Acceptance of a Grant of Easement for Street Right of Way and Public Utilities over Francis T. McClain Property at 2019 Heeb StreetCity of Dubuque
City Council
CONSENT ITEMS # 5.
Copyrighted
March 17, 2025
ITEM TITLE: Acceptance of a Grant of Easement for Street Right of Way
and Public Utilities over Francis T. McClain Property at 2019
Heeb Street, Dubuque, Iowa
SUMMARY: City Manager recommending City Council accept the Grant of
Easement for Street Right of Way and Public Utilities from
Francis T. McClain across The Easterly 10' of the South 10'
of Lot 6, the Easterly 10' of Lot 7, and the Easterly 10' of the
Northerly 20' of Lot 8, in Marsh's Addition, 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 Easement For Street
Right Of Way And Public Utilities Through, Over And Across
The Easterly 10' Of The South 10' Of Lot 6, The Easterly 10'
Of Lot 7, And The Easterly 10' Of The Northerly 20' Of Lot 8,
In Marsh's Addition, In The City Of Dubuque, Iowa
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
1. MVM Memo
2. 1 cc memo mcclain heeb st row ease
3. 2 res accept mcclain heeb st row ease
4. 3 mcclain row easement signed
5. 4 mcclain easement cc area map
Page 365 of 848
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of a Grant of Easement for Street Right of Way and Public
Utilities over Francis T. McClain Property at 2019 Heeb Street, Dubuque,
Iowa
DATE: March 11, 2025
City Engineer Gus Psihoyos is recommending City Council accept the Grant of
Easement for Street Right of Way and Public Utilities from Francis T. McClain across
The Easterly 10' of the South 10' of Lot 6, the Easterly 10' of Lot 7, and the Easterly 10'
of the Northerly 20' of Lot 8, in Marsh's Addition, 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 City of Dubuque is currently planning a project to reconstruct a portion of Heeb
Street south of 22nd Street. The project will include replacement of streets and utilities
including lead water service line replacements. The existing Heeb Street pavement
terminates at the south end without a proper turn around or cul-de-sac. The current
project includes the addition of a modified cul-de-sac at this south end location to allow
for vehicles to turn around. The proposed modified cul-de-sac improvements lie
partially outside of the City's street right of way. The modified cul-de-sac improvements
will be located partially on private property owned by Mr. McClain.
In order to allow for the construction of the subject modified cul-de-sac improvements
and for the future maintenance or repair of said improvements, an easement is being
sought by the City. City Engineering Department staff have prepared the attached
easement exhibit and Francis T. McClain has executed the attached Grant of Easement
for Street Right of Way and Public Utilities document.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
k�4 S4-zn,_
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Page 366 of 848
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Jon Dienst, Civil Engineer II
Nate Kieffer, PLS
Page 367 of 848
THE CITY OF
DUB TE
Masterpiece on the Mississippi
TO:
FROM:
DATE:
RE:
Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer
March 4, 2025
Dubuque
All -America City
2007-2012.2013
2017*2019
Acceptance of a Grant of Easement for Street Right of Way and Public Utilities
over Francis T. McClain Property at 2019 Heeb Street, Dubuque, Iowa
INTRODUCTION
The purpose of this memorandum is to seek approval and acceptance of a Grant of Easement
for Street Right of Way and Public Utilities across Francis T. McClain property being the Easterly
10' of the South 10' of Lot 6, the Easterly 10' of Lot 7, and the Easterly 10' of the Northerly 20'
of Lot 8, in Marsh's Addition, in the City of Dubuque, Iowa, common address 2019 Heeb Street,
Dubuque, Iowa.
BACKGROUND
The City of Dubuque is currently planning a project to reconstruct a portion of Heeb Street south
of 22nd Street. The project will include replacement of streets and utilities including lead water
service line replacements. The existing Heeb Street pavement terminates at the south end
without a proper turn around or cul-de-sac. The current project includes the addition of a
modified cul-de-sac at this south end location to allow for vehicles to turn around. The proposed
modified cul-de-sac improvements lie partially outside of the City's street right of way. The
modified cul-de-sac improvements will be located partially on private property owned by Mr.
