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
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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.
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LOT 1 OF LANGE ESTATE
PREPARED FOR:
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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