Grant of Embankment Easement to Holy Family Catholic Schools Dubuque, IowaCity of Dubuque
City Council
PUBLIC HEARINGS # 2.
Copyrighted
September 8, 2026
ITEM TITLE: Grant of Embankment Easement to Holy Family Catholic
Schools Dubuque, Iowa
SUMMARY: Proof of publication on notice of public hearing to consider
City Council adopt a resolution approving the Grant of
Embankment Easement to Holy Family Catholic Schools,
Dubuque, Iowa, and for the disposal of City interest for the
proposed earthen sports field embankment encroachment on
City property, and City Manager recommending approval.
RESOLUTION Disposing Of City Interest By Grant Of An
Embankment Easement To Holy Family Catholic Schools,
Dubuque, Iowa, Part Of Lot 1 Of Mineral Lot 383 All In The
City Of Dubuque, Iowa
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
1. MVM Memo Grant of Embankment Easement to Holy Family Catholic Schools
Dubuque, Iowa
2. Staff Memo
3. Resolution
4. Previously adopted resolution of intent dispose hfcs embankment ease
5. Grant of Embankment Easement
6. Area map hfcs grant of embankment ease
THE CITY OF
Dubuque
DuBE
uFA�a9a av
Masterpiece on the Mississippi
rP PP
zoo�•*o 13
2017202019
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Grant of Embankment Easement to Holy Family Catholic Schools
Dubuque, Iowa
DATE: August 31, 2026
Acting City Engineer Nate Steffen is recommending City Council adopt a resolution
approving the Grant of Embankment Easement to Holy Family Catholic Schools,
Dubuque, Iowa, and for the disposal of City interest for the proposed earthen sports field
embankment encroachment on City property.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
1�,A� k�4 S4-zn"
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Bob Schiesl, Assistant City Engineer
Nate Steffen, PE, Acting City Engineer
Nate Kieffer, CE III, PE/PLS
THE CITY OF
DUB E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Nathan Steffen, PE, Acting City Engineer
Dubuque
MI-Amerin 04
2007-2012.2013
2017*2019
SUBJECT: Grant of Embankment Easement to Holy Family Catholic Schools
Dubuque, Iowa
DATE: August 24, 2026
INTRODUCTION
This is in response to a request from Holy Family Catholic Schools, Dubuque, Iowa
(HFCS) for the granting of an Embankment Easement across City owned property in
Veterans Memorial Park as part of a proposed Wahlert campus improvements project.
DISCUSSION
HCFS is currently planning a large-scale campus improvement project affecting most of
the Wahlert campus north of the existing school building complex. The improvements
include site grading, new tennis courts, baseball fields, football field, track and field
facilities, practice field, and storm water detention facilities. As part of their campus
redevelopment plans, they have proposed an earthen embankment to be located on the
disc golf course area of the city park. The earthen embankment will support the proposed
football field and track. All appropriate City staff including the parks department have
reviewed and approved of the plan and easement.
The attached grant of easement document defines responsibilities for HFCS and the City
as follows:
HFCS Responsibilities-
• Per plans reviewed and approved by Grantor, perform all grading and restoration
work to City standards.
• Provide all necessary insurance and indemnification for all construction work
performed on Grantor property.
• Ensure the site is restored to Grantor's satisfaction upon completion, including
trees and associated landscaping per the site plans reviewed and approved by
Grantor.
• Be responsible for any defects or settling that occur in the Easement Area for a
warranty period of two years.
City Responsibilities -
• Maintain the surface of the embankment
• Reserve/have free enjoyment of use of Easement Area for uses compatible with a
public park as well as right to install utilities above and below ground.
HFCS has signed the Acceptance of Easement included in the Grant of Embankment
Easement attached agreeing to the terms and conditions listed above.
Due to a tight construction timeline, the City and HFCS have entered into the attached
Site Access Agreement to begin the embankment work contemplated in the grant of
easement.
On August 17, 2026, the City Council approved Resolution No. 313-26 setting a public
hearing for September 8th, 2026 for consideration of this request.
