Hillcrest Family Services Storm Sewer Easement AcceptanceMasterpiece on the Mississippi
Dubuque
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All-America City
1
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of Storm Sewer Easement - Hillcrest Family Services
DATE: February 6, 2012
City Engineer Gus Psihoyos recommends City Council acceptance of a storm sewer
easement from Hillcrest Family Services for storm sewer modifications between
Wilbricht Lane and Hillcrest Road. This easement is necessary due to the relocation of
an existing storm sewer to allow for construction of new facilities on the site. There is
no cost to the City for this easement.
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
Dubuque
bitil
All-America City
hill!
2007
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Accept Storm Sewer Easement - Hillcrest Family Services
DATE: February 10, 2012
INTRODUCTION
Enclosed is a resolution accepting a storm sewer easement from Hillcrest Family
Services for storm sewer modifications between Wilbricht Lane and Hillcrest Road.
DISCUSSION
This easement over private property described as Lot 1 and Lot 2 -2 of Peterson
Subdivision No. 2 in the City of Dubuque, Iowa, was obtained in order to establish a
new easement through the parcel due to the relocation of an existing storm sewer to
allow for construction of new facilities on the site. This new easement is twenty (20)
feet wide centered on the relocated storm sewer.
RECOMMENDATION
The above easement has been granted to the City at no cost. The existing storm sewer
easement will be vacated after approval of acceptance of this new easement. I would
recommend the adoption of the attached resolution accepting the easement for the
relocated storm sewer.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution accepting the Grant of
Easement for Storm Sewer from Hillcrest Family Services.
Prepared by Ron Turner, PLS
cc: Deron Muehring, Civil Engineer
John Klostermann, Street & Sewer Maintenance Supervisor
Troy Kress, Engineering Technician
Prepared by:
Return to:
Ronald J. Turner. City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270
Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270
RESOLUTION NO. 42 -12
A RESOLUTION ACCEPTING THE GRANT OF AN EASEMENT FOR STORM
SEWER UNDER AND ACROSS A PART OF LOT 1 AND LOT 2 -2 OF
PETERSON SUBDIVISION NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA
Whereas, Hillcrest Family Services has executed a Grant of Easement for
Storm Sewer through, under and across Lot 1 and Lot 2 -2 of Peterson
Subdivision No. 2 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 Storm Sewer
through, under and across Lot 1 and Lot 2 -2 of Peterson Subdivision No. 2 in the
City of Dubuque, Dubuque County, Iowa, from Hillcrest Family Services, 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:
Ke
Passed, approved and adopted this 20th day
S. Firnstahl, City Ierk
Febru
rY, 2012.
Roy D. uol, Mayor
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. 13`h Street, Dubuque, IA 52001 (563) 589 -4270
GRANT OF EASEMENT FOR STORM SEWER
For and in consideration of the sum of One Dollar ($1.00) and other good and
valuable consideration, the receipt whereof is hereby acknowledged,
Hillcrest Family Services
2005 Asbury Road
Dubuque. IA 52001
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:
Part of Lot 1 and part of Lot 2 of 2 all in Peterson Subdivision No. 2 in the
City of Dubuque, Dubuque County, Iowa.
Said easement shall be twenty (20) feet in width centered over the storm sewer
pipe as shown on the attached Exhibit A for the purpose of reconstructing and
maintaining a storm sewer in accordance with the Plans and Specifications on
file in the office of the City Engineer.
It is understood and agreed that the grantor herein shall restore any structural
improvements including concrete slabs, steps and sidewalk disturbed in the
easement area due to the reconstruction or repair of said storm 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, 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 2
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, remodel or repair said storm
sewer thereon or therein.
Dated at Dubuque, Iowa this
c t' day of ✓; If )/ , 2012.
Hillcrrt Family S- ' ices
ALL PURPOSE ACKNOWLEDGMENT
STATE OF IOWA )
COUNTY OF DUBUQUE )
On this aG day of _ _ _ 2012, before me, the undersigned, a
Notary Public inn and for said St e, perso ally appeared
X0�.-1�---y
to me personay 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), and that by his /her /their signature(s) on the
instrument the person(s) acted, executed the instrument.
