Grant of Easement for Sanitary Sewer Utility across Blue Sky, Inc., Asbury PlazaCopyrighted
October 16, 2017
City of Dubuque Consent Items # 13.
ITEM TITLE: Grant of Easement for Sanitary Sewer Utility across Blue
Sky, Inc. in Asbury Plaza
SUMMARY: City Manager recommending acceptance of a Grant of
Easement for Sanitary Sewer Utility across Blue Sky, Inc.
property at Lot 2 of Asbury Plaza No. 16, as part of the
Derby Grange Sanitary Sewer Extension Project.
RESOLUTION Accepting a Grant of Easement for Sanitary
Sewer Utility through, over and across part of Lot 2 of
Asbury Plaza No. 16, City of Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Grant of Easement for Sanitary Sewer Utility from Blue City Manager Memo
Sky Inc -MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Grant of Easement 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
Dubuque
bell
All -America City
'1Il1'
2007 • 2012 • 2013 • 2017
SUBJECT: Acceptance of a Grant of Easement for Sanitary Sewer Utility Over Blue
Sky, Inc. Property in Asbury Plaza Business Park, Dubuque, Iowa
Derby Grange Sanitary Sewer Extension Project
DATE: October 9, 2017
City Engineer Gus Psihoyos recommends City Council acceptance of a Grant of
Easement for Sanitary Sewer Utility across Blue Sky, Inc. property at Lot 2 of Asbury
Plaza No. 16, as part of the Derby Grange Sanitary Sewer Extension Project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF
Masterpiece on the .Mississippi
TO:
FROM: Gus Psihoyos, City Engineer
Michael C. Van Milligen, City Manager
Dubuque
Ali -America City
111117 •.'.1111 • .2.+113 • 71117
SUBJECT: Acceptance of a Grant of Easement for Sanitary Sewer Utility over Blue Sky, Inc.
Property in Asbury Plaza Business Park, Dubuque, Iowa
Derby Grange Sanitary Sewer Extension Project
DATE: October 9, 2017
INTRODUCTION
The purpose of this memorandum is to seek approval and acceptance of a Grant of Easement for Sanitary
Sewer Utility across Blue Sky, Inc. property being part of Lot 2 of Asbury Plaza No. 16, City of Dubuque,
Iowa as part of the Derby Grange Sanitary Sewer Extension project.
BACKGROUND
The City has entered into an agreement with Derby Grange, LLC. to develop approximately 100 homes
at the corner of Derby Grange Road and Kennedy Road. As part of the agreement the City must provide
city water and sewer to the property. Water service will be provided along Kennedy Road. The ideal
option for serving the property with sanitary sewer crosses the property owned by Blue Sky, Inc., Eileen
Coates and Marlene Brimeyer. This route allows for sewer service to the Derby Grange, LLC.
development as well as future provision of sewer service to the most property within the area with the
lowest overall cost of installation.
DISCUSSION
This project includes the extension of sanitary sewer to Derby Grange Road and other areas north of
Derby Grange Road. The sewer project begins at the existing north lift station in Asbury Business Plaza
and will extend through the properties mentioned above to a point on the north side of Derby Grange
Road.
The Blue Sky, Inc. easement is one of three easements required to complete the extension.
RECOMMENDATION
I recommend accepting the Grant of Easement for Sanitary Sewer Utility through, over and across part
of Lot 2 of Asbury Plaza No. 16, in the City of Dubuque, Iowa, as shown on the attached Grant of
Easement document to facilitate the construction of the Derby Grange Sanitary Sewer Extension project.
ACTION TO BE TAKEN
I respectfully request acceptance of the Grant of Easement for Sanitary Sewer Utility from Blue Sky, Inc.
through the adoption of the enclosed resolution.
Prepared by Nate Kieffer, PLS
Prepared bv: Nate Kieffer, Citv of Dubuaue. 50 W. 13th Street. Dubuaue. IA 52001 (5631 589-4270
Return to: Kevin S. Firnstahl. City Clerk. City of Dubuaue. 50 W. 13th Street. Dubuaue. IA 52001 (5631589-4121
RESOLUTION NO. 343-17
ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY
THROUGH, OVER AND ACROSS PART OF LOT 2 OF ASBURY PLAZA NO. 16,
CITY OF DUBUQUE, IOWA
Whereas, Blue Sky, Inc. has executed a Grant of Easement for Sanitary Sewer Utility
through, over and across part of Lot 2 of Asbury Plaza No. 16, 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 Easement for Sanitary Sewer Utility through, over
and across Part of Lot 2 of Asbury Plaza No. 16, City of Dubuque, Iowa as shown on
the attached Grant of Easement for Sanitary Sewer Utility and Exhibit A, from Blue Sky,
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. The City Clerk is hereby authorized to and directed to record this
resolution and Grant of Easement for Sanitary Sewer Utility with the Dubuque County
Recorder.
