Easement Agreement for Washington 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 Row Houses Project
DATE: June 30, 2010
Housing and Community Development Department Director David Harris recommends
City Council approval of an Easement Agreement for property located at the
Washington Row Houses, 1765 -1795 Washington Street, and the adjacent commercial
property at 260 East 18th 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 18th Street properties,
common pedestrian right -of -ways, patios, maintenance and for installation and
maintenance of all utility services. In addition, the Agreement will terminate the sanitary
sewer easement granted to owners of the property at 260 East 18 Street, dating to
1952.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mich el C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
David Harris, Housing and Community Development Department Director
Dubuque
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2007
Masterpiece on the Mississippi
TO: Michael Vans ligen, City Manager
FROM: Davi arris, Housing and Community Development Department
SUBJECT: Easement Agreement for Washington Row Houses Project
DATE: 28 June 10
Dubuque
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Introduction
The purpose of this memorandum is to request the City Council to approve the Mayor's
execution of the attached Easement Agreement for disposition of real property owned
by the City and for common uses of property at the "Washington Row Houses," located
at 1765 -1795 Washington Street; and 260 East 18 Street.
Discussion
The Easement Agreement 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. In
addition, the Agreement will terminate the sanitary sewer easement granted to owners
of the property at 260 East 18 Street, dating to 1952.
The Easement Agreement has been signed by Gary Bishop, and by Duane Frick ,
Executive Vice President of DB &T's Community Development Corporation — owners of
five of the units; and by Keith and Mary Clark, owners of 260 East 18 Street/Dubuque
Clamp Works.
By passage of Resolution No. 207 -10 at its 21 June 10 meeting, the City Council set the
public hearing declaring the City's intent to approve this Agreement.
Action Step
The action requested of the City Council is to approve the attached Easement
Agreement for installation of utility services and other common uses of property located
at the Washington Row Houses, 1765 -1795 Washington Street; and the adjacent
commercial property at 260 East 18 Street.
cc:
Asst City Attorney O'Brien
att
Prepared by: James A. O'Brien, 300 Main Street, Suite 330, Dubuque, IA 52001 (563) 589 -4381
Return to: James A. O'Brien, 300 Main Street, Suite 330, Dubuque, IA 52001 (563) 589 -4381
RESOLUTION NO. 239 -10
RESOLUTION DISPOSING OF REAL PROPERTY BY REVISING, RESTATING AND
VACATING VARIOUS EASEMENTS RELATING TO THE WASHINGTON STREET
ROWHOUSES PROJECT OVER PORTIONS OF LOTS 90 AND 91 IN THE 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 the25th day of June , 2010, the City
Council of the City of Dubuque, Iowa met on the 6th day of July , 2010, at
6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West
6 th Street, Dubuque, Dubuque County, Iowa to consider the proposal for an Easement
Agreement relating to portions of Lots 90 and 91 in East Dubuque Addition in the City of
Dubuque, Iowa as set forth in Exhibit A attached hereto; and
Whereas, the City Council of the City of Dubuque, Iowa, overruled any and all
objections, oral or written to this proposal to dispose of an interest of the City of
Dubuque, Iowa, in the described real estate.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Easement Agreement attached hereto as Exhibit A is
hereby approved.
Section 2. That the Mayor be authorized and directed to execute said
Easement Agreement attached hereto as Exhibit A, and the City Clerk be and is hereby
authorized and directed to record said Easement Agreement in the Office of the
Dubuque County Recorder upon execution by all parties.
Section 3. That the City Clerk be and is hereby authorized and directed to
record a certified copy of this resolution in the offices of the City Assessor, Dubuque
County Recorder and Dubuque County Auditor.
Attest:
Passed, approved and adopted this 6th
anne F. Schneider, CMC, City Clerk
day of July
, 2010.
Roy D. Buol, Mayor
Prepared by: James A. O'Brien
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
EASEMENT AGREEMENT
RECITALS
Clark is the Owner of the following described real estate in Dubuque County, Iowa:
The West % 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 1 /2 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 1 /2 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 1 /2 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 % 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
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.
CITY OF DUBUQUE, IOWA DB &T COMMUNITY DEVELOPMENT
CORP.
By: By: f
Roy D. Buol, Mayor
Attest:
9. State Law. This Agreement shall be governed by the laws of the State of Iowa.
uafj�i?. Frick, Executive Vice President
/ /
Jeanne F. Schneider, City Clerk KEI KAR • 4 CLARK
77(1 (5), 7__z
MARY E. CLARK
STATE OF IOWA
COUNTY OF DUBUQUE
)
)
)
SS
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
)
)
)
Notary Public in and for Dubuque County, Iowa
SS
On this j� 1/4H4- day of ' 2 h e. , 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.
JOLEEN A. PATTERSON
Notarial Seal - State of Iowa
Commission Number: 753149
My Commission Emirs: Jura 6, 2011
STATE OF IOWA
)
SS
COUNTY OF DUBUQUE )
JOLE,EN A. PATI ERSON
Notarial SO - SI Me of Iowa
Commission Nsmbsr: 753149
My Commission Imiras: Jam 6, 204
-4-
a • ( _zz c-vID
ry Public in and for Dubuque County, Iowa
On this // day of % cc 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 hi an individual, voluntarily executed.
ary Public in and for Dubuque County, Iowa
STATE OF IOWA
COUNTY OF DUBUQUE
SS
On this J40, day of , 2010, before me, the undersigned, a Notary
Public in and for said Sta , 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
acknowled • ed that he exec - • the same as his voluntary act and deed.
JOLEEN A. PAT1ERSON
Muriel Sot - Sims of l
Commissisa Node 753149
My COMNIINNOR Irk 7►►
F:\ USERS \tsteckle \O'Brien\Agreements \Washington St. Apts easement final 6- 9- 10.docx
Public in and for Dubuque County, Iowa