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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 � � 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 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 ► � � � �n MGISte ieCe On tjZe Mississi i zoo�•zoi2Rzoi3 � �� 2017*2019 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 � � 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: Kevir,wS' FirnstahCNfC,y Clerk ake A. Rios, Mayor Pro Tem 11 11 11 11 11 11 11 11 11 11 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. 7.1 (ill kaki- 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. 0 z /ow?, KERRY JO BRADLEY Commission Number 808090 MyC.,myis.io , p'res I' Notblic In and Foraid State Reserved for Recorder Dubuque bald All -America City i r 110 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 \6 l^, 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