Acceptance of Grants of Easement for Access and Maintenance as Part of the 2024 SRF Green Alley ProjectCopyrighted
October 7, 2024
City of Dubuque CONSENT ITEMS # 6.
City Council
ITEM TITLE: Acceptance of Grants of Easement for Access and
Maintenance as Part of the 2024 SRF Green Alley Project
SUMMARY: City Manager recommending City Council accept the Grants
of Easement for Access and Maintenance from Phillip M.
Brown, Mid -America Property Management, LLC, and Rider
Lacey Block, LLC, as identified on the attached resolution as
property owners of properties in the city block bounded by E.
17th, E 18th, Central and White Streets as part of the 2024
SRF Green Alley Project and as shown on the exhibits on
attached the Grants of Easement.
RESOLUTION Accepting Grants of Easement for Access and
Maintenance Associated with the 2024 SRF Green Alley
Project, in the City of Dubuque, Iowa
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
1. MVM Memo
2. 1 green alley 2024 easements cc memo
3. 2 green alley 2024 Resolution accept easements
4. grant easement brown signed
5. grant easement mid america signed
6. grant easement rider lacey
Page 195 of 674
Masterpiece on the Mississippi
Dubuque
All -America City
1I11
II
2007.2012.2013
2017*2019
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of Grants of Easement for Access and Maintenance as Part of
the 2024 SRF Green Alley Project
DATE: October 3, 2024
City Engineer Gus Psihoyos is recommending City Council accept the Grants of
Easement for Access and Maintenance from Phillip M. Brown, Mid -America Property
Management, LLC, and Rider Lacey Block, LLC, as identified on the attached resolution
as property owners of properties in the city block bounded by E. 17th, E 18th, Central
and White Streets as part of the 2024 SRF Green Alley Project and as shown on the
exhibits on attached the Grants of Easement.
This project will include the reconstruction of three alleys in the downtown area. These
alleys include the reconstruction of the alleys (2) between Iowa Street and Central
Avenue from 15th to 17th streets. The third alley will be reconstructed between Central
Avenue and White Street from 17th to 18th streets. The project will include replacement
of water and sewer utilities in the corridor, including replacing private services for water
and sewer. The private water services that are lead will be replaced from the main to
the buildings. This project will use SRF funds to help pay for the paving portion of the
work. American Rescue Plan (ARPA) funds will be used for the utility work planned.
The SRF funds were leveraged from the Bee Branch RR Culvert Project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Page 196 of 674
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
Dubuque
All -America City
2007.2012
2013.2017
SUBJECT: Acceptance of Grants of Easement for Access and Maintenance as Part of
the 2024 SRF Green Alley Project
DATE: September 30, 2024
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a Grants of Easement for
Access and Maintenance across properties in the city block bounded by E. 17th, E 18t"
Central and White Streets as part of the 2024 SRF Green Alley Project.
BACKGROUND
To date the city has reconstructed 81 alleys using interlocking concrete pavers to create
"Green Alleys". Green Alleys help allow for water infiltration thus reducing runoff from rain
events. The alleys also help with reducing total suspended solids, nitrogen and
phosphorous from enter the storm sewer system in Dubuque.
The green alleys have historically been funded with clean water state revolving funds
(SRF). The funds are leveraged from sanitary sewer projects the city completes. In the
past, $9.4 million was leveraged from the reconstruction of the Water Resource Recovery
Center.
DISCUSSION
This project will include the reconstruction of three alleys in the downtown area. These
alleys include the reconstruction of the alleys (2) between Iowa Street and Central Avenue
from 15th to 17th streets. The third alley will be reconstructed between Central Avenue
and White Street from 17th to 18th streets. The project will include replacement of water
and sewer utilities in the corridor, including replacing private services for water and sewer.
The private water services that are lead will be replaced from the main to the buildings.
This project will use SRF funds to help pay for the paving portion of the work. American
Rescue Plan (ARPA) funds will be used for the utility work planned. The SRF funds were
leverage from the Bee Branch RR Culvert Project.
