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Acceptance of Grants of Permanent Easement for Storm Sewer Utility across parts of Lots 11 and 12 in Block 3 in Birch Acres, in the City of Dubuque, Iowa from James F. Breitbach and Kelly K. Breitbach, and from Benjamin T. Graham and Cindy J. GrahamCopyrighted January 20, 2026 CONSENT ITEMS City of Dubuque # 9. City Council ITEM TITLE: Acceptance of Grants of Permanent Easement for Storm Sewer Utility across parts of Lots 11 and 12 in Block 3 in Birch Acres, in the City of Dubuque, Iowa from James F. Breitbach and Kelly K. Breitbach, and from Benjamin T. Graham and Cindy J. Graham SUMMARY: City Manager recommending City Council adopt a resolution accepting the grants of easement for storm sewer utility from James F. Breitbach and Kelly K. Breitbach, and from Benjamin T. Graham and Cindy J. Graham for a proposed storm sewer extension project across parts of Lots 11 and 12 in Block 3 in Birch Acres, in the City of Dubuque, Iowa. RESOLUTION Accepting A Grants Of Permanent Easement For Storm Sewer Utility Through, Under And Across Parts Of Lots 11 And 12 In Block 3 In Birch Acres, In The City Of Dubuque, Iowa SUGGUESTED Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: 1. MVM Memo 2. 1 memo accept grant storm eases tanglewood 3. 2 res accept storm eases tanglewood 4. 3 breitbach easement tanglewood signed 5. 4 graham easeement tanglewood signed 6. 5 tanglewood cc area map Dubuque THE CITY OF uFA�a9a av DuBE 13 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 Grants of Permanent Easement for Storm Sewer Utility across parts of Lots 11 and 12 in Block 3 in Birch Acres, in the City of Dubuque, Iowa from James F. Breitbach and Kelly K. Breitbach, and from Benjamin T. Graham and Cindy J. Graham DATE: January 12, 2026 City Engineer Gus Psihoyos is recommending City Council adopt a resolution accepting the grants of easement for storm sewer utility from James F. Breitbach and Kelly K. Breitbach, and from Benjamin T. Graham and Cindy J. Graham for a proposed storm sewer extension project across parts of Lots 11 and 12 in Block 3 in Birch Acres, in the City of Dubuque, Iowa. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Nate Kieffer, Civil Engineer III, PE/PLS Dubuque THE CITYOF T TMI-AnerieaCityD V L E—E any w nxi II Masterpiece on the Mississippi �"p 2°°'`° 13 pp Zoi7*20*zoi9 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Acceptance of Grants of Permanent Easement for Storm Sewer Utility across parts of Lots 11 and 12 in Block 3 in Birch Acres, in the City of Dubuque, Iowa from James F. Breitbach and Kelly K. Breitbach, and from Benjamin T. Graham and Cindy J. Graham DATE: January 12, 2026 INTRODUCTION The purpose of this memorandum is to seek acceptance of grants of easement for storm sewer utility from James F. Breitbach and Kelly K. Breitbach, and from Benjamin T. Graham and Cindy J. Graham for a proposed storm sewer extension project across parts of Lots 11 and 12 in Block 3 in Birch Acres, in the City of Dubuque, Iowa. DISCUSSION The City has identified a failing stormwater sewer outfall that has caused significant erosion along City property located behind residences along Thornwood Court, Thornwood Drive, and Tanglewood Court. The increased erosion along the outfall has created potential hazard that requires outfall reconstruction and stabilization. This project will include the extension of storm sewer, additional stormwater intakes, and the construction of an outfall stabilization structure that would restore the eroded areas. The storm sewer extension project will be coordinated with the property owners. The City of Dubuque will own and maintain the newly constructed storm sewer extension and appurtenances over the private properties. A grant of easement from each of the property owners is being sought to allow for the construction and ongoing maintenance of the utility extension. The attached grants of easement show the location of the storm sewer easement across the respective private properties. The property owners have executed the attached grants of easement. RECOMMENDATION I recommend accepting the Grants of Permanent Easement for Storm Sewer Utility through, under and parts of Lots 11 and 12 in Block 3 in Birch Acres, in the City of Dubuque, Iowa, as shown on the attached exhibits included in the grants of easement. 