Acceptance of Grant of Sanitary Sewer Utility Easement - 3045 Indiana Ct._BakkenCopyright 2014
City of Dubuque Consent Items # 10.
ITEM TITLE: Acceptance of Grant of Sanitary Sewer Utility Easement - 3045 Indiana
Court
SUMMARY: City Manager recommending acceptance of a permanent easement for
sanitary sewer across part of Lot 1 of Indiana Subdivision No. 2 from Eric
Bakken.
RESOLUTION Accepting a Grant of Easement for sanitary sewer through,
over and across par of Lot 1 of Indiana Subdivision No. 2 in the City of
Dubuque
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS :
Description
ElAcceptance of Grant of Sanitary Sewer Utility Easement for Bakken
Property -MVM Memo
❑ Staff Memo
❑ Grant of Easement
E Resolution
❑ Location Map
Type
City Manager Memo
Staff Memo
Supporting Documentation
Resolutions
Supporting Documentation
THE CITY OF
Dui
Masterpiece on the Mississippi
Dubuque
band
AI -America City
r
2007 • 2012 • 2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of a Grant of Sanitary Sewer Utility Easement over Bakken
Property at 3045 Indiana Court in Dubuque, Iowa
DATE: August 25, 2015
City Engineer Gus Psihoyos recommends City Council acceptance of a permanent
easement for sanitary sewer across part of Lot 1 of Indiana Subdivision No. 2 from Eric
Bakken.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
",'I144 ,,,,,,
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
Dui
Masterpiece on the Mississippi
Dubuque
All -America City
11111!
2007 • 2012 • 2013
Engineering Department
50 W. 13th Street
Dubuque, IA 52001
Office (563) 589-4270
Fax (563) 589-4205
TDD (563)556-9948
engineer@cityofdubuque.org
www.cityofdubuque.org
TO: Michael C. Van Milligen, City Mana er
FROM: Gus Psihoyos, City Engineer
SUBJECT: Acceptance of a Grant of Sanitary Sewer Utility Easement over Bakken Property at 3045
Indiana Ct. in Dubuque, Iowa
DATE: August 24, 2015
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a permanent easement for sanitary sewer
across part of Lot 1 of Indiana Subdivision No. 2 in the City of Dubuque;
DISCUSSION
In 2009, the property owner of 3045 Indiana Court had constructed a residential building over a city
sanitary sewer main and easement. In 2011, the City and the property owner, Eric Bakken, executed
an agreement by which the property owner would relocate the sanitary sewer main away from the
home and also grant the City a new easement covering the new sewer location. The owner has
relocated the sanitary sewer main and has granted the new easement. Once the new easement is
accepted by the City, the City will vacate the former easement area.
RECOMMENDATION
I recommend accepting the Grant of Sanitary Sewer Easement through, over and across part of Lot 1
of Indiana Subdivision No. 2 in the City of Dubuque, Iowa, as shown on the exhibit attached to the
Grant of Easement.
ACTION TO BE TAKEN
I respectfully request acceptance of the Grant of Sanitary Sewer Easement from Eric Bakken.
Prepared by Nate Kieffer, PLS
cc: John Klosterman, Public Works Supervisor
Don Vogt, Public Works Manager
Jon Dienst, Civil Engineer II
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Kevin S. Firnstahl, City Clerk, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4121
RESOLUTION NO. 293-15
ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER THROUGH, OVER
AND ACROSS PART OF LOT 1 OF INDIANA SUBDIVISION NO. 2, IN THE CITY OF
DUBUQUE, IOWA
Whereas, Eric M. Bakken has executed a Permanent Easement for Sanitary Sewer
through, over and across Part of Lot 1 of Indiana Subdivision No. 2 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 Permanent Easement for Sanitary Sewer through,
over and across Part of Lot 1 of Indiana Subdivision No. 2, in the City of Dubuque,
Dubuque County, Iowa from Eric M. Bakken, 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.
Section 3. The City Clerk is hereby authorized to and directed to record this
resolution and easement with the Dubuque County Recorder.
Passed, approved and adopted this 8th day of September, 2015
Attest:
Kevin " . Firnstahl, CM , City Clerk
(;)
Roy D. Buol, Mayor
Prepared by: Nate Kieffer, PLS, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, PLS, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
GRANT OF EASEMENT FOR SANITARY 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,
Eric M. Bakken
3045 Indiana Ct.
Dubuque, IA 52001
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, 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:
A Part of Lot 1 of Indiana Subdivision No.2 in the City of Dubuque,
Dubuque County, 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 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,
It is understood and agreed that the grantee herein shall restore the disturbed
area due to the installation and repair of said sanitary sewer,
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 of said
improvement 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 owner(s) 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
sewer thereon or therein..
0.1 / day of, 2015.
Dated at o a this
Eric M. Bakken
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this 2/ 51- day of AVOIIST • A.D., 2015 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared Eric M.
Bakken 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.
RUSSELL N KIEFFER
Commission Number 778626
My Commission Expires
Ma, 24 2016
Notary Public In and For Said State
EXHIBIT A
3045 INDIANA CT.
LOT 1 INDIANA SUBDIVISION NO2.
