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Acceptance of a Permanent Easement for Storm Sewer Utilities at 800 Laurel StreetPrepared by: Nate Kieffer, City of Dubuque 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque 50 W. 13th Street Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 232-19 ACCEPTING A GRANT OF EASEMENT FOR STORM SEWER UTILITIES OVER AND ACROSS A PART OF LOT 1-2-1-2 IN LAUREL PLACE AND LOT 1-1-2 IN LAUREL PLACE, IN THE CITY OF DUBUQUE, IOWA Whereas, Thomas W. Riley and Rachel K. Daack Riley have executed an Easement for Storm Sewer Utilities through, over and across a Part of Lot 1-2-1-2 in Laurel Place and Lot 1-1-2 in Laurel Place, in the City of Dubuque, Dubuque County, Iowa. 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 Storm Sewer Utilities through, over and across Part of Lot 1-2-1-2 in Laurel Place and Lot 1-1-2 in Laurel Place, in the City of Dubuque, Dubuque County, Iowa from Thomas W. Riley and Rachel K. Daack Riley, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. The City Clerk is hereby authorized to and directed to record this resolution and easement with the Dubuque County Recorder. Passed, approved and adopted this 17th day of June 2019. Attest: Kevin . Firnstahl, City Clerk Roy D. Buol, Mayor STATE OF IOWA CERTIFICATE of the CITY CLERK ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 232-19 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 18th day of June, 2019. Kew°in S. Firnstahh CMC, City Clerk Copyrighted June 17, 2019 City of Dubuque Consent Items # 20. ITEM TITLE: Acceptance of a Permanent Easementfor Storm Sewer Utilities at 800 Laurel Street SUMMARY: City Manager recommending acceptance of the Grantof Permanent Easementforexisting public storm sewerfrom Thomas W. Riley and Rachel K. Daack Riley across 800 Laurel Street. RESOLUTION Accepting a Grant of Easement for storm sewer utilities over and across a part of Lot 1-2-1-2 in Laurel Place and Lot 1-1-2 in Laurel Place, in the Cityof Dubuque, lowa SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt Resolution(s) ATTACHMENTS: Description Type Acceptance of Grant of Permanent Easement for Staff Memo Existing Public Storm Sewer from Riley-MVM Memo Staff Memo Staff Memo Resolution Resolutions SignedAgreement Supporting Documentation Area Map Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of a Permanent Easement for Existing Public Storm Sewer Utilities from Thomas and Rachel Riley over property at 800 Laurel Street in Dubuque DATE: June 10, 2019 City Engineer Gus Psihoyos recommends City Council acceptance of the Grant of Permanent Easement for existing public storm sewer from Thomas W. Riley and Rachel K. Daack Riley across 800 Laurel Street. I concur with the recommendation and respectfully request Mayor and City Council approval. �� �� ��� Mic ael C. Van Milligen �� � MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Dubugue T�-iE CI'TY OF � D V L� E A��-AmericaCity i r �Vlc�sterpiece on t�ie Mississippi e znnc•.zoi2•mis.zur, TO: Michael C. Van Milligen, City Manager __ ,r�� . . ,� FROM: Gus Psihoyos, City Engineer ��!�'j;.,__.� '` SUBJECT: Acceptance of a Permanent Easement for an Existing Public Storm Sewer Utilites from Thomas and Rachel Riley over property at 800 Laurel Street in Dubuque DATE: June 12, 2019 INTRODUCTION The purpose of this memorandum is to seek acceptance of a permanent easement for an existing public storm sewer utilities across Part of Lot 1-2-1-2 in Laurel Place and Lot 1-1-2 in Laurel Place, in the City of Dubuque. DISCUSSION Plans for the repair of an existing public storm sewer system on Laurel Street include some minor storm sewer improvements over a portion of the residential property at 800 Laurel Street. The end section of the existing storm sewer was replaced, and rip rap culvert outlet area was installed on the property. The flumed end section of the sewer had collapsed and needed repair. The property is described as Lot 1-2-1-2 in Laurel