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Accepting Grant of Permanent Embankment Easement across Rockdale Church Property off Old Mill Road in DubuqueCity of Dubuque City Council Meeting Consent Items # 017. Copyrighted July 1, 2024 ITEM TITLE: Accepting Grant of Permanent Embankment Easement across Rockdale Church Property off Old Mill Road in Dubuque as Part of Phase One of the Old Mill Road Lift Station Project SUMMARY: City Manager recommending City Council adopt a resolution accepting the Grant of Permanent Embankment Easement through, under and across Part of Lot 1 of the Subdivision of Mineral Lot 513, Lot 1 of Lot 1 of Mineral Lot 507, and "Grave Yard Lot", in the City of Dubuque, Iowa, as shown on Exhibit on the attached Grant of Easement. RESOLUTION Accepting a Grant of Permanent Embankment Easement through, under and across Part of Lot 1 of the Subdivision of Mineral Lot 513, Lot 1 of Lot 1 of Mineral Lot 507, and "Grave Yard Lot", in the City of Dubuque, Iowa SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: FIN aL[91:ILyil21zIII l+] Description Type MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions Grant of Easement Supporting Documentation Area Map Supporting Documentation THE CITY OF Dubuque DUB TEE1. All -America City Masterpiece on the Mississippi � pp zoo�•*o 13 zoi720zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Accepting Grant of Permanent Embankment Easement across Rockdale Church Property off Old Mill Road in Dubuque as Part of Phase One of the Old Mill Road Lift Station Project DATE: June 25, 2024 City Engineer Gus Psihoyos is recommending City Council adopt a resolution accepting the Grant of Permanent Embankment Easement through, under and across Part of Lot 1 of the Subdivision of Mineral Lot 513, Lot 1 of Lot 1 of Mineral Lot 507, and "Grave Yard Lot", in the City of Dubuque, Iowa, as shown on Exhibit A on the attached Grant of Easement. The easement is necessary for the construction of Phase One of the Old Mill Rd. Lift Station Project. The fill material placed in the embankment easement will support the proposed entrance driveway/roadway to the lift station building and to the adjoining private property to the north of the lift station site. The attached Grant of Permanent Embankment Easement shows the location of the permanent easement and temporary construction easement across the Rockdale Church property. The property owner has executed the grant of easement and the contract purchaser has consented to the grant as well. I concur with the recommendation and respectfully request Mayor and City Council approval. v Micliael C. Van Milligen MCVM:sv Attachment CC' Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Nate Kieffer, PE/PLS THE CITY OF Dubuque DUB E5«��� All-Amerin City Masterpiece on the Mississippi p pp zoo��*o 13 zo�720zoi9 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Acceptance of Grant Easement of Permanent Embankment Easement across Rockdale Church Property off Old Mill Road in Dubuque as Part of Phase One of the Old Mill Road Lift Station Project DATE: June 12, 2024 INTRODUCTION The purpose of this memorandum is to seek acceptance of a grant of permanent embankment easement from Rockdale Church across Part of Lot 1 of the Subdivision of Mineral Lot 513, Lot 1 of Lot 1 of Mineral Lot 507, and "Grave Yard Lot", in the City of Dubuque, Iowa, as part of the upcoming Phase One of the Old Mill Road Lift Station Project. BACKGROUND Phase One of the Old Mill Road Lift Station Project consists of the lift station, site improvements and gravity and force main sanitary sewer. Phase Two will consist of the installation of the remaining gravity and force main sanitary sewer, from the new lift station to WRRC, and is planned to be bid in late FY25 and as funding allows. This separation between