Storm Sewer Easement Acceptance - 328 Monroe Street_Rebman's Subdivision Copyright 2014
City of Dubuque Consent Items # 16.
ITEM TITLE: Storm Sewer Easement Acceptance - 328 Monroe Street
SUMMARY: City Manager recommending acceptance of a permanent easement for
storm sewer across a portion of residential property at 328 Monroe Street.
RESOLUTION Accepting a Grant of Permanent Easement for Storm
Sewer Through, Over and Across Part of Lot 43 In Rebman's Subdivision,
in the City of Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ Acceptance of Storm Sewer Easement Over 328 Monroe-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Resolution Resolutions
❑ Grant of Easement for Storm Sewer Supporting Documentation
❑ Exhibit 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 a Permanent Easement for Storm Sewer from Richard and
Gina Miller over Property at 328 Monroe Street in Dubuque
DATE: May 12, 2015
Plans for the upcoming SRF Green Alley project include some minor storm sewer
improvements along the alley off of Monroe Street over a portion of the residential
property at 328 Monroe Street owned by Richard and Gina Miller. The City has
negotiated with the owners for an easement to facilitate the construction and on-going
maintenance of the utility. The City of Dubuque will own and maintain the new storm
sewer utility.
City Engineer Gus Psihoyos recommends City Council acceptance of a permanent
easement for storm sewer across a portion of residential property at 328 Monroe Street.
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. 131h Street
All-America City Dubuque,IA 52001
DOfficeT T� � ' (563)589-4270
LJ 11111'r Fax(563)589-4205
TDD(563)556-9948
Masterpiece on the Mississippi 2007.2012.2013 engineer@cityofdubuque.org
www.cityofdubuque.org
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer °_'S'
SUBJECT: Acceptance of a Permanent Easement for Storm Sewer from Richard and Gina Miller
over property at 328 Monroe Street in Dubuque
DATE: May 13, 2015
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a permanent easement for storm sewer
across Part of Lot 43 in Rebman's Subdivision, in the City of Dubuque.
DISCUSSION
Plans for the upcoming SRF Green Alley Project include some minor storm sewer improvements along
the alley off of Monroe Street (alley southwest of Fulton Street) over a portion of the residential property
at 328 Monroe Street. The property is described at Lot 43 in Rebman's Subdivision, and is owned by
Richard and Gina Miller. 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
new storm sewer utility.
RECOMMENDATION
I recommend accepting the Grant of Permanent Easement for Storm Sewer through, over and across
Part of Lot 43 in Rebman's Subdivision, as shown on the exhibits attached to the Grant of Easement.
ACTION TO BE TAKEN
I respectfully request accepting the Grant of Permanent Easement for Storm Sewer from Richard and
Gina Miller.
Prepared by Nate Kieffer, PLS
cc: John Klosterman, Public Works Supervisor
Don Vogt, Public Works Manager
Jon Dienst, Civil Engineer 11
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. 162-15
ACCEPTING A GRANT OF PERMANENT EASEMENT FOR STORM SEWER
THROUGH, OVER AND ACROSS PART OF LOT 43 IN REBMAN'S
SUBDIVISION, IN THE CITY OF DUBUQUE, IOWA
Whereas, Richard R. and Gina M. Miller have executed a Permanent
Easement for Storm Sewer through, over and across Part of Lot 43 in Rebman's
Subdivision, 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 Permanent Easement for
Storm Sewer through, over and across Part of Lot 43 in Rebman's Subdivision, in
the City of Dubuque, Dubuque County, Iowa from Richard R. and Gina M. Miller,
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 18th day of May, 2015.
Lynn V. Sutton, Mayor Pro Tem
IIIII 1 H 11 H I llIll I IIi
Doc ID. 008243280005 Type. GEN
Kind: EASEMENT
Recorded: 05/21/2015 at 04:05:29 PM
Fee Amt: $27.00 Pape 1 of 5
Dubuque County Iowa
John Murphy Recorder
File2015-00006248
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. 13th Street, Dubuque, IA 52001 (563) 589-4270
GRANT OF EASEMENT FOR STORM SEWER
For and in consideration of the sum of One Thousand Five Hundred Dollars and
00/100s ($1,500.00) and other good and valuable consideration, the receipt
whereof is hereby acknowledged,
Richard R. and Gina M. Miller
37 Meadow Lane
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 43 in Rebman's Subdivision, 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 storm 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.
Following any construction, maintenance or repair of said storm sewer, 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 without obtaining the prior written
consent of the City Engineer.
