Acceptance of Grant of Easement for Ingress/Egress and Sidewalk from Joyce Tricarico and Michael Tricarico at 2405 Queen StreetCity of Dubuque
City Council Meeting
Consent Items # 012.
Copyrighted
May 15, 2023
ITEM TITLE: Acceptance of Grant of Easement for Ingress/Egress and Sidewalk
from Joyce M. Tricarico and Michael Tricarico over private property at
2405 Queen Street in Dubuque
SUMMARY: City Manager recommending City Council adopt a resolution accepting
the Grant of Easement for I ngress/Egress and Sidewalk over and across
Part of Lot 1-70 in Stafford's Addition, in the City of Dubuque, Iowa, to
address the existing sidewalk encroachment issue prior to the sale of the
City -owned property at 2407 Queen Street to Melissa Sarazin, as shown
in Easement # 2 on the exhibit attached to the Grant of Easement.
RESOLUTION Accepting a Grant of Easement for I ngress/Egress and
Sidewalk over and across part of Lot 1-70 in Stafford's Addition, in the
City of Dubuque, Iowa
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
FIN aL[91:ILyil21zIII l+]
Description Type
MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Resolutions
Grant of Easement Supporting Documentation
THE C
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of Grant of Easement for Ingress/Egress and Sidewalk from
Joyce M. Tricarico and Michael Tricarico over private property at 2405
Queen Street in Dubuque
DATE: May 9, 2023
City Engineer Gus Psihoyos is recommending City Council adopt a resolution accepting
the Grant of Easement for Ingress/Egress and Sidewalk over and across Part of Lot 1-
70 in Stafford's Addition, in the City of Dubuque, Iowa, to address the existing sidewalk
encroachment issue prior to the sale of the City -owned property at 2407 Queen Street
to Melissa Sarazin, as shown in Easement # 2 on the exhibit attached to the Grant of
Easement.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
k�4
Mic ael C. Van Milligen
MCVM:sv
Attachment
CC' Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF
DUB FE
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: May 5, 2023
Dubuque
AII•Amedea City
M" M1%R i I:dt
2007-2012•2013
2017*2019
SUBJECT: Acceptance of Grant of Easement for Ingress/Egress and Sidewalk from Joyce
M. Tricarico and Michael Tricarico over private property at 2405 Queen Street in
Dubuque
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a Grant of Easement for
Ingress/Egress and Sidewalk over and across Part of Lot 1-70 in Stafford's Addition, in the City
of Dubuque, Iowa (common address 2405 Queen Street) associated with the sale of the
adjacent City -owned real property located at 2407 Queen Street.
BACKGROUND
The property at 2407 Queen Street was acquired by the City of Dubuque for the CDBG
Purchase/Rehab/Resale program to be rehabilitated and sold to a low -mod income first time
homebuyer. Rehabilitation of this property was recently completed, and it was listed for sale in
March 2023.
DISCUSSION
During the rehabilitation process it was discovered that the existing sidewalk on the south side
of the City -owned property at 2407 Queen Street was encroaching onto the adjacent private
property to the south. The subject sidewalk has historically been used by the owners of 2407
Queen Street to access the backyard and alley. The private property to the south is 2405
Queen Street and is owned by Joyce M. Tricarico and Michael Tricarico. In order to clear up
the sidewalk encroachment issue prior to selling the property, the City has negotiated with the
Tricaricos and come to an agreement related to the use of the encroaching sidewalk. The
Tricaricos have agreed to grant a permanent ingress/egress and sidewalk easement to the
City. The easement allows the owner (and future owners) of the 2407 Queen Street property
to own and maintain the subject sidewalk and walking access to the backyard area.
Per resolution No. 118-23, the City has approved a purchase agreement with Melissa Sarazin
for the sale of the property at 2407 Queen Street. The City will accept and record the grant of
easement for ingress/egress and sidewalk prior to closing with Melissa Sarazin. The subject
easement will stay with the property and will benefit Melissa Sarazin as well as any other
future owners of 2407 Queen Street.
RECOMMENDATION
I recommend accepting the Grant of Easement for Ingress/Egress and Sidewalk over and
across Part of Lot 1-70 in Stafford's Addition, in the City of Dubuque, Iowa, to address the
existing sidewalk encroachment issue prior to the sale of the City -owned property to Melissa
Sarazin, as shown in Easement # 2 on the exhibit attached to the Grant of Easement.
ACTION TO BE TAKEN
I respectfully request acceptance of the Grant of Easement for Ingress/Egress and Sidewalk
from Joyce M. Tricarico and Michael Tricarico through the adoption of the enclosed resolution.
