Timber Hyrst Estates No. 4 - Storm Water Detention Facility and Storm Sewer Accept Easement Copyright 2014
City of Dubuque Consent Items # 17.
ITEM TITLE: Timber Hyrst Subdivision No. 4 - Storm Water Detention Facility and Storm
Water Impoundment Easement Acceptance
SUMMARY: City Manager recommending acceptance of a Grant of Storm Water
Detention Facility and Storm Water Impoundment Easement from North
Cascade Road Developers LLC as part of the Timber-Hyrst Estates No. 4
over-detention project.
RESOLUTION Accepting a Grant of Storm Water Detention Facility and
Storm Water Impoundment Easement through, over and across parts of
Lot H, Lot 91 , Lot 98 and Lot 99 of Timber-Hyrst Estates No. 4, in the City
of Dubuque, Dubuque County, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ Timber Hyrst Estate Acceptance of Grant of Storm Water Detention City Manager Memo
Facility-MVM Memo
❑ Staff Memo Staff Memo
❑ Resolution Resolutions
❑ Grant of Easement Supporting Documentation
❑ Location Map Supporting Documentation
THE CITY OF Dubuque
UBE I
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Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Timber-Hyrst Estates No. 4 —Acceptance of a Grant of Storm Water
Detention Facility and Storm Water Impoundment Easement from North
Cascade Road Developers LLC
DATE: October 12, 2015
City Engineer Gus Psihoyos is recommending City Council acceptance of a Grant of
Storm Water Detention Facility and Storm Water Impoundment Easement from North
Cascade Road Developers LLC as part of the Timber-Hyrst Estates No 4 over-detention
project.
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
THE CITF Dubuque
DUYB
E All-America CRY
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Masterpiece on the Mississippi I.,
2012
TO: Michael C. Van Milligen, City Manag r
CX
FROM: Gus ,Psiho osCit Engineer Y Y g
SUBJECT: Timber-Hyrst Estates No. 4—Acceptance of a Grant of Storm Water Detention Facility and Storm
Water Impoundment Easement from North Cascade Road Developers LLC
DATE: October 6, 2015
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a Grant of Storm Water Detention Facility and Storm
Water Impoundment Easement from North Cascade Road Developers LLC as part of the Timber Hyrst Estates
No. 4 over-detention project.
DISCUSSION
Per the Urban Renewal Plan for the North Cascade Road Housing Urban Renewal Area and the rebate
agreement between the City and North Cascade Road Developers LLC (Developer), an over-detention facility
was to be constructed in this phase of the subdivision by the Developer. The cost for said construction is to be
repaid to NCR Developers LLC with TIF funds per the rebate agreement. The design and construction plans as
submitted by Buesing and Associates have been reviewed and approved by City of Dubuque staff. The Dubuque
Soil and Water Conservation District staff has also reviewed and concurred with the plans.
The attached Grant of Easement has been executed by North Cascade Road Developers LLC. The attached Plat
of Easement shows the easement location over and across parts of Lot H, Lot 91, Lot 98, and Lot 99 of Timber-
Hyrst Estates No. 4 in the City of Dubuque. The property is owned by North Cascade Road Developers. The
storm water detention facility will be owned and maintained by the City.
RECOMMENDATION
I recommend accepting the Grant of Storm Water Detention Facility and Storm Water Impoundment Easement
through and across parts of Lot H, Lot 91, Lot 98, and Lot 99 of Timber-Hyrst Estates No. 4 in the City of
Dubuque, as shown on the attached Plat of Easement.
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolution accepting the Grant of Storm Water Detention Facility
and Storm Water Impoundment Easement from North Cascade Road Developers.
