Timber Hyrst Estates/Place No. 2 Acceptance of Storm Sewer Easement_HartigMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Accept Storm Sewer Easement from Hartig
Timber Hyrst Place No. 2
DATE: July 30, 2013
Dubuque
band
AI- America City
1
2007 • 2012 • 2013
City Engineer Gus Psihoyos recommends City Council acceptance of a storm sewer
easement from Robert A. and Beth M. Hartig for a recently constructed storm sewer
across Lot 1 Timber Hyrst Place No. 2 in the City of Dubuque.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
dt)tt+, Prvlit,45
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer ,/ C21) -
SUBJECT: Accept Storm Sewer Easement from Hartig
Timber Hyrst Place No. 2
DATE: July 24, 2013
INTRODUCTION
Dubuque
AII-AmericaCity
11111!
2012
The purpose of this memorandum is to seek acceptance of a storm sewer easement from
Robert A. and Beth M. Hartig for a recently constructed storm sewer across Lot 1 Timber Hyrst
Place No. 2 in the City of Dubuque.
DISCUSSION
Mr. Hartig plans to construct a single family dwelling crossing the property line between the
lots they own on Creek Wood Drive. An existing storm sewer was located on this lot line and
was to be relocated in order to accommodate the proposed home location. On June 3rd 2013
the City Council approved the vacation of the existing storm sewer easement by Resolution
No. 168 -13. The Hartig's have relocated the storm sewer in order to redirect the outfall to the
east side of the proposed dwelling. The storm sewer construction has been inspected and
approved by Engineering Department staff. The Hartig's have also agreed to maintain the
ouffall control devices and control erosion at the end of pipe at their expense.
The attached Plat of Storm Sewer Easement shows the storm sewer easement to be vacated
over and across Lot 1 of Timber Hyrst Place No. 2 in the City of Dubuque. The property is
owned by Robert A. and Beth M. Hartig.
RECOMMENDATION
I recommend accepting the Grant of Easement for a storm sewer easement through and
across Lot 1 Timber Hyrst Place No. 2 in the City of Dubuque, Iowa, as shown on the attached
Plat of Storm Sewer Easement.
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolution accepting the Grant of Easement for
storm sewer from Robert A. and Beth M. Hartig.
Prepared by Nate Kieffer, PLS
cc: Deron Muehring, Civil Engineer
Denise lhrig, Civil Engineer
John Klostermann, Street & Sewer Maintenance Supervisor
Prepared by: Ronald J. Turner, PLS, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270
Return to: Nate Kieffer, PLS, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270
Tax Address Statement: Robert A. and Beth M. Hartig, 3130 Westmore Dr., Dubuque, IA 52001 (563) 599 -2319
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,
Robert A. and Beth M. Hartig
3130 Westmore Dr.
Dubuque, Iowa 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:
A part Lot 1 Timber Hyrst Place No. 2 all in the City of Dubuque, Iowa
Said easement shall be as shown on the attached Plat of Storm Sewer
Easement prepared by Buesing and Associates dated July 22, 2013, 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, except for driveway and other improvements, due to the maintenance or
repair of said storm sewer.
Grantor shall install and maintain, in perpetuity, permanent erosion control
devices at the effluent end of the storm sewer. The area shall be maintained by
Grantor to prevent downstream erosion and /or undermining of the storm sewer
piping.
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 2,.5 day of
STATE OF IOWA,
Robert A. H
Beth . Hartig
NOTARY PUBLIC
COUNTY OF DUBUQUE, SS:
On this1 S'- 3 day of .U.A , A.D., 2013 before me, the undersigned,
a Notary Public in and for said Cdunty, in said State, personally appeared Robert
A. Hartig and Beth M. Hartig 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 voltary act and deed.
REBECCA JO BRADLEY
Commission Nu ber 66 0
My Comm. Exp. I{am
Notary P. bli In and For Said
PREPARED BY BUESING & ASSOCIATES ADDRESS: 1212 LOCUST STREET DUBUQUE, IOWA 52001
PHONE: (563) 556 -4389
Plat of Storm Sewer Easement:
ACROSS LOT 1 OF TIMBER -HYRST PLACE #2 IN THE CITY OF DUBUQUE, THE NW1 /4
AND NE1/4 OF SECTION 2, T88N, R2E, (TABLE MOUND TWP.), OF THE 5TH P.M.,
DUBUQUE COUNTY, IOWA
LOT 46
TIMBER -HYRST
ESTATES #2
100' TRANSMISSION LINE
EASEMENT BOOK 61, PAGE 454
O ?
