Acceptance of Grants of Easements for Water Main / Sanitary Sewer Utilities_Marquette Place Copyrighted
August 5, 2019
City of Dubuque Consent Items # 9.
ITEM TITLE: Acceptance of Grants of Easements for Water Main and
Sanitary Sewer Utilities - Marquette Place
SUMMARY: City Manager recommending acceptance of a Grant of
Easement for water main and sanitary sewer utilities across
property owned by Christopher M. Hefel on Marquette
Place as part of the Marquette Place Street water main and
sanitary sewer reconstruction project.
RESOLUTION Accepting a Grantof Easementfor Certain
Public Utilities Associated with the Marquette Place
Sanitary Sewer and Water Main Reconstruction Project in
the City of Dubuque, lowa
SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Acceptance of Grant of Easement from Christopher City Manager Memo
Hefel-MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Grant of Easement Hefel Supporting Documentation
Dubuque
THE CITY OF �
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Maste iece on the Mississi i Zoo�•zoiz•zois
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of a Grant of Easement for Water Main and Sanitary Sewer
Utilities from Christopher M. Hefel on Marquette Place in the City of
Dubuque as Part of the Marquette Place Street Water Main and Sanitary
Sewer Reconstruction Project
DATE: July 24, 2019
City Engineer Gus Psihoyos recommends City Council acceptance of a Grant of
Easement for water main and sanitary sewer utilities across property owned by
Christopher M. Hefel on Marquette Place as part of the Marquette Place Street water
main and sanitary sewer reconstruction project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Dubuque
THE CITY OF �
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DUB E ' �
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MI�St� iece on the Mississi 1 zoo��zoiz�2oi3
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TO: Michael C. Van Milligen, City Mana
��
FROM: Gus Psihoyos, City Engineer� _ �
DATE: July 15, 2019
SUBJECT: Acceptance of a Grant of Easement for Water Main and Sanitary Sewer
Utilities from Christopher M. Hefel on Marquette Place in the City of
Dubuque as Part of the Marquette Place Street Water Main and Sanitary
Sewer Reconstruction Project
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a Grant of Easement for water
main and sanitary sewer utilities across property owned by Christopher M. Hefel on
Marquette Place in the City of Dubuque as part of the Marquette Place Street water main
and sanitary sewer reconstruction project.
DISCUSSION
This project replaced water main and sanitary sewer main utilities through fifteen
properties located between Marquette Place and Queen Street. The water main and
sanitary sewer main utilities were relocated to an alignment that is further away from the
existing buildings and residences on the properties to allow for easier maintenance of the
utilities in the future. The project is part of the corrective action plan under the US EPA
Consent Decree to alleviate the existing storm water I & I issues in this area.
The proposed water main and sanitary sewer re-alignmPnt runs across fifteen properties
including the property listed on the attached resolution. The City proposes to acquire a
permanent easement created for the purpose of constructing, operating and maintaining
the water main and sanitary sewer across the property. The grants of easement and plat
are shown in the attached exhibit.
Earlier in the project, Christopher Hefel had granted a water main and sanitary sewer
main easement over the property based on the original design alignment. During the
course of the project, the water main and sanitary sewer alignment was revised so as to
have less of an impact on Hefel's lot improvements including a retaining wall and deck.
This new easement will replace the previously granted easement which will be vacated
in August 2019.
REC+OMMENDATf�N
I rE,comm�nd accepting the Grant of E�sement fc�r Water Main anc� Sanitary SewPr Utility
acros� the property identified an th� �tt�ched re�olution and as shawn on the exhit�it
att�ched to th�: Grant of E�as�ment.
ACTION TO BE TAKEN
I resp�ct(ully request accept�nce c�t th� dedicatic�n ofi Crant of Easemer�t for Water Main
and Sanitary Sewer Utility from Christopher M. H�;f�l through the �doption of the enclosed
resolution.
Prepared by: Nate Kieffer, PLS
�
2
11118111111111111111111111111111111111111
Doc ID: 010328490005 Type:
Kind: EASEMENT
Recorded:
1tof3531:27 PM
FeeAmt: $27.00 Page
Dubuque County Iowa
John Murphy Recorder (� Q Q
Filet019-00008813
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270
GRANT OF EASEMENT FOR WATER MAIN AND SANITARY SEWER
UTILITIES
For and in consideration of the Ten and 00/100's Dollars ($10.00) and other good
and valuable consideration, the receipt whereof is hereby acknowledged,
CHRISTOPHER M. HEFEL, ("Grantor"), of Dubuque County, State of Iowa, for
themselves, their heirs and assigns, do hereby grant, sell and convey to the CITY
OF DUBUQUE, IOWA, ("Grantee"), a municipal corporation, its agents and
contractors, from the date hereof, rights of ways and easements through, under
and across the following described real estate situated in Dubuque, Iowa, to wit:
Part of Lot 1 of Hefei Place, in the City of Dubuque, Iowa, as shown on
Exhibit A attached hereto and by reference made a part hereof.
Said easement shall be as shown on the attached Exhibit A for the purpose of
constructing and maintaining water main and sanitary sewer utilities and other
appurtenances, along with the right, privilege and authority to construct,
reconstruct, maintain, operate, repair, patrol and remove said improvements.
Said easement shall also include the right to cut, trim or remove trees, bushes
and roots as may be required incident to rights given herein.
Together with the right to enter upon said property during the period of
construction until the project is accepted by City Council.
It is understood and agreed that the Grantee herein shall restore the disturbed
area due to the construction, maintenance or repair of said water main and
sanitary sewer and appurtenances.
Grantor shall not erect any structure over or within the easement area without
obtaining the prior written approval of the City Engineer. Grantor shall not
change the grade, elevation, and contour or perform any construction or
excavation that will diminish the lateral support or integrity of said improvements
without obtaining the prior written consent of the City Engineer.
