Acceptance of Permanent Easement for Storm Sewer at 545 Villa St._Palskill Copyright 2014
City of Dubuque Consent Items # 26.
ITEM TITLE: Acceptance of Permanent Easement for Storm Sewer at
545 Villa Street
SUMMARY: City Manager recommending acceptance of a Grant of
Permanent Easement for Storm Sewer from Bradley and
Ann Palzkill over a portion of their property at 545 Villa
Street that will facilitate the construction and on-going
maintenance of the Storm Sewer Utility, which the City of
Dubuque will own and maintain.
RESOLUTION Accepting a Grant of Easement for storm
sewer over and across a part of Lot 1 of the Subdivision of
Lot 25 in Lev's Addition, in the City of Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
545 Villa Street Acceptance of Permanent Storm Sewer City Manager Memo
Easement-MVM Memo
Staff Memo Staff Memo
Grant of Easement Resolution Resolutions
Grant of Easement Supporting Documentation
Area 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 Permanent Easement for Storm Sewer from Bradley and
Ann Palzkill over property at 545 Villa Street in Dubuque
DATE: December 9, 2016
City Engineer Gus Psihoyos recommends City Council acceptance of a Grant of
Permanent Easement for Storm Sewer from Bradley and Ann Palzkill over a portion of
their property at 545 Villa Street. The easement will facilitate the construction and on-
going maintenance of the Storm Sewer Utility, which the City of Dubuque will own and
maintain.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
ZV4.14�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
Dubuque Engineering Department
THE CITY OF &E:
50 W. 13`h Street
AII-fnedcaClty Dubuque,IA 52001
DUB ' Office(563)589-4270
1, Fax(563)589-4205
TDD(563)556-9948
Masterpiece on the Mississippi 2007.2012.2013 engineerCcityofdubuque.org
www.cityofdubuque.org
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Acceptance of a Permanent Easement for Storm Sewer from Bradley and Ann Palzkill
over property at 545 Villa Street in Dubuque
DATE: December 5, 2016
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a permanent easement for storm sewer
across Part of Lot 1 of the Subdivision of Lot 25 in Levi's Addition, in the City of Dubuque.
DISCUSSION
Plans for the Villa Street Storm Water Improvements Project include some minor storm sewer
improvements over a portion of the residential property at 545 Villa Street. The property is described at
Lot 1 of the Subdivision of Lot 25 in Levi's Addition, and is owned by Bradley and Ann Palzkill. The City
has negotiated with the owner for an easement to facilitate the construction and on-going maintenance
of the utility. The City of Dubuque will own and maintain the new storm sewer utility.
RECOMMENDATION
I recommend accepting the Grant of Permanent Easement for Storm Sewer through, over and across
Part of Lot 1 of the Subdivision of Lot 25 in Levi's Addition, as shown on the exhibit attached to the
Grant of Easement.
ACTION TO BE TAKEN
respectfully request accepting the Grant of Permanent Easement for Storm Sewer from Bradley and
Ann Palzkill through the adoption of the attached resolution.
Prepared by Nate Kieffer, PLS
cc: John Klosterman, Public Works Supervisor
Don Vogt, Public Works Manager
Jon Dienst, Civil Engineer 11
THE CITAREA MAP D A G
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Masterpiece on the Mississippi
_m _
� t 1
- 3 450
692 640
'W t!
