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
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PART OF LOT 1S.SIMON PLACE, LOT 1 S. SIMON PLACE, CITY OF DUBUQUE, IOWA
® CITY OF DUBUQUE,IOWA
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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'
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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
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_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
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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
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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
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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:
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(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