Acceptance of a Grant of Permanent Embankment Easement over Stephen C. John Living Trust 2091 Harpy Eagle CourtCity of Dubuque
City Council
CONSENT ITEMS # 5.
Copyrighted
October 21, 2024
ITEM TITLE: Acceptance of a Grant of Permanent Embankment Easement
over Stephen C. Johnson Living Trust Dated July 28th, 2023
Property at 2091 Harpy Eagle Court, Dubuque, Iowa
SUMMARY: City Manager recommends accepting the Grant of Permanent
Embankment Easement from Stephen C. Johnson Living
Trust Dated July 28th, 2023, across part of Lot 6 of Block 3 of
Eagle Valley Subdivision, in the City of Dubuque, Iowa, as
shown on the attached Grant of Easement document to
facilitate the future maintenance and repair of the
embankment improvements.
RESOLUTION Accepting a Grant of Permanent Embankment
Easement Through, Over and Across Part of Lot 6 of Block 3
of Eagle Valley Subdivision, in the City of Dubuque, Iowa
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
1. MVM Memo
2. 1 cc memo johnson eagle valley embank ease
3. 2 res accept johnson eagle valley embank ease
4. 3 johnson eagle valley embank ease signed
Page 140 of 1713
Dubuque
THE CITY OF
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Masterpiece on the Mississippi zoo�•*o
rP PP 2017202019
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of a Grant of Permanent Embankment Easement over
Stephen C. Johnson Living Trust Dated July 28th, 2023 Property at 2091
Harpy Eagle Court, Dubuque, Iowa
DATE: October 15, 2024
City Engineer Gus Psihoyos is accepting the Grant of Permanent Embankment
Easement from Stephen C. Johnson Living Trust Dated July 28'", 2023, across part of
Lot 6 of Block 3 of Eagle Valley Subdivision, in the City of Dubuque, Iowa, as shown on
the attached Grant of Easement document to facilitate the future maintenance and
repair of the embankment improvements.
The park property in the Eagle Valley Subdivision is currently accessed from Harpy
Eagle Court via an access easement thru private property. The design plans for the
proposed sidewalk improvements from Harpy Eagle Ct. to the park property include an
earthen embankment that is not located within the existing access easement. The
embankment improvement will be located on private property owned by the Stephen C.
Johnson Living Trust Dated July 28'", 2023.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Y
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
Marie Ware, Leisure Services Director
Stephen Fehsal, Park Division Manager
Page 141 of 1713
THE CITY OF
DUB TE
Masterpiece on the Mississippi
TO:
FROM:
17_1111 =F
Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer
October 9, 2024
Dubuque
All -America City
2007-2012.2013
2017*2019
RE: Acceptance of a Grant of Permanent Embankment Easement over Stephen C.
Johnson Living Trust Dated July 28t", 2023 Property at 2091 Harpy Eagle Court,
Dubuque, Iowa
INTRODUCTION
The purpose of this memorandum is to seek approval and acceptance of a Grant of Permanent
Embankment Easement across Stephen C. Johnson Living Trust Dated July 28t", 2023 property
being part Lot 6 of Block 3 of Eagle Valley Subdivision, in the City of Dubuque, Iowa, common
address 2091 Harpy Eagle Court, Dubuque, Iowa.
BACKGROUND
Earlier this year and per Resolution 121-24, the City Council approved the Eagle Valley,
Westbrook, and English Ridge Subdivision Parks Development construction projects. The City
Council has designated funding for the Eagle Valley, Westbrook, and English Ridge Subdivision
Parks projects. The community was engaged in the planning process and plans and
specifications have been prepared for the proposed park improvements.
The park property in the Eagle Valley Subdivision is currently accessed from Harpy Eagle Court
via an access easement thru private property. The design plans for the proposed sidewalk
improvements from Harpy Eagle Ct. to the park property include an earthen embankment that
is not located within the existing access easement. The embankment improvement will be
located on private property owned by the Stephen C. Johnson Living Trust Dated July 28t", 2023.
DISCUSSION
In order to allow for the construction of the subject sidewalk and embankment and for the future
maintenance or repair of said improvements, an easement is being sought by the City. WHKS
has prepared the attached easement exhibit and Stephen Johnson has executed the attached
Grant of Permanent Embankment Easement document.
RECOMMENDATION
I recommend accepting the Grant of Permanent Embankment Easement from Stephen C.
Johnson Living Trust Dated July 28t", 2023 across part of Lot 6 of Block 3 of Eagle Valley
Subdivision, in the City of Dubuque, Iowa, as shown on the attached Grant of Easement
document to facilitate the future maintenance and repair of the embankment improvements.
Page 142 of 1713
ACTION TO BE TAKEN
I respectfully request acceptance of the Grant of Permanent Embankment Easement from
Stephen C. Johnson Living Trust Dated July 28th, 2023 through the adoption of the enclosed
resolution.
