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Acceptance of Storm Sewer Easement at 2810 Wildwood Court_Simon Copyright 2014 City of Dubuque Consent Items # 15. ITEM TITLE: Acceptance of Storm Sewer Easement at 2810 Wildwood Court SUMMARY: City Manager recommending acceptance of a Grant of Permanent Easement for Storm Sewer across 2810 Wildwood Court from Stan and Charalin Simon. RESOLUTION Accepting a grant of Permanent Easement for storm sewer through, over and across part of Lot 1 of S. Simon Place, in the City of Dubuque, Iowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type ❑ Acceptance of Storm Sewer Easement at 2810 Wfldwood Ct-MVM City Manager Memo Memo ❑ Staff Memo Staff Memo ❑ Resolution Resolutions ❑ Grant of Easement for Storm Sewer Supporting Documentation ❑ Exhibit Supporting Documentation ❑ Location Map 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 a Permanent Easement for Storm Sewer from Stan and Charalin Simon over Property at 2810 Wildwood Court in Dubuque DATE: September 28, 2015 The City owns and maintains a storm sewer running across property at 2810 Wildwood Court. There is no formal easement on record for the storm sewer and the City would like to formalize the easement to facilitate the on-going maintenance of the utility. City Engineer Gus Psihoyos recommends City Council acceptance of a Grant of Permanent Easement for Storm Sewer across 2810 Wildwood Court from Stan and Charalin Simon. 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 Dubuque Engineering Department THE CITY OF 50 W. 13`h Street DUAR WeaC Dubuque, 5 2001 1 I I r Office(563)3)589-49-4 270 Fax(563)589-4205 TDD(563)556-9948 Masterpiece on the Mississippi 2007.2012•2013 engineer@cityofdubuque.org www.cityofdubuque.org TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Acceptance of a Permanent Easement for Storm Sewer from Stan and Charalin Simon over property at 2810 Wildwood Court in Dubuque DATE: September 16, 2015 INTRODUCTION The purpose of this memorandum is to seek acceptance of a permanent easement for storm sewer across Part of Lot 1 of S. Simon Place, in the City of Dubuque. DISCUSSION The City owns and maintains a storm sewer running across the subject property that conveys storm water from Andrew Court and Shady Lane to Meadow Wood Drive. There is no formal easement on record for the storm sewer across this property. The City would like to formalize the easement to facilitate the on-going maintenance of the utility. The property owners, Stan and Charalin Simon, have executed the Grant of Easement document attached to this memo. RECOMMENDATION I recommend accepting the Grant of Permanent Easement for Storm Sewer through, over and across Part of Lot 1 of S. Simon Place, as shown on the exhibits attached to the Grant of Easement. ACTION TO BE TAKEN I respectfully request acceptance of the Grant of Permanent Easement for Storm Sewer from Stan and Charalin Simon via the attached resolution. Prepared by Nate Kieffer, PLS cc: John Klosterman, Public Works Supervisor Don Vogt, Public Works Manager Denise Ihrig, Environmental Engineer Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to: Kevin Firnstahl City Clerk, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 337-15 ACCEPTING A GRANT OF PERMANENT EASEMENT FOR STORM SEWER THROUGH, OVER AND ACROSS PART OF LOT 1 OF S. SIMON PLACE, IN THE CITY OF DUBUQUE, IOWA Whereas, Stan L. and Charalin C. Simon have executed a Permanent Easement for Storm Sewer through, over and across Part of Lot 1 of S. Simon Place, 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 Storm Sewer through, over and across Part of Lot 1 of S. Simon Place, in the City of Dubuque, Dubuque County, Iowa from Stan L. and Charalin C. Simon, 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. