Timber Hyrst Estates No. 4 -Valentine Place_Accepting Culvert / Impoundment EasementCopyright 2014
City of Dubuque ITEM# 9.
ITEM TITLE: Timber Hyrst Estates No. 4 - Accepting Culvert, Embankment and Storm
Water Impoundment Easement
SUMMARY: City Manager recommending acceptance of a Grant of Easement for Pipe
Culvert, Embankment Slope, and Storm Water Impoundment from Gary
Valentine as part of the Timber-Hyrst Estates No. 4 Project.
RESOLUTION Accepting the grant of a Culvert Pipe, Embankment Slope,
and Storm Water Impoundment Easement through, over and across a part
of Lot 1 of Valentine Place No. 3, in the City of Dubuque, Dubuque County,
Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ Timber Hyrst Estates No. 4 Acceptance of Culvert. Embankment 8 Slit, h3anager Memo
Storm Water Impoundment Easement from Valentine -MVM Memo
❑ Staff memo Staff Memo
❑ Resolution Resolutions
❑ Grant of Easement Supporting Documen
❑ Vicinity Map Supporting Documen
n
n
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
2007 • 2012 • 2013
SUBJECT: Timber-Hyrst Estates No. 4 - Accept Culvert, Embankment & Storm Water
Impoundment Easement from Gary Valentine
DATE: September 26, 2014
City Engineer Gus Psihoyos recommends City Council acceptance of a Grant of
Easement for Pipe Culvert, Embankment Slope, and Storm Water Impoundment from
Gary Valentine as part of the Timber-Hyrst Estates No. 4 Project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
112 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:
THE CITY OF
DUB
Masterpiece on the ississippi
Michael C. Van Milligen, City Manager
Timber-Hyrst Estates No. 4 - Accept Culvert, Embankment & Storm Water Impoundment
Easement from Gary Valentine
DATE: September 22, 2014
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a Pipe Culvert, Embankment Slope, and Storm Water
Impoundment easement from Gary Valentine as part of the Timber Hyrst Estates No. 4 project.
DISCUSSION
As part of the approved construction plans for Timber-Hyrst Estates No. 4, certain improvements associated with
the extension of Creekwood Drive will be located on property owned by Gary Valentine. These improvements
include parts of certain road culverts, slope embankments, and storm water impoundment areas. As required in
Resolution No. 181-14, the developer of Timber Hyrst Estates No. 4, North Cascade Road Developers, LLC, was
required to secure easements from Mr. Valentine for said improvements to benefit the City of Dubuque and allow
for future maintenance activities.
The attached Plat of Easement (Exhibit A, B, and C) shows the easement locations over and across Lot 1 of
Valentine Place No. 3 in the City of Dubuque. The property is owned by Gary Valentine.
RECOMMENDATM
I recommend accepting the Grant of Easement for a Pipe Culvert, Embankment Slope, and Storm Water
Impoundment easement through and across Lot 1 of Valentine Place No. 3 in the City of Dubuque, Iowa, as
shown on the attached Plat of Easement.
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolution accepting the Grant of Easement for Pipe Culvert,
Embankment Slope, and Storm Water Impoundment from Gary Valentine.
Prepared by Nate Kieffer, PLS
cc: Deron Muehring, Civil Engineer
Denise Ihrig, Civil Engineer
John Klostermann, Street & Sewer Maintenance Supervisor
Prepared by: Russell N. Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Russell N. Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 304-14
ACCEPTING THE GRANT OF A CULVERT PIPE, EMBANKMENT
SLOPE, AND STORM WATER IMPOUNDMENT EASEMENT THROUGH,
OVER AND ACROSS A PART OF LOT 1 OF VALENTINE PLACE NO. 3, IN
THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Gary Valentine has executed an Easement for Culvert Pipe,
Embankment Slope, and Storm Water Impoundment, and Other Appurtenances
through, under and across Lot 1 of Valentine Place No. 3, in the City of Dubuque,
Dubuque County, Iowa. Said easement has been filed and recorded in the
Dubuque County Recorder's Office as File Number 2014-00010335.
