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Accepting the Grant of Easements from Rabbit Hollow Nature Conservancy, Inc.City of Dubuque City Council Meeting Consent Items # 018. Copyrighted July 1, 2024 ITEM TITLE: Accepting the Grant of Easements from Rabbit Hollow Nature Conservancy, I nc. SUMMARY: City Manager recommending to adopt the resolution accepting the Grant of Easements from Rabbit Hollow Nature Conservancy, Inc. for the Sanitary Sewer Utility and Sanitary SewerAccess for Phase One Old Mill Rd. Lift Station. RESOLUTION Accepting the Grant of Easements from Rabbit Hollow Nature Conservancy, Inc. SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type MVM Memo City Manager Memo Memo Staff Memo Resolution Resolutions Grants of Easements Supporting Documentation THE C DUjIBQTE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Accepting the Grant of Easements from Rabbit Hollow Nature Conservancy, Inc. DATE: June 26, 2024 Dubuque WAWca 914 ii 2007-2012.2013 2017*2019 Senior Counsel Barry Lindahl is recommending City Council adopt the resolution accepting the Grant of Easements from Rabbit Hollow Nature Conservancy, Inc. for the Sanitary Sewer Utility and Sanitary Sewer Access for Phase One Old Mill Rd. Lift Station. 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 Barry Lindahl, Senior Counsel Dubuque THE CF DUUB-$6kFE All•Ameriea Clly .. II Masterpiece on the Mississippi 2007-2012.2013 2017*2019 BARRY A. LINDAHL, �,S SENIOR COUNSEL ` MEMO To: Michael Van Milligen City Manager DATE: July 1, 2024 RE: Accepting the Grants of Easements from Rabbit Hollow Nature Conservancy, Inc. On June 17, 2024, the City Council approved the Agreement by and between the City of Dubuque and Rabbit Hollow Nature Conservancy, Inc. for the Grant of Easements for Sanitary Sewer Utility and Sanitary Sewer Access for the Phase One Old Mill Rd. Lift Station. The terms of the Agreement have now been met. I recommend that the attached Resolution Accepting the Grants of Easements be submitted to the City Council for consideration and approval. :y_101111111TAI CC'. Crenna Brumwell, City Attorney OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PEACE, 300 MAIN STREET DUBUQUE, 1A 52001-6944 TELEPHONE (563) 583-41131 FAx (563) 583-1040 I EMAIL balesq@cityofdubuque.org Prepared by: Barry A. Lindahl, Esq., 300 Main Street Suite 330 Dubuque lA 52001 (563) 589-4113 Return to: Barry A. Lindahl, Esq., 300 Main Street Suite 330 Dubuque 1A 52001 (563) 589-4113 RESOLUTION NO. 215 - 24 ACCEPTING THE GRANTS OF EASEMENTS FROM RABBIT HOLLOW NATURE CONSERVANCY, INC. WHEREAS, the City of Dubuque, Iowa and Rabbit Hollow Nature Conservancy, Inc. entered into an Agreement for GRANT OF EASEMENT FOR SANITARY SEWER UTILITY AND SANITARY SEWER ACCESS dated the 17th day of June, 2024 for the following described real property: ; and Parts of Lot A of Old Mill Subdivision No. 3 and Lot 2 of McNamer Acres #4, in the City of Dubuque, Iowa, as shown on Exhibit A attached hereto and by reference made a part hereof; Parts of Lot 2 of Rabbit Hallow Place and Lot 1 of Rabbit Hollow Place # 2, in the City of Dubuque, Iowa, as shown on Exhibit B attached hereto and by reference made a part hereof; Parts of Lot 2 of Rabbit Hollow Place # 2, in the City of Dubuque, Iowa, as shown on Exhibit C attached hereto and by reference made a part hereof; Parts of Lot 2 of Rabbit Hollow Place and Lot 1 of Rabbit Hollow Place # 2 and Lot 1 of Rabbit Hollow Place # 7, in the City of Dubuque, Iowa, as shown on Exhibit D attached hereto and by reference made a part hereof; Parts of Lots 1, 2, 3, and 4 of Faldorf-Dockal Woodland Preserve, in the City of Dubuque, Iowa, as shown on Exhibit E attached hereto and by reference made a part hereof; WHEREAS, the terms of the Agreement have been fulfilled. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The Grants of Easements attached hereto are hereby accepted. Section 2. The City Clerk is hereby authorized and authorized and directed to record the Grants of Easements with the Dubuque County Recorder. Passed, approved and adopted this 1st day of July, 2024. Attest: Adrienne N. Breitfelder, City Clerk Doc ID: 011241760007 Type: GEN Kind: EASEMENT Recorded: 07/08/2024 at 10:42:37 AM Fee Amt: $37.00 Paqe 1 of 7 Dubuque County Iowa Karol Kennedy Recorder File2024-00006151 Prepared by: Nate Kieffer. City of Dubuque. 