Acceptance of Grants of Easement for Sanitary Sewer Utility over Jon D. Luckstead Property in Tamarack Business Park, Tamarack Sanitary Sewer Extension ProjectCity of Dubuque
City Council Meeting
Consent Items # 014.
Copyrighted
November 6, 2023
ITEM TITLE: Acceptance of Grants of Easement for Sanitary Sewer Utility over Jon D.
Luckstead Property in Tamarack Business Park, Dubuque, Iowa
Tamarack Sanitary Sewer Extension Project
SUMMARY: City Manager recommending City Council adopt a resolution accepting
the three Grants of Easement for Sanitary Sewer Utility across Jon D.
Luckstead property being part of Tamarack Subdivision and the
Southeast Quarter of Section 14, Township 88 North, Range 2 East of
the 5th P.M. in Dubuque County, Iowa as part of the Tamarack Sanitary
Sewer Extension Project.
RESOLUTION Accepting Grants of Easement for Sanitary Sewer Utility
through, over and across parts of Tamarack Subdivision and parts of the
Southeast Quarter of Section 14, Township 88 North, Range 2 East of
the 5th p.m., in Dubuque County, Iowa
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description
Type
MVM Memo
City Manager Memo
Staff Memo
Staff Memo
Resolution
Resolutions
Easement 1
Supporting Documentation
Easement 2
Supporting Documentation
Easement 3
Supporting Documentation
THE CITY OF
Dubuque
DUB TEE1.
All -America City
Masterpiece on the Mississippi
� pp
zoo�•*o 13
zoi720zoi9
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of a Grants of Easement for Sanitary Sewer Utility over Jon D.
Luckstead Property in Tamarack Business Park, Dubuque, Iowa
Tamarack Sanitary Sewer Extension Project
DATE: October 31, 2023
City Engineer Gus Psihoyos is recommending City Council adopt a resolution accepting
the three Grants of Easement for Sanitary Sewer Utility across Jon D. Luckstead property
being part of Tamarack Subdivision and the Southeast Quarter of Section 14, Township
88 North, Range 2 East of the 5t" P.M. in Dubuque County, Iowa as part of the Tamarack
Sanitary Sewer Extension Project.
The project is located in Tamarack Business Park along Highway 151/61 south toward
the Dubuque Airport. The sanitary sewer extension project will start from the intersection
of Tamarack Drive and Silverwood Drive then run northwesterly through the existing
valley north of Silverwood Drive.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Micliael C. Van Milligen
MCVM:sv
Attachment
CC' Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Nate Kieffer, PLS
Maxwell O'Brien, Civil Engineer
THE CITY OF
DUB TE
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
Dubuque
MI-Amedu City
--"I 1Vl 11%41
2007,2012.2013
2017*2019
DATE: October 27, 2023
RE: Acceptance of a Grants of Easement for Sanitary Sewer Utility over Jon D.
Luckstead Property in Tamarack Business Park, Dubuque, Iowa
Tamarack Sanitary Sewer Extension Project
INTRODUCTION
The purpose of this memorandum is to seek approval and acceptance of three Grants of
Easement for Sanitary Sewer Utility across Jon D. Luckstead property being part of Tamarack
Subdivision and the Southeast Quarter of Section 14, Township 88 North, Range 2 East of the
5t" P.M. in Dubuque County, Iowa as part of the Tamarack Sanitary Sewer Extension Project.
The project is located in Tamarack Business Park along Highway 151/61 south toward the
Dubuque Airport. The sanitary sewer extension project will start from the intersection of
Tamarack Drive and Silverwood Drive then run northwesterly through the existing valley north
of Silverwood Drive.
BACKGROUND
Over 60 years ago the City of Dubuque started to invest in sanitary sewer infrastructure to protect
the health of its citizens and to serve the growth that had occurred and was occurring along its
western City limits. The Catfish Creek Interceptor Sewer (CCIS) was constructed in 1956, which
allowed the City to extend sanitary sewers to property owners within the sewershed. The Catfish
Creek Pump Station (CCPS) and Water Pollution Control Plant, now referred to as Water and
Recourse Recovery Center (WRRC), were constructed in the late 1960's. Since the late 1960's,
the community has grown and expanded to the west. The City has invested in renovations and
replacements at WRRC and CCPS to meet state and federal regulations, and to adequately
serve the expanding community.
The City began extending sanitary sewer along Granger Creek, in 1998, to the Dubuque
Technology Park. The Granger Creek Interceptor sewer consisted of the Granger Creek Pump
Station and approximately 17,600 feet of both 20-inch and 18-inch diameter pipe. In 2015, the
City extended the interceptor sewer along Granger Creek and U.S. Highway 151/61 to the
Dubuque Regional Airport. The GCIS extension increased Sewershed 4 to approximately 6,300
acres. Tamarack Business Park and adjacent parcels are now able to be served by the GCIS.