1 ACTION TO BE TAKEN I respectfully request acceptance of the Grants of Permanent Easement for Storm Sewer Utility from James F. Breitbach and Kelly K. Breitbach, and from Benjamin T. Graham and Cindy J. Graham, through the adoption of the enclosed resolution. Prepared by Nate Kieffer - CE III, PE/PLS 2 Prepared by: Nate Kieffer, City of Dubuque 50 W. 13t" Street Dubuque IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13t' Street, Dubuque IA 52001 (563) 589-4270 RESOLUTION NO. 13-26 ACCEPTING A GRANTS OF PERMANENT EASEMENT FOR STORM SEWER UTILITY THROUGH, UNDER AND ACROSS PARTS OF LOTS 11 AND 12 IN BLOCK 3 IN BIRCH ACRES, IN THE CITY OF DUBUQUE, IOWA Whereas, James F. Breitbach and Kelly K. Breitbach have executed a Grant of Permanent Easement for Storm Sewer Utility through, under and across Part of Lot 11 in Block 3 in Birch Acres, in the City of Dubuque, Iowa; and Whereas, Benjamin T. Graham and Cindy J. Graham have executed a Grant of Permanent Easement for Storm Sewer Utility through, under and across Part of Lot 12 in Block 3 in Birch Acres, 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 Grants of Permanent Easement for Storm Sewer Utility through, under and across Parts of Lots 11 and 12 in Block 3 in Birch Acres, in the City of Dubuque, Iowa from James F. Breitbach and Kelly K. Breitbach, and Benjamin T. Graham and Cindy J. Graham, respectively, copies of which are 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 20th day of January, 2026. Attest: Adrienne N. Breitfelder, City Clerk Doc ID: 011458650005 Type: GEN Kind: EASEMENT Recorded: 01/23/2026 at 01:18:30 PM Fee Amt: $27.00 Paqe 1 of 5 Dubuque County Iowa Ann E. Sweeney Recorder File2026-00000755 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13"' Street, Dubuque, Iowa 52001 (563)589-4270 Retum to: Nate Kieffer, City of Dubuque, 50 W. 13"' Street, Dubuque, Iowa 52001 (563)589-4270 GRANT OF PERMANENT EASEMENT FOR STORM SEWER UTILITY For and in consideration of the Five Thousand Seven Hundred Ten and 19/100 dollars ($5,710.19) and other good and valuable consideration, the receipt whereof is hereby acknowledged, James F. Breitbach and Kelly K. Breitbach ("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 11 in Block 3 in Birch Acres, 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 storm sewer 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. Together with the right to enter upon said property over the temporary construction easement areas as shown on the attached Exhibit A 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 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 1�,,,e C4, E.�r911 er �x 21' 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 storm sewer utilities thereon or therein. Dated at Dubuque, Iowa this I day of WeMV)4W , 2025 By- ames F.13reitbach By: Kelly K. Breitbach NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this It day of MCQXrIW , A.D., 2025 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared James F. Breitbach and Kelly K. Breitbach, 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. &jlkm kaw Notary Public In and For Said State ' SHELBY LYNN HANLEY r y Commission Number 863949 My Comm. Exp. 4 ll '70- Prepared By: City of Dubuque Address: 50 West 13th St., Dubuque, IA 