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Acceptance of Grants of Easements for Water Main/Utilities from Marquette Place Property Owners Copyrighted March 18, 2019 City of Dubuque Consent Items # 10. ITEM TITLE: Acceptance of Grants of Easements for Water Main and Sanitary Sewer Utilities from Property Owners on Marquette Place SUMMARY: City Manager recommending acceptance of Grants of Easement for Water Main and Sanitary Sewer Utilities across properties on Marquette Place in the City of Dubuque as part of the Marquette Place Street Sanitary Sewer and Water Main Reconstruction Project. RESOLUTION Accepting Grants of Easementforcertain public utilities associated with the Marquette Place Sanitary Sewer& Water Main Reconstruction Project in the City of Dubuque, lowa SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt Resolution(s) ATTACHMENTS: Description Type Acceptance of Grants of Easements for Water Main and Sanitary Sewer for Marquette Place Sanitary City Manager Memo Sewer and Water Main Reconstruction-MVM Memo Staff Memo Staff Memo Resolution Resolutions Connolly Easement Supporting Documentation Evarts Easement Supporting Documentation Gallagher Easement Supporting Documentation Hefel Easement Supporting Documentation Johnson Easement Supporting Documentation Kruse Easement Supporting Documentation Lembke Easement Supporting Documentation Link Easement Supporting Documentation Matthews Easement Supporting Documentation Pankow Easement Supporting Documentation Peterson Easement Supporting Documentation Powel Easement Supporting Documentation Redman Easement Supporting Documentation Sweeney Easement Supporting Documentation Towers Easement 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 Grants of Easement for Water Main and Sanitary Sewer Utilities from Property Owners on Marquette Place in the City of Dubuque as Part of the Marquette Place Street Sanitary Sewer and Water Main Reconstruction Project DATE: March 11 , 2019 City Engineer Gus Psihoyos recommends City Council acceptance of Grants of Easement for Water Main and Sanitary Sewer Utilities across properties on Marquette Place in the City of Dubuque as part of the Marquette Place Street Sanitary Sewer and Water Main 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 Dubuque THE CITY OF ' � �~""� w-�'" AN•A1�riri C� ��.,T� .� .;§8at wv}Fzaif '1 i` II Maste iece on the Mississi i �«"`zo'Z �P pp ��3�zo�� TO: Michael C. Van Milligen, City Manager _ _, • � FROM: Gus Psihoyos, City Engineer � . � _ SUBJECT: Acceptance of Grants of Easement for Water Main and Sanitary Sewer Utilities from Property Owners on Marquette Place in the City of Dubuque as Part of the Marquette Place Street Sanitary Sewer and Water Main Reconstruction Project DATE: March 4, 2019 INTRODUCTION The purpose of this memorandum is to seek acceptance of a Grants of Easement for Water Main and Sanitary Sewer Utilities across properties on Marquette Place in the City of Dubuque as part of the Marquette Place Street Sanitary Sewer and Water Main Reconstruction Project. DISCUSSION This project will replace water and sewer main utilities through fifteen properties located between Marquette Place and Queen Street. The water and sewer main utilities will be relocated to an alignment that is further away from the existing buildings and residences on the properties to allow for easier maintenance of the utilities in the future. The project is part of the corrective action plan under the US EPA Consent Decree to alleviate the existing storm water I & I issues in this area. The proposed w�ter ��iain aiid s�nitary sewer re-alignrri�nt runs across fiffie�n �raper�ies including properties as listed on the attached resolution. The City proposes to acquire permanent easements created for the purpose of constructing, operating and maintaining the water main and sanitary sewer across the properties. The grants of easement and plats are shown in the attached exhibits. RECOMMENDATION I recommend accepting the Grants of Easement for Water Main and Sanitary Sewer Utility across the properties identified on the attached resolution and as shown on the exhibits attached to the Grants of Easement. ACTION TO BE TAKEN I respectfully request acceptance of the dedication of Grants of Easement for Water Main and Sanitary Sewer Utility from the Marquette Place owners 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. 13'h Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 94-19 ACCEPTING GRANTS OF EASEMENT FOR CERTAIN PUBLIC UTILITIES ASSOCIATED WITH THE MARQUETTE PLACE SANITARY SEWER & WATER MAIN RECONSTRUCTION PROJECT, IN THE CITY OF DUBUQUE, IOWA Whereas, Garry J. and Julie A. Redman, have executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 1 of Zurcher Subdivision, in the City of Dubuque, Iowa, in the City of Dubuque, Iowa; and Whereas, Kathleen C. Kruse, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 2 of Zurcher Subdivision, in the City of Dubuque, Iowa; and Whereas, Michael R. and Jill C. Pankow, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 2-2-3 and Lot 4 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Lisa B. Towers, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 5 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, James A. and Linda Link, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 6 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Rebekah J. Matthews, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 7 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Eric C. and Jennifer Johnson, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 8 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Roger C. and Constance M. Powell, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 9 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Stacy L. Gage and William L.Peterson, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 10 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Ethan J. Lembke, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 11 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Matthew J. and Spring J. Connolly, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 12 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Donna M. Evarts and Leon R. Gillenwater, have executed a Grant of Easement for Water Pviain and Sanitary Sewer Utility across Part of Lot 13 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Leslie J. and John L. Sweeney, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 14 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Jandell R. and Christopher L. Gallagher, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 15 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Christopher M. Hefei, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 1 of Hefei Place, in the City of Dubuque, Iowa; and 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 Grants of Easement for Water Main and Sanitary Sewer Utility, and the Grant of Easement for Sanitary Sewer Utility, across the properties as listed above, in the City of Dubuque, Iowa from the property owners as listed above, copies of which are 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 with each said Grant of Easement for Water Main and Sanitary Sewer Utility, in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 18th day of March 2019. 1 Attest: Kevi S. Firnstahl, CMC, City Clerk ^t L+ L/ Roy D. Buol, Mayor 111111 I lllILllIl u 1111 Doc ID 010258730006 Type GEN Kind: EASEMENT Recorded: 03/20/2019 at 02:27:10 PM Fee Amt: $32.00 Page 1 of 6 Dubuque County Iowa John Murphy Recorder File 2019-00002 77 7 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 WATER MAIN AND SANITARY SEWER UTILITIES For and in consideration of the sum of Two Thousand Eight Hundred Forty and 00/100's Dollars ($2,840.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, MATTHEW J. AND SPRING J. CONNOLLY, ("Grantor"), of Dubuque County, State of Iowa, for themselves, their hefts and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, ("Grantee"), a municipal corporation, its agents and contractors, from the date hereof, rights of ways and easements through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Part of Lot 12 of Audubon Addition, 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 water main and sanitary sewer i itilities 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 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 water main and sanitary sewer and 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. Grantor agrees that any future improvements placed within said easement by Grantor, and their heirs and assigns, excluding turf grass, may be removed and not replaced by the City of Dubuque in the process of maintaining, repairing or reconstructing the water main and sanitary sewer main utilities. City of Dubuque will not be responsible for the replacement, repair, or relocation of any future improvements, besides turf grass, that encroach in the proposed easement. 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 water main and sanitary sewer utilities thereon or therein. Dated at Dubuque, Iowa this 1 ` day of -6). y , 2019. By: Bv: Matthew J. C Q nnolly Spri ► J . onnolly NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this 1 TH day ofFF`%3/2-V' A.D., 2019 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Connolly and Spring J. Connolly 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. 0 % RUSSELL N KIEFFER Commission Number 778626 My Commission Expires Ma 24, 2019_ Notary Public In and For Said State Reserved for Recorder Prepared By: Nate Kieffer 50 West 13th St. Dubuque,IA 52001 Ph:563-589-4270 Dubuque batil All -America City 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 I Approved By: RNK I Date: 02-01-2019 PART OF LOT 12 AUDUBON ADDITION CITY OF DUBUQUE, IOWA C.I.P. Number: ISheet Number: 1 of LEGEND • FOUND IRON ROD/PIPE 0 SET 5/8" REBAR WITH R.O.W. (100.00') YELLOW PLASTIC CAP # 18128 RIGHT OF WAY RECORD DIMENSION LINE BREAK ADJACENT PROPERTY LINE — RIGHT OF WAY LINE PROPOSED EASEMENT LINE NORTH 0 10' 20' SCALE 1" = 20' FEET LOT 11 AUDUBON ADD. PLAT BK. 8, PG. 15 00 00 00 40' ��11$21 10',22 61 �6 `L_L X61 5623 PERMANENT WATER MAIN AND SANITARY SEWER UTILITY EASEMENT FOUND" PIPE, 0.14' SOUTH OF NORTH PROPERTY LINE 00 I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa. For the City of Dubuque -77frvt V .iC az-of-zoo Russell N. Kieffer Iowa Lic. No. 18128 Date My license renewal date is December 31, 2020 Pages or sheets covered by this seal: THIS PAGE ONLY 00 •00 1 20. N 0 � '0, ,61 S09° 22' 54"E 0.64' LOT 12 AUDUBON ADD. PLAT BK. 8, PG. 15 w X61 Zo cl <11 6$ 11 10 1 X61 LOT 13 AUDUBON ADD. PLAT BK. 8, PG. 15 FOUND 1" PIPE \A6 0. 0 o LOT 14 AUDUBON ADD. PLAT BK. 8, PG. 15 NOTES: 00 O FOUND 1" PIPE NOTE: THIS SURVEY IS LOCATED IN THE SE 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: SPRING AND MATTHEW CONNOLY 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 - WATER MAIN & SANITARY SEWER UTILITY EASEMENT COUNTY DUBUQUE PARCEL NO. 1013401011 JOB NO. PROJECT MARQUETTE SANITARY SECTION 13 TWP 8_9NRANGE 2E ROW—FEE N/A EXIST. ROAD N/A PERM. EASEM'T SEE ABOVE LEGAL DESCRIPTION LOT 12 AUDUBON ADDITION, CITY OF DUBUQUE, IOWA OWNER SPRING AND MATTHEW CONNOLLY 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. 94-19 ACCEPTING GRANTS OF EASEMENT FOR CERTAIN PUBLIC UTILITIES ASSOCIATED WITH THE MARQUETTE PLACE SANITARY SEWER & WATER MAIN RECONSTRUCTION PROJECT, IN THE CITY OF DUBUQUE, IOWA Whereas, Garry J. and Julie A. Redman, have executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 1 of Zurcher Subdivision, in the City of Dubuque, Iowa, in the City of Dubuque, Iowa; and Whereas, Kathleen C. Kruse, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 2 of Zurcher Subdivision, in the City of Dubuque, Iowa; and Whereas, Michael R. and Jill C. Pankow, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 2-2-3 and Lot 4 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Lisa B. Towers, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 5 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, James A. and Linda Link, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 6 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Rebekah J. Matthews, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 7 of Audubon Addition, in the City of Dubuque, IUWd, and Whereas, Eric C. and Jennifer Johnson, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 8 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Roger C. and Constance M. Powell, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 9 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Stacy L. Gage and William L. Peterson, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 10 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Ethan J. Lembke, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 11 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Matthew J. and Spring J. Connolly, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 12 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Donna M. Evarts and Leon R. Gillenwater, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 13 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Leslie J. and John L. Sweeney, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 14 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Jandell R. and Christopher L. Gallagher, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 15 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Christopher M. Hefei, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 1 of Hefei Place, in the City of Dubuque, Iowa; and 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 Grants of Easement for Water Main and Sanitary Sewer Utility, and the Grant of Easement for Sanitary Sewer Utility, across the properties as listed above, in the City of Dubuque, Iowa from the property owners as listed above; copies of which are attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledqe 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 with each said Grant of Easement for Water Main and Sanitary Sewer Utility, in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 18th day of March 2019. 