Acceptance of a Storm Water Detention Basin and Berm Easement from Ehrlich Properties LLCCity of Dubuque
City Council
CONSENT ITEMS # 9.
Copyrighted
January 21, 2025
ITEM TITLE: Acceptance of a Storm Water Detention Basin and Berm
Easement from Ehrlich Properties, LLC over Lot 2-10 of
North Grandview Estates No. 2, in the City of Dubuque Iowa
SUMMARY: City Manager recommending City Council adopt a resolution
accepting the Grant of Storm Water Detention Basin and
Berm Easement through, over and across Part of Lot 2-10 of
North Grandview Estates No. 2, in the City of Dubuque Iowa,
as shown on the attached Plat of Survey of Plat of Survey off
Lot 1-10 and Lot 2-10 of North Grandview Estates No. 2, in
the City of Dubuque Iowa, recorded as Instrument Number
2024-00012271 in the Dubuque County Recorder's Office, to
facilitate the future ownership and maintenance of the south
detention basin facility in North Grandview Estates No. 2.
RESOLUTION Accepting A Grant Of Permanent Easement
For Storm Water Detention Basin And Berm, Over And
Across Part Of Lot 2-10 Of North Grandview Estates No. 2, In
The City Of Dubuque, Iowa
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
1. MVM Memo
2. 1 memo accept det pond ease nge
3. 2 resolution accept det pond ease nge
4. 3 plat to split lot 10 detention pond
Page 109 of 740
THE CITY OF
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of a Storm Water Detention Basin and Berm Easement from
Ehrlich Properties, LLC over Lot 2-10 of North Grandview Estates No. 2, in
the City of Dubuque Iowa
DATE: January 13, 2025
City Engineer Gus Psihoyos is recommending City Council adopt a resolution accepting
the Grant of Storm Water Detention Basin and Berm Easement through, over and
across Part of Lot 2-10 of North Grandview Estates No. 2, in the City of Dubuque Iowa,
as shown on the attached Plat of Survey of Plat of Survey off Lot 1-10 and Lot 2-10 of
North Grandview Estates No. 2, in the City of Dubuque Iowa, recorded as Instrument
Number 2024-00012271 in the Dubuque County Recorder's Office, to facilitate the
future ownership and maintenance of the south detention basin facility in North
Grandview Estates No. 2.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Y
Mic ael C. Van Milligen
►VA140►TAWA
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Nate Kieffer, PE, PLS
Luke Steger, Engineering Technician
Maxwell O'Brien, Civil Engineer II
Page 110 of 740
Dubuque
THE CITY OF
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TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Acceptance of a Storm Water Detention Basin and Berm Easement from Ehrlich
Properties, LLC over Lot 2-10 of North Grandview Estates No. 2, in the City of
Dubuque Iowa
DATE: January 9, 2025
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a Storm Water Detention Basin
and Berm Easement across Part of Lot 2-10 of North Grandview Estates No. 2, in the City of
Dubuque Iowa.
INTRODUCTION
The North Grandview Estates No. 2 subdivision includes two storm water detention basins
lying directly north and south of the residential property on 3067 North Grandview Avenue.
This residential property is owned by Jacob Palen (Palen Property). The two stormwater
detention basin facilities sit within lots that are still owned by the developer, Rich Ehrlich of
Ehrlich Properties LLC (Ehrlich). The two detention basin facilities and lots are to be dedicated
to the City for ownership and maintenance at a future time.
DISCUSSION
A recent garage addition to the Palen residence resulted in the garage encroaching on the
south detention basin lot owned by Ehrlich. The City and Ehrlich and Palen have agreed that
Ehrlich would convey a portion of the south detention basin lot to Palen to correct the
encroachment. The portion to be conveyed to Palen included part of the detention basin
facility and berm improvements. The conveyance to Palen would require a subdivision of the
south detention basin lot by plat of survey. Ehrlich has platted the lot division and on said plat
has dedicated an easement to the City over a portion of the lot to be conveyed to Palen. Said
easement is for the benefit of the City to eventually own and maintain the storm water
detention basin facility. The City will take ownership of the lots and facilities from Ehrlich once
the subdivision is 80% developed.
