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Acceptance of Storm Sewer Easement - Cedar Ridge Farm Place No. 3Copyright 2014 City of Dubuque ITEM# 8. ITEM TITLE: Acceptance of Storm Sewer Easement - Cedar Ridge Farm Place No. 3 SUMMARY: City Manager recommending acceptance of a storm sewer easement from Julian G. Nemmers for a proposed City storm sewer construction project across a part of Lot 2 of 4 of Cedar Ridge Farm Place No. 3 near 801 Cedar Cross Road. RESOLUTION Accepting a Grant of Easement for storm sewer through, over and across a part of Lot 2 of 4 of Cedar Ridge Farm Place No. 3 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 Nemmers-MVM Memo ❑ Staff memo ❑ Resolution ❑ Grant of Easement ❑ Vicinity Map Type r�ity oranageemo Staff Merro Resoiufons Supporting Documen ation Supporting Documentation Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of Storm Sewer Easement from Nemmers Property Adjacent to 801 Cedar Cross Road DATE: September 26, 2014 Dubuque 2007 • 2012 • 2013 City Engineer Gus Psihoyos recommends City Council acceptance of a storm sewer easement from Julian G. Nemmers for a proposed City storm sewer construction project across a part of Lot 2 of 4 of Cedar Ridge Farm Place No. 3 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 TO FROM: Gus Psihoyos, City Engineer SUBJECT: TI -IE CITY OF DUB Masterpiece onMississippi Michael C. Van Milligen, City Manager, A 2111'.` 2t112 21113 Acceptance of Storm Sewer Easement from Nemmers Property adjacent to 801 Cedar Cross Road DATE: September 22, 2014 INTRODUCTION The purpose of this memorandum is to seek acceptance of a storm sewer easement from Julian G. Nemmers for a proposed city storm sewer construction project across a part of Lot 2 of 4 of Cedar Ridge Farm Place No. 3 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 Nemmers and Greenfield 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 of 4 of Cedar Ridge Farm Place No. 3 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 Julian G. Nemmers. Prepared by Nate Kieffer, PLS cc: Deron Muehring, Civil Engineer Denise Ihrig, 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. 303-14 ACCEPTING A GRANT OF EASEMENT FOR STORM SEWER THROUGH, OVER AND ACROSS A PART OF LOT 2 OF 4 OF CEDAR RIDGE FARM PLACE NO. 3 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Nemmers Cedar Ridge Farm Limited Partnership has executed an Easement for Storm Sewer through, over and across a part of Lot 2 of 4 of Cedar Ridge Farm Place No. 3 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 of 4 of Cedar Ridge Farm Place No. 3 in the City of Dubuque, Dubuque County, Iowa from Nemmers Cedar Ridge Farm Limited Partnership, 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 Octokr, 2014. Kevin S Firnstahl, +C - ity Clerk Roy D. Buol, 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. 