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Acceptance of Ingress and Egress Easement_Cedar Ridge Farm No. 5Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of Ingress and Egress Easement DATE: January 26, 2010 City Engineer Gus Psihoyos recommends City Council acceptance of an easement for an ingress and egress across Lot 1 of Cedar Ridge Farm Place No. 5 to maintain existing detention facilities. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Michel C. Van Milligen Dubuque AFAmulagtr I m 2007 Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer DATE: January 21, 2010 SUBJECT: Acceptance of Ingress and Egress Easement INTRODUCTION Enclosed is a resolution accepting an easement for an ingress and egress across Lot 1 of Cedar Ridge Farm Place No. 5 to maintain existing detention facilities. DISCUSSION An ingress and egress easement was obtained from Perry Investments, LLC in order to have more feasible access to the existing detention facilities located on Lot C of Cedar Ridge Farm No. 4. The twenty -foot wide easement will primarily be used for trucks and equipment necessary to repair and clean the detention facilities. The City would be responsible for clean -up and damages caused by the use of the easement area. The attached site plan indicates the approximate location of the easement. Attached is a copy of the recorded easement needed for ingress and egress to provide necessary repair and maintenance of the existing detention facilities. Included is the following easement: Perry Investments, LLC Lot 1 of Cedar Ridge Farm Place No. 5 in the City of Dubuque, Dubuque County, Iowa RECOMMENDATION The above easement that has already been obtained by the City and recorded as Instrument No. 2009 -22798 in the Office of the Dubuque County Recorder should be accepted by the City Council. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution accepting the ingress and egress easement from Perry Investments, LLC. cc: Ron Turner, PLS Owner Legal Description Dubuque ItlEgral All- anedca City ' VIII ► 2007 Prepared by: Return to:. Ronald J. Turner, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563) 589 -4270 Ronald J. Turner, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563) 589 -4270 RESOLUTION NO. 21-10 A RESOLUTION ACCEPTING AN INGRESS AND EGRESS EASEMENT FOR REPAIR AND MAINTENANCE OF EXISTING STORMWATER DETENTION FACILITIES IN THE CITY OF DUBUQUE, IOWA Whereas, Perry Investments, LLC has executed an ingress and egress easement over and across parts of Lot 1 of Cedar Ridge Farm Place No. 5 in the City of Dubuque, Dubuque County, Iowa; and Whereas, said easement was recorded as Instrument No. 2009 -22798 in the Office of the Dubuque County Recorder on December 18, 2009. 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 ingress and egress easement over and across parts of Lot 1 of Cedar Ridge Farm Place No. 5 in the City of Dubuque, Dubuque County, Iowa, from Perry Investments, LLC, recorded as Instrument No. 2009 -22798 on December 18, 2009, in the Office of the Dubuque County Recorder. 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 1st day of Februar 01 . Atte - anne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor IIIIIIIIHllJiiIOIIIIIIlIIIJIIIIIIIIIIJIIIIjJIIIIIIfIiOjijijIIiiijjiiiiiiiiii11111111 Doc ID: 006633260002 Type GEN Kind: EASEMENT Recorded: 12/18/2009 at 10:09:59 AM Fee Amt: $14.00 Page 1 of 2 Dubuque County Iowa Kathy Flynn Thurlow Recorder Fi1e2009- 00022798 Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563) 589 -4270 Return to: Ronald J. Turner, City of Dubuque, 50W. 13 Street, Dubuque, IA 52001 (563) 589 -4270 INGRESS AND EGRESS EASEMENT Perry Investments, LLC ( "Grantors "), for good and valuable consideration, do hereby grant unto: The City of Dubuque, Iowa 50 West 13th Street Dubuque, la 52001 An ingress and egress easement, in perpetuity, over and across Lot 1 of Cedar Ridge Farm Place No. 5 in the City of Dubuque, for the purpose of providing the City of Dubuque, for themselves, their agents, contractors and assigns, (Grantee) access and vehicle maneuvering area from Cedar Crest Ridge to property legally described as Lot C of Cedar Ridge Farm Place No. 4 in the City of Dubuque, Iowa for the repair and maintenance of existing storm water detention facilities on said Lot C. Grantee shall be responsible for damages and cleanup in the area used for ingress and egress. Said ingress and egress easement area is expressly subject to the rights of Grantor. The City of Dubuque, Iowa shall have access to the ingress and egress easement area for the maintenance, repair, reconstruction and installation of existing storm water detention facilities on said Lot C. The City of Dubuque will restore the ingress and egress easement area due to said repair or maintenance to the condition prior to use. The City of Dubuque shall not erect any structure or stockpile any material that prohibits the use of the ingress and egress easement area by the Grantor without the written consent of the Grantor. It is understood and agreed upon that the intent of this easement is to provide the City, its contractors and agents with ingress and egress to said Lot C and not to restrict the Grantor from the intended use of the parking lot and driveways. Dated at Dubuque, Iowa this ) 1 day of & V , 2009. 