Acceptance of Grant of Easement for Sanitary Sewer Utility and Sanitary Sewer Access across Switch Development at JFK, LLC and Atera 194, 3339 JFK Rd, Dubuque, LLC Property at JFK Rd. and West 32nd Street in Dubuque Copyrighted
June 2, 2025
City of Dubuque CONSENT ITEMS # 12.
City Council
ITEM TITLE: Acceptance of Grant of Easement for Sanitary Sewer Utility
and Sanitary Sewer Access across Switch Development at
JFK, LLC and Atera 194, 3339 JFK Rd, Dubuque, LLC
Property at JFK Rd. and West 32nd Street in Dubuque
SUMMARY: City Manager recommending City Council adopt the
resolution accepting the Grant of Easement for Sanitary
Sewer Utility and Sanitary Sewer Access Utility through,
under and Parts of Lot 1 and Lot 2 of Switch Development @
JFK No. 4, and Lot 2 of Switch Development @ JFK No. 2,
and Lot 1 of Switch Development @ JFK No. 3, in the City of
Dubuque, lowa, as shown on Exhibit A on the attached Grant
of Easement.
RESOLUTION Accepting A Grant Of Easement For Sanitary
Sewer Utility And Sanitary Sewer Access Through, Under
And Across Parts Of Lot 1 And Lot 2 Of Switch Development
@ JFK No. 4, And Lot 2 Of Switch Development @ JFK No.
2, And Lot 1 Of Switch Development @ JFK No. 3, In The
City Of Dubuque, lowa
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTAC H M ENTS:
1. MVM Memo
2. 1 memo accept ease switch jfk san sewer
3. 2 resolution accept ease switch jfk san sewer
4. 3 switch and aterra grant of san ease signed
5. 4 hardie san sewer grant ease cc area map
Page 534 of 2490
Dubuque
THE CITY QF �
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of Grant of Easement for Sanitary Sewer Utility and Sanitary
Sewer Access across Switch Development at JFK, LLC and Atera 194,
3339 JFK Rd, Dubuque, LLC Property at JFK Rd. and West 32nd Street in
Dubuque
DATE: May 27, 2025
City Engineer Gus Psihoyos is recommending City Council adopt the resolution
accepting the Grant of Easement for Sanitary Sewer Utility and Sanitary Sewer Access
Utility through, under and Parts of Lot 1 and Lot 2 of Switch Development @ JFK No. 4,
and Lot 2 of Switch Development @ JKF No. 2, and Lot 1 of Switch Development @
JFK No. 3, in the City of Dubuque, lowa, as shown on Exhibit A on the attached Grant
of Easement.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Page 535 of 2490
Dubuque
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TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Acceptance of Grant of Easement for Sanitary Sewer Utility and Sanitary
Sewer Access across Switch Development at JFK, LLC and Atera 194,
3339 JFK Rd, Dubuque, LLC Property at JFK Rd. and West 32nd Street in
Dubuque
DATE: May 13, 2025
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a grant of easement for
sanitary sewer utility and sanitary sewer access from Switch Development at JFK, LLC
and Atera 194, 3339 JFK Rd, Dubuque, LLC for a public sanitary sewer extension
across parts of Lot 1 and Lot 2 of Switch Development @ JFK No. 4, and Lot 2 of
Switch Development @ JKF No. 2, and Lot 1 of Switch Development @ JFK No. 3, in
the City of Dubuque, lowa.
BACKGROUND
Per the Development Agreement between the City of Dubuque and Switch
Development, LLC, approved by the City Council via Resolution 36-23, the developer
was to construct a public sanitary sewer extension serving two proposed commercial
lots on the south side of the intersection of West 32nd Street and JFK Road in Dubuque.
The public sanitary sewer extension was recently completed by the owner as per the
agreement. The new sanitary sewer construction has been inspected and approved by
Engineering Department staff. The City of Dubuque will own and maintain the public
sanitary sewer utility extension (see attached map).
Recently, Switch Development at JFK, LLC conveyed a portion of their property, being
said Lot 2 of Switch Development at JKF No. 2, to Atera 194, 3339 JFK Rd, Dubuque,
LLC.
