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Grant of Easements to James B. Gansen and Mary L. Gansen, and Robert J. Flanagan and Tina M. Flanagan_InitiateCity of Dubuque City Council Meeting Copyrighted June 5, 2023 Items to be set for Public Hearing # 03. ITEM TITLE: Grant of Easements to James B. Gansen and Mary L. Gansen, and Robert J. Flanagan and Tina M. Flanagan SUMMARY: City Manager recommending City Council set a public hearing on June 20, 2023, for the granting of access easements to James B. Gansen and Mary L. Gansen, and to Robert J. Flanagan and Tina M. Flanagan for private driveway improvements thru City owned property on Bellevue Heights Road. RESOLUTION Intent to dispose of city interest by Grant of Easements for Access to James B. Gansen and Mary L. Gansen, and Robert J. Flanagan and Tina M. Flanagan, across part of Lot 1 of JQ Acres, Dubuque County, Iowa SUGGESTED Receive and File; Adopt Resolution(s), Set Public Hearing for June 20, DISPOSITION: 2023Suggested Disposition: FIN ik[91:ILyil21zIII l+] Description Type MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions Notice of Hearing Supporting Documentation Gansen Easement Supporting Documentation Flanagan Easement Supporting Documentation Area Map Supporting Documentation THE C Dubuque DUjIBQTE WAWca 914 Masterpiece on the Mississippi YP pp aoo�•o 13 z0i7*20*�oi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Grant of Easements to James B. Gansen and Mary L. Gansen, and Robert J. Flanagan and Tina M. Flanagan DATE: May 31, 2023 City Engineer Gus Psihoyos is recommending City Council set a public hearing on June 20, 2023, for the granting of access easements to James B. Gansen and Mary L. Gansen, and to Robert J. Flanagan and Tina M. Flanagan for private driveway improvements thru City owned property on Bellevue Heights Road. 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 THE CITYF DUijB- E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer Dubuque JUI-Ameries City 2007-2012*2013 2017*2019 SUBJECT: Grant of Easements to James B. Gansen and Mary L. Gansen, and Robert J. Flanagan and Tina M. Flanagan DATE: May 25, 2023 INTRODUCTION This is in response to a request from James B. Gansen and Mary L. Gansen, and Robert J. Flanagan and Tina M. Flanagan for the granting of access easements across City owned property along Bellevue Heights Road. BACKGROUND The City of Dubuque is the current owner of Lot 1 of JQ Acres which is a 16 acre parcel located along Bellevue Heights Road. The subject property includes a maintenance building and parking lot that serve the EB Lyons Interpretive Center facility (located east of the property) and the Americas State Tree Woodland Walk area (located within the property). The Gansen family was the original owner of the subject property and in 2011 conveyed the land to the Iowa Natural Heritage Foundation. In 2013 the Heritage Foundation deeded the land to the City of Dubuque. Prior to conveying the land to the Heritage Foundation, the Gansen family platted the land and reserved an easement (the 2011 easement) for themselves to get access to and from Bellevue Road for the benefit of another property they owned adjacent to and on the north side of the of subject property. Since 2011, the Gansens have been using the easement area across the subject property to access their property to the north. In 2020, the Gansens sold a portion of the north property to Flanagans, who are also a beneficiary of the 2011 easement. DISCUSSION In recent years, the Iowa Department of Natural Resources has been making