Prepared by Nate Kieffer, PLS
cc: Deron Muehring, Civil Engineer
Denise Ihrig, Civil Engineer
John Klostermann, Street & Sewer Maintenance Supervisor
NAE LOCATION MAP DAGIS
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Dubuque County Assessor, City of Dubuque Assessor
DISCLAIMER:This Information was compiled
(sing the Dubuque Area Geographic Informatl on System
DAGIS),u b ch Incl d_data c_eatsd by both me city of Map Prepared by:
Dubuque and Dubuque county. It Is understood mat,while
th cityofDobogoeandpa-ticipatingags,dzsatulzedme City of Dubuque
most—r',tand amurate Information available,DAGIs and 1 inch = 400 feet Engineering Division
Its suppliers do not warrant the accuracy o f-i-i- yofthe
Inf—bti n of data contained herein.The city and pa_ticlpating 50 West 13th Street
agency shall not be held liable foi-any dli-ect,Indhect,Incidental, Dubuque,Iowa 52001
mnsmgnential,punitive,oi-special damages,whether fui-ss-bble or
seeable,a�ISing oot of me aomo�Ised o�onaomo�Ised o�of 10tb0 0 100 200 300 400 Feet Phone:(563)589-4270
this data o�me Inabwro to o�this data o�oot of any beach of
wa—ty whatsoever Fax:(563)589-4205
Prepared by: Russell N. Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Russell N. Kieffer City of Dubuque, 50 W. 13th Street Dubuque IA 52001 (563) 589-4270
RESOLUTION NO. 362-15
ACCEPTING A GRANT OF STORM WATER DETENTION FACILITY AND STORM
WATER IMPOUNDMENT EASEMENT THROUGH, OVER AND ACROSS PARTS OF
LOT H, LOT 91, LOT 98, AND LOT 99 OF TIMBER-HYRST ESTATES NO. 4, IN THE
CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, North Cascade Road Developers LLC has executed an Easement for
Storm Water Detention Facility and Storm Water Impoundment, and Other
Appurtenances through, under and across Parts of Lot H, Lot 91, Lot 98, and Lot 99 of
Timber-Hyrst Estates No. 4, in the City Of Dubuque, Dubuque County, Iowa. Said
easement has been filed and recorded in the Dubuque County Recorder's Office as File
Number 2015-00011964.
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 Storm Water Detention Facility and Storm Water
Impoundment Easement through, over and across Parts of Lot H, Lot 91, Lot 98, and
Lot 99 of Timber-Hyrst Estates No. 4, in the City of Dubuque, Dubuque County, Iowa
from North Cascade Road Developers 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 19th day of October, 20 .
Attest:
Kevin
Aor .4±,111
s �
Firnstahl, CM
City Clerk
Or Roy D. Buol, Mayor
IHIII II III hN'MIIIIII II IIIIII IdNIWI11I
Doc ID• 008335570006 Type GEN
Kind: RESOLUTION
Recorded: 10/23/2015 at 01:13:40 PM
Fee Amt: $32.00 Page 1 of 6
Dubuque County Iowa
John Murphy Recorder
Fi1e2015-00013683
RECORDER'S COVER SHEET
RESOLUTION
ACCEPTING GRANT OF EASEMENT
FOR STORM WATER DETENTION FACILITY
AND STORM WATER IMPOUNDMENT
Preparer Information:
Russel N. Keiffer, City of Dubuque, 50 W. 1311h St., Dubuque, IA 52001 (563) 589-4270
Taxpayer Information:
North Cascade Road Developers, LLC, c/o Marty McNamer, 1800 Manson Road,
Dubuque, IA 52001
Return Document To:
Kevin Firnstahl, City of Dubuque City Clerk, 50 West 1311h Street, Dubuque, IA 52001
Legal Description:
Lot H, Lot 91, Lot 98 and Lot 99 of Timber-Hyrst Estates #4 in the City of Dubuque,
Dubuque County, Iowa
Grantors: Grantees:
North Cascade Road Developers, LLC The City of Dubuque, Iowa
Attachments:
Certified Resolution No. 362-15
Previously recorded documents:
Grant of Easement for Storm Water Detention Facility, and storm water
Impoundment - Instrument No. 2015-00011964
Prepared by: Russell N. Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Russell N. Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 362-15
ACCEPTING A GRANT OF STORM WATER DETENTION FACILITY AND STORM
WATER IMPOUNDMENT EASEMENT THROUGH, OVER AND ACROSS PARTS OF
LOT H, LOT 91, LOT 98, AND LOT 99 OF TIMBER-HYRST ESTATES NO. 4, IN THE
CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, North Cascade Road Developers LLC has executed an Easement for
Storm Water Detention Facility and Storm Water Impoundment, and Other
Appurtenances through, under and across Parts of Lot H, Lot 91, Lot 98, and Lot 99 of
Timber-Hyrst Estates No. 4, in the City Of Dubuque, Dubuque County, Iowa. Said
easement has been filed and recorded in the Dubuque County Recorder's Office as File
Number 2015-00011964.
