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Accepting Grant of Storm Sewer Easement from SPT Real Estate LLC, 602 Peru Road Copyrighted September 4, 2018 City of Dubuque Consent Items # 10. ITEM TITLE: Accepting Grant of Storm Sewer Easement from SPT Real Estate LLC/602 Peru Road SUMMARY: City Manager recommending acceptance of a Grant of Easement from SPT Real Estate LLC for Storm Sewer across Parts of Lot 1 and Lot 2 of Haberkorn Place as part of a private parking lot improvements project at 602 Peru Road. RESOLUTION Accepting a Grant of Easement for storm sewer through, under and across parts of Lot 1 and Lot 2 of Haberkorn Place, in the City of Dubuque, lowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Acceptance of Grant of Easement for Storm Sewer City Manager Memo from SPT Real Estate-NNM Memo Staff Memo Staff Memo Resolution Resolutions Grant of Easement 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: Acceptance of Grant of Easement for Storm Sewer from SPT Real Estate LLC over Parts of Lot 1 and Lot 2 of Haberkorn Place in the City of Dubuque DATE: August 28, 2018 City Engineer Gus Psihoyos recommends the City Council accept a Grant of Easement from SPT Real Estate LLC for Storm Sewer across Parts of Lot 1 and Lot 2 of Haberkorn Place as part of a private parking lot improvements project at 602 Peru 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 CTTY OF Dubuque �" ui��eNe�ary DUB E ,�I}Ijl, Masterpiece on the Mississippi Z°°' Z°'Z 2013 2017 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Acceptance of Grant of Easement for Storm Sewer from SPT Real Estate LLC over Parts of Lot 1 and Lot 2 of Haberkorn Place in the City of Dubuque DATE: August 27, 2018 INTRODUCTION The purpose of this memorandum is to seek acceptance of a Grant of Easement for Storm Sewer across Parts of Lot 1 and Lot 2 of Haberkorn Place in the City of Dubuque as part of a private parking lot improvements project at 602 Peru Road. DISCUSSION Mr. Shawn Thomas of SPT Real Estate LLC is planning to reconstruct a driveway and parking lot at 602 Peru Road. SPT Real Estate is the property owner and the site includes several existing commercial and industrial businesses. The driveway and parking lot improvements will help to better accommodate the business vehicles entering and leaving the site. As part of these improvements, an existing storm sewer drainage way will be paved over and to account for this change the owner is installing public storm sewer improvements including a manhole and a short length of storm sewer piping. 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 manhole and storm sewer improvements. RECOMMENDATION I recommend accepting the Grant of Easement for Storm Sewer across Parts of Lot 1 and Lot 2 of Haberkorn Place in the City of Dubuque, as shown on the exhibit attached to the Grant of Easement. ACTION TO BE TAKEN I respectfully request acceptance of the dedication of Grant of Easement for Storm Sewer from SPT Real Estate LLC through the adoption of the enclosed resolution. 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I� � .