RECOMMENDATION
I would recommend that the Grant of Embankment Easement to HFCS over the City
owned property in Veterans Memorial Park be forwarded to City Council to be approved.
ACTION REQUESTED
The attached resolution should be submitted to the City Council for consideration for the
disposal of City interest and the granting of an embankment easement to Holy Family
Catholic Schools, Dubuque, Iowa, for the proposed an earthen sports field embankment
encroachment on City property.
Prepared by Nate Kieffer, CE III, PE/PLS
cc: Bob Schiesl, Assistant City Engineer
2
Prepared by: Nate Kieffer City of Dubuque 50 W. 13`h Street Dubuque IA 52001 (563) 589-4270
Return to: Adrienne N. Breitfelder. City Clerk 50 W. 13'" Street Dubuque IA 52001 (563) 589-4100
RESOLUTION NO. 340-26
RESOLUTION DISPOSING OF CITY INTEREST BY GRANT OF AN EMBANKMENT
EASEMENT TO HOLY FAMILY CATHOLIC SCHOOLS, DUBUQUE, IOWA, PART OF
LOT 1 OF MINERAL LOT 383 ALL IN THE CITY OF DUBUQUE, IOWA
Whereas, Holy Family Catholic Schools, Dubuque, Iowa (HFCS) has requested a
Grant of Embankment Easement across PART OF LOT 1 OF MINERAL LOT 383 ALL IN
THE CITY OF DUBUQUE, IOWA, for constructing and maintaining an earthen sports field
embankment for lateral support; and
Whereas, Origin Design has prepared and submitted to the City Council an exhibit
showing the easement area for the proposed earthen sports field embankment across
PART OF LOT 1 OF MINERAL LOT 383 ALL IN THE CITY OF DUBUQUE, IOWA; and
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the
City of Dubuque, Iowa on the 21 st day of August, 2026, the City Council of the City of
Dubuque, Iowa met on this 8th day of September, 2026, at 6:30 p.m. in the Historic
Federal Building, 350 W. 6' Street, Dubuque, Iowa, to consider the proposal for the
granting of easement across City owned property described as:
LOT 1 OF MINERAL LOT 383 ALL IN THE CITY OF DUBUQUE, IOWA,- and
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections,
oral or written to the proposed granting of easement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Grant of Embankment Easement to Holy Family Catholic Schools,
Dubuque, Iowa across PART OF LOT 1 OF MINERAL LOT 383 ALL IN THE CITY OF
DUBUQUE, IOWA, as shown on the attached Exhibit A, be and the same is hereby
approved.
Section 2. That the Mayor be authorized and directed to execute the Grant of
Embankment Easement and the City Clerk be and is hereby authorized and directed
to deliver said Grant of Embankment Easement to Holy Family Catholic Schools, Dubuque,
Iowa.
Section 3. That the City Clerk be and is hereby authorized and directed to record the
Grant of Embankment Easement in the office of the Dubuque County Recorder.
Passed, approved and adopted this 8th day of September, 2026.
.• gh, Mayor
Attest:
Adrienne N. Breitfelde , City Clerk
Prepared by Nate Kieffer City of Dubuque Engineering 50 W. 131h Street Dubuque IA 52001 (563) 589-4270
Return to Adrienne N. Breitfelder, City Clerk 50 W. 131h Street Dubuque IA 52001 (563) 589-4100
RESOLUTION NO. 313-26
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST BY GRANT OF
EMBANKMENT EASEMENT TO HOLY FAMILY CATHOLIC SCHOOLS, DUBUQUE,
IOWA, ACROSS PART OF LOT 1 OF MINERAL LOT 383 ALL IN THE CITY OF
DUBUQUE, IOWA
Whereas, Holy Family Catholic Schools, Dubuque, Iowa (HFCS) has requested a
Grant of Embankment Easement across PART OF LOT 1 OF MINERAL LOT 383 ALL IN
THE CITY OF DUBUQUE, IOWA, for constructing and maintaining an earthen sports field
embankment for lateral support; and
Whereas, Origin Design has prepared and submitted to the City Council an exhibit
showing the easement area for the proposed earthen sports field embankment across
PART OF LOT 1 OF MINERAL LOT 383 ALL IN THE CITY OF DUBUQUE, IOWA.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to grant Storm Water Detention