phases will allow for a clear contractual responsibility between the two project phases. The new gravity sewers and force main piping will be placed within existing right of way and easements along with the proposed easements yet to be acquired. DISCUSSION The easement is necessary for the construction of Phase One of the Old Mill Rd. Lift Station Project. The fill material placed in the embankment easement will support the proposed entrance driveway/roadway to the lift station building and to the adjoining private property to the north of the lift station site. The attached Grant of Permanent Embankment Easement shows the location of the permanent easement and temporary construction easement across the Rockdale Church property. The property owner has executed the grant of easement and the contract purchaser has consented to the grant as well. RECOMMENDATION 1 I recommend accepting the Grant Easement of Permanent Embankment Easement through, under and across Part of Lot 1 of the Subdivision of Mineral Lot 513, Lot 1 of Lot 1 of Mineral Lot 507, and "Grave Yard Lot", 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 Easement of Permanent Embankment Easement from Rockdale Church through the adoption of the enclosed resolution. Prepared by Nate Kieffer, PE/PLS Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13"' Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer City of Dubuque, 50 W. 13`h Street Dubuque, IA 52001 563 589-427D RESOLUTION NO. 214-24 ACCEPTING A GRANT OF PERMANENT EMBANKMENT EASEMENT THROUGH, UNDER AND ACROSS PART OF LOT 1 OF THE SUBDIVISION OF MINERAL LOT 513, LOT 'I OF LOT 1 OF MINERAL LOT 507, AND "GRAVE YARD LOT", IN THE CITY OF DUBUQUE, IOWA Whereas, as property owner, Rockdale Church has executed a Grant Easement of Permanent Embankment Easement through, under and across Part of Lot 1 of the Subdivision of Mineral Lot 513, Lot 1 of Lot 1 of Mineral Lot 507, and "Grave Yard Lot", in the City of Dubuque, Iowa; and Whereas, as contract purchaser, Rockdale, LLC has consented to a Grant Easement of Permanent Embankment Easement through, under and across Part of Lot 1 of the Subdivision of Mineral Lot 513, Lot 1 of Lot 1 of Mineral Lot 507, and "Grave Yard Lot", 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 Easement of Permanent Embankment Easement through, under and across Part of Lot 1 of the Subdivision of Mineral Lot 513, Lot 1 of Lot 1 of Mineral Lot 507, and "Grave Yard Lot", in the City of Dubuque, Iowa from Rockdale Church, 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 1st of July, 2024. Attest: go � k J-,, �-, 4 Adrienne N. Breitfelder, City Clerk Prepared by: Nate Kieffer City of Dubuque 50 W. 131h Street Dubuque Iowa 52001 (563)5894270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13'h Street, Dubuque, Iowa 52001 (563)589-4270 GRANT OF PERMANENT EMBANKMENT EASEMENT For and in consideration of the sum of Ten and 00/100's Dollars ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, ROCKDALE CHURCH, ("Grantor"), of Dubuque County, State of Iowa, for itself, its successors and assigns, does hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, ("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, Iowa, to wit: Part of Lot 1 of the Subdivision of Mineral Lot 513, Lot 1 of Lot 1 of Mineral Lot 507, and "Grave Yard Lot", 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 Easement Exhibit A, for the purpose of constructing and maintaining an earthen embankment for lateral support of a roadway on the adjoining property as shown in the approved Improvements Plans on file with the City Engineer (the Improvements), along with the right, privilege and authority to survey, inspect, construct, reconstruct, alter, maintain, repair, replace, 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. Together with the right to