Acceptance of Grant of Easement for Public Sidewalk from Kennedy Mall, Ltd.City of Dubuque
City Council
CONSENT ITEMS # 7.
Copyrighted
July 20, 2026
ITEM TITLE: Acceptance of Grant of Easement for Public Sidewalk from
Kennedy Mall, Ltd.
SUMMARY: City Manager recommending City Council acceptance of a
Grant of Easement for Public Sidewalk, over and across part
of Lot 1-1-1-1-1 of Hawkeye Stock Farm in Sections 27 and
28, Dubuque Township, in the City of Dubuque, Dubuque
County, Iowa, from property owner Kennedy Mall, Ltd.
(Cafaro Company), for a sidewalk extension along JFK Road
associated with the Seven Brew Coffee Shop site
development in the Kennedy Mall complex.
RESOLUTION Accepting A Grant Of Easement For Public
Sidewalk Over And Across A Part Of Lot 1-1-1-1-1 Of
Hawkeye Stock Farm In Sections 27 And 28, Dubuque
Township, In The City Of Dubuque, Dubuque County, Iowa
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
MVM Memo Acceptance of Grant of Easement for Public Sidewalk from Kennedy
Mall, Ltd
2. 1 memo for acceptance of grant of easement cafaro 7 brew
3. 2 resolution accept grant of easement cafaro 7 brew
4. 3 grant of sidewalk ease cafaro 7 brew signed
Page 193 of 1061
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 Grant of Easement for Public Sidewalk from Kennedy Mall,
Ltd.
DATE: July 14, 2026
City Engineer Gus Psihoyos is recommending City Council acceptance of a Grant of
Easement for Public Sidewalk, over and across part of Lot 1-1-1-1-1 of Hawkeye Stock
Farm in Sections 27 and 28, Dubuque Township, in the City of Dubuque, Dubuque
County, Iowa, from property owner Kennedy Mall, Ltd. (Cafaro Company), for a
sidewalk extension along JFK Road associated with the Seven Brew Coffee Shop site
development in the Kennedy Mall complex. The site and subject sidewalk are located in
the area of the southwest quadrant of the intersection of JFK Road and Stoneman
Road.
Typically public sidewalks are located within City owned street right of way. Due to limited
existing right of way within this area of the JFK corridor, it was necessary for the subject
sidewalk improvements along JFK Rd. to be located on private property owned by the
Kennedy Mall, Ltd. (Cafaro Company). As such, Kennedy Mall Ltd. was required to grant
a sidewalk easement to the public. Kennedy Mall Ltd. has signed the grant of easement
document attached.
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 194 of 1061
Dubuque
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TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Acceptance of Grant of Easement for Public Sidewalk from Kennedy Mall, Ltd.
DATE: July 9, 2026
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a Grant of Easement for Public
Sidewalk, over and across part of Lot 1-1-1-1-1 of Hawkeye Stock Farm in Sections 27 and 28,
Dubuque Township, in the City of Dubuque, Dubuque County, Iowa, from property owner
Kennedy Mall, Ltd. (Cafaro Company), for a sidewalk extension along JFK Road associated
with the Seven Brew Coffee Shop site development in the Kennedy Mall complex. The site
and subject sidewalk are located in the area of the southwest quadrant of the intersection of
JFK Road and Stoneman Road.
BACKGROUND
Kennedy Mall, Ltd. is the owner of the Kennedy Mall complex at 555 JFK Road. The City
recently reviewed and approved plans for a Seven Brew drive thru coffee shop in the outlot
area at the northeast corner of the mall complex. A sidewalk extension along the JFK Rd.
frontage of the outlot area is included in the approved plans.
DISCUSSION
Typically public sidewalks are located within City owned street right of way. Due to limited
existing right of way within this area of the JFK corridor, it was necessary for the subject
sidewalk improvements along JFK Rd. to be located on private property owned by the
Kennedy Mall, Ltd. (Cafaro Company). As such, Kennedy Mall Ltd. was required to grant a
sidewalk easement to the public. Kennedy Mall Ltd. has signed the grant of easement
document attached.
