Easement Agreement for Washington Street Row Houses ProjectMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Easement Agreement for Washington Street Row Houses Project
DATE: June 15, 2010
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Assistant City Attorney Tim O'Brien recommends the City Council set a public hearing
for July 6, 2010, on an Easement Agreement for property located at the Washington
Row Houses, 1765 -1795 Washington Street, and the adjacent commercial property at
260 East 18 Street. The easement will allow construction of ornamental fencing to
enclose and secure the courtyard, gates, installation of roof stormwater drainage
systems for both the Washington Street and East 18 Street properties, common
pedestrian right -of -ways, patios, maintenance and for installation and maintenance of all
utility services.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
David Harris, Housing and Community Development Department Director
Masterpiece on the Mississippi
JAMES (TIM) A. O'BRIEN, ESQ.
ASSISTANT CITY ATTORNEY
MEMORANDUM
To: Mayor Roy D. Buol and
Members of the City Council
DATE: June 16, 2010
RE: Easements for Washington Street Row Houses Project
The purpose of this Memorandum is to request that the City Council set for public
hearing the City Council's intent to approve the disposition of real property owned by the
City in the form of the Easement Agreement attached hereto.
The purpose of the Easement Agreement is to revise and replace and add to various
easements currently in effect for the seven row houses located at 1765 through 1795
Washington Street and an adjacent commercial building at 260 East 18 Street.
The Row House project has been in development for the past two years. The City of
Dubuque has purchased two units; Dubuque Bank and Trust's Community
Development Corporation has purchased four. All of these are vacant. The seventh
unit is owned and occupied by Gary Bishop.
As part of the Housing Department's plan to renovate and re -sell the six units as owner -
occupied town homes, installation of all -new water and sanitary sewer services will be
provided, in the rear courtyard of this complex. This necessitates an Easement
Agreement, attached.
The easement will allow construction of ornamental fencing to enclose and secure the
courtyard; gates; installation of roof stormwater drainage systems for both the
Washington Street and East 18 Street properties; common pedestrian right -of -ways;
patios; maintenance; and for installation and maintenance of all utility services.
The Easement Agreement has been signed by Gary Bishop; Duane Frick , Exec Vice
President of DB &T's Community Development Corporation; and Keith and Mary Clark,
owners of 260 East 18 Street/Dubuque Clamp Works.
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944
TELEPHONE (563) 583 -8550 / FAx (563) 583 -1040 / EMAIL tiobrien @cityofdubuque.org
Because of pressing deadlines both for spend -down of the $240 000 IFA I -Jobs grant
previously awarded to the City for this project, and the bidding contractors' schedules,
construction on the water and sanitary sewer installation was authorized prior to this
request.
ACTION STEP
The action requested of the City Council is to set for public hearing the disposition of the
City's interest in real estate in the form of the attached Easement Agreement for the
purposes outlined therein.
JAO:tls
Attachment
cc: Michael C. Van Milligen, City Manager
David Harris, Housing & Community Development Director
F:\US ERS \tsteckle \O' Brien\ Memos \MayorCou ncil_Easeme ntWash i ngtonStreetRowHo usesP roject_061610. d oc
Preparer: James A. O'Brien Address: Suite 330 Harbor View Place 300 Main Street
Dubuque, IA 52001 Telephone: (563) 583 -4113
RESOLUTION NO. 207-10
SETTING A PUBLIC HEARING ON A PROPOSED EASEMENT AGREEMENT
BETWEEN THE CITY OF DUBUQUE , IOWA (CITY), KEITH KARLTON
CLARK AND MARY E. CLARK (CLARK), DB &T COMMUNITY
DEVELOPMENT CORP. (DB &T CDC), AND GARY F. BISHOP (BISHOP),
ESTABLISHING RIGHTS AND DUTIES OF THE PARTIES RELATING TO THE
WASHINGTON STREET ROW HOUSES PROJECT
WHEREAS, City, Clark, DB &T CDC, and Gary F. Bishop are owners of
the real estate related to the Washington Row Houses Project: and
WHEREAS, these parties wish to revise, restate and establish various
rights and obligations of the parties, their successors and assigns with respect to
use, access, construction and maintenance of structures and open space, city
water, sanitary sewer, storm water, drainage and utilities relating to the
Washington Street Row Houses Project.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA AS FOLLOWS:
1. The City Clerk is hereby authorized and directed to cause this
Resolution and a Notice to be published as prescribed by Iowa Code Section 364.3
of a public hearing on the City Council's intent to approve the Easement Agreement
attached hereto, to be held on the 6th day of July , 2010, at 6:30 o'clock
p.m. to be held at the City Council Chambers at the Historical Federal Building at
