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Approval.Acceptance of a Grant of Easement for Water Main Utility_2319 Manson Road_Woodward Copyrighted March 5, 2018 City of Dubuque Consent Items # 8. ITEM TITLE: Approval and Acceptance of a Grant of Easementfor Water Main Utility over property at 2319 Manson Road SUMMARY: City Manager recommending approval and acceptance of an easement for water main utility for an existing water main across part of 2319 Manson Road from the Kirstin K. Woodward Trust Dated December 9, 2010. RESOLUTION Accepting a Grant of Easement for Water Main Utility Through, Over and Across Part of Lot 1 of McNamerAcres No. 3, in the cityof Dubuque, lowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Manson Road Acceptance of Grant of Easement-NNM City Manager Memo Memo Staff Memo Staff Memo Resolution Resolutions Grant of Easement Supporting Documentation ExhibitA Supporting Documentation Area Map Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Approval and Acceptance of a Grant of Easement for Water Main Utility over the Kristin K. Woodward Trust Dated December 9, 2010 Property at 2319 Manson Road in Dubuque, lowa DATE: February 27, 2018 City Engineer Gus Psihoyos recommends City Council approval and acceptance of an easement for water main utility for an existing water main across part of 2319 Manson Road from the Kirstin K. Woodward Trust Dated December 9, 2010. I concur with the recommendation and respectfully request Mayor and City Council approval. �L;� 1��, ��,�� Mic ael C. Van Milligen �� MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF Dubuque _- � Du� � �.�� ic�` j'r I� � Masterpiece on the Mississippi ��"��°'� zais�xai� TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer �� ,� DATE: February 23, 2018 RE: Approval and Acceptance of a Grant of Easement for Water Main Utility over The Kristin K. Woodward Trust Dated December 9, 2010 Property at 2319 Manson Road in Dubuque, lowa INTRODUCTION The purpose of this memorandum is to seek approval and acceptance of an easement for water main utility for an existing water main across part of Lot 1 of McNamer Acres No. 3 in the City of Dubuque. BACKGROUND In 2012, Marty McNamer completed installation of approximately 1,500 lineal feet of 8" diameter PVC water main and appurtenances through the property at 2319 Manson Road in Dubuque as per City of Dubuque standards & specifications. The Kristin K. Woodward Trust Dated December 9, 2010 is the current owner of the property at 2319 Manson Road which is described as Lot 1 of McNamer Acres No. 3. The current property owner is requesting that the City accept said public improvement at its February 19, 2018 council meeting. The City Water Department is aware of this request and is amendable to the City's acceptance of said improvements. The proJect has been completed and has been inspected by the water department. The property owner would like to now dedicate the approximately 1,500 lineal feet of water main on the subject property. DISCUSSION On January 19, 2018 the owners requested City's acceptance of the said water main improvements. It has been determined that the public improvements have been completed in conformance with City specifications. The property owner has also granted the City of Dubuque an easement to facilitate the future operation and maintenance of the utility. RECOMMENDATION I recommend approving and accepting the Grant of Easement for Water Main Utility through, over and across part of Lot 1 of McNamer Acres No. 3 in the City of Dubuque, lowa, as shown on the attached grant of easement document. ACTION TO BE TAKEN I respectfully request approval and acceptance of the Grant of Easement for Water Main Utility from The Kristin K. Woodward Trust Dated December 9, 2010, through adoption of the attached