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Grant of Easement to Ehrlich Properties, L.L.C. Copyrighted J une 7, 2021 City of Dubuque Items to be set for Public Hearing # 3. City Council Meeting ITEM TITLE: Grantof Easementto Ehrlich Properties, L.L.C. SUM MARY: City Manager recommending the City Council set a public hearing for J une 21, 2021 to consider the Grant of Retaining Wall Easement to Ehrlich Properties, L.L.C. for a private retaining wall over City owned right-of-way property on Helen Ridge Court in North Grandview Estates No. 2 as part of the North Grandview Estates development project. RESOLUTION Intent to dispose of City interest by Grant of Retaining Wall Easement to Ehrlich Properties, L.L.C. across part of the Helen Ridge Court Right of Way in North Grandview Estates No. 2, City of Dubuque, lowa SUGGESTED Receive and File;Adopt Resolution(s), Set Public Hearing for June 21, DISPOSITION: 2021 Suggested Disposition: ATTACHMENTS: Description Type Ehrlich Properties Grant of Easement for Private City Manager Memo Retaining Wall-MVM Memo Staff Memo Staff Memo Resolution Resolutions Notice of Hearing Supporting Documentation Grant of Easement Supporting Documentation Dubuque THE CITY OF � ui-Aseria cih DuB E , . � . , � II � Maste iece on tj2e Mississi i zoo�•zoiz•zois YP pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Grant of Easement to Ehrlich Properties, L.L.C. DATE: May 28, 2021 City Engineer Gus Psihoyos recommends City Council set a public hearing for June 21, 2021 to consider the Grant of Retaining Wall Easement to Ehrlich Properties, L.L.C. for a private retaining wall over City owned right-of-way property on Helen Ridge Court in North Grandview Estates No. 2 as part of the North Grandview Estates development project. 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 Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Dubuque THE CITY OF � All•pmeriea Cit� D V a../ L w��wni,n �. 1 I iilm�� I I Ml�ste iece on the MisSiSsi i zoo�•zoiz=zois �P pp zoi�*zoi� TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Grant of Easement to Ehrlich Properties, L.L.C. DATE: May 25, 2021 INTRODUCTION This is in response to a request from Ehrlich Properties, L.L.C. for the granting of private retaining wall easement over City owned right of way property on Helen Ridge Court in North Grandview Estates No. 2 as part of the North Grandview Estates development project. DISCUSSION Per Resolution 8-21, the developer of North Grandview Estates, Ehrlich Properties, L.L.C., is to receive a grant of easement for a private retaining wall over City right of way. Due to the location of the existing street right of way and the existing creek drainage way at the site it was necessary to locate the private retaining wall on City right of way. The developer or, if sold, future property owner will be responsible for repairing, replacing, and maintaining the wall, foundation, safety railing and all other appurtenances associated with the private retaining wall in the easement area. The developer or future owner will also be responsible for any damage to City improvements resulting from the repair, replacement or maintenance of the retaining wall. The City is reserving the right to install underground utilities in the easement area. The attached exhibits show the City owned right of way property and the proposed private retaining wall easement. The developer has submitted construction plans for the improvements and associated work on the City owned property. City Engineering has reviewed and approved the drawings and is recommending approval of the easement request. RECOMMENDATION I would recommend that the "Grant of Retaining Wall Easement" for the private retaining wall over City owned right of way property on Helen Ridge Court in North Grandview Estates No. 2 be forwarded to City Council to be set for public hearing. ACTION REQUESTED The attached resolution should be submitted to the City Council for consideration and to set a public hearing on June 21, 2021 for the granting of a retaining wall easement to Ehrlich Properties, L.L.C. for a private retaining wall over City owned right of way property on Helen Ridge Court in North Grandview Estates No. 2. Prepared by Nate Kieffer, PLS, PE cc: Bob Schiesl, Assistant City Engineer 2 Prepared by Nate Kieffer, City of Dubuque Engineering, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4100 RESOLUTION NO. 186-21 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST BY GRANT OF RETAINING WALL EASEMENT TO EHRLICH PROPERTIES, L.L.C. ACROSS PART OF THE HELEN RIDGE COURT RIGHT OF WAY IN NORTH GRANDVIEW ESTATES NO. 2, CITY OF DUBUQUE, IOWA Whereas, Ehrlich Properties, L.L.C. has requested a "Grant of Retaining Wall Easement" across part of the Helen Ridge Court right of way in North Grandview Estates No. 2, City of Dubuque, Iowa, for a private retaining wall; and Whereas, Buesing and Associates Inc. has prepared and submitted to the City Council an exhibit showing the easement area for the proposed private retaining wall across part of the Helen Ridge Court right of way in North Grandview Estates No. 2, City of Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to grant a