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
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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
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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
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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
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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.
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I hereby certify that this land surveying document was prepared and
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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
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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
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PIPE @ SW CORNER
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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
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Description
O• 43 FOUND IRON ROD
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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
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Sanitary Tap Fitting
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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.