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Acceptance of Grant of Easement for Sanitary Sewer Utility Lot 1 of Sara S. and Edward R. Bartels Addition Copyrig hted February 1, 2021 City of Dubuque Consent Items #4. City Council Meeting ITEM TITLE: Acceptance of Grant of Easement for Sanitary Sewer Utility across Ichiban Realty LLC Property at 3187 University Drive in Dubuque SUM MARY: City Manager recommending acceptance of a Grant of Easement for Sanitary Sewer Utility from I chiban Realty LLC for a relocated public sanitary sewer across property at 3187 University Drive. RESOLUTION Accepting a Grant of Easement for Sanitary Sewer Utility through, under and across part of Lot 1 of Sara S. and Edward R. Bartels Addition, in the City of Dubuque, lowa SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type Ichiban Realty Acceptance of Grant of Easement for City Manager Memo Sanitary Sewer Utility-MVM Memo Staff Memo Staff Memo Resolution Resolutions 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 Sanitary Sewer Utility across Ichiban Realty LLC Property at 3187 University Drive in Dubuque DATE: January 26, 2021 City Engineer Gus Psihoyos recommends City Council acceptance of a grant of easement for sanitary sewer utility from Ichiban Realty LLC for a relocated public sanitary sewer across property at 3187 University Drive. 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 � All•Ameeiea Ciq� DuB E �,..,� ; � �,��, I I Mf�St� iece on the Mississi 1 zoa��zoiz•zois � pp zoi�*zoi� TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Acceptance of Grant of Easement for Sanitary Sewer Utility across Ichiban Realty LLC Property at 3187 University Drive in Dubuque DATE: January 26, 2021 INTRODUCTION The purpose of this memorandum is to seek acceptance of a grant of easement for sanitary sewer utility from Ichiban Realty LLC for a relocated public sanitary sewer across Part of Lot 1 of Sara S. and Edward R. Bartels Addition, in the City of Dubuque, lowa. DISCUSSION The property owners are planning to make improvements to their restaurant property at 3187 University Avenue. The proposed improvements include a restaurant building (Ichiban Restaurant) expansion and parking lot expansion. A public sanitary sewer was recently relocated by the owners in order to accommodate the proposed parking lot expansion. The new sanitary sewer construction has been inspected and approved by Engineering Department staff. The City of Dubuque will own and maintain the relocated public sanitary sewer utility. The sewer construction agreement between the City and the property owner requires that owner grants a new utility easement over the relocated sanitary sewer alignment. The agreement also requires the City to vacate the old easement accordingly. The attached Grant of Easement shows the new sanitary sewer easement across Part of Lot 1 of Sara S. and Edward R. Bartels Addition, in the City of Dubuque, lowa. A public hearing to vacate the old sanitary sewer easement will be