Acceptance of Storm Water Impoundment Easement from Gary Valentine / Timber-Hyrst Subdivision No. 4City of Dubuque
ITEM TITLE:
SUMMARY:
SUGGESTED DISPOSITION:
Copyrighted
March 2, 2020
Consent Items # 12.
Acceptance of Storm Water Impoundment Easement from
Gary Valentine in Timber-Hyrst Subdivision No. 4
City Manager recommending acceptance of a Grant of
Easement for Storm Water Impoundment from Gary
Valentine as part of the Timber-Hyrst Estates No. 4 Project.
RESOLUTION Accepting a Grant of Easement for Storm
Water Impoundment Easement through, over and across a
part of Lot 1 of Valentine Place No. 3, in the city of
Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description
Timber-Hyrst Estates No. 4 Acceptance of Storm
Water Impoundment Easement from Gary Valentine-
MVM Memo
Staff Memo
Resolution
Grant of Easement
Exhibit A
Type
City Manager Memo
Staff Memo
Resolutions
Supporting Documentation
Supporting Documentation
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Timber-Hyrst Estates No. 4 - Accept Storm Water Impoundment
Easement from Gary Valentine
DATE: February 25, 2020
Dubuque
bitil
All-A.aia City
111111
2007.2012.2013
2017*2019
City Engineer Gus Psihoyos recommends City Council acceptance of a Grant of
Easement for Storm Water Impoundment from Gary Valentine as part of the
Timber-Hyrst Estates No. 4 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
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager •
FROM: Gus Psihoyos, City Engineer _ •, ��
Dubuque
All•Ameriea City
2007.2012.2013
2017*2019
SUBJECT: Timber-Hyrst Estates No. 4 - Accept Storm Water Impoundment Easement from Gary
Valentine
DATE: February 24, 2020
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a Grant of Easement for Storm Water
Impoundment from Gary Valentine as part of the Timber Hyrst Estates No. 4 project.
DISCUSSION
As part of the approved construction plans for Timber-Hyrst Estates No. 4, certain improvements
associated with the extension of Creekwood Drive will be located on property owned by Gary Valentine.
These improvements include parts of certain road culverts, slope embankments, and storm water
impoundment areas. As required in Resolution No. 181-14, the developer of Timber Hyrst Estates No.
4, North Cascade Road Developers, LLC, was required to secure easements from Mr. Valentine for
said improvements to benefit the City of Dubuque and allow for future maintenance activities.
Recently, the Developer has proposed to improve an area of Timber-Hyrst Estates No. 4 in a different
way that was originally planned. This change in use will cause additional storm water runoff, requiring
the previously constructed storm water impoundment area to be expanded to accommodate the
additional flow.
The attached easement shows the expanded easement locations over and across Lot 1 of Valentine
Place No. 3 in the City of Dubuque. The property is owned by Gary Valentine.
RECOMMENDATION
I recommend accepting the Grant of Easement for Storm Water Impoundment through and across Lot 1
of Valentine Place No. 3 in the City of Dubuque, Iowa, as shown on the attached Easement Exhibit.
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolution accepting the Grant of Easement for Storm
Water Impoundment from Gary Valentine.
Prepared by Nate Kieffer, PLS
cc: Deron Muehring, Civil Engineer
John Klostermann, Street & Sewer Maintenance Supervisor
Prepared by: Russell N. Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Russell N. Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 67-20
ACCEPTING A GRANT OF EASEMENT FOR STORM WATER
IMPOUNDMENT EASEMENT THROUGH, OVER AND ACROSS A PART OF
LOT 1 OF VALENTINE PLACE NO. 3, IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA
Whereas, Gary Valentine has executed an Easement for Storm Water
Impoundment, and Other Appurtenances through, under and across Lot 1 of
Valentine Place No. 3, in the City of Dubuque, Dubuque County, 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 Grant of Easement for Storm Water Impoundment
Easement through, over and across Lot 1 of Valentine Place No. 3, in the City of
Dubuque, Dubuque County, Iowa from Gary Valentine, a copy of which is
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.
