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Grant of Easement for Storm Sewer - Applewood IV Senior Housing Copyright 2014 City of Dubuque Consent Items # 7. ITEM TITLE: Grant of Easement for Storm Sewer-Applewood IV Senior Housing SUMMARY: City Manager recommending Acceptance of the Grant of Storm Sewer Easement from Dubuque Senior Housing IV, LLC through, over and across part of Lot 1 of Lange Estate in the City of Dubuque. RESOLUTION Accepting a Grant of Easement for storm 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 3225 Pennsylvania Avenue Acceptance of Grant of City Manager Memo Storm Sewer Utility Easement-MVM Memo Staff Memo Staff Memo Resolution Resolutions Grant of 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 Storm Sewer Utility Easement over Dubuque Senior Housing IV, LLC Property at 3225 Pennsylvania Ave. in Dubuque, Iowa DATE: October 31, 2016 There is an existing 48" public storm sewer located across the southeast corner of property located at 3225 Pennsylvania Avenue. The easement covering this utility was granted to the City in 1963. The 1963 easement is a blanket easement that encumbers the entire original property, which at the time was a farm owned by Arnold Lange. This area also includes the property currently being developed as the "Applewood IV" apartment complex. In an effort to reduce the encumbrance on the property, a new storm sewer utility easement has been granted by the current owners over just the existing sewer location. In a concurrent request, the current owners are asking for the release of the 1963 easement. City Engineer Gus Psihoyos recommends Acceptance of the Grant of Storm Sewer Easement from Dubuque Senior Housing IV, LLC through, over and across part of Lot 1 of Lange Estate in the City of Dubuque. I concur with the recommendation and respectfully request Mayor and City Council approval. 11a.14^1 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 buque THE CITY OF Du D UB TE III��II Masterpiece on. the Mississippi Mr, •20,2.20„ TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Acceptance of a Grant of Storm Sewer Utility Easement over Dubuque Senior Housing IV, LLC Property at 3225 Pennsylvania Ave. in Dubuque, Iowa DATE: October 28, 2016 INTRODUCTION The purpose of this memorandum is to seek acceptance of a permanent easement for storm sewer across part of Lot 1 of Lange Estate in the City of Dubuque. DISCUSSION There is an existing 48" public storm sewer located across the southeast corner of this property. There is an existing public storm sewer easement covering this utility granted to the City in 1963. A copy of that easement is attached as a reference. The 1963 easement is a blanket easement that encumbers the entire original property, which at the time was a farm owned by Arnold Lange. This area also includes the property currently being developed as the "Applewood IV" apartment complex. In an effort to reduce the encumbrance on the property, a new storm sewer utility easement has been granted by the current owners over just the existing sewer location. In a concurrent request, the current owners are asking for the release of the 1963 easement. RECOMMENDATION I recommend accepting the Grant of Storm 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 attached Grant of Easement for Storm Sewer Utility. ACTION TO BE TAKEN I respectfully request acceptance of the Grant of Storm Sewer Easement from Dubuque Senior Housing IV, LLC. Prepared by Nate Kieffer, PLS cc: John Klostermann, Public Works Director Denise Ihrig, Environmental Engineer 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. 