JF Kennedy Rd San Sewer EaseMEMORANDUM
September 30, 2003
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
John F. Kennedy Road - Acceptance of Sanitary Sewer Easement
As part of the construction of the new water tower on John F. Kennedy Road, a sanitary
sewer service line was required. Since the available sewer was several hundred feet
away from the tower and on Dubuque Community School District property, an easement
was obtained for the installation. Dudng construction, some field modifications were
made which required a correction in the location of the easement.
Public Works Director Mike Koch recommends City Council adoption of the corrected
easement for sanitary sewer from the Dubuque Community School District.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
September 30, 2003
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director
John F. Kennedy Road - Acceptance of Sanitary Sewer Easement
INTRODUCTION
Enclosed is a resolution accepting a sanitary sewer easement for a sewer
service lateral for the new water tower on John F. Kennedy Road.
DISCUSSION
As part of the construction of the new water tower on John F. Kennedy Road, a
sanitary sewer service line was required. Since the available sewer was several
hundred feet away from the tower and on Dubuque Community School District
property, an easement was obtained for the installation. During construction,
some field modifications were made which required a correction in the location of
the easement. The attached document replaces the easement previously
recorded in spring of 2003 for sanitary service for the water tower.
Enclosed is a corrected sanitary sewer easement for a service lateral for the new
water tower on John F. Kennedy Road from the Dubuque Community School
District over part of Lot 2 of 3 of 1 of Helen E. and Mary H. Stewart Subdivision in
the City of Dubuque, Dubuque County, Iowa.
RECOMMENDATION
The above easement has already been executed by the Dubuque Community
School District, and the corrected easement should be accepted by the City
Council. I would recommend adoption of the enclosed resolution accepting the
corrected easement.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution accepting the
corrected easement for sanitary sewer from Dubuque Community School District.
MAKJvjd
Prepared by Ronald J. Turner, PLS
RESOLUTION NO. 361-03
A RESOLUTION ACCEPTING A SANITARY SEWER EASEMENT ON A
PART OF LOT 2-3-1 OF HELEN E. AND MARY H. STEWART SUBDIVISION
IN THE CITY OF DUBUQUE
Whereas, the Dubuque Community School District agreed to convey a
sanitary sewer easement on a part of Lot 2-3-1 of Helen E. and Mary H. Stewart
Subdivision, in the City of Dubuque, Iowa, as shown on the attached thereof; and
Whereas, the Dubuque Community School District has executed an
easement for sanitary sewer of said property.
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 sanitary sewer easement from the
Dubuque Community School District, copies of which are attached hereto, as
required by Iowa Code Section 569.7.
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.
2003.
Passed, approved and adopted this
6th day of October
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schrieider, CMC, City Clerk
Easement 1
SANITARY SEWER
DUBUQUE, IOWA
CORRECTED EASEMENT
This easement is to correct the easement filed February 13, 2003, Instrument No. 3695-03.
The route of the sanitary sewer was changed during construction.
KNOW ALI MEN BY THESE PRESENT:
That we, the undersigned, Dubuque Community School District
of the County of Dubuque, State of Iowa, party of the first part, hereinafter referred to as
Grantor and the City of Dubuque, Iowa, a municipal co .rporation, party of the second part,
hereinafter referred to as Grantee.
WITNESSETH: The parties of the first part, Grantors, in consideration of THE SUM OF
One and 00/100 Dollars ($1.00) Dollars and other good and valuable
considerations, receipt of which is hereby acknowledged, do hereby grant, bargain, sell
and convey to the party of the second part, Grantee, its successors and assigns, the
perpetual right to enter, and to construct, maintain and allow public use of a sanitary sewer
under and across the following described real estate in the City of Dubuque, Dubuque
County, Iowa, to-wit:
Said real estate being described as follows:
Lot 2 of Lot 3 of Lot 1, Helen E. and Mary H. Stewart Subdivision, City of Dubuque.