resolution. Prepared by Nate Kieffer, PLS cc: Denise Ihrig, Water Department Manager Brant Schueller, Water Distribution Supervisor 2 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to: Kevin S. Firnstahl, City Clerk, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4121 RESOLUTION NO. 51-18 ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN UTILITY THROUGH, OVER AND ACROSS PART OF LOT 1 OF MCNAMER ACRES NO. 3, IN THE CITY OF DUBUQUE, IOWA Whereas, The Kristin K. Woodward Trust Dated December 9, 2010, has executed a Grant of Easement for Water Main Utility through, over and across Part of Lot 1 of McNamer Acres No. 3 in the City of Dubuque, 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 Water Main Utility through, over and across Part of Lot 1 of McNamer Acres No. 3 in the City of Dubuque, Iowa as shown on the Easement Exhibit, from The Kristin K. Woodward Trust Dated December 9, 2010, 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. Section 3. The City Clerk is hereby authorized to and directed to record this resolution and Grant of Easement for Water Main Utility with the Dubuque County Recorder. Passed, approved and adopted this 5th day of Marc '018. Attest: . .44 Kevin `'. F tr/V CMC, City Clerk Roy D. Buol, Mayor Prepared bv: Nate Kieffer, City of Dubuque, 50 W, 13'h Street, Dubuque, lowa 52001 (563)589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, lowa 52001 (563)589-4270 GRANT OF EASEMENT FOR WATER MAIN UTILITY For and in consideration of the sum of One Dollar ($1.00) and other good and valuable consid�ration, the receipt whereof is hereby acknowledged, Kristin K. Woodward, as Trustee of the Kristin K. Woodward Trust Dated December 9, 2010 2319 Manson Road Dubuque, IA 52003 of Dubuque County, State of lowa, 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, from the date hereof, rights of ways and easements through, under and across the following described real estate situated in Dubuqu�, lowa, to wit: Part of Lot 1 of McNamer Acres in the City of Dubuque, County of Dubuque, lowa as shown on Exhibit A attached hereto and by reference made a part hereof. Said easement shall be as shown on the attached Exhibit A for the purpose of constructing and maintaining water main and other appurtenances, along with the right, privilege and authority to construct, reconstruct, maintain, operate, repair, patrol and remove said improvements. Said easement shall also include the right to cut, trim or remove trees, bushes and roots as may be required incident to rights given herein. It is understood and agreed that the Grantee herein shall restore the disturbed area due to the construction, maintenance or repair of said water main and other a��urtPn�nc;Ps. 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 or integrity of said improvements without obtaining the prior written consent of the City Engineer. To have and to hold unto the said City of Dubuque, lowa, 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 or repair said water main thereon or therein. Dated at Dubuque, lowa this 1.3 f l� day of ��.� �� , , 2018. ,., J�O /I /y/,� � /�// i �9 � •'�,b�(i� � ('� GGi�i;./.�-�.��'l.. s By' l. '''�--�-�-e'_�( —. �`` e .�'f Kristin K. Wc�od�nrard, as Trustee of the Kristin K. Woodward Trust Dated December 9, 2010 NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: .;, On this � � � �� day of �`� �-�� , � , A.D., 2018 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Kristin K. Woodward 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. .•,9 ...�',, a�` �+ �iliSS�ll �Kl�f�E� .. -�-��,,.�J;.�.,�! /� i �� _.'-.---•� � � �"'m��'��'�"'�`� Nota Public In and For Said State � ° • ' a.��c,�r�s�;�t��r�.� rY �.�_.�:�?'..z..:...,...�,��.