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Grants of Easements for Hike/Bike Trail and Public Utilities for Chavenelle Road Hike/Bike Trail Project - Phase 2City of Dubuque City Council Meeting Consent Items # 20. Copyrighted September 7, 2021 ITEM TITLE: Acceptance of Grants of Easements for Hike/Bike Trail and Public Utilities from Property Owners on Chavenelle Road in the City of Dubuque as Part of the Chavenelle Road Hike/Bike Trail Project - Phase 2 SUMMARY: City Manager recommending acceptance of a Grant of Easement from Dubuque Initiatives, Chavenelle Warehouse Development, LLC, A.Y. McDonald Mfg. Co., F.H. Uelner Precision Tools and Dies, Inc. and AB(MC)2, LLC for hike/bike trail and public utilities as part of the Chavenelle Road Hike/Bike Trail Project- Phase 2. SUGGESTED DISPOSITION: ATTACHMENTS: Description RESOLUTION Accepting Grants of Easement for hike/bike trail and public utilities associated with the Chavenelle Road Hike/Bike Trail Project - Phase 2, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Chavenelle Road Hike -Bike Trail-MVM Memo Staff Memo Resolution AY Easement CW D Easement DI Easement Rite Hite Easement Uelner Easement Type City Manager Memo Staff Memo Resolutions Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation THE CITY OF Dubuque DUB TEE All -America City Masterpiece on the Mississippi � pp zoo�•*o 13 zoi720zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of Grants of Easements for Hike/Bike Trail and Public Utilities from Property Owners on Chavenelle Road in the City of Dubuque as Part of the Chavenelle Road Hike/Bike Trail Project - Phase 2 DATE: August 30, 2021 Assistant City Engineer Bob Schiesl recommends City Council acceptance of a Grant of Easement from Dubuque Initiatives, Chavenelle Warehouse Development, LLC, A.Y. McDonald Mfg. Co., F.H. Uelner Precision Tools and Dies, Inc. and AB(MC)2, LLC for hike/bike trail and public utilities as part of the Chavenelle Road Hike/Bike Trail Project - Phase 2. 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 Bob Schiesl, Assistant City Engineer THE CITY OF DUB bE Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager Gus Psihoyos, City Engineer FROM: Bob Schiesl, Acting City Engineer Dubuque ill-Awdee ah 201Y/ • 2012 2013.2017 SUBJECT: Acceptance of Grants of Easement for Hike/Bike Trail and Public Utilities from Property Owners on Chavenelle Road in the City of Dubuque as Part of the Chavenelle Road Hike/Bike Trail Project — Phase 2 DATE: August 26, 2021 INTRODUCTION The purpose of this memorandum is to seek acceptance of a Grants of Easement for Hike/Bike Trail and Public Utilities across properties along Chavenelle Road in the City of Dubuque as part of the Chavenelle Road Hike/Bike Trail Project — Phase 2. DISCUSSION The Phase 2 project includes construction of a new hike/bike trail along Chavenelle Rd. from Radford Road to the Northwest Arterial. The trail will be located on the north side of Chavenelle Rd. in the Dubuque Industrial Center business park. The concrete trail will be ten feet in width. Chavenelle Rd. currently has limited sidewalks and therefore pedestrians have to walk in the street in many places. The proposed project will connect to the hike/bike trail along the NW Arterial which extends from Holliday Dr. to Chavenelle Rd. This trail will ultimately connect future bike trails on the Southwest Arterial and to the Mississippi River Trail. The proposed trail alignment sits on portions of private property owned by Dubuque Initiatives, Chavenelle Warehouse Development, LLC, A.Y. McDonald MFG. Co., F.H. Uelner Precision Tools and Dies, Inc., and AB(MC)2, LLC (Rite Hite Corporation) on Chavenelle Road. The City proposes to acquire temporary and permanent hike/bike trail and public utilities easements created for the purpose of constructing, operating, and maintaining the proposed trail improvements across the property. The grants of easement and plats are shown in the attached exhibits. RECOMMENDATION I recommend accepting the Grants of Easement for Hike/Bike Trail and Public Utilities from Dubuque Initiatives, Chavenelle Warehouse Development, LLC, A.Y. McDonald MFG. Co., F.H. Uelner Precision Tools and Dies, Inc., and AB(MC)2, LLC as identified on the attached resolution and as shown on the exhibits attached to the Grants of Easement. ACTION TO BE TAKEN I respectfully request acceptance of the dedication of Grant of Easement for Hike/Bike Trail and Public Utilities from the respective Chavenelle Road owners through the adoption of the enclosed resolution. 