Acceptance of Grant of Easement for Jackson Street_R&S Realty Copyrighted
November 19, 2018
City of Dubuque Consent Items # 16.
ITEM TITLE: Acceptance of Grant of Easement for Jackson Street
Sanitary Sewer Reconstruction Project
SUMMARY: City Manager recommending acceptance of a Grant of
Easement for Sanitary Sewer Utility from R& S Realty, LLC
across Part of Lot 4 of Liebe's Subdivision No. 3 in the City
of Dubuque, as part of the 30th and Jackson Street
Sanitary Sewer Reconstruction Project.
RESOLUTION Accepting a Grant of Easement for Sanitary
Sewer Utility Across Part of Lot 4 of Liebe's Subdivision
No. 3, 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 Sanitary Sewer City Manager Memo
Utility from R& S Realty-NNM Memo
Staff Memo Staff Memo
Resolution Resolutions
Grant of Easement Sanitary 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 R & S
Realty, LLC over Part of Lot 4 of Liebe's Subdivision No. 3 in the City of
Dubuque (30�h and Jackson Street Sanitary Sewer Reconstruction Project)
DATE: November 13, 2018
City Engineer Gus Psihoyos recommends City Council acceptance of a Grant of
Easement for Sanitary Sewer Utility from R & S Realty, LLC across Part of Lot 4 of
Liebe's Subdivision No. 3 in the City of Dubuque, as part of the 30�h and Jackson Street
Sanitary Sewer Reconstruction Project.
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
THE CITY OF Dubuque
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2013•2017
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer ;•� �r;�
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SUBJECT: Acceptance of Grant of Easement for Sanitary Sewer Utility from R & S Realty,
LLC over Part of Lot 4 of Liebe's Subdivision No. 3 in the City of Dubuque (30t"
and Jackson Street Sanitary Sewer Reconstruction Project)
DATE: November 7, 2018
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a Grant of Easement for Sanitary
Sewer Utility across Part of Lot 4 of Liebe's Subdivision No. 3 in the City of Dubuque as part of
the 30t" and Jackson Street Sanitary Sewer Reconstruction Project.
DISCUSSION
This project will reroute an existing sanitary sewer main that currently runs underneath the
Dubuque Malting and Brewing Company(H&W) building at 30t" and Jackson Street. The sewer
main will be rerouted to an alignment between the Dubuque Malting and Brewing Company and
Dubuque Stamp buildings. The project is intended to relocate the sewer and to alleviate the
current inflow and infiltration issues under and in the vicinity of the Dubuque Malting and Brewing
building. This project is part of the City of Dubuque's US EPA Consent Decree Corrective Action
Plan.
The proposed sewer re-alignment runs across several properties including property owned by
R & S Realty, LLC (part of the Dubuque Stamping and Manufacturing property located between
30t" Street and 32nd Street). We propose to acquire a permanent easement created for the
purpose of constructing, operating and maintaining the sanitary sewer across the property. The
grant of easement and plat are shown in the attached Exhibit A.
RECOMMENDATION
I recommend accepting the Grant of Easement for Sanitary Sewer Utility across Part of Lot 4 of
Liebe's Subdivision No. 3 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 R & S Realty, LLC 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. 339-18
ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY ACROSS
PART OF LOT 4 OF LIEBE'S SUBDVISION NO. 3, IN THE CITY OF DUBUQUE, IOWA
Whereas, R & S Realty, LLC, has executed a Grant of Easement for Sanitary Sewer
Utility across Part of Lot 4 of Liebe's Subdivision No. 3, 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 4 of
Liebe's Subdivision No. 3, in the City of Dubuque, Iowa from R & S Realty, 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 19th day of November 201
Attest:
Kevin S(Firnstah' ; CMCrCity Clerk
Roy D. Buol, Mayor
11113411114111111111031111
Doc ID: 010210240005 Type: GEN
Kind: EASEMENT
Recorded:
at f09:28 PM
Amt: $27.00 Page 1of45
Fee
Dubuque County Iowa
John Murphy Recorder QQ QQ
Fi1e2018 000/3829
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 Two Thousand and 00/100's Dollars ($2,000.00)
and other good and valuable consideration, R & S REALTY, LLC, an Iowa
Limited Liability Company, ("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 4 in Liebe's Subdivision No. 3, 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
Grantee, its agents or contractors, shall at all times have free access to and
a '1')6
cj Gorr
egress from and over said real estate to maintain or repair said sanitary sewer
thereon or therein.