RECOMMENDATION
I recommend accepting the Grant of Easement for Public Sidewalk, over and across part of Lot
1-1-1-1-1 of Hawkeye Stock Farm in Sections 27 and 28, Dubuque Township, in the City of
Dubuque, Dubuque County, Iowa, from property owner Kennedy Mall, Ltd. for the proposed
public sidewalk extension along the JFK Rd. frontage of the Seven Brew site.
ACTION TO BE TAKEN
I respectfully request acceptance of the dedication of Grant of Easement for Public Sidewalk
from Kennedy Mall, Ltd. through the adoption of the enclosed resolution.
Prepared by Nate Kieffer, CE III, PE/PLS
1
Page 195 of 1061
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
I M,isllLIj11[0►■►[a]�F��:
ACCEPTING A GRANT OF EASEMENT FOR PUBLIC SIDEWALK OVER AND
ACROSS A PART OF LOT 1-1-1-1-1 OF HAWKEYE STOCK FARM IN
SECTIONS 27 AND 28, DUBUQUE TOWNSHIP, IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA
Whereas, Kennedy Mall, Ltd. has executed a Grant of Easement for Public
Sidewalk, over and across part of Lot 1-1-1-1-1 of Hawkeye Stock Farm in
Sections 27 and 28, Dubuque Township, in the City of Dubuque, Dubuque County,
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 Public Sidewalk, over and
across Part of Lot 1-1-1-1-1 of Hawkeye Stock Farm in Sections 27 and 28,
Dubuque Township, in the City of Dubuque, Dubuque County, Iowa, from Kennedy
Mall, Ltd., 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.
Section 3. That the City Clerk be and is hereby authorized and directed to record
a certified copy of this resolution in the offices of the City Assessor, Dubuque
County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 201h day of July, 2026.
Attest:
(
Adrienne N. Breitfelder, City Clerk
Prepared by: Nate Kieffer, PLS, City of Dubuque, 50 W. 13`h Street, Dubuque, IA 52001 (563) 589-4270
Retum to: Nate Kieffer, PLS, City of Dubuque, 50 W. 13'h Street, Dubuque, IA 52001 (563) 589-4270
GRANT OF EASEMENT FOR PUBLIC SIDEWALK
For and in consideration of the sum of One Dollar ($1.00) and other good and
valuable consideration, KENNEDY MALL, LTD. ("Grantor") a limited liability
company, duly organized and existing under the laws of the State of Ohio, having a
taxpayer mailing address of P.O. Box 2227, Youngstown, Ohio 44504, does hereby
grant to the CITY OF DUBUQUE, IOWA ("Grantee"), a municipal corporation, its
agents and contractors, from the date hereof, a nonexclusive right-of-way and
easement on and across the following described real estate situated in Dubuque,
Iowa, to wit:
A part of Lot 1-1-1-1-1 of Hawkeye Stock Farm in Sections 27 and 28, Dubuque
Township, in the City of Dubuque, Dubuque County, Iowa, containing 1,353
square feet, as shown on Exhibit A attached hereto and by reference made a
part hereof.
Said easement as depicted on attached `Easement Exhibit' shall be for the sole
purpose of a public sidewalk for pedestrian travel.
Maintenance and repair of the existing public sidewalk shall be the responsibility of
Kennedy Mall, Ltd., its successors or assigns as required by City Code Section 10-1-
2 Sidewalk Installation and Repair.
Grantor retains all of its interest in the easement area, subject to Grantee's interest
as herein granted, and the rights to use, develop and enjoy Grantor's land and the
easement area in any manner that is not inconsistent with or does not unreasonably
interfere with the rights herein granted to Grantee. Grantee shall not interfere with
the use, development or enjoyment of the easement area or Grantor's land.
Grantor hereby reserves the right to shift or relocate the easement at any time at
Grantor's sole cost and expense to a comparable location, with specifications
compliant with City Code Section 10-1-2. Absent a separate agreement to the
Page 197 of 1061
contrary, except for the location of the easement, all terms, covenants, and
conditions of the easement will remain in effect.
Nothing stated herein shall be or be deemed to constitute a gift or dedication of any
portion of Grantor's property to the general public, it being the intention of the Grantor
and Grantee that the easement shall be strictly limited to and for the purposes
expressed herein.
