Acceptance of Permanent Grant of Easement for Street Pavement and Storm Sewer Utility across Part of Lot 1 of Lot 1 of the SE 1/4 of the SE 1/4 of Section 34, T89N, R2E, in the City of Dubuque, Iowa, Property at 1000 June Drive in DubuqueCity of Dubuque
City Council
CONSENT ITEMS # 11.
Copyrighted
February 2, 2026
ITEM TITLE: Acceptance of Permanent Grant of Easement for Street
Pavement and Storm Sewer Utility across Part of Lot 1 of Lot
1 of the SE 1/4 of the SE 1/4 of Section 34, T89N, R2E, in the
City of Dubuque, Iowa, Property at 1000 June Drive in
Dubuque
SUMMARY: City Manager recommending City Council accept the
Permanent Grant of Easement for street pavement and storm
sewer utility from Daniel and JoAnn Giese for a recently
constructed street pavement and sewer extension
improvements across part of Lot 1 of Lot 1 of the SE 1/4 of
the SE 1/4 of Section 34, T89N, R2E, in the City of Dubuque,
Iowa, common address 1000 June Drive.
RESOLUTION Accepting A Grant Of Permanent Street
Pavement And Storm Sewer Utility Easement Through,
Under And Across Lot 1 Of Lot 1 Of The SE 1/4 Of The SE
1/4 Of Section 34, T89N, R2E, In The City Of Dubuque, Iowa
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
1. MVM Memo Acceptance of Permanent Grant of Easement for Street Pavement and
Storm Sewer Utility across property at 1000 June Drive in Dubuque
2. 1 memo accept grant storm ease giese june dr
3. 2 res accept storm ease giese june dr
4. 3 giese street and storm ease signed
5. 4 giese june dr storm ease loc map
Page 211 of 865
THE CITY OF
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of Permanent Grant of Easement for Street Pavement and
Storm Sewer Utility across Part of Lot 1 of Lot 1 of the SE 1/4 of the SE
1/4 of Section 34, T89N, R2E, in the City of Dubuque, Iowa, Property at
1000 June Drive in Dubuque
DATE: January 28, 2026
City Engineer Gus Psihoyos is recommending City Council accept the Permanent Grant
of Easement for street pavement and storm sewer utility from Daniel and JoAnn Giese
for a recently constructed street pavement and sewer extension improvements across
part of Lot 1 of Lot 1 of the SE 1/4 of the SE 1/4 of Section 34, T89N, R2E, in the City of
Dubuque, Iowa, common address 1000 June Drive.
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
Page 212 of 865
Dubuque
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TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Acceptance of Permanent Grant of Easement for Street Pavement and Storm
Sewer Utility across Part of Lot 1 of Lot 1 of the SE 1/4 of the SE 1/4 of Section
34, T89N, R2E, in the City of Dubuque, Iowa, Property at 1000 June Drive in
Dubuque
DATE: January 28, 2026
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a grant of easement for street
pavement and storm sewer utility from Daniel and JoAnn Giese for a recently constructed street
pavement and sewer extension improvements across part of Lot 1 of Lot 1 of the SE 1/4 of the
SE 1/4 of Section 34, T89N, R2E, in the City of Dubuque, Iowa, common address 1000 June
Drive.
nlSrIISSIM]
Recently the Giese's purchased the property at 1000 June Drive and had plans to construct a
single-family residence on the property. At the time, the westerly terminus of the June Drive
pavement was a dead end with no curb and gutter across the west pavement edge. In order to
accommodate the street connection for the proposed driveway serving the property, the city
recently installed public street pavement, curb and gutter, storm inlets, and a storm sewer
extension. Due to the existing site conditions and drainageways, part of the public street and
storm sewer improvements were constructed on the Giese private property. The pavement and
storm sewer extension project were coordinated with the property owners.
The City of Dubuque will own and maintain the newly constructed street pavement and storm
sewer extension improvements over the private property. A grant of easement from the
property owner is being sought to allow for the future maintenance of the street and utility
improvements. The attached Grant of Easement shows the location of the pavement and storm
sewer easement across the Giese property. The property owners have executed the grant of
easement.
