Center Grove_Acceptance of Storm and Sanitary ImprovementsMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
band
AI- America City
1
2007 • 2012 • 2013
SUBJECT: Accept Storm Sewer and Sanitary Sewer Easement from Myla and Co.
LLC through part of Lot 2 Centre Grove Plat 2, and Lots 21A, 22A and 26
of Center Grove, in the City of Dubuque, Dubuque County, Iowa
DATE: January 16, 2014
City Engineer Gus Psihoyos is recommending acceptance of a storm sewer and
sanitary sewer easement from Myla and Company for an existing storm sewer and
recently constructed sanitary sewer across part of Lot 2 Centre Grove Plat 2, and Lots
21A, 22A, and 26 of Center Grove, in the City of Dubuque, Dubuque County, Iowa.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
TO:
FROM: Gus Psihoyos, City Engineet_
Masterpiece on the Mississippi
Michael C. Van Milligen, City Manager
Dubuque
AI- Amedcaclai
1111 1
2007 • 2012 .2013
SUBJECT: Accept Storm Sewer and Sanitary Sewer Easement from Myla and Co. LLC
through part of Lot 2 Centre Grove Plat 2, and Lots 21A, 22A, and 26 of Center
Grove, in the City of Dubuque, Dubuque County, Iowa
DATE: January 13, 2014
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a storm sewer and sanitary sewer
easement from Myla and Company for an existing storm sewer and recently constructed
sanitary sewer across part of Lot 2 Centre Grove Plat 2, and Lots 21A, 22A, and 26 of Center
Grove, in the City of Dubuque, Dubuque County, Iowa.
DISCUSSION
In the Summer of 2013, the owners of the property at 3338 Center Grove Drive had proposed
to construct a storage building in the southwest corner of the property. A sanitary sewer
construction agreement between the city and the owner was executed in order to relocate the
existing sanitary sewer main due to a conflict with the proposed building location. A storm
sewer easement has never been formally recorded for the existing storm sewer across the
property.
The attached Plat of Storm Sewer and Sanitary Sewer Easement shows the easements to be
granted across part of Lot 2 Centre Grove Plat 2, and Lots 21A, 22A, and 26 of Center Grove,
in the City of Dubuque, Dubuque County, Iowa. The property is owned by Myla and Company
LLC.
RECOMMENDATION
I recommend accepting the Grant of Easement for a storm sewer and sanitary sewer
easement through and across part of Lot 2 Centre Grove Plat 2, and Lots 21A, 22A, and 26 of
Center Grove, in the City of Dubuque, Dubuque County, Iowa, as shown on the attached Plat
of Storm Sewer and Sanitary Sewer Easement.
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolution accepting the Grant of Easement for
storm sewer and sanitary sewer from Myla and Company LLC.
Prepared by Nate Kieffer, PLS
cc: Deron Muehring, Civil Engineer
Denise Ihrig, Civil Engineer
John Klostermann, Street & Sewer Maintenance Supervisor
2
Prepared by: Russell N. Kieffer, City of Dubuque, 50 W. 13'h Street, Dubuque, IA 52001 (563) 589 -4270
Return to: Russell N. Kieffer. City of Dubuque, 50 W. 13th Street, Dubuque. IA 52001 (563) 589 -4270
RESOLUTION NO. 6 -14
A RESOLUTION ACCEPTING THE GRANT OF AN EASEMENT FOR STORM
SEWER AND SANITARY SEWER THROUGH, OVER AND ACROSS A PART
OF LOT 2 CENTRE GROVE PLAT 2, AND LOTS 21A, 22A, AND 26 OF
CENTER GROVE, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY,
IOWA.
Whereas, Myla and Company LLC have executed an Easement for Storm
Sewer and Sanitary Sewer through, over and across a part of Lot 2 Centre Grove
Plat 2, and Lots 21A, 22A, and 26 of Center Grove, 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
and Sanitary Sewer through, over and across a part of Lot 2 Centre Grove Plat 2,
and Lots 21A, 22A, and 26 of Center Grove, in the City of Dubuque, Dubuque
County, Iowa, from Myla and Company LLC, 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 21st day of Janes( ry, 2014.