DISCUSSION
The attached Grant of Easement shows the new sanitary sewer easement across Parts
of Lot 1 and Lot 2 of Switch Development @ JFK No. 4, and Lot 2 of Switch
Development @ JKF No. 2, and Lot 1 of Switch Development @ JFK No. 3, in the City
of Dubuque, lowa. Switch Development at JFK, LLC and Atera 194, 3339 JFK Rd,
Dubuque, LLC have executed the Grant of Easement which allows the City to own,
access, and maintain the sanitary sewer improvements. The easement has been
1
Page 536 of 2490
executed by the property owners and has been recorded in the Dubuque County
Recorder's Office as Document No. 2025-00004724. A copy of the recorded, fully
executed easement is attached.
RECOMMENDATION
I recommend accepting the Grant of Easement for Sanitary Sewer Utility and Sanitary
Sewer Access Utility through, under and Parts of Lot 1 and Lot 2 of Switch Development
@ JFK No. 4, and Lot 2 of Switch Development @ JKF No. 2, and Lot 1 of Switch
Development @ JFK No. 3, in the City of Dubuque, lowa, as shown on Exhibit A on the
attached Grant of Easement.
ACTION TO BE TAKEN
I respectfully request acceptance of the Grant of Easement for Sanitary Sewer Utility
and Sanitary Sewer Access from Switch Development at JFK, LLC and Atera 194, 3339
JFK Rd, Dubuque, LLC through the adoption of the enclosed resolution.
Prepared by Nate Kieffer, PLS
2
Page 537 of 2490
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. 185-25
ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY AND
SANITARY SEWER ACCESS THROUGH, UNDER AND ACROSS PARTS OF LOT 1
AND LOT 2 OF SWITCH DEVELOPMENT @ JFK NO. 4, AND LOT 2 OF SWITCH
DEVELOPMENT @ JFK NO. 2, AND LOT 1 OF SWITCH DEVELOPMENT @ JFK NO.
3, IN THE CITY OF DUBUQUE, IOWA
Whereas, per the Development Agreement between the City of Dubuque and
Switch Development at JFK, LLC, approved by the City Council via Resolution 36-23, the
parties wished to set forth terms for the extension of a proposed public sanitary sewer
utility located in Parts of Lot 1 and Lot 2 of Switch Development @ JFK No. 4, and Lot 2
of Switch Development @ JKF No. 2, and Lot 1 of Switch Development @ JFK No. 3, in
the City of Dubuque, Iowa; and
Whereas, per said agreement Switch Development at JFK, LLC was to dedicate
an easement to the City of Dubuque for the City's ownership and maintenance of the
sewer improvements; and
Whereas, Switch Development at JFK, LLC has conveyed said Lot 2 of Switch
Development at JKF No. 2 to Atera 194, 3339 JFK Rd, Dubuque, LLC; and
Whereas, Switch Development at JFK, LLC and Atera 194, 3339 JFK Rd,
Dubuque, LLC have executed a Grant Easement for Sanitary Sewer Utility and Sanitary
Sewer Access through, over and across Parts of Lot 1 and Lot 2 of Switch Development
@ JFK No. 4, and Lot 2 of Switch Development @ JKF No. 2, and Lot 1 of Switch
Development @ JFK No. 3, in the City of Dubuque, Iowa, said grant of easement has
been recorded in the Dubuque County Recorder's Office as Document No. 2025-
00004724.
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 Sanitary Sewer Utility and Sanitary
Sewer Access through, over and across Parts of Lot 1 and Lot 2 of Switch Development
@ JFK No. 4, and Lot 2 of Switch Development @ JKF No. 2, and Lot 1 of Switch
Development @ JFK No. 3, in the City of Dubuque, Iowa from Switch Development at
JKF, LLC, and Atera 194, 3339 JFK Rd, Dubuque, 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.
Passed, approved and adopted this 2nd day of June, 2025.
