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Acceptance of Grants of Easement for Sanitary Sewer Utility Improvements (Cedar Lake/E. 15th Addition) Copyrighted October 7, 2019 City of Dubuque Consent Items # 17. ITEM TITLE: Acceptance of Grants of EasementforSanitarySewer Utility as Part of the Cedar Lake - East Fifteenth Addition Public Improvement Project SUMMARY: City Manager recommending acceptance of the dedication of Grants of Easement for Sanitary Sewer Utility over part of Lot 3 of Mineral Lot 221 , and part of Lot 11 of Cedar Lake Addition as part of the Cedar Lake — East Fifteenth Addition Public Improvements Project. RESOLUTION Accepting Grants of Easementfor Sanitary Sewer Utility Associated with the Cedar Lake - East FifteenthAddition Public Improvements in the Cityof Dubuque, lowa SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt Resolution(s) ATTACHMENTS: Description Type Acceptance of Grants of Easement for Sanitary Sewer City Manager Memo Utility in Cedar Lake-MVM Memo Staff Memo Staff Memo Resolution Resolutions Grant of Easement Dolphin Supporting Documentation Grant of Easement Cedar Lake Supporting Documentation Final Plat 15th Addition Supporting Documentation Area Map 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 Grants of Easement for Sanitary Sewer Utility as Part of the Cedar Lake — East Fifteenth Addition Public Improvements Project DATE: September 30, 2019 City Engineer Gus Psihoyos recommends City Council acceptance of the dedication of Grants of Easement for Sanitary Sewer Utility over part of Lot 3 of Mineral Lot 221, and part of Lot 11 of Cedar Lake Addition as part of the Cedar Lake — East Fifteenth Addition Public Improvements Project. 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 Dubuque THE CITY OF � A�•Aset�a Cib DUB E � �� . � I � � 1� Mc�ste ZeCe OYl tlZe MTSSZSSt t zoo��2oiz•zoi3 �P �p Zol�*zolg TO: Michael C. Van Milligen, City Manag r FROM: Gus Psihoyos, City Engineer ,_ , ��' DATE: September 27, 2019 RE: Acceptance of Grants of Easement for Sanitary Sewer Utility as Part of the Cedar Lake — East Fifteenth Addition Public Improvements Project INTRODUCTION The purpose of this memorandum is to seek acceptance of a Grants of Easement for Sanitary Sewer Utility over part of Lot 3 of Mineral Lot 221, in the City of Dubuque, lowa and part of Lot 11 of Cedar Lake Addition, in the City of Dubuque, lowa as part of the Cedar Lake — East Fifteenth Addition Public Improvements Project. DISCUSSION On September 16, 2019 the City Council passed Resolution 333-19 approving the final plat of Cedar Lake— East Fifteenth Addition, in the City of Dubuque. This phase is an expansion of the existing Cedar Lake Subdivision off of Lake Ridge Drive and includes six residential lots and a short private cul-de-sac road (Windmill Court). The new subdivision phase plans also include public water and sewer extensions to serve the new lots. The developers, Pristine Properties, LLC, will construct the public improvements to City Standards and then dedicate them to the public once inspected. The water main extension will be located within the private street right of way which was also platted as a public utility easement. The sanitary sewer extension alignment will cross two private properties outside