Acceptance of Permanent Easement for Storm Sewer Utility from Padre Pio Center-Stonehill Copyright 2014
City of Dubuque Consent Items # 11.
ITEM TITLE: Acceptance of Permanent Easement for Storm Sewer Utility from Padre
Pio Health Care Center, Inc.
SUMMARY: City Manager recommending acceptance of a permanent easement for
storm sewer across property owned by Pio Health Care Center, Inc.,
located at 1001 Assisi Drive.
RESOLUTION Accepting a Grant of Permanent Easement for Storm
Sewer Utility through, over and across part of Lot 3-1 of Block 7 in Phase 1
of Stone Hill Community Subdivision No. 1 , in the City of Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ Acceptance of Storm Sewer Easement from Pedro Pio Health Care- City Manager Memo
MVM 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 Utility from Padre
Pio Health Care Center Inc. Over Property at 1001 Assisi Drive in
Dubuque
DATE: November 10, 2015
The City is planning to extend an existing public storm sewer at the north end of Mya
Rose Court in order for Padre Pio Health Care Center Inc. to connect one of their
private storm sewers to the public utility. Connecting this private storm sewer to the
public storm sewer utility will alleviate several existing storm water drainage issues in
the newly constructed Liberty Subdivision. This storm sewer extension is planned to
run across private property owned by Padre Pio Health Care Center Inc. so an
easement is necessary. The City will own and maintain the storm sewer extension.
City Engineer Gus Psihoyos recommends City Council acceptance of a permanent
easement for storm sewer across property at 1001 Assisi Dive.
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. 13`h Street
f
All-AmedcaCfty Dubuque,IA 52001
Office(563) 70DJR E Fax(563)589-4205
TDD(563)556-9948
Masterpiece on the Mississippi 2007,2011,2011 engineerCcityofdubuque.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 Utility from Padre Pio Health
Care Center Inc. over property at 1001 Assisi Drive in Dubuque
DATE: November 3, 2015
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a permanent easement for storm sewer
across part of Lot 3-1 of Block 7 in Phase 1 of Stone Hill Community Subdivision No. 1, in the City of
Dubuque.
DISCUSSION
The City is planning to extend an existing public storm sewer at the north end of Mya Rose Court in
order for Padre Pio Health Care Center Inc. to connect one of their private storm sewers to the public
utility. Connecting this private storm sewer to the public storm sewer utility will alleviate several existing
storm water drainage issues in the newly constructed Liberty Subdivision. This storm sewer extension
is planned to run across private property owned by Padre Pio Health Care Center Inc. so an easement
is necessary. The City will own and maintain the storm sewer extension. The property owner, Padre
Pio Health Care Center Inc, has executed the Grant of Easement document attached to this memo.
RECOMMENDATION
I recommend accepting the Grant of Permanent Easement for Storm Sewer Utility through, over and
across Part of Lot 3-1 of Block 7 in Phase 1 of Stone Hill Community Subdivision No. 1, in the City of
Dubuque, Iowa, as shown on the exhibit attached to the Grant of Easement.
ACTION TO BE TAKEN
I respectfully request acceptance of the Grant of Permanent Easement for Storm Sewer Utility from
Padre Pio Health Care Center Inc. via the attached resolution.
Prepared by Nate Kieffer, PLS
cc: John Klosterman, Public Works Supervisor
Don Vogt, Public Works Manager
Denise Ihrig, Environmental Engineer
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque IA 52001 (563) 589-4270
Return to: Kevin Firnstahl City Clerk, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 390-15
ACCEPTING A GRANT OF PERMANENT EASEMENT FOR STORM SEWER
UTILITY THROUGH, OVER AND ACROSS PART OF LOT 3-1 OF BLOCK 7 IN
PHASE 1 OF STONE HILL COMMUNITY SUBDIVISION NO. 1, IN THE CITY OF
DUBUQUE, IOWA
Whereas, Padre Pio Health Care Center Inc. has executed a Permanent
Easement for Storm Sewer Utility through, over and across Part of Lot 3-1 of Block 7 in
Phase 1 of Stone Hill Community Subdivision No. 1, in the City of Dubuque, 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 Utility
through, over and across Lot 3-1 of Block 7 in Phase 1 of Stone Hill Community
Subdivision No. 1, in the City of Dubuque, Iowa from Padre Pio Health Care Center Inc.,
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. That the City Clerk be and is hereby authorized and directed to record
a certified copy of this resolution in the offices of the City Assessor, Dubuque County
Recorder and Dubuque County Auditor.