trail improvements to the subject property and has inadvertently constructed some trail improvements in the 2013 easement area. In the summer of 2020 the Gansens, after coordination with City and County Engineering staff, relocated their driveway improvements to not conflict with the City trail improvements and to connect to Bellevue Heights Road at a safer location. The City and the Gansens have entered into an agreement to relocate the access easement in order to provide the Gansens safer access to Bellevue Heights Road and resolve the issues with the encroaching trail improvements. The agreement requires the City to grant a new access easement and requires Gansens to relinquish their interest in the existing easement. The Flanagans have already signed their easement and quit claim deed documents, so no agreement is required with them. RECOMMENDATION I would recommend that the attached "Grant of Easements" for access for the private driveway improvements through the City owned property on Bellevue Heights Road be forwarded to City Council to be set for public hearing. ACTION TO BE TAKEN The attached resolution should be submitted to the City Council for consideration and to set a public hearing on June 20, 2023 for the granting of access easements to James B. Gansen and Mary L. Gansen, and to Robert J. Flanagan and Tina M. Flanagan for private driveway improvements thru City owned property on Bellevue Heights Road. Prepared by Nate Kieffer, PLS, PE Prepared by Nate Kieffer, City of Dubuque. 50 W. 13th Street, Dubuque IA 52001 (563) 589-4270 Return to Adrienne N. Breitfelder, City Cleric, 50 W. 13�1 St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 175-23 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST BY GRANT OF EASEMENTS FOR ACCESS TO JAMES B. GANSEN AND MARY L. GANSEN, AND ROBERT J. FLANAGAN AND TINA M. FLANAGAN, ACROSS PART OF LOT 1 OF JQ ACRES, DUBUQUE COUNTY, IOWA Whereas, James B. Gansen and Mary L. Gansen, and Robert J. Flanagan and Tina M. Flanagan have each requested a "Grant of Easement" for access across Part of Lot 1 of JQ Acres, Dubuque County, Iowa, for private driveway improvements; and Whereas, Buesing and Associates has prepared and submitted to the City Council an exhibit showing the easement area for the proposed private driveway improvements across Part of Lot 1 of JQ Acres, Dubuque County, 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 easements for private driveway improvements to James B. Gansen and Mary L. Gansen, and to Robert J. Flanagan and Tina M. Flanagan. across Part of Lot 1 of JQ Acres, Dubuque County, 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 Easements for access to James B. Gansen and Mary L. Gansen, and to Robert J. Flanagan and Tina M. Flanagan. across Part of Lot 1 of JQ Acres, Dubuque County, Iowa, is hereby set for the 201h day of June 2023, 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 51r, day of June, 2023. �' .a M. CavanNbj*or Attest: Adrienne N. Breitfelder, CMC City Clerk CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct a public hearing on the 20th day of June 2023, at 6:30 p.m., in the Historic Federal Building, 350 W. 6th Street, 2nd floor, Dubuque, Iowa, at which meeting the City Council proposes to grant an access easement over the following described real property to James B. Gansen and Mary L. Gansen, and Robert J. Flanagan and Tina M. Flanagan: PART OF LOT 1 OF JQ ACRES, DUBUQUE COUNTY, IOWA At the meeting, the City Council will receive in -person and virtual comments from any resident or property owner of said City