Acceptance of a Grant of Easement for Water Main Utility over Callahan Construction, Inc. propertyCity of Dubuque
City Council Meeting
ITEM TITLE:
SUMMARY:
Copyrighted
August 5, 2024
Consent Items # 011.
Acceptance of a Grant of Easement for Water Main Utility over Callahan
Construction, Inc. property in the City of Dubuque, Iowa as part of the
Water Department's Water Main Creek Crossing Project
City Manager recommending City Council accepting the Grant of
Easement for Water Main Utility from Callahan Construction, Inc. (Joel
Callahan) across part of Lot 2 of Callahan Place, in the City of Dubuque,
Iowa, as shown on the attached Grant of Easement document to facilitate
the construction of the Water Main Creek Crossing Project.
RESOLUTION Accepting a Grant of Easement for Water Main Utility
through, over and across part of Lot 2 of Callahan Place, 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
Easement Agreement Supporting Documentation
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
heal
All -America City
111111
2007.2012.2013
2017*2019
SUBJECT: Acceptance of a Grant of Easement for Water Main Utility over Callahan
Construction, Inc. property in the City of Dubuque, Iowa as part of the
Water Department's Water Main Creek Crossing Project
DATE: July 30, 2024
City Engineer Gus Psihoyos is recommending City Council accept the Grant of
Easement for Water Main Utility from Callahan Construction, Inc. (Joel Callahan) across
part of Lot 2 of Callahan Place, in the City of Dubuque, Iowa, as shown on the attached
Grant of Easement document to facilitate the construction of the Water Main Creek
Crossing Project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
briA44 kr4A/71.
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
Chris Lester, Water Department Director
Charlie Gau, Water Department Engineering Assistant
Jesse Bernhardt, Water Department GIS Specialist
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: July 25, 2024
RE:
Dubuque
AIl•MerieaCity
11111r
2007*2012.2013
2017*2019
Acceptance of a Grant of Easement for Water Main Utility over Callahan
Construction, Inc. property in the City of Dubuque, Iowa as part of the Water
Department's Water Main Creek Crossing Project
INTRODUCTION
The purpose of this memorandum is to seek approval and acceptance of a Grant of Easement
for Water Main Utility across Callahan Construction, Inc. (Joel Callahan) property being part of
the Lot 2 of Callahan Place, in the City of Dubuque, Iowa as part of current Water Main Creek
Crossing Project.
BACKGROUND
The Water Main Creek Crossing Project is a stream bank restoration project to protect City water
main infrastructure at creek crossings. One of the creek crossing locations involves the subject
Callahan property on Seippel Road. The property legal description is Lot 2 Callahan Place.
DISCUSSION
The project design includes improvements that, while being constructed, impact adjacent private
property improvements such as lawns, trees and landscaping, sidewalks, driveways, retaining
walls, and fences. To make the necessary infrastructure improvements, the project requires
permanent and temporary easements on the Callahan property. The property owner has
executed the attached grant of easement document allowing the City to complete the current
project and then maintain, repair or replace the improvements in the future.
RECOMMENDATION
I recommend accepting the Grant of Easement for Water Main Utility from Callahan
Construction, Inc. across part of Lot 2 of Callahan Place, in the City of Dubuque, Iowa, as shown
on the attached Grant of Easement document to facilitate the construction of the Water Main
Creek Crossing Project.
ACTION TO BE TAKEN
I respectfully request acceptance of the Grant of Easement for Water Main Utility from Callahan
Construction, Inc. through the adoption of the enclosed resolution.
Prepared by Nate Kieffer, PLS
cc: Chris Lester, Water Department Manager
Charlie Gau, Water Department
Jesse Bernhardt, GIS Specialist
2
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13'h Street, Dubuque, IA 52001 (563) 589-4270
Return to: Adrienne N. Breitfelder City Clerk, City of Dubuque, 50 W. 13'h Street, Dubuque, IA 52001 (563) 589-4121
RESOLUTION NO. 236-24
ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN UTILITY
THROUGH, OVER AND ACROSS PART OF LOT 2 OF CALLAHAN PLACE,
CITY OF DUBUQUE, IOWA
Whereas, Callahan Construction, Inc., has executed a Grant of Easement
for Water Main Utility through, over and across part of Lot 2 of Callahan Place, 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 Water Main Utility
through, over and across part of Lot 2 of Callahan Place, in the City of Dubuque,
Iowa as shown on the Grant of Easement for Water Main Utility, from Callahan
Construction, 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.
Section 3. The City Clerk is hereby authorized to and directed to record
this resolution and Grant of Easement for Water Main Utility with the Dubuque
County Recorder.
Passed, approved and adopted this 5th day of August, 2024.
