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Grant of Easements to James B. Gansen and Mary L. Gansen, and Robert J. Flanagan and Tina M. Flanagan_HearingCity of Dubuque City Council Meeting Public Hearings # 05. Copyrighted June 20, 2023 ITEM TITLE: Grant of Easements to James B. Gansen and Mary L. Gansen, and Robert J. Flanagan and Tina M. Flanagan SUMMARY: Proof of publication on notice of public hearing to consider City Council approval of the disposal of City interest and 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 through the adoption of the attached resolution, and City Manager recommending approval. RESOLUTION Disposing 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 Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions Res. 175-23 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: June 13, 2023 City Engineer Gus Psihoyos is recommending City Council approval of the disposal of City interest and 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 through the adoption of the attached resolution. 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 C DUUB---*--FEI Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer Dubuque AII•America Eiiy vaxava�av�: irx3.r, tll�l®r 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: June 12, 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. Per Resolution No. 166-23, the City approved an agreement with the Gansens 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 had already signed their easement and quit claim deed documents, so no agreement was required with them. RECOMMENDATION I would recommend that the City Council approve of the disposal of City interest and 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. ACTION TO BE TAKEN I respectfully request approval of the disposal of City interest and 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 through the adoption of the attached resolution. Prepared by Nate Kieffer, PLS, PE Prepared by: Nate Kieffer City of Dubuque, 50 W 131h St. Dubuque, IA 52001 563 589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W 131h St. Dubuque, lA 52001-(563) 589-4270 RESOLUTION NO. 202-23 RESOLUTION DISPOSING 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, pursuant to Resolution No. 175-23 and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 9th day of June, 2023, the City Council of the City of Dubuque, Iowa met on this 20th day of June, 2023, at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, to consider the proposal for the granting of easements across City owned property described as: Part of Lot 1 of JQ Acres, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposed granting of easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the 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, be and the same is hereby approved. Section 2. That the Mayor be authorized and directed to execute the Grant of Easements for Access and the City Clerk be and is hereby authorized and directed to deliver said Grant of Easements to James B. Gansen and Mary L. Gansen, and to Robert J. Flanagan and Tina M. Flanagan. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this Grant of Easements for Access in the offices of the Dubuque County Recorder. Passed, approved, and adopted this 20th day of June 2023. Brad M. nagh, Mayor Attest - Adrienne N. Breitfelder, WC City Clerk Prepared by: Nate Kieffer City of Dubuque 50 W. 13th Street Dubuque IA 52001 (563) 589-4270 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13t' 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 20th 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 51h day of June, 2023. BradCavan&,-I*or Attest: h14-0 Adrienne N. Breitfelder, CMC City Clerk Doc ID: 011112750018 Type: GEN Kind: EASEMENT Recorded: 06/21/2023 at 09:24:13 AM Fee Amt: $92.00 Paqe 1 of 18 Dubuque County Iowa