The City entered into a Pre -Annexation Agreement with the developer / owner of Tamarack
Business Park on October 17, 2016. Section 7 of the agreement states, "Within seven (7) years
of the execution date of this Agreement or within two (2) years of Owner's written request,
whichever date is sooner, City will complete sanitary sewer collector highway boring originally
proposed as part of City's Airport Utility Extension project to the Real Estate.". The City is
obligated to complete this extension by no later than October of 2023. The extension project
plans have been submitted to IDNR and IDOT for permitting and the project will be bid this
winter. The project will be constructed next year and will have a contract completion date of
November 15, 2024. Mr. Luckstead is fully aware of and is amenable to the fall 2024 completion
date.
The City of Dubuque submitted a facility plan to Iowa Department of Natural Resources (IDNR)
in September of (2021). It identified three projects related to the Granger Creek Interceptor
Sewer System. One of the three projects is to extend sanitary sewer to Tamarack Business
Park, which will allow multiple commercial and industrial businesses to connect to sanitary
sewer.
The facility plan is based on the results of an intensive evaluation of the existing interceptor
collection and pumping systems that transport sewage to the WRRC.
DISCUSSION
Jon D. Luckstead, developer/owner of Tamarack Business Park, has executed the three
attached Grants of Easement for Sanitary Sewer Utility which will provide for the construction
and ownership of the improvements associated with the sanitary sewer extension project.
RECOMMENDATION
I recommend accepting the three Grant of Easement for Sanitary Sewer Utility through, over and
across part of Tamarack Subdivision and the Southeast Quarter of Section 14, Township 88
North, Range 2 East of the 5t" P.M. in Dubuque County, Iowa, as shown on the respective
attached Grant of Easement documents to facilitate the construction of the Tamarack Sanitary
Sewer Extension Project.
ACTION TO BE TAKEN
I respectfully request acceptance of the Grants of Easement for Sanitary Sewer Utility from Jon
D. Luckstead through the adoption of the enclosed resolution.
Prepared by Nate Kieffer, PLS
CC' Maxwell O'Brien, Civil Engineer
Prepared by: Nate Kieffer City of Dubuque 50 W. 131h Street, Dubuque IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 1Y1 Street, Dubuque, IA 52001 (563) 589-4121
RESOLUTION NO. 361-23
ACCEPTING GRANTS OF EASEMENT FOR SANITARY SEWER UTILITY
THROUGH, OVER AND ACROSS PARTS OF TAMARACK SUBDIVISION AND
PARTS OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 88
NORTH, RANGE 2 EAST OF THE 5T" P.M., IN DUBUQUE COUNTY, IOWA
Whereas, Jon D. Luckstead, has executed a Grant of Easement for Sanitary
Sewer Utility through, over and across Part of Lot D of Tamarack S.E. Fourth
Subdivision, Plat of Lot 8 and D and Part of Lot 1 of 2 in the Northeast Quarter of
the Southeast Quarter of Section 14, Township 88 North, Range 2 East of the 5th
P.M. in Dubuque County, Iowa; and
Whereas, Jon D. Luckstead, has executed a Grant of Easement for Sanitary
Sewer Utility through, over and across Part of the Tamarack Drive Right of Way in
the Southeast Quarter of Section 14, Township 88 North, Range 2 East of the 5th
P.M. in Dubuque County, Iowa; and
Whereas, Jon D. Luckstead, has executed a Grant of Easement for Sanitary
Sewer Utility through, over and across Part of Lot D of Tamarack S.E. Fourth
Subdivision, Plat of Lot 8 and D, in the Northeast Quarter of the Southeast Quarter
of Section 14, Township 88 North, Range 2 East of the 5t' P.M. in 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 Grants of Easement for Sanitary Sewer
Utility through, over and across the properties described above in Tamarack
Subdivision and in the Southeast Quarter of Section 14, Township 88 North, Range
2 East of the 5th P.M. in Dubuque County, Iowa, as shown on the respective Grants
of Easement for Sanitary Sewer Utility, from Jon D. Luckstead, copies of which are
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 Grants of Easement for Sanitary Sewer Utility with the Dubuque
County Recorder.
Passed, approved and adopted this 6t" day of November, 2023.
