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Acceptance of a Storm Water Detention Basin Access Easement from Drake House South, LLC over property at 3100 Cedar Crest RidgeCity of Dubuque City Council Meeting ITEM TITLE: SUMMARY: Copyrighted August 5, 2024 Consent Items # 010. Acceptance of a Storm Water Detention Basin Access Easement from Drake House South, LLC over property at 3100 Cedar Crest Ridge in Dubuque City Manager recommending City Council acceptance of a Storm Water Detention Basin Access Easement across Part of Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubuque, Iowa from Drake House South, LLC. RESOLUTION Accepting a Grant of Storm Water Detention Basin Access Easement through, over and across part of Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubuque, 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 Access Agreement Supporting Documentation Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque *Merin City 11 IIi' 2007.2012.2013 2017*2019 SUBJECT: Acceptance of a Storm Water Detention Basin Access Easement from Drake House South, LLC over property at 3100 Cedar Crest Ridge in Dubuque DATE: July 30, 2024 City Engineer Gus Psihoyos is recommending City Council acceptance of a Storm Water Detention Basin Access Easement across Part of Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubuque, Iowa from Drake House South, LLC. The City owns and maintains a storm water detention basin facility in the southwest corner of Cedar Ridge Farm Place No. 4 (located west of Cedar Cross Road with lots on the north and south side of Cedar Crest Ridge). The property owners are planning to develop the currently vacant lot at 3100 Cedar Cross Road into a coffee shop with a drive -through facility (Charlotte's Coffee House). The new access easement location will allow access from the public road of Cedar Cross to the detention basin facility. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Nate Kieffer, PLS Luke Steger, Engineering Technician Maxwell O'Brien, Water Resources Engineer Masterpiece on the Mississippi Dubuque AII•Ameriea City 11111, 2007*2012.2013 2017*2019 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Acceptance of a Storm Water Detention Basin Access Easement from Drake House South, LLC over property at 3100 Cedar Crest Ridge in Dubuque DATE: July 25, 2024 INTRODUCTION The purpose of this memorandum is to seek acceptance of a Storm Water Detention Basin Access Easement across Part of Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubuque, Iowa. INTRODUCTION The City owns and maintains a storm water detention basin facility in the southwest corner of Cedar Ridge Farm Place No. 4 (located west of Cedar Cross Road with lots on the north and south side of Cedar Crest Ridge). The City has a storm water detention basin easement over the lots on the southern tier of the subdivision to access the facility from Cedar Cross Road for maintenance and repair activities. DISCUSSION The vacant lot at 3100 Cedar Cross is encumbered by the access easement mentioned above. The property owners are planning to develop the currently vacant lot at 3100 Cedar Cross Road into a coffee shop with a drive -through facility (Charlotte's Coffee House). During the site plan review process, it was determined that because of the proposed site grading the existing easement alignment would not be accessible by City/Contractor maintenance equipment. The property owners have agreed to grant a new access easement through the proposed site that will be traversable for maintenance equipment. The new access easement location will allow access from the public road of Cedar Cross to the detention basin facility. The City will use the access easement to facilitate the on -going maintenance of the facility. The property owner, Drake House South, LLC, has