of the new phase of the subdivision and therefore new easements are needed. The City proposes to acquire permanent easements created for the purpose of owning, operating and maintaining the sanitary sewer main across the properties. The property owners have executed the grants of easement and plats which are shown on the attached exhibits. RECOMMENDATION I recommend accepting the Grants of Easement for Sanitary Sewer Utility across the properties identified on the attached resolution and as shown on the exhibits attached to the Grants of Easement. ACTION TO BE TAKEN I respectfully request acceptance of the dedication of Grants of Easement for Sanitary Sewer Utility through the adoption of the enclosed resolution. DUS E AREA MAP DAG IS ,� o�e�Q�E�aER��aAP��,��aMa,�ovs.,,E� Masterpiece on the Missi�sippi ..\ � � r �,� �x�./. .. a �� ,. �� . 1 ��µ . �� :.., ��' , /'�,.`` �� ti, ,� � `'� x. i . r s.,� r i �-�; �,. � , � %�; � ��"y' �� >. � r il�� t' , �'\ � r � , i� :'��'-� �� '"�' ;' �. �4. ' .,tUHK LHKE - � �° ' � '`,�; � y � � - :, '` �.. �� EAST FIFTEENTH . ,��;;;� ;Y;} � ��, , y � i `k.;� .J D IT I O N �;, , � �",�, , ;, � ��' , i .�" — �: �:,,, ��*, ��.. �.r' � , :,,' �" > �r� � � � r ��W� � ' R.. 't`• .. / t� . '� ..,- �xn' %�. �.� �'d t ,f ( $ x ,�{� � p � I.-'�4.� �,. l �� -..'�: � J`� 'i ��. ,,, " x �'f"� : ,a. . `Qr� , 'w;,'; �,/ / .;, 7� �� /.b,� - a ' � ;Rr � '�•. .. . . . . , „ . �,r;' • .. . 'r ` �j. / � C. � . '��.,. / �t - `' ,. ,�� ,�/�� % ` ! � 4 j � �� . ''-s / �;,;�5%- � � 'e� ( �' ,��` � � �� / ��';,+ ..� � �� . � � � r� � - �". � ,�.,. ; ��` 1�°'`" ' .�� , _ ��. ;.+� ,,,: '` ' ,� �� r '� ;-T C �' � .l �� '� � ' t � �� i s A p'-,�. i. kr 1�� t�� 't'fi� �'' � � ' �',� fi �' O �� - � �� =� � ' .� ��;,' � `r " r D Ir `� r j � �, � �� = � � s-�� - �'". \ �C�Y��p� �> �'�� s��,.•, r}', / .;'/ ' '�� ` ,�* ' � *';..r� ei�k '� � �.�� <�. �� y 4'� 1 '.�,� '6�Y ..:� ��..L/ _.. � j� �`� 4+ ' ' . p+ . ...>'S� +b�. � s �i <L '�.�i 1/. ��f � �� ., " x ��_ �- . - ri .. � �d'�{�''4�, �' 1... �M' �� ,�'• y � ��. ' .� '� � y 7,�`� ,//F;I� �� 'Y�� .T. . ,�' � . � 1�~` #F. � h f/ . . _ . d, . � . �/�.'� �.'h o '�I't r .�J �d y� � _ � �� . _;� w,.�'l +k �?�� ;, , .a � `�;� S ' �� ' �� ,�_� _ ��!,�y. ` �;, i �� '; p��. . � .i° ,,.. .. � ' '4+ C;. �,�� =ASEMENT AREA � � � �a� �� `:�,�' ��.'�`. � (� f �,c` _ . . �� ,a��- y,�''� ��,�r � , :,:�; �;: "`��g#�, .d � #.�� ' - �� `�4 YT r, �} '"_"� .. I1A y �� h'til�_r �..��: �� / / �� DISCLAIMER:Thls Informatlon was complled �sing the Dubuque Area Geographlc Informatlon SVstem oAcis�,wnid,md�d�dar��eaeed ev eom me cin oF � Map P�epa�ed by: o�e�a�e a�d o�e�a�e co��N. ie is��de�srood mae,wnue me ciev oF o�e�q�e a�d pa�eidpaei�g age�d��ewzed me City of Dubuque mo��,��e�ca�d a��ce��fo�mac�o�a�auabie,oA��s a�d 1 inch = 100 feet Engineering Division ie�s�,vvue�s do�oe wa��a�e me a��a�v o��e��v of ine mr��maeio�o�dar��o�eai�ed ne�em rne ciev a�d Pa�ei�iPaei�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 damae�,wneme�ro��eaeie o� ��eeaeie,a��s��g o�e oF me a�eno��zea o��a�mo��zea��oF 100 50 0 100 Feet Phone:(563)589-4270 mis daea o�me i�aewev eo��mis daea o�o�e oF a�v e�ea�n oF wa��a�ry wna�oe�� 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. 