Acceptance of a Grant of Easement for Public Utilities over CC15, LLC Property at 1502 Bies DriveCity of Dubuque
City Council Meeting
Consent Items # 08.
Copyrighted
September 16, 2024
ITEM TITLE: Acceptance of a Grant of Easement for Public Utilities over CC15, LLC
Property at 1502 Bies Drive, Dubuque, Iowa
SUMMARY: City Manager recommending City Council accept the Grant of Easement
for Public Utilities from CC15, LLC across part of Lot 1 of Roger F. &
Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa, common
address 1502 Bies Drive, in Dubuque, Iowa, as shown on the attached
Grant of Easement document to facilitate the future maintenance and
repair of the existing City electrical utility line.
RESOLUTION Accepting a Grant of Easement for Public Utilities
Through, Over and Across Part of Lot 1 of Roger F. & Kathleen A.
Klauer Family Place, 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 Easement Supporting Documentation
Masterpiece on the Mississippi
Dubuque
AIFberka city
2007.2012.2013
2017*2019
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of a Grant of Easement for Public Utilities over CCI5, LLC
Property at 1502 Bies Drive, Dubuque, Iowa
DATE: September 11, 2024
Assistant City Engineer Robert Schiesl is recommending City Council accept the Grant
of Easement for Public Utilities from CCI5, LLC across part of Lot 1 of Roger F. &
Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa, common address 1502
Bies Drive, in Dubuque, Iowa, as shown on the attached Grant of Easement document
to facilitate the future maintenance and repair of the existing City electrical utility line.
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
Robert Schiesl, Assistant City Engineer
Nate Kieffer, PLS
Gus Psihoyos, City Engineer
Duane Richter, Traffic Engineer
Masterpiece on the Mississippi
Dubuque
trattri
All -America City
111111
2007.2012.2013
2017*2019
TO: Michael C. Van Milligen, City Manager
FROM: Robert Schiesl, Assistant City Engineer
DATE: September 10, 2024
RE: Acceptance of a Grant of Easement for Public Utilities over CCI5, LLC Property at
1502 Bies Drive, Dubuque, Iowa
INTRODUCTION
The purpose of this memorandum is to seek approval and acceptance of a Grant of Easement
for Public Utilities across CCI5, LLC property being part Lot 1 of Roger F. & Kathleen A. Klauer
Family Place, in the City of Dubuque, Iowa, common address 1502 Bies Drive, in Dubuque,
Iowa.
BACKGROUND
Earlier this year, CCI5 LLC (Joel Callahan developer) began construction of a 28-unit multi-
family housing project at 1502 Bies Drive. The Callahan project property is directly south of and
adjacent to the subject Schreiber property. During construction of the housing project, the
developer's contractor discovered an existing City owned electrical conduit running across the
northeast corner of the Callahan property and the southern portion of the Schreiber property.
The electrical utility line powers the public streetlight at the Kebbie Drive cul-de-sac. There is
no easement of record for the subject electric utility line.
DISCUSSION
In order to allow for future maintenance or repair of the public electric utility line, a formal
easement is being sought by the City. The utility easement will also allow for other utilities
including the extension of an Alliant power line serving area properties. The City has prepared
the attached easement exhibit and the Schreiber's have executed the attached Grant of Utility
Easement document. A separate easement from the property owner to the north (Schreiber) is
being requested by the City.
RECOMMENDATION
I recommend accepting the Grant of Easement for Public Utilities from CCI5, LLC across part of
Lot 1 of Roger F. & Kathleen A. Klauer Family Place, in the City of Dubuque, Iowa, as shown on
the attached Grant of Easement document to facilitate the future maintenance and repair of the
existing City electrical utility line.
ACTION TO BE TAKEN
I respectfully request acceptance of the Grant of Easement for Public Utilities from CCI5, LLC
through the adoption of the enclosed resolution.
Prepared by Nate Kieffer, PLS
cc: Duane Richter, Traffic Engineer
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. 286-24
ACCEPTING A GRANT OF EASEMENT FOR PUBLIC UTILITIES THROUGH,
OVER AND ACROSS PART OF LOT 1 OF ROGER F. & KATHLEEN A. KLAUER
FAMILY PLACE, IN THE CITY OF DUBUQUE, IOWA
Whereas, CC15, LLC has executed a Grant of Easement for Public Utilities
through, over and across part of Lot 1 of Roger F. & Kathleen A. Klauer Family
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 Public Utilities
through, over, and across part of Lot 1 of Roger F. & Kathleen A. Klauer Family
Place, in the City of Dubuque, Iowa, as shown on the Grant of Easement for Public
Utilities, from CC15, LLC, a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and
acknowledge on behalf of the City of Dubuque any instruments in connection
herewith.
Section 3. The City Clerk is hereby authorized to and directed to record
this resolution and Grant of Easement for Public Utilities with the Dubuque County
Recorder.
Passed, approved and adopted this 16th day of September, 2024.
