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Sanitary Sewer Extension Easement Agreement - Eileen Coates PropertyCity of Dubuque ITEM TITLE: SUMMARY: SUGGESTED DISPOSITION: ATTACHMENTS: Description Coates Easement -MVM Memo Staff Memo Resolution Agreement Copyrighted August 7, 2017 Consent Items # 16. Sanitary Sewer Extension Easement Agreement - Coates Property City Manager recommending approval of a resolution approving the Agreement with Mrs. Eileen Coates that allows the City to install a sanitary sewer across her property, and authorizing the City Attorney to accept and record the Easement on behalf of the City. RESOLUTION Approving an Agreement by and between the City of Dubuque, Iowa and Eileen C. Coates providing for the installation of a sanitary sewer across Coates' property and accepting a Grant of Permanent Easement for the purpose of constructing and maintaining the sanitary sewer Suggested Disposition: Receive and File; Adopt Resolution(s) Type Staff Memo Staff Memo Resoluti ons 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 SUBJECT: Coates Easement DATE: July 31, 2017 Dubuque bell All -America City '1Il1' 2007 • 2012 • 2013 • 2017 City Attorney Crenna Brumwell recommends City Council approval of a resolution approving the Agreement with Mrs. Eileen Coates that allows the City to install a sanitary sewer across her property, and authorizing the City Attorney to accept and record the Easement on behalf of the City. I concur with the recommendation and respectfully request Mayor and City Council approval. [7M/ha krtn, Michael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager THE CITY OF DUB `r E MEMORANDUM Masterpiece on the Mississippi CRENNA M. BRUMWELL, ESQ. CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: July 27, 2017 RE: Coates Easement The City has entered into an Agreement with Mrs. Eileen Coates outlining the conditions and responsibilities of both Mrs. Coates and the City of Dubuque which result in the following items: 1) Agreement allowing the City to install a sanitary sewer across Mrs. Coates' property. 2) Consent to the inclusion of the property in the Derby Grange Road Housing Urban Renewal Area. Attached is a resolution approving the agreement with Mrs. Coates and authorizing the City Attorney to accept and record the Easement on behalf of the City. I recommend that the resolution be submitted to the City Council for consideration and approval. Attachment cc: Gus Psihoyos, City Engineer Laura Carstens, Planning Services Manager Denise Ihrig, Water Department Manager Kyle Kritz, Associate Planner Nate Kieffer, City Surveyor Brant Schueller, Water Distribution Supervisor OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 589-4381 / FAX (563) 583-1040 / EMAIL cbrumwel@cityofdubuque.org Prepared by Crenna Brumwell. Esa.. 300 Main St., Ste. 330. Dubuque IA 52001-6944. 563-583-4113 Return to Kevin Firnstahl, City Clerk, 50 W. 13th St., Dubuque, IA 52001, 563-589-4100 RESOLUTION NO. 270-17 APPROVING AN AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND EILEEN C. COATES PROVIDING FOR THE INSTALLATION OF A SANITARY SEWER ACROSS COATES' PROPERTY AND ACCEPTING A GRANT OF PERMANENT EASEMENT FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING THE SANITARY SEWER Whereas, the City of Dubuque has been working to encourage development within city limits and the two-mile fringe area boundary; and Whereas, Derby Grange, LLC. will be constructing a city development at the corner of Kennedy Road and Derby Grange Road; and Whereas, to facilitate this development the City must extend the sanitary sewer into the area; and Whereas, the City negotiated an Agreement with Mrs. Eileen C. Coates (Coates), which is attached, to address sanitary sewer extension and other matters of concern to the parties; and Whereas, Coates has granted to City an easement for a sanitary sewer on her property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Agreement with Coates attached hereto is hereby accepted and approved. 