Acceptance of Ingress and Egress Easement- 3080 Cedar Crest Court_Cedar Ridge Farm Place Copyright 2014
City of Dubuque Consent Items # 7.
ITEM TITLE: Acceptance of Ingress and Egress Easement- 3080
Cedar Crest Court
SUMMARY: City Manager recommending acceptance of a Grant of
Ingress and Egress Easement over property at 3080
Cedar Crest Court.
RESOLUTION Accepting a Grant of Ingress and Egress
Easement Through, Over and Across Part of Lot 2 of Lot 3
of Cedar Ridge Farm Place No. 7, in The City of Dubuque,
Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Acceptance of Ingress and Egress Easement from BM City Manager Memo
Properties-MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Grant of Ingress and Egress Easement Supporting Documentation
Location Map Supporting Documentation
THE CITY OF Dubuque
DUB E 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 an Ingress and Egress Easement from BM Properties, LLC,
over Property in 3080 Cedar Crest Court in Dubuque
DATE: September 21, 2016
City Engineer Gus Psihoyos recommends City Council acceptance of a Grant of Ingress
and Egress Easement over property in 3080 Cedar Crest Court. The easement will be
used to access an existing storm water detention facility on Lot A of Cedar Ridge Farm
Place No. 8.
1 concur with the recommendation and respectfully request Mayor and City Council
approval.
ZIA-z k�4 6&-zn'
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, 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 ANAmeHeaCity Dubuque, 5
2001
Office(563)3)589-49-4
270
1 I I Fax(563)589-4205
TDD(563)556-9948
Masterpiece on the Mississippi 2007.2012.2014 engineer@cityofdubuque.org
www.cityofdubuque.org
TO: Michael C. Van Milligen, City Manager
FROM: Gus Cit,Psiho osEn
Y Y Engineer
SUBJECT: Acceptance of an Ingress and Egress Easement from BM Properties, LLC,
over property in 3080 Cedar Crest Court in Dubuque
DATE: September 20, 2016
INTRODUCTION
The purpose of this memorandum is to seek acceptance of an ingress and egress
easement across Part of Lot 2 of Lot 3 of Cedar Ridge Farm Place No. 7, in the City of
Dubuque.
DISCUSSION
The City owns and maintains an existing storm water detention facility on Lot A of Cedar
Ridge Farm Place No. 8. This detention facility was constructed in 2005 and serves the
Cedar Ridge Farm Subdivision/Cedar Crest Court area. As part of the requirements of
Resolution No. 489-04, the developer is to plat and dedicate a lot to the City around the
detention facility improvements after the subdivision is 80% built out. The subdivision has
not reached this build out point as of yet. Recently, the developer had sold Lot 2 of 3 of
Cedar Ridge Farm Place to BM Properties, LLC. The best access route to the detention
facility for maintenance is over the eastern portion of the BM Properties, LLC land. The City
will use the access easement, along with a portion of Lot A of Cedar Ridge Farm Place No.
8 (to be dedicated to City at 80% build-out), to facilitate the on-going maintenance of the
facility. The property owner, BM Properties, LLC, has executed the Grant of Easement
document attached to this memo.
RECOMMENDATION
I recommend accepting the Grant of Ingress and Egress Easement through, over and
across Part of Lot 2 of Lot 3 of Cedar Ridge Farm Place No. 7, as shown on the exhibit
attached to the Grant of Easement.
ACTION TO BE TAKEN
I respectfully request acceptance of the Grant of Ingress and Egress Easement from BM
Properties, LLC, via the attached resolution.
Prepared by Nate Kieffer, PLS
cc: John Klosterman, Operations and Maintenance Manager
Denise Ihrig, Environmental Engineer
NAE LOCATION MAP DAGIS ,
ELE000E AREA G aGKAPIIC INFE-1 o,.,,.
Masterpiece on the Mississippi
LOT A CEDAR RIDGE
FARM PLACE NO. 8
1072 - .