50 W. 120L Street, Dubuque, Iowa 52001 (563)589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13w Street, Dubuque, Iowa 52001 (563)5894270 GRANT OF EASEMENT FOR SANITARY SEWER UTILITY For and in consideration of the sum of One Thousand Nine Hundred Twenty Seven and 08/100's Dollars ($1,927.08) 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 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, rights of ways and easements through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Parts of Lot A of Old Mill Subdivision #4, in the City of Dubuque, Iowa, as and by reference made a part hereof. No. 3 and Lot 2 of McNamer Acres shown on Exhibit A attached hereto Sanitary sewer utility easements shall be as shown on the attached Exhibit A for the purpose of constructing and maintaining a sanitary 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. Together with the right to enter upon said property and occupy the temporary easement area as shown on the attached Exhibit A during the period of construction until the project is accepted by the City Council. It is understood and agreed that the Grantee herein shall restore the disturbed area due to the construction, maintenance or repair of said sanitary sewer and appurtenances. 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 said 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 City of Dubuque in the process of maintaining, repairing or reconstructing the sanitary sewer main utility. City of Dubuque 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 said sanitary sewer utility thereon or therein. Said easement shall be binding on all subsequent property owners, its successors and assigns. Dated at Dubuque, Iowa this l 2 t::s` day of , 2024. RABBIT HOLLOW NATURE CONSERVANCY, INC. AD NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: rew J. B)dtler, President On this _ day of 3jht 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. Traci A Kelly Notary Public In and r Said State Iowa Notarial .Seal Commission # 165 1I1aC� My Ccmmission Ex;:ires:�� Dubuque CITY OF DUBUQUF EN cGINEERING DEPARTMENT , I1IADEPARTMENTrY DQ A Ox. LOT A OLO MILL SUBD SION NO. ]� /� O9 AND LOT 2 MCNAMER ACRES 200i CRY OF DUBUQUE. IOWA V L ® 9 NORTH'° SCALE I' IW FEET �• t,01 n "Lf) xILL $ C. \ 'Sy 111, x0, \ `\ E � N xoru. 4 ASV�K1Exra Mf �µNIR1E KND`h xESCMIFD NxF[T+xDMCW1aTKKW, IOI:MBY�WLTMpvxaNK COxKAvu.'Cr � i !,°e`4r Ee�xar"�'R'DruTeausrEcr Kmw. ro.ia ei�ertaaaecam No x°�ora z a QI o LEGEND G 0 FOUND 918' REBAR O SET SIB' REBAR WITH YELLOW PLASTIC CAP If 18128 R.O.W. RIGHT OF WAY (100.00') RECORD DIMENSION N L LINE BREW( ADJACENT PROPERTY LINE m ------- RIGHT OF WAY LINE PROPOSEDEASEMENT LINE w.a+✓n:,,erwlanTNq aaimwnw PFwl+rc Y �M+ m ui�wwes $ nrx;,N I+ IN tU'221 +t jp •n. W r ow.x- NOM.. z T -1•IS SURVEY IS LOCATCO IN TI I. OJ NWI%a SECTION I, TSe N, FQ: m (TAIJI.I. MOUNO TOWNSHIP) 6 ox OF 'IHf. 'ill P.M :N 1'HE CI'fv OF DUDUOLIE, DUBIIOLI. (:UUNIY NWA Lo IN i wNuvaiTMM Y / / x l V0, ':UI^.2t lat CITY OF DUBUQUE EXHIBIT A - SANITARY SEWER UTILITY EASEMENT COUNTY DUBUQUE PARCEL NO. JOB NO. PROJECT OLD MILL LIFT STATION SECTION I TWP_ BBB d _RANGE 2E ROW —FEE WA E%IST. ROAD NIA PERM. EASEM'T SEE ABOVE LEGAL DESCRIPTION LOT A OLD MILL SUB. NO. 3 A LOT Y MCNAMER ACRES *4 OWNER RABBIT HOLLOW NATURE CONSERVANCYINC. ACCEPTANCE AND CONSENT TO GRANT OF EASEMENT Iowa Natural Heritage Foundation, hereby acknowledges receipt of the foregoing Grant of Easement and consents thereto. Dated: June 3, 2024. IOWA NATURAL HERITAGE FOUNDATION By: J sep A. McGovern, Pre 'dent of Iowa atural Heritage Foundation STATE OF IOWA, COUNTY OF POLK ) ss On June 3, 2024, before me, the undersigned, a notary public in and for said County, in said State, personally appeared Joseph A. McGovern, President of Iowa Natural Heritage Foundation, 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. Ej,"-, �� J)0� Signature of Notary Public a% Commissim Number 766123 My Commission Expires February 8, 2026 Exhibit B - Tenant Consent to Assignment of Lease Prepared by: Barry A. Lindahl, Esq., 300 Main Street Suite 330 Dubuque IA 52001 (563) 589-4113 Return to: Barry A. Lindahl, Esq., 300 Main Street Suite 330 Dubuque IA 52001 (563) 589-4113 RESOLUTION