As part of the Iowa Department of Agriculture and Land Stewardship review (IDALS) and
the Iowa DNR review of our proposed construction documents, comments were made
concerning permeable paver area related to the contributing drainage area. Per revised
standards the Iowa DNR adopted recently, the receiving permeable paver area cannot
Page 197 of 674
have a drainage area over a certain percentage. In review of our project, additional
private parking areas were added to have permeable pavers so that the City could meet
the required percentage of permeable area to meet IDNR requirements. Meeting these
requirements is required to use clean water SRF funds for the alleys. The City will own
and maintain these private parking areas.
The City proposes to acquire permanent access and maintenance easements to allow for
maintenance of the proposed permeable paver driveway improvements across the
properties. The grants of easement and exhibits are shown in the attached documents.
RECOMMENDATION
I recommend accepting the Grants of Easement for Access and Maintenance from Phillip
M. Brown, Mid -America Property Management, LLC, and Rider Lacey Block, LLC, as
identified on the attached resolution and as shown on the exhibits on attached the Grants
of Easement.
ACTION TO BE TAKEN
I respectfully request acceptance of the dedication of Grants of Easement for Access and
Maintenance from the respective property owners through the adoption of the enclosed
resolution.
2
Page 198 of 674
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13'" Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 306-24
ACCEPTING GRANTS OF EASEMENT FOR ACCESS AND MAINTENANCE ASSOCIATED
WITH THE 2024 SRF GREEN ALLEY PROJECT, IN THE CITY OF DUBUQUE, IOWA
Whereas, Phillip M. Brown has executed a Grant of Easement for Access and
Maintenance across Part of Lot 1 of Lot 2 of the North Middle 1/5 of City Lot 435, in the City of
Dubuque, Iowa; and
Whereas, Mid -America Property Management, LLC, has executed a Grant of Easement
for Access and Maintenance across Part of the Northerly 8 feet 1 inch of the South Middle 1/5,
and the Southerly 32' of the Middle 1/5, of City Lot 435, in the City of Dubuque, Iowa, and Part of
the North 19.2 feet of Middle one -fifth, and Lot 2 of Lot 2 of North Middle one -fifth, of City Lot 435,
in the City of Dubuque, Iowa; and
Whereas, Rider Lacey Block, LLC, has executed a Grant of Easement for Access and
Maintenance across Part of the South One -Fifth and the South 14 feet of the South Middle One -
Fifth of City Lot 440, 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 Grants of Easement for Access and Maintenance, across the properties as
listed above, in the City of Dubuque, Iowa from the property owners as listed above, copies of
which are 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. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this resolution with each said Grant of Easement for Access and Maintenance in
the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 7ch day of October 2024.
Brad-M. nagh, Mayor
Attest:
Ci4/4,4-71e, /cr)
Adrienne N. Breitfelder, City Clerk
lIII HII H
W'N
ll 11111
II IllllIIIIIIHII
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1111111111111
Doc ID: 011276490006 Type GEN
Kind EASEMENT
Recorded: 10/08/2024 at 02:36:12 PM
Fee Amt: $32.00 Page 1 of 6
Dubuque County Iowa
Karol Kennedy Recorder
File2024-00009561
Prepared by: 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 EASEMENT FOR ACCESS AND MAINTENANCE
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,
RIDER LACEY BLOCK, LLC
1730 Central Avenue
Dubuque, Iowa 52001
of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do
hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, 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 the South One -Fifth and the South 14 feet of the South Middle
One -Fifth of City Lot 440, in the City of Dubuque, Iowa as shown on
Exhibit A attached hereto and by reference made a part hereof.
Said easement shall be as shown on the attached Exhibit A for the purpose of
constructing and maintaining a permeable paver parking area and other
appurtenances, along with the right, privilege and authority to construct,
reconstruct, maintain, 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 of access over the area shown on the attached Exhibit A
and for ingress and egress to repair, replace or maintain said permeable paver
parking area.
t�t� Cti E rjvieer do32-6
It is understood and agreed that the Grantee herein shall restore the disturbed
area due to the construction, maintenance or repair of said permeable paver
parking area and other 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
excavation that will diminish the lateral support or integrity of said improvements
without obtaining the prior written consent of the City Engineer.
Grantor shall be responsible for all snow and ice removal maintenance activities
over the permeable paver parking area.
