Acceptance of Grant of Easement for Storm Sewer Utility across Rabbit Hollow Nature Conservancy, Inc. Property off of Rockdale Rd. in DubuqueCity of Dubuque
City Council Meeting
Consent Items # 07.
Copyrighted
March 4, 2024
ITEM TITLE: Acceptance of Grant of Easement for Storm Sewer Utility across Rabbit
Hollow Nature Conservancy, Inc. Property off of Rockdale Rd. in
Dubuque
SUMMARY: City Manager recommending City Council adopt a resolution accepting
the Grant of Easement for storm sewer utility from Rabbit Hollow Nature
Conservancy, I nc. for recently constructed storm sewer extension
improvements across part of Lot 2 of Rabbit Hollow Place # 5, in the City
of Dubuque, Iowa.
RESOLUTION Accepting a Grant of Easement for storm sewer utility
through, under and across part of Lot 2 of Rabbit Hollow Place # 5, in the
City of Dubuque, 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
Grant of Storm Easement Supporting Documentation
Area Map Supporting Documentation
THE C
Dubuque
DUjIBQTE
WAWca 914
Masterpiece on the Mississippi
YP pp
aoo�•o 13
zai7*20*�oi9
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of Grant of Easement for Storm Sewer Utility across Rabbit
Hollow Nature Conservancy, Inc. Property off of Rockdale Rd. in Dubuque
DATE: February 27, 2024
City Engineer Gus Psihoyos is recommending City Council adopt a resolution accepting
the Grant of Easement for storm sewer utility from Rabbit Hollow Nature Conservancy,
Inc. for recently constructed storm sewer extension improvements across part of Lot 2
of Rabbit Hollow Place # 5, in the City of Dubuque, Iowa.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Nate Kieffer, PE/PLS
Dubuque
THE CIF
DUijBE
Alf -America Mly
—t��11 I -
Masterpiece on the Mississippi
2017*2019
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Acceptance of Grant of Easement for Storm Sewer Utility across Rabbit
Hollow Nature Conservancy, Inc. Property off of Rockdale Rd. in Dubuque
DATE: February 26, 2024
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a grant of easement for
storm sewer utility from Rabbit Hollow Nature Conservancy, Inc. for recently constructed
storm sewer extension improvements across part of Lot 2 of Rabbit Hollow Place # 5, in
the City of Dubuque, Iowa.
DISCUSSION
The Engineering Department recently completed a storm sewer extension project off of
Rockdale Road to address some erosion issues that were occurring on property owned
by Rabbit Hollow Nature Conservancy, Inc.. The project included an extension of an
existing storm sewer that drains the Rockdale Road pavement, installation of an energy
dissipating outlet structure, and installation of a rip rap outlet area. The storm sewer
extension project was coordinated with the property owner.
The City of Dubuque will own and maintain the newly constructed storm sewer
extension and appurtenances. The attached Grant of Easement shows the location of
the storm sewer easement across the Rabbit Hollow Nature Conservancy, Inc. property.
The property owner has executed the grant of easement.
RECOMMENDATION
I recommend accepting the Grant of Easement for Storm Sewer Utility through, under
and across Part of Lot 2 of Rabbit Hollow Place # 5, in the City of Dubuque, Iowa, as
shown on Exhibit A on the attached Grant of Easement.
ACTION TO BE TAKEN
I respectfully request acceptance of the Grant of Easement for Storm Sewer Utility from
Rabbit Hollow Nature Conservancy, Inc. through the adoption of the enclosed
resolution.
Prepared by Nate Kieffer, PE/PLS
1
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. 1 P Street Dubuque IA 52001 (563) 589-4270
RESOLUTION NO. 50-24
ACCEPTING A GRANT OF EASEMENT FOR STORM SEWER UTILITY THROUGH,
UNDER AND ACROSS PART OF LOT 2 OF RABBIT HOLLOW PLACE # 5, IN THE
CITY OF DUBUQUE, IOWA
Whereas, Rabbit Hollow Nature Conservancy, Inc. has executed a Grant
Easement for Storm Sewer Utility through, under and across Part of Lot 2 of Rabbit Hollow
Place # 5, 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 Storm Sewer Utility through, under
and across Part of Lot 2 of Rabbit Hollow Place # 5, in the City of Dubuque, Iowa from
Rabbit Hollow Nature Conservancy, Inc., 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.
