Acceptance of Storm Sewer Easement_2600, 2608 Matthew John DriveMasterpiece 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: Accept Storm Sewer Easements
Gerald D. & Patricia H. Richard and James F. & Karilyn M. Steffen
DATE: March 30, 2012
City Engineer Gus Psihoyos is requesting acceptance of storm sewer easements from
Gerald D. and Patricia H. Richard and James F. and Karilyn M. Steffen for a storm
sewer extension across 2600 and 2608 Matthew John Drive.
The City has been meeting with multiple property owners over the course of the past
two years in an attempt to help resolve drainage conditions that adversely impact
several lot owners.
The City was successful in partnering with these property owners to improve the
drainage. Private property owners are granting the necessary easements over their
property described as Lot 2 and Lot 3 of Harvest View Estates 4th Addition in the City of
Dubuque, Iowa. In addition to granting easements, private financial contributions will
offset a portion of the cost to extend the storm sewer. The City will install and maintain
the storm sewer as part of the City's stormwater management system.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:sv
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 Storm Sewer Easements
Gerald D. & Patricia H. Richard; and James F. & Karilyn M. Steffen
DATE: April 2, 2012
INTRODUCTION
Dubuque
kard
All-America City
hill!
2007
The purpose of this memorandum is to seek acceptance of storm sewer easements from Gerald D. and
Patricia H. Richard and James F. and Karilyn M. Steffen for a storm sewer extension across 2600 and
2608 Matthew John Drive.
DISCUSSION
The City has been meeting with multiple property owners over the course of the past two years in an
attempt to help resolve drainage conditions that adversely impact several lot owners.
The City was successful in partnering with these property owners to improve the drainage. Private
property owners are granting the necessary easements over their property described as Lot 2 and Lot 3
of Harvest View Estates 4th Addition in the City of Dubuque, Iowa. In addition to granting easements,
private financial contributions will offset a portion of the cost to extend the storm sewer. The City will
install and maintain the storm sewer as part of the City's stormwater management system.
The proposed storm sewer will cross the backyards of 2600 and 2608 Matthew John Drive.
The storm sewer improvements will be funded through private contributions and City funding in the
amount of $7,583.40. The City's portion of the project will be funded from the Storm Sewer
Improvement/Extensions CIP (CIP 7201008).
RECOMMENDATION
I recommend accepting the grants of easement for a storm sewer through Lot 2 and Lot 3 of Harvest
View Estates 4th Addition in the City of Dubuque, Iowa (2600 and 2608 Matthew John Drive).
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolutions accepting the Grants of Easement for Storm
Sewer through 2600 and 2608 Matthew John Drive from Gerald D. and Patricia H. Richard and James
F. and Karilyn M. Steffen.
Prepared by Ron Turner, PLS
cc: Deron Muehring, Civil Engineer
John Klostermann, Street & Sewer Maintenance Supervisor
THE CITY OF
DUB
Masterpiece on the Mississippi
Harvest View Subdivision
Storm Sewer Easements
DAGIS
DUBUQUE AREA COG RAMC INF RFIAT ION =v„EI
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
1 inch = 400 feet
10050 0 100 200 300 400 Feet
•
Map Prepared by:
City of Dubuque
Engineering Division
50 West 13th Street
Dubuque, Iowa 52001
Phone: (563) 589 -4270
Fax: (563) 589 -4205
Prepared by:
Return to:
11111111111110$111111111N 1111111111111
Doc ID 007360210003 Type: GEN
'Kind RESOLUTION
Recorded: 04/18/2012 at 02:58:28 PM
Fee Amt: $17.00 Pape 1 of 3
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
F11e2012- 00006499'
Ronald J. Turner, City of Dubuque, 50 W. 13`h 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. 89 -12
A RESOLUTION ACCEPTING THE GRANT OF AN EASEMENT FOR STORM
SEWER UNDER AND ACROSS LOT 2 HARVEST VIEW ESTATES 4TH
ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, James F. and Karilyn M. Steffen have executed a Grant of
Easement for Storm Sewer through, under and across Lot 2 Harvest View
Estates 4th Addition 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 2 Harvest View Estates 4th Addition in the City of
Dubuque, Dubuque County, Iowa, from James F. and Karilyn M. Steffen, 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:
Key' S. Firnstahl, City Cle
Passed, approved and adopted this 16th day o = pr.! 2012.