2 Preoared by: Nate Kieffer, City of Dubuque. 50 W. 13" Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13" Street, Dubuque IA 52001 (563) 589-4270 RESOLUTION NO. 301-21 ACCEPTING GRANTS OF EASEMENT FOR HIKE/BIKE TRAIL AND PUBLIC UTILITIES ASSOCIATED WITH THE CHAVENELLE ROAD HIKE/BIKE TRAIL PROJECT - PHASE 2, IN THE CITY OF DUBUQUE, IOWA Whereas, Dubuque Initiatives, has executed a Grant of Easement for Hike/Bike Trail and Public Utilities across Part of Lot 2-3 of Dubuque Industrial Center 12th Addition, in the City of Dubuque, Iowa; and Whereas, Chavenelle Warehouse Development, LLC, has executed a Grant of Easement for Hike/Bike Trail and Public Utilities across Part of Lot 1 of Dubuque Industrial Center 6th Addition, in the City of Dubuque; and Whereas, A.Y. McDonald MFG. Co., has executed a Grant of Easement for Hike/Bike Trail and Public Utilities across Part of Lot 3 of Dubuque Industrial Center 9th Addition, in the City of Dubuque, Iowa; and Whereas, F.H. UELNER PRECISION TOOLS & DIES, INC., has executed a Grant of Easement for Hike/Bike Trail and Public Utilities across Part of Lot 2-2 of Dubuque Industrial 6th Addition", in the City of Dubuque, Iowa; and Whereas, AB(MC)2, LLC., has executed a Grant of Easement for Hike/Bike Trail and Public Utilities across Parts of Lots 1 and 2 of the "Final Plat of the Subdivision of Lot 1 of Dubuque Industrial First Addition", in the City of Dubuque. 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 Grants of Easement for Hike/Bike Trail and Public Utilities, across the properties as listed above, in the City of Dubuque, Iowa from the property owners as listed above, copies of which are 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. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution with each said Grant of Easement for Hike/Bike and Public Utilities in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 71h day of September 2021. Roy D. Buol, Mayor Attest: akcP.tImP. U/ Ae�v Adrienne N. Breitfelder, City Clerk 111111115111111111111111 Doc ID: 01 08 18130007 Type: GEN Kind: EASEMENT Recorded: 09/09/2021 at 01:36:49 PM Fee Amt: $37.00 Pape 1 of 7 Dubuque County Iowa John Murphy Recorder File2021-00014997 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 131 Street, Dubuque, Iowa 52001 (563)589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13w Street, Dubuque, Iowa 52001 (563)589-4270 GRANT OF EASEMENT FOR HIKE/BIKE TRAIL AND PUBLIC UTILITIES For and in consideration of the sum of Ten and 00/100's ($10.00) and other good and valuable consideration, A.Y. McDonald MFG. Co., an Iowa Corporation, ("Grantor") does hereby grant to the City of Dubuque ("Grantee"), a municipal corporation, its agents and contractors, from the date hereof, a right of way and easement through, under and across the following described real estate situated in Dubuque County, Iowa, to wit: Part of Lot 3 of Dubuque Industrial Center 9th Addition, in the City 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 a public hike/bike trail and public utilities 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. Together with the right to enter upon said property and occupy the temporary easement area as shown on the attached Exhibit B during the period of construction until the project is accepted by City Council. It is understood and agreed that the Grantee herein shall restore the disturbed area due to the construction, maintenance or repair of said hike/bike trail and public utilities 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. �)i 00 Ma En91neerMh 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 hike/bike trail and public utilities thereon or therein. Dated at Dubuque, Iowa this `��` day of , 2021. A.Y. MCDON/ALD MFG. CO. L ` By: Robert D. McDonald Il, President NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this as day of AN � , A.D., 2021 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Robert D. McDonald II, 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. o�ui a. fPAC 'ra L . 3CT-: CE{E ? OF:r( issioP� Number 7793E JkIotary Public In and For Said State Prepared By: Nate Kieffer 50 West 13th St. Dubuque,IA 52001 Ph:563-589-4270 (no • ROF * i° �� a p • +�w0 1 Q I• M • i I I O � — 1/1 Q � �' ..a N G ` N 'n • ' -n m ��•� CD 00 rr �'— ' � ? o o N y •aoi m oo� M :E 2 n 3 ~ fZTI i m m Ao ' r" I m 1 m tTl z N =-n z Z � " o v° OCD Z Nf� m n °z.� I � �1 : I o Z x Q�;q oZ w o , >�C�mM0I ZCn N' C \ N m N C i71 —I N N (�]�1 —a ^�w Y W O m O Z y N a 1 T i W Z � O C0 D m !