350-19 ACCEPTING GRANTS OF EASEMENT FOR SANITARY SEWER UTILITIY ASSOCIATED WITH THE CEDAR LAKE -EAST FIFTEENTH ADDITION PUBLIC IMPROVEMENTS, IN THE CITY OF DUBUQUE, IOWA Whereas, Dean J. and Catherine J. Dolphin have executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 3 of Mineral Lot 221, in the City of Dubuque, Iowa; and Whereas, Cedar Lake Corporation has executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 11 of Cedar Lake Addition, in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grants of Easement for Sanitary Sewer Utility, across the properties as listed above, in the City of Dubuque, Iowa from the property owners 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. The City Clerk be and is hereby authorized and directed to record a certified copy of this resolution with each said Grant of Easement Sanitary Sewer Utility, in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 7th day of October 2019. Attest: Kern S. Firnstalif, Mt, City Clerk Jake A. Rios, Mayor Pro Tem 9 h � I� i Prepared by:Laura Carstens, City PlannerAddress: City Hall, 50 W. 13th St.Telephone:563-589-4210 � Return to: Kevin Firnstahl, City Clerk Address: City Hall,50 W. 13th St.Telephone:563-589-4100 � N RESOLUTION NO. 333-19 � 1 A RESOLUTION APPROVING FINAL PLAT OF CEDAR LAKE — EAST FIFTEENTH i) ADDITION, IN THE CITY OF DUBUQUE, IOWA �I� i Whereas, there has been filed with the City Clerk the Final Plat of Cedar Lake — j East Fifteenth Addition, in the City of Dubuque, lowa; and ' � ;� Whereas, upon said Final Plat appears a private street to be known as Windmill ,I Court (Lot A), with certain public utility easements, which the owner by said Plat of i; Survey has dedicated such easements to the public forever; and �,'; ; Whereas, the Final Plat has been examined by the Zoning Advisory Commission li and had its approval endorsed thereon; and ;I Whereas, said Final Plat has been examined by the City Council and they find that �I it conforms to the statues and ordinances relating to it, except that no streets or public u utilities have yet been constructed or installed. � NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF � �lJ�lJ(�lJ E, 101ii/A: a 4 a Section 1. That the dedication of easements for public utilities, as they appear upon i said Final Plat, be and the same are hereby accepted. Section 2. That the Final Plat of Cedar Lake — East Fifteenth Addition is hereby i approved, and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, lowa upon said Final Plat, provided the owners of said property herein named, execute their written acceptance hereto � attached agreeing: (a)To reduce the private Street of Windmill Court (Lot A) to grade and to hard surface with asphaltic concrete, and concrete curb and gu#t�r, a!! ir� acccrdanc� w9th th� City �f D�buqiae star�dard specifications, in conformance with construction improvement plans approved by the City Engineer for a private street. (b)To install public sanitary sewer mains and sewer service laterals into each individual lot, public water mains and water service laterals into each individual lot, private storm sewers and catch basins and erosion control devices all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, I and in accordance with the construction improvement plans approved 'i by the City Engineer, and inspected by the