� . �c� 3`L �. :v � -;o� � •�.� �,�, 602 :n i , ' . , � i � �+ f �`� .�. �' '�� c9�. `i � 0 49.07. 50 `'�` �50 �25.0,. ,....�, �� ,'�►�`J"'�, �"'rn � �8:�`�6^:.I� � c�n ,. �,✓� .�+\..� o ��c9 �p .3..., � 1 .1\�N ' �� , � ' � t�. 5 p0,�.., � •4, ST ` `L - � 6'`9 � — 1 , ��c�n�g, "' ^ - 87.68 38.4 � � � V .�r>�' r^��.��•• �, C ��' �� :� '� � �°: ` � � , • t �� .,, .�� '/�' i� �.°�'� �� o ;310� .i � ` � 'Ic4 �p�'. ��, , . _; :� ,�, \ , ,� � . �l. �`��. � �'. . .�ucc��u,.��, �ses'sor, City of Dub�uque As e�� }�, ssor DISCLAIMER:Thls Informatlon was mmplled �sing the Dubuque Area Geographlc Informatlon SVstem oAcis�,wnid,md�d�dar��eaeed ev eom me ciev oF � Map P�epa�ed by: Dubuque and Dubuque County. It Is understood that,whlle me ciev oF o�e�q�e a�d pa�eidpaei�g age�d��ewzed me City of Dubuque mo��,��e�ca�da��ce��fo�mac�o�a�auabie,oA��sa�d 1 inch = 60 feet EngineeringDivision ie�s�,vvue�s do�oe wa��a�e me a��a o��,Re�a of ine mr��maeio�o�dar��o�eai�ed ne�em rne ciev a�d PamdPaei�g 50 West 13th St�eet age��i�snau�oe ee neia uaeie Fo�a�v ai�e�e,i�ai�e�e,i��iae�eai, Dubuque,lowa 52001 ��a�e�eiai,v��ieroe,o�svedai aamae�,wneme�Fo��eeaeie o� ��eeaeie,a��s��g o�e oF me a�eno�izea o��a�eno�izea�se oF 60 30 0 60 F22t Phone:(563)589-4270 mis daea o�me i�aewev eo��mis daea o�o�e oF a�v e�ead,oF wa��a�ry wnarsoe�e� 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. 261-18 . ACCEPTING A GRANT OF EASEMENT FOR STORM SEWER THROUGH, UNDER AND ACROSS PARTS OF LOT 1 AND LOT 2 OF HABERKORN PLACE, IN THE CITY OF DUBUQUE, IOWA . Whereas, SPT Real Estate LLC has executed a Grant Easement for Storm Sewer through, under and across Parts of Lot 1 and Lot 2 of Haberkorn Place, 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 Sewer through, under and across Parts of Lot 1 and Lot 2 of Haberkorn Place, in the City of Dubuque, Iowa, Iowa from SPT Real Estate 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. Passed, approved and adopted this 4~ day of September 2018. /J ~l)ll f y D. Buol, Mayor Attest: ~ Kefin.,s: Firnstahl, City Clerk Prepared by: Nate Kieffer, PLS, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, PLS, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 GRANT OF EASEMENT FOR STORM SEWER For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, SPT Real Estate, LLC 602 Peru Road Dubuque, IA 52001 of Dubuque County, State of Iowa, for themselves, their successors, heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, a municipal corporation, its agents and contractors, in perpetuity, from the date hereof, a right-of-way and easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Parts of Lot 1 and Lot 2 of Haberkorn Place, 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 a storm sewer utility 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. Following any construction, maintenance or repair of said storm sewer, the City of Dubuque shall restore any disturbed turf area to its original condition. Subsequent property owners, their successors, heirs or assigns shall not erect any structure over or within the easement area without obtaining the prior