retaining wall easement to Ehrlich Properties, L.L.C. across part of the Helen Ridge Court right of way in North Grandview Estates No. 2, City of Dubuque, Iowa, as shown on the attached Exhibit A. Section 2. That a public hearing on the intent to dispose of City interest by Grant of Retaining Wall Easement to Ehrlich Properties, L.L.C. across part of the Helen Ridge Court right of way in North Grandview Estates No. 2, City of Dubuque, Iowa, is hereby set for the 21 st day of June 2021, at the Historic Federal Building (and/or by virtual means), 350 W. 6th Street, Dubuque, Iowa, beginning at 6:30 p.m., and the City Clerk be and is hereby authorized and directed to cause a notice of public hearing on the intent to dispose of said interest to be published in the manner as prescribed by law. Passed, approved and adopted this 7tn day of June 2021. — / , P, /�j Roy`D. uol, Mayor Attest: Wn a- X, o In, � /7 A 4 g/& � a Adrienne N. Breitfelder, City Clerk CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, lowa will hold a public hearing on the 21St day of June 2021 at 6:30 p.m. virtually at which meeting the City Council proposes to grant a private retaining wall easement over the following described real property to Ehrlich Properties, L.L.C.: A PART OF THE HELEN RIDGE COURT RIGHT OF WAY IN NORTH GRANDVIEW ESTATES NO. 2, IN THE CITY DUBUQUE, IOWA, Due to the ongoing COVID-19 pandemic, the City Council will meet virtually through GoToMeeting. The official agenda will be posted on June 18, 2021 and will contain listening, viewing, and public input options. The City Council agenda can be accessed at https://cityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, ctvclerk _cityofdubuque.orq. Copies of supporting documents for the public hearing are on file in the City Clerk's Office, City Hall, 50 W. 13t" St., Dubuque, lowa. To comply with social distancing mandates, documents can be viewed at https://www.cityofdubuque.orq/Aqendas or by contacting the City Clerk's Office at 563-589-4100. Written comments regarding the above public hearing should be submitted to the City Clerk's Office, 50 W. 13t" St., Dubuque, IA 52001, ctyclerk cityofdubuque.orq, on or before said time of public hearing. At said time of public hearing all interested citizens and parties will be given an opportunity to submit online written comments for or against said proposal. Individuals with limited English proficiency, vision, hearing or speech impairments or requiring special assistance should contact the City Clerk's Office at (563) 589-4100, TDD/TTY (563) 690-6678, ctyclerk _cityofdubuque.orq as soon as feasible. Deaf or hard- of-hearing individuals can use Relay lowa by dialing 711 or (800) 735-2942. Published by order of the City Council given on the 7t" day of June 2021. Adrienne N. Breitfelder, City Clerk Prepared by: Nate Kieffer 50 W. 13t" Street Dubuque lowa 52001 (563-589-4270) Return to: Nate Kieffer 50 W. 13t" Street Dubuque lowa 52001 (563-589-4270) GRANT OF RETAINING WALL EASEMENT For and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, the City of Dubuque ("Grantor"), of Dubuque County, State of lowa, does hereby grant, sell and convey to Ehrlich Properties, L.L.C. ("Grantee"), its lessees, licensees, successors and assigns, from the date hereof, an easement through, under and across the following described real estate situated in Dubuque, lowa, to wit: A PART OF THE HELEN RIDGE COURT RIGHT OF WAY IN NORTH GRANDVIEW ESTATES NO. 2, IN THE CITY DUBUQUE, IOWA, AS SHOWN ON THE ATTACHED EASEMENT EXHIBIT A. Said easement shall be as shown on the attached Easement Exhibit A, for the purpose of constructing and maintaining a private retaining wall, foundation, safety railing, and appurtenances as shown in the approved subdivision improvements plans for North Grandview Estates No. 2 on file with the City Engineer (the Improvements), along with the right, privilege and authority to survey, inspect, construct, reconstruct, alter, maintain, repair, replace, 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. Grantee is solely responsible for the maintenance of the Improvements in the easement area and shall at all times keep the wall, foundation, safety railing and all appurtenances in a state of good repair. Grantee, its successors and assigns, agrees to pay for any damage caused to the land, sidewalk, roadway, utilities, or other personal property of Grantor from the construction, repair, replacement, or maintenance of said Improvements. Grantee shall be responsible for all costs associated with any traffic control required with the maintenance, repair or 04262021 rnk replacement of the Improvements. Grantee will be responsible for the replacement of any disturbed or damaged pavement, curbing, utilities, sidewalk, or any other property owned by the Grantor arising from the maintenance, repair, or replacement of the Improvements. The City reserves unto itself the perpetual right for the purpose of erecting, installing, constructing, reconstructing, maintaining, owning, operating and repair of streets, storm and sanitary sewers, watermain, gas, telephone, television, fiber optics cable, and electrical lines above or below said private Improvements