Passed, approved and adopted this 4th of March 2024.
Attest: ff
Adrienne N. Breitfelder, City Clerk
Prepared by: Nate Kieffer City of Dubuque, 50 W. 131h Street, Dubuque, Iowa 52001 (563)589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 1311 Street, Dubuque, Iowa 52001 (563)589-4270
GRANT OF STORM SEWER UTILITY EASEMENT
For and in consideration of One and 00/100's Dollars ($1.00) and other good and
valuable consideration, the receipt whereof is hereby acknowledged, RABBIT
HOLLOW NATURE CONSERVANCY, INC., ("Grantor"), of Dubuque County,
State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and
convey to the CITY OF DUBUQUE, IOWA, ("Grantee"), a municipal corporation,
its agents and contractors, from the date hereof, rights of ways and easements
through, under and across the following described real estate situated in
Dubuque, Iowa, to wit:
Part of Lot 2 of Rabbit Hollow Place # 5, 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 for the purpose of
constructing and maintaining a storm sewer utility and other appurtenances,
along with the right, privilege and authority to construct, reconstruct, maintain,
operate, repair, patrol and remove said improvements. Said easement 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 to like conditions due to the construction, maintenance or repair of said
storm sewer and appurtenances. Grantee shall provide Grantor with a minimum
of seven days' notice prior to accessing the easement area.
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 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 storm sewer
utility thereon or therein.
Dated at Dubuque, Iowa this day off, 2024
RABBIT HOLLOW NATURE
CONSERVANCY. INC.
M
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this 04\ day of VZb. _, A.D., 2024 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared
Andrew J. Butler 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.
C 1�` d&
Traci A. Kelly Notary Public In anjWFor Said State
Iowa Notarial Seal
Commission # 166 1B
My Commission Expires U- ?.
�/
Q
N
00
Lid
cD
L0
D_
O
N
L0
Q
M
r
7O
7
O
L0
^L,
W
Y
(D
M
(D
L—
O
ti
Dubuque CITY OF DUBUQUE
ENGINEERING DEPARTMENT
kgftdCITY HALL, 50 WEST 13th STREET
All -America City 0U6UG2UE, IA 52001-4864
' I PHONE (563) 589-4270 FAX (563) 589-4205
Drawn By: RN Approved By: RINK date: 02-26-2024
PART OF LOT 2 RABBIT HOLLOW PLACE # 5,
® CITY OF DUBUQUE, IOWA
2007 C.I P. Number: 51heet Number, 1 of 1
NORTH
0 25' 50. 100,
SCALE 1" = 50' FEET
LOT 2 RABBIT HOLLOW
PLACE # 5 PER
INST. NO. 2023-11070
PERMANENT SANITARY
SEWER UTILITY EASEMENT
(WIDTH VARIES AS NOTED)
LOT 1 RABBIT HOLLOW
PLACE # 5 PER
INST. NO, 2023-11070
RIGHT OF WAY LINE
(TYP.)
FD. 518" REBAR
WY CAP
NO. 15487
PROPOSED40'WIDE \ `
EASEMENT
LEGEND
®
FOUND SURVEY MONUMENT AS NOTED
R.0.W.
RIGHT OF WAY
(100.04')
RECORD DIMENSION
LINE BREAK
ADJACENT PROPERTY LINE
--- RIGHT OF WAY LINE
-------- PROPOSED EASEMENT LINE
I hereby certify that this land surveying document was prepared and
the related survey work was performed by me or under my direct
personal supervision and that I am a duly licensed Land
Surveyor under the laws Of the State Of Iowa.
For the City of Dubuque
RUISSEL N.
