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Beverly Avenue_Flat Iron Development_Storm Sewer AcceptanceMasterpiece 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 and Sanitary Sewer Easements from Roling, Flat Iron Development LLC, and Avenarius for Beverly Avenue Improvements Project DATE: January 14, 2014 City Engineer Gus Psihoyos is requesting acceptance of the storm and sanitary sewer easements from Brian and Michelle Roling, Flat Iron Development LLC, and Marlin and Ritchie Avenarius for a recently constructed storm sewer and existing sanitary sewer near the south end of Beverly Avenue in the City of Dubuque. 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 Masterpiece on the Mississippi TO: FROM: Gus Psihoyos, City Engineer Michael C. Van Milligen, City Manag Dubuque bitil All- Ameticacitr 1111 2007 • 2012 • 2013 SUBJECT: Accept Storm and Sanitary Sewer Easements from Roling, Flat Iron Development LLC, and Avenarius for Beverly Avenue Improvements Project DATE: January 13, 2014 INTRODUCTION The purpose of this memorandum is to seek acceptance of a storm and sanitary sewer easements from Brian and Michelle Roling, Flat Iron Development LLC, and Marlin and Ritchie Avenarius for a recently constructed storm sewer and existing sanitary sewer near the south end of Beverly Avenue in the City of Dubuque. DISCUSSION In 2012 the City of Dubuque constructed storm sewer improvements draining the south end of Beverly Avenue as part of the Beverly Avenue Storm Sewer Construction Project. The storm sewer runs through the Roling, Flat Iron and Avenarius properties and discharges onto the Avenarius property. Storm sewer easement agreements were executed and the property owners have been compensated but the easements have not been accepted by the city. The sanitary sewer easement from Roling will formalize an easement benefitting the city for an existing sanitary sewer across their property. RECOMMENDATION I recommend accepting the Grant of Easement for storm sewer and sanitary sewer easements through and across the following properties: 1. Roling (sanitary and storm sewer) a. the southerly ten (10) feet of Lot 73 of Lenox Addition in the City of Dubuque, Dubuque County, Iowa b. the southerly twenty (20) feet of Lot 73 of Lenox Addition in the City of Dubuque, Dubuque County, Iowa 2. Flat Iron Development LLC (storm sewer) a. a part of a twenty foot (20') wide strip abutting the northerly boundary line of Lot 1 of Lot 1 of Lot 2 of Bonson Farm Subdivision in the City of Dubuque, Iowa, from the centerline of Beverly Avenue extended to the westerly boundary Tine of said Lot, in the City of Dubuque, Dubuque County, Iowa 3. Avenarius (storm sewer) a. Lot 2 of Avenarius Place in the City of Dubuque, Dubuque County, Iowa ACTION TO BE TAKEN I respectfully request adoption of the attached resolutions accepting the Grants of Easement for storm and sanitary sewer from Brian and Michelle Roling, Flat Iron Development LLC, and Marlin and Ritchie Avenarius. Prepared by Nate Kieffer, PLS cc: Deron Muehring, Civil Engineer Denise lhrig, Civil Engineer John Klostermann, Street & Sewer Maintenance Supervisor 2 THE CITY OF DUB Masterpiece on the Mississippi Beverh Area Map Ave. ROW Ac uisition & Utilit Easements r)AGIS p.ed.ct e MI.. ARIA 0:740r111e 11.4,1,10, 51511 /I ROLING PROPERTY RECENTLY CONSTRUCTED STORM & SANITARY MAINS AVENARIUS PROPERTY FLAT IRON DEV. PROPERTY 2763 ' 763 ROW ACQUISTION AREA )ISCLAIMER: This Information was compiled sing the Dubuque Area Geographic Information System DAGIS), which Includes data created by both the City of Dubuque and Dubuque County. It is understood that, while he City of Dubuque and partidpating agencies utilized the nost current and accurate information available, DAGIS and suppliers do not warrant the accuracy or currency of the nformation or data contained herein. The City and participating agencies shall not be held liable for any direct, indirect, incidental, onseguential, punitive, or spedal damages, whether foreseeable o r Inforeseeable, arising out of the authorized or unauthorized use of his data or the inability to use this data or out of any breach of Iarranty whatsoever. 50 1 inch = 50 feet 25 0 50 Feet W N Aerial Services, Inch Map Prepared by: City of Dubuque Engineering Division 50 West 13th Street Dubuque, Iowa 52001 Phone: (563) 589 -4270 Fax: (563) 589 -4205 iiiiiiiii11iiihillhillhillhillhillhillhillhilliiiiuiiiihill1111 Doc ID: 007905840004 Type: Kind: EASEMENT Feco : Amt: $22.00 02:28:04 PM Page I of Dubuque County Iowa Kathy Flynn File20 4- 00000783 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 "' Street, Dubuque, IA 52001 (563) 589 -4270 GRANT OF EASEMENT FOR SANITARY SEWER For and in consideration of the sum of One Hundred Dollars and zero cents ($100.