RECOMMENDATION
I recommend accepting the Grant of Storm Water Detention Basin and Berm Easement
through, over and across Part of Lot 2-10 of North Grandview Estates No. 2, in the City of
Dubuque Iowa, as shown on the attached Plat of Survey of Plat of Survey off Lot 1-10 and Lot
2-10 of North Grandview Estates No. 2, in the City of Dubuque Iowa, recorded as Instrument
Page 111 of 740
Number 2024-00012271 in the Dubuque County Recorder's Office, to facilitate the future
ownership and maintenance of the south detention basin facility in North Grandview Estates
No. 2.
ACTION TO BE TAKEN
I respectfully request acceptance of the Grant of Storm Water Detention Basin and Berm
Easement from Ehrlich Properties, LLC, via the attached resolution.
Prepared by Nate Kieffer, PE, PLS
cc: Luke Steger, Engineering Technician
Maxwell O'Brien, Water Resources Engineer
2
Page 112 of 740
Prepared byr Nate Kieffer City of Dubuque, 50 W. 13t' Street Dubuque, IA 52001 563 589-4270
Return to: 14 r _City Clerk, City of Dubuque 50 W. 13" Street Dubuque IA 52001 (563) 589-4270
RESOLUTION NO. 13-25
ACCEPTING A GRANT OF PERMANENT EASEMENT FOR STORM WATER
DETENTION BASIN AND BERM, OVER AND ACROSS PART OF LOT 2-10 OF NORTH
GRANDVIEW ESTATES NO. 2, IN THE CITY OF DUBUQUE, IOWA
Whereas, per the Plat of Survey off Lot 1-10 and Lot 2-10 of North Grandview
Estates No. 2, in the City of Dubuque Iowa, recorded as Instrument Number 2024-
00012271 in the Dubuque County Recorder's Office, Ehrlich Properties, LLC has
dedicated to the City of Dubuque a permanent Storm Water Detention Basin and Berm
Easement through, over and across Part of Lot 2-10 of North Grandview Estates No. 2, 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 permanent Grant of Storm Water Detention Basin and Berm
Easement through, over and across Part of Lot 2-10 of North Grandview Estates No. 2, in
the City of Dubuque, Iowa from Ehrlich Properties, 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. That the City Clerk be and is hereby authorized and directed to
record a certified copy of this resolution in the offices of the City Assessor, Dubuque
County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 21 st day of January, 2025.
Brad avanagh; Mayor
Attest:
Adrienne N. Breitfelder, City Clerk
Doc ID: 011314820002 Type: GEN
Kind: RESOLUTION
Recorded: 01/23/2025 at 10:07:59 AM
Fee Amt: $12.00 Paqe 1 of 2
Dubuque County Iowa
Karol Kennedy Recorder
File2025-00000774
Prepared b : Nate Kieffer City f Dubuque, 50 W. 13" Street Dubuque, IA 52001 563 589-427
Return to:Vro--+!' 6,r1_ rr City Clerk City of Dubuque, 50 W. 13" Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 13-25
ACCEPTING - A GRANT OF PERMANENT EASEMENT FOR STORM WATER
DETENTION BASIN AND BERM, OVER AND ACROSS PART OF LOT 2-10 OF NORTH
GRANDVIEW ESTATES NO. 2, IN THE CITY OF DUBUQUE, IOWA
Whereas, per the Plat of Survey off Lot 1-10 and Lot 2-10 of North Grandview
Estates No. 2, in the City of Dubuque Iowa, recorded as Instrument Number 2024-
00012271 in the Dubuque County Recorder's Office, Ehrlich Properties, LLC has
dedicated to the City of Dubuque a permanent Storm Water Detention Basin and Berm
Easement through, over and across Part of Lot 2-10 of North Grandview Estates No. 2, 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 permanent Grant of Storm Water Detention Basin and Berm
Easement through, over and across Part of Lot 2-10 of North Grandview Estates No. 2, in
the City of Dubuque, Iowa from Ehrlich Properties, 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 herevvith-
Section 3. That the City Clerk be and is hereby authorized and directed to
record a certified copy of this resolution in the offices of the City Assessor, Dubuque
County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 215' day of January, 2025.
