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Acceptance of Storm Sewer Easement - Greenfield Development, LLCCopyright 2014 City of Dubuque ITEM# 7. ITEM TITLE: Acceptance of Storm Sewer Easement - Greenfield Development, LLC SUMMARY: City Manager recommending acceptance of a storm sewer easement from Greenfield Development LLC for a proposed City storm sewer construction project across a part of Lot 2-1-1-1-1-2 of Louis H. Walter Place, near 801 Cedar Cross Road. RESOLUTION Accepting a Grant of Easement for storm sewer through, over and across a part of Lot 2-1-1-1-1-2 of Louis H. Walter Place in the City of Dubuque, Dubuque County, Iowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description ❑ Acceptance of Storm Sewer Easement from Greenfield Property at 801 Cedar Cross Road -MVM Memo ❑ Staff Memo ❑ Resolution ❑ Grant of Easement ❑ Exhibit A ❑ Area Map Type e e Staff Memo Resolutions Supporting Documeniation Supporting Documeniation Supporting Documeniation Masterpiece on the Mississippi Dubuque 2007 • 2012 • 2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of Storm Sewer Easement from Greenfield Property at 801 Cedar Cross Road DATE: September 24, 2014 City Engineer Gus Psihoyos recommends City Council acceptance of a storm sewer easement from Greenfield Development LLC for a proposed City storm sewer construction project across a part of Lot 2-1-1-1-1-2 of Louis H. Walter Place, near 801 Cedar Cross Road. I concur with the recommendation and respectfully request Mayor and City Council approval. 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 Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Acceptance of Storm Sewer Easement from Greenfield Property at 801 Cedar Cross Road DATE: September 22, 2014 INTRODUCTION The purpose of this memorandum is to seek acceptance of a storm sewer easement from Greenfield Development LLC for a proposed city storm sewer construction project across a part of Lot 2-1-1-1-1-2 of Louis H. Walter Place in the City of Dubuque. DISCUSSION The city is planning to construct an extension to an existing storm sewer utility near 801 Cedar Cross Road to address certain soil erosion issues in the area. The storm sewer construction project includes extension of a storm sewer through the Greenfield and Nemmers property on the south side of the road. The current extension project has been designed to be compatible with the future Cedar Cross Road Improvements Project RECOMMENDATION I recommend accepting the Grant of Easement for a storm sewer easement through and across a part of part of Lot 2-1-1-1-1-2 of Louis H. Walter Place in the City of Dubuque, as shown on Exhibit A on the attached Grant of Easement. ACTION TO BE TAKEN I respectfully request adoption of the attached resolution accepting the Grant of Easement for storm sewer from Greenfield Development LLC. Prepared by Nate Kieffer, PLS cc: Deron Muehring, Civil Engineer Denise lhrig, Civil Engineer John Klostermann, Street & Sewer Maintenance Supervisor 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. 302-14 ACCEPTING A GRANT OF EASEMENT FOR STORM SEWER THROUGH, OVER AND ACROSS A PART OF LOT 2-1-1-1-1-2 OF LOUIS H. WALTER PLACE IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Greenfield Development LLC has executed an Easement for Storm Sewer through, over and across a part of Lot 2-1-1-1-1-2 of Louis H. Walter 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 a part of Lot 2-1-1-1-1-2 of Louis H. Walter Place in the City of Dubuque, Dubuque County, Iowa from Greenfield 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. Attest: Passed, approved and adopted this 6th day of Oc ••er, 201 Kevi S. Firnstahl, CA , City Clerk Roy D. i3uoI, Mayor Prepared by: Russell N. Kieffer, City of Dubuque, 50 W. 13th 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 UTILITY For and in consideration of the sum of seven hundred sixty nine and 00/100 Dollars ($772.