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Corps of Engineers Acceptance of Consent to Easement Structures_HearingCity of Dubuque City Council Meeting Public Hearings # 6. Copyrighted June 21, 2021 ITEM TITLE: Corps of Engineers Acceptance of Consent to Easement Structures SUMMARY: Proof of publication on notice of public hearing to consider City Council approval of the Corps of Engineers Acceptance of Consent to Easement Structures, and City Manager recommending approval. RESOLUTION Disposing of an Interest in Real Estate through Agreement with the Army Corps of Engineers SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type Corps of Engineers Acceptance of Consent of City Manager Memo Easement Structures-MVM Memo Corps Real Estate Agreement Public Hearing Staff Memo Resolution Resolutions Corps Real Estate Agreement Supporting Documentation THE C Dubuque DUUB-.-*.-TE *Awiu Ciq ' iece on the Mississippi Masterpiece PP zoo�•zoi 2-2013 zoi7*2019oi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Corps of Engineers Acceptance of Consent to Easement Structures DATE: June 15, 2021 As part of the Purina Drive Floodwall Replacement Project, the Corps of Engineers requires the City to enter into an Acceptance of Consent to Easement Structures agreement. The agreement outlines several requirements related to the repair of the floodwall section located near Purina Drive. Public Works Director John Klostermann recommends City Council approval of the Corps of Engineers Acceptance of Consent to Easement Structures. 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 Cori Burbach, Assistant City Manager John Klostermann, Public Works Director THE CITY OF DUB E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: John Klostermann, Public Works Director JK Dubuque MI -America CIW 2007.2012.2013 2017*2019 SUBJECT: Corps of Engineers Acceptance of Consent to Easement Structures DATE: June 6, 2021 INTRODUCTION The purpose of this memorandum is to request the City Council hold a Public Hearing and approve the Corps of Engineers Acceptance of Consent to Easement Structures agreement. BACKGROUND Funding for the replacement of 26 feet of concrete floodwall is currently provided for in the Fiscal Year 2021 Capital Improvement Program. DISCUSSION As part of the Purina Drive Floodwall Replacement Project, the Corps of Engineers (Corps) requires the City to enter into an Acceptance of Consent to Easement Structures agreement. The agreement outlines several requirements related to the repair of the floodwall section located near Purina Drive. The easement documents have been reviewed and approved by City Attorney Crenna Brumwell. ACTION STEP I respectfully request the City Council hold a public hearing to solicit input for the agreement between the City of Dubuque and the Corps of Engineers and approve the Acceptance of Consent to Easement Structures agreement. Cc: Arielle Swift, Assistant Public Works Director Prepared by: John Klostermann. City of Dubuque Public Works Department 925 Kerper Court Dubuque IA 52001 (563)589-4250 Return to: Adrienne N. Breitfelder, City Clerk 50 W 13th Street Dubuque, IA 52001 (563)589-4100 RESOLUTION NO. 218-21 DISPOSING OF AN INTEREST IN REAL ESTATE THROUGH AGREEMENT WITH THE ARMY CORPS OF ENGINEERS WHEREAS, the City Council, by Resolution No. 185-21, dated June 7, 2021, declared its intent to dispose of City interest in real property; and WHEREAS, pursuant to published notice, a public hearing was held on the proposed disposition on June 21, 2021, at 6:30 p.m. and conducted virtually, at which meeting the City Council proposes to take action on the Acceptance of Consent to Easement Structures between the City and the United States government; and WHEREAS, Dubuque has a flood control system along the Mississippi River, and WHEREAS, the United States has acquired a perpetual flowage easement over Tract Nos. FIA-117, Mississippi River Project, Pool 12, and which was recorded in Record Book 114, Pages 1-21, in the records in Dubuque, Iowa, and WHEREAS, the United States has been requested to give consent for the installation, operation, and maintenance to repair an existing concrete floodwall that is part of the Dubuque, Iowa Flood Risk Management Project, and WHEREAS, the City of Dubuque is required to enter into an Acceptance of Consent to Easement Structures; and WHEREAS, the City Council finds that it is in the best interest of the City to approve the Acceptance of Consent to Easement Structures. