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Hempstead Traffic Signals Acceptance of Storm Sewer EasementTHE CITY OF Dubuque DUB E i r Masterpiece on the Mississippi 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Hempstead Traffic Signals -Acceptance of Storm Sewer Easement DATE: February 10, 2009 The installation of new traffic signals on Pennsylvania Avenue west of Lucy Drive for the Hempstead pedestrian crossing required the rerouting of a portion of the existing storm sewer. The relocation encroaches on property owned by Gary and Beverly Brewer, who have executed an easement. City Engineer Gus Psihoyos recommends City Council acceptance of the Easement for Storm Sewer. I concur with the recommendation and respectfully request Mayor and City Council approval. ~-- . Michae C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer THE CITY QF ~,,,,. Dubuque ~' ~B E "~ 1 I ~II~~ Master~tece ors the IVltssissrppi 200 DATE: February 5, 2009 SUBJECT: Hempstead Traffic Signals -Acceptance of Storm Sewer Easement INTRODUCTION The purpose of this memorandum is to present a resolution accepting an Easement for Storm Sewer along Pennsylvania Avenue right-of-way west of Lucy Drive. DISCUSSION The installation of new traffic signals on Pennsylvania Avenue west of Lucy Drive for the Hempstead pedestrian crossing required the rerouting of a portion of the existing storm sewer. This relocation encroaches on Lot 1 Block 1 of Sunset Park 5th Addition owned by Gary and Beverly Brewer. An easement has been executed by the Brewers and is attached hereto. RECOMMENDATION I recommend that the City accept the easement for the relocated storm sewer from Gary and Beverly Brewer. ACTION TO BE TAKEN I respectfully request that the City Council adopt the attached resolution accepting the Easement for Storm Sewer. cc: Barry Lindahl, City Attorney Ron Turner, PLS Deron Muehring, Civil Engineer II RESOLUTION NO. 57-09 A RESOLUTION ACCEPTING THE GRANT OF AN EASEMENT FOR STORM SEWER OVER AND ACROSS LOT 1 BLOCK 1 SUNSET PARK FIFTH ADDITION IN THE CITY OF DUBUQUE Whereas, Gary C. and Beverly R. Brewer have executed an Easement for Storm Sewer over and across Lot 1 Block 1 Sunset Park Fifth 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 Storm Sewer over and across Lot 1 Block 1 Sunset Park Fifth Addition in the City of Dubuque, Dubuque County, Iowa from Gary C. and Beverly R. Brewer, 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 adotped this 16th day of February, 2009 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 GRANT OF EASEMENT FOR STORM SEWER For and in consideration of the sum of Five Hundred and 00/100 Dollars ($500.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Gary C. Brewer and Beverly R. Brewer 1665 Lucy Dr. Dubuque, Iowa 52002 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, in perpetuity, from the date hereof, aright-of-way and easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: A strip of land ten (10) feet in width abutting the right of way line of Pennsylvania Avenue along the northerly boundary of Lot 1 Block 1 Sunset Park Fifth Addition in the City of Dubuque, Dubuque County, Iowa Said easement shall be for the purpose of constructing and maintaining a storm sewer in accordance with the City of Dubuque Standards and Specifications on file in the office of the City Engineer. Together with the right to enter upon said property and occupy a temporary easement an additional ten (10) feet in width parallel to the right of way line of Pennsylvania Ave. 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 installation or repair of said storm 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, contour or perform any construction or excavation that will diminish the lateral support of said improvement 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, remodel or repair said storm sewer thereon or therein. Dated at Dubuque, Iowa this C;? -~ day of ~~ ~- ~. cc ~. s^ ~J , 2009. f nary C. re er L' ~..~~' Beverly'R. Brewer STATE OF IOWA, COUNTY OF DUBUQUE, SS: _. On this ~r~` day of ~-' , A.D., 2009 before me, the undersigned, a Notary Public in and for said County said State, personally appeared Gary C. Brewer and Beverly R. Brewer 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 Publi~f'In a'r~d For Said State JANET YAGER Notarial Seal -Iowa Commission No.: 220509 My Commission Expires: 1/26/2011 Storm Sewer Eastment 1665 Lucy Drive