NO. 215 - 24 ACCEPTING THE GRANTS OF EASEMENTS FROM RABBIT HOLLOW NATURE CONSERVANCY, INC. WHEREAS, the City of Dubuque, Iowa and Rabbit Hollow Nature Conservancy, Inc. entered into an Agreement for GRANT OF EASEMENT FOR SANITARY SEWER UTILITY AND SANITARY SEWER ACCESS dated the 17th day of June, 2024 for the following described real property: and Parts of Lot A of Old Mill Subdivision No. 3 and Lot 2 of McNamer Acres #4, in the City of Dubuque, Iowa, as shown on Exhibit A attached hereto and by reference made a part hereof; Parts of Lot 2 of Rabbit Hollow Place and Lot 1 of Rabbit Hollow Place # 2, in the City of Dubuque, Iowa, as shown on Exhibit B attached hereto and by reference made a part hereof; Parts of Lot 2 of Rabbit Hollow Place # 2, in the City of Dubuque, Iowa, as shown on Exhibit C attached hereto and by reference made a part hereof; Parts of Lot 2 of Rabbit Hollow Place and Lot 1 of Rabbit Hollow Place # 2 and Lot 1 of Rabbit Hollow Place # 7, in the City of Dubuque, Iowa, as shown on Exhibit D attached hereto and by reference made a part hereof; Parts of Lots 1, 2, 3, and 4 of Faldorf-Dockal Woodland Preserve, in the City of Dubuque, Iowa, as shown on Exhibit E attached hereto and by reference made a part hereof; WHEREAS, the terms of the Agreement have been fulfilled. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The Grants of Easements attached hereto are hereby accepted. Section 2. The City Clerk is hereby authorized and authorized and directed to record the Grants of Easements with the Dubuque County Recorder. Passed, approved and adopted this 1 st day of July, 2024. Attest: Adrienne N. Breitfel er, 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. 215-24 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 8 day of July 2024. 696" Aawl- �/J4 Adrienne N. Breitfelder, City Clerk dSr'EA Doc ID: 011241770004 Type: GEN Kind: EASEMENT Recorded: 07/08/2024 at 10:43:26 AM Fee Amt: $22.00 Paqe i of 4 Dubuque County Iowa Karol Kennedy Recorder File2024-00006152 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13w Street, Dubuque, Iowa 52001 (563)589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 1301 Street, Dubuque, Iowa 52001 (563)589-4270 GRANT OF EASEMENT FOR SANITARY SEWER UTILITY For and in consideration of the sum of Two Thousand Five Hundred Thirty Seven and 51/100's Dollars ($2,537.51) 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 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, rights of ways and easements through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Parts of Lot 2 of Rabbit Hollow Place and Lot 1 of Rabbit Hollow Place # 2, in the City of Dubuque, Iowa, as shown on Exhibit B attached hereto and by reference made a part hereof. Sanitary sewer utility easements shall be as shown on the attached Exhibit B for the purpose of constructing and maintaining a sanitary 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. Together with the right to enter upon said property and occupy the temporary easement area as shown on the attached Exhibit B during the period of construction until the project is accepted by the City Council. It is understood and agreed that the Grantee herein shall restore the disturbed area due to the construction, maintenance or repair of said sanitary sewer and appurtenances. 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 11-�ve Ct� GIrrK 0 22 C1u 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. 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 City of Dubuque in the process of maintaining, repairing or reconstructing the sanitary sewer main utility. City of Dubuque 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 said sanitary sewer utility thereon or therein. Said easement shall be binding on all subsequent property owners, its successors and assigns. Dated at Dubuque, Iowa this 2 day of �) ,�.