is W. Jon
Mayor
em
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. 89-12
A RESOLUTION ACCEPTING THE GRANT OF AN EASEMENT FOR STORM
SEWER UNDER AND ACROSS LOT 2 HARVEST VIEW ESTATES 4T"
ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, James F. and Karilyn M. Steffen have executed a Grant of
Easement for Storm Sewer through, under and across Lot 2 Harvest View
Estates 4th Addition 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 2 Harvest View Estates 4th Addition in the City of
Dubuque, Dubuque County, Iowa, from James F. and Karilyn M. Steffen, 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.
Passed, approved and adopted this 16th day o : pri 2012.
Attest:
e
L
Key ' S'
Firnstahl, City Cle
is W. Joni Mayor
Tem
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 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,
JAMES F. & KARILYN M. STEFFEN
2600 MATTHEW JOHN DRIVE
DUBUQUE, IOWA 52002
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 2 HARVEST VIEW ESTATES 4TH ADDITION IN THE CITY OF
DUBUQUE, IOWA.
Said easement shall be as shown on the attached Exhibit A for the purpose of
constructing 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 grantee herein shall restore the disturbed
area due to the installation 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.
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. l
Dated at Dubuque, Iowa this ) 6 h day of re bruti i% ' , 2012.
AM S EFF
I
/ M. ST F.'' : N
Pr
STATE OF IOWA, COUNTY OF DUBUQUE, SS:
On this /6 / day of " /L,_i , A.D., 2012 before me, the undersigned,
a Notary Public in and for said C•unty, in said State, personally appeared
JAMES F. & KARILYN M. STEFFEN 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.
Nota
Public n and For Said State
JUDITH TIWk1ERMAN
CommisLlon Number 189002
Wy Commisslon Expires
3- o9 -aa /S
EXHIBIT A
LOT 2 HARVEST VIEW ESTATES 4TH ADDITION
In the City of Dubuque
Dubuque,County, IA.
OWNER: STEFFEN, JAMES F. & KARILYN M.
0—
HARV: ST VIEW ESTAT 4TH ADD
(S 87 °33'10" W 132.001 131_96'
T2
STATES 4TH ADD
10'
(S 87 °33'10" W 1237501
0
D
19.31'
•
.43"746A
3.6"
10'
LOT 1
BLOSCH PROPERTY
R.O.W. = RIGHT OF WAY
(000.00') = RECORDED DIMENSION
- = EASEMENT LINE
- PROPERTY LINE
= NEW EASEMENT AREA
CAI J I IINI.7 CHJCMCIV I HIKCH
NOTE: EASEMENT AREA SHALL BE ESTABLISHED
10 FEET ON BOTH SIDES OF THE CENTERLINE OF
THE STORM SEWER AS CONSTRUCTED AND SHOWN
HEREON.
NORTH
0 20' 40'
SCALE 1" = 40' FEET
80'
Dubuque
i
1-Amer ca C
1.
2007
CITY OF DUBUQUE
ENGINEERING DEPARTMENT
CITY HALL, 50 WEST 131h STREET
DUBUQUE. IA 52001 -4864
PHONE (563) 589 -4270 FAX (563) 589 -4205
Dr.. By: NAt3
Apprvred By. 8.6 Dad: 02 -01 -2012
EXHIBIT A
2600 MATTHEW JOHN DRIVE
CUP. Nunbr8: SMel Nurber.
Prepared by:
Return to:
IWININIIIIIWIIIIWIIIIIIIIVNIIIIIIUIVINIIIIW
Doc ID• 007360220003 Type GEN
Kind RESOLUTION
Recorded: 04/18/2012 at 02:59:20 PM
Fee Amt: $17.00 Page 1 of 3
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
F11e2012- 00006500
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. 90 -12
A RESOLUTION ACCEPTING THE GRANT OF AN EASEMENT FOR STORM
SEWER UNDER AND ACROSS LOT 3 HARVEST VIEW ESTATES 4111
ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Gerald D. and Patricia H. Richard have executed a Grant of
Easement for Storm Sewer through, under and across Lot 3 Harvest View
Estates 4th Addition 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 3 Harvest View Estates 4th Addition in the City of
Dubuque, Dubuque County, Iowa, from Gerald D. and Patricia H. Richard, 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.