RECOMMENDATION
I recommend accepting the Permanent Grant of Easement for Street Pavement and Storm
Sewer Utility through, under and across Part of Lot 1 of Lot 1 of the SE 1/4 of the SE 1/4 of
Section 34, T89N, R2E, 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 Permanent Grant of Easement for Street Pavement and
Storm Sewer Utility from Daniel and JoAnn Giese through the adoption of the enclosed
resolution.
1
Page 213 of 865
Prepared by Nate Kieffer, CE III, PE/PLS
Page 214 of 865
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. 26-26
ACCEPTING A GRANT OF PERMANENT STREET PAVEMENT AND STORM SEWER
UTILITY EASEMENT THROUGH, UNDER AND ACROSS LOT 1 OF LOT 1 OF THE SE
1/4 OF THE SE 1/4 OF SECTION 34, T89N, R2E, IN THE CITY OF DUBUQUE, IOWA
Whereas, DANIEL J. GIESE AND JOANN M. GIESE TRUST, DANIEL J. GIESE
AND JOANN M. GIESE, TRUSTEES has executed a Grant of Easement for Permanent
Street Pavement and Storm Sewer Utility through, under and across LOT 1 OF LOT 1 OF
THE SE 1/4 OF THE SE 1/4 OF SECTION 34, T89N, R2E, 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 Permanent Street Pavement and
Storm Sewer Utility through, under and across LOT 1 OF LOT 1 OF THE SE 1/4 OF THE
SE 1/4 OF SECTION 34, T89N, R2E, IN THE CITY OF DUBUQUE, IOWA from DANIEL
J. GIESE AND JOANN M. GIESE TRUST, DANIEL J. GIESE AND JOANN M. GIESE,
TRUSTEES, 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 )"' of February 2026.
Brgi,m. C vanagh, Mayor
Attest:
a5h✓,�- - i 1 C
Adrienne N. Breitfelder, ity Clerk
Doc ID: 011462580006 Type: GEN
Kind: EASEMENT
Recorded: 02/04/2026 at 10:01:38 AM
Fee Amt: $32.00 Pape 1 of 6
Dubuque County Iowa
Ann E. Sweeney Recorder
File2026-00001138
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. 1V Street, Dubuque, Iowa 52001 (563)589-4270
GRANT OF PERMANENT STREET PAVEMENT AND STORM SEWER
UTILITY EASEMENT
For and in consideration of One and 00/100's Dollars ($1.00) and other good and
valuable consideration, the receipt whereof is hereby acknowledged, DANIEL J.
GIESE AND JOANN M. GIESE TRUST, DANIEL J. GIESE AND JOANN M.
GIESE, TRUSTEES, ("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 OF LOT 1 OF THE SE 1/4 OF THE SE 1/4 OF SECTION
34, T89N R2 E, IN THE CITY OF DUBUQUE, IOWA, as shown on Exhibit
A attached hereto and by reference made a part hereof.
Said easement, as shown on the attached Exhibit A, is for the purpose of
constructing and maintaining the street pavement of June Drive and a storm
sewer utility and other appurtenances, along with the right, privilege and authority
to construct, reconstruct, maintain, operate, repair, patrol and remove said
improvements within the area specified or identified on Exhibit A. 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.
It is understood and agreed that the Grantee herein shall restore the disturbed
area to like conditions due to the construction, maintenance or repair of said
street and storm sewer and appurtenances. Grantee shall provide Grantor with a
minimum of seven days' notice prior to accessing the easement area.
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 street and storm
sewer utility improvements thereon or therein.
Dated at Dubuque, Iowa this day of raAWIA, 2026
DANIEL J. GIESE AND JOANN M.
GIESE TRUST, DANIEL J. GIESE
AND JOANN M. GIESE, TRUSTEES
1
By.
