Acceptance of Grant Easement for Sanitary Sewer Utility across Rhomberg Property off Old Mill Road in Dubuque as Part of Phase One of the Old Mill Road Lift Station Project Copyrighted
April 6, 2026
City of Dubuque CONSENT ITEMS # 13.
City Council
ITEM TITLE: Acceptance of Grant Easement for Sanitary Sewer Utility
across Rhomberg Property off Old Mill Road in Dubuque as
Part of Phase One of the Old Mill Road Lift Station Project
SUMMARY: City Manager recommending City Council acceptance of a
grant easement for sanitary sewer utility from Ricky R.
Rhomberg across Parts of Lot 1 of the Subdivision of Lot 1 of
Mineral Lot 512, and Lot 2 of the Subdivision of Mineral Lot
507, and Lot 10 of Mineral Lot 501, all in the City of Dubuque,
lowa, as part of the ongoing Phase One of the Old Mill Road
Lift Station Project.
RESOLUTION Accepting A Grant Of Easement For Sanitary
Sewer Utility Through, Under And Across Parts Of Lot 1 Of
The Subdivision Of Lot 1 Of Mineral Lot 512, And Lot 2 Of
The Subdivision Of Mineral Lot 507, And Lot 10 Of Mineral
Lot 501, All In The City Of Dubuque, lowa
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
1. MVM Memo Acceptance Grant Easement for Sanitary Sewer Utility across
Rhomberg Property off Old Mill Road in Dubuque as Part of Phase One Old Mill Rd
2. 1 memo accept san easement rhomberg 03262026
3. 2 resolution accept san easement rhomberg 03262026
4. 3 rhomberg easement rev 4 signed
Page 1001 of 2358
Dubuque
THE CITY OF �
uhA�eMa cin
DuB E ; . � ,
I � � I.
Maste iece on the Mississi t 2oo�•zoiz•zois
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of Grant Easement for Sanitary Sewer Utility across
Rhomberg Property off Old Mill Road in Dubuque as Part of Phase One of
the Old Mill Road Lift Station Project
DATE: March 31, 2026
City Engineer Gus Psihoyos is recommending City Council acceptance of a grant
easement for sanitary sewer utility from Ricky R. Rhomberg across Parts of Lot 1 of the
Subdivision of Lot 1 of Mineral Lot 512, and Lot 2 of the Subdivision of Mineral Lot 507,
and Lot 10 of Mineral Lot 501, all in the City of Dubuque, lowa, as part of the ongoing
Phase One of the Old Mill Road Lift Station Project.
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, CE III, PE/PLS
Page 1002 of 2358
Dubuque
THE CITY OF �
All•Aneriea Cit�
DuB E ;, r .,;
I � � I.
MRSt2 iece on the Mississi Z 2007+2012+2013
�p pp Zoi��2oi9
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Acceptance of Grant Easement for Sanitary Sewer Utility across
Rhomberg Property off Old Mill Road in Dubuque as Part of Phase One of
the Old Mill Road Lift Station Project
DATE: March 27, 2026
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a grant easement for
sanitary sewer utility from Ricky R. Rhomberg across Parts of Lot 1 of the Subdivision of
Lot 1 of Mineral Lot 512, and Lot 2 of the Subdivision of Mineral Lot 507, and Lot 10 of
Mineral Lot 501, all in the City of Dubuque, lowa, as part of the ongoing Phase One of
the Old Mill Road Lift Station Project.
BACKGROUND
Phase One of the Old Mill Road Lift Station Project consists of the lift station, site
improvements and gravity and force main sanitary sewer. Phase Two will consist of the
installation of the remaining gravity and force main sanitary sewer, from the new lift
station to WRRC, which is currently under construction. This separation between
phases will allow for a clear contractual responsibility between the two project phases.
The new gravity sewers and force main piping will be placed within existing right of way
and recently acquired private property easements.
