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Oak Meadows Second Addition Phase 4TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of Public Improvements in Block 3 Oak Meadows Second Addition -Phase 4 (Doe Court) DATE: February 10, 2009 City Engineer Gus Psihoyos is recommending acceptance of the public improvements that the developer and owner, Jim Stock Realty and Construction, has recently completed in Block 3 of Oak Meadows Second Addition -Phase 4 (Doe Court). Maintenance of said improvements shall be the responsibility of the owner, Jim Stock Realty and Construction, for a period of two years from the date of acceptance. It is further recommended that the sanitary sewer easement be accepted. I concur with the recommendation and respectfully request Mayor and City Council approval. `~ `~ ~ ._ a ~~ . ~, __ Michel C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer ..--~ TH L CITY t.~ r '~° ~.-- .t ~~~~ ° m 1't/~t7~~C'?"~:~1t'.C'E' t)I'l f~l~' 1~rt~l~Sl~~t~'1~~~ TO: Michael C. Van Milligen, City Manager a ~ ~ ~a FROM: Gus Psihoyos, City Engineer _-~ DATE: February 6, 2009 Dubuque ,~~f ~ me f ~~f I~~I 2007 SUBJECT: Acceptance of Public Improvements in Block 3 Oak Meadows Second Addition -Phase 4 (Doe Court) INTRODUCTION The enclosed material provides for City Council acceptance of the public improvements which the developer and owner, Jim Stock Realty and Construction, has completed in Block 3 of Oak Meadows Second Addition -Phase 4 (Doe Court) in the City of Dubuque, Iowa. BACKGROUND As a condition of subdivision plat approval through Resolution No. 87-01, the developer of Block 3 Oak Meadows Second Addition was required to install certain public improvements including sanitary sewer main and watermain and to dedicate these improvements to the City upon completion. Since a portion of the sanitary sewer was outside the easements shown on the Final Plat of Block 3 Oak Meadow Second Addition, a separate easement was obtained from the developer and recorded in 2005. DISCUSSION The Subdivision Ordinance requires that upon completion of all the required public improvements, the subdivider shall notify the City in writing of the completion of the improvements, requesting that the City either approve or reject the acceptance of the improvements, together with a statement of reasons for any rejection. On December 4, 2008, Jim Stock Realty and Construction requested City's acceptance of the improvements in Block 3 Oak Meadows Second Addition -Phase 4. Upon inspection by the City, it has been determined that all of the public improvements required by Resolution No. 87-01 have been completed in accordance with plans approved by the City Council and in conformance with City specifications. THE CITY OF DUB Masterpiece on the Mississippi Oak Meadow II, Block 3 Sanitary Sewer and Water Main Acceptance Vicinity Map Dubuque ktiferl Amoco Cell 11II'I '_1107 DISCLAIMER: This Information was compiled using the Dubuque Area Geographic Information System (DAGIS), which Includes data created by both the City of Dubuque and Dubuque County. It Is understood that, while the City of Dubuque and participating agencies utilized the most current and accurate Information available, DAGIS and les suppliers do not warrant the accuracy or currency of the Information or data contained herein. The City and participating agencies shall not be held liable for any direct, Indirect, Incidental, consequential, punitive, or special damages whether foreseeable or unforeseeable, arising out of the authorized or unauthorized use of this data or the inability to use this data or out of any breach of warranty whatsoever. 1 inch equals 300 feet 300 150 300 Feet W+E Map Prepared by: TWK City of Dubuque Engineering Division 50 West 13th Street Dubuque, Iowa 52001 Phone: (563) 589-4270 Fax: (563) 589-4205 RESOLUTION 49-09 ACCEPTING IMPROVEMENTS IN FLOCK 3 OAK MEADOWS SECOND ADDITION -PHASE 4 (DOE COURT) IN THE CITY OF DUEUQUE, IOWA Whereas, pursuant to Resolution No. 87-01, certain public improvements including sanitary sewer main and watermain were installed by the developer of Block 3 Oak Meadows Second Addition in the City of Dubuque, Iowa. Whereas, the improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, .and has recommended that the improvements be accepted by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements in Block 3 Oak Meadows Second Addition - Phase 4 (Doe Court) in the City of Dubuque, Iowa, be and the same is hereby accepted. Section 2. That maintenance of said improvements shall be the responsibility of Jim Stock Realty and Construction for a period of two (2) years from the date of this resolution. Passed, approved and adopted this 16th day of February, 2009. Roy D. Buol, Mayor Attest: Jeanne F. 