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 Culvert Pipe, Embankment
Slope, and Storm Water Impoundment Easement through, over and across Lot 1
of Valentine Place No. 3, in the City of Dubuque, Dubuque County, Iowa from
Gary Valentine, 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 Octo
Kevin S. Firnstahl, C ` Ity Clerk
Roy D. Buol, Mayor
Page 1 of 6
1111111111111111111111111
IIII
Doc ID 008024120006 Type GEN
Kind: EASEMENT
Recorded: 06/13/2014 at 02:42:38 PM
Fee Amt: $32.00 Page 1 of 6
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
Fi1e2014_00006261
Prepared by Buesing & Assoc. Inc., 1212 Locust St., Dubuque, IA 52001, (563) 556-4389
Retum to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
GRANT OF EASEMENT
FOR CULVERT PIPE, EMBANKMENT SLOPE,
AND STORM WATER IMPOUNDMENT
For good and valuable consideration, the receipt whereof is hereby
acknowledged, the Grantor:
Gary Valentine
11429 Edval Lane
Dubuque, IA 52003
of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby
grant, and convey to the CITY OF DUBUQUE, IOWA, a municipal corporation, its
agents and contractors as follows: easements in perpetuity, from the date hereof,
through, under and across a portion of the following described real estate situated in
Dubuque, Iowa, to wit:
Lot 1 of Valentine Place No. 3, in the City of Dubuque, Dubuque County, Iowa
Said easements shall be as shown on the attached EXHIBIT A, EXHIBIT B, and
EXHIBIT C. Easement "A" shall be for the purpose of (1) constructing, operating,
maintaining, and removing a concrete culvert pipe, and appurtenances, along with the
right to cut, trim or remove trees, bushes, and roots as may be required incident to right
given herein; (2) constructing, operating, maintaining, and removing the roadway
embankment slope for lateral support, along with the right to cut, trim or remove trees,
bushes, and roots as may be required incident to right given herein; and (3) temporarily
impounding storm water during 100 year or less frequency storm events, along with the
ability to remove fallen trees and other possible obstructions. All other maintenance
shall be the responsibility of the Grantor and heirs. For details see the Plans and
Specifications for Timber-Hyrst Estates #4 on file in the office of the City Engineer.
Easement "B" and Easement "C" shall be for the purpose of temporarily impounding
storm water during 100 year or Tess frequency storm events, along with the ability to
remove fallen trees and other possible obstructions. All other maintenance shall be the
responsibility of the Grantor and heirs. For details see the Plans and Specifications for
Timber-Hyrst Estates #4 on file in the office of the City Engineer.
It is understood and agreed that the City of Dubuque shall be responsible for all
future maintenance and repairs of the Improvements and all associated costs therewith,
and that the City of Dubuque shall not be responsible for the installation of any new field
fencing.
The City of Dubuque, its agents or contractors shall at all times have free access
to and egress from and over said permanent easement areas as shown on the attached
EXHIBIT A, EXHIBIT B, and EXHIBIT C, to maintain or repair said improvement thereon
or therein. Such future access to and egress from said permanent easement areas
shall be through the presently platted Lot 2 of Valentine Place No. 3, which will be
platted as Timber-Hyrst Estates #4 with a Creekwood Dr. Right of Way abutting these
easement areas.
32°0
File Number: 2014-000 preThel
Page 2 of 6
Grantor shall not erect any structure over or within the easement area, except for
fencing, as detailed below, without obtaining prior written approval of the City Engineer.
Grantor has the right to install a fence on the Grantors property within easement
"A", at the Grantors expense. Grantor shall install a 12 foot wide gate at the time of
fence installation at an agreed upon location by the City of Dubuque and the Grantor.
Said gate shall be for the purpose of the City having access to and egress from
Easement "A" and Easement "B". Grantor shall be responsible for the maintenance of
said fence and gate. If said fence or gate are damaged by the City of Dubuque, the City
of Dubuque will be responsible for the replacement thereof.
Grantor has the right to install a fence on the Grantors property within easement
"C", at the Grantors expense. The City of Dubuque will allow Grantor to place a portion
of said fence within future City ROW, around future RIP -RIP and storm sewer flared end
sections, as shown on the proposed Improvement Plans and Final Plat of Timber-Hyrst
#4. Grantor shall install a 12 foot wide gate at the time of fence installation at an agreed
upon location by the City of Dubuque and the Grantor. Said gate shall be for the
purpose of the City having access to and egress from Easement "C". Grantor shall be
responsible for the maintenance of said fence and gate. If said fence or gate are
damaged by the City of Dubuque, the City of Dubuque will be responsible for the
replacement thereof.
