2115 Sunnyview Drive Agreement-Acceptance of Storm Sewer Easement_NoonanMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
band
AI -America City
11111r
2007 • 2012 • 2013
SUBJECT: Approval of an Agreement and Acceptance of Storm Sewer Easement
from Noonan Property at 2115 Sunnyview Drive
DATE: July 15, 2014
City Engineer Gus Psihoyos recommends City Council approval of an agreement and
acceptance of a storm sewer easement from James E. and Kristine E. Noonan for a
proposed storm sewer relocation.
The Noonans are planning to construct an addition to their single family dwelling at
2115 Sunnyview Drive. After some investigation, it was found that an existing private
storm sewer pipe was located under the existing residence and the area of the
proposed home addition. The City and the property owners have agreed on terms for
re-routing the private storm sewer around the existing residence and proposed addition.
The City of Dubuque will then take ownership and maintain the storm sewer utility after
completion and acceptance of the project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
bd-t44 ,,,,,
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF
DIIjI1
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Mana•er
FROM: Gus Psihoyos, City Engineer
Dubuque
kard
1111-Ameica City
11111,
2007 • 2012 • 2013
SUBJECT: Approval of an Agreement and Acceptance of Storm Sewer Easement from Noonan
Property at 2115 Sunnyview Drive
DATE: July 14, 2014
INTRODUCTION
The purpose of this memorandum is to seek approval of an agreement with James E. and Kristine E.
Noonan and acceptance of a storm sewer easement from James E. and Kristine E. Noonan for a
proposed storm sewer relocation across a part of the Southerly 99 Feet of Lot 92 in Finley's Addition to
the City of Dubuque, in the City of Dubuque.
DISCUSSION
The Noonans are planning to construct an addition to their single family dwelling at 2115 Sunnyview
Drive. After some investigation, it was found that an existing private storm sewer pipe was located
under the existing residence and the area of the proposed home addition. The City and the property
owners have agreed on terms for re-routing the private storm sewer around the existing residence and
proposed addition. The City of Dubuque will then take ownership and maintain the storm sewer utility
after completion and acceptance of the project.
RECOMMENDATION
I recommend approval of the Memorandum of Agreement with the property owners for the relocation of
the existing storm sewer on the lot. A copy of the Memorandum of Agreement between the property
owners and the City is attached. I also recommend accepting the Grant of Easement for a storm sewer
easement through and across a part of the Southerly 99 Feet of Lot 92 in Finley's Addition to the City of
Dubuque, in the City of Dubuque, Iowa, as shown on Exhibit A on the attached Grant of Easement.
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolution approving the Memorandum of Agreement
with James E. and Kristine E. Noonan and accepting the Grant of Easement for storm sewer from
James E. and Kristine E. Noonan.
Prepared by Nate Kieffer, PLS
cc: Deron Muehring, Civil Engineer
Denise Ihrig, Civil Engineer
John Klostermann, Street & Sewer Maintenance Supervisor
1
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. 207-14
A RESOLUTION APPROVING A MEMORANDUM OF AGREEMENT
FOR CONSTRUCTION OF A STORM SEWER AND ACCEPTING A GRANT
OF EASEMENT FOR STORM SEWER THROUGH, OVER AND ACROSS A
PART OF THE SOUTHERLY 99 FEET OF LOT 92 IN FINLEY'S ADDITION TO
THE CITY OF DUBUQUE, DUBUQUE, IOWA
Whereas, James E. and Kristine E. Noonan have executed a
Memorandum of Agreement with the City of Dubuque setting forth the terms for
the relocation of the existing storm sewer utility through a part of the Southerly 99
Feet of Lot 92 in Finley's Addition to the City of Dubuque, in the City of Dubuque,
Dubuque County, Iowa; and
Whereas, James E. and Kristine E. Noonan have executed an Easement
for Storm Sewer through, over and across a part of the Southerly 99 Feet of Lot
92 in Finley's Addition to the City of Dubuque, 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 the Southerly 99 Feet of Lot 92 in Finley's
Addition to the City of Dubuque, in the City of Dubuque, Dubuque County, Iowa
from James E. and Kristine E. Noonan, 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.