131h Street, Dubuque, Iowa 52001 (563)589-4270 GRANT OF EASEMENT FOR STORM SEWER UTILITY For good and valuable consideration, the receipt whereof is hereby acknowledged, NEMMERS CEDAR RIDGE FARM LIMITED PARTNERSHIP 3074 County Road Z Hazel Green, WI 53811 of Grant County, State of Wisconsin, 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 OF 4 OF CEDAR RIDGE FARM PLACE #3; 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 STATE OF 66)tu 4 , day of ;,�. t�- . »20-14. By: Ct (Julian G. \Partner NOTARY PUBLIC Nemmers, General COUNTY OF b aid �%g rte' SS: On this /Z;2-/ day of l ��;-A.D., 2014 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Julian G. Nernmers, 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. Notary Public In and For Said State 0 z RUSSELL N KIEFFER Commission Number 778626 My Commission Expires Ma 24, 2016 EXHIBIT A LOT 2 OF 4 OF CEDAR RIDGE FARM PLACE #3 In the City of Dubuque Dubuque,County, IA. OWNER: NEMMERS CEDAR RIDGE FARM LIMITED PARTNERSHIP N06° 00' 06"E 11.20' PERMANENT EASEMENT 'A' 343.0 SF S48° 50' 37"W 5.71' N32° 39' 33"W 29.67' S33° 49' 40"W/ 7.87 P.O.B. EASEMENT 'A' L=34.97' R=921.9' % Chord=34.97' /� %Chord Dir- 143° 04' 52"W C-'4 % eT B CEDAR RIDGE L=44.97' R=921.9' Chord=44.97' I LOT 2-1-1-1-1-2 Chord Dir=N42° 46' 13"W / LOUIS H WALTER PLACE P.O.B. EASEMENT 'B'/ S48° 50' 38"W 4.94' / iE C _....� S33° 49' 40"W / ED PARK'N LCT 22.64' FARM PLACE NO. 3 6 L=10.00' R=921.9' % Chord=10.00' Chord Dir=N41° 41' 01"W \ LOT B CEDAR RIDGF�\ FARM PLACE NO. K \ N48° 50' 38't 7.70' %% \\ TEMPO.EZARY EASEMENT (TYP) 6212.0 SF _-� PERMANENT EASEMENT 'B' S86° 02' 13"W 3828.8 SF 32.88' N81° 13' 40"W 14.41' 1' P.O.T. EASEMENT 30' S15° 09' 46"W 60.80' S74° 24' 54"W 15.93' S82° 00' 51"W 18.48' LOT 2 OF 4 CEDAR RIDGE FARM PLACE #3 S50° 42' 39"W 30.79' R.O W. = RIGHT OF WAY (000.00') = RECORDED DIMENSION = EASEMENT LINE - PROPERTY LINE = NEW EASEMENT AREA = TEMPORARY 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. NORTH 0 20' 40' SCALE 1" = 40' FEET 80' Dubuque bika AU -America City 1 Inn- n1�.7n1' 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 I Approved By: RNK I Date: 08-13-2014 EXHIBIT A NEMMERS CEDAR RIDGE FARM LIMITED PARTNERSHIP PAGE2OF2 EXHIBIT A STORM SEWER UTILITY EASEMENT LEGAL DESCRIPTION: EASEMENT A- PART OF LOT 2-4 OF CEDAR RIDGE FARM PLACE NO. 3 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A 20' WIDE STRIP OF LAND BEING 10' ON EITHER SIDE OF THE FOLLOWING DESCRIBED ALIGNMENT: COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT B CEDAR RIDGE FARM PLACE NO. 3 IN THE CITY OF DUBUQUE, IOWA; THENCE SOUTHEASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT B, BEING A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 921.90 FEET, AN ARC LENGTH OF 44.97 FEET, A CHORD OF 44.97 FEET WHICH BEARS SOUTH 42 DEGREES 46 MINUTES 13 SECONDS EAST TO THE POINT OF BEGINNING OF SAID EASEMENT; THENCE SOUTH 48 DEGREES 50 MINUTES 38 SECONDS WEST A DISTANCE OF 4.94 FEET; THENCE SOUTH 33 DEGREES 49 MINUTES 40 SECONDS WESTA DISTANCE OF 22.64 FEET; THENCE SOUTH 15 DEGREES 09 MINUTES 46 SECONDS WEST A DISTANCE OF 60.80 FEET; THENCE SOUTH 74 DEGREES 24 MINUTES 54 SECONDS WEST A DISTANCE OF 15.93 FEET; THENCE SOUTH 82 DEGREES 00 MINUTES 51 SECONDS WEST A DISTANCE OF 18.48 FEET; THENCE SOUTH 86 DEGREES 02 MINUTES 13 SECONDS WESTA DISTANCE OF 32.88 FEET; THENCE SOUTH 50 DEGREES 42 MINUTES 39 SECONDS WEST A DISTANCE OF 30.79 FEET; THENCE NORTH 81 DEGREES 13 MINUTES 40 SECONDS WEST A DISTANCE OF 14.41 FEET TO THE POINT OF TERMINATION OF SAID EASEMENT, EXCEPTING THAT PORTION OF THE ABOVE DESCRIBED 20' WIDE STRIP LYING WITHIN LOT 2-1-1-1-1-2 OF LOUIS H. WALTER PLACE, CONTAINING 3,829 SQUARE FEET, MORE OR LESS, ALL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. EASEMENT B - PARTS OF LOT 2-4 OF CEDAR RIDGE FARM PLACE NO. 3 