUE COUNTY RECORDER
REGISTRAR OF VITAL RECORDS
720 CENTRAL AVE.
DUBUQUE, IA 52001.7059
00108-23
Prepared by: Nate Kieffer City of Dubuque, 50 W. 1 V Street, Dubuque, Iowa 52001 (563)589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13w Street, Dubuque, Iowa 52001 (563)589-4270
GRANT OF PERMANENT EASEMENT FOR WATER MAIN UTILITY
For and in consideration of the Eight Hundred Forty One and 39/100 dollars
($841.39) and other good and valuable consideration, the receipt whereof is
hereby acknowledged, Barbara Bahl and Terrence L. Bahl ("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 5 in Briarwood Subdivision, Dubuque County, 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 water main utilities 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 over the temporary
construction easement areas 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 water main 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
® D90 City Eh9ineerin9Dept 32p0
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 water main
utilities thereon or therein.
Dated at Dubuque, Iowa this /ZT,l day of UQleM bCr, 2022.
I II
4
By.
errence L. Bahl
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this 12 ff/ day of &c_,mLor, A.D., 2022 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared
Barbara Bahl and Terrence L. Bahl 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.
� � -1C c::)
' RUSSELL N. KIEFFER Notary Public In and For Said State
o 40.
s� Commission Number 778626
40 My Commission Expires
May 24, 2025
i
EXHIBITA
I
THE BASIS OF BEARING IS THE SOUTH LINE OF LOT 5, FINAL
PLAT OF BRIARWOOD SUBDIVISION IS ASSUMED TO BEAR
SOUTH 85 DEGREES 25 MINUTES 15 SECONDS EAST.
CURVE TABLE
CURVE #
ARC DISTANCE
RADIUS
CHORD DISTANCE
CHORD BEARING
CENTRAL ANGLE
Cl
22.68'
60.00'
22.54'
S 15° 43' 50" W
021° 39' 24"
C2
10.05'
60.00'
10.03'
S 00° 06' 22" W
009° 35' 33"
I
GRAPHIC SCALE
LINE TABLE
LINE #
BEARING
DISTANCE
L1
N 01' 58' 17" W
20.02'
L2
S 62° 55' 50" W
55.27'
0 40 80 /
I �
1 INCH = 40 US FEET \ /
LEGEND
A -COMPUTED POSITION
P.E. - PERMANENT EASEMENT
N
\ w MSA
T.C.E. - TEMPORARY CONSTRUCTION EASEMENT
I
O 1 tmn
fO 0
`' >
z
LOT 5,
FINAL PLAT OF BRIARWOOD SUBDIVISION
TERRENCE L. BAHL &
0 0
m
INSTRUMENT # 249-76
BARBARA BAHL \
p
INSTRUMENT # 2302-90
"w
toNW
0
EAST LINE OF LOT 5
to �- W
cn
EXISTING 50' UTILITY &
p JO w
DRAINAGE EASEMENT PERMANENT EASEMENT AREA
J00
W
I
a
ui
J
cn
z p
50,
LL J
U
z
POINT OF
BEGINNING
T.C.E�J
±441 SQ.FT. (t0.010 ACRES)
TEMPORARY CONSTRUCTION
EASEMENT AREA 2.99'
t2,002 SQ.FT. (t0.046 ACRES) I A
N 85° 25' 15� 1
POINT OF BLUIN 4P"E -
43.24'
/i7R41'/ /
_ 119.65'
N14o 13 11" � y1 49 0 — o�- 169.345„ W o�
z — N 85 25' 15 E
O — —
Q SOUTH LINE OF LOT 5
Lu o I SOUTHWEST CORNER, LOT 5
U 00 POINT OF COMMENCEMENT LOT 6,
m � FINAL PLAT OF BRIARWOOD SUBDIVISION
O N INSTRUMENT # 249-76
LU
I JU
eo, SOVT yWOOO
COURT
N
U
*,,_SOUTHEAST CORNER L\
LOT 5
EXISTING 20' UTILITY &
DRAINAGE EASEMENT
TEMPORARY & PERMANENT `"°�""°
GMSA EASEMENT 15461 SOUTHWOOD COURT Dori00
CITY OF DUBUQUE, DUBUQUE COUNTY, IA i OF 2
TEMPORARY CONSTRUCTION EASEMENT LEGAL DESCRIPTION:
A TEMPORARY CONSTRUCTION EASEMENT FOR CONSTRUCTION PURPOSES OVER,
UNDER, AND ACROSS LOT 5 OF THE FINAL PLAT OF BRIARWOOD SUBDIVISION,
RECORDED AS INSTRUMENT NUMBER 249-76 IN THE OFFICE OF RECORDER OF
DUBUQUE COUNTY, IOWA, LOCATED IN THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 88 NORTH, RANGE 1 EAST, VERNON
TOWNSHIP, DUBUQUE COUNTY, IOWA, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 5; THENCE NORTH 74
DEGREES 13 MINUTES 17 SECONDS EAST A DISTANCE OF 51.49 FEET TO THE POINT OF
BEGINNING; THENCE NORTH 01 DEGREES 58 MINUTES 17 SECONDS WEST A DISTANCE
OF 20.02 FEET PARALLEL WITH THE WEST LINE OF SAID LOT 5; THENCE NORTH 85
DEGREES 25 MINUTES 15 SECONDS EAST A DISTANCE OF 123.81 FEET PARALLEL WITH
THE SOUTH LINE OF SAID LOT 5; THENCE SOUTH 62 DEGREES 55 MINUTES 50
SECONDS WEST A DISTANCE OF 52.28 FEET; THENCE SOUTH 85 DEGREES 25 MINUTES
15 SECONDS WEST A DISTANCE OF 76.41 FEET PARALLEL WITH THE SOUTH LINE OF
SAID LOT 5 TO THE POINT OF BEGINNING. CONTAINING 2,002 SQUARE FEET OR 0.046
ACRES MORE OR LESS.
