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Acceptance of Grant of Easement for Access and Sidewalk from C Ellis Properties LLC Copyrighted October 16, 2023 City of Dubuque Consent Items # 020. City Council Meeting ITEM TITLE: Acceptance of Grant of EasementforAccess and Sidewalkfrom C Ellis Properties, LLC SUM MARY: City Manager recommending City Council adopt a resolution accepting the Grant of Easement for Access and Sidewalk, over and across Part of Lot 1 of Lot 9, Block 15, in Scenic View Heights No. 2, in the City of Dubuque, lowa, from property owner Chad Ellis (for C Ellis Properties, LLC or CEP)for the extension of the existing sidewalk on the east side of Miracle League Drive to the Veterans Memorial Park property and the granting of the appropriate easements along Miracle League Drive. RESOLUTION Accepting a Grant of Easement forAccess and Sidewalk Over and Across Part of Lot 1 of Lot 9, Block 15, in Scenic View Heights No. 2, in the City of Dubuque, lowa SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions Grant of Easement Supporting Documentation Dubuque THE CITY QF � All-Meriea Ciry DLT B E ; . � . � �� MaSt� Z�C� aYd t�Q Mt55ZSSZ Z zoa�•zoiz•�ai3 YP pp za��*zai� TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of Grant of Easement for Access and Sidewalk from C Ellis Properties, LLC DATE: October 9, 2023 City Engineer Gus Psihoyos is recommending City Council adopt a resolution accepting the Grant of Easement for Access and Sidewalk, over and across Part of Lot 1 of Lot 9, Block 15, in Scenic View Heights No. 2, in the City of Dubuque, lowa, from property owner Chad Ellis (for C Ellis Properties, LLC or CEP) for the extension of the existing sidewalk on the east side of Miracle League Drive to the Veterans Memorial Park property and the granting of the appropriate easements along Miracle League Drive. 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, PLS John Klostermann, Public Works Director Marie Ware, Leisure Services Director Arielle Swift, Assistant Public Works Director Dubuque THE CITY OF � All•pmeriea Ci� D L Y � il v�AI Q��:I Fn.J.F il � r I � MAste 12CE 01Z t�1e MiS81SS1 1 zoo�•zoiz=zois �P pp zoi�*zot9 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Acceptance of Grant of Easement for Access and Sidewalk from C Ellis Properties, LLC DATE: October 6, 2023 INTRODUCTION The purpose of this memorandum is to seek acceptance of a Grant of Easement for Access and Sidewalk, over and across Part of Lot 1 of Lot 9, Block 15, in Scenic View Heights No. 2, in the City of Dubuque, lowa, from property owner Chad Ellis (for C Ellis Properties, LLC or CEP) for the extension of the existing sidewalk on the east side of Miracle League Drive to the Veterans Memorial Park property. BACKGROUND Mr. Ellis is the owner of the Don Apartments property (common address 1717 Kane Street) at the northeast quadrant of the intersection Kane Street and Miracle League Drive. Currently, there is an existing sidewalk along the east side of Miracle League Drive that terminates 100 feet south of the City-owned Veterans Memorial Park property. The City wishes to extend the existing sidewalk on the east side of Miracle League Drive (and along the Ellis property frontage) to the Veterans Memorial Park property to provide a continuous sidewalk from Kane Street for safe pedestrian access to the park. DISCUSSION After some preliminary surveying work, it was discovered that the existing access driveway to the Veterans Memorial Park encroaches onto the CEP property and the proposed sidewalk extension improvements will encroach onto the CEP property. To clear up this issue, Mr. Ellis is willing to grant permanent access and sidewalk easement to the City over the encroaching park driveway area and recent sidewalk extension area. The City recently constructed the sidewalk extension and the associated curb and gutter and driveway apron. Mr. Ellis