— -' •
� N
LOT OOH
TIMBER -HYRST 1'
ESTATES #2
L1?
J
LEGEND
LOT 47
TIMBER -HYRST
ESTATES #2
LOT 48
TIMBER -HYRST
ESTATES #2
- - wOpD pRwE 10' PUE
CREE60' ROW) E 32q ,00' 06, (1� 4.11 i
17-1"2.54-3"E.
�� °25 43 1� 135.2
20'
5p 00') 3g.2 S81.4�85 "w 11_
14g gq' �1 _ - - 141_3-4 -L.
1
LOT 49
TIMBER -HYRST
ESTATES #2
1 �O
Iw
LOT 2 Co
TIMBER -HYRST
ESTATES #2 _ —
/.lo
EXLST1NG'20r—STORM SEWER \;I.
EASEMENT TO BE VACATED AS
PER CITY OF DUBUQUE RESOLUTION
168 -13 DATED JUNE 3, 2013 1
AND RECORDED AS DOCUMENT 1
NO. 2013— 00009 430 11,>
20' STORM
SEWER-' -
4\- - EASEMENT
LN 1
O
1
5/8" REROD (FOUND)
(CAPPED, "4016 ", YELLOW)
1/2" REROD (FOUND)
(CAPPED, "14417 ", YELLOW)
EXISTING PROPERTY LINE
— — — — — EASEMENT LINE
( )
ROW
PUE
NOTES
RECORD DIMENSION
RIGHT OF WAY
PUBUC UTILITY EASEMENT
OWNER & PROPRIETOR:
11
'\5'\.'` • `5
LOT 1 OF TIMBER -HYRST PLACE #2 AND LOT 2 OF
TIMBER -HYRST ESTATES #2 IS
ROBERT A. AND BETH M HARTIG
1. THE 100' TRANSMISSION LINE EASEMENT REFERS ONLY TO
THE AREA THAT WHICH INTERSTATE POWER COMPANY HAS
THE "RIGHT, PRIVILEGE, AND AUTHORITY TO TRIM OR CUT
DOWN ANY TREES WITHIN 50 FEET OF CENTERLINE OF SAID
TRANSMISSION LINE." IT DOES NOT DESCRIBE THE WIDTH OF
THE PERPETUAL RIGHT -OF -WAY EASEMENT. SEE AFFIDAVIT
PREPARED BY JOHN M. TRANMER, PLS AT DUBUQUE COUNTY
RECORDER DOCUMENT # 2007 - 00004010
5l
•
LOT 2 S 1/2, NW FRL
1/4 SEC 2, T88N, R2E
NOTE:
LOT 2 OF TIMBER -HYRST ESTATES #2 IN
THE NW1 /4 OF SECTION 2, TBBN, R2E,
(TABLE MOUND TWP.), OF THE 5TH P.M.,
DUBUQUE COUNTY, IOWA
LOT 1
TIMBER -HYRST
PLACE #2
2pi
10'
0'
30'
60'
LOT 2
TIMBER -HYRS"
PLACE #2
NOTES
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
2. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD.
0111111911111 LAND e! /4S / / / //i
V o TERRY L. I-6
° KOELKER
= • 15487 •
OWN
111111111111111\\
I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS
PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR
UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY
LICENSED LAND RVjFYOR UNDER THE }_AWS OF THE STATE OF IOWA.
%
21,
TERRY 1/ KdELKER (DATE)
LICENSE NUMBER 15487
MY LICENSE RENEWAL DATE IS DECEMBER 31, 2013
SHEETS COVERED BY THIS SEAL : SHEETS 1 & 2
SHEET TITLE
PROJECT
NO. 12045
PLAT OF STORM
SEWER EASEMENT
PREPARED FOR:
BOB HARTIG
3130 WESTMORE DRIVE
DUBUQUE, IA 52001
�UEASIINNG
ENGINEERS AND SURVEYORS
1212 LOCUST ST, DUBUQUE, N
(563) 756 -4329
DATE
REVISIONS
DRAWN BY:
03/22/12
NWL
SCALE:
CHECKED BY:
1" =100'
TLK
Surveyor's Certificate
Dubuque, Iowa
Sheet 2 of 3
I hereby certify that the plat shown on sheet 1 of 3 hereof, is a true and correct PLAT OF STORM SEWER
EASEMENT ACROSS LOT 1 OF TIMBER -HYRST PLACE #2 located in the City of Dubuque in the NW1 /4
and NE1 /4, Section 2, T88N, R2E (Table Mound TWP) of the 5th P.M., Dubuque County, Iowa., according to
the recorded plats thereof, subject to easements of record and not of record.
