Plat of Survey of Stockel AcresCity of Dubuque
City Council
CONSENT ITEMS # 12.
Copyrighted
December 15, 2025
ITEM TITLE: Plat of Survey of Stockel Acres
SUMMARY: Zoning Advisory Commission recommending City Council
approve the Final Plat of Stockel Acres subject to waiving the
lot frontage requirement for Lot 2.
RESOLUTION Approving The Final Plat Of Stockel Acres, In
The City Of Dubuque, Iowa
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
1. ZAC Ltr to CC
2. Application (Ron Breitbach)
3. Application (Stockel)
4. Vicinity Map
5. Final Plat Stockel Acres
6. Certificate Sheets
7. Staff Memo
8. Resolution
9. Access Agreement (Ron Breitbach)
Page 290 of 1019
THE COF
Dubuque
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December 4, 2025
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13t" Street
Dubuque IA 52001
Applicant: Peg and Tim Stockel
Location: Clay Hill Road, PIN 1008200004
Description: Final Plat of Stockel Acres
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above -cited request.
The application, staff report and related materials are attached for your review.
INTRODUCTION
This memorandum transmits the Final Plat of Stockel Acres, a resolution, and related
materials for City Council review and approval.
DISCUSSION
Ron Breitbach, 16543 Herod Lane, spoke on behalf of the application. He stated that he
is planning to purchase seven acres from the Stockel's at the north end of his property
because his driving range customers have been hitting golf balls past the property line,
so he would like to get the golf balls on his property.
Staff detailed the staff report noting that the submitted Plat of Survey of Stockel Acres is
a Simple Subdivision which will subdivide off the southern seven acres and convey them
to Mr. Breitbach. Staff stated that Lot 2 will not have street frontage, so that requirement
needs to be waived. Staff explained that an access easement has been included on the
plat. Mr. Breitbach noted that the access is to the west from Herod Lane.
Commissioners had no questions or concerns.
RECOMMENDATION
By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council
approve the Final Plat of Stockel Acres subject to waiving the lot frontage requirement for
Lot 2
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Page 291 of 1019
Final Plat of Stockel Acres
Page 2
�O/Z �
Matthew Mulligan,.Ch irperson
Zonina Advisory Commission
Attachments
Page 292 of 1019
Dubuque
THE COF
City of Dubuque
M�iaaq
Planning Services Department
DtUB
1III'1Dubuque,
IA 845
E
3-589-4210 Phone: 563-589-4210
2007-2012401)
Masterpiece on the Mississippi 2017*2019
Fax: 563-589-4221
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APPLICATION
FORM
Zoning Advisory
Zoning Board of
Development Services
Historic Preservation Commission
Commission
Adiustment
❑ Annexation
El Demolition
❑ Amended PUD
❑ Conditional Use Permit
❑ Limited Setback Waiver
❑ Historic Revolving Loan
❑ Rezoning/PUD/ID
❑ Special Exception
❑ Site Plan Simple
❑ Certificate of Economic Non -Viability
❑ Text Amendment
❑ Variance
❑ Site Plan Minor
❑ Design Review Certificate of
® Simple Subdivision
❑ Appeal
❑ Site Plan Major
Appropriateness
❑ Preliminary Plat
❑ Simple Subdivision
❑ Advisory Design Review (Public
❑ Major Final Plat
❑ Temporary Use Permit
Projects)
❑ Minor Final Plat
❑ Port of Dubuque/
❑ Historic Designation:
❑ Waiver from Site
Chaplain Schmitt Island
Design Standards
Design Review
applicablePlease complete the
..
A. Property Information
Site Location/Address: PIN 10-08-200-004 - Clay Hill Road
Legal Description/Parcel ID#/Subdivision: PIN 10-08-200-004
Existing Zoning: County proposed Zoning: County Site Area (square feet/acres):
Historic District: N/A
3,275,470 sq. ft./ 75 acres
Landmark: ❑ Yes ® No
B. Describe proposal and reason for application (attach a letter of explanation, if necessary):
Simple subdivision requesting a waiver of the bulk regulations for Lot 2 which does not have frontage on a
public street or approved private street.
