Davis Place_Acceptance of Temporary Easement for Grading and Construction Copyright 2014
City of Dubuque Consent Items # 16.
ITEM TITLE: Acceptance of Temporary Easement for Grading and Construction and a
Permanent Easement for Sanitary Sewer from Davis Place LLC
SUMMARY: City Manager recommending acceptance of a temporary easement for
grading and construction and a permanent easement for sanitary sewer
from The Davis Place LLC.
RESOLUTION Accepting a Grant of Temporary Easement for Grading and
Construction and Permanent Easement for Sanitary Sewer Through, Over
and Across Part of Lot 3 in Davis Place II, in the City of Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ Davis Place LLC Acceptance of Temporary Easement-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Resolution Resolutions
❑ Grant of Easement Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of Temporary Easement for Grading and Construction and a
Permanent Easement for Sanitary Sewer from the Davis Place LLC for
Property on Garfield Avenue in Dubuque
DATE: March 31, 2015
Plans for the Upper Bee Branch Creek Project include installation of sanitary sewer
main through the southern portion of the residential property at 511 Garfield Avenue
owned by Davis Place LLC. The City has negotiated with the owner for an easement to
facilitate the construction and on-going maintenance of the utility. The City of Dubuque
will own and maintain the utility extension.
City Engineer Gus Psihoyos recommends City Council acceptance of a temporary
easement for grading and construction and a permanent easement for sanitary sewer
from The Davis Place LLC.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
Dubuque Engineering Department
THE CITY OF 50 W. 13`h Street
Ap Ame�icaC�Y Dubuque,IA 52001
DUB
E 1 Office(563)9-420570
l I �. Fax(563)589-4205
TDD(563)556-9948
Mastefpiece on the Mississippi xur•2012,201,3 engineer@cityofdubuque.org
www.cityofdubuque.org
TO: Michael C. Van Milligen, City Manager
1
FROM: Gus Psihoyos, City Engineer_.
SUBJECT: Acceptance of Temporary Easement for Grading and Construction and a Permanent
Easement for Sanitary Sewer from the Davis Place LLC for Property on Garfield Ave. in
Dubuque
DATE: March 23, 2015
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a temporary easement for grading and
construction and a permanent easement for sanitary sewer across Part of Lot 3 in Davis Place II, in the
City of Dubuque.
DISCUSSION
Plans for the Upper Bee Branch Creek Project include installation of sanitary sewer main through the
southern portion of the residential property at 511 Garfield Avenue. The property is described at Lot 3
in Davis Place II in the City of Dubuque and is owned by Davis Place LLC. The City has negotiated
with the owner for easement to facilitate the construction and on-going maintenance of the utility. The
City of Dubuque will own and maintain the utility extension.
RECOMMENDATION
I recommend accepting the Grant of Temporary Easement for Grading and Construction and
Permanent Easement for Sanitary Sewer through, over and across Part of Lot 3 in Davis Place II, as
shown on Exhibit A on the attached Grant of Easement.
ACTION TO BE TAKEN
I respectfully request accepting the Grant of Temporary Easement for Grading and Construction and
Permanent Easement for Sanitary Sewer from The Davis Place LLC.
Prepared by Nate Kieffer, PLS
cc: John Klosterman, Public Works Supervisor
Don Vogt, Public Works Manager
Steve Sampson Brown, Project Engineer
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. 97-15
ACCEPTING A GRANT OF TEMPORARY EASEMENT FOR GRADING AND
CONSTRUCTION AND PERMANENT EASEMENT FOR SANITARY SEWER
THROUGH, OVER AND ACROSS PART OF LOT 3 IN DAVIS PLACE II, IN THE
CITY OF DUBUQUE, IOWA
Whereas, The Davis Place LLC has executed a Temporary Easement for
Grading and Construction and a Permanent Easement for Sanitary Sewer through,
over and across Part of Lot 3 in Davis Place II, in the City of Dubuque, 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 Temporary Easement for Grading and
Construction and a Permanent Easement for Sanitary Sewer through, over and
across Part of Lot 3 in Davis Place II, in the City of Dubuque, in the City of
Dubuque, Dubuque County, Iowa from Davis Place 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.
Passed, approved and adopted this 6th day of April, 2015.
Attest:
Trish Gleason, Assistant City Clerk
D. Buol, Mayor
Tax Address Statement:The Davis Place LLC,511 Garfield Ave.,Dubuque,IA 52001 (563)599-4077
TEMPORARY GRADING AND CONSTRUCTION EASEMENT AND
PERMANENT SANITARY SEWER CONSTRUCTION AND MAINTENANCE EASEMENT
For and in consideration of the sum of two thousand seven hundred ninety three dollars and fifty six cents
($2,793.56)and other good and valuable consideration,the receipt whereof is hereby acknowledged,
The Davis Place LLC(Grantor)
511 Garfield Avenue
Dubuque, Iowa 52001
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,
in perpetuity, from the date hereof, a temporary construction easement for the Upper Bee Branch Creek
Project through, under and across the following described real estate situated in Dubuque, Iowa,to wit:
Lot 3, Davis Place II,all in the City of Dubuque, Dubuque County, Iowa
Said easements shall be as shown on the attached document titled: 511 Garfield Permanent and Tema
Construction Easement Exhibit dated 09/05/2014 and Plat No. 9-1A-14 dated 12-15-14 both prepared by
IIW, P.C.and for the purpose of:
1) Constructing a sanitary sewer interceptor as part of the Upper Bee Branch Creek Project in
accordance with the plans and specifications on file in the office of the City Engineer.