executed the Grant of Easement document attached to this memo. The City plans to vacate or release the existing access easement to the property owner after the new easement is accepted and recorded. RECOMMENDATION I recommend accepting the Grant of Storm Water Detention Basin Access Easement through, over and across Part of Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubuque, Iowa, as shown on the exhibits attached to the Grant of Easement. ACTION TO BE TAKEN I respectfully request acceptance of the Grant of Storm Water Detention Basin Access Easement from Drake House South, LLC via the attached resolution. Prepared by Nate Kieffer, PLS cc: Luke Steger, Engineering Technician Maxwell O'Brien, Water Resources Engineer 2 Prepared by: Nate Kieffer, City of Dubuque 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to: Kevin Firnstahl City Clerk, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 235-24 ACCEPTING A GRANT OF STORM WATER DETENTION BASIN ACCESS EASEMENT THROUGH, OVER AND ACROSS PART OF LOT 2 OF CEDAR RIDGE FARM PLACE # 10, IN THE CITY OF DUBUQUE, IOWA Whereas, Drake House South, LLC has executed a Storm Water Detention Basin Access Easement through, over and across Part of Lot 2 of Cedar Ridge Farm Place # 10, 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 Storm Water Detention Basin Access Easement through, over and across Part of Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubuque, Iowa from Drake House South, LLC, 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 5th day of August, 2024. Brad ' a : nagh, Mayor Attest: Adrienne N. Breitfelder, ity Clerk Prepared by: Nate Kieffer, PLS, City of Dubuque, 50 W 13th Street. Dubuque, IA 52001 (563) 589-4270 Return to Nate Kieffer, PLS, City of Dubuque. 50 W 1 511-, Street, Dubuque. IA 52001 (563) 589-4270 GRANT OF STORM WATER DETENTION BASIN ACCESS EASEMENT For and in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Drake House South, LLC 1400 University Ave., Ste. D Dubuque, Iowa 52001 of Dubuque County, State of Iowa, for themselves, their successors, heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, a municipal corporation, its agents and contractors, in perpetuity, from the date hereof, a right-of-way and easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Part of Lot 2 of Cedar Ridge Farm Place # 10, 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 purposes of accessing the existing storm water detention basin facility located on Lot C of Cedar Ridge Farm Place No. 4, City of Dubuque, Iowa, to construct, reconstruct, maintain or repair said facility on said Lot C. Following any construction, reconstruction, maintenance or repair of t h e existing storm water detention basin facility on said Lot C, the City of Dubuque shall restore any disturbed turf area to its original condition, Subsequent property owners, their successors, heirs or assigns shall not erect any structure over or within the easement area that will prevent access along the easement area. Subsequent property owners, their successors, heirs and assigns shall not change the grade, elevation, or contour or perform any construction or excavation that will prevent access along the easement area. 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 construct, reconstruct, maintain or repair the existing storm water detention basin on Lot C of Cedar Ridge Farm Place No. 4, City of Dubuque, Iowa. Said easement shall be binding on all subsequent property owners, their successors, heirs and assigns. DvQU Dated at�� Iowa this e1 �— day of , 2024. U14, 1/6 Cheryl M. Rysk, Member NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this 1 day of cJ , A.D., 2024 before me, the undersigned, a Notary Public in and for saidunty, in said State, personally appeared Cheryl y M. Rusk, 