366-16 ACCEPTING A GRANT OF EASEMENT FOR STORM 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 Storm 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 Storm Sewer through, over and across Part of Lot 1 of Lange Estate in the City of Dubuque, Dubuque County, Iowa as shown on the Grant of Easement for Storm Sewer Utility, a copy of which is attached hereto, from Dubuque Senior Housing IV, LLC. 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. Passed, approved and adopted this 7th day of November, 016. Roy D. Buol, Mayor Attest: Kevin Firnstahl, C ''L^ ity Clerk Prepared b s Nate Kieffer City of Dubu ue 50 W.13t Street bubu ue 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 STORM 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, Dubuque Senior Housing IV, LLC 5201 East Terrace Drive Madison, WI 53718 of Dane County, State of Wisconsin, 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 Lange Estate 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 storm 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 storm 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. 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 storm sewer thereon or therein. Dated at Madison, Wisconsin this 13 day of ����� , 2016. By: Daniel D Fitzgerald, ember of Horizon Senior Housing XX, LLC, Managing Member of Dubuque Senior Housing IV, LLC NOTARY PUBLIC STATE OF WISCONSIN, COUNTY OF DANE COUNTY, SS,' On this day of , A.D., 2016 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Dan D. Fitzgerald to me known to be the identical person(s) named in ��k opt executed the within and foregoing instrument, to which this is atta acknowledged that they executed the same as their voluntary act and e , ' "`ti I Notary Public In and Foi ate;-, VT GRANT AND EASEMENT KNOW ALL MEN Of THESE PRESENTS: THA-r IN CONSIDERATION OF' $1.00 IN HAND PAID BY THE CITY OF DUBUQUE, IOWA, A MUNICIPAL CORPORATION, INC RECEIPT WHEREOF IS HEREBY ACKNOWLEOGEO, THE UNDERSIGNED BEING THE OWNER OF —LOT I OF LGL2 OF THE S,W, 1./4 - S_.,k'_1,��E.c.-LuN-22_T99N R9F IN THE CITY OF' DUBUQUE HEREOY GR4N13 AND CONVEYS '10 SAID CITY OF DUBUQUE, A PERPETUAL. RIGHT OF EASEMENT, IN, OVER AND ACROSS SAID •1 LOT 1 OF LOT 2 OF THE S.W. 1/4 - S.1•!, 1/4 SECTION 22 T89N - R2E FOR THE PURPOSE OF CONSTRUCTING A FORTY—EIGHT INCH R.C.C.P. STORM SEWER AND FUTURE SANITARY SEWER WITH THE RIGHT 'r0 GO UPON SAID PREMISES AT ALL REASONABLE TIMES FOR THE PURPOSE OF INSPECTING AND REPAIRING THE SAME WHEN INSTALLED.- PROVIDED HOWEVER IHAT SAID CITY OF DUBUQUE SHALL REPLACE WHATEVER EARTH ANO XIMY 'THAI MAY BE DISTURBED IN THE INSTALLATION OR REPAIR OF SAID FORTY—EIGHT INCH R.C.C.P. STORM SE14ER AND SANITARY SEWER 70 AS GOOD CONDITION AS IT WAS IN BEFORE THE SAME WAS DISTURDED, THIS GRANT Or EASEMENT SHALL BE BINDING UPON THE UNDERSIGNED, ITS PUR— CHASERS AND ASSIGNS FOREVER. I J l ARIIOLD C. LANCE AND AIRS. A.RNOL C. LANGE: srATE OF Iowa ss miNrY OF OUBUQLE) ON 7H15 _ � 'DAY OF r , A.D., 191j Jr�, BEFORE ME A NOTARY PUBLIC' IN AND FOR DUBUQUE COUN7Y, IOWA, PERSONALLY APPEARED Ley-moo/ L.g�G ;'MS,.KNOWN 70 BE THE IOENTICAL PERSONS NAMED IN AND WHO EXECUTED THE �-cltSSj�"f -SIG INSTRUMENT, AND ACKNOWLEDGED THAT THEY EXECUTED THE SAME. AS TNEiIt V�' U N7 ARY ACT AND GEED. _.. '(7: 37612 �� � •..,,..• �, FILED FOR RECORD NbTARY PUBLIC N AND POR $ATO COUNTY ' 5 - /.1 HN L. WHITE 9963 i 'AT/•',3e ?M MAT(((M.RUHOER.Recoldor llUL'U(UE CO.,IOWA its I eCo,i 181 PAGE503 ig, EXHIBIT A PUBLIC STORM SEWER EASEMENT. U 51 ACROSS LOT 1 OF LANGE ESTATE, IN THE CITY OF DUBUQUE, IOWA. o 1 rpqa Ua& B L O Ci TE L L I N A O D I T IO N m LOT 2 =,,,_LOi T_,,,� ? ,,� .