2) Maintaining the constructed works.
It is understood and agreed that the Grantee herein shall protect existing structures,pavement&utilities.
Grantor shall not erect any structure,in the easement area that will inhibit the access of the Grantee.
Grantee shall notify Grantor when the easement will be utilized; providing an approximate beginning and
end dates. Grantor shall not park or store equipment within the easement during the specified period of use
by Grantee
Grantor shall not change the grade, elevation, contour or perform any construction or excavation in
easement area that will inhibit Grantee's access and the ability to use the easement that is in place without
prior written approval of the Grantee.
It is understood and agreed that the Grantee herein shall restore the areas that may become disturbed
or damaged upon completion of the construction project, and the temporary construction easement shall
terminate.
Said Temporary Grading and Construction Easement contains approximately 1887 square feet(043. acres)
of land, more or less and shall be as shown on the attached Easement Exhibit dated December 15, 2014,
for the purpose of constructing a sanitary sewer according to the plans and specifications on file in the office
of the City Engineer for the Upper Bee Branch Creek Project.
Said Permanent Sanitary Sewer Construction and Maintenance Easement contains approximately 1,741
square feet(0.4 acres)of land, more or less and shall be as shown on the attached Easement Exhibit dated
December 15,2014,for the purpose of constructing and maintaining a sanitary sewer according to the plans
and specifications on file in the office of the City Engineer for the Upper Bee Branch Creek Project.
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 during thereon or therein.
Dated at Dubuque, Iowa this 7V( day of -YV604 2015.
J in Potter(The Davis Place LLC)
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this 12-'%\' _ day of Mo-neJN, A.D., 2015 before me, the undersigned, a Notary Public in
and for said County, in said State, personally appeared Justin Potter 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.
COMM189106 plumber men Notary lic In and F aid State
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PREPARED BY. IIW, P.C. 4155 PENNSYLVANIA AVE DUBUQUE, IOWA (563) 555-2464 -
EASEMENT EXHIBIT
A 10 FOOT WIDE SANITARY SEWER EASEMENT & A
TEMPORARY CONSTRUCTION EASEMENT ACROSS LOT 3,
DAVIS PLACE 1I, IN THE CITY OF DUBUQUE, IOWA
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LEGEND
GRAPHIC SCALE PARCEL BOUNDARY
0 30 60
— EASEMENT LINE
® PERMANENT EASEMENT AREA
1" = 30' ® TEMPORARY EASEMENT AREA
DRAWING MAY HAVE BEEN REDUCED ( ) RECORD INFORMATION
AREA:
ARCHITECNRE
PERMANENT SANITARY SEWER EASEMENT= 1741 SQ. FT. CNILENGINEERING
COHGTRUCTIGN SERVICES
TEMPORARY CONSTRUCTION EASEMENT= 1887 SQ. FT. ENVRGNM1,ENTAL ENGWEERING
LAND GURVMNG
MUNICIPALEN-EERING
RREGRRY.EI(PERTISE.SOLU110N5 STRUCTUML EIIGINEERING
PROPRIETOR: THE DAVIS PLACE LLC RANSPORTAT10N ERGINEERItIG
PREPARED FOR: CITY OF DUBUQUE DRAWN JJB PLAT NO. 9—IA-14
DATE PREPARED: DECEMBER 15, 2014 CHECKED CLO PROJ. N0.06169
DATE 12-15-14 ISHEET 1o1 2
P: 06\169\169-02\DRAVANDS\SUR\06169 DANS EASEMEN
PREPARED BY. IIW. P.C. 4155 PENNSYLVANIA AVE DUBUQUE, IOWA (563) 556-2464
EASEMENT EXHIBIT
A 10 FOOT WIDE SANITARY SEWER EASEMENT & A
TEMPORARY CONSTRUCTION EASEMENT ACROSS LOT 3,
DAVIS PLACE U, IN THE CITY OF DUBUQUE, IOWA
PERMANENT SANITARY SEWER EASEMENT:
The southwesterly 10.00 feet of Lot 3 of Davis Place II, in the City of
Dubuque, Iowa.
TEMPORARY CONSTRUCTION EASEMENT:
Commencing at the southwest corner of Lot 3 of Davis Place II, in the City
of Dubuque, Iowa;
Thence on an assumed bearing of North 44 degrees 21 minutes 05 seconds
East along the northwesterly line of said Lot 3, 10.18 feet to the Point of
Beginning;
Thence continuing North 44 degrees 21 minutes 05 seconds East along said
northwesterly line 20.36 feet;
Thence South 56 degrees 21 minutes 32 seconds East 56.75 feet;
Thence South 33 degrees 00 minutes 00 seconds West 15.00 feet;
Thence South 56 degrees 21 minutes 32 seconds East 102.34 feet;
Thence North 33 degrees 00 minutes 00 seconds East 15.00 feet;
Thence South 56 degrees 21 minutes 32 seconds East 10.00 feet to the
southeasterly line of said Lot 3;
Thence South 33 degrees 00 minutes 00 seconds West along said
southeasterly line 20.00 feet to a point 10.00 feet perpendicular distant
from the southeast corner of said Lot 3;
Thence North 56 degrees 21 minutes 32 seconds West parallel with the
southwesterly line of said Lot 3, 173.10 feet to the Point of Beginning.
ARCHITECTURE
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DRAWN JJB PLAT NO. 9—IA-14
CHECKED CLO PROJ. NO.06169
DATE 12-15-14 SHEET 2 of 2
N06\169\169-02\MABINOS\SUR\06169 OAVISEASDAEN