C. Applicant/Agent Information
Name: /���
Address: /l°
State:—��Zip: Ski D. Property Ovuner(s) Information
Name(s):
Address:
State: Zip:
Email:
Email:
c--
E. Certification: I/we, the undersigned, do hereby certify/acknowledge that:
Phone:
City: e
Phone:
City:
1. Payment does not guarantee approval and fees are nonrefundable;
2. All additional required written and graphic materials are attached;
3. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive
covenants; and
4. The information submi herein is true and correct to the best of my/our knowledge and upon submittal becomes
public record.
Applicant/Agent: / Date:
Property Owner(s):
FOR OFFICE USE ONLY
Date:
Fee $510 Ck# ❑CC ❑Cash Received by__ __ Date__
a�
Page 293 of 1019
Dubuque
TI IE CIOF City of Dubuque
ft Planning Services Department
845
DtUB E ,1111.` Dubuque, IA 3-589-4210
Phone:563-589-4210
Fax: 563-589-4221
2007.2.ot2.2ox3 planning @cityofdubuque org
Master -piece on the MiSSiSSippi 2017*2019
Zoning Advisory
Zoning Board of
Development Services
Historic Preservation Commission
Commission
Adjustment
❑ Annexation
❑ Demolition
❑ Amended PUD
❑ Conditional Use Permit
❑ Limited Setback Waiver
❑ Historic Revolving Loan
❑ Rezoning/PUD/ID
❑ Special Exception
❑ Site Plan Simple
❑ Certificate of Economic Non -Viability
❑ Text Amendment
❑ Variance
❑ Site Plan Minor
❑ Design Review Certificate of
® Simple Subdivision
❑ Appeal
❑ Site Plan Major
Appropriateness
❑ Preliminary Plat
❑ Simple Subdivision
❑ Advisory Design Review (Public
❑ Major Final Plat
❑ Temporary Use Permit
Projects)
❑ Minor Final Plat
❑ Port of Dubuque/
❑ Historic Designation:
❑ Waiver from Site
Chaplain Schmitt Island
Design Standards
Design Review
applicableplease complete the
below...
A. Property Information
Site Location/Address
PIN 10-08-200-004 - Clay Hill Road
Legal Description/Parcel ID#/Subdivision;
C t
Existing Zoning: oun y Proposed Zoning
Historic District: N/A
1' l f1 11�
County Site Area (square feet/acres):
3,275,470 sq. ftJ 75 acres
Landmark: ❑ Yes ® No
B. Describe proposal and reason for application (attach a letter of explanation, if necessary):
Simple subdivision requesting a waiver of the bulk regulations for Lot 2 which does not have frontage on a
nuhlic street or aDDroved private street.
C. Applicant/Agent Information
Name:
Address:
State: Zip:
Email:
Phone:
City:
D. Property Owner(s) Information -43
Name(s): ® ® Phone:
Address: b./
/i /� ✓i City: y� 5
State: '. Zip
<-Z a --L_
Email:® ��y ��- �®-�pe.►� ��s
E. Certification: I/we, the undersigned, do hereby certify/acknowledge that:
1. Payment does not guarantee approval and fees are nonrefundable;
2. All additional required written and graphic materials are attached;
3. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive
covenants; and
4. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes
public record.
Applicant/Agent:
Date:
Fee $510 Ck# ❑CC ❑Cash Received by Date
Page 294 of 1019
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ONE
RECORDER'S INDEX
LOCATION: LOT 2 IN THE EAST HALF OF THE
NORTHEAST QUARTER OF SECTION B.
TOWNSHIP 89 NORTH, RANGE 2 EAST OF
THE 5th P.M., DUBUQUE COUNTY, IOWA
REQUESTOR: TIMOTHY W. STOCKEL
PROPRIETOR: TIMOTHY W. STOCKEL
AND PEGGY J. STOCKEL
SURVEYOR: DAVID P. SCHNEIDER
SURVEYOR SCHNEIDER LAND SURVEYING
COMPANY: AND PLANNING,INC.
RETURN TO: DAVID P. SCHNEIDER
P.O.BOX 128 FARLEY,IOWA
Ph#563-744-3631 daves@yousq.net
FINAL PLAT
STOCKEL ACRES, DUBUQUE COUNTY, IOWA
LOT 2 IN THE EAST HALF OF THE NORTHEAST QUARTER
OF SECTION 8, TOWNSHIP 89 NORTH, RANGE 2 EAST
OF THE 5th P.M., DUBUQUE COUNTY, IOWA
TOTAL AREA
76.30 ACRES TOTAL
—0.68 ACRES ROAD
75.62 ACRES NET
SURVEY
DESCRIPTION -
STOCKEL ACRES.
