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Acceptance of Grant of Sanitary Sewer Utility Easement - 3225 Pennsylvania Avenue_Lange Estate Copyright 2014 City of Dubuque Consent Items # 9. ITEM TITLE: Acceptance of Grant of Sanitary Sewer Utility Easement- 3225 Pennsylvania Avenue SUMMARY: City Manager recommending acceptance of a Grant of Sanitary Sewer Easement from Dubuque Senior Housing IV, LLC, for a permanent easement for sanitary sewer across part of 3225 Pennsylvania Avenue. RESOLUTION Accepting a Grant of Easement for Sanitary Sewer Through, Over and Across Part of Lot 1 of Lange Estate, 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 Easement from Dubuque Senior Housing IV-MVM City Manager Memo Memo Staff Memo Staff Memo Resolution Resolutions Plat of Sanitary Sewer 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 Dubuque Senior Housing IV, LLC Property at 3225 Pennsylvania Avenue in Dubuque, Iowa DATE: September 21, 2016 City Engineer Gus Psihoyos recommends City Council acceptance of a Grant of Sanitary Sewer Easement from Dubuque Senior Housing IV, LLC, for a permanent easement for sanitary sewer across part of 3225 Pennsylvania Avenue. I concur with the recommendation and respectfully request Mayor and City Council approval. 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 y 50 W. 13`h Street R9 E � MmieaC �cty Dubuque,[A 52001 DUB Office(563)589-4270 Fax(563)589-4205 TDD(563)556-9948 Masterpiece on the Mississippi ?007.2012.2013 engineer@cityofdubuque.org www.cityofdubuque.org TO: Michael C. Van Milligen, City Manager.-- FROM: Gus � Cit Psiho os En Y Y Engineer SUBJECT: Acceptance of a Grant of Sanitary Sewer Utility Easement over Dubuque Senior Housing IV, LLC Property at 3225 Pennsylvania Ave. 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 Lange Estate in the City of Dubuque. DISCUSSION In 2009, a public sanitary sewer main was extended across the frontage of the property at 3225 Pennsylvania Ave. by the developer of the property. The sewer main was extended to serve the Applewood Development Phases 3 and 4. Because the sanitary sewer was installed along the north right of way line of Pennsylvania Avenue, an easement would be required over the south ten feet of the adjacent private property in order for the City to maintain the utility. No easement was dedicated at the time of installation of the sanitary sewer. The owner of the property has granted a new easement to cover the utility. RECOMMENDATION I recommend accepting the Grant of Sanitary Sewer Easement through, over and across part of Lot 1 of Lange Estate in the City of Dubuque, Iowa, as shown on the as shown on the Plat of Sanitary Sewer Easement recorded as Instrument No. 2016-00011887 in the Dubuque County Recorder's Office. ACTION TO BE TAKEN I respectfully request acceptance of the Grant of Sanitary Sewer Easement from Dubuque Senior Housing IV, LLC. Prepared by Nate Kieffer, PLS cc: John Klosterman, Operations and Maintenance Manager Denise Ihrig, Environmental Engineer NAE LOCATION MAP DAGIS ELB000E AREA G aGKAPIIC INFER-1—=v„EH Masterpiece on the Mississippi 1836 1838 1840 1842 1844 1846 1850 1852 _. , 1860 1720 3225 3,175 3275 Sanitary Sewer 330.1 Easement R 1 f � PENNSYLVANIA AVE Existing Sanitary iSewer Main al 690 ' 328,0 M 3276 3270 3260 1693 � 1694 1695 - 1 _.- Dubuque co inty Assessor, City of Dubuque Assessor DISCLAIMER:This Information was compiled (sing the Dubuque Area Geographic Inform atlon System DAGIS),whirl,mdodes data ereatsd by both me city of Map Prepared by: Dubuque and Dubuque county. It Is understood mat,while th citydD,boqoeandparticipatingagenciestuizedme City of Dubuque mase cit%ntand amurate infnrmati,n available,DAGIS and 1 inch = 80 feet Engineering Division its suppliers do not warrant the accuracyoCct r�encv,dthe mfo�maeon or data contained neem.me city and participatmg 50 West 13th Street agencies shall not be held cable for any directndirect,incidental, Dubuque,Iowa 52001 �negoential,ponitme,or special damages,,hether III eeable or onforeseeable,a�ismg oot of me s th,rized o�unauthorized ose of 80 40 0 80 Feet Phone:(563)589-4270 this data or me mabiuty to oe this data o�oot of any breacn of —i-panty whats—e Fax:(563)589-4205 I/II/IIII//IIIIIIIIIIIIIIIIII/I/I///I/JIIIII//II///III/!/III//ii///ii/i/illhiiii iii ilii ilii Doc ID: 008525690005 Type: GEN Kind: RESOLUTION Recorded: 10/06/2016 at 01:57:09 PM Fee Amt: $27.00 Page 1 of 5 Dubuque county Iowa John Murphy Recorder F11e2016_00013405 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. 