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
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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 �
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TO: Michael C. Van Milligen, City Manager __
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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.
Prepared by Nate Kieffer, PLS
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Dubuque and Dubuque County. It Is understood that,whlle
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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
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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