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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 � 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: 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. �� �� ��� 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 � DUB E ���c� ►� � �� � � Masterpiece on the Mississippi Z°°''2"'2 Zo„��t� TO: Michael C. Van Milligen, City Mana �r_�.� � � 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. ..yroau«a� '�'�`'""� - AREA MAP DAGIS � DuB y_� E .L�EUQUL'+NfA 4.:lal��liiC iNICe�A*10�Si'.iEn h7asterpiecr�m the,.'1�I i+�i.sif�ir �-is�� —� ,� . + 1 436 ; b � � � � � � � � 518 '-\ i � . � � 1 ,+ � • a� ' ' r , i� � ; �� , � � 'i1�8?Q S�O��,� � f 6616 ����Ybn ' � � � � � � 6626 = �' �. t j` �527� fr w T. ' � � + . A� � .�' ` � � � � +� a !.M.� ' -- _ - _ _ _ � ; . � � � � , � � � '+ � EASEMENT AREA _ ' � � r , ' j' # � � 91644 . �� F ■ T � * ■ � � , � • �� � i _ ! , � ' ° • � � , .• + -. �' �` +� . . � ' ' �'s�` . f +^ . � y�- � ? ;, '•JSCe_��n.a � i�' -� �,�-• ��,. ,_ DISCLASMEN r.�� ..ai 1�I `. _t.>; 'V Map Prepared by: ., , �.. ,�� .. . . .>..^. r:. . :..�. City of Dubuque �,�ry,cr v�d�vua�dn��;err an,.c,oaduscr��axr uvu,.�:�er� �����G,��rrns»„a z:���,ee:r�rn�,�,Ae��„x�yu�b�,,oa�;.s r�, W E Engineering DiviSion -nFu:,i>oG-.ria���oar•9rr�n�tnanrt:,rr,oYorGwrao«Yutu�, 1 inch = 100 feet 50 West 13th Street nrmadnn pr Cneo consalnea natain.'fhe Crcy ana pC.mrapaam_ ��&f:C!YY=ShGI��9l bk 11k1tl IldElb Y6f]IYY�1�Y4C1',itlCitCSCI,i11G1(:���:al rni,v�,o�;�o�,o�.pea5i e.�i„���,s wnoenor ro�aroasai.o DUbUqUO,IOWB 52001 .,��i.�tl aen�,,i,ia,.m•.,�,6�•;,r�r en�n�envdz�a����a�m„nz.�:,��o,.r 1�� rJ� 0 100 Feet PhOn@:(563)589-4270 :Nis:fafz or[he Inablllcy;.o urw CI;I*,na[t�or out of any I:rcat.l���� ,v��,,,,�Y„h��s���,,. S Fax:(563)589-4205 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 111111 un 11 11 11 I 111 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 Index Legend N 6 z z 0 cn > o 0 D w >= O 0 z °mo, D c 0 W OE(f)00 I-C.7C 0 z' _J W U 0 BRIANNA L. WERNIMONT AND ANTHONY J. FURY CITY OF DUBUQUE CRAIG L. GEISER w Q00 z N Q (O > N J I d- U)o � z O N Zw in 0 0_ 10 10 DJ (j.OD 0--DZ m0 = 0 Q c 0 0 0 0 J O m L 0 O 0 L O 0 a) 0 > L T c a)a > E ( U 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" \.0' C"'\5\a, •• O S N87'54'03"E 108.77' / SEE DETAIL \_0 R\OGS ,A05\\ '`) S87'54'03'W 110.05' (110.05 EASEMENT AREA: 1,094 SQ FT S`N�$$N �C 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 . y �,iN.- A .. 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