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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 ELB000EAREA G aGKAPIIC INFER-1—SYS— Masterpiece on the Mississippi s 2196 4825 zo 4855 �� 4835 1-1 Proposed Easement i ifto'� •� _ --- II!!II� II SII I IIG f„ 1 �' _-F �_ -� ... .. - •• 2160 Existing Public Sanitary Sewer Main TIPfi44 D1buque County Assessor Cit of Dubu lie Asses: Y q 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 11 11 11 11 11 11 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 17 e: Votl Notary Public in and for the State of �o v My Commission Expires: g ,),y - ( g -2- O w LL D O 0 �MM • W d E N • LL cn 0 O < Z c/1 F_g O QU H ~ W J 0— d w w W LL u)0 • (- Ni �— • O -2 ,- d 1- (/) O > oa d V a u—O Emos N ¢s O a r 0 ASBURY ROAD (R.O.W. VARIES) n �W ,n II 0 < H 0 J 4 < 0 CO = HOLLIDAY DR. (60' R.O.W.) (.00 G) Li -w Z 0 U - F Z m OJ O a.Z° -• N = •W 1- O 3 01 '0 Z U O=� W N w N 0 0 i� O=0Z V F- w m FK LA Z Q O U0 OLZ17-62y-699:4d 1.00Z9 Vrenbnqna ;s 4l£G IsaM 09 aa4Ja!N a}eN :A8 Po aapaooal a04 panaasael edaad 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