Attest:
Adrienne N. Breitfelder, City Clerk
Doc ID: 011162120006 Type: GEN
Kind: EASEMENT
Recorded: 11/07/2023 at 04:13:25 PM
Fee Amt: $32.00 Paqe i of 6
Dubuque county Iowa
Karol Kennedy Recorder
File2023-00010593
Prepared by: Nate Kieffer, City of Dubuque. 50 W. 13'h Street, Dubuque, Iowa 52001 (563)589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13"' Street, Dubuque, Iowa 52001 (563)589-4270
GRANT OF EASEMENT FOR SANITARY SEWER UTILITY
For and in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable consideration, the receipt whereof is hereby acknowledged,
Jon D. Luckstead
3642 Echo Hills Drive
Bellevue, IA 52031
of Jackson 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 D of Tamarack S.E. Fourth Subdivision, Plat of Lot 8 and D and
Part of Lot 1 of 2 in the Northeast Quarter of the Southeast Quarter of
Section 14, Township 88 North, Range 2 East of the 5th P.M. in 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 a sanitary sewer main 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 and occupy the temporary
easement areas as shown on the attached Exhibit A during the period of
construction until the project is accepted by City Council.
(S)pBa City FY19meer 3200
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 main
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 sanitary sewer
main utility thereon or therein.
Dated at Dubuque, Iowa this 12 day of -5�,„ , 2023.
By:
D. Luckstead
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this 1 q4h day of tab/, A.D., 2023 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared Jon D.
Luckstead 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
11act and deed.
ll�h✓�%1+
1
Notary Public In and For Said State
ALICIA A STARKEY
Notarial Seal - Iowa
Commission Number 823817
My Commission Expires Feb 17, 2026
EXHIBIT "A" - EASEMENT #1
A 30 FOOT WIDE PERMANENT SANITARY SEWER MAIN EASEMENT
IN THE NE 1 /4 OF THE SE 1 /4 SECTION 14-T88N-R2E
DUBUQUE COUNTY, IOWA
DESCRIPTION — EASEMENT L1 SURVEYOR:
NOTE: SANITARY SEWER MAIN EASEMENT IS FOR THE CITY OF DUBUQUE, SAID EASEMENT IS A M NR GRAHAM
OWA
STRIP OF LAND FOR PERMANENT EASEMENT PURPOSES 30 FEET IN WIDTH LYING 15 FEET ON 221 E. MAIN THE
EACH SIDE OF THE SHOWN CENTERLINE. THE LINES OF SAID EASEMENT ARE BEING EXTENDED 221 E. MAIN STREET, SUITE 301
MANCHESTER, W 52057
OR SHORTENED TO MEET AT ANGLED POINTS.
PfJ (563) 927-206060
PERMANENT SANITARY SEWER EASEMENT LYING WITHIN PART OF LOT D OF TAMARACK SE
FOURTH SUBDIVISION. PLAT OF LOT 8 k D AND PART OF LOT 1 OF 2 IN THE NORTHEAST PROPRIETOR/OWNER:
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 88 NORTH, RANGE 2 EAST
OF THE 5TH P.M., IN DUBUQUE COUNTY IOWA WHICH CENTERLINE IS MORE PARTICULARLY LUCKSTEAD, JON D TRUST
DESCRIBED AS FOLLOWS; 3642 ECHO HILLS OR
COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF 2; BELLEVUE IA, 52031
THENCE NORTH 23.34'54' EAST, 15.67 FEET ALONG THE EAST LINE OF SAID LOT 1 OF 2
AND WEST RIGHT—OF—WAY LINE OF US 61 TO SAJD CENTERLINE AND THE POINT OF BEGINNING; REQUESTED BY:
THENCE NORTH 7V23'51' WEST ALONG SAID CENTERLINE, 65.02 FEET TO THE POINT OF CITY OF DUBUQUE
A
50 WEST 1
TERMINATION AT SOUTH RIGHT—OF—WAY OF TAMARACK DRIVE. STREET
DUBUQUE, I52001
CONTAINING 2,126 SQUARE FEET (O.D49 ACRE), MORE OR LESS, AND SUBJECT TO OTHER PERMANENT EASEMENT:
EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHT—OF—WAY RECORD AND NOT OF RECORD.
BASIS OF BEARING IS NAD83, IOWA REGIONAL COORDINATE SYSTEM 11, GEOID 18, U.S. 0.049 ACRE (2126 SF)
SURVEY FOOT, LEGEND TEMPORARY EASEMENTS:
60' 30' 0 60, • FOUND 5/8"0 (N5) REBAR NORTH: 0.016 ACRE (710 SF)
------------- 1/4-1/4 SECTION LINE SOUTH: 0.110 ACRE (4773 SF)
GRAPHIC SCALE IN FEET — — EXISTING RIGHT-OF-WAY
SCALE: 1 "=60' EXISTING PROPERTY LINE
N EXISTING EASEMENT
` - - EXISTING CENTERLINE ROAD�
WE (; — — — — — — — — PROPOSED EASEMENT
PROPOSED SANITARY SEWER
S o
Q
PART OF LOT 1-2 SE 1/4
SEC 14-T88-2E /
j JON D. j
LUCKSTEAD TRUST
i
\ � )Zz
POINT OF 2Y� Q
S% \ TERMINATION if��
U
O �
POINT OF
BEGINNING
PROPOSED SANITARY
SEWER ALIGNMENT
N 70'2351 W'
65.02' .
