Eagle Point Water Plant Lot 339 Grant of Easement for Private Utilities_SrokaMasterpiece on the Mississippi
Dubuque
band
AI- America City
1
2007 • 2012 • 2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Grant of Easement for Private Utilities - Eagle Point Water Plant, Lot 339
a /k /a Ham's Addition
DATE: July 30, 2013
A request has been received from Charles R. and Colleen R. Sroka for the granting of
an easement across a portion of the Eagle Point Water Plant property to accommodate
proposed water and sewer service lines to serve 2561 Front Street. Charles R. and
Colleen R. Sroka would be responsible for paying for processing the easement
submittal and publication and filing fees in the amount of $975.00. The mapping costs
are also the responsibility of the Srokas. Water Department Manager Bob Green and
City Engineer Gus Psihoyos recommend the City Council approve the grant of
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
Teri Goodmann, Assistant City Manager
Robert Green, Water Department Manager
Gus Psihoyos, City Engineer
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Robert Green, Water Department
Gus Psihoyos, City Engineer
•
Dubuque
kxtimA
Al-America City
1I Iv
2012
SUBJECT: Grant of Easement for Private Utilities - Eagle Point Water Plant, Lot 339
aka Ham's Addition
DATE: July 16, 2013
INTRODUCTION
This is in response to a request from Charles R. and Colleen R. Sroka for the granting
of an easement across a portion of the Eagle Point Water Plant property, being a part of
Lot 339 of Eagle Point (aka Ham's Addition), to accommodate proposed water and
sewer service lines to serve Lot 2 -338 and Lot 2 -338A of Eagle Point (common address
2561 Front Street).
DISCUSSION
The attached exhibit shows the proposed easement area and location. The
construction includes a 4" diameter sanitary sewer service line and a 3/4" diameter water
service line. The pipe installation and materials will be per City codes and standards.
The depth of the proposed services is approximately five feet below the existing grade,
with a required minimum clearance of 18" to an existing water main. City staff has
reviewed the drawings for clearances from existing and potential improvements of city
utilities in the proposed easement area.
Charles R. and Colleen R. Sroka are responsible for paying for processing the
easement submittal and publication and filing fees in the amount of $975.00 ($875.00
for easement and $100.00 to publication and filing). The mapping costs are also the
responsibility of Charles R. and Colleen R. Sroka.
RECOMMENDATION
I would recommend that a public hearing be held to grant an easement for a private
utility for proposed water and sewer service lines over part of Lot 339 of Eagle Point in
the City of Dubuque, Iowa.
ACTION REQUESTED
The attached resolutions should be submitted to the City Council for consideration and
approval for the granting of an easement to Charles R. and Colleen R. Sroka for
proposed water and sewer service lines over a portion of the Eagle Point Water Plant
property, being part of Lot 339 of Eagle Point in the City of Dubuque, Iowa.
Prepared by: Brant Schueller, Water Department
Attachment
cc: Nate Kieffer, P.L.S.
Bob Schiesl, Assistant City Engineer
Rich Russell, Building Services Manager
John Klostermann, Street/Sewer Supervisor
Troy Kress, ET
2
Preparedby: RonJ. Turner, CityofDubuque ,50W13th,Dubuque,IA52001 - (563)589 -4270
Return to: Ron J. Turner, City of Dubuque, 50 W 13th, Dubuque, IA 52001 -(563) 589 -4270
RESOLUTION NO. 256 -13
RESOLUTION GRANTING EASEMENT FOR PRIVATE UTILITY TO CHARLES R.
