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