Accepting Sanitary Sewer Access Easement - Timber-Hyrst Estates Copyright 2014
City of Dubuque Consent Items # 10.
ITEM TITLE: Accepting Sanitary Sewer Access Easement - Timber-Hyrst Estates
SUMMARY: City Manager recommending acceptance of the Grant of Sanitary Sewer
Access Easement from North Cascade Road Developers, LLC in Timber-
Hyrst Estates No. 4. Subdivision
RESOLUTION Accepting a Grant of Sanitary Sewer Access Easement
through, over and across part of Lot G and Lot 38 of Timber-Hyrst Estates
No. 4 Subdivision, in the City of Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ Acceptance of Sanitary Sewer Access Easement City Manager Memo
❑ Staff Memo Staff Memo
❑ Resolution Resolutions
❑ Grant of Easement 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 Sanitary Sewer Access Easement from North Cascade
Road Developers LLC over Property in Timber-Hyrst Estates No. 4
Subdivision in Dubuque
DATE: October 26, 2015
After acceptance of the recently constructed improvements in Timber-Hyrst Estates
Phase 4, the City will own and maintain a sanitary sewer running across the subject
property. A sanitary sewer easement was platted through the property on the
subdivision plat but said easement does not provide sufficient access from Creekwood
Drive in order to maintain the utility. The City has worked with the property owner on an
access easement location that will allow access from the public road to the utility. The
City will use the access easement to facilitate the on-going maintenance of the utility.
City Engineer Gus Psihoyos recommends City Council acceptance of the Grant of
Sanitary Sewer Access Easement from North Cascade Road Developers LLC.
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 Y�, 50 W. 13`h Street
AA-AmedeaChy Dubuque,IA 52001
DUB E / Office(563) 70
o Fax(563)589-42059-4205
TDD(563)556-9948
Masterpiece on the Mississippi zoo;•2012.2013 engineer@cityofdubuque.org
www.cityofdubuque.org
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer A(�)
SUBJECT: Acceptance of a Sanitary Sewer Access Easement from North Cascade Road
Developers LLC over property in Timber-Hyrst Estates No. 4 Subdivision in Dubuque
DATE: October 20, 2015
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a sanitary sewer access easement across
Part of Lot G and Lot 38 of Timber-Hyrst Estates No. 4 Subdivision, in the City of Dubuque.
DISCUSSION
After acceptance of the recently constructed improvements in Timber-Hyrst Estates Phase 4, the City
will own and maintain a sanitary sewer running across the subject property. A sanitary sewer
easement was platted thru the property on the subdivision plat but said easement does not provide
sufficient access from Creekwood Drive in order to maintain the utility. The City has worked with the
property owner on an access easement location that will allow access from the public road to the utility.
The City will use the access easement to facilitate the on-going maintenance of the utility. The property
owner, North Cascade Road Developers LLC, has executed the Grant of Easement document attached
to this memo.
RECOMMENDATION
I recommend accepting the Grant of Sanitary Sewer Access Easement through, over and across Part
of Lot G and Lot 38 of Timber-Hyrst Estates No. 4 Subdivision, as shown on the exhibits attached to the
Grant of Easement.
ACTION TO BE TAKEN
I respectfully request acceptance of the Grant of Sanitary Sewer Access Easement from North
Cascade Road Developers LLC 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. 13`h Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 374-15
ACCEPTING A GRANT OF SANITARY SEWER ACCESS EASEMENT THROUGH,
OVER AND ACROSS PART OF LOT G AND LOT 38 OF TIMBER-HYRST ESTATES
NO. 4 SUBDIVISION, IN THE CITY OF DUBUQUE, IOWA
Whereas, North Cascade Road Developers LLC has executed a Sanitary Sewer
Access Easement through, over and across Part of Lot G and Lot 38 of Timber-Hyrst
Estates No. 4 Subdivision, in the City of Dubuque, Dubuque County, Iowa. Said
easement has been filed and recorded in the Dubuque County Recorder's Office as File
Number 2015-00013514.
