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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 SPIKE 1 GRAVEL X 1 11 zX 1 FI 1 X STS GRATE IRIM - 603.62 L= 59].]9 X LOT 1 -357 'FM'FM —FM 'FM �FM �FM �FM �F N'FM'FM �FM 3„ foRcE LOT 1 -2.-3- FM �FM �FM ,,, FENCE ....,,,, , ,,,fBPIN 11NK —2-357 t;I STS -o c c O 3, o r^ UNK FENCE X LI EXISTING 20' WIDE EASEMENT "1:3° FOR STORM SEWER TS TS STq� ■ 515 MH RIM= 606.35 X • ■ E%IS11NG BUILDING L STS STS STS LOT 2 -338A ■ FF ELV= 609.75 /4" I PIPE ■ ACC 1 10 °0 \ \ 1 LOT 2 -338 STS o \ 130 2 In Ty \2� �f °� /�FEN CHAIN CE UNK /" \ L I• TS 1 • LOT 1 -338A STS SST STS STS sGry A GA \ -1 \ GRAVEL \ °*- °is\ 50.40' nSS EASEMENT AREA "B° AGREEMENT FOR PERPETUAL ROADWAY EASEMENT DAZED MAY 2, 1994 RA 1 0 55 MH RIM = 609.61 FLS= 604.43 • TS \ • 1 Liu J11'111 1 7c I ; i , ASIEMNC 8'' FE '� / ' p,z ACC 1 ' EASEMENT "B" FOR ' / • {i 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