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 5th day of October, 201 Attest: S. Firnstahl, CMC,(Gi y 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 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, Stan L. Simon and Charalin C. Simon 2810 Wildwood Court Dubuque, Iowa 52001 of Dubuque County, State of Iowa, 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 1 of S. Simon Place, 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 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 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 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 storm sewer thereon or therein. Said easement shall be binding on all subsequent property owners, their successors, heirs and assigns. Dated at DIA&ritou, Iowa this (L day of cE— erOciA612,, 2015. F Stan L. Simon L. Charalin$. Simon NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this I GI41 day of A.D., 2015 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Stan S. Simon and Charilin C. Simon 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. otary Public In and For Said State AO' s SARA WALDRON Commission Number 732774 Commission Expires U ,a ,45 ZCt Dubuque CITY OF DUBUQUE EXHIBIT A�,,,� CITY ENGINEERING DEPARTMENT HALL, 50 WEST 13th STREET All-America City DUBUQUE, IA 52001-4864 STORM SEWER EASEMENT ACROSS PART OF PHONE t ' Drawn By: RNK (563)I Approved BDy: RINK FAX Dates 09-0102 205 0 5 PART OF LOT 1S.SIMON PLACE, LOT 1 S. SIMON PLACE, CITY OF DUBUQUE, IOWA ® CITY OF DUBUQUE,IOWA DWG Location: F:WKleffeACAD Drawings\Simon Storm Sewer Easement\slmon storm 2007 sewer ease.dwg O.00�DO� R=02.46' C.I.P.Number: Sheet Number: 1 of 1 Q , CH.8R.S26°52'42"E O CH.14.39' \ LL EXISTING STORM SEWER MANHOLE NORTH LOT 5 BLK. 11 LOT 7 BLK. 14 SUNRISE HEIGHTS LOT 8 BLK. 14 SUNRISE HEIGHTS EXISTING STORM SUNRISE HEIGHTS 0 25' 50' 100' (114.69' SEWER MANHOLE (183.25') SCALE 1"=50'FEET S87°02'57"E 114.61' S89° 11' 19"E 183.41' 10J 14.31' `\ 7 i \ (32.45') 635 \ S29°14'39"E 32.26' S (15.45') 70 �. S26°48'46"E 15.51' Qj \8°P3 ! Bi/ .lnJf 1�,�42F �8 CENTERLINE OF rnj• � 82 , EXISTING STORM LOT 16 ^ `\e SEWER PIPE RICHARD'S SUB. r o �p141 i- C5 `L 5 o00 ��� 5 z EXISTING STORM LOT 1-18 BLK. 15 L O SEWER MANHOLE SUNRISE HEIGHTS NCE J IAND GRATE EX STING STORM SEWER PIPE ry 00 S . SILOT 1 L MON PLACE O co CO EXISTING STORM 40 l0 SEWER MANHOLE N D. LEGEND LOT 15 SUNRISE LOT 18 HLEIGHTS U) T_ RICHARD'S SUB. a) 0 0 ry o N FOUND IRON ROD/PIPE AS SHOWN N LOT 2 O SET 5/8"REBAR WITH YELLOW PLASTIC CAP#18128 S. SIMONPLACE a R.O.W. RIGHT OF WAY Q (100.00') RECORD DIMENSION LINE BREAK NOTE: LOT 14 ADJACENT PROPERTY LINE RICHARD'S SUB. THIS SURVEY IS LOCATED IN THE _M NW 1/4 SECTION 4, T89N, R2E 4.1 --- RIGHT OF WAY LINE (DUBUQUE TOWNSHIP) U) OF THE 5TH P.M. IN THE W CITY OF DUBUQUE, DUBUQUE — — — — — PROPOSED EASEMENT LINE COUNTY IOWA LOT 13 LO RICHARD'S SUB FOR THE PURPOSE OF THIS '- SURVEY THE WEST LINE OF LOT 1 I hereby certify that this land surveying document was prepared and S. SIMON PLACE IS ASSUMED TO y + the related survey work was performed by me or under my direct BEAR NORTH 08 personal supervision and that I am a duly licensed Land LOT BLK. DEGREES 37 MINUTES 26 �Qw��e«"'�"����► Surveyor under the laws of the State of Iowa. SUNRISE HEIGHTS SECONDS WEST 4_1 z RaQ{.O RYSSELL foe %m m a` i�fEFFER �0 18128 NOTES: f 191 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. ���� .