Sanitary Sewer Grant of Easement_Middle Fork Catfish CreekMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Accept Sanitary Sewer Easement Middle Fork Catfish Creek
Ricky Rhomberg
DATE: October 7, 2011
Dubuque
hfril
al-Ame icaCity
1 I ll!
2007
City Engineer Gus Psihoyos recommends City Council acceptance of a sanitary sewer
easement from Ricky Rhomberg for the Middle Fork Catfish Creek interceptor sewer.
This easement over private property was obtained in order to establish an adequate
area for future construction and maintenance of the existing interceptor sewer through
Rhomberg's parcel at 1572 Old Mill Road. This easement was purchased by the City
for a total value of $2,829. This amount was deducted from the connection fee
established for the parcel.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Accept Sanitary Sewer Easement Middle Fork Catfish Creek
Ricky Rhomberg
DATE: October 7, 2011
INTRODUCTION
Dubuque
bitel
AI- AmercaCity
2007
This memorandum is to request the acceptance of a sanitary sewer easement from
Ricky Rhomberg for the Middle Fork Catfish Creek interceptor sewer.
DISCUSSION
This easement over private property was obtained in order to establish an adequate
area for future construction and maintenance of the existing interceptor sewer through
Rhomberg's parcel at 1572 Old Mill Road. This new easement widens an existing 20-
foot wide sanitary sewer easement that was acquired in 1956 to a 120 -foot wide
easement that parallels the westerly property line of the Rhomberg parcel.
The referenced easement has been purchased by the City for a total value of
$2,829.00. This amount was deducted from the connection fee established for the
parcel.
RECOMMENDATION
I would recommend the adoption of the attached resolution accepting the easement for
the sanitary sewer from Ricky Rhomberg for 1572 Old Mill Road.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution accepting the Grant of
Easement for Sanitary Sewer from Ricky Rhomberg for 1572 Old Mill Road.
Prepared by Ron Turner, PLS
cc: Deron Muehring, Civil Engineer II
John Klostermann, Street & Sewer Maintenance Supervisor
Troy Kress, Engineering Technician
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270
Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270
RESOLUTION NO. 345 -11
A RESOLUTION ACCEPTING THE GRANT OF AN EASEMENT FOR
SANITARY SEWER THROUGH, UNDER AND ACROSS PARTS OF LOT 1 OF
MINERAL LOT 7, LOT 1 OF 1 AND LOT 2 OF MINERAL LOT 512, LOT 10 OF
MINERAL LOT 501, LOTS 1, 2, 13 AND 14 OF ROCKDALE, AND THE NORTH
ONE -HALF AND SOUTH ONE -HALF OF A VACATED STREET ABUTTING
LOTS 1, 2, 13 AND 14 OF ROCKDALE AND ALSO ABUTTING LOT 10 OF
MINERAL LOT 501 ALL IN THE CITY OF DUBUQUE, IOWA
Whereas, Ricky R. Rhomberg has executed a Grant of Easement for
Sanitary Sewer through, under and across parts of Lot 1 of Mineral Lot 7, Lot 1 of
1 and Lot 2 of Mineral Lot 512, Lot 10 of Mineral Lot 501, Lots 1, 2, 13 and 14 of
Rockdale, and the north one -half and south one -half of a vacated street abutting
Lots 1, 2, 13 and 14 of Rockdale and also abutting Lot 10 of Mineral Lot 501 all 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 Sanitary Sewer
through, under and across parts of Lot 1 of Mineral Lot 7, Lot 1 of 1 and Lot 2 of
Mineral Lot 512, Lot 10 of Mineral Lot 501, Lots 1, 2, 13 and 14 of Rockdale, and
the north one -half and south one -half of a vacated street abutting Lots 1, 2, 13
and 14 of Rockdale and also abutting Lot 10 of Mineral Lot 501 all in the City of
Dubuque, Dubuque County, Iowa from Ricky R. Rhomberg, 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.
Attest
Kevin Firnstahl, City Clerk
Passed, approved and adopted this 17th
day of October, 2011.
Roy D. Buol, Mayor
e)// /- /.1357
a;e,d /ILL 55 61 z
35 —//
11111111111111111111111111111111111111111111111111111111111111
Doc ID: 007180100006 Type: GENKlnd: EASEMENT
Recorded: 10/19/2011 at 04:06:45 PM
Fee Amt: $32.00 Page 1 of 6
Dubuque County Iowa
Kathy Flynn Thurlow
20 J 1 �_ Recorder
Flle 0005357
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270
Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270
GRANT OF EASEMENT FOR SANITARY SEWER
For and in consideration of the sum of Two Thousand Eight Hundred Twenty -Nine dollars and
zero cents ($2,829.00) and other good and valuable consideration, the receipt whereof is
hereby acknowledged,
Ricky R. Rhomberg
1572 Old Mill Road
Dubuque, IA 52003
of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell
and convey to the CITY OF DUBUQUE, IOWA, a municipal corporation, its agents and
contractors, in perpetuity, from the date hereof, a right -of -way and easement through, under and
across the following described real estate situated in Dubuque, Iowa, to wit:
Lot 1 of Mineral Lot 7, Lot 1 of 1 and Lot 2 of Mineral Lot 512, Lot 10 of Mineral
Lot 501, Lots 1, 2, 13 and 14 of Rockdale, and the north one -half and south one -
half of a vacated street abutting Lots 1, 2, 13 and 14 of Rockdale and also
abutting Lot 10 of Mineral Lot 501 all in the City of Dubuque, Iowa
Said easement shall be One Hundred Twenty (120) feet in width along the westerly boundary of
said parcels, excepting an area within 20 feet of the single family dwelling, as shown on the
attached EXHIBIT A, for the purpose of constructing and maintaining an existing or future
sanitary sewer in accordance with the Plans and Specifications on file in the office of or
approved by the City Engineer.