N 23'34'5\� `
w� 15.67'
z
Z:
\ POINT OF /
COMMENCEMENT
Ni 3r SE CORNER LOT 1 - 2
S
V �O
4 � eoo�oky,SFoo
o�T
I hereby certify that this land surveying document ILLINOIS
was prepared and the related survey work was mm a
�P! N� performed by me or under my direct personal ENGINEERING 8 ENVIRONMENTAL IOWA
�� ,• supervision and that I am a duly licensed Land
• Surveyor under the laws of the State of Iowa. �2ozz FEHR cRAwaM WISCONSIN
ADAM J.
RECKER { \westunion Drowings C3D 22\22-107 Tomarack\22-10_I D
24627 JOB NUMBER:
Adam J. Retker, P.L.S. Date 22-107
*/OWA License Number: 24627
My license renewal date is December 31, 2023. SHEET NUMBER:
Sheets covered by this seal: THIS SHEET ONLY 1 of 1
Prepared by: Nate Kieffer City of Dubuque 50 W. 1311 Street Dubuque IA 52001 (5631589-4270
Return to: Nate Kieffer City of Dubuque 50 W. 131h Street Dubuque IA 52001 (563) 589-4121
RESOLUTION NO. 361-23
ACCEPTING GRANTS OF EASEMENT FOR SANITARY SEWER UTILITY
THROUGH, OVER AND ACROSS PARTS OF TAMARACK SUBDIVISION AND
PARTS OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 88
NORTH, RANGE 2 EAST OF THE 5TH P.M., IN DUBUQUE COUNTY, IOWA
Whereas, Jon D. Luckstead, has executed a Grant of Easement for Sanitary
Sewer Utility through, over and across Part of Lot D of Tamarack S.E. Fourth
Subdivision, Plat of Lot 8 and D and Part of Lot 1 of 2 in the Northeast Quarter of
the Southeast Quarter of Section 14, Township 88 North, Range 2 East of the 51h
P.M. in Dubuque County, Iowa; and
Whereas, Jon D. Luckstead, has executed a Grant of Easement for Sanitary
Sewer Utility through, over and across Part of the Tamarack Drive Right of Way in
the Southeast Quarter of Section 14, Township 88 North, Range 2 East of the 5th
P.M. in Dubuque County, Iowa; and
Whereas, Jon D. Luckstead, has executed a Grant of Easement for Sanitary
Sewer Utility through, over and across Part of Lot D of Tamarack S.E. Fourth
Subdivision, Plat of Lot 8 and D, in the Northeast Quarter of the Southeast Quarter
of Section 14, Township 88 North, Range 2 East of the 5th P.M. in 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 Grants of Easement for Sanitary Sewer
Utility through, over and across the properties described above in Tamarack
Subdivision and in the Southeast Quarter of Section 14, Township 88 North, Range
2 East of the 5th P.M. in Dubuque County, Iowa, as shown on the respective Grants
of Easement for Sanitary Sewer Utility, from Jon D. Luckstead, copies of which are
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 Grants of Easement for Sanitary Sewer Utility with the Dubuque
County Recorder.
Passed, approved and adopted this 6tn day of November, 2023.
Attest:
Adrienne N. Breitfelder, 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. 361-23 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 7th day of November, 2023.
OFAf
f
�SfAL)
Y
Adrienne N. Breitfelder, City Clerk
Doc ID: 011162130006 Type: GEN
Kind: EASEMENT
Recorded: 11/07/2023 at 04:13:57 PM
Fee Amt: $32.00 Pape 1 of 6
Dubuque County Iowa
Karol Kennedy Recorder
File2023-00010594
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. 13"' Street, Dubuque, Iowa 52001 (563)589-4270
GRANT OF EASEMENT FOR SANITARY SEWER UTILITY
For and in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable consideration, the receipt whereof is hereby acknowledged,
Jon D. Luckstead
3642 Echo Hills Drive
Bellevue, IA 52031
of Jackson 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 the Tamarack Drive Right of Way in the Southeast Quarter of
Section 14, Township 88 North, Range 2 East of the 5th P.M. in 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 a sanitary sewer main 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.
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 main
and other appurtenances.
® DBQ City Engineer 3200z
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 sanitary sewer
main utility thereon or therein.
Dated at Dubuque, Iowa this day of , 2023.
By: �
Jon uck ad
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this (� day of , D., 2023 before me, the undersigned,
a Notary Public in and for said tounty, in said State, personally appeared Jon D.
Luckstead 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 volunta act and eed.
