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Acceptance of Grant of Easement for Sanitary Sewer Utility_Mihalakis Copyrighted November 19, 2018 City of Dubuque Consent Items # 15. ITEM TITLE: Acceptance of Grant of Easement for Sanitary Sewer Utility over Part of Lot 2 Kerper Industrial Subdivision No. 2 SUMMARY: City Manager recommending acceptance of a Grant of EasementforSanitarySewer Utilityfrom the John P. Mihalakis and Letha A. Mihalakis Trust, and Richard L. Billmeyer and Cynthia A. Billmeyer, across Part of Lot 2 Kerper Industrial Subdivision No. 2. in the City of Dubuque, as part of the Kerper Boulevard Sanitary Sewer Reconstruction Project. RESOLUTION Accepting a Grant of Easement for Sanitary Sewer Utility across part of Lot 2 Kerper Industrial Park No. 2, in the City of Dubuque, lowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Grant of Easement for Sanitary Sewer Utility-NNM Staff Memo Memo Staff Memo Staff Memo Resolution Resolutions Grant of Easement Supporting Documentation Location 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 Sanitary Sewer Utility from the John P. Mihalakis and Letha A. Mihalakis Trust, and Richard L. Billmeyer and Cynthia A. Billmeyer over Part of Lot 2 Kerper Industrial Subdivision No. 2, in the City of Dubuque DATE: November 13, 2018 City Engineer Gus Psihoyos recommends City Council acceptance of a Grant of Easement for Sanitary Sewer Utility from the John P. Mihalakis and Letha A. Mihalakis Trust, and Richard L. Billmeyer and Cynthia A. Billmeyer, across Part of Lot 2 Kerper Industrial Subdivision No. 2. in the City of Dubuque, as part of the Kerper Boulevard Sanitary Sewer Reconstruction Project. 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 Du[auque ._...✓ � �T TJ � � �w�� `1/ �n"'v,rtA�a.'i'1:i'.Y.A r 1�� 4f � Masterpiece on the Mississippi �'�Z°'z 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 the John P. Mihalakis and Letha A. Mihalakis Trust, and Richard L. Billmeyer and Cynthia A. Billmeyer over Part of Lot 2 Kerper Industrial Subdivision No. 2, in the City of Dubuque DATE: November 8, 2018 INTRODUCTION The purpose of this memorandum is to seek acceptance of a Grant of Easement for Sanitary Sewer Utility across Part of Lot 2 Kerper Industrial Subdivision No. 2, in the City of Dubuque as part of the Kerper Boulevard Sanitary Sewer Reconstruction Project. DISCUSSION City Staff and the property owners, John P. Mihalakis and Letha A. Mihalakis and Richard L. Billmeyer and Cynthia A. Billmeyer, have been in negotiations over the past months regarding a propose sanitary sewer easement along the eastern portion of their property abutting Kerper Boulevard. The subject property is vacant and is located at the southwest corner of Kerper Court and Kerper Boulevard. We propose to acquire permanent easements and temporary construction easements created for the purpose of constructing the sanitary sewer, performing clearing and grubbing and erosion control construction activities related to the reconstruction of the sanitary sewer. Said proposed easement plats are shown in Exhibits A of the attached Grant of Easement. RECOMMENDATION I recommend accepting the Grant of Easement for Sanitary Sewer Utility across Part of Lot 2 Kerper Industrial Subdivision No. 2, 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 Sanitary Sewer Utility from the John P. Mihalakis and Letha A. Mihalakis Trust, and Richard L. Billmeyer and Cynthia A. Billmeyer through the adoption of the enclosed resolution. 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'. . � ,�`� .`:• �f:�. � m� s. � �. �o, �� r , ,;�, 'r, ��' EASEMENT � � ��- ROPOSED � .�� '_ �� —EMPORARY � � � ��' � � !� ��^�`'� �. � :ONSTRUCTION ,�.� — 4SEMENT ;� ' ,,� � � � -� • >�;� � " ,k, ,�% '� ,� `°�� f?��. �` r � I��'. \ � .,� ♦ . . .. . , � ��r � , : . t �� , , " e... ,.:. , � -� �". � ' . � 'b , -�'� ,.�'' ;'4 � � � 11�30 �,� - � , � � �';,� � � � �°?�` �� ;.. �� 1 -. _�.. _ - �: ` � y��; � $ � `1 ` �� , � � . � � � , ,:� - ` .� ` `, #$�, � '' : , '�.,,:. _ ,�r' � � ya��. / , *w; c •,g , ,�. .: ,�., � � ;� . � �o` � , ;- , - ;. , , ,y .. �,. , F , � �"�� a � �;rx � `" �'�5' ;. . ��'� ,� � ..�'` `�� "�P , ,, a , F „a � r � . , _. ?. p ° - — - — _, . ,_� , :,: - � .°� , r `� ,� � ` � tA; � ` �� '�`��M' � - : ' . , ,; Dubuque��unty As�sessor C�tX:_ D. �sing the Dubuque Area Geographlc Informatlon SVstem A' oAcis�,wnid,md�d�dar��eaeed bv bom me ciev of I V 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 = 150 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 100 50 0 100 200 Feet 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. 