Basin and Sports Field Easement to HFCS across PART OF LOT 1 OF MINERAL LOT
383 ALL IN THE CITY OF DUBUQUE, IOWA, as shown on the attached Exhibit A.
Section 2. That a public hearing on the intent to dispose of City interest by Grant
of Storm Water Detention Basin and Sports Field Easement to HFCS across PART OF
LOT 1 OF MINERAL LOT 383 ALL IN THE CITY OF DUBUQUE, IOWA, is hereby set for
the 8th day of September 2026, at the Historic Federal Building (and/or by virtual means),
350 W. 6t' Street, Dubuque, Iowa, beginning at 6:30 p.m., and the City Clerk be and is
hereby authorized and directed to cause a notice of public hearing on the intent to dispose
of said interest to be published in the manner as prescribed by law.
Passed, approved and adopted this 171h day of August 2026.
Brad M. Cavaiag"ayor
Attest:
, 41
Adrienne N. Breitfelder, City Clerk
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PROPOSED KEYED NOTES
1. TENNIS COURT (FUTURE)
2. SOFTBALL FIELD (FUTURE)
3. BASEBALL FIELD (FUTURE)
4. TRACK & FIELD (FUTURE)
5. TRACK THROWING AREA (FUTURE)
6. PRACTICE FIELD
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Sheet Title
PROPOSED
CONDITIONS
C1,20
Doc ID: 011562830014 Type: GEN
Kind: EASEMENT
Recorded: 09/11/2026 at 10:48:44 AM
Fee Amt: $72.00 Paqe 1 of 14
Dubuque County Iowa
Ann E. Sweeney Recorder
File 2026-00010247
Prepared by: Nate Kieffer 50 W. 13th Street Dubuque Iowa 52001 (563-589-4270)
Return to: Nate Kieffer 50 W. 131" Street Dubuque Iowa 52001 (563-589-4270)
GRANT OF EMBANKMENT EASEMENT
For and in consideration of the sum of One Dollar ($1.00) and other good and
valuable consideration, the receipt whereof is hereby acknowledged, the City of
Dubuque ("Grantor"), of Dubuque County, State of Iowa, does hereby grant, sell and
convey to Holy Family Catholic Schools, Dubuque, Iowa ("Grantee"), its lessees,
licensees, successors and assigns, from the date hereof, a non-exclusive easement
(the Embankment Easement) through, under and across the following described real
estate situated in Dubuque, Iowa, to wit:
PART OF LOT 1 OF MINERAL LOT 383 ALL IN THE CITY OF DUBUQUE, IOWA
Said Embankment Easement shall be as shown on the attached Easement Exhibit A
(the Easement Area), for the purpose of constructing and maintaining an earthen
sports field embankment for lateral support as shown in the approved Site Plan on
file with the City Engineer (the Improvements), along with the right, privilege and
authority to survey, inspect, construct, reconstruct, alter, maintain, repair, replace,
patrol and remove said Improvements. Along with the right to occupy the temporary
easement area(s) as shown on the attached Easement Exhibit A until the completion
of the Improvements. The temporary easement shall expire after completion and
inspection of the Improvements by City.
Grantee, its successors and assigns, agrees to pay for any damage caused to the
land, fences, or other personal property of Grantor from the construction or
maintenance of said Improvements. Notwithstanding the foregoing, Grantor shall be
solely responsible for the maintenance of any improvements it constructs in the
Easement Area. Grantor, its successors and assigns, agrees to pay for any damage
caused to Grantee's Improvements from the construction or maintenance of any such
additional improvements by Grantor in the Easement Area.
07302026
DA6�txe C,� - la-ello W
Grantee's Additional Responsibilities:
• Per plans reviewed and approved by Grantor, perform all grading and
restoration work to City standards.
• Provide all necessary insurance and indemnification for all construction work
performed on Grantor property.
• Ensure the site is restored to Grantor's satisfaction upon completion, including
trees and associated landscaping per the site plans reviewed and approved
by Grantor.