Bra Cavanagh, Mayor
Adrienne N. Breitfelder, City Clerk
iiiiiii iiiiii iii iiiii iiiii iiiii iiiii iiiii iiiii iiiii iiiii iiiii iiiii iiiii iiii iiii
Doc ID: 011355120005 Type: GEN
Kind: EASEMENT
Recorded: 05/09/2025 at 03:50:46 PM
Fee Amt: $27.00 Paqe 1 of 5
Dubuque County Iowa
Karol Kennedy Recorder
Fi1e2025-00004724
Preqared bv: Nate Kieffer, Citv of Dubuaue, 50 W. 13�'Street. Dubuaue. lowa 52001 (563)589-4270
Return to: Nate Kieffer,City of Dubuque, 50 W. 13"'Street, Dubuque, lowa 52001 (563)589-4270
GRANT OF EASEMENT FOR SANITARY SEWER UTILITY AND SANITARY
SEWER ACCESS
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, SWITCH DEVELOPMENT AT JFK, LLC, an lowa Limited Liability
Company, of Dubuque County, State of lowa, and Aterra 194, 3339 JFK RD,
DUBUQUE, LLC, an lowa Limited Liability Company, of Polk County, State of
lowa, ("Grantors"), 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, lowa, to wit:
Parts of Lot 1 and Lot 2 of Switch Development @ JFK No. 4, and Lot 2 of
Switch Development @ JKF No. 2, and Lot 1 of Switch Development @
JFK No. 3, in the City of Dubuque, lowa, 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
accessing, constructing, and maintaining a sanitary sewer utility 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 due to the construction, maintenance or repair of said sanitary sewer and
appurtenances.
Grantors shall not erect any structure over or within the easement area without
obtaining the prior written approval of the City Engineer. Grantors shall not
change the grade, elevation, and contour or perform any construction or
2100
� �U�s��e 540 of 24J0
excavation that will diminish the lateral support or integrity of said improvements
without obtaining the prior written consent of the City Engineer.
Grantors agree that any future improvements placed within said easement by
Grantors, and their heirs and assigns, excluding turf grass and existing driveways
and pavements, may be removed and not replaced by the City of Dubuque in the
process of maintaining, repairing or reconstructing the sanitary sewer main utility.
City of Dubuque will not be responsible for the replacement, repair, or relocation
of any future improvements, besides turf grass and existing driveways and
pavements, that encroach in the proposed easement.
To have and to hold unto the said City of Dubuque, lowa, 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 sanitary sewer
utility thereon or therein.
Dated at Dubuque, lowa this��' day of���, 2025.
Page 541 of 2490
SWITCH DEVELOPMENT AT
JFK, LLC
By: �'�,����,�--
Matthew M I gan, Manager
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this �S� day of r�i� , A.D., 2025 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared
1�110.�-he,w �u.11•qa.r� 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.
t�.������'.a.,QrP�.
_�� AUDREYRGOTTSCHALK Notary Pu ic In and For Said State
Commission Number 867757
*,6;j'1:* My Commission Expires
�ow� �'c�.r,, 13,2,a2q
Page 542 of 2490
ATERRA 194, 3339 JFK RD,
DUBUQUE, LLC
By:
Br Norwood, V.P. of
Estate
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF POLK, SS:
.
On this � day of �' 1 , A.D., 2025 before me, the undersigned,
�Nota Public in a d or �id County, in said State, personally appeared
���'��v�'s=��, vTrt� ���i 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.
./
4 ROBERT D.ANDEWEG ry P lic In and For Said State
� F co��ission N���a
Z�-'1
Page 543 of 2490
Prepared By:City of Dubuque Address:50 West 13th St., Dubuque, IA 52001 Ph:563-589-4270
CITY OF DUBUQUE
EXHIBIT A - PERMANENT SANITARY SEWER UTILITY EASEMENT
AND PERMANENT SANITARY SEWER ACCESS EASEMENT
1016276003
COUNTY DUBUQUE PARCEL NO. 101620300� JOB NO.