Karol Kennedy Recorder File2023-00005769 Prepared by: Nate Kieffer 50 W. 131" Street Dubuque Iowa 52001 (563-589-4270) Return to: Nate Kieffer 50 W. 13th 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 %) 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: 04142023rnk CJy EnSoeWi/i( " lL� That parcel of land described as follows: Commencing at the Northwest comer of the Northeast % of the Southeast% of Section 1, Township 88 North, Range 2 East, of the 5th P.M., Dubuque County, Iowa; thence South a distance of 528 feet; thence South 860 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 % of the Southeast % 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 aO Fhday of J-Une , 2023. [SIGNATURE PAGES TO FOLLOW] 2 CITY OF DUBUQUE By: Brad-M. Ca?!ag , Mayor NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this aO;" day of Jane , 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. .: ADRIENNE N. BREITFELDER Commission Number 828988 My Comm. Exp. Q/1q a0;3 3 Notary Public In and For Said State ACCEPTANCE OF EASEMENT �ame5 Q. G-wnsen mo�ry L. GanSe/1 -Ro nd accept the terms and conditions of the Grant of Access Easement. By: 4ZMe4 /-LS� (/ James 9. Gansen By: Y i� Mary L. GarYsen NOTARY PUBLIC STATE OF IOWA ) ) SS. COUNTY OF DUBUQUE ) On this S1- day of .— 1 , 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. n K1 it I FDANIELFLINT DRAKECOMM,ss c N_',nber7My cu, :.. .,Sign ESr,,: 20, 2024 Notary Public In and For Said State 4 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, THIN, R2E (Table Mound TWP), 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 Company. Buesing do Associates, Inc. I I 1212 Locust St., Dubuque, IA 52001 IReturn To: tlkoelker®buesing.com (563) 556-4389 I I PREPARED BY: BUESING 3 ASSOCIATES 111 I I ' LOT 2 I I JQ ACRES 111 I I I N0. 3 ''ll .L6� �'a�se'•-E-1 0.0�(13-zp')e�s6`s6' e-e4e.cs'1 FOUND MAC. NAIL IN POST ^ O THE NW CORNER OF W p THE NEI/4 SEI/4, .-. i� 30.00WIDE I 1 OVERMEAD�� g SECTION 1, T88N. R2E g POWEREASEM 11 15.00'�1 N. �+ Tn - . 11.52 1 ^Kci NI \ i DETAIL NO -SCALE a ,31• 33.09' •RfenJV ROW (33.10') S 87'05'11' E I I' ----� �-- 270_89_ ---- _qt. 42- --S ROW CENTERUE OF E 87'05'11' E HEIGHTS ROW (66' ROW) 259.43'(259.43') o N LOT 1-1 IN THE SUBDIVISION OF LOTS 4 AND 5 AND OF LOT 2-1 OF THE NE1/4 SE1/4, SECTION 1, TM, R2E oi LEGEND = • FOUND 1' IRON PIPE ; (UNLESS OTHERWISE NOTED) 0 FOUND 1.25' IRON PIPE 8 FOUND MAG NAIL 19 FOUND 1/2' ROD W/YELLOW CAP /14417 z QQ FOUND 5/8' ROD W/RED CAP P651 ❑� FOUND 5/8' ROD W/YELLOW CAP /4850 W/AI O° PLACED MAG NAIL O FOUND 5/8' IRON RUM W/ORANGE PLASTIC CAP MARKED 'KOELKER 15487- ------ SURVEYED EASEMENT LINE PROPERTY LINE - - - - - CENTER LINE RIGHT OF WAY -.-.-.-.-.-.- EXISTING FENCE LINE EDGE OF ASPHALT - - DVERHEAD POWER UNE EASEMENT ( ) RECORD DIMENSION W/AI WITH ANGLE IRON 104.29' S 86'36'26' W 328.13'(328.431 LOT 2-1-1-1-24 IN S 8617'09' W / 'METROPOUTAN HEIGHTS' 98.47'(98.46') 0' 100' 200' 'M. SCALE.: 1. 200' LOT 1 JQ ACRES NO. 3 THIS IS AN ASSUMED BEARING FOR THE PURPOSES OF THIS SURVEY ONLY. 1/4 SECTION UNE FOUND ;CM WITH TOP 1 BROKE OFF AND 1/2 ROD 1 STICK14G OUT THE TOP • E HE T CURVE DATA T1/4 CORNER, HESECTION 1, T88N, CARVE DELTA RADIUS LE AMC TAN. LENM 6EARM CI -A 26'4Y25' 28100' UO,92' 56.68' 129.73' 62'4W26'W CI-B 262T21' 313.00' 155.46' 79.36' 153.86' S83'39'24-E Ct-C 2C39035' 247.00' 106.314 S3.99' 105.49' N61'45'33W CI-0 273rUr 3I&OD' JIMIr70' 111 41'47'E C2-A 1101'02' 700.00' 134.60' 87.51' 134.39' N43'WlrW C2-B 11'01'02' 733.OU' 140.95' 70.69' 140.7}' S4}35'13'E C2-C 11.0 02' 667.00' 12a25' N.33' 12a06' N43'SWIrW C3-A 518'15 667.00' 61.75' 70.90' 61.72' S41'OS49'E 04-A 10'40.Or 200.00' 37.24• 1ae7' 37.16' s s•42'aa'E A ILINE DATA LINE CE S 88'28'07' V L-1 N 382442 W MSTANISTAN 95.70'(95.7') 1 I L-2 S 3824 42' E 155.27 L-3 N 3824'42' W 126.56 1 DO.00' WIDE OVERHEAD