Acceptance of Grant of Easement for Sanitary Sewer Utility from 3000 Jackson, LC Copyrighted
December 3, 2018
City of Dubuque Consent Items # 19.
ITEM TITLE: Acceptance of Grant of Easement for Sanitary Sewer Utility
from 3000 Jackson, LC
SUMMARY: City Manager recommending acceptance of a Grant of
Easement for Sanitary Sewer Utility across Part of Lot 2-1
in Liebe's Subdivision No. 3 and Part of Lot 1 and Lot 2 of
Dinosaur Place in the City of Dubuque as part of the 30th
and Jackson Street Sanitary Sewer Reconstruction Project.
RESOLUTI ON Accepting a Grant of Easement for Sanitary
Sewer Utility across part of Lot 2-1 in Liebe's Subdivision
No. 3 and part of Lot 1 and Lot 2 of Dinosaur Place, in the
Cityof 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 3000 Jackson LC-NNM Memo
Staff Memo Staff Memo
Resolution Resolutions
Grant of 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 3000
Jackson, LC over Part of Lot 2-1 in Liebe's Subdivision No. 3 and Part of
Lot 1 and Lot 2 of Dinosaur Place in the City of Dubuque (30�h and
Jackson Street Sanitary Sewer Reconstruction Project)
DATE: November 27, 2018
City Engineer Gus Psihoyos recommends City Council acceptance of a Grant of
Easement for Sanitary Sewer Utility across Part of Lot 2-1 in Liebe's Subdivision No. 3
and Part of Lot 1 and Lot 2 of Dinosaur Place in the City of Dubuque as part of the 30�n
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 �� �
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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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TO: Michael C. Van Milligen, City Manag�r
FROM: Gus Psihoyos, City Engineer __� �
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SUBJECT: Acceptance of Grant of Easement for Sanitary Sewer Utility from 3000 Jackson,
LC over Part of Lot 2-1 in Liebe's Subdivision No. 3 and Part of Lot 1 and Lot 2 of
Dinosaur Place in the City of Dubuque (30t" and Jackson Street Sanitary Sewer
Reconstruction Project)
DATE: November 19, 2018
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a Grant of Easement for Sanitary
Sewer Utility across Part of Lot 2-1 in Liebe's Subdivision No. 3 and Part of Lot 1 and Lot 2 of
Dinosaur Place 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 Stamping and Manufacturing buildings. The project is intended to relocate the sewer
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
3000 Jackson, LC(part of the Dubuque Malting and Brewing Cor�r�ipany property I�cated between
30th 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 2-1
in Liebe's Subdivision No. 3 and Part of Lot 1 and Lot 2 of Dinosaur 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 Sanitary Sewer
Utility from 3000 Jackson, LC 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. 359-18
ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY ACROSS
PART OF LOT 2-1 IN LIEBE'S SUBDVISION NO. 3 AND PART OF LOT 1 AND LOT 2
OF DINOSAUR PLACE, IN THE CITY OF DUBUQUE, IOWA
Whereas, 3000 Jackson, LC, has executed a Grant of Easement for Sanitary Sewer
Utility across Part of Lot 2-1 in Liebe's Subdivision No. 3 and Part of Lot 1 and Lot 2 in
Dinosaur 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 Sanitary Sewer Utility across Part of Lot 2-1
in Liebe's Subdivision No. 3 and Part of Lot 1 and Lot 2 in Dinosaur Place, in the City of
Dubuque, Iowa from 3000 Jackson, LC, 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 3rd day of December 2018.
Attest:
Kevin S. Firnsta I, City Clerk
7! Roy D, Ri iol Mayor
1\Vy V. VUVI, IVJCyJl
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Doc ID 010215980005 Type GEN
Kind: EASEMENT
Recorded: 12/05/2018 at 02:04:30 PM
Fee Amt: $27.00 Page 1 of 5
Dubuque County Iowa
John Murphy Recorder
F11e2018-00014334
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 00/100s Dollars ($10.00) and other good
and valuable consideration, 3000 JACKSON, LC, an Iowa Limited Liability
Company, ("Grantor") does hereby grant to the City of Dubuque ("Grantee's), a
municipal corporation, its agents and contractors, from the dafe 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 2-1 in Liebe's Subdivision No. 3 and Part of Lot 1 and Lot 2 of
Dinosaur 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 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
(L1()° ubL(cNisir
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 131"( day of Aiottevo,ta-e-r- , 2018.
