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Sanitary and Storm Sewer Easement from Nemmers Cedar Ridge Farm Copyright 2014 City of Dubuque Consent Items # 11. ITEM TITLE: Sanitary and Storm Sewer Easement from Nemmers Cedar Ridge Farm Acceptance SUMMARY: City Manager recommending acceptance of a sanitary and storm sewer easement from Nemmers Cedar Ridge Farm Limited Partnership for proposed public sanitary and storm sewers across part of Lot 2 and Lot 4 in Cedar Ridge Farm Place No. 7 in the City of Dubuque. RESOLUTION Accepting A Grant of Easement for sanitary and storm sewer through, over and across part of Lot 2 and Lot 4 in Cedar Ridge Farm Place No. 7, in the City of Dubuque, Iowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Acceptance of Sanitary and Storm Sewer Easement from Nemmers- ❑ City Manager Memo MVM Memo ❑ Staff Memo Staff Memo ❑ Resolution Resolutions ❑ Grant of Easement Supporting Documentation ❑ Easement Exhibit Supporting Documentation THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of Sanitary and Storm Sewer Easement from Nemmers Cedar Ridge Farm Limited Partnership Property on Cedar Cross Road and Cedar Crest Court in Dubuque DATE: March 9, 2015 City Engineer Gus Psihoyos recommends City Council acceptance of a sanitary and storm sewer easement from Nemmers Cedar Ridge Farm Limited Partnership for proposed public sanitary and storm sewers across part of Lot 2 and Lot 4 in Cedar Ridge Farm Place No. 7 in the City of Dubuque. 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 COF Dubuque °" DUtBAl1•NnericaCity Masterpiece on the Mississippi 11111., 2012 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Acceptance of Sanitary and Storm Sewer Easement from Nemmers Cedar Ridge Farm Limited Partnership Property on Cedar Cross Road and Cedar Crest Court in Dubuque DATE: March 9, 2015 INTRODUCTION The purpose of this memorandum is to seek acceptance of a sanitary and storm easement from Nemmers Cedar Ridge Farm Limited Partnership for proposed public sanitary and storm sewers across Part of Lot 2 and Lot 4 in Cedar Ridge Farm Place No. 7 in the City of Dubuque. DISCUSSION The property owners are planning to begin development of three lots in the subdivision fronting on Cedar Cross Road requiring extension of the public sanitary and storm sewers. The owners, Nemmers Cedar Ridge Farm Limited Partnership, and the City of Dubuque wish to set forth terms for the construction, maintenance, and replacement of the proposed public utility extensions to serve the properties. The terms in the Grant of Easement would prevent property owners from building structures over or changing grades next to the easement without the City's consent. The City of Dubuque will own and maintain the utility extensions. RECOMMENDATION I recommend accepting the Grant of Easement for a sanitary and storm sewer easement through, over and across Part of Lot 2 and Lot 4 in Cedar Ridge Farm Place No. 7, as shown on Exhibit A on the attached Grant of Easement. ACTION TO BE TAKEN I respectfully request accepting the Grant of Easement for sanitary and storm sewer from Nemmers Cedar Ridge Farm Limited Partnership. Prepared by Nate Kieffer, PLS cc: John Klosterman, Public Works Supervisor Don Vogt, Public Works Manager Denise Ihrig, Civil Engineer Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, A 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 80-15 ACCEPTING A GRANT OF EASEMENT FOR SANITARY AND STORM SEWER THROUGH, OVER AND ACROSS PART OF LOT 2 AND LOT 4 IN CEDAR RIDGE FARM PLACE NO. 7, IN THE CITY OF DUBUQUE, IOWA Whereas, Nemmers Cedar Ridge Farm Limited Partnership and the City of Dubuque wish to set forth terms for the construction, maintenance, and replacement of proposed public sanitary and storm sewer utilities