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Grant of Easement to Ehrlich Properties, L.L.C._HearingCopyrighted June 21, 2021 City of Dubuque Public Hearings # 5. City Council Meeting ITEM TITLE: Grant of Easement to Ehrlich Properties, L.L.C. SUMMARY: Proof of publication on notice of public hearing to consider City Council approval of the Grant of Retaining Wall Easement to Ehrlich Properties, L.L.C. for a private retaining wall over City owned right-of-way property on Helen Ridge Court in North Grandview Estates No. 2 as part of the North Grandview Estates development project, and City Manager recommending approval. RESOLUTION Disposing of city interest by Grant of Retaining Wall Easement to Ehrlich Properties, L.L.C. across part of the Helen Ridge Court right of way in North Grandview Estates No. 2, City of Dubuque, I owa RESOLUTION Granting a Retaining Wall Easement to Ehrlich Properties, L.L.C. across part of the Helen Ridge Court right of way in North Grandview Estates No. 2, City of Dubuque, Iowa SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Ehrlich Properties Grant of Easement for Private Retaining Wall-MVM Memo Staff Memo Resolution Disposing of City Interest Resolution Grant of Easement Grant of Easement Res. 186-21 Intent to Dispose Type City Manager Memo Staff Memo Resolutions Resolutions Supporting Documentation Supporting Documentation THE CITY OF DUUB-.-*.-TE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Grant of Easement to Ehrlich Properties, L.L.C. DATE: June 15, 2021 Dubuque *Amrin CHY 2007-2012-2013 2017*2019 City Engineer Gus Psihoyos recommends City Council approval of the Grant of Retaining Wall Easement to Ehrlich Properties, L.L.C. for a private retaining wall over City owned right-of-way property on Helen Ridge Court in North Grandview Estates No. 2 as part of the North Grandview Estates development project. I concur with the recommendation and respectfully request Mayor and City Council approval. k�4 Micl�ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brurnwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF DUB E� Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Grant of Easement to Ehrlich Properties, L.L.C. DATE: June 14, 2021 Dubuque 111-AmlricaM 2007-2012-2013 2017*2019 INTRODUCTION This is in response to a request from Ehrlich Properties, L.L.C. for the granting of private retaining wall easement over City owned right of way property on Helen Ridge Court in North Grandview Estates No. 2 as part of the North Grandview Estates development project. DISCUSSION Per Resolution 8-21, the developer of North Grandview Estates, Ehrlich Properties, L.L.C., is to receive a grant of easement for a private retaining wall over City right of way. Due to the location of the existing street right of way and the existing creek drainage way at the site it was necessary to locate the private retaining wall on City right of way. The developer or, if sold, future property owner will be responsible for repairing, replacing, and maintaining the wall, foundation, safety railing and all other appurtenances associated with the private retaining wall in the easement area. The developer or future owner will also be responsible for any damage to City improvements resulting from the repair, replacement, or maintenance of the retaining wall. The City is reserving the right to install underground utilities in the easement area. The attached exhibits show the City owned right of way property and the proposed private retaining wall easement. The developer has submitted construction plans for the improvements and associated work on the City owned property. City Engineering has reviewed and approved the drawings and is recommending approval of the easement request. RECOMMENDATION I would recommend that the "Grant of Retaining Wall Easement" for the private retaining wall over City owned right of way property on Helen Ridge Court in North Grandview Estates No. 2 be approved. ACTION REQUESTED The attached resolutions should be submitted to the City Council for consideration for