(Notary Seal)
XX
etAt ,_ NANCY RICE'
o Commission Number 727648
• z My Com issioryt:>ioires
OM* /43
f
(sign in ink)
/ is e. (print/type name)
Notary Puldlic in and for State of Iowa
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL /
CORPORATE OFFICER(S) �' eside,17' ecOand
(CORP SEAL)
AFFIXED
_XX NO SEAL PROCURED
PARTNER(S) _ LIMITED
ATTORNEY -I N -FACT
TRUSTEE(S)
GUARDIAN /CONSERVATOR
OTHER
GENERAL
Page 2 of 2
SIGNER IS REPRESENTING:
Hillcrest Family Services
(Title)
PREPARED BY:
IIW, P.C.
4155 PENNSYLVANIA AVE
DUBUQUE, IOWA
(563) 556 -2464
EASEMENT EXHIBIT "A"
PERMANENT STORM SEWER EASEMENT IN LOT 1 AND LOT 2 -2 OF
PETERSON SUBDIVISION NO. 2, IN THE CITY OF DUBUQUE, IOWA
EXISTING 1
15' STORM SEWER 1
EASEMENT �11., � i EXISTING
(INST. NO. 12708 -92)
,\ STORM SEWER
\� EASEMENT
\ \N\ (INST. NO. 16703 -92)
NW CORNER / \
LOT 1 •• • \ \ \ \
it
II
LEGEND
LOT LINE
PERMANENT STORM SEWER
EASEMENT 1,528 SQ. FT.
IN LOT 2 -2
PERMANENT STORM SEWER
EASEMENT 4,281 SQ. FT.
IN LOT 1
I=
LOT 2 -2 PETERSON /•
SUBDIVISION NO. 2 1..,1.
(INST. NO. 2011 - 00016873) ail
N11'40'04 "W
91.54'
SW CORNER
LOT 2 -2
N53'22'14 "E 47.34'
LOT 1 PETERSON
SUBDIVISION NO. 2
(INST. NO. 2011- 00016872)
OF EXISTING
STORM SEWER
PIPE
SW CORNER
LOT 1
.,IIIuIIIIIIIIIUmII,._
NORTH
GRAPHIC SCALE
0 30
,� 4.
NO1'38'07 "W
11.91'
LINE DIST.
L1 15.28
L2 18.05
L3 18.76
L4 10.53
L5 47.09
L6 44.45
L7 109.22
N88'49'54 "E 136.90'
WILBRICHT LANE (30' ROW)
60
1" = 30'
DRAWING MAY HAVE BEEN REDUCED
PROPRIETOR: HILLCREST FAMILY SERVICES
PREPARED FOR: CITY OF DUBUQUE
DATE PREPARED: JANUARY 19, 2012
• •
IIW
P1IEGR11Y.E%PER113ES01.U601$
vrxw.11xe n 9r.COn1 • 670.556.4491
MOITECTU6E
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w..ss6nrxTION uroNEEM/0
DRAWN JJB PLAT NO. 3 -IA -12
CHECKED JPK PROJ. NO. 11043 -06
DATE 01 -19 -12 SHEET 1 o 1
P: \11 \043 \043 -01 \DRAW) GS \ SURVEY \11043- 06EASE
Hillcrest Family Services
New Storm Sewer Easement
DISCLAIMER: This information was compiled
sing 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 Qty of Dubuque and partiapating agenoes utilized the
most current and accurate information available, DAGIS and
suppliers do not warrant the accuracy or currency of the
information or data contained herein The City and particpating
agences shall not be held liable for any dvect, Indvect, Inadental,
unnsmquential, punitive, or speoal damages, whether foreseeable or
foreseeable, arising out of the authored or unauthorized use of
this data or the inability to use this data or out of any breach of
warranty whatsoever
100
1 inch = 100 feet
50
0
100 Feet
N
W E
S
Map Prepared by:
City of Dubuque
Engineering Division
50 West 13th Street
Dubuque, Iowa 52001
Phone: (563) 589 -4270
Fax: (563) 589 -4205