52001 Ph:563-589-4270 CITY OF DUBUQUE EXHIBIT A - PERMANENT STORM SEWER UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT COUNTY DUBUQUE PARCEL NO. 1035332010 JOB NO. PROJECT TANGLEWOOD STORM REPAIRSECTION 35 TWP-9N RANGE 2E ROW -FEE N/A EXIST. ROAD N/A PERM. EASEM'T SEE BELOW LEGAL DESCRIPTION LOT 11 IN BLOCK 3 BIRCH ACRES OWNER JAMES F. AND KELLY K. BREITBACH `OS �.,•P`1�s ARM I / FOUND J 5/8' REBAR WITNESS CORNER WEST LINE OF LOT 11 IN BLOCK 3 BIRCH ACRES oo3 \ 00" �05 B1RG PERMANENT STORM SEWER UTILITY EASEMENT 2,524 SQ. FT., 0.058 AC \ FOUND CUT X ON TRANSFORMER 10 _s N84-OZ22-E 141.77 (141.69') FOUND 1" IRON PIPE I I • LEGEND 15 TEMPORARY CONSTRUCTION EASEMENT 2,135 SQ. FT., 0.049 AC oo*3 9� 5'40-W 14.88' I I I L=42.58' J. R=50.00' A=48°4T35" / CHORD=N68°14'56'W 1 41.30' R:50 ar 17'7P23" ♦ `a P6f�5 n= S7S'3T35_`N ♦ 6 CHORD 15 1T FND. 518" TANGLEWOOD •� RED 1231 " COURT (50' RADIUS R.O.W.) PROPOSED TEMPORARY CONSTRUCTION EASEMENT ® PROPOSED PERMANENT EASEMENT FOR STORM SEWER UTILITY FOUND MONUMENT AS NOTED R.O.W. RIGHT OF WAY (100.00') RECORD DIMENSION PROPERTY LINE / R.O.W. LINE NOTES: 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF 2. PROPRIETOR OF A80VE DESCRIBED LOT: JAMES F. AND KELLY K BREITBACH 3. SURVEY REQUESTED BY: CITY OF DUBUQUE 4. TOTAL AREA OF PERIMETER SURVEYED IS 4.M SQUARE FEET (0.107 ACRES) S. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD 6. DATE OF SURVEY: 11_12-25 0' 15' 30' 60' SCALE 1" = 30' FEET F'\P1O3ECTS\Stonn\2025 TangWwoodCt STO S 13020_Eriention\OB CARD\Servey\Survey_Drawitg\tangkwOOE_Stortn_E&-nlid g 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. 13-26 ACCEPTING A GRANTS OF PERMANENT EASEMENT FOR STORM SEWER UTILITY THROUGH, UNDER AND ACROSS PARTS OF LOTS 11 AND 12 IN BLOCK 3 IN BIRCH ACRES, IN THE CITY OF DUBUQUE, IOWA Whereas, James F. Breitbach and Kelly K. Breitbach have executed a Grant of Permanent Easement for Storm Sewer Utility through, under and across Part of Lot 11 in Block 3 in Birch Acres, in the City of Dubuque, Iowa; and Whereas, Benjamin T. Graham and Cindy J. Graham have executed a Grant of Permanent Easement for Storm Sewer Utility through, under and across Part of Lot 12 in Block 3 in Birch Acres, 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 Grants of Permanent Easement for Storm Sewer Utility through, under and across Parts of Lots 11 and 12 in Block 3 in Birch Acres, in the City of Dubuque, Iowa from James F. Breitbach and Kelly K. Breitbach, and Benjamin T. Graham and Cindy J. Graham, respectively, copies of which are 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 20th day of January, 2026. Br avanagh, Mayor Attest: 17 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.13-26 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 23rd day of January 2026. 442�� AZ-lk& Adrienne N. Breitfel er, City Clerk Doc ID: 011458640005 Type: GEN Kind: EASEMENT Recorded: 01/23/2026 at 01:17:21 PM Fee Amt: $27.00 Paqe i of 5 Dubuque County Iowa Ann E. Sweeney Recorder File2026-00000754 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W 13`h Street, Dubuque, Iowa 52001 (563)589-4270 GRANT OF PERMANENT EASEMENT FOR STORM SEWER UTILITY For and in consideration of the Four Thousand Seven Hundred Two and 44/100 dollars ($4,702.44) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Benjamin T. Graham and Cindy J. Graham ("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 12 in Block 3 in Birch Acres, 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 storm sewer 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. Together with the right to enter upon said property over the temporary construction easement areas as shown on the attached Exhibit A 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 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 