Accepting the Permanent Easement for Sanitary Sewer_Miners Lane/Arensdorf Copyright 2014
City of Dubuque Consent Items # 5.
ITEM TITLE: Accepting the Permanent Easement for Sanitary Sewer at
11885 Miners Lane
SUMMARY: City Manager recommending acceptance of a permanent
easement for sanitary sewer from Jeffrey, Sandra and
Howard Arensdorf over property at 11885 Miners Lane in
Dubuque County.
RESOLUTION Accepting a Grant of Permanent Easement
for Sanitary Sewer through, over and across part of Lot 2-2
Ohmert Farms in the County of Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Acceptance of Sanitary Sewer Easement from City Manager Memo
Arensdorf-MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Grant of Easement 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 Sanitary Sewer from Jeffrey,
Sandra L. and Howard W. Arensdorf over Property at 11885 Miners Lane
in Dubuque County
DATE: December 28, 2015
City Engineer Gus Psihoyos recommends City Council acceptance of a permanent
easement for sanitary sewer from Jeffrey, Sandra and Howard Arensdorf over property
at 11885 Miners Lane in Dubuque County. The City currently owns and maintains a
sanitary sewer interceptor running across this property and plans to construct two
sanitary sewer main extensions to serve existing and future developments, including
Timber-Hyrst Estates, to the west of the subject property.
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 MI ��M Dubuque,I) 52001
9-4
i Office(563)589-4270
' r Fax(563)589-4205
TDD(563)556-9948
Masterpiece on the Mississippi 200^.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 Sanitary Sewer from Jeffrey, Sandra L. and
Howard W. Arensdorf over property at 11885 Miners Lane in Dubuque County
DATE: December 28, 2015
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a permanent easement for sanitary sewer
across Part of Lot 2-2 Ohmert Farms in the County of Dubuque.
DISCUSSION
The City owns and maintains a sanitary sewer interceptor running across the subject property. This
sanitary sewer main runs along the South Fork of Catfish Creek. The City is proposing to construct two
sanitary sewer main extensions from the South Fork interceptor across the Property as shown on the
Grant of Easement Exhibits. These sanitary sewer extensions will serve existing and future
developments, including Timber-Hyrst Estates, to the west of the subject property. As part of the 2006
pre-annexation agreement with North Cascade Road Developers LLC, the city is required to acquire
any easements needed from the abutting property for the extension of the sewer. The property owners,
Jeffrey, Sandra L. and Howard W. Arensdorf, have executed the Grant of Easement document
attached to this memo.
RECOMMENDATION
I recommend accepting the Grant of Permanent Easement for Sanitary Sewer through, over and across
Part of Lot 2-2 Ohmert Farms in the County of Dubuque, 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 Sanitary Sewer from Jeffrey,
Sandra L. and Howard W. Arensdorf via the attached resolution.
Prepared by Nate Kieffer, PLS
cc: John Klosterman, Public Works Supervisor
Don Vogt, Public Works Manager
Denise Ihrig, Environmental Engineer
THE D OE E LOCATION MAP DAGIS ,f
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DISCLAIMER:This Information was compiled
Ising the Dubuque Area GeograpInformatl on System
DAGIs',whld,Indodss data chic_eatsd by both me cI of N Map Prepared by:
Dubuque and Dubuque county. It Is understood mat,while
IT city ofDobogoeand pa-ticipating ager,dzsatulzed me City of Dubuque
most—r',tand amurate Information available,DAGIs and 1 inch = 400 feet Engineering Division
Its suppliers do not warrant the accuracy of o�iT—y of the
Inf—bti n of data contained herein.The city and pa�ticipating 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 fui-ss-bble or
seeable,a�ISing oot of me aomo�Ised o�onaomo�Ised o�of 10tb0 0 100 200 300 400 Feet Phone:(563)589-4270
IT s data or the Inability to usre this data or out of any breach of
wa—ty whatsoever Fax:(563)589-4205
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. 1-16
ACCEPTING A GRANT OF PERMANENT EASEMENT FOR SANITARY SEWER
THROUGH, OVER AND ACROSS PART OF LOT 2-2 OHMERT FARMS IN THE
COUNTY OF DUBUQUE, IOWA
Whereas, Jeffrey, Sandra L. and Howard W. Arensdorf have executed a Permanent
Easement for Sanitary Sewer through, over and across Part of Lot 2-2 Ohmert Farms in
the County of Dubuque, 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 Sanitary Sewer through,
over and across Part of Lot 2-2 Ohmert Farms in the County of Dubuque, Iowa from
Jeffrey, Sandra L. and Howard W. Arensdorf, 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 4th day of January, 2016.