POWER LINE EASEMENT I 1-150.00 EACH SIDE OF CENTERUNE OF H POLES) I I' I I I II I Si 1 zl I I I I I I J SBB7 -09'W�\ 28.90' IF (28.90') 143.81' S 87'09'12� LOT 2 OF LAMPER'S PLACE LOT 1 JQ ACRES Y N W TERLINE OF BELLEWE n ;ITS ROAD (66' ROW) I.J _ 15.00' WIDE OVERHEAD I " \ POWER LINE EASEMENT aN TRE ME SIDE OF POWER \ \ POLE CENTERUNE AND TO ' \ \ \ THE ROW ON SW SIDE \\ ` Y]POWER POLE CENTERLINE i] \` I 17.63' I z LOT 2 JQ ACRES �(o LOT 2-1-1 OF 1HE NEi/ T>lB1/4SEC. 1, ►0,OL 1 46.09• 6, y 7.90' 58.11•(58.03) 9k. ��� N41'31'41'W \ \ 1 /4 SECTION LINE - �6 130.71' _ s 97'20'29 W " 1 487.13'(487.02') 249.30'(249.3') IN TREE LOT 14 OF \ _.LOT I3 OF LOT 1 OF 'METROPCIJTAN METROPOLITAN LAMPER'S PLACE HEIGHTS' HEIGHTS" 1212 LOCUST ST, OIOUQUE, W (W3) .Ah4 NOTES v ---- 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. DWG. NO. 20332-02 SCALE: z 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 Ge16I EE' 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. 6ease A im mm dated ^P1Z!L. JS Z02_3 iCL,�5 tI5i:11Lr, i 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 INSURANCE SCHEDULE A (Continued) C) 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. 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: UMBRELLA/EXCESS $1,000,000 Yes >� No The General Liability, Automobile Liability and Workers Compensation insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including Waiver of Subrogation AND Primary and Non-contributory in favor of the City F) FLOOD INSURANCE _ Yes No If Required Coverage Page 3 of 4 Schedule A Lessees of City Property, Right of Way Licensees or Permittees 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. Clalms 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 City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees INSURANCE SCHEDULE A Ge-qM' C_ 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. reemKem dated AP2r� 5 zo23 G,z� Or._ CeESs L-WSPAJ i 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 INSURANCE SCHEDULE A (Continued) C) 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. 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: UMBRELLA/EXCESS Yes 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. F) FLOODINSURANCE 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, City of Dubuque, 50 W 13t" St. Dubuque IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W 1311 St. Dubuque, IA 52001-(563) 589-4270 RESOLUTION NO. 202-23 RESOLUTION DISPOSING 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, pursuant to Resolution No. 175-23 and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the g1h day of June, 2023, the City Council of the City of Dubuque, Iowa met on this 20th day of June, 2023, at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, to consider the proposal for the granting of easements across City owned property described as: Part of Lot 1 of JQ Acres, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposed granting of easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the 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, be and the same is hereby approved. Section 2. That the Mayor be authorized and directed to execute the Grant of Easements for Access and the City Clerk be and is hereby authorized and directed to deliver said Grant of Easements to James B. Gansen and Mary L. Gansen, and to Robert J. Flanagan and Tina M. Flanagan. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this Grant of Easements for Access in the offices of the Dubuque County Recorder. Passed, approved, and adopted this 20t" day of June 2023. Brad M. poO,4nagh, Mayor Attest: Adrienne N. Breitfelder, CIVIC 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. 