Section 3. The City Council of the City of Dubuque, Iowa, hereby
approves of the Memorandum of Agreement with James E. and Kristine E.
Noonan setting forth the terms for the relocation of the existing storm sewer utility
through a part of the Southerly 99 Feet of Lot 92 in Finley's Addition to the City of
Dubuque, in the City of Dubuque, Dubuque County, Iowa, a copy of which is
attached hereto.
Section 4. The City Manager 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 Ju J 2014.
Kevin Firnstahl, C C,
Roy D. Buol, Mayor
1111111 II II
IIH 111111i
Doc' ID 008057070020 Type: GEN
Kind RESOLUTION
Recorded: 07/25/2014 at 11:56:18 AM
Fee Amt: $102.00 Page 1 of 20
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
Fi1e2014-00007987
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. 207-14
A RESOLUTION APPROVING A MEMORANDUM OF AGREEMENT
FOR CONSTRUCTION OF A STORM SEWER AND ACCEPTING A GRANT
OF EASEMENT FOR STORM SEWER THROUGH, OVER AND ACROSS A
PART OF THE SOUTHERLY 99 FEET OF LOT 92 IN FINLEY'S ADDITION TO
THE CITY OF DUBUQUE, DUBUQUE, IOWA
Whereas, James E. and Kristine E. Noonan have executed a
Memorandum of Agreement with the City of Dubuque setting forth the terms for
the relocation of the existing storm sewer utility through a part of the Southerly 99
Feet of Lot 92 in Finley's Addition to the City of Dubuque, in the City of Dubuque,
Dubuque County, Iowa; and
Whereas, James E. and Kristine E. Noonan have executed an Easement
for Storm Sewer through, over and across a part of the Southerly 99 Feet of Lot
92 in Finley's Addition to the City of Dubuque, 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 the Southerly 99 Feet of Lot 92 in Finley's
Addition to the City of Dubuque, in the City of Dubuque, Dubuque County, Iowa
from James E. and Kristine E. Noonan, 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.
Section 3. The City Council of the City of Dubuque, Iowa, hereby
approves of the Memorandum of Agreement with James E. and Kristine E.
WIAf&Y
Noonan setting forth the terms for the relocation of the existing storm sewer utility
through a part of the Southerly 99 Feet of Lot 92 in Finley's Addition to the City of
Dubuque, in the City of Dubuque, Dubuque County, Iowa, a copy of which is
attached hereto.
Section 4. The City Manager 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 Ju j 2014.
Kevin Firnstahl, C 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. 207-14 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 July, 2014.
Kevin Firnstahl,IIC, ity Clerk
Prepared by: Crenna Brumwell, Assistant City Attorney, 300 Main Street, Suite 330, Dubuque, IA 52001 563-589-4381
Return to: Crenna Brumwell, Assistant City Attorney, 300 Main Street, Suite 330, Dubuque, IA 52001 563-589-4381
GRANT OF EASEMENT FOR STORM SEWER
For and in consideration of the City of Dubuque (Grantee) abandoning any and all
interest, if any, in the existing private storm sewer shown on Exhibit A and providing the
Engineering services and construction materials for relocation of the storm sewer at
2115 Sunnyview Drive, Dubuque, IA 52001,
James E. and Kristine E. Noonan (Grantors)
2115 Sunnyview Drive
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:
Southerly 99 feet of Lot 92 in Finley's Addition to the City of Dubuque,
Iowa, according to the recorded plat thereof.
Said easement shall be over and across the area shown on Exhibit B and described as
follows:
The Southerly twenty feet and the Easterly ten feet of the Southerly 99
feet of Lot 92 in Finley's Addition to the City of Dubuque, Iowa, according
to the recorded plat thereof.
