Acceptance of Grant of Permanent Easement for Storm Sewer at 2595 Fulton St._Leach_Corrected Copyright 2014
City of Dubuque Consent Items # 17.
ITEM TITLE: Acceptance of a Permanent Easement for Storm Sewer at 2595 Fulton
Street
SUMMARY: City Manager recommending rescission of Resolution No. 318-15 and
approval of a new resolution correcting the legal description and property
owner information in connection with the acceptance of a permanent
easement for storm sewer across a portion of residential property at 2595
Fulton Street from Andrea and Joel Leach.
RESOLUTION Rescinding Resolution 318-15 and accepting a Grant of
Permanent Easement for storm sewer through, over and across part of Lot
27 in Highland Addition, in the City of Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ Acceptance of Permanent Easement for Storm Sewer from Leach-MVM City Manager Memo
Memo
❑ Staff Memo Staff Memo
❑ Resolution Resolutions
❑ Grant of Easement for Storm Sewer Supporting Documentation
❑ 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 a Permanent Easement for Storm Sewer from Andrea and
Joel Leach over Property at 2595 Fulton Street in Dubuque
DATE: September 28, 2015
City Engineer Gus Psihoyos recommends City Council rescission of Resolution No.
318-15 and approval of a new resolution correcting the legal description and property
owner information in connection with the acceptance of a permanent easement for
storm sewer across a portion of residential property at 2595 Fulton Street from Andrea
and Joel Leach.
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
DUB
NI•AmedcaCitY Dubuque,to 52001
E , ( Office(563)9-420570
I � 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
f
SUBJECT: Acceptance of a Permanent Easement for Storm Sewer from Andrea and Joel Leach
over property at 2595 Fulton Street in Dubuque
DATE: September 24, 2015
INTRODUCTION
The enclosed resolution is to correct the legal description and property owner information in connection
with the acceptance of a permanent easement for storm sewer across Part of Lot 27 in Highland
Addition, in the City of Dubuque.
DISCUSSION
Plans for the upcoming SRF Green Alley Project include some minor storm sewer improvements along
the alley off of Monroe (alley southwest of Fulton Street) over a portion of the residential property at
2595 Fulton Street. The property is described at Lot 27 in Highland Addition, and is owned by Andrea
and Joel Leach. The City has negotiated with the owner for an easement to facilitate the construction
and on-going maintenance of the utility. The City of Dubuque will own and maintain the new storm
sewer utility.
Resolution No. 318-15, dated September 21, 2015, provided for the acceptance of a Grant of
Easement for Storm Sewer through, over and across Lot 2 of Lot 2 of Lot 2 of the W '/2 of the NW % of
Section 27; and Lot 2 of Lot 1 of Lot 2 of the NE 1/ of the NE '/4 of Section 28, all in Township 89 North,
Range 2 East of the 5t" P.M., in the City of Dubuque, Dubuque County, Iowa from Halle Properties LLC.
However, it has been determined that the legal description and property owner information were
incorrect. Thus, the acceptance resolution needs to be amended.
RECOMMENDATION
I recommend that Resolution No. 318-15, dated September 21, 2015, be rescinded and that a new
resolution be adopted with the correct legal description and owner information.
I recommend accepting the Grant of Permanent Easement for Storm Sewer through, over and across
Part of Lot 27 in Highland Addition, as shown on the exhibit attached to the Grant of Easement.
ACTION TO BE TAKEN
It is recommended that the attached resolution be adopted that includes the correct legal description
and property owner information.
I respectfully request accepting the Grant of Permanent Easement for Storm Sewer from Andrea and
Joel Leach.
Prepared by Nate Kieffer, PLS
cc: John Klosterman, Public Works Supervisor
Don Vogt, Public Works Manager
Jon Dienst, Civil Engineer II
2
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 339-15
RESOLUTION RESCINDING RESOLUTION 318-15 AND ACCEPTING A GRANT OF
PERMANENT EASEMENT FOR STORM SEWER THROUGH, OVER AND ACROSS
PART OF LOT 27 IN HIGHLAND ADDITION, IN THE CITY OF DUBUQUE, IOWA
Whereas, Joel R. Leach and Andrea Leach have executed a Permanent
Easement for Storm Sewer through, over and across Part of Lot 27 Highland Addition, in
the City of Dubuque, Dubuque County, Iowa; and
WHEREAS, the City Council passed Resolution 318-15, dated September 21,
2015, approving the acceptance of a Grant of Easement for Storm Sewer through, over
and across Lot 2 of Lot 2 of Lot 2 of the W 1/2 of the NW % of Section 27; and Lot 2 of Lot
1 of Lot 2 of the NE % of the NE % of Section 28, all in Township 89 North, Range 2
East of the 5th P.M., in the City of Dubuque, Dubuque County, Iowa from Halle
Properties LLC; and
WHEREAS, the Legal Description and Property Owner information in Resolution
318-15 were incorrect and Resolution 318-15 should be rescinded.