occupy the Temporary Construction Easement area as shown on the attached Easement Exhibit A for the duration of the construction until the project is accepted by City Council. It is understood and agreed that the Grantee herein shall restore the disturbed area due to the construction of the Improvements, and maintenance or repair of the Improvements. . Grantor and its successors and assigns 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 the Improvements without obtaining the prior written consent of the City Engineer. Grantor agrees that any future improvements placed within said easement by Grantor, and its successors and assigns, excluding turf grass, may be removed and not replaced by the Grantee in the process of maintaining, repairing or reconstructing the Improvements. Grantee will not be responsible for the replacement, repair, or relocation of any future improvements, besides turf grass, that encroach in the proposed easement. To have and to hold unto the said City of Dubuque, Iowa, forever, and the undersigned do hereby expressly covenant that it is the owner in fee of said real estate and has 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 the Improvements thereon or therein. Said easement shall be binding on all subsequent property owners, its successors and assigns. Dated at Dubuque, Iowa this f✓, day of 2024. =4"M RBST RICO Number7aa' on xpi es STATE OF IOWA, COUNTY OF DUBUQUE, SS: ROCKDALE CHURCH (AS PROPERTY OWNER) By: yt P 61 Jefin P. Riedl, Trustee NOTARY PUBLIC On this /A day of°J if",, A.D., 2024 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared John P. Riedl 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 ex uted the same as their voluntary act and deed. / / r In and F6r Said State ROCKDALE, LLC (AS CONTRACT PURCHASER) By:� Stephen D. Conlon NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS On this day ofJu'lf e. , A.D., 2024 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Stephen D. Conlon to me known to be the identical person(s) named In and who executed the within and foregoing instrument, to which this is executed the same as their voluntary act and =HERBSTC P idi a Dubuque kgjftd All -America City I., 2007 CITY OF DUBUQUE ENGINEERING DEPARTMENT CITY HALL, 50 WEST 13th STREET DUBUQUE, IA 52001-4864 PHONE (563) 589-4270 FAX (563) 589-4205 Drawn By: RNK Approved By: RNK Date: 05-21-2024 PART OF LOT 1 OF THE SUBDIVISION OF MINERAL LOT 513, LOT 1 OF LOT 1 OF MINERAL LOT 507, AND `GRAVE YARD LOT", IN THE CITY OF DUBUQUE, IOWA C.LP.Number. 0 50, 100, 200' SCALE 1" = 100' FEET NOTES Sheet Number 1 of 1 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2. PROPRIETOR OF ABOVE DESCRIBED LOT, ROCKDALE CHURCH 3. SURVEY REQUESTED BY: CITY OF DUBUQUE, 50 W. 13TH ST, DUBUQUE, IOWA 4, THIS EASEMENT PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. LEGEND LOT 1 OF THE SUB, OF MIN. LOT 513, LOT 1 OF LOT 1 OF MIN. LOT 507, AND "GRAVE YARD LOT 2 OF THE LOT" SUB. OF MIN. LOT 513, LOT _ 1 OF LOT 1 FL)OF MIN. LOT s poi c ON 507, AND P-K NAIL ' po. 25'E ` ON CENTERLINE ' "GRAVE YARDN10�AT'' OF ORIGINAL p � OLD MILL RD. R.Q W. LOT" PER INST. NO. 9989-96 a �h PROPOSED \ TEMPORARY CONSTRUCTION 1 1 , i 1 1 O, m S17' 36' 30"E �10.57' PD. 1" DIA. PIPE $2o EASEMENT AREA ��A$ FD, ExIST. F6, 518" REBAR ON s9- 28,856 SQ. FT. CONCRETE ` NORTH R.O.W. LINE PER FENCE POST INST. NO. 2009-7682 BASES ALONG w LOT LINE ,p PROPOSED S 10' WIDE '90 , PERMANENT N42' 59' 50"W EMBANKMENT 0.06' EASEMENT S44' 49' 4v"E 1, 0, 2,426 SO. FT. ry. 14.45(14.45) \s J� \\ LOT 2-2-1 \ MIN. LOT. 507 ti°ry z PER PLAT BIC. 22 PG 45 p _ \ C0 \ e° LOT 1-1-2-1 \` �O /1 _ �2�c° MIN. LOT. 507 �! J PER PLAT HK. 22 PG 45 FOUND 518" REBAR OR AS NOTED SET 518" REBAR WITH YELLOW PLASTIC CAP # 18128 R.O.W. RIGHT OF WAY (1 00•00') 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 