Brad M. Cavanagh, Mayor
Attest:
Adrienne N. Breitfelder, City Clerk
II
III IN IIIII HhII ��I�I ��ll� IIOI HIII IIIII IIIII IIIII IIIII IINI IIII IIII
Doc ID 011252930007 Type GEN
Kind EASEMENT
Recorded: 08/06/2024 at 04:07:41 PM
Fee Amt: $37.00 Page 1 of 7
Dubuque County Iowa
Karol Kennedy Recorder
File2024-00007240
Prepared bv: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270
GRANT OF PERMANENT EASEMENT FOR WATER MAIN UTILITY
For and in consideration of the Eight Hundred Fourteen and 23/100 dollars
($814.23) and other good and valuable consideration, the receipt whereof is
hereby acknowledged, CALLAHAN CONSTRUCTION, INC., an Iowa
Corporation ("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 Callahan Place, 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 water main 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.
Together with the right to enter upon said property over the temporary
construction easement areas as shown on the attached Exhibit B during the
period of 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, maintenance or repair of said water main and
appurtenances.
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
C Ty E neer
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 water main
utilities thereon or therein.
Dated at Dubuque, Iowa this ) -4th day of 3«
By:
, 2024.
CALLAH N CONSTRUCTION ,
INC.
Joe 'Callahan, President
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this f-4. �h day of TU►\. , A.D., 2024 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared Joel M.
Callahan, 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.
KATIE JO DAVIDSHOFER
Commission Nu ber 777501
My Comm.
N to
1 t
P blic In and Said tate
INDEX LEGEND
EXHIBIT A
LOCATION: LOT 2 OF CALLAHAN PLACE, DUBUQUE. DUBUQUE
COUNTY, IOWA
REQUESTOR: CITY DUBUQUE, IOWA
PROPRIETOR: CALLAHAN CONSTRUCTION INC.
SURVEYOR COMPANY: MSA PROFESSIONAL SERVICES INC., 1555 SE
DELEWARE AVE, SUITE F, ANKENY, IA, 50021
RETURN TO: JOHN DEWEY, MSA PROFESSIONAL SERVICES INC.,
1555 SE DELEWARE AVE, SUITE F, ANKENY, IA, 50021
FOR RECORDER USE
LOT 2-1 OF THE
SE OFTHE NE OF
SEC. 25-T89N-R1 E
w
PERMANENT EASEMENT FOR
WATER MAIN UTILITY
I
33.00' ROW
LOT 2
CALLAHAN PLACE
24°33'34" W -
33.12'
N 43°07'57" W -
37,13'
_�'
S 86'42'38" W
16.54'
POINT OF
BEGINNING
BEARING BASED ON IOWA STATE PLANE
COORDINATE SYSTEM NAD 83, NORTH ZONE.
GRAPHIC SCALE
0 100 200
1 INCH = 100 US FEET
i
I
EAST LINE
OF LOT 2
S 16' 25'39" W
100.13'
S 24°33'34" E
22.38'
S 43°07'57" E
36.02'
S 02°15'07" E
11.15'
POINT OF
\ COMMENCEMENT
S 86°42'38" W
33.02'
SE CORNER
OF LOT 2
LEGEND
- EASEMENT LINE
RIGHT OF WAY LINE
- PLATTED LINE
PROPERTY LINE
SECTION LINE
PERMANENT EASEMENT FOR WATER MAIN UTILITY:
PART OF LOT 2 OF THE CALLAHAN PLACE IN AND FORMING A PART OF THE CITY
OF DUBUQUE, DUBUQUE COUNTY, IOWA. MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE ALONG
THE SOUTH LINE OF SAID LOT 2, S86°42`38"W, 33.02 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING ALONG THE SOUTH LINE OF SAID LOT 2,
S86°42'38"W, 16.54 FEET;THENCE N43°07'57"W, 37.13 FEET; THENCE N24°33'34"W,
33.12 FEET; THENCE N16°25'39"E, 166.77 FEET TO THE EAST LINE OF SAID LOT 2
ALSO BEING THE WESTERLY RIGHT OF WAY OF SEIPPEL ROAD; THENCE ALONG
SAID EAST LINE, S02°15'07"E, 62.45 FEET; THENCE S16°25'39"W, 100.13 FEET;
THENCE S24°33'34"E, 22.38 FEET; THENCE S43°07'57"E, 36.02 FEET TO SAID EAST
LINE AND WESTERLY RIGHT OF WAY; THENCE ALONG SAID EAST LINE,
S02°15'07"E, 11.15 FEET TO THE POINT OF BEGINNING. DESCRIBED AREA
CONTAINS 4,048 SQUARE FEET MORE OR LESS.
PERMANENT
WATER MAIN EASEMENT
CREEK CROSSING RESTORATION
DUBUQUE, IOWA
o
PROJECT NO: 00452117
F B : FILE
PROJECT DATE 5121124
PLOT DATE 08130122
DRAWN BY: JGD
CHECKED BY JGD
MSA
005115I11551,bttt
tt
415
U JOHN • ttz
DEWEY • "
23252
ttt4jgIHOWP••a,,,��
uttNtt,
I HEREBY CERTIFY THAT THIS LAND SURVEYING
DOCUMENT WAS PREPARED AND THE RELATED
SURVEY WORK WAS PERFORMED BY ME OR UNDER MY
DIRECT : • RSONAL SUPERVISION AND THAT I AM DULY
LICEN • D SURVEYOR UNDER THE LAWS OF THE
STAT: OIA.
