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
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Masterpiece on the Mississippi.
EXHIBIT A
Storm Sewer Easement - Avenarius
pr.eend
DAGiS
OUIUOUSARIA GROGRAPMIC INFORMATION SYSTEM
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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
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