Brad avanag , ayor
Attest: f�
Adrienne N. Breitfelder, City Clerk
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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.13-25 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 22"d day of January 2025.
Adrienne N. Breitfelder, City Clerk
4 v
Plat of Survey of:
LOT 1-10 & LOT 2-10 OF
NORTH GRANDVIEW ESTATES NO. 2
in the City of Dubuque, Iowa.
INDEX LEGEND
Location:
Lot 10 of North Grandview Estates No. 2
NW1/4 of Section 14, T89N, R2E (Dubuque TWP)
of the 5th P.M., Dubuque County, Iowa
Requestor:
Rick Ehrlich
Proprietor:
Ehrlich Properties LLC
10605 Rte 3, Dubuque, IA 52001
Surveyor:
Terry L. Koelker
Company.
Buesing & Associates, Inc.
1212 Locust St., Dubuque, IA 52001
Return To:
tlkoelker®buesing.com (563) 556-4389
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Doc ID: 011303990004 Type: GEN
Kind: SURVEY PLAT
Recorded: 12/20/2024 at 09:21:59 AM
Fee Amt: $22.00 Paqe 1 of 4
Dubuque County Iowa
Karol Kennedy Recorder
File2024-000122 / 1
PREPARED BY: BUESING & ASSOCIATES ADDRESS: 1212 LOCUST STREET,
DUBUQUE,IOWA 52001 PHONE: (563) 556-4389
THIS SURVEY IS COMPRISED OF.,
LOT 10 OF SURVEYED PERIMETER
LOT
NORTH GRANDVIEW ESTATES NO. 2 TOTAL AREA = 14,515 sf
IN THE CITY OF DUBUQUE, IOWA.
LOT 11
NORTH GRANDVIEW ESTATES NO. 2
S87°43'49"E 143.45' (143.38')
XTG I
ROOF I XTG
OVERHANG �I GARAGE
5.90' Q
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B
S87'43'49"E 142.82' PFR
DETAIL
LOT 11
NORTH GRANDVIEW ESTATES NO. 2
S87'43'49"E 1 3.45' (143.38')
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a7. � oervc�r
LOT 2-10
1431 SF
S87'43'49"E 142,82'
LINE DATA
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DRIVEWAY
PERMANENT EASEMENT
FOR STORM WATER
DETENTION BASIN
AND BERM
LINE
BEARING
DIST.
A
S 4'41'49'W
4.78'
B
S85'18'10°E
28.41'
C
N 4'41'49" E
4.38'
D
N89'23'06"E
17.81'
E
N69'39'05"E
1.85'
LOT 1-10
13,084 SF
(DETENTION BASIN)
N87'45'30"W 136.91' (136.85')
LOT 9
NORTH GRANDVIEW ESTATES NO. 2
p j NEB 19.69'/0
PER THIS PLAT
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LEGEND 3
• 5/8" REROD (FOUND)
(W/ ORANGE CAP STAMPED "15487")
® MAG NAIL (FOUND)
O 5/8" REROD (PLACED)
(W/ ORANGE CAP STAMPED "15487")
PROPERTY LINE „
SURVEYED PROPERTY LINE SCALE 1 = 30'
— — — — — — — EXISTING EASEMENT LINE
iaaiaaaiaaiaiaaaiaiuiauaii EXISTING GARAGE
ZZ,72��� DETENTION
EASEMENT
THIS PLAT) BY0' 30' 60'
( ) RECORD DIMENSION
ROW RIGHT OF WAY
SF SQUARE FEET NOTES
XTG EXISTING 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEROF.