• Be responsible for any defects or settling that occur in the Easement Area for
a warranty period of two years.
Grantor's Additional Responsibilities:
• Maintain the surface of the embankment
• Reserve/have free enjoyment of use of Easement Area for uses compatible
with a public park as well as right to install utilities above and below ground.
If either party fails to maintain its respective Improvements, as defined above, after
written notice to such party, the non -defaulting party may take such action as it deems
necessary and submit any costs and expenses for such maintenance to the defaulting
party, which party shall reimburse the non -defaulting party for such costs and
expenses promptly upon receipt of a statement for such costs and expenses.
Grantor reserves unto itself the perpetual right in the Easement Area for the purpose
of erecting, installing, constructing, reconstructing, maintaining, owning, operating
and repair of storm and sanitary sewers, watermain, gas, telephone, television, fiber
optics cable, and electrical lines above or below said private Improvements as such
utilities would not interfere with the existence and maintenance of the Improvements.
Indemnification. Grantee shall defend, indemnify and hold harmless Grantor, its
officers, agents and employees from and against any claim and cost of any kind,
including without limitation, attorneys' fees and consulting fees, arising out any
surveying, inspection, construction, reconstruction, alteration, replacement,
maintenance, repair, patrol or removal of said Improvements. This obligation shall
survive the termination of this Grant of Easement. Grantor shall defend, indemnify
and hold harmless Grantee, its officers and employees from and against any claim
and cost of any kind, including without limitation, attorneys' fees and consulting fees,
arising out Grantor's negligence in the performance of this Grant of Easement.
Insurance. Grantee shall provide insurance as set forth in the attached Insurance
Schedule during surveying, inspection, construction, reconstruction, alteration
replacement, maintenance, repair, patrol or removal of said Improvements.
Modification and Termination. This Grant of Embankment Easement may not be
modified or terminated except by written agreement of the parties.
2
To have and to hold unto the said Grantee forever, and the undersigned does hereby
expressly covenant that Grantor is the owner in fee of said real estate and has good
right to execute this Grant of Embankment Easement.
�
Dated at Dubuque, Iowa this day of Seem `L)Qr , 2026.
[SIGNATURE PAGES TO FOLLOW]
3
CITY OF DUBUQUE
By'
Brad M. Cav gh, Mayor
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this 2 day of ff(P cr , 2026 before me, the undersigned, a Notary
Public in and for said County, in said State, personally appeared Brad M. Cavanagh,
Mayor of the City of Dubuque, who executed the within and foregoing instrument and
acknowledged that he executed the same as his voluntary act and deed on behalf of
the Grantor.
ADRIENNE N. BREITFELDER Notary Public In and For Said State
,,�•' .,,
Commission Number 428M
,,.,. My Comm. UP.
ll
ACCEPTANCE OF EASEMENT
Holy Family Catholic Schools, Dubuque, Iowa accepts the terms and conditions of
the Grant of Easement.
Holy Family Catholic Schools, Dubuque, Iowa
By:
Phill' Bormann, C ief Administrator
NOTARY PUBLIC
STATE OF IOWA )
) SS.