City Engineer. The private j street shall be maintained by the owners and/or homeowners' , association. � (c) To construct said improvements, prior to two (2) years from the i' date of acceptance of this resolution, at the sole expense of the owners, � or future owner. � (d.)To maintain the private street improvements and private ' storm sewer improvements outlined in (a) and (b) above forever. '� '� (e)To maintain the public water main and sanitary sewer I improvements, for a period of two (2) years from the date of the i acceptance of those improvements by the City of Dubuque, iowa, at the ', sole expense of the owners, or future owner. . � (f) City will maintain and repair the City owned water and sewer �i utilities under the private street within the easement granted by the Developer within the development property. City will not be responsible for the restoration of the private street pavement after maintenance and ' repair of the City owned water and sewer utilities under the private ; street. � I �� And, further provided that said Pristine Properties, LLC as owner of said � property, shall secure the performance of the foregoing public water main , provided in this Section by providing guarantees in such form and with such �;� sureties as may be acceptable to the City Manager of the City of Dubuque, j lowa, '� � � i Section 3. That the Deveioper, Pristine Properties, LLC, mus� construct and � maintain erosion control devices in the development which control erosion and I prevent sediment from leaving the site according to all applicable local, state and federal requirements and in accordance with the construction improvement plans approved by the City Engineer. � Section 4. That the Developer, Pristine Properties, LLC, shall acquire any and all public sanitary sewer easements required for the sanitary sewer extensions as shown on the construction improvement plans approved by the City Engineer. Prior to the City releasing the final subdivision plat for recordation, permanent public sanitary sewer utility easements shall be granted by the applicable property owners to the City of Dubuque in a form acceptable to the City. Section 5. That the final acceptance of all public improvements shall occur upon certification of the City Engineer to the City Council that sanitary sewer and watermain improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by City Council Resolution. � � � � 3 a « I� Section 6. That in the event Pristine Properties, LLC fails to execute the � acceptance and furnish fihe guarantees provided in Section 2 hereof within 180 days � after the date of this Resolution, the provisions hereof shall be null and void and the � acceptance and approval the plat shall not be effective. i ,� Passed, approved and adopted this 16th day of Septe ber 2019. � ,i � Roy D. �uol, Mayor ;i ';i Attest: ; ..�_-. .�� .� . �,� ��..... il 1�,..: � �: � ,�� ' Ke�n S. Firnstahl, City Clerk '�i � j; I1 � �� ,� � � � � �i „ � �,i �� I� __ i � !