°�• / vv `V 2. PROPRIETOR OF ABOVE DESCRIBED LOT:STAN&CHARALIN SIMON CL ••w....w�� Russell N.Kieffer Iowa Lie.No.18128 Date 3. SURVEY REQUESTED BY:CITY OF DUBUQUE,50 W.13TH ST.DUBUQUE,IOWA ,oWn My license renewal dale is December 31,2016 5. THIS EASEMENT PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. Pages or sheets covered by this seal: PAGE 1 ONLY 6. DATE OF SURVEY:09-09-2015 NAE LOCATION MAP DAGIS li ELE000E AREA G aGKAPIIC INFER-1—=v„EH Masterpiece on the Mississippi 2850 865 - 2876 2874 ..28,70 ' 2 � � j 2840 2841 2822'' . 2879 2854 570 560 550 520 2820 2834 2823 . 2833 - A 2839 ' • -� 510 `� r 2818 1� —540 2805 V 5 2820 2815? 28 2819 - 2792 2811 a945 � s, = 896.. 899 - 8 � ❑p 965 955' �t 2790 � 27' 01 = 2744°+ ,, uy 2775_ , 894 2775 2780 _ '- 895 2775 2745 , 705 2765 2770 2755 �. 891 o 1000 a 2755 1004 2765 715 710 5 ;884; 885 1008 2760 �' -/ � 2745 ; '27505 .; 881 2750 273 880 � 2738 2740 r 740 P2740 875 857 --------------,,. 2730 765 2725 2735 874 2737 2734 2730 770 2720 \/ ^iantu Ascacrnr.C'aw�nfnubu Ue Asses 2731 2724 2729 2720 885 875 790 �., q wJ DISCLAIMER:This Information was compiled (sing the Dubuque Area Geographic Informatl on System DAGIS',u b ch Incl d_data c_eatsd by both me city of Map Prepared by: Dubuque and Dubuque county. It Is understood mat,while th cityofDobogoeandpa-ticipatingags,dzsatulzedme City of Dubuque most wr',tand amurate Information available,DAGIs and 1 inch = 150 feet Engineering Division Its suppliers do not warrant the accuracy of c iii e y of the Info bt—of data contained herein.The city and pa_ticlpating 50 West 13th Street agency shall not be held liable foi-any dli-ect,Indhect,Incidental, Dubuque,Iowa 52001 mnsmgnential,punitive,oi-special damages,whether fore�reeable or �n seeable,a�ISing opt of me aomo�Ised o�onaomo�Ised e of 100 50 0 100 200 Feet Phone:(563)589-4270 this data o�me Inabwro to o�this data o�oot of any beach of wa—ty whatsoever S Fax:(563)589-4205 ► ►II►II I I I I I I I II I III►I II I I I I I III IIS ► ��► ►{►�► ►I II III I I III I I I I IIII I IIII IIII Doc ID: 008328870005 Type: GEN Kind: EASEMENT Recorded: 10/09/2015 at 03:36:28 PM Fee Amt: $27.00 Pape 1 of 5 Dubuque County Iowa John Murphy Recorder F11e2015-00013 1 14 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 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, Stan L. Simon and Charalin C. Simon 2810 Wildwood Court Dubuque, Iowa 52001 of Dubuque County, State of Iowa, 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 1 of S. Simon Place, 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 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 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 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 storm sewer thereon or therein. Said easement shall be binding on all subsequent property owners, their successors, heirs and assigns. Dated at DIA &I)-0 rr , Iowa this (L day of IC-r1/3.6e,, 2015. L. Stan L. Simon A,e1,;L_ C Charalin,£ . Simon NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this I GI41 day of A.D., 2015 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Stan S. Simon and Charilin C. Simon 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. otary Public In and For Said State SARA WALDRON Commission Number 732774 Commission