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Grant of Easement for Storm Sewer and Storm Water Drainage of McFadden Farm Place No. 6 Copyrighted December 21, 2020 City of Dubuque Consent Items # 13. City Council Meeting ITEM TITLE: Acceptance of Grant of Easement for Storm Sewer and Storm Water Drainage across Walter Development, LLC Property off of Chavenelle Road in Dubuque SUM MARY: City Manager recommending acceptance of a Grant of Easement for storm sewer and storm water drainage from Walter Development, LLC for recently constructed public drainage improvements across Part of Lot 1 of McFadden Farm Place No. 6 in the City of Dubuque, lowa. RESOLUTION Accepting a Grant of Easement for storm sewer and storm water drainage through, under and across part of Lot 1 Of McFadden Farm Place No. 6, in the City of Dubuque, lowa SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type Grant of Easement for Storm Sewer and Storm Water City Manager Memo from Walter Development-MVM Memo Staff Memo Staff Memo Resolution Resolutions Grant of Easement Supporting Documentation Area Map Supporting Documentation Dubuque THE CITY OF � ui-Aseria cih DuB E , . � . , � II � Maste iece on tj2e 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 Grant of Easement for Storm Sewer and Storm Water Drainage across Walter Development, LLC Property off of Chavenelle Road in Dubuque DATE: December 15, 2020 City Engineer Gus Psihoyos recommends acceptance of a grant of easement for storm sewer and storm water drainage from Walter Development, LLC for recently constructed public drainage improvements across Part of Lot 1 of McFadden Farm Place No. 6 in the City of Dubuque, lowa. The City of Dubuque will own and maintain the newly constructed storm sewer and storm drainage channel. 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 Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Dubuque THE CITY OF � AIFAmeeiea Ciq� Du8 E ��,�� r , �� , I I M�ste iece orc the Mississi i z°°'�Z°1Z'Z°13 � pp zoi�*zoi� TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Acceptance of Grant of Easement for Storm Sewer and Storm Water Drainage across Walter Development, LLC Property off of Chavenelle Rd. in Dubuque DATE: December 15, 2020 INTRODUCTION The purpose of this memorandum is to seek acceptance of a grant of easement for storm sewer and storm water drainage from Walter Development, LLC for recently constructed public drainage improvements across Part of Lot 1 of McFadden Farm Place No. 6, in the City of Dubuque, lowa. DISCUSSION As part of a recent Development Agreement by and among the City, Walter Development LLC, and Duluth Holdings, Inc., Walter Development, LLC, was required to construct a short public street and cul-de-sac which intersects with Chavenelle Road in the Dubuque Industrial Center. The cul-de-sac improvements included construction of a storm sewer and drainage channel on City of Dubuque right of way. During construction, the drainage improvements were partially relocated to a mutually beneficial location across the Walter property. The City of Dubuque will own and maintain the newly constructed storm sewer and storm drainage channel. The attached Grant of Easement shows the location of the storm sewer and drainage channel easement across the Water Development, LLC property. RECOMMENDATION I recommend accepting the Grant of Easement for Storm Sewer and Storm Water Drainage through, under and across Part of Lot 1 of McFadden Farm Place No. 6, in the City of Dubuque, lowa, as shown on Exhibit A on the attached Grant of Easement. ACTION TO BE TAKEN I respectfully request acceptance of the Grant of Easement for Storm Sewer and Storm Water Drainage from Walter Development, LLC through the adoption of the enclosed resolution. Prepared by Nate Kieffer, PLS 1 Special Achievement in GIS AREA MAP THE"TYVF i � 2018 Award Winner DUB E Masterpiece on tlie Mi�sis�ippi STORM SEWER AND STORM WATER DRAINAGE EASEMENT - -�� . ;, T _ _ ,,. . .