Acceptance of Grant of Easement - M-M&M, LLC Copyright 2014
City of Dubuque Consent Items # 14.
ITEM TITLE: Acceptance of Grant of Easement - M-M&M, LLC
SUMMARY: City Manager recommending acceptance of a Grant of Sanitary Sewer
Force Main Easement through, over and across property owned by Phil
Mihilakis of M-M&M LLC at 468 East 12th Street.
RESOLUTION Accepting a Grant of Easement for Sanitary Sewer Force
Main Through, Over And Across Part of Lot 501 and the East 404' of
Outlot 501 , in the City of Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ Acceptance of Grant of Sanitary Sewer Force Main Easement over 468 City Manager Memo
East 12th Street
❑ Staff Memo Staff Memo
❑ Resolution Resolutions
❑ Grant of Easement for Sanitary Sewer Force Main Supporting Documentation
❑ Easement Exhibit A 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 Grant of Sanitary Sewer Force Main Utility Easement
over M-M&M LLC Property at 468 East 12th Street in Dubuque, Iowa
30 Inch Force Main Relocation Project — Phase II in Dubuque, Iowa
DATE: August 10, 2015
City Engineer Gus Psihoyos recommends City Council acceptance of a Grant of
Sanitary Sewer Force Main Easement through, over and across property owned by Phil
Mihilakis of M-M&M LLC at 468 East 12th Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael 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
ICU sN���C Dubuque, 5
2001
Office(563)3)589-49-4
270
I I, Fax(563)589-4205
TDD(563)556-9948
Masterpiece on the Mississippi Zoo;•2012.2013 engineer@cityofdubuque.org
www.cityofdubuque.org
TO: Michael C. Van Milligen, City Mana er
FROM: Gus Psihoyos, City Engineer
SUBJECT: Acceptance of a Grant of Sanitary Sewer Force Main Utility Easement over M-M&M LLC
Property at 468 East 12th Street in Dubuque, Iowa
30 inch Force Main Relocation Project- Phase II in Dubuque, Iowa
DATE: August 5, 2015
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a permanent easement for sanitary sewer
force main across part of Lot 501 and the East 404' of Outlot 501 in the City of Dubuque, Iowa;
DISCUSSION
Plans for Phase II of the 30 inch Force Main Relocation Project include installation of sanitary sewer
force main'thru a portion of the property at 468 East 12th Street. The property is described as Lot 501
and the East 404' of Outlot 501 in the City of Dubuque, Iowa, and is owned by Phil Mihilakis of M-M&M
LLC. The City has negotiated with the owner for an easement to facilitate the construction and on-
going maintenance of the sanitary sewer force main. The City of Dubuque will own and maintain the
new sanitary sewer force main.
RECOMMENDATION
I recommend accepting the Grant of Sanitary Sewer Force Main Easement through, over and across
part of Lot 501 and the East 404' of Outlot 501 in the City of Dubuque, Iowa, as shown on the exhibits
attached to the Grant of Easement.
ACTION TO BE TAKEN
I respectfully request accepting the Grant of Sanitary Sewer Force Main Easement from M-M&M LLC.
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. 278-15
ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER FORCE MAIN
THROUGH, OVER AND ACROSS PART OF LOT 501 AND THE EAST 404' OF
OUTLOT 501, IN THE CITY OF DUBUQUE, IOWA
Whereas, M -M&M LLC have executed a Permanent Easement for Sanitary Sewer
Force Main through, over and across Part of Lot 501 and the East 404' of Outlot 501 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 Sanitary Sewer Force
Main through, over and across Part of Lot 501 and the East 404' of Outlot 501, in the
City of Dubuque, Dubuque County, Iowa from M -M&M 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. The City Clerk is hereby authorized to and directed to record this
resolution and easement with the Dubuque County Recorder.
Passed, approved and adopted this 17th day of August, 2015.