�.,( , 2024. RABBIT HOLLOW NATURE CONSERVANCY, INC. By: 1,4JV-) (��l fi(ndrew J. B er, President NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this _�� day of3 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. Traci A. Kell N14r, c� ka Iowa Notarial seal Notary Public In and r Said State Commission # 165316 My Commission Expires: 65� CITY OF DUBUQUE EXHIBIT B - SANITARY SEWER UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT COUNTY DUBUOUE PARCEL NO. JOB NO. PROJECT OLD MILL LIFT STATION SECTION? TWP-$RANGE 2E ROW —FEE N/A EXIST. ROAD N/A PERM. EASEM'T SEEBELOw LEGAL DESCRIPTION PART OF LOT 2 OF RABBIT HOLLOW PLACE AND LOT 1 OF RABBIT HOLLOW PLACE N2 OWNER RABBIT HOLLOW NATURE CONSERVANCY, INC. PROPOSED PROPOSED 15' WIDE PERMANENT S83° TEMPORARY SANITARY SEWER r Z9'38° CONSTRUCTION df UTILITY EASEMENT 31.BT 1p809 \ �5 EASEMENTS OFFSET \ FROM AND PARALLEL dl FI TO THE PERMANENT SANITARY SEWER UTILITY EASEMENT WEST LINE \ 8 \ NORTH OF LOT 2 � \ d � \ EXISTING PUBLIC UTILITY AND RABBIT HOLLOW m \ ! '� \ PRIVATE ACCESS PLACE N \ v EASEMENTS PER 0 50' 100' 200' \ DOC# 2015.14850 N SCALE 1' = 100' FEET a \ �S ' CE g N APPROXIMATE �tM•�" ,0 d�z fp STREAM y Q �yof o g'_ / e / ' OBsLOe���Fi�/ 36995 3g3 PROPOSED EASEMENT AREAS: SANITARY SEWER UTILITY EASEMENT 60,545 SQ. FT. se 03.20'02°E rRiEOB i 196A6 ,06y9 31.84' EXISTING 60' WIDE TEMPORARY CONSTRUCTION EASEMENT _ N 3. i (DIMENSION LINE) UTILITY ,,1�' EASEMENT PER 34,336 SQ. FT. t p / j BOOK 65 PAGE 109.110 I m � df m � N , I W I I N •' N) ly i N � n � LEGEND 01 15 co FOUND 5/8" REBAR WITH ORANGE 5 `�.�, �'1• CAP #15487 UNLESS NOTED p'✓' R°O,W, RIGHT OF WAY \ \ (100.00') RECORD DIMENSION �y d� fPN \ \ \ \\ ADJACENT PROPERTY LINE p \ • RAILROAD RIGHT-OF-WAY LINE APPROXIMATE \ PROPOSED STREAM\� \ PERMANENT - - - EXISTING EASEMENT EXISTING RIGHT OF WAY \ p SANITARY SEWER UTILITY EASEMENT \ \ \ PROPOSED SANITARY SEWER UTILITY EASEMENT \ \ \\ - - - - - - PROPOSED TEMPORARY CONSTRUCTION EASEMENT \ \ - - - - APPROXIMATE CENTERLINE STREAM \ m,' - - - - - - - - DIMENSION LINE ONLY A i PROPOSED IF WIDE \ \ ,! I TEMPORARY CONSTRUCTION mm PROPOSED SANITARY SEWER UTILITY EASEMENT PER THIS DOCUMENT N EASEMENTS OFFSET FROM AND PARAL E EXISTING 20' WIDE SANITARY SEWER L L b I. TO THE PERMANENT "o'� f SANITARY SEWER UTILITY EASEMENT EASEMENT PER BOOK 48 PAGE 209, N51°41'34'W ti \ BOOK 48 PAGE 195, 2 52' BOOK 48 PAGE 189 1 a QUE 'NT A�C&O �0. o\ , OG�6 O O PART OF �O O 1 d 1 ACCEPTANCE AND CONSENT TO GRANT OF EASEMENT Iowa Natural Heritage Foundation, hereby acknowledges receipt of the foregoing Grant of Easement and consents thereto. Dated: June 3, 2024. IOWA NATURAL HERITAGE FOUNDATION J eph . McGovern, Presid nt of Iowa atural Heritage Foundation STATE OF IOWA, COUNTY OF POLK ) ss On June 3, 2024, before me, the undersigned, a notary public in and for said County, in said State, personally appeared Joseph A. McGovern, President of Iowa Natural Heritage Foundation, 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. 6�� ula�y u4tt'o ERIN VAN WADS Signature of Notary Public 0 ,t commission Number 766123 My Commission Expires February 8, 2026 Exhibit B - Tenant Consent to Assignment of Lease Doc ID: 011241780004 Type: GEN Kind: EASEMENT Recorded: 07/08/2024 at 10:43:57 AM Fee Amt: $22.00 Paqe i of 4 Dubuque County Iowa Karol Kennedy Recorder File2024-00006153 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13"—'_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 EASEMENT FOR SANITARY SEWER UTILITY For and in consideration of the sum of One Thousand Three Hundred Sixty Seven and 28/100's Dollars ($1,367.28) 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 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, rights of ways and easements through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Parts of Lot 2 of Rabbit Hollow Place # 2, in the City of Dubuque, Iowa, as shown on Exhibit C attached hereto and by reference made a part hereof. Sanitary sewer utility easements shall be as shown on the attached Exhibit C for the purpose of constructing and maintaining a sanitary sewer utility and other appurtenances, including a sanitary sewer air release structure, drain/vent piping, and associated access road, 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. Together with the right to enter upon said property and occupy the temporary easement area as shown on the attached Exhibit C during the period of construction until the project is accepted by the City Council. It is understood and agreed that the Grantee herein shall restore the disturbed area due to the construction, maintenance or repair of said sanitary sewer and appurtenances. 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 fl ,kw G,� Acrk I) 2,t, 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. 