set in the near future. RECOMMENDATION I recommend accepting the Grant of Easement for Sanitary Sewer Utility through, under and across Part of Lot 1 of Sara S. and Edward R. Bartels Addition, 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 Sanitary Sewer Utility from Ichiban Realty LLC through the adoption of the enclosed resolution. Prepared by Nate Kieffer, PLS 1 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to: Adrienne N. Breitfelder, City Clerk, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4100 RESOLUTION NO. 21-21 ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY THROUGH, UNDER AND ACROSS PART OF LOT 1 OF SARA S. AND EDWARD R. BARTELS ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, Ichiban Realty LLC and the City of Dubuque wish to set forth terms for the construction, maintenance, and replacement of proposed public sanitary sewer utility located in Part of Lot 1 of Sara S. and Edward R. Bartels Addition, in the City of Dubuque, Iowa; and Whereas, Ichiban Realty LLC has executed a Grant Easement for Sanitary Sewer Utility through, over and across Part of Lot 1 of Sara S. and Edward R. Bartels Addition, 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 Sanitary Sewer Utility through, over and across Part of Lot 1 of Sara S. and Edward R. Bartels Addition, in the City of Dubuque, Iowa from Ichiban Realty 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 1st day of February 2021. Roy D. Buol, Mayor Attest: ,, A Adrienne N. Breitfelder, City Clerk Prepared by: Nate Kieffer, Citv of Dubuque, 50 W. 13t''Street, Dubuque, lowa 52001 (563)589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13t''Street, Dubuque, lowa 52001 (563)589-4270 GRANT OF EASEMENT FOR SANITARY SEWER UTILITY 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, ICHIBAN REALTY, 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 Sara S. and Edward R. Bartels Addition, 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 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. To have and to hold unto the said City af Dubuque, lowa, 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. 2 �� ` Dated at Dubuque, lowa this �_day of ��Vc�'� , 2021. � ' ICHIBAN REALTY, LLC ' ,_ � S ��:1 G.��--...�� By: � Yimei Chen, President ' NOTARY PUBLIC ` _ STATE OF IOWA, COUNTY OF DUBUQUE, SS: , ' '" ,�: � On fihis ��.��_� day of ��'"��, A.D:, 202�1 before me, the undersigned, a Notary Pu lic in and for said County; in said State, personally appeared �. �(i ,y�G� : � �r� to me known to be the identical person(s) named .in and who executed the within and foregoing instrument, to which fihis is attached, and ackn�wledged that they executed fihe same as their valuntary act an.�d dse n�-�-�� - �.�.._ Q�Ai�UIb,A 6a�'t3'lB4�OC II"�SP�'F! .. � . � z GpmrNss(on��umb r 7s as5 Notary Public ln and For Said State �ew� A4y Gorr�m, �xp. _ Plat of Sanitary Sewer Easements on: EXHIBIT A Lot 1 of Sara S. & Edward R. Bartels -- -- Addition, in the City of Dubuque, lowa INDEX LEGEND Location: Lot 1 of Sara S.