� (n 3 N I N o z i11 111� om ic Q5 O C, C, m z ° = g I Z a W v D »D 47 M m ° m m 3 a m I 0)W O W C Cl)X co (A V1/ N 2 0 m f .•. n F 1 ' W W j V m �'j p A (n N 1 D C N Q N a I ' I 1 p N V O r CC m w m v Z� m �\i a m W o I'I'i T Ill G m 6 CD Z t o - T OZ0 I CT (O N W p o Z 07 < � a 1 �'DD z1 m 1 w b - O N cn >p�0 z Qv m X A o ! co m .,. D 1 � NOV 59' 53"W 382.01' (382.00') o ao p D o v m m D 1 :0 2 D ' I \ n;u -110 I pwZ N �m0 --I (WO r W ; C C) q 0' 3 (N y O —' TI m= Z O \ w D N f�*1 Z ;;o I z�_�� m II D� �'(0c O ; O m O ~P yr nl— ao w Il m —1 CC) z m I $C=mrn� �IZO� arn-4 90 4,>Z of i DmO-I L7� ON M Z� \ W Nin - - - m0 mi Cil I CKZ Z 0 C �\ \ o)-a `� �, N� wl P; 11i Zco ,• N�� ca=— o� /v D m \ ,` R. O 00 M C STI Z p Q Z 1 0 Cr \ �I i C: Z � p ` co o M " O mOm coo i m m n m I ' p D 2 �O m =m w m n X I A I O r "o n g m 0 M 0 m t/AWN� Z II D rn Z COS \ t o 1 1 /x '/ Z D C x i ' c m b� w N01 ° 59' 00"W 154.99' F - - - � - r _ 0 D < p m `� y �' o .� \, NOV 59' 00"W 154.99' D ucn \�'' Z= CHAVENELLE RD. (75' R.O.W.) a m o m o -� % �, D v v C04 m O C7 m (� 1 5 M m y �' m O N m i� Ql O rn C = D (nm{mA ym�om �_ cn V OZ r0 I � Ea NZ r m C m m��nm cA°�m r o m = `I x `� -- 03 C) 1�O�D nTC.''p ; C7 IA n 3z~ rm0cim c + 1 O X t— W "'� m� D �m�nm O m X0 X N �/1�v1 Zm_O '�O`.Z r D m m D O m pv'x>,m CA r h n m A j „woo M z, 7� m„ o D c/� -n A z m '11 D Z Qo pom0 0 O = m C) = z m 0 () p —I m 03 o z N C� zzmo m OT D OT _ oN to f 0m D � O D W z I" J m o `� m m X O x n ~f C:o Z m ,..m X z O r z z m O> N Z � m O m D m m -am Q m O D 3 ^' rn m CD M m rn 0 D C m �o z m Ln z z m m m m x U) T m m 7� F, a co ILI o It m 0 z > 7n m z m 0 00 010 > 00 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 131" Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque. 50 W. 1V1 Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 301-21 ACCEPTING GRANTS OF EASEMENT FOR HIKE/BIKE TRAIL AND PUBLIC UTILITIES ASSOCIATED WITH THE CHAVENELLE ROAD HIKE/BIKE TRAIL PROJECT - PHASE 2, IN THE CITY OF DUBUQUE, IOWA Whereas, Dubuque Initiatives, has executed a Grant of Easement for Hike/Bike Trail and Public Utilities across Part of Lot 2-3 of Dubuque Industrial Center 12th Addition, in the City of Dubuque, Iowa; and Whereas, Chavenelle Warehouse Development, LLC, has executed a Grant of Easement for Hike/Bike Trail and Public Utilities across Part of Lot 1 of Dubuque Industrial Center 6th Addition, in the City of Dubuque; and Whereas, A.Y. McDonald MFG. Co., has executed a Grant of Easement for Hike/Bike Trail and Public Utilities across Part of Lot 3 of Dubuque Industrial Center 9th Addition, in the City of Dubuque, Iowa; and Whereas, F.H. UELNER PRECISION TOOLS & DIES, INC., has executed a Grant of Easement for Hike/Bike Trail and Public Utilities across Part of Lot 2-2 of Dubuque Industrial 61h Addition", in the City of Dubuque, Iowa; and Whereas, AB(MC)2, LLC., has executed a Grant of Easement for Hike/Bike Trail and Public Utilities across Parts of Lots 1 and 2 of the "Final Plat of the Subdivision of Lot 1 of Dubuque Industrial First Addition", in the City of Dubuque. 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 Grants of Easement for Hike/Bike Trail and Public Utilities, across the properties as listed above, in the City of Dubuque, Iowa from the property owners as listed above, copies of which are 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. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution with each said Grant of Easement for Hike/Bike and Public Utilities in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 7Ih day of September 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk CERTIFICATE of the CITY CLERK STATE OF IOWA SS: COUNTY OF DUBUQUE ) I, Adrienne N. Breitfelder, City Clerk, 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. 301-21 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 8t" day of September, 2021. Adrienne N. Breitfelder, City Clerk Doc ID: 010818120007 Type: GEN Kind: EASEMENT Recorded: 09/09/2021 at 01:36:02 PM Fee Amt: $37.00 Paqe i of 7 Dubuque County Iowa John Murphy Recorder File2021-00014996 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. 