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 City of Dubuque in the process of maintaining, repairing or reconstructing the sanitary sewer main utility. City of Dubuque 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 said sanitary sewer utility thereon or therein. Said easement shall be binding on all subsequent property owners, its successors and assigns. Dated at Dubuque, Iowa this � day of J.A�A , 2024. RABBIT HOLLOW NATURE CONSERVANCY, INC. By: &L q��k drew J. Bu e , President NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this day of &4 , 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. Traei A. Kelly Iowa Notarial Seal Commission # 1653115 My Commission Expires: Mt)^- ni/i /)P" Notary Public In an or Said State CITY OF DUBUQUE EXHIBIT C - SANITARY SEWER UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT NORTH COUNTY DUBUQU— PARCEL NO. JOB NO. PROJECT OLD MILL LIFT STATION SECTION__L_TWP__UN —RANGE 2E W G1 ROW —FEE WA EXIST. ROAD N/A PERM. EASEM'T SEE BELOL=1e 19 0 1.10D 20O LEGAL DESCRIPTION PART OF LOT 2 OF RABBR HOLLOW PLACE #2 R-313.W SCALE 1• =100' FEET A=Y18'50' OWNER RABBIT MOILOW NATURE CONSERVANCY, INC. CHORD=S57.5Y1rE 18.10 G2 R=313.00 CHORD--D=S 1-2r0'SYE 26.w 0* �s \ LOT iI ONS RFSUB / / G3 PROPOSED N69°36'19'E OF SH1— ONS L=168.W EXISTING 20' WIDE 514.35'02'E PERMANENT 68.3T - / R=313.00 513'OS'02'E 63.85, SANITARY SEWER A=34°42'59' SANITARY SEWER G1 102.81 3 UTILITY CHORD=N79°35'23'E EASEMENT PER 559'35'02'E EASEMENT N20'23'15.W BOOK 48 PAGE 212 47.16, 15.00 C� 186.78' - _— S) ey77 � I N20.23'4M / APPROXILUAM /3. �((( g 15.00' CJ EL STREAM \ N?9.^ - PROPOSED IF WIDE TEMPORARY � � L-M5.64' \ LEGEND COHEIRVCTION EASEMENTS R-313.00 ) PROPOSED TEMPORARY J OFFSET FROM SD PARALLEL TO A•61.26'21' CONSTRUCTION �_ THE PERMANENT SANRARY CHORD-S8l•02'S6°E FOUND W RESAR WITH ORANGE EASEMENT ADJACSMT TO CENTRAL, RMSEWER VTILY EASEMENT 319.7W PERMANENT EASEMENT, CAP#15487 UNLESS NOTED EXTENDING TO RAILROAD AND PACIFIC RAILROAD R.O.W. RIGHT OF WAY R.O.W. (100'R.O.W.) / (100.00') RECORD DIMENSION ADJACENT PROPERTY LINE RAILROAD RIGHT-OF-WAY LINE EXISTING EASEMENT EXISTING RIGHT OF WAY PROPOSED EASEMENT AREAS: PROPOSED SANITARY SEWER UTILITY EASEMENT SANITARY SEWER UTILITY EASEMENT Dubuque CITY OF DUBUI PROPOSED TEMPORARY CONSTRUCTION EASEMENT 34,117 SO. FT. ENGINEERIN G DEPARTME — - - — APPROXIMATE CENTERLINE STREAM Cl�ouau0ue uE Too lee�a=FF -------- DIMENSION LINE ONLY TEMPORARY CONSTRUCTION EASEMENT 11111 14,020 SQ. FT. PROPOSED SANITARY SEWER UTILITY EASEMENT PER THIS DOCUMENT 2007 111'2J PART OF LOT 2 OF RABBIT HOLLOW PLAC ACCEPTANCE AND CONSENT TO GRANT OF EASEMENT Iowa Natural Heritage Foundation, hereby acknowledges receipt of the foregoing Grant of Easement and consents thereto. Dated: June 3, 2024. IOWA NATURAL HERITAGE FOUNDATION By: , sep A. McGovern, President of Iowa atural Heritage Foundation STATE OF IOWA, COUNTY OF POLK ) ss On June 3, 2024, before me, the undersigned, a notary public in and for said County, in said State, personally appeared Joseph A. McGovern, President of Iowa Natural Heritage Foundation, 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. F" 0"- lb" Signature of Notary Public . %, ERIN VAN WAUS Commission Number 766123 WMy Commission Expires February 8, 2026 Exhibit B - Tenant Consent to Assignment of Lease Doc ID: 011241790007 Type: GEN Kind: EASEMENT Recorded: 07/08/2024 at 10:44:30 AM Fee Amt: $37.00 Page 1 of 7 Dubuque Countv Iowa Karol Kennedy Recorder File2024-00006154 Prepared by: Nate Kieffer. City of Dubuque. 50 W. 13<" Street, Dubuque, Iowa 52001 (563)589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13t' Street, Dubuque, Iowa 52001 (563)589-4270 GRANT OF EASEMENT FOR PUBLIC UTILITIES AND SANITARY SEWER ACCESS For and in consideration of the sum of Five Thousand Two Hundred Thirty One and 62/100's Dollars ($5,231.62) 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 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, rights of ways and easements through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Parts of Lot 2 of Rabbit Hollow Place and Lot 1 of Rabbit Hollow Place # 2 and Lot 1 of Rabbit Hollow Place # 7, in the City of Dubuque, Iowa, as shown on Exhibit D attached