SSE SANITARY SEWER EASEMENT 2. THIS PLAT IS SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD.
STE STORM SEWER EASEMENT 3. SEE FILE 2006-00010536 FOR THE FINAL PLAT OF NORTH GRANDVIEW ESTATES NO. 2.
\\\\\��11WIIIIIIIIIIIIp I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED DTHE RELATED SURVEY Y ME U ES I N G
O,. °"Do,S''ASSOCIATES INC.
���� OR MY PERSONAL SUPERVISION AND THAT RK WAS PERFORMED
MBA DULY
Lj�s oG.p 4 dNClNSd'RS AND SURVEYORS
• 20 G % LAND Y R UNDER THE LAWS OF JEST TE OFIOWA.
TERRY L 1212 LOCUST ST, DUBl10UE, IA
Uo oO _ V19Y 563 558-4389
�o KOELKER e A E TERRY L K ER (DATE) DRAWN BY: TPL CHECKED BY: TLK
• 15487 ° LICENSE NUMBER 15487 SURVEY DATE: 10/23/23 PLOT DATE: 4/9/
•O•000 °o•°O MY LICENSE RENEWAL DATE IS DECEMBER 31, 2025 DWG. NO. 18041-54 SCALE: AS NOTED
SHEETS COVERED BY THIS SEAL SHEETS 1 & 2 SHEET 1 OF 4
0 i�esi r1tTe2J24't3f 740
Sheet 2 of 4
Surveyor's Certificate
I, Terry L. Koelker, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that the
following real estate was surveyed and platted by me or under my direct personal supervision, To Wit:
Lot 10 of North Grandview Estates No. 2, in the City of Dubuque, Iowa.
This survey was performed for the purpose of subdividing and platting said real estate henceforth to be
known as LOT 1-10 & LOT 2-10 OF NORTH GRANDVIEW ESTATES NO. 2, in the City of Dubuque,
Iowa. The area of LOT 1-10 is 13,084 square feet, and the area of LOT 2-10 is 1431 square feet. All
Lot areas are more or less, and all Lots are subject to easements, reservations, restrictions, and rights -
of -way of record and not of record, the plat of which is attached hereto and made a part of this
certificate.
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 I am a duly licensed Land
Surveyor, under the laws of the State of Iowa.
BY: \✓
Terry L. el er
Licensed Land Surveyor
License No. 15487
'-/ Iq A S'
Date
License Renewal Date: 12/31/25
Page 115 of 740
Owner's Consent
Dubuque, Iowa
Sheet 3 of 4
1 2 / q 2024
The foregoing Plat of Survey of: LOT 1-10 & LOT 2-10 OF NORTH GRANDVIEW ESTATES NO. 2, in
the City of Dubuque, Iowa, is made with the free consent and in accordance with the desires of the
undersigned owners and proprietors of said real estate.
We hereby dedicate, to the City of Dubuque, a permanent easement for storm water detention basin
and berm, as shown on sheet 1 of 4 of this plat, for the purposes of constructing, maintaining, and
repairing a storm water detention basin and berm and appurtenances. 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.
The owner of Lot 2-10 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. The owner of Lot 2-10
and its successors and assigns shall not change the grade, elevation, and contour, or perform any
construction or excavation that will diminish the lateral support or integrity of said storm water detention
basin, berm and appurtenances in any part of the easement without obtaining the prior written consent
of the City Engineer.
EHRLICH PROPERTIES, LLC
Richard J. Ehrlich
State of Iowa )
County of Dubuque ) ss:
On this day ofAD 2024, before me, the undersigned, A Notary
Public in and for the State of Iowa, personally appeared Richard J. Ehrlich, to me personally known,
who, being duly sworn did say that he is President of Ehrlich Properties, LLC, and that this instrument
was signed on behalf of said corporation, by authority of its Board of Directors, and that said Richard J.
Ehrlich, acknowledged the execution of this instrument to be the voluntary act and deed of said
corporation by it voluntarily executed.
