JF Kennedy Rd., Ease. BensonCITY OF DUBUQUE, IOWA
MEMORANDUM
July 9, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
John F. Kennedy Road - Reaffirming a Grant of Easement for Lateral
Support
Public Work Director Mike Koch is recommending that a resolution be executed
reaffirming the acceptance of a Grant of Easement for Lateral Support on John F.
Kennedy Road for the reconstruction project scheduled for 2001-2002.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
TO:
FROM:
SUBJECT:
July 5, 2001
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director
John F. Kennedy Road - Reaffirming A Grant of Easement for Lateral
Support
INTRODUCTION
Enclosed is a resolution reaffirming the acceptance of a Grant of Easement for Lateral
Support on John F. Kennedy Road for the reconstruction project scheduled for 2001-
2002.
DISCUSSION
The attached resolution corrects an error in the legal description on one of the lots
encumbered by the easement. In the previous resolution, Lot 2-2-1-3 of Helen E. and
Mary H. Stewart Subdivision was incorrectly listed as Lot 2-1-3.
Enclosed is a Grant of Easement for Lateral Support for parcels needed for the paving
project, and to provide necessary grading for the installation of sidewalks. Included are
the following:
Owner
Legal Description
Richard J. and Marie V. Benson
Lot 2-1-1-1-3 and Lot 2-2-1-3 in Helen
E. and Mary H. Stewart Subdivision
(Grant of Easement for Lateral Support)
RECOMMENDATION
The City has already purchased the above property, and the Grant of Easement for
Lateral Support should be accepted by the City Council. I would recommend adoption
of the enclosed resolution reaffirming the acceptance of the easement.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution affirming the Grant of
Easement for Lateral Support.
MAK/vjd
Prepared by Ronald J. Turner, P.L.S.
Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864
RESOLUTION NO. 313--01
A RESOLUTION RESCINDING RESOLUTION 261-01 AND REAFFIRMING
THE ACCEPTANCE OF A GRANT OF EASEMENT FOR LATERAL SUPPORT
FROM RICHARD J. AND MARIE V. BENSON
Whereas, the City of Dubuque entered into an agreement with Richard J. and
Marie V. Benson, pursuant to which Richard J. and Marie V. Benson agreed to grant an
easement over a part of Lot 2-1-1-1-3 and Lot 2-2-1-3 in Helen E. and Mary H. Stewart
Subdivision, in the City of Dubuque, Iowa, as shown on the Grant of Easement for
Lateral Support thereof; and
Whereas, Richard J. and Marie V. Benson have executed an easement over said
property.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Resolution No. 261-01 is hereby rescinded.
Section 2. The City Council of the City of Dubuque, Iowa, hereby approves of,
accepts and consents to the Grant of Easement for Lateral Support from Richard J. and
Marie V. Benson, copies of which are attached hereto, as required by Iowa Code
Section 569.7.
Section 3. The Mayor is hereby authorized and directed to execute and
acknowledge on behalf of the City of Dubuque any instruments in connection herewith.
Passed, adopted and approved this 16th day of
July ,2001.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Prepared by: Ronald J. Turner, City of Dubuque, 50 W, 13th Street, Dubuque, Iowa (319) 589-4270
GRANT OF EASEMENT FOR LATERAL SUPPORT
For and in consideration of the sum of Six Thousand Five Hundred Eighty-Five Dollars ($6,585.00) and
other good and valuable consideration, the receipt whereof is hereby acknowledged,
Richard J. and Marie V. Benson
12752 John F. Kennedy Road
Dubuque, IA 52002
of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, se[[ and
convey to the CITY OF DUBUQUE, IOWA, a municipal corporation, its agents and contractors, in
perpetuity, from the date hereof, a right of way and easement through, under and across the following
described real estate situation in Dubuque, Iowa, to-wit:
Lot 2-1 1-1 3 and Lot 2-2-1-3 in Helen E. and Mary H. Stewart Subdivision, Dubuque County,
Iowa
Said easement shall be as shown on the attached Exhibit A, for the purpose of constructing and
maintaining a backslope, and adjusting, if necessary, the driveway and other improvements located
thereon, in accordance with the Plans and Specifications currently on fiIe in the office of the City Clerk.
It is understood and agreed that the grantee herein shall restore the disturbed area due to the
construction.
Dated at Dubuque, iowa, this ~ day Of L~ , 2001.
F~i~h~rd J. Benso~/'
Marie V. Benson
STATE OF iOWA. DUBUQUE COUNTY, ss:
On this ~2 day of ~/-~"~-'~-~ , A.D. 2001, before me, the undersigned, a Notary Public
in and for said County, in said State, personally appeared Richard J. Benson and Marie V. Benson to me
known to be the identical persons named in and who executed the within and foregoing instrument, to
Notary Pubtic ~ a~d Fo~ Said County
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (319) 589-4270
GRANT OF EASEMENT FOR LATERAL SUPPORT
For and in consideration of the sum of Six Thousand Five Hundred Eighty-Five Dollars ($6,585.00) and
other good and vaIuable consideration, the receipt whereof is hereby acknowledged,
Richard J. and Marie V. Benson
12752 John F. Kennedy Road
Dubuque, iA 52002
of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and
convey to the CITY OF DUBUQUE, IOWA, a municipal corporation, its agents and contractors, in
perpetuity, from the date hereof, a right of way and easement through, under and across the following
described real estate situation in Dubuque, Iowa, to-wit:
Lot 2-1-1-1-3 and Lot 2-2-1-3 in Helen E. and Mary H. Stewart Subdivision, Dubuque County,
Iowa
Said easement shall be as shown on the attached Exhibit A, for the purpose of constructing and
maintaining a backslope, and adjusting, if necessary, the driveway and other improvements located
thereon, in accordance with the Plans and Specifications currently on file in the office of the City Clerk.
It is understood and agreed that the grantee herein shall restore the disturbed area due to the
construction,
Grantor shall not change the grade, elevation, contour or perform any construction or excavation that
will interfere with the backslope so as to diminish the lateral support of said improvement, of any part
of the Easement Area without obtaining the prior written consent of the City Engineer,
To have and to hold unto the said City of Dubuque, Iowa, in perpetuity, 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.
Dated at Dubuque, Iowa, this ~ day of~¢¢,¢_,~. , 2001.
Richard J. ~Benso~
Marie V. Benson
STATE OF IOWA, DUBUQUE COUNTY, ss:
Onthis ~ ~- day of J~-'4'~-'P%~- , A.D. 2001, before me, the undersigned, a Notary Public
in and for said County, in said State, personally appeared Richard J. Benson and Marie V. Benson to me
known to be the identical persons named in and who executed the within and foregoing instrument, to
which this is attached, and acknowledged that they e x~s their voluntary act and deed.
I.¢".~. i RONALDJ. TUR#Fr~ ! Public Tn
I.~,~[~.~ ICQmml#lon Number 1Mgi4! Notary
i~'°" i"yc~'"""~""'cm
EXHIBIT A
1
0 40
SCALE: 1 --'40
Lot
1-3
LEGEND
EX[STiNG CORNER AS SHOWN
CALCULATED CORNER
P',~'FFEE) THIS SURVEY
PARCEL No. 10-16-201-011 and 012
THE CITY OF DUBUQUE
ENGS'4EERING DIVISION
JOHN F. KENNEDY ROAD
EASEMENT EX}tlBIT
~ ~. ,,, genson