Attest:
Kevin S. IAirnstahl, CMC, City erk
Roy D. Buol, Mayor
IIIIIIIIIIVtlYVIIIIIIhIIIIIWNININWNMNw
Doc ID 007905900006 Type GEN
Kind EASEMENT
Recorded: 01/23/2014 at 02:34:43 PM
Fee Amt: $32.00 Page 1 of 6
Dubuque County Iowa
Kathy Flynn Thurlow Recorder (�
Fi1e2014- 000001 % Q
Prepared by: Russell N. Kieffer, City of Dubuque, 50 W. l3`h Street, Dubuque, Iowa 52001 (563)589 -4270
Return to: Russell N. Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589 -4270
GRANT OF EASEMENT FOR STORM SEWER & SANITARY SEWER
For and in consideration of the sum of One and 00/100 Dollar ($1.00) and other
good and valuable consideration, the receipt whereof is hereby acknowledged,
Myla and Company LLC
13751 Barrington Dr.
Dubuque, IA 52003
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, from the date hereof, right -of -ways and
easements through, under and across the following described real estate
situated in Dubuque, Iowa, to wit:
A part of Lot 2 Centre Grove Plat 2, and Lots 21A, 22A, and 26 of Center
Grove, in the City of Dubuque, Dubuque County, Iowa, as shown on
Exhibit A attached hereto and by reference made a part hereof.
Said easements shall be as shown on the attached Exhibit A for the purpose of
constructing and maintaining storm sewer, sanitary sewer and other
appurtenances, along with the right, privilege and authority to construct,
reconstruct, maintain, operate, repair, patrol and remove said improvements.
It is understood and agreed that the Grantee herein shall restore the disturbed
area due to the construction, maintenance or repair of said storm sewer and
sanitary sewer and other appurtenances. 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, and contour or perform any
construction or excavation that will diminish the lateral support or integrity of said
improvements without obtaining the prior written consent of the City Engineer.
3/29�' Q ()JILL,/ L.
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 or repair said storm sewer and
sanitary sewer thereon or therein.
, 1°1-'1 4 this a 3 day of
Myla and Company
An Iowa •rporation
By:
Cheryl J. Kalb
COUNTY OF DUBUQUE
On this a' ✓ day of ':. __ , +013, before me, the undersigned, a Notary Public
in and for said State, personally appeared Che ' I J. Kalb
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.
7144 41 s
(Notary Seal)
RUSSELL N KIEFFER
Commission Number 778626
My Commission Expires
Ma 24, 2016
(sign in ink)
faVZ -L /�l?� ,�`!I (r• pe name)
Notary Public in and for State of Iowa
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE OFFICER(S) President (Title)
(CORP SEAL)
_ AFFIXED SIGNER IS REPRESENTING:
NO SEAL PROCURED Myla and Company LLC
PARTNER(S) _ LIMITED _ GENERAL
_ ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN /CONSERVATOR
OTHER
EXHIBIT A
Prepared by: SCHNEIDER Land Surveying and Planning, Inc. P.O.Box 128 Farley. Iowa 52046 Ph #563- 744 -3631
PLAT OF EASEMENTS
SANITARY - SEWER EASEMENT AND- STORM ._ SEWER EASEMENT_
PART OF LOT 2 CENTRE GROVE PLAT 2, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. AND
LOTS 21A, 22A, AND 26 OF CENTRE - GROVE, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA.
OBE Oaiv�
CEN•�Ea G� NW CORNER
OF STREET LOT 2
09,37..E CENTRE GROVE
Ng
59.93 PLAT 2
NGt.t0'00 "E 379.97'
NW CORNER,
/l33.0° LOT 26
�93,— CENTRE GROVE
FILE NO.2004 -3463
EXISTING SANITARY
SEWER EASEMENT
NE
LOT
LOT
LEGEND CENT
• FOUND 1/2" REBAR w/
YELLOW CAP #14417
AL FOUND 1 -1/4" PIPE
• FOUND 5/8" REBAR
)2( SET MAG NAIL
A
THE Gov
01 25. ovE CEN
CENTRE
ORNER,
OF PART OF
OF LOT 20
E GROVE
LOS �PpVE
call RE
INST- NO.1679 -92
EXISTING SANITARY
SEWER EASEMENT
11.0'
500'11'10 "W
4.78'
N09'4B' 50"
31.96'
4,40g67.
SW CORNER
LOT 2_ -. .....
CENTRE GROVE
PLAT 2
�0 • AGG,
h,9•A•03 •
6, O9 N- pg9a • A2' p`. "9 0,
2? 567 V7 66 Cp`�� `1 n '
cHi�Ra%
EASEMENT DESCRIPTIONS: 2SCRIPTIONS: P a%
/ p;9 42.' 36.