350 West 6 Street, Dubuque, Iowa.
Passed, approved and adopted this 21st day of June , 2010.
Attest:
eanne F. Schneider, City Clerk
Roy D% uol, Mayor
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Prepared by: James A. O'Brien
EASEMENT AGREEMENT
THIS AGREEMENT is made this day of June, 2010, by and between Keith
Karlton Clark and Mary E. Clark, husband and wife, (Clark), DB &T Community
Development Corp., (DB &T CDC), the City of Dubuque, Iowa, (City), and Gary F. Bishop, a
single person, (Bishop).
Iowa:
060910
300 Main Street, Dubuque, Iowa 563 - 583 -4113
RECITALS
Clark is the Owner of the following described real estate in Dubuque County, Iowa:
The West 1/2 of Lot 90 and the West 1/2 of Lot 91 in East
Dubuque Addition, in the City of Dubuque, Iowa (Parcel A)
DB &T CDC is the owner of the following described real estate in Dubuque County,
Lot 2 of Lot 1 of the East'/ of Lot 90 and Lot1 of Lot 2 of the
East 1/2 of Lot 90 and Lot 2 of Lot 1 of the East'/ of Lot 91 and
Lot 2 of Lot 2 of the East '/ of Lot 91, all in East Dubuque
Addition, in the City of Dubuque, Iowa (Parcel B)
City is the owner of the following described real estate in Dubuque County, Iowa:
Lot 2 of Lot 2 of the East'/ of Lot 90 and Lot1 of Lot 1 of the
East 1/2 of Lot 91 and Lot 1 of Lot 2 of the East % of Lot 91, all
in East Dubuque Addition, in the City of Dubuque, Iowa (Parcel
C)
Bishop is the owner of the following described real estate in Dubuque County, Iowa:
Lot 1 of Lot 1 of the East 1/2 of Lot 90 in East Dubuque
Addition, all in the City of Dubuque, Iowa (Parcel D)
The purpose of this Agreement is to set forth the rights and duties of the parties,
their successors and assigns with respect to use, access, construction and maintenance of
structures and open space, city water, sanitary sewer, storm water, drainage and utilities.
THEREFORE, in consideration of the mutual promises set forth herein, the parties
agree as follows:
1. Access Easement and Right of Way. The owners of Parcel B, Parcel C and
Parcel D are granted a nonexclusive right and easement over and across Parcels B, C and
D and that portion of Parcel A east of the existing structure located on Parcel A for the
purposes of pedestrian passageway.
2. Easements for Sewer, Water, Gas, Electric and Storm water. The owners of
Parcel B, Parcel C and Parcel D grant an easement to the owner of Parcel A for the joint
use of storm water drainage structures located on the westerly 10 feet of Parcel B, Parcel
C and Parcel D. The owners of Parcel B, Parcel C and Parcel D are granted an easement
for the construction, maintenance and use of sewer, water, gas, electric and storm water
lines, structures and equipment located on the westerly 10 feet of Parcel B, Parcel C and
Parcel D and that portion of Parcel A east of the existing structure located on Parcel A.