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 Storm Water Detention Facility and Storm Water
Impoundment Easement through, over and across Parts of Lot H, Lot 91, Lot 98, and
Lot 99 of Timber-Hyrst Estates No. 4, in the City of Dubuque, Dubuque County, Iowa
from North Cascade Road Developers 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 19th day of October, 20
Attest:
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. 362-15 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 23rd day of October, 2015.
Kev6 .Firnstah ; C� '', City Clerk
Doc ID: 008315150003 Type: GEN
Kind: EASEMENT
Recorded: 09/15/2015 at 03:40:37 PM
Fee Amt: $17.00 Page 1 of 3
Dubuque County Iowa
John Murphy Recorder
F11e2015_00011964
Prepared by Buesing & Assoc. Inc., 1212 Locust St., Dubuque, IA 52001, (563) 556-4389
Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
GRANT OF EASEMENT
FOR STORM WATER DETENTION FACILITY,
AND STORM WATER IMPOUNDMENT
For good and valuable consideration, the receipt whereof is hereby
acknowledged, the Grantor:
North Cascade Road Developers, LLC
c/o Marty McNamer
1800 Manson Rd.
Dubuque, IA 52003
of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby
grant, and convey to the CITY OF DUBUQUE, IOWA, a municipal corporation, its
agents and contractors as follows: easements in perpetuity, from the date hereof,
through, under and across a portion of the following described real estate situated in
Dubuque, Iowa, to wit:
Lot H, Lot 91, Lot 98, and Lot 99, of Timber-Hyrst Estates #4, in the City of
Dubuque, Dubuque County, Iowa
Said easements shall be as shown on the attached EXHIBIT A. Said easements
shall be for the purposes of (1) constructing, operating, maintaining, and removing an
over -detention basin and outlet structure, and associated appurtenances, along with the
right to remove sediment as may be required from time to time, and the right to cut, trim
or remove trees, bushes, and roots as may be required incident to right given herein;
and (2) temporarily impounding storm water during 100 year or Tess frequency storm
events, along with the ability to remove fallen trees and other possible obstructions. All
other maintenance shall be the responsibility of the Grantor and heirs. For details see
the Plans for the Over -Detention Basin, on file in the office of the City Engineer.
It is understood and agreed that the City of Dubuque shall be responsible for all
future maintenance and repairs of the Improvements and all associated costs therewith.
The City of Dubuque, its agents or contractors shall at all times have free access
to and egress from and over said permanent easement areas as shown on the attached
EXHIBIT A to maintain or repair said improvement thereon or therein. Such access to
and egress from said permanent easement areas shall be through the presently platted
easements on the Final Plat of Timber-Hyrst Estates #4.
Grantor shall not erect any structure over or within the easement area, without
obtaining prior written approval of the City Engineer.
Grantor shall not change the grade, elevation, contour, or perform any
construction or excavation that will interfere with said improvements or any part of the
easement area.
(Ylcortl 01cNam er nob
18 oo Imanso n es_
Grantor acknowledges that although the easements for impounding storm water
have been designed for the 100 year storm event, there will be from time to time storms
which are greater than the 100 year storm event and storm water will need to be
impounded beyond the platted easement.
To have and to hold unto the said City of Dubuque, Iowa, in perpetuity, 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 City of Dubuque, its
agents or contractors, shall at all times have free access to and egress from and over
said permanent easement areas as shown on the attached EXHIBIT A, to maintain or
repair said improvement thereon or therein.
Dated at Dubuque, Iowa this /5/7' day of n,. , 2015.
Marty McNamer, Secretary anlc'Treasurer
North Cascade Road Developers, LLC
STATE OF IOWA, COUNTY OF DUBUQUE, SS:
On this I S day of , 2015, before me, the
undersigned, a Notary Public in and for said C unty, in said State, personally appeared
Marty McNamer, Secretary and Treasurer for North Cascade Road Developers, LLC, 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.