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 Sanitary Sewer Access Easement through, over
and across Part of Lot G and Lot 38 of Timber-Hyrst Estates No. 4 Subdivision, in the
City of Dubuque, Dubuque County, Iowa from North Cascade Road Developers LLC, 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 2nd day of November, 201,5
Attest:
Kevin S! Firnstahl, CMCJ ity Clerk
Roy D. Buol, Mayor
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Doc ID: 008341730007 Type: GEN
Kind: RESOLUTION
Recorded: 11/04/2015 at 11:56:24 AM
Fee Amt: $37.00 Page 1 of 7
Dubuque County Iowa
John Murphy Recorder
Fi1e2415--00014203
RECORDER'S COVER SHEET
RESOLUTION
ACCEPTING A GRANT OF SANITARY SEWER ACCESS EASEMENT
Preparer Information:
Russel N. Keiffer, City of Dubuque, 50 W. 13th St., Dubuque, IA 52001 (563) 589-4270
Taxpayer Information:
North Cascade Road Developers, LLC, c/o Marty McNamer, 1800 Manson Road,
Dubuque, IA 52001
Return Document To:
Kevin Firnstahl, City of Dubuque City Clerk, 50 West 13th Street, Dubuque, IA 52001
Legal Description:
Part of Log G and Lot 38 of Timber-Hyrst Estates NO. 4 Subdivision, in the City of
Dubuque, Iowa
Grantors: Grantees:
North Cascade Road Developers, LLC The City of Dubuque, Iowa
Attachments:
Certified Resolution No. 374-15
Previously recorded documents:
Grant of Sanitary Sewer Access Easement
Instrument No. 2015-00013514
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. 374-15
ACCEPTING A GRANT OF SANITARY SEWER ACCESS EASEMENT THROUGH,
OVER AND ACROSS PART OF LOT G AND LOT 38 OF TIMBER-HYRST ESTATES
NO. 4 SUBDIVISION, IN THE CITY OF DUBUQUE, IOWA
Whereas, North Cascade Road Developers LLC has executed a Sanitary Sewer
Access Easement through, over and across Part of Lot G and Lot 38 of Timber-Hyrst
Estates No. 4 Subdivision, in the City of Dubuque, Dubuque County, Iowa. Said
easement has been filed and recorded in the Dubuque County Recorder's Office as File
Number 2015-00013514.
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 Sanitary Sewer Access Easement through, over
and across Part of Lot G and Lot 38 of Timber-Hyrst Estates No. 4 Subdivision, in the
City of Dubuque, Dubuque County, Iowa from North Cascade Road Developers LLC, 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 2nd day of November, 201
Attest:
Kevin Firnstahl, M>u� ity 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. 374-15 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 3rd day of November, 2015.
Kevii4 S. Firnstahl, cC, City Clerk
1I �► i.�IIIIIIIII I� qptlllDoo ID: x•:334
Kind EASEMENT: -_Type GEN
Recorded: 10/20/2015 at 12:04:19
Fee Amt: $22.00 Pape 1 of 4
Dubuque County Iowa
John Murphy Recorder
PM
FIIe2015-00013514
Prepared by: Nate Kieffer, ALS, City of Dubuque, 50W. 13 h Street Dubuque, IA 52001 (563) 589.4270
Return to: Nate Kieffer, PLS, City of Dubuque, 50W. 13th Street, Dubuque, IA 52001 (563) 589-4270
GRANT OF SANITARY SEWER ACCESS EASEMENT
For and in consideration of One Dollar ($1.00) and other good and valuable
consideration, the receipt whereof is hereby acknowledged,
North Cascade Road Developers, LLC
1800 Manson Road
Dubuque, Iowa 52003
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 G and Lot 38 of Timber-Hyrst Estates No. 4 Subdivision, 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 purposes of
accessing the existing sanitary sewer utility located on said Lot 38 and
construction of an improved roadway, along with the right, privilege and
authority to reconstruct, maintain, operate, repair, patrol and remove said
improvements.
Following any construction, maintenance or repair of the existing
sanitary 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.
CicP
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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 roadway.
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 the existing
sanitary sewer via the roadway thereon or therein. Said easement shall be
binding on all subsequent property owners, their successors, heirs and assigns.
