DICW_North Siegert Farm Utilities Easementszoos
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Dubuque Industrial Center West -North Siegert Farm Utility Easements
DATE: September 1, 2009
City Engineer Gus Psihoyos recommends City Council approval of resolutions
accepting the sanitary sewer and watermain easements in the Dubuque Industrial
Center West for the extension of said utilities with regard to the development of the
North Siegert Farm.
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 CITY OF
DUB E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen,
FROM:
DATE:
City Manager
Gus Psihoyos, City Engineer
August 31, 2009
SUBJECT: Dubuque Industrial Center West -North Siegert Farm
Utility Easements
INTRODUCTION
Dubuque
AM-AmericaC~lr
2007
Enclosed are the resolutions accepting the sanitary sewer and watermain easements in
the Dubuque Industrial Center West for the extension of said utilities with regard to the
development of the North Siegert Farm.
DISCUSSION
Easement over private property was necessary in order to extend the existing sanitary
sewer and watermain into the newly-graded area north of Chavenelle Road (North
Siegert Farm). A small triangular-shaped easement was acquired from Giese
Properties, LLC in order to extend a 12-inch watermain in Chavenelle Road to the new
proposed street which will connect to Pennsylvania Avenue.
A sanitary sewer easement was acquired from Callahan Construction, Inc. at the east
side of the Westbrook development. This sewer will be extended to serve the western
portion of the North Siegert Farm.
Enclosed are two easements for the project.
RECOMMENDATION
The above property and easements have been purchased by the City for a total value of
$625.78. I would recommend the adoption of the attached resolutions accepting the
easements for the sanitary sewer and watermain.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolutions accepting the
easements from Callahan Construction, Inc. and Giese Properties, LLC.
Prepared by Ron Turner, PLS
cc: Steve Sampson Brown, Project Manager
David Heiar, Economic Development Director
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. . 309-09
RESOLUTION ACCEPTING A GRANT OF AN EASEMENT FOR SANITARY SEWER
THROUGH, UNDER AND ACROSS A PART OF LOT A OF WESTBROOK
SUBDIVISION IN THE CITY OF DUBUQUE
Whereas, Callahan Construction, Inc. has executed an Easement for Sanitary
Sewer through, under and across a part of Lot A of Westbrook Subdivision 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 a part of Lot A of Westbrook Subdivision in the City of Dubuque, Dubuque
County, Iowa from Callahan Construction, Inc., 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 sih day of Se 'tember , 2009.
Roy D. Buol, Mayor
Att fit:
~.~~
eanne F. Schneider, CMC, City Clerk
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13~' 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
GRANT OF EASEMENT FOR SANITARY SEWER
For and in consideration of the sum of One Dollar ($1.00) and other good and valuable
consideration, the receipt whereof is hereby acknowledged,
Callahan Construction, Inc.
7629 Commerce Park
Dubuque IA 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 Part of LOT A of Westbrook Subdivision in the City of Dubuque, Dub. Co.,
Iowa.
Said easement shall be as shown on the attached EXHIBIT A, for the purpose of constructing,
reconstructing, remodeling or repairing a sanitary sewer and appurtenances in accordance with
the Plans and Specifications on file in the office of the City Engineer.
Grantor further grants to the City of Dubuque, and its employees, agents and contractors, the
right to enter said property and occupy a temporary easement during the period of construction
over a strip of land not to exceed 50 feet in width on either side of the centerline of the proposed
sewer on said property until the project is accepted by the City Council.
It is understood and agreed that the grantee herein shall restore the disturbed area due to the
installation and 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 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 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 thereon or therein.
By my/our signature(s), I/we hereby acknowledge receipt of a compensation estimate of the
value of the real property or interest in real property, and ~ of any buildings or other
improvements, including fences located on the real property being acquired or compensated for
and of any damages or loss of access caused to remaining property, if any, in lieu of an
appraisal of such property, buildings or improvements, as provided in Iowa Code Sections
66.28 and 68.54(2).
'~ 20~Q9.
Dated at Dubuque, Iowa this ~~ day of ,~ ~~ ` ' ~?' ~
ahan Construction, Inc.
ALL PURPOSE ACKNOWLEDGMENT
STATE OF IOWA
COUNTY OF DUBUQUE
~~r~ ~
On this ,~~.'~--day of , 2009, before e, the undersigned, a Notary Public
in and for said State, personally app ared "~~ % C~l~~~
.~ to me personally known, OR _ proved to me on the basis of satisfactory evidence to be
fhe 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 a horized capacity(ies), and that by
his/her/their signature(s) on the instrument the pen(s) a~executed the instrument.