Attest:
Passed, approved and adopted this 16th day of November,
Aw
Kevin (S. Firnstahl; CMt"City Clerk
fii
oy D. Buol, Mayor
Prepared by: Nate Kieffer, City of Dubuque,50 W. 13`h Street. Dubuque, Iowa 52001 (563)589-4270
Return to: Kevin Firnstahl City Clerk,City of Dubuque, 50 W. 13` Street, Dubuque, Iowa 52001
(563)589-4270
GRANT OF EASEMENT FOR STORM SEWER UTILITY
For and in consideration of the sum of one and 0/100 Dollars ($1.00) and other
good and valuable consideration, the receipt whereof is hereby acknowledged,
Stonehill Franciscan Services
3485 Windsor Ave.
Dubuque, IA 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, 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:
Lot 3-1 of Block 7 in Phase 1 of Stone Hill Community Subdivision No. 1,
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 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.
It is understood and agreed that the Grantee herein shall restore the disturbed
area due to the construction, maintenance or repair of said storm sewer and
other appurtenances. Grantor shall not erect any structure over or within the
easement area 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 storm sewer
thereon or therein.
:I
Dated at Dubuque, Iowa this � day of ���.� , 2015.
By: Stonehill Franciscan Services
I
s. Gretchen Brown, CEO
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
Gretchen Brow(t,CEO of Stonehill Franciscan Services, 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.
-- - - - - Notary Public InJHd For Said State
CHRISTINA L BIGGIN
' Notarial Seal - IOWA
Commission No.776465
IMy Commission Expires January 15,2011;.
LOT 10 IN
LIBERTY EXHIBIT "A"
SUBD. LOT STORM SEWER EASEMENT ACROSS LOT 3-1 OF
HILLCOMMUNITYSUBDIVISION NO.STONE BLOCK 7 IN PHASE 1 OF STONE HILL COMMUNITY
SUBDIVISION NO. 1 , IN THE CITY OF DUBUQUE, IOWA
29.02.
N EXISTING �3 S 79'06'06" e 164-62'(164
6, THIS SURVEY IS COMPRISED OF: LOT OF BLOCK 7 IN PHASE 1 OF
ti N FLARED END 1 d' " 4,s2'l?6, STONE HILL COMMUNITY SUBDIVISION NO. 1, IN THE CITY OF DUBUQUE, IOWA
g p 15.00' SECTION IL0 o) 4.8p'1 AND
a 00 N 135 / LOCATED IN THE SEI/4 OF SECTION 12, T89N, R2E (DUBUQUE TWP) OF THE
N �r N •6O' 5TH P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
� J`rrs O N
3
m S87°19'57 W °Jrs\
Z o 22.98' \sr's
a 0
EXISTING STORM
(q ih SEWER MANHOLE LOT 3-1 OF BLOCK 7 IN PHASE 1 OF
o Cn s
Z Ki Ffss�s STONE HILL COMMUNITY SUBDIVISION NO. 1 0' 1o' 20' 40'
M s
� FlL2c\ ,r SCALE 1' = 20'
TfJ'
4y�'y\\s� LEGEND
FOUND 1" IRON PIPE
j f�Tf (UNLESS OTHERWISE NOTED)
�+ I J• FOUND 5/8" ROD W/YELLOW CAP #4016
o I PROPERTY LINE
PROPOSED EASEMENT LINE
\ --------------- EXISTING EASEMENT LINE
( 7 RECORD DIMENSION
I J`Lp�f
\\ NOTES
I s
'rI
LOT 1-1-3 OF STONE HILL MJ'
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.T
j LOT 11 IN COMMUNITY SUBDIVISION NO. 1 2. PROPRIETOR OF LOT 3-1 OF BLOCK 7 IN PHASE 1 OF STONE HILL
LIBERTY sT J• COMMUNITY SUBDIVISION NO. 1:
< SUBD. 'r PADRE PIO HEALTH CARE CENTER INC 3485 WINDSOR AVE DUBUQUE, IA 52001
3. SURVEYED REQUESTED BY: CITY OF DUBUQUE ENGINEERING DEPARTMENT.
EXISTING 15' DRAINAGE EASEMENT EXISTING STORM 4. TOTAL AREA OF STORM SEWER EASEMENT IS 651 SQ. FT.
