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Hillcrest Family Services Storm Sewer Easement AcceptanceMasterpiece on the Mississippi Dubuque bierd 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 x riFERiq COe STFUCT.ISJMCES E)nNC,1Uprt �Enb Ewx) OGNIEERNO LAM 'STRUCTURAL 'M" ElI6Y....3 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