(Not ~'~~~'`~ (sign in ink)
_.~.~..
ir* ., RONALD J. TURPiEFi '~
Comm)€slcn Numb®r 18864 ~ ~ , /~C~~~ (print/type name)
,,,,, r &ty Ca~nmlas!on Explrb~ :Z-'1 ~I`G
Notary Public in and for State of Iowa
CAPACITY CLAIMED BY SIGNER
_ INDIVIDUAL
CORPORATE OFFICER(S) ~~~~~ (Title)
(CORP SEAL)
_ AFFIXED SIGNER IS REPRESENTING:
NO SEAL PROCURED Name of Person(s) or Entity(ies):
PARTNER(S) _ LIMITED ~a GENERAL Callahan Construction, Inc.
_ ATTORNEY-IN-FACT
_ TRUSTEE(S)
_ GUARDIAN/CONSERVATOR
OTHER
PREPARE(] av~ IIW ENGINEERS & SURVEYORS P.C, 4155 PENNSYLVANIA AVE, DUBUQUE, IOWA, (563) 556-2464
EXHIBIT A
PERMANENT SANITARY SEWER EASEMENT ACROSS PART OF LOT A
OF WESTBROOK SUBDIVISION IN THE CITY OF DUBUQUE, IOWA
I
I
W ~
00
N p
rn o LOT 2-1
~ ~
NORTH `~ ~ SE1 /4 NWl /4
~ LOT 2 SEC. 30-89-2E
GRAPHIC SCALE SW1/4 NW1/4 I
0 100 200 SEC. 30-89-2E I
~"=ioo' ., PERMANENT SANITARY
DRAWING MAY HAVE BEEN REDUCED (N 89'20'27" E ' SEWER EASEMENT
189.42) ~ 2,900 SQ. FT.
_..~-_
_-- ~ 25~
~.
~~--"
. ~-~
~.
_ _
X 2.0' SANITARY
SEWER EASEMENT °o
PER INST. 2005-3188 LOT A
WESTBROOK SUBDIVISION o
LEGEND -,
0
PARCEL BOUNDARY j
( ) RECORD INFORMATION _,
ROW RIGHT-OF-WAY ~"!
v
EX EXISTING
NOTE IIVf/ E1JGII~3 ~
THIS SURVEY IS SUBJECT TO EASEMENTS, SURVEYOlt3, P.G
RESERVATIONS, RESTRICTIONS AND nr~ ~`~' .oruno~s
RIGHTS-OF-WAY OF RECORD AND NOT OF 4>%tm~wsx,.vruuwvs ~ ,~`s~m
RECORD. ~ ~~ ~~
PROPRIETOR: CALLAHAN CONSTRUCTION, INC. DRAWN s"~ ''`"' ""' `°-'
SURVEYED FOR: CITY OF DUBUQUE CHECKED JMT PROJ. N0.0714
DATE PREPARED: JUNE 2009 DATE 06-04-09 SHEET 1 ct 1
:\07\147-01\DWC\CIV\PH3\EASE-
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. 310-09
RESOLUTION ACCEPTING A GRANT OF AN EASEMENT FOR WATERMAIN
THROUGH, UNDER AND ACROSS A PART OF LOT 1 OF 1 OF DUBUQUE
INDUSTRIAL CENTER WEST 5T" ADDITION IN THE CITY OF DUBUQUE
Whereas, Giese Properties, LLC has executed an Easement for Watermain
through, under and across a part of Lot 1 of 1 of Dubuque Industrial Center West Stn
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 Watermain through, under and
across a part of Lot 1 of 1 of Dubuque Industrial Center West 5t" Addition in the City of
Dubuque, Dubuque County, Iowa from Giese Properties, LLC, 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 8th day of se Gember , 2009.
~ ` ,~
` ~ Roy D. Buol, Mayor
Attest:
.~~~~' ..
eanne 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. 13 Street, Dubuque, IA 52001 (563) 589-4270
GRANT OF EASEMENT FOR WATERMAIN
For and in consideration of the sum of One Dollar ($1.00) and other good and
valuable consideration, the receipt whereof is hereby acknowledged,
Giese Properties, LLC
7025 Chavenelle Rd.
Dubuque, la 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, a
right-of-way and easement through, under and across the following described
real estate situated in Dubuque, Iowa, to wit:
Lot 1 of 1 of Dubuque Industrial Center West 5th Addition in the City of
Dubuque, Dubuque Co., Iowa
Said easement shall be as shown on the attached Exhibit A for the purpose of
constructing and maintaining a watermain in accordance with the Plans and
Specifications on file in the office of the City Engineer.