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Brian L. Roling and Michelle P. Roling 2766 Carlton Ave. 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: The southerly twenty (20) feet of Lot 73 of Lenox Addition in the City of Dubuque, Iowa Said easement shall be for the purpose of constructing, reconstructing, remodeling or repairing a sanitary sewer and appurtenances in accordance with the Construction Standards 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 due to the installation, reconstruction and repair of said sanitary 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, and 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. 2200 City Clerk To have and to hold unto the said City of Dubuque, Iowa, forever, and the undersigned do hereby expressly covenant that they are the owner(s) 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 sanitary sewer thereon or therein. Dated at Dubuque, Iowa this 7'G1 day of JUUte,, , 2012. STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this Brian d ling ichile P. Ro ' g ACKNOWLEDGMENT it, RONALD J TURNER Notarial Seal - IOWA KeilA Commission No. 188684 My Commission Expires February 07, 20 day of , A.D., 2012 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Brian L. Roling and Michelle P. Roling to me known to be the identical person(s) named in and who executed the within and foregoing instrument, to whic this is ;, -ched, and acknowledged that they executed the same as their volunt � act an Notary P • Ii n and For Said State Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 Return to: Nate Kieffer. City of Dubuque. 50 W. 13th Street. Dubuque, IA 52001 (563) 589 -4270 RESOLUTION NO. 7 -14 A RESOLUTION ACCEPTING THE GRANT OF AN EASEMENT FOR SANITARY SEWER THROUGH, OVER AND ACROSS THE SOUTHERLY TWENTY (20) FEET OF LOT 73 OF LENOX ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Brian L. Roling and Michelle P. Roling have executed an Easement for Sanitary Sewer through, over and across the southerly twenty (20) feet of Lot 73 of Lenox Addition 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 Sanitary Sewer through, over and across southerly twenty (20) feet of Lot 73 of Lenox Addition in the City of Dubuque, Dubuque County, Iowa, Iowa from Brian L. Roling and Michelle P. Roling, 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 dayjf J uay$r, 2014. Attest: _ AI Kevin Flrnstahl, MC, "-ity Clerk Roy D. Buol, Mayor STATE OF IOWA CERTIFICATE of the CITY CLERK 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 7 -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. / A . A . Ke in S. Firnstahl, C City Clerk 111111111111111011111111111111 Doc ID 007905850004 Type GEN Kind EASEMENT Recorded: 01/23/2014 at 02:29:14 PM Fee Amt: $22.00 Page 1 of 4 Dubuque County Iowa Kathy Flynn Thurlow Recorder Q /� Fi1e2014- 00000 1 % 84 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. 13th Street, Dubuque, IA 52001 (563) 589 -4270 GRANT OF EASEMENT FOR STORM SEWER For and in consideration of the sum of One Thousand Five Hundred Sixty -Five Dollars and zero cents ($1,565.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Brian L. Roling and Michelle P. Roling 2766 Carlton Ave. 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: The southerly ten (10) feet of Lot 73 of Lenox Addition in the City of Dubuque, Iowa Said easement shall be 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 twenty (20) feet in width along southerly line of said Lot 73 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. 22 °a (cry Clerk Grantor shall not change the grade, elevation, and 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 --t4 day of [%IIg STATE OF IOWA, , 2012. Michfelle P. Roling ACKNOWLEDGMENT COUNTY OF DUBUQUE, SS: On this 7- day o A.D., 2012 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Brian L. Roling and Michelle P. Roling to me known to be the identical person(s) named in and who executed the within and foregoing i • _ trument, to which this is attached, and acknowledged that they executed t :me as Wit- voluntary act and deed. '_„ frc a Notarial Seal • IOWA % RONALD J TURNER wva Commission No. 188684 My Commission Expires February 07, 20 Nota In and For Said State Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 Return to: Nate Kieffer. City of Dubuque, 50 W. 13th Street. Dubuque, IA 52001 (563) 589 -4270 RESOLUTION NO. 8 -14 A RESOLUTION ACCEPTING THE GRANT OF AN EASEMENT FOR STORM SEWER THROUGH, OVER AND ACROSS THE SOUTHERLY TEN (10) FEET OF LOT 73 OF LENOX ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Brian L. Roling and Michelle P. Roling have executed an Easement for Storm Sewer through, over and across the southerly ten (10) feet of Lot 73 of Lenox Addition 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 southerly ten (10) feet of Lot 73 of Lenox Addition in the City of Dubuque, Dubuque County, Iowa, Iowa from Brian L. Roling and Michelle P. Roling, 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 Janu ry, 2014. 7 Roy D. Buol, Mayor STATE OF IOWA CERTIFICATE of the CITY CLERK 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. do further state that the hereto attached Resolution No. 8 -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. Key' . Firnstah , CM City Clerk 11111MBEIRMION iii Doc ID: 007905860004 Type: GEN Kind: EASEMENT Recorded: 01/23/2014 at I of2429'33 PM Dubuque County Iowa Kathy Flynn Thurlow Recorder % Q F11e2014 00000/85 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 GRANT OF EASEMENT FOR STORM SEWER For and in consideration of the sum of One dollar and zero cents ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Flat Iron Development, LLC, an Iowa limited liability company 14301 Route 20 Dubuque, Iowa 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, 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 twenty (20) foot wide strip abutting the northerly boundary line of Lot 1 of Lot 1 of Lot 2 of Bonson Farm Subdivision in the City of Dubuque, Iowa, from the centerline of Beverly Avenue extended to the westerly boundary of said Lot. Said easement shall be 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 a temporary easement area thirty (30) feet in width along said northerly boundary line 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 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. L2oo QCity Clerk Grantor shall not change the grade, elevation, and 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 ll/ day of °u , 2012. Thomas J. Kluck ALL - PURPOSE ACKNOWLED(M t1i' STATE OF IOWA COUNTY OF DUBUQUE } ss: On this lO day of.r e--- , A.D. 20 /Z, before me, the undersigned, a Notary Public in and for said State, personally appeared Thomas J. Kluck 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 t e instrument the person(s), or the entity(ies) u • • •ehalf of w ,/ the person(s) acted, executed the instrume iona/cx Notary Public in and for the State of Iowa (SEAL) (Sign Name) (Print Name) RONALD J TURNER r Notarial Seal - IOWA IOWA Commission No. 188684 My Commission Expires February 07, 2013 (CAPACITY CLAIMED BY SIGNER: I_INDIVIDUAL IXCORPORATE Titles of corporate Officer(s): _Corporate Seal is affixed X No Corporate Seal procured _PARTNERSHIP:_Limited_Gen'I _ATTORNEY -I N- FACT _EXECUTOR(s) or TRUSTEE(s) GUARDIAN(s) or CONSERVATOR(s) OTHER: SIGNER IS REPRESENTING: Flat Iron Development. LLC Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque. IA 52001 (563) 589 -4270 Return to: Nate Kieffer. City of Dubuaue. 50 W. 13th Street. Dubuque, IA 52001 (563) 589 -4270 RESOLUTION NO. 9 -14 A RESOLUTION ACCEPTING THE GRANT OF AN EASEMENT FOR STORM SEWER THROUGH, OVER AND ACROSS A PART OF A TWENTY FOOT (20') WIDE STRIP ABUTTING THE NORTHERLY BOUNDARY LINE OF LOT 1 OF LOT 1 OF LOT 2 OF BONSON FARM SUB. IN THE CITY OF DUBUQUE, IOWA, FROM THE CENTERLINE OF BEVERLY AVE. EXTENDED TO THE WESTERLY BOUNDARY LINE OF SAID LOT, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Flat Iron Development, LLC, has executed an Easement for Storm Sewer through, over and across a part of a twenty foot (20') wide strip abutting the northerly boundary line of Lot 1 of Lot 1 of Lot 2 of Bonson Farm Subdivision in the City of Dubuque, Iowa, from the centerline of Beverly Avenue extended to the westerly boundary line of said Lot, 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 a part of a twenty foot (20') wide strip abutting the northerly boundary line of Lot 1 of Lot 1 of Lot 2 of Bonson Farm Subdivision in the City of Dubuque, Iowa, from the centerline of Beverly Avenue extended to the westerly boundary line of said Lot, in the City of Dubuque, Dubuque County, Iowa from Flat Iron Development, 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 January, 14. 