2. The City Attorney is authorized to accept and record the Grant of Easement for Sanitary Sewer on behalf of the City. 3. The City Clerk's Office is authorized and directed to provide a certified copy of this resolution for filing by the City Attorney with the Dubuque County Recorder. Passed, approved and adopted this 7th day of Augusj2017. Roy D. Buol, Mior Attest: Keviniritin stahl, ity Clerk Y 0 0 11 um ll 11 II ud Doc ID 008688670019 Type. GEN Kind: AGREEMENT Recorded: 08/14/2017 at 12:29:14 PM Fee Amt: $97.00 Page 1 of 19 Dubuque County Iowa John Murphy Recorder F11e201 7-00010047 Prepared by Crenna Brumwell 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 Return to: Kevin S. Firnstahl, City Clerk, City Hall, 50 W. 13th St. Telephone: 589-4120 AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND EILEEN C. COATES This Agreement, dated for reference purposes the day of , 2017, is made and entered by, between and among the City of ubuque, Iowa (City) and Eileen C. Coates, widowed and not remarried. (Coates) WHEREAS, Coates is the owner of the real property legally described as follows (the Property): A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 89 NORTH RANGE 2 EAST OF THE 5T" P.M., DUBUQUE COUNTY, IOWA, as shown on the attached plat and shown in Exhibit 1 plat and aerial photo; and WHEREAS, City desires to install a sanitary sewer (City Utility Project) across the Coates' property; and WHEREAS, the Parties have reached an agreement as to the terms and conditions under which said City Utility Project can be installed on the Coates' property, but only upon the terms and conditions set forth herein. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. City agrees: 1 c(1°°a ( it EL a. Any fences disrupted or disturbed on the Coates' property by the City Utility Project will be replaced in their original locations and in their original condition using a reputable local fencing company. b. Ali trenches which are filled and all areas disturbed by the City Utility Project will be returned to their previous condition and seeded with a mixture of alfalfa, timothy grass, and orchard grass. c. Any areas of the Coates' property containing drain tile which are disturbed as part of the City Utility Project will be replaced so the drain tile maintains its intended function. d. Any natural waterway disturbed or disrupted by the City Utility Project will be restored to its condition prior to the City Utility Project so as to not modify the original flow of water and runoff unless such flow and runoff is improved. e. To reimburse Coates for the loss of pasture rent and hay bale income, if any resulting from the City Utility Project up to a maximum of $2,000. f. Repairs to damaged or disrupted areas must be completed to the reasonable satisfaction of Coates and completed within one week of the project completion date, if possible. Ex. While re -seeding can be done, the result of the re -seeding will not yet be complete. If the re -seeding does not grow according to plan a contractor may need to revisit the property for additional spot work. g. Agrees to complete the project within eight -weeks of commencement date subject to weather and other construction delays. The City goal will be to complete the project within four weeks, if possible. h. To refrain from requiring Coates to connect to City utilities so long as the property remains owned by Coates and Coates' heirs, unless