Notary Public In and F Said State
ALICIA A STARKEY
Notarial Seal - Iowa
commission Number 823817
my commission Expires Feb 17, 2026
ii
EXHIBIT "A" - EASEMENT #2
A 30 FOOT WIDE PERMANENT SANITARY SEWER MAIN EASEMENT
IN SE 1 /4 SECTION 14-T88N-R2E
DUBUQUE COUNTY, IOWA
NOTE: SANITARY SEWER MAIN EASEMENT IS FOR THE CITY OF DUBUQUE. SAID
EASEMENT IS A STRIP OF LAND FOR PERMANENT EASEMENT PURPOSES 30 FEET IN
WIDTH LYING 15 FEET ON EACH SIDE OF THE SHOWN CENTERLINE. THE LINES OF
SAID EASEMENT ARE BEING EXTENDED OR SHORTENED TO MEET AT ANGLED POINTS.
PERMANENT SANITARY SEWER EASEMENT LYING WITHIN PART THE CURRENT TAMARACK
DRIVE RIGHT—OF—WAY IN THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 88
NORTH, RANGE 2 EAST OF THE 5TH/ P.M., IN DUBUQUE COUNTY IOWA WHICH
CENTERLINE IS MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF 2:
THENCE NORTH 2534'54" EAST, 15.67 FEET ALONG THE EAST LINE OF SAID LOT 1
OF 2 AND WEST RIGHT-OF-WAY LINE OF US 61 TO SAID CENTERLINE;
THENCE NORTH 70'23'51' WEST ALONG SAID CENTERLINE, 65.02 FEET TO THE POINT
OF BEGINNING AT SOUTH RIGHT-OF-WAY OF TAMARACK DRIVE;
THENCE CONTINUING NORTH 70'23'51" WEST ALONG SAID CENTERLINE, 2.27 FEET:
THENCE NORTH 60'30'46" WEST ALONG SAID CENTERLINE, 257.81 FEET TO THE
POINT OF TERMINATION;
CONTAINING 7,825 SQUARE FEET (0.175 ACRE), MORE OR LESS, AND SUBJECT TO
OTHER EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHT-OF-WAY RECORD AND
NOT OF RECORD.
BASIS OF BEARING IS NAD83, IOWA REGIONAL COORDINATE SYSTEM 11, GEOID 18,
U.S. SURVEY FOOT.
N
60' 30' 0 60'
wE
S GRAPHIC SCALE IN FEET
SCALE: 1 "=60'
SURVEYOR:
FEHR GRAHAM
221 E. MAIN STREET, SURE 301
MANCHESTER, IA 52057
P# (563) 927-2060
PROPRIETOR10WNER:
CITY OF DUBUQUE
50 WEST 13TH STREET
DUBUQUE, IA 52001
REQUESTED BY:
CITY OF DUBUQUE
50 WEST 13TH STREET
DUBUQUE, IA 52001
PERMANENT EASEMENT:
0.175 ACRE (7625 SF)
LEGEND
• FOUND 5/8"0 (N5) REBAR
/ — / SECTIO UNE
— EXISTING RIGHT—OF—WAY
— EXISTING PROPERTY LINE
— EXISTING EASEMENT
— PROPOSED EASEMENT
— PROPOSED SANITARY SEWER
— EXISTING CENTERLINE ROAD
q ' W� i
• JON D.
LUCKSTEAD TRUST
TA POINT OF Q TERMINATION
Q�3 Q PART OF LOT 1-2 SE 1/4
SEC 14—T88-2E /
(31
,
iN 6030'46" W�
257.81' POINT OF
BEGINNING
i
I \ PROPOSED
SANITARY SEWER
N 70'23'51" W ALIGNMENT
2,27'
1 N 70 23'55. 2'
W N 23'34.54 E
111` 65
Z' 15.67'
Z , t POINT OF
COMMENCEMENT
SE CORNER LOT 1 — 2
i \ Ok rb
JON D. \ �? 41
/ LUTRUST
� TRUST $ �
% LOT D `Z\
J % + TAMARACK SE JC.�
i 1 FOURTH SUBDIVISION,
I PLAT OF LOT 8 do D
I hereby certify that this land surveying document �EHR ,
was prepared and the related survey work was ILLINOIS
DRECKER
performed by me or under my direct personal IOWA
ENGINEERING 8 ENVIRONMENTAL
supervision and that I am a duly licensed Land ®RING &E IROMA WISCONSIN
Surveyor under the laws of the State of Iowa. \westunion\Drowings C3D\22\22-107 Tamarack\22-10 D
�- 30 -2c) ZJOB NUMBER:Adam J. Rec er, P.L.S. Date 22-107
License Number: 24627
My license renewal date is December 31, 2023, SHEET NUMBER:
Sheets covered by this seal: THIS SHEET ONLY 1 of 1
Prepared by: Nate Kieffer City of Dubuque 50 W. 13`^ Street Dubuque IA 52001 (563) 589-4270
Return to: Nate Kieffer. City of Dubuque. 50 W. 13`h Street, Dubuque, IA 52001 (563) 589-4121
RESOLUTION NO. 361-23
ACCEPTING GRANTS OF EASEMENT FOR SANITARY SEWER UTILITY
THROUGH, OVER AND ACROSS PARTS OF TAMARACK SUBDIVISION AND
PARTS OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 88
NORTH, RANGE 2 EAST OF THE 5T" P.M., IN DUBUQUE COUNTY, IOWA
Whereas, Jon D. Luckstead, has executed a Grant of Easement for Sanitary
Sewer Utility through, over and across Part of Lot D of Tamarack S.E. Fourth
Subdivision, Plat of Lot 8 and D and Part of Lot 1 of 2 in the Northeast Quarter of
