Acceptance of Grant of Easement for Sidewalk and Public Utilities from Francis Chaffee Copyrighted
J uly 20, 2020
City of Dubuque Consent Items # 6.
City Council Meeting
ITEM TITLE: Acceptance of Grant of Easement for Sidewalk and Public Utilities from
Francis L. Chaffee
SUM MARY: City Manager recommending acceptance of a Grant of Easement for
Sidewalk and Public Utilities from Francis L. Chaffee over property at
2011 Clarke Drive for a curb ramp which is part of the Asphalt Overlay
Program.
RESOLUTION Accepting a Grant of Easement for sidewalk and public
utilities over and across part of lot 2 of lot 1 of the east 51.4 feet of the
south 100 feet of lot 47 in Finley's Addition, in the City of Dubuque, lowa
SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
Chaffee Acceptance of Grant of Easement for City Manager Memo
Sidewalk and Public Utilities-MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Grant of Easement Supporting Documentation
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 Sidewalk and Public Utilities from
Francis L. Chaffee over property at 2011 Clarke Drive in Dubuque — Curb
Ramps for Asphalt Overlay Program CIP No. 2501227
DATE: July 13, 2020
City Engineer Gus Psihoyos recommends acceptance of a Grant of Easement for
Sidewalk and Public Utilities from Francis L. Chaffee over property at 2011 Clarke Drive
for a curb ramp which is part of the Asphalt Overlay Program.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Dubuque
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TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Acceptance of Grant of Easement for Sidewalk and Public Utilities from Francis
L. Chaffee over property at 2011 Clarke Drive in Dubuque — Curb Ramps for
Asphalt Overlay Program CIP No. 2501227
DATE: July 9, 2020
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a Grant of Easement for Sidewalk
and Public Utilities across Part of Lot 2 of Lot 1 of the East 51.4 feet of the South 100 feet of
Lot 47 in Finley's Addition, in the City of Dubuque, lowa for a curb ramp which is part of the
Asphalt Overlay Program CIP No. 2501227.
DISCUSSION
As part of the annual asphalt overlay program the Engineering Department is assisting public
works to install curb ramps at the intersection of Clarke Dr. and North Grandview Avenue.
Because of a conflict with an existing utility pole, the curb ramp in the northwest quadrant of
the intersection could not be constructed without encroaching on the adjacent private property.
The plans for this curb ramp include a retaining wall and sidewalk, portions of which will
encroach on private property. A permanent sidewalk and utility easement was sought so these
improvements could be installed and maintained on the private property.
The property is described as Part of Lot 2 of Lot 1 of the East 51.4 feet of the South 100 feet of
Lot 47 in Finley's Addition, in the City of Dubuque, lowa, includes a residential building, and is
owned by Francis L. Chaffee. The City has negotiated with the owner for an easement to
facilitate the construction of the sidewalk and retaining wall and on-going maintenance of any
utilities. The City of Dubuque will own and maintain any public utilities while the property
owners will be responsible for maintenance of any new sidewalk.
RECOMMENDATION
I recommend accepting the Grant of Easement for Sidewalk and Public Utilities across Part of
Lot 2 of Lot 1 of the East 51.4 feet of the South 100 feet of Lot 47 in Finley's Addition, in the
City of Dubuque, lowa, for the curb ramp and wall at this location, which is associated with the
Asphalt Overlay Program, as shown on the exhibit attached to the Grant of Easement.
ACTION TO BE TAKEN
I respectfully request acceptance of the dedication of Grant of Easement for Sidewalk and
Public Utilities from Francis L. Chaffee through the adoption of the enclosed resolution.
Prepared by Nate Kieffer, PLS
cc: John Klosterman, Public Works Director
Luke Steger, Engineering Department
Jon Dienst, Civil Engineer II
2
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 207-20
ACCEPTING A GRANT OF EASEMENT FOR SIDEWALK AND PUBLIC
UTILITIES OVER AND ACROSS PART OF LOT 2 OF LOT 1 OF THE EAST
51.4 FEET OF THE SOUTH 100 FEET OF LOT 47 IN FINLEY'S ADDITION, IN
THE CITY OF DUBUQUE, IOWA
Whereas, Francis L. Chaffee has executed a Grant of Easement for Sidewalk
and Public Utilities through, over and across Part of Lot 2 of Lot 1 of the East
51.4 feet of the South 100 feet of Lot 47 in Finley's Addition, 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 Sidewalk and Public Utilities
over and across Part of Lot 2 of Lot 1 of the East 51.4 feet of the South 100 feet
of Lot 47 in Finley's Addition, in the City of Dubuque, Iowa, from Francis L.
Chaffee, 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 20th day of July 2020.
Roy D. uol, Mayor
Attest:
Kevi, . Firnstahl, MC, City Clerk
Preoared bv: Nate Kieffer Citvof Dubuaue.50 W. 13�'Street. Dubuaue lowa 52001(5631589-4270
Retum to Nate Kieffer,City of Dubuque,50 W. 13"SVeet, Dubuque,lowa 52001 (563)589-4270
GRANT OF EASEMENT FOR SIDEWALK AND PUBLIC UTILITIES
For and in consideration of the Five Hundred and 00/100's Dollars ($500.00) an d
other good and valuable consideration, Francis L. Chafee ("Grantor') does
hereby grant to the City of Dubuque ("Grantee"), a municipal corporation, its
agents and contractors, from the date hereof, a right of way and easement
through, under and across the following described real estate situated in _
Dubuque County,Iowa, to wit: i
6
Part of Lot 2 of Lot 1 of the East 51.4 feet of the South 100 feet of Lot 47 �
in Finley's Addition, in the City of Dubuque, lowa as shown on ExhibitA
attached hereto and by reference made a part hereof. �
�
Said easement shall be as shown on the attached Exhibit A. Said Permanent '
Sidewalk and Public Utility Easementshall be for the purpose of constructing and �
maintaining a public sidewalk and constructing and maintaining public utilities �
and other appurtenances, along with the right, privilege and authority to ,
construct, reconstruct, maintain, operate, repair, patrol and remove said
improvements. SaidPermanentSidewalkandPublicUtilityEasementshall also =
include the right to cut, trim or remove trees, bushes and roots as may be �
required incidentto rights given herein. ,
Together with the right to enter upon said property and occupy the Temporary .