DUBUQUE COUNTY. IOWA
LOT 2
IN THE EAST HALF
OF THE NORTHEAST
QUARTER OF SECTION 8.
TOWNSHIP
89 NORTH, RANGE 2
EAST OF THE 5th
P.M., DUBUQUE COUNTY. IOWA
I hereby certify that this land surveying document was
SCHNEIDER
0j�!��
prepared and the related survey work was performed
dIr c ersonal supervision and that
Land Surveying
LAND
by me or under my
j—aam -a•.duly licensed a d S veyor under the laws of
6
9�
th State of
Planning, Inc.
6 DAVID P. < /
SCHNEIDER -
—
_
P.O. Box 128
Farley. Iowa 52046
J P14417 =
/'�LZ607s
Ph# 563-744-3631
%\\�
daves@yousq.net
Dav' P. Schne' er L.S. P14417 [date:
IOIIWIIA`\\\\\\\\\\�����
My license renewal date is December 31, 2025.
Date:5A
Survey Date:10/22/202
Survey
Pages or sheets covered by this seal: SHEETS 1 AND 2
Sheet: 1 of 8
Page 296 of 1019
' LOT 1-2, E1/2, SE1/4,
REC . AS: NB9 '
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68.62 ACRES NET
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E1/2, NE1/4,
SEC.8, T89N, R2E
NOTE:
LOT 2 OF STOCKEL ACRES, DUBUQUE COUNTY,
IOWA, WILL HAVE ACCESS TO DERBY GRANGE
ROAD ACROSS LOT 1 OF LOT 1 OF LOT 1
OF LOT 1 IN THE NORTHEAST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 8,
TOWNSHIP 89 NORTH, RANGE 2 EAST OF
THE 5th P.M., DUBUQUE COUNTY, IOWA
SW CORNER
SE1/4, NE1/4,
SEC . 8, T89N, R2E co
FOUND 1/2" REBAR
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N88°57'01"E
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LOT 5
DERBY GRANGE
SUBDIVISION NO.5
S88'5B'51"W 1335.40'
LOT 2
7.00 ACRES
REC.AS: 1006.91'
NBB'56'28"E
1006.60'
S88'56'01"W 1329°99,
-FOUND 5/8"
REBAR LOT 1-1-1-1
NE1/4, SE1/4,
SEC.8, T89N, R2E
S46°10'50"
22.24'
NE CORNER----*'
SE1/4, NE1/4,
SEC . 8, T89N, R2E
SET 1/2" REBAR
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S00'36' 13"E-
52.52'
FINAL PLAT
STOCKEL ACRES, DUBUQUE COUNTY, IOWA
LOT 2 IN THE EAST HALF OF THE NORTHEAST QUARTER
CO
OF SECTION 8, TOWNSHIP 89 NORTH, RANGE 2 EAST
OF THE 5th P.M., DUBUQUE COUNTY, IOWA
ry m
LL7
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FOUND 5/8"
REBAR w/
YELLO CAP
#2435 (TYP . )
LOT 6
SHAGBARK
E1/4 CORNER EsrarEs
SEC . 8, T89N, R2E
FOUND STANDARD
CONC. MONUMENT
SCHNEIDER
Land Surveying
Planning. Inc.
P.O. Box 128
Farleyy Iowa 52046
56 Ph# 3-744-3631
daves@yousq.net
Pro' ect: 3025
Survey Date:10/22/20;
Sheet: 2 of 8
Page 297 of 1019
Sheet 3 of 8
, Iowa
OWNER'S CONSENT
The foregoing plat of Stockel Acres, Dubuque County, Iowa, is made with the free consent and in
accordance with the desires of the undersigned owners and proprietors of said real estate.
Timothy W. Stockel
Peggy J. Stockel
State of Iowa )
) ss:
County of Dubuque )
12025
On this day of , 2025, before me, a Notary Public in and for said State,
personally appeared Timothy W. Stockel and Peggy J. Stockel, to me personally known, who being by me
duly affirmed did say that they said, Timothy W. Stockel and Peggy J. Stockel, acknowledged the execution
of said instrument to be their voluntary act and voluntarily executed.
Notary Public in the State of Iowa
My Commission Expires
Page 298 of 1019
Sheet 4 of 8
MORTGAGE HOLDER'S ACKNOWLEDGMENT
The undersigned for of
State of Iowa do hereby certify that the attached plat of Stockel Acres, Dubuque County, Iowa, is made
with our free consent and in accordance with our desire as lien holder and mortgagee of the premises
described herein.