1 ^ 6e 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 Slate of Iowa. EEiy • '•••ram RUSSELL N. For the City of Dubuque a; KIEFFLR ; ° 18128 /OWA 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 CHORD S39' 44' 11'E 244,41" • L A (244.4V) \ 1 \\ ARC L-245, 12' (245.12') O�O \ %s ;y R=929.93'{929.93')�\ LOT A OLD S� s PROPOSED EASEMENT AREA - PART OF LOT 1 OF THE SUBDIVISION OF MINERAL LOT 513, LOT 1 OF LOT 1 OF MINERAL LOT 507, AND "GRAVE YARD LOT", IN THE CITY OF DUBUQUE, IOWA: PERMANENT EMBANKMENT EASEMENT = 2,426 SQ. FT. TEMPORARY CONSTRUCTION EASEMENT = 28,856 SQ. FT. �1 0.48' FROM LOT CORNER t ED. 1" DIA. PIPE PER PLAT a + BK_ 22 PG. 45 r Y CENTERLINE OF I.C.R.R. 1 TRACK 8 R,CA (100' WIDE) a PD. 518" RFBAR PER INST. NO. 7151-Ul a. LOT 2-1-2—' MIN. LOT. 50' \ PER PLAT )) I M LL SUB. NQ. 3 PER PD. 1" DIA. PIPE — INST. NO. PER PLAT 99 2001-13842 BK.22 PG. 45 LOT 1 528" 13' 11"E 59.60' OLD MILL SUB RESUB `11 LOT 2 ° MCNAMER ACRES #4 5T PER INST. NO. 2012-21141 NOTE: THIS SURVEY IS LOCATED IN THE NW1 /4 SECTION 1, T88N, R2E (TABLE MOUND TOWNSHIP) OF THE 5TH P.M. IN THE CITY OF DUBUQUE, DUBUQUE COUNTY IOWA �9`',�%y G926,y31 M a �656` 46' 20`W ED. 518" REBAR ON CENTERLINE OF ORIGINAL OLD MILL RD. R.O.W. PER INST. NO. 2009-7682 N2811559"W 65.53' (65.63') PD. 516" REBAR WI YELLOW CAP#4650 PER INST. NO, 7151-91 CITY OF DUBUQUE EXHIBIT A - EMBANKMENT EASEMENT COUNTY DUBUQUE PARCEL NO. JOB NO. PROJECT OLD MILL LIFT STATION SECTION 1 TWP 881� RANGE 2E ROW —FEE NIA EXIST. ROAD NA PERM. EASEM'T SEEABO4IE �+ + PART OF LOT 1 OF THE SUBDIVISION OF MINERAL LOT 513. LOT 1 OF LOT 1 OF MINERAL LOT 507. AND LEGAL DES`�+ 'RI PTION "GRAVE YARD LOT", IN THE CITY OF DUBUQUE, IOWA _ OWNER ROCKDALE CHURCH Doc ID: 011240360007 Type: GEN Kind: EASEMENT Recorded: 07/02/2024 at 12:07:39 PM Fee Amt: $37.00 Paqe 1 of 7 Dubuque County Iowa Karol Kennedy Recorder File2024_00006012 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 131" Street, Dubuque, Iowa 52001 (563)589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13"' Street, Dubuque, Iowa 52001 (563)589-4270 GRANT OF PERMANENT EMBANKMENT EASEMENT For and in consideration of the sum of Ten and 00/100's Dollars ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, ROCKDALE CHURCH, ("Grantor"), of Dubuque County, State of Iowa, for itself, its successors and assigns, does hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, ("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, Iowa, to wit: Part of Lot 1 of the Subdivision of Mineral Lot 513, Lot 1 of Lot 1 of Mineral Lot 507, and "Grave Yard Lot", 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 Easement Exhibit A, for the purpose of constructing and maintaining an earthen embankment for lateral support of a roadway on the adjoining property as shown in the approved Improvements Plans on file with the City Engineer (the Improvements), along with the right, privilege and authority to survey, inspect, construct, reconstruct, alter, maintain, repair, replace, 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. Together with the right to occupy the Temporary Construction Easement area as shown on the attached Easement Exhibit A for the duration of the construction until the project is accepted by City Council. It is understood and agreed that the Grantee herein shall restore the disturbed area due to the construction of the Improvements, and maintenance or repair of the Improvements. �,n eer 0 3-710 Grantor and its successors and assigns 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 the Improvements without obtaining the prior written consent of the City Engineer. Grantor agrees that any future improvements placed within said easement by Grantor, and its successors and assigns, excluding turf grass, may be removed and not replaced by the Grantee