Passed, approved and adopted this 16th day of October, 2017
Attest:
Kevin S. irnstahl, CMS, CitClerk
Roy D. Buol, Mayor
IIII
11
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Doc ID 008725400005 Type: GEN
Kind: EASEMENT
Recorded: 10/24/2017 at 02:03:20 PM
Fee Amt: $27.00 Page 1 of 5
Dubuque County Iowa
John Murphy Recorder
F11e2017_00013227
Prepared bv: Nate Kieffer. City of Dubuaue. 50 W. 13th Street. Dubuaue. Iowa 52001 (5631589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270
GRANT OF EASEMENT FOR SANITARY SEWER UTILITY
For and in consideration of the sum of Thirty Thousand and 00/100's
($30,000.00) and other good and valuable consideration, the receipt whereof is
hereby acknowledged,
Blue Sky, Inc.
807 330th Street
Lone Rock, IA 50559
of Kossuth 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:
Part of Lot 2 of Asbury Plaza No. 16 in the City of Dubuque, County 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 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.
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 reserves the right to fill up to twenty-two feet in elevation over the crown
of the constructed sanitary sewer and to cut down to five feet in elevation above
Cr-� .n J6,n e.- -
the crown of the constructed sewer. 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 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 sanitary sewer
thereon or therein.
Dated at Dubuque, Iowa this day of
STATE OF IOWA,
SKY BLUE, INC
, 2017.
By: 1}ilii r _ ti' e,A-
Rogerherland,'President
NOTARY PUBLIC
COUNTY OF DUBUQUE, SS:
On this0Lk day ofC'�'�y'�te-, A.D., 2017 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared Roger
Cherland 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 volunta ' taieedeed.
STEPHANIE A. VALENTINE
Commission Nuggbor 91 14
My Comm. Exp. :1
Lark 1 a 4,4-
ary Public In anc' For Said State
Reserved for Recorder
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Prepared By: Nate Kieffer 50 West 13th St. Dubuque,IA 52001 Ph:563-589-4270
Dubuque CITY OF DUBUQUE -
ENGINEERING DEPARTMENT
CITY HALL, 50 WEST 13th STREET
DUBUQUE, IA 52001-4864
PHONE (563) 589-4270 FAX (563) 589-4205
- Drawn By: RNK I Approved By: RNK I Date: 06-06-2017
PART OF LOT 2 OF ASBURY PLAZA NO. 16, CITY
OF DUBUQUE, IOWA
_ DWG Location: F\NKieffer\CAD Drawings \Derby Grange TIF Legai\Chedand Sanitary
Easement\cherland ease acq plat 05222017.dwg
C.I.P. Number: 7102729 1 Sheet Number: 1
All -America City
' '
2007
NORTH
0 100' 200' 400'
SCALE 1" = 200' FEET
NOTES:
1. ALL MEASUREMENTS ARE IN FEET AND
DECIMALS THEREOF.
2. PROPRIETOR OF ABOVE DESCRIBED LOT:
BLUE SKY, INC.
3. SURVEY REQUESTED BY: CITY OF DUBUQUE,
50 W. 13TH ST. DUBUQUE, IOWA
4. THIS PLAT IS SUBJECT TO ALL EASEMENTS
OF RECORD AND NOT OF RECORD.
5. DATE OF SURVEY: 07-01-2016
6. TOTAL AREA OF PERMANENT
EASEMENT=10,920 SQ. FT.
7. TOTAL AREA OF TEMPORARY
EASEMENT=11,588 SQ. FT.
LOT 3 BUTLER'S HILL
2ND ADDITION
FOUND IRON ROD/PIPE AS SHOWN
p SET 5/8" REBAR WITH YELLOW
PLASTIC CAP #18128
R.O.W. RIGHT OF WAY
(100.00') RECORDED DIMENSION
SLINE BREAK
ADJACENT PROPERTY LINE
------ RIGHT OF WAY LINE (EXISTING)
FOUND MAG
NAIL/MASONRY
NAIL
of 1
NOTE:
THIS SURVEY IS LOCATED IN THE
NE 1/4 SECTION 17, T89N, R2E
(DUBUQUE TOWNSHIP)
OF THE 5TH P.M., DUBUQUE
COUNTY, IOWA
LOT 1-2 OF SW 1/4 OF
SE 1/4 SEC. 8 T89N-R2E
OF THE 5TH P.M. LANDS
INSIDE
FD. 1/2" REBAR W/YELLOW
PLASTIC CAP #14417
EXISTING EASEMENT
FOR STREETS & UTILITIES
EASEMENT"C"
PER INSTRUMENT NO. 2008-16144
FD. 1/2" REBAR W/
PLASTIC CAP #11306
802° 29' 20"E 50.00'
NO2° 29' 20"W 50.00'
FD. 1/2" REBAR W/
PLASTIC CAP #11306
EXISTING EASEMENT
FOR LIFT STATION & UTILITIES
EASEMENT "B"
PER INSTRUMENT NO. 2008.16144
_ 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
Surveyor under the laws of the State of Iowa.