3. Easement Termination. The owners of Parcel B, Parcel C and Parcel D hereby
terminate and quitclaim to the owner of Parcel A the sewer easement set forth in Book 144,
page 360, filed July 22, 1952 of the records of the Dubuque County Recorder and
terminate the easements established in a contract for sale and purchase between David F
Schmid, et al, as Seller and Oliver James Kringle and Patricia R. Kringle, Buyer, dated
March 31, 1955 and filed May 7, 1955 at Book 212, pages 136 -138 of the records of the
Dubuque County Recorder.
4. Gate Placement. The owner of Parcel A grants to the owners of Parcel B, Parcel
C and Parcel D an easement for the purpose of constructing, maintaining and replacing a
free - standing fence or gate on the northeast corner and on the southeast corner of the
building located on Parcel A. The owner of Parcel D grants to the owners of Parcel B and
Parcel C an easement for the purpose of attaching, maintaining and replacing a gate on
the southeast corner of the building located on Parcel D.
5. Patios. The owners of Parcel B, Parcel C and Parcel D agree that the owners of
each of the dwelling units located on Parcel B, Parcel C and Parcel D shall have the right
to create and then the duty to maintain separate patio space on the westerly ten feet of the
lot owned by each owner, subject to the right of pedestrian passage across the westerly
two feet of that ten foot area subject to and any other existing easements including those
granted by this agreement.
6. Maintenance Easement. The owner of Parcel A is granted a nonexclusive
easement over and across the westerly ten feet of Parcels B, C and D for maintenance of
the east wall of the structure located on Parcel A.
7. Repair of Damage. It shall be the obligation of the person exercising easement
rights granted under this agreement to repair any damage caused to the real estate or any
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structures located thereon by that exercise of easement rights.
8. Successors and Assigns. This Agreement'shall be binding upon and inure to the
benefit of the parties and their respective successors in interest and assigns.
9. State Law. This Agreement shall be governed by the laws of the State of Iowa.
CITY OF DUBUQUE, IOWA DB &T COMMUNITY DEVELOPMENT
CORP.
By: By:
Roy D. Buol, Mayor Duane T. Frick, Executive Vice President
Attest:
Jeanne F. Schneider, City Clerk KEITH KARLTON CLARK
GARY F. BISHOP MARY E. CLARK
STATE OF IOWA
COUNTY OF DUBUQUE
On this day of , 20 , before me a Notary Public in and for
said County, personally appeared Roy D. Buol and Jeanne F. Schneider to me personally
known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively
of the City of Dubuque, Iowa, a Municipal Corporation, created and existing under the laws
of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said
Municipal Corporation, and that said instrument was signed and sealed on behalf of said
Municipal Corporation by authority and resolution of its City Council and said Mayor and
City Clerk acknowledged said instrument to be the free act and deed of said Municipal
Corporation by it voluntarily executed.
STATE OF IOWA
COUNTY OF DUBUQUE
On this day of , 2010, before me, the undersigned, a Notary
Public in and for said State, personally appeared Keith Karlton Clark and Mary E. Clark,
husband and wife, to me known to be the identical person named in and who executed the
foregoing instrument and acknowledged that he executed the same as his voluntary act
and deed.
STATE OF IOWA
COUNTY OF DUBUQUE
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SS
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Notary Public in and for Dubuque County, Iowa
SS
Notary Public in and for Dubuque County, Iowa
On this day of 20__ before me the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Duane T. Frick, to me personally
known, who, being by me duly sworn, did say that he /she is the Executive Vice President of
DB &T Community Development Corp., the corporation executing the instrument to which
this is attached and that as said Executive Vice President of DB &T Community
Development Corp., acknowledges the execution of said instrument to be the voluntary act
and deed of said company, by it and by him, an individual, voluntarily executed.
Notary Public in and for Dubuque County, Iowa
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STATE OF IOWA
COUNTY OF DUBUQUE
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On this day of , 2010, before me, the undersigned, a Notary
Public in and for said State, personally appeared Gary F. Bishop, a single person, to me
known to be the identical person named in and who executed the foregoing instrument and
acknowledged that he executed the same as his voluntary act and deed.
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