the Southeast Quarter of Section 14, Township 88 North, Range 2 East of the 51h
P.M. in Dubuque County, Iowa; and
Whereas, Jon D. Luckstead, has executed a Grant of Easement for Sanitary
Sewer Utility through, over and across Part of the Tamarack Drive Right of Way in
the Southeast Quarter of Section 14, Township 88 North, Range 2 East of the 5th
P.M. in Dubuque County, Iowa; and
Whereas, Jon D. Luckstead, has executed a Grant of Easement for Sanitary
Sewer Utility through, over and across Part of Lot D of Tamarack S.E. Fourth
Subdivision, Plat of Lot 8 and D, in the Northeast Quarter of the Southeast Quarter
of Section 14, Township 88 North, Range 2 East of the 51h P.M. in 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 Grants of Easement for Sanitary Sewer
Utility through, over and across the properties described above in Tamarack
Subdivision and in the Southeast Quarter of Section 14, Township 88 North, Range
2 East of the 5th P.M. in Dubuque County, Iowa, as shown on the respective Grants
of Easement for Sanitary Sewer Utility, from Jon D. Luckstead, copies of which are
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 Grants of Easement for Sanitary Sewer Utility with the Dubuque
County Recorder.
Passed, approved and adopted this 6"' day of November, 2023.
I WMT,I, W a•
Attest:
Adrienne N. Breitfelder, City Clerk
CERTIFICATE of the CITY CLERK
STATE OF IIOWA
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. 361-23 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 7th day of November, 2023.
Adrienne N. Breitfelder, City Clerk
Doc ID: 011162140007 Type: GEN
Kind: EASEMENT
Recorded: 11/07/2023 at 04:14:28 PM
Fee Amt: $37.00 Page 1 of 7
Dubuque County Iowa
Karol Kennedy Recorder
File2023-00010595
Prepared by: Nate Kieffer City of Dubuque, 50 W. 13'h Street Dubuque, Iowa 52001 (563)589-4270
Retum to: Nate Kieffer, City of Dubuque, 50 W. 13'h Street, Dubuque, Iowa 52001 (563)589-4270
GRANT OF EASEMENT FOR SANITARY SEWER UTILITY
For and in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable consideration, the receipt whereof is hereby acknowledged,
Jon D. Luckstead
3642 Echo Hills Drive
Bellevue, IA 52031
of Jackson 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 D of Tamarack S.E. Fourth Subdivision, Plat of Lot 8 and D, in
the Northeast Quarter of the Southeast Quarter of Section 14, Township
88 North, Range 2 East of the 5th P.M. in 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 a sanitary sewer main 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 and occupy the temporary
easement areas as shown on the attached Exhibit A during the period of
construction until the project is accepted by City Council.
(Ma City Enaihter 37003
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 main
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 sanitary sewer
main utility thereon or therein.
Dated at Dubuque, Iowa this day o , yt , 2023.
By:
Z
. uckstead
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this 1q,� day of , A.D., 2023 before me, the undersigned,
a Notary Public in and for saib County, in said State, personally appeared Jon D.
Luckstead 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.
---------- AjaaASta�-4
-1 Notary Public In and Aor Said State
ALICIA A STARKEY
Notarial Seal . Iowa
Commission Number 123817
My Commission Expires Feb 17, 2026
3
EXHIBIT "A" - EASEMENT #3
A 30 FOOT WIDE PERMANENT SANITARY SEWER MAIN EASEMENT
IN THE SE 1 /4 SECTION 14-T88N-R2E
DUBUQUE COUNTY, IOWA
NOTE; SANITARY SEWER MAIN EASEMENT IS FOR THE CITY OF DUBUQUE, SAID
EASEMENT IS A STRIP OF LAND FOR PERMANENT EASEMENT PURPOSES 30 FEET IN
WIDTH LYING 15 FEET ON EACH SIDE OF THE SHOWN CENTERLINE. THE LINES OF
SAID EASEMENT ARE BEING EXTENDED OR SHORTENED TO MEET AT ANGLED POINTS.