Construction Easement area as shown on the attached Exhibit A during the _
period of consVuction until the project is accepted by City Council, not to exceed �
one year in duration. Said Temporary Construction Easement shall be for the �
purpose of constructing a public sidewalk and constructing public utilities and
other appurtenances. Upon acceptance of the project by City Council, the -
Temporary Easementis null,void,and discontinued. .
It is understood and agreed that the Grantee herein shall restore the disturbed �
area due to the construction, maintenance or repair of said public utilities and �
other appurtenances.
Grantor shall not erect any structure over or within the Permanent Easement
area without obtaining the prior written approval of the City Engineer, nor shall
the Grantor erect any structure over or within the Temporary Easement area
when it is in effect without obtaining approval of the same. Grantor shall not
change the grade, elevation, and contour or perform any construction or
excavation that wiN diminish the fateral support or integrity of said improvements
withoutobtainingthepriorwritten consentof theCity Engineer.
To have and to hold unto the said City of Dubuque, lowa, 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 i
egress from and over said real estate to maintain or repair said public utilities I
thereon ortherein.
Dated at Dubuque, lowa this�day of , 2020. ;
�
By: i�
Francis L. Ch ee
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE,SS:
On this 3�_ day of �t/�/� , A.D., 2020 before me,the undersigned,
a Notary Public in and for said County, in said State, personally appeared
Francis L. Chaffee,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 thatthey executed the same as theirvoluntary act and deed.
_G�� � , f �
Notary Public In and For Said State
_ _ _ _ _ _ _ _._ _ . . _
Dubtoqu� CITY OF DUBUQUE
� ENGINEERING DEPARTMENT
CITY HALL, 50 WEST 13th STREET
A��•AmericaCity DUBUQUE, IA 52001-4864 FD.1.25"PIPEATNE
1 r PHONE (563)589-4270 FAX (563)589-4205 / CORNER LOT 1 OF E 51.4'
Drawn By: RNK Approved By: RNK Date: 05•02-2019 LOT 2-1 OF E 51.4� / OF N 98'OF LOT 47
OF S �IOO' OF LOT 47 FINLEYADD.
Part of Lot 2 of Lot 1 of the East 51.4 feet of the South 100 feet FINLEY ADD
� of Lot 47 in Finley's Addition,in the City of Dubuque,lowa
2007 C.I.P.Number: Shee�Number. 'I of 1
� S03° 45' 48"W 23.37'
NORTH SIDEWALK AND
PUBLIC UTILITIES �
EASEMENT
0 5� �o� 20� N01° 58' 46"W 26.99'
SCALE 1°_�o'FEET S14° 17'49"W 46.19'
TEMP. CONST.
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.� R.O.W. RIGHT OF WAY S88° 05' 55"W 41.95' (41.4)
� S88° 05' 55"W 59.95' (59.4')
��OO.00�� RECORD DIMENSION
� N88° 05' 55"E 390.14' (389.4') CLARKE DR.
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m ADJACENT PROPERTY LINE ADD.
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� RIGHT OF WAY LINE
� PROPOSED EASEMENT LINE NOTES:
� 1.ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
L 2. PROPRIETOR OF ABOVE DESCRIBED LOT:FRANCIS L.CHAFFEE
� I hereby certify that this land surveying document was prepared and 3. SURVEY RE�UESTED BY:CITY OF DUBUQUE,50 W.13TH ST.DUBUQUE,IOWA
� 4. THIS EASEMENT PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF
� ;?i;"� the relaled survey work was performed by me or under my direcl RECORD. �I TY 0 F D U B U Q U E
Y ': ��. , ,�A, personal supervision and thal I am a duly licensed Land
� :. Q'��,e'*�^;�s Surveyor under the laws of the State of lowa.
f��` EXHIBIT A - SIDEWALK AND PUBLIC UTILITY EASEMENT
(� ; �y�4p ��G�G For the City of Dubuque Na-r�:
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�; RUSSELL N. •;� THIS SURVEI' IS LOCATED IN THE
op °�;k KIEFF�R ;� sw 1 j4 5EG71bN 23 T$9N, �2� COUNTY IJUBUQUE PARCEL N0. JOB N0.
i 1�128 PROJECT ASPHALT OVERLAY SECTION 23 TWP 89N RANGE 2E
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Q � ttl'+••��� RussellN.Kieffer IowaLic.No.18128 Date C�TM �F �UgUQUE, �u�UQUE , , '
� ' �OWP` Mylicenserenewaldateis December31,2o2o COUNTY IOWA LEGAL DESCRIPTION Lot2-1 East51.4, South100, Lot47 FInIeVSAdd., CltVof Dubuque
� Pages or sheets covered by lhis seal: THIS PAGE ONLY OWN E R FRANC/S L. CHAFFEE