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Grant of Easement for Water Main Utility over Schneider Property as part of Simpson-Southgate Water Main Extension ProjectCity of Dubuque City Council Meeting Consent Items # 17. Copyrighted July 19, 2021 ITEM TITLE: Acceptance of a Grant of Easement for Water Main Utility over James L. Schneider and Sharon M. Schneider Property in Dubuque, Iowa, as part of the Simpson -Southgate Water Main Extension Project SUMMARY: City Manager recommending acceptance of a Grant of Easement for Water Main Utility across James L. Schneider and Sharon M. Schneider property being part of the Lot 1-1-1 of Potterveld Place, in the City of Dubuque, Dubuque County, Iowa, as part of the Simpson -Southgate Water Main Extension Project. RESOLUTION Accepting a Grant of Easement for Water Main Utility through, over and across part of Lot 1-1-1 of Potterveld Place, in the City of Dubuque, Dubuque County, Iowa SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type Schneider Grant of Easement for Water Main Utility- MVM Memo Staff Memo Resolution Grant of Water Main Utility Easement Area Map City Manager Memo Staff Memo Resolutions Supporting Documentation Supporting Documentation THE C Dubuque DUUB_-_*._TE *Awiu Ciq 1I. ' I�� iece on the Mississippi Masterpiece PP zoo�•zoi 2-2013 zoi7*2019oi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of a Grant of Easement for Water Main Utility over James L. Schneider and Sharon M. Schneider Property in Dubuque, Iowa, as part of the Simpson -Southgate Water Main Extension Project DATE: July 13, 2021 City Engineer Gus Psihoyos recommends City Council acceptance of a Grant of Easement for Water Main Utility across James L. Schneider and Sharon M. Schneider property being part of the Lot 1-1-1 of Potterveld Place, in the City of Dubuque, Dubuque County, Iowa, as part of the Simpson -Southgate Water Main Extension Project. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF DUB E Masterpiece on the Mississippi TO FROM: Michael C. Van Milligen, City Manager Gus Psihoyos, City Engineer DATE: July 12, 2021 Dubuque AII•ANINCi Cily 2007-2012.2013 2017*2019 RE: Acceptance of a Grant of Easement for Water Main Utility over James L. Schneider and Sharon M. Schneider property in Dubuque, Iowa as part of the Simpson - Southgate Water Main Extension Project INTRODUCTION The purpose of this memorandum is to seek approval and acceptance of a Grant of Easement for Water Main Utility across James L. Schneider and Sharon M. Schneider property being part of the Lot 1-1-1 of Potterveld Place, in the City of Dubuque, Dubuque County, Iowa as part of the Simpson -Southgate Water Main Extension Project. BACKGROUND There are currently water mains located on Simpson Street and Southgate Drive. However, the water mains dead end at the easterly terminus of Southgate Drive and the westerly terminus of Simpson Street, which said dead ends are only several hundred feet apart. DISCUSSION The Water Department is proposing a project which will connect the two dead end water mains in an effort to reduce the large number of water main breaks that are occurring in this area as well as to provide redundancy in the water distribution system. RECOMMENDATION I recommend accepting the Grant of Easement for Water Main Utility from James L. Schneider and Sharon M. Schneider across part of Lot 1-1-1 of Potterveld Place, in the City of Dubuque, Dubuque County, Iowa, as shown on the attached Grant of Easement document to facilitate the construction of the Simpson -Southgate Water Main Extension Project. ACTION TO BE TAKEN I respectfully request acceptance of the Grant of Easement for Water Main Utility from James L. Schneider and Sharon M. Schneider through the adoption of the enclosed resolution. Prepared by Nate Kieffer, PLS cc: Chris Lester, Water Department Manager Brant Schueller, Water Distribution Supervisor Jesse Bernhardt, GIS Specialist Prepared by: Nate Kieffer, City of Dubuque, 50 W. 131' Street Dubuque iA 52001 (563) 589-4270 Return to: Adrienne N. 8reitfelder. City Clerk City of Dubuque, 50 W. 13"' Street. Dubuque, IA 52001 563 589-4121 RESOLUTION NO. 248-21 ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN UTILITY THROUGH, OVER AND ACROSS PART OF LOT 1-1-1 OF POTTERVELD PLACE, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, James L, Schneider and Sharon M. Schneider, have executed a Grant of Easement for Water Main Utility through, over and across part of Lot 1-1-1 of Potterveld Place, in the City of Dubuque, Dubuque County, 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 Water Main Utility through, over and across part of Lot 1-1-1 of Potterveld Place, in the City of Dubuque, Dubuque County, Iowa as shown on the Grant of Easement for Water Main Utility, from James L. Schneider and Sharon M. Schneider, 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. Section 3. The City Clerk is hereby authorized to and directed to record this resolution and Grant of Easement for Water Main Utility with the Dubuque County Recorder. Passed, approved and adopted this 19th day of July, 2021. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 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. 13'h Street, Dubuque, Iowa 52001 (563)589-4270 GRANT OF PERMANENT EASEMENT FOR WATER MAIN UTILITY For and in consideration of the Four Thousand Three Hundred Seventy and 00/100 dollars ($4,370.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, James L. Schneider and Sharon M. Schneider ("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 1-1-1 of Potterveld Place, in the City of Dubuque, Dubuque County, 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 water main 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. 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 water main 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 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 water main utilities thereon or therein. Dated at Dubuque, Iowa this day of ()IG%_, , 2021. STATE OF IOWA, COUNTY OF DUBUQUE, SS: By: Ja es L. Schn Ider Sharon M. Schneider NOTARY PUBLIC 101 <s, SAMANTHA PAIGE GLOVER i ,a Commission Number 829488 QM Commission Expires . /QN,p. Y On this day of ' , A.D., 2021 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared James L. Schneider and Sharon M. Schneider 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 deed. A Notary Public In d F r Said State O N O 00 c� co Ln O O N L0 17 0 CO c� T >N O Lt7 L m Q� Y Z m t�6 a� CL Dubuque CITY OF DUBUQUE ENGINEERING DEPARTMENT KEEM CITY HALL, 50 WEST 13th STREET AII-America City DUBUQUE, IA 52001-4864 t ' PHONE (563) 589-4270 FAX (563) 589-4205 Drawn By: RNK Approved By: RNK Date: 06-18-2021 ® PART OF LOT 1-1-1 OF POTTERVELD PLACE, CITY OF DUBUQUE, IOWA 2007 C.I.P. Number: Sheet Number: 1 of 1 NORTH 0 10' 20' 40' SCALE 1" = 20' FEET FD. 1.25" PIPE -1 NW CORNER LOT 1-1-1 POTTERVELD PLC. (_0o � CO � c9 Co 00 co CO Sov1\AG O � . O•v FD. 1.25" PIPE 1.03' NE OF R.OW. CORNER ON WEST LINE LOT 1-1-1 POTTERVELD PLC. —� LOT 1 SOUTHGATE PER PLAT BK. 24-326 LOT 1-1 EDES HTS. PER PLAT BK. 22-184 PERMANENT WATER MAIN UTILITY EASEMENT (20' WIDTH) 2,580 SQ. FT. �v 53 S N16° 26' 08"W 20.00' O O- do N08° 12' 46"W 20.21' �::�go.42�N16° 26' 08"W 20.00' rho 33, 52 ER�PS�MEN slow S39aA-93 EX\S�\NG2 PE \NSA , 133 5p'i S73 I hereby certify that this land surveying document was prepared and ')L�R: 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 Stale of Iowa. For the City of Dubuque RUSSKIEF181Russell N. Kieffer Iowa Lic. No. 18128 Date My license renewal date is December 31, Jay j Pages or sheets covered by this seal: THIS PAGE ONLY LOT 1-1 EDES HTS. PER PLAT BK. 22-184 NOTES 0 N 0 LO 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2. PROPRIETOR OF ABOVE DESCRIBED LOT: JAMES L. SCHNEIDER AND SHARON M. SCHNEIDER 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. NOTE: THIS SURVEY IS LOCATED IN THE NW 1 /4 SECTION 35, T89N, R2E (DUBUQUE TOWNSHIP) OF THE 5TH P.M. IN THE CITY OF DUBUQUE, DUBUQUE COUNTY IOWA / FD. 1.25" PIPE @ SW CORNER LOT POTTERVELD PLC. �5 S� 30 33 / S�3 �5 33 3 5� 31 FD. 1.25" PIPE o�N.l Sig LEGEND 0 O R.O.W. (100.00') \N FD. 1.25" PIPE @ NE CORNER LOT 1-2-1 EDES HTS. LOT 1-2-1 EDES HTS. 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 CITY OF DUBUQUE EXHIBIT A - afIZ M,41AI UTILITY EASEMENT COUNTY DUBUQUE PARCEL NO. JOB NO. PROJECT SIMPSON-SOUTHGATEW.N9' SECTION 35 TWP 89N RANGE 2E ROW —FEE N/A EXIST. ROAD N/A PERM. EASEM'T SEEABOVE LEGAL DESCRIPTION LOT 1-1-1 OF POTTERVELD PLACE OWNER JAMES L. SCHNEIDER AND SHARON M. SCHNEIDER ITY OF DUB E Southgate Dr and Simpson St 2Special 018AAchievementinGlS 018 Award Winner Masterpiece on the Mississippi Water Main Connection CIP 740-2234 �*9 286 286 SOUTHGATE DR SOUTHGATE DR o 0 6" Cl Water Main ,W W L 289 SOUTHGATE DR 289 • 290 • =! 2375 SIMPSON -I F 290 SOUTHGATE DR V 15" R.( 295 SOUTHGATE DR 2445 SIMPSON 1 15„RG �360'0 2400 SIMPSON ST s`MPSoN` ��vv 6 aW teC Main W Legend Storm Sewer Drains / 4 Storm Sewer Main — Survey Point Description O• 43 FOUND IRON ROD 20ft Easement Estimation Water Main W Existing W— Proposed Hazard Type Phone Valves Hydrants Fittings Type m Plug 8 Sleeve OU Standard Tee StopBox Status 0 • Active Service Connections Status Active Sanitary Manhole Sanitary Tap Fitting b Sanitary Gravity Main DISCLAIMER: This information was compiled sing the Dubuque Area Geographic Information System (DAGIS), which includes data created by both the City of Map Preparedy: Dubuque antl Dq-ue County..tir rdedsage-ins while City of Dubuque the City of Dubuque and participating agencies utilized the os[cu went and accurate information avair currmyfte 1 inch = 27 feet W E infor—liers donotwarrant the accuracy o rcu ncy rtcip Water Department information or data containetl herein. The City and participating agenciesshall not be held liable for any direct, indirect, incidental, 30 15 0 30 Feet sequential, punitive, or special damages, whether foreseeable or 1902 Hawthorne St unforeseeable, arising out of the authorized or unauthorized use of this data or the inability to use this data or out of any breach of S 563-589-4291 warranty whatsoever.