PERMANENT SANITARY SEWER EASEMENT LYING WITHIN LOT D OF TAMARACK SE
FOURTH SUBDIVISION IN THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 88
NORTH, RANGE 2 EAST OF THE 5TH/ P.M., IN DUBUQUE COUNTY IOWA WHICH
CENTERLINE IS MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE CENTER OF SECTION 14, TOWNSHIP 88 NORTH, RANGE 2 EAST;
THENCE NORTH 87.34'41 • EAST (ASSUMED BEARING), 579.37 FEET ALONG THE
NORTH LINE OF THE SOUTHEAST QUARTER AND NORTH LINE OF LOT D OF TAMARACK
SE FOURTH SUBDIVISION TO THE EXTENSION OF THE SANITARY SEWER CENTERLINE
AND THE POINT OF BEGINNING;
THENCE SOUTH 00.00'00- EAST, 109.26 FEET ALONG SAID CENTERLINE;
THENCE SOUTH 43'46'43" EAST, 458.32 FEET ALONG SAID CENTERLINE;
THENCE SOUTH 25.30'06• WEST, 110.79 FEET ALONG SAID CENTERLINE;
THENCE SOUTH 64'31'35" EAST, 330.80 FEET ALONG SAID CENTERLINE;
THENCE SOUTH 81.01.11" EAST, 123.98 FEET ALONG SAID CENTERLINE;
THENCE SOUTH 37'04'39" EAST, 147.80 FEET ALONG SAID CENTERUNE TO THE
POINT OF TERMINATION;
CONTAINING 38.415 SQUARE FEET (0.882 ACRE), SUBJECT TO OTHER EASEMENTS,
RESERVATIONS, RESTRICTIONS AND RIGHT—OF—WAY RECORD AND NOT OF RECORD.
REFERENCE IS HEREBY MADE TO A FINAL PLAT AND SURVEY FOR LOT 8 AND LOT D
OF TAMARACK S.E. FOURTH ADDITION SUBDIVISION MADE BY JEFFERY J. BRANDT
RECORDED JANUARY 27, 2017, IN RECORDING INSTRUMENT #2017-00001170 ON
FILE IN THE DUBUQUE COUNTY RECORDER'S OFFICE, DUBUQUE, IOWA.
POINT OF
COMMENCEMENT
N 87.34'41" E
(ASSUMED BEARING)
579,37'
CENTER TEMPORARY 10
SEC. 14—T88N—R2E �d
CONSTRUCTION
EASEMENT I /�
S 00'00'00" E.;:
f�•
109.26' I
m�
� F
—�
r
N
0
CITY OF DUBUQUE
�m
rn
POINT OF
° 'i
BEGINNING
1 4 SECTION LINE
},° $
TEMPORARY 40'
CONSTRUCTION
EASEMENT
6Y9wkl�
FEHR GRAHAM
221 E. MAIN STREET, SUITE 301
MANCHESTER, IA 52057
P# (563) 927-2060
PROPRIETORJOWNER:
LUCKSTEAD, JON D TRUST
3642 ECHO HILLS DR
BELLEVUE IA, 52031
REQUESTED BY:
CITY OF DUBUQUE
50 WEST 13TH STREET
DUBUQUE, IA 52001
PERMANENT EASEMENT:
0.882 ACRE (38415 SF)
TEMPORARY EASEMENTS:
NORTH: 0.665 ACRE (28947 SF)
SOUTH: 1.080 ACRE (47035 SF)
1 /4 SECTION LINE
EXISTING RIGHT—OF—WAY
EXISTING PROPERTY LINE
EXISTING EASEMENT
PROPOSED EASEMENT
PROPOSED SANITARY SEWER
EXISTING CENTERLINE ROAD
NE CORNER
NW1/4—SE1/4
�EC. 14—T88N—R2E
y�.�. JON D. LUCKSTEAD
TRUST
PROPOSED SANITARY
SEWER ALIGNMENT
!, S 4346'43" E
tf 458.32'
j t w
Y
EXISTING 30' r
UTILITY EASEMENT
JON D. LUCKSTEAD I +` t QO'�Fz' g,t TRUST I e t \ �� 'p , /
v /
I { � V
LOT D
TAMARACK SE FOURTHt
SUBDIVISION, PLAT OF
LOT 8 do D
N
W A E
S
100' 50' 0 100'
GRAPHIC SCALE IN FEET
SCALE: 1 "=100'
I hereby certify that this land surveying document ILLINOIS
Dwas prepared and the related survey work was FEH �� ,
performed by me or under my direct personal IOWA
supervision and that I am a duly licensed Land ENGINEERING & EWIRONMENTAL
Surveyor under the laws of the State of Iowa. �2023 FEHR GRAHAM WISCONSIN
\westunion Drawings\C3D\22\22-107 Tamarack\22-10 D
7- 1-G23JOB NUMBER:Adam J. Recke P.L.S. Date 22-107
License Number: 24627
My license renewal date is December 31, 2023. SHEET NUMBER:
Sheets covered by this seal: SHEETS 1 THROUGH 2 1 of 2
EXHIBIT "A" - EASEMENT #3
A 30 FOOT WIDE PERMANENT SANITARY SEWER MAIN EASEMENT
