Acceptance of Grant of Permanent Easement for Storm Sewer - 2595 Fulton St._Leach_Rescinded Copyright 2014
City of Dubuque Consent Items # 14.
ITEM TITLE: Acceptance of Grant of Permanent Easement for Storm Sewer - 2595
Fulton Street
SUMMARY: City Manager recommending acceptance of a Grant of Permanent
Easement for Storm Sewer from Andrea and Joel Leach over a portion of
their property at 2595 Fulton Street with the City of Dubuque owning and
maintain the new storm sewer utility.
RESOLUTION Accepting a Grant of Easement for Storm Sewer Over and
Across Lot 2 of Lot 2 Of Lot 2 of the W Y2 of the NW Y4 of Section 27; and
Lot 2 of Lot 1 of Lot 2 of The NE Y4 of the NE Y4 of Section 28, all in
Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque,
Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ Acceptance of Easement for Storm Sewer Over 2595 Fulton Street-MVM City Manager Memo
Memo
❑ Staff Memo Staff Memo
❑ Resolution Resolutions
❑ Grant of Easement 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 Andrea and
Joel Leach Over Property at 2595 Fulton Street in Dubuque
DATE: September 14, 2015
City Engineer Gus Psihoyos requests City Council acceptance of a Grant of Permanent
Easement for Storm Sewer from Andrea and Joel Leach over a portion of their property
at 2595 Fulton Street. The City of Dubuque will own and maintain the new storm sewer
utility.
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 Cij
i 50 W. 13`h Street
All-Ame�ieaNy Dubuque,IA 52001
DE I Office(563)589-4270
I �v 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
SUBJECT: Acceptance of a Permanent Easement for Storm Sewer from Andrea and Joel Leach
over property at 2595 Fulton Street in Dubuque
DATE: September 2, 2015
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a permanent easement for storm sewer
across Part of Lot 27 in Highland Addition, 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 (alley southwest of Fulton Street) over a portion of the residential property at
2595 Fulton Street. The property is described at Lot 27 in Highland Addition, and is owned by Andrea
and Joel Leach. 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 27 in Highland Addition, as shown on the exhibit attached to the Grant of Easement.
ACTION TO BE TAKEN
I respectfully request accepting the Grant of Permanent Easement for Storm Sewer from Andrea and
Joel Leach.
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. 13`h Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 318-15
ACCEPTING A GRANT OF EASEMENT FOR STORM SEWER OVER AND ACROSS
LOT 2 OF LOT 2 OF LOT 2 OF THE W'/2 OF THE NW 1/4 OF SECTION 27; AND LOT
2 OF LOT 1 OF LOT 2 OF THE NE '/4 OF THE NE 1/4 OF SECTION 28, ALL IN
TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., IN THE CITY OF
DUBUQUE, IOWA
Whereas, Halle Properties LLC and the City of Dubuque wish to set forth terms
for the construction, maintenance, and replacement of site improvements over an
existing public utilities located in Lot 2 of Lot 2 of Lot 2 of the W IA of the NW % of
Section 27; and Lot 2 of Lot 1 of Lot 2 of the NE 1/4 of the NE '/ of Section 28, all in
Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Dubuque
County, Iowa; and
Whereas, Halle Properties LLC have executed an Easement for Storm Sewer
through, over and across Lot 2 of Lot 2 of Lot 2 of the W 1/2 of the NW 1/4 of Section 27;
and Lot 2 of Lot 1 of Lot 2 of the NE '/ of the NE % of Section 28, all in Township 89
North, Range 2 East of the 5th P.M., 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 Easement for Storm Sewer through, over and
across Lot 2 of Lot 2 of Lot 2 of the W IA of the NW '/ of Section 27; and Lot 2 of Lot 1
of Lot 2 of the NE'/ of the NE'/ of Section 28, all in Township 89 North, Range 2 East
of the 5th P.M., in the City of Dubuque, Dubuque County, Iowa from Halle Properties
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 21st day of September, 2015.
/''1�'.'
