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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 hitti All- AnkdcaCity 1 I 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 bfrd AFAmericaCity 11111! 2007 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