McClain.
DISCUSSION
In order to allow for the construction of the subject modified cul-de-sac improvements and for
the future maintenance or repair of said improvements, an easement is being sought by the City.
City Engineering Department staff have prepared the attached easement exhibit and Francis T.
McClain has executed the attached Grant of Easement for Street Right of Way and Public
Utilities document.
RECOMMENDATION
I recommend accepting the Grant of Easement for Street Right of Way and Public Utilities from
Francis T. McClain across The Easterly 10' of the South 10' of Lot 6, the Easterly 10' of Lot 7,
and the Easterly 10' of the Northerly 20' of Lot 8, in Marsh's Addition, 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 368 of 848
ACTION TO BE TAKEN
I respectfully request acceptance of the Grant of Easement for Street Right of Way and Public
Utilities from Francis T. McClain through the adoption of the enclosed resolution.
Prepared by Nate Kieffer, PLS
cc: Jon Dienst, Civil Engineer II
2
Page 369 of 848
Primed by: Nate Kieffer, City of Dubuque, 50 W. 1311 Street, Dubuque, IA 52001 (563) 589-4270
Return to: Adrienne N. Breitfelder, City Clerk, City of Dubuque 50 W. 131h Street, Dubuque IA 52001 (563) 589-4121
RESOLUTION NO. 92-25
ACCEPTING A GRANT OF EASEMENT FOR STREET RIGHT OF WAY AND PUBLIC
UTILITIES THROUGH, OVER AND ACROSS THE EASTERLY 10' OF THE SOUTH 10'
OF LOT 6, THE EASTERLY 10' OF LOT 7, AND THE EASTERLY 10' OF THE
NORTHERLY 20' OF LOT 8, IN MARSH'S ADDITION, IN THE CITY OF DUBUQUE,
IOWA
Whereas, Francis T. McClain has executed a Grant of Easement for Street Right
of Way and Public Utilities through, over and across The Easterly 10' of the South 10' of
Lot 6, the Easterly 10' of Lot 7, and the Easterly 10' of the Northerly 20' of Lot 8, in Marsh's
Addition, 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 Street Right of Way and Public Utilities
through, over and across The Easterly 10' of the South 10' of Lot 6, the Easterly 10' of Lot
7, and the Easterly 10' of the Northerly 20' of Lot 8, in Marsh's Addition, in the City of
Dubuque, Iowa, as shown on the Grant of Easement for Street Right of Way and Public
Utilities from Francis T. McClain, 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 Street Right of Way and Public Utilities with the
Dubuque County Recorder.
Passed, approved and adopted this 171" day of March, 2025.
Brad agh, Mayor
Attest:
Adrienne N. Breitfelder, City Clerk
Doc ID: 011334000005 Type: GEN
Kind: EASEMENT
Recorded: 03/18/2025 at 03:23:27 PM
Fee Amt: $27.00 Paqe 1 of 5
Dubuque County Iowa
Karol Kennedy Recorder
File2025-00002653
Prepared by: Nate Kieffer City of Dubuque 50 W. 131h Street Dubuque Iowa 52001 (563)589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 131' Street, Dubuque, Iowa 52001 (563)589-4270
GRANT OF EASEMENT FOR STREET RIGHT OF WAY AND PUBLIC
UTILITIES
For and in consideration of the Six Thousand Three and 00/100's Dollars
($6,003.00) and other good and valuable consideration, Francis T. McClain
("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:
The Easterly 10' of the South 10' of Lot 6, the Easterly 10' of Lot 7, and
the Easterly 10' of the Northerly 20' of Lot 8, in Marsh's Addition, 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 public street cul-de-sac and public 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 and occupy the temporary
easement area as shown on the attached Exhibit A 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 public street cul-de-
sac and utilities 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
P,�WC,Jy �v imer (Io 27'
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 street cul-
de-sac and utilities thereon or therein.
Dated at Dubuque, Iowa this day of �� G , 2025.
a
By:
raF ncis T. McClain
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this � day of (-G h �L rV A.D., 2025 before me, the undersigned,
a Notary Public in and for said Coqity, in said State, personally appeared
Francis T. McClain, 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.