Grantor shall not change the grade, elevation, contour, or perform any
construction or excavation that will interfere with the roadway embankment slope so as
to diminish the lateral support of said improvement or any part of the easement area
without obtaining the prior written consent of the City Engineer.
Grantor acknowledges that although the easements for impounding storm water
have been designed for the 100 year storm event, there will be from time to time storms
which are greater than the 100 year storm event and storm water will need to be
impounded beyond the platted easement.
File Number: 2014-00006261 Seq: 2
Page 3 of 6
To have and to hold unto the said City of Dubuque, Iowa, in perpetuity, 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 City of Dubuque, its
agents or contractors, shall at all times have free access to and egress from and over
said permanent easement areas as shown on the attached EXHIBIT A, EXHIBIT B, and
EXHIBIT C, to maintain or repair said improvement thereon or therein.
Dated at Dubuque, Iowa this 13-114 day of June, , 2014.
rjt,,„t:,d
Gary Valentine
STATE OF IOWA, COUNTY OF DUBUQUE, SS:
On this 13TM day of ,WfG , 2014, before me, the
undersigned, a Notary Public in and for said County, in said State, personally appeared
Gary Valentine 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.
HELEN A. GILE
Commission Number 760388
U!y Comm. Exp. 10• i 3 i 5
City of Dubuque
By: Mayor Roy D. Buol
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
c .
Notary Public In and r Said State
Notary Public
On this _ day of 2014 before me, the undersigned, a Notary
Public in and for said County, in said State, personally appeared Roy D. Buol, Mayor of
the City of Dubuque, 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
File Number: 2014-00006261 Seq: 3
Page 4 of 6
PREPARED BY: BVESING k ASSOCIATES
ADDRESS: 1212 LOCUST STREET, DUBUQUE, IOWA 53001 PHONE: (563) 556-4389
PLAT OF EASEMENTS:
ACROSS A PART OF LOT 1 OF VALENTINE PLACE NO. 3,
IN THE CITY OF DUBUQUE, IOWA.
of 1-1
0E1/4 901/4
SEG34. 189N, RYE
SEC.34. TN, R21
10609. R20
LOT 16
FOR PARR NEW HEIGHTS
LOT 2-2-1-2
W1/2 NW1/4
SEC. 3
SCALE 1" = 200'
0' 100' 200'
/
/
EXHIBIT "A"
901/4 SWI/4 501/4
SE0.34. 18909, 020
LOT 1-1
$01/4 5W1/4
300.34. 109N, R2E
LOT I-1 \ ISQ\
VALENTINE \ y�\\
PLACE
LOT 1
VALENTINE PLACE
N0. 3
LOT 1
VALENTINE PLACE
NO. 3
1. AL▪ L MEASUREMENTS ARE IN FEET AND DECIMALS THEROF
2.
2. OWNER PROPRIETOR OF:
LOT 1 OF VALENTINE
E PLACE #3:
Valentine. Gary / 11429 Eaval Ln. / Dubuque. IA 52003
3. LOT 1 OF VALENTINE PLACE /3 IS LOCATED IN BOTH THE NW1/4 AND SWI/4 OF
SECTION 3, T88N. R2E. OF THE 5TH P.M.. DUBUQUE COUNTY. IOWA.
4. THIS PLAT IS SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD.
NORTH CASCADE RD.. (66' 0049
VALENTINE PLACE
090. 3
J
LOT 2-2
OMERT FARM
LEGEND
• 5/E' REROD (MUM)
CAPPED AS NOTED
4015 YELLOW CAP STAMPED '4016'
• MAG NAIL (FOND)
PROPERTY 0110
SURVEYED PROPERTY UNE
- — CENTERLINE
RIGHT OF WAY (ROW)
EASING EASEMENT LINE
EASEMENT LINE
RECORD CREATDMENSIONED rim THIS PLAT)
50.00,1
rnm
50.08 -
SHEET TITLE
PLAT OF EASEMENTS
PROJECT I` NO. 13025
PREPARED FOR:
NORTH CASCADE DEVELOPERS LLC.