&Edward R.Bartels Addition NW1/4 of Section 27,T89N,R2E of the 5th P.M., Dubuque County,lowa . Requestor:AI Urbain c\o Ichiban Realty,LLC Proprietor: Ichiban Realty,LLC 3187 University Ave.,Dubuque,IA 52001 PREPARED BY: DUE UQUE, IOWA C HONE: (563)5556��43890CUST SIREET, Surveyor: Terry L.Koelker Company: Buesing&Associates,Inc. 1212 Locust St.,Dubuque,IA 52001 Return To: tikoelker@buesing.com (563)556-4389 `�' ,,,� /�' � ,, � � , � // � , `� ��,� \`` ' � ``\ '��/ \`\_ /` // � �J THIS IS AN ASSUMED � `'��, BEARING FOR THE PURPOSES 6.07' �� OF THIS SURVEY ONLY. 1O S � �34 S9, i� f 4?> � PROPOSED 20' 42�42� DETAIL• �' SANITARY SEWER 4Z� NOT TO SCALE . W EASEMENT LOT 1 �� o �'��ARA S. & EDWARD R. BARTELS o�, :� � �� ADDITION � � � ¢"' Z �*(� /�jT�� \\ 20' SANITARY SEWER i� � w w o� � �� \�� EASEMENT PER �i �� 1 I ��6� S(te�� DOC.#6270-02 ��/ i� NQ � oo� �3�•� 4g•�� ,� �, �`� � � i, ;i w /_ � \�\ ?�� ¢� � �� ✓ PROPOSED 20� �� /�� . � m a � � , SANITARY SEWER LAiERAL �� > ��\ \ ,�i %;� N . a�n �� EASEMENT TO SERVICE �/ . o� � LOT 2-1-2-1 �3 �� gs� ��\ �� i 10' SANITARY SEWER �n / ��S� ?�� /i'�_ EASEMENT PER w �c�i J m ` `�� /�• 8' SANITARY SEWE` i �/ DOC.#32062 � �w�w . N j�� ` ITO�yN� EASEMENT PER � i /�� BK 34 PG 98 � �� 7914• � �Mn�� DOC.#32082 ii �1�� 13¢�z ' K' 3 � `�B K 3 4 P G 9 ��i �.,�� ` � i w w�� . �>��,�? !`i�,(� � i i ��\\` ��`` `� 'w a c�w� �g�� :�� `� i� � � `�� o. �via�N �N �� `� � ` / � � \ `\]� \�� JQJ�U �z w �`�� '�-� /i 10� SANITARY SEWER } �� m,, � W ¢�o� RED�� EASEMENT G J \ ' � ��p v¢ia�N �a�- CAP o PER D00.#46596 �� f, m� N O¢¢� Q- 12631 � BK 35 PG 187 �� \` ,, , �W�Z� ^ �'�"ryM 3rnz �� J�� `Y�P2-�'��`F. �w�F �� ¢N�ci �!^<v��Pv �ry ��ma �, ¢w w w � R3'G�Q-Qo�� N N a�N �f'.Q�it`�� ROW . m c� Q.Q-Pv 2�1, ai - 5��V• OQ.�� ORANGE isaso i�o�W AVE. ALUMINUM UNIVERSIN (ROW VARIES) LEGEND � (�N ESSpOTHERWISE NOTED) ■ FOUND 1/2" ROD W/YELLOW CAP J{14417 (UNLESS OTHERWISE NOiED) FOUND 5/8" ROD , __ � (CAP #NOTED) ., .. .. .. . . � FOUND MAGNAIL ' - � � FOUND CUT X � Q' ¢Q' 8O' , 'I F>O� X , NO MONUMENTAIiQN SET � � SCALE: 'IA = 8O� —DLO—DLO— DIMENSION LINE ONLY _ . EASEMENT VACATION AREA PROPERTY LINE _ ROW _ RIGHT OF WAY LINE NOTES IP IRON PIPE . � _ SF SQUARE FEET �'� 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. ( ) RECORD DIMENSION � 2. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. �p�\11111111111//�j�� I HEREBY CERi1FY THAT THIS LAND SURVEYING DOCUMENT WAS �U ES 1 N G \��O,o^�Da,SG�i� OREUNDER MY D ECT PE SONAL 9U ERVISION AND THAT M AM A DULY gNClA'ESRSOANDTSURIYEYORS �_, " G% LICE LAND R UNDER THE LAWS OF TkiE STATE OF IOWA. �ZiZ Locus7 si,DUBUOUE,w �V e TERRY L '�� ' fQ (563)556-4389 \ _�p KOELKER e�_ � �� 2o2?J DRAWN BY: JJL CHECKED BY: TLK � � = 15�� ^ � TERRY L OELKER (DATE) � ' � LICENSE NUMBER 15487 SURVEY DATE: O6/19/2020 PLOT DAiE: 10/16/2020 ��i�o�`°=„ a°'��\ MY LICENSE RENEWAL DA1E IS DECEMBER 31, 2021 - DWG. N0. 