04.
otarylic In and or Said State
CerrPub),v U'SJ 7? Lx 1 -/e -,a0/0
PREPARED BY:
BUESINC
& ASSOCIATES
00RESS:
212 LOCUST STREET
DUBUQUE
IOWA 52001 PHONE: (563) 556-4359
PLAT OF EASEMENT
ON LOT H, LOT 91, LOT 98, AND LOT 99,
OF TIMBER—HYRST ESTATES #4,
IN THE CITY OF DUBUQUE, IOWA.
J FGEND
• 5/5' REROD (FOUND)
CAPPED AS NOTED
4015 YELLOW CAP STAMPED '4010•
15487 ORANGE CAP STAMPED 15487'
B I/2' REROD (FOUND)
• CONCRETE MONUMENT (FOUND)
Op MAO NAIL (FOUND)
PROPERTY UNE
SURVEYED PERIMETER
— — — — — CENIERUNE
RICHT OF WAY (RIND
EASEMENT UNE
FORMER EASEMENT LINE PER 11415 PLAT
AMENDED EASEMENT UNE PER THIS PLAT
( ) RECORD DIMENSION
5/8' RER00 (PLACED)
PUBUORANGE CUTILITYAP EASEMENTO •1548]')
STORM SEWER EASEMENT
SANITARY SEWER EASEMENT
STORM DRAINAGE EASEMENT
SANITARY SEWER 6: WATER EASEMENT
O
PUE
5TE
SSE
SIDE
558E
(FUTURE DEVELOPMENT)
LOT H
1,011,118sf
23.212a0
SCALE 1" = 100'
0'
50' 100'
EXHIBIT "A"
EASEMENT FOR
STORM WATER DETENTION FACILITY,
AND STORM WATER IMP0UNDMENT
DUBUQUE COUNTY
CITY OF DUBUQUE
58914'53'E
13.66'
tPW
LOT 90 '6
52,505sf
1.205as
z
INa
•
N1 LOT 92
1'.. 26,164,
0.
LOT 89
"�Nnulnnnl�Wt
I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS
PREPARED AND THE RELATED SURVEY W146 WAS PERFORMED 91(
ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND ,HAT I AM
A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE
OF 10WA. ALL MONUMENTS ARE PLACED 0R SHALL BE PLACED
WITHIN ONE YEAR FROM THE DATE THIS PLAT IS RECORDED.
¢ .. 9 %/s%.? t -
TERRY L ROELKER (DATE)
0CENSE NUMBER: 15487
MY UCENSE RENEWAL DATE IS DECEMBER 31, 2015
SHEETS COVERED BY THIS SEAL : THIS SHEET ONLY
49,245sf
1.131ac
z
LOT 93 oN
14,500,1
1.OM
1.ALL MEASUREMENTS ARE IN FEET AND 0105410 1HER0F.
2. OWNER to PROPRIETOR OF:
LOT H. LOT 91, LOT 98, AND LOT 99. OF TIMBER—HYRST ESTATES /4:
North Cascade Rood Developers, LLC
1800 Manson Rd. Dubuque, IA 52003
3. LOT H, LOT 91. LOT 98, AND LOT 99, OF TIMBER—HYRST ESTATES /4, ARE LOCATED IN THE
NE1/4 OF SECTOR 3, OF 7800, R2E, OF 1111 510 P.M., DUBUQUE COUNTY, IOWA.
4. SURVEY REQUESTED BY: RAM MCNAMER
5. THIS PLAT IS SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD.
8. SEE FINAL PLAT OF TMeER—HYRST ESTATES /4, RECORDED AT 1116 DUBUQUE COUNTY
411180ERS OFFICE AS FILE /2014-00011005.
SHEET TITLE
PROJECT I N0. 13025
PLAT OF EASEMENT
TIMBER-H1RST ESTATES #4
PREPARED FOR:
NORTH CASCADE ROAD DEVELOPERS, LLC.
16 MARTY MCNAMER
1800 MANSON RD.
DUBUQUE, IA 52003
3,UEASIINNG
ENGINEERS AND SURVEYORS
1212 LOCUST SF. DUBUQUE, M
(583) 558-4369
DATE
REVISIONS
DRAWN BY:
SEE BAR SCALE
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