10 MARTY MCNAMER
5070 WOLFF ROAD
DUBUQUE, IA 52002
A3UESIINNG
ENGINEERS AND SURVEYORS
1212 LOCUST ST. 00911010. M
(563) 559-4399
DATE
REVISIONS
DRAWN BY:
5/22/14
6/3/14
TPL
SCALE:
CHECKED BY:
SEE BAR SCALE
TLK
File Number: 2014-00006261 Seq: 4
Page 5 of 6
PREPARED BY: BUESING k ASSOCIATES
ADDRESS: 1212 LOCUST STREET. DUBUQUE. IOWA 52001 PHONE: (563) 556-4389
PLAT OF EASEMENTS:
ACROSS A PART OF LOT 1 OF VALENTINE PLACE NO. 3,
IN THE CITY OF DUBUQUE, IOWA.
EXHIBIT "B"
4
SL -1/4
SEC.34,
i� NORTH CASCADE RD. (66' Row)
LOT 1
VALENTINE PLACE
NO. 3
SCALE 1" = 60'
0' 30 60'
.7
EASEMENT "A" S�
ROADWAY EMBANKMENT, f= /
STORM SEWER, AND .81 --
STORM WATER
IMPOUNDMENT 'a
EASEMENT
4,
EASEMENT "B"
STORM WATER •O
IMPOUNDMENT
EASEMENT 4'
0
LOT 2
VALENTINE PLACE
NO. 3
'2Q
100 YR. STORM EVENT
CALCULATED WATER LEVEL 728.90
.�O
SHEET TITLE
PLAT OF EASEMENTS
PROJECT I NO. 13025
PREPARES FOR:
NORTH CASCADE DEVELOPERS LLC.
0 MARTY MCNAMER
5070 W0.FF ROAD
DUBUQUE. IA 52002
�UESIINNG
ENGINEERS AND SURVEYORS
1212 LOCUST 52. 51 510(. N
(5552 556-5559
DATE
REVISIONS
DRAWN BY:
5/22/14
6/3/14
TPL
SCALE:
CHECKED BY:
SEE BAR SCALE
TLK
File Number: 2014-00006261 Seq: 5
Page 6 of 6
PREPARED BY: BUESING & ASSOCIATES ADDRESS: 1212 LOCUST STREET. DUBUQUE. IOWA 52001
PHONE: (563) 556-4389
PLAT OF EASEMENTS:
ACROSS A PART OF LOT 1 OF VALENTINE PLACE NO. 3,
IN THE CITY OF DUBUQUE, IOWA.
LOT 1
VALENTINE PLACE
NO. 3
r^:
SCALE 1" = 60'
0'
30' 60'
EXHIBIT "C"
EASEMENT "C"
STORM WATER
IMPOUNDMENT
EASEMENT
LOT 2
VALENTINE PLACE
NO. 3
/ s�
sSSD. s(p ,,
a
04'
ss
4)'
100 YR. STORM EVENT
CALCULATED WATER LEVEL 724.87
50.00'
N(o
SHEET TITLE
PROJECT
NO. 13025
PLAT OF EASEMENTS
PREPARED FOR:
NORTH CASCADE DEVELOPERS LLC.
MARTY MCNAMER
5070 WOLFF ROAD
DUBUQUE, IA 52002
3UESING
ENGINEERS AND SURVEYORS
1212 LOCUST S1, oUSUCIUS.
(123) 55-23O2
DATE
REVISIONS
DRAWN BY:
5/22/14
6/3/14
TPL
SCALE:
CHECKED BY:
SEE BAR SCALE
TLK
File Number: 2014-00006261 Seq: 6
Masterpiece on thr,11i sissi li
TIMBER-HYRST EST. NO. 4
AREA MAP
DAG IS
DISCLAIMER:
Area r
an.re=ea; Er=i,g ;at _.F t -:e art.._.-ized e- una,1th.rized ..F
200100 0
1 inch = 600 feet
200 400 600 800 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
► ►II►II► ►►II►I ►►► II►II II►1► ►1►1► ►►III ►►1►► II ►I 1►►II ►►►►► II►►► II►►► II►II II►► ►II►
Doc ID: 008110630008 Type: GEN
Kind RESOLUTION
Recorded: 10/10/2014 at 03:33:44 PM
Fee Amt: $42.00 Page 1 of 8
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
F11e2014-00011469
Prepared by: Russell N. Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Russell N. Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 304-14
ACCEPTING THE GRANT OF A CULVERT PIPE, EMBANKMENT
SLOPE, AND STORM WATER IMPOUNDMENT EASEMENT THROUGH,
OVER AND ACROSS A PART OF LOT 1 OF VALENTINE PLACE NO. 3, IN
THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Gary Valentine has executed an Easement for Culvert Pipe,
Embankment Slope, and Storm Water Impoundment, and Other Appurtenances
through, under and across Lot 1 of Valentine Place No. 3, in the City of Dubuque,
Dubuque County, Iowa. Said easement has been filed and recorded in the
Dubuque County Recorder's Office as File Number 2014-00010335.
