Agreement with C Ellis Properties, LLC — Extending Existing SidewalkCity of Dubuque
City Council Meeting
Consent Items # 019.
Copyrighted
June 5, 2023
ITEM TITLE: Agreement with C Ellis Properties, LLC — Extending Existing Sidewalk
on Miracle League Drive to the Veterans Memorial Park Property
SUMMARY: City Manager recommending City Council approval of the Agreement
with Mr. Ellis (C Ellis Properties, LLC) for the construction of the
proposed sidewalk extension and the granting of the appropriate
easements along Miracle League Drive through the adoption of the
enclosed resolution.
RESOLUTION Approving an Agreement between the City of Dubuque,
Iowa and C Ellis Properties, LLC
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description
Type
MVM Memo
City Manager Memo
Staff Memo
Staff Memo
Resolution
Resolutions
Agreement
Supporting Documentation
THE CITY OF
Dubuque
DUB TEE1.
All -America City
Masterpiece on the Mississippi
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Agreement with C Ellis Properties, LLC — Extending Existing Sidewalk on
Miracle League Drive to the Veterans Memorial Park Property
DATE: May 31, 2023
City Engineer Gus Psihoyos is recommending City Council approval of the Agreement
with Mr. Ellis (C Ellis Properties, LLC) for the construction of the proposed sidewalk
extension and the granting of the appropriate easements along Miracle League Drive
through the adoption of the enclosed resolution.
After some preliminary surveying work, it was discovered that the existing access
driveway to the Veterans Memorial Park encroaches onto the CEP property and the
proposed sidewalk extension improvements will encroach onto the CEP property. To
clear up this issue, Mr. Ellis is willing to grant permanent access and sidewalk easement
to the City over the encroaching park driveway area and future sidewalk extension area.
The City will construct the sidewalk extension and the associated curb and gutter and
driveway apron construction and replacement. Mr. Ellis will own and maintain the
sidewalk extension improvements after completion of the project by the City.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
CC' Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Nate Kieffer, Land Surveyor
Marie Ware, Leisure Services Manager
John Klostermann, Public Works Director
Dubuque
THE C
DUUB-.'*-FE
AI•AmeMea City
WrA
Masterpiece on the Mississippi
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20017*2019
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TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Agreement with C Ellis Properties, LLC — Extending Existing Sidewalk on
Miracle League Drive to the Veterans Memorial Park Property
DATE: May 25, 2023
INTRODUCTION
This memo provides information regarding the approval of an Agreement with property
owner Chad Ellis (for C Ellis Properties, LLC) for the extension of the existing sidewalk
on the east side of Miracle League Drive to the Veterans Memorial Park property.
BACKGROUND
Mr. Ellis is the owner of the Don Apartments property (common address 1717 Kane
Street) at the northeast quadrant of the intersection Kane Street and Miracle League
Drive. Currently, there is an existing sidewalk along the east side of Miracle League
Drive that terminates 100 feet south of the City -owned Veterans Memorial Park
property. The City wishes to extend the existing sidewalk on the east side of Miracle
League Drive (and along the Ellis property frontage) to the Veterans Memorial Park
property to provide a continuous sidewalk from Kane Street for safe pedestrian access
to the park.
DISCUSSION
After some preliminary surveying work, it was discovered that the existing access
driveway to the Veterans Memorial Park encroaches onto the CEP property and the
proposed sidewalk extension improvements will encroach onto the CEP property. To
clear up this issue, Mr. Ellis is willing to grant permanent access and sidewalk easement
to the City over the encroaching park driveway area and future sidewalk extension area.
The City will construct the sidewalk extension and the associated curb and gutter and
driveway apron construction and replacement. Mr. Ellis will own and maintain the
sidewalk extension improvements after completion of the project by the City. The
Engineering Department plans to complete the sidewalk extension and associated curb
and gutter work prior to the Public Works asphalt overlay project on Miracle League
Drive scheduled for this July. Mr. Ellis has executed the attached agreement.
RECOMMENDATION
I recommend that the City Council approve the Agreement with Mr. Ellis for the
construction of the proposed sidewalk extension and the granting of the appropriate
easements along Miracle League Drive.
ACTION TO BE TAKEN
I respectfully request approval of the Agreement with Mr. Ellis (C Ellis Properties, LLC)
for the construction of the proposed sidewalk extension and the granting of the
appropriate easements along Miracle League Drive through the adoption of the
enclosed resolution.