____ ),1 LGT d L01 3 ...14ff£--' ''11' m w _ LOT 8 ' LOT 6 ,� LGT 5�,� (235.0 ) LEGEND PROPERTY UNE -- --- —RIGHT Or WAY(ROW) ---����EASEMENT LINE EXISTING EASEMENT LINE { ) RECORD DIMENSION f / ROW RICHT Or WAY STORM SEVYER AND SANITARY SEWER / PUE PUBLIC UTEUTY EASEMENT N EASW.ENT GRANTED AND CONVEYED TO THE s CITY OF OUBUOUE FOR A PERPETUAL RIGHT f ,yr„ zi OF EASEMENT,IN,OV:R AND ACROSS LDT ( - 1-2 OF THE SWI/4 SWI/4,SECTION 22, 2,y. 1A11�k T8?N,Rm PER BOOK 181,PAGE„03: TO BE VACATED BY THIS PLAT. 154 1 x2 I w3 w LO?2 0 LOT 1 Z Ny _s < LANGE ESTATE v LANGE ESTATE o SCALE 1 = 100' PUBLIC STORM SEWER /� a EASEMENT CREATED }l / ¢ 0' 50' 100' BY THIS PLAT los, 1 r e LL - ...._ _.___—_ -- T- -- Td meieeac�N'•:Aus„-sea�c EnsEN�— ' Raw T _ _ Rarw y%oay � ;235�sJ— f/ se. (2Goo) � s PENNSYLVANIA AVE. (66' ROW) r �mv raw z Z w :mw wow WAS YMLAND SURVEYING HEWAS PERFORMED BE ORU R MYDIRECERSON1.N4IT,yESL MEASUREMENTS ARE IN FEET ANO DECIMAL-THEROF + ,A SUPERtlSION AND THAT I AM A DULY LICENSED LAND 2,:OWNER&PROPRIETOR OF SAO LOT 1 C-_ANGE ESTATES 5 SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. Dubuque Ser'[w Houalog W.IAC {j KT TERROR �'-'K'"� 52D1 E T--0r./Mcdison,WI 53718 OKOE �.... _ SAO LOT 1 I ' S LOCATED IN THE SWf/¢OF`SECTON 22.T89N, R2E,OF THE STH P.M., y _ DUBUQUE COUNTY,IOWA, t- �. a 1 487 TERRY L. {OELKER (DATE) 4.SURVEY REQUESTED BY: HORIZON DEVELOPMENT 30 LICENSE NUMBER: 15487 S.TINS PLAT IS SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD, j /7x'Jlf�1R1R�1 'N'`\`L` MY LICENSE RENEWAL DATE IS DECEMBER 31,2017 SHEETS COVERED BY THIS SEAL: THIS SHEET ONLY 1 '� NAE LOCATION MAP DAGIS ELE000E AREA G aGKAPIIC INFER-1—=v„EH Masterpiece on the Mississippi 1836 1838 1840 1842 18441850 �t. :�. 1852' F 1860 1862 1864 1866 �' s _ T. . �..�.'�'�.R 4.14 d-��9':. 1720 3275 X3225 3175 Y,. Storm Sewer Easement M u, 0 _ �#a Vii:-' •`, �„ .R- :� Existing Storm 1694 1693 1694 Sewer 1690 �. 3280 3276 3270 3260 �� 1671 1674il 1111WOMge 675 70 nty Assessor, CityWOMRMuell'Assessor DISCLAIMER:This Information was compiled sing the Dubuque Area Geographic Information System Using the which Indudes data created by both the city of Map Prepared by: Dubuque and Dubuque count. It Is understood that,while I city of Dubuque and partidpat ing agencies ueuzed me City of Dubuque most current and accurate Information available,DAGIS and 1 inch = 100 feet Engineering Division Its suppliers do not warrant the accuracy or currency of the Information or data contained herein.The city and particlpating 50 West 13th Street agencies shall not be held liable for any direct,Indirect,Incidental, Dubuque,Iowa 52001 consequential,puniti,e,or special damages,whether foreseeable or unforeseeable,arising out of me authorized or unauthorized use of 100 50 0 100 Feet Phone:(563)589-4270 this data or the Inability to use this data or out of any breach of warranty whatsoever Fax:(563)589-4205 III IIIIIUIV6YYYlillllll!IdVIYIVIII IIIII'A Doc ID 008546870005 Type' GEN Kind: EASEMENT Recorded: 11/10/2016 at 01:44:56 PM Fee Amt: $27.00 Page 1 of 5 Dubuque County Iowa John Murphy Recorder Fi1e2016-00015292 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th 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 STORM 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, Dubuque Senior Housing IV, LLC 5201 East Terrace Drive Madison, WI 53718 of Dane County, State of Wisconsin, 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 Lange Estate 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 storm 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 storm 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. 