Grant of Public Utility Easement from McGuire Property AcceptanceCity of Dubuque
City Council
CONSENT ITEMS # 10.
Copyrighted
August 4, 2025
ITEM TITLE: Grant of Public Utility Easement from McGuire Property
Acceptance
SUMMARY: City Manager recommending acceptance of a Grant of
Easement for Public Utilities over Scott T. McGuire, as
Trustee of the Scott T. McGuire Trust Agreement dated
October 21, 2015; and Emily May McGuire, as Trustee of the
Emily May McGuire Trust Agreement dated October 21,
2015, Property at 1195 Arrowhead Drive, in Dubuque, Iowa
RESOLUTION Accepting a Grant of Easement for Public
Utilities Through, Over and Across Part of Lot 2-2-1-2-2-1 Of
Faldorf's Place, in the City of Dubuque, Iowa
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
1. MVM Memo
2. 1 cc memo mcguire public utility easement
3. 2 resolution accepting mcguire public utility easement
4. 3 mcguire grant of easment signed
Page 993 of 1311
THE CITY OF
Dubuque
DuBE
uFA�a9a av
Masterpiece on the Mississippi
rP PP
zoo�•*o 13
2017202019
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of a Grant of Easement for Public Utilities over Scott T.
McGuire, as Trustee of the Scott T. McGuire Trust Agreement dated
October 21, 2015; and Emily May McGuire, as Trustee of the Emily May
McGuire Trust Agreement dated October 21, 2015 Property at 1195
Arrowhead Drive, in Dubuque, Iowa
DATE: July 29, 2025
City Engineer Gus Psihoyos is recommending City Council adopt a resolution accepting
the Grant of Easement for Public Utilities from Scott T. McGuire, as Trustee of the Scott
T. McGuire Trust Agreement dated October 21, 2015; and Emily May McGuire, as
Trustee of the Emily May McGuire Trust Agreement dated October 21, 2015 (The
McGuires) across part of Lot 2-2-1-2-2-1 of Faldorf's Place, in the City of Dubuque,
Iowa, as shown on the attached Grant of Easement document to facilitate the future
maintenance or repair of the relocated public utility lines.
The McGuires are planning a building addition to their home at 1195 Arrowhead Drive.
Currently there are existing public utilities, including Alliant, Mediacom, Lumen, and
ImOn, in the area of the proposed building addition. In order to accommodate the
proposed addition, the utility companies have agreed to relocate their lines around the
southerly end of the proposed building. This relocation requires the McGuire's to grant
a new public utility easement over the new utility line alignment.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
/-� -� LT
k�4
Mic ael C. Van Milligen
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Page 994 of 1311
THE CITY OF
DUB TE
Masterpiece on the Mississippi
TO:
FROM:
Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer
DATE: July 29, 2025
Dubuque
All -America City
2007-2012.2013
2017*2019
RE: Acceptance of a Grant of Easement for Public Utilities over Scott T. McGuire, as
Trustee of the Scott T. McGuire Trust Agreement dated October 21, 2015; and
Emily May McGuire, as Trustee of the Emily May McGuire Trust Agreement dated
October 21, 2015 Property at 1195 Arrowhead Drive, in Dubuque, Iowa
INTRODUCTION
The purpose of this memorandum is to seek approval and acceptance of a Grant of Easement
for Public Utilities across Scott T. McGuire, as Trustee of the Scott T. McGuire Trust Agreement
dated October 21, 2015; and Emily May McGuire, as Trustee of the Emily May McGuire Trust
Agreement dated October 21, 2015 (the McGuires) property being part of Lot 2-2-1-2-2-1 of
Faldorf's Place, in the City of Dubuque, Iowa, common address 1195 Arrowhead Drive, in
Dubuque, Iowa.
BACKGROUND
The McGuires are planning a building addition to their home at 1195 Arrowhead Drive. Currently
there are existing public utilities, including Alliant, Mediacom, Lumen, and ImOn, in the area of
the proposed building addition. In order to accommodate the proposed addition, the utility
companies have agreed to relocate their lines around the southerly end of the proposed building.
This relocation requires the McGuire's to grant a new public utility easement over the new utility
line alignment.
DISCUSSION
In order to allow for future maintenance or repair of the relocated public utility lines, a formal
easement is being sought by the City. The utility easement will also allow for other future utility
extensions to serve area properties. Buesing and Associates has prepared the attached
easement exhibit and the McGuire's have executed the attached Grant of Utility Easement
document.
The McGuire's have requested the vacation of the former public utility easement which will be
addressed in future City Council meetings.
