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Acceptance of Permanent Easement for Sanitary Sewer - Tyra Lane, Pancratz Copyright 2014 City of Dubuque Consent Items # 11. ITEM TITLE: Acceptance of Permanent Easement for Sanitary Sewer- 10246 Tyra Lane SUMMARY: City Manager acceptance of a permanent easement for sanitary sewer from Mary Kay and Timothy J. Pancratz over property at 12046 Tyra Lane in Dubuque County. RESOLUTION Accepting a Grant of Permanent Easement for sanitary sewer through, over and across part of Lot 1 of Red Cedar Estate No. 2 in the County of Dubuque, Iowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Acceptance of Permanent Easement for Sanitary City Manager Memo Sewer from Pancratz-MVM Memo Staff Memo Staff Memo Resolution Resolutions Grant of Easement 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 Sanitary Sewer from Mary Kay and Timothy J. Pancratz over Property at 12046 Tyra Lane in Dubuque County DATE: January 12, 2016 City Engineer Gus Psihoyos recommends City Council acceptance of a permanent easement for sanitary sewer from Mary Kay and Timothy J. Pancratz over property at 12046 Tyra Lane in Dubuque County. The City currently owns and maintains a sanitary sewer interceptor running across this property and plans to construct a sanitary sewer main extension 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 crrY OF 50 W. 13`h Street AwIcaC" Dubuque,IA 52001 Office(563) 70DLB E Fax(563)589-4205 TDD(563)556-9948 Masterpiece on the Mississippi ,71111,1011 engineerCcityofdubuque.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 Mary Kay and Timothy J. Pancratz over property at 12046 Tyra Lane in Dubuque County DATE: January 11, 2016 INTRODUCTION The purpose of this memorandum is to seek acceptance of a permanent easement for sanitary sewer across Part of Lot 1 of Red Cedar Estates No. 2 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 a sanitary sewer main extension from the South Fork interceptor across the Property as shown on the Grant of Easement Exhibit. This sanitary sewer extension 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 properties for the extension of the sewer. The property owners, Mary Kay and Timothy J. Pancratz, 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 1 of Red Cedar Estates No. 2 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 Mary Kay and Timothy J. Pancratz 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: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 14-16 ACCEPTING A GRANT OF PERMANENT EASEMENT FOR SANITARY SEWER THROUGH, OVER AND ACROSS PART OF LOT 1 OF RED CEDAR ESTATES NO. 2 IN THE COUNTY OF DUBUQUE, IOWA Whereas, Mary Kay and Timothy J. Pancratz have executed a. Permanent Easement for Sanitary Sewer through, over and across Part of Lot 1 of Red Cedar Estates No. 2 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 1 of Red Cedar Estates No. 2 in the County of Dubuque, Iowa from Mary Kay and Timothy J. Pancratz, 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 19th day of January, 2016. tic W. Jon. -, Mayor Pro -Tem Attest: Kevin S. Firnstahl ity Clerk THE Cf1YOF EXHIBIT A DUB E SANITARY SEWER EASEMENT rAGISI..� PL EaQ4F AREA LL�44Anllt InfgEMMIQA LYET[e Masterpiece on the Mississippi 1092 998966 991 971 951 921 964 955 1 ... 3020 977 973 976 965 3080 988 983 986 975 997 1004 12062 F—R95 989 988 985 11250 ® 1005 1,008 ® 995_ 994 995 ® 1015 1001 1000 R ® 1001 r , 1027 1011 1010 ....' _ 1020 1055 11665 12046 41 R 1125 1050 h 12066 a" 1070 t,: 4 1097 1105 1090 zv N 1100, 1100 qt •`" � �. PROPOSED 1135 EASEMENT 1120 nrATION A. t' 1095 1150 r .. ..: I 155 9 1 Legend �. 