Coates chooses to do so. Upon a change in ownership or use, as determined by the City of Dubuque, a connection to City utilities may be required. i. Agrees to reimburse Coates' up to $1,000 for legal fees incurred as part of this transaction. j. To compensate Coates for the easement as outlined in Exhibit 2. k. That in the event trees must be removed as part of the City Utility Project the City will have a certified tree appraiser evaluate the trees and provide a value which shall be paid to Coates for Toss of the trees. Coates may obtain an appraisal value for any trees removed independent of the City's appraisal. In the event of a difference in value the two (2) appraisers shall agree upon a third appraiser to review each appraisal and decide upon the 2 value. The expense of any third appraiser shall be borne equally by City and Coates. 2. Coates agrees: a. To provide a public utility easement across the property located at 13102 Derby Grange Road, attached as Exhibit 2. b. To sign and record with the Dubuque County Recorder an Affidavit of Surviving Spouse. Exhibit 3 c. To consent to the inclusion of the property shown on Exhibit 1 in the Derby Grange Road Housing Urban Renewal Area by signing an agricultural consent attached as Exhibit 4. d. To submit the necessary documentation to the City for purposes of verifying reimbursable attorney fees and loss of income for crop damage. 3. This Agreement shall apply to and bind the heirs, successors, and assigns of the parties. 4. All understandings and agreements, if any, previously made between the parties hereto are merged in this Agreement, which alone fully and completely expresses their understanding with respect to the subject of this Agreement. This Agreement may not be modified except by a written amendment executed by both parties. The terms of this Agreement shall not be merged into any subsequent closing or the execution of any Exhibits attached hereto. 5. Upon execution of this Agreement, City shall promptly record this Agreement with the Dubuque County Recorder. CITY OF DUB QUE, IOWA Attest: By: " �. Kevin tg. Firnstahl Foy D. uoI City Clerk Mayor, STATE OF IOWA ) DUBUQUE COUNTY ) ss: On this 741^- day of 4-10y 5}- , 2017, before me, the undersigned, a Notary Public in and for said County a`rid State, personally appeared ROY D. BUOL and KEVIN S. FIRNSTAHL, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a 3 municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation; that said instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. alt- I7 passed by the City Council on the `ljr.6%day of 1 iet4S4-, 2017, and that ROY D. BUOL and KEVIN S. FIRNSTAHL acknowledged the execution of the foregoing instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it and by them voluntarily executed. ..._ -.._.,.. TRISH L. GLEASON , Commission Number 719986 My Commission Expires Notary Public in and for said State 4 EILEEN C. COATES Eileen C. Coates STATE OF IOWA ss. DUBUQUE COUNTY On this / 1 day of ! , 2017, before me, the undersigned, a Notary Public in and for said State /'person', Ily appeared Eileen C. Coates, to me personally known, acknowledged the execution of said instrument to be her voluntary act and deed and by her voluntarily executed. DONNA E, RUNDE Commission Number 803219 My Ca1mmDisS`nrtL Expires AAA _ _ILQ--e otary Public in and for)said State 5 List of Exhibits Exhibit 1 Plat & Aerial Photograph Exhibit 2 Grant of Easement Exhibit 3 Affidavit of Surviving Spouse Exhibit 4 Agricultural Consent 6 Exhibit 1 Plat and Aerial Photograph Duhuque €�'.iTY OF I7I_UQTJE _...433(4SE RS t4£. LIEPAP2T1495[1'F" S31/1srr4e.1 S 1ns,..:x:c FAX 0.1) t44-1 1.4444Rs 44S 1-dWIRESE 9:4 or 5='145. R2E LT-THEESH G4 im 14 