41 '% Roy D. Buol, Mayor Attest: Kevi S. Firnstahl, CIBC, City Clerk CERTIFICATE of tie 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. 94-19 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 19th day of March, 2019. Kevin Firnstahl, CMC, City Clerk Y 11 11 1101 011 11 11 11 11 11 Doc ID 010258740006 Type GEN Kind: EASEMENT Recorded: 03/20/2019 at 02:27:34 PM Fee Amt: $32.00 Page 1 of 6 Dubuque County Iowa John Murphy Recorder Fi1e2019-00002778 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 WATER MAIN AND SANITARY SEWER UTILITIES For and in consideration of the sum of Two Thousand Seven Hundred and 001100's Dollars ($2,700.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, DONNA M. EVARTS AND LEON R. GILLENWATER , ("Grantor"), of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, ("Grantee"), a municipal corporation, its agents and contractors, from the date hereof, rights of ways and easements through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Part of Lot 13 of Audubon Addition, 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 water main and sanitary sewer utilities 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 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 water main and sanitary sewer and 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. Grantor agrees that any future improvements placed within said easement by Grantor, and their heirs and assigns, excluding turf grass, may be removed and not replaced by the City of Dubuque in the process of maintaining, repairing or reconstructing the water main and sanitary sewer main utilities. City of Dubuque will not be responsible for the replacement, repair, or relocation of any future improvements, besides turf grass, that encroach in the proposed easement. 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 water main and sanitary sewer utilities thereon or therein. Dated at Dubuque, Iowa this rO day of , 2019. By: B Donna M. Evarts Leon R. Gillenwater NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this /0 7?-! day of, Z Z Vn>< A.D., 2019 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Donna M. Evarts and Leon R. Gillenwater 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. 0 3aln KNIP N USSELL N KIEFFER Commission Number 778626 My Commission Expires Ma 24 2019 Notary Public In and For Said State Reserved for Recorder Dubuque kighl All -America City • 2007 CITY OF DUB UQU Ha 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: 02-01-2019 PART OF LOT 13 AUDUBON ADDITION CITY OF DUBUQUE, IOWA C.LP. Number. I Sheet Number. 1 of 1 0 ti CV d' co M a 0 0 N L!') CT 0 U) M 0 LC) L Y. m ca z m Q a� i LEGEND • FOUND IRON ROD/PIPE 0 SET 5/8" REBAR WITH R.O.W. (100.00') 1/ '/1 NORTH 0 10' 20' SCALE 1" = 20' FEET LOT 12 AUDUBON ADD. PLAT BK. 8, PG. 15 N06„. 0 X61 PERMANENT' WATER MAIN AND SANITARY SEWER UTILITY EASEMENT 57 YELLOW PLASTIC CAP # 18128 RIGHT OF WAY RECORD DIMENSION LINE BREAK ADJACENT PROPERTY LINE RIGHT OF WAY LINE PROPOSED EASEMENT LINE 00, C.Jo, •0 . - oLP. 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 Russell N. Kieffer Iowa Lic. No. 18128 Date My license renewal date is December 31, 2020 Pages or sheets covered by this seal: THIS PAGE ONLY 00 Ns, FOUND 1" PIPE 40' OC 1�16(2) �6 ° LOT 13 AUDUBON ADD. PLAT BK. 8, PG. 15 o1g���. X60 LOT 14 AUDUBON ADD. PLAT BK. 8, PG. 15 LOT 15 AUDUBON ADD. PLAT BK. 8, PG. -co NOTES: FOUND 1" PIPE Q N NOTE: THIS SURVEY IS LOCATED IN THE SE 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: DONNA EVARTS AND LEON GILLENWATER 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 - WATER MAIN & SANITARY SEWER UTILITY EASEMENT COUNTY DUBUQUE PARCEL NO. 1013401012 JOB NO. PROJECT MARQUETTE SANITARY SECTION 13 TWP S9N RANGE 2E ROW -FEE N/A EXIST. ROAD NIA PERM. EASEM'T SEE ABOVE LEGAL DESCRIPTION LOT 13 AUDUBON ADDITION, CITY OF DUBUQUE, IOWA OWNER DONNA EVARTS AND LEON GILLENWATER 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. 94-19 ACCEPTING GRANTS OF EASEMENT FOR CERTAIN PUBLIC UTILITIES ASSOCIATED WITH THE MARQUETTE PLACE SANITARY SEWER & WATER MAIN RECONSTRUCTION PROJECT, IN THE CITY OF DUBUQUE, IOWA Whereas, Garry J. and Julie A. Redman, have executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 1 of Zurcher Subdivision, in the City of Dubuque, Iowa, in the City of Dubuque, Iowa; and Whereas, Kathleen C. Kruse, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 2 of Zurcher Subdivision, in the City of Dubuque, Iowa; and Whereas, Michael R. and Jill C. Pankow, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 2-2-3 and Lot 4 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Lisa B. Towers, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 5 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, James A. and Linda Link, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 6 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Rebekah J. Matthews, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 7 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Eric C. and Jennifer Johnson, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 8 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Roger C. and Constance M. Powell, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 9 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Stacy L. Gage and William L. Peterson, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 10 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Ethan J. Lembke, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 11 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Matthew J. and Spring J. Connolly, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 12 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Donna M. Evarts and Leon R. Gillenwater, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 13 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Leslie J. and John L. Sweeney, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 14 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Jandell R. and Christopher L. Gallagher, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 15 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Christopher M. Hefei, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 1 of Hefei Place, in the City of Dubuque, Iowa; and 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 Grants of Easement for Water Main and Sanitary Sewer Utility, and the Grant of Easement for Sanitary Sewer Utility, across the properties as listed above, in the City of Dubuque, Iowa from the property owners as listed above, copies of which are 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 with each said Grant of Easement for Water Main and Sanitary Sewer Utility, in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 18th day of March 2019. LI Roy D. Buol, Mayor Attest: Kevi S. Firnstahl, C C, City Clerk 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. 94-19 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 19th day of March, 2019. . ev>' S. irnstahl, C ' C, City Clerk VYn 11 ilii IIij ui 111 iV 11 Doc ID: 010258710006 Type GEN Kind: EASEMENT Recorded: 03/20/2019 at 02:26:20 PM Fee Amt: $32.00 Page 1 of 6 Dubuque County Iowa John Murphy Recorder 11 Fi1e2019-00002 / ! 5 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 WATER MAIN AND SANITARY SEWER UTILITIES For and in consideration of the sum of One Thousand Three Hundred and 00/100's Dollars ($1,300.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, STACY L. GAGE AND WILLIAM L. PETERSON, ("Grantor"), of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, ("Grantee"), a municipal corporation, its agents and contractors, from the date hereof, rights of ways and easements through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Part of Lot 10 of Audubon Addition, 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 water main and sanitary sewer utilities 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 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 water main and sanitary sewer and 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 cEN excavation that will diminish the lateral support or integrity of said improvements without obtaining the prior written consent of the City Engineer. Grantor agrees that any future improvements placed within said easement by Grantor, and their heirs and assigns, excluding turf grass, may be removed and not replaced by the City of Dubuque in the process of maintaining, repairing or reconstructing the water main and sanitary sewer main utilities. City of Dubuque will not be responsible for the replacement, repair, or relocation of any future improvements, besides turf grass, that encroach in the proposed easement. 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 water main and sanitary sewer utilities thereon or therein. Dated at Dubuque, Iowa this day of f lOPYVAl , 2019. By: By: William L. Peterson IUJ I RIX rUDLR STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this ZO7a day of /L`4tz , A.D., 2019 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Stacy L. Gage and William L. Peterson 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. 0 Z RUSSELL N KIEFfER Commission Number 778626 My Commission Expires Ma 24, 2019 Notary Public In and For Said State Prepared By: Nate Kieffer 50 West 13th St. Dubuque,IA 52001 Ph:563-589-4270 Dubuque kietri All -America City 11111! 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 l Approved By: RNK Date: 02-01-2019 PART OF LOT 10 AUDUBON ADDITION CITY OF DUBUQUE, IOWA C.I.P. Number: I SheetNumber. 1 of 1 LEGEND O R.O.W. (100.00') 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 NORTH 0 10' 20' SCALE 1" = 20' FEET 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 -nA4 l c OZ -Dlt-ZO/9 Russell N. Kieffer lowa Lic. No. 18128 Date My license renewal date is December 31, 2020 Pages or sheets covered by this seal: THIS PAGE ONLY 40' LOT 9 AUDUBON ADD. PLAT BK. 8, PG. 15 09) 2,1,11 �12c N63 PERMANENT WATER MAIN AND SANITARY SEWER UTILITY EASEMENT LOT 11 AUDUBON ADD. PLAT BK. 8, PG. 15 FOUND*" PIPE, 0.14' SOUTH OF NORTH PROPERTY LINE REFERENCE LINE N22° 53' 49"W 3.57' 00 0 *upo o D�2� 6 1 N23° 00' 47"W 1.13' 0 LOT 10 AUDUBON ADD. PLAT BK. 8, PG. 15 x326 0x41 oA 11a2i 1�� v 6r2 61 LOT 12 AUDUBON ADD. PLAT BK. 8, PG. 15 NOTES: NOTE: THIS SURVEY IS LOCATED IN THE SE 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: STACY GAGE AND WILLIAM PETERSON 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 - WATER MAIN & SANITARY SEWER UTILITY EASEMENT COUNTY DUBUQUE PARCEL NO. 1013401009 JOB NO. PROJECT MARQUETTE SANITARY SECTION 13 TWP 89N RANGE 2E ROW—FEE N/A EXIST. ROAD N/A PERM. EASEM'T SEE ABOVE LEGAL DESCRIPTION LOT 10 AUDUBON ADDITION, CITY OF DUBUQUE, IOWA OWNER STACY GAGE AND WILLIAM PETERSON 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. 94-19 ACCEPTING GRANTS OF EASEMENT FOR CERTAIN PUBLIC UTILITIES ASSOCIATED WITH THE MARQUETTE PLACE SANITARY SEWER & WATER MAIN RECONSTRUCTION PROJECT, IN THE CITY OF DUBUQUE, IOWA Whereas, Garry J. and Julie A. Redman, have executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 1 of Zurcher Subdivision, in the City of Dubuque, Iowa, in the City of Dubuque, Iowa; and Whereas, Kathleen C. Kruse, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 2 of Zurcher Subdivision, in the City of Dubuque, Iowa; and Whereas, Michael R. and Jill C. Pankow, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 2-2-3 and Lot 4 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Lisa B. Towers, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 5 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, James A. and Linda Link, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 6 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Rebekah J. Matthews, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 7 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Eric C. and Jennifer Johnson, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 8 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Roger C. and Constance M. Powell, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 9 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Stacy L. Gage and William L. Peterson, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 10 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Ethan J. Lembke, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 11 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Matthew J. and Spring J. Connolly, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 12 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Donna M. Evarts and Leon R. Gillenwater, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 13 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Leslie J. and John L. Sweeney, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 14 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Jandell R. and Christopher L. Gallagher, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 15 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Christopher M. Hefel, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 1 of Hefei Place, in the City of Dubuque, Iowa; and 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 Grants of Easement for Water Main and Sanitary Sewer Utility, and the Grant of Easement for Sanitary Sewer Utility, across the properties as listed above,. in the City of Dubuque, Iowa from the property owners as listed above, copies of which are 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 with each said Grant of Easement for Water Main and Sanitary Sewer Utility, in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 18th day of March 2019. Attest: Kevi S. Firnstahl, CN(C, City 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. 94-19 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 19th day of March, 2019. -Ale Kev' ' S. Firnstahl, C , City Clerk 11 V II I n 11 11 11 11 11 Doc ID• 010258760006 Type GEN Kind: EASEMENT Recorded: 03/20/2019 at 02:28:29 PM Fee Amt: $32.00 Page 1 of 6 Dubuque County Iowa John Murphy Recorder F11e2019-00002780 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 WATER MAIN AND SANITARY SEWER UTILITIES For and in consideration of the sum of Two Thousand Four Hundred Three and 00/100's Dollars ($2,403.