COUNTY OF DUBUQUE )
On this " day of , 2026, before me, the undersigned, a Notary
Public in and for said County, in said State, personally appeared Phillip Bormann,
who executed the within and foregoing instrument and acknowledged that he/she
executed the same as his/her voluntary act and deed on behalf of Holy Family
Catholic Schools, Dubuque, Iowa. L"
TRACi`Y L. CKLEIN
Notary Public nd For Said State
AS r, STE
Coffin mission Number 776016
ow My C Expires
EXHIBIT A
EASEMENT EXHIBIT A
PERMANENT GRADING AND MAINTENANCE EASEMENT AND TEMPORARY GRADING
EASEMENT ON PART OF LOT 1 OF MINERAL LOT 383 IN THE CITY OF DUBUQUE, IOWA
I
EX PERMANENT DETENTION BASIN EASEMENT
fCURRENT TEMPORARY EASEMENT
FOR DETENTION BASIN GRADING
LOT 1 OF
N70°28'09"E MINERAL LOT 383
OWNER: CITY OF DUBUQUE
I31.35' J` S82.35-03"
I E
151,4T S73'10'50"E
I p35aj 27.30'
N1p�• S �•22'2v
�O B� Olt,
oL
106.90' •�• • a
O a
POB
NORTHEAST CORNER OF LOT 1-1 •�
IN ST. MARY'S PLACE � • d0 'c�,
TEMPORARY \
PERMANENT GRADING AND y� 10 GRADING '
MAINTENANCE EASEMENT o EASEMENT
15,888 SQ. FT. �s� • m 32,701 SO. FT. \j
LOT 1-1, ST. MARYS PLACE Ul
OWNER: HOLY FAMILY fn
O /w0 N
BEGINNING AT THE NORTHEAST
THENCE SOUTH 85'29'16" WEST
SAID LOT 1-1, 108.90 FEET;
THENCE NORTH 53'10'11" EAST, 70.30 FEET;
THENCE NORTH 70'28'09" EAST, 31.35 FEET;
THENCE SOUTH 73'10'50" EAST, 27.30 FEET;
THENCE SOUTH 53'05'51" EAST, 68.00 FEET;
THENCE SOUTH 29'01'25" EAST, 80.00 FEET;
THENCE SOUTH 10'15'52" EAST, 89.00 FEET;
THENCE SOUTH 10'54'41" WEST, 76,09 FEET;
THENCE SOUTH 12'35'44" EAST, 26.31 FEET, TO THE
EASTERLY LINE OF SAID LOT 1-1;
THENCE NORTH 21'33'44" WEST, 282.36 FEET, ALONG SAID EASTERLY LINE TO
THE POINT OF BEGINNING; CONTAINING 15,966 SQUARE FEET MORE OR LESS.
SURVEYOR'S NOTES:
1. PROPRIETOR: CITY OF DUBUQUE.
2. SURVEY WAS COMPLETED FOR HOLY FAMILY
3. BEARINGS ARE REFERENCED TO IOWA STATE PLANE NORTH
ZONE, NAD83(2011)
4. THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS,
RESTRICTIONS AND RIGHTS OF WAY OF RECORD AND NOT OF
RECORD.
5. TOTAL AREA OF PERMANENT EASEMENT IS 15,868 SQ. FT.
POB
LEGEND
EXISTING PROPERTY
PROPOSED EASEMENT
POINT OF BEGINNING
RECORDED AS
FOUND 5/8' REBAR
UNLESS OTHERWISE NOTED
CORNER OF LOT 1.1 IN ST. MARYS PLACE;
S12°35'44"E
26.31'
I`
NORTH
GRAPHIC SCALE
0 60 120
1"=60'
DRAWING MAY HAVE BEEN REDUCED
INSURANCE SCHEDULE
INSURANCE SCHEDULE A
HFCS (licensee) shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for
the coverage required in Exhibit I prior to the lease, license, or permit commencement. All
lessees of City property and right of way licensees or permittees shall submit an updated
certificate annually. Each certificate shall be prepared on the most current ACORD form approved
by the Iowa Insurance Division or an equivalent. Each certificate shall include a statement under
Description of Operations as to why the certificate was issued. Lease Agreement dated
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in
Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide.
HFCS shall have the right to self -insure any or all of the coverages below.
3. Each certificate shall be furnished to the Finance Department of the City of Dubuque.
4. The lessee, licensee, or permittee shall be required to carry the minimum coverage/limits, or
greater if required by law or other legal agreement, in Exhibit I. Failure to provide the required
minimum coverage shall not be deemed a waiver of such requirements by the City of Dubuque.
5. Failure to obtain or maintain the required insurance shall be considered a material breach of the
lease, license, or permit.
6. All required endorsements shall be attached to the certificate. The certificate is due before the
contract/agreement can be approved.
7. Whenever a specific ISO form is referenced the current edition of the form must be used unless
an equivalent form is approved by the Chief Financial Officer. The lessee, licensee, or permittee
must identify and list in writing all deviations and exclusions from the ISO form.