' PER DOC. #2011-13430 SEWER BOX
FILED SEPT. 21, 2011 5. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD.
m I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS
AND THE RELATED SURVEY WORK PREPARED U ES 1 N G
p\0\°11L°AND°qS iii�� UNDERA PERFORMED E OR Y DIRECT PERSONAL SUPERVISION AND THAT AM A DULYSSOCIATES INC.
°Oe�'A�! LICENSED LAND SUIMEYOR UNDER THE LAWS OF THE STATE OF IOWA. ENGINEERS AND SURVEYORS
' FOUND ?U' TERRY L. _ 1212 LOCUST ST, DUBUQUE, IA
5/8" ROD _J: KOELKER ,°0_ a� /� (563) 556-4389
j 3 15487 a TERRY KOELKER (DATE) DRAWN BY: JCH CHECKED BY: TLK
LICENSE NUMBER 15487SURVEY DATE: 8/24/15 PLOT GATE: 8/25/15
MY LICENSE RENEWAL DATE IS DECEMBER 31, 2015 DWG. NO. 15175-01 SCALE: 1" = 20'
SHEETS COVERED BY THIS SEAL : SHEET 1 SHEET 1 OF 1
IIUl 110 II0 IM 11100 IUI 111 II 11 II IIU 1 ui
Doc ID 008348300005 Type GEN
Kind EASEMENT
Recorded: 11/18/2015 at 02:38:29 PM
Fee Amt: $27.00 Page 1 of 5
Dubuque County Iowa
John Murphy Recorder
F11e2015-00014755
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270
Return to: Kevin Firnstahl City Clerk, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001
(563)589-4270
GRANT OF EASEMENT FOR STORM SEWER UTILITY
For and in consideration of the sum of one and 0/100 Dollars ($1.00) and other
good and valuable consideration, the receipt whereof is hereby acknowledged,
Stonehill Franciscan Services
3485 Windsor Ave.
Dubuque, IA 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, 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:
Lot 3-1 of Block 7 in Phase 1 of Stone Hill Community Subdivision No. 1,
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 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.
It is understood and agreed that the Grantee herein shall restore the disturbed
area due to the construction, maintenance or repair of said storm sewer and
other appurtenances. Grantor shall not erect any structure over or within the
easement area 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 storm sewer
thereon or therein.
Dated at Dubuque, Iowa this ' day ofOi , 2015.
By: Stonehill Franciscan Services
s. Gretchen Brown, CEO
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this ,78 day ofd , A.D., 2015 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared
Gretchen Browa,CEO of Stonehill Franciscan Services, 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.
A CHRISTINA L BIGGIN
�= Notarial Seal - IOWA
iowA Commission No. 776465
My Commission Expires January 15, 20lie
i
Notary Public Ind For Said State
(563) 556-4389
0
0.
UBUOUE,IOWA 52001
V)
N
0
z
m
4
LOT 10 IN
LIBERTY
SUBD.
LIBERTY SUBDIVISION
1--
0
_J
29.02 ,
EXISTING if.„
FLARED END � j-
06 15.00'- SECTION 1,L4') N
0 (Ni
587'19' 57"W
22.98' \srr�
EXISTING STORM
74) SEWER MANHOLE
rn
N
N
co
N 02'40'03" W
LOT 11 IN
LIBERTY
SUBD.
LOT 1-1 OF BLOCK 7 IN PHASE 1 OF STONE
HILL COMMUNITY SUBDIVISION NO. 1
S 79°06'06"
9°06,06" E 164.