Prepared by Nate Kieffer, PLS
cc: Madeline Haverland, Urban Development & Housing Rehabilitation Project Manager
Prepared by: Nate Kieffer, City of Dubuque, 50 VV. 1V Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer City of Dubuque, 50 W. 131h Street Dubu ue 1A 52001 563 589-4270
RESOLUTION NO. 150-23
ACCEPTING A GRANT OF EASEMENT FOR INGRESSIEGRESS AND
SIDEWALK OVER AND ACROSS PART OF LOT 1-70 IN STAFFORD'S
ADDITION, IN THE CITY OF DUBUQUE, IOWA
Whereas, Joyce M. Tricarico and Michael Tricarico have executed a Grant of
Easement for Ingress/Egress and Sidewalk over and across Part of Lot 1-70 in
Stafford's Addition, in the City of Dubuque, 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 Grant of Easement for
Ingress/Egress and Sidewalk over and across Part of Lot 1-70 in Stafford's
Addition, in the City of Dubuque, Iowa, from Joyce M. Tricarico and Michael
Tricarico, 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. That the City Clerk be and is hereby authorized and directed to record
a certified copy of this resolution in the offices of the City Assessor, Dubuque
County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 15th day of May 2023.
Attest:
Adrienne N. Breitfelder, City Clerk
IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII Ilfll Illlf IIII Illf
Doc ID: 011099610005 Type: GEN
Kind: EASEMENT
Recorded: 05/16/2023 at 03:02:19 PM
Fee Amt: $27.00 Paqe 1 of 5
Dubuque County Iowa
Karol Kennedy Recorder
File2023-00004478
Prepared by: Nate Kieffer, PLS, City of Dubuque, 50 W. 13" Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, PLS, City of Dubuque, 50 W. 1311' Street, Dubuque, IA 52001 (563) 589-4270
GRANT OF PERMANENT INGRESS/EGRESS AND SIDEWALK EASEMENT
For and in consideration of the sum of Seven Hundred Two and 72/100 Dollars
($702.72) and other good and valuable consideration, the receipt whereof is
hereby acknowledged,
Joyce M. Tricarico and Michael Tricarico
2405 Queen Street
Dubuque, IA 52001
of Dubuque County, State of Iowa, Grantors, for themselves, their successors,
heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE,
IOWA, a municipal corporation, Grantee, its agents and contractors, in
perpetuity, from the date hereof, a right-of-way and easement through, under and
across the following described real estate situated in Dubuque, Iowa, to wit:
Part of Lot 1-70 in Stafford's Addition in the City of Dubuque. Iowa
Said easement shall be over the area labelled as EASEMENT # 2 shown on the
attached Exhibit A for the purpose of ingress and egress in the form of pedestrian
travel via the existing sidewalk and for the benefit of owners of Lot 1-69 and Lot
2-70 of Stafford's Addition in the City of Dubuque, Iowa. Said easement shall
also be for the purpose of maintaining the existing sidewalk, along with the right,
privilege and authority to reconstruct, maintain, and repair said improvements.
Grantors, their successors, heirs or assigns shall not erect any structure over or
within the easement area without obtaining the prior written consent of the
Grantee.
Grantors, their successors, heirs and assigns shall not change the grade,
elevation, or contour or perform any construction or excavation that will diminish
the lateral support of said sidewalk without obtaining the prior written consent of
the Grantee.
Grantee shall defend, indemnify and hold harmless Grantors, their agents and
employees from and against any claim and cost of any kind, including without
Q'Y" DBQ City E"Tveer 2700
limitation, attorneys' fees and consulting fees, arising out any use, surveying,
inspection, construction, reconstruction, alteration, replacement, maintenance,
repair, patrol or removal of said Improvements. This obligation shall survive the
termination of this Grant of Ingress/Egress and Sidewalk Easement.
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 reconstruct, maintain, and repair said
sidewalk thereon or therein. Said easement shall be binding on all subsequent
property owners, their successors, heirs and assigns.
Dated at D t/b V lie— , Iowa this BTH day of , 2023.
� 1n
J ce M. Tricarico
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Michael Tricarico
NOTARY PUBLIC
STATE OF Iowa,
COUNTY OF Dubuque, SS:
On this 87"N day of M R / , A.D., 2023 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared Joyce
M. Tricarico and Michael Tricarico 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.
�ra� cs RUSSELL N. KIEFfER NotaryPublic In and For Said State
i Commission Number 778626
My Commission Expires
,0,,,,,, May 24, 2025
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Prepared by: Nate Kieffer. City of Dubuque. 50 W. 131' Street, Dubuque IA 52001 (563) 589-4270
Retum to: Nate Kieffer. City of Dubuque 50 W. 13"' Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 150-23
ACCEPTING A GRANT OF EASEMENT FOR INGRESS/EGRESS AND
SIDEWALK OVER AND ACROSS PART OF LOT 1-70 IN STAFFORD'S
ADDITION, IN THE CITY OF DUBUQUE, IOWA
Whereas, Joyce M. Tricarico and Michael Tricarico have executed a Grant of
Easement for Ingress/Egress and Sidewalk over and across Part of Lot 1-70 in
Stafford's Addition, in the City of Dubuque, 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 Grant of Easement for
Ingress/Egress and Sidewalk over and across Part of Lot 1-70 in Stafford's
Addition, in the City of Dubuque, Iowa, from Joyce M. Tricarico and Michael
Tricarico, 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. That the City Clerk be and is hereby authorized and directed to record
a certified copy of this resolution in the offices of the City Assessor, Dubuque
County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 15th day of May 2023.