EXISTING STORM
c� t WATER DETENTION
G�OP� FACILITY
er-
1074 PROPOSED 3080 �� 600 600
INGRESS/
>_ ,. .. :: � ��'' 610
EGRESS
EASEMENT TO LOT 2-3 CEDAR 600 600
ACCESS RIDGE FARM
DETENTION PLACE #7
FACILITY
.r
r
E
1075 �Fa 625
C+ 645
OG 'Pos 1090
645
P�
3100, e\ Dubuque Cou`n}y Assessor, City"of DubuquilC��ur
DISCLAIMER:This Information was compiled
Ising the Dubuque Area GeograpInf—dtl on System
DAGIs',wb IT"I'des data shic eated by hem me cI of N Map Prepared by:
Dubuque and Dubuque county. It Is understood mat,while
th city If D,b,q,eaid pa-ticipatl„g age—estulzed the City of Dubuque
most—r,,tandamuratetfbrmati,,available,DAGIsand 1 inch = 100 feet Engineering Division
Its suppliers do n of warrantthe accuracy Cct,,ecVofthe
ifa�mati—o,data so[abed he— The city a'd pa�tlslpati,g 50 West 13th Street
age-es shall got be held cable foi-a„y dl�est,hdhect,I„sldeltal, Dubuque,Iowa 52001
masmgseatial,psaltroe,oi-special damages,whether fo�esmeable or
-f—seeable,a�Ishg offs of me s th,�,ed o, ...tholIIsed ase of 100 50 0 100 Feet Phone:(563)589-4270
this data oi-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: Kevin Firnstahl City Clerk, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 338-16
ACCEPTING A GRANT OF INGRESS AND EGRESS EASEMENT THROUGH, OVER
AND ACROSS PART OF LOT 2 OF LOT 3 OF CEDAR RIDGE FARM PLACE NO. 7,
IN THE CITY OF DUBUQUE, IOWA
Whereas, BM Properties, LLC has executed an Ingress and Egress Easement
through, over and across Part of Lot 2 of Lot 3 of Cedar Ridge Farm Place No. 7, in the
City of Dubuque, Dubuque County, Iowa, which provides the City of Dubuque access to
the existing storm water detention facility on located on LOT A CEDAR RIDGE FARM
PLACE NO. 8 for maintenance to said facility.
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 Ingress and Egress Easement through, over and
across Part of Lot 2 of Lot 3 of Cedar Ridge Farm Place No. 7, in the City of Dubuque,
Dubuque County, Iowa from BM Properties, 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 3rd day of October, ‘16
Attest:
Kevin S.Firnstakil, MC, City Clerk
Roy D. Buol, Mayor
11
I
11
11
11
11
11
11
Doc ID 008525700006 Type GEN
Kind: EASEMENT
Recorded: 10/06/2016 at 01:59:41 PM
Fee Amt: $32.00 Page 1 of 6
Dubuque County Iowa
John Murphy Recorder
F11e2016-00013406
GRANT OF INGRESS AND EGRESS EASEMENT
Recorder's Cover Sheet
Preparer Information: (name, address and phone number)
John T. Nemmers, 110 East 9th Street, Dubuque, IA 52001, (563) 556-8000
Taxpayer Information: (name and complete address)
Return Document To: (name and complete address)
John T. Nemmers, 110 East 9th Street, Dubuque, IA 52001, (563) 556-8000
Grantor:
BM Properties, L.L.C.
Grantee:
City of Dubuque
Legal Description: See Page 2
Document or instrument number of previously recorded documents: N/A
Cd3 I - 5(30
GRANT OF INGRESS AND EGRESS EASEMENT
For good and valuable consideration, the receipt of which is hereby acknowledged,
BM PROPERTIES, L.L.C.
3080 Cedar Crest Court, Ste. 101
Dubuque, IA 52003
(hereinafter "Grantor") 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, (hereinafter
"Grantee"), 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:
Lot 2 of Lot 3 of CEDAR RIDGE FARM PLACE NO. 7;
as shown on and described in 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 accessing
the existing stormwater detention facility, and other appurtenances, located on Lot K of CEDAR
RIDGE FARM PLACE NO. 11, along with the right, privilege and authority to reconstruct,
maintain, operate, repair, patrol and remove said improvements.
Following any reconstruction, maintenance or repair of the existing stormwater detention
facility, the Grantee shall restore any disturbed turf area to its original condition.
Grantor, their successors, heirs or assigns, shall not erect any structure over or within the
easement area without obtaining the prior written approval of the City Engineer.
Grantor, their successors, heirs or assigns, 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 approval of the City Engineer.
The Grantee shall have the right to cut, trim or remove trees and bushes as may be
required to maintain ingress and egress to said stormwater detention basin.
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 stormwater
detention facility located on Lot K of CEDAR RIDGE FARM PLACE NO. 11.
By: Brandon Merrick
as Manager/Member of BM Properties, L.L.C.
STATE OF IOWA )
) ss:
COUNTY OF DUBUQUE )
On this 16 t h day of September, 2016, before me, the undersigned, a Notary Public in
and for said County, in said State, personally appeared Brandon Merrick, to me known to be the
identical person named in and who executed the within and foregoing instrument, to which this is
attached, and acknowledged that he executed the same as his voluntary act and deed.