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 feet (30') in width centered on the proposed storm sewer alignment during
the period of construction until the project is accepted by City Council.
It is understood and agreed that Grantee herein shall abandon any and all interest
Grantee has in the existing storm sewer, if any.
Grantors shall not erect any structure over or within the easement area without
obtaining the prior written approval of the City Engineer.
Grantors shall not change the grade, elevation, 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.
In its use of the Easement Area and in the performance of the work which Grantee is
authorized to perform within the Easement Area Grantee shall avoid any damage to, or
interference with, other improvements within the Easement Area or in the vicinity and
minimize disruption to the surface area.
Grantee shall restore the Easement Area to a substantially identical condition as existed
prior to Grantee's entry, after the performance or exercise of any of Grantee's rights or
obligations under the terms of this Agreement.
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, replace or repair said storm sewer thereon or therein.
Dated at Dubuque, Iowa this 3 day of / , 2014.
James E. Noonan Kristine E. Noonan
1h ri,.)c rt A ---
Notary Public
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
%
On this 3 day of 3u.19 , 2014 before me, the undersigned, a Notary
Public in and for said County, in said State, personally appeared James E. Noonan and
Kristine E. Noonan, to me known to be the identical person(s) named in and who
executed the within and foregoing instrument, to which this is attached, and
acknowledged that they executed the same as their voluntary act and deed.
City of Dubuque
DENA A. LANG
Commission Number 725812
My Comm. Exp. 11-11±5__
By: Michae C. Van Milligen
STATE OF IOWA,
Notary Public In an
Notary Public
For Said State
COUNTY OF DUBUQUE, SS:
On this SJ "a' day of Li , 2014 before me, the undersigned, a Notary
Public in and for said Couhty, in said State, personally appeared Michael C. Van
Milligen, to me known to be the identical person(s) named in and who executed the
within and foregoing instrument, to which this is attached, and acknowledged that they
executed the same as their voluntary act and deed.
TT .-GTESOSE
) Commission Number 719986
I My Commission Expires
Notary Public In and For Said State
EXHIBIT A
EXHIBIT A
S 99' OF LOT 92 FINLEYS ADD
In the City of Dubuque
Dubuque,County, IA.
OWNER: NOONAN. JAMES E. & KRISTINE E.
I
24" 1TORM S
21° TO
1`RANSITION
P POSED AD MON
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2? STORM SEWER
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SUNNYVIEW DR.
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SCALE 1" = 40' FEET
Dubuque
CITY OF DLTBUQUE
ENGINEERING DEPARTMENT
CITY HAL-, 50 WEST 13th STREET
DUBUQUE. IA 52001-4864
PHONK (663)6604270 FAX (663)868-4806
MINI I* Be 1 A54314E5 BN( [Mk 64E14
2007.2012.2013 C1P.14..6..
EXHIBIT A
2115 SUNNYVIEW DR.
510441.555
DESIGN TEAM: NS ITT OF DUBUQUE - ENGINEERING DEPT. DUBUQUE COUNT PROJECT NUMBER; 7201066 2115 SUnnyview Dr, Storm Sewer SHEET: 1 of 1 REV.
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Prepared By and Return To: Jennifer A. Clemens -Conlon — AT00001534
2080 Southpark Court, Dubuque, IA 52003; Telephone: (563) 582-2926
MEMORANDUM OF AGREEMENT
RE: Southerly 99 feet of Lot 92 in Finley's Addition to the City of Dubuque,
Iowa, according to the recorded plat thereof.
On the date indicated below, it is agreed by and between the City of Dubuque
(hereinafter referred to as "City") and James E. Noonan and Kristine E. Noonan
(hereinafter referred to as "Noonan"), for the mutual promises and covenants set forth
herein and for other reasonable and valuable consideration as set forth herein, as
follows:
1. James E. Noonan and Kristine E. Noonan of 2115 Sunnyview Drive,
Dubuque, Iowa 52001 are title owners to real estate legally described as
follows:
Southerly 99 feet of Lot 92 in Finley's Addition to the City of
Dubuque, Iowa, according to the recorded plat thereof.