Joann M. Giese, Trustee
Daniel J. Giese, Trustee
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this GEC � ry,' day of i) &)tA rA", A.D., 2026 before me, the undersigned,
a Notary Public in and for said Couhty, in said State, personally appeared Joann
M. Giese and Daniel J. Giese 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.
Notary Publics In and For Said State
�PR'A<S DIANE I DIVAN
i Commission Number 766333
My ComJ '1- ission Ex i fs
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Prepared By: City of Dubuque Address: 50 West 13th St., Dubuque, IA 52001 Ph:563-589-4270
CITY OF DUBUQUE
EXHIBIT A — PERMANENT STREET PAVEMENT
AND STORM SEWER UTILITY EASEMENT
COUNTY DUBUQUE PARCEL NO. 1034478001 JOB NO.
PROJECT SECTION 34 TWP 89N RANGE 2E
ROW -FEE NSA EXIST. ROAD NSA PERM. EASEM'T SEE BELOW
LEGAL DESCRIPTION LOT 1 OF LOT 1 OF THE SE 1/4 OF THE SE 1/4 OF SECTION 34, T89N R2E
OWNER DANIEL J. GIESE AND JOANN M. GIESE TRUST, DANIEL J. GIESE AND JOANN M. GIESE, TRUSTEES
CENTERLINE 20' WIDE
EASEMENT AND
CENTERLINE EXISTING
STORM SEWER PIPE
FOUND 1"
IRON PIPE
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PERMANENT STREET
PAVEMENT AND STORM
SEWER UTILITY EASEMENT
684 SQ. FT., 0.016 AC
- FOUND 5/8"
REBAR �I
0.42 OF LINE
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FOUND 5/8"
REBAR 0.18'
EAST OF LINE
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SCALE 1" = 30' FEET
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LEGEND I�
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PERMANENT STREET PAVEMENT AND
®
STORM SEWER UTILITY EASEMENT AREA
•
FOUND MONUMENT AS NOTED
R.O.W.
RIGHT OF WAY
100.00'
RECORD DIMENSION
FOUND REBAR 0.4.46'
OF
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PROPERTY
LINE
LINE % R.O.W. LINE
CENTERLINE 20' WIDE EASEMENT 1
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AND CENTERLINE EXISTING
Pa
STORM SEWER PIPE
FOUND 3/4"'
IRON PIPE
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NOTES:
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF
2. PROPRIETOR OF ABOVE DESCRIBED LOT: DANIEL J. GIESE AND JOANN M. GIESE TRUST
DANIEL J. GIESE AND JOANN M. GIESE, TRUSTEES
3. SURVEY REQUESTED BY: CITY OF DUBUQUE
4. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD
5. DATE OF SURVEY: 01-12-2026
F:\PROJECTS\Storm\June Drive\EasementVune Drive Easement.dwg
Prepared by: Nate Kieffer City of Dubuoue 50 W 13" Street Dubuque IA 52001 (563) 589-4270
Return to Nate Kieffer City of Dubuoue 50 W. 13" Street Dubuoue IA 52001 (563) 589-4270
RESOLUTION NO. 26-26
ACCEPTING A GRANT OF PERMANENT STREET PAVEMENT AND STORM SEWER
UTILITY EASEMENT THROUGH, UNDER AND ACROSS LOT 1 OF LOT 1 OF THE SE
1/4 OF THE SE 1/4 OF SECTION 34, T89N, R2E, IN THE CITY OF DUBUQUE, IOWA
Whereas, DANIEL J. GIESE AND JOANN M. GIESE TRUST, DANIEL J. GIESE
AND JOANN M. GIESE, TRUSTEES has executed a Grant of Easement for Permanent
Street Pavement and Storm Sewer Utility through, under and across LOT 1 OF LOT 1 OF
THE SE 1/4 OF THE SE 1/4 OF SECTION 34, T89N, R2E, 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 Permanent Street Pavement and
Storm Sewer Utility through, under and across LOT 1 OF LOT 1 OF THE SE 1/4 OF THE
SE 1/4 OF SECTION 34, T89N, R2E, IN THE CITY OF DUBUQUE, IOWA from DANIEL
J. GIESE AND JOANN M. GIESE TRUST, DANIEL J. GIESE AND JOANN M. GIESE,
TRUSTEES, 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 �`i of February 2026.
Br M. 4vanagh, Mayor
Attest:
Adrienne N. Breitfelder, ity 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. 26-26 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 4th day of February 2026.
Adrienne N. Breitfelder, City Clerk