will own and maintain this sidewalk extension improvements after completion of the project by the City. The Engineering Department completed the sidewalk extension and associated curb and gutter work prior to the Public Works asphalt overlay project on Miracle League Drive that was completed this past July. Mr. Ellis has executed the attached Grant of Easement. RECOMMENDATION I recommend accepting the Grant of Easement for Access and Sidewalk, over and across Part of Lot 1 of Lot 9, Block 15, in Scenic View Heights No. 2, in the City of Dubuque, lowa from property owner Chad Ellis (for C Ellis Properties, LLC or CEP), for the extension of the existing 1 sidewalk on the east side of Miracle League Drive to the Veterans Memorial Park property and the granting of the appropriate easements along Miracle League Drive. ACTION TO BE TAKEN I respectfully request acceptance of the dedication of Grant of Easement for Access and Sidewalk from C Ellis Properties, LLC through the adoption of the enclosed resolution. Prepared by Nate Kieffer, PLS cc: John Klosterman, Public Works Director 2 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13'h Street,Dubuque, iA 52001 (563)589-4270 Return to: Nate Kieffer,City of Dubuque,50 W. 13th Street, Dubuque, IA 52001 (563)589-4270 RESOLUTION NO. 338-23 ACCEPTING A GRANT OF EASEMENT FOR ACCESS AND SIDEWALK OVER AND ACROSS PART OF LOT 1 OF LOT 9, BLOCK 15, IN SCENIC VIEW HEIGHTS NO. 2, IN THE CITY OF DUBUQUE, IOWA Whereas, C ELLIS PROPERTIES, LLC has executed a Grant of Easement for Access and Sidewalk, over and across Part of Lot 1 of Lot 9, Block 15, in Scenic View Heights No. 2, in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Access and Sidewalk, over and across Part of Lot 1 of Lot 9, Block 15, in Scenic View Heights No. 2, in the City of Dubuque, Iowa, from C ELLIS PROPERTIES, LLC, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved, and adopted this 16th day of October 2023. Brad M. Eayahagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk Doc ID: 011154490005 Type: GEN Kind: EASEMENT Recorded: 10/18/2023 at 08:50:49 AM Fee Amt: $27.00 Paqe 1 of 5 Dubuque County Iowa Karol Kennedy Recorder File2023 00009852 Prepared by: Nate Kieffer. City of Dubuque 50 W. 1391 Street, Dubuque. Iowa 52001 (563)589-4270 Retum to: Nate Kieffer, City of Dubuque, 50 W. 13'" Street, Dubuque, Iowa 52001 (563)589-4270 GRANT OF EASEMENT FOR ACCESS AND SIDEWALK For and in consideration of One Dollar ($1.00) and other good and valuable consideration, C ELLIS PROPERTIES, LLC ("Grantor") does hereby grant to the City of Dubuque ("Grantee"), a municipal corporation, its agents and contractors, from the date hereof, a right of way and easement through, under and across the following described real estate situated in Dubuque County, Iowa, to wit: Part of Lot 1 of Lot 9, Block 15, in Scenic View Heights No. 2, in the City of Dubuque, Iowa as shown on Exhibit A attached hereto and by reference made a part hereof. Said easement shall be as shown on the attached Exhibit A. Said Permanent Access and Sidewalk Easement shall be for the following purposes: 1. `Owning and maintaining driveway improvements and for public ingress and egress to and from the Veterans Memorial Park property. 2. For a sidewalk for public pedestrian access to and from the Veterans Memorial Park property. Said easement for driveway improvements includes the right, privilege, and authority to construct, reconstruct, maintain, operate, repair, patrol and remove said improvements. Said easement for driveway improvements shall also include the right to cut, trim or remove trees, bushes and roots as may be required incident to rights given herein. It is understood and agreed that the Grantee herein shall restore the disturbed area due to the construction, maintenance or repair of said driveway improvements. ®DBQ City En9 i neen o 3 2300 It shall be the responsibility