2. An existing storm sewer runs across the Noonan property and beneath the
residence of Noonan located on the property as described in paragraph 1
above. A question arose as to the ownership of the storm sewer and
materials comprising the storm sewer. Further, a question arose as to
whether or not the City had an easement for purposes of installation,
maintenance, repair and/or replacement of said storm sewer. The parties,
for the mutual promises and covenants as set forth herein, and for other
good and valuable consideration, receipt of which is hereby
acknowledged, have reached an agreement with regard to these issues.
The parties, therefore, agree as follows:
A. The City will abandon its interest, if any, in the existing storm sewer
and associated materials, and any corresponding easement for
placement of such on the property described in paragraph 1 herein.
B. Both parties agree to reroute the storm sewer from the
southwestern corner of the property, east, to the southeastern
corner of the property along Sunnyview Drive and then north to the
northeastern corner of the property along St. Ambrose Street.
Please see the attached diagram marked as Exhibit "1", a copy of
which is incorporated herein and which depicts the location of the
rerouted system. The estimated cost to Noonan is forty thousand
dollars ($40,000.00) and the estimated cost to the City is thirteen
thousand five hundred dollars ($13,500.00). The City shall provide
the engineering for the project and materials, which include bedding
stone, pipe, manholes and concrete not to exceed thirteen
thousand five hundred dollars ($13,500.00) without prior written
consent of the City. Materials will be directly billed to the City.
Noonan and Noonan's excavators/contractors will be responsible to
provide all receipts and load tickets to the City for reconciliation. A
copy of the materials supplied by the City is attached hereto,
marked as Exhibit "2", and by this reference herein incorporated.
The work may be initiated by Noonan promptly, subject to the
availability of Noonan's excavators/contractors.
C. Upon the completion of the rerouting, the City shall assume all
responsibility for maintenance, repair or replacement of the
rerouted storm sewer lines. Further, the City shall have an
easement authorizing it access to the Noonan property for
purposes of such maintenance, repair and replacement. A copy of
the Easement to be executed by both parties is attached hereto,
marked as Exhibit "3" and by this reference herein incorporated.
The document shall be signed by both parties and filed at the
County Recorder's office at the City's cost.
D. The Easement attached hereto, marked as Exhibit "3" and by this
reference herein incorporated includes the right to construct and
maintain a rerouted storm sewer in accordance with plans and
specifications on file in the office of the City Engineer. A copy of
the plans and specifications referred to within the Grant of
Easement, for purposes of clarity, is attached hereto, marked as
Exhibit "4" and by this reference herein incorporated.
E. The existing storm sewer line running diagonally across the
property from the southwestern border to the northeastern border of
the property shall be considered abandoned by both parties upon
completion of the rerouting project and all interest in said storm
sewer, if any, and associated Easement that the City has effective
with that date shall terminate.
F In order to expedite the process for rerouting, the City shall
immediately, upon execution of this document, provide notification
to Noonan as to the name of the City's employee in charge of the
project and with whom the Noonan's contractor should maintain
contact for purposes of initiation and completion of this project.
G. Immediately upon execution of this document the City shall grant
such permits (subject to payment of customary fees and code
compliance) as may be appropriate for the installation of the new
system so that sewer construction can begin.
H. Following completion and connection of the new sewer line any
interest the City has in the existing sewer line will be abandoned
and the City shall grant such permit (subject to payment of
customary fees and code compliance) for the home construction
project of Noonan which has been pending and which project has
been delayed while these matters have been addressed.
Dated this J day of
, 2014.
/1 err Ar.)
+Imes E. Noonan
Kristine E. Noonan
[print name]
[insert title]
City Clerk
s a h l [print name]
[insert title]
STATE OF IOWA )
) ss:
DUBUQUE COUNTY )
On this "2,2 day of Jud, , 201,1, before me, the undersigned, a
Notary Public in and for said County and State, personally appeared James E. Noonan
and Kristine E. Noonan to me known to be the identical person named in and who
executed the foregoing instrument and acknowledged that they executed the same as
their voluntary act and deed.