YitS%SO ++v« P S.P.A., Cubuque,lA 52001 Ph:563-509-4270 0 I00' 000' 400' SCALE 1 200' FEET NOTES t. ALL UEASUEGMENTE APS IN FEET ANS L9ae9444x.8 TISEEEQ°, PROrt ETON GT 48OVE EsE5CRIBE) LOT, Els mall C, SPATES > 5,041' NE4SUE5iEW Br: GE r4,1' EUESSSLIE, A:iT, 4]TH $T, CUSUODU, *N A. TErEsREAT IS SUBTEXT TO A_L EASEMENTS SE RESORIVENO EGG Li REXORG, E DATE Of SURVEY: M.012Ai5 'OTFARP..n&Y RISENiENT EASE:14E4RA X13P. 7, -TOTAL TAfiEAf'FYA'POINEYErESEEE'NS:33,40 G. ✓ FOUND IRON RODIPIPE AS SHO SET 518` RESAR WITH YEtl.OW PLASTIC CAP #90120 R.O.W. RIGHT OF WAY {990 00) RECORDED DIMENSION 0 LINE BREAK ADJACENT PROPERTY LINE RIGHT OF WAY LINE (EXISTING) • FOUND MAG NAIL/MASONRY NAIL TRES SURVEY IS LOOMED tN THT EE 1 A SEOiIG1s 8,141. E4 {0'JUFUO11:TCVESSIsi3'? OF THE5i'HPM. f1U9:R7.12 X4)131(1.1431^in Lew rea; m.4,1:“•LavS, lxw-uar�u r rsagra iry .,w —nnstAstO t u*•ys inn*. 4e, Nst tor. 4dyrnaLsa P' GRANGE FO 104' ROW CITY OF DUBUQUE EASEMENT ACQUISITION PLAT COUNTY C1 'F31OtUS PARCEL NO_ N/A 'OR N0. NiF \\ - PROJECT Oi'RDYGRA10,7 SECTION C TWP 44N_ RANGE 25 11 )ms} (6-21-3)17 ROW—F€E.i` # ,,,,,,EXIST_ ROAD /4,A PERM, £ASEN'T 15.191 SF. ler FAX... ,tii d -LL LEGAL DESCRIPIION: PANT OF LOT 1 OF SE 1r`= C:FSE 141, 45-0 4. '89m. 2!E OF 37115,1_ a c...- mr,arr >d.. OWNER Pk F,N<•- C;e411a5 7 Exhibit A-2 ir • Z.4 DES idt4 TF_A$A! Tr! I GI TY OF DUBUQUE - ENC4INERIN DEPT DUBUQUE COUNTY • •; OJECT NUMErt 7102729 Derby fari.ae Sanitary Sewer Extenslan SHEET: A.03 7 Exhibit 2 Grant of Easement Prepared by: Crenna Brumwell 300 Main Street Suite 330 Dubuque Iowa 52001 (563.589.4381) Return to: Crenna Brumwell 300 Main Street Suite 330 Dubuque Iowa 52001 (563.589.4381) GRANT OF PERMANENT EASEMENT For and in consideration of the sum of Twenty -Two Thousand Four Hundred Dollars and No Cents ($22,400.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Eileen Coates, widowed and not remarried, of Dubuque County, State of Iowa, for herself, heirs and assigns, do hereby grant, sell and convey to the City of Dubuque, Iowa (City), a municipal corporation, its agents and contractors, from the date hereof, a permanent easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 89 NORTH RANGE 2 EAST OF THE 5TH P.M., DUBUQUE COUNTY, IOWA, as shown on the easement exhibits attached hereto. Said easements shall be as shown on the attached Exhibits A-1 and A-2 for the purpose of constructing and maintaining sanitary sewer 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. Together with the right to enter upon said property and occupy the temporary easement area as shown on the attached Exhibits.A71 and A-2 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 and other appurtenances. Grantor shall not erect any structure over or within the easement area. Within the permanent easement area 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. (said consent not to be unreasonably withheld, conditioned or delayed). 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 over said real estate to maintain or repair said sanitary sewer thereon or therein. City shall access said sanitary sewer from any existing roadways or private lanes which exist and over said real estate. Dated at Dubuque, Iowa this day of , 2017. Eileen C. Coates NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE,. SS: On this day of , 2017 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Eileen Coates, widowed and not remarried, 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 In and For Said State Exhibit 3 Affidavit of Surviving Spouse 13 AFFIDAVIT OF SURVIVING SPOUSE FOR CHANGE OF TITLE TO REAL ESTATE TIE IOWA STATE EiAlt. ASSOCIATION Official Fonn No. 177 Recorder's Cover Sheet Preparer information: (Name, address and