Acceptance of a Grant of Easement for Water Main Utility over The Butler Children's Garden Foundation, Inc. property as part of the Wanderwood Gardens ProjectCity of Dubuque
City Council
CONSENT ITEMS # 6.
Copyrighted
March 17, 2025
ITEM TITLE: Acceptance of a Grant of Easement for Water Main Utility
over The Butler Children's Garden Foundation, Inc. property
in the City of Dubuque, Iowa as part of the Wanderwood
Gardens Project
SUMMARY: City Manager recommending City Council accept the Grant of
Easement for Water Main Utility from The Butler Children's
Garden Foundation, Inc. across Part of Lot 2 of Y-Camp
Place No. 3, in the City of Dubuque, Iowa, as shown on the
attached Grant of Easement document, to facilitate the
ownership and future maintenance of the public utility
improvements.
RESOLUTION Accepting A Grant Of Easement For Water
Main Utility Through, Over And Across Part Of Lot 2 Of Y-
Camp Place No. 3, In The City Of Dubuque, Iowa
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
1. MVM Memo
2. 1 cc memo butler child garden water main easement
3. 2 resolution accepting water main easement butler child garden
4. 3 Butler Children's Garden Water Main Utility Easement signed
Page 376 of 848
Dubuque
THE CITY OF
uFA�a9a av
DuBE
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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 Easement for Water Main Utility over The Butler
Children's Garden Foundation, Inc. property in the City of Dubuque, Iowa
as part of the Wanderwood Gardens Project
DATE: March 11, 2025
City Engineer Gus Psihoyos is recommending City Council accept the Grant of
Easement for Water Main Utility from The Butler Children's Garden Foundation, Inc.
across Part of Lot 2 of Y-Camp Place No. 3, in the City of Dubuque, Iowa, as shown on
the attached Grant of Easement document, to facilitate the ownership and future
maintenance of the public utility improvements.
Per the Development Agreement between the City of Dubuque and The Butler
Children's Garden Foundation, Inc., the developer was to construct a public water main
extension from the Dubuque Arboretum to serve the newly constructed Wanderwood
Gardens (aka Butler Children's Garden) facility adjacent to and north of the Dubuque
Arboretum. The Wanderwood Gardens property legal description is Lot 2 of Y-Camp
Place No. 3, in the City of Dubuque, Iowa.
To facilitate the ownership and future maintenance of the public utility improvements,
the project requires a permanent easement on The Butler Children's Garden
Foundation, Inc. property. The property owner has executed the attached grant of
easement document allowing the City to maintain, repair or replace the improvements in
the future.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
/-� -� LT
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Page 377 of 848
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Nate Kieffer, PLS
Chris Lester, Water Department Director
Jesse Bernhardt, GIS Specialist
2
Page 378 of 848
THE CITY OF
DUB TE
Masterpiece on the Mississippi
TO:
FROM:
17_1d=F
Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer
March 5, 2025
Dubuque
All -America City
2007-2012.2013
2017*2019
RE: Acceptance of a Grant of Easement for Water Main Utility over The Butler
Children's Garden Foundation, Inc. property in the City of Dubuque, Iowa as part
of the Wanderwood Gardens Project
INTRODUCTION
The purpose of this memorandum is to seek approval and acceptance of a Grant of Easement
for Water Main Utility across The Butler Children's Garden Foundation, Inc. property being part
of Lot 2 of Y-Camp Place No. 3, in the City of Dubuque, Iowa, in the City of Dubuque, Iowa as
part of the Wanderwood Gardens project north of the Dubuque Arboretum.
BACKGROUND
Per the Development Agreement between the City of Dubuque and The Butler Children's
Garden Foundation, Inc., the developer was to construct a public water main extension from the
Dubuque Arboretum to serve the newly constructed Wanderwood Gardens (aka Butler
Children's Garden) facility adjacent to and north of the Dubuque Arboretum. The Wanderwood
Gardens property legal description is Lot 2 of Y-Camp Place No. 3, in the City of Dubuque, Iowa.
DISCUSSION
To facilitate the ownership and future maintenance of the public utility improvements, the project
requires a permanent easement on The Butler Children's Garden Foundation, Inc. property. The
property owner has executed the attached grant of easement document allowing the City to
maintain, repair or replace the improvements in the future.
RECOMMENDATION
I recommend accepting the Grant of Easement for Water Main Utility from The Butler Children's
Garden Foundation, Inc. across Part of Lot 2 of Y-Camp Place No. 3, in the City of Dubuque,
Iowa, as shown on the attached Grant of Easement document, to facilitate the ownership and
future maintenance of the public utility improvements.