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 Culvert Pipe, Embankment
Slope, and Storm Water Impoundment Easement through, over and across Lot 1
of Valentine Place No. 3, in the City of Dubuque, Dubuque County, Iowa from
Gary Valentine, 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 Octo ,1
0
Attest:
Kevin . Firnstahl, C "ty Clerk
Roy D. Buol, Mayor
4200
� CifiyClerk
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. 304-14 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 9th day of October, 2014.
Ke n Firnstahl, C ity Clerk
, Page '1 ',of 6
41111#11111111111111 ► �il ll
Doc ID: 008024120006 Type: GEN
Kind EASEMENT
Recorded: 06/13/2014 at 02:42:38 PM
Fee Amt: $32.00 Page 1 of 6
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
F11e2014-00006261
Prepared by Buesing & Assoc. Inc., 1212 Locust St., Dubuque, IA 52001, (563) 556-4389
Retum to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
GRANT OF EASEMENT
FOR CULVERT PIPE, EMBANKMENT SLOPE,
AND STORM WATER IMPOUNDMENT
For good and valuable consideration, the receipt whereof is hereby
acknowledged, the Grantor:
Gary Valentine
11429 Edval Lane
Dubuque, IA 52003
of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby
grant, and convey to the CITY OF DUBUQUE, IOWA, a municipal corporation, its
agents and contractors as follows: easements in perpetuity, from the date hereof,
through, under and across a portion of the following described real estate situated in
Dubuque, Iowa, to wit:
Lot 1 of Valentine Place No. 3, in the City of Dubuque, Dubuque County, Iowa
Said easements shall be as shown on the attached EXHIBIT A, EXHIBIT B, and
EXHIBIT C. Easement "A" shall be for the purpose of (1) constructing, operating,
maintaining, and removing a concrete culvert pipe, and appurtenances, along with the
right to cut, trim or remove trees, bushes, and roots as may be required incident to right
given herein; (2) constructing, operating, maintaining, and removing the roadway
embankment slope for lateral support, along with the right to cut, trim or remove trees,
bushes, and roots as may be required incident to right given herein; and (3) temporarily
impounding storm water during 100 year or less frequency storm events, along with the
ability to remove fallen trees and other possible obstructions. All other maintenance
shall be the responsibility of the Grantor and heirs. For details see the Plans and
Specifications for Timber-Hyrst Estates #4 on file in the office of the City Engineer.
Easement "B" and Easement "C" shall be for the purpose of temporarily impounding
storm water during 100 year or Tess frequency storm events, along with the ability to
remove fallen trees and other possible obstructions. All other maintenance shall be the
responsibility of the Grantor and heirs. For details see the Plans and Specifications for
Timber-Hyrst Estates #4 on file in the office of the City Engineer.
It is understood and agreed that the City of Dubuque shall be responsible for all
future maintenance and repairs of the Improvements and all associated costs therewith,
and that the City of Dubuque shall not be responsible for the installation of any new field
fencing.
The City of Dubuque, its agents or contractors shall at all times have free access
to and egress from and over said permanent easement areas as shown on the attached
EXHIBIT A, EXHIBIT B, and EXHIBIT C, to maintain or repair said improvement thereon
or therein. Such future access to and egress from said permanent easement areas
shall be through the presently platted Lot 2 of Valentine Place No. 3, which will be
platted as Timber-Hyrst Estates #4 with a Creekwood Dr. Right of Way abutting these
easement areas.
File Number: 2014-000
3200
ravel
Page 2 of 6
Grantor shall not erect any structure over or within the easement area, except for
fencing, as detailed below, without obtaining prior written approval of the City Engineer.
Grantor has the right to Install a fence on the Grantors property within easement
"A", at the Grantors expense. Grantor shall install a 12 foot wide gate at the time of
fence installation at an agreed upon location by the City of Dubuque and the Grantor.