Bank
President
State of Iowa )
) ss:
County of Dubuque )
City
On this day of 20_, before me, the undersigned, a Notary Public in and for
said State, personally appeared and to me personally
known, who being by me duly sworn, did say that they are the , and
respectively, of the corporation executing the within and foregoing instrument; that
the seal affixed thereto is the seal of the corporation; that the instrument was signed and sealed on behalf of
the corporation by authority of its Board of Directors; and that and
as officers acknowledged the execution of the foregoing instrument to be the
voluntary act and deed of the corporation, by it and by them voluntarily executed.
Notary Public in the State of Iowa
My Commission Expires
DUBUQUE COUNTY TREASURER
Dubuque, Iowa
, 20_
I, the undersigned, , Treasurer of Dubuque County, Iowa, do hereby certify that all
taxes and special assessments levied against Stockel Acres, Dubuque County, Iowa, have been paid and
said real estate is free and clear of all taxes as of this date.
County Treasurer of Dubuque County, Iowa
Page 299 of 1019
Sheet 5 of 8
ATTORNEY'S OPINION
I, , a practicing attorney at law in (city)
Dubuque County, Iowa have examined the abstract of title to the land included within Stockel Acres,
Dubuque County, Iowa, said abstract has been prepared in its entirety by the
Abstract and Title Company, and was last certified to by said company on the
day of , 20 , at the hour of o'clock —
M.
My examination of said abstract shows good and merchantable title on the date and hour of certification to
be in Timothy W. Stockel and Peggy J. Stockel. Dated at Iowa in said County,
this day of , 20_
Signature Attorney at Law
Name (printed
Address
Phone number
Page 300 of 1019
Sheet 6 of 8
COUNTY ASSESSOR
Dubuque, Iowa
The forgoing plat was reviewed in the office of the Dubuque County Assessor this day of
, 2025.
County Assessor of Dubuque County, Iowa
COUNTY ENGINEER
Dubuque, Iowa
2025
I, , the Dubuque County Engineer, have received and examined the foregoing
plat of Stockel Acres, Dubuque County, Iowa, for compliance with the Dubuque County Engineering
regulations and have found said plat to be acceptable.
County Engineer of Dubuque County, Iowa
DUBUQUE COUNTY BOARD OF HEALTH
Dubuque, Iowa
2025
The forgoing plat of Stockel Acres, Dubuque County, Iowa, is hereby approved by the Dubuque County
Board of Health and approval of said plat by the Dubuque County Board of Supervisors is hereby
recommended.
Dubuque County Board of Health
COUNTY PLATS OFFICER
Dubuque, Iowa 2025
I, , the Dubuque County Plats Officer, have received and examined the
foregoing plat of Stockel Acres, Dubuque County, Iowa, for compliance with the Dubuque County Platting
and Subdivision regulations and have found said plat to be acceptable.
County Plats Officer of Dubuque County, Iowa
Page 301 of 1019
Sheet 7 of 8
DUBUQUE COUNTY PLANNING AND ZONING
Dubuque, Iowa
, 2025
The forgoing plat of Stockel Acres, Dubuque County, Iowa, is hereby approved by the Dubuque County
Planning and Zoning Commission and approval of said plat by the County Board of Supervisors is hereby
recommended.
Dubuque County Planning & Zoning Commission
Chairperson
DUBUQUE COUNTY BOARD OF SUPERVISORS
Dubuque, Iowa 120
The Dubuque County Board of Supervisors of the County of Dubuque, Iowa, do hereby certify that the
foregoing plat of Stockel Acres, Dubuque County, Iowa, has been filed in the office of the County Board of
Supervisors and that by Resolution No. the Dubuque County Board of Supervisors have
reviewed and approved said plat.
Chairperson
Attest
Dubuque County Auditor
COUNTY AUDITOR
Dubuque, Iowa
The forgoing plat was entered of record in the office of the Dubuque County Auditor this day of
, 20 . We approve of the subdivision name or title to be recorded.