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council approves the Acceptance of Consent to Easement Structures with the Corps of Engineers. Section 2. The Mayor is hereby authorized and directed to sign the agreement. Passed, adopted, and approved this 21 st day of June 2021. Attest: Adrienne N. Breitfelde , City Clerk y�- —0 Danny C. pra k, Mayor Pro Tem Real Estate Division DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, ROCK ISLAND DISTRICT PO BOX 2004 CLOCK TOWER BUILDING ROCK ISLAND, ILLINOIS 61204-2004 �,IJ, 2 0 °,,.., SUBJECT: Mississippi River Pool No. 13, Request for Consent to Easement Structures, Contract No. DACW25-9-21-4005, Task 937387, REIN 20-2039 City of Dubuque Attn: Adrienne N. Breitfelder, City Clerk 50 W. 13t' Street Dubuque, IA 52001 Dear Ms. Breitfelder: Enclosed please find a fully executed copy of Consent DACW25-9-21-4005. You should retain this document for your records. As per Condition No. 7 of the Consent, the Consentee shall notify the Real Estate Division seventy-two (72) hours prior to the repair and construction work for the Floodwall Repair Project. Upon completion of the project, a mutually agreed upon date for re -inspection will be established. Should you require any further assistance or have any questions, please contact Ms. Laura Schnack at (309) 794-5682 or email at Laura. M.Schnacka_usace.army. mil. Sincerely, Laura M.Schnack Realty Specialist Enclosures CF: RE-M (File Copy) RE-M (Reading File) Schnack Forslund Stickle DACW25-9-21-4005 DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS ROCK ISLAND DISTRICT Consent Project: Mississippi River Project, Pool 12, Dubuque County, Iowa Tract No. FIA-117 CONSENT TO EASEMENT STRUCTURES WHEREAS, the United States has acquired a perpetual flowage easement over Tract Nos. FIA-117, Mississippi River Project, Pool 12, and which was recorded in Record Book 114, Pages 1-21, in the records of Dubuque County, Iowa. WHEREAS, the United States has been requested to give consent for the installation, operation, and maintenance to repair an existing concrete floodwall that is part of the Dubuque Iowa, Flood Risk Management Project, under Section 14 of the Rivers and Harbors Act of 1899, 33 U.S.C. 408, by removing a convey pit structure built into the existing floodwall and replacing approximately 26 linear feet of the deteriorated section of floodwall. NOW THEREFORE, the Secretary of the Army, hereinafter referred to as "Secretary," on behalf of the United States and under and by virtue of the administrative authority vested in the Secretary, hereby gives consent to the City of Dubuque, Iowa, 50 W 13th Street, Dubuque, Iowa 52001, hereinafter referred to as "Consentee," for the installation, operation and maintenance to repair an existing concrete floodwall that is part of the Dubuque Iowa, Flood Risk Management Project, under Section 14 of the Rivers and Harbors Act of 1899, 33 U.S.C. 408, by removing a convey pit structure built into the existing floodwall and replacing approximately 26 linear feet of the deteriorated section of floodwall, located approximately 1,100 feet northeast of the intersection of Purina Drive and Kerper Boulevard or approximately 50 feet west of the floodwall gate near the City's salt storage area off Purina Drive and disturbing 0.01 acre of ground, more or less, at the locations shown in Exhibits A, B, and C, attached hereto, in accordance with the approved project construction plans incorporated herein and attached as Exhibit D, hereinafter referred to as the "Floodwall Repair Project." PROVIDED HOWEVER, that this Consent is subject to the following conditions: 1. All activities conducted on the premises shall comply with all applicable Federal, state, county and municipal laws, ordinances, and regulations wherein the premises are located. 2. The giving of this Consent does not in any way subordinate the United States' prior easement rights. The United States shall in no case be liable for any damage or injury caused by the construction or installation work consented to, which may be caused by any action of the United States under its easement, or that may result from REIN 20-2039 Page 1 of 5 Initials: DAC W25-9-21-4005 future operations undertaken by the United States, and no claim or right to compensation shall accrue from such exercise of the United States' easement rights. 3. The United States shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the exercise of the consented activity. 4. This instrument is effective only insofar as the rights of the United States in the premises are concerned; and the Consentee shall obtain such permission as may be required on account of any other existing rights. It is understood that this Consent does not eliminate the necessity for obtaining any Department of the Army permit which may be required pursuant to the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (30 Stat. 1151; 33 U.S.C. § 403), Section 404 of the Clean Water Act (33 U.S.C. § 1344) or any other permit or license which may be required by Federal, state, interstate or local laws in connection with the use of the premises. 5. Consentee shall comply with and adhere to the terms and conditions set forth in the Section 408 Permit No. 408-MVR-2019-0015 authorized by the U.S. Army Corps of Engineers Rock Island District, dated February 19, 2020. 