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 27 Highland Addition, in the City of Dubuque, Dubuque
County, Iowa from Joel R. Leach and Andrea Leach, a copy of which is attached hereto.
Section 2. Resolution 318-15 is hereby rescinded.
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, 205.
Attest:
l#:.ArM"
Kevi S. Firnstahl, City C -r
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 Thousand Three Hundred Forty
Dollars and 00/100s ($1,340.00) and other good and valuable consideration, the
receipt whereof is hereby acknowledged,
Joel R. Leach and Andrea Leach
2593 Fulton St.
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 27 in Highland Addition, 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 � , Iowa this day of Ape,- , 2015.
Jo l R. Leach
dRO-
Andrea Leach
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this 1 day of , A.D., 2015 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared Joel R.
Leach and Andrea Leach 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 sages as their vol ntary act and deed.
ERIC B. STIEBMAN
Commission Number 177922
fy. Comm. Exp ......�®
n and For Said State
PREPARED BY:Dan Hingtgen,L.S.14052 VVIM&Co. 1701 Route 35 North East Dubuque, IL 61025 Tel.(815)747-8833
EXHIBIT A PROPERTY OWNER:
Joel R. and Andrea Leach
for SURVEY REQUESTED BY:
A PERMANENT UTILITY EASEMENT LOCATED IN LOT 27 OF HIGHLAND ADDITION CITY OF DUBUQUE
OF THE CITY OF DUBUQUE, IOWA FIELD SURVEY CONDUCTED ON:
8/06/15
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49 F� ,5,91 SUBIDIVISION Hot 2 of Lot 1
ADD.
N'S
REBMA � 2g98_ - -FC7LT0N PLA
J `ryol 61
?RJ �&8-°' N 57036'06" W NORTH
P.O.B. 6.59'
y25 `� S 37°07'21" W rsoJ 2 SCALE 1" = 40'
jai' �s oI_I--`�
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o. S 80059'22" W
J 26 24.60' r— i 10.0' ��s> 7A��q LEGEND
L_----- q
FOUND
OD 10.0' ® CORNER
(s Called Ouon Plat)
REMENT
27 L°Ol (15.0) PREVIOUSLY IOUSLYRECORDED
28 I PERMANENT UTIUTY
L -i EASEMENT
29
o^o"ea� `1 rsoJ T�p�
Lots 13A and 14A are
recorded in Document
9739-96 at the Dubuque
EASEMENT DESCRIPTION county Recorder's Office.
A 10.00 FOOT WIDE PERMANENT UTILITY EASEMENT LOCATED IN LOT 27 OF
HIGHLAND ADDITION OF THE CITY OF DUBUQUE, IOWA, LYING 5 FEET ON EACH
SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: AREA BREAKDOWN
Commencing at the Westerly corner of Lot 14A of said Highland Addition; PERMANENT EASEMENT
N 57'36'06" W 6.59 feet along the Northeasterly Line of said Lot 27 to 554 square Feet
the center of a 6" drain tile and the Point of Beginning; thence S 37'074'21" W
30.81 feet along the center of said drain tile; thence S 80'59'22" W 24.60
feet along the center of said drain tile and there terminating. Said termination
point being 5 feet beyond drain tile outlet.
,��.rrrrrrrr�•• ,, I hereby certify that this land surveying document was EXHIBIT A
prepared
orpeunder my ddirect related perso al supervisiwork was on andmed by
that I Drown by. DJY Project No.:7M00
:: �.•""'•. '.� am a duly licensed Land Surveyor under the laws of the Drawing Date: 811971ys
State of Iowa.
•••,^�- Drawing Name: M 1795500- Crean Allele Eaaemeat 1
Q: DANIEL J.
•
HI
NGTGEN : m
14052 < =
� ••, �� Dan Hingtgen, Land Surveyor Date
e e
�'. f•'•e...••'• tT •`� License number: 14052
whks
/Owp, ��`` My registration renewal date is December 31, 2016 engineers+planners+land surveyors
Pages or sheets covered by this seal: SHEET 1 of 1
rauuNm11111w11111mipm11111iu11111ai11uium
Doc ID 008328860006 Type: GEN
Kind: EASEMENT
Recorded: 10/09/2015 at 03:36:09 PM
Fee Amt: $32.00 Page 1 of 6
Dubuque County Iowa
John Murphy Recorder
Fi1e2015-00013113
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. 13`" Street, Dubuque, IA 52001 (563) 589-4270
GRANT OF EASEMENT FOR STORM SEWER
For and in consideration of the sum of One Thousand Three Hundred Forty
Dollars and 00/100s ($1,340.00) and other good and valuable consideration, the
receipt whereof is hereby acknowledged,
Joel R. Leach and Andrea Leach
2593 Fulton St.
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 27 in Highland Addition, 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 ' / , Iowa this day of , 2015.