DISCUSSION
The easement is necessary for the construction of Phase One of the Old Mill Rd. Lift
Station Project. The attached Grant of Easement for Sanitary Sewer Utility shows the
location of the permanent easements and temporary construction easements across the
Rhomberg property. The subject Rhomberg property lies just east of the proposed lift
station building site on Old Mill Road. The property owner has executed the grant of
easement.
The City agreement with Rhomberg also includes the vacation of a portion of an existing
City sanitary sewer easement on the west side of the Rhomberg property which is no
longer needed. The City will set and hold a public hearing for this action in the near
future in a separate council document.
RECOMMENDATION
1
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I recommend accepting the Grant Easement for Sanitary Sewer Utility through, under
and across Parts of Lot 1 of the Subdivision of Lot 1 of Mineral Lot 512, and Lot 2 of the
Subdivision of Mineral Lot 507, and Lot 10 of Mineral Lot 501, all in the City of Dubuque,
lowa, as shown on Exhibit A on the attached Grant of Easement.
ACTION TO BE TAKEN
I respectfully request acceptance of the Grant Easement for Sanitary Sewer Utility from
Ricky R. Rhomberg through the adoption of the enclosed resolution.
Prepared by Nate Kieffer, CE III, PE/PLS
2
Page 1004 of 2358
Prepared by: Nate Kieffer, City of Dubuque 50 W. 13'h Street Dubuque IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque 50 W. 131h Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 104-26
ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY THROUGH,
UNDER AND ACROSS PARTS OF LOT 1 OF THE SUBDIVISION OF LOT 1 OF
MINERAL LOT 512, AND LOT 2 OF THE SUBDIVISION OF MINERAL LOT 507, AND
LOT 10 OF MINERAL LOT 501, ALL IN THE CITY OF DUBUQUE, IOWA
Whereas, as property owner, Ricky R. Rhomberg has executed a Grant Easement
for Sanitary Sewer Utility through, under and across Parts of Lot 1 of the Subdivision of
Lot 1 of Mineral Lot 512, and Lot 2 of the Subdivision of Mineral Lot 507, and Lot 10 of
Mineral Lot 501, all 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 Easement for Sanitary Sewer Utility through, under
and across Parts of Lot 1 of the Subdivision of Lot 1 of Mineral Lot 512, and Lot 2 of the
Subdivision of Mineral Lot 507, and Lot 10 of Mineral Lot 501, all in the City of Dubuque,
Iowa from Ricky R. Rhomberg, 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 of April, 2026.
Attest:
Adrienne N. Breitfelder,City Clerk
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Trish L. Gleason, do hereby certify that I am the duly appointed, qualified,
Assistant City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such
Assistant 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.
104-26 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 9th day of April 2026.
Trish L. Gleason, Assistant City Clerk
•
•
C t9 0
SEAL). ' ; •
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7
111111 IIIIII III IIU Dii Dlv i Di I D l 11111 III IIIII IIID iii IIII
Doc ID: 011495790005 Type: GEN
Kind: EASEMENT
Recorded: 04/14/2026 at 01:40:24 PM
Fee Amt: $27.00 Page 1 of 5
Dubuque County Iowa
Ann E. Sweeney Recorder
Fi1e2026-00003675
Prepared by: Nate Kieffer, City of Dubuque,50 W. 131h Street, Dubuque, Iowa 52001 (563)589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13" Street, Dubuque, Iowa 52001 (563)589-4270
}
GRANT OF EASEMENT FOR SANITARY SEWER UTILITY
For good and valuable consideration, the receipt whereof is hereby
acknowledged, Ricky R. Rhomberg, ("Grantor"), of Dubuque County, State of
Iowa, for himself, his successors and assigns, does hereby grant, sell and
conveyto the CITY TY 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:
Parts of Lot 1 of the Subdivision of Lot 1 of Mineral Lot 512, and Lot 2 of
the Subdivision of Mineral Lot 507, and Lot 10 of Mineral Lot 501, all in the
City of Dubuque, Iowa, as shown on Exhibit A attached hereto and by
reference made a part hereof.