the disposal of City interest and the granting of easement to Ehrlich Properties, L.L.C. for a private retaining wall over City owned right of way property on Helen Ridge Court in North Grandview Estates No. 2. Prepared by Nate Kieffer, PLS, PE cc: Bob Schiesl, Assistant City Engineer Prepared by: Nate Kleffer, City of Dubuque, 50 W. 1311 Street, Dubuque, 1A 52001 (563) 589-4270 Return to: Adrienne N. Breftfelder, City Clerk, 50 W. 13th Street, Dubuque, 1A 52001 (563) 589-4100 RESOLUTION NO. 216-21 RESOLUTION DISPOSING OF CITY INTEREST BY GRANT OF RETAINING WALL EASEMENT TO EHRLICH PROPERTIES, L.L.C. ACROSS PART OF THE HELEN RIDGE COURT RIGHT OF WAY IN NORTH GRANDVIEW ESTATES NO. 2, CITY OF DUBUQUE, IOWA 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 11 th day of June, 2021, the City Council of the City of Dubuque, Iowa met on this 21st day of June, 2021, at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, to consider the rproposal for the granting of easement across City owned property described as: Part of the Helen Ridge Court right of way in North Grandview Estates No. 2, City of Dubuque, Iowa 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 Retaining Wall Easement to Ehrlich Properties, L.L.C. across part of the Helen Ridge Court right of way in North Grandview Estates No. 2, City of Dubuque, Iowa, be and the same is hereby approved. Section 2. That the Mayor be authorized and directed to execute the Grant of Retaining Wall Easement and the City Clerk be and is hereby authorized and directed to deliver said Grant of Easement to Ehrlich Properties, L.L.C. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this Grant of Retaining Wall Easement in the office of the Dubuque County Recorder. Passed, approved and adopted this 21 st day of June 2021. —Orl� oe2-:� Danny (/SprAnk, Mayor Pro Tern Attest: Ai" Adrienne N. Breitfelder, tity Clerk Prepared by: Nate Kieffer, City of Dubuque, 50 W. 1311 Street, Dubuque, [A 52001 (563) 589-4270 Return to: Adrienne N. Breiffelder, City Clerk, 50 W. 13th Street, Dubuque, 1A 52001 (563) 589-4100 RESOLUTION NO. 217-21 RESOLUTION GRANTING A RETAINING WALL EASEMENT TO EHRLICH PROPERTIES, L.L.C. ACROSS PART OF THE HELEN RIDGE COURT RIGHT OF WAY IN NORTH GRANDVIEW ESTATES NO. 2, CITY OF DUBUQUE, IOWA Whereas, Ehrlich Properties, L.L.C. has requested a "Grant of Retaining Wall Easement" across part of the Helen Ridge Court right of way in North Grandview Estates No. 2, City of Dubuque, Iowa, for a private retaining wall; and Whereas, Buesing and Associates Inc. has prepared and submitted to the City Council an exhibit showing the easement area for the proposed private retaining wall across part of the Helen Ridge Court right of way in North Grandview Estates No. 2, City of Dubuque, Iowa Whereas, the City Council of the City of Dubuque, Iowa, has determined that the portion of Part of the Helen Ridge Court right of way in North Grandview Estates No. 2, City of Dubuque, Iowa, can be utilized for the for a private retaining wall, as shown on the Exhibit A, in the City of Dubuque, Iowa, and should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Grant of Retaining Wall Easement to Ehrlich Properties, L.L.C. be and the same is hereby approved. Passed, approved and adopted this 21st day of June 2021. Danny 1;/Sp-r—ak, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk Doc ID: 010778080015 Type: GEN Kind: AFFIDAVITS Recorded: 07/13/2021 at 02:48:37 PM Fee Amt: $77.00 Paqe 1 of 15 Dubuque County Iowa John Murphy Recorder File2021-00011475 Prepared by: Adrienne Breitfelder, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121 Return to: Adrienne Breitfelder, City Clerk Address: City Hall- 50 W. 1 Tt St Telephone: 589-4121 AFFIDAVIT Of l"h8 CITY CLERK STATE OF IOWA SS: COUNTY OF DUBUQUE I, Adrienne N. Breitfelder, 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 documents are a true and correct copy of the originals and were corrected after the original documents had been filed. Document or instrument number of previously recorded documents: File:2021-00010306 Doc. ID:010764380006 Current Document Description: Grant of Retaining Wall Easement to Ehrlich Properties, L.L.C. to include Exhibit A and Insurance Schedule Legal Description: A PART OF THE HELEN RIDGE COURT RIGHT OF WAY IN NORTH GRANDVIEW ESTATES NO. 2, IN THE CITY OF DUBUQUE, IOWA, AS SHOWN ON THE ATTACHED EASEMENT EXHIBIT A. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. 00 (2) City Engineering Dated at Dubuque, Iowa, on this 13th day of July, 2021. i4� /7 Adrienne N. Breitfelder, City Clerk On this day of J LAl , 2021, before me, a Notary public in and for said state, personally appeared j&c,;+PalcW-known to me to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. TRISL. G n ¢' Commission umber71 Nber 719986 4--�� My Commission Expires Notary Public in the State of Iowa My Commission expires ��- / �- � i��� Doc ID: 010764380006 Type: GEN Kind: EASEMENT Recorded: 06/23/2021 at 11:57:44 AM Fee Amt: $32.00 Pape 1 of 6 Dubuque County Iowa John Murphy Recorder File2021_00010306 Prepared by: Nate Kieffer 50 W. 131h Street Dubuque Iowa 52001 (563-589-4270) Return to: Nate Kieffer 50 W. 131h Street Dubuque Iowa 52001 (563-589-4270) GRANT OF RETAINING WALL 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 Ehrlich Properties, L.L.C. ("Grantee"), its lessees, licensees, successors and assigns, from the date hereof, an easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: A PART OF THE HELEN RIDGE COURT RIGHT OF WAY IN NORTH GRANDVIEW ESTATES NO. 2, IN THE CITY DUBUQUE, IOWA, AS SHOWN ON THE ATTACHED EASEMENT EXHIBIT A. Said easement shall be as shown on the attached Easement Exhibit A, for the purpose of constructing and maintaining a private retaining wall, foundation, safety railing, and appurtenances as shown in the approved subdivision improvements plans for North Grandview Estates No. 2 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. 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. Grantee is solely responsible for the maintenance of the Improvements in the easement area and shall at all times keep the wall, foundation, safety railing and all appurtenances in a state of good repair. Grantee, its successors and assigns, agrees to pay for any damage caused to the land, sidewalk, roadway, utilities, or other personal property of Grantor from the construction, repair, replacement, or maintenance of said Improvements. Grantee shall be responsible for all costs associated with any traffic control required with the maintenance, repair or 04262021rnk 32°4 (�) CjXj &A,S i � replacement of the Improvements. Grantee will be responsible for the replacement of any disturbed or damaged pavement, curbing, utilities, sidewalk, or any other property owned by the Grantor arising from the maintenance, repair, or replacement of the Improvements. The City reserves unto itself the perpetual right for the purpose of erecting, installing, constructing, reconstructing, maintaining, owning, operating and repair of streets, 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 private 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 Retaining Wall 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. 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 Retaining Wall Easement. Dated at Dubuque, Iowa this and day of SuOe- , 2021. [SIGNATURE PAGES TO FOLLOW] CITY OF DUBUQUE By: Danny C. Sprank, Maypr Pro Tem NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this a a'-j day of J-u,ne , 2021 before me, the undersigned, a Notary *Public in and for said County, in said State, personally appeared Rey Buel, Mayof 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. *Danny C. Sprank, Mayor Pro Tem ✓n:2 ` 64A�1- Notary Public In and For Said State o,�•'"' •� jCAo1MR1ENNEN.8RE1TFELDER mission Number 828956 My Comm. Exp.iof 0 3 ACCEPTANCE OF EASEMENT Ehrlich Properties, L.L.C. accepts the terms and conditions of the Grant of Retaining Wall Easement. EHRLICH PROPERTIES, L.L.C. Richard J. Ehrli STATE OF IOWA COUNTY OF DUBUQUE Managing Member ) SS. NOTARY PUBLIC On this ;' day of , 2021, before