phone number) Taxpayer Information: (Name and complete address) Return Document To: (Name and complete address) Grantors: Grantees: Legal description: See Page 2 Document or instrument number of previously recorded documents: Ttto 1.14 %a,: 30WADOLM AFFIDAVIT OF SURVIVING SPOUSE FOR CHANGE OF TITLE TO REAL ESTATE STM'[ OE` IOWA, COUNTY OF ss: 1., being .first duly sworn on oath., depose and state as follows: 1. I am is] the surviving spouse of who died on 2. The following described real estate -was owned only by and this Affiant [ or I, as joint tenants with full rights of survivorship at the time of 's death: 3. Title was conveyed to the .surviving spouse and the decedent by instrument tiled on with reference number of 4. I hereby request that the auditor enter this information on the transfer books pursuant to Section 558,66 of the Iowa Code, 5. Form706, United States Estate Tax return, required to be filed as a result of the death of thc Decedent:* 6. An Iowa inheritance tax return is not required to be filed pursuant to Iowa Code Section 450.22 subsection Affiant Signed and sworn to (or affirmed) before the on , by Signature of Notary Public " The correct option must be selected to determine whether the Iowa Estate Tax may constitnte a lien opi the above described property, T The IOWA State bar Aidatctatand 2517 Sad anuciis Kirin Nu. 1/7. Affidavit 61'5dr:tying Spouse fat' Clianw af Title t 1041E...14dd Revistid January 2014 15 t.X110 6, PgfIcti,%oak Consent 16 AGREEMENT TO INCLUDE AGRICULTURAL LAND IN AN URBAN RENEWAL AREA This Agreement is made and entered into by and between the City of Dubuque, Iowa (hereinafter called "City"), and the undersigned property owners (hereinafter called 'Property Owners") in the proposed expansion of the urban renewal area for the Derby Grange Road Housing Urban Renewal Area. WITNESSETH: WHEREAS, the City proposes to adopt an Urban Renewal Plan under Iowa Code Chapter 403 and proceed with activities authorized under that Chapter in the area described as the Derby Grange Road Housing Urban Renewal Area, including but not limited to the division of revenue under Iowa Code Section 403.19: and WHEREAS, a description or map of the property to be included within the proposed Derby Grange Road Housing Urban Renewal Area is attached hereto as Exhibit A and made a part hereof; and WHEREAS, the undersigned Property Owner(s) own "agricultural land" within said proposed urban renewal area, as that term is defined in lowa Code Section 403.17(3), NOW, THEREFORE, be it agreed among the parties hereto as follows: 1. The undersigned Property Owners agree that the City may include real property owned by the undersigned Property Owners identified in the attached Exhibit A, in the proposed Derby Grange Road Housing Urban Renewal Area, including any portions which may be defined as "agricultural land' under the provisions of Iowa Code 403.17(3). 2. The undersigned Property Owners further authorize the City Council of the City to pass any resolution or ordinance necessary to designate said property as an urban renewal area under lowa Code Chapter 403, Dated this day of , 2017, Attest: Kevin S. Fimstahl, City Clerk CITY OF DUBUQUE, IOWA Roy D. Buol, Mayor 17 Address: 13102 Derby Grande Road. Dubuque. IA 52002 Parcel Number(s): 1008476001 Owner's Name: Eilieen C. Coates By: Date: Witness: 2 18 Prepared by Crenna Brumwell. Esa.. 300 Main St.. Ste. 330. Dubuaue IA 52001-6944. 