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Q ~ ^ ~ Lil F mW~ ~~~3~ .. ` a ~'`~ z~ Q ~ < ~ ~Z}~m ~~~~~ -~ z IY }~' O ~ wm~~S mq~P ~ ~ ~ N ~ o r 1 ' ' RESOLUTION NO. 50-09 A RESOLUTION ACCEPTING THE GRANT OF AN EASEMENT FOR SANITARY SEWER THROUGH, UNDER AND ACROSS LOTS 3, 4, AND 5 OF BLOCK 3 OF OAK MEADOW SECOND ADDITION IN THE CITY OF DUBUQUE Whereas, James W. and Nancy S. Stock have executed an Easement for Sanitary Sewer through, under and across Lots 3, 4, and 5 of Block 3 of Oak Meadow Second Addition in the City of Dubuque, Dubuque County, 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 through, under and across Lots 3, 4, and 5 of Block 3 of Oak Meadow Second Addition in the City of Dubuque, Dubuque County, Iowa from James W. and Nancy S. Stock, 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 16th day of February, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk + ~ '`~ ~ ~" IIIIIIIIIilillllllllllllllllilllllllllllllllllilllllllllllllllllllllllllllllll Doc ID: 005091880002 TVPe: OEN Recorded: 02/01/2005 at 10:45:43 AM Fee Amt: $12.00 Page 1 of 2 Dubuque County Iona Kathy Flynn Thurlov Recorder File 2005-00001458 PREPARED BY: lIW Engineers & Surveyors, P.C. 4155 Permsylvania Ave., Dubuque, IA 3I9-556-2464 GRANT OF EASEMENT FOR SANITARY SEWER For and th consideration of the sum of One Dollaz (51.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, lames W. and Nancy S. Stock P.O. Box 3054 3001 Deerwood Circle Dubuque, Iowa 52004-3054 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, in perpetuity, from the date hereof, a right of way and easement through, under and across, the following described real estate situated in Dubuque, Iowa, to wit: Lots 3, 4 and 5 of Block 3 of Oak Meadow 2°d Addition in the City of Dubuque, Iowa. Said easement shall be 20 feet in width centered over the sanitary sewer pipe as shown on attached Exhibit "A" for the purpose of constructing and maintaining a sanitary sewer in accordance with the plans and specification on file in.the office of the city engineer. It is understood and agreed that the grantee herein shall restore the disturbed azea due to the repair of said sanitary sewer or water main. Grantor shalt 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, and contour or perform any construction or excavation that will diminish the lateral support of said improvements without obtaining the prior written consent of the City Engineer. To 4ave and to hold unto the said City of Dubuque, Iowa, forever, and the undersigned do hereby expressly covenant that they aze 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, remodel or repair said sanitary sewer or water main thereon or therein. IN )'1' NESS THEREOF, p ~es have set their hands, for the purpose herein expressed. /~~ 0 (it/ ~ Date: W. S ~!~ZaN `~' `- Date: / cy S. Sto ~k Sheet 1 of 2 State of Iowa) ) ss: County of zz On this V ~ ~ day of _ J ~'~' eared ~~ ~ ~ ll 2005, Ab~fore me, the undersigne , a Notary Public in and for the State ~" / v a'~ c' S~ ~ to me known to be the y app of Iowa, persona persons named in and who executed the foregoing instrument an acknowledged that they executed the same as their voluntary act and deed. ~~~ ' n ,, p,~ ~ y~ • dGv~~i~/ /" "" 1. Notary Public In and for State of Iowa "' , ~. F~i0AiA4ElT • " My Commission Expires: ~a+en-kvmtier t e8ass ' : Yy Commiulon Ezplret~r~ - ~/a ~~ .:_ ~~ 3 y ~ 0~ bG. ~a/ Jim Stock Realty 8 Construction Phone /Fax 319-556-2332 P.O. Box 3054 Dubuque, Iowa 52004-3054 jamesstock a mchsi.com Thursday, December 04, 2008 Ron Turner City Engineer 50 West 13th Street Dubuque, Iowa 52001 Ron, We are hereby notifying you of the completion of the installation of the Water Mains and Sewer Mains at Oak Meadow's II, Phase IV. Sewer Main Located on Lot 2, 3, 4, and 5, Block 3 Oak Meadow 2nd Addition. Water Main Located on Lot A and Lot B, Block 3 Oak Meadow 2nd Addition. As per paragraph (c) "Sec. 42-24. Improvement guarantees" (c) Inspection: Upon completion of all required improvements, the owner shall notify the City Engineer, in writing, of the completion of improvements, and shall send a copy to the City Planner. The City Engineer shall inspect all improvements of which such notice has been given and shall file a detailed report, in writing, with the City Manager and property owner, indicating either approval or rejection of such improvements with a statement of reasons for any rejection." I will be awaiting your report. Respectfully yours, James Stock Cc: City Planner /Zoning Department/Kyle Kritz City of Dubuque Zoning 50 west 13th Street Dubuque, Iowa 52001