written consent of the City Engineer. Subsequent property owners, their successors, heirs and assigns shall not change the grade, elevation, or contour or perform any construction or excavation that will diminish the lateral support of said storm sewer 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, remodel or repair said storm sewer thereon or therein. Said easement shall be binding on all subsequent' property owners, their successors, heirs and assi.gns. Dated at O uh~ l..f:e.... , Iowa this J. l day of IA u 7 ....,) J-, 2018. SPT REAL ESTATE LLC Shawn M. Thomas Sr., Managing Member NOT ARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: I") I U' a1 ,./ On this Cit O day of LLLli'.\JW , A.O., 2018 before me, the undersigned, a Notary Public in and for said tiounty, in said State, personally appeared Shawn M. Thomas Sr. 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. i KERRY JO BRADLEY llw4 ~ ikiI~ 2 t commission Number 808090 Notary Puijc ~h and For Sa.Id State ': '' • '; My Commission Expires iowr-I,?--,;7. G -::'7 n EXHIBIT A PLAT OF EASEMENT / P.O.B. STORM / S40"06'06"E EASEMENT 'B' . -;;--f-,[11.68' LOT 2 NW COR LOT 2 / 'x,"i" · , , ":>' I I , S18"35'25"E GRAPHIC SCALE 0 ~ 20 40 STORM SEWER EASEMENTS LYING WITHIN LOTS 1 AND 2 OF HABERKORN PLACE, IN THE CITY OF DUBUQUE, IOWA LEGAL DESCRIPTIONS: STORM SEWER EASEMENTS 'A' & 'B' EASEMENT 'A' -PART OF LOT 1 OF HABERKORN PLACE IN THE CITY OF DUBUQUE, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: -:P ,,~ (o<o •. ~b<·1 i I 0 17.82' DRAWING MAY HAVE BEEN REDUCED <¢-~ :~~~ .~i~ ':>'b·-~ v:: i I j( iSTORM EASEMENT 'B' ~~~ci ,,!'"b '<:Jk . f, , , l l {": AREA=239 SQ. FT._.... _.... 1" -20' ~ COMMENCING AT THE NORTHWEST CORNER OF LOT 1 OF HABERKORN PLACE; <( THENCE SOUTH 35 DEGREES 52 MINUTES 52 SECONDS EAST ALONG THE .~ WEST LINE OF SAID LOT 1, 5.97 FEET TO THE POINT OF BEGINNING; 1w THENCE NORTH 35 DEGREES 59 MINUTES 38 SECONDS EAST, 26.66 FEET TO 5 THE SOUTH RIGHT-OF-WAY LINE PERU ROAD; fil THENCE 48 DEGREES 52 MINUTES 15 SECONDS EAST, SOUTH ALONG SAID 1i5 RIGHT-OF-WAY LINE, 24.57 FEET TO THE NORTHWEST CORNER OF LOT 2 OF SAID HABERKORN PLACE; 'ls! THENCE SOUTH 18 DEGREES 35 MINUTES 25 SECONDS EAST ALONG THE « WEST LINE OF SAID LOT 2, 17.82 FEET; I ~ THENCE SOUTH 35 DEGREES 59 MINUTES 38 SECONDS WEST, 46.82 FEET TO ~ THE WEST LINE OF SAID LOT 1; ,iii THENCE NORTH 35 DEGREES 52 MINUTES 52 SECONDS WEST ALONG SAID ~ WEST LINE, 21.04 FEET TO THE POINT OF BEGINNING. Cl. :ll CONTAINING 937 SQUARE FEET, MORE OR LESS, SUBJECT TO EASEMENTS, :;: RESERVATIONS, RESTRICTIONS, RIGHT-OF-WAY RECORD AND NOT OF RECORD. ,~ EASEMENT 'B' -PART OF LOT 2 OF HABERKORN PLACE IN THE CITY OF "-_ DUBUQUE, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ~ COMMENCING AT THE NORTHWEST CORNER OF LOT 1 OF HABERKORN PLACE: THENCE NORTH 48 DEGREES 52 MINUTES 15 SECONDS EAST ALONG THE SOUTH RIGHT-OF-WAY LINE PERU ROAD, 50.