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Greenfield Development LLC 801 Cedar Cross Road 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, rights of ways and easements through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Parts of the following described real estate: Lot 2-1-1-1-1-2 of Louis H. Walter Place in the City of Dubuque Iowa; As shown on and described in Exhibit A attached hereto and by reference made a part hereof. Said easement shall be as shown on the attached Exhibit A for the purpose of constructing and maintaining a storm sewer utility and other appurtenances, along with the right, privilege and authority to construct, reconstruct, maintain, operate, repair, patrol and remove said improvements. Said easement shall also include the right to cut, trim or remove trees, bushes and roots as may be required incident to rights given herein. Together with the right to enter upon said property and occupy the temporary easement area as shown on the attached Exhibit A 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 construction, maintenance or repair of said storm sewer utility 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. 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 utility thereon or therein. Dated at Dubuque, Iowa this �� day of , 2014. B Timot %J%Greenfiel l Member NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: a On this day of -/ ky , A.D., 2014 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Timothy J. Greenfield, 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. 4Jt, LEE ANN FREIEURGER � Commission Number 769015 My Commission Expires ow.. July 29, 2017 otary Public In and Fo Said State EXHIBIT A LOT 2-1-1-1-1-2 LOUIS H WALTER PLACE In the City of Dubuque Dubuque,County, IA. OWNER: GREENFIELD DEVELOPMENT LLC L=59.29' R=922.0' Chord=59.28' Chord Dir=N42° 19' 24"W LOT 2-1-1-1-1-2 LOUIS H WALTER PLACE EDGE OF PARKING LOT LOT B CEDAR RIDGE \ FARM PLACE NO. 3 % �0 O cP \ 90 % \ PROPOSED STORM \•D,5• SEWER IMPROVEMENTS \ o. \ TEMPORARY EASEMENT 2025.6 SF S06° 00' 06"W 15.51' N81° 59' 00"E 18.85' N67° 04' 29"W 27.16' MAN T EASEMENT 191 SF R.O.W. = RIGHT OF WAY (000.00') = RECORDED DIMENSION — = EASEMENT LINE – PROPERTY LINE = PERMANENT STORM SEWER EASEMENT AREA = TEMPORARY CONSTRUCTION EASEMENT AREA NOTE: EASEMENT AREA SHALL BE ESTABLISHED 10 FEET ON BOTH SIDES OF THE CENTERLINE OF THE STORM SEWER AS CONSTRUCTED AND SHOWN HEREON. P.O.B. SE CORNER LOT 2-1-1-1-1-2 LHWPLC LOT2 OF 4 RIDGE FARM PLACE #3 LHWPLC = LOUS H. WALTER PLACE NORTH 0 20' 40' SCALE 1" = 40' FEET 80' Dubuque All -America City 2007*2012.2013 CITY OF DUBUQUE ENGINEERING DEPARTMENT CITY HALL, 50 WEST 13th STREET DUBUQUE, IA 52001-4864 PHONE (563) 589-4270 FAX (563) 589-4205 Drawn By: NMS Approved By: RNK Date: 0&13-2014 EXHIBIT A 801 CEDAR CROSS RD. PAGE2OF2 EXHIBIT A STORM SEWER UTILITY EASEMENT LEGAL DESCRIPTION: PART OF LOT 2-1-1-14-2 OF LOUIS H. WALTER PLACE IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 2-1-1-1-1.2 OF LOUIS'H. WALTER PLACE IN THE CITY OF DUBUQUE, THENCE NORTH 67 DEGREES 04 MINUTES 29 SECONDS WEST ALONG THE SOUTHERLY LINE OF SAID LOT A DISTANCE OF 27.16 FEET; THENCE NORTH 81 DEGREES 59 MINUTES 00 SECONDS EAST A DISTANCE OF 18.85 FEET; THENCE NORTH 74 DEGREES 27 MINUTES 04 SECONDS EAST A DISTANCE OF E.27 TO A POINT ON THE EASTERLY LINE OF SAID LOT; THENCE SOUTH 06 DEGREES 00 MINUTES 06 SECONDS WEST A DISTANCE OF 15.51 FEET TO THE POINT OF BEGINNING, CONTAINING 191 SQUARE FEET, MORE OR LESS, ALL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. Masterpiece on thr,11i sissi li STORM SEWER EASEMENT AREA MAP DAG IS DISCLAIMER: an.re=ea; Er=i,g ;at _.F t -:e art.._.-ized e- una,1th.rized ..F 60 1 inch = 60 feet 30 0 60 Feet W E Map Prepared by: City of Dubuque Engineering Division 50 West 13th Street Dubuque, Iowa 52001 Phone: (563) 589-4270 Fax: (563) 589-4205 15111$1111111111111123ilii Doc ID: 008110640006 Type: GEN Kind: EASEMENT Recorded: / Pape 1 /tof3635:21 PM FeeAmt: $32.00 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2014 000114 0 Prepared by: Russell N. Kieffer, City of Dubuque, 50 W. 13th 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 UTILITY For and in consideration of the sum of seven hundred sixty nine and 00/100 Dollars ($772.