Bradvanagh, Mayor
Attest:
Adrienne N. Breitfelder, City Clerk
Doc ID: 011268420005 Type GEN
Kind: EASEMENT
Recorded: 09/17/2024 at 03:11:22 PM
Fee Amt: $27.00 Page 1 of 5
Dubuque County Iowa
Karol Kennedy Recorder
File2024-00008770
Prepared by: Nate Kieffer, City of Dubuque. 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270
Retum to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270
GRANT OF EASEMENT FOR PUBLIC UTILITIES
For and in consideration of Ten and 00/100's Dollars ($10.00) and other good
and valuable consideration, CCI5, LLC, an Iowa Corporation, ("Grantor") does
hereby grant to the City of Dubuque ("Grantee"), a municipal corporation, its
agents and contractors, from the date hereof, a right of way and easement
through, under and across the following described real estate situated in
Dubuque County, Iowa, to wit:
Part of LOT 1 OF ROGER F. & KATHLEEN A. KLAUER FAMILY 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. Said Permanent
Public Utility Easement shall be 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 Permanent Public Utility 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 due to the construction, maintenance or repair of said public utilities and
other appurtenances.
Grantor shall not erect any structure over or within the Permanent 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 public utilities
thereon or therein.
Dated at Dubuque, Iowa this 34,1 day of Sew , 2024.
CCI5, LLC
By:
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this jr� day of S.E.P-1tn1 hex , 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 OAVIOSHOFER
Commission Number 777501
My Comm. Exp. 3-1 —2
aryArk
Pub i In and For SMI State
Prepared By: City of Dubuque Address: 50 West 13th St., Dubuque, IA 52001 Ph:563-589-4270
CITY OF DUBUQUE
EXHIBIT A - PERMANENT PUBLIC UTILITY EASEMENT
COUNTY DUBUQUE PARCEL NO. 1028206021 JOB NO.
PROJECT SECTION 24 TWP 89N RANGE 2E
ROW -FEE N/A EXIST. ROAD N/A PERM. EASEMT SEE BELOW
LEGAL DESCRIPTION LOT 1 OF ROGER F. AND KATHLEEN A. KLAUER FAMILY PLACE
OWNER CCI5, LLC
KEBBIE DRIVE
(50' RADIUS CULDESAC R.O.W.)
NORTH LINE OF LOT 1
ROGER F. AND
KATHLEEN A. KLAUER
FAMILY PLACE
N88°16'07"E 50.18' (50.18'
EXISTING 15' WIDE
STORM/SANITARY SEWER
EASEMENT
SOUTH LINE OF
EXISTING 15' WIDE
STORM/SANITARY
SEWER EASEMENT
•
Boo
0
N88°16'07"E 99.91' (99.91')
91.91'
N88°16'07"E 91.91'
EAST LINE OF
EXISTING 15' WIDE
STORM/SANITARY
SEWER EASEMENT
PERMANENT PUBLIC
UTILITY EASEMENT
1,379 SQ. FT., 0.032 AC
LEGEND
WEST LINE OF —\
EXISTING 8'
WIDE PUBLIC
UTILITY
EASEMENT
NORTHEAST CORNER
OF LOT 1 ROGER F. AND
KATHLEEN A. KLAUER
FAMILY PLACE
EAST LINE OF LOT 1
ROGER F. AND
KATHLEEN A. KLAUER
FAMILY PLACE
WEST LINE OF
EXISTING 8'
WIDE PUBLIC
UTILITY
EASEMENT
NORTH
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13`" Street. Dubuque, IA 52001 j563) 589-4270
Return to: Adrienne N. 8reitfelder, City Clerk, City of Dubuaue, 50 W. 13'" Street. Dubuaue, IA 52001 (563) 589-4121
RESOLUTION NO. 286-24
ACCEPTING A GRANT OF EASEMENT FOR PUBLIC UTILITIES THROUGH,
OVER AND ACROSS PART OF LOT 1 OF ROGER F. & KATHLEEN A. KLAUER
FAMILY PLACE, IN THE CITY OF DUBUQUE, IOWA
Whereas, CCIS, LLC has executed a Grant of Easement for Public Utilities
through, over and across part of Lot 1 of Roger F. & Kathleen A. Klauer Family
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 Public Utilities
through, over, and across part of Lot 1 of Roger F. & Kathleen A. Klauer Family
Place, in the City of Dubuque, Iowa, as shown on the Grant of Easement for Public
Utilities, from CCI5, LLC, a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and
acknowledge on behalf of the City of Dubuque any instruments in connection
herewith.
Section 3. The City Clerk is hereby authorized to and directed to record
this resolution and Grant of Easement for Public Utilities with the Dubuque County
Recorder.
Passed, approved and adopted this 16th day of Se
Brad - - vanagh, Mayor
Attest:
„Li
i t k' i;
Adrienne N. Breitfelder, City Clerk
STATE OF IOWA
CERTIFICATE of the CITY CLERK
) 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. 286-24 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 17 day of September 2024.
Adrienne N. Breitfelder, City Clerk