6. If any undocumented archeological materials are encountered by the Consentee during the repair or construction work for the Floodwall Repair Project, the Consentee must stop work immediately and contact the Real Estate Contracting Officer and protect the site and material from further disturbance until said officer gives clearance in writing to proceed. 7. Consentee shall notify the Real Estate Division, Management and Disposal Branch seventy-two (72) hours prior to the commencement of the repair and construction work for the Floodwall Repair Project. Upon completion of the construction work for the Floodwall Repair Project, the Consentee shall notify the Real Estate Division, Management and Disposal Branch to establish a time that is mutually convenient, but no later than sixty (60) days after project completion, to inspect the Floodwall Repair Project to ensure compliance with the terms of this Consent. Within thirty (30) days of the completion of the removal and repair work for the Floodwall Repair Project, Consentee will deliver to the Real Estate Division, Management and Disposal Branch "as -built" drawings and GIS shapefiles. 8. The Grantee shall neither transfer nor assign this Consent, nor grant any interest, privilege, or license whatsoever in connection with this Consent without prior written approval of the Real Estate Contracting Officer. Failure to comply with this condition shall constitute a noncompliance for which this Consent may be revoked immediately by the Real Estate Contracting Officer. 10. The terms "Real Estate Contracting Officer" and "Real Estate Division, Management and Disposal Branch" refer to the officer/office currently located at the US Army Corps of Engineers Rock Island District. In the event of agency reorganization, the terms shall refer to the successor officer/office. REIN 20-2039 Page 2 of 5 Initials DACW25-9-21-4005 IN WITNESS WHEREOF, I have hereunto set my hand by authority of the Secretary of the Army on behalf of the United States, this 1 Sn day of 1- 1, 2021. Steven W. Stickle Chief, Management and Disposal Branch Rock Island District Real Estate Contracting Officer lNAr k,[d§9w*1Mi�il�ai STATE OF ILLINOIS ) ss COUNTY OF ROCK ISLAND ) On this I5A day of 2021, before me the undersigned Notary Public, personally appeareJ Sfbven W. Stickle, Real Estate Contracting Officer for the United States Army Corps of Engineers, Rock Island District, known to me to be the person described in the foregoing instrument, who acknowledged that he executed the same in the capacity therein stated by authority of the Secretary of the Army and for OFFICIAL SEAL CARRI R. NICKEL NOTARY PUB NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES 2/22/2022 11 y commission expires: 2/J.2/ao,�.2 REIN 20-2039 Page 3 of 5 Initials: DAC W25-9-21-4005 The terms and conditions of this Consent are hereby accepted this d a day of June 2021. The undersigned, acting as an officer of the Consentee, represents and warrants that s/he is authorized to execute this Consent without the necessity of obtaining any other signature of any person, that the execution of this Consent has been properly authorized by the governing body of the Consentee, and that this Consent is fully binding on Consentee. City of Dubuque, Iowa By: 4L�Roy D. Bt4al fanny C. Sprank Miclyul Mayor Pro Tem ACKNOWLEDGMENT STATE OF IOWA ss COUNTY OF DUBUQUE On this _'1 day of jUnt 2021, before me, a Notary Public, in * and for the State of Iowa, personally appeared Roy B. Baal, to me personally known, * who being by me duly (sworn or affirmed) did say that he is the Mayer of the City of Dubuque, Iowa and that said instrument was signed on behalf of the said City of * Dubuque by authority of its governing body and the said Roy B. Bael acknowledged the execution of said instrument to be the voluntary act and deed of said City of Dubuque. JENNIFER M. MESSERICH Commission Nu er 7 74 My CommNOTARY —PUBLIC (SEAL) My commission expires *Danny C. Sprank, o I Mayor ro Tem REIN 20-2039 Page 4 of 5 Initials: DAC W25-9-21-4005 CERTIFICATE OF AUTHORITY I, Adrienne Breitfelder, certify that I am the City Clerk of the City of Dubuque, * Iowa, named as Consentee herein; that Rey48-.9+91, who signed the Consent on behalf • of the City of Dubuque, Iowa, is the M4ayac of the City of Dubuque, Iowa (Consentee); that Roy D. Buol was duly authorized to sign and execute said Consent on behalf of Consentee; and that execution of said Consent is within the scope of Consentee's legal authority. *Danny C. Sprank, Mayor Pro Tem �J ��CP/1trY'.P U / •E��� Adrienne Breitfelder City Clerk ACKNOWLEDGMENT STATE OF IOWA ss COUNTY OF DUBUQUE On this J1 day of June 2021, before me a Notary Public in and for said County and State, personally appeared Adrienne Breitfelder to me personally known, who being by me duly sworn did say that she is the City Clerk of the City of Dubuque, Iowa and acknowledged that the execution of said instrument to be her voluntary act and deed. AJC-EoNm mission NmESSER874LAA My Comm. Exp. Z N ARY MJBLIC (SEAL) My commission expires: 11101 IZI REIN 20-2039 Page 5 of 5 Initials: Ifj lrj perCD a ego m ) a, ti Z c U iy l%�lrhl,g gE: j a• R, , < a r° z d U, V J Z 12, � O Y LL cn c I 2 • -- CN7 n ` 0 U F�i,r ry , , O w atU a c _ c n G 0 LU CO c m N N C V C -. 