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 permeable paver
parking area appurtenances thereon or therein.
7
Dated at Dubuque, Iowa this 3Y day of (ti , 2024.
RIDER LACEY :LOCK, LLC
By:
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF D4JBUQUE COUNTY, SS:
day of VGN , A.D., 2024 before me, the undersigned,
otary Pu lic in and for s }}d ounty, in said State, personally appeared
/Ivi5 ✓d bicit �i 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.
On this
31
KERRYJO BRADLEY
Commission Number 808090
My Commission Expires
December 26, 2026
Notary Pyt5l c In an State
d For aid
Prepared By: City of Dubuque Address: 50 West 13th St., Dubuque, IA 52001 Ph:563-589-4270
CITY OF DUBUQUE
EXHIBIT A - PERMANENT ACCESS AND MAINTENANCE EASEMENT
COUNTY DUBUQUE PARCEL NO. 1024261008 JOB NO
PROJECT GREEN ALLEY - SRF SECTION 24 TWP 89NRANGE 2E
ROW -FEE N/A EXIST. ROAD N/A PERM. EASEM'T SEE BELOW
LEGAL DESCRIPTION THE SOUTH 1/5 AND THE SOUTH 14' OF THE SOUTH MIDDLE 1/5 OF CITY LOT440
OWNER RIDER LACEY BLOCK, LLC
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..-"'''...\ \ PERMANENT ACCESS
AND MAINTENANCE
EASEMENT
e°FYE \ 828 SQ. FT., 0.019 AC Q
/ �RL�3t115�0 9,00 M i \ (J,
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N°�"� ti �i a
1n
0' 15' 30' 60'
SCALE 1" = 30' FEET
NOTES:
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NORTHERLY `'
/ LINE OF SAID
SOUTH 114'
S.
Ali
� ZN� � Gy` . o EAR
OF*
\
WESTERLY
ALLEY
R.O.W. LINE
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF
2. PROPRIETOR OF ABOVE DESCRIBED LOT: RIDER LACEY BLOCK, LLC
3. SURVEY REQUESTED BY: CITY OF DUBUQUE
4. TOTAL AREA OF PERIMETER SURVEYED IS 828 SQUARE FEET (0.019 ACRES)
5. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD
6. DATE OF SURVEY: 5-20-2024
!hereby certify that this tend surveying document was prepared and
the related survey work was perfumed by me or under my direct
personal supervision and Bret I am a SIy licensed Land
Surveyor under theism of Be State of Iowa.
For the Oy of Dubuque
Russell N. Kieffer Iowa LE. No. 18128 Date
My license renewal date Is December 31, 2024
Pages or sheets covered by this seal: THIS PAGE ONLY
11-C�` O `N l
, 6Q R.
R.O.W.
LEGEND
PROPOSED PERMANENT
EASEMENT AREA
RIGHT OF WAY
— — — PROPERTY LINE
CITY OF DUBUQUE
ENGINEERING DEPARTMENT
CITY HALL, 50 WEST 13th STREET
DUBUQUE. IA 52001-4864
PHONE (583) 589-4270 FAX (563) 589-4205
Drawn By. JJB I Approved By. 680 !Date: 07-25-24
THE SOUTH 1/5 AND THE SOUTH 14' OF THE
SOUTH MIDDLE 1/5 OF CITY LOT 440, IN THE
CITY OF DUBUQUE, IOWA
C.I,'. hurter. I Sleet Number: 1 of 3
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13' Street, Dubuque, IA 52001 (5631 589-4270
Return to: Nate Kieffer City of Dubuque, 50 W. 13" Street, Dubuque, IA 52001 (5631 589-4270
RESOLUTION NO. 306-24
ACCEPTING GRANTS OF EASEMENT FOR ACCESS AND MAINTENANCE ASSOCIATED
WITH THE 2024 SRF GREEN ALLEY PROJECT, IN THE CITY OF DUBUQUE, IOWA
Whereas, Phillip M. Brown has executed a Grant of Easement for Access and
Maintenance across Part of Lot 1 of Lot 2 of the North Middle 1/5 of City Lot 435, in the City of
Dubuque, Iowa; and
Whereas, Mid -America Property Management, LLC, has executed a Grant of Easement
for Access and Maintenance across Part of the Northerly 8 feet 1 inch of the South Middle 1/5,
and the Southerly 32' of the Middle 1/5, of City Lot 435, in the City of Dubuque, Iowa, and Part of
the North 19.2 feet of Middle one -fifth, and Lot 2 of Lot 2 of North Middle one -fifth, of City Lot 435,
in the City of Dubuque, Iowa; and
Whereas, Rider Lacey Block, LLC, has executed a Grant of Easement for Access and
Maintenance across Part of the South One -Fifth and the South 14 feet of the South Middle One -
Fifth of City Lot 440, 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 Grants of Easement for Access and Maintenance, across the properties as
listed above, in the City of Dubuque, Iowa from the property owners as listed above, copies of
which are 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. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this resolution with each said Grant of Easement for Access and Maintenance in
the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 7th day of October 2024.