Prepared by Nate Kieffer, PLS
cc: Marie Ware, Leisure Services Director
Stephen Fehsal, Park Division Manager
2
Page 143 of 1713
Prepared by: Nate Kieffer City of Dubuque 50 W. 13"' Street Dubuque IA 52001 (563) 589-4270
Return to: Adrienne N. Breitfelder, City Clerk City of Dubuque 50 W. 13" Street Dubuque IA 52001 (563) 589-4121
RESOLUTION NO. 325-24
ACCEPTING A GRANT OF PERMANENT EMBANKMENT EASEMENT
THROUGH, OVER AND ACROSS PART OF LOT 6 OF BLOCK 3 OF EAGLE
VALLEY SUBDIVISION, IN THE CITY OF DUBUQUE, IOWA
Whereas, Stephen C. Johnson Living Trust Dated July 281h, 2023, has
executed a Grant of Permanent Embankment Easement through, over and across
part of Lot 6 of Block 3 of Eagle Valley Subdivision, 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 Permanent Embankment
Easement through, over and across part of Lot 6 of Block 3 of Eagle Valley
Subdivision, in the City of Dubuque, Iowa, as shown on the Grant of Permanent
Embankment Easement from Stephen C. Johnson Living Trust Dated July 2811
2023, 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 Permanent Embankment Easement with the Dubuque
County Recorder.
Passed, approved and adopted this 21 st day of October, 2024.
Brad�alianagh, Mayor
Atte t:
�- „ �
Adrienne N. Breitfelcfer, City Clerk
Doc ID: 011282620005 Type: GEN
Kind: EASEMENT
Recorded: 10/24/2024 at 12:08:37 PM
Fee Amt: $27.00 Paqe 1 of 5
Dubuque County Iowa
Karol Kennedy Recorder
File2024-00010166
Prepared by: Nate Kieffer 50 W. 13th Street Dubuque Iowa 52001 (563-589-4270)
Return to: Nate Kieffer 50 W. 131h Street Dubuque Iowa 52001 (563-589-4270)
GRANT OF PERMANENT EMBANKMENT EASEMENT
For and in consideration of the sum of One Thousand Five Hundred Eleven and
46/100's ($1,511.46) and other good and valuable consideration, Stephen C.
Johnson, as Trustee of the Stephen C. Johnson Living Trust Date July 28th, 2023
("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 6 of Block 3 of Eagle Valley Subdivision, in the City of
Dubuque, Iowa, as shown on Exhibit A attached hereto and by reference
made a part hereof.
Said easement shall be as shown on the attached Easement Exhibit A, for the
purpose of constructing and maintaining an earthen embankment for lateral support
of a sidewalk as shown in the approved Improvements Plans on file with the City
Engineer (the Improvements), along with the right, privilege and authority to survey,
inspect, construct, reconstruct, alter, maintain, repair, replace, patrol and remove said
Improvements. Said easement shall also include the right to cut, trim or remove trees,
bushes and roots as may be required incident to rights given herein.
It is understood and agreed that the Grantee herein shall restore the disturbed area
due to the construction of the sidewalk improvements, and due to the construction,
maintenance or repair of said embankment improvements.
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, of any part of the
easement area without obtaining the prior written consent of the City Engineer.
Indemnification. Grantee shall defend, indemnify and hold harmless Grantor, its
officers, agents and employees from and against any claim and cost of any kind,
including without limitation, attorneys' fees and consulting fees, arising out any
surveying, inspection, construction, reconstruction, alteration, replacement,
maintenance, repair, patrol or removal of said Improvements.
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 embankment improvements thereon or
therein.
Dated at Dubuque, Iowa this I
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
day of d C fo , e r , 2024.
STEPHEN C. JOHNSON LIVING
TRUST DATED JULY 28TH, 2023
By:
Stephen C. JohnVon, Trustee
NOTARY PUBLIC
On this �h day of a A.D., 2024 before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Stephen C.
Johnson, 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.
E. *P'AL 8R KATHY L SKEMP
COMMISSION # 76593a Ota u lic In and or S id State
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RITLAND+KUIPER
LANDSCAPE ARCHITECTS
501 SYCAMORE STREET - MEZZ. A
WATERLOO, IOWA 50703
319-233-8090 www.ritiandkuiper.com
engineers + planners + land surveyors
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13"' Street Dubuque IA 52001 (563) 589-4270
Return to: Adrienne N. Breitfelder, City Clerk City of Dubuque 50 W. 13" Street Dubuque IA 52001 (563) 589-4121
RESOLUTION NO. 325-24
ACCEPTING A GRANT OF PERMANENT EMBANKMENT EASEMENT
THROUGH, OVER AND ACROSS PART OF LOT 6 OF BLOCK 3 OF EAGLE
VALLEY SUBDIVISION, IN THE CITY OF DUBUQUE, IOWA
Whereas, Stephen C. Johnson Living Trust Dated July 28th, 2023, has
executed a Grant of Permanent Embankment Easement through, over and across
part of Lot 6 of Block 3 of Eagle Valley Subdivision, 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 Permanent Embankment
Easement through, over and across part of Lot 6 of Block 3 of Eagle Valley
Subdivision, in the City of Dubuque, Iowa, as shown on the Grant of Permanent
Embankment Easement from Stephen C. Johnson Living Trust Dated July 28t",
2023, 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 Permanent Embankment Easement with the Dubuque
County Recorder.
Passed, approved and adopted this 21st day of October, 2024.
Brad anagh, Mayor
Atte t: j �,-
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. 325-24 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 23 day of October 2024.
Adrienne N. Breitfelder, City Clerk