RECOMMENDATION
I recommend accepting the Grant of Easement for Public Utilities from Scott T. McGuire, as
Trustee of the Scott T. McGuire Trust Agreement dated October 21, 2015; and Emily May
Page 995 of 1311
McGuire, as Trustee of the Emily May McGuire Trust Agreement dated October 21, 2015 across
part of Lot 2-2-1-2-2-1 of Faldorf's Place, in the City of Dubuque, Iowa, as shown on the attached
Grant of Easement document to facilitate the future maintenance or repair of the relocated public
utility lines.
ACTION TO BE TAKEN
I respectfully request acceptance of the Grant of Easement for Public Utilities from Scott T.
McGuire, as Trustee of the Scott T. McGuire Trust Agreement dated October 21, 2015; and
Emily May McGuire, as Trustee of the Emily May McGuire Trust Agreement dated October 21,
2015 through the adoption of the enclosed resolution.
Prepared by Nate Kieffer, PE/PLS
cc: Rob McDonald, ROW Technician
2
Page 996 of 1311
Prepared by: Nate Kieffer. City of Dubuque, 50 W. 1V 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. 258-25
ACCEPTING A GRANT OF EASEMENT FOR PUBLIC UTILITIES THROUGH, OVER
AND ACROSS PART OF LOT 2-2-1-2-2-1 OF FALDORF'S PLACE, IN THE CITY OF
DUBUQUE, IOWA
Whereas, Scott T. McGuire, as Trustee of the Scott T. McGuire Trust Agreement
dated October 21, 2015; and Emily May McGuire, as Trustee of the Emily May McGuire
Trust Agreement dated October 21, 2015 have executed a Grant of Easement for Public
Utilities through, over and across part of Lot 2-2-1-2-2-1 of Faldorrs Place, 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 Public Utilities through, over, and
across part of Lot 2-2-1-2-2-1 of Faldorrs Place, in the City of Dubuque, Iowa, as shown
on the Grant of Easement for Public Utilities from Scott T. McGuire, as Trustee of the Scott
T. McGuire Trust Agreement dated October 21, 2015; and Emily May McGuire, as Trustee
of the Emily May McGuire Trust Agreement dated October 21, 2015, 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 Public Utilities with the Dubuque County Recorder.
Passed, approved and adopted this 41h day of August, 2025.
rad v nagh, Mayor
Attest:
Adrienne N. Breitfelder,VCity Clerk
Doc ID: 011390850005 Type: GEN
Kind: EASEMENT
Recorded: 08/05/2025 at 12:32:56 PM
Fee Amt: $27.00 Paqe 1 of 5
Dubuque County Iowa
Keith Lucy Recorder
File2025-00008222
Prepared by: Nate Kieffer City of Dubuque, 50 W. 1311 Street, Dubuque, Iowa 52001 (563)5894270
Return to: Nate Kieffer, City of Dubuque, 50 W. 1 V Street, Dubuque, Iowa 52001 (563)5894270
GRANT OF EASEMENT FOR PUBLIC UTILITIES
For and in consideration of Ten and 00/100's Dollars ($10.00) and other good
and valuable consideration, Scott T. McGuire, as Trustee of the Scott T. McGuire
Trust Agreement dated October 21, 2015; and Emily May McGuire, as Trustee of
the Emily May McGuire Trust Agreement dated October 21, 2015, ("Grantors")
do 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 2-2-1-2-2-1 OF FALDORF'S PLACE, 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. Said Permanent
Public Utility Easement shall be for the purpose of constructing and maintaining
public utilities, including water, gas, sewerage, drainage, electricity,
telecommunications, and other utilities as may be authorized by the City of
Dubuque, Iowa, and other appurtenances, along with the right, privilege and
authority to construct, reconstruct, maintain, operate, repair, patrol and remove
said improvements. Said Permanent Public Utility 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 public utilities and
other appurtenances.
Grantors shall not erect any structure over or within the Permanent 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
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 utilities
thereon or therein.
Dated at Dubuque, Iowa this day of 2025.
SCOTT T. MCGUIRE TRUST
AGREEMENT DATED
OCTOBER 21, 2015
By: �—�aiep
Scott T. McGuire, Trustee
EMILY MAY MCGUIRE TRUST
AGREEMENT DATED
OCTOBER 21, 2015
By: ce
Emily May McGuire, Trustee
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this � day of , A.D., 2025 before me, the undersigned,