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, JANDELL R. GALLAGHER and CHRISTOPHER L. GALLAGHER, ("Grantor"), of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, ("Grantee"), a municipal corporation, its agents and contractors, from the date hereof, rights of ways and easements through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Part of Lot 15 of Audubon Addition, 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 water main and sanitary sewer utilities 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 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 water main and sanitary sewer and 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. Grantor agrees that any future improvements placed within said easement by Grantor, and their heirs and assigns, excluding turf grass, may be removed and not replaced by the City of Dubuque in the process of maintaining, repairing or reconstructing the water main and sanitary sewer main utilities. City of Dubuque will not be responsible for the replacement, repair, or relocation of any future improvements, besides turf grass, that encroach in the proposed easement. 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 water main and sanitary sewer utilities thereon or therein. Dated at Dubuque, Iowa this 1.6 day of vQ10 wcal, 2019. By: By: amt cat «aput c Jndell R. Gallagher Christopher L. allagher 11 .# 1PA F% 1 rwvLiv STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this 2077-1 day of IE73' Wi/T, A.D., 2019 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Jandell R. Gallagher and Christopher L. Gallagher 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. RUSSELL N KIEFFER Commission Number 778626 My Commission Expires May 24, 2019 7,-viA21.1� Notary Public In and For Said State Reserved for Recorder 13th St. Dubuque,IA 52001 Ph:563-589-4270 Dubuque All -America City '1111' 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: 02-01-2019 PART OF LOT 15 AUDUBON ADDITION CITY OF DUBUQUE, IOWA C.I.P. Number I Sheet Number. 1 of 1 LEGEND • FOUND IRON ROD/PIPE 0 SET 5/8" REBAR WITH R.O.W. (100.00') 1/ YELLOW PLASTIC CAP # 18128 RIGHT OF WAY RECORD DIMENSION LINE BREAK ADJACENT PROPERTY LINE RIGHT OF WAY LINE PROPOSED EASEMENT LINE /PERMANENT WATER MAIN AND SANITARY— SEWER UTILITY EASEMENT LOT 15 AUDOBON ADD. 0° PLAT BK. 8, PG. 15 cp, cp (.5‘ V .> 'LO FOUND 1" PIPE NORTH FOUND 1" PIPE imisiommigifillaimmemmou 0 10' 20' SCALE 1" = 20' FEET 40' LOT 14 AUDOBON ADD. PLAT BK. 8, PG. 15 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 1i4142-541-20.7 Russell N. Kieffer Iowa Lic, No. 18128 Date My license renewal date is December 31, 2020 Pages or sheets covered by this seal: THIS PAGE ONLY FOUND ti" REBAR NO CAP AT NW CORNER LOT 1 3CS LOT 1 HEFEL PLACE INST. NO. 10325-91 NOTES: FOUND i" REBAR W/ CAP NO. 4016 AT NE CORNER LOT 1 FOUND' REBAR W/ CAP NO. 4016 NOTE: THIS SURVEY IS LOCATED IN THE SE 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: JANDELL AND CHRISTOPHER GALLAGHER 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 & WATER MAIN UTILITY EASEMENT COUNTY DUBUQUE PARCEL NO. 1013401014 JOB NO. PROJECT MARQUETTE SANITARY SECTION 13 TwpV RANGE 2E ROW—FEE N/A EXIST. ROAD N/A PERM. EASEM'T SEE ABOVE LEGAL DESCRIPTION LOT 15 AUDUBON ADDITION, CITY OF DUBUQUE, IOWA OWNER JANDELL AND CHRISTOPHER GALLAGER 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. 94-19 ACCEPTING GRANTS OF EASEMENT FOR CERTAIN PUBLIC UTILITIES ASSOCIATED WITH THE MARQUETTE PLACE SANITARY SEWER & WATER MAIN RECONSTRUCTION PROJECT, IN THE CITY OF DUBUQUE, IOWA Whereas, Garry J. and Julie A. Redman, have executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 1 of Zurcher Subdivision, in the City of Dubuque, Iowa, in the City of Dubuque, Iowa; and Whereas, Kathleen C. Kruse, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 2 of Zurcher Subdivision, in the City of Dubuque, Iowa; and Whereas, Michael R. and Jill C. Pankow, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 2-2-3 and Lot 4 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Lisa B. Towers, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 5 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, James A. and Linda Link, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 6 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Rebekah J. Matthews, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 7. of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Eric C. and Jennifer Johnson, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 8 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Roger C. and Constance M. Powell, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 9 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Stacy L. Gage and William L. Peterson, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 10 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Ethan J. Lembke, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 11 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Matthew J. and Spring J. Connolly, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 12 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Donna M. Evarts and Leon R. Gillenwater, have executed a Grant of Easement for Water Pvlain and Sanitary Sewer Utility across Pari of Lot 13 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Leslie J. and John L. Sweeney, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 14 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Jandell R. and Christopher L. Gallagher, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 15 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Christopher M. Hefei, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 1 of Hefei Place, in the City of Dubuque, Iowa; and 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 Grants of Easement for Water Main and Sanitary Sewer Utility, and the Grant of Easement for Sanitary Sewer Utility, across the properties as listed above,. in the City of Dubuque, Iowa from the property owners as listed above, copies of which are 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 with each said Grant of Easement for Water Main and Sanitary Sewer Utility, in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 18th day of March 2019/if Attest: Kevi S. Firnstahl, CMC, 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. 94-19 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 19th day of March, 2019. ".00" "4 jr '• K Firnstahl, CMC, City Clerk 11 11 11 11 11 11 11 11 11 11 Doc ID 010258770006 Type GEN Kind: EASEMENT Recorded: 03/20/2019 at 02:29:04 PM Fee Amt: $32.00 Page 1 of 6 Dubuque County Iowa John Murphy Recorder Fi1e2019-00002 00002781 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 WATER MAIN AND SANITARY SEWER UTILITIES For and in consideration of the sum of Eleven Thousand Two Hundred One and 00/100's Dollars ($11,201.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, CHRISTOPHER M. HEFEL, ("Grantor"), of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, ("Grantee"), a municipal corporation, its agents and contractors, from the date hereof, rights of ways and easements through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Part of Lot 1 of Hefei 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 water main and sanitary sewer utilities 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 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 water main and sanitary sewer and 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. Grantor agrees that any future improvements placed within said easement by Grantor, and their heirs and assigns, excluding turf grass, may be removed and not replaced by the City of Dubuque in the process of maintaining, repairing or reconstructing the water main and sanitary sewer main utilities. City of Dubuque will not be responsible for the replacement, repair, or relocation of any future improvements, besides turf grass, that encroach in the proposed easement. 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 water main and sanitary sewer utilities thereon or therein. Dated at Dubuque, Iowa this 1/ day of e, , 2019. By: .Ato Christo her M. H'efel NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this Aa 71i day of / 8iKW4,25!A.D., 2019 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Christopher M. Hefel 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. RUSSELL N KIEFFER Commission Number 778626 My Commission Expires May 24, 2019 Notary Public In and For Said State Reserved for Recorder A 52001 Ph:563-589-4270 repared By: Nate Kieffer 5 Dubuque All -America City 111111 • 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 I Approved By: RNK Date: 02-01-2019 PART OF LOT 1 HEFEL PLACE CITY OF DUBUQUE, IOWA C.I.P. Number: Sheet Number. 1 0 LEGEND • FOUND IRON ROD/PIPE 0 R.O.W. (100.00') LOT 15 AUDOBON ADD. PLAT BK. 8, PG. 15 QG AN C� a 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 FOUND" REBAR NO CAP AT NW CORNER LOT 1 NORTH 0 10' 20' SCALE 1" = 20' FEET oe 30 NO Nyg. '65 PERMANENT WATER MAIN AND SANITARY SEWER UTILITY EASEMENT tr o° 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 1 am a duly licensed Land Surveyor under the laws of the State of Iowa. For the City of Dubuque '744471-/ c---) Oz-Olt-lo/9 Russell N. Kieffer Iowa Lib. No. 18128 My license renewal date is December 31, 2020 Pages or sheets covered by this seal: THIS PAGE ONLY Date 40' 0 06� 3• CV N109 Ni, opm moo. cPo 60' 06 30 559 S77° 51' 11"W 44.84, 577° 51 11„W 57,8 LOT 1 HEFEL PLACE INST. NO. 10325-91 FOUND r REBAR NO CAP AT SW CORNER LOT 1 X61 5gl 0,(0 l`Na NN 06 26"G LOT 2-19 AUDOBON ADD. PLAT BK. 8, PG. 15 o 0 FOLYNDi” REI1AR W/ CAP NO. 4016 AT NE CORNER LOT 1 rA 0 S77°1 °46w O C)* N N N S77° 50' 46"W 11 •g0 FOUND" REBAR W/ CAP NO. 4016 S12° 52' 47"E 2.19' NOTES: NOTE: THIS SURVEY IS LOCATED IN THE SE 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: CHRISTOPHER M. HEFEL 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 — WATER MAIN & SANITARY SEWER UTILITY EASEMENT COUNTY DUBUQUE PARCEL NO. 1013401022 JOB NO. PROJECT MARQUETTE SANITARY SECTION 13 Twp\i RANGE 2E ROW—FEE N/A EXIST. ROAD N/A PERM. EASEM'T SEE ABOVE LEGAL DESCRIPTION LOT 1 HEFEL PLACE, CITY OF DUBUQUE, IOWA OWNER CHRISTOPHER M. HEFEL 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. 94-19 ACCEPTING GRANTS OF EASEMENT FOR CERTAIN PUBLIC UTILITIES ASSOCIATED WITH THE MARQUETTE PLACE SANITARY SEWER & WATER MAIN RECONSTRUCTION PROJECT, IN THE CITY OF DUBUQUE, IOWA Whereas, Garry J. and Julie A. Redman, have executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 1 of Zurcher Subdivision, in the City of Dubuque, Iowa, in the City of Dubuque, Iowa; and Whereas, Kathleen C. Kruse, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 2 of Zurcher Subdivision, in the City of Dubuque, Iowa; and Whereas, Michael R. and Jill C. Pankow, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 2-2-3 and Lot 4 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Lisa B. Towers, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 5 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, James A. and Linda Link, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 6 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Rebekah J. Matthews, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 7 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Eric C. and Jennifer Johnson, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 8 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Roger C. and Constance M. Powell, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 9 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Stacy L. Gage and William L. Peterson, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 10 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Ethan J. Lembke, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 11 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Matthew J. and Spring J. Connolly, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 12 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Donna M. Evarts and Leon R. Gillenwater, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 13 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Leslie J. and John L. Sweeney, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 14 of Audubon Addition, in the City of Dubuque; Iowa; and Whereas, Jandell R. and Christopher L. Gallagher, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 15 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Christopher M. Hefei, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 1 of Hefei Place, in the City of Dubuque, Iowa; and 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 Grants of Easement for Water Main and Sanitary Sewer Utility, and the Grant of Easement for Sanitary Sewer Utility, across the properties as listed above,. in the City of Dubuque, Iowa from the property owners as listed above, copies of which are 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 with each said Grant of Easement for Water Main and Sanitary Sewer Utility, in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 18th day of March 2019. Attest: Kevi S. Firnstahl, C 'C, City 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. 94-19 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 19th day of March, 2019. S. Firnstahl, MC, City Clerk V 11 11111111111 III 11 u 11 mu Doc ID 010258690006 Type GEN Kind: EASEMENT Recorded: 03/20/2019 at 02:25:17 PM Fee Amt: $32.00 Page 1 of 6 Dubuque County Iowa John Murphy Recorder File2019-00002713 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 WATER MAIN AND SANITARY SEWER UTILITIES For and in consideration of the sum of One Hundred and 00/100's Dollars ($100.