Davis Place - Permanent Shoring System Anchoring EasementCopyright 2014
City of Dubuque Consent Items # 23.
ITEM TITLE: Davis Place - Permanent Shoring System Anchoring Easement
SUMMARY: City Manager recommending acceptance of a Permanent Shoring System
Anchoring Easement across a portion of 511 Garfield Avenue that will
facilitate the construction and on-going maintenance of the utility.
RESOLUTION Accepting a grant of permanent shoring system anchoring
easement 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
El City
of Permanent Shoring System Anchoring Easement -MVM City Manager Memo
Memo
❑ Staff Memo Staff Memo
❑ Resolution Resolutions
❑ Permanent Shoring System Anchoring Easement Supporting Documentation
THE CITY OF
Dui
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
band
AI -America City
r
2007 • 2012 • 2013
SUBJECT: Acceptance of Permanent Shoring System Anchoring Easement from The
Davis Place LLC for Property on Garfield Avenue in Dubuque
DATE: June 29, 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 The Davis Place LLC. The City recently obtained as easement from the
owner for a sanitary sewer through the property. A shoring system is required to be
installed during the construction of said sanitary sewer. This additional easement will
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 Permanent
Shoring System Anchoring Easement across a portion of 511 Garfield Avenue.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Ws,
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
THE CITY OF a i-
bletd
DUB1jJE M-AmedcaCity
'I 1'
Masterpiece on the Mississippi 2007.2012.2013
Dubuque
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
Engineering Department
50 W. 13th Street
Dubuque, IA 52001
Office (563) 589-4270
Fax (563) 589-4205
TDD (563)556-9948
engineer@cityadubuque.org
www.cityofdubuque.org
SUBJECT: Acceptance of Permanent Shoring System Anchoring Easement from The Davis Place
LLC for Property on Garfield Ave. in Dubuque
DATE: June 22, 2015
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a Permanent Shoring System Anchoring
Easement 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 The Davis Place LLC. The City recently
obtained as easement from the owner for a sanitary sewer through the property. A shoring system is
required to be installed during the construction of said sanitary sewer. This additional easement will
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 Permanent Shoring System Anchoring Easement 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 Permanent Shoring System Anchoring Easement 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. 218-15
ACCEPTING A GRANT OF PERMANENT SHORING SYSTEM ANCHORING
EASEMENT 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 Permanent Shoring System
Anchoring Easement 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 Permanent Shoring System Anchoring Easement
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 July, 2015.
Attest:
Kevin Firnstahl, City Clerk
Tax Address Statement: The Davis Place LLC, 511 Garfield Ave., Dubuque, IA 52001 (563) 599-4077
PERMANENT SHORING SYSTEM ANCHORING EASEMENT
For and in consideration of the sum of three thousand eight hundred seventy-eight dollars and fifty-five
cents ($3,878.55) 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 permanent shoring and anchoring system 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 Shoring
System Anchorins Easement Exhibit dated 06/11/2015 and Plat No. 17-1A-15 dated 6-11-15 both prepared
by IIW, P.C. and for the purpose of:
1) Constructing a shoring system with horizontal anchors 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) Abandoning the shoring system anchors in place.
It is understood and agreed that the Grantee herein shall protect, existing structures, pavement & utility
services in the easement area.
Grantee shall notify Grantor when 'the -easement will -be -utilized. providing an approximate beginning and
end dates.
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.
Said Permanent Shoring System Anchoring Easement contains approximately 6,038 square feet (0.14
acres) of land, more or less and shall be as shown on the attached Easement Exhibit dated June 2, 2015,
for the purpose of constructing and abandoning the shoring system anchors 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 1 j Til day of J Ui' , 2015.
NOTARY PUBLIC
STATE OF IOWA,
Potter (The Davis Place LLC)
COUNTY OF DUBUQUE, SS:
On this /9 day of _, 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 an. deed.