ACTION TO BE TAKEN
I respectfully request acceptance of the Grant of Easement for Water Main Utility from The Butler
Children's Garden Foundation, Inc. through the adoption of the enclosed resolution.
Prepared by Nate Kieffer, PLS
Page 379 of 848
cc: Chris Lester, Water Department Manager
Jesse Bernhardt, GIS Specialist
Page 380 of 848
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" Street Dubuque IA 52001 (563) 589-4121
RESOLUTION NO. 93-25
ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN UTILITY
THROUGH, OVER AND ACROSS PART OF LOT 2 OF Y-CAMP PLACE NO. 3,
IN THE CITY OF DUBUQUE, IOWA
Whereas, The Butler Children's Garden Foundation, Inc., has executed a
Grant of Easement for Water Main Utility through, over and across part of Lot 2 of
Y-Camp Place No. 3, 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 Water Main Utility
through, over and across part of Part of Lot 2 of Y-Camp Place No. 3, in the City
of Dubuque, Iowa as shown on the Grant of Easement for Water Main Utility, from
The Butler Children's Garden Foundation, Inc., 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 Water Main Utility with the Dubuque
County Recorder.
Passed, approved and adopted this 17th day of March, 2025.
Brad . vanagh, Mayor
A�tftt:
Adrienne N.
Breitfelder, City Clerk
Doc ID: 011334010005 Type: GEN
Kind: EASEMENT
Recorded: 03/18/2025 at 03:24:15 PM
Fee Amt: $27.00 Page 1 of 5
Dubuque County Iowa
Karol Kennedy Recorder
File2025-00002654
Prepared by: Nate Kieffer. City of Dubuoue, 50 W. 1311 Street Dubuque, Iowa 52001 (563)589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13"' Street, Dubuque, Iowa 52001 (563)589-4270
GRANT OF PERMANENT EASEMENT FOR WATER MAIN UTILITY
For and in consideration of the Ten and 00/100's ($10.00) and other good and
valuable consideration, the receipt whereof is hereby acknowledged, The Butler
Children's Garden Foundation, Inc. ("Grantor"), an Iowa non-profit corporation,
for themselves, their heirs and assigns, do hereby grant, sell and convey to the
CITY OF DUBUQUE, IOWA, ("Grantee"), 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 2 of Y-Camp Place No. 3, Dubuque County, 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 water main 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.
It is understood and agreed that the Grantee herein shall restore the disturbed
area to like conditions due to the construction, maintenance or repair of said
water main and 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.
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
W_ Or G94eer 0 2��
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 water main
utilities thereon or therein.
Dated at Dubuque, Iowa this H t'h _ day of , 2025.
THE BUTLER CHILDREN'S GARDEN
FOUNDA ION, INC.
By:
njrCui
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this L day of , A.D., 2025 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared
�cnv -j4k►- to me known to be the identical person(s) named in
and who executed the within and foregoing instrument on behalf of The Butler
Children's Garden Foundation, Inc., to which this is attached, and acknowledged
that they executed the same as their voluntary act and deed.
Notary Public lnhd For Said State
T rati A. Kelly
Iowa Notarial Seal
Commission # 165a 16p
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Prepared by: Nate Kieffer, City of Dubuque, 50 W. 131 Street, Dubuque. IA 52001 (563) SW4270
Retum to: Adrienne N. Breitfelder, City Clerk. City of Dubuque, 50 W. 13" Street, Dubuque, IA 52001 (5631 SN 4121
RESOLUTION NO. 93-25
ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN UTILITY
THROUGH, OVER AND ACROSS PART OF LOT 2 OF Y-CAMP PLACE NO. 3,
IN THE CITY OF DUBUQUE, IOWA
Whereas, The Butler Children's Garden Foundation, Inc., has executed a
Grant of Easement for Water Main Utility through, over and across part of Lot 2 of
Y-Camp Place No. 3, 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 Water Main Utility
through, over and across part of Part of Lot 2 of Y-Camp Place No. 3, in the City
of Dubuque, Iowa as shown on the Grant of Easement for Water Main Utility, from
The Butler Children's Garden Foundation, Inc., 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 Water Main Utility with the Dubuque
County Recorder.
Passed, approved and adopted this
171h day of March, 2025.
Brad vanagh, Mayor
Atte
st ,
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. 93-25 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