Expires 7Y1Acen� 'S Zt 1 Reserved for Recorder Dubuque AH -America City t 2007 CITY OF DUBUQUE ENGINEERING DEPARTMENT CITY HALL, 50 WEST 13th STREET DUBUQUE, IA 52001-4864 PHONE (563) 589-4270 FAX (563) 589-4205 Drawn By: RNK Approved By: RNK Date: 09-010-2015 PART OF LOT 1 S. SIMON PLACE, CITY OF DUBUQUE, IOWA DWG Location: F:\NKieffer\CAD Drawings Simon Storm Sewer Easement \limon storm sewer ease.dwg C.I.P. Number: ISheet Number: 1 of 1 ti CV 0) co O 0_ 0 CV 10 a) CT 0 (1) m 0) a) O 10 0) a) a) .t..r (13 z c0 0)) 0 0) NORTH 0 25' 50' SCALE 1" = 50' FEET LEGEND 100' LOT 16 RICHARD'S SUB. a). co M rn0 N M z LOT 15 o RICHARD'S SUB. o N ® FOUND IRON ROD/PIPE AS SHOWN O SET 5/8" REBAR WITH YELLOW PLASTIC CAP # 18128 R.O.W. RIGHT OF WAY (100.00') RECORD DIMENSION LINE BREAK ADJACENT PROPERTY LINE RIGHT OF WAY LINE — — — — PROPOSED EASEMENT LINE LOT 14 RICHARD'S SUB. LOT 5 BLK. 11 SUNRISE HEIGHTS (114.69') S87° 02' 57"E 114.61' EXISTING STORM SEWER MANHOLE EXHIBIT A STORM SEWER EASEMENT ACROSS PART OF LOT 1 S. SIMON PLACE, CITY OF DUBUQUE, IOWA „%OO7O T\ O LOT 8 BLK. 14 SUNRISE HEIGHTS (183.25') S89° 11' 19"E 183.41' LOT 7 BLK. 14 SUNRISE HEIGHTS, ><j (32.45') S29° 14' 39"E 32.26' ° 1`D 1 14.31' 63„ (15.45') ✓ S26° 48' 46"E 15.5qj s CENTERLINE OF '0.I\i v EXISTING STORM ° l�Dc Qj SEWER PIPE s `' CENTERLINE OF EXISTING STORM SEWER PIPE EXISTING STORM SEWER MANHOLE AND GRATE LOT 1-18 BLK. 15 SUNRISE HEIGHTS LOT 1 S. SIMON PLACE EXISTING STORM SEWER MANHOLE LOT 13 RICHARD'S SUB I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa. 74/74e74-)" oy �a-zoos Russell N. Kieffer Iowa Lic. No. 18128 Date My license renewal date is December 31, 2016 Pages or sheets covered by this seal: PAGE 1 ONLY LOT 18 BLK. 16 SUNRISE HEIGHTS LOT 15 BLK. 16 SUNRISE HEIGHTS NOTE: THIS SURVEY IS LOCATED IN THE NW 1/4 SECTION 4, T89N, R2E (DUBUQUE TOWNSHIP) OF THE 5TH P.M. IN THE CITY OF DUBUQUE, DUBUQUE COUNTY IOWA FOR THE PURPOSE OF THIS SURVEY THE WEST LINE OF LOT 1 S. SIMON PLACE IS ASSUMED TO BEAR NORTH 08 DEGREES 37 MINUTES 26 SECONDS WEST NOTES: L=14.39' R=502.46' CH. BR. S26° 5Z 42"E CH, 14.39' EXISTING STORM SEWER MANHOLE 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2. PROPRIETOR OF ABOVE DESCRIBED LOT: STAN & CHARALIN SIMON 3. SURVEY REQUESTED BY: CITY OF DUBUQUE, 50 W. 13TH ST. DUBUQUE, IOWA 5. THIS EASEMENT PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. 6. DATE OF SURVEY: 09-09-2015 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13`h Street, Dubuque, IA 52001 (563) 589-4270 Return to: Kevin Firnstahl City Clerk, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 337-15 ACCEPTING A GRANT OF PERMANENT EASEMENT FOR STORM SEWER THROUGH, OVER AND ACROSS PART OF LOT 1 OF S. SIMON PLACE, IN THE CITY OF DUBUQUE, IOWA Whereas, Stan L. and Charalin C. Simon have executed a Permanent Easement for Storm Sewer through, over and across Part of Lot 1 of S. Simon Place, 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 Storm Sewer through, over and across Part of Lot 1 of S. Simon Place, in the City of Dubuque, Dubuque County, Iowa from Stan L. and Charalin C. Simon, 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. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 5th day of October, 201 Attest: Kevi S. Firnstahl, CMC,Gtty Clerk Roy D. Buol, Mayor CERTIFICATE of the 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. 337-15 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 6th day of October, 2015. 1 /ice/.%f Ke n S. Firnstahl, C C, City Clerk