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 2 AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 48 DEGREES 52 MINUTES 15 SECONDS EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, 14.31 FEET; THENCE SOUTH 40 DEGREES 06 MINUTES 06 SECONDS EAST, 11.68 FEET; THENCE SOUTH 35 DEGREES 59 MINUTES 38 SECONDS WEST, 21.47 FEET TO THE WEST LINE OF SAID LOT 2; THENCE NORTH 18 DEGREES 35 MINUTES 25 SECONDS WEST ALONG SAID WEST LINE, 17.82 FEET TO THE POINT OF BEGINNING. CONTAINING 239 SQUARE FEET, MORE OR LESS, SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS, RIGHT-OF-WAY RECORD AND NOT OF RECORD. ~ i~' ~; ; \' ',V/f:>) .----~ NORTH ~ kJ I [ I I j ! !Y. ~'Y S18"35'25"E ._........ -~'f_ 0~ ~oSS/.1 11 j ! 11 j j/f· ~9.12' _.... _.... \\~0'2'--~e,'t.- 1 i I ' i i i t~ WEST LINE ? P.O.C. -NW CORNER OF I I I I i I I I ~ g;, OF LOT 2 LOT 1, HABERKORN PLACE • : I . ' I I, I I· 9>"j l LOT 1 • , ,, , , , . , ~/.<t5 YELLOW PLASTIC S35 52 52 E I 7Q', i . I ! i 1?7:'4> CAP NO. 4016 5.97' i I I I : ~-0 (16.47') A. \ I ' : {0 '1 ' . TOTAL EASEMENT AREA <'. ''(;._ ~ I i i ; SOUTH R.O.W. LINE o,,_ '5'. ~ I I i i ~ P.0.B. STO~M. 1,176 SQUARE FEET '\ ~ ~.0)1'". 1 ~ EASEMENT A Y~~~o~6.Lf:i~~ _J \ 9.--~~ ,'JI_/ "'-STORM EASEMENT 'A' ----- \ {;, ~ ~ \ AREA=937 SQ. !-T. [Z .,2-" :/"'7"" /. ,; ZJ P.O.C. P.O.B. R.O.W. ( ) • \\\\\\\\1111///J/JJJJ ,,,,,, \ 0 W ~ !///// LEGEND ~ <o STORM SEWER EASEMENT\ /'~ I ~ PROPRIETOR: LOT/R.O.W. LINE ~ \ SPT REAL ESTATE, LLC CENTERLINE EASEMENT \ POINT OF COMMENCEMENT POINT OF BEGINNING RIGHT-OF-WAY RECORDED AS FOUND 5/8" IRON REBAR WITH CAP AS NOTED WEST LINE OF LOT 1 DATE OF SURVEY: AUGUST 17, 2018 NOTE THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD AND NOT OF RECORD. ~~gR:J ilti"£ ~~~~10o~AKN~iiRPJR1~~Migc~~E~J ~tsu~~~?~~D UW,P.C. ARCHITECTURE DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED LAND • • C!VILENG!NEER!NG ,$' ,,\11111,,, 'l/ .$* ,,,, ,,,,,, ic~ f / JOHN M. \. °\ fr g TRANMER ~ "'i l--; ~ LS 12631 j ;:} ENVIRONMEITTAL ENGINEERING SURVEYOR UNDER THE LAWS OF THE STA1E OF tOWA. 11 w CONSTRUCTIDNSERVJCES ~ <" ',,, ,,,' .,."' f %-1,,.s,~',,,,,,,1111 1''''0<:& .§' /////11 1 ~ L ANO ~,,,,,"' 11 11n,11111\11\\ LANDSURVE'f!NG FOR IIW, P.C.. 0-~ MUN>CIPl"-ENG!NEER!NG 4-R ~ ~ INTEGRITY.EXPERTISE.SOLUTIONS S.RUCTURACENG!NeER!NG Mft:-:..< A A a '/ 7 , a . RANSPORTAnoN ENG!NEERINGI )..i />-,-e(J / 0, a· ,II JOHi M. TRANMER u . I DArrt DRAWN DMK PLAT NO. ESMT PLAT . CHECKED JMT PROJ. NO. 18067 MY LICENSE RENEWAL DA TE IS 12/31/2018 LICENSE NO. 12631 DATE 8-17-18 !SHEET 1 of 1 P: \18\067\0RA\\1.NGS\SURYEY\18067 EASEMENT PLAT PAGES OR SHEETS COVERED BY THIS SEAL THIS SHEET ONLY • '-'-~--c-=oc.->.-.=,-=.......=.=~-~-------- 11 is 11 11 II II IIIA 11 11 011 Doc ID 008881920005 Type GEN Kind: EASEMENT Recorded: 09/07/2018 at 12:24:35 PM Fee Amt: $27.00 Page 1 of 5 Dubuque County Iowa John Murphy Recorder F11e2018 00010468 Prepared by: Nate Kieffer, PLS, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, PLS, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 GRANT OF EASEMENT FOR STORM SEWER For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, SPT Real Estate, LLC 602 Peru Road Dubuque, IA 52001 of Dubuque County, State of Iowa, for themselves, their successors, heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, a