VL lin V. Sutton, Mayor Pro -Tem
Attest:
Kevin S. Firnstahl, City Jerk
j1 /57/7/ ,71) de_ ?4.10S•
i e—‘4Z-e-el&,did
el* A- 66"
Prepared by: Nate Kieffer, PLS, City of Dubuque, 50 W. 131" Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, PLS, City of Dubuque, 50 W. 13 Street Dubuque, IA 62001 (563) 589-4270
GRANT OF EASEMENT FOR STORM SEWER
For and in consideration of the sum of One Thousand Three Hundred Forty
Dollars and 00/100s ($1,340.00) and other good and valuable consideration, the
receipt whereof is hereby acknowledged,
Joel R. Leach and Andrea Leach
2593 Fulton St.
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 27 in Highland Addition, 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.
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.
7
Dated at , Iowa this day of �" '¢ , 2015,
Jo, R. Leach
Andrea Leach
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this ) day of A.D., 2015 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared Joel R.
Leach and Andrea Leach 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 safrtp as their vo untary act and deed.
P 1111 ...„�'r j•-' .....-... '7.++..,.
ERIC s, rTIERMAN otary Public n and For Said State
Cen7Rll$sion Nurnber 1779P2
PREPARED BY:Dan Hingtgen,L.S.14052 WHKS&CO. 1701 Route 35 North East Dubuque,IL 61025 Tel.(815)747-8833
EXHIBIT A PROPERTY OWNER:
Joel R. and Andrea Leach
for SURVEY REQUESTED BY:
A PERMANENT UTILITY EASEMENT LOCATED IN LOT 27 OF HIGHLAND ADDITION CITY OF DUBUQUE
OF THE CITY OF DUBUQUE,IOWA FIELD SURVEY CONDUCTED ON:
8/06/15
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37 11001 '�G
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36
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>5�9 Lot 2 of Lot
SU13WSP HIGHLAND ADD.
49 �- _
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rz', 6-0' N 57°36'06"W NORTH
P.O.B. 6.59'
25 2 SCALE 1" = 40'
S 37°07'21"W of o�
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301.81' \ rs D 10' 20' 40'
,t72.
o. 7 S 80°59'22"W
J 26 24.60' " 10.0' ��SJ J .9 LEGEND
__—
FOUND CORNER
fL_
10.0' O, (as Called Out on Plat)
J \Q 15.0' FIELD MEASUREMENT
27 ` p (150') PREVIOUSLY RECORDED
I� 28 I I EASEMEENT UTILITY
NT
1soJ fT0 29 L__J
QaJ ` pA, Lots 13A and 14A are
V recorded in Document
9739-96 at the Dubuque
EASEMENT DESCRIPTION County Recorder's Office.
A 10.00 FOOT WIDE PERMANENT UTILITY EASEMENT LOCATED IN LOT 27 OF
HIGHLAND ADDITION OF THE CITY OF DUBUQUE,IOWA,LYING 5 FEET ON EACH
SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: AREA BREAKDOWN
Commencing at the Westerly corner of Lot 14A of said Highland Addition; PERMANENTEASEMENT
thence N 57'36'06" W 6.59 feet along the Northeasterly Line of said Lot 27 to 554 ENTSquaE Feet
the center of a 6" drain tile and the Point of Beginning; thence S 37'074'21" W
30.81 feet along the center of said drain tile; thence S 80'59'22" W 24.60
feet along the center of said drain tile and there terminating. Said termination
point being 5 feet beyond drain tile outlet.
I hereby certify that this land surveying document was EXHIBIT A
1111 prepared and the related survey work was performed by
`` E me or under my direct personal supervision and that I Drown by.Oa+ Project No.:7955,00
�Q�17',• .• �'1� am a duly licensed Land Surveyor under the laws of the Drawing Date:8/07/15
• State Of Iowa. Drawing Name:K.•1795500-6Yem AlMo\Easem 6
�••• •DANIEL J. �'� 0—A7/eysd"q
z HINGTGEN m
14052 c
7 •• b Dan Hingtgen, Land Surveyor Date
Y'2' ••1!'fr License number: 14052
'QWA ,,0,,�� My registration renewal date is December 31, 2016 engineers+a!anners+land surveyors
Pages or sheets covered by this seal: SHEET 1 of 1