AND COLLEEN S. SROKA FOR AN UNDERLYING PORTION OF LOT 339 OF
EAGLE POINT (AKA HAM'S ADDITION)
Whereas, Charles R. and Colleen S. Sroka have requested a "Grant of
Easement" for Private Utility for an underlying portion of Lot 339 of Eagle Point (aka
Ham's Addition) for the purpose of constructing and maintaining water and sewer
service lines; and
Whereas, Buesing and Associates has prepared and submitted to the City
Council an exhibit showing the underlying portion of Lot 339 of Eagle Point (aka Ham's
Addition) for proposed water and sewer service lines; and
Whereas, the City Council of the City of Dubuque, Iowa, has determined that the
underlying portion of Lot 339 of Eagle Point (aka Ham's Addition) can be utilized for
these water and sewer service lines, as shown on the Exhibit A, in the City of Dubuque,
Dubuque County, Iowa, and should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the "Grant of Easement" for Private Utility for water and sewer
service lines to Charles R. and Colleen S. be and the same is hereby approved.
Passed, approved and adopted this 5th day of August, 2013.
Attest:
Trish L. Gleason, Assistant City Clerk
4cel
Roy D. Buol, Mayor
Prepared by: Ronald J. Turner, City of Dubuque, 50 West 13th Street, Dubuque, IA 52001 (563) 589 -4270
Returned to: Ronald J. Turner, City of Dubuque, 50 West 13th Street, Dubuque, IA 52001 (563) 589 -4270
Tax Information: City of Dubuque, 50 W. 13th St. Dubuque, IA 52001 %Ken Tekippe, 563 - 589 -4133
GRANT OF EASEMENT FOR PRIVATE UTILITY
THROUGH, UNDER AND ACROSS PART OF LOT 339 OF EAGLE POINT
(aka HAM'S ADDITION) IN THE CITY OF DUBUQUE, IOWA
For and in consideration of the sum of Eight Hundred Seventy -Five dollars ($875.00), the
receipt whereof is hereby acknowledged,
The City of Dubuque, A Municipal Corporation of Dubuque County (Grantor)
50 West 13th Street
Dubuque, IA 52001 -4864
of Dubuque County, State of Iowa, does hereby grant, sell and convey to Charles R. and
Colleen R. Sroka (Grantee) its agents, contractors and assigns, in perpetuity from the date
hereof, a right of way and permanent easement through, under and across the following
described real estate situated in Dubuque, Iowa, to -wit:
A part of Lot 339 of Eagle Point (aka Ham's Addition) in the City of Dubuque, Iowa.
A permanent easement ten (10) feet wide by seventy (70) feet long, being the easterly seventy
(70) of the northerly ten (10) feet of Lot 339 of Eagle Point (aka Ham's Addition) in the City of
Dubuque, Iowa and as shown on the attached Exhibit A, for the purpose of constructing and
maintaining water and sewer service lines to Lot 2 -338 and Lot 2 -338A of Eagle Point.
Proposed minimum clearances from the existing public water main shall be no less than
eighteen (18) inches.
All water and sewer service construction shall be in accordance with current City standards. It
is understood and agreed that the Grantee herein shall backfill and compact to City standards
the disturbed area to the grade of the surrounding property at the time of completion of the
Private Utility. The Grantee also agrees to repair the surface of the excavated area to match
the existing roadway cross section and to maintain the excavated area for a period of five (5)
years from the date of approval of this easement.
Grantee shall assume any and all liability for damages to persons or property which may result
from the existence, location, installation, construction, design, maintenance, or repair of said
Private Utility.
Grantee shall indemnify, hold harmless, and defend, at its own expense, on behalf of said City,
any claim against the City and pay on behalf of the City all sums which the City shall become
obligated to pay by reason of the liability imposed upon the City of Dubuque for damages or
injury of any kind, including third persons, resulting from location, installation, existence,
construction, or maintenance of said Private Utility and to pay reasonable attorney fees
therefore.
This easement does not constitute any approval of the design, erection, location, construction,
repair or maintenance of said Private Utility and grantee agrees not to assert such claim or
defense against the City of Dubuque in event of claim asserted for death, personal injuries
and /or property damage against Grantee arising out of or in any way connected with the
location, installation, construction, design, maintenance, or repair of Private Utility. Grantee
shall secure all applicable permits and shall schedule all required inspections.