municipal corporation, its agents and contractors, in perpetuity, from the date hereof, a right-of-way and easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Parts of Lot 1 and Lot 2 of Haberkorn Place, 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 a storm sewer utility 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. Following any construction, maintenance or repair of said storm sewer, the City of Dubuque shall restore any disturbed turf area to its original condition. Subsequent property owners, their successors, heirs or assigns shall not erect any structure over or within the easement area without obtaining the prior written consent of the City Engineer. foo o E (Bine- xi r15 Subsequent property owners, their successors, heirs and assigns shall not change the grade, elevation, or contour or perform any construction or excavation that will diminish the lateral support of said storm sewer 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, remodel or repair said storm sewer thereon or therein. Said easement shall be binding on all subsequent property owners, their successors, heirs and assigns. Dated at 10 Joys , Iowa this a k day of v �,' , 2018. SPT REAL ESTATE LLC 5-Ate.c.,t_fr\ Shawn M. Thomas Sr., Managing Member NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: X On this `� day of aki, A.D., 2018 before me, the undersigned, a Notary Public in and for said Uounty, in said State, personally appeared Shawn M. Thomas Sr. 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. 161U4 C(6 tbAttleb-Y Notary Pu fl}c and For Said State Cy, KERRY JO BRADLEY Commission Number 808090 My Commission Expires /A .at) EXHIBIT A PLAT OF EASEMENT STORM SEWER EASEMENTS LYING WITHIN LOTS 1 AND 2 OF HABERKORN PLACE, IN THE CITY OF DUBUQUE, IOWA LEGAL DESCRIPTIONS: STORM SEWER EASEMENTS 'A' & 'B' cV DUBUQUE, IOWA NSYLVANIA AV w r m w w w 0 EASEMENT 'A' - PART OF LOT 1 OF HABERKORN PLACE IN THE CITY OF DUBUQUE, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1 OF HABERKORN PLACE; THENCE SOUTH 35 DEGREES 52 MINUTES 52 SECONDS EAST ALONG THE WEST LINE OF SAID LOT 1, 5.97 FEET TO THE POINT OF BEGINNING; THENCE NORTH 35 DEGREES 59 MINUTES 38 SECONDS EAST, 26.66 FEET TO THE SOUTH RIGHT-OF-WAY LINE PERU ROAD; THENCE 48 DEGREES 52 MINUTES 15 SECONDS EAST, SOUTH ALONG SAID RIGHT-OF-WAY LINE, 24.57 FEET TO THE NORTHWEST CORNER OF LOT 2 OF SAID HABERKORN PLACE; THENCE SOUTH 18 DEGREES 35 MINUTES 25 SECONDS EAST ALONG THE WEST LINE OF SAID LOT 2, 17.82 FEET; THENCE SOUTH 35 DEGREES 59 MINUTES 38 SECONDS WEST, 46.82 FEET TO THE WEST LINE OF SAID LOT 1; THENCE NORTH 35 DEGREES 52 MINUTES 52 SECONDS WEST ALONG SAID WEST LINE, 21.04 FEET TO THE POINT OF BEGINNING. CONTAINING 937 SQUARE FEET, MORE OR LESS, SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS, RIGH T -OF -WAY RECORD AND NOT OF RECORD. EASEMENT 'B' - PART OF LOT 2 OF HABERKORN PLACE IN THE CITY OF DUBUQUE, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1 OF HABERKORN PLACE: THENCE NORTH 48 DEGREES 52 MINUTES 15 SECONDS EAST ALONG THE SOUTH RIGHT-OF-WAY LINE PERU ROAD, 50.