Said gate shall be for the purpose of the City having access to and egress from
Easement "A" and Easement "B". Grantor shall be responsible for the maintenance of
said fence and gate. If said fence or gate are damaged by the City of Dubuque, the City
of Dubuque will be responsible for the replacement thereof.
Grantor has the right to install a fence on the Grantors property within easement
"C", at the Grantors expense. The City of Dubuque will allow Grantor to place a portion
of said fence within future City ROW, around future RIP -RIP and storm sewer flared end
sections, as shown on the proposed Improvement Plans and Final Plat of Timber-Hyrst
#4. Grantor shall install a 12 foot wide gate at the time of fence installation at an agreed
upon location by the City of Dubuque and the Grantor. Said gate shall be for the
purpose of the City having access to and egress from Easement "C". Grantor shall be
responsible for the maintenance of said fence and gate. If said fence or gate are
damaged by the City of Dubuque, the City of Dubuque will be responsible for the
replacement thereof.
Grantor shall not change the grade, elevation, contour, or perform any
construction or excavation that will interfere with the roadway embankment slope so as
to diminish the lateral support of said improvement or any part of the easement area
without obtaining the prior written consent of the City Engineer.
Grantor acknowledges that although the easements for impounding storm water
have been designed for the 100 year storm event, there will be from time to time storms
which are greater than the 100 year stormevent and storm water will need to be
impounded beyond the platted easement.
File Number: 2014-00006261 Seq: 2
Page 3=of 6
To have and to hold unto the said City of Dubuque, Iowa, in perpetuity, 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 City of Dubuque, its
agents or contractors, shall at all times have free access to and egress from and over
said permanent easement areas as shown on the attached EXHIBIT A, EXHIBIT B, and
EXHIBIT C, to maintain or repair said improvement thereon or therein.
Dated at Dubuque, Iowa this 13114 day of June- , 2014.
Gary Valentine
STATE OF IOWA, COUNTY OF DUBUQUE, SS:
On this 13" day of ,Une- , 2014, before me, the
undersigned, a Notary Public in and for said County, in said State, personally appeared
Gary Valentine 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.
HELEN A. GILE
Commission Number 760388
My Comm. Exp. 10.13.15
City of Dubuque
By: Mayor Roy D. Buol
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
a .
Notary Public In and I r Said State
Notary Public
On this day of 2014 before me, the undersigned, a Notary
Public in and for said County, in said State, personally appeared Roy D. Buol, Mayor of
the City of Dubuque, 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
File Number: 2014-00006261 Seq: 3
Page 4 Of 6
PREPARED BY: BUSSING 4 ASSOCIATES ADDRESS: 1212 LOCUST STREET, DUBUQUE.
IOWA 52001 PHONE: (563) 556-4389
PLAT OF EASEMENTS:
ACROSS A PART OF LOT 1 OF VALENTINE PLACE NO. 3,
IN THE CITY OF DUBUQUE, IOWA.
1-1
SE1/4 515/4
SEGNI. TON, 52E
5E6.34. TSP*), R2
EXHIBIT "A"
501/4 591/4 SWI/4
560.31, T5 5, 526
101 I_1
5E1/4 5W1/4
SEC.34 Teal, R2E
;a - AbftTFl CASCADE R0. (s' woM
LD1 IS
FDR PARK 1919 HEIGHTS
LOT 2-2-1-2 /
w12 NW1
SEG 3/4
J
LOT 1
YALENTN6 PLACE
NO. 3
LOT 1 '
VALENTINE PLACE
NO. 3
1
SCALE 1" = 200'
0' 100' 200'
LOT 1
VALENTINE PLACE
N0. 3
1.0 ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEROF.
2. OWNER R PROPRIETOR OF:
LOT I OF VALENTINE PLACE 4.3:
Vdenl6Te, Gory / 11429 EGVOI Ln. / Dubuque, IA 52003
3. LOT 1 OF VALENTINE PLACE 43 6 LOCATED IN BOTH THE NW1/4 AND SW1/4 OF
SECTION 3. 188N. 822. OF THE 5TH P.M.. DUBUQUE COUNTY. IOWA.
