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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