in the process of maintaining, repairing or reconstructing the Improvements. Grantee will not be responsible for the replacement, repair, or relocation of any future improvements, besides turf grass, that encroach in the proposed easement. To have and to hold unto the said City of Dubuque, Iowa, forever, and the undersigned do hereby expressly covenant that it is the owner in fee of said real estate and has 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 the Improvements thereon or therein. Said easement shall be binding on all subsequent property owners, its successors and assigns. Dated at Dubuque, Iowa this i day of , 2024. 10DI L. HERBST RIEDL Cortxrwssion Number 738n7 STATE OF IOWA, COUNTY OF DUBUQUE, SS: ROCKDALE CHURCH (AS PROPERTY OWNER) J496n P. Riedl, Trustee NOTARY PUBLIC On this (:��N day of A.D., 2024 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared John P. Riedl 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 exp uted 7 7 the same as their voluntary act and deed. j ry Public In and Fbr Said State ROCKDALE, LLC (AS CONTRACT PURCHASER) By: 4"'L Stephen D. Conlon NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this day of -- L lt- , A.D., 2024 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Stephen D. Conlon to me known to be the identical person(s) named in and who executed the within and foregoing instrument, to which this is executed the same as their voluntary act and 10DI L. HERBST RIEDL C��n Number 73=7 MyC4mmww Ex ,bw►. 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C& of Dubuque. 50 W. 1T1 Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO.214-24 ACCEPTING A GRANT OF PERMANENT EMBANKMENT EASEMENT THROUGH, UNDER AND ACROSS PART OF LOT 1 OF THE SUBDIVISION OF MINERAL LOT 513, LOT 1 OF LOT 1 OF MINERAL LOT 507, AND "GRAVE YARD LOT", IN THE CITY OF DUBUQUE, IOWA Whereas, as property owner, Rockdale Church has executed a Grant Easement of Permanent Embankment Easement through, under and across Part of Lot 1 of the Subdivision of Mineral Lot 513, Lot 1 of Lot 1 of Mineral Lot 507, and "Grave Yard Lot", in the City of Dubuque, Iowa; and Whereas, as contract purchaser, Rockdale, LLC has consented to a Grant Easement of Permanent Embankment Easement through, under and across Part of Lot 1 of the Subdivision of Mineral Lot 513, Lot 1 of Lot 1 of Mineral Lot 507, and "Grave Yard Lot", 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 Easement of Permanent Embankment Easement through, under and across Part of Lot 1 of the Subdivision of Mineral Lot 513, Lot 1 of Lot 1 of Mineral Lot 507, and "Grave Yard Lot", in the City of Dubuque, Iowa from Rockdale Church, 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 1st of July, 2024. A67ttesst: � 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. 214-24 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 2 day of July 2024. Adrienne N. Breitfelder, City Clerk Special Achievement in GIS 2018 Award Winner 1580 f b� w 1620 1F;sn Insert Title Insert Subtitle DISCLAIMER: This information was compiled using 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 most current and accurate information available, DAGIS and 1 inch 100 feet It's suppliers do not warrant the accuracy or currency of the — Information or data contained herein. The City and part:oipatmg agencies shall not be held liable for any direct, indirect, incidental, nseq_rbal,p_b'eo or special damages, whether foresee able or u,foreseeable, arismi t of the authorized or urauthorl.ed use of 100 50 0 100 Feet this data or the inability to use this data or out of any breach of warranty whatso-er. N W E S THE cITY OF DUB E Masterpiece on the Mississippi 1493 it i City of DuLque Map Prepared by: City of Dubuque Engineering Division 50 West 13th Street Dubuque, Iowa 52001 Phone: (563) 589-4270 Fax: (563) 589-4205