of Grantor, and their heirs and assigns, to own and maintain the sidewalk within said easement per Section 10-1-2 of the City of Dubuque Code of Ordinances. Grantor shall not erect any structure over or within the Easement area without obtaining the prior written approval of the City Engineer. Grantor shall not change the grade, elevation, and contour or perform any construction or excavation that will diminish the lateral support or integrity of said driveway improvements without obtaining the prior written consent of the City Engineer. To have and to hold unto the said City of Dubuque, Iowa, forever, and the undersigned do hereby expressly covenant that they are the owners in fee of said real estate and have good right to execute this agreement, and that the Grantee, its agents or contractors, shall at all times have free access to and egress from and over said real estate to maintain or repair said driveway improvements thereon or therein. a, Dated at Dubuque, Iowa this ---Q S day of 2023. C ELLIS PROPERTIES, LLC BeI"? y: (��j �� Chad R. Ellis, Member NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this On day of erm: f1.D., 2023 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Chad R. Ellis, to me known to be the identical person(s) named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that they executed the same as their voluntary act and deed. w` KIM M PINS- Commission Number 12t2M w M Commissionx ' Notary Public In and For Said State 4f ► - - H y Z 7d w °' w cr �N o p S r' O U.U.c+ 2F? w U) Q o Q w CV) 4 71 0 0 7 N J# W N W U m2y��0 al o Y o Ld N ryJyyd° 36� a J Z (D p NZ l o Q m Z W N ti , > O cn o uj OV > Q z w_ 1 LLF ir W Z L W W o rn 0 -� w 00°O _ �\ �a w W Q d a a3i F-�rn W <nw- u crFw� ow �DQ�OD _U U Z J LO < D U) Q ri J Z W m LL U Z Z Y f n W w W p 0 o a� z U z � Co'n U n W o 0)(� J of a>mcn Q W w O oo� Q U a � af Z<F- -a- O o a iO�W Z a� �Tw DowW U w m ai o U M w Q Z X r LU w Q w m w w Z) x G 0 aafAF- Q m Z z �Nv chD p M W j W Z LO Q + Y d o Z Z Q a to N N _ W Q J z rN F- w w ZU)<W IS)�� ~ �w�-j� N (� w 3 (1) p r' OU d w O ❑ 00 Jr m� X w 00 �w a- < n w (D �o Ny�� N d' 00 Z M s�'sZ �� Sc 88ZS�0 EL N J z a £SOLOS uj o Cl) , 2 ch ww > £g 0HO LAN"�� ZM'6Z6r 5 ,� Z .69V�i ,Zvq�� 1 1, cow— =oo p z V w N o N a � 2§ o aWW � zW a Q0 � �7 �, z Q t�; Y W w p is < n N ca a z I--) () 3 Q a00 c z w o m w O 2 z Z AWN pF- pm Z W U) o � o� LLz � a �_ W a 0W Ocv d o � Y J M ao a O w LL a O Z Ip a O oo O w w O O W F- �1 w Z �� = pU O O x w Z O= W L� w p� O w T- w z Z U F- (D w a a- W w l cr w S �(-y.1 o Ur H p m a= N W U O J z W �g i �� • O g �� oo N r N N Prepared by: Nate Kieffer, City of Dubuque, 50 W. 131" Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13" Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 338-23 ACCEPTING A GRANT OF EASEMENT FOR ACCESS AND SIDEWALK OVER AND ACROSS PART OF LOT 1 OF LOT 9, BLOCK 15, IN SCENIC VIEW HEIGHTS NO. 2, IN THE CITY OF DUBUQUE, IOWA Whereas, C ELLIS PROPERTIES, LLC has executed a Grant of Easement for Access and Sidewalk, over and across Part of Lot 1 of Lot 9, Block 15, in Scenic View Heights No. 2, in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Access and Sidewalk, over and across Part of Lot 1 of Lot 9, Block 15, in Scenic View Heights No. 2, in the City of Dubuque, Iowa, from C ELLIS PROPERTIES, LLC, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved, and adopted this 16th day of October 2023. Brad M. Eavagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk CERTIFICATE of the CITY CLERK STATE OF IOWA SS: COUNTY OF DUBUQUE ) I, Trish L. Gleason, do hereby certify that I am the duly appointed, qualified, Assistant City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such Assistant 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. 338-23 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 17th day of October, 2023. Trish L. Gleason, Assistant City Clerk