County Auditor of Dubuque County, Iowa
COUNTY RECORDER
Dubuque, Iowa
The forgoing plat has been received by the Dubuque County Recorder this day of
,20
County Recorder of Dubuque County, Iowa
Page 302 of 1019
Sheet 8 of 8
CITY OF DUBUQUE ZONING ADVISORY COMMISSION
Dubuque, Iowa 20
The foregoing plat of the Stockel Acres, Dubuque County, Iowa, being within the 2-mile jurisdiction of
the corporate limits of the City of Dubuque is hereby approved by the City of Dubuque Zoning Advisory
Commission and approval of said plat by the City Council of the City of Dubuque, Dubuque County, Iowa
is here by recommended.
City of Dubuque Zoning Advisory Commission
Chairperson /
CITY COUNCIL APPROVING PLAT
Dubuque, Iowa
�eCernke(- )( ,20)1)
The undersigned, Brad M. Cavanagh, Mayor and Adrienne N. Breitfelder, Clerk of the City of Dubuque,
Dubuque County, Iowa do hereby certify that the foregoing plat of Stockel Acres, Dubuque County, Iowa,
as appears heretofore has been filed in the Office of the City Clerk of Dubuque, Iowa, and that by Resolution
No. :5 3�- `� the Dubuque City Council approved said plat.
Brad Ml Ca ayor
Adrienne N. Breitfelder- C6 Clerk
State of Iowa )
) ss:
County of Dubuque )
On this Lv day ofmV�cl 20,? before me, a Notary Public in and for the State of
Iowa, personally appeared Brad M. Cavanagh and Adrienne N. Breitfelder, to me personally known, and
who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of
Dubuque, Iowa; that the seal affixed to the foregoing instrument is the Corporate seal of the City of
Dubuque, Iowa, and that said instrument was signed and sealed on behalf of the said City of Dubuque,
Iowa, by authority of the City Council of said city, and the said Brad M. Cavanagh and Adrienne N.
Breitfelder acknowledged the execution of said instrument to be the voluntary act and deed of said City
of Dubuque, Iowa, by it voluntarily executed.
ILo Public �in and 4 the State of Iowa
=r* L% TUSDEE LYNN BLUS My Commission Expires
Commission Number 942479
,oM� My Comm. Exp. r�
THE C
DUUB*FEI
Masterpiece on the Mississippi
TO: Zoning Advisory Commission
FROM: Shena Moon, Associate Planner
DATE: November 25, 2025
SUBJECT: Final Plat of Stockel Acres
Dubuque
AII•Meriea City
2007-2012.2013
2017*2019
INTRODUCTION
The Final Plat of Stockel Acres is located in Dubuque County just north of Derby Grange
Golf & Recreation (PIN 1008200004). The property is being subdivided with the intention
of conveying a 7-acre parcel to the Derby Grange Golf and Recreation facility.
Pursuant to the Unified Development Code (UDC), the proposed subdivision is classified
as a Simple Subdivision' and requires a waiver of bulk regulations and therefore requires
review by the Zoning Advisory Commission.
DISCUSSION
The submitted Final Plat of Stockel Acres proposes to subdivide an approximately
75-acre property located in Dubuque County (PIN 1008200004). The property is located
within two -miles of the City of Dubuque corporate limits and as such is subject to city
review.
The Final Plat of Stockel Acres proposes to subdivide one (1) existing lot into two (2) lots.
The following is a description of the proposed lots:
■ Lots 1 would total approximately 70 acres and would continue to be used as
agricultural land.
Lot 2 would total 7 acres in area. This lot is planned to be conveyed to the property
owner to the south for the expansion of the existing Derby Grange Golf &
Recreation facility. Access to this lot would be granted by way of an access
easement across the lot located directly to the south (Lot 1 of Lot 1 of Lot 1 of Lot
1 in the Northeast Quarter of the Southeast Quarter of Section 8, Township 89
North, Range 2 East of the 5t" P.M., Dubuque County, Iowa).
Lot 1 would have frontage on Clay Hill Road, a public road bordering the northeast side
of the lot. Lot 2 would not have frontage on a public or private street; however, this lot
would be accessed by way of an access easement across the lot located directly south
of Lot 2 (PIN 1008428001). A private access easement document has been recorded with
the Dubuque County Assessor, and the easement document number is noted on the
proposed subdivision plat.
UDC Chapter 16-11-6 defines a Simple Subdivision as "Any subdivision or consolidation of property in
which no new streets, public or private, are proposed, which does not require the construction of any public
improvements, and which creates fewer than three (3) lots."