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this 1 day of. , A.D., 2015 before me, the undersigned,
a Notary Public in and for said .unty, in said State, personally appeared Joel R.
Leach and Andrea Leach 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 s.i" - as their vol ntary act and deed.
ERIC B. STIERMAN
Commission Number 177922
1y Comm. Exp" -i
otary Public n and For Said State
PREPARED BY: Dan Hingtgen, L.S. 14052
WHKS & Co. 1701 Route 35 North East Dubuque, IL 61025 Tel. (815) 747-8833
EXHIBIT A
for
A PERMANENT UTILITY EASEMENT LOCATED IN LOT 27 OF HIGHLAND ADDITION
OF THE CITY OF DUBUQUE, IOWA
PROPERTY OWNER:
Joel R. and Andrea Leach
SURVEY REQUESTED BY:
CITY OF DUBUQUE
FIELD SURVEY CONDUCTED ON:
8/06/15
A9
cz-3-
o,`7-
36
49
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1
iP
Lot 2 of Lot 12
HIGHLAND ADD.
9JL
ON FDLA
;1
67
N 57°36'06" W
6.59'
2
25
S 37°07'21" W
30.81'
0 S 80°59'22" W
26 24.60'
0�1
„ol
10.0'
10.o'
27,i
28
O4,
EASEMENT DESCRIPTION
A 10.00 FOOT WIDE PERMANENT UTILITY EASEMENT LOCATED IN LOT 27 OF
HIGHLAND ADDITION OF THE CITY OF DUBUQUE, IOWA, LYING 5 FEET ON EACH
SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
29
Commencing at the Westerly corner of Lot 14A of said Highland Addition;
thence N 57'36'06” W 6.59 feet along the Northeasterly Line of said Lot 27 to
the center of a 6" drain tile and the Point of Beginning; thence S 37'074'21" W
30.81 feet along the center of said drain tile; thence S 80°59'22" W 24.60
feet along the center of said drain tile and there terminating. Said termination
point being 5 feet beyond drain tile outlet.
SCALE 1" = 40'
0 10' 20' 40'
LEGEND
O FOUND CORNER
(as Called Out on Plat)
15.0'
(15.0) PREVIOUSLY RECORDED
1 PERMANENT UTILITY
L -_—J EASEMENT
FIELD MEASUREMENT
Lots 13A and 14A are
recorded in Document
9739-96 at the Dubuque
County Recorder's Office.
AREA BREAKDOWN
PERMANENT EASEMENT
554 Square Feet
s,,v_NGR.,cC 4%.
•
e
W. DANIEL J. :`�
.z: HINGTGEN :m_
14052 :o;
'i., IOWA ,,�s'
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 low
'rq�l
rr/i s
Dan Hingtgen L�' d Surveyor fffff Date
License nu ber: 14052
My registration renewal date is December 31, 2016
Pages or sheets covered by this seal• 1 00/414
EXHIBIT A
Drawn by. DJH Project No.: 7955.00
Drawing Date: 8/07/15
Drawing Name: K.: \7955.00 — Green A//eys\Easement\
Green A//eys. dwg
engineers + planners + land surveyors
SHEET 1 of 1
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 339-15
RESOLUTION RESCINDING RESOLUTION 318-15 AND ACCEPTING A GRANT OF
PERMANENT EASEMENT FOR STORM SEWER THROUGH, OVER AND ACROSS
PART OF LOT 27 IN HIGHLAND ADDITION, IN THE CITY OF DUBUQUE, IOWA
Whereas, Joel R. Leach and Andrea Leach have executed a Permanent
Easement for Storm Sewer through, over and across Part of Lot 27 Highland Addition, in
the City of Dubuque, Dubuque County, Iowa; and
WHEREAS, the City Council passed Resolution 318-15, dated September 21,
2015, approving the acceptance of a Grant of Easement for Storm Sewer through, over
and across Lot 2 of Lot 2 of Lot 2 of the W % of the NW 1/4 of Section 27; and Lot 2 of Lot
1 of Lot 2 of the NE % of the NE % of Section 28, all in Township 89 North, Range 2
East of the 5th P.M., in the City of Dubuque, Dubuque County, Iowa from Halle
Properties LLC; and
WHEREAS, the Legal Description and Property Owner information in Resolution
318-15 were incorrect and Resolution 318-15 should be rescinded.
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 27 Highland Addition, in the City of Dubuque, Dubuque
County, Iowa from Joel R. Leach and Andrea Leach, a copy of which is attached hereto.
Section 2. Resolution 318-15 is hereby rescinded.
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, 20 5.
Kit, dit 4.."
Roy D. Buol, Mayor
Attest:
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. 339-15 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.
441117_-
Kevi
S. Firnstahl, CMC, City Clerk