Loading...
Hacienda Land Corporation_Storm Sewer Easement AcceptanceMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Accept Storm Sewer Easement Hacienda Land Corporation DATE: June 8, 2012 Dubuque bierd All-America City 1 2007 City Engineer Gus Psihoyos recommends City Council acceptance of a storm sewer easement from Hacienda Land Corporation for a storm sewer extension across Lot 1 Blosch Property east of Matthew John Drive. 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 Storm Sewer Easement Hacienda Land Corporation DATE: June 6, 2012 INTRODUCTION Dubuque kard All-America City hill! 2007 The purpose of this memorandum is to seek acceptance of a storm sewer easement from Hacienda Land Corporation for a storm sewer extension across Lot 1 Blosch Property east of 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 and Lot 1 of Blosch Property 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 and exit at the westerly boundary of Lot 1 of Blosch Property. The easements across Lots 2 and 3 of Harvest View Estates 4th Addition have already been obtained and accepted. 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 Grant of Easement for Storm Sewer on Lot 1 Blosch Property in the City of Dubuque, Iowa. ACTION TO BE TAKEN I respectfully request adoption of the attached resolution accepting the Grant of Easement for Storm Sewer through Lot 1 Blosch Property from Hacienda Land Corporation. Prepared by Ron Turner, PLS cc: Deron Muehring, Civil Engineer John Klostermann, Street & Sewer Maintenance Supervisor 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 153 -12 A RESOLUTION ACCEPTING THE GRANT OF AN EASEMENT FOR STORM SEWER UNDER AND ACROSS LOT 1 BLOSCH PROPERTY IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Hacienda Land Corporation has executed a Grant of Easement for Storm Sewer through, under and across Lot 1 Blosch Property 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 Blosch Property in the City of Dubuque, Dubuque County, Iowa, from Hacienda Land Corporation, 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 18th day; f Junk , 2012. Roy D. Buol, Mayor Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th 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, HACIENDA LAND CORPORATION 2608 HACIENDA 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 1 BLOSCH PROPERTY 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. Together with the right to enter upon said property and occupy the temporary easement area as shown on the attached Exhibit during the period of construction until the project is accepted by City Council. 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 / day of , 2012. HACIENDA LAND CORPORATION o ALL PURPOSE ACKNOWLEDGMENT STATE OF IOWA COUNTY OF DUBUQUE ) On this 1 day of BUJ- , 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared '101.1111.-0 {% F 11e- 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), and that by his /her /their signature(s) on the instrument the person(s) acted, executed the instrument. -� (Notary Seal) 1 Pt'�--7 (sign in ink) J .J'/ ve:i2&. (print /type name) Notary Public in and for State of Iowa CONNIE /A, BEAVER NotE1riL I S a1 « IOWA Comm1:331oii Numb 128760 :., y Ginu,il:3slon Expires; _1_13) - - -- --- --°- -- - CAPACITY CLAIMED BY SIGNER _ INDIVIDUAL X CORPORATE OFFICER(S) (Title) (CORP SEAL) AFFIXED NO SEAL PROCURED PARTNER(S) LIMITED ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER SIGNER IS REPRESENTING: GENERAL HACIENDA LAND CORPORATION EXHIBIT A LOT 1 BLOSCH PROPERTY In the City of Dubuque Dubuque,County, IA. OWNER: HACIENDA LAND CORPORATION LOT 1 -A BLK 2 HARVEST VIEW ESTATES 1ST ADD (N 87 °331(r E 150_29') 150.31' LOT HARVEST VIEW EST TES 4TH ADD (S 87 °3310" W 132.001 131_96' LOT 1 SCH PROPERTY LOT 2 W ESTATES 4TH ADD (S 87 °33'10" W 123.501 R.O.W. = RIGHT OF WAY (000.00') = RECORDED DIMENSION — — = EASEMENT LINE - PROPERTY LINE = PERMANENT EASEMENT AREA = TEMPORARY 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. 