Pine Knoll Condominiums Sanitary Sewer AcceptanceTHE CITY OF
DUB
E
Masterpiece an the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of Sanitary Sewer and Watermain at Pine Knoll
Condominiums on Lot 1-1-3 St. Mary's Place
DATE: September 1, 2009
.~'.~
2007
Dubuque
AN-anetiCaCi1Y
City Engineer Gus Psihoyos is recommending acceptance of the sanitary sewer and
watermain improvements that the developer, Kane Development Corp., a/k/a
Renaissance Construction Corp., has previously completed on Lot 1-1-3 St. Mary Place
(also known as Pine Knoll Condominiums), with the condition that the City incurs no
additional expense with regard to colored concrete. Maintenance of said improvements
shall be the responsibility of Kane Development Corp., a/k/a Renaissance Construction
Corp., for a period of two years from the date of acceptance.
Since the private streets, sidewalks, and drives are constructed of colored and
patterned concrete, City staff has recommended the additional costs therefore should
not be the responsibility of the City. A separate easement agreement has been
executed with the Pine Knoll Homeowners Association that relieves the City of the
additional expense with regard to colored and patterned concrete for the street,
sidewalk, or driveways due to repair of said public sewer or watermain.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
THE CTTY OF Dubuque
--~.,,
Du~ E M-Amer~caCity
Masterpiece an the Mississippi
2007
TO: Michael C. Van Milligen, City Man r
FROM: Gus Psihoyos, City Engineer
DATE: August 31, 2009
SUBJECT: Acceptance of Sanitary Sewer and Watermain at Pine Knoll
Condominiums on Lot 1-1-3 St. Mary's Place
INTRODUCTION
The enclosed material provides for City Council acceptance of the sanitary sewer and
watermain improvements that the developer, Kane Development Corp aka Renaissance
Construction Corp., has previously completed on Lot 1-1-3 St. Mary's Place (also known
as Pine Knoll Condominiums).
BACKGROUND
As a condition of approval of the Pine Knoll Condominiums, the developer was required
to install certain improvements including sanitary sewer and watermain. The developer,
Kane Development Corp., has previously completed the improvements and has formally
requested the City's acceptance of the sanitary sewer and watermain that has been
installed.
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 February 10, 2001, Kane Development Corp. requested the City's acceptance of the
sanitary sewer and watermain in Pine Knoll Condominiums. Upon inspection by the
City, it had been determined that the sanitary sewer improvements in Phase I were
completed in accordance with plans approved by the City Council and in conformance
with City specifications. Phase I sanitary sewer was accepted on September 4, 2001.
Since Katrina Circle is a private street, an easement has been executed by the Pine
Knoll Homeowner's Association for the maintenance and repair of the sanitary sewer
and watermain within and outside the roadway area.
The watermain had not been installed to City specifications at the time the City
accepted the Phase I sanitary sewer; and consequently, the watermain was not
accepted at that time. Subsequent construction has remedied the noncompliant items
and the remaining watermain is now completed.
On May 11, 2004, Kane Development Corp. requested acceptance of the remaining
sanitary sewer and the watermain that had been completed at that time. A change in
ownership of the development caused a delay in construction and in the request for
acceptance of the proposed public sewer and watermain.
On January 29, 2009, the most recent request for acceptance of the sanitary sewer and
watermain was received from Kane Development Corp aka Renaissance Construction
Corp. The Engineering Department has received confirmation from Water Distribution
that the watermain meets City specifications. Kane Development Corp aka
Renaissance Construction Corp. has provided a maintenance bond for two years from
the date of this resolution for the sanitary sewer and watermain improvements.
Since the private streets, sidewalks, and drives are constructed of colored and
patterned concrete, City staff has recommended the additional costs therefore should
not be the responsibility of the City. A separate easement agreement has been
executed with the Pine Knoll Homeowners Association that relieves the City of the
additional expense with regard to colored and patterned concrete for the street,
sidewalk, or driveways due to repair of said public sewer or watermain.
RECOMMENDATION
The Engineering Department recommends that the sanitary sewer and watermain in Lot
1-1-3 St. Mary's Place (also known as Pine Knoll Condominiums) be accepted, with the
condition that the City incurs no additional expense with regard to colored concrete.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolutions accepting the sanitary
sewer and watermain improvements in Lot 1-1-3 St. Mary's Place (also known as Pine
Knoll Condominiums) and the Grant of Easement for same.
