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