KIEFFER
18128
01-z6 zo2g
• 1OWN�• Russell N. Kieffer Iowa Lic. No. 18128 Date
My license renewal date is December 31, 2024
Pages or sheets covered by this seal, THIS PAGE ONLY
EASEMENT
PERMANENT SANITARY \ �� Nr6 4j=yam
SEWER UTILITY EASEMENT —�*��� ` S�W�'a�4�o!`��
(WIDTH VARIES AS NOTED)
PROPERTY LINE
(TYP.) EXIST. 10' WIDE PROPOSED 10' WIDE
EASEMENT PER EASEMENT (ADD, 10'
INST. NO. 5329-82 BOTH SIDES OF EXIST-
1U WIDE EASEMENT)
LOT 2-1 —1-1
OF MIN. LOT 5
NOTES
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
2. PROPRIETOR OF ABOVE DESCRIBED LOT: RABBIT HOLLOW NATURE CONSERVANCY,
INC.
3. SURVEY REQUESTEC SY: CITY OF DUBUQUE, 50 W. 13TH ST. DUBUQUE, IOWA
4. THIS EASEMENT PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND N07 OF
RECORD.
NOTE:
THIS SURVEY IS LOCATED IN THE
SE & SW 1 /4 SECTION 36,
T89N, R2E
(DUBUQUE TOWNSHIP)
OF THE 5TH P.M. IN THE
CITY OF DUBUQUE, DUBUQUE
COUNTY IOWA
CITY OF
FD. 518" REBAR
WI CAP
NO. 15487
50. Aso 5
�1
0
m
%4
v
O
D.MAG
1—FD. MAG NAIL
f
ARC L=86.76' (56.64)
CHORD S19° 59' 12"W 86.75'
MAG NAIL
DUBUQUE
EXHIBIT A - STORM SEWER UTILITY EASEMENT
COUNTY DUBUQUE PARCEL NO. JOB NO.
PROJECTBUTLER ROCKDALE STM. SECTION 36 TWP 89N RANGE 2E
ROW —FEE N/A EXIST. ROAD N/A PERM. EASEM'T SEE ABOVE
LEGAL DESCRIPTION PART OF LOT 2 RABBIT HOLLOW PLACE # 5
OWNER RABBIT HOLLOW NATURE CONSERVANCY, INC.
1,
Iowa
Natural Heritage
Foundation
505 5th Avenue, Suite 444
Des Moines, IA 50309 2321
wvvw.inhf org
info@nhforg
515-288-IM
February 19, 2024
Rabbit Hollow Land Conservancy, Inc.
898 Mount Carmel Road
Dubuque, IA 52003
Re: Storm Sewer Utility Easement
Dear Mr. Butler,
Thank you for your email dated February 19, 2024, requesting permission to grant the
City of Dubuque a Storm Sewer Utility Easement. For clarification purposes, this project
is related to an existing storm sewer utility easement filed on record on September 30,
1982. From your description, the City is requesting this easement to update the existing
one to provide greater accuracy and correct some erosion issues within the utility
corridor. INHF has reviewed your request and terms of the easement and find your
request to be consistent. Please accept this letter as approval for your proposed project.
If you have any questions, please contact Tylar Samuels or me at evanwaus@inhf.org.
Thank you,
Erin Van Waus
Conservation Easement Director
THE CITY OF
DUB E
Masterpiece on the Mississippi
Dubuque
Insert Title ;liAmerica City
Insert Subtitle 2017*2.0119
217+29
1311 1195 _
1600t --
1205 _ 1630 T 165D
X.
1215 1645 .�
1675
4
- II yy
' ... 4 .
�1227
+�+ 1222
r 1685
1243
i
Z.
1267 1.242
r
1285..
DISCLAIMER: This information was compiled
sing the Dubuque Area Geographic Information System
(DAGIS), which includes data created by both the City of
Dubuque and Dubuque County. It is understood that, while
the City of Dubuque and participating agencies utilized the
Itmost current and a«u ate information available, DAGIS and
's su ppuers do not warrant the accuracy or currency of the
Information or data contained herein. The City and participating
agencies shall not be held liable for any direct, Indirect, Incidental,
nsequential, punitive, or special damages, whether foreseeable or
uunforeseeable, arls Ing out of the authorized or unauthorized use of
this data or the Inability to use this data or out of any breach of
warranty whatsoever.
