Acceptance of Grant of Easement for Storm Drain Utility_English Ridge, LLC Lots 90-92 Copyrighted
June 18, 2018
City of Dubuque Consent Items # 37.
ITEM TITLE: Acceptance of Grant of Easement for Storm Drain Utility
from English Ridge, LLC
SUMMARY: City Manager recommending acceptance of a Grant of
EasementforStorm Drain Utilityfrom English Ridge, LLC
across part of Lots 90, 92 and F in English Ridge
Subdivision No. 7 in the City of Dubuque as part of a recent
water main extension project on English Mill Road.
RESOLUTION Accepting a Grant of Easement for Storm
Drain Utility across part of Lots 90, 92 and F in English
Ridge Subdivision No. 7 in the city of Dubuque
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
English Ridge LLC Storm Drain Utility Grant of City Manager Memo
Easement-NNM
Staff Memo Staff Memo
Resolution Resolutions
Grant of Easement Supporting Documentation
Map Supporting Documentation
THE CITY OF Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of Grant of Easement for Storm Drain Utility from English
Ridge, LLC over Part of Lots 90, 92 and F in English Ridge Subdivision
No. 7 in the City of Dubuque
DATE: June 12, 2018
City Engineer Gus Psihoyos recommends City Council acceptance of a Grant of
Easement for Storm Drain Utility from English Ridge, LLC across part of Lots 90, 92 and
F in English Ridge Subdivision No. 7 in the City of Dubuque as part of a recent water
main extension project on English Mill Road.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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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
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TO: Michael C. Van Milligen, City Mana �r_�.�
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FROM: Gus Psihoyos, City Engineer �—'" - ���.,�'
SUBJECT: Acceptance of Grant of Easement for Storm Drain Utility from English Ridge, LLC
over Part of Lots 90, 92 and F in English Ridge Subdivision No. 7 in the City of
Dubuque
DATE: June 11, 2018
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a Grant of Easement for Storm
Drain Utility across part of Lots 90, 92, and F in English Ridge Subdivision No. 7 in the City of
Dubuque as part of a recent water main extension project on English Mill Road. This property
is located on Stone Valley Drive just west of English Mill Road and west of the English Mill
Pumping Station.
DISCUSSION
The City installed over 5,000 feet of 12" water main in the ditch on English Mill Road. The
water main has a somewhat porous aggregate bedding. Groundwater retarders were installed
through the steeper sections of the nearly 200 feet elevation rise throughout the length of the
installation to reduce the effect of groundwater movement through the bedding. The City
installed a tile line to drain water out of the bedding during and shortly after rain events, the tile
currently discharges behind the English Mill Road pumping facility at grade. An unexpected
consequence of installing this water main and associated tile line is that it flows almost
continuously whether it is raining or not. As this is the case, the water coming out of the tile
drains onto the neighboring downstream properties. This condition is unacceptable and must
be remedied.
The City has secured easements from the downstream property owners to install a 12" tile line
that will be extended approximately 300 feet to a point where the tile can outfall this subject
groundwater directly into a storm water conveyance system in the English Ridge subdivision.
RECOMMENDATION
I recommend accepting the Grant of Easement for Drain Tile Utility across part of Lot 90, 92,
and F in English Ridge Subdivision No. 7 in the City of Dubuque, as shown on the exhibits
attached to the Grant of Easement.
ACTION TO BE TAKEN
I respectfully request acceptance of the dedication of Grant of Easement for Drain Tile Utility
from English Ridqe, LLC through the adoption of the enclosed resolution.
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Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 186-18
ACCEPTING A GRANT OF EASEMENT FOR STORM DRAIN UTILITY ACROSS
PART OF LOTS 90, 92, AND F IN ENGLISH RIDGE SUBDIVISION NO. 7 IN THE CITY
OF DUBUQUE, IOWA
Whereas, English Ridge, LLC has executed a Grant of Easement for Storm Drain
Utility across Part of Lots 90, 92, and F in English Ridge Subdivision No. 7 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 Storm Drain Utility across Part of Lots
90, 92, and F in English Ridge Subdivision No. 7 in the City of Dubuque, Iowa from English
Ridge, 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.
Section 3. That the City Clerk be and is hereby authorized and directed to record
a certified copy of this resolution in the offices of the City Assessor, Dubuque County
Recorder and Dubuque County Auditor.
Passed, approved and adopted this 18th day of June, 2
Attest:
Kevin. Firnstahl, CMC, City Clerk
Pesiding Officer
11
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Doc ID: 008840010005 Type GEN
Kind: EASEMENT
Recorded: 06/22/2018 at 02:06:10 PM
Fee Amt: $27.00 Page 1 of 5
Dubuque County Iowa
John Murphy Recorder
F11e2018-00006922
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270
GRANT OF EASEMENT FOR STORM DRAIN UTILITY
For and in consideration of the sum of Ten and 00/100's Dollars ($10.00) and
other good and valuable consideration, the receipt whereof is hereby
acknowledged,
English Ridge, LLC
529 Country Club Ct.
Dyersville, IA 52040
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:
Part of Lots 90, 92, and F in English Ridge Subdivision No. 7, 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 storm drains or tiling 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 storm drains and tiling
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
e rIL-
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 storm drains or
tiling thereon or therein.