� � � a � � u ACCEPTANCE OF RESOLUTION NO. -19 I, the undersigned, Dave Webber, representing Pristine Properties, LLC, having read the terms and conditions of the Resolution No. -19 and being familiar with the conditions thereof hereby accept this same and agree to the conditions required therein. Dated in Dubuque, lowa this day of 2019. By Dave Webber Pristine Properties, LLC State of lowa ) ) ss: County of Dubuque ) On this day of 20 , before me, a Notary Public in and for said state, personally appeared Dave Webber, to me known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public in the State of lowa My Commission expires: iNoex �cruo F�In I PIC1t Of' SURVEYED PERIMETER �' 0 I ro*n�aee. soeao sr�a.ae ,. �Y^ � ' " � , OF CEDAR LAKE — EAST FIFTEENTH ADDITION, �£ ^ � a ` �o„ IN THE CITY 0� DUBUQUE, IOb'VA. � k,��a La.mprisetl aC LOi 1-2 ANO LOi 2-2 OP CE�PR LAKE - En$i iHIRiEENi�. A9DIilON, lm i�.1E CIiT OF �VBl10UE IOYIq. � - � �,. e. i4e.im, ... .�m��(ssq sw nes E 85 lo eio« cuavE onrn �Y��06 � z.��v= P coavc "�'c'�caa �.eno�us s�rn 3ooe�= �I — I csn�a wa<oo. na��z.z'[ns o�(z s oo„os z oa c ns I assz ae.c 'oe'sa' „Y5= � � t .v')f ssz( . )U ros'so) a=„a-: r esse �Oq� c x r��s» e 5o so.00' ces asz'o' ( O) 00'� )(SSR' �) £ - ord�� % I SCALE 1" = 60' c 3 xasaess e( 5)O�so'll o t r�os'1 ��, ...- 5.. Q`S? � i� p0+� � C a rv6l"o]] E 3 ].0' 19 fi 5'S ' Y .. °�FE° 0' 30' 60' rz UPaoo')fz U�sssz) �a � � ^iO � �O'c,�FOE � cs x�vo �e s.00' eae o' g �v° m � �g� zy - � c c isez.xm �aa � ��so,)t�s o'� 'ao ) s� � �- �J �'� LOT 1 0 � C 5'�CS 3 3. ]5] 2 � ` M1 CELMRLPKE EPSi CFO. R[�n�0. P 5't 3fi 3 ]05' 3]53 63' . '^� IECNM T00. Z�.Z3Z SF OB 3 ]O50 J55 JEYOR e./�// � 'y//V n'ry � 5]]3R] ]4 050 ]09 ] yJQ .� � od' Q^ C 0 3 .5 ] 65 593 a- ✓/// � � l 6-3� D S.� 0 3 d' �.3 �zi3 �� `�. try S]]a02 FI 40' 3 9b 5] ' � u, ep R B S'36 ]d.00' fi Sfi � ^x e � �P �'> <� c rviozs oe �e.00' a o'sor : , y`N.e +'� xao fe'' Sss'.a- �-o°�'S,ti. .. °°{acoo,o: W``u' - rossm�.e'wm sz.so' �iu<a' mc�n�ar . 3�n� �a. 'o ; �,, '- , i o ; • _; c i5n ^�s � ..w , _ W o-i Nm�rzre �ox caso' �...a. qn9 'a„oc V;' % �', J6 --"__'___ _ gc -ua xz+'.ras-w zo r saso svr s : a ;� �'' •n' "m. � n -"'---' LOT 2 o-uc nnzes9 w �nir sx.sa > >vasro� I=,s�. ,..,o� -- l �9� sssorea' ss.00' � �0` �` , 3'c,]99 SF F e .� e 6 - � y E 96.>� � � o ` n _599'll:]6l% v C `� � i /� o n��'+ ` [`�� ry V p a0 ) uI9=.80' �,'� 7'A�J � _ � 4. 589']I'� � � ♦ v 5 - - �6 � �� i`` i � ' i �b oYO 5 _ _ N� �tl� ¢I - ana 5 � n ur3 W�c2T � � o ��`I ` ¢oo J ______ �'�„% H � m ___ u e � _ o i y o rC � , i 5855]'10"E Ii6,50' 1�` o � ) c �IYB� - 5 \ v~ Pii�n00 �n a+r ________ fi�S �V r i � /' �� 0� L .ic� o'n�. y � ____ INE�ni+ O r uc , LOT A - }-- --,, ��`ce��'� �,� u,�e ee.r.ixc �cmc.v ° - = W � 3�� ,��' `10,I23�SF N - �o's� �� ' u es��ie'ir. s.ss' (+vr) ��'o`o �ym� � ksnJwFtbrvOfF ` t] xl]51']5"E ]5.]5' (]5.35) �� - -� LOT 6 �v „y ' .� e naess cAscn�e��. o� o H�r�e'nre i.ix' tu.ia�� _ �s � �s,�z� sF ; S �. �:>.a.aw �s» �65,� p�o _ \ ^'99 ,�, i'x �P O� LOT 3 �s sxrse'arw ao.ao' pl � �xro °esE� ��o�g`r�s__ = � �� 22,9905F —,\,z JE s,o ,� �P P� �30.>ss..„ ; " - �'� m � ��s+� '"s LEGFND m€ yZ - ' �N`� °/��QP_�� e�ou i vma • s/e' c(rouxol ¢O . cEo+� isaav �� ccFvsr,waco'is�ar "w� �� o w , ��: LOT S � �, -��L ' g� oH��°ores�rouoEo�9>s�� _ � � i � 2Q222 s= o � 1'�1 �ao� F�� LOT 4 - s M�Ao�"x �<ooro) - � a w a � � sse • aaoFeary vcN(�o�rvo) � a Q x I 0 L p I].�8� SF s0 91 s vE oveoven�nF sear � JZ W �BI 3 ~ � ( ) ER. �E50 I� NZ�W � �y 7 s/e e oo(>nceo) 9 � �¢r � N J (((+ � '�6 3 OC x� /G GE C �PMiEO p� Q. S,,/ J^� �3'W�6b.