Prepared by Ron Turner, PLS
cc: Bob Green, Water Plant Manager
John Klostermann, Street and Sewer Maintenance Supervisor
RESOLUTION NO. 307-09
ACCEPTING SANITARY SEWER AND WATERMAIN IMPROVEMENTS IN
LOT 1-1-3 ST. MARY'S PLACE IN THE CITY OF DUBUQUE, IOWA (ALSO
KNOWNS AS PINE KNOLL CONDOMINIUMS)
Whereas, certain improvements including sanitary sewer and watermain
were installed by the developer of Lot 1-1-3 St. Mary's Place (Pine Knoll
Condominiums); and
Whereas, the sanitary sewer and watermain 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 sanitary sewer and watermain improvements in Lot 1-1-3 St. Mary's
Place in the City of Dubuque, Iowa (also known as Pine Knoll Condominiums),
be and the same is hereby accepted.
Section 2. That maintenance of said improvements, including the
replacement of colored or patterned concrete streets, driveways, and sidewalks
at the option of the Homeowners Association, shall be the responsibility of
Renaissance Construction Corp. for a period of two (2) years from this date.
Passed, approved and adopted this Stn,
Attest:
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eanne F. Schneider, CMC, City Clerk
day of September , 2009.
;~ Roy D. Buol, Mayor
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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. 13 Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 308-09
RESOLUTION ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER
AND WATER MAIN IMPROVEMENTS IN LOT 1-1-3 ST. MARY'S PLACE IN THE
CITY OF DUBUQUE
Whereas, Pine Knoll Homeowner's Association, an Iowa non-profit Corporation,
has executed an Easement for Sanitary Sewer and Water main and appurtenances
through, under and across a part of Lot 1-1-3 St. Mary's Place 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 and Water main and
appurtenances through, under and across a part of Lot 1-1-3 St. Mary's Place in the
City of Dubuque, Dubuque County, Iowa from Pine Knoll Homeowner's Association, an
Iowa non-profit Corporation, 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 8t~ day of septE~ber , 2009. -
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Atte t:
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anne F. Schneider, CMG, City Clerk
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563) 589-4270
GRANT OF EASEMENT FOR SANITARY SEWER AND WATER MAIN AND
APPURTENANCES
For good and valuable consideration, the receipt whereof is hereby acknowledged,
Pine Knoll Homeowner's Association, an Iowa non-profit Corporation
2910 Katrina Circle
Dubuque, Iowa 52001 ,
of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant 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:
Lot 1 of 1 of 3 St. Mary's Place in the City of Dubuque, Iowa, (also known as Pine
Knoll Condominiums)
Said easement shall be as shown on the attached EXHIBIT A, for the purpose of
reconstructing and maintaining sanitary sewer and water main and appurtenances in
accordance with the Plans and Specifications on file in the office of the City Engineer.
It is understood and agreed that Grantee herein shall restore the disturbed area due to the
installation or repair of said utilities. Grantee shall not be responsible for any additional expense
for the replacement of any existing colored or pattemed concrete streets, drives or sidewalk.
Grantor shall not erect any structure over or within the easement area without obtaining the prior
written approval of the City Engineer. Grantor shall be responsible for any additional expenses
for colored or pattemed concrete, if Grantor elects to have Grantee reconstruct with similar
construction.
Grantor shall not change the grade, elevation, contour or pertorm any construction or
excavation that will diminish the lateral support of said improvements, except as shown on the
approved improvement plans, 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 owner(s) 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 watermain and appurtenances thereon or therein.
Dated at Dubuque, Iowa this o~ ~ day of ~2~ u~~ , 2009.
Patricia Friedman
Pine Knoll Homeowner's Association
An Iowa non-profit Corporation
ALL PURPOSE ACKNOWLEDGMENT
STATE OF IOWA )
COUNTY OF DUBUQUE )
On this ~~ ~/day of , 2009, before me, the~~++ndersigned, a Notary Public
in and for said State, personally eared Patricia Friedman /to me personally known, OR
_ proved to me on the basis o satisfactory evidence to b~e the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/herltheir signature(s) on the
instrument the person(s) acted, executed the ins rument.
,.-
(Notary Seal) ~-~~~~~.e sign in ink)
~~iG.~GJc,~icz°f ~,~~ (print/type name)
Notary Public in and for State of Iowa
CAPACITY CLAIMED BY IGNER o``'R JEA~!++- ~CMM~IDE~
INDIVIDUAL ~~ _ ~ oo`~ No 7p~
- CORPORATE OFFICER(S) ~~~~ ~/~'~ . IoW * M~ SS/GN EXP/q'Fs
(Title) „~,. ~I28hv
(CORP SEAL)
_ AFFIXED :. ,
_X_ NO SEAL PROCURED
_ PARTNER(S) _ LIMITED _ GENERAL
- ATTORNEY-IN-FACT
TRUSTEE(S)
_ GUARDIAN/CONSERVATOR
_X_ OTHER
SIGNER IS REPRESENTING:
Pine Knoll Homeowner's Association
an Iowa non-profit Corporation
SANITARY SEWER ~ WATERMAIN EASEMENT
EXH:[BIT "A"
DUBUQUE, IOWA
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