Attest:
Kevin t. Firnstahl, dMC, City Clerk
UY
Roy D. Buol, Mayor
1111111111111111111111113111111ii
Doc ID: 008300950006 Type: GEN
Kind: EASEMENT
Recorded: 08/20/2015 at 02:59:03 PM
Fee Amt: $32.00 Page 1 of 6
Dubuque County Iowa
John Murphy Recorder
File2015_00010797
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. 13th Street, Dubuque, Iowa 52001 (563)589-4270
GRANT OF EASEMENT FOR SANITARY SEWER FORCE MAIN UTILITY
For and in consideration of the sum of six thousand and 00/100 Dollars
($6,000.00) and other good and valuable consideration, the receipt whereof is
hereby acknowledged,
M -M&M LLC
2602 Hacienda Drive
Dubuque, IA 52002
of Dubuque 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:
Parts of the following described real estate:
The East 404 feet of Out Lot 501, in the City of Dubuque Iowa, according
to the United States Commisioners' Plat of the Town of Dubuque, Iowa,
EXCEPT that part sold to the State of Iowa, by Warranty Deed, Instrument
# 9332-86, records of Dubuque County, Iowa; and
That part of Lot 501, according to the official plat of the City of Dubuque,
bounded and described as follows: All that part of the Westerly 100 feet of
said Lot 501 which lies easterly of a line running parallel withand distant
35 feet easterly of the centerline of Soo Line Railroad Company's main
track, in the City of Dubuque, Iowa;
All 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 force main utility and other
appurtenances, along with the right, privilege and authority to construct,
reconstruct, maintain, operate, repair, patrol and remove said improvements.
Together with the right to enter upon said property and occupy the temporary
easement area as shown on the attached Exhibit A during the period of
construction until the project is accepted by City Council.
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 force
main and other appurtenances. Grantor shall not erect any structure over or
within the easement area, except for a boundary fence that complies with the
current City Zoning Ordinance, 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 water main
thereon or therein.
Dated at Dubuque, Iowa this/ day of S�C7, 201-5:
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this 11 day of A-1/64AST , A.D., 2015 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared Phillip
L. Mihilakis 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.
LYNN M. SCHLUETER
Notarial Seal - IOWA
Commission Nurnb,er :_714, 354��
My Commission Expires, // //
ary Public In and For Said State
PREPARED BY:
IIW, P.C. 4155 PENNSYLVANIA AVE DUBUQUE, IOWA (563) 556-2464
EASEMENT EXHIBIT A
15 FOOT WIDE SANITARY SEWER EASEMENT & 20 FOOT WIDE
TEMPORARY CONSTRUCTION EASEMENT ACROSS PARTS OF LOT 501 &
THE EAST 404' OF OUTLOT 501 EXCEPT THAT PART SOLD TO THE
STATE OF IOWA IN THE CITY OF DUBUQUE, IOWA
ROTI
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EAST 404' OF OUTLOT 501 -' 5)
EXCEPT THAT PORTION SOLD
TO THE STATE OF IOWA
REC. INST. 2007-17927
PART OF
LOT 501
REC. INST.
2007-15357
CONSIR OE TEMPO
4, gg2 ON Eq EM Y
SQ. FT ENT
15MOE SANIT
3 SEWER EASEMENT
SQ. FT.
PARCEL BOUNDARY
RECORD INFORMATION
RIGHT-OF-WAY
EXISITNG
PROPRIETOR: M -M & M, LLC
PREPARED FOR: CITY OF DUBUQUE
DATE PREPARED: 01-29-14
REV: 4-10-14
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NORTH
GRAPHIC SCALE
0 50
100
1" = 50'
DRAWING MAY HAVE BEEN REDUCED
NOTE
THIS SURVEY IS SUBJECT TO
EASEMENTS, RESERVATIONS,
RESTRICTIONS AND RIGHTS-OF-WAY
OF RECORD AND NOT OF RECORD.
IIW, P.C.
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INTEGRITY.EXPERTISE.SOLUTIONS
www.iiwengr.com • 800.556.4491
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NO. -IA-14
CHECKED CLG
PROJ. NO. 11260-02
DATE 01-29-14
SHEET 1 of 1
P:\11\260\260-02\DRAWINGS\SURVEY\11260-02-EAS`-EXI-
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. 278-15
ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER FORCE MAIN
THROUGH, OVER AND ACROSS PART OF LOT 501 AND THE EAST 404' OF
OUTLOT 501, IN THE CITY OF DUBUQUE, IOWA
Whereas, M -M&M LLC have executed a Permanent Easement for Sanitary Sewer
Force Main through, over and across Part of Lot 501 and the East 404' of Outlot 501 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 Sanitary Sewer Force
Main through, over and across Part of Lot 501 and the East 404' of Outlot 501, in the
City of Dubuque, Dubuque County, Iowa from M -M&M 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. The City Clerk is hereby authorized to and directed to record this
resolution and easement with the Dubuque County Recorder.
Passed, approved and adopted this 17th day of August, 2015.
Kevin . Firnstahl, MC, City Clerk
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. 278-15 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 18th day of August, 2015.
Kevin •. Firnstahl, CMC, City Clerk