21°" C - C¢w lc_
Subsequent property owners, their successors, heirs and assigns shall not
change the grade, elevation, or contour or perform any construction or
excavation that will diminish the lateral support of said storm sewer 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, remodel or repair said storm
sewer thereon or therein. Said easement shall be binding on all subsequent
property owners, their successors, heirs and assigns.
Dated at .6 aatiekf/E , Iowa this 77i day of /fl+'9)1 , 2015.
R. ,Miller
Gina M. Miller
NOTARY PUBLIC
STATE OF IOWA,
tap
COUNTY OF DUBUQUE, SS:
On this 4774 day of M -'`i'/ , A.D., 2015 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared
Richard R. Miller and Gina M. Miller 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,� RUSSELL N KIEFFER
z° 1��p t Commission Number 778626.
• • Nike • My Commission Expires
Ma 24 2016
Notary Public In and For Said State
PREPARED BY: Dan Hingtgen, L.S. 14052
WHKS & co.
1701 Route 35 North East Dubuque, IL 61025 Tel. (815) 747-8833
EXHIBIT A
for
A PERMANENT UTILITY EASEMENT LOCATED IN LOT 43 IN WILLIAM REBMAN'S
SUBDIVISION OF MINERAL LOT 318 IN THE CITY OF DUBUQUE, IOWA
PROPERTY OWNER:
RICHARD R. Sc GINA M. MILLER
SURVEY REQUESTED BY:
CITY OF DUBUQUE
FIELD SURVEY CONDUCTED ON:
7/31/14
0
44
0
0
—
0
0
0
(124 )
X0ct
0
M°N
RpFs
2)
43
62.00'
-s
0
0
45
46
62.00'
-s
0
0
62.00'
- 0
o
20.0'
-5
0
0
0
0
(124)
47
SCALE 1" = 40'
0 10' 20' 40'
20.0'
2-42
co
� o
0
42
EASEMENT DESCRIPTION /
A PERMANENT UTILITY EASEMENT LOCATED
IN LOT 43 IN WILLIAM REBMAN'S SUBDIVISION
OF MINERAL LOT 318 IN THE CITY OF
DUBUQUE, IOWA, AS SHOWN ON THIS
EXHIBIT AND MORE COMPLETELY
DESCRIBED AS FOLLOWS:
The North 10.00 feet of the South 41.00
feet of Lot 43 of William Rebman's
Subdivision in the City of Dubuque, Iowa.
2-41
1-42
(62)
(124 )
40
41----
1-41
(62)
0
LEGEND
O FOUND CORNER
(as Called Out on Plat)
15.0' FIELD MEASUREMENT
(15.0) PREVIOUSLY RECORDED
PERMANENT UTILITY
EASEMENT
(124)
39
132W_S N011flz
AREA BREAKDOWN
PERMANENT EASEMENT
620 Square. Feet
,,,,i►, u u ,,,,,�
ENGR. &
Q\c . . O
: DANIEL J. •.
z: HINGTGEN :,moi
1-8 14052 : -r -
.
i••`
, * ••. •' <
•
/0 WA' ,`,,
I hereby certify that this land surveying document was
prepared and the related survey work was performed by
me or under my direct personal supervision and that I
am a duly lick sed Land Surveyor under the laws of the
State of . o
Dan Hingtgen
License ner:
Surveyor Date
14052
My registration renewal date is December 31,, 2016
Pages or sheets covered by this seal- / (0")e)
EXHIBIT A
Drawn by. 0J1-1 Project No.:7955.00
Drawing Date: 4/02/15
Drawing Name: K.. \7955.00 — Green A//eys\Easement\
Green A//eys. dwg
engineers + planners + land surveyors
SHEET 1 of 1
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. 162-15
ACCEPTING A GRANT OF PERMANENT EASEMENT FOR STORM SEWER
THROUGH, OVER AND ACROSS PART OF LOT 43 IN REBMAN'S
SUBDIVISION, IN THE CITY OF DUBUQUE, IOWA
Whereas, Richard R. and Gina M. Miller have executed a Permanent
Easement for Storm Sewer through, over and across Part of Lot 43 in Rebman's
Subdivision, 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 Permanent Easement for
Storm Sewer through, over and across Part of Lot 43 in Rebman's Subdivision, in
the City of Dubuque, Dubuque County, Iowa from Richard R. and Gina M. Miller,
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 18th day of May, 2015.
Attest:
Kevintt. Firnstahl,CM ity Clerk
4
Lynn V. Sutton, Mayor Pro Tem
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. 162-15 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 19th day of May, 2015.
Kevi S. Firnstah , C C City Clerk