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Acceptance of Grant of Easement for Sanitary Sewer Utility_Merrick Construction & Development Corp. Copyrighted August 6, 2018 City of Dubuque Consent Items # 31. ITEM TITLE: Acceptance of Grant of Easement for Sanitary Sewer Utility from Merrick Construction and Development Corporation SUMMARY: City Manager recommending acceptance of a Grant of Easement for Sanitary Sewer Utility across Part of Lots 49 and 50 of O'Neill's Addition to North Dubuque in the City of Dubuque as part of a public sanitary sewer construction project in the area of Inwood and Vinton Streets. RESOLUTION Accepting a Grant of Easement for Sanitary Sewer Utility through, over and across part of Lots 49 and 50 of O'Neill's Addition to North Dubuque, in the City of Dubuque, lowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Acceptance of Sanitary Sewer Utility from Merrick City Manager Memo Construction-NNM Memo Staff Memo Staff Memo Resolution Resolutions Sanitary Easement 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 Sanitary Sewer Utility from Merrick Construction and Development Corporation over Part of Lots 49 and 50 of O'Neill's Addition to North Dubuque in the City of Dubuque DATE: July 31 , 2018 City Engineer Gus Psihoyos recommends City Council acceptance of a Grant of Easement for Sanitary Sewer Utility across Part of Lots 49 and 50 of O'Neill's Addition to North Dubuque in the City of Dubuque as part of a public sanitary sewer construction project in the area of Inwood and Vinton Streets. 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 Dubuque THE CITY OF � w•A�erip ciry DUB E .�.. . � �I-�, ��► I Masterpiece on the Mississippi 2°°'�Z°lZ 2013•2017 TO: Michael C. Van Milligen, City Manager , FROM: Gus Psihoyos, City Engineer � � - � � SUBJECT: Acceptance of Grant of Easement for Sanitary Sewer Utility from Merrick Construction and Development Corporation over Part of Lots 49 and 50 of O'Neill's Addition to North Dubuque in the City of Dubuque DATE: July 20, 2018 INTRODUCTION The purpose of this memorandum is to seek acceptance of a Grant of Easement for Sanitary Sewer Utility across Part of Lots 49 and 50 of O'Neill's Addition to North Dubuque in the City of Dubuque as part of a public sanitary sewer construction project in the area of Inwood and Vinton Streets. DISCUSSION Merrick Construction and Development Corporation is planning to begin development of four residential lots in O'Neill's Subdivision, near the intersection of Inwood and Vinton Streets, which are currently not served by public sanitary sewer. The developer will install approximately 280 lineal feet of public sanitary sewer to serve the vacant lots in this area. The sanitary sewer extension project is proposed to be in city street and alley Right of Ways except for a small area over Lot 49 and 50 of O'Neill's Subdivision. The developers have executed a grant of easement for sanitary utility through the private property described as Lots 49 and 50 of O'Neill's Subdivision. The developers and the City of Dubuque wish to set forth terms for the construction, maintenance, and replacement of the proposed public utility extension to serve the properties. The terms in the Grant of Easement would prevent property owners from building structures over or changing grades next to the easement without the City's consent. The City of Dubuque will own and maintain the utility extension. A development agreement for the construction of the extension has been executed by the developer and the City. RECOMMENDATION I recommend accepting the Grant of Easement for Sanitary Sewer Utility across Part of Lots 49 and 50 of O'Neill's Addition to North Dubuque in the City of Dubuque, as shown on the exhibit attached to the Grant of Easement. ACTION TO BE TAKEN I! I respectfully request acceptance of the dedication of Grant of Easement for Sanitary Sewer ' Utility from Merrick Construction and Development Corporation through the adoption of the enclosed resolution. 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. 224-18 ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY THROUGH, OVER AND ACROSS PART OF LOTS 49 AND 50 OF O'NEILL'S ADDITION TO NORTH DUBUQUE, IN THE CITY OF DUBUQUE, IOWA Whereas, Merrick Construction and Development Corporation and the City of Dubuque wish to set forth terms for the construction, maintenance, and replacement of proposed a public sanitary sewer utility located in Part of Lots 49 and 50 of O'Neill's Addition to North Dubuque, in the City of Dubuque, Iowa; and Whereas, Merrick Construction and Development Corporation have executed an Easement for Sanitary Sewer Utility through, over and across Part of Lots 49 and 50 of O'Neill's Addition to North Dubuque, 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 Sanitary Sewer Utility through, over and across Part of Lots 49 