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
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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
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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
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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