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Northfork Catfish Creek_Acceptance of EasementsMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of Easements - North Fork Catfish Creek DATE: February 9, 2010 City Engineer Gus Psihoyos recommends City Council acceptance of easements for sanitary sewer, storm sewer and walking trail along North Fork Catfish Creek from University Avenue to Key Way Drive. These easements have already been purchased by the City of Dubuque. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Micfiael C. Van Milligen Dubuque kittill 2007 Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer DATE: February 8, 2010 SUBJECT: Acceptance of Easements — North Fork Catfish Creek INTRODUCTION Dubuque al-America illy 11 2007 Enclosed are resolutions accepting easements for sanitary sewer, storm sewer, and walking trail along North Fork Catfish Creek from University Avenue to Key Way Drive. DISCUSSION Additional easements were necessary in order to construct improvements along the North Fork Catfish Creek Sanitary Sewer Project. The contracts for this construction have previously been approved by City Council as follows: Phase I — July 24, 2009; Phase 2 — July 16, 2009; and Phase 3 — December 18, 2009. Enclosed are recorded easements for the project. The easement from Dubuque Community Church also includes an easement for a future walking trail. Included are the following easements: Dubuque Community Church Key City Investment Co. Lot 2 of Lot 2 of Yiannias Place No. 3 in the City of Dubuque, Dubuque County, Iowa CAR - ANN -JO, LLC Owner Legal Description Lot 8 and Lot 9 of Block 21A of Key Knolls Subdivision in the City of Dubuque, Dubuque County, Iowa Lot 1 -1 -2 -2 of NE % NE' Sec. 28, and Lot 1- 1-2 W '/z NW % NW ' Sec. 27, all in T89N, R2E, 5 PM, in the City of Dubuque, Dubuque County, Iowa Marlin & Ritchie Avenarius Lot 2 of Avenarius Place in the City of Dubuque, Dubuque County, Iowa Mattroy, LLC Stephen J. and Judy L. Selchert RECOMMENDATION ACTION TO BE TAKEN cc: Ron Turner, PLS Lot 3 of Herrig's John F. Kennedy Addition in the City of Dubuque, Dubuque County, Iowa Lot 1 of Selchert Place in the City of Dubuque, Dubuque County, Iowa The above easements have already been purchased by the City and recorded in the Office of the Dubuque County Recorder and should be accepted by the City Council. I would recommend adoption of the enclosed resolutions accepting the easements. The City Council is requested to adopt the attached resolutions accepting the easements for the North Fork Catfish Creek Sewer Project. THE CITY OF DUB Masterpiece on the Mississippi DISCLAIMER: This Information was compiled using the Dubuque Area Geographic Information System (DAGIS), which includes data created by both the City of Dubuque and Dubuque County. It Is understood that, while the City of Dubuque and participating agencies utilized the most current and accurate Information available, DAGIS and Its suppliers do not warrant the accuracy or currency of the information or data contained herein. The City and participating agencies shall not be held liable for any direct, indirect, incidental, consequential, punitive, or special damages, whether foreseeable or unforeseeable, arising out of the authorized or unauthorized use of this data or the inability to use this data or out of any breach of warranty whatsoever. Vicinity Map North Fork Catfish Creek Sanitary Sewer Easements Stephen J. and Judy L. Selchert Sanitary Sewer Easement Marlin Avenarius, and Ritchie Avenarius Sanitary Sewer Easement Key City Investment Co. Sanitary Sewer Easement Car - Ann- Jo -LLC Sanitary Sewer Easement )bira I:I 1,AA NAM 't Sa,A 300 1 inch = 300 feet 150 0 300 Feet WE Dubuque tidal ' illi ► 2007 Map Prepared by: TWK City of Dubuque Engineering Division 50 West 13th Street Dubuque, Iowa 52001 Phone: (563) 589 -4270 Fax: (563) 589 -4205 Prepared bv:Ronald J. Turner, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563) 589 -4270 Return to:Ronald J. Turner, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563) 589 -4270 RESOLUTION NO. 41 - 10 A RESOLUTION ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER FOR NORTH FORK CATFISH CREEK IN THE CITY OF DUBUQUE, IOWA Whereas, CAR - ANN -JO, LLC has executed an Easement for Sanitary Sewer over and across parts of Lot 1 -1 -2 -2 of NE 1/4 NE 1 /4 Sec. 28, and Lot 1 -1 -2 W'/ NW % NW % Sec. 27, all in T89N, R2E, 5 PM, in the City of Dubuque, Dubuque County, Iowa; and Whereas, said easement was recorded as Instrument No. 2009 -22800 in the Office of the Dubuque County Recorder on December 18, 2009. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Sanitary Sewer over and across parts of Lot 1 -1 -2 -2 of NE 1 /4 NE 1 /4 Sec. 28, and Lot 1 -1 -2 W 1 /2 NW' NW % Sec. 27, all in T89N, R2E, 5th PM in the City of Dubuque, Dubuque County, Iowa, from CAR - ANN -JO, LLC, recorded as Instrument No. 2009 -22800 on December 18, 2009, in the Office of the Dubuque County Recorder. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 15th day of Februar/ 2 0 Attes .00 eanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor IrdYV111111M11111111111111N111118G Doc ID: 006633280003 Type GEN Kind EASEMENT Recorded: 12/18/2009 at 10:13:11 AM Fee Amt: $19.00 Page 1 of 3 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2009- 00022800 Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563) 589 -4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. 13`" Street, Dubuque, IA 52001 (563) 589 -4270 GRANT OF EASEMENT FOR SANITARY SEWER For and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, CAR - ANN -JO LLC 1092 SHADY OAKS DRIVE Dubuque, Iowa 52003 of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, a municipal corporation, its agents and contractors, in perpetuity, from the date hereof, a right -of -way and easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: A Part of LOT 1 -1 -2 -2 OF NE1 /4 NE1 /4 SEC 28; LOT 1 -1 -2 -W 1/2 OF NW 1/4 OF NW 1 /4, SEC. 27 T89N, R2E, 5 P.M. in the City of Dubuque, Dubuque Co., Iowa. Said easement shall be as shown on the attached EXHIBIT I, for the purpose of constructing, reconstructing, remodeling or repairing a sanitary sewer and appurtenances in accordance with the Plans and Specifications on file in the office of the City Engineer. Grantor further grants to the City of Dubuque, and its employees, agents and contractors, the right to enter said property and occupy a temporary easement during the period of construction over a strip of land not to exceed 50 feet in width on either side of the centerline of the proposed sewer on said property until the project is accepted by the City Council. It is understood and agreed that the grantee herein shall restore the disturbed area due to the installation and repair of said sanitary sewer. 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 of said improvement without obtaining the prior written consent of the City Engineer. Ig ('i h/ FYIn w i er To have and to hold unto the said City of Dubuque, Iowa, forever, and the undersigned do hereby expressly covenant that they are the owner(s) 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, remodel or repair said sanitary sewer thereon or therein. By my /our signature(s), I /we hereby acknowledge receipt of a compensation estimate of the value of the real property or interest in real property, and of any buildings or other improvements, including fences located on the real property being acquired or compensated for and of any damages or loss of access caused to remaining property, if any, in lieu of an appraisal of such property, buildings or improvements, as provided in Iowa Code Sections 6B.2B and 6B.54(2). Dated at Dubuque, Iowa this / day of JUNG , 2009. Qtory Seal) (CORP SEAL) AFFIXED NO SEAL PROCURED PARTNER(S) LIMITED _ GENERAL _ ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR -_- a OTHER PROPERTY OWNER ALL PURPOSE ACKNOWLEDGMENT STATE OF IOWA ) COUNTY OF DUBUQUE ) On this 6 day of )(Jive' , 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared (NAME /S). 7 n F/ vt n e d t 3 ' / Z. 7 - 19hsi X to me personally known, OR _ proved to me obi the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s) acted, executed the instrument. sign in ink) ` /t4 [ cz),vJ (print/type name) Notary Public in and for State of Iowa c:YP/RES -1111//o Go MMI SS! 6AI AI UM6tl2 7&'1 3407 CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER(S) (Title) SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies): Cam /1/2 L PREPARED BY: IIW ENGINEERS & SURVEYORS P.C, 4155 PENNSYLVANIA AVE, DUBUQUE, IOWA, (563) 556 -2464 EASEMENT EXHIBIT "I" PERMANENT SANITARY SEWER EASEMENT IN PART OF NEZ4. OF NEY4 OF SECTION 28 AND PART OF NWY4 OF NWY4 OF SECTION 27, ALL IN T89N, R2E OF 5TH P.M. IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA J 20' PERMANENT SANITARY SEWER EASEMENT 5,565 1 LOT 1 OF LOT 1 OF LOT 2 OF LOT 2 OF THE NE Y4 OF THE NE Y4 OF SEC. 28, T89N, R2E OF THE 5TH P.M. IN THE CITY OF DUBUQUE, IA OWNER: CAR - ANN -JO LLC EX 20' SANITARY SEWER EASEMENT / A viv _.�utlIII�II��IIIh1D... SQ FT NORTH GRAPHIC SCALE 0 50 100 1 " =50' DRAWING MAY HAVE BEEN REDUCED PROPRIETOR: CAR - ANN -JO LLC PREPARED FOR: CITY OF DUBUQUE DATE OF PREPARED: APRIL 21, 2009 LOT 1 KOPP'S JFK ADDITION N0.2 OWNER: HOSPICE OF DUBUQUE LEGEND • LOT 1 OF LOT 1 OF THE SUBDIVISION OF LOT 2 OF THE WEST ONE -HALF OF THE NW Y4 OF THE NW Y4 OF SEC. 27, T89N, R2E OF THE 5TH P.M. IN THE CITY OF DUBUQUE, IA OWNER: CAR - ANN -JO LLC 1 1 LOT 2 -1 -2 W1/2 N W1/4 N W1 /4 SEC. 27, T89N, R2E OWNER: HOSPICE OF DUBUQUE LOT 2 SELCHERT PLACE OWNERS: DOUGLAS L. IKOHNEN & !DIANE M. KOHNEN PERMANENT SANITARY SEWER EASEMENT IIW ENGINEERS & SURVEYORS, P.C. INTEGRITY. EXPERTISE. SOLUTIONS l'!il' DUBUQUE, IA HAZEL GREEN, WI 4155 PENNSYLVANIA AVE. DUBUQUE. IA 52002 VOICE (563) 556 -2464 FAX (563) 556 -7811 www uwmg mm DRAWN DMJ PLAT NO. CHECKED WAC PROJ. NO. 07195 -01 DATE 04 -21 -09 SHEET 4 of 7 P: \07 \195 \195 -01 \DWG \CIVIL \07195 -01 E Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563) 589 -4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563) 589 -4270 RESOLUTION NO. 42-10 A RESOLUTION ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER, STORM SEWER AND WALKING TRAIL FOR NORTH FORK CATFISH CREEK IN THE CITY OF DUBUQUE, IOWA Whereas, Dubuque Community Church has executed an Easement for Sanitary Sewer, Storm Sewer, and Walking Trail over and across parts of Lot 8 and Lot 9 of Block 21A of Key Knolls Subdivision in the City of Dubuque, Dubuque County, Iowa; and Whereas, said easement was recorded as Instrument No. 2010 -0107 in the Office of the Dubuque County Recorder on January 4, 2010. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Sanitary Sewer, Storm Sewer, and Walking Trail over and across parts of Lot 8 and Lot 9 of Block 21A of Key Knolls Subdivision, in the City of Dubuque, Dubuque County, Iowa, from Dubuque Community Church, recorded as Instrument No. 2010 -0107 on January 4, 2010, in the Office of the Dubuque County Recorder. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Att- -t: Passed, approved and adopted this 15th day of Februar j 01 eanne F. Schneider, CMC, City Clerk Roy D. uol, Mayor IIIII Doc ID 006642770004 Type GEN Kind EASEMENT Recorded: 01/04/2010 at 01:36:36 PM Fee Amt: $24.00 Page 1 of 4 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2010- 00000107 Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563) 589 -4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. 13' Street, Dubuque, IA 52001 (563) 589 -4270 GRANT OF EASEMENT FOR SANITARY SEWER, STORM SEWER, AND WALKING TRAIL For and in consideration of the sum of Nine Thousand Five Hundred Ninety -Seven Dollars and Ninety Cents ($9,597.90) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Dubuque Community Church 3490 Keystone Drive Dubuque, Iowa 52002 of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, a municipal corporation, its agents and contractors, in perpetuity from the date hereof, a right -of -way and easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: A Part of Lot 8 & Lot 9 of Block 21A of Key Knolls Subdivision Said easement shall be as shown on the attached EXHIBIT AA, for the purpose of constructing, reconstructing, remodeling or repairing a sanitary sewer and storm sewer and appurtenances and walking trail in accordance with the Plans and Specifications on file in the office of the City Engineer. It is understood and agreed that the grantee herein may require more than ten feet (10') from edge of sewer to construct said improvements but not more than twenty -five feet (25') from edge of sewer. It is understood and agreed that the grantee herein shall restore the disturbed area due to the installation and repair of said sanitary sewer and storm sewer. Notwithstanding the foregoing, however Grantee shall not disturb the area shown on EXHIBIT AA south of the easement area where Grantor's geothermal lines are located. Grantor shall not erect any structure over or within the easement area without obtaining the prior written approval of the City Engineer. Neither party shall change the grade, elevation, and contour or perform any construction or excavation that will diminish the lateral support of said improvement without obtaining the prior written consent of the other party. Notwithstanding any other provisions of this Easement: 1) The Grantee, at its sole expense shall maintain erosion control measures around the end of the proposed Key Way Drive culvert to a point thirty (30) feet downstream from the culvert. 2) Should erosion control problems occur in the future due to the proposed box culvert on either side of the creek, the Grantee, at its sole expense, shall restore the creek embankment to a stable condition and add preventative measures to protect the embankment from the potential of future erosion caused by the box culvert. 3) If and when a walking trail is established through the easement area, it shall be along the north side of the creek on the bank opposite from the Grantor's property, and the Grantee shall furnish and install signage alerting the public that the church parking lot is for private use only and not an access for the trail. 4) The Grantee shall confine construction and maintenance activities to the easement areas outlined in this easement. The City will not utilize the existing sanitary sewer easement that runs from Key Way Drive, through the Grantor's parking lot to the east side of the Grantor's property to construct the North Fork Catfish Creek Sanitary Sewer Improvements. 5) The Grantee shall grade the south bank of the creek to a 2 to1, horizontal to vertical slope. Grantee shall install the width of one roll of permanent turf reinforcement matting, the width of one roll of extended term erosion control blanket, and short term erosion control blanket to the top of the embankment from the proposed box culvert to a point approximately three hundred and twenty (320) feet southeast of the culvert. The Grantee shall seed the embankment with a native, perennial mix that will form deep roots and require limited mowing. The Grantee shall make any necessary repairs to the turf reinforcement matting and the erosion control blankets should defects appear on or before July 1, 2012. Should repairs be necessary due to defects that appear between July 1, 2012 and July 1, 2017 the Grantee and Grantor shall contribute equal shares towards the cost of repairs. Both parties must agree on the contractor. The repair of any defects to the south embankment