Passed, approved and adopted this IBC days , 2012.
Attest:
Ke i I S. Firnstahl, City Clerk
RAW. JojL7.!'ayor Pro -Tem
Prepared by:
Return to:
Ronald J. Turner, Citv of Dubuque, 50 W. 13`h 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. 90 -12
A RESOLUTION ACCEPTING THE GRANT OF AN EASEMENT FOR STORM
SEWER UNDER AND ACROSS LOT 3 HARVEST VIEW ESTATES 4TH
ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Gerald D. and Patricia H. Richard have executed a Grant of
Easement for Storm Sewer through, under and across Lot 3 Harvest View
Estates 4th Addition 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 3 Harvest View Estates 4th Addition in the City of
Dubuque, Dubuque County, Iowa, from Gerald D. and Patricia H. Richard, 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:
Passed, approved and adopted this
Ke In S. Firnstahl, City Clerk
dayi L' , 2012.
R7W. Jo, ayor Pro -Tem
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13`h Street, Dubuque, IA 52001 (563) 589 -4270
Prepared by: 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,
GERALD D. & PATRICIA H. RICHARD
2608 MATTHEW JOHN DRIVE
DUBUQUE IA 52002
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 3 HARVEST VIEW ESTATES 4TH ADDITION IN THE CITY OF
DUBUQUE, IOWA
Said easement shall be as shown on the attached Exhibit A for the purpose of
constructing 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 grantee herein shall restore the disturbed
area due to the installation 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.
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 Cr7 ' day of
, 2012.
GERALD D. RICF4` D.,
PATRICIA H. RICHARD
STATE OF IOWA, COUNTY OF DUBUQUE, SS:
On this /� day of k4r , A.D., 2012 before me, the undersigned,
a Notary Public in and for said 'County, in said State, personally appeared
GERALD D. & PATRICIA H. RICHARD 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 same ;�: their voluntary act
and deed.
RONALD J. TURNER
Commission Number 188634
WyCor all4slonExplrea
Not. ;'ublic In and For Said State
MATTHEW JOHN DR. (60' R.O.W.)
EXHIBIT A
LOT 3 HARVEST VIEW ESTATES 4TH ADDITION
In the City of Dubuque
Dubuque,County, IA.
OWNER: RICHARD, GERALD D. & PATRICIA H.
LOT 1 -A BLK 2
HARVEST VIEW ESTATES 1ST ADD
(N 87 °33'10" E 150_29') 150.31'
(S 87 °3310" W 132.00') 131_96'
LOT 2
HAR EST VIEW ESTAT
R.O.W. = RIGHT OF WAY
(000.00') = RECORDED DIMENSION
= EASEMENT LINE
- PROPERTY LINE
= NEW EASEMENT AREA
= EXISTING EASEMENT AREA
NOTE: EASEMENT AREA SHALL BE ESTABLISHED
10 FEET ON BOTH SIDES OF THE CENTERLINE OF
THE STORM SEWER AS CONSTRUCTED AND SHOWN
HEREON.
4TH ADD
Dubuque
All- America City
II 1 1 IF
2007
LOT 1
BLOSCH PROPERTY
NORTH
0 20' 40'
SCALE 1" = 40' FEET
80'
CITY OF DUBUQUE
ENGINEERING DEPARTMENT
CITY HALL, 50 WEST 13th STREET
DUBUQUE, IA 52001 -4864
PHONE (563) 589 -4270 FAX (563) 589 -4205
Cram By. NMS I Apgarer! By. RJT I Bale: 02-01 -2012
EXHIBIT A
2608 MATTHEW JOHN DRIVE
C.I.P. Number. 1 Sheet Number. 1 of 1