PERMANENT WATERMAIN EASEMENT LEGAL DESCRIPTION:
A PERMANENT EASEMENT FOR WATERMAIN PURPOSES OVER, UNDER, AND ACROSS
LOT 5 OF THE FINAL PLAT OF BRIARWOOD SUBDIVISION, RECORDED AS INSTRUMENT
NUMBER 249-76 IN THE OFFICE OF RECORDER OF DUBUQUE COUNTY, IOWA, LOCATED
IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12,
TOWNSHIP 88 NORTH, RANGE 1 EAST, VERNON TOWNSHIP, DUBUQUE COUNTY, IOWA,
AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 5; THENCE NORTH 74
DEGREES 13 MINUTES 17 SECONDS EAST A DISTANCE OF 51.49 FEET; THENCE NORTH
85 DEGREES 25 MINUTES 15 SECONDS EAST A DISTANCE OF 76.41 FEET PARALLEL
WITH THE SOUTH LINE OF SAID LOT 5 TO THE POINT OF BEGINNING; THENCE NORTH 62
DEGREES 55 MINUTES 50 SECONDS EAST A DISTANCE OF 55.27 FEET TO THE EAST LINE
OF SAID LOT 5 AND THE BEGINNING OF A CURVE; THENCE 22.68 FEET ALONG THE ARC
OF A CURVE BEING SAID EAST LINE WITH A RADIUS OF 60.00 FEET AND A CHORD WHICH
BEARS SOUTH 15 DEGREES 43 MINUTES 50 SECONDS WEST, 22.54 FEET; THENCE
SOUTH 85 DEGREES 25 MINUTES 15 SECONDS WEST A DISTANCE OF 43.24 FEET
PARALLEL WITH THE SOUTH LINE OF SAID LOT 5 TO THE POINT OF BEGINNING.
CONTAINING 441 SQUARE FEET OR 0.010 ACRES MORE OR LESS.
THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE SEARCH AND DOES
NOT PURPORT TO SHOW ALL EASEMENTS OR ENCUMBRANCES OF RECORD.
TEMPORARY & PERMANENT `4921
GMSA EASEMENT 15461 SOUTHWOOD COURT °°,'°°
CITY OF DUBUQUE, DUBUQUE COUNTY, IA 1 2 OF 2
Prepared by: Nate Kieffer. City of Dubuque, 50 W. 131h Street, Dubuque, IA 52001 (563) 589-4270
Return to: Adrienne N. Breitfelder, City Clerk, City of Dubuque, 50 W. 13"' Street, Dubuque, IA 52001 (563) M9-4121
RESOLUTION NO.4-23
ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN UTILITY
THROUGH, OVER AND ACROSS PART OF LOT 5 IN BRIARWOOD
SUBDIVISION, DUBUQUE COUNTY, IOWA
Whereas, Barbara J. Bahl and Terrence L. Bahl, have executed a Grant of
Easement for Water Main Utility through, over and across part of Lot 5 in Briarwood
Subdivision, 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 Water Main Utility
through, over and across part of Lot 5 in Briarwood Subdivision, Dubuque County,
Iowa as shown on the Grant of Easement for Water Main Utility, from Barbara J.
Bahl and Terrence L. Bahl, 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. The City Clerk is hereby authorized to and directed to record
this resolution and Grant of Easement for Water Main Utility with the Dubuque
County Recorder.
Passed, approved, and adopted this 3rd day of January, 2023.
Brad vanagh, Mayor
Attest:
Adrienne N. Breitfelder, CMC, City Clerk
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Adrienne N. Breitfelder, City Clerk, 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. 4-23 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 4th day of January, 2023.
x, k4" ZlIzz
Adrienne N. Breitfelder, City Clerk