ME,HAN HURST
Cornet ion Ni:mber 774000
My Co iss o E fres
7/21
Public In and For Said State
PREPARED 8Y: IIW, P.C. 4155 PENNSYLVANIA AVE DUBUQUE, IOWA (563) 556-2464
EASEMENT EXHIBIT
A 45 FOOT WIDE PERMANENT SHORING EASEMENT
ACROSS LOT 3, DAVIS PLACE II, IN THE CITY OF
(N3810'39"E 12.04') DUBUQUE, IOWA
LIMITS OF PERMANENT
SHORING EASEMENT
SOUTH LINE OF
LOT 3 OF
DAVIS PLACE II
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LIMITS OF PERMANENT
SHORING EASEMENT
RECORD DISTANCES WERE TAKEN FROM
DOCUMENT NO. 5367-02 FILED 3/19/02
IN DUBUQUE COUNTY RECORDERS OFFICE.
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NORTH
GRAPHIC SCALE
0 30 60
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DRAWING MAY HAVE BEEN REDUCED
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— - - — PARCEL BOUNDARY
- • • — • • - EASEMENT LINE
WWI I I I PERMANENT EASEMENT AREA
( ) RECORD INFORMATION
AREA:
PERMANENT SHORING EASEMENT= 7605 SQ. FT.
PROPRIETOR: THE DAVIS PLACE LLC
PREPARED FOR: CITY OF DUBUQUE
DATE PREPARED: JUNE 17, 2015
SCLL'l•
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PLAT NO. 17--IA--15
PROJ. NO. 06169
DATE 06-17-15 SHEET 1 of 2
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PREPARED BY:
IIW, P.C.
4155 PENNSYLVANIA AVE
DUBUQUE, IOWA (553) 556-2464
EASEMENT EXHIBIT
A 45 FOOT WIDE PERMANENT SHORING EASEMENT
ACROSS LOT 3, DAVIS PLACE II, IN THE CITY OF
DUBUQUE, IOWA
PERMANENT SHORING 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, 8.14 feet to the Point of
Beginning;
Thence continuing North 44 degrees 21 minutes 05 seconds East along said
northwesterly line 43.76 feet;
Thence North 38 degrees 10 minutes 39 seconds East along said
northwesterly line 2.01 feet;
Thence South 56 degrees 21 minutes 32 seconds East 164.70 feet to the
southeasterly line of said Lot 3;
Thence South 33 degrees 00 minutes 00 seconds West along said
southeasterly line 45.00 feet;
Thence North 56 degrees 21 minutes 32 seconds West parallel with the
southwesterly line of said Lot 3, 173.50 feet to the Point of Beginning.
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Doc ID 008276540006 Type GEN
Kind: EASEMENT
Recorded: 07/08/2015 at 04:01:28 PM
Fee Amt: $32.00 Pape 1 of 6
Dubuque County Iowa
John Murphy Recorder
File2015-00008841
Prepared by
and Return to: Nate Kieffer, 50 W. 13th St., Dubuque, IA 52001 (563)589-4270
Tax Address Statement: The Davis Place LLC, 511 Garfield Ave., Dubuque, IA 52001 (563) 599-4077
PERMANENT SHORING SYSTEM ANCHORING EASEMENT
For and in consideration of the sum of three thousand eight hundred seventy-eight dollars and fifty-five
cents ($3,878.55) 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 permanent shoring and anchoring system 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 11, all in the City of Dubuque, Dubuque County, Iowa
Said easements shall be as shown on the attached document titled: 511 Garfield, Permanent Shoring
System Anchoring Easement Exhibit dated 06/11/2015 and Plat No. 17-1A-15 dated 6-11-15 both prepared
by MW, P.C.and for thepurpose of
1) Constructing a shoringsystem with horizontal anchors 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.
) Abandoning the shoring system anchors in place.
It is understood and agreed that the Grantee herein shall protect, existing structures, pavement & utility
services in the easement area. f>
{
Grantee shall notify Grantor when 'the -easement -will -be -utilized; -providing an approximate beginning and
end dates.
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.