after July 1, 2017 shall be at the expense of the Grantor. Grantee will indemnify, protect and hold harmless Grantor and each and every one of its past and present affiliates, predecessors, insurers, indemnitors, directors, representatives, officers, employees, successors and assigns from any loss, damage, cost, claim or demand, including attorneys fees, which may be asserted against Grantor by reason of the granting of, construction, reconstruction, remodeling, or repairing the sanitary sewer and box culvert, the maintenance of the easement, or the construction, operation and use of the hiking trail, including any claims for contribution or indemnity asserted by anyone. To have and to hold unto the said City of Dubuque, Iowa, forever, and the undersigned do hereby expressly covenant that they are the owner(s) 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, remodel or repair said sanitary sewer thereon or therein. By my /our signature(s), I /we hereby acknowledge receipt of a compensation estimate of the value of the real property or interest in real property, and of any buildings or other improvements, including fences located on the real property being acquired or compensated for and of any damages or Toss of access caused to remaining property, if any, in lieu of an appraisal of such property, buildings or improvements, as provided in Iowa Code Sections 6B.2B and 6B.54(2). Dated at Dubuque, Iowa this — day of D -c 3d) _ , 2009. ALL PURPOSE ACKNOWLEDGMENT STATE OF IOWA COUNTY OF DUBUQUE ) On this - day ofb 1 -; 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared (NAME /S). 4>2.-Abu I s ) , S C.4I. ►4 ► T1 to me personally known, OR _ proved to me on the basis of satisfactory evidence to be the. persons) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by •'' his%Iter /their signature(s) on the instrument the person(s) acted, executed the instrument. ,r INDIVIDUAL 1/ CORPORATE OFFICER(S) r✓ZC - -t ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER Ra.--- ,- 62 (sign in ink) 7l*- )+t1A> fa'Uiv!S (print/type name) Notary Public in and for State of Iowa c°-coM( S afrti AN), .70q3 CAPACITY CLAIMED BY SIGNER (Title) (CORP SEAL) AFFIXED SIGNER IS REPRESENTING: NO SEAL PROCURED /GENERAL Name of Person(s) or Entity(ies): PARTNER(S) LIMITED 36 3L.)c e Cv'i mu i T C=1+v(zc - PREPARED BY nw ENGINEERS & SURVEYORS P.C. 4155 PENNSYLVANIA AVE, DUBUQUE, 10WA. (563) 556 -2464 )T 3 � LO r 2 NW 2tt 8g 2)�J t LOT 2 I LOT 1 BL OCK 12 KEY W. JAS 0 KNOLLS SUgD N Kt�}g Y / I. 0 r � PROPOSED PERMANENT AND TEMPORARY EASEMENTS AT KEY WAY CULVERT PROPFR7.1, t1Nf / LOT 1 LOT 2 / OWNER: STEPHEN & JANET I DELIRE .,Il�lalllfllltllllll,. NORTH GRAPHIC SCALE 0 60 120 DRAWING MAY HAVE BEEN REDUCED EASEMENT EXHIBIT "AA" B� 0 BOX CULVERT OF SANITARY S LOT 3 HERRIG'S JFK ADD OWNER: MATTRO -o \ PUMK. IA RATEL WEEN.`A7 4 4155 PENNSYLVANIA AVE. DUBUQUE. IA 57071 VOICE 1565) 5561,61 PAP I5611 556.70I 1 wood keow coon DRAWN SJC,JPK PLAT NO. CHECKED PROJ. NO. 07195 -01 DATE 12 -03 -09 SHEET of P: \07 \I95 \195 -01 \D WC \CIVIL \07195 -01 E ts '0 f �i bU ■ 20 s 4N1 r4 E- ASFM 1 IIW ENGINEERS & SURVEYORS, P.C. IN1&)BRY. EWEETISE. SOLLMONS. ER TION LLC Prepared by: Return to: Ronald J. Turner, City of Dubuque, 50 W. le Street, Dubuque, IA 52001 (563) 589 -4270 Ronald J. Turner, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563) 589 -4270 RESOLUTION NO. 43-10 A RESOLUTION ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER FOR NORTH FORK CATFISH CREEK IN THE CITY OF DUBUQUE, IOWA Whereas, Key City Investment Co. has executed an Easement for Sanitary Sewer, over and across parts of Lot 2 of Lot 2 of Yiannias Place No. 3 in the City of Dubuque, Dubuque County, Iowa; and Whereas, said easement was recorded as Instrument No. 2009 -22799 in the Office of the Dubuque County Recorder on December 18, 2009. • NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Sanitary Sewer, over and across parts of Lot 2 of Lot 2 of Yiannias Place No. 3 in the City of Dubuque, Dubuque County, Iowa, from Key City Investment Co., recorded as Instrument No. 2009 -22799 on December 18, 2009, in the Office of the Dubuque County Recorder. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connectio herewith. Attest: Passed, approved and adopted this 15th day of February, eanne F. Schneider, CMC, City Clerk 1r LI Roy D. Buol, Mayor IIIIIIIIIIIIIIIIiIIIIIIIIIIIIIIIJIIIIIIIIIIJIIIIIIIIIJIIIOIjIIIjjIOIIIIIIIIIIIi OIII IIII IIII Doc ID: 006633270003 Type: GEN Kind EASEMENT Recorded: 12/18/2009 at 10:12:42 AM Fee Amt: $19.00 Page 1 of 3 Dubuque County Iowa Kathy Flynn Thurlow Recorder ' F11e2009- 00022799 Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563) 589 -4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. 