It is understood and agreed that the grantee herein shall restore the disturbed area due to the
installation or repair of said sanitary sewer.
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 of said improvement without obtaining the prior
written consent of the City Engineer.
Page 1 of 1
Kevin Firnstahl - Re: Check of Legal Descriptions on Recorded Documents
From: Ron Turner
To: Firnstahl, Kevin; Psihoyos, Gus
Date: 10/27/2011 1:39 PM
Subject: Re: Check of Legal Descriptions on Recorded Documents
CC: Brumwell, Crenna; Dougherty, Ginny; Lindahl, Barry
I'll do affidavits for the corrections.
Yuri ✓``uvuwe
pn 563 -589 -4277
»> Kevin Firnstahl 10/27/2011 12:02 PM »>
I received the attached documents from the Recorder's Office with a note on each
questioning the legal descriptions.
Please advise.
Thank you.
Kevin
Grant of Easement_Ricky Rhomberg.pdf
Revocable License_MidAmerican.pdf
file: / /C: \Documents and Settings \kfirnsta \Local Settings \Temp \XPgrpwise \4EA95EF8DB... 10/27/2011
Prepared by: Ronald J. Turner City of Dubuque 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270
Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270
GRANT OF EASEMENT FOR SANITARY SEWER
For and in consideration of the sum of Two Thousand Eight Hundred Twenty -Nine dollars and
zero cents ($2,829.00) and other good and valuable consideration, the receipt whereof is
hereby acknowledged,
Ricky R. Rhomberg
1572 Old Mill Road
Dubuque, IA 52003
of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell
and convey to the CITY OF DUBUQUE, IOWA, a municipal corporation, its agents and
contractors, in perpetuity, from the date hereof, a right -of -way and easement through, under and
across the following described real estate situated in Dubuque, Iowa, to wit:
Lot 1 of Mineral Lot 7, Lot 1 of 1 and Lot 2 of Mineral Lot 512, Lot 10 of Mineral
Lot 501, Lots 1, 2, 13 and 14 of Rockdale, and the north one -half and south one -
half of a vacated street abutting Lots 1, 2, 13 and 14 of Rockdale and also
abutting Lot 10 of Mineral Lot 501 all in the City of Dubuque, Iowa
Said easement shall be One Hundred Twenty (120) feet in width along the westerly boundary of
said parcels, excepting an area within 20 feet of the single family dwelling, as shown on the
attached EXHIBIT A, for the purpose of constructing and maintaining an existing or future
sanitary sewer in accordance with the Plans and Specifications on file in the office of or
approved by the City Engineer.
It is understood and agreed that the grantee herein shall restore the disturbed area due to the
installation or repair of said sanitary sewer.
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 of said improvement without obtaining the prior
written consent of the City Engineer.
f.
To have and to hold unto the said City of Dubuque, Iowa, forever, and the undersigned do
hereby expressly covenant that they are the owner(s) 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, remodel or repair
said sanitary sewer thereon or therein.
Dated at Dubuque, Iowa this day of k4 , 2011.
icky R.
ALL PURPOSE ACKNOWLEDGMENT
STATE OF IOWA )
COUNTY OF DUBUQUE )
mb g
On this dY j day of , 2011, before me, the undersigned, a Notary Public
in and for said State, personally ap•eared Ricky R. Rhomberg _to me personally known, OR
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is /are subscribed to the within instrument and acknowledged to me that he /she /they executed
the same in his /her /their authorized capacity(ies), d that b his /her /their signature(s) on the
instrument the person(s) acted, executed the ins ent.
(Notary Se
>. i.n JN TURNER �� �/1..4.. ' (sign in ink)
°cr11:.1 1 P mgr 1�88�88q4
co , i:.1p ;rogZ_LT /2 / 74 I _7: —,rev (print/type name)
Notary Public in and for State of Iowa
CAPACITY CLAIMED BY SIGNER
X INDIVIDUAL
CORPORATE OFFICER(S)
(CORP SEAL)
AFFIXED
NO SEAL PROCURED
PARTNER(S) _ LIMITED _ GENERAL
_ ATTORNEY -IN -FACT
TRUSTEE(S)
_ GUARDIAN /CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies):
Ricky R. Rhomberg
(Title)
Scale in Feet 1658
THE CITY OF
DUB
Masterpiece on the Mississippi
Rhomberg
Sanitary Sewer Easement Exhibit A
a product
DAGIS E
OYSOOUI ARIA GEOGIIApHIC offOAMATION ITSTEN
DISCLAIMER: This Information was compiled
using the Dubuque Area Geographic Information System
(DAGIS), which includes data created by both the City of
Dubuque and Dubuque County. It Is understood that, while
the City of Dubuque and participating agencies utilized the
most current and accurate Information available, DAGIS and
Its suppliers do not warrant the accuracy or currency of the
Information or data contained herein. The City and particpating
agencies shall not be held liable for any direct, Indirect, Incidental,
consequential, punitive, or special damages, whether foreseeable or
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
warranty whatsoever.
100 50 0
1 inch = 300 feet
100 200 300 400 Feet
Map Prepared by:
City of Dubuque
Engineering Division
50 West 13th Street
Dubuque, Iowa 52001
Phone: (563) 589 -4270
Fax: (563) 589 -4205