563-583-4113 Return to Kevin Firnstahl, City Clerk, 50 W. 13th St., Dubuque, IA 52001, 563-589-4100 RESOLUTION NO. 270-17 APPROVING AN AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND EILEEN C. COATES PROVIDING FOR THE INSTALLATION OF A SANITARY SEWER ACROSS COATES' PROPERTY AND ACCEPTING A GRANT OF PERMANENT EASEMENT FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING THE SANITARY SEWER Whereas, the City of Dubuque has been working to encourage development within city limits and the two-mile fringe area boundary; and Whereas, Derby Grange, LLC. will be constructing a city development at the corner of Kennedy Road and Derby Grange Road; and Whereas, to facilitate this development the City must extend the sanitary sewer into the area; and Whereas, the City negotiated an Agreement with Mrs. Eileen C. Coates (Coates), which is attached, to address sanitary sewer extension and other matters of concern to the parties; and Whereas, Coates has granted to City an easement for a sanitary sewer on her property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Agreement with Coates attached hereto is hereby accepted and approved. 2. The City Attorney is authorized to accept and record the Grant of Easement for Sanitary Sewer on behalf of the City. 3. The City Clerk's Office is authorized and directed to provide a certified copy of this resolution for filing by the City Attorney with the Dubuque County Recorder. Passed, approved and adopted this 7th day of Augusj2017. Roy D. Buol, M or Attest: Kevin 1'irnstahl, ity Clerk STATE OF IOWA CERTIFICATE of tfie 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. 270-17 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 8th day of August, 2017. Kevin%S. rirnstahl, CMC, City Clerk n II II 111 I 1 11 Y 11 Doc ID• 008688680002 Type: GEN Kind: AFFIDAVIT OF SURVIVING SPOUSE Recorded: 08/14/2017 at 12:29:35 PM Fee Amt: $17.00 Page 1 of 2 Dubuque County Iowa John Murphy Recorder File2017-00010048 AFFIDAVIT OF SURVIVING SPOUSE FOR CHANGE OF TITLE TO REAL ESTATE Recorder's Cover Sheet Preparer Information: (name, address and phone number) Attorney Dean J. Konrardy 100 W. 12th Street P.O. Box 703 Dubuque, IA 52004-0703 (563) 588-0547 Taxpayer Information: (name and complete address) Eileen C. Coates 13102 Derby Grange Road Dubuque, IA 52002 Return Document To: (name and complete address) Eileen C. Coates 13102 Derby Grange Road Dubuque, IA 52002 Grantor: Douglas M. Coates Grantee: Eileen C. Coates Legal Description: See Page 2 Document or instrument number of previously recorded documents: Page 1 of 2 500 00© Cat; ate IL_ AFFIDAVIT OF SURVIVING SPOUSE FOR CHANGE OF TITLE TO REAL ESTATE STATE OF IOWA, COUNTY OF DUBUQUE, ss: I, Eileen C. Coates, being first duly sworn on oath, depose and state as follows: 1. I am the surviving spouse of Douglas M. Coates, who died on May 20, 2012. 2. The following described real estate was owned only by Douglas M. Coates and this Affiant, as joint tenants with full rights of survivorship at the time of Douglas M. Coates' death: Lot 1 of the Southeast 1/4 of the Southeast 1/4 of Section 8, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa, according to the recorded plat thereof, subject to easements and restrictions of record 3. Title was conveyed to the surviving spouse and the decedent by Instrument filed on May 8, 1984, as Instrument No. 3262-84. 4. I hereby request that the auditor enter this information on the transfer books pursuant to Section 558.66 of the Iowa Code. 5. Form706, United States Estate Tax return, is not required to be filed as a result of the death of the Decedent. 6. An Iowa inheritance tax return is not required to be filed pursuant to Iowa Code Section 450.22 subsection 3. Cat2.