�.,.... _ i�'�' �-� � � - 5955 _ � -- �,�-:. �. � `_�. :�. ' ' � y t,,�s . �� _C ..�� _ ; ��,,�.��.. ��-��, � �^ �r= \� . . ,. ,� . _ . . J � , _ N: 7 ;. ,. .. - � R � ' — .,. ^ � �4 ' s �,'•�o - _ �':, � � ,�a ,.:«- � � - ,� _ , �. > .. , ,��f. ,... � ,. . — �,: �rs; ,�.�... � . a,�F. -�`� �,s ,,,�: � ° .. , a• � = � , � , � . � *;.: �r ,: . _ ._ a, ,. . _. - .. _� . 1 �r� T�� '1 - ,�r.•.x a:.�� r� �i 6 _ � '{ __ h - . „�: �t . 'i. -_... 1_ .,, �r. :: . , ', f . 6000 - -.,�. � - � � � `�� _ � .� .�,_.,..,.,�.,,, '-� ��'`;> �: _5870_ �.. � ,�. ..._.....'. .._ ..`, � 4:'a_ ,, _ _ ,._n,-_ 'b:uque Office of5uisd __ _ -- - 5870 ;• DISCLAIMER:This informa[ion was compiled �s�ing[he Dubuque Area Geographic Informa[ion Sysfem on��s�,wn�n��waes aaca�reacea bv bom me c�v or Map Prepared by: o�b�q�e a�a o�b�q�e co��ty. ¢�s��de�srood mat wn�ie Clt Of DUbU U2 the Ci[y of Dubuque and par[icipa[ing agencies u[ilized fhe Y q r'o�``��e�`a�d a"��a`e�`o�ma`o�a�a�ab�e,oA��s a�d 1 inch = 80 feet Engineering Division �s�PPre,s do�o�wa«a�<<ne a«�,a�v o,��«e��v or�ne \/�/ ��ro�mac�o�o�daca�o�ca��ed ne�e��.rne ccv a�d pamrpan�9 V V � 50 West 13th Street a9e��es sna��oc be ne�a�ab�e ro,a��a,e�c,�a,e�c,��me�ca�, DUbUqUe,IOWa 52001 co sequen[ial,puni[ive,or special damages,whe[her foreseeable or ��ro�e�eeab�e,a�s�9 0��or�ne a��no�aea o��a�cno,aea��e or $0 40 0 80 FeeY PhOne:(563)589-4270 rn�dara o��ne�ab r�v�o�se�n�da�a o�o��or a�v b,ea�n or wa��a�ry wnar�oe�e� Fax:(563)589-4205 Prepared by: Nate Kieffer. City of Dubuque 50 W. 13`h Street Dubuque IA 52001 (563) 589 4270 Return to: Nate Kieffer. City of Dubuque 50 W. 131h Street Dubuque IA 52001 (563) 589 4270 RESOLUTION NO. 366-20 ACCEPTING A GRANT OF EASEMENT FOR STORM SEWER AND STORM WATER DRAINAGE THROUGH, UNDER AND ACROSS PART OF LOT 1 OF MCFADDEN FARM PLACE NO. 6, IN THE CITY OF DUBUQUE, IOWA Whereas, Walter Development, LLC has executed a Grant Easement for Storm Sewer and Storm Water Drainage through, over and across Part of Lot 1 of McFadden Farm Place No. 6, in the City of Dubuque, Iowa. 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 Storm Sewer and Storm Water Drainage through, over and across Part of Lot 1 of McFadden Farm Place No. 6, in the City of Dubuque, Iowa from Walter Development, LLC, 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 21 st of December 2020 Attest:_ Roy D. Buol, Mayor Adrienne Breitfelder, City Clerk Prepared bv: Nate Kieffer, Citv of Dubuque, 50 W. 13t''Street, Dubuque, lowa 52001 (563)589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13�''Street, Dubuque, lowa 52001 (563)589-4270 GRANT OF EASEMENT FOR STORM SEWER AND STORM WATER DRAINAGE 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, WALTER DEVELOPMENT, LLC, ("Grantor"), of Dubuque County, State of lowa, 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, lowa, to wit: Part of Lot 1 of McFadden Farm Place No. 6, in the City of Dubuque, lowa, 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 purposes of a storm water drainage and for constructing and maintaining a storm 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. It is understood and agreed that the Grantee herein shall restore the disturbed area due to the construction, maintenance or repair of said storm 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. To ha�e and to hold unto tl�e said City of Dubuque, lowa, fore�er, and the undersigned da hereby expressly covenant that they are �he owners in fee of said real estate and �ave good right to exec�te this agreement, and that the Grantee, its agents ar contractors, shalf at all #imes have free access to and egress from and over said real estate to maintain ar repair said storrr� sewer utiiify thereon or therein. Dated at Dubuque, lowa this ��' day of �-�,�Z. , 2020. WALTER DEVELOPMENT, LLC By: � Ti ot y W. dge, Member NOTARY PUBLIC STATE OF IOWA, C4UNTY OF DUBUC�UE, SS: � y � , A.D., 2020 before me, the undersigned, On this /�� da ot 1�e.