62, (?64'80'
135.60'
EXHIBIT "A"
STORM SEWER EASEMENT ACROSS LOT 3-1 OF
BLOCK 7 IN PHASE 1 OF STONE HILL COMMUNITY
SUBDIVISION NO. 1, IN THE CITY OF DUBUQUE, IOWA
LOT 3-1 OF BLOCK 7 IN PHASE 1 OF
STONE HILL COMMUNITY SUBDIVISION NO. 1
LOT 1-1-3 OF STONE HILL
COMMUNITY SUBDIVISION NO. 1
EXISTING
D
15' RA20AGE1EASEEASEMENT
PER
FILED SEPT. 21, 2011
FOUND
5/8" ROD
EXISTING STORM
SEWER BOX
NOTE
THIS SURVEY IS COMPRISED OF: LOT 3-1 OF BLOCK 7 IN PHASE 1 OF
STONE HILL COMMUNITY SUBDIVISION NO. 1, IN THE CITY OF DUBUQUE, IOWA
AND
LOCATED IN THE SE1/4 OF SECTION 12, T89N, R2E (DUBUQUE TWP) OF THE
5TH P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
J
10' 20'
SCALE: 1" = 20'
LEGEND
•
■
)
NOTES
40'
FOUND 1" IRON PIPE
(UNLESS OTHERWISE NOTED)
FOUND 5/8" ROD W/YELLOW CAP #4016
PROPERTY LINE
PROPOSED EASEMENT LINE
EXISTING EASEMENT LINE
RECORD DIMENSION
1, ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
2. PROPRIETOR OF LOT 3-1 OF BLOCK 7 IN PHASE 1 OF STONE HILL
COMMUNITY SUBDIVISION NO. 1:
PADRE P10 HEALTH CARE CENTER INC 3485 WINDSOR AVE DUBUQUE, IA 52001
3, SURVEYED REQUESTED BY: CITY OF DUBUQUE ENGINEERING DEPARTMENT,
4. TOTAL AREA OF STORM SEWER EASEMENT IS 651 SQ. FT.
5. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD.
��o1\.. AND ��IUS',�////i
o: TERRY L. 4
KOELKER
4 15487 4
°00000000°
"11IIIIOII`INII N1\\�A\
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
LICENSED LAND SU EYOR UNDER THE LAWS OF THE STATE OF IOWA.
TERRY L KOELKER
LICENSE NUMBER 15487
MY LICENSE RENEWAL DATE IS DECEMBER
SHEETS COVERED BY THIS SEAL :
I..S�
(DATE)
31, 2015
SHEET 1
BASSOCIATES INC.
ENGINEERS AND SURVEYORS
1212 LOCUST ST, DUBUQUE, IA
(563) 556-4389
UESING
DRAWN BY: JCH
SURVEY DATE: 8/24/15
DWG. NO. 15175-01
CHECKED BY: TLK
PLOT DATE: 8/25/15
SCALE: 1" = 20'
SHEET 1 OF 1
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Kevin Firnstahl City Clerk City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 390-15
ACCEPTING A GRANT OF PERMANENT EASEMENT FOR STORM SEWER
UTILITY THROUGH, OVER AND ACROSS PART OF LOT 3-1 OF BLOCK 7 IN
PHASE 1 OF STONE HILL COMMUNITY SUBDIVISION NO. 1, IN THE CITY OF
DUBUQUE, IOWA
Whereas, Padre Pio Health Care Center Inc. has executed a Permanent
Easement for Storm Sewer Utility through, over and across Part of Lot 3-1 of Block 7 in
Phase 1 of Stone Hill Community Subdivision No. 1, in the City of Dubuque, 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 Utility
through, over and across Lot 3-1 of Block 7 in Phase 1 of Stone Hill Community
Subdivision No. 1, in the City of Dubuque, Iowa from Padre Pio Health Care Center Inc.,
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. That the City Clerk be and is hereby authorized and directed to record
a certified copy of this resolution in the offices of the City Assessor, Dubuque County
Recorder and Dubuque County Auditor.
Attest:
Passed, approved and adopted this 16th day of November, 201
Kevin 'S. Firnstahl, CMC!City Clerk
D. Buol, Mayor
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. 390-15 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 16th day of November, 2015.
Kevin S.'Firnstahl,'CMC, City Clerk