90 ,A,
0r 13.14
PROPRIETORS:
MYLA AND COMPANY, L.L.C.,
MARK KALB AND
CHERYL J. KALB
13751 BARRINGTON DRIVE
DUBUQUE, IOWA 52003
SURVEY REQUESTED BY:
CITY OF DUBUQUE
c/o NATE KIEFFER
O
ti
GRAPHIC SCALE
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 - ly license ¢-L nd Surveyor under the laws of
t Stat of I
/ / / /Zo /3
Da P. Schneider P.L.S. #14417 Date:
My license renewal date is December 31, 2013.
Pages or sheets covered by this seal: THIS SHEET ONLY
i
i
O
03
O
O
SCHNEIDER
Land Surveying
6
Planning, Inc.
P.O. Box 128
Farley, Iowa 52046
Ph# 563- 744 -3631
Fax 563 - 744 -3629
Project:1824PSease
Date: 10/31/2013
Sheet: i of 2
Sheet 2 of 2
Description - Sanitary Sewer Easement:
A strip of land 20.0 feet in width across part of Lot 2 in Centre Grove Plat 2, City
of Dubuque, Dubuque County, Iowa, and Lot 22A and Lot 26 of Centre Grove,
City of Dubuque, Dubuque County, Iowa, being situated 11.0 feet north and 9.0
feet south of a line described as follows: Commencing at the southwest corner of
said Lot 2 in Centre Grove Plat 2, City of Dubuque, Dubuque County, Iowa;
thence N09 °48'50 "W, 66.59 feet along the west line of said Lot 2 to the point of
beginning, thence N80 °11'10 "E, 63.52 feet and there terminating
Description - Storm Sewer Easement:
A strip of land generally 20.0 feet in width across part of Lot 2 in Centre Grove
Plat 2, City of Dubuque, Dubuque County, Iowa, and Lot 21A, Lot 22A and Lot 26
of Centre Grove, City of Dubuque, Dubuque County, Iowa, more particularly
described as follows: Commencing at the northwest corner of said Lot 2 in
Centre Grove Plat 2, City of Dubuque, Dubuque County, Iowa; thence
S09 °48'50 "E, 23.17 feet along the west line of said Lot 2 to the point of
beginning; thence S46 °01'21 "E, 74.84 feet; thence S18 °19'04 "E, 103.27 feet;
thence N83 °07'58 "E, 165.98 feet to the southerly curve of said Lot 21A and the
beginning of a curie concave to the south having a radius of 990.42 feet, a
central angle of 10 °36'36" and a chord which bears S75 °46'08 "W, 183.14 feet;
thence westerly, 183.40 feet along said curve; thence leaving said curve
N18 °19'04 "W, 17.86 feet; thence N09 °48'50 "W, 31.96 feet; thence S80 °11'10 "W,
4.78 feet; thence N18 °19'04 "W, 68.06 feet; thence N46 °01'21 "W, 42.59 feet to
the west line of said Lot 2; thence N09 °48'50 "W, 33.86 feet along the west line of
said Lot 2 to the point of beginning, containing 0.11 acres.
I hereby certify that this land survey 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.
II/Obi?
David P. Schneider P. .S. #14417 Date: "" LAND
My license renewal date is December 31, 2013.
Pages or sheets covered by this seal: This Sheet Only = 0
Schneider Land Surveying & Planning; Inc.
P.O. Box 128 Farley, Iowa 52046 Job No.1824PSease
Phone: 563-744-3631 Fax: 563-744-3629
Email: daves @yousq.net Date: 10/31/2013
Prepared by: Russell N. Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270
Return to: Russell N. Kieffer, City of Dubuque, 50 W. 13`h Street, Dubuque, IA 52001 (563) 589 -4270
RESOLUTION NO. 6 -14
A RESOLUTION ACCEPTING THE GRANT OF AN EASEMENT FOR STORM
SEWER AND SANITARY SEWER THROUGH, OVER AND ACROSS A PART
OF LOT 2 CENTRE GROVE PLAT 2, AND LOTS 21A, 22A, AND 26 OF
CENTER GROVE, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY,
IOWA.
Whereas, Myla and Company LLC have executed an Easement for Storm
Sewer and Sanitary Sewer through, over and across a part of Lot 2 Centre Grove
Plat 2, and Lots 21A, 22A, and 26 of Center Grove, 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
and Sanitary Sewer through, over and across a part of Lot 2 Centre Grove Plat 2,
and Lots 21A, 22A, and 26 of Center Grove, in the City of Dubuque, Dubuque
County, Iowa, from Myla and Company LLC, 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 21St day of Jan j ry, 2014.
AV
Kevin S. ''rnstahl, CMC, City erk
Roy D. Buol, Mayor
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. 6 -14 is a true and correct copy
of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 22nd day of January, 2014.
v-je"
Kevi . Firnstah , CMC, City Clerk