Perpetual Easement
Said perpetual easement being more particularly described as all that part of a strip of ]and
being exactly 20.00 feet in width lying within the above described parcel and 10.00 feet
each side of the following described line:
Commencing as a point of reference at the Southwest Comer of Lot I of Lot 3 of Lot 1;
thence South 60°07'26" East, (an assumed bearing for purposes of the description
only), a distance of 43.11 feet, along the southerly line of said Lot 1 of-Lot 3 of Lot 1, to
the point of beginning; thence South 56°51 '13" West, a distance of 72.94 feet; thence
South 29°51 '13" West, a distance of 132.62 feet to the center of existing sewer.
Containing 4,110 square feet, more or less.
3435
Rev. 7-21-03
-2-
Temporary Easement
In conjunction with this easement, a temporary construction easement is granted for the
construction of said sanitary sewer and not thereafter.
Said temporary easement being al! that part of a strip of land lying west of the following
described line or line extended:
Commencing as a point of reference at the Southwest Corner of Lot I of Lot 3 of Lot 1;
thence South 60°07'26" East, (an assumed bearing for purposes of the description
only), a distance of 88.00 feet, along the southerly line of said Lot 1 of Lot 3 of Lot 1, to
the point of beginning; thence South 56°51 '13" West, a distance of 83.69 feet; thence
South 29°51 '13" West, a distance of 112.66 feet to the center of existing sewer.
Containing 6,990 square feet, more or less, exclusive of the above described perpetual
easement.
The said temporary easement shall continue until the completion of construction of the
improvements, but in no event shall continue more than twenty-four (24) months after the
date of approval of the temporary easement.
Words and phrases herein shall be construed as in the singular or plural number, and as
masculine, feminine, or neuter gender, according to the context. The term "City" as used
herein shall refer to the City of Dubuque, Iowa, its elected officials, agents, employees,
officers, and contractors. The term "Grantor" shall refer to the undersigned, their heirs,
assigns, successors m interest, or lessees, if any.
The Grantor agree that the District Court in and for the State of Iowa shall have exclusive
jurisdiction over the subject matter and enforcement of the terms and conditions of this
Easement, and further consent to the jurisdiction of Dubuque County, Iowa.
-3-
IN WITNESS WHEREOF, the parties herein have sel~ their hands on this/,.v~ '/~/-, day of
. V,..~.t ~ ~'. 20,~,. I
GRANTOR:
/s/ Steven J. Hodge
Board President
GRANTEE: CITY OF DUBUQUE, IOWA Attest: Jeanne F. Schneider
Terrance M. Duggan, Mayor City Clerk
IN WITNESS WHEREOF WE have hereunto affixed 'our hands this 15th day of September, 2003.
/s/ Joni Lucas
Naed
STATE OF IOWA )
) SS.
COUNTY OF DUBUQUE )
On the 15th day of September, 2003, before me, the undersigned, a
Notary Public in and for the State 15f Iowa, personally appeared Steven J. Hodge and Joni Lucas
to me knowjn, who being by me duly (sworn or affirmed) did say that person is
President and Secretary respectively
of 'said (corporation or association) that (the s~'al affixed to~ said i nstrumeZnt is the seal of
said or no seal has been procured by the said) (corporation or association) and that said
instrument was signed and sealed on behalf of the said (corporation or associatiop) b,y
author!ty of its board of (directors or trustees) and the said,. Steven J. Hodge and Joni Lucas
acknowleaged the execution of said instrument to he the voluntary act and deed of said
(corporation or association) by it voluntarily executed.
/s/ Ronald H. Holm
Notary Public in the State of Iowa
J ~'~.~'% I RONALD H, HOLM I
I~'..i~L~ ," J Commission Number 71965g J
J ,~;~' JMy Comm. Exp 11121108J
SANITARY SEWER EASEMENT
JOHN F KENNEDY WATER TOWER SITE
NORTH
BARONY RD
5OO
GRAPHIC SCALE
0 250 500
( IN FEET )
I INCH = 500'
1000
RING VALLEY RD
/
/ /--S60°07'26"E - 43.
'S'6'0/'O- > ,-- P. O. B.
/ EASENENT /~
PERPETUA, L,. 'Oo.
1/// ~ -I t-
PERPETUAL EASEMENT = 4, 110 S.F.
TEMPORARY EASEMENT = 6, 990 S.F. ~ ~
0 40 80
SCALE ~'-40' ~~~ DWG. NO.
o.~.. o~~ EASEMENT DRAWING
~ ~-~-o~ REVt
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