Acceptance of Grant of Easement for Sanitary Sewer Utility for Mississippi Heights Subdivision Copyrighted
October 7, 2019
City of Dubuque Consent Items # 18.
ITEM TITLE: Acceptance of Grantof EasementforSanitarySewer Utility
for Mississippi Heights Subdivision
SUMMARY: City Manager recommending acceptance of a Grant of
Easement for a sanitary sewer utility across 360 Mississippi
View Drive owned by Lance L. Marting and Lori A. Marting.
RESOLUTION Accepting a Grantof Easementfor
Sanitary Sewer Utility Across Parts of Lot 1 of Mississippi
Heights Subdivision No. 5 and Lot 10 of Mississippi
Heights Subdivision No. 3, in the Cityof Dubuque lowa
SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Acceptance of Grant of Easement for Sanitary Sewer City Manager Memo
Utility across 360 Mississippi View Drive-MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Grant of Easement Supporting Documentation
Dubuque
THE CITY OF �
uI�AaMca cih
DuB E � �
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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 Sanitary Sewer Utility across Part
of Lot 1 of Mississippi Heights Subdivision No. 5 and Lot 10 of Mississippi
Heights Subdivision No. 3, in the City of Dubuque, lowa
DATE: September 30, 2019
City Engineer Gus Psihoyos recommends City Council acceptance of a Grant of
Easement for sanitary sewer utility across 360 Mississippi View Drive owned by
Lance L. Marting and Lori A. Marting.
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�•A�eriea 6i�
DU B E r ►
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MGISte ieCe On tjZe Mississi i zoo�•zoi2Rzoi3
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TO: Michael C. Van Milligen, City Manager r_ -__.__
' , � �
FROM: Gus F'siho os Cit En ineer �=�" `�, - --
Y , Y J , .. ._:..._-:, ..
DATE: September 27, 2019
RE: Acceptance of a Grant of Easement for Sanitary Sewer Utility across Part
of Lot 1 of Mississippi Heights Subdivision No. 5 and Lot 10 of Mississippi
Heights Subdivision No. 3, in the City of Dubuque, lowa
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a Grant of Easement for
sanitary sewer utility across property legally described as Part of Lot 1 of Mississippi
Heights Subdivision No. 5 and Lot 10 of Mississippi Heights Subdivision No. 3 owned by
Lance L. Marting and Lori A. Marting, common address 360 Mississippi View Drive.
DISCUSSION
In the �rocess of doing �a major reno�ation, the property owner of 36Q Mississippi View
inquired about the proximity of the sanitary sewer and their ability to expand the building
footprint of the structure. It was determined that the existing sanitary sewer was very
close to the existing structure and the existing easement was not adequate in its present
location. After inspecting the sanitary sewer and associated manholes, there was a
significant need to repair the sanitary sewer and replace the manholes. It was decided
that this would be an appropriate time to reconstruct the sanitary sewer in a new location
that would give the City the ability to maintain and repair the sanitary sewer in the future.
The City agreed to relocate the sanitary sewer if the property owner would remove two
mature trees and grant the City a 20-foot easement for the new sanitary sewer. The
easement also allows the City the ability to maintain and repair the sewer in the future.
RECOMMENDATION
The City proposes to acquire a permanent easement created for the purpose of
constructing, operating and maintaining the sanitary sewer across the property. The
grants of easement ar�d plat are shown �n tne attached exhib�t.
I recommend acceptance of the Grant of Easement for Sanitary Sewer Utility across the
property identified on the attached resolution and as shown on the exhibit attached to the
Grant of Easement.
ACTION TO BE TAKEN
I respectfully request acceptance of the dedication of Grant of Easement for Sanitary
Sewer Utility from Lance L. Marting and Lori A. Marting through the adoption of the
enclosed resolution.
Prepared by: Nate Kieffer, PLS
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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. 351-19
ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY ACROSS
PARTS OF LOT 1 OF MISSISSIPPI HEIGHTS SUBDVISION NO. 5 AND LOT 10 OF
MISSISSIPPI HEIGHTS SUBDVISION NO. 3, IN THE CITY OF DUBUQUE, IOWA
Whereas, Lance L. Marting and Lori A. Marting, have executed a Grant of Easement
for Sanitary Sewer Utility across Part of Lot 1 of Mississippi Heights Subdivision No. 5
and Lot 10 of Mississippi Heights Subdivision No. 3, 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 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 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:
Kevir,wS' FirnstahCNfC,y Clerk
ake A. Rios, Mayor Pro Tem
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Doc ID 010367460005 Type GEN
Kind: EASEMENT
Recorded: 10/10/2019 at 01:16:23 PM
Fee Amt: $27.00 Page 1 of 5
Dubuque County Iowa
John Murphy Recorder
F11e2019-00012284
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, LANCE L. MARTING AND LORI A. MARTING, ("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 Mississippi Heights Subdivision No. 5 and Lot 10 of
Mississippi Heights Subdivision No. 3, 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 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.