8. If lessees, licensees, or permittee limits of liability are higher than the required minimum limits
then the lessee's, licensee's, or permittee's limits shall be this agreement's required limits.
9. Lessee, licensee, or permittee shall require all subcontractors and subcontractors to obtain and
maintain during the performance of work insurance for the coverages described in this Insurance
Schedule. Lessee, licensee, or permittee agrees that it shall be liable for the failure of a
subcontractor and sub -subcontractor to obtain and maintain such coverage
10. Lessee, license & permittees shall be responsible for deductibles and self -insured retention and
for payment of all policy premiums and other costs associated with the insurance policies
required below.
11. All certificates of insurance must include the agent's name, phone number and email address.
12.
13. The City of Dubuque reserves the right to modify these requirements, including limits, based on
changes in risk or other special circumstances during the term of the agreement, subject to the
written mutual agreement attached hereto.
7
INSURANCE SCHEDULE A (Continued)
EXHIBIT I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products -Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit (any one occurrence) $50,000
Medical Payments $5,000
1)
2) Include endorsement indicating that coverage is primary and non-contributory.
3) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Policy shall include Waiver
of Right to Recover from Others Endorsement.
B)
E) RIGHT-OF-WAY WORK ONLY:
U M B RELLA/EXC ES S $5,000,000
* Yes No
The General Liability, Automobile Liability and Employer's Liability insurance
requirements may be satisfied with a combination of primary and Umbrella or Excess
Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of
the primary policies, it shall include the same endorsements as required of the primary
policies including but not limited to Waiver of Subrogation AND Primary and Non-
contributory in favor of the City.
SPECIMEN
Prepared by: Nate Kieffer City of Dubuque 50 W 13`" Street Dubuque IA 52001 (563) 589-4270
Return to: Adrienne N. Breitfelder. City Clerk 50 W. 13" Street Dubuque IA 52001 (563) 589-4100
RESOLUTION NO. 340-26
RESOLUTION DISPOSING OF CITY INTEREST BY GRANT OF AN EMBANKMENT
EASEMENT TO HOLY FAMILY CATHOLIC SCHOOLS, DUBUQUE, IOWA, PART OF
LOT 1 OF MINERAL LOT 383 ALL IN THE CITY OF DUBUQUE, IOWA
Whereas, Holy Family Catholic Schools, Dubuque, Iowa (HFCS) has requested a
Grant of Embankment Easement across PART OF LOT 1 OF MINERAL LOT 383 ALL IN
THE CITY OF DUBUQUE, IOWA, for constructing and maintaining an earthen sports field
embankment for lateral support; and
Whereas, Origin Design has prepared and submitted to the City Council an exhibit
showing the easement area for the proposed earthen sports field embankment across
PART OF LOT 1 OF MINERAL LOT 383 ALL IN THE CITY OF DUBUQUE, IOWA; and
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the
City of Dubuque, Iowa on the 21 st day of August, 2026, the City Council of the City of
Dubuque, Iowa met on this 8th day of September, 2026, at 6:30 p.m. in the Historic
Federal Building, 350 W. 6th Street, Dubuque, Iowa, to consider the proposal for the
granting of easement across City owned property described as:
LOT 1 OF MINERAL LOT 383 ALL IN THE CITY OF DUBUQUE, IOWA; and
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections,
oral or written to the proposed granting of easement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Grant of Embankment Easement to Holy Family Catholic Schools,
Dubuque, Iowa across PART OF LOT 1 OF MINERAL LOT 383 ALL IN THE CITY OF
DUBUQUE, IOWA, as shown on the attached Exhibit A, be and the same is hereby
approved.
Section 2. That the Mayor be authorized and directed to execute the Grant of
Embankment Easement and the City Clerk be and is hereby authorized and directed
to deliver said Grant of Embankment Easement to Holy Family Catholic Schools, Dubuque,
Iowa.
Section 3. That the City Clerk be and is hereby authorized and directed to record the
Grant of Embankment Easement in the office of the Dubuque County Recorder.
Passed, approved and adopted this 8th day of September, 2026.