—k-r rt' Eileen C. Coates, Affiant Signed and sworn to before me on this 8t1i day of August, 2017, by Eileen C. Coates. DEAN J. CO 4RARDY Commission Number 145219 My Comm. Exp. 10/29LLa..._ C:\Users\Public\Doclmlents\MARYKAY\coates affsps. mis.wpd Page 2 of 2 lic in and for the State wa. MIIII ID 111111011011111 11 11011110111E11 Doc ID 008688690004 Type GEN Kind EASEMENT Recorded: 08/14/2017 at 12:29:52 PM Fee Amt: $22.00 Page 1 of 4 Dubuque County Iowa John Murphy Recorder Fue2017-00010049 Prepared by: Crenna Brumwell 300 Main Street Suite 330 Dubuque Iowa 52001 (563.589.4381) Return to: Crenna Brumwell 300 Main Street Suite 330 Dubuque Iowa 52001 (563.589.4381) GRANT OF PERMANENT EASEMENT For and in consideration of the sum of Twenty -Two Thousand Four Hundred Dollars and No Cents ($22,400.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Eileen Coates, widowed and not remarried, of Dubuque County, State of Iowa, for herself, heirs and assigns, do hereby grant, sell and convey to the City of Dubuque, Iowa (City), a municipal corporation, its agents and contractors, from the date hereof, a permanent easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 89 NORTH RANGE 2 EAST OF THE 5TH P.M., DUBUQUE COUNTY, IOWA, as shown on the easement exhibits attached hereto. Said easements shall be as shown on the attached Exhibits A-1 and A-2 for the purpose of constructing and maintaining sanitary sewer 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. Together with the right to enter upon said property and occupy the temporary easement area as shown on the attached Exhibits A-1 and A-2 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 and other appurtenances. Grantor shall not erect any structure over or within the easement area. Within the permanent easement area Grantor shall not change the grade, elevation, and contour or perform any construction or excavation that will diminish the lateral support or 1,39°® ci}± cat( K integrity of said improvements without obtaining the prior written consent of the City Engineer. (said consent not to be unreasonably withheld, conditioned or delayed). 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 over said real estate to maintain or repair said sanitary sewer thereon or therein. City shall access said sanitary sewer from any existing roadways or private lanes which exist and over said real estate. Dated at Dubuque, Iowa this day of ct.o,l , 2017. 1,, p Eileen C. Coates` NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this 7Uday of , 2017 before me, the undersigned, a Notary Public in and for said. C unty, in said State, personally appeared Eileen Coates, widowed and not remarried, 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. DEA J. KONRARDY Commission Number 145219 My Comm, Exp, 10/29L e_ ofiry Public In and For S State ENG I r,EEERFNty DEPART r. C.➢v i4 LL hO Ys'k8: 14,0 15'.'.1111 4 ..1 0£3:$3➢-1ZES 3m) 4rMgt C`LL ,a U• -°'E 9E 1,4 OF Eti IF," SEC, E, 1 A££ teni rxE>;en=. 2 f'.:,k•iLt�}i; V,` ADP'rt,:a40i 11M CDT Cf1etFS A. $4 RdF.'€1t7FAS1:D ET CITY L'F G`.IfillLN1.tl Yd. Ein,a T, S '1.1'7 8S SAMECT TO A_I E,rSERSE',TS Or- 42- PE:.4Rtl h4.B NJ`U�RER;aC, s Cd,TE CF SLRre,.. D7-04-£:1$ 3 -apt ARES,, IA Fi;k./M.1 1r P.RICR.iFkE 6N 78. CF ,T. -DTA fKE.A 1`7'TEVC1-1,6RY E4SELrEnT3,$,JM F, Aa<rd 1r 1 ' FOUND IRON RODJPIT'E AS S. N 1, SET 5{8" RES AR WITH YELLOW PLASTIC CAP #18128 RN5HT OF WAY (100.00') RECORDED DIMENSION UNE REM ADJACENT PROPERTY UNE --- RIGHT OF WAY LINE (EXISTING) FOUND MAG NAIL,'MAS©NRY NAIL lP'P9:n� n:L ,04 mgetK LYiC y'TSR Exhibit A-1 ra € "n0 v;,4'xJ3+13::.(al EU 7: Pig $» 1,4 EEv1:'3i, b, 115:x°..1.ty mto tO 11FE$73iPS.' WUBLA�t C00)4 aw15'-e a RS -C DI:NHY GRANGER© :'J4' ROW CITY OF DUBUQUE EASEMENT ACQUISITION PLAT C'MINT Y MrFlrn:!F PARCEL NC rJ'A JOB NO, 041A PROJECTr.E=14vSPAtIcE cECT101W1 e TWP Sg+: RANGE ROW—FEE EMT, ROAD N1i aEF,M, EASEM'? LEGAL DESCRIPTION_:`a°r Or:.Jt 7 Of- SE VAC 1r i, SES. a',V i VE C 9rfPer. OWNER Eric 1"t ii (" ilUArt•N 8