37;/ z
LIt' NSE N• 252
MY LICENS RENEWAL DATE IS DECEMBER 31, 2025
PAGES OR SHEETS COVERED BY THIS SEAL: 1 OF 1
EXHIBIT B
33.00' ROW
LOT 2
CALLAHAN PLACE
\
LOT 2-1 OF THE \ L6
SE Y4 OF THE NE Y4 OF \
SEC. 25-T89N-R1 E
- - -- L7
POINT OF
BEGINNING
TEMPORARY CONSTRUCTION
EASEMENT
EAST LINE
OF LOT 2
POINT OF
BEGINNING
POINT OF
COMMENCEMENT
SE CORNER
S 86°42'38" W OF LOT 2
33.02'
LEGEND
EASEMENT LINE
RIGHT OF WAY LINE
PLATTED LINE
PROPERTY LINE
SECTION LINE
BEARING BASED ON IOWA STATE PLANE
COORDINATE SYSTEM NAD 83, NORTH ZONE.
GRAPHIC SCALE
0 100 200
1 INCH = 100 US FEET
Line Table
Line #
Bearing
Length
L1
N 86°42'38" E
49.56'
L2
S 86°42'38" W
73.01'
L3
N 16°25'39" E
279.58'
L4
S 2°15'07" E
46.83'
L5
S 16°25'39" W
166.77'
L6
S 24°33'34" E
33.12'
L7
S 43°07'57" E
37.13'
L8
N 2°15'07" W
11.15'
L9
N 43°07'57" W
36.02'
L10
N 24°33'34" W
22.38'
L11
N 16°25'39" E
100.13'
L12
S 2°15'07" E
142.80'
TEMPORARY CONSRUCTION EASEMENT:
PART OF LOT 2 OF CALLAHAN PLACE, IN AND FORMING A PART
OF THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2;
THENCE ALONG THE SOUTH LINE OF SAID LOT 2, S86°42'37"W,
49.56 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING
ALONG SAID SOUTH LINE S86°42'38"E, 73.01 FEET; THENCE
N16°25'39"E, 279.58 FEET TO THE EAST LINE OF SAID LOT 2 ALSO
BEING THE WESTERLY RIGHT OF WAY OF SEIPPEL ROAD;
THENCE ALONG SAID EAST LINE, S02°15'07"E, 46.83 FEET;
THENCE S16°25'39"W, 166.77 FEET; THENCE S24°33'34"E, 33.12
FEET; THENCE S43°07'57"W, 37.13 FEET TO THE POINT OF
BEGINNING. DESCRIBED AREA CONTAINS 5,319 SQUARE FEET
MORE OR LESS.
ALSO:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2;
THENCE ALONG THE SOUTH LINE OF SAID LOT 2, THENCE
S86°42'38"W, 33.02 FEET; THENCE ALONG THE EAST LINE OF
SAID LOT 2 ALSO BEING THE WESTERLY RIGHT OF WAY OF
SEIPPEL ROAD, NO2°15'07"W, 11.15 FEET TO THE POINT OF
BEGINNING; THENCE N43°07'57' W, 36.02 FEET; THENCE
N24°33'34"W, 22.38 FEET; THENCE N16°25'39"E, 100.13 FEET TO
THE EAST LINE OF SAID LOT 2 ALSO BEING THE WESTERLY
RIGHT OF WAY OF SEIPPEL ROAD; THENCE ALONG SAID EAST
LINE, S02°15'07"E, 142.80 FEET TO THE POINT OF BEGINNING.
DESCRIBED AREA CONTAINS 2,418SQUARE FEET MORE OR
LESS.
MSA
CREEK CROSSING RESTORATION
DUBUQUE, IOWA
PROJECT NO
00492117
SilEET
01
Prepared by: Nate Kieffer. City of Dubuque, 50 W. 13'" Street, Dubuque, IA 52001 (563) 589-4270
Return to: Adrienne N. Breitfeider, City Clerk, City of Dubuque, 50 W. 13' Street, Dubuque. IA 52001 (563) 589-4121
RESOLUTION NO. 236-24
ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN UTILITY
THROUGH, OVER AND ACROSS PART OF LOT 2 OF CALLAHAN PLACE,
CITY OF DUBUQUE, IOWA
Whereas, Callahan Construction, Inc., has executed a Grant of Easement
for Water Main Utility through, over and across part of Lot 2 of Callahan Place, 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 Water Main Utility
through, over and across part of Lot 2 of Callahan Place, in the City of Dubuque,
Iowa as shown on the Grant of Easement for Water Main Utility, from Callahan
Construction, 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.
Section 3. The City Clerk is hereby authorized to and directed to record
this resolution and Grant of Easement for Water Main Utility with the Dubuque
County Recorder.
Passed, approved and adopted this 5th day of August, 2024.
Brad 1,nt' anagh, Mayor
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. 236-24 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 6 day of August 2024.
Adrienne N. Breiffelder, City Clerk