STORM SEWER
EASEMENT
LOCATION
500
i
PALZKILL
PROPERTY —
i
Dubuque County Assessor,City of Dubuque Assessor
DISCLAIMER:This Information was compiled
Ising the Dubuque Area Geographic Inflrmatlon System
DAGIS�,whid,Includes data cueated by bnth he city of Map Prepared by:
Dubuque and Dubuque County. It is-derstood that,while
the City of Dubuque and pa,tic paths agencies utilized he
City of Dubuque
muse current and accurate InPormatlon available,DAGIS and 1 inch = 30 feet Engineering Division
Itssuppli sdonot—i,`ntme-c—cynrs I-cyofine
mformaenn nr data contained herein. The City and pdi-t ating 50 West 13th Street
agencl es shall n of be held a able for any direct,Indirect,Incidental, Dubuque,Iowa 52001
mnsequential,punitroe,or special damages,whether foreseeable or
unforeseeable,arising out of me authorised oI unauthorised use of 30 15 0 30 Feet Phone:(563)589-4270
this data or the Inability to usre this data or out of any breach of
warranty whatsoever Fax:(563)589-4205
IIIIl IIII
111111
YI
011
YY
IIII
111
Doc ID 008569920005 Type: GEN
Kind EASEMENT
Recorded: 12/22/2016 at 04:08:30 PM
Fee Amt: $27.00 Page 1 of 5
Dubuque County Iowa
John Murphy Recorder
Fi1e2016-00017333
Prepared bv: Nate Kieffer. City of Dubuaue. 50 W. 13th Street, Dubuaue. 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 Six Hundred Fifty -Nine and 50/100's
Dollars ($659.50) and other good and valuable consideration, the receipt whereof
is hereby acknowledged,
Bradley P. Palzkill and Ann M. Palzkill
545 Villa Street
Dubuque, IA 52003
of Dubuque 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 the Subdivision of Lot 25 in Levi's Addition to the City of
Dubuque 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 Dubuque, Iowa this 2.6 day of Niv, 2016.
By:
adle Palzkill
Ann M. Palzkill
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this Z8 TN' day of JVa✓t'd02A.D., 2016 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared
Bradley P. Palzkill and Ann M. Palzkill to me known to be the identical person(s)
named in and who executed the within and foregoing instrument, to which this is
attached, and acknowledged that they executed the same as their voluntary act
and deed.
y 744!
Notary Public In and For Said State
RUSSELL N KIEFFER
Commission Number 778626
My �®'E�`
PREPARED BY: Dan Hingtgen, L.S. 14052 WHKS & co. 1701 Route 35 North East Dubuque, IL 81025 Tel. (815) 747-8833
EXHIBIT A
A PERMANENT STORM SEWER EASEMENT LOCATED IN LOT 1 OF THE
SUBDIVISION OF LOT 25 IN LEVI'S ADDITION TO THE CITY OF DUBUQUE, IOWA
--�
NORTHEAST CORNER OF
LOT 33 IN LEVI'S ADDITION Found Reba
ALLEY W/ Cap #12631
• -•N 88'36'24" W 312.24'
✓i S 88'36'24" E •
\ .// 1 20,01' 1 16.98'
N 00'00'00" E -H
9 19.37'
<< \
4.
LOT \33
LEGEND
• FOUND MAG NAIL
O FOUND PIPE,
SIZE AS STATED
X FOUND CUT 'X'
Q FOUND 5/8" REBAR
UNLESS OTHERWISE
STATED
FOUND REBAR w/
CAP AS STATED
SET 5/5 REBAR w/
YELLOW CAP NO. 14052
--- PROPERTY/ROW UNE
— — — EASEMENT LINE
15.0' FIELD MEASUREMENT
150' PREVIOUSLY RECORDED
DESCRIBED PERMANENT
STORM SEWER EASEMENT
1' 10'
x Wim\
to of Storm
O• A.\ Sewer Pipe/
9 51 S 1234 0a,
Found Reba w/
Cap /4850
41.5'
PROPERTY OWNER:
BRADLEY P. &
ANN M. PALZKILL
SURVEY REQUESTED BY:
CITY OF DUBUQUE
FIELD SURVEY CONDUCTED ON:
11/17/16
Found 2'
Pipe
Found 1/4' Rebar
with Angle Iron \
(Not need)
P.O.B. \2
Trench �r
Drain-, t0LA.