Dated at V )' ` ' ., low
this day of C � , 2015.
artin J. McNamer, Treasurer and Secretary
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this Z 0 day of Col -6a t -R_ , A.D., 2015 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared Martin
J. McNamer 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.
LYNN M. SCHLUErER
Notarial Seal - IOWA
Commission Number - 744354/
My Commission Expires /a-- //"/S
otary Public In and For Said State
EXHIBIT A
UTILITY ACCESS EASEMENT ACROSS PART OF
LOT G AND LOT 38 OF TIMBER-HYRST ESTATES NO.4 IN THE CITY OF DUBUQUE
EXIS 100' IDE
TRANSMISSION LINE
EASEMENT PER DEED
LANDS BOOK 61 PG. 454
LOT; G
EXIST. 25' WIDE
ACCESS & WATER
EASEMENT BENEFITTING
LOT 38 PER DOC. 2014-11005
LOT 2-2 OHMERT
NW CORNER LOT 38 FARM
TIMBER-HYRST EAST. NO. 4
I O0
N .
rD 0)
0
N88° 52' 41"Ei -
131.46' i
I—
N88° 52' 41"E
131.44'
OINT OF
BEGINNING
PROPOSED
EASEMENT
-EXIST. 10'
P.U.E. PER
DOC. 2014.11005.
r,
LOT
POINT OF
COMMENCEMENT
_N88° 52' 41"E I'''.
43.72' N s �\a
,�
\ 1I Sy ted''
NORTH
0 20' 40' 80'
SCALE 1" = 40' FEET
NOTE:
1. EASEMENT LIES IN NE Y4
AND NW Y4 SECTION 3 T88N R2E
OF THE 5TH P.M.
-PROPOSED 25' WIDE SANITARY
SEWER ACCESS EASEMENT
G
•/ , XIST. 20' WIDE
SANITARY SEWER
OINT OF
TERMINATION
PROPOSED
EASEMENT
EASEMENT PER
DOC.2014-11005
i
LEGEND
(100.00') RECORDED DIMENSION
CENTERLINE
EASEMENT LINE
PROPERTY LINE
XIST. STORM
SEWER
IST. ROAD-
WAY CULVERTS
LOT 39
Dubuque
batel
All -America CI
II
2007
CITY OF DUBUQUE
ENGINEERING DEPARTMENT
CITY HALL. 50 WEST 13th STREET
DUBUQUE, IA 52001-4854
PHONE (683) 5894270 FAX (683) 589-4206
By.
eE By RNK ID's: 062&201
LOT G AND LOT 38 TIMBER-HYRST EST. NO.4
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UTILITY ACCESS EASEMENT LEGAL DESCRIPTION
A STRIP OF LAND 25 FEET IN WIDTH, LYING 12.5 FEET ON EITHER SIDE OF THE CENTER LINE DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 38 IN TIMBER-HYRST ESTATES NO. 4 SUBDIVISION
IN THE CITY OF DUBUQUE, IOWA; THENCE SOUTH 01 DEGREES 05 MINUTES 20 SECONDS WEST ALONG
THE WESTERLY LINE OF SAID LOT 38 A DISTANCE OF 129.00 FEET; THENCE SOUTH 88 DEGREES 52
MINUTES 41 SECONDS WEST A DISTANCE OF 131.44 FEET TO THE POINT OF BEGINNING OF SAID
EASEMENT; THENCE NORTH 88 DEGREES 52 MINUTES 41 SECONDS EAST A DISTANCE OF 131.44 FEET;
THENCE CONTINUING NORTH 88 DEGREES 52 MINUTES 41 SECONDS EAST A DISTANCE OF 43.72 FEET;
THENCE SOUTH 39 DEGREES 18 MINUTES 08 SECONDS EAST A DISTANCE OF 59.20 FEET; THENCE SOUTH
32 DEGREES 34 MINUTES 19 SECONDS EAST A DISTANCE OF 46.62 FEET; THENCE SOUTH 19 DEGREES 51
MINUTES 58 SECONDS EASTA DISTANCE OF 67.86 FEET; THENCE SOUTH 71 DEGREES 14 MINUTES 19
SECONDS EAST A DISTANCE OF 31.09 FEET; THENCE NORTH 79 DEGREES' 01 MINUTES 45 SECONDS EAST
A DISTANCE OF 35.56 FEET TO THE NORTHERLY LINE OF A 20 FOOT WIDE SANITARY SEWER EASEMENT
PLATTED THRU LOT 38 AS SHOWN ON DOCUMENT NO. 2014-11005 IN THE OFFICE OF THE RECORDER
OF DUBUQUE COUNTY AND THE POINT OF TERMINATION.