a Notary Public in and for said ounty, in said State, personally appeared Scott
T. McGuire and Emily May McGuire, 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.
IFIRI C. WILLS Notary Public In and For Said State
_ Commission Number 815029
410 RM,
""cmission Expires
_
EXHIBIT "A"
PUBLIC UTILITY EASEMENT ACROSS
LOT 2-2-1-2-2-1 OF FALDORF'S PLACE,
IN THE CITY OF DUBUQUE, IOWA
iv ` \
Rp 20 '\
W � 8'�4.,
1,5000 v
EXISTING 10' WIDE �,
PUBLIC UTILITY ZZ,5,
EASEMENT
BOOK 23 PAGE 310
N /
/
`w
C9 ' N
%3
LOT 2 OF ^
/
MARILYNNE PLACE 3
IN INDIAN HILLS i
! r /
w / /
M /' r
co
Ir ,l
y /
PUBLIC UTILITY ADDITION / LOT 2 BLOCK 4 OF
/ / r INDIAN HILLS EXISTING 10' WIDE
EASEMENT r PUBLIC UTILITY
r / EASEMENT
PTE r EXISTING 8' WIDE BOOK 23 PA 1
11150
_ GE 3 0 /
ri PUBLIC UTILITY
_- -- ------ r EASEMENT
--- _ __r rr -- BOOK 23 PAGE 310 S 79'01'26" E -
r - -- ---- 14.24'(14.33')
U----------
0'1
W� N N , 8 135.6 7'(135.6 7')
Lj
w r
a a-
ujt �' ` _ LOT 2-2-1-2-2-1
CD � 04 OF FALDORF'S PLACE i
zJp n;N / t- F ^ ^
LBLOCK 4 OF
IAN HILLS
AGE 310 _
�M w -�
N m 21'+/— /
w O ^ ^ / —N
5' WIDE PUBLIC
UTILITY EASEMENT
PTE
Ni
10' WIDE PUBLIC
»—J
5'4350 £
` LOT 1-2-1-2-2-1
OF FALDORF'S PLACE
UTILITY EASEMENT
147 p5�
NI�
PTE
o
N
LOT 1-1-1-2-4 OF
l4r
MINERAL LOT 6
r
,N
N
n LOT 2-1-1-2-4 OF
N "
MINERAL LOT 6
�V 2
S 83'12'15" E
144.36'(1 q„4.85')
LEGEND
.
FOUND 1' IRON PIPE
(UNLESS OTHERWISE NOTED)
PROPERTY LINE
RIGHT OF WAY (ROW) LINE
- - -
- CENTERLINE
EXISTING BUILDING FOOTPRINT
- - - - - -
- PROPOSED ADDITION
--------------
EXISTING EASEMENT LINE
- - - - - -
- EASEMENT LINE
PTE
PER THIS EXHIBIT
( )
RECORD DIMENSION
W/AI
MATH ANGLE IRON
0' 15' 30' 60'
SCALE: 1" - 30,
NOTES
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
2. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD.
3.BEARING IS BASED FROM NAD83, ZONE 1401, IOWA NORTH COORDINATE SYSTEM.
4.OWNER & PROPRIETOR OF LOT 2-2-1-2-2-1 OF FALDORF'S PLACE:
SCOTT T. MCGUIRE, AS TRUSTEE OF THE SCOTT T. MCGUIRE TRUST AGREEMENT DATED OCTOBER 21, 2015 AND
EMILY MAY MCGUIRE, AS TRUSTEE OF THE EMILY MAY MCGUIRE TRUST AGREEMENT DATED OCTOBER 21, 2015,
AS TENANTS IN COMMON.
Prepared by: Nate Kieffer City of Dubuque 50 W. 13' Street Dubuque IA 52001 (563) 589-4270
Retum to: Adrienne N. Breitfelder. City Clerk City of Dubuque 50 W. 13"' Street Dubuque IA 52001 (563) 589-4121
RESOLUTION NO. 258-25
ACCEPTING A GRANT OF EASEMENT FOR PUBLIC UTILITIES THROUGH, OVER
AND ACROSS PART OF LOT 2-2-1-2-2-1 OF FALDORF'S PLACE, IN THE CITY OF
DUBUQUE, IOWA
Whereas, Scott T. McGuire, as Trustee of the Scott T. McGuire Trust Agreement
dated October 21, 2015; and Emily May McGuire, as Trustee of the Emily May McGuire
Trust Agreement dated October 21, 2015 have executed a Grant of Easement for Public
Utilities through, over and across part of Lot 2-2-1-2-2-1 of Faldorfs Place, 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 Public Utilities through, over, and
across part of Lot 2-2-1-2-2-1 of Faldorfs Place, in the City of Dubuque, Iowa, as shown
on the Grant of Easement for Public Utilities from Scott T. McGuire, as Trustee of the Scott
T. McGuire Trust Agreement dated October 21, 2015; and Emily May McGuire, as Trustee
of the Emily May McGuire Trust Agreement dated October 21, 2015, 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 Public Utilities with the Dubuque County Recorder.
Passed, approved and adopted this 411 day of August, 2025.
rad v nagh, 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. 258-25 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 5th day of August 2025.
W/410 Q, L&&
Adrienne N. Breitfelder, City Clerk