Intent to Dispose by Easement_Merlin Lane_InitiateTHE CITY OF
Dui
Masterpiece on the Mississippi
Dubuque
band
AI -America City
r
2007 • 2012 • 2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Disposition of Merlin Lane through Roadway Easement to Dubuque
County
DATE: July 31, 2014
A portion of Merlin Lane, a county road, had to be relocated in order to create the new
airport entrance road (Aviation Drive). The relocated portion of Merlin Lane is now on
City property. The City needs to grant a roadway easement to Dubuque County for the
relocated Merlin 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 Merlin 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 Merlin Lane through roadway easement to Dubuque County
Dubuque
trati
a -America City
'111'
2007 • 2012 • 2013
INTRODUCTION
The construction of the New Terminal Facility necessitates the relocation of the entrance road to the terminal. This requires
Merlin Lane to be relocated from Dubuque County to the City of Dubuque. The City needs to grant a roadway easement to
Dubuque County for the relocated Merlin Lane to complete the transaction.
BACKGROUND
A portion of Merlin Lane, a county road, had to be relocated in order to create the new airport entrance road (Aviation Drive).
The relocated portion of Merlin Lane is now on City property. The City needs to grant a roadway easement to Dubuque
County for the relocated Merlin Lane to complete the transaction.
RECOMMENDATION
City Council is asked to set a public hearing on the disposition of the portion of Merlin 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 of Merlin Lane.
Prepared by:
Crenna Brumwell, Assisant City Attorney
RESOLUTION NO. 232-14
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 a new entrance road is being
constructed, and
Whereas, construction of the new entrance road requires the relocation of a
portion of Merlin Lane, a county roadway, and
Whereas, the portion of Merlin 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
Merlin 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
Merlin 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. 6th Street, Dubuque, Iowa.
Passed, approved and adopted this 4th day of August, 2014.
Attest:
Kevin Firnstahl, City erk
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 (hereinafter "City") in consideration of the sum of
One Dollar ($1.00) to be paid by Dubuque County, and other good and valuable
consideration, the receipt of which is hereby acknowledged by the City, does
hereby sell, grant, and convey unto Dubuque County (hereinafter "County"), a
perpetual roadway easement, as from time to time determined by the City, over,
under, through and across the following described real estate:
Lot B for the Relocation of Merlin Lane located in the Southeast Quarter
of the Northwest Quarter of section 35, 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 called "Easement Area") for the purpose of relocating Merlin 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 Area.
This Easement shall be 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 known as Merlin Lane 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 Area 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 Area, the County shall restore the
easement area 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 )
ss
COUNTY OF DUBUQUE )
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