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, ERIK C. AND JENNIFER JOHNSON, ("Grantor"), of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, ("Grantee"), a municipal corporation, its agents and contractors, from the date hereof, rights of ways and easements through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Part of Lot 8 of Audubon Addition, 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 water main and sanitary sewer utilities 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 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 water main and sanitary sewer and 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. Grantor agrees that any future improvements placed within said easement by Grantor, and their heirs and assigns, excluding turf grass, may be removed and not replaced by the City of Dubuque in the process of maintaining, repairing or reconstructing the water main and sanitary sewer main utilities. City of Dubuque will not be responsible for the replacement, repair, or relocation of any future improvements, besides turf grass, that encroach in the proposed easement. 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 water main and sanitary sewer utilities thereon or therein. Dated at Dubuque, Iowa this /7 day of f8 I019. By: By: NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this 1?- /f day of /E 3/lc/ 9/zVA.D., 2019 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Erik C. Johnson and Jennifer Johnson 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. RUSSELL N KIEFFER Commission NUmber 778626 My Commission Expires Ma 24, 2019.,._ <-2,1/14 -24 Notary Public In and For Said State Reserved for Recorder 00 10 (5 10 0_ .c•-• CD 0 C\I 10 0- 0 +.; (1) co a) 0 10 a) co 0_ Dubuque ketti All -America City 1 1 1 JI.' 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 ApprovedB RNK Date: 02-01-2019 PART OF LOT 8 AUDUBON ADDITION CITY OF DUBUQUE, IOWA C.I.P. Number: ISheet Number: 1 of 1 LEGEND • FOUND IRON ROD/PIPE 0 SET 5/8" REBAR WITH R.O.W. (100.00') YELLOW PLASTIC CAP # 18128 RIGHT OF WAY RECORD DIMENSION LINE BREAK ADJACENT PROPERTY LINE — RIGHT OF WAY LINE PROPOSED EASEMENT LINE NORTH 0 10' 20' SCALE 1" = 20' FEET 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 >1/ Russell N. Kieffer Iowa Lic. No. 18128 Date My license renewal date is December 31, 2020 Pages or sheets covered by this seal: THIS PAGE ONLY 40' LOT 7 AUDUBON ADD. PLAT BK. 8, PG. 15 ?"I sc:r PERMANENT WATER MAIN AND SANITARY SEWER UTILITY EASEMENT 4 sbN° FOUND" REBAR AT NW CORNER LOT 8 6) 0 o.. cr) r) 0)0 S23° 00' 47"E 6.75' N68° 05' 06"E 3.00' LOT 8 AUDUBON ADD. PLAT BK. 8, PG. 15 o Nen L 1' 04) '2;32 `25Ss- b‘5° NOTES: LOT 9 AUDUBON ADD. PLAT BK. 8, PG. 15 LOT 10 AUDUBON ADD. PLAT BK. 8, PG. 15 co NOTE: THIS SURVEY IS LOCATED IN THE SE 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: JENNIFER AND ERIK JOHNSON 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 - WATER MAIN & SANITARY SEWER UTILITY EASEMENT COUNTY DUBUQUE PARCEL NO. 1013401007 JOB NO. PROJECT MARQUETTE SANITARY SECTION 13 TWPRANGE 2E ROW—FEE N/A EXIST. ROAD N/A PERM. EASEM'T SEE ABOVE LEGAL DESCRIPTION LOT 8 AUDUBON ADDITION, CITY OF DUBUQUE, IOWA OWNER JENNIFER AND ERIK JOHNSON 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. 94-19 ACCEPTING GRANTS OF EASEMENT FOR CERTAIN PUBLIC UTILITIES ASSOCIATED WITH THE MARQUETTE PLACE SANITARY SEWER & WATER MAIN RECONSTRUCTION PROJECT, IN THE CITY OF DUBUQUE, IOWA Whereas, Garry J. and Julie A. Redman, have executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 1 of Zurcher Subdivision, in the City of Dubuque, Iowa, in the City of Dubuque, Iowa; and Whereas, Kathleen C. Kruse, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 2 of Zurcher Subdivision, in the City of Dubuque, Iowa; and Whereas, Michael R. and Jill C. Pankow, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 2-2-3 and Lot 4 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Lisa B. Towers, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 5 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, James A. and Linda Link, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 6 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Rebekah J. Matthews, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 7 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Eric C. and Jennifer Johnson, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 8 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Roger C. and Constance M. Powell, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 9 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Stacy L. Gage and William L. Peterson, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 10 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Ethan J. Lembke, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 11 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Matthew J. and Spring J. Connolly, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 12 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Donna M. Evarts and Leon R. Gillenwater, have executed a Grant of i Water Sanitary C� Utility 1 ..L of Lot A �] .1 L Easement for Water Main and Sewer Utility across Pail i3 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Leslie J. and John L. Sweeney, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 14 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Jandell R. and Christopher L. Gallagher, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 15 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Christopher M. Hefei, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 1 of Hefei Place, in the City of Dubuque, Iowa; and 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 Grants of Easement for Water Main and Sanitary Sewer Utility, and the Grant of Easement for Sanitary Sewer Utility, across the properties as listed above,. in the City of Dubuque, Iowa from the property owners as listed above, copies of which are 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 with each said Grant of Easement for Water Main and Sanitary Sewer Utility, in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 18th day of March 2019. Attest: Kevi S. Firnstahl, C C, City Clerk Zfj Roy D. Buol, Mayor STATE OF IOWA CERTIFICATE of the CITY CLERK ) SS: COUNTY OF DUBUQUE ) 1, 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. 94-19 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 19th day of March, 2019. Kevin Firnstahl, GUMC, City Clerk 11 I 11 11 11 11 11 11 Doc ID 010258640006 Type GEN Kind: EASEMENT Recorded: 03/20/2019 at 02:19:03 PM Fee Amt: $32.00 Page 1 of 6 Dubuque County Iowa John Murphy Recorder Fite2019_00002168 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 WATER MAIN AND SANITARY SEWER UTILITIES For and in consideration of the sum of Three Thousand Seven Hundred and 00/100's Dollars ($3,700.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, KATHLEEN C. KRUSE, ("Grantor"), of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, ("Grantee"), a municipal corporation, its agents and contractors, from the date hereof, rights of ways and easements through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Part of Lot 2 of Zurcher Subdivision, 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 water main and sanitary sewer utilities 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 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 water main and sanitary sewer and 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 a3,0c) excavation that will diminish the lateral support or integrity of said improvements without obtaining the prior written consent of the City Engineer. Grantor agrees that any future improvements placed within said easement by Grantor, and their heirs and assigns, excluding turf grass, may be removed and not replaced by the City of Dubuque in the process of maintaining, repairing or reconstructing the water main and sanitary sewer main utilities. City of Dubuque will not be responsible for the replacement, repair, or relocation of any future improvements, besides turf grass, that encroach in the proposed easement. 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 water main and sanitary sewer utilities thereon or therein. Dated at Dubuque, Iowa this 'iday of `.e_„ , 2019. By: &a- e -- Kathleen C. Kruse NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: .�+ On this day of F 51zki4► (A D 2019 before me the undersigned, a Notary Public in and for said County, in said State, personally appeared Kathleen C. Kruse 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. RUSSELL N KIEFFER '" Commission Number 778626 My Commission Expires May 24, 2019 Notary Public In and For Said State Reserved for Recorder Dubuque bfrd All -America City ' 0 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: 02-01-2019 PART OF LOT 2 ZURCHER SUBDIVISION CITY OF DUBUQUE, IOWA C.I.P. Number: I Sheet Number. 1 of 1 NORTH 0 10' 20' SCALE 1" = 20' FEET NOTES: 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2. PROPRIETOR OF ABOVE DESCRIBED LOT: KATHLEEN KRUSE 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. 40' 9 66l 130 66 11g LOT 1 ZURCHER SUB. 6.0 INST. NO. 16275-98 e N6 FOUND 1/2" REBAR LEGEND • FOUND IRON ROD/PIPE 0 R.O.W. (100.00') SET 5/8" REBAR WITH YELLOW PLASTIC CAP # 18128 CHORD N40° 46' 18"W 10.31' ARC L=10.32' R=100.00' RIGHT OF WAY RECORD DIMENSION LINE BREAK ADJACENT PROPERTY LINE — RIGHT OF WAY LINE PROPOSED EASEMENT LINE g$39 a3 5bss- PERMANENT �6'` WATER MAIN AND SANITARY SEWER UTILITY EASEMENT LOT 2 ZURCHER SUB. INST. NO. 16275-98 PERMANENT WATER MAIN X59 UTILITY EASEMENT �1 N63 22 21 n221 FOUND CUT---' ' "X" IN CONCRETE ,ro S21° 46' 49"E 10.04' g63 LOT 2-2-3 AUDUBON ADD. / PLAT BK. 34, _z PG. 149 / 7 / crk -0 n O 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 / 22 FOUND 3" PIPE W/ 1 1/4" PIPE INSIDE AT NE CORNER LOT 1-1-3 AUDUBON ADD. 222,x" // N6� / 22 21 � N63 10$66 / LOT 4 AUDUBON ADD. PLAT BK. 8, PG. 15 '14/114-)e- 02 -O -2019 Russell N. Kieffer Iowa Lic. No. 18128 Date My license renewal date is December 31, 2020 Pages or sheets covered by this seal: THIS PAGE ONLY LOT 5 AUDUBON ADD. PLAT BK. 8, PG. 15 NOTE: THIS SURVEY IS LOCATED IN THE SE 1/4 SECTION 13, T89N, R2E (DUBUQUE TOWNSHIP) OF THE 5TH P.M. IN THE CITY OF DUBUQUE, DUBUQUE COUNTY IOWA FOUND 1 1/2" PIPE AT NE CORNER LOT 5 CITY OF DUBUQUE EXHIBIT A - WATER MAIN & SANITARY SEWER UTILITY EASEMENT COUNTY DUBUQUE PARCEL NO. 1013401024 JOB NO. PROJECT MARQUETTE SANITARY SECTION 13 TWP 89N RANGE 2E ROW -FEE N/A EXIST. ROAD NIA PERM. EASEM'T SEE ABOVE LEGAL DESCRIPTION LOT 2 ZURCHER SUBDIVISION, CITY OF DUBUQUE, IOWA OWNER KATHLEEN KRUSE 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. 94-19 ACCEPTING GRANTS OF EASEMENT FOR CERTAIN PUBLIC UTILITIES ASSOCIATED WITH THE MARQUETTE PLACE SANITARY SEWER & WATER MAIN RECONSTRUCTION PROJECT, IN THE CITY OF DUBUQUE, IOWA Whereas, Garry J. and Julie A. Redman, have executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 1 of Zurcher Subdivision, in the City of Dubuque, Iowa, in the City of Dubuque, Iowa; and Whereas, Kathleen C. Kruse, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 2 of Zurcher Subdivision, in the City of Dubuque, Iowa; and Whereas, Michael R. and Jill C. Pankow, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 2-2-3 and Lot 4 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Lisa B. Towers, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 5 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, James A. and Linda Link, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 6 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Rebekah J. Matthews, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 7 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Eric C. and Jennifer Johnson, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 8 of Audubon Addition, in the City of Dubuque, Inv,/a; and Whereas, Roger C. and Constance M. Powell, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 9 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Stacy L. Gage and William L. Peterson, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 10 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Ethan J. Lembke, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 11 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Matthew J. and Spring J. Connolly, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 12 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Donna M. Evarts and Leon R. Gillenwater, have executed a Grant of Easement for water i'viain and Sanitary Sewer Utility across Part of Lot 13 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Leslie J. and John L. Sweeney, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 14 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Jandell R. and Christopher L. Gallagher, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 15 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Christopher M. Hefei, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 1 of Hefei Place, in the City of Dubuque, Iowa; and 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 Grants of Easement for Water Main and Sanitary Sewer Utility, and the Grant of Easement for Sanitary Sewer Utility, across the properties as listed above, in the City of Dubuque, Iowa from the property owners as listed above, copies of which are 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 with each said Grant of Easement for Water Main and Sanitary Sewer Utility, in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 18th day of March 2019. ,/ 1 Roy D. Buol, Mayor Attest: Kevi S. Firnstahl, CMC, City Clerk 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. 94-19 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 19th day of March, 2019. Kevi S. Firnstahl, CM City Clerk Matitlignittin ili ilii ilii Doc ID: 010258720006 Type. Kind: EASEMENT Recorded: $32.00/2019 Page 1tof2626:46 PM Dubuque County Iowa John Murphy Recorder Fi1e2019-00002776 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 WATER MAIN AND SANITARY SEWER UTILITIES For and in consideration of the sum of Three Hundred Fifty and 00/100's Dollars ($350.