LOT 1 INDIANA SUBDIVISION NO.2
VACATE EASEMENT
RETAIN EASEMENT
INDIANA CT,
EXISTING 20' WIDE
SANITARY SEWER
EASEMENT
NEW SANITARY SEWER
EASEMENT AREA
PROPOSED SEWER
LOT 1-2 INDIANA SUBDIVISION NO.2
= RETAIN EASEMENT
= NEW EASEMENT
NORTH
Q
10' 20' 40'
SCALE 1" = 20' FEET
CITY .J
E
ENGINEERING DEPARTMENT
CITY HALL, 50 WEST 13(h STREET
DUBUQUE, IA 52001-4864
PHONE (563) 589-1270 FAX (563) 585-4205
,...na By: RNK 12p -s SC By: DI Data: 08c130)-15
EXHIBIT A
3045 INDIANA CT.
EASEMENT FOR SANITARY SEWER
Sheet Number: 4
THE CITY OF
DUB J E
Mnstelpieee on the Mississippi
LOCATION MAP
DAGiS •%
pt1VQUf AREA 60000 .5lA.lO N 5551111
1
41.
4
30351
•
EXIST- SAN.
'ASE.
ORIGINAL SAN.
SEWER
LOCATION
r:"
`
sf' j :'.
os)
NEW SAN.
SEWER EASE.
AREA
RtLOCAI to
SAN. SEV' E)
DithwitEr
DISCLAIMER: This information was compiled
sing the Dubuque Area Geographic Information System
IDAvl5), which includes data created by both the City of
Dubuque and Dubuque County. It is understood that, while
the City or Dubuque and participating agencies utilized the
most current and accurate information available, DAGI5 and
suppliers do not warrant the accuracy or currency of the
information or data contained herein. The City and participating
agencies shall not be held liable for any direct, indirect, incidental,
sequential, punitive, or special damages, whether foreseeable or
unforeseeable, arising out of the authorized or unauthorized use of
this data or the inability to use this data or cut of any breach of
warranty whatsoever.
30
1 inch = 30 feet
15
0
30 Feet
W
Map Prepared by:
City of Dubuque
Engineering Division
50 West 13th Street
Dubuque, Iowa 52001
Phone: (563) 589-4270
Fax: (563) 589-4205
1111111010 1111111111111111 lIlilIOtIl 11 111111111
Doc ID 008313040005 Type GEN
Kind EASEMENT
Recorded: 09/11/2015 at 01:29:42 PM
Fee Amt: $27.00 Page 1 of 5
Dubuque County Iowa
John Murphy Recorder
File2015-00011782
Prepared by: Nate Kieffer, PLS, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, PLS, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
GRANT OF EASEMENT FOR SANITARY 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,
Eric M. Bakken
3045 Indiana Ct.
Dubuque, IA 52001
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, 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:
A Part of Lot 1 of Indiana Subdivision No.2 in the City of Dubuque,
Dubuque County, 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 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.
It is understood and agreed that the grantee herein shall restore the disturbed
area due to the installation and repair of said sanitary sewer.
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 of said
improvement 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 owner(s) 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
sewer thereon or therein..
Dated at g , Iowa this a / day of 4a4 T , 2015.
A. exi,Lk,
Eric M. Bakken
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this Z'57 day of Av6IlsT , AD,, 2015 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared Eric M.
Bakken 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.
RUSSELL Pi KIEFFER
o • Commission Number 778626
• • MY Car/mission Expires
Ma 24 16
Notary Public In and For Said State
EXISTING 20' WIDE
SANITARY SEWER
EASEMENT
15
0'
2
EXHIBIT A
3045 INDIANA CT.
LOT 1 INDIANA SUBDIVISION NO.2
LOT 1 INDIANA SUBDIVISION NO.2
VACATE EASEMENT
3045
6
0
RETAIN EASEMENT
PROPOSED SEWER
LOT 1-2 INDIANA SUBDIVISION N0.2
= RETAIN EASEMENT
=N
EASEMENT
0)
INDIANA CT.
NEW SANITARY SEWER
EASEMENT AREA
(62.
NO
0 10' 20' 40'
SCALE 1" = 20' FEET
Dubuque CITY OF DUBUQUE
ENGINEERING DEPARTMENT
*:* *,.
SII
2007
CITY HALL. 50 WEST 13th STREET
DUBUQUE, IA 52001-4554
PHONE (5631589-42/0 FAX (553;559-4205
09h'15:
0913^1115
EXHIBIT A
3045 INDIANA CT.
EASEMENT FOR SANITARY SEWER
Prepared by: Nate Kieffer. City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Kevin S. Fimstahl, City Clerk, City of Dubuque. 50 W. 13th Street, Dubuque. IA 52001 (563) 589-4121
RESOLUTION NO. 293-15
ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER THROUGH, OVER
AND ACROSS PART OF LOT 1 OF INDIANA SUBDIVISION NO. 2, IN THE CITY OF
DUBUQUE, IOWA
Whereas, Eric M. Bakken has executed a Permanent Easement for Sanitary Sewer
through, over and across Part of Lot 1 of Indiana Subdivision No. 2 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 Permanent Easement for Sanitary Sewer through,
over and across Part of Lot 1 of Indiana Subdivision No. 2, in the City of Dubuque,
Dubuque County, Iowa from Eric M. Bakken, 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.
Section 3, The City Clerk is hereby authorized to and directed to record this
resolution and easement with the Dubuque County Recorder.
Passed, approved and adopted this 8th day of September, 2015
Roy D. Buol, Mayor
Attest:
Adoe is
•
Kevin ' Firnstahl, CM , City Clerk
STATE OF IOWA
CERTIFICATE of the CITY CLERK
)
COUNTY OF DUBUQUE )
SS:
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. 293-15 is a true and correct
copy of the original.
In Testimony Whereof, 1 hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 9th day of September, 2015.
Kevin S. Firnstahl,
, City Clerk