STATE OF IOWA
) ss:
COUNTY OF DUBUQUE )
4(16'. CLA C
Notary Public in and for tate
DENA A. LANG
Commleslon Number 725612
iiry Comm. Exp. 11-1 9 - I 5
On this 21st day of July , 2014, before me, the undersigned, a
Notary Public in and for said State of Iowa, personally appeared Roy D. BuoL
and Kevin Firnstahl, to me personally known, who being by me duly sworn, did
say that the said Roy D. Buol is MAYOR and the said
Kevin Firnstahl is CLERK of the City of Dubuque, Iowa, that the seal affixed to
the above instrument is the corporate seal of the City of Dubuque , Iowa; and that
said instrument was signed and sealed on behalf of the City of Dubuque
Iowa, by authority of City Council of said City; and the said Roy D. Buol and
Kevin Firnstahiacknowledged the execution of said instrument to be the voluntary
act and deed of the said City of Dubuque , Iowa, by it voluntary executed.
Witness our hands and notarial seal on the above stated date.
TRIsH L. GLEASONE.
Notary Public in and for said State
,:;:orornission Number 719986
Commission Expires
EXHIBIT A
EXHIBIT A
S 99' OF LOT 92 FINLEYS ADD
In the City of Dubuque
Dubuque,County, IA.
OWNER NOONAN. JAMES E. & KR STINE E.
dill\�
AT IL
0 20' 40'
SCALE 1" = 40' FEET
W'
Dubuque
CITY OF DUBLTQT E
ENGINEERING DEPARTMENT
CITY HALL. 50 WEST 13171 STREET
DUBUQUE. IA 52001-4364
PH0NN
(563)60:1-427(1 FAX
(663}5 U-553
Gwn6F 1539 f A1p0�9F ia7C DAC 64®14
EXHIBIT A
2115 SUNNWIEW DR.
2007 .2012 *2013 cia.�.nr
I 3.aN.Mc a
Mainline Excavating., Company, Inc.
8180 Seippel Court
Dubuque, IA 52002
Phone # 563-583-1888
Fax # 563-583-8334
Item
Description
Materials
[Materials
Materials
Matrai
Materials
Materials
Materials
Materials
Materials
Material
City supplie.d materials, staking and engineerng
14" ADS
MH base
VF sidewall
1" Clean
Mansand
6 Concrete collars and 3 floors
MH covers
Plowable mortar
MH adjustments (risers etc)
Seed, fertilizer and mulch
Qty
180
30
70
175
3
3
15
Estimate
Unit
LF
EA
EA
TN
TN
cY
EA
YD
LS
LS
Project
2115 Sunnyview
Rate
Total
13.00 3,240%00
325,00 975.00
35.00 2_550,00
9.10 637,00
7.15 1,268,75
95,00 750.00
300,00 900.00
85.00 1.275,00
350.00 350,00
465.00 465.00
Subtotal
511420.75 Sales Tax (7.O%)
50.00
Total
512.420,75 i
Prepared by: Crenna Brumwell, Assistant City Attorney, 300 Main Street, Suite 330, Dubuque, IA 52001 563-589-4381
Return to: Crenna Brumwell, Assistant City Attorney, 300 Main Street, Suite 330, Dubuque, IA 52001 563-589-4381
GRANT OF EASEMENT FOR STORM SEWER
For and in consideration of the City of Dubuque (Grantee) abandoning any and all
interest, if any, in the existing private storm sewer shown on Exhibit A and providing the
Engineering services and construction materials for relocation of the storm sewer at
2115 Sunnyview Drive, Dubuque, IA 52001,
James E. and Kristine E. Noonan (Grantors)
2115 Sunnyview Drive
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,
I owa, to wit:
Southerly 99 feet of Lot 92 in Finley's Addition to the City of Dubuque,
Iowa, according to the recorded plat thereof.