PROJECT . SECTION 16 TWP 89N RANGE 2E
ROW-FEE N1A EXIST. ROAD N�A PERM. EASEM'T SEE BELOW
LOT 2 OF SWITCH L E @ JFK NO.2,LOT 1 OF SWITCH DEVECdP1aEf1�-
LEGAL DESCRIPTION CtD JFK NO.3.AND LOT�AND LOT 2 OF SWITCH DEVELOPMENT(�JFK NO.4
OWNER SWITCH DEVELOPMENT AT JFK LLC AND ATERRA 194,3339 JFK RD,DUBUQUE,LlC
.,� �s rR��'F�R
� F REBAR '0'3�(7p)w �i�T O��
/ NORTHEA T 3rJ AR/FS�
CORNER OF
� LOT 2
SWITCH
DEVELOPMENT �
@ JFK NO.2 �
� `
I �N Np 3 5.d.��S�N )F�N�6 52 58'S(52�.58')'
`O�10o M��N@�0�261� � �o�J�ooG M�N@ Zo2�' 20' CENTERLINE
��E VM I �Ft PROPOSED
PE��� / e 10' �O' EA EMENT
PERMANENT SANITARY
I SEWER ACCESS EASEMENT Nos°os�as°E
I OF LOT�NE 7;744 SQ. FT., 0.178 AC 12�.�2
OF SWITCH A
@ JFK NO 3 NT � 223.611 31 E o 0 ,o�Q��N @�F`�N�.
O O���p M
I EAST LINE
OF LOT 2
OF SWITCH
�O�,�NP�� I CPROPOSED DEVELOPMENT
� o @JFK NO.2
20'WIDE
y�N` j EASEMENT
��Ev�� O 2°' / pERMANENT SANITARY I REBARWITH
S�g CAP 12631
SEWER UTILITY EASEMENT
� NO3°s8�5s°w 2,985 SQ. FT., 0.069 AC _ _
97.83' O . —
i /� ��� p,A �
�20�SM�NN��FKN
10' �,0�����P / 21��� nj2
N18°02'01"W Q i �(� �
41.38' O �A6� �P��Sl
� o o � �� l32 `P�� �P��
I � 16��„�32 �,�l��\O�(�
N6A N� �o�.
l
� �1�3 LEGEN D
. � PROPOSED PERMANENT SANITARY
� � SEWER UTILITY EASEMENT AREA
� PROPOSED PERMANENT SANITARY NORTH
SOUTHWEST SEWER ACCESS EASEMENT AREA
CORNER OF � FOUND MONUMENT AS NOTED
LOT 1
SWITCH 0' 30' 60' 120'
DEVELOPMENT R,Q,W, RIGHT OF WAY
@ JFK NO.3 SCALE 1"=60'FEET
FND.5/8" (100.00') RECORD DIMENSION
REBAR WITH
YELLOW — — PROPERTY
4016 CAP LINE/R.O.W.LINE
_ CENTERLINE PROPOSED
EASEMENT LINE CITY OF DUBUQUE
ENGINEERING DEPARTMENT
NOTES: CITY MALL, 50 WEST�3th STREET
DUBUQUE,IA 52007-4864
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF pF{ONE (563)589-4270 FAX (563)589-420s
2. PROPRIETOR OF ABOVE DESCRIBED LOT:SWITCH DEVELOPMENT AT JFK,LLC
3. SURVEY RE�UESTED BY:CITY OF DUBU�UE D�awn ey. JJB Appioved By: RNK Date: 32625
4. TOTAL AREA OF PERIMETER SURVEYED IS 10,729 SQUARE FEE7(0.247 ACRES) LOT 2 OF SWITCH DEVELOPMENT @ JFK NO.2,LOT
5. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD � OF SWITCH DEVELOPMENT @ JFK NO.3,AND LOT
6. DATE OF SURVEY:10-4-2024
1 AND LOT 2 OF SWITCH DEVELOPMENT @ JFK NO
4 IN THE CITY OF DUBUQUE,IOWA
F:�PROIECTSVFK and 32nd Street Intersection Signalization\Treffic Signal Improvementz\SAN AND STORM EASEMENTS\Drawings\Switch Dev storm and san esmts.dwg
Page 544 of 2490
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Page 545 of 2490