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. _ � e Notary Public In and For Said State TRISHA PETERSEN . Commission Number 842036 My Co mission Expires aw* 3 ) 20 2 EXHIBIT A ACCESS EASEMENT FOR LOT C OF CEDAR RIDGE FARM PLACE NO. 4: ON LOT 2 OF CEDAR RIDGE FARM PLACE NO. 10, in the City of Dubuque, Iowa. INDEX LEGEND Location: Lot 2 of Cedor Ridge Form Place No. 10 5E1/4 of Sec. 34, T89N. R2E (Dubuque TWP) of the 5th P.M., Dubuque County, Iowa Requeslor City of Dubuque, Iowa Proprietor: Drake House South LLC c/o Donald G. Rusk 2052 Hidden Meadow Dr. / Dubuque, IA 52002 Surveyor: Terry L. Koelker Company. Buesing & Associates. Inc. 1212 Locust St., Dubuque, IA 52001 Return To; tlkoelker ibuesing.cam (563) 556-4389 SCALE 1" — 60' 0' 60' ) 20' PREPARED BY: BUESING & ASSOCIATES ADDRESS: 1212 LOCUST STREET, DUBUQUE. IOWA 52001 PHONE. (563) 556-4389 LOT 1 CEDAR RIDGE FARM PLACE #10 91 LOT 6 CEDAR RIDGE FARM PLACE 414 4- .70 l�9 �92 rr'r 1 G r' 40 'r 46" cawa" af, 4a� P c LOT 1-3 J. GEORGE SUB. NOTES 1, ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEROF_ 2_ THIS PLAT 15 SUBJECT TO EASEMENTS OF RECORD AND NOT OF REC0R0. 3. SEE FILE 2015-D0015848 FOR THE PLAT OF SURVEY OF CEDAR RIDGE FARM PLACE NO. 10, AND FILE 12997-01 FOR THE FINAL PLAT OF CEDAR RIDGE FARM PLACE NO. 4. 4. THE ACCESS EASEMENTS FOR LOT C ARE FOR THE INGRESS AND EGRESS TO THE CITY OF DUBUOUE OWNED STORM WATER DETENTION 6ASIN ON LOT C OF CEDAR RIDGE FARM PLACE NO. 4. L LEGEND PROPERTY LINE CENTERLINE EXISTING EASEMENT LINE _J EASEMENT CREATED BY THIS PLAT 9UE4SINNG ENGINEERS allo saaruro25 Ip12 LOCUST ST. DVBOOVL 14 {Scat 555-<369 DRAWN HT: TPL CHECKED ST: SURVEY DATE, PLOT DATE: 6/4/24 DWG, NO. 23126-02 SCALE: AS NOTED SHEET 1 OF 1 Adrienne Breitfelder From: Adrienne Breitfelder Sent: Wednesday, August 7, 2024 3:14 PM To: Kevin Dragotto; Troy Patzner Cc: Nate Kieffer Subject: City of Dubuque - Access Easement from Drake House South, LLC Attachments: Recorded Access Easement_Drake House South, LLC.pdf Hello Kevin and Troy, Attached for your records is a copy of the recorded Grant of Storm Water Detention Basin Access Easement from Drake House South, LLC. This includes a certified copy of the City of Dubuque resolution accepting the easement. Thank you, Adrienne Masterpiece on the Mississippi Adrienne Breitfelder, CMC (she/her) City Clerk I City of Dubuque City Hall 150 W. 13th Street Dubuque, Iowa 52001 0: 563-589-4121 I C: 563-581-6473 00000G i im11nii1maWm11111111111111111111muimuu Doc ID• 011252920006 Type GEN Kind EASEMENT Recorded: 08/06/2024 at 04:07:20 PM Fee Amt: $32.00 Page 1 of 6 Dubuque County Iowa Karol Kennedy Recorder File2024-00007239 Prepared by: Nate Kieffer, PLS, City of Dubuque. 50 W. 130 Street. Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, PLS, City of Dubuque, 50 W 13th Street, Dubuque, IA 52001 (563) 589-4270 GRANT OF STORM WATER DETENTION BASIN ACCESS EASEMENT For and in consideration of One Dollar ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Drake House South, LLC 1400 University Ave., Ste. D Dubuque, Iowa 52001 of Dubuque County, State of Iowa, for themselves, their successors, heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, a municipal corporation, its agents and contractors, in perpetuity, from the date hereof, a right-of-way and easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Part of Lot 2 of Cedar Ridge Farm Place # 10, 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 purposes of accessing the existing storm water detention basin facility located on Lot C of Cedar Ridge Farm Place No. 4, City of Dubuque, Iowa, to construct, reconstruct, maintain or repair said facility on said Lot C. Following any construction, reconstruction, maintenance or repair of t h e existing storm water detention basin facility on said Lot C, the City of Dubuque shall