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Be R w-M- hi tj IS -H! OP 15 DUE R UWE 30" S e 4 w a z E A� 3 . . - z, Ts Y \ ) | , ,__m _W_e _ yl_Tlv_e-m_a_+ oV-lNV-lda¥ NVId'IVa0W]�:1- BNLQ> | §0 z \ /® R! '�- � � # � � , ) § � ) VI_o . amda_m JMMOVId3Mm_OOe_U_e s a103SV NDIva3]ND2l0IN7 � �� ..■ �� § / 0 ` 42 \�� 14 f > ©® Ibll°9 A i1W�'dDl JO ,ZI SOMEONE ■■■■■■■HEMEMEM ■■■ m■■■■■■SEMEMEM ■■■ ■■mom ■■■■■■■■ A■■■■■■■■■■ Hs iiiiiiiiii a vn'3noneno atiaa vNiund lN3W33Yld3H Twm000ld amuci vmind SNO1103S V N0I1VA3-: a r �O wm mmEMHHII s; ml 9m 01. IL' vn'3nonsna HNNO vaiand 1N3W33VId3H llvMOGO-U 3M G VNIldnd SNOIIODS Q NOUN, :15 Eli g� 3a�s ii KKKK iS OS,y 4� DACW25-9-21-4005 DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS ROCK ISLAND DISTRICT Consent Project: Mississippi River Project, Pool 12, Dubuque County, Iowa Tract No. FIA-117 CONSENT TO EASEMENT STRUCTURES WHEREAS, the United States has acquired a perpetual flowage easement over Tract Nos. FIA-117, Mississippi River Project, Pool 12, and which was recorded in Record Book 114, Pages 1-21, in the records of Dubuque County, Iowa. WHEREAS, the United States has been requested to give consent for the installation, operation, and maintenance to repair an existing concrete floodwall that is part of the Dubuque Iowa, Flood Risk Management Project, under Section 14 of the Rivers and Harbors Act of 1899, 33 U.S.C. 408, by removing a convey pit structure built into the existing floodwall and replacing approximately 26 linear feet of the deteriorated section of floodwall. NOW THEREFORE, the Secretary of the Army, hereinafter referred to as "Secretary," on behalf of the United States and under and by virtue of the administrative authority vested in the Secretary, hereby gives consent to the City of Dubuque, Iowa, 50 W 13'h Street, Dubuque, Iowa 52001, hereinafter referred to as "Consentee," for the installation, operation and maintenance to repair an existing concrete floodwall that is part of the Dubuque Iowa, Flood Risk Management Project, under Section 14 of the Rivers and Harbors Act of 1899, 33 U.S.C. 408, by removing a convey pit structure built into the existing floodwall and replacing approximately 26 linear feet of the deteriorated section of floodwall, located approximately 1,100 feet northeast of the intersection of Purina Drive and Kerper Boulevard or approximately 50 feet west of the floodwall gate near the City's salt storage area off Purina Drive and disturbing 0.01 acre of ground, more or less, at the locations shown in Exhibits A, B, and C, attached hereto, in accordance with the approved project construction plans incorporated herein and attached as Exhibit D, hereinafter referred to as the "F000dwall Repair Project." PROVIDED HOWEVER, that this Consent is subject to the following conditions: 1. All activities conducted on the premises shall comply with all applicable Federal, state, county and municipal laws, ordinances, and regulations wherein the premises are located. 2. The giving of this Consent does not in any way subordinate the United States' prior easement rights. The United States shall in no case be liable for any damage or injury caused by the construction or installation work consented to, which may be caused by any action of the United States under its easement, or that may result from REIN 20-2039 Page 1 of Initials: D °-�,' DACW25-9-21-4005 future operations undertaken by the United States, and no claim or right to compensation shall accrue from such exercise of the United States' easement rights. 3. The United States shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the exercise of the consented activity. 4. This instrument is effective only insofar as the rights of the United States in the premises are concerned; and the Consentee shall obtain such permission as may be required on account of any other existing rights. It is understood that this Consent does not eliminate the necessity for obtaining any Department of the Army permit which may be required pursuant to the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (30 Stat. 1151; 33 U.S.C. § 403), Section 404 of the Clean Water Act (33 U.S.C. § 1344) or any other permit or license which may be required by Federal, state, interstate or local laws in connection with the use of the premises. 5. Consentee shall comply with and adhere to the terms and conditions set forth in the Section 408 Permit No. 408-MVR-2019-0015 authorized by the U.S. Army Corps of Engineers Rock Island District, dated February 19, 2020. 