and 50 of O'Neill's Addition to North Dubuque, in the City of Dubuque, Iowa from Merrick Construction and Development 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 6th day of August 2018. Attest: Kev . Firnstahl;"City Clerk /Roy D. Buol, Mayor i iiiiiii llllll iii lllll lllll l l 111 lllll o 111 llh lllll llll IIIII IIIII ii ii i 11111 Doc ID. 008866010005 Type GEN Kind: EASEMENT Recorded: 08/08/2018 at 02:11:26 PM Fee Amt: $27.00 Page 1 of 5 Dubuque County Iowa John Murphy Recorder File2018-00009099 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 SANITARY SEWER UTILITY For and in consideration of the Ten and 00/100's Dollars ($10.00) and other good and valuable consideration, MERRICK CONSTRUCTION AND DEVELOPMENT CORPORATION, an Iowa Corporation, ("Grantor") does hereby grant to the City of Dubuque ("Grantee"), a municipal corporation, its agents and contractors, from the date hereof, a right of way and easement through, under and across the following described real estate situated in Dubuque County, Iowa, to wit: Part of Lot 49 and Lot 50 of O'Neills Addition to North Dubuque, in the City 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 sanitary sewer 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 sanitary sewer 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 j71 tO 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 sanitary sewer thereon or therein. Dated at Dubuque, Iowa this 1 � d y of i -' y , 2018. By: MERRICK CONSTRUCTION AND DEVELOPMENT CORPORATION Brandon Merrick, President NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this / Sm day of jilt y , A.D., 2018 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Brandon Merrick, 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. �*a 0 z 40 RUSSELL N KIEFFER CG_S Commission Number 778626 My Commission Expires rowP y_221,21._) 19 c Notary Public In and for Said State EXHIBIT A PLAT OF PUBLIC SANITARY SEWER EASEMENT ACROSS LOT 49 AND LOT 50 OF O'NEILL'S ADDITION TO NORTH DUBUQUE, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. INDEX LEGEND Location: O'Neill's Addition to North Dubuque NW1/4 of Section 12, T89N, R2E (Dubuque TWP) of the 5th P.M., Dubuque County, Iowa Requester. Brandon Merrick Proprietor: Merrick Construction & Development Corp. 3080 Cedar Cross Ct., Suite 101 Dubuque, IA 52003 Surveyor: Terry L Koelker Company: Buesing & Associates, Inc. 1212 Locust St., Dubuque, IA 52001 Return To: tlkoelker@buesIng.com (563) 556-4389 0 0 z Z 50.00' (50') IN LOT 55 (100') PCC rn0 0 .: 0 3/8' ROD IN PCC 20') 086'51'33"E 219.99' IN LOT 66 (100') PCC VINTON ST. N86'51'33"E 220.02' 100.01' (100') 100.01' (100') LEGEND • 1" IRON PIPE (FOUND) (UNLESS NOTED OTHERWISE) PROPERTY LINE -- --- EASEMENT LINE ( ) RECORD DIMENSION ROW RIGHT OF WAY ROW RO PVC LOT 69 LOT 54 LOT 68 LOT 69 z 4. m 5, 20.00 (20') LOT 70 LOT 71 20.00' (20') LOT 49 100.05' (100') 76.95' 0 S86'53'10"W 220.10' TOLEDO ST. (100') LOT 503 LOT 72 100.05' (100') RO 0 W z 0 50.00' (50') ROW S86'53'10"W 490.2 (50') (20') I (100') LOT 497 SCALE 1" = 60' 0' LOT 491 30' 60' LOT 485 NOTES 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEROF. 2. THIS PLAT IS SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD. SHEET TITLE PROJECT N0. 17242 r PLAT OF PUBLIC SANITARY SEWER EASEMENT PREPARED FOR: ERRICK CONSTRUCTION & DEVELOPMENT CORP. o BRANDON MERRICK 3080 CEDAR CROSS CT.. SUITE 101 DUBUQUE. IA 52003 3UESIING ENGINEERS AND SURVEYORS 1212 LOCUSTUQUE U DATE REVISIONS DRAWN BY: 4/13/2018 4/17/2018 TPL SCALE: CHECKED BY: SEE BAR SCALE TLK 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. 224-18 ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY THROUGH, OVER AND ACROSS PART OF LOTS 49 AND 50 OF O'NEILL'S ADDITION TO NORTH DUBUQUE, IN THE CITY OF DUBUQUE, IOWA Whereas, Merrick Construction and Development Corporation and the City of Dubuque wish to set forth terms for the construction, maintenance, and replacement of proposed a public sanitary sewer utility located in Part of Lots 49 and 50 of O'Neill's Addition to North Dubuque, in the City of Dubuque, Iowa; and Whereas, Merrick Construction and Development Corporation have executed an Easement for Sanitary Sewer Utility through, over and across Part of Lots 49 and 50 of O'Neill's Addition to North Dubuque, 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 Sanitary Sewer Utility through, over and across Part of Lots 49 and 50 of O'Neill's Addition to North Dubuque, in the City of Dubuque, Iowa from Merrick Construction and Development 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 6th day of August 2018. Attest: Kev t. Firnstahl, City Clerk U� /Roy D. Buol, Mayor CERTIFICATE of the CITY CLERK STATE OF IOWA ) 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. 224-18 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 7th day of August, 2018. S. Firnstahl, CMC, City Clerk