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. 150-23 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 16th day of May, 2023.
Adrienne N. Breitfelder, City Clerk
Adrienne Breitfelder
From: Adrienne Breitfelder
Sent: Tuesday, May 16, 2023 1:38 PM
To: Kevin Dragotto; Troy Patzner
Cc: Nate Kieffer
Subject: Grant of Easement for Ingress/Egress and Sidewalk
Attachments: Grant of Permanent Ingress -Egress and Sidewalk Easement.pdf
Hello Kevin and Troy,
Attached is a copy of the Grant of Permanent Ingress/Egress and Sidewalk Easement for Part of Lot 1-70 in Stafford's
Addition and a certified copy of the resolution. This packet will be recorded this afternoon.
Thank you,
Adrienne
Adrienne Breitfelder, CMC (shelher)
THE CIUBQTE
City Clerk I City of Dubuque
D
City Hall 150 W. 13th Street
Dubuque, Iowa 52001
0: 563-589-4121 1 C: 563-581-6473
Masterpiece an the Mississippi O 0 0 0 0
Prepared by: Nate Kieffer, PLS, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, PLS, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
GRANT OF PERMANENT INGRESS/EGRESS AND SIDEWALK EASEMENT
For and in consideration of the sum of Seven Hundred Two and 72/100 Dollars
($702.72) and other good and valuable consideration, the receipt whereof is
hereby acknowledged,
Joyce M. Tricarico and Michael Tricarico
2405 Queen Street
Dubuque, IA 52001
of Dubuque County, State of Iowa, Grantors, for themselves, their successors,
heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE,
IOWA, a municipal corporation, Grantee, its agents and contractors, in
perpetuity, from the date hereof, a right-of-way and easement through, under and
across the following described real estate situated in Dubuque, Iowa, to wit:
Part of Lot 1-70 in Stafford's Addition in the City of Dubuque, Iowa
Said easement shall be over the area labelled as EASEMENT # 2 shown on the
attached Exhibit A for the purpose of ingress and egress in the form of pedestrian
travel via the existing sidewalk and for the benefit of owners of Lot 1-69 and Lot
2-70 of Stafford's Addition in the City of Dubuque, Iowa. Said easement shall
also be for the purpose of maintaining the existing sidewalk, along with the right,
privilege and authority to reconstruct, maintain, and repair said improvements.
Grantors, their successors, heirs or assigns shall not erect any structure over or
within the easement area without obtaining the prior written consent of the
Grantee.
Grantors, their successors, heirs and assigns shall not change the grade,
elevation, or contour or perform any construction or excavation that will diminish
the lateral support of said sidewalk without obtaining the prior written consent of
the Grantee.
Grantee shall defend, indemnify and hold harmless Grantors, their agents and
employees from and against any claim and cost of any kind, including without
limitation, attorneys' fees and consulting fees, arising out any use, surveying,
inspection, construction, reconstruction, alteration, replacement, maintenance,
repair, patrol or removal of said Improvements. This obligation shall survive the
termination of this Grant of Ingress/Egress and Sidewalk Easement.
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 reconstruct, maintain, and repair said
sidewalk thereon or therein. Said easement shall be binding on all subsequent
property owners, their successors, heirs and assigns.
Dated at -D Ll.b vy Ve— , Iowa this CfT// day of M f / 2023.
J ce NA. Tricarico
Michael Tricarico
NOTARY PUBLIC
STATE OF Iowa,
COUNTY OF Dubuque, SS:
On this e% N day of A4 4/ , A.D., 2023 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared Joyce
M. Tricarico and Michael Tricarico 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.
*a+A�s RUSSELL M. KIEFFER Notary Public In and For Said State
o Commission Number 778626 ry
My Commission Expires
�,,� May 24, 2025
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Dubuque CITY OF DUBUQUE
ENGINEERING DEPARTMENT
bVIVA CITY HALL, 50 WEST 13th STREET
Ail -America City DUBUQUE, IA 52001-4864
1 ' PHONE (563) 589-4270 FAX (563) 589-4205
Drawn By: RNK Approved By: RNK Dale: 03-10-2022
Parts of Lot 1-69 and Lot 1-70 of Stafford's Addition
® in the City of Dubuque, Iowa
2007 C.I.P. Number: Sheet Number: I of 1
NORTH
EASEMENT # 1 - 97 SQ. FT. SCHMIDT
PERMANENT INGRESS/EGRESS AND RESIDENCE
0 10, 20' 40' SIDEWALK EASEMENT TO BENEFIT 2409QUEEN ST.