6. If any undocumented archeological materials are encountered by the Consentee during the repair or construction work for the Floodwall Repair Project, the Consentee must stop work immediately and contact the Real Estate Contracting Officer and protect the site and material from further disturbance until said officer gives clearance in writing to proceed. 7. Consentee shall notify the Real Estate Division, Management and Disposal Branch seventy-two (72) hours prior to the commencement of the repair and construction work for the Floodwall Repair Project. Upon completion of the construction work for the Floodwall Repair Project, the Consentee shall notify the Real Estate Division, Management and Disposal Branch to establish a time that is mutually convenient, but no later than sixty (60) days after project completion, to inspect the Floodwall Repair Project to ensure compliance with the terms of this Consent. Within thirty (30) days of the completion of the removal and repair work for the Floodwall Repair Project, Consentee will deliver to the Real Estate Division, Management and Disposal Branch "as -built" drawings and GIS shapefiles. 8. The Grantee shall neither transfer nor assign this Consent, nor grant any interest, privilege, or license whatsoever in connection with this Consent without prior written approval of the Real Estate Contracting Officer. Failure to comply with this condition shall constitute a noncompliance for which this Consent may be revoked immediately by the Real Estate Contracting Officer. 10. The terms "Real Estate Contracting Officer" and "Real Estate Division, Management and Disposal Branch" refer to the officer/office currently located at the US Army Corps of Engineers Rock Island District. In the event of agency reorganization, the terms shall refer to the successor officer/office. REIN 20-2039 Page 2 of 5 Initials: S' DACW25-9-21-4005 IN WITNESS WHEREOF, I have hereunto set my hand by authority of the Secretary of the Army on behalf of the United States, this day of 2021. Steven W. Stickle Chief, Management and Disposal Branch Rock Island District Real Estate Contracting Officer /_[WA 161VINIA1c] 1 A IWto STATE OF ILLINOIS ss COUNTY OF ROCK ISLAND On this day of 2021, before me the undersigned Notary Public, personally appeared Steven W. Stickle, Real Estate Contracting Officer for the United States Army Corps of Engineers, Rock Island District, known to me to be the person described in the foregoing instrument, who acknowledged that he executed the same in the capacity therein stated by authority of the Secretary of the Army and for the purposes therein contained. NOTARY PUBLIC (SEAL) My commission expires: REIN 20-2039 Page 3 of 5 Initials: D, S, DAC W25-9-21-4005 The terms and conditions of this Consent are hereby accepted this day of Sune 2021. The undersigned, acting as an officer of the Consentee, represents and warrants that s/he is authorized to execute this Consent without the necessity of obtaining any other signature of any person, that the execution of this Consent has been properly authorized by the governing body of the Consentee, and that this Consent is fully binding on Consentee. City of Dubuque, Iowa By: � sI1--�- 4ey Danny C. Sprank -Mayef ---P Mayor Pro Tem ACKNOWLEDGMENT STATE OF IOWA ss COUNTY OF DUBUQUE On this i2 day of Jun( 2021, before me, a Notary Public, in * and for the State of Iowa, personally appeared Reyes Buel, to me personally known, * who being by me duly (sworn or affirmed) did say that he is the-maym of the City of Dubuque, Iowa and that said instrument was signed on behalf of the said City of * Dubuque by authority of its governing body and the said Rey B. Btlel acknowledged the execution of said instrument to be the voluntary act and deed of said City of Dubuque. JENNIFER M. MESSERICH Commission N m ggr 4 My Comm. Exp.L U� y AAmM A IY1Al�ill/1/Lil NOTARY IJUBLIC (SEAL) My commission expires: 116 11y *Danny C. Sprank, Mayor Pro Tem REIN 20-2039 Page 4 of 5 Initials: DAC W25-9-21-4005 CERTIFICATE OF AUTHORITY I, Adrienne Breitfelder, certify that I am the City Clerk of the City of Dubuque, * Iowa, named as Consentee herein; that Roy B. Buol who signed the Consent on behalf * of the City of Dubuque, Iowa, is the Mayef of the City of Dubuque, Iowa (Consentee); that Ray D. Btrei was duly authorized to sign and execute said Consent on behalf of Consentee; and that execution of said Consent is within the scope of Consentee's legal authority. *Danny C. Sprank Adrienne Breitfelder City Clerk ACKNOWLEDGMENT STATE OF IOWA ss COUNTY OF DUBUQUE On this Jt day of June 2021, before me a Notary Public in and for said County and State, personally appeared Adrienne Breitfelder to me personally known, who being by me duly sworn did say that she is the City Clerk of the City of Dubuque, Iowa and