as such utilities would not interfere with the existence and maintenance of the private Improvements. Indemnification. Grantee shall defend, indemnify and hold harmless Grantor, its officers, agents and employees from and against any claim and cost of any kind, including without limitation, attorneys' fees and consulting fees, arising out any surveying, inspection, construction, reconstruction, alteration, replacement, maintenance, repair, patrol or removal of said Improvements. This obligation shall survive the termination of this Grant of Retaining Wall Easement. Insurance. Grantee shall provide insurance as set forth in the attached Insurance Schedule during surveying, inspection, construction, reconstruction, alteration replacement, maintenance, repair, patrol or removal of said Improvements. To have and to hold unto the said Grantee forever, and the undersigned does hereby expressly covenant that Grantor is the owner in fee of said real estate and has good right to execute this Grant of Retaining Wall Easement. Dated at Dubuque, lowa this day of , 2021. [SIGNATURE PAGES TO FOLLOW] 2 CITY OF DUBUQUE By: Roy Buol, Mayor NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this day of , 2021 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Roy Buol, Mayor of the City of Dubuque, who executed the within and foregoing instrument and acknowledged that he executed the same as his voluntary act and deed on behalf of the Grantor. Notary Public In and For Said State 3 ACCEPTANCE OFEASEMENT Ehrlich Properties, L.L.C. accepts the terms and conditions of the Grant of Retaining Wall Easement. EHRLICH PROPERTIES, L.L.C. By: Richard J. Ehrlich, Managing Member NOTARY PUBLIC STATE OF IOWA ) ) SS. COUNTY OF DUBUQUE ) On this day of , 2021, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Richard J. Ehrlich, Managing Member, who executed the within and foregoing instrument and acknowledged that he/she executed the same as his/her voluntary act and deed on behalf of Ehrlich Properties, L.L.C. Notary Public In and For Said State 4 EXHIBIT A 5 EXHIBIT A RETAINING WALL EASEMNENT ACROSS HELEN RIDGE CT. ROW, in the City of Dubuque, lowa. 32ND ST. (64' ROW) S89°48'01"E 464.40' Row 17�07' , i 222.72' i i i i � i 239J9' i � 1 � 1 � � 1 � w� ', � I, ', SCA�E 1" _ �0' � > � N o o w �� . � '� � � �- � � � � � Q � � � � �� ', � I '� �' ��' �0' � �z Q �� xrc ,o� saNi raRY � �w z �i � I�10' SEWER EqSEMENT i z � I �i XTG PER FILE # i 10'Jj�ZO' STE 2006-0001 0536 � i 1--J i �--- ;� I � i � I � LOT 2-2 i r- NORTH GRANDVIEW � 3 �� °54'45"W ESTATES N0.4 j � � 6J0' i � Q I � � I Z i � I � �r� � CURVE DATA � � w CHORD CHORD ARC i �� z �, CURVE gEARING LENGTH RADIUS LENGTH DELTA � o�w � C1 S88°4511"W 2208' 146.00' 2210' 8°40'28" � ~ I W J=a J � o w �? � � THIS IS AN ASSUMED j Q z ��w BEARING FOR THE PURPOSES i N Q Q� OF THIS SURVEY ONLY. i � w � �3a i � W C1 � 101.00' N86�54'35"W 185.66' j � ; 84.66' i � i ; Row i Q L__------- � � � _______ _______ � i HELEN RIDGE CT (42' ROW) � _ � � � � � ' o ROW � , z --- � ------ � ,,-- ------------ � � NORTH GRANDVIEW ESTATES N0 2 � i i LOT 14 � LOT 13 LOT 12 � �' i LEGEND • 5�8" REROD (FOUND) W� ORANGE CAP STAMPED "15487" UNLESS NOTED OTHERWISE PROPERTY LINE �UESING -------------- E A S E M E N T LI N E EXISTING EASEMENT LINE nssocin7Es wC. ENClNF.FRS' AND SURVE7'ORS CENTERLINE RECORD DIMENSION �ziz _ocus. sT, ouauoue, in � � (563) 556-4389 ROW RIGHT OF WAY NOTES DRAWN BY: TPL CHECKED BY SF SQUARE FEET 1. ALL MEASUREMENTS ARE IN FEET AND SURVEY DATE 11/13/18 PLOT DATE 12/2/20 AC ACRES DECIMALS THEROF. XTG EXISTING 2. THIS PLAT IS SUBJECT TO EASEMENTS owc. No. �soai-35 SCn�E i" = ao' STE STORM SEWER EASEMENT OF RECORD AND NOT OF RECORD. S H E E T � O F I INSURANCE SCHEDULE 6 City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees INSURANCE SCHEDULE A 1. shall furnish a signed certificate of insurance to the City of Dubuque, lowa for the coverage required in Exhibit I prior to the lease, license, or permit commencement. All lessees of City property and right of way licensees or permittees shall submit an updated certificate annually. Each certificate shall be prepared on the most current ACORD form approved by the lowa Insurance Division or an equivalent. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. Lease Agreement dated 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in lowa and all insurers shall have a rating of A or better in the current A.M. BesYs Rating Guide. 3. Each certificate shall be furnished to the Finance Department of the City of Dubuque. 4. The lessee, licensee, or permittee shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. Failure to provide the required minimum coverage shall not be deemed a waiver of such requirements by the City of Dubuque. 5. Failure to obtain or maintain the required insurance shall be considered a material breach of the lease, license, or permit. 6. All required endorsements shall be attached to certificate. 