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, ETHAN J. LEMBKE, ("Grantor"), of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, ("Grantee"), a municipal corporation, its agents and contractors, from the date hereof, rights of ways and easements through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Part of Lot 11 of Audubon Addition, 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 water main and sanitary sewer i ttilitias and ether 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 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 water main and sanitary sewer and 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 3© excavation that will diminish the lateral support or integrity of said improvements without obtaining the prior written consent of the City Engineer. Grantor agrees that any future improvements placed within said easement by Grantor, and their heirs and assigns, excluding turf grass, may be removed and not replaced by the City of Dubuque in the process of maintaining, repairing or reconstructing the water main and sanitary sewer main utilities. City of Dubuque will not be responsible for the replacement, repair, or relocation of any future improvements, besides turf grass, that encroach in the proposed easement. 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 water main and sanitary sewer utilities thereon or therein. Dated at Dubuque, Iowa this ? T/'/ day of M/1gC // , 2019. By: NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this 4 'T/1 day of M,11Z.CV , A.D., 2019 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ethan J. Lembke 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. 1/1.I Notary Public In and For Said State RUSSELL N KIEFFER Commission Number 778626 My Commission Expires pow May 24, 2019 Reserved for Recorder h St. Dubuque,IA 52001 Ph:563-589-4270 10 epared By: Nate Kieffe Dubuque brikd All -America City '1111' 2007 CITY OF DUBUQU 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: 02-01-2019 PART OF LOT 11 AUDUBON ADDITION CITY OF DUBUQUE, IOWA C.I.P. Number: ISheet Number: 1 of LEGEND • FOUND IRON ROD/PIPE 0 R.O.W. (100.00') 1/ /1/ 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 x-) 0. NORTH 0 10 20' SCALE 1" = 20' FEET LOT 10 AUDUBON ADD. PLAT BK. 8, PG. 15 40' \-\ L N65. Ncs S23° 00' 47"E 5.02' 20, \NIDE N23° 00' 47"W 1.13' PERMANENT WATER MAIN AND SANITARY SEWER UTILITY EASEMENT N22° 53' 49"W LOT 11 3.57' AUDUBON ADD. PLAT BK. 8, PG. 15 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 az-of-208 Russell N. Kieffer Iowa Lic. No. 18128 Date My license renewal date is December 31, 2020 Pages or sheets covered by this seal: THIS PAGE ONLY FOUND*" PIPE, 0.14' SOUTH OF NORTH PROPERTY LINE 6 4N° LOT 12 AUDUBON ADD. PLAT BK. 8, PG. 15 Nci 1\6' \q3AN° NOTES: O. co 0 NOTE: THIS SURVEY IS LOCATED IN THE SE 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: ETHAN LEMBKE 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 - WATER MAIN & SANITARY SEWER UTILITY EASEMENT COUNTY DUBUQUE PARCEL NO. 1013401010 JOB NO PROJECT MARQUETTE SANITARY SECTION 13 TWp891/RANGE 2E ROW—FEE N/A EXIST. ROAD N/A PERM. EASEM'T SEE ABOVE LEGAL DESCRIPTION LOT 11 AUDUBON ADDITION, CITY OF DUBUQUE, IOWA OWNER ETHAN LEMBKE 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. 94-19 ACCEPTING GRANTS OF EASEMENT FOR CERTAIN PUBLIC UTILITIES ASSOCIATED WITH THE MARQUETTE PLACE SANITARY SEWER & WATER MAIN RECONSTRUCTION PROJECT, IN THE CITY OF DUBUQUE, IOWA Whereas, Garry J. and Julie A. Redman, have executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 1 of Zurcher Subdivision, in the City of Dubuque, Iowa, in the City of Dubuque, Iowa; and Whereas, Kathleen C. Kruse, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 2 of Zurcher Subdivision, in the City of Dubuque, Iowa; and Whereas, Michael R. and Jill C. Pankow, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 2-2-3 and Lot 4 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Lisa B. Towers, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 5 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, James A. and Linda Link, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 6 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Rebekah J. Matthews, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 7 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Eric C. and Jennifer Johnson, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 8 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Roger C. and Constance M. Powell, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 9 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Stacy L. Gage and William L. Peterson, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 10 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Ethan J. Lembke, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 11 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Matthew J. and Spring J. Connolly, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 12 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Donna M. Evarts and Leon R. Gillenwater, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 13 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Leslie J. and John L. Sweeney, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 14 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Jandell R. and Christopher L. Gallagher, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 15 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Christopher M. Hefei, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 1 of Hefei Place, in the City of Dubuque, Iowa; and 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 Grants of Easement for Water Main and Sanitary Sewer Utility, and the Grant of Easement for Sanitary Sewer Utility, across the properties as listed above,. in the City of Dubuque, Iowa from the property owners as listed above, copies of which are 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 with each said Grant of Easement for Water Main and Sanitary Sewer Utility, in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 18th day of March 2019. Attest: Kevi S. Firnstahl, CMC, City Clerk Roy D. Buol, Mayor CERTIFICATE of tie 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. 94-19 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 19th day of March, 2019. Kevin(S. Firnstahl, CM , City Clerk of 11 1101 11 II 11 11 11 11 Doc ID 010258670006 Type GEN Kind: EASEMENT Recorded: 03/20/2019 at 02:24:04 PM Fee Amt: $32.00 Page 1 of 6 Dubuque County Iowa John Murphy Recorder F11e2019-00002771 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 WATER MAIN AND SANITARY SEWER UTILITIES For and in consideration of the sum of Nine Hundred and 00/100's Dollars ($900.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, JAMES A. LINK AND LINDA LINK, ("Grantor"), of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, ("Grantee"), a municipal corporation, its agents and contractors, from the date hereof, rights of ways and easements through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Part of Lot 6 of Audubon Addition, 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 water main and sanitary sewer utilities 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 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 water main and sanitary sewer and 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 0.4 3D -F)=' excavation that will diminish the lateral support or integrity of said improvements without obtaining the prior written consent of the City Engineer. Grantor agrees that any future improvements placed within said easement by Grantor, and their heirs and assigns, excluding turf grass, may be removed and not replaced by the City of Dubuque in the process of maintaining, repairing or reconstructing the water main and sanitary sewer main utilities. City of Dubuque will not be responsible for the replacement, repair,, or relocation of any future improvements, besides turf grass, that encroach in the proposed easement. 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 water main and sanitary sewer utilities thereon or therein. Dated at Dubuque, Iowa this /4TH day of/42,--77q Li >', 2019. By: , ames A. Link NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this /4-rif day of F? artf 1°`A.D., 2019 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared James A. Link and Linda Link 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 an deed. RUSSELL N KIEFFER M°Mys��uo Number Expires Ma 24, 2019..___ Notary Public In and For Said State Reserved for Recorder c\I ‘51" co LCD L() 0 c\I 1r) ai` cT 1:1 0 #1, et75 4a5 a) o LC) a) co ces Dubuque kard 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 NORTH Drawn By: RNK Approved By: RNK Date: 02-01-2019 PART OF LOT 6 AUDUBON ADDITION CITY OF DUBUQUE, IOWA 0 10' 20' SCALE 1" = 20FEET C.I,P. Number: I Sheet Number. 1 of 1 LEGEND • FOUND IRON ROD/PIPE 0 R.O.W. (100.00') 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 "co 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 p44 OZ -01[10/7 Russell N. Kieffer Iowa Lic. No. 18128 Date My license renewal date is December 31, 2020 Pages or sheets covered by this seal: THIS PAGE ONLY 3 •v- 40' LOT 4 AUDUBON ADD. PLAT BK. 8, PG. 15 LOT 5 AUDUBON ADD. PLAT BK. 8, PG. 15 PERMANENT WATER MAIN AND SANITARY SEWER UTILITY EASEMENT FOUND 5/8" REBAR AT NI)/ CORNER LOT 8 FOUND 1 1/2" PIPE AT NE CORNER LOT 5 FOUND 1" PIPE AT NE CORNER LOT 6 00) PERMANENT WATER MAIN UTILITY EASEMENT S19° 43' 40"E 9.92' 0. ioo-rs) 0 N21° 46' 49"W 5.77' s130 LOT 6 AUDUBON ADD. PLAT BK. 8, PG. 15 S68° 13' 11"W 3.00' S21046' 49"E 4.57' N23° 00' 47'W 0.47' ' 11 Nbr'' ON' LOT 7 AUDUBON ADD. PLAT BK. 8, PG. 15 NOTES: NOTE: THIS SURVEY IS LOCATED IN THE SE 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: LINDA AND JAMES LINK 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 - WATER MAIN & SANITARY SEWER UTILITY EASEMENT COUNTY DUBUQUE PARCEL NO. 1013401005 JOB NO. PROJECT MARQUETTE SANITARY SECTION 13 TWRELL_RANGE 2E ROW—FEE N/A EXIST. ROAD N/A PERM. EASEM'T SEE ABOVE LEGAL DESCRIPTION LOT 6 AUDUBON ADDITION, CITY OF DUBUQUE, IOWA OWNER LINDA AND JAMES LINK 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. 94-19 ACCEPTING GRANTS OF EASEMENT FOR CERTAIN PUBLIC UTILITIES ASSOCIATED WITH THE MARQUETTE PLACE SANITARY SEWER & WATER MAIN RECONSTRUCTION PROJECT, IN THE CITY OF DUBUQUE, IOWA Whereas, Garry J. and Julie A. Redman, have executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 1 of Zurcher Subdivision, in the City of Dubuque, Iowa, in the City of Dubuque, Iowa; and Whereas, Kathleen C. Kruse, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 2 of Zurcher Subdivision, in the City of Dubuque, Iowa; and Whereas, Michael R. and JiII C. Pankow, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 2-2-3 and Lot 4 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Lisa B. Towers, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 5 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, James A. and Linda Link, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 6 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Rebekah J. Matthews, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 7 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Eric C. and Jennifer Johnson, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 8 of Audubon Addition, in the City of vubuq o Ir/� ,.; and l.t�G, IVVVQ, Whereas, Roger C. and Constance M. Powell, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 9 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Stacy L. Gage and William L. Peterson, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 10 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Ethan J. Lembke, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 11 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Matthew J. and Spring J. Connolly, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 12 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Donna M. Evarts and Leon R. Gillenwater, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 13 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Leslie J. and John L. Sweeney, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 14 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Jandell R. and Christopher L. Gallagher, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 15 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Christopher M. Hefel, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 1 of Hefei Place, in the City of Dubuque, Iowa; and 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 Grants of Easement for Water Main and Sanitary Sewer Utility, and the Grant of Easement for Sanitary Sewer Utility, across the properties as listed above,. in the City of Dubuque, Iowa from the property owners as listed above, copies of which are 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 with each said Grant of Easement for Water Main and Sanitary Sewer utinty, in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 18th day of March 2019. Attest: Kevi , S. Firnstahl, C C, City Clerk CLI 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. 94-19 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 19th day of March, 2019. Kevin Firns ahl, C ity Clerk 11 11 11 11 11 11 11 11 11 Doc ID: 010258680006 Type GEN Kind: EASEMENT Recorded: 03/20/2019 at 02:24:45 PM Fee Amt: $32.00 Page 1 of 6 Dubuque County Iowa John Murphy Recorder Fi1e2019-0000271 2 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270 Return to: NateXieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270 GRANT OF EASEMENT FOR WATER MAIN AND SANITARY SEWER UTILITIES For and in consideration of the sum of One Thousand Four Hundred and 00/100's Dollars ($1,400.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, REBEKAH J. MATTHEWS, ("Grantor"), of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, ("Grantee"), a municipal corporation, its agents and contractors, from the date hereof, rights of ways and easements through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Part of Lot 7 of Audubon Addition, 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 water main and sanitary sewer utilities 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 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 water main and sanitary sewer and 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. Grantor agrees that any future improvements placed within said easement by Grantor, and their heirs and assigns, excluding turf grass, may be removed and not replaced by the City of Dubuque in the process of maintaining, repairing or reconstructing the water main and sanitary sewer main utilities. City of Dubuque will not be responsible for the replacement, repair, or relocation of any future improvements, besides turf grass, that encroach in the proposed easement. 