acknowledged that the execution of said instrument to be her voluntary act and deed. m JENNIFER M. MESSERICHCommission Num er 874 '•_-� ��a � - My Comm. Exp. �� A rM ` N ARY PUBLIC (SEAL) My commission expires: 111 al 1'21 REIN 20-2039 Page 5 of 5 Initials: 5 DACW25-9-21-4005 DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS ROCK ISLAND DISTRICT Consent Project: Mississippi River Project, Pool 12, Dubuque County, Iowa Tract No. FIA-117 CONSENT TO EASEMENT STRUCTURES WHEREAS, the United States has acquired a perpetual flowage easement over Tract Nos. FIA-117, Mississippi River Project, Pool 12, and which was recorded in Record Book 114, Pages 1-21, in the records of Dubuque County, Iowa. WHEREAS, the United States has been requested to give consent for the installation, operation, and maintenance to repair an existing concrete floodwall that is part of the Dubuque Iowa, Flood Risk Management Project, under Section 14 of the Rivers and Harbors Act of 1899, 33 U.S.C. 408, by removing a convey pit structure built into the existing floodwall and replacing approximately 26 linear feet of the deteriorated section of floodwall. NOW THEREFORE, the Secretary of the Army, hereinafter referred to as "Secretary," on behalf of the United States and under and by virtue of the administrative authority vested in the Secretary, hereby gives consent to the City of Dubuque, Iowa, 50 W 13th Street, Dubuque, Iowa 52001, hereinafter referred to as "Consentee," for the installation, operation and maintenance to repair an existing concrete floodwall that is part of the Dubuque Iowa, Flood Risk Management Project, under Section 14 of the Rivers and Harbors Act of 1899, 33 U.S.C. 408, by removing a convey pit structure built into the existing floodwall and replacing approximately 26 linear feet of the deteriorated section of floodwall, located approximately 1,100 feet northeast of the intersection of Purina Drive and Kerper Boulevard or approximately 50 feet west of the floodwall gate near the City's salt storage area off Purina Drive and disturbing 0.01 acre of ground, more or less, at the locations shown in Exhibits A, B, and C, attached hereto, in accordance with the approved project construction plans incorporated herein and attached as Exhibit D, hereinafter referred to as the "F000dwall Repair Project." PROVIDED HOWEVER, that this Consent is subject to the following conditions: 1. All activities conducted on the premises shall comply with all applicable Federal, state, county and municipal laws, ordinances, and regulations wherein the premises are located. 2. The giving of this Consent does not in any way subordinate the United States' prior easement rights. The United States shall in no case be liable for any damage or injury caused by the construction or installation work consented to, which may be caused by any action of the United States under its easement, or that may result from REIN 20-2039 Page 1 of 5 Initials: DACW25-9-21-4005 future operations undertaken by the United States, and no claim or right to compensation shall accrue from such exercise of the United States' easement rights. 3. The United States shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the exercise of the consented activity. 4. This instrument is effective only insofar as the rights of the United States in the premises are concerned; and the Consentee shall obtain such permission as may be required on account of any other existing rights. It is understood that this Consent does not eliminate the necessity for obtaining any Department of the Army permit which may be required pursuant to the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (30 Stat. 1151; 33 U.S.C. § 403), Section 404 of the Clean Water Act (33 U.S.C. § 1344) or any other permit or license which may be required by Federal, state, interstate or local laws in connection with the use of the premises. 5. Consentee shall comply with and adhere to the terms and conditions set forth in the Section 408 Permit No. 408-MVR-2019-0015 authorized by the U.S. Army Corps of Engineers Rock Island District, dated February 19, 2020. 6. If any undocumented archeological materials are encountered by the Consentee during the repair or construction work for the Floodwall Repair Project, the Consentee must stop work immediately and contact the Real Estate Contracting Officer and protect the site and material from further disturbance until said officer gives clearance in writing to proceed. 7. Consentee shall notify the Real Estate Division, Management and Disposal Branch seventy-two (72) hours prior to the commencement of the repair and construction work for the Floodwall Repair Project. Upon completion of the construction work for the Floodwall Repair Project, the Consentee shall notify the Real Estate Division, Management and Disposal Branch to establish a time that is mutually convenient, but no later than sixty (60) days after project completion, to inspect the Floodwall Repair Project to ensure compliance with the terms of this Consent. Within thirty (30) days of the completion of the removal and repair work for the Floodwall Repair Project, Consentee will deliver to the Real Estate Division, Management and Disposal Branch "as -built" drawings and GIS shapefiles. 