Dated at Dubuque, Iowa this day of j'(-1,11- , 2018.
By:
ENGLISH RIDGE LLC
Ronald L. Klein, Managing
Member
NOTARY PUBLIC
STATE OF IOWA
COUNTY OF DUBUQUE )
On this 'Pt day of lime , 2018, before me, the
undersigned, a Notary Public in and for said State, personally
appeared .1(Uy771. /dr OM 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(s) acted, executed the
instrument.
Notary Seal)
MICHELE MARIE WICKRE
Commission Numb:r 7.3023
My Comm. Exp.
(sig in blue ink)
, W,(,%T/eg to kr"
(print/type name)
Notary Public in and for State of Iowa
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
X CORPORATE OFFICER(S)
/444 iw5 J1,-4(-- (Title)
(CORP SEAL)
AFFIXED
NO SEAL PROCURED
X PARTNER(S) LIMITED ,GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING
Ricl5E 4L C
Company name here
FOR RECORDER USE
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CRAIG L. GEISER
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EXHIBIT A PLAT OF EASEMENT
A 10 -FOOT PERMANENT DRAINAGE EASEMENT LYING WITHIN LOT 89 OF
ENGLISH RIDGE SUBDIVISION NO. 7 IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA
NORTH
GRAPHIC SCALE
0 40
80
1" = 40'
DRAWING MAY HAVE BEEN REDUCED
■
/
/
/
/
Sc -G
LEGEND
PROPOSED DRAINAGE EASEMENT
LOT/R.O.W. LINE
RECORDED AS
FOUND 5/8" IRON REBAR
W/ORANGE 15487 CAP
PLAT OF RECORD:
ENGLISH RIDGE SUBDIVISION. NO. 7
DOC. NO. 2016-12193
EASEMENT LEGAL DESCRIPTION:
THE SOUTHERLY 10 FEET OF LOT 89, ENGLISH RIDGE SUBDIVISION NO. 7, IN
THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
CONTAINING 1,094 SQUARE FEET, MORE OR LESS.
N16'31'46"E 10.55'
DETAIL "A"
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C"'\5\a, •• O
S
N87'54'03"E 108.77'
/ SEE
DETAIL
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,A05\\ '`)
S87'54'03'W 110.05' (110.05
EASEMENT AREA:
1,094 SQ FT
S`N�$$N
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S
NOTE
THIS SURVEY IS SUBJECT TO EASEMENTS,
RESERVATIONS, RESTRICTIONS AND
RIGHTS—OF—WAY OF RECORD AND NOT OF
RECORD.
0:0111:iiiiii:„,
? CRAIG L. "*
GEISER E. 1,c'
o LS 21408 2
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I HEREBY CERTIFY 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.
FOR IIW, P.C.
..•�✓\,
CRAIG L. GEISE - DATE
LICENSE NO. 21408 MY LICENSE RENEWAL DATE IS 12/31/2018
PAGES OR SHEETS COVERED BY THIS SEAL THIS SHEET ONLY
IIW, P.C.
11
I NTEGRITY. EXPE RTISE. SOLUTI ON S
www.iiwengr.com . 600.556.4491
DRAWN JJB
ARCHITECTURE
CIVIL ENGINEERING
CONSTRUCTION SERVICES
ENVIRONMENTAL ENGINEERING
LAND SURVEYING
MUNICIPAL ENGINEERING
STRUCTURAL EN3INEERING
TRANSPORTATION ENGINEERING
PLAT NO. 13 -IA -18
CHECKED CLG PROJ. NO. 13221
DATE 5-25-18 SHEET 1 of 1
P:\13\221\22101\DRAWINGS\SURVEY\13221 2018
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 186-18
ACCEPTING A GRANT OF EASEMENT FOR STORM DRAIN UTILITY ACROSS
PART OF LOTS 90, 92, AND F IN ENGLISH RIDGE SUBDIVISION NO. 7 IN THE CITY
OF DUBUQUE, IOWA
Whereas, English Ridge, LLC has executed a Grant of Easement for Storm Drain
Utility across Part of Lots 90, 92, and F in English Ridge Subdivision No. 7 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 Storm Drain Utility across Part of Lots
90, 92, and F in English Ridge Subdivision No. 7 in the City of Dubuque, Iowa from English
Ridge, 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.
Section 3. That the City Clerk be and is hereby authorized and directed to record
a certified copy of this resolution in the offices of the City Assessor, Dubuque County
Recorder and Dubuque County Auditor.
Passed, approved and adopted this 18th day of June, 2
Attest:
'
KevJ,n .Firnstahl, CMC, City Clerk
. Jones
F"esiding Officer
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. 186-18 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 19th day of June, 2018.
Kin S. Firnstah , C! C, City Clerk