Said easement shall be over and across the area shown on Exhibit B and described as
follows:
The Southerly twenty feet and the Easterly ten feet of the Southerly 99
feet of Lot 92 in Finley's Addition to the City of Dubuque, Iowa, according
to the recorded plat thereof.
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 feet (30') in width centered on the proposed storm sewer alignment during
the period of construction until the project is accepted by City Council.
EXHIBIT
1 3
It is understood and agreed that Grantee herein shall abandon any and all interest
Grantee has in the existing storm sewer, if any.
Grantors shall not erect any structure over or within the easement area without
obtaining the prior written approval of the City Engineer.
Grantors shall not change the grade, elevation, 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.
In its use of the Easement Area and in the performance of the work which Grantee is
authorized to perform within the Easement Area Grantee shall avoid any damage to, or
interference with, other improvements within the Easement Area or in the vicinity and
minimize disruption to the surface area.
Grantee shall restore the Easement Area to a substantially identical condition as existed
prior to Grantee's entry, after the performance or exercise of any of Grantee's rights or
obligations under the terms of this Agreement.
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, replace or repair said storm sewer thereon or therein.
Dated at Dubuque, lowa this day of ! , 2014.
James E. Noonan Kristine E. Noonan
V1-411) 1-7 -1
Yt
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
1771.-.)-7,1
Notary Public
On this 3 day of , 2014 before me, the undersigned, a Notary
Public in and for said County, in said State, personally appeared James E. Noonan and
Kristine E. Noonan, to me known to be the identical person(s) named in and who
executed the within and foregoing instrument, to which this is attached, and
acknowledged that they executed the same as their voluntary act and deed.
City of Dubuque
DENA A. LANG
armies* Number 725612,
y Cam En,jjjj
By: Michael C. Van Milligen
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
Notary Public
Notary Public In and For Said State
On this &J day of , 2014 before me, the undersigned, a Notary
Public in and for said CoOnty, in said State, personally appeared Michael C. Van
Milligen, to me known to be the identical person(s) named in and who executed the
within and foregoing instrument, to which this is attached, and acknowledged that they
executed the same as their voluntary act and deed.
I 7 S-11. -GLESttki-
rnmission Numbe:7:19G88
1 , Corrimission txpre,s
\
Notary Public In and For Said State
EXHIBIT A
EXHIBIT A
S 99' OF LOT 92 FINLEYS ADD
In the City of Dubuque
Dubuque,County, IA.
OWNER: NOONAN, JAMES E. & KRISTINE E.
1
24' 4TORM S
J
21' TO
RANSITION
P SER AD MON
26' X 6' (APPROXIMATE)
21' STORM SEWER
1 1
1 1
1 1
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L
SUNNYVIEW DR:
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ID
NO
0 20' 40' SO'
SCALE 1" = 40' FEET
Dubuque CITY OF JJLTI3TJQLTE
ENGINEERING DEPARTMENT
OITY HAL. 5Q WE9T 13th STREET
DUBUQUE, IA 82001-4864
r PHON< (53)Z 9-1370 FAX (6A3), 584-4.2015
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EXHIBIT A
2115 SUNNYVIEW DR.
2007+2012#2013 cN.Y..br
DESIGN TEAM: NS ITY OF DUBUOUE - ENGINEERING DEPT. DUBUQUE COUNTY PROJECT NUMBER: 7201066 2116 Si hnyview Or. Storm Sowor SHEET: 1 of 1 REV.
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DESIGN TEAM' NS TCITY OF DUBUQUE - ENGINEERING DEPT O- USU.—CUE COUNTY T PROJECT NIIMBER 7201066 2115 Stlnnyviow Dr. Storm SPwAr 1 SHEET: 1 of 1 1 REV. I
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6 K26. (APP `7XIINATE)gt.)
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3011TH 99 FT. (.OT 92 F9, LS.',
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1EXHIBIT
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