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 storm sewer utilities thereon or therein. Dated at Dubuque, Iowa this 1_ day of De e,-- tA, c,, , 2025 By: L Benjamin rah m By: a Cindy J. raham NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this `9 day of n , A.D., 2025 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Benjamin T. Graham and Cindy J. Graham, 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. MELISSA R. ALT Notary Public In and For Said State $ Co"nWWM Number "9247 . Oet� iEF Prepared By: City of Dubuque Address: 50 West 13th St., Dubuque, IA 52001 Ph:563-589-4270 CITY OF DUBUQUE EXHIBIT A - PERMANENT STORM SEWER UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT COUNTY DUBUQUE PARCEL NO. 1035332009 JOB NO. PROJECT TANGLEWOOD STORM REPAIR SECTION__3_5_TWP 89�ANGE 2E ROW -FEE N/A EXIST. ROAD NSA PERM. EASEM'T SEE BELOW LEGAL DESCRIPTION LOT 12 IN BLOCK 3 BIRCH ACRES OWNER BENJAMIN T. & CINDY J. GRAHAM Q�WCORNER X_A0 T G� WITNESS FOUND , 0' 15' 3D' 60'5/8"REBAR SCALE 1" = 30'FEET N45°00'54"E 8.07' (8.42') FOUND 5/8" REBAR 00 0000 �00 00 0 0 �. 0 0 �y0.p O 1�6 FOUND ti REBAR 0 V 0 n000 55 00 00 0 O TEMPORARY �o CONSTRUCTION r EASEMENT ♦ ♦ 1,496 SQ. FT., 0.034 AC PERMANENT STORM SEWER UTILITY EASEMENT 2,131 SQ. FT., 0.049 AC ,H PG ES&"5 9�RG EAST LINE OF LOT 12 IN BLOCK 3 BIRCH ACRES FOUND CUT X ♦ ♦ �OZ � P� ASK g\R ON FORER 5 FNDM5J8" ' REBAR WITH RED 12631 CAP es'S2� ♦ �03, � L=5.01' R=50.00' vB,=5°44'21" / ♦ CHOR/-S,6�7*01'42"W L=57.81' ♦ 5.01' R=50.00' f 0=69" CHORD=N76°58'3858'38"W ♦ 54.65' LEGEND Voj13\PG�� ♦� e PROPOSED TEMPORARY cN \� ♦ ♦ O CONSTRUCTION EASEMENTPROPOSED PERMANENT EAS !' O \ ® FOR STORM SEWER UTILITY EMENT FOUND MONUMENT AS NOTED RFOUND EBAR WITH �' •<P� GOV�J R.O.W. RIGHT OF WAY CAP #8026 QP O (100.00') RECORD DIMENSION PROPERTY LINE / R.O.W. LINE NOTES 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF 2. PROPRIETOR OF ABOVE DESCRIBED LOT: BENJAMIN T. & CINDY J. GRAHAM 3. SURVEY REQUESTED BY: CITY OF DUBUQUE 4. TOTAL AREA OF PERIMETER SURVEYED IS 3,627 SQUARE FEET (0.083 ACRES) 5. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD 6. DATE OF SURVEY: 11-12-25 F\PR0JECTS\Storm\2025 Tanglen Ct STO S 13020_Ertension\OI CADD\Sur ey\Survey__Drawing\Tanglew�_Storm Easements tl g Prepared by Nate Kieffer City of Dubuque 50 W. 13t1 Street Dubuque IA 52001 (563) 589-4270 Retum to: Nate Kieffer City of Dubuque 50 W. 131t' Street Dubuque IA 52001 (563) 589-4270 RESOLUTION NO. 13-26 ACCEPTING A GRANTS OF PERMANENT EASEMENT FOR STORM SEWER UTILITY THROUGH, UNDER AND ACROSS PARTS OF LOTS 11 AND 12 IN BLOCK 3 IN BIRCH ACRES, IN THE CITY OF DUBUQUE, IOWA Whereas, James F. Breitbach and Kelly K. Breitbach have executed a Grant of Permanent Easement for Storm Sewer Utility through, under and across Part of Lot 11 in Block 3 in Birch Acres, in the City of Dubuque, Iowa; and Whereas, Benjamin T. Graham and Cindy J. Graham have executed a Grant of Permanent Easement for Storm Sewer Utility through, under and across Part of Lot 12 in Block 3 in Birch Acres, 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 Grants of Permanent Easement for Storm Sewer Utility through, under and across Parts of Lots 11 and 12 in Block 3 in Birch Acres, in the City of Dubuque, Iowa from James F. Breitbach and Kelly K. Breitbach, and Benjamin T. Graham and Cindy J. Graham, respectively, copies of which are 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 201h day of January, 2026. P� B vanagh, Mayor Attte�st: 1:�il 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.13-26 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 231d day of January 2026. Adrienne N. Breitfeld r, City Clerk Engineering Basemap , v ' �' .. • ! - .. Y fit, .� Ad ' r tkl ice.♦ ,,• ° ,� � ;' ' � 1 /12/2026, 7:49:27 AM 1:1,876 0 87.5 175 350 ft 0 25 50 100 m