.• M-.,e- "vmfg-h, Mayor
Attest:
Adrienne N. BreitfeldeV, 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. 340-26 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 10th day of September 2026.
Adrienne N. Breitfelder, City Clerk
�IspoaC-
3 44)
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
08/21/2026
and for which the charge is 72.11
ad i7'
S scribed to Zore me, a Notary Public in and for
Dubuque County, Iowa,
this 21st day of August, 2026
4� - 41L
Notary ub is in an3 for Dubuque C unty, Iowa.
P,AC s JANET K. PAPE
oP Commission Number 199659
My Commission Expires
�wP 12/11/2028
Ad text
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the City Council of the
City of Dubuque, Iowa will hold a public hearing on the 8th
day of September 2026 at 6:30 p.m. in the Historic Federal
Building, 350 W. 6th Street, 2nd floor, Dubuque, Iowa, at
which meeting the City Council proposes to grant an Embankment
Easement over City of Dubuque real property to Holy Family
Catholic Schools, Dubuque, Iowa., said real property is more
particularly described as follows:
PART OF LOT 1 OF MINERAL LOT 383 ALL IN THE CITY OF DUBUQUE,
IOWA
At the meeting, the City Council will receive oral and
written comments from any resident or property owner of said
City to the above action. The official City Council agenda
will be posted the Friday before the meeting and will contain
public input options. The agenda can be accessed at
https://dubuqueia.portal.civicclerk.conV or by contacting the
City Clerk's Office at 563-589-4100,
ctyclerk@cityofdubuque.org.
Written comments on the public hearing may be submitted to
the City Clerk's Office by email at ctyclerk@cityofdubuque.org
or by mail to City Hall, 50 W. 13th St., Dubuque, IA 52001,
before the scheduled hearing. The City Council will review all
written comments at the time of the hearing.
Documents related to the public hearing are on file in the
City Clerk's Office and may be viewed Monday through Friday
between 8:00 a.m. and 5:00 p.m.
Individuals requiring special assistance should contact the
City Clerk's Office as soon as feasible. Deaf or
hard -of -hearing individuals can use Relay Iowa by dialing 711
or (800) 735-2942.
Published by order of the City Council given on the 17th day
of August 2026.
Adrienne N. Breitfelder, CMC City Clerk
RESOLUTION NO. 313-26
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST BY GRANT OF
EMBANKMENT EASEMENT TO HOLY FAMILY CATHOLIC SCHOOLS, DUBUQUE,
IOWA, ACROSS PART OF LOT 1 OF MINERAL LOT 383 ALL IN THE CITY
OF DUBUQUE, IOWA
Whereas, Holy Family Catholic Schools, Dubuque, Iowa (HFCS)
has requested a Grant of Embankment Easement across PART OF
LOT 1 OF MINERAL LOT 383 ALL IN THE CITY OF DUBUQUE, IOWA, for
constructing and maintaining an earthen sports field
embankment for lateral support; and
Whereas, Origin Design has prepared and submitted to the
City Council an exhibit showing the easement area for the
proposed earthen sports field embankment across PART OF LOT 1
OF MINERAL LOT 383 ALL IN THE CITY OF DUBUQUE, IOWA.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. "That the City of Dubuque intends to grant Storm
Water Detention Basin and Sports Field Easement to HFCS across
PART OF LOT 1 OF MINERAL LOT 383 ALL IN THE CITY OF DUBUQUE,
IOWA, as shown on the attached Exhibit A.
Section 2."That a public hearing on the intent to dispose of
City interest by Grant of Storm Water Detention Basin and
Sports Field Easement to HFCS across PART OF LOT 1 OF MINERAL
LOT 383 ALL IN THE CITY OF DUBUQUE, IOWA, is hereby set for
the 8th day of September 2026, at the Historic Federal
Building (and/or by virtual means), 350 W. 6th Street,
Dubuque, Iowa, beginning at 6:30 p.m., and the City Clerk be
and is hereby authorized and directed to cause a notice of
public hearing on the intent to dispose of said interest to be
published in the manner as prescribed by law.
Passed, approved and adopted this 17th day of August
2026.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
It 8/21