Brad-M 3 e nagh, Mayor
Attest:
/
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. 306-24 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 October 2024.
l . 0 ..
t'. // 't
at54017/Q,
Adrienne N. Breitfelder, City Clerk
IIIIIII II I IIIII011 III IIIII IIII IIIII IIIII III
1111111111111
1111
Doc ID 011276500006 Type GEN
Kind: EASEMENT
Recorded: 10/08/2024 at 02:36:26 PM
Fee Amt: $32.00 Page 1 of 6
Dubuque County Iowa
Karol Kennedy Recorder
Fi1e2024-00009562
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 ACCESS AND MAINTENANCE
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,
PHILLIP M. BROWN
1765 White Street
Dubuque, Iowa 52001
of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do
hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, 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 1 of Lot 2 of the North Middle 1/5 of City Lot 435, in the City of
Dubuque, Iowa, as shown on Exhibit A attached hereto and by reference
made a part hereof.
Said easement shall be as shown on the attached Exhibit A for the purpose of
constructing and maintaining a permeable paver parking area and other
appurtenances, along with the right, privilege and authority to construct,
reconstruct, maintain, 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 of access over the area shown on the attached Exhibit A
and for ingress and egress to repair, replace or maintain said permeable paver
parking area.
OL (' 7 E inec
2-G°
c
It is understood and agreed that the Grantee herein shall restore the disturbed
area due to the construction, maintenance or repair of said permeable paver
parking area and other 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
excavation that will diminish the lateral support or integrity of said improvements
without obtaining the prior written consent of the City Engineer.
Grantor shall be responsible for all snow and ice removal maintenance activities
over the permeable paver parking area.
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 permeable paver
parking area appurtenances thereon or therein.
Dated at Dubuque, Iowa this ¥ day of SE !' , 2024.
PHILLIP M. BROWN
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE COUNTY, SS:
On this 'T day of A.D., 2024 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared Phillip
M. Brown 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.
KERRYJO BRADLEY
Commission Number 808090
My Commission Expires
December 26, 2026
&t.
Notary Publlit/In and For Sai
4
Prepared By: City of Dubuque Address: 50 West 13th St., Dubuque, IA 52001 Ph:563-589-4270
CITY OF DUBUQUE
EXHIBIT A - PERMANENT ACCESS AND MAINTENANCE EASEMENT
COUNTY DUBUQUE PARCEL NO 1024261011 JOB NO.
PROJECT GREEN ALLEY - SRF SECTION 24 TWP 89N RANGE_
ROW -FEE N/A EXIST. ROAD N/A PERM. EASEMT SEE BELOW
LEGAL DESCRIPTION LOT 1-2 OF THE NORTH MIDDLE 1/5 OF CITY LOT 435, CITY OF DUBUQUE
2E
OWNER
PHILLIP M. BROWN
.vicc O\N
E• 16c� �• '
\
IRON P PE
FOUNDON
PERMANENT ACCESS
NORINE 0 57
AND MAINTENANCE EASTERCORY NER
EASEMENT
514 SQ. FT., 0.012 AC
EASTERLY
ALLEY R.O.W.