Sanitary Sewer Utility Easement shall be as shown on the attached Exhibit A for
the purpose of constructing and maintaining gravity sanitary sewer and sanitary
sewer force main 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 and occupy the temporary
easement area as shown on the attached Exhibit A during the period of
construction until the project is accepted by the City Council.
It is understood and agreed that the Grantee herein shall restore to like
conditions the disturbed area due to the construction, maintenance or repair of
said sanitary sewer and appurtenances.
Grantor and his successors and assigns shall not erect any structure over or
within the easement area without obtaining the prior written approval of the City
CI-Ec-.( enci �lG 4 /Ivl �2 l
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. In no case shall the ground surFace or creek be altered in any way that
would cause the sanitary sewer force main pipe to have less than five feet of
cover over the pipe without written permission of the City.
Grantor agrees that any future improvements placed within said easement by �
Grantor, and his successors and assigns, excluding turF grass, may be removed '
and not replaced by the City of Dubuque in the process of maintaining, repairing
or reconstructing the sanitary sewer main utility. City of Dubuque will not be
responsible for the replacement, repair, or relocation of any future improvements,
besides turF grass, that encroach in the proposed easement.
To have and to hold unto the said City of Dubuque, lowa, forever, and the
undersigned does hereby expressly covenant that he is the owner in fee of said
real estate and has 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. Said easement shall be binding on all subsequent property owners, its -3�
successors and assigns.
�
Dated at Dubuque, lowa this � day of �`�� , 2026.
Ricky R. Rhomberg
By:
�
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
�
On this day of �f , A.D., 2026 before me, the undersigned,
a Notary Public in and for said County, in said State, personally appeared Ricky
R. Rhomberg 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.
,�Pa� cs KERRY JO BRADLEY Nofia Publ I and For Said S te
o � Commission Number 808090 ry
? '°" My Commission Expires
�owP � December 26, 2Q26
Page 1007 of 2358
. t;ITY OF DUBUQUE
EXHIBIT A - SANITARY SEWER UTILITY EASEMENT,
l"EMPORARY CONSTRUCTION EASEMENT, AND VACATION OF
A PORTION OF EXISTING SANITARY SEWER EASEMENT
COUNTY DUBUQUE PARCEL N0. JOB N0.
. PROJECT OLD MILL LIFT STATION SECTION � TWP 88N RANGE 2E
. ROW—FEE N/A EXIST. ROAD N/A PERM. EASEM'T SEE BELOW
• PART OF LOT 1-1 OF M.L.512,PART OF LOT 2 OF M.L.507
\ LEGAL DESCRI PTION AND PART OF LOT 10 OF M.L.501.CIN OF DUBUQUE.IO�VA
OWNER RICKY R. RHOMBERG
L=25.45'
� LEGEND
R=2106.00' �
�=0°41'33" ADJACENT PROPERTY LINE
CHORD=N17°57'17"W �
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PROPOSED EASEMENT AREAS: \ o so� so� �20' ROG�P� A,
SCALE 1"=60'FEET NO CAP
SANITARY SEWER UTILITY EASEMENT=49,690 SQ. FT.
TEMPORARY CONSTRUCTION EASEMENT=26,060 SQ. FT. Dubuque CITY OF DUBUQUE
� ENGINEERING DEPARTMENT
All-America Cit CITY HALL, 50 WEST'i 3th STREET
DUBUQUE, IA 52001-4864
PROPOSED EASEMENT VACATE AREA: t' � PHONE (563)589-4270 F,� (563)589-4205
EXISTING EASEMENT VACATE AREA= 28,608 SQ. FT. � DrawnBy. JJB ApprovedBy. RNK oa�e: oa.os-zs
2007 2012 PART OF LOT 1-1 OF M.L.512,PART OF LOT 2 OF M.L.507,AND
` 2013 2017 PART OF LOT 10 OF M.L.501,CITY OF DUBUQUE,IOWA
2019 C.I.P.Number. sheet Number. 1 of �
F:\PROJECT51100\1050\Old Mill Rd Lift Station&Force Main\Design\Drawings\Easements\2026 EXHIBIT V4 Rhomberg Easementdwg
Page 1008 of 2358