Grant of Easement Sanitary Sewer Utility for Marlene L. Brimeyer PropertyCopyrighted
November 20, 2017
City of Dubuque Consent Items # 16.
ITEM TITLE: Grant of Easement Sanitary Sewer Utility for Marlene L.
Brimeyer Property
SUMMARY: City Manager recommending acceptance of the Grant of
Easement for Sanitary Sewer Utility from Marlene L.
Brimeyer through the adoption of a resolution 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 1 of the
Southwest Quarter of the Southwest Quarter of Section 9,
Township 89 North, Range 2 East of the 5th P.M., in the
County of Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Grant of Easement Sanitary Sewer Brimeyer Property- City Manager Memo
MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Grant of Easement Supporting Documentation
THE CITY OF
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
klitetri
*America City
�iui1t'
2007.2012
2013.2017
SUBJECT: Acceptance of a Grant of Easement for Sanitary Sewer over Marlene L.
Brimeyer property in Dubuque County, Iowa - Derby Grange Sanitary
Sewer Extension Project
DATE: November 14, 2017
City Engineer Gus Psihoyos is requesting City Council acceptance of the Grant of
Easement for Sanitary Sewer Utility from Marlene L. Brimeyer through the adoption of a
resolution as part of the Derby Grange Sanitary Sewer Extension project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
i)2
Michael C. Van Milligen'
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Masterpiece on the Mississippi
Dubuque
katiatii
All -America City
t
2007 • 2012 • 2013 • 2017
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Acceptance of a Grant of Easement for Sanitary Sewer Utility over Marlene L. Brimeyer
Property in Dubuque County, Iowa
Derby Grange Sanitary Sewer Extension Project
DATE: November 8, 2017
INTRODUCTION
The purpose of this memorandum is to seek approval and acceptance of a Grant of Easement for Sanitary
Sewer Utility across Marlene L. Brimeyer property being part of Lot 1 of the Southwest Quarter of the
Southwest Quarter of Section 9, Township 89 North, Range 2 East of the 5th P.M., in the County 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 Brimeyer easement is the last of the 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 1 of the Southwest Quarter of the Southwest Quarter of Section 9, Township 89 North, Range 2
East of the 5th P.M., in the County 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
respectfully request acceptance of the Grant of Easement for Sanitary Sewer Utility from Marlene L.
Brimeyer through the adoption of the enclosed resolution.
Prepared by Nate Kieffer, PLS
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Doc ID 008740540005 Type GEN
Kind: EASEMENT
Recorded: 11/22/2017 at 02:27:34 PM
Fee Amt: $27.00 Pape 1 of 5
Dubuque County Iowa
John Murphy Recorder
Fi1e2017-00014528
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563) 589-4270
GRANT OF EASEMENTS FOR SANITARY SEWER UTILITY
For and in consideration of the sum of six thousand seven hundred sixty-nine dollars
and seventy-six cents ($6,769.76) and other good and valuable consideration, Marlene
L. Brimeyer, widowed and not remarried ("Grantor) does hereby grant to the City of
Dubuque ("Grantee"), a municipal corporation, its agents and contractors, from the date
hereof, a right of way and easement through, under and across the following described
real estate situated in Dubuque County, Iowa, to wit:
Part of Lot 1 of the Southwest Quarter of the Southwest Quarter of Section
9, Township 89 North, Range 2 East of the 5th P.M., in the County of
Dubuque, Iowa as shown on Exhibit A attached hereto and by reference
made a part hereof.
Said easements 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.
Together with the right to enter upon said property and occupy the temporary easement
area as shown on the attached Exhibit A during the period of construction until the
project is accepted by City Council.
It is understood and agreed that the Grantee herein shall restore and reseed the
disturbed area due to the construction, maintenance or repair of said sanitary sewer and
other appurtenances. Restoration includes repair and replacement of fence disturbed
due to the construction, maintenance or repair of said sanitary 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 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.
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Grantee shall indemnify and hold harmless Grantor and Grantor's heirs, successors,
and assigns, from any and all claims, demands, and causes of action, whether in law or
in equity, costs and expenses, liability, loss or damage arising, directly or indirectly, from
the negligence of Grantee or Grantee's employees, contractors, agents, invitees,
actions or inaction in connection with this easement or with Grantee's duties in regard to
the easement, or with the exercise, use or enjoyment of the rights herein grant to
Grantee.
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 )1a-t,c.), 2017.
Marlene L. Brimeyer
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On thi1614\
day of 1\b/i9A1RdA , A.D., 2017 before me, the undersigned, a Notary
Public in and for said County, in said State, personally appeared Marlene L. Brimeyer,
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.
M'Kty7'M1M11Mi�"�"N`lfNL71dV<
NM% BRUNNER. SAliM
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`Notary Public In and For Said State
Reserved for Recorder
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CITY OF DUBUQUE
ENGINEERING DEPARTMENT
CITY HALL, 50 WEST 1325 STREET
DUBUQUE, IA 52001-4864
PHONE (563) 589-4270 FAX (563) 589-4205
- Drawn By. RNK 1 Approved 8y. RNK ) Date: 06-08-2017
PART OF LOT 1 OF THE SUB. OF SW y OF SW a SEC.