hereto and by reference made a part hereof. Public Utility Easement shall be as shown on the attached Exhibit D for the purpose of constructing and maintaining public utilities 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. Sanitary sewer access easements shall be as shown on the attached Exhibit D for the purposes of accessing the existing and future sanitary sewer utilities located on Lot 2 of Rabbit Hollow Place and Lot 1 of Rabbit Hollow Place # 2 and Lot 1 of Rabbit Hollow Place # 7 and Lots 1, 2, 3, and 4 of Faldorf-Dockal Woodland Preserve, in the City of Dubuque, Iowa. It is understood and agreed that the Grantee herein shall restore the disturbed area due to the construction, maintenance or repair of said public utilities and appurtenances. 06,�, Cl� C(,,,-K & 3rll 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 said 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 City of Dubuque in the process of maintaining, repairing or reconstructing the public utilities. City of Dubuque 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 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 said public utilities thereon or therein. Said easement shall be binding on all subsequent property owners, its successors and assigns. Dated at Dubuque, Iowa this 11 57:�2- day of J.A-.A , 2024. RABBIT HOLLOW NATURE CONSERVANCY, INC. / L' ) (1,4� By: AUcTrew J. B ler, President NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this 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. Tnei A. Kell Iowa Notarial Seal Notary Public In a& For Said State Commission # 16531a MY Commission Expires: t,Z',K! CITY OF DUBUQUE EXHIBIT D - PUBLIC UTILITY EASEMENT AND SANITARY SEWER ACCESS EASEMENT COUNTY DUBUQUE PARCEL N0. JOB NO. PROJECT OLD MILL LIFT STATION SECTION 3LTWP M RANGE 2E ROW —FEE N/A EXIST. ROAD N/A PERM. EASEM'T SEE BELOW LEGAL DESCRIPTION PART i OF LOT 2 OF RABDBIPTAHOLOLOW PF LOTLACOE� PARTOFLOT 1 OF RABBI OWNER RABBIT HOLLOW NATURE CONSERVANCY, INC. '. WEST LINE OF LOT 1 RABBIT HOLLOW / PLACE #7 (� ko EXISTING TRAIL PROPOSED 20' WIDE SANITARY SEWER ACCESS yp � EASEMENT N8 OT25'E 210 53' e - / TO gT 1'IL 179+I p IRON PIPE FOUND PROPOSED EASEMENT AREAS (TOTAL FOR 3 SHEETS): // / PUBLIC UTILITY EASEMENT-- 14,245 SQ. FT. NOROFTH SANITARY SEWER ACCESS EASEMENT= 80,507 SQ. FT. LINE LOT 2 APPROXIMATE RABBIT (iSTREAM HOLLOW PLACE ry0 40 M / try FOUND 518' / REBAR W/ RED 12631 CAP sl �ml. q EXISTING TRAIL PROPOSED 20' WIDE SANITARY SEWER ACCESS EASEMENT APPROXIMATE 2 \ (jSTREAM:7 \ LEGEND \ ol�, FOUND 5/8' REBAR WITH ORANGE CAP #15487 UNLESS NOTED R.O.W. RIGHT OF WAY (100.00') RECORD DIMENSION ADJACENT PROPERTY LINE — RAILROAD RIGHT-OF-WAY LINE — — — EXISTING EASEMENT — — — EXISTING RIGHT OF WAY Dubuque PROPOSED SANITARY FORCEMAIN EASEMENT — — — — APPROXIMATE CENTERLINE STREAM PROPOSED PUBLIC UTILITY EASEMENT PER THIS DOCUMENT PROPOSED IDE SANITARY SEWER SRAIL ACCESS EASEMENT ON EXISTING E E 2013 201 2019 0 59 100' 200' SCALE 1' = 100' FEET CITY OF DUBUQUE EXHIBIT D - PUBLIC UTILITY EASEMENT AND SANITARY SEWER ACCESS EASEMENT COUNTY DUBUOUE PARCEL NO. JOB NO. PROJECT OLD MILL LIFT STATION SECTION-31- TWP Aga RANGE 2E ROW -FEE N/A EXIST- ROAD N/A PERM. EASEM'T SEE BELOW PART OF LOT 2 OF RABBIT HOLLOW PLACE PART OF LOT 1 OF RABBIT LEGAL DESCRIPTION HOLLOW PLAGF #2 AND PART OF LOT i O� RARRIT HOLLOW PLACE U7 OWNER RABBIT HOLLOW NATURE CONSERVANCY, INC. PROPOSED 20' WIDE SANITARY SEWER ACCE9 EASEMENT EXISTING TRAIL di 1 I Iw z� PROPOSED EASEMENT AREAS (TOTAL FOR 3 SHEETS): I W W PUBLIC UTILITY EASEMENT= 14,245 SQ. FT. SANITARY SEWER ACCESS EASEMENT= 80,507 SQ. FT. Z > =O ROXIMATE FT 2-1 OF v I (jSTREAM ERAL LOT 608ERAL LOT �g op�v� 6,1 �pN dE TRAIL e �dF �P►n" e � A� 1 s *ernco ^ � I PROPOSED 20' WIDE e �� O� SANITARY SEWER ACCESS ' e' Q O EXISTING TRAIL EASEMENT _ 0 e/h ccd I MATCH LINE - SEE SHEET 3 FOUND 5/8- REBAR WITH ORANGE CAP #15487 UNLESS NOTED R.O.W. RIGHT OF WAY (100.00') RECORD DIMENSION ADJACENT PROPERTY LINE — RAILROAD RIGHT-OF-WAY LINE — EXISTING EASEMENT — - — EXISTING RIGHT OF WAY PROPOSED SANITARY FORCEMAIN EASEMENT — - - — APPROXIMATE CENTERLINE STREAM PROPOSED PUBLIC UTILITY EASEMENT PER THIS DOCUMENT PROPOSED 20. WIDE EXISTINGSANITARY ACCESS EASEMENT ON TRAIL NORTH 0 50' 100, 200' SCALE 1' = 100' FEET CITY OF DUBUQUE EXHIBIT D - PUBLIC UTILITY EASEMENT AND SANITARY SEWER ACCESS EASEMENT COUNTY DUBUOUE PARCEL NO. JOB NO PROJECT OLD MILL LIFT STATION SECTION 38 TWP jM RANGE 2E ROW -FEE N/A EXIST. ROAD N/A PERM. EASEM'T SEE BELOW LEGAL DESCRIPTION HORTowy�ecE ea OIpART F LOT II OF, PART OF LOT I PI eCBA— SIT OWNER RABBIT HOLLOW NATURE CONSERVANCY, INC. MATCH LINE - SEE SHEET 2 ul Z W PROPOSED 20' WIDE ° e SANITARY SEWER ACCESS ' EASEMENT °ee OFRLOT 2 TH NE ° (u� / RABBIT °° ul II Q Q \ HOLLOW s 101 1 (F �" EXISTING TRAIL PLACE / CQ o e ^� A 1/ / 0 W I =' 0.