to the above action. The official agenda will be posted the Friday before the meeting and will contain 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, ctyclerk@cityofdubuque.org. At said time and place of public hearings all interested citizens and parties will be given an opportunity to be heard for or against said proposal. Written comments regarding the above public hearings may be submitted to the City Clerk's Office via email at ctyclerk@cityofdubuque.org or by mail to City Clerk's Office, City Hall, 50 W. 13th St., Dubuque, IA 52001, before said time of public hearing. At said time and place of public hearings the City Council will receive any written comments received by the City Clerk's Office before said time of public hearing. Copies of supporting documents for the public hearings are on file in the City Clerk's Office and may be viewed Monday through Friday between 8:00 a.m. and 5:00 p.m. Individuals with limited English proficiency, vision, hearing, or speech impairments requiring special assistance should contact the City Clerk's Office at (563) 589-4100, TDD (563) 690-6678, ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard -of - hearing individuals can use Relay Iowa by dialing 711 or (800) 735-2942. Published by order of the City Council given on the 9th day of June 2023. Adrienne N. Breitfelder, CIVIC City Clerk Prepared by: Nate Kieffer 50 W. 13t" Street Dubuque Iowa 52001 (563-589-4270) Return to: Nate Kieffer 50 W. 131" Street Dubuque Iowa 52001 (563-589-4270) GRANT OF ACCESS 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 Iowa, does hereby grant, sell and convey to James B. Gansen and Mary L. Gansen, husband and wife ("Grantees"), its lessees, licensees, successors and assigns, from the date hereof, an easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: PART OF LOT 1 OF JQ ACRES, DUBUQUE COUNTY, IOWA Said easement shall be as shown on the attached Exhibit A, for the purpose of access to Lot 2 of JQ Acres No. 3, Dubuque County, Iowa, including construction and maintenance of a private driveway and all appurtenances in connection therewith (the Private Improvements), along with the right, privilege and authority to construct, reconstruct, alter, maintain, repair, replace, patrol and remove said Private Improvements. Grantor agrees to amend this Grant of Easement to include the following described real estate upon written request of Grantees if it is acquired by Grantees: Lot Two (2) of the Subdivision of Lots Four (4) and Five (5) and Lot Two (2) of the Subdivision of Lot One (1) of the Subdivision of the Northeast Quarter (NE'/) of the Southeast Quarter(SE 1/4) of Section One (1), Township Eighty-eight (88) North, Range Two (2) East of the 5th P.M., in Dubuque County, Iowa, according to the recorded plat thereof, including all improvements thereon, excepting: 04142023mk That parcel of land described as follows: Commencing at the Northwest comer of the Northeast '/ of the Southeast'/4 of Section 1, Township 88 North, Range 2 East, of the 5t" P.M., Dubuque County, Iowa; thence South a distance of 528 feet; thence South 86' 59' 35" East a distance of 233.32 feet; thence North a distance of 540.22 feet; thence West a distance of233.00 feet back to the point of beginning; being the more westerly part of Lot 2 of the Subdivision of Lots 4 and 5 and Lot 2 of Lot 1 of the Northeast'/4 of the Southeast'/4 of said Section containing 2.86 acres more or less, as conveyed by Warranty Deed filed with the Dubuque County Recorder on January 2, 1973, as Document No. 44-73. Grantees, their