13'h Street, Dubuque, Iowa 52001 (563)589-4270 GRANT OF EASEMENT FOR HIKE/BIKE TRAIL AND PUBLIC UTILITIES For and in consideration of the sum of Ten and 00/100's ($10.00) and other good and valuable consideration, Chavenelle Warehouse Development, LLC, a Wisconsin Corporation, ("Grantor") does hereby grant to the City of Dubuque ("Grantee"), a municipal corporation, its agents and contractors, from the date hereof, a right of way and easement through, under and across the following described real estate situated in Dubuque County, Iowa, to wit: Part of Lot 1 of Dubuque Industrial Center 6th Addition, in the City 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 a public hike/bike trail and public utilities 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. Together with the right to enter upon said property and occupy the temporary easement area as shown on the attached Exhibit B during the period of construction until the project is accepted by City Council. It is understood and agreed that the Grantee herein shall restore the disturbed area due to the construction, maintenance or repair of said hike/bike trail and public utilities 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. 3100 DBQ Eygineerincg 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 hike/bike trail and public utilities thereon or therein. Dated at Dubuque, Iowa this 5 day of AV� , 2021. CHAVEN LLE WAREHOUSE DEWLQFAMENT, LLC Clod M. Walsh, Member .:i7 PO4 UDE�y�i1 .. ��.,••• p NOTARY PUBLIC % f NOT i r q 9 STATE OF IOWA, i f 9,pUB(/C COUNTY OF DUBUQUE, SS: On this 5 day of A.D., 2021 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Chad M. Walsh, 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. b�("" Notary Public In and For Said State Reserved for Recorder Prepared By: Nate Kieffer 50 West 13th St. Dubuque,IA 52001 Ph:563-589-4270 RR OF ° �" LOT 2-3 DUB. IND. _ a T N •.•r"'•i.;�Ss, no m� \ a CENTER 12TH. ADD PER _ Cn A U) D ° INST. N0. 2006-1 1 108 0- S3 9 ..MN �• Qp 111 ' NOV 59' 53 W (382.00') V - d •Q CO + �• OD co No, , m Z :O i o ••• G1 {a m W A ° 0 I t n Z > aH ' a ��p 6�-i m m' J n r- I m O z w -I v (7 Z o S tilm0 0M;a m J�J Z I w D r l 0 m m o d d f-�*�1 `e mD O O I Z d o L N N A= ; O ' z v C r m O m o m o a c -. 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T I V � z r— m.o�T zxJ I I —ZI Z 90 mcco QiC 1 nI IlI 050C ado t- N o0 rn N v„mv 0 w N(n I zom C i< O • Z = N 1 'i D m �1 C 2 a z C7 � �..( O p Q� ' W Ov A "I O C! X K 0o 0 I w w C n m 2 Co n 7 �K Ito 'i ��-4 J Z r- I z:Em o m L I p0o D0�T C D D O I mD�; >� m M N z m ��m mmD �;�x m zO m mil\ NOV 59' S3"W 382.01' (382.00') D !Tl N (n(n \ Z O O v m too O m rn z 14 I w LOT 3 DUB. IND. D Q o Z CENTER 9TH. ADD PER n o I INST. NO. 1994-6672 �I I I I r- r N , W LL CO,C6 I LL m I u N L W I, I LU V w _ ho � N I LL I H� I I I O1 f.OtZ61 I {, co , I'I z x W N W w 0 I I C ofI' I G W cn Q i l.. W J J _ F � Q I c ieI 7� L 0 0 I w LL Q N � � N V LU 0 uwi�Q m � I r, W W a a z w w � I V/ f/� > , W 2 II 1 J U I 7 Z Z W 0 61 U = n / 41: In I N� LL 1 LL LL wo i Q I N I L.L I 0 M / I � I � � I W o NO C 81 CL LLJ I I m I Z I m 4 €�y I I W w w g' I W j s LL W W W W _ Z I' I O Q I I d a, LL 1 w o Z ) V , 1 '`�'" 0 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 1311 Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque. 50 W. 13"' Street, Dubuque IA 52001 (563) 589-4270 RESOLUTION NO. 301-21 ACCEPTING GRANTS OF EASEMENT FOR HIKE/BIKE TRAIL AND PUBLIC UTILITIES ASSOCIATED WITH THE CHAVENELLE ROAD HIKE/BIKE TRAIL PROJECT - PHASE 2, IN THE CITY OF DUBUQUE, IOWA Whereas, Dubuque Initiatives, has executed a Grant of Easement for Hike/Bike Trail and Public Utilities across Part of Lot 2-3 of Dubuque Industrial Center 12th Addition, in the City of Dubuque, Iowa; and Whereas, Chavenelle Warehouse Development, LLC, has executed a Grant of Easement for Hike/Bike Trail and Public Utilities across Part of Lot 1 of Dubuque Industrial Center 6th Addition, in the City of Dubuque; and Whereas, A.Y. McDonald MFG, Co., has executed a Grant of Easement for Hike/Bike Trail and Public Utilities across Part of Lot 3 of Dubuque Industrial Center 9th Addition, in the City of Dubuque, Iowa; and Whereas, F.H. UELNER PRECISION TOOLS & DIES, INC., has executed a Grant of Easement for Hike/Bike Trail and Public Utilities across Part of Lot 2-2 of Dubuque Industrial 61n Addition", in the City of Dubuque, Iowa; and Whereas, AB(MC)2, LLC., has executed a Grant of Easement for Hike/Bike Trail and Public Utilities across Parts of Lots 1 and 2 of the "Final Plat of the Subdivision of Lot 1 of Dubuque Industrial First Addition", in the City of Dubuque. 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 Grants of Easement for Hike/Bike Trail and Public Utilities, across the properties as listed above, in the City of Dubuque, Iowa from the property owners as listed above, copies of which are 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. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution with each said Grant of Easement for Hike/Bike and Public Utilities in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 7'h day of September 2021. i Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk CERTIFICATE of the CITY CLERK STATE OF IOWA SS: COUNTY OF DUBUQUE ) I, Adrienne N. Breitfelder, City Clerk, 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. 301-21 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 September, 2021. / /•I W- v Adrienne N. Breitfelder, City Clerk IIIIIII I I I II I I II I I I III IIIII iilll IIIII IIII II II IIII IIII Doc ID: 010818110007 Type: GEN Kind: EASEMENT Recorded: 09/09/2021 at 01:35:13 PM Fee Amt: $37.00 Paqe i of 7 Dubuque County Iowa John Murphy Recorder File2021-00014995 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13t' 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 HIKE/BIKE TRAIL AND PUBLIC UTILITIES For and in consideration of the sum of Ten and 00/100's ($10.00) and other good and valuable consideration, Dubuque Initiatives, an Iowa Corporation, ("Grantor") does hereby grant to the City of Dubuque ("Grantee"), a municipal corporation, its agents and contractors, from the date hereof, a right of way and easement through, under and across the following described real estate situated in Dubuque County, Iowa, to wit: Part of Lot 2-3 of Dubuque Industrial Center 12th Addition, in the City 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 a public hike/bike trail and public utilities 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. Together with the right to enter upon said property and occupy the temporary easement area as shown on the attached Exhibit B during the period of construction until the project is accepted by City Council. It is understood and agreed that the Grantee herein shall restore the disturbed area due to the construction, maintenance or repair of said hike/bike trail and public utilities 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. 3-100 ®DBQ Ehgineerl Y19 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 hike/bike trail and public utilities thereon or therein. Dated at Dubuque, Iowa this day of , 2021. DUBUQUE INITIATIVES By: (;�� t—� , —�c � Kevin J. Lynch, President NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: j2� On this day of Apse , A.D., 2021 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Kevin J. Lynch, 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. IAN CHARD HATCH Notarial Seal - Iowa Notary Public In and For Said State Commission Number 827446 My Commission Expires Nov 12, 2023 Reserved for Recorder Prepared By: Nate Kieffer 50 West 13th St. Dubuque,IA 52001 Ph:563-589-4270 Ro I o a p ...,. Cr m II S"p in r7r c O z : O m •�•., �� .-o D C .Z7 .Zl Cn T o N X 0 z m m O \ 1 2101.0 = D m p = �-M-1 „ z D 2 o °° w 0 '�' Z 0Cn /�,m OC z m <O :�] 3 N 0m m_ p I \, < -0 < � Z o w Z m I' m i1 m II \ � r (n 0 G� 0 D o d m _ n> C N ❑- x _ �7'7 O 111 1 m m .Z7 z = O W > [b r lTi l ° m Q`�' d r m Z Z p mo m m d o g I Z z r (7 C m v mo Z o, m i m y rn I .. O o s N a 1 m m 0 "<c 5mG V y � � ; I -n o � fit � d � 2 I I � m o d m 3 m �^ I m `1 � O� �I Cz D =D� 3 z -0* o of Wo xA7 o 3 m II I 0 A CCn A mm m o C a N znr _ in m m D `. a 3 II 11 II �ZO r cc o W z m nm MN o >m O z n OD z :U ( Z 0 ..1N m M M m l`J m Q 00 a7 � Q — z— _ _ ---- Cn Z �S02° 06' 40"E 75.16' D p REF. LINE ONLY ;0 z n wT m z amo I —� > � N m O ;10 m l (0 = A �I m _S0_ 0 � A N - - - 2° 06' 40'E 564.91' (584.91') - - - m ° I 0 C) 0— (t) —i z rn m p *I�m= 0 N p --{{ C. °' m -q M O�Cn a P7 o RADFORD RD. (77' R.O.W. m= mZ o9C 0— C m z z o< UT z CI 11 0° z� 0 ___ --- Co S � 1 1 r-� I � SOTO6' 40"E (553.73') Qm z _0 pz MT j u 00 m Om�' C 0 x N = ��°'„v� z�0 mm 0� m m � > ou p bo LOT 2-3 DUB. IND. M CENTER 12TH. ADD PER O r m INST. NO. 2006-11108 g m o M o m MINA WNW Z Z 0 f O c TX ����,�� m r I m 2 o mt > < -U �K M �II o N01" 59' 53"W (382.00') 10 y<mD O C7 rn lM Wm mmmm0 C (A Z n m>O0m 03 0a = ZOTm0Tm m � y -'1>Z p < ° spooN n `� I o (m Z CA = /11 inm<mm I o?" W m O tT1 C cmpmz �I jc��; v' _ D m Z r kJ ���„ cn v,> co O =( m m m^^ �M°m� Z0r m O0 °oD w y r D n{ i X = �T_ l 1 O>T zo �{ Z O z v O 0 i �_ A D Z C W� ~ rn m 0 m i'�,.) I m m A Z m (n 0 qj m D�m�q z� r r I A -1 c Z M<os-6c>r C I m m D N n m y' Z T C) N W (n z 0-I ° n r •uO1' °wxDm '4 c7 z /ram m �m Z 0w0m O C) Z D Z 90 occ� �� C (nC Rl �zmm (31m I m m N=Q7 A , C p„_ U w r zmO N z -1 O I � �Qo b 00 r- � m m o n A:) D m I om w �� m M w C ('( < z I m oy I Z o m z m m I k)�m� (A I -` m m w m �m o I O rn i7 pro i N m 0 mn, MI Z `� m ca W > ► 0 a w W' W � N� LU Nui I W' 1 C W 1 II W HA !