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT B CEDAR RIDGE FARM PLACE NO. 3 IN THE CITY OF DUBUQUE, IOWA; THENCE SOUTHEASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT B, BEING A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 921.90 FEET, AN ARC LENGTH OF 34.97 FEET, A CHORD OF 34.97 FEET WHICH BEARS SOUTH 43 DEGREES 04 MINUTES 52 SECONDS EAST; THENCE SOUTH 48 DEGREES 50 MINUTES 37 SECONDS WEST A DISTANCE OF 5.71 FEET; THENCE SOUTH 33 DEGREES 49 MINUTES 40 SECONDS WEST A DISTANCE OF 7.87 FEET; THENCE NORTH 32 DEGREES 39 MINUTES 33 SECONDS WEST A DISTANCE OF 29.67 FEET TO A POINT ON THE EASTERLY LINE OF LOT 2-1-1-1-1-2 OF LOUIS H. WALTER PLACE; THENCE NORTH 06 DEGREES 00 MINUTES 06 SECONDS EAST ALONG SAID EASTERLY LINE A DISTANCE OF 11.20 FEET TO THE POINT OF BEGINNING, CONTAINING 343 SQUARE FEET MOR 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 0 11 1111111 VI HHII IIII IIoll 11 Doc ID: 008110650006 Type GEN Kind: EASEMENT Recorded: 10/10/2014 at 03:36:52 PM Fee Amt: $32.00 Page 1 of 6 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2014-000114 / 1 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 good and valuable consideration, the receipt whereof is hereby acknowledged, NEMMERS CEDAR RIDGE FARM LIMITED PARTNERSHIP 3074 County Road Z Hazel Green, WI 53811 of Grant County, State of Wisconsin, 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 OF 4 OF CEDAR RIDGE FARM PLACE #3; 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. 3200 Ci+yClerk 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 By: ulian G. Nemmers, General artner NOTARY PUBLIC STATE OF /O-' 4 , COUNTY OF 6 09 , SS: On this /Z'W day ofd 1 A.D., 2014 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Julian G. Nemmers, 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. Notary Public In and For Said State RUSSELL N KIEFFER Commission Number 778626 My Commission Expires Ma 24 2016 EXHIBIT A LOT 2 OF 4 OF CEDAR RIDGE FARM PLACE #3 In the City of Dubuque Dubuque,County, IA. OWNER: NEMMERS CEDAR RIDGE FARM LIMITED PARTNERSHIP N06° 00' 06"E 11.20' PERMANENT EASEMENT 'A' 343.0 SF S48° 50' 37"W 5.71' N32° 39' 33"W 29.67' S33° 49' 40"W/ 7.87 LOT 2-1-1-1 .1-2 LOUIS H WALTER PLP EDGE OF FARING LO1 TEMPO.13ARY EASEMENT (TYP) 6212.0 SF N81° 13'40"W 14.41' P.O.B. EASEMENT 'A' L=34.97' R=921.9' Chord=34.97' 1 c\\,�� \\Chord Dir -143° 04° 52"W `O�" \\ •T B CEDAR RIDGE "7 \ \ FARM PLACE NO. 3 �.3rn L=10.00' R=921.9' T % Chord=10.00' L=44.97' R=921.9' Chord=44.97' Chord Dir=N42° 46' 13"W / P.O.B. EASEMENT 'B'/ S48° 50' 38"W / 4.94' / S33° 49' 40"W _/ 22.64' / Chord Dir=N41° 41' 01"W p\ LOT B CEDAR RIDGES\ \ FARM PLACE NO. 3� \ N48° 50' 3VE 7.70' \p ,p\ 0 ► 0 % S0 cP 7'O°0 SsF S15° 09' 46"W ‘-D`5s�O 60.80' -J PERMANENT PERMANENT EASEMENT 'B' S86° 02' 13"W 3828.8 SF 32.88' ,h11 k P.O.T. EASEMENT L 30' S74° 24' 54"W i 15.93' S82° 00' 51"W 18.48' LOT 2 OF 4 CEDAR RIDGE FARM PLACE #3 S50° 42' 39"W 30.79' R.O W. = RIGHT OF WAY (000.00') = RECORDED DIMENSION — = EASEMENT LINE - PROPERTY LINE = NEW EASEMENT AREA = TEMPORARY 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. NORTH 0 20' 40' 80' SCALE 1" = 40' FEET Dubuque� he All -Am erlca�Cit�y r 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 I Approved By: RNK I Date: 08-13-2014 EXHIBIT A NEMMERS CEDAR RIDGE FARM 20072012♦2013 LIMITED PARTNERSHIP C.I.P. Number: 