successors and assigns, agree to pay for any damage caused to the land, fences, or other personal property of Grantor from the construction or maintenance of said Private Improvements. The City reserves unto itself the perpetual right for the purpose of erecting, installing, constructing, reconstructing, maintaining, owning, operating and repair of storm and sanitary sewers, watermain, pavement, street lights, gas, telephone, television, fiber optics cable, and electrical lines above or below said private Improvements as such utilities would not interfere with the existence of the Private Improvements. Indemnification. Grantees 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 Private Improvements or any claim or damages arising out of or related to the use of the easement by Grantees or third parties. This obligation shall survive the termination of this Grant of Easement. Insurance. Grantees shall provide insurance as set forth in the attached Insurance Schedule. To have and to hold unto the said Grantees 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 Access Easement. Dated at Dubuque, Iowa this day of , 2023. [SIGNATURE PAGES TO FOLLOW] K CITY OF DUBUQUE : Brad M. Cavanagh, Mayor NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this day of , 2023 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Brad M. Cavanagh, 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 9 ACCEPTANCE OF EASEMENT Robert J. Flanagan and Tina M. Flanagan accept the terms and conditions of the Grant of Access Easement. �:iirs �i /0 By. —M 0' Mary L. Gat4en NOTARY PUBLIC STATE OF IOWA ) ) SS. COUNTY OF DUBUQUE ) On this day of AL 2023, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared James B. Gansen and Mary L. Gansen, who executed the within and foregoing instrument and acknowledged that he/she executed the same as his/her voluntary act and deed. � Ij vl Notary Public In and For Said State , �y QANIEI FLlN7 DRAKE L. Comm ss cr N ether 791267 My Coy-s cion Ezpirn 20, 2021 EXHIBIT A EXHIBIT A ACCESS EASEMENT: ACROSS LOT 1 OF JQ ACRES, Dubuque County, Iowa INDEX LEGEND Location: Lot 1 of JQ Acres SE1 4 of Sec.1, T88N, R2E Md TWP (Table Mound ) & Assoc PREPARED BY: BUESIN, PHONE: ADDRESS: 1212 LOCUST STREET, DUBUQUEIOWA PHONE: 563 of the 5th P.M., Dubuque County, Iowa Requestor: Tina Flanagan Proprietor: City of Dubuque 50 W 13th St., Dubuque, IA 52001 Surveyor: Terry L. Koelker I I I Company: Buesing & Associates, Inc. 1212 Locust St., Dubuque, IA 52001 LOT 1 Return To: tlkoelker@buesing.com (563) 556-4389 I I I JQ ACRES NO. 3 I LOT 2 1 1 I THIS IS AN ASSUMED JQ ACRES I BEARING FOR THE PURPOSES I OF THIS SURVEY ONLY. NO. 3 I -I_ --------- _I 50.0 12 .GIT� _. --i`�-8�`38 269.31'(262') - ? /4 SECTION LINE FOUND SCM WITH TOP I BROKE OFF AND 1/2 ROD 232.75'(233.00) STICKING OUT THE TOP ® _ N 33.01' F I THE E1/4 CORNER, FOUND MAG NAIL IN POST I O W W I I CURVE DATA SECTION 1, T88N, R2E cO I rn ^ 0 THE NW CORNER OF 3000' WIDE I b I w oTHETNEo OVERHEAD oSECION 1, T88N, R2E POWER LINE 1)0 EASEMENT 15.00 _ ofn N� M� OwN V O I 15.00 WOW I I U L) �Ot WOK 1n > Z DO 0 N zio~ ^ o O 'I 33.00' I 000�m 33.00^ I w I r0p v '� 15;Z Z� �O< ZMO 1 p W IOW y w ZZw Z I CURVE DELTA RADIUS ARC LENGTH TAN' CHORD LENGTH CHORD BEARING Cl-A 26'47'26" 280.00' 130.92' 66.68' 129.73' N62'49'26"W Cl-B 28'27'21" 313.00' 155.45' 79.36' 153.86' S63'39'24"E Cl-C 24'39'38" 247.00' 106.31' 53.99' 105.49' N61'45'33"W C1-D 20'32'07" 313.00' 112.18' 56.70' 111.58' S59'41'47'E C2-A 11'01'02" 700.00' 134.60' 67.51' 134.39' N43'55'13"W C2-B 11'01'02" 733.00' 140.95' 