1400 Q) City Engineer STATE OF IOWA COUNTY OF DUBUQUE ) On this : day of ,'7' -2009, before me, the undersigned, a Notary Public in and for said State, personally appeared John W. Perry j/'to me personally known, OR _ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s) acted, executed the instrument. (Nola Seal _ ELINDA RETTENBERGER = P ; Commlaalon NJmber 125 My Co.mmisalon Expires CAPACITY CLAIMED BY SIGNER INDIVIDUAL _X_ CORPORATE OFFICER(S) 174five j#zi l (CORP SEAL) AFFIXED _X_ NO SEAL PROCURED PARTNER(S) _X_ LIMITED GENERAL ATTORNEY -I N -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies): Perry Investments, LLC ALL PURPOSE ACKNOWLEDGMENT Perry Investments, LLC John W. Perry /h c4 e A.A.L1 sign in ink) Melinda Rettenbe ger (print/type name) Notary Public in and for State of Iowa (Title) SCHNEIDER Land Surveying & Planning P.O. Box 12B - 906 First Street NW Farley, Tows 52046 P28 563 - 744 -3531 Fex. 563- 744 -3629 LISLDE =OP WV LOPE KS OP PUSS STORM MATER INFORMATION BUROINO 1 S 100 S9.FT. YEMENT 5 SOFT. P G A PIiVtL 1.655 90.FT. TOTj 1 i 39 SITE PLAN 3170 CEDAR CREST RIDGE LOT I. R RI A O. 5.. C ITY OF DUR DGE OUPUGUE FARM COUNTY. IOWA. sPOS ftmo PHASE 1 - CONSTRUCTION SPADING - OCT 20009 SCREW. BUUILDING FOUNDATION - OCTOBER 2000 BUILDING I STRUCTURE - NR/EMEGIR E009 0000 SITE XOO -FALL 2009 TO 1'11't f "� It I tr-C* .40" ItO Vag" \ \\\:‘, 1 1 Iltrial,a 7 ! ♦ r te / i.�-• ` \ \��\ \ \ \\ \ \ )\\ \\\\ ;> 1 I II / ' / . ' / /i / �i // // / //, / /- ��/ / / / ^ /// /� / / /�/ POND , DETENTION P \ NOTES: NOB•SS' 15 3 13.14 PROPRIETOR AMY SI MM S 11C YC 10000 FRESCOS REPAY RIDGE DRIVE L fi20O3 OOD -SSB3 DEVIROPER PERM , Y p DIVESTMENTS. LLC 1OB 1.1 10 1E DRIVE 0° (5691 .69 ZGNxIM oxGlRxcT: VIE AI ES SERVICE •NO MNOLESAIE Oxsmxcr DOrMTMLr Au IMRpVEMENTS IN ACCORDANCE NITI CITY OF MM. ; zw na GoxNAxcEe. VERIFY LIC ILL IF L EXISTING UTILITIES PRIOR T ANY TMLTIDX. CALL IOTA ONE-CALL AT 1 292 - OS09. PLACE SILT FEIN ALONG THE LOXES SSE OF ALL DISTURBED YEAS AND AT THE BASE CF ALL SLOPES. -TIE TRASH E 11111 MIST E C LEW INtZIAIN BT EP MNC<OBDRE O IxIATN IEI6 B -F NM TIE WIE. ream SIGH PERMIT IS FEO IRED PRIOR TD INSTALLATION OF ANY SITE SIG'NA6E. CCESSISUE SIOI AFL Tlff BOTTOM OF TIE SIGN MST BF ff A 5' ABOVE 6MDE. - EXTENIOR LIMITS SHALL UTILIZE TV DEGREE CUT-fFF LUMINARIES. - ION IN P11GSC RZSIT O' MAT SHALL .6E IN ACLOaANCE E IlN cin of OeuGE STYawp9 ATLI � MSTH APPLICAG " ERM xTS OBT•IIED FOH Exc.AY•Txa Ara caNSRwcrxa. I- RE WL0 C4ITACT 0M. IRE MARSHALL ABOUT INSTALLATION OF pax BOY ON E me - x'APfpYTD cl OBOd4LCx1 CCMTI &2"DiNCEIITR6TALLLEUO FIR TD U g { }pI 1109.9.J. TH01 OF OEYICE MILL BE LET I DI BY EM OAQ OF WINO. UPM ROLL SUBMITTED A TEST TO T TRT SY A CERTIFIED BAORLO MEMO' TESTER SMALL BE 9EMITTEO To THE DUBUQUE. OY DUELERS UO MA1B1 OERART10iT LefATED AT MO KEIFEII CWRT, OLBUOUE I • PIROB TO TIE OZWAW 6 TM[9 BUILOIXN. A T TITHIS ERE 19 NO MIMING FOR A FIRE SERVICE LIRE TO THIS MIILDINO TILE. TOATIEENBOIL0ING6' -S' 6 COVER IS REWIRED CVFA TIE MAT. SERVICE - A I T RE0 I SHILL HAVE A NFD AmurED PRESSURE - NO MATER CONNECTION FEE IB ASSOCIATED MITI TNI9 ROAMY. lANN Masterpiece on the Mississippi DISCLAIMER: This information was compiled using the Dubuque Area Geographic Information System (DAGIS), which Includes data created by both the City of Dubuque and Dubuque County. It Is understood that, while the City of Dubuque and participating agencies utilized the most current and accurate Information available, DAGIS and it's suppliers do not warrant the accuracy or currency of the information or data contained herein. The City and partiupating agencies shall not be held liable for any direct, indirect, incidental, consequential, punitive, or special damages, whether foreseeable or unforeseeable, ansing out of the authorized or unauthorized use of this data or the inability to use this data or out of any breath of warranty whatsoever. 300 Perry Investments Ingress & Egress Easement Vicinity Map Dubuque bited laaaelialaz 1i li r 2007 1 inch = 300 feet 150 0 300 Feet WE sS Map Prepared by: TWK City of Dubuque Engineering Division 50 West 13th Street Dubuque, Iowa 52001 Phone: (583) 589 -4270 Fax: (583) 589 -4205 H:1EngineeringiMaps for Staff %Ron Tumer1Perry Investments, Cedar Crest Ridge Vicinity Map