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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 hili►iihil�►iii►iii/►iliihilihili►iii/hiliIIIIIhili►►iii►ilii►���i� ilii 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 E , n,,,r C� 9a 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 0 orc a�1°4Kawhaw I114iX*g i Bhed9umber. d 2 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.