70.69' 140.73' S43'55'13"E C2-C 11'01'02" 667.00' 128.25' 64.33' 128.06' N43'S5'13"W C3-A 5'18'15" 667.00' 61.75' 30.90' 61.72' S41'03'49"E C4-A 37.24 18.6T 37.18' S 842'29"E C-A 20200.00' 200.00' 87.56' 44.50' 1 86.87' 1 S 1'29'57"E N M N W 1 Z ova w�`o� -"-�I oN�m w I LINE DATA O �� Un cWi�ol ml S 88°28'07" \ a \ I D� �N a �I nI LINE BEARING DISTANCE 112' N ;n L-1 N 38°24'42" W 124.69' N w ILL4 V L-2 S 38'24'42" E 155.23' TAIL O w NO_ CALE o 1.31' Icw W 126.58' 30 N� 33.09' I;,,I I 1100.00' WIDE OVERHEAD POWER LINE EASEMENT ROW (33.10') S 87°05'11" E 7 I� Uy� ' I I (50.00' EACH SIDE OF CENTERLINE OF H POLES) ------ 270.89_ 262.99'--------- - \ `C''e LOT 1 -- - - - - - - 34.42, �X� CENTERLINE OF BELLEVUE S 87°05'11" E ROW JQ ACRES HEIGHTS ROW (66' ROW) 259.43'(259.43') o i 111 0� vwi w N w� zm w �- w3 Ow NN 0 LOT 1-1 IN THE SUBDIVISION OF LOTS \ \ 4 AND 5 AND OF LOT 2-1 OF THE I \S N NE1/4 SE1/4, SECTION 1, T88N, R2E CENTERLINE OF BELLEVUE o LEGEND HEIGHTS ROAD (66' ROW) III N FOUND 1" IRON PIPE (UNLESS OTHERWISE NOTED) I I I \ I \6 � \A _ FOUND 1.25" IRON PIPE 15.00' WIDE OVERHEAD o e FOUND MAG NAIL i N I �' \�A„ \ POWER LINE EASEMENT I - (j oN ON THE NE SIDE OF POWER N e FOUND 1/2" ROD W/YELLOW CAP #14417 Z I ''� I I \ \ POLE CENTERLINE AND TO N THE ROW ON SW SIDE OF I j) 0 FOUND 5/8" ROD W/RED CAP #9651 \'` POWER POLE CENTERLINE N M ❑� FOUND 5/8" ROD W/YELLOW CAP #4850 W/AI`"\ \C�\ I \ oN Q PLACED MAG NAIL 17.63' I z w \9 \ Z O FOUND 5/8" IRON REROD W/ORANGE I I \ PLASTIC CAP MARKED "KOELKER 15487" - - - - - - SURVEYED EASEMENT LINE O PROPERTY LINE ' I ' LOT 2 _ I I 1n - CENTER LINE JQ ACRES \�� - - - - - - RIGHT OF WAY I �;� ;� ��ssg o ROW \ -x-x-x-x-x-x- EXISTING FENCE LINE ------ ------------ ------ EDGE OF ASPHALT LOT 2-1-1 OF THE `L N. - - OVERHEAD POWER LINE EASEMENT �'r, \� NE1/4 SE1/4, SEC. 1, �'��' 46.09' C ) RECORD DIMENSION S88'17'09' W ' sr, T88N, R2E R �O 61' X\ 47.90' W/AI WITH ANGLE IRON 69.57'(69. 56') 28.90 (28.90') \ 58.11'(58.03') ,�0 N41'31'41 130.71' 104.29' 1/4 1/4 SECTION LINE - - 223.84'(224.17') (104.26') 143.81" 429.02'(428.99') 207.55'(207.0') S 86°36'26" W S 87°09'12" W 487.13'(487.02') 249 30'(249. ) IN TREE 328.13'(328.43') LOT 14 OF \ LOT 13 OF LOT 1 OF "METROPOLITAN "METROPOLITAN ETROPOLLITANITAN HEIGHTS" 98.47'(98.46') CAMPERS PLACE LOT 2-IN S 88°1T09"') LOT '2 OF LAMPER'S PLACE HEIGHTS" HEIGHTS "M 0' 100' 200' 400' 4SU ES I N G ASSOCIATES INC. SCALE: 1" = 200' ENGINEERS AND SURVEYORS 1212 LOCUST ST, DUBUQUE, IA (563) 556-4389 DRAWN BY: JCH & TEL CHECKED BY: TLK NOTES SURVEY DATE: 4/5/11 PLOT DATE: 12/4/20 DWG. NO. 20332-02 SCALE: 1" = 200' 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. SHEET 1 OF 1 INSURANCE SCHEDULE City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees INSURANCE SCHEDULE A 45�-,Z/shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to the lease, license, or permit commencement. Ali 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 Iowa Insurance Division or an equivalent. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. L-e dated 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's 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 September 2020 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 & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85. Coverage A Statutory —State of Iowa 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 Iowa 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 Iowa Workers' Compensation Insurance Commissioner, as required by Iowa 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 