� fE�5.t l/.ME<...0. p�E PLB 'iL tt E SE.Ni U V' �" ) !wJ-e. saa� o � � � W �50 (6B. ') c�6 -� E U L E .E Y ��s -v. � sdsx _v x s' xx-sx lve�a'1 �s w c e seu¢n. � Q � ..��. �� sr¢ s o�.0 s¢�ie�as«�¢�+. s��_r � .ticnao��rza, � or 4 11 11 01011 11 110011 11 11 1111 Doc ID: 010367480005 Type GEN Kind: EASEMENT Recorded: 10/10/2019 at 01:17:47 PM Fee Amt: $27.00 Page 1 of 5 Dubuque County Iowa John Murphy Recorder Fi1e2019-00012286 Prepared bv: 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 SANITARY SEWER UTILITY 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, CEDAR LAKE CORPORATION, an Iowa Nonprofit Corporation, ("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 11 of Cedar Lake Addition, 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 a sanitary sewer utility 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 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. brj 2� jie.K" 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 sanitary sewer main utility. 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 sanitary sewer utility thereon or therein. Dated at Dubuque, Iowa this /3day of ! , 2019. CEDAR LAKE CORPORATION By: Nicks' Ryan, its President NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this 0-14-k day of c "TM, A.D., 2019 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Nick Ryan 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. tivoqd, 4004 JESSICA HENTGES Commission Number 800778 My Commission Expires December 13, 2019 Public In and Foid State PREPARED BY: BUESING & ASSOCIATES ADDRESS: 1212 LOCUST STREET, DUBUQUE, IOWA 52001 PHONE (563) 556-4389 EXHIBIT A PUBLIC SANITARY SEWER EASEMENT: ACROSS BLOCK 11 OF CEDAR LAKE ADDITION, I\ THE CITY OF DUBUQUE, IOWA. INDEX LEGEND Location: Block 11 of Cedar Lake Addition, in the City of Dubuque, Iowa NE1/4 & NW1/4 of Section 34, T89N, R2E (Dubuque TWP) of the 5th P.M., Dubuque County, Iowa Requestor: Dave Webber Proprietor: Cedar Lake Corporation 420 Banak Ct. / Dubuque, IA 52003 Surveyor: Terry L. Koelker Company: Buesing & Associates, Inc. 1212 Locust St., Dubuque, IA 52001 Return To: tlkoelkertbuesing.com (563) 556-4389 10„1 / 6i / O\ I \ I 1 N\03 \ L-. \ LOT 1-2 I_ T a\ CEDAR LAKE — EASTIn 1 SSS E \\ THIRTEENTH ADDITION 10.--..1.4'' 1 i\ 1 0,1 I ��\\ \ '\h 13 I 10 • 82> \\ ss c(3‘, I p 1 ,....1<5.).. A. -Iv A- I P I ,AS7, --� 1 u1 1 � I' �568 % S88'32'39"W iv) 1 \' 8 X / 9�168.75' (168.99') I 1 I 65.60' ' ' �N, 52.83' `!�I 50.32 ril— 15487 SCALE 1" = 60' 0' 30' 60' o BLOCK 11 R CEDAR LAKE LOT 2-2 CEDAR LAKE — EAST THIRTEENTH ADDITION t 9761 S6 N82.59'55"E 225.52' (226.14') LOT 3 MINERAL LOT 221 BLOCK 11 CEDAR LAKE ADD. cp r<i 60 0D 0) 60 03 O 12631 BLOCK 2 CEDAR LAKE ADD. NO. 2 NOTES 1. ALL MEASUREMENTS. ARE IN FEET AND DECIMALS THEROF. 2. THIS PLAT IS SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD. \\\\\\\\!IAN pUl/ij to ""cam _ U" TERRY L. O- 210 KOELKER 0 E " 15487 * o " *' /////%I O I I� 11 U\\A 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. 