IN LOT D OF TAMARACK S.E. FOURTH ADDITION IN THE SE 1/4 SECTION 14-T88N-R2E
DUBUQUE COUNTY, IOWA
— 1 4 SECTION LINELEGEND
CENTER
SEC. 14—T88N—R2E — — — 1 /4 SECTION LINE
----------'-- 1/4 — 1/4 SECTION LINE
EXISTING RIGHT—OF—WAY
EXISTING PROPERTY LINE ,
— EXISTING EASEMENT
— — — — — — — — PROPOSED EASEMENT ;
— PROPOSED SANITARY SEWER
— EXISTING CENTERLINE ROAD
r. \
S 25'30'06" W�
110.79'
02
� o
2 y
NE CORNER
NW1/4—SE1
SEC. 14—TB
t
w
z,
J
1
JON D. LUCKSTEAD
Zi
0'
I—ri
TRUST
w I
cYi
NI
35
LOT D
1
TAMARACK SE FOURTH
o
SUBDIVISION, PLAT OF
/
LOT 8&D
'
S 64'31'35" E
�}a 330.80'
�a cj
w
JAL I,FR�
MULGREW OIL CO
LOT 8
TAMARACK SE FOURTH
SUBDIVISION, PLAT OF
LOT 8 do D
100' 50' 0 100'
GRAPHIC SCALE IN FEET
SCALE: 1 "=100'
I0
PROPOSED
SANITARY SEWER
ALIGNMENT v
S 81'01'11" E
i
123.98'
I
I r a n S 37'04'39" E
Ifs 1 trlf �O 147.80'
t -^t rt 11 j1f '4Lu
SUBDIVISION, PLAT OF
LOT 8 do D
FEHR agw. m- ILLINOIS
ENGINEERING & ENVIRONMENTAL IOWA
(02023 PEHR GRAHAM WISCONSIN
\westunion Drowings C3D\22\22-107 Tamarack\22-10 D
JOB NUMBER:
22-107
SHEET NUMBER:
2of2
Prepared by: Nate Kieffer City of Dubuque 50 W 13" Street Dubuque IA 52001 (563) 589-4270
Return to: Nate Kieffer City of Dubuque 50 W. 13" Street Dubuque IA 52001 (563) 589-4121
RESOLUTION NO. 361-23
ACCEPTING GRANTS OF EASEMENT FOR SANITARY SEWER UTILITY
THROUGH, OVER AND ACROSS PARTS OF TAMARACK SUBDIVISION AND
PARTS OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 88
NORTH, RANGE 2 EAST OF THE 5T" P.M., IN DUBUQUE COUNTY, IOWA
Whereas, Jon D. Luckstead, has executed a Grant of Easement for Sanitary
Sewer Utility through, over and across Part of Lot D of Tamarack S.E. Fourth
Subdivision, Plat of Lot 8 and D and Part of Lot 1 of 2 in the Northeast Quarter of
the Southeast Quarter of Section 14, Township 88 North, Range 2 East of the 5tn
P.M. in Dubuque County, Iowa; and
Whereas, Jon D. Luckstead, has executed a Grant of Easement for Sanitary
Sewer Utility through, over and across Part of the Tamarack Drive Right of Way in
the Southeast Quarter of Section 14, Township 88 North, Range 2 East of the 5th
P.M. in Dubuque County, Iowa; and
Whereas, Jon D. Luckstead, has executed a Grant of Easement for Sanitary
Sewer Utility through, over and across Part of Lot D of Tamarack S.E. Fourth
Subdivision, Plat of Lot 8 and D, in the Northeast Quarter of the Southeast Quarter
of Section 14, Township 88 North, Range 2 East of the 5t'' P.M. in 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 Grants of Easement for Sanitary Sewer
Utility through, over and across the properties described above in Tamarack
Subdivision and in the Southeast Quarter of Section 14, Township 88 North, Range
2 East of the 5th P.M. in Dubuque County, Iowa, as shown on the respective Grants
of Easement for Sanitary Sewer Utility, from Jon D. Luckstead, copies of which are
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 Grants of Easement for Sanitary Sewer Utility with the Dubuque
County Recorder.
Passed, approved and adopted this 6'h day of November, 2023.
Br
.• �4• 0
Attest:
Adrienne N. Breitfelder, 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. 361-23 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 7th day of November, 2023.
Adrienne N. Breitfel er, City Clerk