September 2020 City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees C) a E) F) INSURANCE SCHEDULE A (Continued) POLLUTION LIABILITY Coverage required: _ Yes K 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. PROPERTY INSURANCE REQUIRED BY LEASE, LICENSE, OR PERMIT Yes X No Evidence of property coverage provided: _ Yes Include the City of Dubuque as Lender Loss Payable. RIGHT-OF-WAY WORK ONLY: UMBRELLAIEXCESS Yes I,< No $1,000,000 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. FLOOD INSURANCE Yes / No If Required Coverage Page 3 of 4 Schedule A Lessees of City Property; Right of Way Licensees or Permittees September 2020 City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. 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 Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa 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 Coverage. 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, Iowa 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, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (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 September 2020 Prepared by: Nate Kieffer 50 W. 131h Street Dubuque Iowa 52001 (563-589-4270) Return to: Nate Kieffer 50 W. 131h Street Dubuque Iowa 52001 (563-589-4270) GRANT OF ACCESS 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 Iowa, does hereby grant, sell and convey to Robert J. Flanagan and Tina M. Flanagan, husband and wife ("Grantees"), its lessees, licensees, successors and assigns, from the date hereof, an easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: PART OF LOT 1 OF JQ ACRES, DUBUQUE COUNTY, IOWA Said easement shall be as shown on the attached Exhibit A, for the purpose of access to Lot 1 of JQ Acres No. 3, Dubuque County, Iowa, including construction and maintenance of a private driveway and all appurtenances in connection therewith (the Private Improvements), along with the right, privilege and authority to construct, reconstruct, alter, maintain, repair, replace, patrol and remove said Private Improvements. Grantees, their successors and assigns, agree to pay for any damage caused to the land, fences, or other personal property of Grantor from the construction or maintenance of said Private Improvements. The City reserves unto itself the perpetual right for the purpose of erecting, installing, constructing, reconstructing, maintaining, owning, operating and repair of storm and sanitary sewers, watermain, pavement, street lights, gas, telephone, television, fiber optics cable, and electrical lines above or below said private Improvements as such utilities would not interfere with the existence of the Private Improvements. 04072020rnk Indemnification. Grantees 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 Private Improvements or any claim or damages arising out of or related to the use of the easement by Grantees or third parties. This obligation shall survive the termination of this Grant of Easement. Insurance. Grantees 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 Private Improvements. To have and to hold unto the said Grantees 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 Access Easement. zaz3 Dated at Dubuque, Iowa this day of [SIGNATURE PAGES TO FOLLOW] E CITY OF DUBUQUE By: Mayor dZib v (-.,?V /V'qL'W NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS:G�4� NI�GI� 2©z3 On this day of 2921- before me, the undersigned a Notary Public in and for said County, in said State, personally appeared 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 OF EASEMENT Robert J. Flanagan