me, the undersigned, a Notary Public in and for said Count , in said State, personally appeared Richard J. Ehrlich, Managing Member, 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 Ehrlich Properties, L.L.C. 0 & �Pa1"cm KERRY JO BRADLEY o Commission Number 808090 Nota P li and For Said ate ? My Commission Expires •' December 26, 2023 11 EXHIBIT A 3 w� >0 NZZ IQ F (7< O�Q J F 1n 0l`' z 1"45'W 70' EXHIBIT A RETAINING WALL EASEMENT ACROSS HELEN RIDGE CT. ROW, in the City of Dubuque, Iowa. 32ND ST. (64' ROW) S89'48'O1"E 464.40' 222.72' 239.79' SCALE 1 " = 40' 0' 20' 40' LOT 2-2 NORTH GRANDVIEW ESTATES NO.4 v J _ CURVE DATA CURVE I BEARING I LENGTH I RADIUS I LENGTH I DELTA I Cl S88"45'11"W 22.08' 146.00' 22.10' 1 8-40'28" J �. O F ITHIS IS AN ASSUMED BEARING FOR THE PURPOSES OF THIS SURVEY ONLY. / LOT 14 CT z z Z:jw NW 3UW1 W 101.00" N86'54'35"W 185.66' HELEN RIDGE CT. (42 ROW) NORTH GRAND VIEW ESTATES N0. 2 LOT 13 ROW XTG 10' SANITARY SEWER EASEMENT I PER FILE g -i- 2006-00010536 I I � I � 1 ,f I 1p 13 I 1 I o I P I rn I I I I I I 1 I I I I I I i I K I I I 84.66' ROW I I 1 I I I 1 I I I ROW I I i I I 1 I I LOT 12 I m LEGEND • 5/8" REROD (FOUND) W/ ORANGE CAP STAMPED "15487" UNLESS NOTED OTHERWISE PROPERTY LINE --- �---�� EASEMENT LINE �UESING -------- EXISTING EASEMENT LINE ASSOCIATES INC. - — — — — - CENTERLINE SNClNEERS AND SURVEYORS ( ) RECORD DIMENSION 1212 LOCUST SDUBUOUE. IA ROW RIGHT OF WAY NOTES 583 556-4389t, DRAWN BY: TPL CHECKED BY: SF SQUARE FEET 1. ALL MEASUREMENTS ARE IN FEET AND SURVEY DATE: 11/13/18 PLOT DATE: 12/2/20 AC ACRES DECIMALS THEROF. XTG EXISTING 2. THIS PLAT IS SUBJECT TO EASEMENTS DWG. NO. 18041-35 SCALE: 1" = 40' STE STORM SEWER EASEMENT OF RECORD AND NOT OF RECORD. SHEET 1 q OF 1 INSURANCE SCHEDULE City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees INSURANCE SCHEDULE A 1. 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. 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 certificate. 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 Director of Finance and Budget. The lessee, licensee, or permittee must identify and list in writing all deviations and exclusions from the ISO form. 8. If lessee's, licensee's, or permittee's 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 sub -subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub -subcontractors. 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. The City may request a copy of such certificates from the lessee, licensee, or permittee. 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 agents name, phone number and email address. 12. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 13. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the agreement, subject to mutual agreement of the parties. Page 1 of 4 Schedule A Lessees of City Property; Right of Way Licensees or Permittees April 2021 City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees 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) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 0001, or Business owners form BP 00 02, shall be clearly identified. 2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit." 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement (Sample attached). 5) 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. Use ISO form CG 20 10 (Ongoing operations) or its equivalent. 6) Policy shall include Waiver of Right to Recover from Others Endorsement. B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85. Coverage A Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Coverage B limits shall be greater if required by the umbrella/excess insurer. OR If, by Iowa Code Section 85.1A, the lessee, licensee, or permittee is not required to purchase Workers' Compensation Insurance, the lessee, licensee, or permittee shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. Page 2 of 4 Schedule A Lessees of City Property; Right of Way Licensees or Permittees April 2021 City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees INSURANCE SCHEDULE A (Continued) C) POLLUTION LIABILITY Coverage required: —Yes _ No Pollution liability coverage shall be required if the lessee, contracting party, or permittee has any pollution exposure for abatement of hazardous or contaminated materials including, but not limited to, petroleum products, the removal of lead, asbestos, or PCBs. Pollution product and completed operations coverage shall also be covered. Each occurrence $2,000,000 Policy Aggregate $4,000,000 1) Policy to include job site and transportation coverage. 