Acceptance of Grant of Easement for Sanitary Sewer Utility across Molo Oil Company Property at 150 Cedar Cross Road in DubuqueCity of Dubuque
City Council
Cd91Z6*1=1zkikI=1►yi1-1110
Copyrighted
October 6, 2025
ITEM TITLE: Acceptance of Grant of Easement for Sanitary Sewer Utility
across Molo Oil Company Property at 150 Cedar Cross Road
in Dubuque
SUMMARY: City Manager recommending City Council accept a grant of
easement for sanitary sewer utility from Molo Oil Company
for a public sanitary sewer extension across Part of Lot 1-2 of
Mineral Lot 230 and Lot 1-3-3 of Mineral Lot 231, in the City
of Dubuque, Iowa, as part of the adjacent Joel Callahan
(CC15, LLC) apartment complex development on Cedar
Cross Road.
RESOLUTION Accepting A Grant Of Easement For Sanitary
Sewer Utility Through, Under, And Across Part Of Lot 1-2 Of
Mineral Lot 230 And Lot 1-3-3 Of Mineral Lot 231, In The City
Of Dubuque, Iowa
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
1. MVM Memo
2. 1 memo accept ease molo san sewer
3. 2 resolution accept ease molo san sewer
4. 3 molo san easement signed
5. 4 CC AREA MAP MOLO EASEMENT
Page 167 of 1264
THE CITY OF
Dubuque
DUB TEE
All -America City
Masterpiece on the Mississippi
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13
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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 across Molo
Oil Company Property at 150 Cedar Cross Road in Dubuque
DATE: September 29, 2025
City Engineer Gus Psihoyos is recommending City Council accept a grant of easement
for sanitary sewer utility from Molo Oil Company for a public sanitary sewer extension
across Part of Lot 1-2 of Mineral Lot 230 and Lot 1-3-3 of Mineral Lot 231, in the City of
Dubuque, Iowa, as part of the adjacent Joel Callahan (CC15, LLC) apartment complex
development on Cedar Cross Road.
The attached Grant of Easement shows the new sanitary sewer easement across Part
of Lot 1-2 of Mineral Lot 230 and Lot 1-3-3 of Mineral Lot 231, in the City of Dubuque,
Iowa. Molo Oil Company has executed the Grant of Easement which allows the City to
own, access, and maintain the sanitary sewer improvements. The easement has been
executed by the property owner. A copy of the executed easement is attached.
Once constructed, inspected and approved, the City of Dubuque will own and maintain
the public sanitary sewer utility extension.
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
Nate Kieffer, PE/PLS
Page 168 of 1264
THE CITY OF
Dubuque
DUB E
III-Aneriea MW
.��1 «K I II�r
Masterpiece on the Mississippi
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13
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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 across Molo
Oil Company Property at 150 Cedar Cross Road in Dubuque
DATE: September 23, 2025
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a grant of easement for
sanitary sewer utility from Molo Oil Company for a public sanitary sewer extension
across Part of Lot 1-2 of Mineral Lot 230 and Lot 1-3-3 of Mineral Lot 231, in the City of
Dubuque, Iowa, as part of the adjacent Joel Callahan (CC15, LLC) apartment complex
development on Cedar Cross Road.
BACKGROUND
Per the Development Agreement between the City of Dubuque and CC15, LLC,
approved by the City Council via Resolution 175-25, the parties wished to set forth
terms for the extension of a proposed public sanitary sewer utility thru parts of Lot 1-2 of
Mineral Lot 230 and Lot 1-3-3 of Mineral Lot 231 (Molo Oil Company Property), in the
City of Dubuque, Iowa. Per said agreement CC15, LLC was to acquire, for the City of
Dubuque, a public sanitary sewer utility easement through the Molo Oil Company
Property for the City's ownership and maintenance of the public sanitary sewer
extension improvements.
DISCUSSION
The attached Grant of Easement shows the new sanitary sewer easement across Part
of Lot 1-2 of Mineral Lot 230 and Lot 1-3-3 of Mineral Lot 231, in the City of Dubuque,
Iowa. Molo Oil Company has executed the Grant of Easement which allows the City to
own, access, and maintain the sanitary sewer improvements. The easement has been
executed by the property owner. A copy of the executed easement is attached.
Once constructed, inspected and approved, the City of Dubuque will own and maintain
the public sanitary sewer utility extension.
CC15, LLC will be granting the City a similar easement for the portion of the sewer
extension over CC15, LLC property at a future date.
1
Page 169 of 1264
RECOMMENDATION
I recommend accepting the Grant of Easement for Sanitary Sewer Utility through, under
and Part of Lot 1-2 of Mineral Lot 230 and Lot 1-3-3 of Mineral Lot 231, in the City of
Dubuque, Iowa, 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
from Molo Oil Company through the adoption of the enclosed resolution.