and Tina M. Flanagan accept the terms and conditions of the Grant of Access Easement. By: Jt✓ A- hl � Tina M. Flanagan By: 5Z,,,4 Robert . Flanagan NOTARY PUBLIC STATE OF IOWA ) ) SS. COUNTY OF DUBUQUE ) On this rday of 2021, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Tina M. Flanagan and Robert J. Flanagan, who executed the within and foregoing instrument and acknowledged that he/she executed the same as his/her voluntary act and deed. Notargublic In and For Said State V EXHIBIT A EXHIBIT A ACCESS EASEMENT: ACROSS LOT 1 OF JQ ACRES, Dubuque County, Iowa INDEX LEGEND Location: Lot 1 0f JO Acres SE1/4 of S0cA, TRBN, R2E (Table Mound TWP), of the 5th P,M., Dubuque County, lowo Requestar: Tina Flanagan PREPARED BY: BUESING & ASSOCIATES Proprietor: City of Dubuque " f 50 W 13th St., Dubuque. IA 52001 Surveyor: Terry L. Kaelker I 1 Company: Buesing & Associates, Inc. I " 1212 Locust St., Dubuque, IA 52GOI LOT 1 Return To: tlkoelker®huesing.cam (563) 558-4389 f + 1 JQ ACRES iOUNO MAC NAIL IN POST ^ ®THE NW CORNER DE o THE E l/4 SE7/4, o SECTION 1. TBSN. 112E M V to boo z � F �w Y d c�ipw o 33.09 ROW (33.10') 1 I1 1 1 I I N 0. 3 1 LOT 2 11 JQ ACRES W 1 I I THIS IS AN ASSUMED BEARING FOR THE PURPOSES 1 NO. 3 l 1 ( - - OF THIS SURVEY ONLY. N 86-3B'58E-1_32, 88'3858' -848.03'( 25 j 269-31'(2fi2'} -743.70' f I I 1 4 SECTION LINE FOUND SCM PATH TOP / DROKE OFF AND 1/2 ROD r STICKING OUT THE TOP 0 SEE El/4 CORNER. �1 I11 1 CURVE DATA SECTION 1. TBRN. R2E 30.00' WIDE I OVERHEAD a POWER UNE I 4 y EASEMENT � 15-DD•--, , m zoNyW 1S-n I ~wm¢ n N P��z zp\p I v4i - r5 z� I t4 n , amm�V W DETaIL a _ ND -SCALE 31' I� S 87T}5'11' E 4 Im 270, 89- l- --- - --� _34.4Z- ROW CENTERLINE OF BELLEVIIE S 870511 E HEIGHTS ROW (66' ROW) 259.43'(259.43') N LOT 1-1 IN THE SU6DINSION OF LOTS 4 AND 5 AND CF LOT 2-1 OF THE n NI SE1/4, SECTION 1, TBBN, R2E LEGEND FOUND 1" IRON PIPE # (UNLESS OTHERWISE NOTED) FOUND 1.25' IRON PIPE - B v FOUND MAG NAIL 11 FOUND 1/2" ROD W/YELLOW CAP y14417 Z 0 FOUND 5/B" ROD W/RED CAP 0965, 0 FOUND 5/11" ROD W/YELLOW CAP N4850 W/AI PLACED MAC NAIL Q FOUND 5/11' IRON REROO W/ORANGE PLASTIC CAP MARKED "NOELKER 15487" - - - - - - SURVEYED EASEMENT LINE PROPERTY LINE - - - CENTER LINE Ri GHT OF WAY -r-r-r-.-•- E%ISnNG FENCE LINE EDGE OF ASPHALT - OVERHEAD POWER LINE EASEMENT L ] RECORD DIMENSION VIA] WITH ANGLE IRON 69.5T(89.58')� i 104, 29, ARC CHORD CHORD CURVE DELTA RADIUS LENGTH TAN LENCTH BEARING Cl-A 26'47'26' 2aoC0' 130.92' 6G.68' 129.73' N62-4WZ5'W Gl-B 26'27'21' 313.OD' 155.45' 79.35' 153.BB' S63-39'24"L Cl-C 24191 247.CD iDS.31' 53.99' 105.49' N61.4533W C1-D 203VO7' 313.00' HZ18' 36.70' 111.58' S59'41'47"E C2-A won'o2" 70O.oO' 134.6D' 57.51' 13C39' N43"55'137YI C2-9 H-01'02" 733.00- 140.95- 7D.69- 140.73' 543'5513"E C2-C 11-01'02' 667.00' 126.25' 64.33' 128.06' N43'5VWW 0-A 51B'15" 667.00' 61.75' 30.9D' 61.72' S41-US49'E 12' G000' 37.24' 1867'37.8'S 114Y29-E gh8101 A 2B 5 0.DO B7.56' 44,50' 88.5Y IS 1'29'57'E - .�j!J LINE DATA 5 86'28' V 95.70'(95.5, 7') 1 I Nf zl II 1 I 1 { 1 no no' WIDE OVERHEAD POWER LINE EASEMENT �1 I II I 5ROW EACH 519E OF GENTERLINE OF H POLES) LOT 1 JQ ACRES LINEBEARING 01 STANCE L-1 N 38'2d'42' W 124.69' L-2 5 38'24'42' E 155.23' L-3 N 38'24'42" W 126.SB' nV 1u; �F CENTERLINE OF BELLEVUE + + Ij HEIGHTS ROAD (66' ROW) aI N II 1 r 11 11 I I. II rl I III I I zl I 1 i 1 1 I r ! ! 