�, a Notary Public in and for said County, in said State, personally appeared %�, c�, � .�l-� to me known ta be the identical person(s) named in and who exe uted the w�thin and foregoing instrument, to which this is attached, and acknowledged that they executed the same as their �oluntary act and deed. .^.�,,,,, Notary Public In� d For Said State i if� �--.[�n� �-° - �,+i,C[i�'�L-E c�_�: ; c� �, i�,.,.' . -- . Y�{ Comrr.issian NurE�ber 715814 ,o,.vr h�y Cumm. Er.p. �-�-Ld1 _ _ _ _ _ Dubuque CITY OF DUBUQUE i � ENGINEERING DEPARTMENT � CITY HALL, 50 WEST 13th STREET {��-America City DUBUQUE, IA 52001-4864 NORTH I 1 / PHONE (563)589-4270 FAX (563)589-4205 l_EGEND Drawn By: RNK Approved By: RNK Dale; 11-30•2020 � PART OF LOT 1 MCFADDEN FARM PLACE NO.6 � 0 0 15' 30' 60' � FOUND IRON ROD/PIPE � CITY OF DUBUQUE,IOWA � ZOOI SCALE 1"=30'FEET , C.I.P.Number. sheetNumber: 1 ot 1 � SET 5/8"REBAR WITH YELLOW PLASTIC CAP#18128 � ;{ R.O.W. RIGHT OF WAY I ��OO.00�� RECORD DIMENSION ! � �� LINE BREAK � � ADJACENT PROPERTY LINE � � i . RIGHT OF WAY LINE � LOT 1 MCFADDEN FARM ` LqT 1 A MCFADQEN p�C� pE� PROPOSED EASEMENT LINE FARM INST. N0. 2020-18Q50 PLACE PER (ALSO SEE AFFIQAVIT � INST. N0. 2020-11555 ��vsT. No. 2020-18462) PROPOSED P�RMANENT STORM SEWER s (A�SO SEE AFFIDAVIT AND STORM VIiATER DRAINAGE EASEMENT � INST. N0. 2020-18462) _, S85° 48'46"E 77.12' (30' WIDTH) L S79° 19' 14"W 10.25' S59° 02' 07"E 43.94' DRAINAGE DITOCH A D E � � PERMANENT STORM SEWER AND STORM WATER DRAINAGE O N s7g� - v d' LOT 1--2 MCFADDEN ao�5p EASEMENT � � FARM PLACE N0. 4 �� (D'M��N��N�y37� - - - � LOT 1 MCFADDEN FARM L � � 1 ��„,�...-`.. M —— � c+� �0 1 ° � PIACE PER � � o Z \ IN�T. N0. 2020-18050 � � •-•-°•�'"'"� ��' CENTERLWE OF NEW (ALSO SEE AFFIDAVIT 0.. ° o STORM SEWER �� INST. N0. 2020-18462) N o.� � S11°19'10"W 25.00' f� � Z \\ � O S32° 35' 50"E 32.82' � � o � � FD.5/8"REBAR� S�8°4p'Sp„ � ¢ W/CAP#12631-� (385� 38.52� EXISTING ROADWAY EASEMENT� �8�4o�5p"E 125, j � 50' � PER INST.NO.2002-1965 � � � � � � S78°40'SO��E � 208.7g'(208.84' � � SE CORNER � S11°19'10"W 25.00' � � ( � LOT 1A MCFADDEN C (DIM. LINE ONLY) � }; FARM PLACE NO.6 AVENE R pA � E � (100� � � NOTES: � (+7 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. ( r 2. PROPRIETOR OF ABOVE DESCRIBED LOT:WALTER DEVELOPMENT LLC �O'W) � - �,_, 3. SURVEY REQUESTED BY:CITY OF DUBUQUE,50 W.13TH ST.DUBUQUE,IOWA - (n 4.THIS EASEMENT PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF I � RECORD. i FD.5/8"REBAR t O W/CAP#21408 i � I L � � I hereby certify lhat lhis land surveying document was prepared and i � 1 A ihe related survey work was performed by me or under my direct I Y vyfvo personal supervfslon and that I am a duly licensed Land C ITY O F D UB U Q U� ( � ��O*�� ''*al�G Surveyor under lhe laws of lhe State of lowa. i � �,�;` "••:�� FortheCityofDubuque �,�T�: EXHIBIT A - SANITARY SEWER UTILITY EASEMENT ! � �; RUSSELL N. �.� I ' KIEFF�R ;� THIS SURVEY IS LOCATED IN THE COUNTY DUBUQUE PARCEL N0. �029309011 JOB N0. f m : 1$128 SW 1 f4 SECTION 29, T89N, R2E ': � , 4. //,, � (auBUQu� �rawNSHip) PROJECT SOUTH HEACOCK RD. SECTION 29 TWP 89N RANGE 2E ; L '�� 1�- l �Z-�UZ�ZC�Z(� OF THE 5TH P.M. IN THE ROW—FEE N/A EXIST. ROAD N/A PERM. EASEM'T SEEABOVE j � �``��••�''+•' CITY OF DUBUQUE, DUBUQUE Q., /OW P Russell N.Kieffer lowa Lic.No.18128 Date LOT 1 MCFADDEN FARM PLACE NO. 6 � My license renewal date is December 31,2022 CQUNTY IOWA LEGAL DESCRIPTION a Pages or sheets covered by lhis seal: THIS PAGE ONLY OW�I E R wALTER DEVELOPMENT LLC