1 Sheet Number: 1 of 2 PAGE 2 OF 2 EXHIBIT A STORM SEWER UTILITY EASEMENT LEGAL DESCRIPTION: EASEMENT A - PART OF LOT 2-4 OF CEDAR RIDGE FARM PLACE NO. 3 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A 20' WIDE STRIP OF LAND BEING 10' ON EITHER SIDE OF THE FOLLOWING DESCRIBED ALIGNMENT: COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT B CEDAR RIDGE FARM PLACE NO. 3 IN THE CITY OF DUBUQUE, IOWA; THENCE SOUTHEASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT B, BEING A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 921.90 FEET, AN ARC LENGTH OF 44.97 FEET, A CHORD OF 44.97 FEET WHICH BEARS SOUTH 42 DEGREES 46 MINUTES 13 SECONDS EAST TO THE POINT OF BEGINNING OF SAID EASEMENT; THENCE SOUTH 48 DEGREES 50 MINUTES 38 SECONDS WESTA DISTANCE OF 4.94 FEET; THENCE SOUTH 33 DEGREES 49 MINUTES 40 SECONDS WEST A DISTANCE OF 22.64 FEET; THENCE SOUTH 15 DEGREES 09 MINUTES 46 SECONDS WESTA DISTANCE OF 60.80 FEET; THENCE SOUTH 74 DEGREES 24 MINUTES 54 SECONDS WESTA DISTANCE OF 15.93 FEET; THENCE SOUTH 82 DEGREES 00 MINUTES 51 SECONDS WESTA DISTANCE OF 18.48 FEET; THENCE SOUTH 86 DEGREES 02 MINUTES 13 SECONDS WESTA DISTANCE OF 32.88 FEET; THENCE SOUTH 50 DEGREES 42 MINUTES 39 SECONDS WEST A DISTANCE OF 30.79 FEET; THENCE NORTH 81 DEGREES 13 MINUTES 40 SECONDS WESTA DISTANCE OF 14.41 FEET TO THE POINT OF TERMINATION OF SAID EASEMENT, EXCEPTING THAT PORTION OF THE ABOVE DESCRIBED 20' WIDE STRIP LYING WITHIN LOT 2-1-1-1-1-2 OF LOUIS H. WALTER PLACE, CONTAINING 3,829 SQUARE FEET, MORE OR LESS, ALL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. EASEMENT B - PARTS OF LOT 2-4 OF CEDAR RIDGE FARM PLACE NO. 3 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT B CEDAR RIDGE FARM PLACE NO. 3 IN THE CITY OF DUBUQUE, IOWA; THENCE SOUTHEASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT B, BEING A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 921.90 FEET, AN ARC LENGTH OF 34.97 FEET, A CHORD OF 34.97 FEET WHICH BEARS SOUTH 43 DEGREES 04 MINUTES 52 SECONDS EAST; THENCE SOUTH 48 DEGREES 50 MINUTES 37 SECONDS WESTA DISTANCE OF 5.71 FEET; THENCE SOUTH 33 DEGREES 49 MINUTES 40 SECONDS WESTA DISTANCE OF 7.87 FEET; THENCE NORTH 32 DEGREES 39 MINUTES 33 SECONDS WESTA DISTANCE OF 29.67 FEET TO A POINT ON THE EASTERLY LINE OF LOT 2-1-1-1-1-2 OF LOUIS H. WALTER PLACE; THENCE NORTH 06 DEGREES 00 MINUTES 06 SECONDS EAST ALONG SAID EASTERLY LINE A DISTANCE OF 11.20 FEET TO THE POINT OF BEGINNING, CONTAINING 343 SQUARE FEET MOR 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. 13`h Street Dubuque IA 52001 (563) 589-4270 RESOLUTION NO. 303-14 ACCEPTING A GRANT OF EASEMENT FOR STORM SEWER THROUGH, OVER AND ACROSS A PART OF LOT 2 OF 4 OF CEDAR RIDGE FARM PLACE NO. 3 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Nemmers Cedar Ridge Farm Limited Partnership has executed an Easement for Storm Sewer through, over and across a part of Lot 2 of 4 of Cedar Ridge Farm Place No. 3 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 of 4 of Cedar Ridge Farm Place No. 3 in the City of Dubuque, Dubuque County, Iowa from Nemmers Cedar Ridge Farm Limited Partnership, 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 6th day of Octokr, 2014. Roy D. Buol, Mayor CERTIFICATE of tfie 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. 303-14 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.