9, T89N, R2E OF THE 5TH P.M.
nme er tOPrby Grange TIFLegalenmeyer
R I.P. Numbs,: 7102729 0 9 1 Sheel Number. 1 of 1
NORTH
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SCALE 1" = 100' FEET
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311 46' 19"E 52 00'
LOT 1-2 TSCHARNER PLACE
PER INST 5271-09
`EXISTING ROAD R.O.W. LINE
PER DEED LANDS BOOK 63 PAGE 667
(690.17')
690.00
641.91'
NOTE:
THIS SURVEY IS LOCATED IN THE
SW 1/4 SECTION 9, T89N, R2E
(DUBUQUE TOWNSHIP)
OF THE 5TH P.M., DUBUQUE
COUNTY, IOWA
LOT TSCHARNER
PLACE NO 2 PER
MST It 3731-00
(N89' 22' 241E 1334.97')
088'03 011E 1334.94'
DERBY GRANGE RD. 104' ROW
588° 00 01"E 1139.41'
PLACE . PER INST.
.2007-09018315
(153 DD')
153.06'
088° 00' 011E 1139.61'�S 15 03' 21"E 20.00'
' J LOT' OF 601/4 OF SIN 0p.
/�- SEC.9,Ta9N.RZEOF6TH M
/TEMPORARY CONSTRUCTION EASEMENT (50' WIDE) -
PART OFLOT 1 OF THE SW4OFTHE SW4SEC. 9,
.../..„/„.....-;,„/ / T89N, R2E OF THE 5TH P.M. (22,979 SQ. FT.)
/// ///' PERMANENT SANITARY SEWER EASEMENT (20' WIDE) - 0
// r- / PART OF LOT 1OFTHE SW1OFTHE SW4SEC. 9, o
// Z Zz'� / T89N, R2E OF THE 5TH P.M. (15,319 SQ. FT.)
// /-f % / NOTES:
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/ o srANOAftO S54° 37' 21"W 65.84'
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.
o: RUSSELL N.
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18128
1 hereby cerhfy 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 ',ceased Land
Surveyor under the laws of Ne State of Iowa
For the City of Dubuque
f -i7,) 3 06-4-2o/7
Russell N. Kieffer Iowa Dc NO. 18128 Dale
My license renewal dales December 31, 2018
Pages or sheets covered by this seal: THIS PAGE ONLY
OWNER
1. ALL MEASUREMENTS ARE IN FEET
AND DECIMALS THEREOF.
2. PROPRIETOR OF ABOVE DESCRIBED
LOT: MARLENE L. BRIMEYER
3. SURVEY REQUESTED BY: CITY OF
DUBUQUE, 50 W. 13TH ST. DUBUQUE,
IOWA
4. THIS PLAT I5 SUBJECT TO ALL
EASEMENTS OF RECORD AND NOT OF
RECORD.
5. DATE OF SURVEY: 07-01-2016
PLACE. PER INST.
2097.99018316
(491.85')
491.80
51°59'59"E 52.00`
FOUND IRON ROD/PIPE AS SHOWN
SET 5/8" REBAR WITH YELLOW
PLASTIC CAP #18128
R.O.W. RIGHT OF WAY
(100.00') RECORDED DIMENSION
0 LINE BREAK
ADJACENT PROPERTY LINE
-- RIGHT OF WAY LINE (EXISTING)
® FOUND MAG NAIL/MASONRY
NAIL
EXHIBIT A
SANITARY SEWER UTILITY EASEMENT
ACROSS PART OF LOT 1 OF THE SUB. OF
SW 4 OF SW 4 SEC. 9, T89N, R2E OF THE 5TH
P.M.
MARLENEL. BRIMEYER
(EAST 195 53) 586° 00' 011E 19
N2° 06' 2TW 52.00'1
588° 39 26"E 0.40'
N88°00'01"E 19523'_
LOT 2 OF SW1/0. OF SW 1
SEC 9, T89N, R. OF 5THpM
068°00'01"W 69643'
Prepared by: Nate Kieffer, City of Dubuaue. 50 W. 13th Street. Dubuque. IA 52001 (5631589-4270
Return to: Kevin S. Firnstahl, City Clerk. City of Dubuque. 50 W. 13th Street. Dubuque. IA 52001 (5631589-4121
RESOLUTION NO. 369-17
ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY
THROUGH, OVER AND ACROSS PART OF LOT 1 OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 89
NORTH, RANGE 2 EAST OF THE 5TH P.M., IN THE COUNTY OF DUBUQUE, IOWA
Whereas, Marlene L. Brimeyer has executed a Grant of Easement for Sanitary
Sewer Utility through, over and across part of Part of Lot 1 of the Southwest Quarter of
the Southwest Quarter of Section 9, Township 89 North, Range 2 East of the 5th P.M.,
in the County 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 Part of Lot 1 of the Southwest Quarter of the Southwest Quarter of Section 9,
Township 89 North, Range 2 East of the 5th P.M., in the County of Dubuque, Iowa as
shown on the attached Grant of Easement for Sanitary Sewer Utility and Exhibit A, from
Marlene L. Brimeyer, 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 20th day of November, 017.
Attest:
Kevin . Firnsta ii CMC, City Clerk
Roy 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. 369-17 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 21st day of November, 2017.
FKevin Firnstahl, CM ity Clerk
.:(SEAL)„•`'
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