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Greenfield Development LLC 801 Cedar Cross Road 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, rights of ways and easements through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Parts of the following described real estate: Lot 2-1-1-1-1-2 of Louis H. Walter Place in the City of Dubuque Iowa; As shown on and described in Exhibit A attached hereto and by reference made a part hereof. Said easement shall be as shown on the attached Exhibit A for the purpose of constructing and maintaining a storm sewer utility and other appurtenances, along with the right, privilege and authority to construct, reconstruct, maintain, operate, repair, patrol and remove said improvements. Said easement shall also include the right to cut, trim or remove trees, bushes and roots as may be required incident to rights given herein. Together with the right to enter upon said property and occupy the temporary easement area as shown on the attached Exhibit A during the period of construction until the project is accepted by City Council. 2 200 Ci=ty Cler k 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 utility 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. 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 utility thereon or therein. Dated at Dubuque, Iowa this '�� day of J , 2014. B Timoth'' . Greenfield; Member NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: ma On this day of -te.i# ky , A.D., 2014 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Timothy J. Greenfield, 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. ,o,‘ to, LEE ANN FREIBURGER _°- Commission Number 769015 • My Commission Expires ow► July 29, 2017 G otary Public In and Fo Said State EXHIBIT A LOT 2-1-1-1-1-2 LOUIS H WALTER PLACE In the City of Dubuque Dubuque,County, IA. OWNER: GREENFIELD DEVELOPMENT LLC L=59.29' R=922.0' Chord=59.28' Chord Dir=N42° 19' 24"W LOT 2-1-1-1-1-2 LOUIS H WALTER PLACE EDGE OI PARKING LO' Sp L/NF`y4c\ N23° 41' 26"E 51.08' Sg LOT B CEDAR RIDGE\ FARM PLACE NO. 3 /\ \� / 1 \% i 0 \\ \ I� Xi � z 0\\ p�O w =1 /, \ \ �O -O RO°% 'A \ �� % °ya PROPOSED STORM s�<-\\ SEWER IMPROVEMENTS \ o. QO TEMPORARY EASEMENT \ 2025.6 SF 2 �5 N81° 59' 00"E 18.85' N67° 04' 29"W 27.16' P ' MAN T EASEMENT 191 SF R.O.W. = RIGHT OF WAY (000.00') = RECORDED DIMENSION — = EASEMENT LINE - PROPERTY LINE 1/4 = PERMANENT STORM SEWER EASEMENT AREA = TEMPORARY CONSTRUCTION EASEMENT AREA NOTE: EASEMENT AREA SHALL BE ESTABLISHED 10 FEET ON BOTH SIDES OF THE CENTERLINE OF THE STORM SEWER AS CONSTRUCTED AND SHOWN HEREON. S06° 00' 06"W 15.51' P.O.B. SE CORNER LOT 2-1-1-1-1-2 LHWPLC LOT 2 OF 4 CEDAR RIDGE FARM PLACE: LHWPLC = LOUS H. WALTER PLACE NORTH 0 20' 40' SCALE 1" = 40' FEET 80' Dubuque bard All -America City IF 2007* 2012.2013 CITY OF DUBUQUE ENGINEERING DEPARTMENT CITY HALL, 50 WEST 13th STREET DUBUQUE, IA 52001-4864 PHONE (563) 589-4270 FAX (563) 589-4205 Drawn By: NMS Approved By: RNK I Date: 08-13-2014 EXHIBIT A 801 CEDAR CROSS RD. C.I.P. Number: Sheet Number. PAGE 2 OF 2 EXHIBIT A STORM SEWER UTILITY EASEMENT LEGAL DESCRIPTION: PART OF LOT 2-1-1-1-1-2 OF LOUIS H. WALTER PLACE IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 2-1-1.1-1-2 OF LOUIS H. WALTER PLACE IN THE CITY OF DUBUQUE, THENCE NORTH 67 DEGREES 04 MINUTES 29 SECONDS WEST ALONG THE SOUTHERLY LINE OF SAID LOT A DISTANCE OF 27.16 FEET; THENCE NORTH 81 DEGREES 59 MINUTES 00 SECONDS EAST A DISTANCE OF 18.85 FEET; THENCE NORTH 74 DEGREES 27 MINUTES 04 SECONDS EAST A DISTANCE OF 18.27 TO A POINT ON THE EASTERLY LINE OF SAID LOT; THENCE SOUTH 06 DEGREES 00 MINUTES 06 SECONDS WEST A DISTANCE OF 15.51 FEET TO THE POINT OF BEGINNING, CONTAINING 191 SQUARE FEET, MORE OR LESS, ALL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. 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. 302-14 ACCEPTING A GRANT OF EASEMENT FOR STORM SEWER THROUGH, OVER AND ACROSS A PART OF LOT 2-1-1-1-1-2 OF LOUIS H. WALTER PLACE IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Greenfield Development LLC has executed an Easement for Storm Sewer through, over and across a part of Lot 2-1-1-1-1-2 of Louis H. Walter 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 a part of Lot 2-1-1-1-1-2 of Louis H. Walter Place in the City of Dubuque, Dubuque County, Iowa from Greenfield 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. Attest: c Passed, approved and adopted this 6th day of Oc •er,, 201 Kevi t S. Firnstahl, C , City Clerk Roy D. uol, 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. 302-14 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 8th day of October, 2014. Kevin . irnsta I, C ► City Clerk