The City reserves unto itself the perpetual right for the purpose of erecting, installing,
constructing, reconstructing, reconfiguring, maintaining, owning, operating and repair of storm
and sanitary sewers, water main, pavement, street lights, gas, telephone, television, fiber optics
cable, and electrical lines above or below said Private Utility and grantees understand that any
future changes to said public utilities may require subsequent changes, at grantees expense, to
the private utility to ensure a proper connection within the easement area.
Grantee shall submit record drawings of the location of the sewer and water service lines based
on their location, after construction, to the City Engineer.
To have and to hold unto Charles R. and Colleen R. Sroka, 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 Private Utility thereof or therein.
Dated at Dubuque, Iowa, this 5th day of August, 2013.
Attest:
Trish L. Gleason, Assistant City Clerk
CI F DU UQUE, IOWA
Roy D. Buol, Mayor
60 PENN
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EASEMENT AREA "B°
AGREEMENT FOR PERPETUAL
ROADWAY EASEMENT
DAZED MAY 2, 1994
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Preparedby: RonJ. Turner, CityofDubuque ,50W13th,Dubuque,IA52001 - (563)589 -4270
Return to: Ron J. Turner, City of Dubuque, 50 W 13th, Dubuque, IA 52001 -(563) 589 -4270
RESOLUTION NO. 257 -13
RESOLUTION DISPOSING OF CITY INTEREST BY GRANT OF EASEMENT FOR
PRIVATE UTILITY TO CHARLES R. AND COLLEEN S. SROKA FOR AN
UNDERLYING PORTION OF LOT 339 OF EAGLE POINT (AKA HAM'S ADDITION)
Whereas, pursuant to resolution and published notice of time and place of
hearing, published in the Telegraph Herald, a newspaper of general circulation
published in the City of Dubuque, Iowa on the 19TH day of July, 2013, the City Council of
the City of Dubuque, Iowa met on the 5th day of August, 2013, at 6:30 p.m. in the
Historic Federal Building, 350 W. 6tH Street, Dubuque, Iowa, to consider the proposal for
the granting of easement described as:
Underlying portion of Lot 339 of Eagle Point (aka Ham's Addition) for the purpose
of constructing and maintaining water and sewer service lines in the City of Dubuque,
Dubuque County, Iowa
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all
objections, oral or written to the proposed granting of easement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Grant of Easement for private utility by the City of
Dubuque for underlying portion of Lot 339 of Eagle Point (aka Ham's Addition) for water
and sewer service lines in the City of Dubuque, Iowa, be and the same is hereby
approved for the sum of $975.00, plus mapping costs.
Section 2. The City of Dubuque reserves unto itself a perpetual easement of
this same described area for the purpose of erecting, installing, constructing,
reconstructing, repairing, owning, operating and maintaining all public utilities.
Section 3. That the Mayor be authorized and directed to execute the Grant of
Easement for private utility and the City Clerk be and is hereby authorized and directed
to deliver said Grant of Easement to Charles R. and Colleen S. Sroka upon receipt of
the $975.00 payment.
Section 4. That the City Clerk be and is hereby authorized and directed to
record a certified copy of this Grant of Easement for private utility in the offices of the
City Assessor, Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 5th day of August, 2Q13.