338-18 ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY ACROSS PART OF LOT 2 KERPER INDUSTRIAL PARK NO. 2, IN THE CITY OF DUBUQUE, IOWA Whereas, the John P. Mihalakis and Letha A. Mihalakis Trust, and Richard L. Billmeyer and Cynthia A. Billmeyer, have executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 2 Kerper Industrial Park No. 2, 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 across Part of Lot 2 Kerper"Industrial ,Park No. 2 in the City of Dubuque, Iowa from the John P. Mihalakis and Letha A. Mihalakis! Trust, and Richard L. Billmeyer and Cynthia A. Billmeyer, 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 sand 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 19th day of November 201 Attest: Kev',; S. Firnstahl, CMC, City Clerk /, 0 /f Roy D. Buol, Mayor U 11 11 11 11 11 11 11 11 11 Doc ID 010210250007 Type GEN Kind: EASEMENT Recorded: 11/21/2018 at 04:10:15 PM Fee Amt: $37.00 Page 1 of 7 Dubuque County Iowa John Murphy Recorder F11e2018-00013830 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 sum of Twenty Three Thousand Eight Hundred Forty One Dollars and Twenty Cents ($23,841.20) and other good and valuable consideration, the John P. Mihalakis and Letha A. Mihalakis Trust, and Richard L. Billmeyer and Cynthia A. Billmeyer, ("Grantor") do 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 2_ of Kerper Indy strial Park Nn. 2, 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. Together with the right to enter upon said property and occupy the temporary easement area as shown on the attached Exhibit A during the period of construction until the project is accepted by City Council. 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. 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 day of je t;i''/r'(/'< , 2018. By: By: THE JOHN P. MIHALAKIS AND LET. MIHALAKIS I RUS A. Mihalaki-, Tru t NOTARY PUBLIC STATE OF IOWA, COUNTY OF DiaJ_BUQUE, SS: dam.. On this day of /1%Dr`if44 A.D., 2018 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared - efn9-,}1. efp1,41. 0164.444-15,1 a fad—M-i .kis;-to me known to be the identical person-), named in and who executed the within and foregoing instrument, to which this is 60 -111 -MF( attached, and acknowledged that fa executed the same as #4.reirsvoluntary act and deed. 5)/T heir BRIAN J. KANE COMMISSION NO. 125603 My Comm. Expires JAN 12, 2019 Notary Public I nd or Said State B By: Cynthia A. Billmeyer NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this day of iVeV ° , A.D., 2018 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Richard L. Billmeyer and Cynthia A. Billmeyer, 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. BRIAN J. KANE COMMISSION NO. 125603 My Comm. Expires JAN 12, 2019 Notary Public In .'1 'd For Said State Reserved for Recorder Prepared By: Nate Kieffer 50 West 13th St. Dubuque,IA 52001 Ph:563-589-4270 Dubuque kiltd All -America City m 2007 CITY OF DUBUQUE ENGINEERING DEPARTMENT CITY HALL, 50 WEST 13th STREET DUBUQUE, IA 52001-4864 PHONE (563) 589-4270 FAX (563) 589-4205 Drawn By: RNK Approved By: RNK Date: 10-11-2018 PART OF LOT 2 KERPER IND. PARK NO. 2, CITY OF DUBUQUE, IOWA C.I.P. Number: I Sheet Number: 1 of 1 NORTH 0 50' 100' SCALE 1" = 100' FEET 200' NOTE: THIS SURVEY IS LOCATED IN THE NW 1/4 SECTION 19, T89N, R3E (JULIEN TOWNSHIP) OF THE 5TH P.M. IN THE CITY OF DUBUQUE, DUBUQUE COUNTY IOWA - • ---/-�Q Govt -/- N74° 53' 40"E 14.85' N74° 53' 40"E 47.51' S64°15'56"E 21.69'(21.73) LEGEND A� �1393�1 gg1 L130E �Zg. R025�06 9,10,.40. P N61 GNo0 1eX LOT 2 �5g ° KERPER INDUSTRIAL PARK NO. 2 LOT 2 RIVERVIEW PLAZA NO. 3 RAD 537.50' L21.15'(21.15') CHORD N60° 08' 48"E 21.15' (21.15') TEMPORARY CONSTRUCTION EASEMENT PERMANENT SANITARY SEWER EASEMENT FOUND IRON ROD/PIPE 0 SET 5/8" REBAR W YELLOW PLASTIC CAP 18128 RIGHT OF WAY RECORD DIMENSION LINE BREAK ADJACENT PROPERTY LINE RIGHT OF WAY LINE PROPOSED EASEMENT LINE R.O.W. (100.00') N75° 12' 34"E 11.00' 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 the City of Dubuque 7.444 'v1 Russell N. Kieffer Iowa Lic. No. 18128 Date My license renewal date is December 31, 2018 Pages or sheets covered by this seal: THIS PAGE ONLY LOT 1 KERPER INDUSTRIAL PARK NO. 2 S06° 47' 04"E 62.23' S06° 47' 04"E 62.32' N23° 36' 16"W 28.30' 25,e S51°47'41"E 44.09' (44.02') NOTES: N38° 43' 54"E 79.49' (79.74') 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2. PROPRIETOR OF ABOVE DESCRIBED LOT: JOHN P. & LETHA A. MIHALAKIS TRUST & RICHARD & CYNTHIA BILLMEYER 3. SURVEY REQUESTED BY: CITY OF DUBI,QUE, 50 W. 13TH ST. DUBUQUE, IOWA 4. TOTAL AREA OF PERIMETER PERM. EASE. SURVEYED IS 29,952 SQUARE FEET 5. THIS EASEMENT PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. CITY OF DUBUQUE EXHIBIT A - SANITARY SEWER EASEMENT COUNTY DUBUQUE PARCEL NO. 1119101031 JOB NO. PROJECT KERPER SANITARY SECTION 19 TWP 89N RANGE 3E ROW—FEE NIA EXIST. ROAD NIA PERM. EASEM'T29,952 SQ.PT. LEGAL DESCRIPTION LOT 2 KERPER INDUSTRIAL PARK NO, 2, CITY OF DUBUQUE, IOWA OWNER JOHN P. & LETHA A. MIHALAKIS TRUST & RICHARD & CYNTHIA BILLMEYER 1i- 5'45 The original of this document is on file with the firm of Kane, Norby & Reddick, P.C. TRUST AGREEMENT We, JOHN P. MIHALAKIS and LETHA A. MIHALAKIS, husband and wife, as settlors, make this Trust Agreement ("Agreement" or "Trust") with ourselves and with our daughter, JOLEEN M. HEDLEY, all as trustees, this 4th day of June, 2018. This Agreement shall be known as the JOHN P. MIHALAKIS AND LETHA A. MIHALAKIS TRUST. Settlors shall be hereinafter referred to from time to time as "John" or "Letha" or "settlors." We hereby transfer to ourselves, as trustees, the property described on the schedule attached hereto and by this reference made a part hereof. The above property, all additional property received by the trustees from any person, and all investments and reinvestments thereof are herein collectively referred to as the "trust property" and shall be held upon the following trusts. We specifically provide that we or JOLEEN M. HEDLEY, as co -trustee, individually and independently, shall have all of the powers pursuant to Part FIFTH of the trust and pursuant to the Iowa Trust Code. In other words, we or JOLEEN M. HEDLEY may act together or independently as co -trustees with regard to all of the powers granted pursuant to the terms of the trust and the Iowa Trust Code. Specifically, JOLEEN M. HEDLEY may, on her own and without us, take any and all action in connection with the trust and sign any and all documents without our signature thereon. We specifically authorize any party with whom any of us deals as trustee to rely upon this provision without liability to the trust for such reliance. ARTICLE I Section 1. Right to Revoke or Amend. We may jointly at any time or times during our joint lifetime amend or revoke this Agreement in whole or in part by an instrument in writing delivered to the trustees. The trust property to which any revocation relates shall be conveyed to either John or Letha or to both of them as settlors jointly direct. This power to revoke or amend the Trust is personal to settlors and may not be exercised by any legal representative, attorney-in- fact or other representative of settlors. Both settlors, acting together, may amend or revoke this Agreement. Upon the death of one settlor, the surviving settlor may amend or revoke this Agreement. Upon the death of the surviving settlor, this Trust shall become irrevocable. Section 2. Administration During Settlors' Lifetime. During settlors' joint lifetime, the trustees shall pay so much or all of the income, if any, of the trust estate to settlors jointly or otherwise as the settlors jointly direct. During settlors' joint lifetime, the settlors may jointly direct the trustees to distribute, assign and convey to settlors or to either settlor any portion of the trust property. Neither settlor, acting alone, may direct the trustees to transfer or convey any portion of the trust property. Page 1 of 8 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. 338-18 ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY ACROSS PART OF LOT 2 KERPER INDUSTRIAL PARK NO. 2, IN THE CITY OF DUBUQUE, IOWA Whereas, the John P. Mihalakis and Letha A. Mihalakis Trust, and Richard L. Billmeyer and Cynthia A. Billmeyer, have executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 2 Kerper Industrial Park No. 2, 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 across Part of Lot 2 Kerper"Industrial ,Park No. 2 in the City of Dubuque, Iowa from the John P. Mihalakis and Letha A. Mihalakis! Trust, and Richard L. Billmeyer and Cynthia A. Billmeyer, 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 sand 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 19th day of November 201 Attest: Kev',; S. Firnstahl, CMC, City Clerk /, 0 /f Roy D. Buol, Mayor U 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. 338-18 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 20th day of November, 2018. - Ke, n S. Firns6h1, IMC, City Clerk