20086-Ot SCALE: 1" = SO' ��iii �OWP ��\\\ . ��/1111111111\D��\ SHEETS COVERED BY THIS SEAL: SHEET 1 &2 � � S H E E T 1 O F 3 — �� I �I I �� _;��IERA� NOTES: � �� m m �� I I � � � I L�—�� 1. ALL CONSTRUCTION IS TO BE PER 2020 EDITION OF SUDAS ALONG WITH THE CITY OF DUBUQUE 2020 �;A � �� I � �I�——�� LCAS SUPPLEMENTAL SPECIFICATIONS. � � � Z \ _ � � � W � � �r? I � �C �� srs ce �� '� � �n `� � \ __ \ \ I / � 1\�\�� 'I � .. AVY UTILITY EXCAVATION, SIDEWALK OR DRIVEWAY WORK IN RIGHT OF WAY REQUIRES PERMIT FROM Q U � 20.00' PROP SAN, � � � ��`�� -2��.7g' ,�Z��P� ��8� �� ::I IY LNGINEERING, CALL 563.589.4270. � W SEWER EASEMENT �� i��D��ti=�� 0�� AP�� UBLIC PORTION OF DRIVEWAY SIDEWALK & APPROACH SHALL BE 8" PCC OVER 6" CRUSHED STONE � V � I �� A �� g'CS 12 � _. � ) C� � � � � � � �� Qv�� / � ��anh �� , � � � � �� S�S � / Q.�' ��j'� � � � � � �\� �,�4i� � / � � � �� 70MESTIC WATER SERVICE/FIRE PROTECTION SYSTEM ARE REQUIRED TO HAVE AN APPROVED CROSS (� O �� \ � � � � �� _— � � � � � ..'�VECTION CONTROL DEVICE INSTALLED PER UPC SECTION 603.2J. T1PE OF DEVICE WILL BE � N � � � ��.� � �'� `� �� , � ��Nh —_ . ; ,�,� � � �� ,, I -I 4MWED BY DEGREE OF HAZARD. UPON INSTALLATION A TEST REPORT BY A CERTIFIED BACKFLOW � O X SAN MH 0727 �� ` � -+-�_� �_ �� 3� i � � �� —�, __,'� P '�E`rIE��.T � � � -�BLY TESTER SHALLB E SUBMITTED TO THE CITY OF DUBUQUE WATER DEPARTMENT LOCATED AT 925 (� � RIM 80�.4� , � � � p -7- �-- _ I� �� -�__ _��—� � FRI'ER COURT, DUBUQUE, IOWA 52001 PRIOR TO OCCUPANCY OF THIS BUILDING. THE PRIMARY CONTACT � _ iNv our-�a3,�� ` � V � �, � � _ - � � � �A /1 � � � / / > �� ; �i � �� -j--- �_ � I—� ��\� / � / C�•�ON FOR THE CITY OF DUBUQUE IS CARL PLUMLEY, 563.589.4304. w N 1 � - - ��-1 A�� 20.00' PROP. SAN �c�P � O� �, � � �� ! � �� SEWER EASEMENT �I( I �I�I ` � � � ALL EXTERIOR LIGHTING SHALL HAVE 7Y CUTOFF LUMINARIES- LIGHTING SHALL HAVE 1 FOOT CANDLE � �� '� � .�V � � I �9•�� V �� - �� / � 'ROPERTY LINE AND RIGHT OF WAY I _y�' V AA _� , � � w V _z E- E �E'.I NT�� y`�� OPSOIL SHALL BE STOCKPILED FOR USE W FINAL GRADING- TOPSOIL SHALL BE PRESERVED AND - �� / L�FREAD IN ALL AREAS NOT COVERED BY BUILDMG, CONCRETE, ASPHALT, GRAVEL OR OTHER SUCH � O O a � ' �� _ � � ��v�� - R2.00' � -�--r�- �� /� -E�in�. c� N c� .�i � � ��.N i � � � � , � _�� a��bF�24.o0' I � � � �� / �e- � / w O O O � � � I \ � � / . aLL DISTURBED AREAS NOT BEING RE-DISTURBED FOR 21 DAYS MUST BE STABILIZED WITH � " ' ' � � - � � , , � --- �� ;� �� I �� FVI'ORARY OR PERMANENT MEASURES WITHIN 14 DAYS. Q � � � ENCLOSURE SEE �I � \ � � � � � �� / � � � � �'� � � / � / Q� / � r'� N TRASH �� i �` � SE�R = b'CGETATION IS TO BE PRESERVED IN ALL AREAS OUTSIDE OF THE GRADMG LIMITS. ' � � � � � � �� PROP SAN �� / � �' / � O 10' 20' 40• � � o� �_ _ �� / 20 00 ARCHITECT�U�R�� g�Q _ � SI EASEMENT �� s� ��H 01961 _ � O O $` \ �LET PROTECTION TO BE USED ON ALL INLETS DURING CONSTRUCTION_ � ��cJ ------_ � „ . � � � , � = 10. TOPSOIL SHALL BE STRIPPED AND STOCKPILED AND RESPREAD NEAR PROJECT COMPLETION_ �ti:� , _ _ \�� _r / �� 8�. 