Attest:
Kevin S. irnstahl, CM Coity Clerk
Roy D. Buol, Mayor
Preparedly, Nate Kieffer. C Dub
Return to: Nate Kieffer, City of Dubuque,
11
IIMI
110111
II
III
11111
111011
11
011
Doc ID 008372860006 Type GEN
Kind: EASEMENT
Recorded: 01/07/2016 at 03:06:31 PM
Fee Amt: $32.00 Page 1 of 6
Dubuque County Iowa
John Murphy Recorder
Fue2016-00000299
GRANT OF EASEMENTS FOR SANITARY SEWER UTILITY
For and in consideration of the sum of TEN ($10.00) and other good and
valuable consideration, the receipt whereof is hereby acknowledged,
Jeffrey, Sandra L. and Howard W. Arensdorf
P.O. Box 182
Dubuque, IA 52004-0182
•
•••
of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do
hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, a municipal
corporation, its agents and contractors, from the date hereof, rights of ways and
easements through, under and across the following described real estate
situated in Dubuque, Iowa, to wit:
Part of Lot 2-2 Ohmert Farms In the County of Dubuque, iowa as shown
on Exhibit B and Exhibit C attached hereto and by reference made a part
hereof.
Said easements shall be as shown on the attached Exhibit B & C for the purpose
of constructing and maintaining sanitary sewer 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.
Together with the right to enter upon said property and occupy the temporary
easement area as shown on the attached Exhibit B & C during the period of
construction until the project is accepted by City Council.
.e
It is understood and agreed that the Grantee herein shall restore the disturbed _
area due to the construction, maintenance or repair of said sanitary sewer and C-4
other appurtenances.
Grantor shall not erect any structure over or within the{ sement area without
obtaining the prior written approval of the City Engineer. Grantor shall not
change the grade, elevation, and contour or perform any construction or
excavation that will diminish the lateral support or integrity of said improvements
without obtaining the prior written consent of the City Engineer.
To have and to hold unto the said City of Dubuque, !owe, 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, Ith agents or contractors, shall at all times have free access to and
egress from and over said real estate to maintain or repair said sanitary sewer
thereon or therein.
Dated at Dubuque, Iowa this ZiAi day
STATE OF IOWA,
AE‘3'1:--1°l 2015.
NOTARY PUBLIC
COUNTY OF DUBUQUE, SS:
On this 22nrb day of 1? CE/V , A.D., 2015 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared Jeffrey
Arensdorf, Sandra L. Arensdorf and Howard W. Arensdorf 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.
RUSSELL N KIEFFER-
Commission Number 778626
My Commission Expires
owl- May 24, 2016
n J
Notary Publican and For
Reserved fo
Dubuque
CITY OF DUBUQUE
Ph:563-589-4270
0
CV
LC)
t 13th St. Dubuque
Prepared By: Nate Kieffer 5
All -America City
� r
m
2007
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: $7,47,6
PART OF LOT 2-2 OHMERT FARMS, 2oIC
DUBUQUE COUNTY, IOWA
DWG Location: F:\NKieffer\CAD Drawings\Arensdorf Sanitary Sewer Extension \cogs
calcs arensdorf sanitary sewer ext SOUTH ALIGN 09182015.dwg
C.I.P. Number: Sheet Number: 1 of 1
NORTH
0 75' 150'
SCALE 1" = 150' FEET
300'
LEGEND
•
0
R.O.W.
(100.00')
EXIST. 20' VVIDE
SAN. EASE.