Said Permanent Shoring System Anchoring Easement contains approximately 6,038 square feet (0.14
acres) of land, more or Tess and shall be as shown on the attached Easement Exhibit dated June 2, 2015,
for the purpose of constructing and abandoning the shoring system anchors according to the plans and
specifications on file in the office of the City Engineer for the Upper Bee Branch Creek Project.
2
G)Ci-h Cie
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 1 day of c take , 2015.
NOTARY PUBLIC
STATE OF IOWA,
Potter (The Davis Place LLC)
COUNTY OF DUBUQUE, SS:
On this /9 day of i , 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 anc1 deed.
MEGHAN HURS T
Commission Number 774000
My Col rnissioitEtas
Public In and For Said State
PREPARED BY:
IIW, P.C.
4155 PENNSYLVANIA AVE
DUBUQUE, IOWA
(563) 556-2464
EASEMENT EXHIBIT
A 45 FOOT WIDE PERMANENT SHORING EASEMENT
ACROSS LOT 3, DAVIS PLACE II, IN THE CITY OF
(N38.10'39"E 12.04') DUBUQUE, IOWA
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•
LIMITS OF PERMANENT
SHORING EASEMENT
7
SOUTH LINE OF
LOT 3 OF
DAVIS PLACE II
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LIMITS OF PERMANENT
SHORING EASEMENT
RECORD DISTANCES WERE TAKEN FROM
DOCUMENT NO. 5367-02 FILED 3/19/02
IN DUBUQUE COUNTY RECORDERS OFFICE.
.,,InIIIIII�IIIII�utl..
NORTH
GRAPHIC SCALE
0 30
60
1"=30'
DRAWING MAY HAVE BEEN REDUCED
LEGEND
- - - - PARCEL BOUNDARY
- • • - • • - EASEMENT LINE
U PERMANENT EASEMENT AREA
) RECORD INFORMATION
AREA:
PERMANENT SHORING EASEMENT= 7605 SQ. FT.
PROPRIETOR: THE DAMS PLACE LLC
PREPARED FOR: CITY OF DUBUQUE
DATE PREPARED: JUNE 17, 2015
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DRAWN SJC PLAT NO. 17 -IA -15
CHECKED CLG PROJ. NO. 06169
DATE 06-17-15 SHEET 1of 2
P:\06\169\169-02\DRAWINGS\SUR\06169 DAVIS SHORING
PREPARED BY:. IIW, P.C. 4155 PENNSYLVANIA AVE DUBUQUE, IOWA (563) 556-2464
EASEMENT EXHIBIT
A 45 FOOT WIDE PERMANENT SHORING EASEMENT
ACROSS LOT 3, DAVIS PLACE II, IN THE CITY OF
DUBUQUE, IOWA
PERMANENT SHORING 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, 8.14 feet to the Point of
Beginning;
Thence continuing North 44 degrees 21 minutes 05 seconds East along said
northwesterly line 43.76 feet;
Thence North 38 degrees 10 minutes 39 seconds East along said
northwesterly line 2.01 feet;
Thence South 56 degrees 21 minutes 32 seconds East 164.70 feet to the
southeasterly line of said Lot 3;
Thence South 33 degrees 00 minutes 00 seconds West along said
southeasterly line 45.00 feet;
Thence North 56 degrees 21 minutes 32 seconds West parallel with the
southwesterly line of said Lot 3, 173.50 feet to the Point of Beginning.
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NECKED CLG PROJ. NO. 06169
DATE 06-17-15 SHEET 2 of 2
P:\06\169\169-02\DRAWINGS\SUR\06169 DANS SHORING
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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. 218-15
ACCEPTING A GRANT OF PERMANENT SHORING SYSTEM ANCHORING
EASEMENT 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 Permanent Shoring System
Anchoring Easement 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 Permanent Shoring System Anchoring Easement
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 July, 2015
Attest:
Kevin Fimstahl, City Cler
Roy D. Buol, Mayor
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
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. 218-15 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 7th day of July, 2015.
Kevi6i S. Firnstahl, `CMC ei y Clerk