Acceptance of Permanent Easement for Sanitary Sewer - 4825 Asbury Road_Remakel Place Copyright 2014
City of Dubuque Consent Items # 8.
ITEM TITLE: Acceptance of Permanent Easement for Sanitary Sewer
-4825 Asbury Road
SUMMARY: City Manager recommending acceptance of a Grant of
Sanitary Sewer Easement from Half Moon, LLC for a
permanent sanitary sewer easement across 4825 Asbury
Road.
RESOLUTION Accepting a Grant of Easement for Sanitary
Sewer Through, Over and Across Part of Lot 1 of 2 of
Remakel Place, in the City of Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Acceptance of Grant of Sanitary Sewer Utility City Manager Memo
Easement from Half Moon LLC. MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Grant of Sanitary Sewer Utility 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 a Grant of Sanitary Sewer Utility Easement over Half Moon,
LLC Property at 4825 Asbury Road in Dubuque, Iowa
DATE: September 21, 2016
City Engineer Gus Psihoyos recommends City Council acceptance of a Grant of
Sanitary Sewer Easement from Half Moon, LLC for a permanent sanitary sewer
easement across 4825 Asbury Road.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
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
Au-AmeneaCity Dubuque,IA 52001
DUB
E r Office(563)9-420570
� �'I Fax(563)589-4205
TDD(563)556-9948
Masterpiece on the Mississippi zoo;•2012•x013 engineer@,cityofdubuque.org
www.cityofdubuque.org
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Acceptance of a Grant of Sanitary Sewer Utility Easement over Half Moon, LLC Property
at 4825 Asbury Road in Dubuque, Iowa
DATE: September 20, 2016
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a permanent easement for sanitary sewer
across part of Lot 1 of Lot 2 of Remakel Place in the City of Dubuque.
DISCUSSION
In 1999, a public sanitary sewer main was extended across the southern portion of the property at 4825
Asbury Road by the developer of the property. The sewer main was extended to serve several
businesses fronting on Asbury Road west of Holliday Drive. No easement was put in place at the time
of installation. With the current redevelopment of the site into a Popeye's restaurant, the owner has
granted an easement to cover the utility. This will provide the City the right to operate and maintain the
utility in the future.
RECOMMENDATION
I recommend accepting the Grant of Sanitary Sewer Easement through, over and across part of Lot 1
of 2 of Remakel Place in the City of Dubuque, Iowa, as shown on the attached Grant of Easement
Exhibit.
ACTION TO BE TAKEN
I respectfully request acceptance of the Grant of Sanitary Sewer Easement from Half Moon, LLC.
Prepared by Nate Kieffer, PLS
cc: John Klosterman, Operations and Maintenance Manager
Denise Ihrig, Environmental Engineer
NAE LOCATION MAP DAGIS
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DISCLAIMER:This Information was compiled
(sing the Dubuque Area Geographic Information System
DAGISI'w IT In l dss data created by bath me city of Map Prepared by:
Dubuque and Dubuque county. It Is understood mat,while
IT city D,bitq—and participating agencies�tulzed me City of Dubuque
of
mast cit%ntand amurate Infnrmati,n available,DAGIS and 1 inch = 60 feet Engineering Division
Its suppliers do not warrant the accuracy or-r,enev of the
Infi—btion of data contained herein.The city and participating 50 West 13th Street
'gentles shall not be Held liable for any dlrsct,Indirect,Incidental, Dubuque,Iowa 52001
mnsmgnential,pnnitroe,or special damages,whether furss-bble or
onforeseeable,arlsing oot of me aotno�lsed o�onaomo�lsed o�of 60 30 0 60 Feet Phone:(563)589-4270
th is data or the Inability to usre IT
is data or ant of any breach of
—i-panty whatsoever Fax:(563)589-4205
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Doc ID 008525710005 Type GEN
Kind: EASEMENT
Recorded: 10/06/2016 at 02:03:42 PM
Fee Amt: $27.00 Page 1 of 5
Dubuque County Iowa
John Murphy Recorder
F11e2016-00013407
Prepared'by: Nate Kieffer, City of Dubuque, 50 W. l3th 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 EASEMENT FOR SANITARY SEWER UTILITY
For and in consideration of the sum of One Dollar ($1.00) and other good and valuable
consideration, the receipt whereof is hereby acknowledged,
Half Moon, L.L.C.
PO Box 5278
Coralville, IA 52241
of Johnson 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 of 2 Remakel Place in the City of Dubuque, County 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 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.
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.
Grantor shall not erect any structure over or within the easement area without obtaining
the prior written approval of the City Engineer, except that Grantor may place sidewalks,
driveways and parking areas within the easement area as may be approved by the City in
the site plan process. 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 614 b k %/'( , Iowa this /Clay day of re f , 2016.
Half Moon, L.L.C.
By:
Name: f Braverman
Its: Manager
STATE OF IOWA
) ss
COUNTY OF JOHNSON
This instrument was acknowledged before me on :I4iN (L7 , 2016 by Jeff
Braverman, as Manager, of Half Moon, L.L.C.
TEPHANIE A. VALENTINE
Commission Number 781714
My Comm. Exp. 1(1
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Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Kevin S. Firnstahl, City Clerk City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4121
RESOLUTION NO. 339-16
ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER THROUGH,
OVER AND ACROSS PART OF LOT 1 OF 2 OF REMAKEL PLACE, IN THE CITY OF
DUBUQUE, IOWA
Whereas, Half Moon, LLC has executed a Permanent Easement for Sanitary
Sewer through, over and across Part of Lot 1 of 2 of Remake) Place in the City of
Dubuque, Dubuque County, 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 2 of Remake) Place in the City of Dubuque, Dubuque
County, Iowa as shown on the Grant of Easement for Sanitary Sewer Utility, from Half
Moon, 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. The City Clerk is hereby authorized to and directed to record this
resolution and easement with the Dubuque County Recorder.
Attest:
Passed, approved and adopted this 3rd day of October, 201
Kevin S.'Firnstahl, �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. 339-16 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.
Kevin S. Firnstah`I; SIC, City Clerk