N Map Prepared by:
City of Dubuque
1 inch = 100 feet W E Engineering Division
50 West 13th Street
Dubuque, Iowa 52001
100 50 0 100 Feet c Phone: (563) 589-4270
J Fax: (563) 589-4205
Doc ID: 011197120006 Type: GEN
Kind: EASEMENT
Recorded: 03/05/2024 at 04:14:18 PM
Fee Amt: $32.00 Paqe 1 of 6
Dubuque County Iowa
Karol Kennedy Recorder File2024-00001 !% %
15
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 131h Street, Dubuque, Iowa 52001 (563)589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 131h Street, Dubuque, Iowa 52001 (563)589-4270
GRANT OF STORM SEWER UTILITY EASEMENT
For and in consideration of One and 00/100's Dollars ($1.00) and other good and
valuable consideration, the receipt whereof is hereby acknowledged, RABBIT
HOLLOW NATURE CONSERVANCY, INC., ("Grantor"), of Dubuque County,
State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and
convey to the CITY OF DUBUQUE, IOWA, ("Grantee"), a municipal corporation,
its agents and contractors, from the date hereof, rights of ways and easements
through, under and across the following described real estate situated in
Dubuque, Iowa, to wit:
Part of Lot 2 of Rabbit Hollow Place # 5, 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 for the purpose of
constructing and maintaining a storm sewer utility and other appurtenances,
along with the right, privilege and authority to construct, reconstruct, maintain,
operate, repair, patrol and remove said improvements. Said easement 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 to like conditions due to the construction, maintenance or repair of said
storm sewer and appurtenances. Grantee shall provide Grantor with a minimum
of seven days' notice prior to accessing the easement area.
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 improvements
without obtaining the prior written consent of the City Engineer.
eeriny tad 2)1w
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 storm sewer
utility thereon or therein.
Dated at Dubuque, Iowa this day of JD 2024.
RABBIT HOLLOW NATURE
CONSERVANCY, INC.
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
J. ButleK, President
On this lam)-` day of , A.D., 2024 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared
Andrew J. Butler 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.
Notary Public In or Said State
Traci A. Kelly
Iowa Notarial Seal
Commission # 165 16
IT CC:.j=4ZZ>1Gn EXr,'-
Reserved for Recorder
Prepared By: Nate Kieffer 50 West 13th St. Dubuque,IA 52001 Ph:563-589-4270
I
Cn CD �a Cl..�.. ROFss I I D N- a C
r Cr
�^� rXC �� ' I \ O UJ j N 0—d
0. Im m CO) I O Z u v' ,Z �� cs C
-n m �. e�
:k : N T rr,r- ' O z 0 0
��X :O m
Z• 0 C- m m TO C)
@ ^
D v O z i '�+ l 1 cOi� O Z m v O Cn _3 D m mH
C
m D D < x Z
p s z D - z m O { +n
y�� a m Z m o m C) C>
y z C� r m
x a m O O o O ¢1r m
� "mpg z Z Z O� $ �fJr�0
m m p m C N
O "-_N` Q m o� m r.. r -n r� �C
gal y �N Z m z pDOo mNm°Z
D c =i mN
v� E tom o z Z m O S
d N 3 N C o� m
p 3 rnrr �v�D("�
0 0 p0�7A�
33
n �A
yA Oy "� mmA/�J
> V a'� o my m W Z!V
m tN�a m D A ±k rn N
o n m� t07o
< v _ a zm ?