Prepared by: Nate Kieffer, PE/PLS
cc: John Klostermann, Public Works Director
Marie Ware, Leisure Services Manager
Steve Fehsal, Park Division Manager
Prepared by Nate Kieffer City of Dubuque Engineering 50 W 1 Y1 St Dubuque, Iowa 52001 (563)589-4270
Return to Adrienne N. Breitfelder City of Dubuque City Clerk 50 W 13�h St Dubuque, Iowa 52001 (563)589-4100
RESOLUTION NO. 167-23
APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND C
ELLIS PROPERTIES, LLC
as:
Whereas, C Ellis Properties, LLC (CEP) is the owner of the property legally described
Lot 1 of Lot 9, Block 5, in "Scenic View Heights No. 2", in the City of Dubuque, Iowa,
according to the recorded plat thereof
and as shown on Exhibit A (the Real Estate); and
Whereas, City is the owner of the abutting right-of-way known as Miracle League
Drive as shown on Exhibit A; and
Whereas, there is an existing sidewalk along the east side of Miracle League Drive
that terminates 100 feet south of the City -owned Veterans Memorial Park property as shown
on Exhibit A; and
Whereas, City wishes to extend the existing sidewalk on the east side of Miracle
League Drive to the Veterans Memorial Park property to provide a continuous sidewalk from
Kane Street for safe pedestrian access to the park (Sidewalk Project); and
Whereas, the existing access driveway to the Veterans Memorial Park encroaches
onto the CEP property and the Sidewalk Project improvements will encroach onto the CEP
property; and
Whereas, CEP is willing to grant a permanent access and sidewalk easement to the City
over the encroaching park driveway area and future Sidewalk Project area; and
Whereas, via the attached agreement, the parties have come to terms as set forth
herein for how to best effectuate the components of the Sidewalk Project to maximize the
benefits to each party and the residents and visitors to Dubuque; and
Whereas, CEP has executed the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The Agreement attached hereto is hereby approved.
Section 2. The City Manager is authorized and directed to execute the Agreement
on behalf of the City of Dubuque.
Passed, approved, and adopted this 51h day of June 2023.
Brad M. Cava2�0,Pvfayor
ATTEST:
AW-,",n e- A I ��) �,
Adrienne N. Breiffelder,'CMC City Clerk
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
C ELLIS PROPERTIES, LLC
This Agreement (the Agreement), dated for reference purposes the-Z-U day of
P" , 2023, is made and entered into by and between C ELLIS
PROPERTIES, LLC (CEP) and the City of Dubuque, Iowa (City).
Whereas, CEP is the owner of the property legally described as:
Lot 1 of Lot 9, Block 5, in "Scenic View Heights No. 2", in the City of
Dubuque, Iowa, according to the recorded plat thereof
and as shown on Exhibit A (the Real Estate); and
Whereas, City is the owner of the abutting right-of-way known as Miracle
League Drive as shown on Exhibit A; and
Whereas, there is an existing sidewalk along the east side of Miracle League
Drive that terminates 100 feet south of the City -owned Veterans Memorial Park property
as shown on Exhibit A; and
Whereas, City wishes to extend the existing sidewalk on the east side of Miracle
League Drive to the Veterans Memorial Park property to provide a continuous sidewalk
from Kane Stree for safe pedestrian access to the park (Sidewalk Project); and
Whereas, the existing access driveway to the Veterans Memorial Park
encroaches onto the CEP property and the Sidewalk Project improvements will
encroach onto the CEP property; and
Whereas, CEP is willing to grant a permanent access and sidewalk easement to
the City over the encroaching park driveway area and future Sidewalk Project area; and
Whereas, the parties have come to terms as set forth herein for how to best
effectuate the components of the Sidwewalk Project to maximize the benefits to each
party and the residents and visitors to Dubuque.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN CEP AND CITY AS
FOLLOWS:
SECTION 1. CITY OBLIGATIONS.
1.1 City is responsible for all necessary platting, surveying, and recording costs to
effectuate the transactions contemplated by this Agreement.
1.2 City will construct approximately 113 lineal feet of 4 foot wide sidewalk along the
east side of Miracle League Drive as shown on Exhibit A.
1.3 City will reconstruct approximately 82 lineal feet of curb and gutter along the east
side of Miracle League Drive as shown on Exhibit A.
1.4 City will reconstruct the existing CEP driveway approach the the CEP property
north parking lot off of Miracle League Drive as shown on Exhibit A.
1.5 City's obligations shall be at no cost to CEP.
SECTION 2. CEP OBLIGATIONS.
2.1 CEP agrees to grant to City, at no cost to City, a permanent access easement
over Area A as shown on Exhibit A for owning and maintaining a driveway and
for pedestrian and vehicular access to and from the Veterans Memorial Park
property.
2.2 CEP agrees to grant to City, at no cost to City, a permanent sidewalk easement
over Area A as shown on Exhibit A for sidewalk for pedestrian access to and
from the Veterans Memorial Park property.
2.3 CEP will own and maintain the Sidewalk Project improvements after completion
of the project by the City.
SECTION 3. BINDING ON SUCCESSORS AND ASSIGNS. This Agreement shall be
binding upon the parties hereto and their successors and assigns.
SECTION 4. CITY COUNCIL APPROVAL REQUIRED. This Agreement is subject to
final approval by the City Council in its sole discretion.
CITY OF DUBUQUE, IOWA
C ELLIS PROPERTIES, LLC
By:f-- By:
Michael C. Van Milligen, City Manager Name: C/4 /�- 6 (EL-U
Its: 1'» - ti Aq F-m &f�:�
Date: 06/06/2023 Date: ZZ &e / Z 3
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