13` Street, Dubuque, IA 52001 (563) 589 -4270 GRANT OF PERMANENT EASEMENT FOR SANITARY SEWER For and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Key City Investment Co. PO Box 3127 Dubuque, Iowa 52004 of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, a municipal corporation, its agents and contractors, in perpetuity from the date hereof, a right -of -way and easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: A Part of Lot 2 of Lot 2 of Yiannias Place No. 3 Said easement shall be as shown on the attached EXHIBIT C, for the purpose of constructing, reconstructing, remodeling or repairing a sanitary sewer and appurtenances in accordance with the Plans and Specifications on file in the office of the City Engineer. Grantor further grants to the City of Dubuque, and its employees, agents and contractors, the right to enter said property and occupy a temporary easement during the period of construction over a strip of land not to exceed 50 feet in width on either side of the centerline of the proposed sewer on said property until the project is accepted by the City Council. It is understood and agreed that the grantee herein shall restore the disturbed area due to the installation and repair of said sanitary sewer and storm water channel. 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 of said improvement without obtaining the prior written consent of the City Engineer. To have and to hold unto the said City of Dubuque, Iowa, forever, and the undersigned do hereby expressly covenant that they are the owner(s) in fee of said real estate and have good moo O C ity Engineer have free access to and egress from and over said real estate to maintain, remodel or repair said sanitary sewer thereon or therein. By my /our signature(s), I /we hereby acknowledge receipt of a compensation estimate of the value of the real property or interest in real property, and of any buildings or other improvements, including fences located on the real property being acquired or compensated for and of any damages or Toss of access caused to remaining property, if any, in lieu of an appraisal of such property, buildings or improvements, as provided in Iowa Code Sections 6B.2B and 6B.54(2). Dated at Dubuque, Iowa this / �} day of PC cr'1r3c -i 2009. ALL PURPOSE ACKNOWLEDGMENT STATE OF IOWA COUNTY OF DUBUQUE ) On this /`f day of D 1 8 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared y/9/1n 43 5 _ to me personally known, OR _ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s) acted, executed the instrument. (Notary Seal) (sign in ink) Lrn n Sc 1 7" c � <- (print/type name) Notary Public in and for State of Iowa LYNN M SCHLUETER Notarial Seal - IOWA 744354 � My Commisslon Expires CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER(S) PP E-S I D L N 7 (Title) (CORP SEAL) _ AFFIXED SIGNER IS REPRESENTING: NO SEAL PROCURED `` Name of Person(s) or Entity(ies): ) PARTNER(S) LIMITED GENERAL K y C l � � y /N Uesf44 E TC _ ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER PREPARED BY: IIW ENGINEERS Sc SURVEYORS P.C, 4155 PENNSYLVANIA AVE, DUBUQUE, IOWA, (563) 556 -2464 EASEMENT EXHIBIT "C" PERMANENT SANITARY SEWER EASEMENT IN LOT 2 -2 OF YIANNIAS PLACE NO. 3 IN THE CITY OF DUBUQUE, IOWA / LEGEND PERMANENT SANITARY SEWER EASEMENT _,II�uuIIIIIllm��11,.. NORTH GRAPHIC SCALE 0 10 20 1 " =10' DRAWING MAY HAVE BEEN REDUCED PROPRIETOR: KEY CITY INVESTMENT CO. PREPARED FOR: CITY OF DUBUQUE DATE PREPARED: AUGUST 26, 2008 C ---- EXISTING SANITARY SEWER EASEMENT 6 20' PERMANENT SANITARY SEWER EASEMENT, 105 SQ. FT IIW ENGINEERS & SURVEYORS, P.C. INTEGRITY. EXPERTISE. SOLUTIONS. DUBUQUE, IA HAZEL GREEN, wl 0155 PENNSYLVANIA AVE. DUBUQUE, IA 52002 VOICE (563) 556 -2060 FAX (563) 556 -7811 www.iiwengr.com DRAWN BJH PLAT NO. CHECKED WAC PROJ. NO. 07195 -01 DATE 06 -26 -06 SHEET 1 of 1 P: \07 \195 \195 -01 \DWG \CVL \07195 -01 C Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563) 589 -4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563) 589 -4270 RESOLUTION NO. 44 -10 A RESOLUTION ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER FOR NORTH FORK CATFISH CREEK IN THE CITY OF DUBUQUE, IOWA Whereas, Marlin and Ritchie Avenarius have executed an Easement for Sanitary Sewer over and across parts of Lot 2 of Avenarius Place in the City of Dubuque, Dubuque County, Iowa; and Whereas, said easement was recorded as Instrument No. 2009 -22801 in the Office of the Dubuque County Recorder on December 18, 2009. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Sanitary Sewer over and across parts of Lot 2 of Avenarius Place in the City of Dubuque, Dubuque County, Iowa, from Marlin and Ritchie Avenarius, recorded as Instrument No. 2009 -22801 on December 18, 2009, in the Office of the Dubuque County Recorder. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Att =t: Passed, approved and adopted this 15th d ay o February 10. eanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor IWINYIIgWBYWYIVINNY Doc ID 006633290004 Type GEN Kind EASEMENT Recorded: 12/18/2009 at 10:13:46 AM Fee Amt: $24.00 Page 1 of 4 Dubuque County Iowa Kathy Flynn Thurlow Recorder Fi1e2009- 00022801 Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563) 589 -4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563) 589 -4270 GRANT OF EASEMENT FOR SANITARY SEWER For and in consideration of the sum of Seven Thousand One Hundred Thirty -Three Dollars and Four Cents ($7,133.04) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Avenarius, Marlin (und 4/5 interest) & Avenarius, Ritchie (und 1/5 interest) 2985 University Avenue Dubuque, Iowa 52001 of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, a municipal corporation, its agents and contractors, in perpetuity from the date hereof, a right -of -way and easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: A Part of Lot 2 of Avenarius Place Said easement shall be as shown on the attached EXHIBIT A and EXHIBIT B, for the purpose of constructing, reconstructing, remodeling or repairing a sanitary sewer and appurtenances in accordance with the Plans and Specifications on file in the office of the City Engineer. It is understood and agreed that the grantee herein shall restore the disturbed area due to the installation and repair of said sanitary sewer and storm water channel. 