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