46,
ROAc KERRY A BRADLEYNumber 808090ssion Expires .�„ber 26, 202s Notary Pu I c nand For Sai tate
Prepared By: City of Dubuque Address: 50 West 13th St., Dubuque, IA 52001 Ph:563-589-4270
CITY OF DUBUQUE
EXHIBIT A - PERMANENT STREET RIGHT-OF-WAY AND PUBLIC UTILITY
EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
COUNTY DUBUQUE PARCEL NO. 1024134049 JOB NO.
PROJECT SECTION 24 TWP 89N RANGE 2E
ROW -FEE NSA EXIST. ROAD NSA PERM. EASEM'T SEE BELOW
LEGAL DESCRIPTION THE SOUTH 10' OF LOT 6, LOT 7, AND LOT 8 IN MARSH'S ADDITION
OWNER FRANCIS T. MCCLAIN
PERMANENT STREET
RIGHT-OF-WAY AND
PUBLIC UTILITY
' \ EASEMENT
800 SQ. FT., 0.018 AC
NORTH LINE OF THE \
SOUTH LOT 6 /
OF MARSH'S
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N°RAN S S m0
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off' P�SNS POQ\�\ON OO
LY
O �0�� °FN� °° O WELLIINE
WEST�P� O STREET
TEMPORARY i �0
�N% CONSTRUCTION
1 EASEMENT \
2,400 SQ. FT., 0.055 AC
NORTH
OF MARSHE OF LOT 8
ADDITION Mp?-s /
LEGEND
PROPO® AND PUBLID PERMANENT STREET C C UTILITY EASEMENT AREA NORTH
NORTH
® PROPOSED TEMPORARY CONSTRUCTION
EASEMENT AREA
0' 10, 20' 40'
R.O.W. RIGHT OF WAY SCALE 1" = 20' FEET
UNDERLYING ORIGINAL
SUBDIVISION LINE
PROPERTY
LINE / R.O.W. LINE
NOTES:
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF
2. PROPRIETOR OF ABOVE DESCRIBED LOT: FRANCIS T. MCCLAIN
3. TOTAL AREA OF PERIMETER SURVEYED IS 3,200 SQUARE FEET (0.074 ACRES)
F:\PROJECTS\Heeb St Reconstruction\CAD FILES\2024 Boundary survey\Heeb McClain Esmtdwg
Prepared by: Nate Kieffer, City of Dubuque. 50 W. 13" Street, Dubuque IA 52001 (563) 5W4270
Return to: Adrienne N. Breitfelder. City Clerk City of Dubuque 50 W. 13" Street Dubuque IA 52001 (5031589-4121
RESOLUTION NO. 92-25
ACCEPTING A GRANT OF EASEMENT FOR STREET RIGHT OF WAY AND PUBLIC
UTILITIES THROUGH, OVER AND ACROSS THE EASTERLY 10' OF THE SOUTH 10'
OF LOT 6, THE EASTERLY 10' OF LOT 7, AND THE EASTERLY 10' OF THE
NORTHERLY 20' OF LOT 8, IN MARSH'S ADDITION, IN THE CITY OF DUBUQUE,
IOWA
Whereas, Francis T. McClain has executed a Grant of Easement for Street Right
of Way and Public Utilities through, over and across The Easterly 10' of the South 10' of
Lot 6, the Easterly 10' of Lot 7, and the Easterly 10' of the Northerly 20' of Lot 8, in Marsh's
Addition, 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 Street Right of Way and Public Utilities
through, over and across The Easterly 10' of the South 10' of Lot 6, the Easterly 10' of Lot
7, and the Easterly 10' of the Northerly 20' of Lot 8, in Marsh's Addition, in the City of
Dubuque, Iowa, as shown on the Grant of Easement for Street Right of Way and Public
Utilities from Francis T. McClain, 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 Street Right of Way and Public Utilities with the
Dubuque County Recorder.
Passed, approved and adopted this 17t' day of March, 2025.
13'rad agh, 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. 92-25 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 18t' day of March 2025.
Adrienne N. Breitfelder, City Clerk
THE CITY OF
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