Prepared by Nate Kieffer, PE/PLS
I
Page 170 of 1264
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'h Street Dubuque IA 52001 (563) 589-4270
RESOLUTION NO. 312-25
ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY THROUGH,
UNDER, AND ACROSS PART OF LOT 1-2 OF MINERAL LOT 230 AND LOT 1-3-3 OF
MINERAL LOT 231, IN THE CITY OF DUBUQUE, IOWA
Whereas, per the Development Agreement between the City of Dubuque and
CC15, LLC, approved by the City Council via Resolution 175-25, the parties wished to set
forth terms for the extension of a proposed public sanitary sewer utility thru parts of Lot
1-2 of Mineral Lot 230 and Lot 1-3-3 of Mineral Lot 231 (Moto Oil Company Property), in
the City of Dubuque, Iowa; and
Whereas, per said agreement CC15, LLC was to acquire for the City of Dubuque a
public sanitary sewer utility easement through the Molo Oil Company Property for the
City's ownership and maintenance of the public sanitary sewer extension improvements;
and
Whereas, Molo Oil Company has executed a Grant Easement for Sanitary Sewer
Utility through, over and across Part of Lot 1-2 of Mineral Lot 230 and Lot 1-3-3 of Mineral
Lot 231, 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 Sanitary Sewer Utility through, over
and across Part of Lot 1-2 of Mineral Lot 230 and Lot 1-3-3 of Mineral Lot 231, in the City
of Dubuque, Iowa, in the City of Dubuque, Iowa from Molo Oil Company 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 6th day of October, 2025.
Bra avanagh, Mayor
Attest:
Trish L. Gleason, Assistant City Clerk
Doc ID: 011417190006 Type: GEN
Kind: EASEMENT
Recorded: 10/07/2025 at 04:28:28 PM
Fee Amt: $32.00 Paqe 1 of 6
Dubuque County Iowa
Ann E. Sweeney Recorder
File2025-00010811
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 1311 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 SANITARY SEWER UTILITY
For and in consideration of the Ten and 00/100's Dollars ($10.00) and other good
and valuable consideration, the receipt whereof is hereby acknowledged, MOLO
OIL COMPANY, ("Grantor"), of Dubuque County, State of Iowa, 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 1-2 of Mineral Lot 230 and Lot 1-3-3 of Mineral Lot 231, 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 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.
Together with the right to enter upon said property 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 sanitary sewer 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.
& C I t l?- ►1 � i ►'l2A.Y3a 0 D
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 sanitary sewer
utility thereon or therein.
Dated at Dubuque, Iowa this day of A414JIt , 2025.
MOLO OIL COMPANY
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
. • Pre"sident
On this U day of , A.D., 2025 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared
qrk. )o 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 volunta act and deed.
WENDY EINSWEILER Notary blic In and For Said State
i Commission Number 860676
My commission Expires
/ow►, L l -2s - 2S
Index Legend
Location:
LOT 2-2 MINERAL LOT 211A
LOT 1-3-3 MINERAL LOT 231 AND
LOT 1-2 MINERAL LOT 230
IN THE CITY OF DUBUQUE
DUBUQUE COUNTY, IOWA
Proprietor:
MOLD OIL COMPANY 123 SPOUTHERN AVENUE
Requestor:
JOEL CALLAHAN
Surveyor:
DANIEL L. MARTI
Surveyor
ORIGIN DESIGN CO., 137 MAIN STREET
Company.
DUBUQUE, IOWA 52001
PHONE: (563)556-2464
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Prepared by: Nate Kieffer City of Dubuque 50 W. 13"' Street Dubuque IA 52001 (563) 589-4270
Retum to: Nate Kieffer. City of Dubuque 50 W. 131" Street Dubuque !A 52001 (563) 589-4270
RESOLUTION NO. 312-25
ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY THROUGH,
UNDER, AND ACROSS PART OF LOT 1-2 OF MINERAL LOT 230 AND LOT 1-3-3 OF
MINERAL LOT 231, IN THE CITY OF DUBUQUE, IOWA
Whereas, per the Development Agreement between the City of Dubuque and
CC15, LLC, approved by the City Council via Resolution 175-25, the parties wished to set
forth terms for the extension of a proposed public sanitary sewer utility thru parts of Lot
1-2 of Mineral Lot 230 and Lot 1-3-3 of Mineral Lot 231 (Moto Oil Company Property), in
the City of Dubuque, Iowa; and
Whereas, per said agreement CC15, LLC was to acquire for the City of Dubuque a
public sanitary sewer utility easement through the Molo Oil Company Property for the
City's ownership and maintenance of the public sanitary sewer extension improvements;
and
Whereas, Molo Oil Company has executed a Grant Easement for Sanitary Sewer
Utility through, over and across Part of Lot 1-2 of Mineral Lot 230 and Lot 1-3-3 of Mineral
Lot 231, 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 Sanitary Sewer Utility through, over
and across Part of Lot 1-2 of Mineral Lot 230 and Lot 1-3-3 of Mineral Lot 231, in the City
of Dubuque, Iowa, in the City of Dubuque, Iowa from Molo Oil Company 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 6th day of October, 2025.
i
Bra . avanagh, Mayor
Attest:
Trish L. Gleason, Assistant 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. 312-25 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 7"' day of October 2025.
0 F
01
Adrienne N. Breitfelder, City Clerk