LINE
NOTES:
0' 15' 30'
SCALE 1" = 30' FEET
NORTHERLY —
LINE OF SAID ^
LOT 1 OF LOT 2 C
NJ00\"�\ 5o0
MEN FINE 5p
0 1'
t\\ Ot 5
\
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF
2. PROPRIETOR OF ABOVE DESCRIBED LOT: PHILLIP M. BROWN
3. SURVEY REQUESTED BY: CRY OF DUBUQUE
4. TOTAL AREA OF PERIMETER SURVEYED IS 514 SQUARE FEET (0.012 ACRES)
5. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD
8. DATE OF SURVEY: 5-20-2024
/ pPtN p\Oti
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01 TO'
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SOUTHERLY ,•,(\N
LINE OFSAID E
OF LOT O2 T 1 ,is OFF N US 0
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3 " pt 435
GO
1 hereby certify met this lend surveying document was prepared and
the related survey work was performed by me or under my direct
personal supervision and that 100 a duty licensed tend
Surveyor under the laws of the State of Iowa.
For the UN of Dubudue
Russell N. Naas( ben Lk. No. 18128 Data
My IIcenss renewal dale Is December 31, 2024
Pages or sheets covered by 1Ns seal: THIS PAGE ONLY
R.O.W.
(100.00')
LEGEND
60'
FOUND 1" IRON PIPE
PROPOSED PERMANENT
EASEMENT AREA
RIGHT OF WAY
RECORD DIMENSION
PROPERTY LINE
CITY OF DUBUQUE
ENGINEERING DEPARTMENT
CITY HALL, 50 WEST 13th STREET
DUBUQUE, IA 52001-4864
PHONE (563) 569-4270 FAX (563) 589-4205
Drawn By. JJB 1 Approved By. RNK loafer 07.23.24
LOT 1-2 OF THE NORTH MIDDLE 1/5 OF CITY
LOT 435, IN THE CITY OF DUBUQUE, IOWA
CJ.P. Number. 1 Sled Number. 1 of 3
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13'h Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer. City of Dubuque, 50 W. 13`h Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 306-24
ACCEPTING GRANTS OF EASEMENT FOR ACCESS AND MAINTENANCE ASSOCIATED
WITH THE 2024 SRF GREEN ALLEY PROJECT, IN THE CITY OF DUBUQUE, IOWA
Whereas, Phillip M. Brown has executed a Grant of Easement for Access and
Maintenance across Part of Lot 1 of Lot 2 of the North Middle 1/5 of City Lot 435, in the City of
Dubuque, Iowa; and
Whereas, Mid -America Property Management, LLC, has executed a Grant of Easement
for Access and Maintenance across Part of the Northerly 8 feet 1 inch of the South Middle 1/5,
and the Southerly 32' of the Middle 1/5, of City Lot 435, in the City of Dubuque, Iowa, and Part of
the North 19.2 feet of Middle one -fifth, and Lot 2 of Lot 2 of North Middle one -fifth, of City Lot 435,
in the City of Dubuque, Iowa; and
Whereas, Rider Lacey Block, LLC, has executed a Grant of Easement for Access and
Maintenance across Part of the South One -Fifth and the South 14 feet of the South Middle One -
Fifth of City Lot 440, 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 Grants of Easement for Access and Maintenance, across the properties as
listed above, in the City of Dubuque, Iowa from the property owners as listed above, copies of
which are 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. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this resolution with each said Grant of Easement for Access and Maintenance in
the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 7th day of October 2024.
Attest:
ne„.
Adrienne N. Breitfelder, City Clerk
STATE OF IOWA
CERTIFICATE of tfie 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. 306-24 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 October 2024.
Adrienne N. Breitfelder, City Clerk
MNri
mmm
mw�
u
u
11111111111
Doc ID' 011276510007 Type GEN
Kind: EASEMENT
Recorded: 10/08/2024 at 02:36:53 PM
Fee Amt: $37.00 Page 1 of 7
Dubuque County Iowa
Karol Kennedy Recorder
File2024-00009563
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 ACCESS AND MAINTENANCE
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,
MID-AMERICA PROPERTY MANAGEMENT, LLC
P.O. Box 1572
Dubuque, Iowa 52004
of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do
hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, 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 the Northerly 8 feet 1 inch of the South Middle 1/5, and the
Southerly 32' of the Middle 1/5, of City Lot 435, in the City of Dubuque,
Iowa, as shown on Exhibit A attached hereto and by reference made a
part hereof; and
Part of the North 19.2 feet of Middle one -fifth, and Lot 2 of Lot 2 of North
Middle one -fifth, of City Lot 435, in the City of Dubuque, Iowa, as shown
on Exhibit A attached hereto and by reference made a part hereof.