Grantor agrees that any future improvements placed within said easement by
Grantor, and their heirs and assigns, excluding turf grass, may be removed and
not replaced by the City of Dubuque in the process of maintaining, repairing or
reconstructing the water main and sanitary sewer main utilities. City of Dubuque
will not be responsible for the replacement, repair, or relocation of any future
improvements, besides turf grass, that encroach in the proposed easement.
To have and to hold unto the said City of Dubuque, Iowa, forever, and the
undersigned do hereby expressly covenant that they are the owners in fee of
said real estate and have good right to execute this agreement, and that the
Grantee, its agents or contractors, shall at all times have free access to and
egress from and over said real estate to maintain or repair said water main and
sanitary sewer utilities thereon or therein.
Dated at Dubuque, Iowa this /2 r' day of J(,>/kr. , 2019.
By:
Christopher M. Hefel
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this /ZT day of TU,VC , A.D., 2019 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared
Christopher M. Hefel to me known to be the identical person(s) named in and
who executed the within and foregoing instrument, to which this is attached, and
acknowledged that they executed the same as their voluntary act and deed.
440440L
Commission NumbeF77778626
�QCQ My Commission Expires
/owP 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
11111.1
1 Am
1II I I.
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. 696 Applo 881' RNK IDale: 0642.2019
PART OF LOT 1
HEFEL PLACE
CITY OF DUBUQUE, IOWA
D.I.P. Number
1 Sheet Number. 1 of 1
LOT 15
AUDOBON ADD.
PLAT BK. 8, PG. 15
'Ap
G�1
LEGEND
• FOUND IRON ROD/PIPE t'�
0 SET 5/8" REBAR WITH (`"
YELLOW PLASTIC CAP # 18128
R.O.W. RIGHT OF WAY -
(100.00') RECORD DIMENSION 0,
0 LINE BREAK J
ADJACENT PROPERTY LINE
— RIGHT OF WAY LINE
PROPOSED EASEMENT LINE
NORTH
0 0' 20'
SCALE 1" = 20' FEET
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FOUND"q"
REBAR NO EXISTING EASEMENT
CAP AT NW TO BE ABANDONED DUE
CORNER L0T1 TO RE -ALIGNMENT OF
UTILITIES DURING CONSTRUCTION
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 Stele of Iowa.
For the City of Dubuque
.. (.44.14. IC-- 0(0-/2-20/9
Russell N. 61.1161 Iowa Sc. No. 18126 Date
My license renewal date is December 31, 2020
Pages or sheets covered by this seal: THIS PAGE ONLY
S24° 35' 19"E 3.78'
03,70
S8° `,
03, 01
70. 4.
622q" �0
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FOUND $"
REBAR W/
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in 4016
S77° 51 11"W
14.59
977° 50 46
m
S71° 51 11W
22.65
PERMANENT
WATER MAIN AND SANITARY
SEWER UTILITY EASEMENT
LOT 1
HEFEL PLACE
INST. NO. 10325-91
FOUND i"
REBAR NO
CAP AT SW
CORNER LOT 1
Ny°
LOT 2-19
AUDOBON ADD.
PLAT BK. 8,
PG. 15
y91
y0 110.
118
NOTES:
12° 52' 47"E 2.19'
04
89
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3
NOTE:
THIS SURVEY IS LOCATED IN THE
SE 1/4 SECTION 13, T89N, R2E
(DUBUQUE TOWNSHIP)
OF THE 5TH P.M. IN THE
CITY OF DUBUQUE, DUBUQUE
COUNTY IOWA
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
2. PROPRIETOR OF ABOVE DESCRIBED LOT; CHRISTOPHER M. HEFEL
3. SURVEY REQUESTED BY: CRY OF DUBUQUE, 50 W.1399 5T. DUBUQUE. IOWA
4. THIS EASEMENT PIAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF
RECORD.
CITY OF DUBUQUE
EXHIBIT A - WATER MAIN & SANITARY SEWER UTILITY EASEMENT
COUNTY DUBUQUE PARCEL NO. 1013401022 JOB NO.
PROJECTMARQUETTE SANITARY SECTION 13 TWP E9N RANGE 2E
ROW-FEEN/A EXIST. ROAD N/A PERM. EASEM'T SEE ABOVE
LEGAL DESCRIPTION LOT 1 HEFEL PLACE. CITY OFDUSUQUE. IOWA
OWNER CHRISTOPHER M. HEFEL
Prepared bv: 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. 270-19
ACCEPTING A GRANT OF EASEMENT FOR CERTAIN PUBLIC UTILITIES
ASSOCIATED WITH THE MARQUETTE PLACE SANITARY SEWER & WATER MAIN
RECONSTRUCTION PROJECT, IN THE CITY OF DUBUQUE, IOWA
Whereas, Christopher M. Hefei, has executed a Grant of Easement for Water Main
and Sanitary Sewer Utility across Part of Lot 1 of Hefei Place, in the City of Dubuque,
Iowa; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts
and consents to the Grant of Easement for Water Main and Sanitary Sewer Utility, across
the property as listed above, in the City of Dubuque, Iowa from the property owner as
listed above, copies of which are attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Section 3. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this resolution with said Grant of Easement for Water Main and Sanitary
Sewer Utility, in the offices of the City Assessor, Dubuque County Recorder and Dubuque
County Auditor.
Passed, approved and adopted this 5th day of August 201
Attest:i
D
Firnstahl,�CMC, City Clerk
Roy D. Buol, Mayor
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in
my possession or have access to the records of the proceedings of the City Council. I
do further state that the hereto attached Resolution No. 270-19 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 6th day of August, 2019.
Kev n S. Firnsta I, CMC, City Clerk