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.
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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 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 sanitary sewer
utilities thereon or therein.
Dated at Dubuque, Iowa this \ day of 5.9VitO, 2019.
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this day of A.D., 2019 before me, the undersigned,
a Notary Public in and for s.id County, in said State, personally appeared Lori A.
Marting and Lance L. Marting 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 a. t eir voluntary act and deed.
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KERRY JO BRADLEY
Commission Number 808090
MyC.,myis.io , p'res
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Notblic In and Foraid State
Reserved for Recorder
Dubuque
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All -America City
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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 MISSISSIPPI HEIGHTS SUB. NO. 5
AND LOT 10 MISSISSIPPI HEIGHTS SUB. NO. 2,
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'
SAN. MANHOLE
(TYP.)
FD. 1" PIPE
S84° 16'21"E 101.76'(101.63')
W
co z„,
10
SAN. SEWER
Obi
LOT 11 MISS, HTS,
SUB. NO. 2 PER
PLAT BK. 21 PG. 12
FD. 1" PIPE
/-
4�R0.
`ss`PP\� - -�
M\ss�
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
*-(A/11/1- a4 -X6 -20/q
Russell N. Kieffer Iowa Lic. No. 18128 Date
My license renewal date is December 31, 2020
Pages or sheets covered by this seal: THIS PAGE ONLY
NOTES:
LOT 1-1-2-1 MISS.
HTS. SUB. NO. 3 PER
PLAT BK. 23 PG. 140
S84° 16' 21"E 28.53' (28.66')
N75a52'31„w 96.50,(
-� 7=47'41"E
.5
c;?
LOT 10 MISS. HTS.
SUB. NO. 2 PER =oma.
PLAT BK. 21 PG. 120
FD. i" REBAR
W/ CAP
NO. 12631 -,
•
YO.
`RAD. 98.89' (98.89')
\,
:00.
'0
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
2. PROPRIETOR OF ABOVE DESCRIBED LOT: LANCE L. AND LORI A. MARTING
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.
FD. g" REBAR
W/ CAP
NO. 12631
1479°25.25E
5877'
FD. e" REBAR
W/ CAP
NO. 12631
FD. 1" PIPE
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
0
ola
"Icri
0
0
S75°
9
(297 41,
PERMANENT SANITARY
SEWER UTILITY EASEMENT
(20' WIDTH)
CENTERLINE SAN.
SEWER &
20' WIDE EASEMENT
S79° 2
2W 153.6
"-SAN. SEWER
SAN. MANHOLE
(TYP.)
/
(153.67')
LOT 1 MISS. HTS. SUB.
NO. 5 PER
INST. NO. 2009-17784
LOT 2 MISS. HTS. SUB.
NO. 5 PER
INST. NO. 2009-17784
3
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CITY OF DUBUQUE
EXHIBIT A -SANITARY SEWER UTILITY EASEMENT
COUNTY DUBUQUE PARCEL NO.
PROJECT MISSISSIPPI VIEW SAN. SECTION 36
ROW—FEE N/A EXIST. ROAD N/A
LEGAL DESCRIPTION LOT 1 MISS. HTS. SUB. NO. 5
OWNER LANCE L. AND LORI A. MART/NG
JOB NO.
TWP 89N RANGE 2E
PERM. EASEM'T SEE ABOVE
OT 10 MISS. HTS. SUB. NO. 2
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. 351-19
ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY ACROSS
PARTS OF LOT 1 OF MISSISSIPPI HEIGHTS SUBDVISION NO. 5 AND LOT 10 OF
MISSISSIPPI HEIGHTS SUBDVISION NO. 3, IN THE CITY OF DUBUQUE, IOWA
Whereas, Lance L. Marting and Lori A. Marting, have executed a Grant of Easement
for Sanitary Sewer Utility across Part of Lot 1 of Mississippi Heights Subdivision No. 5
and Lot 10 of Mississippi Heights Subdivision No. 3, 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 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 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:
KevirS Firnstahi; `CMC, ofty Clerk
ake 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. 351-19 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.
Ke(iin S. Firnstahl, CMC, City Clerk