8. The Grantee shall neither transfer nor assign this Consent, nor grant any interest, privilege, or license whatsoever in connection with this Consent without prior written approval of the Real Estate Contracting Officer. Failure to comply with this condition shall constitute a noncompliance for which this Consent may be revoked immediately by the Real Estate Contracting Officer. 10. The terms "Real Estate Contracting Officer" and "Real Estate Division, Management and Disposal Branch" refer to the officer/office currently located at the US Army Corps of Engineers Rock Island District. In the event of agency reorganization, the terms shall refer to the successor officer/office. REIN 20-2039 Page 2 of 5 Initials: DACW25-9-21-4005 IN WITNESS WHEREOF, I have hereunto set my hand by authority of the Secretary of the Army on behalf of the United States, this day of 2021. Steven W. Stickle Chief, Management and Disposal Branch Rock Island District Real Estate Contracting Officer ACKNOWLEDGMENT STATE OF ILLINOIS ss COUNTY OF ROCK ISLAND On this day of 2021, before me the undersigned Notary Public, personally appeared Steven W. Stickle, Real Estate Contracting Officer for the United States Army Corps of Engineers, Rock Island District, known to me to be the person described in the foregoing instrument, who acknowledged that he executed the same in the capacity therein stated by authority of the Secretary of the Army and for the purposes therein contained. NOTARY PUBLIC (SEAL) My commission expires: REIN 20-2039 Page 3 of 5 Initials: DACW25-9-21-4005 The terms and conditions of this Consent are hereby accepted this a day of J urif- 2021. The undersigned, acting as an officer of the Consentee, represents and warrants that s/he is authorized to execute this Consent without the necessity of obtaining any other signature of any person, that the execution of this Consent has been properly authorized by the governing body of the Consentee, and that this Consent is fully binding on Consentee. City of Dubuque, Iowa By: D7-- ganny C. Sprank ` a'yu ' Mayor Pro Tem ACKNOWLEDGMENT STATE OF IOWA ss COUNTY OF DUBUQUE On this day of Jam 2021, before me, a Notary Public, in * and for the State of Iowa, personally appeared 'R9oy-I & , to me personally known, * who being by me duly (sworn or affirmed) did say that he is the -lr-of the City of Dubuque, Iowa and that said instrument was signed on behalf of the said City of * Dubuque by authority of its governing body and the said ,R®y�. Perrot acknowledged the execution of said instrument to be the voluntary act and deed of said City of Dubuque. JENNIFER M. MESSERICH z Commission Nu er 7 74 a fly Comm. Exp. �i1 ®� NOTARY PUBLIC (SEAL) My commission expires *Danny C. Sprank, Mayor bro Tem REIN 20-2039 Page 4 of 5 Initials: DACW25-9-21-4005 CERTIFICATE OF AUTHORITY I, Adrienne Breitfelder, certify that I am the City Clerk of the City of Dubuque, * Iowa, named as Consentee herein; that R-ey- -Buet, who signed the Consent on behalf of the City of Dubuque, Iowa, is the Mayx. of the City of Dubuque, Iowa (Consentee); that Roy D. Buol was duly authorized to sign and execute said Consent on behalf of Consentee; and that execution of said Consent is within the scope of Consentee's legal authority. *Danny C. Sprank, Mayor Pro Tem Adrienne Breitfelder City Clerk ACKNOWLEDGMENT STATE OF IOWA ss COUNTY OF DUBUQUE On this it day of 3LAnt 2021, before me a Notary Public in and for said County and State, personally appeared Adrienne Breitfelder to me personally known, who being by me duly sworn did say that she is the City Clerk of the City of Dubuque, Iowa and acknowledged that the execution of said instrument to be her voluntary act and deed. `PpAI SFLJENNIFER M, M�Ir.7 SERICH ission Num4 874 mm. Exp. NO ARY PUBLIC (SEAL) My commission expires: REIN 20-2039 Page 5 of 5 Initials: Ifj lrj perCD a ego m ) a, ti Z c U iy l%�lrhl,g gE: j a• R, , < a r° z d U, V J Z 12, � O Y LL cn c I 2 • -- CN7 n ` 0 U F�i,r ry , , O w atU a c _ c n G 0 LU CO c m N N C V C -. E O U wz t } IP LU L� of �n o O O m - - ��� �> c = - a W I at N Q - _ 1 1~ 1Z ...J U-. ( 7 � W O<] M p Q' -j 2 Z U �! 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Be R w-M- hi tj IS -H! OP 15 DUE R UWE 30" S e 4 w a z E A� 3 . . - z, Ts Y \ ) | , ,__m _W_e _ yl_Tlv_e-m_a_+ oV-lNV-lda¥ NVId'IVa0W]�:1- BNLQ> | §0 z \ /® R! '�- � � # � � , ) § � ) VI_o . amda_m JMMOVId3Mm_OOe_U_e s a103SV NDIva3]ND2l0IN7 � �� ..