Witness my hand and Notarial Seal on the date above written.
. da�_O_" Udl� &�.1111tf
rotary Public in and for the State of Iowa
rJAj JESSALYN MARIE MCDERMOTT
Q Commission Number 779408
*� * M Com 'ssion fires
lOWA
Page 116 of 740
Sheet 4 of 4
City of Dubuque Planning Services
Dubuque, Iowa /:Z- , 2024
The foregoing Plat of Survey of: LOT 1-10 & LOT 2-10 OF NORTH GRANDVIEW ESTATES NO. 2, in
the City of Dubuque, Iowa, was reviewed and hereby approved by the City PI ner of the City of
Dubuque, Iowa. �
City Assessor's Certificate
Dubuque, Iowa
Dubug0e, IA
Jecei,, Zd, 2024
The foregoing Plat of Survey of: LOT 1-10 & LOT 2-10 OF NORTH GRANDVIEW ESTATES NO. 2, in
the City of Dubuque, Iowa, was entered of record in the Office of the City Assessor of the City of
Dubuque, Iowa, on the date first written above.
City As or of City o Dubuque, IA
County Auditor d < '��f►{; `
Dubuque, Iowa
The foregoing Plat of Survey of: LOT 1-10 & LOT 2-10 OF NORTH GRANDVIEWESTATES JVO. 2, in '
the City of Dubuque, Iowa, was entered of record in the office of the Dubuque County.%Auditorhhis
a0^^ day of C1-mbed , 2024.
�+.j..
County Aud or of Du uque, Iowa
Recorder's Certificate
Dubuque, Iowa
Dec.20 2024
The foregoing Plat of Survey of: LOT 1-10 & LOT 2-10 OF NORTH GRANDVIEW ESTATES NO. 2, in
the City of Dubuque, Iowa, has been reviewed by the Dubuque County Recorder.
DubuqjtueCoutnt�-Kecordert�.
117 of 740
1
Adrienne Breitfelder
From:Adrienne Breitfelder
Sent:Thursday, January 23, 2025 8:33 AM
To:Keith.lucy@dubuquecountyiowa.gov
Subject:Welcome and Dubuque City Council Resolution
Attachments:City of Dubuque Resolution No. 13-25.pdf
Hello Keith,
Welcome to your new role! I hope you’re settling in well. I’m reaching out to share one of the ways our
o ices work together. Following Dubuque City Council meetings, I will email you any legislation adopted
by the Council that requires a certified copy to be sent to your o ice. These are typically related to
easements or urban renewal areas and have historically been shared via email. I have attached a
certified copy of Resolution No. 13-25 Accepting A Grant Of Permanent Easement For Storm Water
Detention Basin And Berm, Over And Across Part Of Lot 2-10 Of North Grandview Estates No. 2, In The
City Of Dubuque, Iowa, that was adopted at Tuesday’s meeting.
If you ever have questions about the legislation or need anything further, I’d be happy to connect you with
the appropriate department.
Thank you,
Adrienne
Adrienne Breitfelder, CMC (she/her)
City Clerk | City of Dubuque
City Hall | 50 W. 13th Street
Dubuque, Iowa 52001
563-589-4121
1
Adrienne Breitfelder
From:Adrienne Breitfelder
Sent:Thursday, January 23, 2025 8:34 AM
To:Troy Patzner
Subject:City of Dubuque Resolution No. 13-25
Attachments:City of Dubuque Resolution No. 13-25.pdf
Good morning, Troy,
Attached is a certified copy of City of Dubuque Resolution No. 13-25 Accepting A Grant Of Permanent
Easement For Storm Water Detention Basin And Berm, Over And Across Part Of Lot 2-10 Of North
Grandview Estates No. 2, In The City Of Dubuque, Iowa.
Thank you,
Adrienne
Adrienne Breitfelder, CMC (she/her)
City Clerk | City of Dubuque
City Hall | 50 W. 13th Street
Dubuque, Iowa 52001
563-589-4121