By:
3000 JACKSON, LC
Stephen Emerson, Member
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this this -HI day of , A.D., 2018 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared
Stephen Emerson, 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.
r
John Paul Gabrielson
Commission Number 806463
My Commission Expires
/ONO September 13, 2020
otary Public In and For Said State
Reserved for Recorder
A 52001 Ph:563-589-4270
Dubuque
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All -America City
1 1 1 IF
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: 1-19-2018
PART OF LOT 2-1 LIEBE'S SUB. NO. 3,
AND LOT 1 & 2 OF DINOSAUR PLACE
CITY OF DUBUQUE, IOWA
C.I.P. Number.
Sheet Number:
of
LEGEND
•
0
R.O.W.
(100.00)
1//
LOT 2-1
LIEBE'S SUB. NO. 3 CH =S35° 08' 16"W (162.55)
L.(165.30)
INST. NO. 200519110 R=(261.20)
NORTH
0 15 30'
SCALE 1" = 30' FEET
\\.....„--EXIST. BUILDING OUTLI
'7
:
:
k
'1 7 44' ss,,
'
k ‘4..
k : 44 '',.-77—............EXIST. SANITARY SEWER
' ‘,., —EASEMENT PER INST. NO.
k
2008-7052
NE
'.%.
FOUND i"
CAP NO. • ,,,, , 4 4 „, ,,,
12631 AT NE'RLY —frie it:
CORNER LOT 2
DINOSAUR PLACE
''' ,x, „ ' s
4 4
k• „ .., „
FOUND IRON ROD/PIPE
SET 5/8" REBAR WITH YELLOW PLASTIC CAP # 18128
RIGHT OF WAY
RECORD DIMENSION
LINE BREAK
ADJACENT PROPERTY LINE
RIGHT OF WAY LINE
PROPOSED EASEMENT LINE
LOT 4
LIEBE'S SUB. NO. 3
INST. NO. 19296-03
-.41-—EXIST. BUILDING OUTLINE
(Po
tS%
PROPERTY LINE (TYP.) 929„,
PROPERTY LINE (TYP.)
CENTERLINE
20' WIDE PERMANENT
SANITARY SEWER
EASEMENT
EXIST. BUILDING OUTLINE
LOT 2 DINOSAUR PLACE
z
2
2
a.
20' WIDE PERMANENT
SANITARY SEWER EASEMENT
INST. NO. 2013-1590 cLp
FOUND CUT
"X" AT SW
CORNER LOT 4
LIEBE'S SUB.
-N\ N0.3
1 co6 (§)Q'
/
/ /
/
C•I'‘
7
-V'
0" -........................._FOUND CUT "X"
AT SW CORNER
LOT 2 DINOSAUR
PLACE
PROPERTY LINE (TYP.) BUILDING OUTLINE
LOT 1 DINOSAUR PLACE
INST. NO. 2013-1590
NOTES:
FOUND'
REBAR W/
CAP NO.
12631 AT SE
CORNER LOT 4
LIEBE'S
SUB. NO. 3
NOTE:
THS 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: 3000 JACKSON, LC
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
1013106017
1013106016
COUNTY DUBUQUE ,PARCEL NO. 1013106015 JOB NO.
PROJECT 30TH ST. SANITARY SECTION 13 TWP 89N RANGE 2E
ROW—FEE N/A EXIST. ROAD PERM.CYOFEADUSBELIMQL,6 0101/4/5ASQ.FT
LEGAL DESCRIPTION LOT 2-1 LIEBE'S SUBDIVISION NO. 3, IT
OWNER 3000 JACKSON, LC LOT 1 & 2 DINOSAUR PLACE, CITY OF DUBUQUE, IOWA
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. 359-18
ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY ACROSS
PART OF LOT 2-1 IN LIEBE'S SUBDVISION NO. 3 AND PART OF LOT 1 AND LOT 2
OF DINOSAUR PLACE, IN THE CITY OF DUBUQUE, IOWA
Whereas, 3000 Jackson, LC, has executed a Grant of Easement for Sanitary Sewer
Utility across Part of Lot 2-1 in Liebe's Subdivision No. 3 and Part of Lot 1 and Lot 2 in
Dinosaur 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 Sanitary Sewer Utility across Part of Lot 2-1
in Liebe's Subdivision No. 3 and Part of Lot 1 and Lot 2 in Dinosaur Place, in the City of
Dubuque, Iowa from 3000 Jackson, LC, 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 3rd day of December 2018.
Attes
t die
yarOr
Ker n S. Firnsta I, City Clerk
Roy D. Buol, Mayor
STATE OF IOWA
CERTIFICATE of the CITY CLERK
) 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. 359-18 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 4th day of December, 2018.
Kevin Firnstahl, CMC, City Clerk