L1
S 00'00'00" E
12.65'
L2
S 34'38'24" E
13.56'
L3
N 72'19'57" E
17.58'
SCALE 1" = 300'
0 75' 150' 300'
<�G
N
30.0'
LOT 1 OF THE
SUBDIVISION
OF LOT 25
7
EASEMENT DESCRIPTION
A PERMANENT STORM SEWER EASEMENT LOCATED IN LOT 1 OF THE
SUBDIVISION OF LOT 25 IN LEVI'S ADDITION TO THE CITY OF DUBUQUE,
IOWA, AS SHOWN ON THIS EXHIBIT AND MORE COMPLETELY DESCRIBED
AS FOLLOWS:
Commencing at the Northeast (NE) Corner of said Lot 1 of Lot 25; thence
S 22'30'37" E 19.54 feet along the West Line of Villa Street to the Point
of Beginning; thence continuing S 22'30'37" E 20.07 feet along said West
Line; thence S 7219'57" W 34.08 feet; thence N 34'38'24" W 34.60 feet;
thence N 00'00.00" E 19.37 feet to a point on the North Line of Said Lot
1 of Lot 25; thence S 88'36'24" E 20.01 feet along said North Line;
thence S 00.00'00" E 12.65 feet; thence S 34'38'24" E 13.56 feet; thence
N 7219'57" E 17.58 feet to the Point of Beginning. Said easement contains
1,319 Sq.Ft. including and subject to all easements of record.
4ENGP r& <,,,,,
c cZ•
• ••: o
: DANIEL J.
: HINGTGEN
t. 14052
�•',•,,�re KAP. ti�,�.%S'
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 licens-: Land Surveyor under the laws of the
State of Iowa
VA�/
I%Ili
ii/ca ht
Dan Hing gen,L7: `veyor 'Date
License number: 14052
My registration renewal date 1s December 31, 2016
Pages or sheets covered by this seal: _/ leu4)
tP
19.0'
Found 1/2" Reber
in Conc.
LOT 24
LOT 24A
o
10.0
•
<�L
LOT 23 -6
•
j N 22'30'37" W
\ 95.62'
South Line
of Lot 257
LOT 22
Found Two
Mog .Nota
6.8'•
*�
Found Rebar
w/ Cop #4850
�
'to
30.0'
N 88 0230" W
N 88'05'58" W
32.72'
32.96'
EXHIBIT A
Found
1' Pipe -
Drawn by. 031 Project No.:832200
Drawing Dote: 11/22/16
Drawing Name: K.. 18322.00 - 080 Storm Projects\Orawhgs\
N'l/o St.dwg
engineers + planners + land surveyors
SHEET 1 of 1
Prepared bv: Nate Kieffer, Citv of Dubuaue. 50 W. 13th Street, Dubuque. IA 52001 (5631589-4270
Return to: Nate Kieffer. Citv of Dubuaue. 50 W. 13th Street. Dubuaue. IA 52001 (5631589-4270
RESOLUTION NO. 427-16
ACCEPTING A GRANT OF EASEMENT FOR STORM SEWER OVER AND ACROSS
A PART OF LOT 1 OF THE SUBDIVISION OF LOT 25 IN LEV'S ADDITION, IN THE
CITY OF DUBUQUE, IOWA
Whereas, Bradley P. Palzkill and Ann M. Palzkill have executed an Easement for
Storm Sewer through, over and across a Part of Lot 1 of the Subdivision of Lot 25 in
Levi's Addition, 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 Easement for Storm Sewer through, over and
across a Part of Lot 1 of the Subdivision of Lot 25 in Levi's Addition, in the City of
Dubuque, Dubuque County, Iowa from Bradley P. Palzkill and Ann M. Palzkill, 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.
Passed, approved and adopted this 19th day of December, 2 6
Attest:
Kevi S. Firnstahl, Clerk
L
(Roy D. Buol, Mayor
STATE OF IOWA
CERTIFICATE of t/ie CITY CLERK
) SS:
COUNTY OF DUBUQUE )
1, 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.
do further state that the hereto attached Resolution No. 427-16 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 20th day of December, 2016.
Kevin(S. Firnstahl, CMC, City Clerk