Dated at Dubuque, Iowa this
STATE OF IOWA,
day of /e7"2018.
By:
R & S REALTY, LLC
David W. Spahn, Pa er
NOTARY PUBLIC
COUNTY OF DUBUQUE, SS:
On this 1 day of Nei , A.D., 2018 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared David
W. Spahn, 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.
DAROLD VICKERMAN
Commission Number 753584
My Comm. Exp. JUL 07, 2020
1-4 tct \rt,ctoruist,
Notary Public In and For Said State
Reserved for Recorder
Dubuque
krAtt
All -America City
111 1 1 1!
2007
CITY OF DUBUQUE
ENGINEERING DEPARTMENT
CITY HALL, 50 WEST 1 3th STREET
DUBUQUE, IA 52001-4864
PHONE (563) 589-4270 FAX (563) 589-4205
Drawn By: RNK
Approved By: RNK
Date: 11-06-2018
PART OF LOT 4 LIEBE'S SUB. NO. 3,
CITY OF DUBUQUE, IOWA
C.I.P. Number:
I Sheet Number: 1 of 1
NORTH
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R.O.W. RIGHT OF WAY REBAR W/
CAP NO. —/I
(100.00') RECORD DIMENSION 12631 AT NE'RLY
CORNER LOT 2
DINOSAUR PLACE
SLINE BREAK
ADJACENT PROPERTY LINE
20' WIDE PERMANENT
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LIEBE'S SUB. NO. 3
INST. NO. 200519110
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INST. NO. 19296-03
EXIST. BUILDING OUTLINE
20' WIDE PERMANENT
SANITARY SEWER EASEMENT
N52° 56' 16"E
21.21'
FOUND CUT
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NOTES:
7
ZNOTE:
7
FOUND i"
REBAR W/
CAP NO.
12631 AT SE
CORNER LOT 4
LIEBE'S
SUB. NO. 3
/
THIS SURVEY IS LOCATED IN THE
NW 1/4 SECTION 13, T89N, R2E
(DUBUQUE TOWNSHIP)
OF THE 5TH P.M. IN THE
CITY OF DUBUQUE, DUBUQUE
COUNTY IOWA
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
2. PROPRIETOR OF ABOVE DESCRIBED LOT: R & S REALTY, LLC
3. SURVEY REQUESTED BY: CITY OF DUBUQUE, 50 W. 13TH ST. DUBUQUE, IOWA
4. 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. 1119101032 JOB NO.
PROJECT 30TH ST. SANITARY SECTION 13 TWP 89N RANGE 2E
ROW—FEE N/A EXIST. ROAD N/A PERM. EASEM'T 1,905 SQ.FT.
LEGAL DESCRIPTION LOT 4 LIEBE'S SUBDIVISION NO. 3, CITY OF DUBUQUE, IOWA
OWNER R & S REALTY, LLC
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. 339-18
ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY ACROSS
PART OF LOT 4 OF LIEBE'S SUBDVISION NO. 3, IN THE CITY OF DUBUQUE, IOWA
Whereas, R & S Realty, LLC, has executed a Grant of Easement for Sanitary Sewer
Utility across Part of Lot 4 of Liebe's Subdivision No. 3, 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 4 of
Liebe's Subdivision No. 3, in the City of Dubuque, Iowa from R & S Realty, 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 19th day of November 201
Attest:
Kevin S(Firnstah' ; CMCrCity Clerk
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. 339-18 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.
,41C40940-
Vie, ._.
Keviy(S. Firnstahl, CMC, City Clerk