� .. I U ul w 3 ► 0 U) I = � I I I I J i I I I I m cn I J I X ► C W I I L 1 I W I c i LU W w I I I r ^ /' ► W > G � I I Iv W U I L L Q I r I ' m II L Z w W ILU I 0 Z > U 1ccz I �4 <�e I T Wca a I 1+ C, LLJ CL f W I N N W ■�� w = 0?! ("do O o I � 46 8 w w W d m 2 LU O q O m LV w F— V 9 ix Z u Z G s a Molda 0 W w � a F a LU O - Prepared by: Nate Kieffer, City of Dubuque, 50 W. 1311 Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque 50 W. 13`, Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 301-21 ACCEPTING GRANTS OF EASEMENT FOR HIKE/BIKE TRAIL AND PUBLIC UTILITIES ASSOCIATED WITH THE CHAVENELLE ROAD HIKEIBIKE TRAIL PROJECT - PHASE 2, IN THE CITY OF DUBUQUE, IOWA Whereas, Dubuque Initiatives, has executed a Grant of Easement for Hike/Bike Trail and Public Utilities across Part of Lot 2-3 of Dubuque Industrial Center 12th Addition, in the City of Dubuque, Iowa; and Whereas, Chavenelle Warehouse Development, LLC, has executed a Grant of Easement for Hike/Bike Trail and Public Utilities across Part of Lot 1 of Dubuque Industrial Center 6th Addition, in the City of Dubuque; and Whereas, A.Y. McDonald MFG. Co., has executed a Grant of Easement for Hike/Bike Trail and Public Utilities across Part of Lot 3 of Dubuque Industrial Center 9th Addition, in the City of Dubuque, Iowa; and Whereas, F.H. UELNER PRECISION TOOLS & DIES, INC., has executed a Grant of Easement for Hike/Bike Trail and Public Utilities across Part of Lot 2-2 of Dubuque Industrial 61h Addition", in the City of Dubuque, Iowa; and Whereas, AB(MC)2, LLC., has executed a Grant of Easement for Hike/Bike Trail and Public Utilities across Parts of Lots 1 and 2 of the "Final Plat of the Subdivision of Lot 1 of Dubuque Industrial First Addition", in the City of Dubuque. 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 Grants of Easement for Hike/Bike Trail and Public Utilities, across the properties as listed above, in the City of Dubuque, Iowa from the property owners as listed above, copies of which are 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. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution with each said Grant of Easement for Hike/Bike and Public Utilities in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 7th day of September 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk CERTIFICATE of the CITY CLERK STATE OF IOWA SS: COUNTY OF DUBUQUE ) I, Adrienne N. Breitfelder, City Clerk, 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. 301-21 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 September, 2021. /I kt�fA4'- Adrienne N. Breitfelder, City Clerk i iioio iiioi iii ioo iioi ioo ioo iiio loll iiii Dili iiiii ii oil iio Doc ID: 010818150006 Type: iii Kind: EASEMENT Recorded: Amtf : $32.00 Page I of PM g Fee Dubuque County Iowa John Murphy Recorder File202 i-00014999 Prepared by: Nate Kieffer. City of Dubuque. 50 W. 13"' Street, Dubuque, Iowa 52001 (563)589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 1 V1 Street, Dubuque, Iowa 52001 (563)589-4270 GRANT OF EASEMENT FOR HIKE/BIKE TRAIL AND PUBLIC UTILITIES For and in consideration of the sum of Ten and 00/100's ($10.00) and other good and valuable consideration, AB(MC)2, LLC, a Wisconsin Limited Liability Company, ("Grantor") does hereby grant to the City of Dubuque ("Grantee"), a municipal corporation, its agents and contractors, from the date hereof, a right of way and easement through, under and across the following described real estate situated in Dubuque County, Iowa, to wit: The easterly 4' (four feet) Lots 1 and 2 of the "Final Plat of the Subdivision of Lot 1 of Dubuque Industrial First Addition", in the City 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 a public hike/bike trail and public utilities 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. Together with the right to enter upon said property and occupy the temporary easement area as shown on the attached Exhibit A during the period of construction until the project is accepted by City Council. It is understood and agreed that the Grantee herein shall restore the disturbed area due to the construction, maintenance or repair of said hike/bike trail and public utilities 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 320 � DgQ �ng`ne�ri n9 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 hike/bike trail and public utilities thereon or therein. A4.1 vkxoA10-, �ZSCLrs1 h y� Dated at Dubuque, Iowa this -7 day of --SUkk ��, 2021. AB(MC)2, LLC By- M16hael H. White, Manager NOTARY PUBLIC STATE OF 16ilhfk, COUNTY OF DbTKJet: E, SS: On this / day of J \A- , A.D., 2021 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Michael H. White, to me known to be the identical person(s) named in and who executed the within and foregoing instrument, to which this is attached, jp'ai ii-i , ©'' acknowledged that they executed the same as their voluntary act and deed` Notary Public In and For aic ,Mic,]Eip,lle Gotz nrrrrniu+► ( obwr 3pZo z3 II I I I I I w O w LL LL o'v II o a v Q1L i�O1q II N N� W N\O j I p K I w U U w (n I 1 1 Z Q O w i I QO ~ LL �O 1 w x II W LL n F<- LL ✓ // o u4 I / O aLIJ '' U i O J I O = � oN wV u �oo I of J fe < W Q 1 I o.