LOT 2-2
OHMERT
FARMS
LOIN! \
RED
CEDAR
ESTAT
NO.
EXHIBIT B
SANITARY SEWER EASEMENT ACROSS PART OF
LOT 2-2 OHMERT FARMS, DUBUQUE COUNTY, IOWA
6'
EXIST. SAN. SEWER
LOT
2-2
OHMERT
FARMS
LOT 3 RED
CEDAR
ESTATES NO. 2
EXIST. 20' WIDE SAN. EASE.
FOUND IRON ROD/PIPE AS SHOWN
EXIST. 50' WIDE DRAINAGE EASE.
SET 5/8" REBAR WITH YELLOW PLASTIC CAP # 18128
RIGHT OF WAY
RECORD DIMENSION
LINE BREAK
ADJACENT PROPERTY LINE
RIGHT OF WAY LINE
PROPOSED EASEMENT LINE
LOT 38
TIMBER—HYRST
ESTATES #4
NOTE:
THIS SURVEY IS LOCATED IN THE
NE 1/4 SECTION 3, T88N, R2E
(TABLE MOUND TOWNSHIP)
OF THE 5TH P.M. IN THE
CITY OF DUBUQUE, DUBUQUE
COUNTY IOWA
FOR THE PURPOSE OF THIS
SURVEY THE NORTH LINE OF LOT
38 OF TIMBER—HYRST EST. #4 IS
ASSUMED TO BEAR SOUTH 88
DEGREES 05 MINUTES 02
SECONDS WEST
LOT H
TIMBER—HYRST
ESTATES #4
NOTES:
1. ALL MEASUREMENTS ARE IN FEET AND
DECIMALS THEREOF.
2. PROPRIETOR OF ABOVE DESCRIBED LOT:
JEFFREY ARENSDORF, HOWARD & SANDRA
ARENSDORF
3. SURVEY REQUESTED BY: CITY OF DUBUQUE,
50 W. 13TH ST, DUBUQUE, IOWA
4. TOTAL AREA OF PERIMETER SURVEYED IS
63,100 SQUARE FEET
5. THIS EASEMENT PLAT IS SUBJECT TO ALL
EASEMENTS OF RECORD AND NOT OF RECORD.
6. DATE OF SURVEY: 02-25-2015
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.
FD. IRON ROD AT NW COR. LOT 1-2
OHMERT FARMS
LOT 1-2
OHMERT
FARMS
a)
N
ti
co
0
LOT 2-2
OHMERT
FARMS
S12° 16' 08"W 136.15'
S17° 02' 43"W 140.18'
S47° 30' 44"W 190.99'
/
/
/
/
100' WIDE TEMPORARY
CONSTRUCTION EASE.
/ S38° 33' 59"W 342.35'
20' WIDE PERMANENT
SANITARY SEWER EASEMENT
(
50' WIDE TEMPORARY
CONSTRUCTION EASEMENT
LOT 2-2
OHMERT
S41° 39' 13"W 127.88' FARMS
S67° 08' 06"W 116.73'
J
7414 77143 z 2'as
Lic. Date
L
Russell N. Kieffer Iowa I . No.18128
My license renewal date is December 31, 2016
Pages or sheets covered by this seal: THIS PAGE ONLY
S24° 44' 30"W 11.06'
S74° 40' 34"W 99.46'
S73° 22' 39"W 80.52'
N89° 16' 56"E 298.14'
EXIST. 20' WIDE
SAN. EASE.
LOT 101
LOT 102
TIMBER—HYRST
ESTATES #4
LOT 24
TIMBER—HYRST
ESTATES #3
Reserved fo
A 52001 Ph:563-589-4270
50 West 13th S
Dubuque
kraal
All -America City
111111
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 1 Approved By: RNK
Date: 12-182015
PART OF LOT 2-2 OHMERT FARMS,
DUBUQUE COUNTY, IOWA
DWG Location: F:\NKieffer\CAD Drawings \Arensdorf Sanitary Sewer Extension \code
calcs arensdorf sanitary sewer ext.dwg
C.I.P. Number:
Sheet Number
NORTH
0 25' 50'
SCALE 1" = 50' FEET
LEGEND
R.O.W.