3 1" 20' (22"x34") � s �'� _ � �� i i � ��58 0 � � ��,� � � �� 00 � _ _ 11. SITE SHALL BE FINAL SEEDED AND MULCHED AT COMPLETION OF CONSTRUCTION. � � �� ` � e o - c ts 1» _ 40' (11"x17") � � F� - � _-��'y �� i xi�i SnN / 5 � � �, � �O- L ,� �� y,�� I � '� I `�.NI A- � � �� I- ANY NEW CONNECTIONS TO THE PUBLIC SANITARY SEWER SYSTEM SHALL BE MSPECTED BY THE CITY � � - � � �,�p � � �� '� ��ll�"� �� '�� C= DUBUQUE BUILDING SERVICE DEPARTMENT AND/OR ENGWEERING DEPARTMENT, PLEASE CALL � w w � \ C�. F y � �y� �� \ �/ -P � � �� l I 71NG SERVICE DEPARTMENT'S JASON MOURING ON 563-589-4150 OR CITY ENGINEERING ON _ 5 � � � � � �?F �� ," � 1 ��A � / �� F�,,-589-4270 WITHIN 48 HOURS OF CONNECTION TO ARRANGE FOR INSPECTION. �� m�� \ � �� ? � I � CTL I C�\ 24.00�� ' ��4/y�� c� / / �� 1�. MARK OR SET PROPERTY MONUMENTS CONTROLLING CONSTRUCTION AND MAINTAIN THROUGHOUT �H � ��° � �'� r� �� \ � 67 �� - _ � / � / / � •vslRucrioN PERio�. Q � �,�_' G— � ° ' � Ro�rioe RncK �,�,� / / � W __�-- 9 ` e r. �� \�� U � G� q � / CGAL DESCRIPTION: PIN�. 1027326001 WO �r�� i /p� G- �_ ��XF A� b' I I�'. o o � � I FOR�MIN.BICYCLES �g � � �� \ �- GU ��` � � � ��\�X SAN MH 01960 LOT 1-1-2-1 SARA S AND EDWARD R BARTELS PLACE AT CENTER GROVE AND �� o u�� . � . C� IM=7I88-34 PIN_ 1027177006 Q w cj I � �INy/IN=778-97 w z R20.00�� I I Z LOT 1 OF SARA S AND EDWARD R BARTELS ADDITION N I � �� '� I INV OUT=77S.69 BOTH IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA � N � � w w J � �� .84' � � � m Q��k,� - � �' �r<or-�r<T� owv-�: � � I� I� Q�J � / � I � IC�P.AN REALTY, LLC w � wl � �� i -, I ,' I � S1S/ UNIVERSITY AVE �� ' � �� UIL I�N ` ��ns� c c ouE, ia szoo� / 1 i � .�6:�.8a5-0698 �� s.zs�� DD T�O TEPs CO � ,19.16� ��.86,��' / � I SEEARCH.PLANS � .T �RC�: I� ' 20.78� � � FOR DETAILS � w0�,/� � _ / � � FFE 80�50 � N hX:I�G � �1 � � / (MATC E IS �� "CS.S63 S� = 242 AC TOTAL � ��, � 3 Z i� �� I � � � 5,693 SF BUILDINGS(3.59 COVERAGE) �� J � 79,902 SF DRIVE WALKS � �' � � _. / (28-4%DRNES) TOTAL IMPERVIOUS- 31_9% �W � � � �j� 4A0 � /',773 SF GREEN (68.19 PERVIOUS) � O � f��F� �d� �� . / / ��.,.r� \ � � , �i�� 16.42': !-n � �s,s��s s = 2.a2 aC rora� � o r%� �� RAILING � SW % �� _�-�Fj�� 6,203 SF BUILDINGS(5.99 COVERAGE) U W � � � S�ARCH.PLANS¢' _� � �- _ -� SW � 76,896 SF DRNE�WALKS (25.59 DRNES) TOTAL IMPERVIOUS- 31_4% W 0 �� FOR DETAILS / � �� I W \ , �� — — 2,269 SF GREEN ( .69 PERVIO ) � � J �Z ' � _ � "_ � C� � / 68 US � Q �N °2�7e' �sic�� 61.13' — � 45'01"W 103.30 � � ,r, 20.44'- �— 585� e—E_ /A ��j �� _/� � � 1�gZ' � - i r,isi�hr_�-r, aRea- 36,om sF = o.a2 nc � � �Q � � � PP W�� GREEN� I ' 'GREEN i � S � ,0[� � F' /� II �jP�J�45 �� 12.1 � � O� y_ � �E� ELOCATE R_f'.,=-� �UASTRUCTION SCHEDULE Z - :, �_�� 6.95' EXISTWG E�-G V CONSTRUCTION�. AUGUST, 2020 � m Q� �0 PED [ II � � E _. UTILITIES .JM�_ETE CONSTRUCTION:NOVEMBER 2Q 2020 �j I � GRASS ,� / � � �� ' � sw w � � N77°14' '�/ 6.6� --- ,�,��'�F$�+1 - � �,<krn n�> >ROPoseo zoNiNc- o m r - � '-'�o scn� � � �o� gyy —=�r- SW �Fyw �� ___ __ -- C3 - GENERAL COMMERCIAL m Q i„�� H WSB �� — � ' ` GAS 6"BH= � � .A�DSCAoT�G RFC�U�REMENTS