4. THIS PLAT IS SUBJECT TO EASEMENTS OF RECORD AND NOT CF RECORD.
LOT 2
VALEN11115 PLACE
N0. 3
4b.
t) mallet MSIJtI N
LOT 2
VALENTINE PLACE
NO. 3
101 2-2
DNMERT EARN
• 61tt
/0 RER06 (MTM))
CAPPED AS NOTED
4016 YELLOW DAP 51121PE0 .4010
® NAG NAIL (FOUND)
PROPENE,/ UNE
SURMEY00 PROPERTY UNE
— - — - — CENTERLINE
RIGHT Of *01 (ROW)
EMSTNG EASEMENT UNE
EASEMENT LINE
RE(C00140 TDWEN90N reTH IS PLAT)
50.00
SHEET TITLE
PLAT OF EASEMENTS
PROJECT I NO. 13025
PREPAR D FOR:
NORM CASCADE DEVELOPERS LLC.
5 MARTY MCNAMER
5070 WOLFF ROAD
OUBUOUE, IA 52002
3UESIINNG
BACERDSAS AND SURP8Y0RS
7212 LoCus1 51. ONR2OUE. M
1565) 555-4352
DATE
RE\4SIONS
DRAWN BY:
5/22/14
6/3/14
TPL
SCALE:
CHECKED BY:
SEE BAR SCALE
TLK
File Number: 2014-00006261 Seq: 4
r Page 5 of 6
PREPARED BY: 80ES1NC & AS50 ATE5 0058005: 1212 LCCUST STREET, DUBUQUE, IOWA 52001
PHONE: (5631 556-4309
PLAT OF EASEMENTS:
ACROSS A PART OF LOT 1 OF VALENTINE PLACE NO. 3,
IN THE CITY OF DUBUQUE, IOWA.
LOT 1
VALENTINE PLACE
NO. 3
SCALE 1' = 60'
0' 30' 60'
EXHIBIT "B"
SE1/4
SEC, 34,
NORTH CASCADE RD. (66' ROW)
N.Du>
Q6', X49-
ROADWAEMENT "A"
Y E EMBANKMENT, EL s�'� �/ s{O�? /
STORM SEWER, AND STORM WATER g '
4-- LOT 2
EASEMENT ,� " VALENTINE PLACE
Oeq NO.3
EASEMENT "8" h
STORM WATER •N
IMPOUNDMENT ry
EASEMENT 4"
'28
4494!G.
on, SB?Jon,
"Po
100 YR. STORM EVENT
CALCULATED WATER LEVEL 728.90
fV
trl
SHEET TITLE
PLAT OF EASEMENTS
PROJECT I N0. 13025
PREPARED FOR:
NORTH CASCADE DEVELOPERS U.C.
X MARTY MCNAMER
5070 WOVE ROAD
DUBUQUE, IA 52002
allSESIIHNG
ZNC1NRBRS AND 3URYSYORS
212 LOCUST SL OUSU]UL 0
5x9) TO11-4 5
DATE REVISIONS
DRAWN BY:
5/22/14
6/3/14
TPL
SCALE:
CHECKED BY:
SEE BAR SCALE
TLK
File Number: 2014-00006261 Seq: 5
Page6of6
PREPARED DY: BUESIND 8: ASSOCIATES
ADDRESS: 1212 LOCUST STREET, DUBUQUE. IOWA 52001 PHONE: (563) 556-4336
PLAT OF EASEMENTS:
ACROSS A PART OF LOT 1 OF VALENTINE PLACE NO. 3,
IN THE CITY OF DUBUQUE, IOWA.
LOT 1
VALENTINE PLACE
NO. 3
EXHIBIT "C"
EASEMENT "C"
STORM WATER
IMPOUNDMENT
EASEMENT
LOT 2
VALENTINE PLACE
NO. 3
se
100 YR. STORM EVENT
CALCULATED WATER LEVEL 724.87
hs
SCALE 1" = 60'
0' 30' 60'
50.00'
W
SHEET TITLE
PROJECT I N0. 13025
PLAT OF EASEMENTS
PREPARED FOR:
NORTH CASCADE DEVELOPERS LLC.
Si MARTY MCNAMER
5070 MVLFT ROAD
DUBUQUE, IA 52002
UESIINNG
BAVINSSNS AND SUNYSYORN
1110 LOCUST 51. 0 0016. N
(363) 536-4300
DATE
REVISIONS
DRAWN B
5/22/14
6/3/14
TPL
SCALE:
CHECKED BY:
SEE BAR SCALE
TLK
File Number: 2014-00006261 Seq: 6