Loading...
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 � uI�AaMca cih DuB E � � I � � I Maste iece on the Mississi i Zoo�•zoiz•zois YP pp zoi�*zoi9 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 � �u�a���c�a DUB E ' � I � � la MI�St� iece on the Mississi 1 zoo��zoiz�2oi3 �K' pP zoi�*Zai9 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 10 Ask 1yg. °‘ yy9 S24° 35' 19"E 12.57' 40' 0-n 3 30 • 0 �1yg 1109 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 s FOUND $" REBAR W/ CAP N0. 4016 AT NE CORNER LOT 1 6D FOUND`g" REBAR W/ N CAP NO. 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 tO Lo▪ . 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