- llo; �ILLL b' l� U a O I — I � � I i6 n N I 1 � 0 �011 I e� 1 / LU 4] co Z I NO W I I Z Z 70 I W 2i W 2 I U) U 7 I Q w Q w o �r �aUt } Z Z I < O m I d I 1 I w w < I � I ir Q 0 I C4 Prepared by: Nate Kieffer City of Dubuque, 50 W. 131" Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer City of Dubuque 50 W. 13'" Street Dubuque IA 52001 (563) 589-4270 RESOLUTION NO. 301-21 ACCEPTING GRANTS OF EASEMENT FOR HIKE/BIKE TRAIL AND PUBLIC UTILITIES ASSOCIATED WITH THE CHAVENELLE ROAD HIKE/BIKE TRAIL PROJECT - PHASE 2, IN THE CITY OF DUBUQUE, IOWA Whereas, Dubuque Initiatives, has executed a Grant of Easement for Hike/Bike Trail and Public Utilities across Part of Lot 2-3 of Dubuque Industrial Center 12th Addition, in the City of Dubuque, Iowa; and Whereas, Chavenelle Warehouse Development, LLC, has executed a Grant of Easement for Hike/Bike Trail and Public Utilities across Part of Lot 1 of Dubuque Industrial Center 6th Addition, in the City of Dubuque; and Whereas, A.Y. McDonald MFG. Co., has executed a Grant of Easement for Hike/Bike Trail and Public Utilities across Part of Lot 3 of Dubuque Industrial Center 9th Addition, in the City of Dubuque, Iowa; and Whereas, F.H. UELNER PRECISION TOOLS & DIES, INC., has executed a Grant of Easement for Hike/Bike Trail and Public Utilities across Part of Lot 2-2 of Dubuque Industrial 61n Addition", in the City of Dubuque, Iowa; and Whereas, AB(MC)2, LLC., has executed a Grant of Easement for Hike/Bike Trail and Public Utilities across Parts of Lots 1 and 2 of the "Final Plat of the Subdivision of Lot 1 of Dubuque Industrial First Addition", in the City of Dubuque. 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 Grants of Easement for Hike/Bike Trail and Public Utilities, across the properties as listed above, in the City of Dubuque, Iowa from the property owners as listed above, copies of which are 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. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution with each said Grant of Easement for Hike/Bike and Public Utilities in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 7ch day of September 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk CERTIFICATE of the CITY CLERK STATE OF IOWA SS: COUNTY OF DUBUQUE ) I, Adrienne N. Breitfelder, City Clerk, 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. 301-21 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 September, 2021. a""7,x � /l' &4 A � ,- - Adrienne N. Breitfelder, City Clerk Doc ID: 010818140006 Type: GEN Kind: EASEMENT Recorded: 09/09/2021 at 01:37:37 PM Fee Amt: $32.00 Paqe 1 of 6 Dubuque County Iowa John Murphy Recorder File 202 1-000149 V V Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13"' Street Dubuque, Iowa 52001 (563)589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13'h Street, Dubuque, Iowa 52001 (563)589-4270 GRANT OF EASEMENT FOR HIKE/BIKE TRAIL AND PUBLIC UTILITIES For and in consideration of the sum of Ten and 00/100's ($10.00) and other good and valuable consideration, F.H. UELNER PRECISION TOOLS & DIES, INC., an Iowa Corporation, ("Grantor") does hereby grant to the City of Dubuque ("Grantee"), a municipal corporation, its agents and contractors, from the date hereof, a right of way and easement through, under and across the following described real estate situated in Dubuque County, Iowa, to wit: A part of Lot 2-2 of Dubuque Industrial 6th Addition", in the City 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 a public hike/bike trail and public utilities 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. Together with the right to enter upon said property and occupy the temporary easement area as shown on the attached Exhibit A during the period of construction until the project is accepted by City Council. It is understood and agreed that the Grantee herein shall restore the disturbed area due to the construction, maintenance