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 of said improvement without obtaining the prior written consent of the City Engineer. To have and to hold unto the said City of Dubuque, Iowa, forever, and the undersigned do hereby expressly covenant that they are the owner(s) 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, remodel or repair said sanitary sewer thereon or therein. 2 °0 OD City Ong ineer By my /our signature(s), I /we hereby acknowledge receipt of a compensation estimate of the value of the real property or interest in real property, and of any buildings or other improvements, including fences located on the real property being acquired or compensated for and of any damages or loss of access caused to remaining property, if any, in lieu of an appraisal of such property, buildings or improvements, as provided in Iowa Code Sections 6B.2B and 6B.54(2). Dated at Dubuque, Iowa this 2 7 day of 74116(.5 2009. ALL PURPOSE ACKNOWLEDGMENT STATE OF IOWA COUNTY OF DUBUQUE ) On this 27 day of�¢/57, 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared (NAME /S). liar - JA V e ri U S a— ci R GAT 6 AVe v►uv - S us to me personally known, OR _ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s) acted, executed the instrument. (■otary Sea!) INDIVIDUAL CORPORATE OFFICER(S) (Title) (CORP SEAL) AFFIXED NO SEAL PROCURED PARTNER(S) LIMITED _ GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER 4 f;te:t-t ---- - (sign in ink) `Awl/4s fikeu"- (print/type name) Notary Public in and for State of Iowa Gomm155 /ur.! 70r 3(27 Ex f. IA I /zoi 0 CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies): Marlin Avenarius RitchieAvenarius PREPARED BY IIW ENGINEERS & SURVEYORS P.C, 4155 PENNSYLVANIA. AVE, DUBUQUE, IOWA, (563) 556 -2464 EASEMENT EXHIBIT "A" PERMANENT SANITARY SEWER EASEMENT IN LOT 2 OF AVENARIUS PLACE IN THE CITY OF DUBUQUE, IOWA \ GRAPHIC SCALE 0 60 EXISTING SANITARY SEWER EASEMENT 120. 1"=60' DRAWING MAY HAVE BEEN REDUCED PROPRIETOR: MARLIN AVENARIUS RITCHIE AVENARIUS PREPARED FOR: CITY OF DUBUQUE DATE PREPARED: AUGUST 26, 2008 LEGEND PERMANENT SANITARY SEWER EASEMENT PERMANENT SANITARY SEWER EASEMENT 5,320 SQ. FT. Ito Imo IOW IOW IOW ISO IOW VOW \ i EXISTING SANITARY SEWER EASEMENT- 5 8.3' IIW ENGINEERS & SURVEYORS, P.C. INTEGRITY. EXPERTISE. SOLUTIONS. DUBUQUE.0 B42EL GREEN. W1 4155 PENNSYLVANIA AVE. DUBUQUE. IA 52002 VOICE (563) 556 -2464 FAX (563) 5567211 DRAWN BJH PLAT NO. CHECKED WAC PROJ. NO. 07195 -01 DATE 08 -26 -08 SHEET 1 of 2 _P: \07 \195 \195 -01 \DWG \CVL \07195 -01 A PREPARED BY IIW ENGINEERS Sc SURVEYORS P.C. 4155 PENNSYLVANIA AVE, DUBUQUE, IOWA, (563) 556 -2464 EASEMENT EXHIBIT "B" PERMANENT SANITARY SEWER EASEMENT IN LOT 2 OF AVENARIUS PLACE IN THE CITY OF DUBUQUE, IOWA 20' PERMANENT SANITARY SEWER EASEMENT 3,135 SQ. FT. LEGEND /AIM 70.2' LOT 2 AVENARIUS PLACE OWNER: MARLIN AVENARIUS (4/5) RITCHIE AVENARIUS (1/5) PERMANENT SANITARY SEWER EASEMENT _.I doll11IIIIIIttbh NORTH GRAPHIC SCALE 0 60 120 c'- DRAWING MAY HAVE BEEN REDUCED PROPRIETOR: MARLIN AVENARIUS RITCHIE AVENARIUS PREPARED FOR: CITY OF DUBUQUE DATE PREPARED: AUGUST 26, 2008 r EXISTI SANITARY SEWER EASEMENT. LOT 23 m 17 OWNER: CITY OF DUBUQUE N N 1- 0 J 20' PERMANENT SANITARY SEWE EASEMENT, 2,533 SQ. FT.. C EXISTING SANITARY SEWER EASEMENT -- 0 0 EXISTING SANITARY SEWER EASEMENT FALK'S SUBDIVISION LOT 22 LOT 21 DRAWN BJH CHECKED WAC LOT 2 AVENARIUS PLACE OWNER: MARLIN AVENARIUS RITCHIE AVENARIUS 20' PERMANENT SANITARY SEWER EASEMENT 4,454 SQ. FT. �EXISIING SANITAR SEWER EASEMENT 108.9' — DATE 08 -26 -08 SHEET 2 of 2 LOT 2 AVENARIUS PLACE OWNER: MARLIN AVENARIUS (4/5) RITCHIE AVENARIUS (1/5) 20' PERMANENT SANITARY SEWER EASEMENT, 4,372 SQ. FT. IIW ENGINEERS & SURVEYORS, P.C. INTEGRITY. EXPERTISE. SOLVf10NS. DUBUQUE. IA HAZEL GREEN, WI 4155 PENNSYLVANIA AVE. DUBUQUE,IA 52002 VOICE (563) 556 -2464 FAX (563) 556.7811 PLAT NO. PROJ. NO. 07195 -01 P: \07 \195 \195 -01 \DWG \CVL \07195 -01 B Prepared by :Ronald J. Turner, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563) 589 -4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. l3'h Street, Dubuque, IA 52001 (563) 589 -4270 RESOLUTION NO. 45-10 A RESOLUTION ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER, STORM SEWER AND WALKING TRAIL FOR NORTH FORK CATFISH CREEK IN THE CITY OF DUBUQUE, IOWA Whereas, Mattroy, LLC has executed an Easement for Sanitary Sewer, Storm Sewer and Walking Trail over and across parts of Lot 3 of Herrig's John F. Kennedy Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, said easement was recorded as Instrument No. 2010 -00673 in the Office of the Dubuque County Recorder on January 14, 2010. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Sanitary Sewer, Storm Sewer and Walking Trail over and across parts of Lot 3 of Herrig's John F. Kennedy Addition in the City of Dubuque, Dubuque County, Iowa, from Mattroy, LLC, recorded as Instrument No. 2010 -00673 on January 14, 2010, in the Office of the Dubuque County Recorder. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Atte Passed, approved and adopted this 15th day of February eanne F. Schneider, CMC, City Clerk l� Roy D. Buol, Mayor Mattroy, LLC 2540 Willow Brook Drive Dubuque, Iowa 52002 111111111111111111111111111111 Doc ID: 006651480003 Type. GEN Kind: EASEMENT Recorded: 01/14/2010 at 09:39:09 AM Fee Amt: $19.00 Pape 1 of 3 Dubuque County Iowa Kathy Flynn Thurlow Recorder Fi1e201 00000673 Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563) 589 -4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. 13`" Street, Dubuque, IA 52001 (563) 589 -4270 GRANT OF EASEMENT FOR SANITARY SEWER, STORM SEWER, AND WALKING TRAIL For and in consideration of the sum of Seven Thousand Three Hundred Forty -One Dollars and Ten Cents ($7,341.10) and other good and valuable consideration, the receipt whereof is hereby acknowledged, of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, a municipal corporation, its agents and contractors, in perpetuity from the date hereof, a right -of -way and easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: A Part of Lot 3 of Herrig's JFK Addition Said easement shall be as shown on the attached EXHIBIT M, for the purpose of constructing, reconstructing, remodeling or repairing a sanitary sewer and storm sewer and appurtenances and walking trail in accordance with the Plans and Specifications on file in the office of the City Engineer. It is understood and agreed that the grantee herein may require more than ten feet (10') from edge of sewer to construct said improvements but not more than thirty -five feet (35') from edge of sewer. It is understood and agreed that the grantee herein shall restore the disturbed area due to the installation and repair of said sanitary sewer and storm sewer. 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 of said improvement without obtaining the prior written consent of the City Engineer. To have and to hold unto the said City of Dubuque, Iowa, forever, and the undersigned do hereby expressly covenant that they are the owner(s) 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 Igoo 0 City Eno`neer have free access to and egress from and over said real estate to maintain, remodel or repair said sanitary sewer thereon or therein. By my /our signature(s), I /we hereby acknowledge receipt of a compensation estimate of the value of the real property or interest in real property, and of any buildings or other improvements, including fences located on the real property being acquired or compensated for and of any damages or Toss of access caused to remaining property, if any, in lieu of an appraisal of such property, buildings or improvements, as provided in Iowa Code Sections 6B.2B and 6B.54(2). Dated at Dubuque, Iowa this ALL PURPOSE ACKNOWLEDGMENT STATE OF IOWA ) COUNTY OF DUBUQUE ) On this 2_1 day of , pk ,6-, 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared (NAME /S). y h a tf.h . r,i X to me personally known, OR proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s) acted, executed the instrument. (Notary Seal) S T AC! M. DUEFIR Commission Number 722066 My Comm. Exp. 4-72--1 CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER(S) (Title) (CORP SEAL) AFFIXED NO SEAL PROCURED PARTNER(S) x' LIMITED _ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER day of 7`Bh'�,f7 2009. Matthew angenberg sign in ink) S r m " bJ (print/type name) Notary Public in and for State of Iowa SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies): Matthew Langenberq PREPARED BY: PERMANENT SANITARY SEWER, STORM SEWER, AND TRAIL EASEMENT IN LOT 3 OF HERRIG'S JFK ADDITION, IN THE CITY OF DUBUQUE, IOWA YS TONE �R 0 Y r � U O c75'y IIW ENGINEERS & SURVEYORS P.C, • 4155 PENNSYLVANIA AVE, DUBUQUE, IOWA, (563) 556 -2464 LEGEND [Z,Z2 PERMANENT EASEMENT 5,647 SQ FT TOTAL PROPRIETOR: MATTROY LLC PREPARED FOR: CITY OF DUBUQUE DATE PREPARED: JULY 15, 2009 REVISED: SEPTEMBER 24, 2009 EASEMENT EXHIBIT "M" f X 20 S gNIT , LOT 8 BLOCK 21A KEY KNOLLS SUBDIVISION IN THE CITY OF DUBUQUE, IA OWNER: DUBUQUE COMMUNITY CHURCH _ ,61�a�Ililllilum11 1.. NORTH GRAPHIC 'SCALE 0 60 120 1 " =60' DRAWING MAY HAVE BEEN REDUCED LOT 3 HERRIG'S JFK ADDITION OWNER: MATTROY LLC LOT 1 OF WESTVIEW WEST OWNER: 4 -ALL LLC DRAWN SJC,JPK CHECKED WAG DATE 07 -15 -09 PLAT NO t \\ SHEET o IIW ENGINEERS & SURVEYORS, P.C. INTEGRITY. EXPERTISE SOLUTIONS lizajf DUBUQUE,'1A BAZEL GREEN. WI 4 PENNSYLVANIA AVE DUBUQUE, IA 52002 VOICE (563)556 -2464 FAX (563) 556 -9811 www.Rwmgmn PROJ. NO. 07195 -06 P: \07 \195 \195 -01 \DWG \ CIVIL \07195 -01 E Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563) 589 -4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563) 589 -4270 RESOLUTION NO. 46 -10 A RESOLUTION ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER FOR NORTH FORK CATFISH CREEK IN THE CITY OF DUBUQUE, IOWA Whereas, Stephen J. and Judy L. Selchert has executed an Easement for Sanitary Sewer over and across parts of Lot 1 of Selchert Place in the City of Dubuque, Dubuque County, Iowa; and Whereas, said easement was recorded as Instrument No. 2010 - 00001070 in the Office of the Dubuque County Recorder on January 22, 2010. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Sanitary Sewer over and across parts of Lot 1 of Selchert Place in the City of Dubuque, Dubuque County, Iowa, from Stephen J. and Judy L. Selchert recorded as Instrument No. 2010 - 00001070 on January 22, 2010, in the Office of the Dubuque County Recorder. Section 2. The Mayor . is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Attes Passed, approved and adopted this 15t day of February210 eanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563) 589 -4270 Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13"' Street, Dubuque, IA 52001 (563) 589 -4270 For and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Stephen J. and Judy L. Selchert 8753 Jennifer Court Dubuque, Iowa 52003 of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, a municipal corporation, its agents and contractors, in perpetuity, from the date hereof, a right -of -way and easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Lot 1 of Selchert Place GRANT OF EASEMENT FOR SANITARY SEWER 11111111111111111111111111111111111 iii 111111111111313131 3331311131 Doc ID 006657500003 Type GEN Kind EASEMENT Recorded: 01/22/2010 at 10:10:20 AM Fee Amt: $19.00 Page 1 of 3 Dubuque County Iowa Kathy Flynn Thurlow Recorder F 0000 Said easement shall be as shown on the attached Exhibit E, for the purpose of constructing, reconstructing, remodeling or repairing a sanitary sewer and appurtenances in accordance with the Plans and Specifications on file in the office of the City Engineer. It is understood and agreed that the grantee herein shall restore the disturbed area due to the installation or repair of said sanitary sewer. 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, contour or perform any construction or excavation that will diminish the lateral support of said improvement without obtaining the prior written consent of the City Engineer. To have and to hold unto the said City of Dubuque, Iowa, forever, and the undersigned do hereby expressly covenant that they are the owner(s) 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, remodel or repair said sanitary sewer thereon or therein. By my /our signature(s), I /we hereby acknowledge receipt of a compensation estimate of the value of the real property or interest in real property, and of any buildings or other improvements, including fences located on the real property being acquired or compensated for and of any damages or Toss of access caused to remaining property, if any, in lieu of an appraisal of such property, buildings or improvements, as provided in Iowa Code Sections 6B.2B and 6B.54(2). Dated at Dubuque, Iowa this 2/ �1` day of JA&UA04 , 2000. ALL PURPOSE ACKNOWLEDGMENT STATE OF IOWA ) COUNTY OF DUBUQUE ) On this ,21 Sr` day of J4u0,40 , 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared (NAME /S). STEP/ /eA1 J "1 -cH:ZT �ODY I- L. Se 1 t o m e personally known, OR _ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to . me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by `" his'i heir signature(s) on the instrument the person(s) acted, executed the instrument. '# �,t;) � » ( I) �,1, kf t' e-� - (sign in ink) sa CI c:.-w , i r• Xs %7fcntas /l'1 &R, -VAJA (print/type name) Notary Public in and for State of Iowa CoMMtss _ = log 3b7 EnP- DR`Tt 4 /tI'Z.l0 �• CAPACITY CLAIMED BY SIGNER "N7 4%* '�% INDIVIDUAL CORPORATE OFFICER(S) (Title) (CORP SEAL) AFFIXED NO SEAL PROCURED PARTNER(S) _ LIMITED _ GENERAL Stephen J. Selchert ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER Step h n J. Selchert -y r. L / Judy IL. Selchett SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies): Judy L. Selchert PREPARED BY: IIW ENGINEERS & SURVEYORS P.C, 4155 PENNSYLVANIA AVE, DUBUQUE, IOWA, (563) 556 -2464 EASEMENT EXHIBIT "E" PERMANENT SANITARY SEWER EASEMENT IN LOT 1 OF SELCHERT PLACE IN THE CITY OF DUBUQUE, IOWA NORTH GRAPHIC SCALE 0 60 EXISTING SANITARY SEWER EASEMENT I r ° n I LOT 2 -1 -2 W z W w W1/2 NW) /4 NW1 /4 0 a r SEC.27 T89N R2E I- v) o (n OWNER:LYLE & GRACE - w KOPP 1 0 _1 Z 0 EXIS NG SANITARY SEWE EASEMENT _.,1m1IlIIIIIlIum11 20' PERMANEN SANITARY SEWER EASEM T 2,147 SQ. FT. 120 1"=60' DRAWING MAY HAVE BEEN REDUCED PROPRIETOR: STEPHEN SELCHERT JUDY SELCHERT PREPARED FOR: CITY OF DUBUQUE DATE PREPARED: AUGUST 26, 2008 LOT 9 BLOCK 10.5' OAK BROOK 1 1 N LEGEND L KENSINGTON PLACE LOT 1 BLOCK 33 . OWNER: MARY EfILERT OAK BROOK _L PERMANENT SANITARY SEWER EASEMENT DRAWN BJH CHECKED WAC DATE 08 -26 -08 IIW ENGINEERS & SURVEYORS, P.C. INTEGRITY. EXPERTISE SOLLMONS. DUBUQUE.. HAZEL GREEN, W1 4155 PENNSYLVAN. AVE DUBUQUE.. 53003 VOICE (563) 556 -3464 FAX (563) 556-7811 www uwmg.Eom PLAT NO. PROJ. NO. 07195 -01 SHEET 1 of 1 P: \07 \195 \195 -01 \DWG \CVL \07195 -01 E