2) Include additional insured 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. Use ISO form CG 2010. (Ongoing operations) or its equivalent and CG2037(completed operations) or its equivalent. 3) Include Preservation of Governmental Immunities Endorsement. 4) Provide evidence of coverage for 5 years after completion of project. D) PROPERTY INSURANCE REQUIRED BY LEASE, LICENSE, OR PERMIT _ Yes _ No Evidence of property coverage provided: _ Yes Include the City of Dubuque as Lender Loss Payable, E) RIGHT-OF-WAY WORK ONLY: UMBRELLA/EXCESS $1,000,000 _ Yes _ No The General Liability, Automobile Liability and Workers Compensation 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 Waiver of Subrogation AND Primary and Non-contributory in favor of the City. F) FLOOD INSURANCE Yes _ No If Required Coverage Page 3 of 4 Schedule A Lessees of City Property; Right of Way Licensees or Permittees April 2021 City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent form. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 4 of 4 Schedule A Lessees of City Property; Right of Way Licensees or Permittees April 2021 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13`1 Street, Dubuque, IA 52001 (563) 589-4270 Retum to: Adrienne N. Breitfelder, City Clerk, 50 W. 131" Street, Dubuque, IA 52001 (563) 589-4100 RESOLUTION NO. 216-21 RESOLUTION DISPOSING OF CITY INTEREST BY GRANT OF RETAINING WALL EASEMENT TO EHRLICH PROPERTIES, L.L.C. ACROSS PART OF THE HELEN RIDGE COURT RIGHT OF WAY IN NORTH GRANDVIEW ESTATES NO. 2, CITY OF DUBUQUE, IOWA 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 11 th day of June, 2021, the City Council of the City of Dubuque, Iowa met on this 21 st day of June, 2021, 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: Part of the Helen Ridge Court right of way in North Grandview Estates No. 2, City of Dubuque, Iowa 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 Retaining Wall Easement to Ehrlich Properties, L.L.C. across part of the Helen Ridge Court right of way in North Grandview Estates No. 2, City of Dubuque, Iowa, be and the same is hereby approved. Section 2. That the Mayor be authorized and directed to execute the Grant of Retaining Wall Easement and the City Clerk be and is hereby authorized and directed to deliver said Grant of Easement to Ehrlich Properties, L.L.C. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this Grant of Retaining Wall Easement in the office of the Dubuque County Recorder. Passed, approved and adopted this 21 st day of June 2021. Danny . Spr nk, Mayor Pro Tern Attest: /-;' Adrienne N. Breitfelder, tity 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. 216-21 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 22"d day of June, 2021. aAj '-V Adrienne N. Breitfelder, City Clerk Prepared by Nate Kieffer, Cily of Dubuque Engineering, 50 W. 13th Street, Dubuque, ]A 52001 (563) 589-4270 Return to Adrienne N. Breiffelder, City Clerk, 50 W. 13th Street, Dubuque, 1A 52001 (563) 589-4100 RESOLUTION NO. 186-21 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST BY GRANT OF RETAINING WALL EASEMENT TO EHRLICH PROPERTIES, L.L.C. ACROSS PART OF THE HELEN RIDGE COURT RIGHT OF WAY IN NORTH GRANDVIEW ESTATES NO. 2, CITY OF DUBUQUE, IOWA Whereas, Ehrlich Properties, L.L.C. has requested a "Grant of Retaining Wall Easement" across part of the Helen Ridge Court right of way in North Grandview Estates No. 2, City of Dubuque, Iowa, for a private retaining wall; and Whereas, Buesing and Associates Inc. has prepared and submitted to the City Council an exhibit showing the easement