restore any disturbed turf area to its original condition. Subsequent property owners, their successors, heirs or assigns shall not erect any structure over or within the easement area that will prevent access along the easement area. Subsequent property owners, their successors, heirs and assigns shall not change the grade, elevation, or contour or perform any construction or excavation that will prevent access along the easement area. D b 2 614fer 26° 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 construct, reconstruct, maintain or repair the existing storm water detention basin on Lot C of Cedar Ridge Farm Place No. 4, City of Dubuque, Iowa. Said easement shall be binding on all subsequent property owners, their successors, heirs and assigns. Dated at giDAV2'61 , Iowa this / r , day of J 2024. NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this / day of c.� , A.D., 2024 before me, the undersigned, a Notary Public in and for said C unty, in said State, personally appeared Cheryl M. Rusk, 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 PL TRISHA PETERSEN o x Commission Number 642036 ,. My Commission Expires owe 8131I2025 EXHIBIT A ACCESS EASEMENT FOR LOT C OF CEDAR RIDGE FARM PLACE NO. 4: ON LOT 2 OF CEDAR RIDGE FARM PLACE NO. 10, in the City of Dubuque, Iowa. INDEX LEGEND Locotion: Lot 2 of Cedor Ridge Form Ploce No. 10 SE1/4 of Sec. 34, T89N, R2E (Dubuque TWP) of the 5th P.M., Dubuque County, lowo Requestor: City of Dubuque, lowo Proprietor: Drake House South LLC c/o Donold G. Rusk 2052 Hidden Meadow Dr. / Dubuque, IA 52002 Surveyor: Terry L. Koelker Company: Buesing & Associotes, Inc. 1212 Locust St., Dubuque, IA 52001 Return To: tIkoelker®buesing.com (563) 556-4389 PREPARED BY: BUESING & ASSOCIATES ADDRESS: 1212 LOCUST STREET, DUBUQUE, IOWA 52001 PHONE: (563) 556-4369 SCALE 1" = 60' 0' 60' 120' LOT 1 CEDAR RIDGE FARM PLACE #10 �l LOT 6 CEDAR RIDGE FARM PLACE N4 /y eT� 4 i' C71 ci, i'�/ G6r'ci / pG O 65S LOT 1-3 J. GEORGE SUB. .t0 Co LEGEND PROPERTY LINE CENTERLINE EXISTING EASEMENT LINE L_ - EASEMENT CREATED BY THIS PLAT NOTES 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEROF. 2. THIS PLAT IS SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD. 3. SEE FILE 2015-00015848 FOR THE PLAT OF SURVEY OF CEDAR RIDGE FARM PLACE NO. 10. AND FILE 12997-01 FOR THE FINAL PLAT OF CEDAR RIDGE FARM PLACE NO. 4. 4. THE ACCESS EASEMENTS FOR LOT C ARE FOR THE INGRESS AND EGRESS TO THE CITY OF DUBUQUE OWNED STORM WATER DETENTION BASIN ON LOT C OF CEDAR RIDGE FARM PLACE NO. 4. UEASIINNG ENGINEERS AND SURVEYORS 1212 LOCUST ST. DUBUQUE, IA (563) 556-4389 DRAWN RY: TPL CHECKED BY: SURVEY DATE: PLOT DATE: 6/4/24 DWG. N0. 23126-02 SCALE: AS NOTED SHEET 1 OF 1 Prepared by: Nate Kieffer, City of DUbuque, 50 W. 13'" Street, Dubuque, IA 52001 (563) 589-4270 Return to: Kevin Fimstahl City Clerk, City of Dubuque, 50 W. 13'" Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 235-24 ACCEPTING A GRANT OF STORM WATER DETENTION BASIN ACCESS EASEMENT THROUGH, OVER AND ACROSS PART OF LOT 2 OF CEDAR RIDGE FARM PLACE # 10, IN THE CITY OF DUBUQUE, IOWA Whereas, Drake House South, LLC has executed a Storm Water Detention Basin Access Easement through, over and across Part of Lot 2 of Cedar Ridge Farm Place # 10, 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 Storm Water Detention Basin Access Easement through, over and across Part of Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubuque, Iowa from Drake House South, LLC, 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 5th day of August, 2024. Brad nagh, Mayor Attest: nne N. Breitfelder it Adrie y 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. 235-24 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 6 day of August 2024. Adrienne N. Breitfelder, City Clerk .�brr SEAL -jar" 1: % , - /tie,/ ./...