■ �� § / 0 ` 42 \�� 14 f > ©® Ibll°9 A i1W�'dDl JO ,ZI SOMEONE ■■■■■■■HEMEMEM ■■■ m■■■■■■SEMEMEM ■■■ ■■mom ■■■■■■■■ A■■■■■■■■■■ Hs iiiiiiiiii a vn'3noneno atiaa vNiund lN3W33Yld3H Twm000ld amuci vmind SNO1103S V N0I1VA3-: a r �O wm mmEMHHII s; ml 9m 01. IL' vn'3nonsna HNNO vaiand 1N3W33VId3H llvMOGO-U 3M G VNIldnd SNOIIODS Q NOUN, :15 Eli g� 3a�s ii KKKK iS OS,y 4� 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 28.95 Subscribed to befl e me, a Notary Pubh n and for Dubuque County, Iowa, this 1 Ith day of June, 2021 l IQ _ Nota blic in and for Dubuque tounty, Iowa. ••JANET K. PAPE Commission Number 199869 My Comm. Exp. DEC 11, 2022 Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct a public hearing on the 21st day of June 2021, at 6:30 p.m., and conducted virtually, at which meeting the City Council proposes to take action on the Acceptance of Consent to Easement Structures between the City and the United States government. Due to the ongoing COVED-19 pandemic, the City Council will meet virtually through GoToMeeting. The official agenda will be posted the Friday before the meeting 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 hearings are on file in the City Clerk's Office, City Hall, 50 W. 13th St., Dubuque, Iowa, and may be viewed during normal working hours. 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 hearings may be submitted to the City Clerk's Office, 50 W. 13th St., Dubuque, IA 52001, on or before said time of public hearing. At said time and place of public hearings all interested citizens and parties will be given an opportunity to be heard for or against said proposal. Individuals with limited English proficiency, vision, hearing or speech impairments requiring special assistance should contact the City Clerk's Office at (563) 589-4100, TDD (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. Adrienne N. Breitfelder City Clerk It 6/11 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: 06/17/2021 and for which the charge is 50.90 Subscribed to before me, a Notary1' in and for Dubuque County, Iowa, this 21st day of June, 2021 Notar blic in and for Dubuque County, Iowa. JANET K. PAPE Commisslon Number 199559 Hy Comm. Exp. DEC 11, 20,22 Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct a public hearing on the 2lst day of June 2021, at 6:30 p.m., and conducted virtually, at which meeting the City Council proposes to take action on the Acceptance of Consent to Easement Structures between the City and the United States government. Due to the ongoing COVID-19 pandemic, the City Council will meet virtually through GoToMeeting. The official agenda will be posted the Friday before the meeting 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 Clerks Office at 563-589-4100, ctyclerk@cityofdubuque.org. Copies of supporting documents for the public hearings are on file in the City Clerks Office, City Hall, 50 W. 13th St., Dubuque, Iowa, and may be viewed during normal working hours. To comply with social distancing mandates, documents can be viewed at https://www.cityofdubuque.org/Agendas or by contacting the City Clerks Office at 563-589-4100. Written comments regarding the above public hearings may be submitted to the City Clerks Office, 50 W. 13th St., Dubuque, IA 52001, on or before said time of public hearing. At said time and place of public hearings all interested citizens and parties will be given an opportunity to be heard for or against said proposal. Individuals with limited English proficiency, vision, hearing or speech impairments requiring special assistance should contact the City Clerks Office at (563) 589-4100, TDD (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. Adrienne N. Breitfelder City Clerk RESOLUTION NO. 185-21 SETTING DATE OF PUBLIC HEARING ON THE AGREEMENT WITH THE ARMY CORPS OF ENGINEERS CONSENT TO EASEMENT STRUCTURES NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: WHEREAS, the City of Dubuque has a flood control system along the Mississippi River, and WHEREAS, the United States has acquired a perpetual flowage easement over Tract Nos. FIA-117, Mississippi River Project, Pool 12, and which was recorded in Record Book 114, Pages 1-21, in the records in Dubuque, Iowa, and WHEREAS, the United States has been requested to give consent for the installation, operation, and maintenance to repair an existing concrete floodwall that is part of the Dubuque, Iowa Flood Risk Management Project, and WHEREAS, the City of Dubuque is required to enter into an Acceptance of Consent to Easement Structures NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: A PUBLIC HEARING WILL BE HELD BY the Dubuque City Council on the 21st day of June 2021, at 6:30 p.m., and conducted virtually, at which time the City Council proposes to act on the Acceptance of Consent 10 Easement Structures between the City and the United States. Passed, adopted, and approved this 7th day of June 2021. Roy D. Buol, Mayor Attest: Adrienne N. Breitfelder, City Clerk It 6/17