Said easement shall be as shown on the attached Exhibit A for the purpose of
constructing and maintaining a permeable paver parking area and other
appurtenances, along with the right, privilege and authority to construct,
reconstruct, maintain, 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.
cLb
6 C()o(neer 33`ci
Together with the right of access over the area shown on the attached Exhibit A
and for ingress and egress to repair, replace or maintain said permeable paver
parking area.
It is understood and agreed that the Grantee herein shall restore the disturbed
area due to the construction, maintenance or repair of said permeable paver
parking area and other 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
excavation that will diminish the lateral support or integrity of said improvements
without obtaining the prior written consent of the City Engineer.
Grantor shall be responsible for all snow and ice removal maintenance activities
over the permeable paver parking area.
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 permeable paver
parking area appurtenances thereon or therein.
Dated at Dubuque, Iowa this /9 % day of -5 PTA eC 2; 2024.
MID-AMERICA PROPERTY
MANAGEMENT, LLC
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE COUNTY, SS:
On this /9 71 day of SC7T A.D., 2024 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared
Z9A4F_5 1207 LiAl6-- 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.
RUSSELL N. KIEFFER
Commission Number 778626
My Commission Expires
Ma 24, 2025
Notary Public In and For Said State
•
Prepared By: City of Dubuque Address: 50 West 13th St., Dubuque, IA 52001 Ph:563-589-4270
CITY OF DUBUQUE
EXHIBIT A - PERMANENT ACCESS AND MAINTENANCE EASEMENT
1024261012
COUNTY DUBUQUE PARCEL NO. 1024261013 JOB NO.
PROJECT GREEN ALLEY - SRF SECTION 24 TWP 89N RANGE 2E
ROW -FEE N/A EXIST. ROAD N/A PERM. EASEM'T SEE BELOW
LEGAL DESCRIPTION LOT 2 OF LOT 2 OF THE NORTH MIDDLE 1/5 AND THE NORTH 19.2' OF THE MIDDLE 1/5 AND THE
NORTH 8•-1" OF THE SOUTH MIDDLE 1/5 AND THE SOUTH 32' OF THE MIDDLE 1/5. ALL OF CITY LOT 435
OWNER MID-AMERICA PROPERTY MANAGEMENT, LLC
i .\?;•
Rod 1
\
\
\
IRON PIPE —
FOUND ON
NORTHERLY
LINE 0.57'
EASTERLY FROM
CORNER
\ \
EASTERLY
ALLEY
R.O.W.
PERMANENT ACCESS
AND MAINTENANCE
EASEMENT
1,439 SQ. FT., 0.033 AC
3?-
NOTES:
\
0
O��N�,`0o� 5 Or<
03,OFJNa0F��1i E00�
�(G LOB A34,55 00001
' NORTHERLY
LINE OF SAID
LOT 2-2
5s21"�
5b 00
2A'
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF
2. PROPRIETOR OF ABOVE DESCRIBED LOT: MIO-AMERICA PROPERTY MANAGEMENT, LLC
3. SURVEY REQUESTED BY: CITY OF DUBUQUE
4. TOTAL AREA OF PERIMETER SURVEYED IS 1,439 SQUARE FEET (0.033 ACRES)
5. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD
6. DATE OF SURVEY: 5-20-2024
O.
"P
O
OR
0' 15' 30'
SCALE 1" = 30' FEET
'OS 36
�M\D"CO 0015',E G\� 0(
I hereby certify that this land surveying document was prepared and
the related survey work was performed by me or under my direct
personal supervision and that 1 am a duly licensed Land
Surveyor under Me Was of Me Stets o(Iowa.