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, subject to all encumbrances, rights and other matters of record, and have
good right to execute this agreement.
The easement herein granted is subject to any and all easements, encumbrances,
exceptions, conditions, covenants, reservations, restrictions, rights, and all other
matters of record and to any and all existing structures and uses, and does or may
parallel or cross existing or future easements for other utilities.
Dated at �A this I `n day of 1l tl1 i1 .2026.
Kennedy Mall, Ltd., LLC
ip
By: By. z
Print: �11 t hc.nv'(Y1. l l.tT er0 t f • Print: a
Its: Authorized Agent Its: Authorized Agent
[Acknowledgment appears on the following page]
07062022rnk
Page 198 of 1061
ALL PURPOSE ACKNOWLEDGMENT
STATE OF OHIO )
)S.
COUNTY OF TRUMBULL )
On this � I -"h day of JUf)k , 2026, before me, the
ndersigned, a Notary Public in and for said County and State, personally appeared
and 1�,i►�1i �m j.'(Y1�Y��rrrl�►�a known to me to be the
Authoriz d Agents of KENNEDY MALL, LTD., the partnership which
executed the foregoing instrument, who did say that said instrument was
signed on behalf of the partnership by its authority and the said Authorized
Agents acknowledged the execution of said instrument which signature appears
hereon to be the voluntary act and deed of the partnership and by it voluntarily
executed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal at
KMOC . r)�lr� , this 1-)," day of:hn^ .2026.
(Notary Seal)
Nina M. Seifert ffm
.IAt(Signature)
Notary Public, State of Ohio � l /L�
My Commission Expires
July 4, 2028 `
I��1r1A SQ t' e lr�' (Print/Type Name)
Notary Public in and for State of Ohio
CAPACITY CLAIMED BY SIGNER
_ INDIVIDUAL
X CORPORATE OFFICER(S) Authorized Agents (Title)
(CORP SEAL) SIGNER IS REPRESENTING
AFFIXED Kennedy Mall, Ltd.
X NO SEAL PROCURED
PARTNER(S) LIMITED GENERAL
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
Dated at Lkhi hh►'t1 Ohio this I � i � day of
202' L
Page 199 of 1061
INDEX LEGEND
SURVEYOR'S NAME 1 RETURN TO:
ERIN D. GRIFFIN
SNYDER 8 ASSOCIATES, INC.
2727 S.W. SNYDER BLVD
ANKENY. IOWA 50023
515-964-2020
EGRIFFIN @SNYDER-ASSOCIATES.COM
SERVICE PROVIDED BY:
SNYDER 8 ASSOCIATES, INC.
SURVEY LOCATED_
PT. LOT 1 OF 1 OF 1 OF 1 OF 1
HAWKEYE STOCK FARM
SECTION 28-89N-02W
REQUESTED BY
7 BREW IOWA, LLC
EASEMENT EXHIBIT
PEDESTRIAN EASEMENT DESCRIPTION
A PART OF LOT 1 OF LOTt OF LOT 1 OF LOT 1 OF LOT 1 OF HAWKEYE STOCK FARM. AN OFFICIAL PLAT, NOW INCLUDED IN AND
FORMING A PART OF THE CITY OF DUBUQUE. DUBUQUE COUNTY. IOWA AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 8, YIANNIAS PLACE, AN OFFICIAL PLAT; THENCE NORTH 88'34'54' WEST, 70 99
FEET TO THE WEST RIGH-OF-WAY LINE OF JOHN F KENNEDY ROAD AS PRESENTLY ESTABLISHED AND TO THE POINT OF
BEGINNING: THENCE SOUTHEASTERLY ALONG SAID WEST LINE AND ALONG A CURVE CONCAVE EAST WHOSE RADIUS IS 988.00
FEET, WHOSE ARC LENGTH IS 7319 FEET, AND WHOSE CHORD BEARS SOUTH 21.21'19" FAST, 73 17 FEET; THENCE SOUTH
6"'21' WEST 15.00 FEET- THENCE NORTHWEST ALONG A CURVE CONCAVE EAST WHOSE RADIUS IS 1.003.00 FEET. WHOSE ARC
LENGTH IS 5765 FEET. AND WHOSE CHORD BEARS NORTH 21'49'52' WEST, 57.64 FEET, THENCE NORTH 59'55107' WEST. 2056.