(100.00')
100'
FOUND IRON ROD/PIPE AS SHOWN
SET 5/8" REBAR WITH YELLOW
PLASTIC CAP # 18128
RIGHT OF WAY
RECORD DIMENSION
LINE BREAK
ADJACENT PROPERTY LINE
RIGHT OF WAY LINE
PROPOSED EASEMENT LINE
N40° 57' 37"E 13.66'
EXIST. 20' WIDE
SAN. EASE.
LOT 2-2
OHMERT FARMS
N88° 01' 30"E 370.66'
EXHIBIT C
SANITARY SEWER EASEMENT ACROSS PART OF
LOT 2-2 OHMERT FARMS, DUBUQUE COUNTY, IOWA
50' WIDE TEMPORARY
CONSTRUCTION EASEMENT
S88/05' 02"W 174.70'
LOT 38 TIMBER—HYRST
EXIST. 5
ESTATES #4
DE DRAINAGE EASE.
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.
7/1 • J�
/2-16-2015
Russell N. Kieffer Iowa Lic. No. 18128 Date
My license renewal date is December 31, 2016
Pages or sheets covered by this seal: TH IS PAGE .., ONLY
uff
FD. IRON ROD AT NW COR. LOT 1-2
OHMERT FARMS
LOT 1-2
OHMERT FARMS
NOTES:
EXIST. 20' WIDE SAN. EASE.
N
EXIST. SAN. SEWER
100' WIDE TEMPORARY
CONSTRUCTION EASEMENT
N
N
LOT 1 RED CEDAR
ESTATES NO. 2
LOT 3
RED
CEDAR
ESTATE
NO. 2
LOT 2-2
OHMERT FARMS
N34° 47' 23"E 12.23'
N42° 50' 04"E 141.08'
N
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
2. PROPRIETOR OF ABOVE DESCRIBED LOT: JEFFREY ARENSDORF, HOWARD &
SANDRA ARENSDORF
3. SURVEY REQUESTED BY: CITY OF DUBUQUE, 50 W. 13TH ST. DUBUQUE, IOWA
4. TOTAL AREA OF PERIMETER SURVEYED IS 27,073 SQUARE FEET
5. THIS EASEMENT PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF
RECORD.
6. DATE OF SURVEY: 02-25-2015
i
/
/
/20' WIDE PERMANENT
SANITARY SEWER EASEMENT
LOT 2-2
OHMERT FARMS
oo,
NOTE:
THIS SURVEY IS LOCATED IN THE
NE 1/4 SECTION 3, T88N, R2E
(TABLE MOUND TOWNSHIP)
OF THE 5TH P.M. IN THE
CITY OF DUBUQUE, DUBUQUE
COUNTY IOWA
FOR THE PURPOSE OF THIS
SURVEY THE NORTH LINE OF LOT
38 IN TIMBER—HYRST EST. # 4 IS
ASSUMED TO BEAR SOUTH 88
DEGREES 05 MINUTES 02
SECONDS WEST
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. 1-16
ACCEPTING A GRANT OF PERMANENT EASEMENT FOR SANITARY SEWER
THROUGH, OVER AND ACROSS PART OF LOT 2-2 OHMERT FARMS IN THE
COUNTY OF DUBUQUE, IOWA
Whereas, Jeffrey, Sandra L. and Howard W. Arensdorf have executed a Permanent
Easement for Sanitary Sewer through, over and across Part of Lot 2-2 ,Ohmert Farms in
the County of Dubuque, 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 Sanitary Sewer through,
over and across Part of Lot 2-2 Ohmert Farms in the County of Dubuque, Iowa from
Jeffrey, Sandra L. and Howard W. Arensdorf, 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 4th day of January, 2016.,
Attest:
Kevin S. Pirnstahl, CMS; City Clerk
Roy D. Buol, Mayor
STATE OF IOWA
CERTIFICATE of tfie CITY CLERK
) 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. 1-16 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 5th day of January, 2016.
Kevin Firnstahl, CMC, City Clerk