or repair of said hike/bike trail and public utilities 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. Vo a Engineering 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 hike/bike trail and public utilities thereon or therein. Dated at Dubuque, Iowa this STATE OF IOWA, COUNTY OF DUBUQUE, SS: // rl� day of Avex-US .r , 2021. F.H. UELNER PRECISION TOOLS & DIES, INC. --TBy: Thomas A. Uelner, President NOTARY PUBLIC On this 1-1 Tl-1 day of ff✓d'-'g 7 , A.D., 2021 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Thomas A. Uelner, 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. WM09 fER778626fires 7� M IC-i� Notary Public In and For Said State 0 Im 1 I m i m D I pn 1 To 1 rlu/ O m D i 0 Z G T I m —Zi m �7 m I ;102.00 \ eo F p C D U) m D Cl) m 1 I O� y co 3 Q m m x I ; o� Rm Z Z U I I 5 � o Z D I ' C 5 I m 1 I Icy m m (D I z a z m A m 1 IQ N 1103 C I r e��ppn o N < e j m H ^` I m O r+ P � I I OT>po m n To T mu I 'm D � ;104YC I I Z m r r I 2 0 T to o m - � r � I I _ I0• jtOStG mLn I I I I (D IpD � I I w fD r '{ I I J I V m ar N I m D I „a cn n I Ir� I I I I I I �I � 2 m 7� D r I m _mN I O A m `? 1�01#0 I � II � I I I II Prepared by: Nate Kieffer. City of Dubuque, 50 W. 13" Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer. Citv of Dubuque. 50 W. 1 V' Street, Dubuque, IA 52001 (563) 5894270 RESOLUTION NO. 301-21 ACCEPTING GRANTS OF EASEMENT FOR HIKE/BIKE TRAIL AND PUBLIC UTILITIES ASSOCIATED WITH THE CHAVENELLE ROAD HIKE/BIKE TRAIL PROJECT - PHASE 2, IN THE CITY OF DUBUQUE, IOWA Whereas, Dubuque Initiatives, has executed a Grant of Easement for Hike/Bike Trail and Public Utilities across Part of Lot 2-3 of Dubuque Industrial Center 12th Addition, in the City of Dubuque, Iowa; and Whereas, Chavenelle Warehouse Development, LLC, has executed a Grant of Easement for Hike/Bike Trail and Public Utilities across Part of Lot 1 of Dubuque Industrial Center 6th Addition, in the City of Dubuque; and Whereas, A.Y. McDonald MFG. Co., has executed a Grant of Easement for Hike/Bike Trail and Public Utilities across Part of Lot 3 of Dubuque Industrial Center 9th Addition, in the City of Dubuque, Iowa; and Whereas, F.H. UELNER PRECISION TOOLS & DIES, INC., has executed a Grant of Easement for Hike/Bike Trail and Public Utilities across Part of Lot 2-2 of Dubuque Industrial 6tt, Addition", in the City of Dubuque, Iowa; and Whereas, AB(MC)2, LLC., has executed a Grant of Easement for Hike/Bike Trail and Public Utilities across Parts of Lots 1 and 2 of the "Final Plat of the Subdivision of Lot 1 of Dubuque Industrial First Addition", in the City of Dubuque. 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 Grants of Easement for Hike/Bike Trail and Public Utilities, across the properties as listed above, in the City of Dubuque, Iowa from the property owners as listed above, copies of which are 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. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution with each said Grant of Easement for Hike/Bike and Public Utilities in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 7'h day of September 2021. e Roy D. Buol, Mayor Attest: A Adrienne N. Breitfelder, City Clerk CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Adrienne N. Breitfelder, City Clerk, 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. 301-21 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 September, 2021. Adrienne N. Breitfelder, City Clerk Adrienne Breitfelder From: Adrienne Breitfelder Sent: Wednesday, September 8, 2021 3:20 PM To: Kevin Dragotto; Troy Patzner Cc: Nate Kieffer Subject: City of Dubuque 9/7/21 Resolutions for Easements Attachments: Acceptance of Grants of Easements for Hike -Bike Trail and Public.pdf; Acceptance of Grants of Easement for Sanitary Sewer Utility from.pdf Kevin and Troy, Attached are certified copies of City of Dubuque Resolution No. 301-21 Accepting Grants of Easement for Hike/Bike Trail and Public Utilities associated with the Chavenelle Road Hike/Bike Trail Project - Phase 2, in the City of Dubuque, Iowa and Resolution No. 302-21 Accepting Grants of Easement for Sanitary Sewer Utility Across Parts of Lot 1 and Lot 2 of the Subdivision of the Northwest Quarter of the Northwest Quarter of Section 7, T88N, R3E, Of the 5t" P.M., Dubuque County, Iowa, along with the grants of easements. All of these will be recorded today. Thank you, THE CDU!B9k0: Adrienne Breitfelder (she/her/hers) E City Clerk 563.589.41211 C: 563.581.6473 City Hall 150 W. 13t" Street, Dubuque, IA, 52001 Masterpiece on the Mississippi Old �., 00C)