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 water main and sanitary sewer utilities thereon or therein. Dated at Dubuque, Iowa this Re?ekah J. Matthews NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this 621, day of bcs� , A.D., 2019 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Rebekah J. IVIattheVVs 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 ac and • e; d. OWP L iNDSAY A. ikthoG1NNIS Commission Nu ber 780314 My Comm Exp9 10 Zv/ ary Pu • is `n and For Said State Reserved for Recorder Prepared By: Nate Kieffer 50 West 13th St. Dubuque,IA 52001 Ph:563-589-4270 Dubuque ketti AU -America City 1 1 1 1.' 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: 02-01-2019 PART OF LOT 7 AUDUBON ADDITION CITY OF DUBUQUE, IOWA C.I.P. Number. ISheet Number. 1 of 1 LEGEND • FOUND IRON ROD/PIPE O 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 R.O.W. (100.00') °(..0 0 NORTH 0 10' 20' SCALE 1" = 20' FEET 1 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 02-041.20/f Russell N. Kieffer Iowa Lic. No. 18128 Date My license renewal date is December 31, 2020 Pages or sheets covered by this seal: THIS PAGE ONLY 40' PERMANENT WATER MAIN AND SANITARY SEWER UTILITY EASEMENT 25� ° FOUND t REBAR AT NW CORNER LOT 8 N65 FOUND 1" PIPE AT NE CORNER LOT 6 LOT 6 AUDUBON ADD. PLAT BK. 8, PG. 15 ° S21° 46' 49"E 0.18' LOT 7 AUDUBON ADD. PLAT BK. 8, PG. 15 0,20 s6„ 4* 25 \6 LOT 8 AUDUBON ADD. PLAT BK. 8, PG. 15 0 l,�gi4i1 6' o, NOTE: THIS SURVEY IS LOCATED IN THE SE 1/4 SECTION 13, T89N, R2E (DUBUQUE TOWNSHIP) OF THE 5TH P.M. IN THE CITY OF DUBUQUE, DUBUQUE COUNTY IOWA NOTES: 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2. PROPRIETOR OF ABOVE DESCRIBED LOT: REBEKAH MATTHEWS 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 - WATER MAIN & SANITARY SEWER UTILITY EASEMENT COUNTY DUBUQUE PARCEL NO. 1013401006 JOB NO. PROJECT MARQUETTE SANITARY SECTION 13 TWP 89N RANGE 2E ROW -FEE N/A EXIST. ROAD N/A PERM. EASEM'T SEE ABOVE LEGAL DESCRIPTION LOT 7 AUDUBON ADDITION, CITY OF DUBUQUE, IOWA OWNER REBEKAH MATTHEWS 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. 94-19 ACCEPTING GRANTS OF EASEMENT FOR CERTAIN PUBLIC UTILITIES ASSOCIATED WITH THE MARQUETTE PLACE SANITARY SEWER & WATER MAIN RECONSTRUCTION PROJECT, IN THE CITY OF DUBUQUE, IOWA Whereas, Garry J. and Julie A. Redman, have executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 1 of Zurcher Subdivision, in the City of Dubuque, Iowa, in the City of Dubuque, Iowa; and Whereas, Kathleen C. Kruse, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 2 of Zurcher Subdivision, in the City of Dubuque, Iowa; and Whereas, Michael R. and Jill C. Pankow, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 2-2-3 and Lot 4 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Lisa B. Towers, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 5 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, James A. and Linda Link, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 6 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Rebekah J. Matthews, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 7 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Eric C. and Jennifer Johnson, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 8 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Roger C. and Constance M. Powell, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 9 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Stacy L. Gage and William L. Peterson, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 10 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Ethan J. Lembke, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 11 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Matthew J. and Spring J. Connolly, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 12 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Donna M. Evarts and Leon R. Gillenwater, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Pali of Lot 13 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Leslie J. and John L. Sweeney, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 14 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Jandell R. and Christopher L. Gallagher, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 15 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Christopher M. Hefel, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 1 of Hefel Place, in the City of Dubuque, Iowa; and 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 Grants of Easement for Water Main and Sanitary Sewer Utility, and the Grant of Easement for Sanitary Sewer Utility, across the properties as listed above,. in the City of Dubuque, Iowa from the property owners as listed above, copies of which are 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 with each said Grant of Easement for Water Main and Sanitary Sewer Utility, in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 18th day of March 2019. Attest: Kevi ` S. Firnstahl, C C, City Clerk Roy D. Buol, Mayor STATE OF IOWA CERTIFICATE of tfie 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. 94-19 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 19th day of March, 2019. Kevi S Firnstahl, CMC, ity Clerk 111 11 1011 11 11 11 11 11 011 11 Doc ID 010258650006 Type GEN Kind: EASEMENT Recorded: 03/20/2019 at 02:19:39 PM Fee Amt: $32.00 Page 1 of 6 Dubuque County Iowa John Murphy Recorder Fi1e2019-00002769 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 WATER MAIN AND SANITARY SEWER UTILITIES For and in consideration of the sum of Five Thousand Three Hundred and 00/100's Dollars ($5,300.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, MICHAEL R. AND JILL C. PANKOW, ("Grantor"), of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, ("Grantee"), a municipal corporation, its agents and contractors, from the date hereof, rights of ways and easements through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Part of Lot 2-2-3 and Lot 4 of Audubon Addition, 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 water main and sanitary sewer utilities 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 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 water main and sanitary sewer and 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. Grantor agrees that any future improvements placed within said easement by Grantor, and their heirs and assigns, excluding turf grass, may be removed and not replaced by the City of Dubuque in the process of maintaining, repairing or reconstructing the water main and sanitary sewer main utilities. City of Dubuque will not be responsible for the replacement, repair, or relocation of any future improvements, besides turf grass, that encroach in the proposed easement. 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 water main and sanitary sewer utilities thereon or therein. Dated at Dubuque, Iowa this 0 77/ day ofdetteM Z7 2019. NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this /7 27/ day of�L 82VI/ ' A.D., 2019 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Jill C. Pankow and Michael R. Pankow 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. isPa RUSSELL N KIEFFER Commission Number 778626 J My Commission Expires rowlow Ma 24, 2019 s* __ 4 / 7,1 / Notary Public In and For Said State Reserved for Recorder A 52001 Ph:563-589-4270 h St. Dubuque Nate Kieffer 5 as a) Dubuque katil All -America City ' 0 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: 02-01-2019 PART OF LOT 2-2-3 AND LOT 4 AUDUBON ADDITION CITY OF DUBUQUE, IOWA C.I.P. Number. Sheet Number: 1 0 NORTH 0 10' 20' SCALE 1" = 20' FEET NOTES: 40' LOT 1 ZURCHER SUB. INST. NO. 16275-98 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2. PROPRIETOR OF ABOVE DESCRIBED LOT: JILL AND MICHAEL PANKOW 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. FOUND 1/2" REBAR-----'♦" LEGEND FOUND IRON ROD/PIPE 0 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 R.O.W. (100.00') 5b� �61p,3 FOUND CUT "X" IN CONCRETE—"� CHORD N36° 16' 28"W 5.38' ARC L=5.38' RAD=100.00' N16° 57' 15"W 4.76' 1 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 Zri4/14 -h OZ -26/9 661 66 1,39 139' LOT 2 ZURCHER SUB. INST. NO. 16275-98 21 E 66 leo$ 361 N63 22 S21° 46' 49"E 10.04' 10:1 / S63 '7-2- 21� / PERMANENT/ WATER M N LOT 2-2-3 UTILITX EASEMENT AUDUBON ADD. / PLAT BK. 34, / PG. 149 / / / Russell N. Kieffer Iowa Lic. No. 18128 My license renewal date is December 31, 2020 Pages or sheets covered by this seal: THIS PAGE ONLY Date LOT 4 AUDUBON ADD. PLAT BK. 8, PG. 15 LOT 5 AUDUBON ADD. PLAT BK. 8, PG. 15 ?P°1 `21,E L2 463 <I -1 / /rz FOUND 3" PIPE W/ 1 1/4" PIPE INSIDE AT NE CORNER LOT 1,-1-3 AUDUBON ADD. NO' 6�Na / ZZ21� / 463 / / / bl o-". / /0, / ‘43'\ �� PERMANENT WATER MAIN AND SANITARY SEWER UTILITY EASEMENT NOTE: THS SURVEY IS LOCATED IN THE SE 1/4 SECTION 13, T89N, R2E (DUBUQUE TOWNSHIP) OF THE 5TH P.M. IN THE CITY OF DUBUQUE, DUBUQUE COUNTY IOWA 6b co co e-- eco FOUND 1 1/2" PIPE AT NE CORNER LOT 5 CITY OF DUBUQUE EXHIBIT A - WATER1MAIN & SANITARY SEWER UTILITY EASEMENT COUNTY DUBUQUE e PARCEL NO. 1013401003 JOB NO. PROJECT MARQUETTE SANITARY SECTION 13 TWP 89N RANGE 2E ROW -FEE N/A EXIST. ROAD N/A PERM. EASEM'T SEE ABOVE LEGAL DESCRIPTION LOT 2-2-3 AND LOT 4 AUDUBON ADDITION, CITY OF DUBUQUE, IOWA OWNER JILL AND MICHAEL PANKOW Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13`h 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. 94-19 ACCEPTING GRANTS OF EASEMENT FOR CERTAIN PUBLIC UTILITIES ASSOCIATED WITH THE MARQUETTE PLACE SANITARY SEWER & WATER MAIN RECONSTRUCTION PROJECT, IN THE CITY OF DUBUQUE, IOWA Whereas, Garry J. and Julie A. Redman, have executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 1 of Zurcher Subdivision, in the City of Dubuque, Iowa, in the City of Dubuque, Iowa; and Whereas, Kathleen C. Kruse, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 2 of Zurcher Subdivision, in the City of Dubuque, Iowa; and Whereas, Michael R. and Jill C. Pankow, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 2-2-3 and Lot 4 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Lisa B. Towers, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 5 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, James A. and Linda Link, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 6 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Rebekah J. Matthews, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 7 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Eric C. and Jennifer Johnson, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 8 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Roger C. and Constance M. Powell, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 9 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Stacy L. Gage and William L. Peterson, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 10 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Ethan J. Lembke, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 11 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Matthew J. and Spring J. Connolly, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 12 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Donna M. Everts and Leon R. Gillenwater, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 13 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Leslie J. and John L. Sweeney, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 14 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Jandell R. and Christopher L. Gallagher, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 15 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Christopher M. Hefel, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 1 of Hefel Place, in the City of Dubuque, Iowa; and 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 Grants of Easement for Water Main and Sanitary Sewer Utility, and the Grant of Easement for Sanitary Sewer Utility, across the properties as listed above,. in the City of Dubuque, Iowa from the property owners as listed above, copies of which are 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 with each said Grant of Easement for Water Main and Sanitary Sewer Utility, in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 1891 day of March 2019. Attest: Kevi S. Firnstahl, C C, City 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. 94-19 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 19th day of March, 2019. Kevin;• Firnstahl, CM City Clerk II 11 11 11 11 11 11 11 11 Doc ID: 010258700006 Type GEN Kind: EASEMENT Recorded: 03/20/2019 at 02:25:53 PM Fee Amt: $32.00 Page 1 of 6 Dubuque County Iowa John Murphy Recorder File2019-00002774 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 WATER MAIN AND SANITARY SEWER UTILITIES For and in consideration of the sum of One Thousand Three Hundred and 00/100's Dollars ($1,300.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, ROGER C. AND CONSTANCE M. POWELL, ("Grantor"), of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, ("Grantee"), a municipal corporation, its agents and contractors, from the date hereof, rights of ways and easements through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Part of Lot 9 of Audubon Addition, 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 water main and sanitary sewer t etilities 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 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 water main and sanitary sewer and 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 acv c„ excavation that will diminish the lateral support or integrity of said improvements without obtaining the prior written consent of the City Engineer. Grantor agrees that any future improvements placed within .said easement by Grantor, and their heirs and assigns, excluding turf grass, may be removed and not replaced by the City of Dubuque in the process of maintaining, repairing or reconstructing the water main and sanitary sewer main utilities. City of Dubuque will not be responsible for the replacement, repair, or relocation of any future improvements, besides turf grass, that encroach in the proposed easement. 