Passed, approved and adopted this 2nd day of March 2020.
D. Buol, Mayor
Attest:
Ate
Ke in S. Firnstahl, MC, City Clerk
I/II/IIII//I/IllhII/I///I1/II///I/II/I/I/IIllhI/I///I/Ij/II//!II///IIjI/III/JII/
iii iiiei aiis isei Doc ID: 010446940005 Type: GEN
Kind: EASEMENT
Recorded: 03/04/2020 at 04:12:01 PM
Fee Amt: $27.00 Page 1 of 5
Dubuque County Iowa
John Murphy Recorder
Fi1e2020-00002664
Prepared by Buesing & Assoc. Inc., 1212 Locust St., Dubuque, IA 52001, (563) 556-4389 -101,17.2 6,577
Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 `�
GRANT OF EASEMENT
FOR STORM WATER IMPOUNDMENT
For good and valuable consideration, the receipt whereof is hereby
acknowledged, the Grantor:
Gary Valentine
11429 Edval Lane
Dubuque, IA 52003
of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby
grant, and convey to the CITY OF DUBUQUE, IOWA, a municipal corporation, its
agents and contractors as follows: an easement in perpetuity, from the date hereof,
through, under and across a portion of the following described real estate situated in
Dubuque, Iowa, to wit:
Lot 1 of Valentine Place No. 3, in the City of Dubuque, Dubuque County, Iowa
Said easement shall be as shown on the attached EXHIBIT A. Easement "D"
shall be for the purpose of temporarily impounding storm water during 100 year or less
frequency storm events, along with the ability to remove fallen trees and other possible
obstructions. All other maintenance shall be the responsibility of the Grantor and heirs.
It is understood and agreed that the City of Dubuque shall be responsible for all
future maintenance and repair of impoundment area improvements and all associated
costs therewith, and that the City of Dubuque shall not be responsible for the installation
of any new field fencing.
The City of Dubuque, its agents or contractors shall at all times have free access
to and egress from and over said permanent Easement "D" as shown on the attached
EXHIBIT A, to maintain or repair said improvement thereon or therein. Such access to
and egress from said permanent Easement "D" shall be from Creek Wood Drive, and
through existing Easement "A" as shown on the attached EXHIBIT A.
Grantor shall not erect any structure over or within the easement area, except for
fencing, as detailed below, without obtaining prior written approval of the City Engineer.
Grantor shall not change the grade, elevation, contour, or perform any
construction or excavation that will interfere with the volume of storm water
impoundment.
Grantor acknowledges that although the easements for impounding storm water
have been designed for the 100 year storm event, there will be from time to time storms
which are greater than the 100 year storm event and storm water will need to be
impounded beyond the platted easement.
To have and to hold unto the said City of Dubuque, Iowa, in perpetuity, 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 City of Dubuque, its
agents or contractors, shall at all times have free access to and egress from and over
said permanent Easement D area as shown on the attached EXHIBIT A to maintain or
repair said improvement thereon or therein.
Dated at Dubuque, Iowa this I/ day of
Gary Valentine
, 2020.
STATE OF IOWA, COUNTY OF DUBUQUE, SS:
On this l day of taiorika.rt ` 2020, before me, the
undersigned, a Notary Public in and for said County, in salt] State, personally appeared
Gary Valentine 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
ey executed the same as their voluntary act and deed.
AA A kV' 0474
rotary Public In and For Said State
0711 s , Cx i,,ez0 -11l>%Z )ZZ.
PREPARED BY: DUESING & ASSOCIATES
ADDRESS 1212 LOCUST' STREET. DUBUQUE. IOWA 52001 PHONE: (563) 556-4389
PLAT OF EASEMENT:
ACROSS A PART OF LOT 1 OF VALENTINE PLACE NO. 3,
IN THE CITY OF DUBUQUE, IOWA.