9/ " 1117 TERRY L. ELKER (DATE) LICENSE NUMBER: 15487 MY LICENSE RENEWAL DATE IS DECEMBER 31, 2019 SHEETS COVERED BY THIS SEAL : THIS SHEET ONLY LEGEND • 5/8" REROD (FOUND) 15487 W/ ORANGE CAP STAMPED "15487" 12631 .W/ RED CAP STAMPED "12631" ® IRON T—BAR (FOUND) 9761 W/ CAP STAMPED "9761" ® MAG/PK NAIL (FOUND) • 1" IRON PIPE (FOUND) PROPERTY LINE EXISTING EASEMENT LINE ---- EASEMENT LINE RECORD DIMENSION XTG EXISTING SSE SANITARY SEWER EASEMENT .1111661110. SHEET TITLE PLAT OF PUBLIC SANITARY SEWER EASEMENT BLOCK 11, CEDAR LAKE ADD. PROJECT NO. 19183 PREPARED FOR: PRISTINE. PROPER11ES LLC c/o DAVE AND JEAN WEBBER 24992 248TH ST. CASCADE, IA 52033 UESING ASSOCIATES INC. ENGINEERS AND SURVEYORS 1212 LOCUST ST, DUBUQUE. M (563) 556-4389 DATE REVISIONS DRAWN BY: 9/4/2019 9/6/2019 COMM NTS TPL SCALE: CHECKED BY: SEE BAR SCALE TLK 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. 350-19 ACCEPTING GRANTS OF EASEMENT FOR SANITARY SEWER UTILITIY ASSOCIATED WITH THE CEDAR LAKE -EAST FIFTEENTH ADDITION PUBLIC IMPROVEMENTS, IN THE CITY OF DUBUQUE, IOWA Whereas, Dean J. and Catherine J. Dolphin have executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 3 of Mineral Lot 221, in the City of Dubuque, Iowa; and Whereas, Cedar Lake Corporation has executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 11 of Cedar Lake Addition, in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grants of Easement for Sanitary Sewer Utility, across the properties as listed above, in the City of Dubuque, Iowa from the property owners 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. The City Clerk be and is hereby authorized and directed to record a certified copy of this resolution with each said Grant of Easement Sanitary Sewer Utility, in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 7th day of October 2019. Attest: 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. 350-19 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 9th day of October, 2019. Kevin S. Firnstahl, CMC, City Clerk 11 IIIIIIIII 11111111 111111111 Doc ID 010367470005 Type GEN Kind: EASEMENT Recorded: 10/10/2019 at 01:17:05 PM Fee Amt: $27.00 Page 1 of 5 Dubuque County Iowa John Murphy Recorder F11e2019-00012285 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 SANITARY SEWER UTILITY 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, DEAN J. DOLPHIN AND CATHERINE J. DOLPHIN, ("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 3 of Mineral Lot 221, 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 a sanitary sewer utility 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 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 sanitary sewer main utility. 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 sanitary sewer utility thereon or therein. Dated at Dubuque, Iowa this STATE OF IOWA, COUNTY OF DUBUQUE, SS: L5.1r4 i` day of B By: , 2019. Dean J. Dolphin NOTARY PUBLIC On this 13 '^ day of , A.D., 2019 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Catherine J. Dolphin and Dean J. Dolphin to me known to be the identical person(s) named in and who executed the w' hin and foregoing instrument, to which this is attached, and acknowledged they executed the same as their voluntary act and deed. CHAD BREITSPRECKER Commission Nu : be 78 Dg My Comm. Exp. otary Public In and For Said State PREPARED BY: BUESING & ASSOCIATES ADDRESS: 1212 LOCUST STREET, DUBUQUE. IOWA 52001 PHONE: (563) 556-4389 EXHIBIT A PUBLIC SANITARY SEWER EASEMENT: ACROSS LOT 3 OF MINERAL LOT 221, IN THE CITY OF DU3UQUE, IOWA. Location: Requestor: Proprietor: Surveyor: Company: Return To: INDEX LEGEND Lot 3 of Mineral Lot 221, in the City of Dubuque, Iowa NE1/4 & NW1/4 of Section 34, T89N, R2E (Dubuque TWP) of the 5th P.M., Dubuque County, Iowa Dave Webber Dean J. & Catherine J. Dolphin 3158 Cedar Cross Ct. / Dubuque, IA 52003 Terry L. Koelker Buesing & Associates, Inc. 1212 Locust St., Dubuque, IA 52001 tlkoelker@buesing.com (563) 556-4389 15487 z 0 co 0o coO 0 976 W1 \a(1 LOT 1-2 co CEDAR LAKE — EAST \1 THIRTEENTH ADDITION 1 S• • 54/ ` I 20' SSE 13 j`-10' 1 I Io I I Io I I to I /1,- S88'32'39"W j 0) gQS9'N.:168.75 (168.99') AbilW 1hkg1 J 65.60' ` 'N. 52.83 v.! 50.32' �A 118.43,,6.7 SCALE 1" = 60' 0' LOT 2-2 CEDAR LAKE — EAST THIRTEENTH ADDITION 30' • ( BLOCK 11 CEDAR LAKE ADD. 60' cV tom°' 5, 9761 o BLOCK 11 R CEDAR LAKE , 56 N82'59'55"E 225.52' (226.14') LOT 3 MINERAL LOT 221 -J BLOCK 11 CEDAR LAKE ADD. .42' 1 10' N W 0) SSE 1263 BLOCK 2 CEDAR LAKE ADD. NO. 2 —.1 4'58'51"W 8.44' NOTES 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEROF. 2. THIS PLAT IS SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD. 00t. AND �liii"//,, _ �� O ° TERRY L. .-4.S. =3 ill KOELKER X 15487 ITcc, °° °�0W0 //, 111111111\\\V 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. ill TERRY L. OELKER (DATE) LICENSE NUMBER: 15487 MY LICENSE RENEWAL DATE IS DECEMBER 31, 2019 SHEETS COVERED BY THIS SEAL : THIS SHEET ONLY • 15487 12631 El 9761 ■ ( XTG SSE LEGEND 5/8" REROD (FOUND) W/ ORANGE CAP STAMPED "15487" W/ RED CAP STAMPED "12631" IRON T—BAR (FOUND) W/ CAP STAMPED "9761" MAG/PK NAIL (FOUND) 1" IRON PIPE (FOUND) PROPERTY LINE EXISTING EASEMENT LINE EASEMENT LINE RECORD DIMENSION EXISTING SANITARY SEWER EASEMENT O '1 SHEET TITL PROJECT 1 NO. 19183 PLAT OF PUBUC SANITARY SEWER EASEMENT LOT 3 OF M.L 221 PREPARED FOR: PRISTINE PROPERTIES LLC c/o DAVE AND JEAN WEBBER 24992 248TH ST. CASCADE. IA 52033 UESING Ai ASSOCIATES INC. ENGINEERS AND SURVEYORS 1212 1=3171 . U6U9UE, Lk 5-4369 DATE REVISIONS DRAWN BY: 9/4/2019 PER CNT]TY 9/6/2019 TPL COMME SCALE: CHECKED BY: SEE BAR SCALE TLK 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. 350-19 ACCEPTING GRANTS OF EASEMENT FOR SANITARY SEWER UTILITIY ASSOCIATED WITH THE CEDAR LAKE -EAST FIFTEENTH ADDITION PUBLIC IMPROVEMENTS, IN THE CITY OF DUBUQUE, IOWA Whereas, Dean J. and Catherine J. Dolphin have executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 3 of Mineral Lot 221, in the City of Dubuque, Iowa; and Whereas, Cedar Lake Corporation has executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 11 of Cedar Lake Addition, in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grants of Easement for Sanitary Sewer Utility, across the properties as listed above, in the City of Dubuque, Iowa from the property owners 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. The City Clerk be and is hereby authorized and directed to record a certified copy of this resolution with each said Grant of Easement Sanitary Sewer Utility, in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 7th day of October 2019. Attest: Ke ern S. FirnstahM, City Clerk " . Jake A. Rios, Mayor Pro Tem 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. 350-19 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 9th day of October, 2019. Kern S. Firnstahl, C C, City Clerk