SCALE 1" = 20' FEET N63° 24' 10"E 41.41'
LOT 2-69 STAFFORD'S ADDITION
EXISTING PRIVATE
SIDEWALK
LEGEND
FOUND IRON ROD/PIPE AS SHOWN
O SET 5/8" REBAR WITH YELLOW PLASTIC CAP # 18128
R.O.W. RIGHT OF WAY
(100.00') RECORD DIMENSION
LINE BREAK
ADJACENT PROPERTY LINE
— — — RIGHT OF WAY LINE
PROPOSED EASEMENT LINE
\
\
FD. 1" \
IRON PIPE
IS
69 01
S� O �g1961
\1
N0 \
S31 ° 22' 17"E 3.31'
�6
EXISTING PRIVATE
SIDEWALK
\
\
\ 48' 00"E 30.09'
(30.
(30.00')
' \ FD. CHISELED \
� X. IN CONC. AT \
�N600 44' 42' E \ NE CORNER
41.19' LOT 1-70
FD. 1"
\ IRON PIPE AT
� NE CORNER
X1-696° 48' 00"E 1.39'
S26° 34' 37"E 2.38'
N260 34' 37"W 29.96'
° 3 S630 34' 29"W \
N63 74.93' \,
CITY OF DUBUQUE
RESIDENCE 1
2407 QUEEN ST.
pS-�pFFo\��p� Pip.
,0
S28° 54' 42"E 29.82'
o, �o
(30.00') �O(2' N81 ° 46' 20"E 9.74'
\ FD. 5/8" IRON REBAR
\ W CAP "KOELKER 15487" C3
OR
OO
S280 54' 42"E 29.88'
(30.20') �O
FD. 5/8" IRON REBAR
W CAP "9561" \
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.
For the City of Dubuque
Russell N. Kieffer Iowa Lic. No. 18128 Date
My license renewal date is December 31, 2022
Pages or sheets covered by this seal: THIS PAGE ONLY
NOTES
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
2. PROPRIETOR OF LOT 1-69: CITY OF DUBUQUE, LOT 1-70: JOYCE & MICHAEL TRICARICO
3. SURVEY REQUESTED BY: CITY OF DUBUQUE, 50 W. 13TH ST. DUBUQUE, IOWA
4. THIS EASEMENT PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF
RECORD.
S62° 59' 34"W 65.68'
TRICARICO RESIDENCE
2405 QUEEN ST.
FD. 5/8" IRON REBAR \
W CAP "9561" \
EASEMENT # 2 - 192 SQ. FT.
PERMANENT INGRESS/EGRESS AND
SIDEWALK EASEMENT TO BENEFIT
LOT 1-69 AND LOT 2-70
STAFFORD'S ADDITION
CITY OF DUBUQUE
EXHIBIT A - SIDEWALK AND PEDESTRIAN INGRESS/EGRESS EASEMENT
COUNTY DUBUQUE PARCEL NO. JOB NO.
PROJECT SECTION TWP RANGE
ROW -FEE N/A EXIST. ROAD N/A PERM. EASEM'T SEEABOVE
LEGAL DESCRIPTION Parts of Lot 1-69 and Lot 1-70 of Stafford's Addition in the City of Dubuque, Iowa
OWNER CITY OF DUBUQUE, JOYCE & MICHAEL TRICARICO
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. 150-23
ACCEPTING A GRANT OF EASEMENT FOR INGRESS/EGRESS AND
SIDEWALK OVER AND ACROSS PART OF LOT 1-70 IN STAFFORD'S
ADDITION, IN THE CITY OF DUBUQUE, IOWA
Whereas, Joyce M. Tricadco and Michael Tricarico have executed a Grant of
Easement for Ingress/Egress and Sidewalk over and across Part of Lot 1-70 in
Stafford's Addition, in the City of Dubuque, 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 Grant of Easement for
Ingress/Egress and Sidewalk over and across Part of Lot 1-70 in Stafford's
Addition, in the City of Dubuque, Iowa, from Joyce M. Tricarico and Michael
Tricarico, 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. That the City Clerk be and is hereby authorized and directed to record
a certified copy of this resolution in the offices of the City Assessor, Dubuque
County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 1511 day of May 2023.
Brad M. C,yya gh, 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. 150-23 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 9 6th day of May, 2023.
'41 �' � '//�' 7 A 0 �;"'
Adrienne N. Breitfelder, City Clerk
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