o
N
(� o
O
m
0—
l000m= Z 02:C 11 O
,1C c0 T!AA O- to wy °°' ,
Z -i CO Z Rn rTl mD { �q w '
40mc-mO�(nc mm Ol
p0U'm m� < Z° o; cC CO) a�
�C21 aN Tm G m m� L
Dm 0 �m C3 v G �O 7 //
Cmz (n 0) -< �p ov ;a ;a iv
ITI = n0 c� mz Din !�
OZ� �n `m� pm �rz �w /
C O D n 0 m r m m / o
z - � � CO r- z m
'_ � OO OZ O0 m V1 -1
O (4 yC r00 D m y
C O1 z F o 1 m N CO) D D
m im �� Z I ZmZ
m �O WN r- I -mD
p2 O�
Z ,
y,� I I /
02 Om Ul , /c yq
m o Z OC) Com � �.''i'�
Xc � �N� ,/ 1 ��� Nip
I[) m m-A
zm p OZo / / �mm �mN
oz0 m ��m � N� / Z
i / / 2m> DAD
o < N / ,/ / D-1Z ou Cu
r
mm� wm
vom3o �CA/ Cl) oO�0 >mz -
mO -0O (a D
�<
r
Z > m C m> /./ ZD O
mz f�0Mo
3og< mm
m Zx�o/ ��/� m o m z
�Nmxy0 7 g a _ '
00 c
00
O Z C D / D �> o
`/ Z m
i�o ��
N m ~ � NP m D
CO
n y D N 02 p� O
O N p n r (n Q 'L.06,r
cZn z m m \ \ ro
��nz0 3 Ro
` m d cK�q�
z w rJ' Z F R o Z
D) �--1
C% 0 r mo S16. 51^ry 1 100, 1. o m
Z0 /�) \ 0 N 161.5r(161.83) O, VI/� O o
ICC, l� mom \ zD ,v T°9
Ci J m
D >
CO m�
m D \
Ch > > o Cn 0. � , \
Vi
Czi m m \�_
m z
� O m 91 �>
z
m m —I
a
DO
0
m
505 5th Avenue, Suite 444
Des Moines, IA 50309 2321
www.inhfag
Iowa infoanhforg
Natural Heritage 515-28&S46
Foundation
February 19, 2024
Rabbit Hollow Land Conservancy, Inc.
898 Mount Carmel Road
Dubuque, IA 52003
Re: Storm Sewer Utility Easement
Dear Mr. Butler,
Thank you for your email dated February 19, 2024, requesting permission to grant the
City of Dubuque a Storm Sewer Utility Easement. For clarification purposes, this project
is related to an existing storm sewer utility easement filed on record on September 30,
1982. From your description, the City is requesting this easement to update the existing
one to provide greater accuracy and correct some erosion issues within the utility
corridor. INHF has reviewed your request and terms of the easement and find your
request to be consistent. Please accept this letter as approval for your proposed project.
If you have any questions, please contact Tylar Samuels or me at evanwaus@inhf.org.
Thank you,
C"�
(iaw, ub�
Erin Van Waus
Conservation Easement Director
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13'h Street, Dubuque, IA 52001 (563) 589-4270
Retum to: Nate Kieffer, City of Dubuque, 50 W. 131 Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO.50-24
ACCEPTING A GRANT OF EASEMENT FOR STORM SEWER UTILITY THROUGH,
UNDER AND ACROSS PART OF LOT 2 OF RABBIT HOLLOW PLACE # 5, IN THE
CITY OF DUBUQUE, IOWA
Whereas, Rabbit Hollow Nature Conservancy, Inc. has executed a Grant
Easement for Storm Sewer Utility through, under and across Part of Lot 2 of Rabbit Hollow
Place # 5, 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 Storm Sewer Utility through, under
and across Part of Lot 2 of Rabbit Hollow Place # 5, in the City of Dubuque, Iowa from
Rabbit Hollow Nature Conservancy, Inc., 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.
Passed, approved and adopted this 4th of March 2024.
Attest:
Adrienne N. Breitfelder, City Clerk
CERTIFICATE of the CITY CLERK
STATE OF IOWA
SS:
COUNTY OF DUBUQUE )
I, Adrienne N. Breitfelder, City Clerk, do hereby certify that I am the duly appointed,
qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such
City Clerk, I have in my possession or have access to the records of the proceedings of the
City Council. I do further state that the hereto attached Resolution No. 50-24 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 5th day of March 2024.
Adrienne N. Breitfelder, City Clerk
�AL
' p��:•j•�S r