Page 304 of 1019
Final Plat of Stockel Acres
Page 305 of 1019
Final Plat of Stockel Acres
Page 306 of 1019
Final Plat of Stockel Acres
Pursuant to the Unified Development Code (UDC) Chapter 11-14, all lots must have
frontage on a public street or private street. Lot 2 will not have frontage on a public or
private street. Therefore, the applicant is requesting a waiver of the requirement for
frontage on a public or private street for Lot 2.
The UDC categorizes the proposed plat as a Simple Subdivision. Pursuant to UDC
Chapter 11-14, the Zoning Advisory Commission and City Council are the reviewing
authorities for Simple Subdivisions which require a waiver of bulk regulations. The Zoning
Advisory Commission shall review the plat to determine whether it is in substantial
conformance with the Unified Development Code.
RECOMMENDATION
Planning staff requests that the Zoning Advisory Commission review the Final Plat of
Stockel Acres and recommends approval of the subdivision plat subject to waiving the
requirement for frontage on a public or private street for Lot 2.
Attachments
CI
Page 307 of 1019
Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 131h St (563) 589-4210
Return to: Adrienne Breitfelder, City Clerk Address: City Hall, 50 West 13th St (563) 589-4121
RESOLUTION NO. 387 - 25
A RESOLUTION APPROVING THE FINAL PLAT OF STOCKEL ACRES,
IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Final Plat of Stockel Acres in
the City of Dubuque, Iowa; and
Whereas, said Final Plat has been examined by the Zoning Advisory Commission
and its approval has been endorsed thereon; and
Whereas, said Final Plat has been examined by the City Council and they find that
it conforms to the statues and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Section 11-14(B) of Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, is waived regarding required lot frontage on a
private or public street for Lot 2 of the Final Plat of Stockel Acres.
Section 2. That the Final Plat of Stockel Acres, in the City of Dubuque, Iowa is
hereby approved, and the Mayor and City Clerk are hereby authorized and directed to
endorse the approval of the City of Dubuque, Iowa upon said Final Plat.
Passed, approved and adopted this 15th day of December 2025.
By:
Bra avanagh, Mayor
ATTEST:
By: � &� �-V4-
Adrienne N. Breitfelder, City Clerk
Number: 202500013004
Recorded: 12/2/2025 at 9:59:35.0 AM
County Recording Fee: $27.00
Iowa E-Filing Fee: $3.00
Combined Fee: $30.00
Revenue Tax: $0.00
Ann E. Sweeney RECORDER
Dubuque County, Iowa
Prepared by and return to: Brian I Kane, KANE, NORBY & REDDICK, P.C., 2100 Asbury Rd., Ste. 2, Dubuque, IA 52001, (563) 582-7980
DECLARATION OF ACCESS EASEMENT AGREEMENT
THIS DECLARATI OF ACCESS EASEMENT AGREEMENT ("Agreement") is
made this 6 day of � e, , 2025, by Derby Grange Farm, LLC an Iowa limited
liability company (herein a er the "Declarant" or "Parcel A Owner").
RECITALS
A. Declarant is the owner of, among other things, the following described real estate
in Dubuque County, Iowa, referred to as "Parcel A:"
The South West '/a of the North East 1/, except Lot 1 thereof, in Section 8, Township
89 North, Range 2 East of the 5t' P.M., Dubuque County, Iowa, according to the
United States Government Survey and the recorded Plat thereof.
For purposes of this Agreement, the titleholder of Parcel A shall hereinafter be referred to
as "Parcel A Owner;"
B. Immediately adjacent to and contiguous with "Parcel A" lies a parcel of real
estate presently owned by Timothy W. Stockel and Peggy J. Stockel (the "Stockels" or the
"Parcel B Owners") legally described as:
The Southerly Seven (7) Acres of that certain real estate legally described Lot 2 of the E
of the NE t/a in Section 8, Township 89 North, Range 2 East of the 5th P.M., in
Dubuque County, Iowa, according to the United States Government Survey and the
recorded plat thereof (hereinafter "Parcel B").
C. The Stockels have contracted to sell Parcel B to Declarant pursuant to a Real Estate
Contract -Installments, which sale will close on or about January 2, 2026 (the "Sale").