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 storm sewer thereon or therein. Dated at Madison, Wisconsin this /3 day of ani , 2016. By: Daniel D Fitzgerald, '" ember of Horizon Senior Housing XX, LLC, Managing Member of Dubuque Senior Housing IV, LLC NOTARY PUBLIC STATE OF WISCONSIN, COUNTY OF DANE COUNTY, SS: /On this J day of D(.5 , A.D., 2016 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared DanieL D. Fitzgerald to me known to be the identical person(s) named in executed the within and foregoing instrument, to which this is atta acknowledged that they executed the same as their(g{�{/vj�olluntary act and l Notary Public In and Fo \sai ( ) ROW PUE LEGEND PROPERTY LINE RIGHT OF WAY (ROW) EASEMENT LINE EXISTING EASEMENT LINE RECORD DIMENSION RIGHT OF WAY PUBLIC UTILITY EASEMENT SCALE 1" = 100' 0' 50' 100' EXHIBIT A PUBLIC STORM SEWER EASEMENT: ACROSS LOT 1 OF LANGE ESTATE, I\ T-- CITY OF DU3UQUE, IOWA. LOT 8 II II B L 0 CI <I 3 M EI -IT E L LIN LOT 7 LI LOT 6 i L LOT 5 < ADDITI LOT 4 0 N m LOT 3 _ — L LOT 2 LOT 1 LOT 2 TFM PLACE LOT 1 TFM PLACE ROW LOT 2 LANGE ESTATE ROW CO 0 0 0 (235.03') STORM SEWER AND SANITARY SEWER EASEMENT GRANTED AND CONVEYED TO THE CITY OF DUBUQUE FOR A PERPETUAL RIGHT OF EASEMENT, IN, OVER AND ACROSS LOT 1-2 OF THE SW1/4 SW1/4, SECTION 22, T89N, R2E. PER BOOK 181, PAGE 503. TO BE VACATED BY THIS PLAT. LOT 1 LANGE ESTATE co co G.N0.16061 0 DRAWN BY: r w 0 H J U N U N m PUBLIC STORM SEWER / EASEMENT CREATED / BY THIS PLAT 72.6., / 0 L L/1 EXISTING PUBLIC SANITARY SEWER EASEME4b __� _ (20.00')r (235.03') / /j3.98' (235.03') PENNSYLVANIA AVE. (66' ROW) WIO? U J 0 N 0 0 0 0 (20.00') ROW ROW \\\\\���\U\\I!ANplii ll/1/1/�, _��° c--)00.......°°�L , p TERRY L. J a KOELKER 0 EE 15487 2j'8///1111111111/ 0N\\\A 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 I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. ,.► � //ii %4 TERRY L. OELKER (DATE) LICENSE NUMBER: 15487 MY LICENSE RENEWAL DATE IS DECEMBER 31, 2017 SHEETS COVERED BY THIS SEAL : THIS SHEET ONLY NOTES 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEROF. 2. OWNER & PROPRIETOR OF SAID LOT 1 OF LANGE ESTATES: Dubuque Senior Housing IV, LLC 5201 E Terrace Dr. / Madison, WI 53718 3. SAID LOT 1 IS LOCATED IN THE SW1/4 OF SECTION 22, T89N, R2E, OF THE 5TH DUBUQUE COUNTY, IOWA. 4. SURVEY REQUESTED BY: HORIZON DEVELOPMENT 5. THIS PLAT I5 SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD. P.M., d Z 0 W 0 0 a H- Z W w W W < < Q W V) cc W o (5 Q ▪ ZJ °6o F- U o a. a SHEET OF Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Retum to: Kevin S. Firnstahl, City Clerk, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4121 RESOLUTION NO. 366-16 ACCEPTING A GRANT OF EASEMENT FOR STORM 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 Storm 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 Storm Sewer through, over and across Part of Lot 1 of Lange Estate in the City of Dubuque, Dubuque County, Iowa as shown on the Grant of Easement for Storm Sewer Utility, a copy of which is attached hereto, from Dubuque Senior Housing IV, LLC. 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. Passed, approved and adopted this 7th day of November, 016. Attest: Kevin 'Firnstahl, C 'i City Clerk Roy D. Buol, Mayor STATE OF IOWA CERTIFICATE of tfie CITY CLERK ) 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. 366-16 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 8th day of November, 2016. Key S. Firnstahl ', City Clerk