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
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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