D. Parcel A has access to a public right-of-way via Herod Lane to the east and west of
Parcel A, as shown in more particular detail on Exhibit "A," attached hereto and by this reference
made a part hereof. In consideration of the anticipated Sale by the Stockels to Declarant, Declarant
desires to grant unto Parcel B an easement for ingress and egress over Parcel A from Herod Lane,
Page 309 of 1019
as shown on Exhibit A. No new point of access will be necessary in connection with the creation
of a plat of survey for Parcel B.
E. Declaration desires to reduce to writing this Declaration and the easement set out
herein for ingress and egress to Parcel B over Parcel A.
THEREFORE, for the purposes of declaring its intentions, Declarant states as follows:
1. Easement Grant. Declarant hereby grants a non-exclusive, perpetual easement
over Parcel A for ingress and egress to Parcel B as shown on the attached Exhibit A.
2. Permitted Users. The Easement may be used by the owners of Parcel A and Parcel
B, together with their respective licensees and invitees.
3. Maintenance, Repair and Replacement. Parcel A Owner shall be responsible for
all costs of maintenance, repairs and replacement of the Easement. For purposes of this Agreement
"Maintenance" is defined as the work normally necessary to preserve and keep the Easement as
nearly as possible in its present condition or as improved in the future, ordinary and reasonable
wear and tear excepted, and includes repairs, reconstruction, resurfacing, noxious weed control
and snow and ice removal.
4. Barriers. Parcel A Owner shall take all action as is necessary to prohibit any
interference with the use of the Easement granted under this Agreement, but occasional, partial
blockages may occur in connection with the Maintenance. Prior to the closing of the Sale, the
Stockels may not make any improvements, alterations, or changes to the Easement, nor shall any
they impede, in whole or in part, the free flow of traffic. thereon.
5. Covenants Run with Land. All of the terms and conditions in this Agreement,
including the benefits and burdens, shall run with the land and shall be binding upon, inure to the
benefit of, and be enforceable by Parcel A Owner and its respective successors in interest and
assigns.
6. Governing Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Iowa.
7. Entire Agreement. This Agreement sets forth the entire understanding of the
parties and may not be changed except by a written document executed and acknowledged by all
parties to this Agreement and duly recorded in the office of the Dubuque County Recorder.
8. Invalidity. If any term or condition of this Agreement, or the application of this
Agreement to any person or circumstance, shall be deemed invalid or unenforceable, the remainder
of this Agreement, or the application of the term or condition to persons or circumstances other
than those to which it is held invalid or unenforceable, shall not be affected thereby, and each term
and condition shall be valid and enforceable to the fullest extent permitted by law.
2
Page 310 of 1019
9. Waiver. No delay or omission by any party in exercising any right or power arising
out of any default under any of the terms or conditions of this Agreement shall be construed to be
a waiver of the right or power. A waiver by a party of any of the obligations of the other party shall
not be construed to be a waiver of any breach of any other terms or conditions of this Agreement.
10. Enforcement. Enforcement of this Agreement by Parcel A Owner may be made
by proceedings at law or in equity against any person or persons, including the Stockels, violating
or attempting or threatening to violate any term or condition in this Agreement, either to restrain
or prevent the violation or to obtain any other relief. If a suit is brought to enforce this Agreement,
such suit may only be brought in the Iowa District Court for Dubuque County.
11. No Public Dedication. Nothing in this Agreement shall be deemed to be a gift or
dedication of any portion of the Easement granted under this Agreement to the Parcel B Owners
or for any public purpose whatsoever. There shall be no dedication to the public of the Easement,
whether by express grant, implication, or prescription. These measures may include, without
limitation, the posting of "Private Road" or "No Through Traffic" signs, as applicable. Such
measures shall not, however, unreasonably interfere with the Easement rights granted under this
Agreement to the Parcel B Owners.
12. Condition Subsequent. In the event that, for any reason, Declarant (or Declarant's
Assignee) does not receive a Special Warranty Deed from Parcel B Owners in final consummation
of the Sale, this easement shall terminate and be of no further force or effect.
Derby (rfie Farm, LLC., Declarant
Ronald J. Brdtbach, Its President
STATE OF IOWA )
)ss:
COUNTY OF DUBUQUE )
This instrument was acknowledged before me on the / S day of �, 2025,
by Ronald J. Breitbach, as President of Derby Grange Farm, LLC, an Iowa limited liability
company.
.�s� ANGELA DEMMER
Commission Number 732857
My Comm sl hes
_�
Notary Pu c in and for Said State
3
Page 311 of 1019
EXHIBIT "A"
See attached drawing.
Page 312 of 1019
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