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
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