7. Whenever a specific ISO form is referenced the current edition of the form must be used unless an equivalent form is approved by the Director of Finance and Budget. The lessee, licensee, or permittee must identify and list in writing all deviations and exclusions from the ISO form. 8. If lessee's, licensee's, or permittee's limits of liability are higher than the required minimum limits then the lessee's, licensee's, or permittee's limits shall be this agreement's required limits. 9. Lessee, licensee, or permittee shall require all subcontractors and sub-subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub-subcontractors. Lessee, licensee, or permittee agrees that it shall be liable for the failure of a subcontractor and sub-subcontractor to obtain and maintain such coverage. The City may request a copy of such certificates from the lessee, licensee, or permittee. 10. Lessee, license & permittees shall be responsible for deductibles and self-insured retention and for payment of all policy premiums and other costs associated with the insurance policies required below. 11. All certificates of insurance must include agents name, phone number and email address. 12. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 13. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the agreement, subject to mutual agreement of the parties. Page 1 of 4 Schedule A Lessees of City Property; Right of Way Licensees or Permittees April 2021 City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees INSURANCE SCHEDULE A (Continued) EXHIBIT I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products-Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit(any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 0001, or Business owners form BP 00 02, shall be clearly identified. 2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit." 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement (Sample attached). 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10 (Ongoing operations)or its equivalent. 6) Policy shall include Waiver of Right to Recover from Others Endorsement. B) WORKERS' COMPENSATION 8� EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by lowa Code Chapter 85. Coverage A Statutory—State of lowa Coverage B Employers Liability Each Accident $100,000 Each Employee-Disease $100,000 Policy Limit-Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Coverage B limits shall be greater if required by the umbrella/excess insurer. OR If, by lowa Code Section 85.1A, the lessee, licensee, or permittee is not required to purchase Workers' Compensation Insurance, the lessee, licensee, or permittee shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the lowa Workers' Compensation Insurance Commissioner, as required by lowa Code Section 87.22. Completed form must be attached. Page 2 of 4 Schedule A Lessees of City Property; Right of Way Licensees or Permittees April 2021 City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees INSURANCE SCHEDULE A (Continued) C) POLLUTION LIABILITY Coverage required: _Yes _No Pollution liability coverage shall be required if the lessee, contracting party, or permittee has any pollution exposure for abatement of hazardous or contaminated materials including, but not limited to, petroleum products, the removal of lead, asbestos, or PCBs. Pollution product and completed operations coverage shall also be covered. Each occurrence $2,000,000 Policy Aggregate $4,000,000 1) Policy to include job site and transportation coverage. 2) Include additional insured for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 2010. (Ongoing operations)or its equivalent and CG2037(completed operations)or its equivalent. 3) Include Preservation of Governmental Immunities Endorsement. 4) Provide evidence of coverage for 5 years after completion of project. D) PROPERTY INSURANCE REQUIRED BY LEASE, LICENSE, OR PERMIT Yes No Evidence of property coverage provided: _Yes Include the City of Dubuque as Lender Loss Payable. E) RIGHT-OF-WAY WORK ONLY: UMBRELLA/EXCESS $1,000,000 Yes No The General Liability, Automobile Liability and Workers Compensation insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including Waiver of Subrogation AND Primary and Non-contributory in favor of the City. F) FLOOD INSURANCE Yes No If Required Coverage $ Page 3 of 4 Schedule A Lessees of City Property; Right of Way Licensees or Permittees April 2021 City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule may result in the waiver of the City's governmental immunities provided in lowa Code sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent form. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunitv. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, lowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, lowa under Code of lowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coveraqe. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of lowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of lowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunitv. The City of Dubuque, lowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non-Denial of Coveraae. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, lowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, lowa. No Other Chanqe in Policv. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 4 of 4 Schedule A Lessees of City Property; Right of Way Licensees or Permittees April 2021