Intent to Dispose by Easement_Jecklin Lane_InitiateTHE CITY OF
Dui
Masterpiece on the Mississippi
Dubuque
band
AI -America City
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2007 • 2012 • 2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Disposition of Jecklin Lane through Roadway Easement to Dubuque
County
DATE: July 31, 2014
A portion of Jecklin Lane, a county road, had to be relocated in order to extend the
runway safety area as part of the airport construction project. The relocated portion of
Jecklin Lane is now on City property. The City needs to grant a roadway easement to
Dubuque County for the relocated Jecklin Lane to complete the transaction.
Airport Manager Robert Grierson recommends the City Council set a public hearing for
August 18, 2014 on the disposition of a portion of Jecklin Lane.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Ws,
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Robert A. Grierson, Airport Manager
THE CITY OF
Dui
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Robert A Grierson, Airport Manager
DATE: July 29, 2014
SUBJECT: Disposition of Jecklin Lane through roadway easement to Dubuque County
Dubuque
trati
M -America City
'111'
2007 • 2012 • 2013
INTRODUCTION
A portion ofJecklin Lane, a county road, had to be relocated in order to extend the runway safety area as part of the airport
construction project. The relocated portion ofJecklin Lane is now on City property. The City needs to grant a roadway
easement to Dubuque County for the relocated Jecklin Lane to complete the transaction.
BACKGROUND
A portion ofJecklin Lane, a county road, had to be relocated in order to extend the runway safety area as part of the airport
construction project. The relocated portion ofJecklin Lane is now on City property. The City needs to grant a roadway
easement to Dubuque County for the relocated Jecklin Lane to complete the transaction.
RECOMMENDATION
City Council is asked to set a public hearing on the disposition of the portion of Jecklin Lane on city property by roadway
easement to Dubuque County.
ACTION TO BE TAKEN
City Council is asked to approve the resolution Setting the Public Hearing for disposition of a portion ofJecklin Lane.
Prepared by:
Crenna Brumwell, Assisant City Attorney
RESOLUTION NO. 231-14
RESOLUTION SETTING A PUBLIC HEARING ON THE DISPOSITION OF
PROPERTY BY EASEMENT TO DUBUQUE COUNTY
Whereas, the City of Dubuque is constructing a new airport terminal at the
Dubuque Regional Airport, and
Whereas, as part of the construction project the airport was required to extend
the runway safety area to comply with Federal Aviation Administration (FAA)
requirements, and
Whereas, extension of the runway safety area required the relocation of a portion
of Jecklin Lane, a county roadway, and
Whereas, the portion of Jecklin Lane was relocated onto City of Dubuque
property, and
Whereas, it was, and is, in the best interests of the City and Dubuque County for
Jecklin Lane to be relocated onto City property yet remain a county road, and
Whereas, Dubuque County has agreed to accept an easement for the relocated
Jecklin Lane on City property.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council sets a public hearing on the Easement
Agreement with Dubuque County for August 18, 2014 at 6:30 p.m. in the City Council
Chamber, Historic Federal Building, 350 W. 6t" Street, Dubuque, Iowa.
Passed, approved and adopted this 4th day of August, 201
Attest:
Kevi S. Firnstah , Cit
lerk
Roy D. Buol, Mayor
Roadway Easement
Recorders Cover Sheet
Preparer Information:
City Attorney's Office
300 Main Street, Suite 330
Dubuque, IA 52001
Return Document To:
Grantors:
Grantees:
Legal Description:
EASEMENT FOR ROADWAY ACCESS
KNOW ALL PERSONS BY THESE PRESENTS:
That the City of Dubuque, Iowa (hereinafter "City") in consideration of the sum of One
Dollar ($1.00) to be paid by Dubuque County, Iowa (hereinafter "County"), and other
good and valuable consideration, the receipt of which is hereby acknowledged by the
City, does hereby sell, grant, and convey unto the County, a perpetual roadway
easement, as from time to time determined by the City, over, under, through, and
across the following described real estate:
Tract A for relocation of Jecklin Lane in Lot 1 of the Replat of the
Northwest Quarter of the Northwest Quarter in Lot 1 of the Northwest
Quarter of the Northwest Quarter, all in Section 27, Township 88 North,
Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa as
shown on the plat attached hereto recorded on the day of
2014, Instrument No. records of the Dubuque
County Recorder
and
Tract A for the relocation of Jecklin Lane in Lot 1 of the Replat of the
Southwest Quarter of the Southwest Quarter all in Section 22, Township
88 North, Range 2 East of the 5th Principal Meridian, Dubuque County,
Iowa as shown on the plat attached hereto recorded on the day of
2014, Instrument No. records of the Dubuque
County Recorder
(hereinafter "Easement Areas") for the purpose of relocating Jecklin Lane and the
County constructing, reconstructing, repairing, grading, improving, and maintaining
public vehicular and pedestrian access, together with necessary appurtenances thereto,
under, over, through, and across said Easement Areas.
This Easement is subject to the following terms and conditions:
1. ERECTION OF STRUCTURES PROHIBITED. City and its successors
and assigns shall not erect any structure, building, or fence over or within
the Easement Areas without obtaining the prior written approval of the
County Administrator or his designee.
2. MAINTENANCE OF EASEMENT. County shall keep and preserve that
portion of the easement within its property in good repair and condition at
all times, and shall not plant nor permit to grow any trees or other
vegetative growth within the Easement Area which might reasonably be
expected to obstruct or impair the purposes of the easement.
3. CHANGE IN GRADE PROHIBITED. City and its successors and assigns
shall not change the grade, elevation, or contour of any part of the
Easement Areas without obtaining the prior written consent of the County
or its designee.
4. RIGHT OF ACCESS. County shall have the right of access to the
Easement Areas from property adjacent to the Easement Areas and have
all rights of ingress and egress reasonably necessary for the use and
enjoyment of the Easement Areas as herein described, including, but not
limited to, the right to remove any unauthorized obstructions or structures
placed or erected on the Easement Areas and the right to improve, repair,
and maintain the Easement Areas in whatever manner necessary or
consistent with its purpose.
5. EASEMENT RUNS WITH LAND. This Easement shall be perpetual,
permanent, and runs with the land and shall be binding on City and on
City's successors and assigns.
6. PROPERTY TO BE RESTORED. Upon completion of any construction,
reconstruction, repair, enlargement, or maintenance of any improvements
in any Easement Areas, the County shall restore the Easement Areas in
good and workmanlike manner to a condition comparable to its condition
before construction, reconstruction, or alteration.
City does HEREBY COVENANT with the County that City holds said real estate
described in this Easement by title in fee simple; that City has good and lawful authority
to convey the same; and said City covenants to WARRANT AND DEFEND the said
premises against the lawful claims of all persons whomsoever.
Each of the undersigned hereby relinquishes all rights of dower, homestead, and
distributive share, if any, in and to the interests conveyed by this Easement.
Words and phrases herein including acknowledgment hereof shall be construed as in
the singular or plural number, and as masculine or feminine gender, according to the
context.
Signed this day of 2014.
CITY OF DUBUQUE
By: Mayor Roy D. Buol
STATE OF IOWA )
COUNTY OF DUBUQUE )
ss
On this day of 2014, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared
to me known to be the identical person(s) named in
the foregoing instrument and who executed the same as his/her/their voluntary act and
deed.
Notary Public in and for the State of Iowa