Attest:
Trish L. Gleason, Assistant City Clerk
7
9
Roy D. Buol, Mayor
CITY OF DUBUQUE,
IOWA
OFFICIAL NOTICE
NOTICE OF A PUBLIC
HEARING OF THE
CITY COUNCIL OF
THE CITY OF DUBU -i
QUE, IOWA, ON THE
MATTER OF THE IN-
TENT TO DISPOSE OF
AN INTEREST IN REAL
PROPERTY
PUBLIC NOTICE is
hereby given that the
City Council of the City
of Dubuque, Iowa, will
hold a public hearing
on the 5th day of Au -'
gust, 2013, at 6:30 p.m.
in the Historic Federal
Building, (second
floor) 350 West 6th
Street, Dubuque, Iowa,
at which meeting the
City Council proposes
to dispose of an inter-
est in the following de-
scribed real property
to Charles R. and Col-
leen R. Sroka to accom-
modate proposed wa-
ter and sewer service
lines to serve Lot 2 -338
and Lot 2 -338A of Eagle
Point (2561 Front
Street):
an underlying por-
tion of Lot 339 of Ea-
gle Point (aka Ham's
Addition) in the City
of Dubuque, Dubu-
que County, Iowa.
At the meeting, the
City Council will re-
ceive oral and written
comments from any
resident or property
owner of said City to
the above action. Writ-
ten comments regard-
ing the above public
hearing may be sub-
mitted to the City
Clerk's Office on or be-
fore said time of public
hearing.
Copies of supporting
documents for the pub-
lic hearings are on file
in the City Clerk's Of-
fice, 50 W. 13th Street,
and may be viewed
during normal working
hours.
Any visual or hearing
mpaired persons
needing special assis-
tance or persons with
special accessibility
needs should contact
the City Clerk's Office
at (563) 589 -4120 or
TTY (563) 690 -6678 at
least 48 hours prior to
the meeting.
Dated this 19th day of
July, 2013.
Kevin S. Firnstahl,
CMC, City Clerk
RESOLUTION
NO. 230-13
RESOLUTION OF IN-
TENT TO DISPOSE OF
CITY INTEREST BY
GRANT OF EASEMENT
FOR PRIVATE UTILITY
TO CHARLES R. AND
COLLEEN R. ?SROKA
FOR AN UNDERLYING
PORTION OF LOT 339
OF EAGLE POINT
(AKA HAM'S ADDI-
TION)
Whereas, Charles R.
and Colleen R. Sroka
have requested a
"Grant of Easement"
for private utility for an
underlying portion of
of 339 of Eagle Point 'r
aka Ham's Addition)
or the purpose of con-
structing and maintain-
ing water and sewer
service lines; and
Whereas, Buesing and
Associates, Inc. has
prepared and submit-
ted to the City Council
an exhibit showing the
underlying portion of''
Lot 339 of Eagle Point
(aka Ham's Addition),
for proposed water and
sewer service lines in
the City of Dubuque,
Dubuque County, Iowa.
NOW, THEREFORE, BE
IT RESOLVED BY THE
CITY COUNCIL OF THE
CITY OF DUBUQUE, 10-
WA
Section 1. That the
City of Dubuque in-
tends to, grant an ease-
ment for private utility
for an underlying por-
tion of Lot 339 of Eagle
Point (aka Ham's Addi-
tion) in the City of Du -?
buque, Dubuque Coun-
ty, Iowa.
Section 2. That the
granting of easement
in the City of Dasubuque e,
Dubuque County,';lowa'
to Charles R. and Col-
leen R. Sroka be con-
tingent upon the pay-
ment of $875.00, plus
platting fees.
Section 3. That the
City Clerk be and is
hereby authorized and
directed to cause a no-
tice of intent to dis-
pose City interest by
grant of of easement for
an underlying portion
of Lot 339 of Eagle
(aka Ham s Addi-
tion) to be published in
the manner as prescri-
bed by law.
do
Passed, approveh' d and
apted this 15t day
of July, 2013.
RoyKevD.Iuol Mayor
Attest: in S.
Firnstahl, City Clerk
It 7/19
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: July 19, 2013, and for which the charge is $46.05.
(3zi,
Subscribed to before me =,Notary Public in and for Dubuque County, Iowa,
this day of ` , 20 /
Not iy Public in and for Dubuque County, Iowa.
MARY K, WESTE°:RMEYER
0Ffmloslgn Nurnbor 154885