JANICE KAY SCHU.TZ
Commission Number 1295
My Commission 'cokes
to—
Not r>' Public in and for s
PREPARED BY! IIW,P.C. 4155 PENNSYLVANIA AVE MUM.IOWA (563)556-2454
EASEMENT EXHIBIT
PART OF LOT 2 OF LOT 3
CEDAR RIDGE FARM PLACE NO. 7
XCEDAR
2'34'25", / / / 0x�5� LOT R RIDGE FARM i
CHORD-N41-45'11-ErF, F,tz� PLACE N0. 11
10.33'� - �pSF' / C7
533'43'29"E)tk
EXISTING
G6 CL 20' WIDE q
/ G`OP l6 STORM SEWER
EASEMENT
S77'1 t 52 �(`_,7'1- DOC. 2005-13691
LOT K, CEDAR
LOT 2 OF 3, RIDGE FARM
/ PLACE N0. i1
LOT 1, CEDAR CEDAR RIDGE \ /
RIDGE FARM FARM PLACE
PLACE NO. 7 NO. 7
LOT 1 OF 3, \
\\x0'—OssCEDAR RIDGE
\\ FARNOP7A E
'p0
110
LEGEND
PLAT BOUNDARY
- LOT UNE
EXISTING PUBLIC UTILITY EASEMENT
- EXISTING ZONING LINE PROPRIETOR: BM PROPERTIES, LLC.
-------- PROPOSED EASEMENT LINE SURVEYED FOR: JULIAN NEMMERS
FOUND 5/8' REBAR W/ RED PLASTIC DATE OF SURVEY: AUGUST 26, 2016
CAP NO. 12831 UNLESS NOTED
® FOUND 5/8' REBAR W/ RED GRAPHIC SCALE
PLASTIC CAP NO. 21408 0 100 200
O SET 5/8" REBAR W/ RED PLASTIC
CAP NO, 21408 NORTH
RECORD INFORMATION 1" = 100'
ROW RIGHT-OF-WAY DRAWING MAY HAVE BEEN REDUCED
P.U.E. PUBLIC UTILITY EASEMENT NOTE
LI LIGHT INDUSTRIAL DISTRICT THIS SURVEY IS SUBJECT TO EASEMENTS,
RESERVATIONS, RESTRICTIONS AND
AC, AGRICULTURAL DISTRICT RIGHTS-OF-WAY OF RECORD AND NOT OF
CS NEIGHBORHOOD COMMERCIAL DISTRICT RECORD.
0 lµ�Irrq I HEREBY CERTIFY THAT THIS LAND SURVMG DOCUUF.T WAS
♦ 1� c �c ,
PREPARED BY ME OR UNDER MY DIRECT PER"I.L ''t 7RVISION AND
THAT cnn Ewo EEEru
�. I AM A DULY LICENSED LAND SURVEY( Ut SER 4E LAWS OF
I
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* THE STATE OF IOWA.
CRAIG L.'I* - FOR Nw.P.C. WgYN VE XO
GEISER m=
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ATEGRITY EXPERTISE 50LUTNNIS
mac urw e"w.EEwm
LS 21408JZ Z
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DATE O.A;t� .. b`VZ••- tL,IT P.O.- 7�
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U 'N._110.21408 MY UCENSE RENEWAL DATE IS 12/31/2016 CHECKED CLO IPROJ. NO. 15779 y.
5 DATE 8-28-18 SHEET 1 of
g1N 1111%% N11�\\ PACES OR SHEETS COVERED BY THIS SEAL TNS SHEET ONLY I.\IS\it10\779\Ud\'rY.6S\FViIEY\15779 CEDAR +-y1L
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. 338-16
ACCEPTING A GRANT OF INGRESS AND EGRESS EASEMENT THROUGH, OVER
AND ACROSS PART OF LOT 2 OF LOT 3 OF CEDAR RIDGE FARM PLACE NO. 7,
IN THE CITY OF DUBUQUE, IOWA
Whereas, BM Properties, LLC has executed an Ingress and Egress Easement
through, over and across Part of Lot 2 of Lot 3 of Cedar Ridge Farm Place No. 7, in the
City of Dubuque, Dubuque County, Iowa, which provides the City of Dubuque access to
the existing storm water detention facility on located on LOT A CEDAR RIDGE FARM
PLACE NO. 8 for maintenance to said facility.
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 Ingress and Egress Easement through, over and
across Part of Lot 2 of Lot 3 of Cedar Ridge Farm Place No. 7, in the City of Dubuque,
Dubuque County, Iowa from BM Properties, 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 3rd day of October, X416
Kevin S. Firnsta ' C, City 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. 338-16 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 4th day of October, 2016.
Kevi , City Clerk