I hereby certify that this land surveying document was prepared and the related survey work was performed by
me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the
State of Iowa.
7 /22 //_
TERRY L. KOELKER DATE
LICENSED LAND SURVEYOR REG. RENEWAL 12/31/13
REGISTRATION #15487
Owner's Consent
Dubuque, Iowa 7/.2_1 , 2013
The foregoing PLAT OF STORM SEWER EASEMENT ACROSS LOT 1 OF TIMBER -HYRST PLACE #2
located in the City of Dubuque in the NW1 /4 and NE1 /4, Section 2, T88N, R2E (Table Mound TWP) of the 5th
P.M., Dubuque County, Iowa is made with the free consent and in accordance with the desires of the
undersigned owners and proprietors of Lot 1 of Timber -Hyrst Place #2 in the City of Dubuque in NW1 /4 and
NE1 /4, Section 2, T88N, R2E (Table Mound TWP) of the 5th P.M., Dub ► e County, Iowa. We hereby
dedicate the storm sewer and utility easement and shown hereon to t iu•lic.
Robert A. Hartig
State of Iowa )
}
County of Dubuque ) ss: II
On this 20 day of 14A. l , AD 2013, before me, the undersigned, A Notary Public in and for
the State of Iowa, personally • peared Robert A. & Beth M Hartig, husband & wife, to me personally known,
who, being duly sworn did say that said Robert A. & Julie M. Hartig acknowledged the execution of said
instrument to be their voluntary act and deed voluntarily executed.
Witness my hand and Notarial Seal on the date above written.
KIMBERLY LEBLOND
Commission Number 707927.
My Commission Expires
Notary P
for the State of Iowa
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
RESOLUTION NO. 243 -13
A RESOLUTION ACCEPTING THE GRANT OF AN EASEMENT FOR
STORM SEWER THROUGH, OVER AND ACROSS A PART OF LOT 1 OF
TIMBER HYRST PLACE NO. 2 IN THE CITY OF DUBUQUE, IOWA
Whereas, Robert A. and Beth M. Hartig have executed an Easement for
Storm Sewer through, over and across Lot 1 of Timber Hyrst Place 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, over and across Lot 1 of Timber Hyrst Place No. 2 in the City of
Dubuque, Dubuque County, Iowa from Robert A. and Beth M. Hartig, 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 5th day of Au r t 0
Attest:
Trish L. Gleason, Assistant City Clerk
Roy D. Buol, Mayor
RELEASE OF EASEMENT
Whereas, a storm sewer easement is currently platted between Lot 1 and Lot 2
of Timber -Hyrst Estates #2 in the City of Dubuque, Iowa, and said easement is shown
on the Final Plat of said Timber -Hyrst Estates #2 which was recorded as file number
2008 -6368 in the office of the Dubuque County Recorder;
and
Whereas, by said easement, the proprietors granted the City a twenty foot wide
storm sewer easement across Lot 1 and Lot 2 of Timber -Hyrst Estates #2, in the City of
Dubuque, Iowa, which twenty foot wide storm sewer easement is set forth and appears
on said document;
and
Whereas, development of said Lots 1 and 2 has established an alternate location
for storm sewer which will be reconstructed by the property owner as per the Storm
Sewer Relocation Agreement with by Robert A. and Beth M. Hartig dated May 21, 2013;
and
NOW THEREFORE, for good and valuable consideration, the undersigned, City
of Dubuque, Iowa, does hereby forever release, vacate, abandon and discharge the
storm sewer easements in Lots 1 and 2 of Timber -Hyrst Estates #2 in the City of
Dubuque, Iowa as shown on the attached Exhibit for Storm Sewer Easement Vacation
to Robert A. and Beth M. Hartig; however, this Release in no way releases, vacates,
abandons or discharges any other easement shown on the Final Plat of said Timber -
Hyrst Estates #2 which was recorded as file number 2008 -6368 in the office of the
Dubuque County Recorder.
Passed, approved and adopted this day of 2013
Roy D. Buol, Mayor
Attest:
Trish L. Gleason, Assistant City Clerk