0 0 In NORTH 0 20' 40' 80' SCALE 1" = 40' FEET Dubuque kitEl All- America City IF 2007 CITY OF DUBUQUE ENGINEERING DEPARTMENT CITY HALL, 50 WEST 13th STREET DUBUQUE, IA 52001 -4864 PHONE (563) 589 -4270 FAX (563) 589 -4205 Drawn By. 1115 Approved By: RJT Date: 02 -01 -2012 EXHIBIT A HACIENDA LAND CORPORATION C,I.P. Numb=s. Reel Number. 1 of 1 Prepared by: Return to: ►►111111111111111 1111111►►► 11111111111111111►► 111 ►►1111►►111►►11►►►1111111►1►11► Doc ID: 007410920005 Type: GEN Kind EASEMENT Recorded: - 06/22/2012 at 02:18:37 PM Fee Amt: $27.00 Page 1 of 5 Dubuque County Iowa Kathy Flynn Thurlow Recorder Fi1e2012_00010469 Ronald J. Turner. City of Dubuque. 50 W. 13" 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 153 -12 A RESOLUTION ACCEPTING THE GRANT OF AN EASEMENT FOR STORM SEWER UNDER AND ACROSS LOT 1 BLOSCH PROPERTY IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Hacienda Land Corporation has executed a Grant of Easement for Storm Sewer through, under and across Lot 1 Blosch Property 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 Blosch Property in the City of Dubuque, Dubuque County, Iowa, from Hacienda Land Corporation, 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 18th day 1 f Jun; , 2012. Attest: i ;X /ri_If %+�% Ke /in Firnst- I,'~ Clerk Roy D. Buol, Mayor i,\5 C V - - C() CERTIFICATE of the CITY CLERK STATE OF IOWA SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 153 -12 is a correct copy of the original Resolution No. 153 -12 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 18th day of June, 2012. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 21st day of June, 2012. LiP e,. ,��� „N,,1 evin S. Firnstahl, i y Clerk Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13"' 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, HACIENDA LAND CORPORATION 2608 HACIENDA 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 1 BLOSCH PROPERTY 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. Together with the right to enter upon said property and occupy the temporary easement area as shown on the attached Exhibit during the period of construction until the project is accepted by City Council. 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 / day of , 2012. HACIENDA LAND CORPORATION euice_ ALL PURPOSE ACKNOWLEDGMENT STATE OF IOWA ) COUNTY OF DUBUQUE ) On this 1 day of TuPg , 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared 'POW) F ,feIIe 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), and that by his /her /their signature(s) on the instrument the person(s) acted, executed the instrument. (Notary Seal) CONNIE A. BEAVER I N©tirlal Seal o IOWA Cor is -431cm Number 126766 fly Commisilon I xplre4: TIAVilt---"(sign in ink) 0.0),t01C V T2-- (print/type name) Notary Public in and for State of Iowa CAPACITY CLAIMED BY SIGNER INDIVIDUAL i4 CORPORATE OFFICER(S) ',AR (Title) (CORP SEAL) AFFIXED >G NO SEAL PROCURED PARTNER(S) _ LIMITED ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER SIGNER IS REPRESENTING: GENERAL HACIENDA LAND CORPORATION EXHIBIT A LOT 1 BLOSCH PROPERTY In the City of Dubuque Dubuque,County, IA. OWNER: HACIENDA LAND CORPORATION LOT 1 -A BLK 2 HARVEST VIEW ESTATES 1ST ADD (N 87 °33'10" E 150.29') 150.31' LOT HARVEST VIEW EST TES 4TH ADD (S 87 °3310" W 132.00') 131_96' LOT 1 SCH PROPERTY LOT 2 W ESTATES 4TH ADD (S 87 °33'10" W 123.50') R.O.W. = RIGHT OF WAY (000.00') = RECORDED DIMENSION - = EASEMENT LINE - PROPERTY LINE = PERMANENT EASEMENT AREA = TEMPORARY 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. NORTH 0 20' 40' 80' SCALE 1" = 40' FEET Dubuque CITY OF DUBUQUE ENGINEERING DEPARTMENT CITY HALL, 50 WEST 13th STREET All-America City DUBUQUE, IA 52001 -4864 I ' PHONE (563) 589 -4270 FAX (563 569 -4205 Drawn By. NW Approved By: RJT Dale: 02).01.2012 EXHIBIT A ® HACIENDA LAND CORPORATION 2007 C.I.P.Number. I Sheet Numben 1 of 1