11885 Layer PARCEL LINES F P-Sanitary Sewer Extension tatus 0 Manhole tatus 11800 Gravity Main F� Requested Property Access Are NAME 1205 Dubuque City LlnlltS �' Dubuqu.eCountyAssessor2 f1"Of Dubuque Assessor DISCLAIMER:This information was compiled using the Dubuque Area Geographic Information System (DAGIS),which indud,s data created by both the City of Map Prepared by Dubuque and Dubuque County. It is understood that,while the City of Dubuque and participating a,,nci,s util¢ed the City Of DtlbugU most current and accurate information available,DAGIS and 1 inch = 300 feet Engineering Divisio its suppliers do not warrant the accuracy or currency of the Information or data contained herein.The City and Participating W 50 West 13th Stree agencies shallnet be held Keble for any direct,Indu-t,incidental, Dubuque,Iowa 5200 consequential,punitive,or special damages,whether foreseeable or unforeseeable,arising out of the eufhoraed or unauthorized use of 10050 0 100 200 300 400 Feet Phone:(563)589-427 this data or the inability to use this data or out of any breach of C warranty whatsoever. S Fax: 63 589-420 Dubuque CITY OF DUBUQUE ENGINEERING DEPARTMENT EXIIBIT CITY HALL, 50 WEST 13th STREET A All•AmericaCity DUBUQUE, IA 52001-4864 t SANITARY SEWER EASEMENT ACROSS PART OF-- - ' PHONE (563)589-4270 FAX (563)589-4205 1 Dra:yo6y: RNK ApprovedESTATES RNK Dare. NO.0.2,12. LOT 1 RED CEDAR EST. NO. 2, DUBUQUE COUNTY, IOWA 2 PART F LOT 1 RED CEDAR m DUBUQUE COUNTY, IOWA ; D4+lG L o Uo F:-NKieff CAD Dra.•Angs.A e.sdorf Sa it ry Sewer E:<tensi,,Mco90 //LOT 3 2007 ;alcsoccre - ext NORTHALI 11122121 d g EXIST 'AICESAN EAS RED C.I.P.Number SlletNumber CEDAR ESTATE \ \ / -EXIST SAN.SE` -Eu �—�-� I NO. 2 NORTH I sae�'.� � \ •�\` \ 28y�)6,� 0 25' 50' 100' �• SCALE 1"=50'FEET LOT 1 RED CEDAR \ �\ E_STATE.J N i0. 2 LOT 2-2 / \ OHMERT FAR S LEGEND '��, r t� 100'WIDE TEMPORARY \ FOUND IRON ROD/PIPE AS SHOWN CONSTRUCTION EASEMENT / ,�cb O SET 5/8"REBAR WITH YELLOWS PLASTIC CAP# 18128 LOT T 2-2 ?�1ERT FARMS � � `�� / \ � R.Q.W. RIGHT OF WAY OH O o S_ N (100.00') RECORD DIMENSION phi ry � LINE BREAK / 0 co ADJACENT PROPERTY LINE N340 47' 23"E 12.23' , 20'WIDE PERMANENT '0 50'WIDE TEMPORARY /> e5.3• / SANITARY SEWER EASEMENT RIGHT OF WAY LINE CONSTRUCTION EASEMENT U) r— PROPOSED EASEMENT LINE 700 (1) O > ry N \N420 50' 04"E 141.08' / a� N880 01' 30"E 370.66' l / / NOTE: > THIS SURVEY IS LOCATED IN THE / NE 1/. SECTION 3, T88i 1, R2E Q (TABLE MOUND TOWNSHIP) N400 57' 37"E 13.66' C \-- of THE 5TH P.M. IN THE — � / ITY 0= DUBUQUE, DUBUQUE U) _ COUNTY 10"hAk C_- / — — — — — — — — FOR THE PURPOSE O Ta'S c� SURVEY THE NORTH LINE OF LOT EXIST.20'VIDE S880 05' 02"W 174.70' 38 IN TI�;IBER—HYRST EST. # 4 IS \ ASSUMED TO BAR SOUTH SANI.EASE, LOT 38 TIMBER—HYRST // D_EC;RE_ES05 IMINUTES 02 I. th1/ D. � ROD AT N;i COR.LOT 1-= O WESTESTATES Lr) - EXIST..,,'!'iICE DRAINAGE EASE I hereby certify that this land surveying document was prepared and LOT 1-2 - ss the related survey work was performed by me or under my direct Q;-M ERT iFARMSLOT 2—2 OHMERT FAR.,,1S Y - �A peroral suparvision and that I am a duly licensed Land OHMERT f ' ��eO'e'� ' .c�i Surveyor under the laws of the Slate of Iowa. +� •,A� Z ct�. gff q; �+ ��qg••, �. tS1,3S1�IV. '�,G NOTES: !;�a USSEH I I •O 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. m • KIEFf_ ; J 2. PROPRIETOR OF ABOVE DESCRIBED LOT:Mary Kay and Timothy J.Pancfalz '� 128 ,y /�q 3. SURVEY REQUESTED BY:CITY OF DUBUQUE,50 W.13TH ST.DUBUQUE,IOWA