Together with the right to enter upon said property and occupy the temporary
easement area twenty feet beyond the limits 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 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.
Apr. 17, 2009
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.
By my/our signature(s), I/we hereby acknowledge receipt of a compensation estimate of
the value of the real property or interest in real property, and of any buildings or other
improvements, including fences located on the real property being acquired or
compensated for and of any damages or loss of access caused to remaining property, if
any, in lieu of an appraisal of such property, buildings or improvements, as provided in
Iowa Code Sections 6B.2B and 6B.54(2).
Dated at Dubuque, Iowa this ~_ da / of l~~ , 2009.
ese Properties, LLC
ALL PURPOSE ACKNOWLEDGMENT
STATE OF IOWA )
COUNTY OF DUB~UQ~UE )
On this _~~~-- day of ~5 , 2009, before me, th undersigned, a
Notary Public in and for said Stat ,personally appeared osn¢s
~~ ~: ; es ~. to me personally known,
OR proved to me on the basis of satisfactory evidence to be 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/her/their signature(s) on the instrument/ the person )acted, executed the
instrument. ~ -~
(Notary Seal)
~P ~ ®~ RONALD J. TURNER
_° ~ 4omr~l~slor~ Nuntrar 488684
,o~~ ~ Yy Co,~rr~l~yler P.rplre~~ O'217~"L
ign in ink)
,~~-,.,.~~~ ~~'~/~-(print/type name)
Notary Public in and for State of Iowa
Apr. 17, 2009
PREPARED BY; IIW ENGINEERS & SURVEYORS P. C, 4155 PENNSYLVANIA AVE, DUBUQUE, IOWA, (563) 556-2464
EXHIBIT A
PERMANENT WATER MAIN EASEMENT ACROSS PART OF LOT 1-1 OF
DUBUQUE INDUSTRIAL CENTER WEST 5TH ADDITION IN THE CITY OF
~ DUBUQUE, IOWA EX ~T&T EASEMENT PER
LOT 1-1 INST. 5903-88
I SE1/4 NWt/4
I - - - SEC. 30, T89N, R2E _ _ _ _ _ _ _ ~ _ _ -
(N87'14'45"E 300.58')
N
~~ ON
~
NORTH ; LOT 1-1
~• 1.831 ACRES LOT 2-1
GRAPHIC SCALE `,~. oo DUBUQUE INDUSTRIAL
0 ,
100 200 ~ m CENTER WEST 5TH ADD
~ ~
fV
1 "=100' ~ J G'_ (L= 107.33'
DRAWING MAY HAVE BEEN REDUCED R= 1050.00' '~
~= 05'51'23"
LOT 6, DUBUQUE CHORD= S78'S8'33"W
INDUSTRIAL CENTER WEST 107.28')
LEGEND
-~ PARCEL BOUNDARY , PERMANENT WATER
( > RECORD INFORMATION ~ MAIN EASEMENT
ROW RIGHT-OF-WAY ~O - 735 SQ. FT.
U.E, PUBLIC UTILITY EASEMENT ~
~ _ +
/~ O
EX EXISTING ^, ~
EX 15' U.E. i 38,0+
ROAD
~ CHAVENELLE
// ~ (100 ROW)
NOTE ~~~~
THIS SURVEY IS SUBJECT TO EASEMENTS, SURVBYORS, P.C.
RESERVATIONS, RESTRICTIONS AND ~t '0fp°0'~
RIGHTS-OF-WAY OF RECORD AND NOT OF 4wrD0~0°04awwnv~wmwvs a `~um
RECORD. MO1~~ ~ ~""'
PROPRIETOR: GIESE PROPERTIES, LLC. DRAWN sAF PLAT NO. 25-IA-o9
SURVEYED FOR: CITY OF DUBUQUE CHECKED ,1MT PROJ. NO. 07147-01
DATE PREPARED: JUNE 2009 DATE o6-o4-os sHEEr 1 ct 1
\07\147-01\DWG\CIV\PH,3\EASE-GIESE
CAPACITY CLAIMED BY SIGNER
_ INDIVIDUAL r
CORPORATE OFFICER(S) t c< r~s~d a (Title)
(CORP SEAL)
_ AFFIXED
~C' NO SEAL PROCURED
_ PARTNER(S) x LIMITED _ GENERAL
_ ATTORNEY-IN-FACT
TRUSTEE(S)
_ GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies)
Giese Properties, LLC
Apr. 17, 2009