340-16 ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER THROUGH, OVER AND ACROSS PART OF LOT 1 OF LANGE ESTATE, IN THE CITY OF DUBUQUE, IOWA Whereas, Dubuque Senior Housing IV, LLC has executed a Permanent Easement for Sanitary Sewer through, over and across Part of Lot 1 of Lange Estate 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 Lange Estate in the City of Dubuque, Dubuque County, Iowa as shown on the Plat of Sanitary Sewer Easement recorded as Instrument No. 2016-00011887 in the Dubuque County Recorder's Office, from Dubuque Senior Housing IV, 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, 2016 Kevin S Frnstahl, CI e; 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. 340-16 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 t. Firnstahl,-MC, City Clerk II8 ■1III I p,toi ��I 1I!!II Doc ID: 008508470003 Type: GEN Kind: EASEMENT PLAT Recorded. 09/09/2016 at, 02:53:36 PM Fee Amt: $17.00 Page 1 of 3 Dubuque County Iowa John Murphy Recorder ,i1.2016-00011887 ARE IN FEET AND DECIMALS THEROF. - IR OF SAID LOT 1 OF LANGE ESTATES: ar Housing IV, LLC a Dr. / Madison, WI 53718 TO IN THE SW1/4 OF SECTION 22. 789N, R2E, OF THE 571-1 P.M., BY: HORIZON DEVELOPMENT TO EASEMENTS OF RECORD AND NOT OF RECORD. SHEET TITLE VINVAU.SNN3d rA* O O LOT 1 TFM PLACE LOT 2 TFM PLACE 0 FI o O at � z r> O A (,09'962) Coe 91£) Wti�x N mare: �g�c r >yS D E8s CLm Z N 2m�a n r- (0 pmpp oovi I�10 rr S AyOTn rn pgmo$nZ "H m➢EDA P1 o'p (,9£'6L£) (.6•66) LOT 2 APPLEWO06 PLACE PROJECT I N0. 16061 PLAT OF SANITARY SEWER EASEMENT LOT 1 OF LANGE ESTATE PREPARED FOR: HORIZON DEVELOPMENT 5201 EAST TERRACE DR.. SUITE 300 (15010ON, WI 53710 EICINSERS AND SURVEYORS Ian' m, W.A. A (565) 551 -ON 0 z X39 DATE 0 BUTTERFIELD ROAD (60' ROW) 8/17/16 SCALE: REVISIONS 0 r z n 73 171 nrj LiQz 0 _' D m0-�{ cp D c z p m m rn EDD —tnV) o -gym7 D �. 1 • L 7.71 DWC.N0.16061-22 DRAWN BY: TPL CHECKED BY: SEE BAR SCALE TLK l7.OD z!,tti,de Sheet 2 of 3 Surveyor's Certificate 1, Terry L. Koelker, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that the plat shown on sheet 1 of 3 hereof, is a true and correct Plat of Public Sanitary Sewer Easement: Across Lot 1 of Lange Estate, in the City of Dubuque, Iowa., according to the recorded plats thereof, subject to easements, reservations, restrictions, and rights-of-way of record and not of record. 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 1 am a duly licensed Land Surveyor under the laws of the State of Iowa. Terry L. oelker Date Licensed Land Surveyor License No. 15487 License Renewal Date 12/31/17 Owner's Consent Madison, Wisconsin SeP4 - 2- 2016 The foregoing Plat of Public Sanitary Sewer Easement: Across Lot 1 of Lange Estate, in the City of Dubuque, Iowa., is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate. Dubuque Senior Housing IV, LLC hn K. Faust, Member of Horizon Senior Housing XX, LLC, Managing Member State of Wisconsin ) County of Dane ) ss: On this day o , AD 2016, before me, the undersigned, A Notary Public in and for the State of Wis onsin, personally appeared John K. Faust, a member of Horizon Senior Housing XX, LLC, managing member of Dubuque Senior Housing IV, LLC, to me personally known, who being by me duly sworn, did say that he is a member of said Corporation, that no seal has been procured by said Corporation, that said instrument was signed on behalf of said Corporation by authority of its Board of Directors; and that said John K. Faust, a member of Horizon Senior Housing XX, LLC, managing member of Dubuque Senior Housing IV, LLC, a . •. ledged the execution of said instrument to be the voluntary act and deed of said Co 'ioratio �. :�'�w �� voluntarily executed. Witness my hand and Notarial Seal on ra ! �1>•�' :• Op'�KEOLSON alai aiO F OF W\S� COUNTY AUDITOR Dubuque, Iowa Sheet 3 of 3 2016 The foregoing Plat of Sanitary Sewer Easement: Across Lot 1 of Lange Esta in;th , i r f3Dubuque, Iowa., was entered of record in the office of the Dubuque County Auditor:-lh "' d of { S�(3AkAw► , 2016. ,}- k �` . , County Auditor of Dubugitp ta.a "� el c `r, 's N Dubuque, Iowa Recorder's Certificate The foregoing. Plat of Sanitary Sewer Easement: Across Lot 1 of Lange Estate, in the City of Dubuque, a., has been reviewed by the Dubuque County Recorder. iCun Dub ue County e der 61)(7