For the City of Dubuque
Russell N. Kieffer Iowa De. No. 18128
My license renewal date is December 31, 2024
Pages or 'Beata covered by this seat THIS PAGE ONLY
Date
N
OE `pp r, cp � � 43 i
�O�O�E115�1150
MCO�M\00� 1p0 AG
1N 65 50100001 ��
/ N l DES tN
• OF
M0� �115 OF
0
N
�., 3' eOkleVOt 43
CA SOUTHERLY
,0
LINE OF SAID
:(y NORTH 8'-1"
/
Atl ONES 0 rc
2A' NC"' 0 .`\ Q(g35
415 of �
5apo KOE O-CNM
•
R.O.W.
(100.00')
LEGEND
60'
FOUND 1" IRON PIPE
PROPOSED PERMANENT
EASEMENT AREA
RIGHT OF WAY
RECORD DIMENSION
PROPERTY LINE
CITY OF DUBUQUE
ENGINEERING DEPARTMENT
CITY HALL, 50 WEST 13th STREET
DUBUQUE, IA 52001-4884
PHONE (583) 589-4270 FAX (563) 5139-4205
Drew^ BY JJB 1 Approved By. RNK Data: 0T-25.24
LOT 2 OF LOT 2 OF THE NORTH MIDDLE 1/5 AND THE NORTH
19.2' OF THE MIDDLE 1/5 AND THE NORTH 8'-1" OF THE
SOUTH MIDDLE 1/5 AND THE SOUTH 32' OF THE MIDDLE I/O,
ALL OF CITY LOT 435
C.I.P. Number. 1 Shed Number. 1 of 4
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'" Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 306-24
ACCEPTING GRANTS OF EASEMENT FOR ACCESS AND MAINTENANCE ASSOCIATED
WITH THE 2024 SRF GREEN ALLEY PROJECT, IN THE CITY OF DUBUQUE, IOWA
Whereas, Phillip M. Brown has executed a Grant of Easement for Access and
Maintenance across Part of Lot 1 of Lot 2 of the North Middle 1/5 of City Lot 435, in the City of
Dubuque, Iowa; and
Whereas, Mid -America Property Management, LLC, has executed a Grant of Easement
for Access and Maintenance across Part of the Northerly 8 feet 1 inch of the South Middle 1/5,
and the Southerly 32' of the Middle 1/5, of City Lot 435, in the City of Dubuque, Iowa, and Part of
the North 19.2 feet of Middle one -fifth, and Lot 2 of Lot 2 of North Middle one -fifth, of City Lot 435,
in the City of Dubuque, Iowa; and
Whereas, Rider Lacey Block, LLC, has executed a Grant of Easement for Access and
Maintenance across Part of the South One -Fifth and the South 14 feet of the South Middle One -
Fifth of City Lot 440, 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 Grants of Easement for Access and Maintenance, across the properties as
listed above, in the City of Dubuque, Iowa from the property owners as listed above, copies of
which are 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. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this resolution with each said Grant of Easement for Access and Maintenance in
the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 7th day of October 2024.
Brad-M. nagh, Mayor
Attest:
Uu / -),;,2�
Adrienne N. Breitfelder, City Clerk
STATE OF IOWA
CERTIFICATE of thie 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. 306-24 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 October 2024.
Adrienne N. Breitfelder, City Clerk
Adrienne Breitfelder
From: Adrienne Breitfelder
Sent: Tuesday, October 8, 2024 1:46 PM
To: Kevin Dragotto; Troy Patzner
Subject: City of Dubuque - 2024 SRF Green Alley Project Resolution
Attachments: Resolution No. 306-24.pdf; Grants of Easement for Access and Maintenance as Part of
the 2024 SRF Green Alley Project.pdf
Hello Kevin and Troy,
Attached is a certified copy of City of Dubuque Resolution No. 306-24 Accepting Grants of Easement for
Access and Maintenance Associated with the 2024 SRF Green Alley Project, in the City of Dubuque, Iowa
and associated Grants of Easements.
Thank you,
Adrienne
Masterpiece on the Mississippi
Adrienne Breitfelder, CMC (she/her)
City Clerk I City of Dubuque
City Hall 150 W. 13th Street
Dubuque, Iowa 52001
0: 563-589-4121 I C: 563-581-6473
1