area for the proposed private retaining wall across part of the Helen Ridge Court right of way in North Grandview Estates No. 2, 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 a retaining wall easement to Ehrlich Properties, L.L.C. across part of the Helen Ridge Court right of way in North Grandview Estates No. 2, 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 Retaining Wall Easement to Ehrlich Properties, L.L.C. across part of the Helen Ridge Court right of way in North Grandview Estates No. 2, City of Dubuque, Iowa, is hereby set forthe 21 st day of June 2021, 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 7th day of June 2021. — / , P, /�j Roy'b",K6-ol, Mayor Attest: Wn a- X, o In, � /7 A 4 44 & � � Adrienne N. Breitfelder, CiVClerk 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: 06/11/2021 and for which the charge is 60.71 Subscribed to befo e me, a Notary Puj in and for Dubuque County, Iowa, this I Ith day of June, 2021 Notaryublic in and for Dubuque ountC y, Iowa. 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 21st day of June 2021 at 6:30 p.m. virtually at which meeting the City Council proposes to grant a private retaining wall easement over the following described real property to Ehrlich Properties, L.L.C.: A PART OF THE HELEN RIDGE COURT RIGHT OF WAY IN NORTH GRANDVIEW ESTATES NO. 2, IN THE CITY DUBUQUE, IOWA, Due to the ongoing COVID-19 pandemic, the City Council will meet virtually through GoToMeeting. The official agenda will be posted on June 18, 2021 and will contain listening, viewing, and public input options. The City Council agenda can be accessed at https://cityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org. Copies of supporting documents for the public hearing are on file in the City Clerk's Office, City Hall, 50 W. 13th St., Dubuque, Iowa. To comply with social distancing mandates, documents can be viewed at https://www.cityofdubuque.org/Agendas or by contacting the City Clerk's Office at 563-589-4100. Written comments regarding the above public hearing should be submitted to the City Clerk's Office, 50 W. 13th St., Dubuque, IA 52001, ctyclerk@cityofdubuque.org, on or before said time of public hearing. At said time of public hearing all interested citizens and parties will be given an opportunity to submit online written comments for or against said proposal. Individuals with limited English proficiency, vision, hearing or speech impairments or requiring special assistance should contact the City Clerk's Office at (563) 589-4100, TDD/T"1'Y (563) 690-6678, ctyclerk@cityofdubuque.org 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 7th day of June 2021. Adrienne N. Breitfelder, City Clerk It 6/11 RESOLUTION NO. 186-21 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST BY GRANT OF RETAINING WALL EASEMENT TO EHRLICH PROPERTIES, L.L.C. ACROSS PART OF THE HELEN RIDGE COURT RIGHT OF WAY IN NORTH GRANDVIEW ESTATES NO. 2, CITY OF DUBUQUE, IOWA Whereas, Ehrlich Properties, L.L.C. has requested a Grant of Retaining Wall Easement across part of the Helen Ridge Court right of way in North Grandview Estates No. 2, City of Dubuque, Iowa, for a private retaining wall; and Whereas, Buesing and Associates Inc. has prepared and submitted to the City Council an exhibit showing the easement area for the proposed private retaining wall across part of the Helen Ridge Court right of way in North Grandview Estates No. 2, City of Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section L'That the City of Dubuque intends to grant a retaining wall easement to Ehrlich Properties, L.L.C. across part of the Helen Ridge Court right of way in North Grandview Estates No. 2, 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 Retaining Wall Easement to Ehrlich Properties, L.L.C. across part of the Helen Ridge Court right of way in North Grandview Estates No. 2, City of Dubuque, Iowa, is hereby set for the 21st day of June 2021, 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 7th day of June 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk It 6/11