located in Part of Lot 2 and Lot 4 in Cedar Ridge Farm Place No. 7, in the City of Dubuque, Dubuque County, Iowa; and Whereas, Nemmers Cedar Ridge Farm Limited Partnership have executed an Easement for Sanitary and Storm Sewer through, over and across Part of Lot 2 and Lot 4 in Cedar Ridge Farm Place No. 7, 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 Sanitary and Storm Sewer through, over and across Part of Lot 2 and Lot 4 in Cedar Ridge Farm Place No. 7, in the City of Dubuque, 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 16th day of March, 2015. Attest: Trish L. Gleason, Assistant City Clerk pEy D. Buol, Mayor Prepared by: Nate Kieffer, PLS,City of Dubuque,50 W. 131h Street,Dubuque, IA 52001 (563)589-4270 Return to: Nate Kieffer, PLS,City of Dubuque,50 W. 13 Street,Dubuque, IA 52001 (563)589-4270 GRANT OF EASEMENT FOR SANITARY AND STORM SEWER For and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Nemmers Cedar Ridge Farm Limited Partnership 3074 County Z Hazel Green, WI 53811 of Grant County, State of Wisconsin, for themselves, their successors, 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: Part of Lot 2 and Lot 4 in Cedar Ridge Farm Place No 7, in the City of Dubuque, Iowa As shown on 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 sanitary and 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. Following any construction, maintenance or repair of said sanitary and storm sewer, the City of Dubuque shall restore any disturbed turf area to its original condition. Subsequent property owners, their successors, heirs or assigns shall not erect any structure over or within the easement area without obtaining the prior written consent of the City Engineer. Subsequent property owners, their successors, heirs and assigns shall not change the grade, elevation, or contour or perform any construction or excavation that will diminish the lateral support of said sanitary and storm sewer 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, remodel or repair said sanitary and storm sewer thereon or therein. Said easement shall be binding on all subsequent property owners, their successors, heirs and assigns. Dated , Iowa this day of , 2015. Julian G. Nemmers, General Partner NOTARY PUBLIC STATE OF Wisconsin, COUNTY OF Grant, SS: On this �^ day ofA.D., 2015 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. &h I 1A n�UW,(,C Nota Pu lic In and For Said State SPR' Cs TRACY D MELOCCARO 4 z � Commission Number 774756 y My Commission Expires avr September 12,2015 l , T EXHIBIT 30 FOOT HIDE PERMANENT STORK SEINER AND SANITARY SEWER GRAPHIC SCALE EASEMENT ACROSS PART OF LOT 2 AND LOT 4 IN CEDAR RIDGE 0 100--- 200 FARM PLACE NO. 7 IN THE CITY OF DUBUQUE, IOWA MO= i 1" = 100' _ \� DRAWING MAY HAVE BEEN REDUCED N tx tea\ �• Via\ LOT 4 ( %� CEDAR RIDGE FARM \ PLACE NO. 7 p f if N50 3802 00 Q ' TOTAL EASEMENT AREA = 15,440 SQ. FT. W DETAIL: 1ff=30' '`�'�7a. D cya ca EASEMENT ON LOT2 7 f 15 264 SQ. FT. • z \ LOT 2 ; ` l . � CEDAR RIDGE FARMS ��O � -{ .� ` EASEMENT z PLACE N0. 7 Rp, \ �4�� P , ON LOT 4 176 SQ. FT. r lk o LEGEND F`'0� Q — — — EASEMENT LINE �f n LOT LINE DETAIL: 1"=30' ° EX EXISTING ( ) RECORD INFORMATION ROW RIGHT—OF—WAY P.U.E. PUBLIC UTILITY EASEMENT L`' � ,P.�. FOUND 5/8- REBAR \ \ CML EWGWMFUNG W RED CAP 12631 - '�/ \ . \ W NT"� s �' EtNiR�lMETAL ENf31NEERING LAND SUWEl. NOTEM WIPAL ENGW-fuNG INTEGRITY.EXPERTISE.SMUMNS " THIS SURVEY IS SUBJECT TO TRANSPOfiiATiON EMplERWG PROPRIETOR: NEMMERS CEDAR RIDGE FARM LIMITED PARTNERSHIP EASEMENTS, RESERVATIONS, DRAWN SAF PLAT NO. —IA-15 PREPARED FOR: JULIAN NEMMERS RESTRICTIONS AND RIGHTS—OF—WAY CHECKED cLc PROJ. NO. 14132 DATE PREPARED: FEBRUARY 19, 2015 OF RECORD AND NOT OF RECORD. DATE 2-19-15 ISHEET 1 of 1 P:\14\132\DRAMNGS\SURVEY\14132-EASE