11 JI I I \ ZI71\ SBB'I T09"W� sal` 28.90' S B6.3fi 26" W S 87' 32H.13'(328.43') LOT 2-1-1-1-24 IN 5 66'17.09" W LOT 2 OF 'METRUPOUTAN HEIGHTS' 9B.47'(9B.46') CAMPER'S PLACE 0' 100' 200' 4OO' SCALE: 1" = 200' rn mlwF m 15A0' WIDE OVERHEAD p POWER UNE EASEMENT GN THE NE S{DE OF POWER POLE GENTERUNE AND TO N THE ROW tlN SW SIDE OF ` YIPDWm POLE CENTERLINE I w e � LOT 2 J0 ACRES LOT 2-I-1 OF 1HE NEI/4 SE1/4. SEC. 11 TBBN, R2E $,p' `,9R N y'•'q NCO 47.90' � 1/4 1/4 SEc11UN UNE 56 13031' -- 207.55'(247.0} 487.13'(487.02') S 87'20'29" W 249.3') IN TREE 249.3\ LOT 14 OF LOT 13 OF LOT 1 OF "METROPOLITAN "METROPOLITAN CAMPER'S PLACE HEIGHTS' HEIGHTS" rncJxsexs enru suRraroxs Izlz Locusr V. Dutlu9uE. P (563) 356-4364 NOTES 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS h1EREOF. 2 THIS PLAT 15 SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. S 20332-D2 ]I:ALt: l SHEET 1 OF 1 INSURANCE SCHEDULE City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees INSURANCE SCHEDULE A 1. G'�TNn� shall furnish a signed certificate of insurance to the City of Dubuque, Iowa 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 Iowa Insurance Division or an equivalent. Each certificate shall include a statement under Description of Operations as to why the certificate was issued.-----Trerrt dated 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's 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/ Iimits, 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 prerniums 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 September 2020 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 & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85. Coverage A Statutory —State of Iowa 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 Iowa 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 Iowa Workers' Compensation Insurance Commissioner, as required by Iowa 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 September 2020 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 X No Evidence of property coverage provided: _ Yes Include the City of Dubuque as Lender Loss Payable. E) RIGHT-OF-WAY WORK ONLY: UM BRELLAIEXCESS $1,000,000 Yes X 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 September 2020 City of Dubuque insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. 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 Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa 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 Coverage. 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, Iowa 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, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (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 September 2020 THE CITY OF DUB E Masterpiece on the Mississippi Insert Title Insert Subtitle Dubuque All Americalttyj 'III' 20012012. M 2017*2019 DISCLAIMER: This information was Compiled sing the Dubuque Area Geographic Information System (DAGIS), which mewdas data Created by both the City of Map Prepared by: Dubuque and Dubuque County. It is understood that, while Cityof Dubuque the City of Dubuque and participating agencies utilized the q lrmost current and actuate information available, DAGIS and 1 inch = 200 feet Engineering Division s suppliers do not warrant the accuracy or currency of the `n, C mformat' or data contained herein. The City and pamelpating V V E 50 West 13th Street agencies shall not be held liable for any direct, Indirect, Incidental, Dubuque, Iowa 52001 consequennal, punitive, or special damages, whether foreseeable or unforeseeable, arlsIng out of the authorized or unauthorized use of 100 50 0 100 200 300 Feet Phone: (563) 589-4270 this data or the Inability to use this data or out of any breach of warrantywhat:oeyer. S Fax: (563) 589-4205