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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