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 2 AND THE POINT OF BEGINNING; THENCE CONTINUE NORTH 48 DEGREES 52 MINUTES 15 SECONDS EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, 14.31 FEET; THENCE SOUTH 40 DEGREES 06 MINUTES 06 SECONDS EAST, 11.68 FEET; THENCE SOUTH 35 DEGREES 59 MINUTES 38 SECONDS WEST, 21.47 FEET TO THE WEST UNE OF SAID LOT 2; THENCE NORTH 18 DEGREES 35 MINUTES 25 SECONDS WEST ALONG SAID WEST LINE, 17.82 FEET TO THE POINT OF BEGINNING. CONTAINING 239 SQUARE FEET, MORE OR LESS, SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS, RIGH f -OF -WAY RECORD AND NOT OF RECORD. GRAPHIC SCALE 0 20 40 DRAWING 1" = 20' MAY HAVE BEEN _.re�auOIIllimIIuI'._ NORTH P.O.B. STORM EASEMENT 'B' NW COR LOT 2 P� i'4, REDUCED ��s �0. �<09, N35°59'38"E 26.66' P.O.C. - NW CORNER OF LOT 1, HABERKORN PLACE S35'52'52"E 5.97' (16.47') SOUTH R.O.W. LINE P.O.C. P.O.B. R.O.W. ) ■ S40'06'06"E 11.68' LOT 2 AD'C 518'35'25"E 17.82' ' STORM EASEMENT 'B' �• AREA=239 SQ. FT., — `)/ S18'35'25"E \k(37 9.12'C- v P8P p,C- WEST LINE OF LOT 2 10 '- YELLOW PLASTIC CAP NO. 4016 P.O.B. STORM EASEMENT 'A' STORM EASEMENT 'A' AREA=937 SQ. FT. - YELLOW PLASTIC CAP NO. 18128 LOT 1 TOTAL EASEMENT AREA 1,176 SQUARE FEET LEGEND STORM SEWER EASEMENT \ fir, LOT/R.0.W. LINE r' CENTERLINE EASEMENT POINT OF COMMENCEMENT POINT OF BEGINNING RIGHT-OF-WAY RECORDED AS FOUND 5/8" IRON REBAR WITH CAP AS NOTED WEST LINE OF LOT 1 DATE OF SURVEY: AUGUST 17, 2018 • PROPRIETOR: SPT REAL ESTATE, LLC NOTE THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD AND NOT OF RECORD. t\111111111111111/, Wxi.`s°\\\ \ 0111,'';, JOHN M. TRANMER = E.E. LS 12631 �= L I,A1I N1D 1115\\\\\\ 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. JOH / M. TRANMER LICENSE NO. 12631 8/17 DAT `8 MY LICENSE RENEWAL DATE IS 12/31/2018 PAGES OR SHEETS COVERED BY THIS SEAL THIS SHEET ONLY WPC P.0 s♦ II I NTEGRITY. EXPERTISE.SOLUTIONS www.iiwengr.com . 860.556.4491 DRAWN DMK ARCHITECTURE CIVIL ENGINEERING CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING LAND SURVEYING MUNICIPAL ENGINEERING STRUCTURAL ENGINEERING TRANSPORTATION ENGINEERING PLAT NO. ESMT PLAT CHECKED JMT PROJ. NO. 18067 DATE 8-17-18 SHEET 1 of 1 P:\18\067\DRAWINGS\SURVEY\18067 EASEMENT PLAT 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. 261-18 ACCEPTING A GRANT OF EASEMENT FOR STORM SEWER THROUGH, UNDER AND ACROSS PARTS OF LOT 1 AND LOT 2 OF HABERKORN PLACE, IN THE CITY OF DUBUQUE, IOWA Whereas, SPT Real Estate LLC has executed a Grant Easement for Storm Sewer through, under and across Parts of Lot 1 and Lot 2 of Haberkorn Place, 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 Sewer through, under and across Parts of Lot 1 and Lot 2 of Haberkorn Place, in the City of Dubuque, Iowa, Iowa from SPT Real Estate 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. Passed, approved and adopted this 4th day of September 2018. Attest: Kein'S. Firnstahl, City Clerk 7 n�. oy 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. 261-18 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 5th day of September, 2018. Kev'n . Firnstahl, C C, City Clerk