W W—W W W W W—W—W G�� iOVIC- 4 TREES AND 6 SHRUBS PER CITY OF DUBUQUE UNIFIED DEVELOPMENT CODE �G G—G—G—G—G--G--G--v—�—� 7EQUIRED PERMEABLE AREA: 20%OF 2Q940 SF = 5,988 SF UNIVERSITY AVE PATCHSTREETASNECESSARYFOR �,988 SF / 1,600 = 4 DECIDUOUS TREES SHALL BE MINIMUM OF 1 � WCH CALIPER ATER SERVICE REMOVAL _ � MATCH EXISTING PAVEMENT/STONE TVPE � � AT 6"ABOVE BASE ANDTHICKNESS _ � *CONIFEROUS TREES SHALL BE A MINIMUM HEIGHT OF 6 FEET � � "T<CC 3�QUIREMENT IS OFFSET BY EXISTMG TREES ON NORTH SLOPE TO REMAIN W Q J 5,988 �1,000 = 6 SHRUBS � � � Q SHRUBS SHALL BE AT LEAST 18 INCHES HIGH OR IN A MINIMUM OF 3 GALLON POT � 3 LANDSCAPING PLAN TO BE PROVIDED BY OTHERS � � � � O � � PARKING REQUIREMENTS �I REQUIRED'. W � RESTAURANT SEATS: 155 I � @ 1 STALL PER 4 SEATS= 39 STALLS REQUIRED � � Q � STORMWATER BMPs EMPLOYEES ON MAXIMUM SHIFLIO m � 1) PRESERVE EXISTING TREES �1 STALL PER EMPLOYEE = 10 STALLS REQUIRED � � 2) INSTALL A SNOUT BMP IN NORTH WLET TOTAL REQUIRED STALLS- 49 � � � PROVIDED�. — 3 ADA STALLS 55 sro srn��s �WG.#20086-01 58 TOTAL C�.00 Doc ID: 010670930005 Type: GEN Kind: EASEMENT Recorded: 02/02/2021 at 03:48:36 PM Fee Amt: $27.00 Paqe 1 of 5 Dubuque County Iowa John Murphy Recorder F11e2021-00001903 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13'h 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 Ten and 00/100's Dollars ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, ICHIBAN REALTY, LLC, ("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 Sara S. and Edward R. Bartels 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. XT C)0 X C o-F 1).,�6 - sneer i h 5 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. a� (1 Dated at Dubuque, Iowa this �� day of _ %6tn 2021. ICHIBAN REALTY, LLC Yimei Chen, President NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this j— day of A.D., 2021 before me, the undersigned, a Notary Pu lic in and for said County, in said State, personally appeared yi Nli unen 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 deems P L cHsrsc"T Notary Public In and For Said State Commission i'lumb t 75 295 z. • My Comm, EX; .4 Plat of Sanitary Sewer Easements on: EXHIBIT A Lot 1 of Sara S. & Edward R. Bartels Addition, in the City of Dubuque, Iowa INDEX LEGEND Location: Lot 1 of Sara S. & Edward R. Bartels Addition NW1/4 of Section 27, T89N, R2E of the 5th P.M., Dubuque County, Iowa Requestor: Al Urbain c\o Ichiban Realty, LLC Proprietor: Ichiban Realty, LLC 3187 University Ave., Dubuque, IA 52001 Surveyor: Terry L. Koelker Company: Buesing & Associates, Inc. 1212 Locust St., Dubuque, IA 52001 Return To: tlkoelker@buesing.com (563) 556-4389 PREPARED BY: BUESING h ASSOCIATES DUBUQUE. IOWA PHONE: THIS IS AN ASSUMED BEARING FOR THE PURPOSES OF THIS SURVEY ONLY. ;S: 1212 LOCUST STREET, 556-4389 PROPOSED 20' DETAIL SANITARY SEWER '?i NOT TO SCALE m EASEMENT LOT 1 o / SARA S. & EDWARD R. BARTELS Cr / ADDITION 20' SANITARY SEWER i z EASEMENT PER /•"� / �\ S �� DOC.