202-23 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 21 st day of June, 2023. IMN �e' ),- • �, •� At • `' I Adrienne N. Breitfelder, bity Clerk Doc ID: 011117320014 Type: GEN Kind: EASEMENT Recorded: 06/30/2023 at 09:40:12 AM Fee Amt: $72.00 Paqe 1 of 14 Dubuque County Iowa Karol Kennedy Recorder File2023-00006217 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. 04072020mk "uThQ Cc4y L�tr1eC -,'0 't2�' 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. tr zaL3 Dated at Dubuque, Iowa this -.- O day of j tj 2621.� [SIGNATURE PAGES TO FOLLOW] 2 CITY OF DUBUQUE By: -- Rey Swe�, NOTARY PUBLIC STATE OF IOWA, i3RIId M COUNTY OF DUBUQUE, SS: G�i�'`IW4GI� 2©z3 On this aO r" day of Suite , 29211 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. 12 64 4 o�•" '•. ADRIENNEN.BREITFEIDER Notary Public In and For Said State ComMISSION Number 82NU My Comm. UP. 11 I 3 3 ACCEPTANCE OF EASEMENT Robert J. Flanagan and Tina M. Flanagan accept the terms and conditions of the Grant of Access Easement. By: JtAk ko Cinrx Tina M. Flanagan By: W6�1 Robert(J. Flanagan NOTARY PUBLIC STATE OF IOWA ) SS. COUNTY OF D UBUQUE ) On this r 3 day 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. L.� ANGELA DEMMER No tartpublic In and For Said State Commission NundW 7=57 W. MY Co i i ow" 4 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 (Table Mound TWP), 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 Company. Bussing & Associates, Inc. I I 1212 Locust St., Dubuque, IA 52001 I Return To: tlkoelker®buesing.com (563) 556-4389 I I FOUND MAC NAIL IN POST ^ O THE NW CORNER OF W p THE NE1/4 SE1/4, Ci SECTION 1. T88N. R2E n0 Nv o+ 0 °�rc " ° I, t�n0� � N o ��NU \ NO= 0 33.09' ROW (33.10' PREPARED BY; BUESING R ASSOCIATES I 11 I I JQ AC ES 1- I N0. 3- T...-. -N 86'3836""E...1 0.0 {(132 'BB'3B'S8" -B48.B3' LOT 1 JQ ACRES NO. 3 THIS IS AN ASSUMED BEARING FOR THE PURPOSES OF THIS SURVEY ONLY. -,2.43, 0! I 1/4 SECTION LINE 269.31'(262') I I 33.01' ' Is I CURVE DATA 30.00' WIDE ' OVERHEAD OR POWER UNE� NEASEMEN13.00,- `p� zprv+15.00' i IN oas 0 9z i- n in r�i Zo y�� I W�601� -I S 87'05'11" E - 270.89' --- _34.42- CENTERLINE OF BELLEVUE 5 87'05'11" E ROW HEIGHTS ROW (66' ROW) 259.43'(259. 43') r LOT 1-1 IN THE SUBDIVISION OF LOTS 4 AND 5 AND OF LOT 2-1 OF THE NEI/4 SE1/4, SECTION 1, T88N, R2E LEGEND • FOUND 1' IRON PIPE 3 (UNLESS OTHERWISE NOTED) FOUND 1,25" IRON PIPE v IB FOUND MAG NAIL B FOUND 1/2• ROD W/YELLOW CAP ,14417 Q FOUND 5/8" ROD W/REO CAP ,9651 p FOUND 5/8- ROD W/YELLOW CAP µ850 W/AI O PLACED MAG NAIL 0 FOUND 5/8- IRON REROD W/ORANGE PLASTIC CAP MARKED 'KOELKER 15487- ------ SURVEYED EASEMENT LINE PROPERTY LINE - - - - - CENTER LINE - - - $09y - - RIGHT OF WAY -•-•-•-•-•-•- EXISTING FENCE LINE --- ----- ---------- - - - EDGE OF ASPHALT OVERHEAD POWER LINE EASEMENT ( ) RECORD DIMENSION V/AI WITH ANGLE IRON 89.57'(69.56')� 104.29' I \ v IrrFFW � 1� V In FOUND SCM WITH TOP BROKE OFF AND 1/2 ROD STICKING OUT THE TOP O THE E1/4 CORNER, SECTION 1, T88N. R2E m n 1 IR ' $111333 I I 6t ICl-C ' 3.00' I 3 00^'.yip I b' I SFS I z @71 WRVE C1-A C1-8 DELTA 547'25' 28-27'21- RADIUS 280.00' 513.00' ARC ACTH 130.92' 155.45' TAN. 66.68' 79.36' CHORD LENGTH 129.73' 153.88' CHORD BEARIND N62'49'26 W 583'39'24"E 24'39'313" 141.00' 106.31' 53.99' 105.49' NSI-45.33"W CI-D 2O'32'Or 313.00' 11z1Y 7D' Imes! S59'4T'47 E C2-A 11'01'02" 700.00' 134.50' 57.51' 134.39' 14431513"W C2-8 11-01'02" 733.00' 140.95' 70.69' 140.73- S43'5513-E C2-C '02" 67.00' 1 64.35' N43'5513"W C3-A 51S'1Y 657.00' 81.75' 30.90' E-.72' S4193'49"E Ch '0{OY200 0 3B7g3718' BT229EYnlI 2 7.. S 87E aW W I LINE DATA s 88.2807" w� LINE BEMINC DISTANCE 95.70'(95.7') \ YV \ I n1 I L-1 N JB'24'42" W 124.69' I L-2 5 J8'24'42' E 155.23' L-3 N 38'24'42 W 126.58' (�I 1100.00' WIDE OVERHEAD POWER LINE EASEMENT (I 1 1 (50.00' EACH SIDE OF CENTERLINE OF H POLES) LOT 1 JQ ACRES \ \ oh- \ �1\l I �1.