� o°I oeoo oe° OV � N 'h EXISTING PUBLIC UTILITY AND PRIVATE ACCESS QO y�Z / / Q I0 N EASEMENTS PER S21.29.57*W \ t� DOC# 2015-14850 49.97' 7NNAL IN / APPROXIMATE \ 'a�9 CBSTREAM ASPHALT/ 'e'• SSS7 � g5 0J F/6, 'O6'W y `\l I .99 .99 ,�E� ,5«117 S33'48'06'W 1 .69' 3 OSO a O SOUTH LINE OF LOT 1-2-2 NA MINERAL LOT 506 PROPOSED PUBLIC UTILITY EASEMENT 24.55' RESAR _ NO CAP / N37°28'11'W 30.15' 25.00, S52°08'20"W 20.82' M w Z99 q3 'fit � �N►y- / EXISTING 60' WIDE Pam' UTILITY EASEMENTPER BOOK 65 PAGE NORTH LINE OF 109.110 LOT 1 RABBIT HOLLOW PLACE #2 DIMENSION LINE EXISTING TRAIL V5 on O, m�l \ \ c Nlp. \ 'm 0 APPROXIMATE a� (i STREAM ( 1 W N'- o LEGEND %dF FOUND 5/8' REBAR WITH ORANGE CAP #15487 UNLESS NOTED R.O.W. RIGHT OF WAY (100.00') RECORD DIMENSION ADJACENT PROPERTY LINE • RAILROAD RIGHT-OF-WAY LINE — EXISTING EASEMENT — — — EXISTING RIGHT OF WAY PROPOSED SANITARY FORCEMAIN EASEMENT — — — — APPROXIMATE CENTERLINE STREAM — — — — — — — — DIMENSION LINE ONLY PROPOSED PUBLIC UTILITY EASEMENT Rmsa PER THIS DOCUMENT °eo°eg°eg°e$°eg°e"°e"°e PROPOSED 20' WIDE SANITARY SEWER ACCESS EASEMENT ON EXISTING TRAIL Adf loo 4� OF A(r9 1O PROPOSED 20' WIDE SANITARY SEWER ACCESS EASEMENT PROPOSED EASEMENT AREAS (TOTAL FOR 3 SHEETS): PUBLIC UTILITY EASEMENT= 14,245 SO. FT. SANITARY SEWER ACCESS EASEMENT- 80,507 SQ. FT. NORTH 0 W. 100, 209 SCALE 1' = 100' FEET ACCEPTANCE AND CONSENT TO GRANT OF EASEMENT Iowa Natural Heritage Foundation, hereby acknowledges receipt of the foregoing Grant of Easement and consents thereto. Dated: June 3, 2024. IOWA NATURAL HERITAGE FOUNDATION By: 40sepA A. McGovern, President of Iowa Natural Heritage Foundation STATE OF IOWA, COUNTY OF POLK ) ss On June 3, 2024, before me, the undersigned, a notary public in and for said County, in said State, personally appeared Joseph A. McGovern, President of Iowa Natural Heritage Foundation, 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. CA;'-�Cu ERIN VAN WADS Signature of Notary Public Coffv*sion Number 766123 My commission Egres February 8, 2026 Exhibit B - Tenant Consent to Assignment of Lease Doc ID: 011241800004 Type: GEN Kind: EASEMENT Recorded: 07/08/2024 at 10:44:55 AM Fee Amt: $22.00 Paqe i of 4 Dubuque County Iowa Karol Kennedy Recorder File2024-00006155 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13M Street, Dubuque, Iowa 52001 (563)589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13"' Street, Dubuque, Iowa 52001 (563)5894270 GRANT OF EASEMENT FOR SANITARY SEWER UTILITY AND SANITARY SEWER ACCESS For and in consideration of the sum of Ten Thousand Seven Hundred Twenty Eight and 75/100's Dollars ($10,728.75)) 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 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, rights of ways and easements through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Parts of Lots 1, 2, 3, and 4 of Faldorf-Dockal Woodland Preserve, in the City of Dubuque, Iowa, as shown on Exhibit E attached hereto and by reference made a part hereof. Sanitary sewer utility easements shall be as shown on the attached Exhibit E for the purpose of constructing and maintaining a sanitary 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. Sanitary sewer access easements shall be as shown on the attached Exhibit E for the purposes of accessing the existing and future sanitary sewer utilities located on said Lots 1, 2, 3, and 4. It is understood and agreed that the Grantee herein shall restore the disturbed area due to the construction, maintenance or repair of said sanitary sewer and appurtenances. 