# 6270-02 �4g� PROPOSED 20' N IL SANITARY SEWER LATERAL N N EASEMENT TO SERVICE r-� LOT 2-1-2-1 10' SANITARY SEWER n a / \J• \ �� EASEMENT PER N,y N 8' SANITARY SEWER i �� DOC. 32082 �4. W N /r b EASEMENT PER �� BK 34 PG 98 o ¢ N 7OTa 14' / DOC.# 32082 ii (1 i 3Q i M' 3 BK 34 PG 9T. ce � z w '�-/ i�i 10' SANITARY SEWER rT - 0 p � cw� o � R ;; � EASEMENT G J @ V) W O i a Z i PER DOC.# 46596 r, mW a 3 a Q 12631 13 BK 35 PG 187 ` Q (vh ! ,tlazm � QUAao�o R, F' V'l w�E 0Vi(L i t�a� vve`� p yNO N O,Ih�,PGm ��, vi w<W ., aiQv�c�� ROW m0 _0 2'L N ORANGE " IDOT ALUMINUM UNIVERSITY AVE- (ROW VARIES) LEGEND • FOUND 1" IRON PIPE (UNLESS OTHERWISE NOTED) ■ FOUND 1/2" ROD W/YELLOW CAP #14417 (UNLESS OTHERWISE NOTED) ® CAPO OTEDOD ( N ) FOUND MAGNAIL ® FOUND CUT X 0' Q. 80' 160' X NO MONUMENTATION SET SCALE: 1" = 80' —DLO—DLO— DIMENSION LINE ONLY EASEMENT VACATION AREA PROPERTY LINE SOW _ RIGHT OF WAY LINE IP IRON PIPE SF SQUARE FEET ( ) RECORD DIMENSION V TERRY L J' KOELKER .0 15487 �OWP, NOTES 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS UESING PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME fiJASSOCIATES INC. OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT 1 AM A DULY ENGINEERS AND SURVEYORS LIc LAND OR UNDER THE LAWS OF ESTATE OFIOWA. y, j� 1212 LOCUST 6-4J89 UE, IA /7A 583 5 TERRY L. OELKER (PATE) DRAWN BY. JJL CHECKED BY: LICENSE NUMBER 15487 SURVEY DATE: 06/19/2020 PLOT DATE: 1 MY LICENSE RENEWAL DATE IS DECEMBER 31, 2021 IDWG. NO. 20086-01 SCALE: 1" SHEETS COVERED BY THIS SEAL : SHEET 1 do 2 SHEET 1 OF 3 Prepared by: Nate Kieffer City of Dubuque 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to: Adrienne N. Breitfelder, City Clerk, 50 W. 13t' Street, Dubuque, IA 52001 (563) 589-4100 RESOLUTION NO. 21-21 ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY THROUGH, UNDER AND ACROSS PART OF LOT 1 OF SARA S. AND EDWARD R. BARTELS ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, Ichiban Realty LLC and the City of Dubuque wish to set forth terms for the construction, maintenance, and replacement of proposed public sanitary sewer utility located in Part of Lot 1 of Sara S. and Edward R. Bartels Addition, in the City of Dubuque, Iowa; and Whereas, Ichiban Realty LLC has executed a Grant Easement for Sanitary Sewer Utility through, over and across Part of Lot 1 of Sara S. and Edward R. Bartels Addition, 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 Sanitary Sewer Utility through, over and across Part of Lot 1 of Sara S. and Edward R. Bartels Addition, in the City of Dubuque, Iowa from Ichiban Realty 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 1st day of February 2021. A , (Y &.",7 Roy D. Buol, Mayor Attest: 4Z'�/Z Adrienne N. Breitfelder, City Clerk CERTIFICATE of the CITY CLERK STATE OF IOWA SS: COUNTY OF DUBUQUE ) I, Adrienne N. Breitfelder, City Clerk, 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. 21-21 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 2"d day of February, 2021. Adrienne N. Breitfeld r, City Clerk ' JSEAW x `` k a1� PtrF;'t ,a • 1 (' C �+ d