�2��Ot9,,..,v.,.._ Dubuque CITY OF DUB UQIJ� -�------��—.. _ `; ;� . -s�n°�s 3re ats�^ �°1AtJ,OhJ ROAD R.O.UJ. ENGINE�F2ING DEPARTMENT EXI�I�IT � POINroFR�JEJ+�ENr - CI-I-Y HALL_, 50 WESI' '13th S'T�REF'.�f All-AmericaCity oueuc�u�:, ia szoo�-nxrn s^s'38'48"W 6.53' � � Dax^•By L R"!K ('G3)JApro d8fy RNK FAX Date:612��;620i WATER MAIN EASEMENT ACROSS PART OF ,1 ;� PART OF LO 1 MCNAMER ACRES N0.3, ; �/ s3a°za�io°w so.zs � CITYOFDUBUQUE, DUBUQUECOUNTY, �oWA LOT 1 MCNAMER ACRES NO. 3, CITY OF DUBUC�UE % a� U'NG L:>�alion: F.tNKieffeCCAD Llrawinys� � a iy/ h 2007 C.I.P.N�mter. SheelNum6er. 1 of 1 `�� DUBUQUE COUNTY, IOWA � � /� NORTH , �� zp°°� s � LOT 1 MCNAMER ,� /� ACRES #1 0 50' 100' 200' " �� SCALE 1"=100'FEET LOT C 2 ^' TIMBER—HYRST ESTATES �M ;., � �� `� �'" y /� ` � ASSUMED BEARING � FOR THE PURPOSES / OF THIS SURVEY r LEGEND � / I � FOUND IRON ROD/PIPE `� � � L O SET 5/8"REBAR WITH YELLOW PLASTIC �� /� � O CAP#18128 ^� /,� NOTES: � N R" �M7 1. ALL MEASUREMENTS ARE IN FEET AND O �� /�� DECIMALS THEREOF. V d' R.O.W. RIGHT OF WAY 2. PROPRIETOROFABOVEDESCRIBED N68°34'58"W 39.83' LOT:KRISTIN K.WOODWARD TRUST � � � 3. SURVEY REQUESTED BY:CIN OF � � (�OO.00�) RECORD DIMENSION DUBUQUE,50 W.13TH ST.DUBU�UE,IOWA O (v j i � N29°47'15"E 69.73' 4. TOTAL AREA OF PERIMETER SURVEYED IS:NA CO �/ LINE BREAK ss�°as�23°E 25.Os , � 5. THIS EASEMENT PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF j EXISTING EDGE i � ADJACENT PROPERTY LINE OF ASPHALT DRIVEWAY RECORD. � a (TYPICAL) 6. DATE OF SURVEY:12-07-2016 I N p --- RIGHT OF WAY LINE ti� � N L07 2 MCNAMER , Na�°ea 2s°� as.�s� NOTE: � PROPOSED EASEMENT LINE ACRES #3 � � Q % Naa°5a"29"E 40.45 TH15 SURVEY IS LOGATED IN THE dj , NE 1 f 4 SECTION 3, T88N, R2E � ^��'' (TABLE h10UND TOtiVNSHIP) � � OF 7HE 5TH P,M. IN THE CITY OF DUBUQUE, DUBUQUE Q 2BF9HB°" ��`'� COUNTY IOwA zo �,; �N69 LOT 1 MCNAMER � //��'� (n ACRtS �%3 , � � � L�T 1 MCNAMER � /i/�� y�� A,CRES �1 x r �% /- > / � / / / '�'Q/'�15j' �yyo > ,%.��`"� � � �� LOT 1 MCNAMER � �� - i'�� ACRES �3 � S51°39'58"W 46.75' � ,.i'/ � � � , :�. � �.:�.;.� I hereby ct:rtify lha!this land si,rveyicg dnci;n'�en:was prep2red and � `�� .,� o, i� � tl�,r,refated su«ey wurk w�,s perfa�ried by nie ur unu�.r rn,�d:re;4 � �� 2Q NJ�DE PFRti1ANf:N'f O�R�•+�D s PcriL1110I SU�'CNISIQII 89(J't,et I arr O/:l.I�III.(15L'(I Lc111CI ��• '• �/ . 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Woodward, as Trustee of the Kristin K. Woodward Trust Dated December 9, 2010 2319 Manson Road Dubuque, IA 52003 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, from the date hereof, rights of ways and easements through, under and across the following described real estate situated in Dubuque, Iowa, to wit: �#3 Part of Lot 1 of McNamer Acres in the City of Dubuque, County of Dubuque, Iowa as shown on Exhibit A attached hereto and by reference made a part hereof. Said easement shall be as shown on the attached Exhibit A for the purpose of constructing and maintaining water main and other appurtenances, along with the right, privilege and authority to construct, reconstruct, maintain, operate, repair, patrol and remove said improvements. Said easement shall also include the right to cut, trim or remove trees, bushes and roots as may be required incident to rights given herein. It is understood and agreed that the Grantee herein shall restore the disturbed area due to the construction, maintenance or repair of said water main and other appurtenances. 