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
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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
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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
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