FEET; THENCE NORTH 00'3418" WEST, 1097 FEET TO THE NORTH RIGHT-OF-WAY LINE OF STONEMAN ROAD AS PRESENTLY
ESTABLISHED; THENCE SOUTH 88'34'54' EAST ALONG SAID NORTH LINE, 26.46 FEET TO THE POINT OF BEGINNING AND
CONTAINING 0.03 ACRES (1,353 S-F)
PROPERTY SUBJECT TO ANY AND ALL EASEMENTS OF RECORD.
DATE OF SURVEY
NOVEMBER 13, 2025
OWNER
7 BREW IOWA. LLC
FEATURES
FOUND SET
PLSS Section Corner
♦ A
Land Survey Monument
• O
(112" Reber YPC 0 19710
Unless Other -se Noted)
R.O.W. Rail
'z
Centedine Reference Monument
♦ O
(Cut "X" Unless Othenviee Noted)
Calculated Comer
Platted Distance
P
-
ERIN D,
Measured Beadng 8 Distance
M
GRIFFIN
Recorded As
R
Deed Distance
D
9710
Calculated Distance
Yet lour Plastic Cap
Centedina
Section Lim
C
YPC
—
114 Section Llne — — —
114 14 Section Lee — - - - —
Easernent Line
PT. HAWKEYE STOCK FARM
EASEMENT EXHIBIT
SNYDER
•AfrtdA"M
1 rrerotly !"I he :and sv--yla7 x❑ —d
waa P 1p w aW !nu,eUloO 1-0, —M -.1
pwie'rr od ?I mar Jr ono- •ny dmorl ip—n:4
w. ernsrd r4 :hat i am a duty bon'.ed
Prodeaarorlat ;..1nd Sr.rvayar undw and IaM of 61e
State of Iowa.
Erin D. Griffin. PLS Date
License Number 19710
My License Renewal Data is December 31. 2025
Pages or sheets moaned by this seat
Ch— 1 and 7 o12
SHEET 1 OF 2
IS 1V SNYDER
ANKENY, IOWA
PN: 125 0896.01
T-RS:89N-02W-28
DATE: 11-13-2025
PMTTECH: EDGDCG
Page 200 of 1061
EASEMENT EXHIBIT
ZNEMAN
ROAo
sga•3t Point OF Beginning
34 �
g.q6
NO"34.16w
10.9T 441. 1y86,u�gg
N59'55. 72
20 56' I
1
UI
PEDESTRIAN
EASEMENT 1 1
`,
..
S66'31•ziw1 m
`f1PNN�LplatOt uti�+
15.00, R+
Re'saas 20g9 flp4116
p
F de
O
O
f Of
O
of 1 �-� FL�F AL
Ai;
C'd2
N
30
0
FEET
l Southerly Comer
Lot 1.11 Ylennles Place
Fnd Cut'X' In Concrete
PT. HAWKEYE STOCK FARM
SHEET OF
EASEMENT EXHIBIT
P-R-S:a N-02 1
TA-S:69N-02W-26
S N Y QE R
272A S.W. SNYDER BLVD
ANKENY, IOWA 50023
DATE: 11-13-2025
�AlwC1A�fF
515-964-2020
PWTECH: EDGIDCG
.+�o�m•n� e,raoe,.s.n�.wu..�
CURVE TABLE
CURVE NO.
A
RADIUS
ARC LENGTH
TANGENT
CHORD BEARINGILENGTH
C1M
16'07'i6'
922.OD'
259.42'
1305T
N26'S0'S2w 256.56'
C1 R
18"07'17"
922.00'
259.42'
N2B'59'36'W 256.57'
C2
4'14'40"
9e8.00'
73.19'
38.61'
S21'2'I'19'E 73.17'
C3
3'17'35"
1003 00'
S7.85'
28 63'
N21'49'S2w 57.64'
Page 201 of 1061