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 or integrity of said improvements 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 or repair said water main thereon or therein. Dated at Dubuque, Iowa this )3 -lit day of i� �a, , 2018. By: 141 evi Kristin K. Wo.ct ard, as Trustee of the Kristin K. Woodward Trust Dated December 9, 2010 NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this 1 3 •l'4 day of (i= & • , A.D., 2018 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Kristin K. Woodward 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. SUN y • RUSSELL N KIEFFER Commission Number 778626 MyMatey is 2019E Notary Public In and For Said State h:563-589-4270 O O Dubuque,IA 5 Dubuque All -America City IIID► 2007 CITY OF DUBUQUE ENGINEERING DEPARTMENT CITY HALL, 50 WEST 13th STREET DUBUQUE, IA 52001-4864 PHONE (563) 589-4270 FAX (563) S89-4205 Drawn By: RNK Approved By: RNK Dale: 12.07-2016 PART OF LIT 1 MCNAMER ACRE NO. 3, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OW6 Location: F.WpeflenCAo['mixings, C.I.P. Num' Sheet Number: 1 0 NORTH 0 50' 100' SCALE 1" = 100' FEET LEGEND 200' FOUND IRON ROD/PIPE 0 SET 5/8" REBAR WITH YELLOW PLASTIC CAP # 18128 R.O.W. RIGHT OF WAY (1 00.00') RECORD DIMENSION LINE BREAK ADJACENT PROPERTY LINE RIGHT OF WAY LINE PROPOSED EASEMENT LINE EXHIBIT A POINT OF BEGINNING EASEMENT WATER MAIN EASEMENT ACROSS PART OF LOT 1 MCNAMER ACRES NO. 3, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA LOT 2 MCNAMER ACRES #3 EXISTING EDGE OF ASPHALT DRIVEWAY (TYPICAL) LOT 1 MCNAMER ACRES #3 LOT C TIMBER-HYRST ESTATES 868° 34' 58'W 39.83' S37° 46' 23'E 25.05' LOT 1 MCNAMER ACRES #3 051. 39' 5810/ 46.75' S58' 37' 25"W 47.53' 062° 50' 58"W 22.57' POINT OF TERMINATION EASEMENT --reg57* S4'W 7° 08' 14'E 78.93' 61'43'36E 67.18' 52° 19' 52"E 54.46' LOT 1-1 MINERAL LOT 496 & LOT 2 MINERAL LOT 492 9 20' WIDE PERMANENT WATER MAIN EASEMENT 20 29° 47' 15"E 89.73' 44° 54' 29"E 33.76 54' 29'E 40.45' LOT 1 MCNAMER ACRES #1 1031 919° 36'48'W 6.53' S38° 28' 101W 50.25 MANSON ROAD R.O.W. LOT 1 MCNAMER ACRES #1 ASSUMED BEARING FOR THE PURPOSES OF THIS SURVEY NOTES: 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2. PROPRIETOR OF ABOVE DESCRIBED LOT: KRISTIN K. WOODWARD TRUST 3. SURVEY REQUESTED BY: CITY OF DUBUQUE, 50 W. 13TH ST. DUBUQUE, IOWA 4. TOTAL AREA OF PERIMETER SURVEYED I5: NA 5. THIS EASEMENT PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. 6. DATE OF SURVEY: 12-07-2016 NOTE: THIS SURVEY IS LOCATED IN THE NE 1/4 SECTION 3, T88N, R2E (TABLE MOUND TOWNSHIP) OF THE 5TH P.M. IN THE CITY OF DUBUQUE, DUBUQUE COUNTY IOWA I hereby codify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa. '1'1714 7 ' ) 0/-20-20/8 Russell N. Kieffer Iowa Lic. No. 18128 Date My license renewal date is December 31, 2018 Pages or sheets covered by this seal: THIS PAGE ONLY Prepared by: Nate Kieffer City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to: Kevin S. Firnstahl, City Clerk, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4121 RESOLUTION NO. 51-18 ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN UTILITY THROUGH, OVER AND ACROSS PART OF LOT 1 OF MCNAMER ACRES NO. 3, IN THE CITY OF DUBUQUE, IOWA Whereas, The Kristin K. Woodward Trust Dated December 9, 2010, has executed a Grant of Easement for Water Main Utility through, over and across Part of Lot 1 of McNamer Acres No. 3 in the City of Dubuque, 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 Water Main Utility through, over and across Part of Lot 1 of McNamer Acres No. 3 in the City of Dubuque, Iowa as shown on the Easement Exhibit, from The Kristin K. Woodward Trust Dated December 9, 2010, 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. Section 3. The City Clerk is hereby authorized to and directed to record this resolution and Grant of Easement for Water Main Utility with the Dubuque County Recorder. Passed, approved and adopted this 5th day of Marc '018. Attest: Ade Kevin 'irnsta 1, CMC, City Clerk Roy D. Buol, Mayor STATE OF IOWA CERTIFICATE of the CITY CLERK ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 51-18 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 6th day of March, 2018. O F T i,+•� . J,• . 1s c. :•(SEAL). . f • • ^i r, • .J Kevin . irnstahl, MC, City Clerk