For the City of Dubuque
Russell N. Kieffer
My license renewal date is December 31, 2018
Pages or sheets covered by this seal: THIS PAGE ONLY
Iowa Lic. No. 18128
Date
IS86°48'12W
/--- ----
"�'�844.67' /r. ; ,I. S61° 10' 55"W 48.25'
LOT2 OF / / /
ASBURY PLAZA NO. 16
PER INST. #2011-00017170 ) �/j/ S44°12'18"W 140.12'
......,'"0
w
S87° 30' 40"W .---**"../..;:.",
50.00'
ice/
S61° 22' 52"W
197.86'
S84° 11' 43"W 54.83'
502° 29' 20"E
38.96'
`N87° 30' 40"E
50.00'
20' WIDE PERMANENT
SANITARY SEWER
EASEMENT
50' WIDE TEMPORARY
SURVEY ACCESS &
CONSTRUCTION EASEMENT
50' WIDE PERMANENT
SANITARY SEWER
EASEMENT
LOT 1 SE SE - SEC 08
T89N R2E PER PLAT
BOOK 33 PAGE 226
LOT2 OF
ASBURY PLAZA NO. 16
PER INST. # 2011-00017170
CITY OF DUBUQUE
EXHIBIT A - EASEMENT ACQUISITION PLAT
COUNTY DUBUQUE PARCEL NO. N/A JOB NO. N/A
SECTION 17 TWP 89N RANGE 2E
ROW -FEE N/A EXIST. ROAD N/A PERM. EASEM'T 10,920 SQ.FT.
LEGAL DESCRIPTION: PART OF LOT 2 OF ASBURY PLAZA NO. 16, CITY OF DUBUQUE. IA
OWNER BLUE SKY, INC.
PROJECT DERBY GRANGE
S86° 48' 12"W 1136.02'
LOT 1 SE SE - SEC 08
T89N R2E PER PLAT
BOOK 33 PAGE 226
FD. STANDARD
CONCRETE
MONUMENT AT
SW CORNER SEC. 9,
T89N, R2E
LOT2 OF
ASBURY PLAZA N0. 16
PER INST. # 2011-00017170
FD. 1/2" REBAR W/YELLOW
PLASTIC CAP #14417
AT SW CORNER LOT 1
BARTON RANDLE 2ND ADD.
LOT 10F SW
1/4 OF SW 1/4,
SEC. 9, T89N,
R2E OF 5TH PM _
LOT 1 OF
LOT 1 OF
MINERAL
LOT 459
PER PLAT
BOOK 26
PAGE 70
W
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Prepared bv: Nate Kieffer. Citv of Dubuaue. 50 W. 13th Street. Dubuaue. IA 52001 (563) 589-4270
Return to: Kevin S. Firnstahl. City Clerk. Citv of Dubuaue. 50 W. 13th Street. Dubuaue. IA 52001 (563) 589-4121
RESOLUTION NO. 343-17
ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY
THROUGH, OVER AND ACROSS PART OF LOT 2 OF ASBURY PLAZA NO. 16,
CITY OF DUBUQUE, IOWA
Whereas, Blue Sky, Inc. has executed a Grant of Easement for Sanitary Sewer Utility
through, over and across part of Lot 2 of Asbury Plaza No. 16, 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 Easement for Sanitary Sewer Utility through, over
and across Part of Lot 2 of Asbury Plaza No. 16, City of Dubuque, Iowa as shown on
the attached Grant of Easement for Sanitary Sewer Utility and Exhibit A, from Blue Sky,
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. The City Clerk is hereby authorized to and directed to record this
resolution and Grant of Easement for Sanitary Sewer Utility with the Dubuque County
Recorder.
Passed, approved and adopted this 16th day of October, 2017.
Attest:
Kevin S. irnstahl, CMc Cit'(Clerk
IRoy 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. 343-17 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 17th day of October, 2017.
K<iin" S. Firnsta I, CIVIC, City Clerk