7 Roy D. Buol, Mayor Attest: Kevin S. IRirnstahl, CM City erk 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. 9 -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. Kevin Firnstahl, C C, C lerk iimuuumiNiumu�mNi�mwmww Doc ID. 007906490005 Type: GEN Kind: EASEMENT Recorded: 01/24/2014 at 03:20:30 PM Fee Amt: $27.00 Pape 1 of 5 Dubuque County Iowa Kathy Flynn Thurlow Recorder Q /� Fi1e2014- 00000840 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. 13th Street, Dubuque, IA 52001 (563) 589 -4270 GRANT OF EASEMENT FOR STORM SEWER For and in consideration of the sum of Five Hundred Dollars and zero cents ($500.00), and other good and valuable consideration, the receipt whereof is hereby acknowledged, Marlin Avenarius (4/5 int.) Ritchie Avenarius (1/5 int.) 2985 University Ave. 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: Lot 2 of Avenarius Place in the City of Dubuque, Dubuque Co., Iowa Said easement shall be along the northerly 10 feet of Said Lot 2 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. It is understood and agreed that the grantee herein shall reconstruct the existing fence removed for the construction on the property line and 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, and 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. 210° CityClerk RONALD J TURNER Notarial Seal - IOWA IOWA Commission No. 188684 My Commission Expires February 07, 20i7t 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 a - day of \Gvi`e., , 2012. CAVtil-k) ititeLte,e' ) Marlin Avenarius Ritchie Avenari%s STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this / day of en' , A.D., 2012 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Marlin Avenarius to me known to be the identical person named in and who executed the within and foregoing instrument, to which this is- Jached, and acknowledged that she executed the same as her voluntary act fir" deed. Notary P % is In and For Said State STATE OF IOWA, COUNTY OF DUBUQUE, SS: e "`"` L RONALD J TURNER Notarial Seal - IOWA IOWA Commission No. 188684 My Commission Expires February 07, 20L' On this /e1--day of G -e , A.D., 2012 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ritchie Avenarius to me known to be the identical person named in and who executed the within and foregoing instrument, to which this is a 'ed, and nowledged c an• : - AirA that he executed the same as his voluntary act Notary P n and For Said State Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 Return to: Nate Kieffer, City of Dubuque. 50 W. 13`h Street, Dubuque. IA 52001 (563) 589 -4270 RESOLUTION NO. 10 -14 A RESOLUTION ACCEPTING THE GRANT OF AN EASEMENT FOR STORM SEWER THROUGH, OVER AND ACROSS A PART OF LOT 2 OF AVENARIUS PLACE IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Marlin Avenarius and Ritchie Avenarius have executed an Easement for Storm Sewer through, over and across Lot 2 of Avenarius Place 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 2 of Avenarius Place in the City of Dubuque, Dubuque County, Iowa from Marlin Avenarius and Ritchie Avenarius, 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 Janu ry, 2014 Kevin S. F rnstahl, CMC, C. Clerk 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. 10 -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. Firnstahl, CMC, City Clerk TL-LE CITY OF Dus Masterpiece on the Mississippi. EXHIBIT A Storm Sewer Easement - Avenarius pr.eend DAGiS OUIUOUSARIA GROGRAPMIC INFORMATION SYSTEM or.h� ,Se a.ew> 2763 2763 2763; 2763 2763 2763 632763 '2763 2763 63 2763 2763 J2763 763 ;2763 2763 2763 2763 276 2763 2 DISCLAIMER: This Information was compiled using the Dubuque Area Geographic Information System ( DAGIS), which includes data created by both the aty of Dubuque and Dubuque County. It Is understood that, while the City of Dubuque and participating agencies utilized the most currant and accurate Information available, DAGIS and It's suppliers do not warrant the accuracy or Currency of the Information or data contained herein. The City and participating agencies shall not be held liable for any direct, indirect, Incidental, consequential, punitive, or spacial damages, whether foreseeable or unforeseeable, arising out of the authorized or unauthorized use of this data or the Inability to use this data or out of any breach of warranty whatsoever. 60 1 inch = 30 feet 30 0 Feet Map Prepared by: City of Dubuque Engineering Division 50 West 13th Street Dubuque, Iowa 52001 Phone: (563) 589 -4270 Fax: (563) 589 -4205 1