•`�*,1a �'t " CENTERLINE OF BELLEWE HEIGHTS ROAD (66' ROW) I 15.00' WIDE OVERHEAD 'IN,Z'� •\\ POWER LINE EASEMENT ON THE NE SIDE OF POW ri I u1 I \ \ POLE CENTERLINE AND 7 THE ROW ON SW SIDE 0 n I- \ \ 'QPOWER POLE CENTERUN' o 17,83' I �\ I I LOT 2 ' JO ACRES (\\ `� ( \ LO7 2-1-1 OF THE N9ryO9N,, \C1 \a, NE1/4 SE1/4, SEC. 1, S88'I7'09'W\!aa•FT88N, R2E 9NpN0`N°,\ (28.90') \��w\\ 58.11'(SB.03') N°-1P4i N41'31'41"W \ ` 1/4 1/4 SECTION LINE ♦6 130.71' 207. 55'(207.0') 429 02'(428 99') \ a N C 223.64 1[4'. II 1 143.81 ' 487.13'(487.02') '� \ S 85-36.26' W 5 87'09'12" W 249 30' 249: ) IN TREE 328.13'(328.43') LOT 14 OF LOT 13 OF 'NETROPOUTAN 'METROPOLITAN LOT.2 OF LOT 1 OF LOT 1 IN 5 BB7(9a.4 W LAMPER'S PLACE HEIGHTS' HEIGHTS" LAMPER'5 PLACE .METROPOLITAN HEIGHTS' 'METROPOLITAN HEIGHTS' 98.47'(98.46') 0' 100' 200' 400' jBl�1EASIING SCALE: 1' 200' RNGINSHAS AAA 9DAYS"Aa 121E LOCUST ST. DUBUQUE, M (sea) 055-4389 DRAWN BY, JCH 6 TPL CHECKED I NOTES SURVEY DATE: 4/5/11 PLOT DATE: 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. DWG. NO. 20332-02 SCALE: 1" 2. THIS PLAT 15 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 1. 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.: :Tment dated is Z.1 &/r a= L79 SEM M 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) D) E) F) INSURANCE SCHEDULE A (Continued) POLLUTION LIABILITY Coverage required: _ Yes x 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: UMBRELLA/EXCESS Yes %� 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 )c 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, City of Dubuque, 50 W 131h St. Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W 1311 St. Dubuque, IA 52001-(563) 589-4270 1:4 *1811R]1101,1111k, Lf>wl a+T3c RESOLUTION DISPOSING 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, pursuant to Resolution No. 175-23 and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 9th day of June, 2023, the City Council of the City of Dubuque, Iowa met on this 20th day of June, 2023, at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, to consider the proposal for the granting of easements across City owned property described as: Part of Lot 1 of JQ Acres, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposed granting of easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the 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, be and the same is hereby approved. Section 2. That the Mayor be authorized and directed to execute the Grant of Easements for Access and the City Clerk be and is hereby authorized and directed to deliver said Grant of Easements to James B. Gansen and Mary L. Gansen, and to Robert J. Flanagan and Tina M. Flanagan. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this Grant of Easements for Access in the offices of the Dubuque County Recorder. Passed, approved, and adopted this 201" day of June 2023. 1 l Brad M. p046agh, Mayor Attest: Adrienne N. Breitfelder, CIVIC 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. 202-23 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 2111 day of June, 2023. r� SEAL) ak�'t A, Aj//,& Adrienne N. Breitfelder, City Clerk 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 le I ao I xo")-3 STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 06/09/2023 and for which the charge is 71.15 Subscribed to be ore me, a Notary Public and for Dubuque County, Iowa, this 9th day of June, 2023 Notary Publi and for Dubuque Cou ty, Iowa. ti5o PAPEber 19 eS5n Exp025 Ad text 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.coin/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 etyclerk@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 5th day of June 2023. Adrienne N. Breitfelder, CMC City Clerk 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 I 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 20th 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 5th day of June, 2023. /s/ Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk 1 t 6/9