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
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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 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.
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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
Dubuque
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TO: Michael C. Van Milligen, City Manager ,
FROM: Gus Psihoyos, City Engineer � �
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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.
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40 RUSSELL N KIEFFER
CG_S Commission Number 778626
My Commission Expires
rowP y_221,21._) 19
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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