s oa yi U 4`' lyJ { 4. TOTAL AREA OF PERIMETER SURVEYED IS:NA >✓ sa I 5, THIS EASEMENT PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF 00 �s ss RECORD. +/OWN60 s Russell N.Kieffer Iowa Lic.No.18128 Date 6. DATE OF SURVEY:02-25-2015 >_ My My license renewal date is December 31,2010' Pages or sheets covered by this seal: PAGE , ONLY `-'-� IIIIIIIIt 01 IIIiiiieieiiill IJ 1111iiiii1111IIi iii Doc ID. 008378770005 Type: GEN Kind: EASEMENT Recorded: 01/21/2016 at 01:40:04 PM Fee Amt: $27.00 Page 1 of 5 Dubuque County Iowa John Murphy Recorder File2016-00000806 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270 GRANT OF EASEMENTS FOR SANITARY SEWER UTILITY For and in consideration of the sum of EIGHT HUNDRED EIGHTY SIX AND 51/100'S ($886.51) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Mary Kay Pancratz and Timothy J. Pancratz 10246 Tyra Lane Dubuque, IA 52003 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 1 Red Cedar Estates No. 2 in the County of Dubuque, Iowa as shown on Exhibit A attached hereto and by reference made a part hereof. Said easements shall be as shown on the attached Exhibit A 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 A during the period of construction until the project is accepted by City Council. 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 other appurtenances. C I -ere Grantor shall not erect any structure over or within the easement 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, 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 or repair said sanitary sewer thereon or therein. Dated at Dubuque, Iowa this 1 ( day of STATE OF IOWA, COUNTY OF DUBUQUE, SS: o16 By: Timothy J. Paricrthz NOTARY PUBLIC On this 1 / day of,- 1.4 , , A.D., -204-5-before me, the undersigned, a Notary Public in and for said Cou.n`ty, in said State, personally appeared Mary Kay Pancratz and Timothy J. Pancratz 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. .JUA I?A HILKU' , CommIsslon Number 708344) k Com halon E fres: -Notary Public In and For Said State Reserved fo A 52001 Ph:563-589-4270 : Nate Kieffe CO -0 0 L. 0 Dubuque Itilltill All -America City 1 1 / 2007 CIT ENKA CI .N. \CROSS PART OF Drawn By: RNN PARJBUQUE COUNTY, IOWA DUBI DWG Location: F:\N calcs pancratz sanitanN D.I.D. Number: NORTH 0 25 50' SCALE 1" = 50' FEET LEGEND 1 NN IT 1 RED CEDAR N ;TATES NO. 2 • FOUND IRON I 0 SET 5/8" REBA PLASTIC CAP R.O.W. RIGHT OF WA' (100.00') RECORD DIME LINE BREAK ADJACENT PP RIGHT OF WA PROPOSED E) N40° 57' 37"E 13.66' LOT 3 RED CEDAR ESTATE NO. 2 4(67 LOT 2-2 OHMERT FARMS EXIST, 20' WIDE SAN. EASE. tI Pt / / LOT 2-2 OHMERT FARMS 20' WIDE PERMANENT SANITARY SEWER EASEMENT 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. 14-16 ACCEPTING A GRANT OF PERMANENT EASEMENT FOR SANITARY SEWER THROUGH, OVER AND ACROSS PART OF LOT 1 OF RED CEDAR ESTATES NO. 2 IN THE COUNTY OF DUBUQUE, IOWA Whereas, Mary Kay and Timothy J. Pancratz have executed a Permanent Easement for Sanitary Sewer through, over and across Part of Lot 1 of Red Cedar Estates No. 2 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 1 of Red Cedar Estates No. 2 in the County of Dubuque, Iowa from Mary Kay and Timothy J. Pancratz, 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 19th day of January, 2016. ia 7. is W. Jonf, Mayor Pro -Tem Attest: Kevin S. Firnstahi, CMC, ity Clerk STATE OF IOWA CERTIFICATE of the 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. 14-16 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 20th day of January, 2016. Ale .A01111 Kevi . Firnstahl, City Clerk