Place and Lot 1-1-2 in Laurel Place and is owned by Thomas W. Riley and Rachel K. Daack Riley. The City has negotiated with the owner for an easement to facilitate the repair and on-going maintenance of the utility. The City of Dubuque will continue to own and maintain the existing storm sewer utility. There was never an easement, on the Daack Riley property, over the existing public storm sewer that drains the Laurel Street pavPment. RECOMMENDATION I recommend accepting the Grant of Permanent Easement for existing public storm sewer utilities through, over and across Part of Lot 1-2-1-2 in Laurel Place and Lot 1-1-2 in Laurel Place, as shown on the exhibit attached to the Grant of Easement. ACTION TO BE TAKEN I respectfully request accepting the Grant of Permanent Easement for existing public storm sewer from Thomas W. Riley and Rachel K. Daack Riley through the adoption of the attached resolution. 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It Is understood that,whlle me ciev oF o�e�q�e a�d pa�eidpaei�g age�d��ewzed me City of Dubuque mo��,��e�ca�da���ce��fo�mac�o�a�auabie,oA��sa�d 1 ineh = 60 feet EngineeringDivision ie�s�,vvue�s do�oe wa��a�e me a����a o��,Re�a of ine mr��maeio�o�dar��o�eai�ed ne�em rne ciev a�d PamdPaei�g 50 West 13th St�eet age��i�snau�oe ee neia uaeie Fo�a�v ai�e�e,i�ai�e�e,i��iae�eai, Dubuque,lowa 52001 ���a�e�eiai,v��ieroe,o�svedai aamae�,wneme�Fo��eeaeie o� �����eeaeie,a��s��g o�e oF me a�eno�izea o���a�eno�izea�se oF 60 30 0 60 F22t Phone:(563)589-4270 mis daea o�me i�aewev eo��mis daea o�o�e oF a�v e�ead,oF wa��a�ry wnarsoe�e� Fax.(563)589-4205 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque 50 W. 13th Street Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 232-19 ACCEPTING A GRANT OF EASEMENT FOR STORM SEWER UTILITIES OVER AND ACROSS A PART OF LOT 1-2-1-2 IN LAUREL PLACE AND LOT 1-1-2 IN LAUREL PLACE, IN THE CITY OF DUBUQUE, IOWA Whereas, Thomas W. Riley and Rachel K. Daack Riley have executed an Easement for Storm Sewer Utilities through, over and across a Part of Lot 1-2-1-2 in Laurel Place and Lot 1-1-2 in Laurel Place, in the City of Dubuque, Dubuque County, Iowa. 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 Storm Sewer Utilities through, over and across Part of Lot 1-2-1-2 in Laurel Place and Lot 1-1-2 in Laurel Place, in the City of Dubuque, Dubuque County, Iowa from Thomas W. ,Riley and Rachel K. Daack Riley, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. The City Clerk is hereby authorized to and directed to record this resolution and easement with the Dubuque County Recorder. Passed, approved and adopted this 17th day of June 2019. Attest: Kevin(S. Firnstahl` City Clerk Roy D. Buol, Mayor 11 11 u 11 11 11 11 i 11 11 11 11 Doc ID: 010300050005 Type GEN Kind: EASEMENT Recorded: 06/20/2019 at 01:52:43 PM Fee Amt: $27.00 Page 1 of 5 Dubuque County Iowa John Murphy Recorder F11e2019-00006349 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270 GRANT OF EASEMENT FOR STORM SEWER UTILITIES For and in consideration of the sum of Ten and 00/100's Dollars ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, THOMAS W. RILEY AND RACHEL K. DAACK RILEY ("Grantor"), of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, ("Grantee"), a municipal corporation, its agents and contractors, from the date hereof, rights of ways and easements through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Lot 1-2-1-2 in Laurel Place and Lot 1-1-2 in Laurel Place, in the City of Dubuque, Iowa, as shown on Exhibit A attached hereto and by reference made a part hereof. Said easement shall be as shown on the attached Exhibit A for the purpose of constructing and maintaining storm sewer utilities and other appurtenances, along with the right, privilege and authority to construct, reconstruct, maintain, operate, repair, patrol and remove said improvements. Said easement shall also include the right to cut, trim or remove trees, bushes and roots as may be required