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 said 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 City of Dubuque in the process of maintaining, repairing or reconstructing the sanitary sewer main utility. City of Dubuque 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 said sanitary sewer utility thereon or therein. Said easement shall be binding on all subsequent property owners, its successors and assigns. Dated at Dubuque, Iowa this 12 day of I n.,,e , 2024. RABBIT HOLLOW NATURE CONSERVANCY, INC. By: J"' o�jj. An rew J. Bu r, President NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this ]' 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. Traci A. Keller Iowa notarial Seal (�4AA L&P'n, Commission # 1653 Mp Ccmmicsion Expires: Notary Public -I For Said State PROPOSED EASEMENT AREAS: SANITARY SEWER UTILITY EASEMENT- 198,853 SQ. FT. SANITARY SEWER ACCESS EASEMENT= 63,316 SQ. FT. Dubuque CITY OF DUBUQUE ,' ENGINEERING DEPARTMENT a RrAoa✓M. SRM ��� ,m-'aaN 2007 I I � 2012 o-n.N JB ` O.i PART OF LOTS THROUGH 4 OF FN-D0RF-OOCXAL 2013 2017 WOODUNO PRESEIRVE IN THE CITY OF DUBUQUE, IOWA i / 2019 a NORTH PIPE j'� D tar 20D• sar Doi SCALE I' MFEET W C WEST LINE OF LOT < (162) EXISTINGS • = WOODL DOCKAL TRAIL • J AlfF \ w000uNrlo PRESERVE F R Z °N b 1pt $ EXISTING II CENTERLINEC EXISTING SM1 A ` RXAn ramp ,: yt • TRAIL WIpE SANITARY SEWER TO EM REaaln gEe�RlrEx w EASEMENT PER DOCUM1ITARY w pAAOi FDIXo -1 a j/ �1 \ PROPOSED SS•RR U / 1 — .VMLL a awIlrtARr RIwcR unuTr 1 � 1 1 � Tr / ° j \ \�•, EASEMENT OFFSET FROM © PROPOSED ISO' WIDE SANITARY -` i ....-._.... \ 1 ,I 1 SEWER YTLT' EASEMENT AND PARALLEL TO IIORTH �Z Pf 1 / / RAILROAD R1GMT-0E-WAr 1 I THE NO PROM AISD PARALLEL 70 O O A ..... LINE « \ SANITARY TARTM LINE OF EKI6TIN0 Cy)CgG SANITARY SEINER % �SLFdG CENTERLINE EXISTING 20' C�' W( - .... • E%ISTIRAI WIDE SANITARY SEWER i10 F' l wlLleNT PER DOCUMENT , R.DW CIFC�\.._..-` RECoRDIDINDIeDTowN \LTD Lora ROOK 15R PAGE xxa AD ` \ PROPOSED A 2W WIDE SA IXI{TIIIG NORTH LINE '�'•I. TD `y ` WIDE SANITARY SO' WIDE SANITARY CN RNLRo APPROXIMATE £ j \ SEWER UTRJTr d SEWER EASEMENT PER RIGHT-0E-WAY STREAM "- '� EABELENT tw DOCUMENT RECORDED IN _\ £ TRA` Y OFFSET MON DEED TOWN LOTS BOON �,�X- TR'IL / �•.. ANDPARALLEL ISO PAOI I]S LEGEND dT \ % eelffMUMe EwmND TO THE EAST • x0• WIDE SANITARr ``,. YN! OF FOUNO IRON ROD/PIPE AS NOTED YM"_�sFT' ��� SEWER EASEMENT PER EXISTING PX"� O*CUMENT RECORDED IN SANITARY ® EXISTING SANITARY MANHOLE \ DEED TOWN LOTS ROOK SEWER R.O.W. RIGHT OF WAY CENfORLIME EXISTING 20' 159 PAoI 223 �' EASEMENT �I�°M EAST LINE OF LOT I (10D.OD.) RECORD DIMENSION WIDE SANITARY SEWER TRAIL \ FAOLDDOORRFN DOCNAL EASEMENT PER DOCUMENT PROPOSED ND• WIDE SANITARY SEWER ADJACENT PROPERTY LINE RECORDED IN DEED TOWN APPROXIMATE PRESERVE UTILITY EASEMENT OFFSET MON AND Q STREAM RAILROAD RIGHT-OF-WAY LINE LOTS ROOK 159 PAGE =3 PARALLEL TO THE WEST LINE OF —a— CENTERLINE EXISTING SANITARY SEWER EXISTING SANITARY SEWER EASEMENT ---- APPROXIMATE CENTERLNE STREAM CITY OF DUBUQUE W EXISTING SANITARY SEWER EASEMENT WITH EXHIBIT E - SANITARY SEWER UTILITY EASEMENT CENTERLINE ON EXISTING SANITARY SEWER PROPOSED TS' WIDE SANITARY —� AND SANITARY SEWER ACCESS EASEMENT (WIDTH AND RECORDED DOCUMENT AS NOTED) T sewRR uTRm EARErONT OFFSET JOB NO. FRON AND PARALLeL TO THE COUNTY DUBUQUE PARCEL NO. PROPOSED SANITARY SEWER UTILITY s� NORTH RAILROAD RIGHT#�11AY EASEMENT (WIDTH AS NOTED) PROJECT OLD MILL LIFT STATION $ECTIONjj,$35JWP 89N RANGE 2E \ LINI ROW —FEE WA EXIST. ROAD N/A PERM. EASEM'T SEE ASOVE APPRoxILaTE u�o�o�o�o�a�o�a�� PCC.SSEASE E T..NITARYSEWER \ STREAM ACCESS EASEMENT ON EXISTING TRAL LEGAL DESCRIPTION PART OF LOTS I THRU d OF FALDORF-DOCKAL WOODLAND PRESERVE \ OWNER RABBIT HOLLOW NATURE CONSERVANCY, INC. ACCEPTANCE AND CONSENT TO GRANT OF EASEMENT Iowa Natural Heritage Foundation, hereby acknowledges receipt of the foregoing Grant of Easement and consents thereto. Dated: June 3, 2024. IOWA NATURAL HERITAGE FOUNDATION By: C tasep'A A. McGovern, P esident of Iowa tural Heritage Foundation STATE OF IOWA, COUNTY OF POLK ) ss On June 3, 2024, before me, the undersigned, a notary public in and for said County, in said State, personally appeared Joseph A. McGovern, President of Iowa Natural Heritage Foundation, 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. & uo-" w7� ERIN VAN WAUS Signature of Notary Public g CodyImoTdalCw Number 766123 Bqk February a, 2026 Exhibit B - Tenant Consent to Assignment of Lease