DUBUQUE COUNTY
--CrTY ur-DUBUQUE-
LOT A OF LOT F
TIMBER-HYRST ESTATES #4
SCALE 1" = 60'
Q
30' 60'
EXHIBIT "A"
N87'59'01"E 655.08' (655.11')
N-OR-T-I--CASCA-BE ROAD -( ROW)-
N89°17'38"E 622.20' (622.25')
118.23' 1> 60
12.04'
100 YR. STORM EVENT
CALCULATED WATER LEVEL 735.01
EASEMENT "D"
STORM WATER
IMPOUNDMENT h
EASEMENT
ZQ
LEGEND
PROPERTY UNE
- - CENTERLINE
RIGHT OF WAY (ROW)
EMOTING EASEMENT UNE
EASEMENT ENE
(CREATED WITH THIS PLAT)
RECORD DIMENSION
ml 443.97'
LOT A OF LOT G
TIMBER-HYRST ESTATES #4
N 87°34' 58"E I 13.(
221.98'
N18'36'53"E
'9.
5137'33.513"E I'a
26.82'
EXISTING
EASEMENT "B"
STORM WATER
IMPOUNDMENT
EASEMENT
(SEE FILE
#2014-00006261)
NOTES
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEROF.
2. OWNER & PROPRIETOR OF:
LOT 1 OF VALENTINE PLACE #3:
Valentine, Gory / 11429 Edval Ln. / Dubuque, IA 52003
3. LOT 1 OF VALENTINE PLACE #3 IS LOCATED IN BOTH THE NW1/4 AND SW1/4 OF
SECTION 3, TBBN, R2E, OF THE 5TH P.M., DUBUQUE COUNTY, IOWA.
4. THIS PLAT IS SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD.
N88'55'31"E
38.42'
EXISTING
EASEMENT "A"
ROADWAY EMBANKMENT,
STORM SEWER, AND
STORM WATER
IMPOUNDMENT
EASEMENT
(SEE FILE
#2014-00006261)
LOT 1
VALENTINE PLACE NO. 3
N10'52'35"W
13.0
SHEET TITLE
PROJECT
NO. 13025
PLAT OF EASEMENT
PREPARED FOR:
NORTH CASCADE DEVELOPERS LLC.
10 MARTY MCNAMER
5070 WOLFF ROAD
DUBUQUE. IA 52002
ASSOCIATESIINC.
ENGINEERS AND SURVEYORS
1212 LOCUST ST, DUBUQUE, IA
(563) 556-4300
DATE
REVISIONS
DRAWN BY:
12/17/2019
1/13/2020
TPL
SCALE:
CHECKED BY:
SEE BAR SCALE
Prepared by: Russell N. Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Russell N. Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 67-20
ACCEPTING A GRANT OF EASEMENT FOR STORM WATER
IMPOUNDMENT EASEMENT THROUGH, OVER AND ACROSS A PART OF
LOT 1 OF VALENTINE PLACE NO. 3, IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA
Whereas, Gary Valentine has executed an Easement for Storm Water
Impoundment, and Other Appurtenances through, under and across Lot 1 of
Valentine Place No. 3, in the City of Dubuque, Dubuque County, 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 Grant of Easement for Storm Water Impoundment
Easement through, over and across Lot 1 of Valentine Place No. 3, in the City of
Dubuque, Dubuque County, Iowa from Gary Valentine, a copy of which is
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.
Passed, approved and adopted this 2nd day of March 2020.
y D. Buol, Mayor
Attest:
Ke - in S. Firnstahl, MC, City Clerk
STATE OF IOWA
CERTIFICATE of the CITY CLERK
) 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. 67-20 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 3rd day of March, 2020.
evin S. Firnstahl, CI\C, City Clerk