incident to rights given herein. Together with the right to enter upon said property, over the areas shown on attached Exhibit A, during the period of construction until the project is accepted by City Council. It is understood and agreed that the Grantee herein shall restore the disturbed area due to the construction, maintenance or repair of said storm sewer and appurtenances. Grantor shall not erect any structure over or within the easement area without obtaining the prior written approval of the City Engineer. Grantor shall not change the grade, elevation, and contour or perform any construction or excavation that will diminish the lateral support or integrity of said improvements without obtaining the prior written consent of the City Engineer. To have and to hold unto the said City of Dubuque, Iowa, forever, and the undersigned do hereby expressly covenant that they are the owners in fee of said real estate and have good right to execute this agreement, and that the Grantee, its agents or contractors, shall at all times have free access to and egress from and over said real estate to maintain or repair said storm sewer utilities thereon or therein. Dated at Dubuque, Iowa this day of Tv 4E— , 2019. T190°Ynas By:b,..., Rachel K. Daack Riley NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this 3/ D day of V , A.D., 2019 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Thomas W. Riley and Rachel K. Daack Riley to me known to be the identical person(s) named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that they executed the same as their voluntary act and deed. RUSSELL N KIEFFER Commission Number 778626 My Commission Expires May 24, 2022 Notary Public In and For Said State Reserved for Recorder Prepared By: Nate Kieffer 50 West 13th St. Dubuque,IA 52001 Ph:563-589-4270 Dubuque * * * * *— All -America City 1 2007 CITY OF DUBUQUE ENGINEERING DEPARTMENT CITY HALL, 50 WEST 13th STREET DUBUQUE, IA 52001-4864 PHONE (563) 589-4270 FAX (563) 589-4205 Drawn By: RNK Approved By: RNK Date: 04-16-2019 PART OF LOT 1-2-1-2 LAUREL PLACE AND LOT 1-1-2 LAUREL PLACE, CITY OF DUBUQUE, IOWA C.I.P. Number: Sheet Number: 1 of 1 NORTH 0 25' 50' SCALE 1" = 50' FEET LEGEND R.O.W. (100.00') 100' FOUND IRON ROD/PIPE SET 5/8" REBAR WITH YELLOW PLASTIC CAP # 18128 RIGHT OF WAY RECORD DIMENSION LINE BREAK ADJACENT PROPERTY LINE RIGHT OF WAY LINE PROPOSED EASEMENT LINE I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa. For the City of Dubuque Russell N. Kieffer Iowa Lic. No. 18128 My license renewal date is December 31, 2020 Pages or sheets covered by this seal: THIS PAGE ONLY Date FD. 1" PIPE S79° 15'40'E 200.34'(200) S 75' LOT 1-2-1, N 50' LOT 2-2-1, LOT 1-2-2-1-2, & 1-2-2-2— 2-1-2 ALL LAUREL PLACE S79° 52"E 200.23'(200) S. 50' LOT 2-2-1 LAUREL PLACE S79° 16'43"E !u m 0 FD. 1" PIPE 0 N co FD. 5/8" REBAR W/ ORANGE CAP "15487" M r N 00.19'(200) LOT 1-1-2 LAUREL PLACE PER PLAT BK. 22 PG. 216 FD. 1" PIPE d o v 0 FD. 1" PIPE S08° 19' 15"E 35.23' CENTERLINE STORM SEWER & 20' WIDE EASEMENT 0) 5) NOTES: so, t\ry a ` LOT 1-2-1-2 LAUREL PLACE 43 2OT (201.1) LOT 2-1-1 LINHEINS SUB. N71° 16' 43"W 20.93' (21.8) 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2. PROPRIETOR OF ABOVE DESCRIBED LOT: THOMAS W. RILEY AND RACHEL K. DAACK RILEY 3. SURVEY REQUESTED BY: CITY OF DUBUQUE, 50 W. 13TH ST. DUBUQUE, IOWA 4. THIS EASEMENT PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. NOTE: THIS SURVEY IS LOCATED IN THE NE 1/4 SECTION 36, T89N, R2E (DUBUQUE TOWNSHIP) OF THE 5TH P.M. IN THE CITY OF DUBUQUE, DUBUQUE COUNTY IOWA S88° 00' 17"W 86.40' (86.4') LOT 3-1-1-1-4 LINHEINS SUB. PERMANENT STORM SEWER UTILITY EASEMENT (20' WIDTH) CITY OF DUBUQUE EXHIBIT A - STORM SEWER UTILITY EASEMENT COUNTY DUBUQUE PARCEL NO. JOB NO. PROJECT LAUREL ST. STORM SECTION 36 TWP 89N RANGE 2E ROW -FEE N/A EXIST. ROAD N/A PERM. EASEM'T SEE ABOVE LEGAL DESCRIPTION LOT 1-2-1-2 LAUREL PLACE AND LOT 1-1-2 LAUREL PLACE OWNER THOMAS W. RILEY AND RACHEL K. DAACK RILEY