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 water main and sanitary sewer utilities thereon or therein. Dated at Dubuque, Iowa this 46 day of v0 at -Oa?! , 2019. By: By: Rog .A C. Powell ee Constance M. Powell (VOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this 8 7-14 day of ?204,Y A.D., 2019 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Roger C. Powell and Constance M. Powell 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. 0 ab RUSSELL N KIEFFER Commission Number 778626 My Commission Expires Ma 24, 2019 Notary Public In and For Said State Reserved for Recorder Prepared By: Nate Kieffer 50 West 13th St. Dubuque,IA 52001 Ph:563-589-4270 Dubuque bfrd All -America City 1 1 0 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 8y: RNK Approved By: RNK Date: 02-01-2019 PART OF LOT 9 AUDUBON ADDITION CITY OF DUBUQUE, IOWA C.I.P. Number: I Sheet Number. 1 of 1 LEGEND FOUND IRON ROD/PIPE 0 SET 5/8" REBAR WITH R.O.W. (100.00') YELLOW PLASTIC CAP # 18128 RIGHT OF WAY RECORD DIMENSION LINE BREAK ADJACENT PROPERTY LINE ___— RIGHT OF WAY LINE PROPOSED EASEMENT LINE NORTH 0 10' 20' SCALE 1" = 20' FEET 40' LOT 8 0a l AUDUBON ADD. ,a236 oa'� PLAT BK. 8, PG. 15 6�o,�'o�'`` °Zoo2 FOUND B" REBAR AT NW CORNER LOT 8 d r 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' (* -/c> 01-0 f-- 20/ 9 Russell N. Kieffer Iowa LIc. No. 18128 Date My license renewal date is December 31, 2020 Pages or sheets covered by this seal: THIS PAGE ONLY PERMANENT WATER MAIN AND SANITARY SEWER UTILITY EASEMENT Zo o� 1,\a91 N6N o. 0 co LOT 9 AUDUBON ADD. PLAT BK. 8, PG. 15 NOTES: LOT 10 AUDUBON ADD. PLAT BK. 8, PG. 15 o, 0 NOTE: THIS SURVEY IS LOCATED IN THE SE 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: CONSTANCE AND ROGER POWELL 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 - WATER MAIN & SANITARY SEWER UTILITY EASEMENT COUNTY DUBUQUE PARCEL NO. 1013401008 JOB NO. PROJECT MARQUETTE SANITARY SECTION 13 TWP 89N RANGE 2E ROW -FEE N/A EXIST. ROAD N/A PERM. EASEM'T SEE ABOVE LEGAL DESCRIPTION LOT 9 AUDUBON ADDITION, CITY OF DUBUQUE, IOWA OWNER CONSTANCE AND ROGER POWELL 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. 94-19 ACCEPTING GRANTS OF EASEMENT FOR CERTAIN PUBLIC UTILITIES ASSOCIATED WITH THE MARQUETTE PLACE SANITARY SEWER & WATER MAIN RECONSTRUCTION PROJECT, IN THE CITY OF DUBUQUE, IOWA Whereas, Garry J. and Julie A. Redman, have executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 1 of Zurcher Subdivision, in the City of Dubuque, Iowa, in the City of Dubuque, Iowa; and Whereas, Kathleen C. Kruse, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 2 of Zurcher Subdivision, in the City of Dubuque, Iowa; and Whereas, Michael R. and Jill C. Pankow, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 2-2-3 and Lot 4 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Lisa B. Towers, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 5 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, James A. and Linda Link, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 6 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Rebekah J. Matthews, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 7 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Eric C. and Jennifer Johnson, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 8 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Roger C. and Constance M. Powell, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 9 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Stacy L. Gage and William L. Peterson, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 10 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Ethan J. Lembke, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 11 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Matthew J. and Spring J. Connolly, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 12 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Donna M. Evarts and Leon R. Gillenwater, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 13 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Leslie J. and John L. Sweeney, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 14 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Jandell R. and Christopher L. Gallagher, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 15 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Christopher M. Hefei, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 1 of Hefei Place, in the City of Dubuque, Iowa; and 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 Grants of Easement for Water Main and Sanitary Sewer Utility, and the Grant of Easement for Sanitary Sewer Utility, across the properties as listed above,. in the City of Dubuque, Iowa from the property owners as listed above, copies of which are 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 with each said Grant of Easement for Water Main and Sanitary Sewer Utility, in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 18111 day of March 2019. Roy D. Buol, Mayor Attest: Kevir7S. Firnstahl, CN`KC, City Clerk STATE OF IOWA CERTIFICATE of tie 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. 94-19 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 19th day of March, 2019. Kevin Firnstah , CMC, City Clerk IIuI 0I 1011 II 1 110 11 II Doc ID: 010258630006 Type GEN Kind: EASEMENT Recorded: 03/20/2019 at 02:13:01 PM Fee Amt: $32.00 Page 1 of 6 Dubuque County Iowa John Murphy Recorder F11e2019-00002767 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 Three Hundred Thirty Four and 00/100's Dollars ($334.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, GARRY J. AND JULIE A. REDMAN, ("Grantor"), of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, ("Grantee"), a municipal corporation, its agents and contractors, from the date hereof, rights of ways and easements through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Part of Lot 1 of Zurcher Subdivision, 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 a sanitary sewer utility 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 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 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. 33.0c). Grantor agrees that any future improvements placed within said easement by Grantor, and their heirs and assigns, excluding turf grass, may be removed and not replaced by the City of Dubuque in the process of maintaining, repairing or reconstructing the sanitary sewer main utility. City of Dubuque will not be responsible for the replacement, repair, or relocation of any future improvements, besides turf grass, that encroach in the proposed easement. 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 utility thereon or therein. Dated at Dubuque, Iowa this I`() day of 00. , 2019. By: By: Jai° 24,uyy e A. Redman GarryJ. Redfman NOTARY PUBLIC STATE OF IOWA, rni INT) nF DUBUQUE SS: On this /0 7'"r¢ day of,-75/2/'4/zY:A.D., 2019 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Julie A. Redman and Garry J. Redman 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. RUSSELL N KIEFFER Commission Number 778626 My Commission Expires Ma 24, 2019. Notary Public In and For Said State 270 RI Dubuque katitg All -America City 1111 0 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: 02.01-2019 PART OF LOT 1 ZURCHER SUBDIVISION CITY OF DUBUQUE, IOWA C.I.P. Number: I Sheet Number. 1 of NORTH 0 10' 20' SCALE 1" = 20' FEET NOTES: 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2. PROPRIETOR OF ABOVE DESCRIBED LOT: JULIE AND GARRY REDMAN 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. 40' PERMANENT SANITARY SEWER UTILITY EASEMENT N6\ 201 NOTE: LOT 1 ZURCHER SUB. INST. NO. 16275-98 FOUND 1/2" REBAR ---� LEGEND N21° 46' 49"W 10.06' N21° 46' 49"W 10.06' FOUND 3" PIPE W/ 1 1/4" PIPE INSIDE AT NE CORNER LOT 1-1-3 AUDUBON ADD. THIS SURVEY IS LOCATED IN THE SE 1/4 SECTION 13, T89N, R2E (DUBUQUE TOWNSHIP) OF THE 5TH RM. IN THE CITY OF DUBUQUE, DUBUQUE COUNTY IOWA LOT 2 ZURCHER SUB. INST. NO. 16275-98 • FOUND IRON ROD/PIPE 0 SET 5/8" REBAR WITH YELLOW PLASTIC CAP # 18128 R.O.W. RIGHT OF WAY 100.00') RECORD DIMENSION 0 LINE BREAK ADJACENT PROPERTY LINE ® RIGHT OF WAY LINE 1-'1-(UI-UStU EASEMENT LINE FOUND CUT—�� "X" IN CONCRETE 7 m 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 t am a duly licensed Land Surveyor under the laws of the State of Iowa. For the City of Dubuque n1(3 02-06-28/7 Russell N. Kieffer Iowa Lic. No. 18128 Date My license renewal date is December 31, 2020 Pages or sheets covered by this seal: THIS PAGE ONLY LOT 2-2-3 AUDUBON ADD. PLAT BK. 34, PG. 149 -23 O FOUND 1 1/2" PIPE AT NE CORNER LOT 5 LOT 5 AUDUBON ADD. PLAT BK. 8, PG. 15 `' N6 l�6gl CITY OF DUBUQUE EXHIBIT A - SANITARY SEWER UTILITY EASEMENT COUNTY DUBUQUE PARCEL NO. 1013401023 JOB NO. PROJECT MARQUETTE SANITARY SECTION 13 TWP 89N RANGE 2E ROW—FEE N/A EXIST. ROAD N/A PERM. EASEM'T SEE ABOVE LEGAL DESCRIPTION LOT 1 ZURCHER SUBDIVISION, CITY OF DUBUQUE, IOWA OWNER JULIE AND GARRY REDMAN Q L- _/1'a-Ov!JV' INDEX LEGEND: LOCATION: ZURCHER SUBDIVISION & AUDUBON ADDITION, CITY OF DUBUQUE, IOWA REQUESTOR: CITY OF DUBUQUE PROPRIETOR: NOT APPLICABLE SURVEYOR: RUSSELL N. KIEFFER SURVEYOR COMPANY: CITY OF DUBUQUE RETURN TO: RUSSELL N. KIEFFER, CITY OF DUBUQUE 50 WEST 13TH ST., DUBUQUE, IOWA 52001 Reserved for Recorder 11 u n 11 11 11 11 11 11 Doc ID 010300040001 Type GEN Kind: MONUMENT PRESERVATION Recorded: 06/20/2019 at 01:51:16 PM Fee Amt: $7.00 Page 1 of 1 Dubuque County Iowa John Murphy Recorder F11e2019-00006348 Ja)}ai)l •N Ilessna 9Z1.86 •oN'011 eMoI O 0 enbngnp 10 A}IO 0L 4 JoJ ,9L'ti M,9 L9 N 0 0 W 3 0 0 fD m 0 0 3 Prepared By: Nate Kieffer 50 West 13th St. Dubuque,IA 52001 Ph:563-589-4270 096N 2Nl1).VM dO 1HDIb �Nll A1.2:1dd02id 1N3OVf aV 0 2 0 0 Z D 0 ° on _ r 0 O UIo 2co Oop c2 �d W NV3H8 dNII NOISNdWICI aN00H (,Qo oo L� )SVM dO 1HJRi adlON SS31Nf1 0 • z0 C mz CD (n zo O -I Z m� 0 O m 1 m G) m z 0 m0 DZ 73 (n m m m o o m J Z O� m mN A m W U N, _W--ImOO=c0�, A E. m —-IOO m D ( PI Or m, .c-Dj�00,JOmmoOZmm omo=--<HHO(miwz in 73 OANmOm=Amo m • om mM m mO D() -1�WzoXymCo _im zONm z0mp0(n A.. C m1 -AmpZ c« -1 O ‘.045; 40-0 p m O Z C Z C- -{ O O 528-1 N Cazimm DDm ZD V lmfnZ m{ SD D * m r A m 8 O m (0 0 N m m I-213wz OGS-ImDOD 77 m{ Dmmm A''OE<o w m mi%0 m mo..< O -Im mKm-1 0) r - z D O z< N O (C Z z O Z m 0 N Z N c D C m- c O nADcm n r Zm o W o�D,m`m = mc O'mm �� mI"fl m D m A NZ- �(')c m1v w m o =�70m410)70 c � D m�0'm 1ln C7 zrri§ Op�2 D m=mm1 3) °nom1 H.Z171 �m> O ›.'c'200 VOCOOc D m� moN0 m K=mm`m z OOC N'oo mp m Z= n>< D O c cp 1 m D c O m (n O m099 mD 0 Z (lci O mZO,.Dvi O (0 Z rwm0>w z p D ` m�cm' o w 1 m o m MI T, - Om F,5 m -IZ m O N z m O z >o z O= mm zO OD z O N • C 0 a ®a am®N C :iagwnN'd'I'O z 0) O 0 c co c 0 c Cm c 0 c W O z 0 0 --I O z PART OF ZURCHER SUBDIVISION AND 0) 610Z-10-ZO :aleG .3 0 z m OLZ17-685 (£95) m X GOZ '-68G (£99) n H o z^y { UI oc DZ m c� m 0 c - 1 Dm G) NN y47`-1 4A • KC M • Z -1 Li tt av V) m c-) O z W —1 -�o CO (� O 0 0 m Z C m z m m -_I O m m 0 C) O m m c© o D D r Z 1 5 m I ocOmm-0 ©- o o-in m- c I ool0z�o > W 0 z � c0 o Z m 0 v m o m • z Co o -o 0 m o -0 (71 m • H 0 rml O m 4t -<(n o i' o m- Om OC n.) zmZ 0o0 m- 0 0 cri r m 0 O m cji N"\9° 55 l5 5506 12 �$ 021 1` 2A`\ N''' 5N 0 (n-1 o { TE m z N ©m pC D CO o 0c-p�0 K - N Z �'' 0 0Z� W 0 mS co m cm o 0 z_ z N = mm z 0 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. 94-19 ACCEPTING GRANTS OF EASEMENT FOR CERTAIN PUBLIC UTILITIES ASSOCIATED WITH THE MARQUETTE PLACE SANITARY SEWER & WATER MAIN RECONSTRUCTION PROJECT, IN THE CITY OF DUBUQUE, IOWA Whereas, Garry J. and Julie A. Redman, have executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 1 of Zurcher Subdivision, in the City of Dubuque, Iowa, in the City of Dubuque, Iowa; and Whereas, Kathleen C. Kruse, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 2 of Zurcher Subdivision, in the City of Dubuque, Iowa; and Whereas, Michael R. and Jill C. Pankow, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 2-2-3 and Lot 4 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Lisa B. Towers, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 5 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, James A. and Linda Link, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 6 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Rebekah J. Matthews, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 7 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Eric C. and Jennifer Johnson, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 8 of Audubon Addition, in the City of n LJ r,. •r 1r..•,n• rl LJUIJUIfUG, IVWQ, 0111U Whereas, Roger C. and Constance M. Powell, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 9 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Stacy L. Gage and William L. Peterson, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 10 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Ethan J. Lembke, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 11 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Matthew J. and Spring J. Connolly, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 12 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Donna M. Evarts and Leon R. Gillenwater, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 13 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Leslie J. and John L. Sweeney, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 14 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Jandell R. and Christopher L. Gallagher, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 15 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Christopher M. Hefei, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 1 of Hefei Place, in the City of Dubuque, Iowa; and 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 Grants of Easement for Water Main and Sanitary Sewer Utility, and the Grant of Easement for Sanitary Sewer Utility, across the properties as listed above, in the City of Dubuque, Iowa from the property owners as listed above, copies of which are 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 with each said Grant of Easement for Water Main and Sanitary Sewer utility, in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 18th day of March 2019. Attest: Kevi S. Firnstahl, CIVIC, City Clerk 4i 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 thatthe hereto attached Resolution No. 94-19 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 19th day of March, 2019. KevFirnstahil, f, City Clerk GEN Doc ID: 010258750006 Type: Kind: EASEMENT Recorded: t Amt: $32.00 Pape of PM 628.03 Fee Dubuque County Iowa John Murphy Recorder Fi1e20i9-00002779 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 WATER MAIN AND SANITARY SEWER UTILITIES For and in consideration of the sum of Five Thousand Two Hundred Fifty and OOI100's Dollars ($5,250.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, LESLIE J. AND JOHN L. SWEENEY , ("Grantor"), of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, ("Grantee"), a municipal corporation, its agents and contractors, from the date hereof, rights of ways and easements through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Part of Lot 14 of Audubon Addition, 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 water main and sanitary sewer utilities 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 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 water main and sanitary sewer and 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. Grantor agrees that any future improvements placed within said easement by Grantor, and their heirs and assigns, excluding turf grass, may be removed and not replaced by the City of Dubuque in the process of maintaining, repairing or reconstructing the water main and sanitary sewer main utilities. City of Dubuque will not be responsible for the replacement, repair, or relocation of any future improvements, besides turf grass, that encroach in the proposed easement. 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 water main and sanitary sewer utilities thereon or therein. ( Dated at Dubuque, Iowa this C 4"" day of tbrftcte--, 2019. By: By: IS1/4\11 Leslie J. S'we ney NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this // 77i day of, -L73 21.14/)(A.D., 2019 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Leslie J. Sweeney and John L. Sweeney 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. cs RUSSELL N KIEFFER Commission Number 778626 My Commission Expires Ma 24, 2039 /OW' Notary Public In and For Said State Reserved for Recorder Prepared By: Nate Kieffer 50 West 13th St. Dubuque,IA 52001 Ph:563-589-4270 Dubuque All -America City 1 r 0 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 8y: RNK Approved By: RNK Date: 02-01-2019 PART OF LOT 14 AUDUBON ADDITION CITY OF DUBUQUE, IOWA C.I.P. Number: Sheet Number: 1 of 1 LEGEND • FOUND IRON ROD/PIPE 0 SET 5/8" REBAR WITH YELLOW PLASTIC CAP # 18128 R.O.W. (100.00') 1/ /1/ NORTH 0 10' 20' 40' SCALE 1" = 20' FEET LOT 13 AUDOBON ADD. PLAT BK. 8, PG. 15 RIGHT OF WAY RECORD DIMENSION LINE BREAD ADJACENT PROPERTY LINE RIGHT OF WAY LINE PROPOSED EASEMENT LINE •0 5$ 16 ' \66 '�°3 X60 >\ L PERMANENT WATER MAIN AND SANITARY SEWER UTILITY EASEMENT 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 (4 IC) OZ-D*-ZO, ? Russell N. Kieffer Iowa Lic. No. 18128 Date My license renewal date is December 31, 2020 Pages or sheets covered by this seal: THIS PAGE ONLY FOUND 1" PIPE FOUND 8" REBAR NO CAP AT NW CORNER LOT 1 11' \O° . D ciN N ow -23 •� X31-5 ,� X59 LOT 15 AUDOBON ADD. PLAT BK. 8, PG. 15 LOT 14 AUDOBON ADD. PLAT BK. 8, PG. 15 23 LOT 1 HEFEL PLACE INST. NO. 10325-91 NOTES: FOUND 1" PIPE FOUNDg" REBAR W/ CAP NO. 4016 AT NE CORNER LOT 1 NOTE: THS SURVEY IS LOCATED IN THE SE 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: LESLIE AND JOHN SWEENEY 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 - WATER MAIN & SANITARY SEWER UTILITY EASEMENT COUNTY DUBUQUE PARCEL NO. 1013401013 JOB NO. PROJECTMARQUETTE SANITARY SECTION 13 TWP 89N RANGE 2E ROW—FEE N/A EXIST. ROAD N/A PERM. EASEM'T SEE ABOVE LEGAL DESCRIPTION LOT 14 AUDUBON ADDITION, CITY OF DUBUQUE, IOWA OWNER LESLIE AND JOHN SWEENEY 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. 94-19 ACCEPTING GRANTS OF EASEMENT FOR CERTAIN PUBLIC UTILITIES ASSOCIATED WITH THE MARQUETTE PLACE SANITARY SEWER & WATER MAIN RECONSTRUCTION PROJECT, IN THE CITY OF DUBUQUE, IOWA Whereas, Garry J. and Julie A. Redman, have executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 1 of Zurcher Subdivision, in the City of Dubuque, Iowa, in the City of Dubuque, Iowa; and Whereas, Kathleen C. Kruse, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 2 of Zurcher Subdivision, in the City of Dubuque, Iowa; and Whereas, Michael R. and Jill C. Pankow, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 2-2-3 and Lot 4 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Lisa B. Towers, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 5 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, James A. and Linda Link, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 6 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Rebekah J. Matthews, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 7 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Eric C. and Jennifer Johnson, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 8 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Roger C. and Constance M. Powell, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 9 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Stacy L. Gage and William L. Peterson, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 10 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Ethan J. Lembke, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 11 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Matthew J. and Spring J. Connolly, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 12 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Donna M. Evarts and Leon R. Gillenwater, have executed a Grant of Easement for Water tvlain and Sanitary Sewer Utility across Part of Lot 13 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Leslie J. and John L. Sweeney, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 14 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Jandell R. and Christopher L. Gallagher, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 15 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Christopher M. Hefei, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 1 of Hefei Place, in the City of Dubuque, Iowa; and 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 Grants of Easement for Water Main and Sanitary Sewer Utility, and the Grant of Easement for Sanitary Sewer Utility, across the properties as listed above, in the City of Dubuque, Iowa from the property owners as listed above, copies of which are 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 with each said Grant of Easement for Water Main and Sanitary Sewer Utility, in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 18th day of March 2019. Attest: ;Ale ,01( Kevi S. Firnstahl, C C, City Clerk Li 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. 94-19 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 19th day of March, 2019. Kevin,S. Firnstah-, " MC, City Clerk 11 VIII 11 1101 11 11 11 11 11 11 11 Doc ID: 010258660006 Type GEN Kind: EASEMENT Recorded: 03/20/2019 at 02:23:46 PM Fee Amt: $32.00 Page 1 of 6 Dubuque County Iowa John Murphy Recorder Fi1e2019-000027 ( 0 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 WATER MAIN AND SANITARY SEWER UTILITIES For and in consideration of the sum of One Thousand Eight Hundred Fifty and 00/100's Dollars ($1,850.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, LISA B. TOWERS, ("Grantor"), of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, ("Grantee"), a municipal corporation, its agents and contractors, from the date hereof, rights of ways and easements through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Part of Lot 5 of Audubon Addition, 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 water main and sanitary sewer utilities 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 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 water main and sanitary sewer and 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. Grantor agrees that any future improvements placed within said easement by Grantor, and their heirs and assigns, excluding turf grass, may be removed and not replaced by the City of Dubuque in the process of maintaining, repairing or reconstructing the water main and sanitary sewer main utilities. City of Dubuque will not be responsible for the replacement, repair, or relocation of any future improvements, besides turf grass, that encroach in the proposed easement. 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 water main and sanitary sewer utilities thereon or therein. Dated at Dubuque, Iowa this day of r6'ir&Gf* 2019. By: NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this day ofN , A.D., 2019 before me, the undersigned, a Notary Public in and for said Count , in said State, personally appeared Lisa B. Towers 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. MARLENE GLADYS DECKER Commission Number 741267 My Comm. Exp, JULY 23, 2021 'Ma/teent." Notary Public In and For S: id State Reserved for Recorder Prepared By: Nate Kieffer 50 West 13th St. Dubuque,IA 52001 Ph:563-589-4270 Dubuque * * * * * All -America City t 11' 2007 CITY OF DUB UQU F-. 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: 02-01-2019 PART OF LOT 5 AUDUBON ADDITION CITY OF DUBUQUE, IOWA C.I.P. Number: ISheet Number. 1 of 1 LEGEND • FOUND IRON ROD/PIPE Q R.O.W. (100.00') 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 NORTH 0 10° 20' SCALE 1" = 20' FEET LOT 4 AUDUBON ADD. PLAT BK. 8, PG. 15 40' 116 1 X61° X61, 2� �3 PERMANENT WATER MAIN AND SANITARY SEWER UTILITY EASEMENT LOT 5 AUDUBON ADD. PLAT BK. 8, PG. 15 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 17(44.44 ©Z -66-10/47 Russell N. Kieffer Iowa Lic. No. 18128 Date My license renewal date is December 31, 2020 Pages or sheets covered by this seal: THIS PAGE ONLY °0123E N66 LOT 6 AUDUBON ADD. PLAT BK. 8, PG. 15 FOUND 5/8" REBAR AT NW I\ CORNER LOT 8 4. LOT 7 AUDUBON ADD. PLAT BK. 8, PG. 15 0c? X61 FOUND 1 1/2" PIPE AT NE OORNER LOT 5 PERMANENT WATER MAIN UTILITY EASEMENT N�3° 15 40 33 �a N21° 46' 49"W 14.31' N66 200135511131 2'3 1� N66 2' 2g`E 180 o -r2;1 NOTES: � X336 59 1'6 S19° 55' 52"E N65 10.13' 2 -7 'L. 11 S1 3N vo FOUND 1" `f',' PIPE AT NE °O -r CORNER LOT 6 3 NOTE: THIS SURVEY IS LOCATED IN THE SE 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: LISA TOWERS 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 - WATER MAIN & SANITARY SEWER UTILITY EASEMENT COUNTY DUBUQUE PARCEL NO. 1013401004 JOB NO. PROJECT MARQUETTE SANITARY SECTION 13 TWP 89N RANGE 2E ROW -FEE N/A EXIST. ROAD N/A PERM. EASEM'T SEE ABOVE LEGAL DESCRIPTION LOT 5 AUDUBON ADDITION, CITY OF DUBUQUE, IOWA OWNER LISA TOWERS 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. 94-19 ACCEPTING GRANTS OF EASEMENT FOR CERTAIN PUBLIC UTILITIES ASSOCIATED WITH THE MARQUETTE PLACE SANITARY SEWER & WATER MAIN RECONSTRUCTION PROJECT, IN THE CITY OF DUBUQUE, IOWA Whereas, Garry J. and Julie A. Redman, have executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 1 of Zurcher Subdivision, in the City of Dubuque, Iowa, in the City of Dubuque, Iowa; and Whereas, Kathleen C. Kruse, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 2 of Zurcher Subdivision, in the City of Dubuque, Iowa; and Whereas, Michael R. and Jill C. Pankow, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 2-2-3 and Lot 4 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Lisa B. Towers, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 5 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, James A. and Linda Link, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 6 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Rebekah J. Matthews, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 7 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Eric C. and Jennifer Johnson, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 8 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Roger C. and Constance M. Powell, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 9 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Stacy L. Gage and William L. Peterson, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 10 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Ethan J. Lembke, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 11 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Matthew J. and Spring J. Connolly, have executed a Grant of. Easement for Water Main and Sanitary Sewer Utility across Part of Lot 12 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Donna M. Evarts and Leon R. Gillenwater, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 13 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Leslie J. and John L. Sweeney, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 14 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Jandell R. and Christopher L. Gallagher, have executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 15 of Audubon Addition, in the City of Dubuque, Iowa; and Whereas, Christopher M. Hefei, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 1 of Hefei Place, in the City of Dubuque, Iowa; and 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 Grants of Easement for Water Main and Sanitary Sewer Utility, and the Grant of Easement for Sanitary Sewer Utility, across the properties as listed above, in the City of Dubuque, Iowa from the property owners as listed above, copies of which are 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 with each said Grant of Easement for Water Main and Sanitary Sewer Utility, in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 18th day of March 2019. Attest: Kevi S. Firnstahl, C C, City Clerk Roy D. Buol, Mayor CERTIFICATE of tFie 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. 94-19 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 19th day of March, 2019. Kevir(S. Firnsta I, CM City Clerk