Grant of Easement Across City Property_Manson Road_McNamer_Initiate Copyright 2014
City of Dubuque Items to be set for Public Hearing # 2.
ITEM TITLE: Grant of Easementfor Ingress and Egress Across City-
Owned Property- Manson Road
SUMMARY: City Manager recommending setting a public hearing for
April 4, 2016, on a request received from Nancy A. Comer
McNamer and Martin J. McNamer for the granting of an
easement across a portion City-owned property to access
their property, Lot 1 of McNamer Acres No. 4, from the
Manson Road Right-of-Way.
RESOLUTION of Intent to Dispose of City interest by Grant
of Ingress and Egress Easement to Nancy A. Comer
McNamer and Martin J. McNamer over a portion of Lot 1-2-
1-1-1-1-1-1-2-1-4 and Lot 2-2-1-1-1-1-1-1-2-1-4 of Mineral
Lot 501, in the City of Dubuque
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s), Set Public Hearing for 4/4/16
ATTACHMENTS:
Description Type
Grant of Easement for Ingress and Egress-MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Resolutions
Easement Agreement Supporting Documentation
Exhibit Supporting Documentation
Location Map Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Grant of Easement for Ingress and Egress Across City Owned Property —
Lot 1-2-1-1-1-1-1-1-2-1-4 and Lot 2-2-1-1-1-1-1-1-2-1-4 of Mineral Lot
501, in the City of Dubuque
DATE: February 26, 2016
City Engineer Gus Psihoyos requests the City Council set a public hearing for April 4,
2016, on a request received from Nancy A. Comer McNamer and Martin J. McNamer
for the granting of an easement across a portion of Lot 1-2-1-1-1-1-1-1-2-1-4 and Lot
2-2-1-1-1-1-1-1-2-1-4 of Mineral Lot 501, in the City of Dubuque, to access their
property, Lot 1 of McNamer Acres No. 4, from the Manson Road Right-of-Way.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
Dubuque
THE C
DtUB E 1�-A 11111
1 C'I
Masterpiece on the Mississippi 2012
TO: Michael C. Van Milligen, City Manage
FROM: Gus Psihoyos, City Engineer
SUBJECT: Grant of Easement for Ingress and Egress Across City Owned Property -
Lot 1-2-1-1-1-1-1-1-2-1-4 and Lot 2-2-1-1-1-1-1-1-2-1-4 of Mineral Lot
501, in the City of Dubuque
DATE: February 24, 2016
INTRODUCTION
This is in response to a request from Nancy A. Comer McNamer and Martin J.
McNamer for the granting of an easement across a portion of Lot 1-2-1-1-1-1-1-1-2-1-4
and Lot 2-2-1-1-1-1-1-1-2-1-4 of Mineral Lot 501, in the City of Dubuque, to access their
property, Lot 1 of McNamer Acres No. 4, from the Manson Road Right of Way.
DISCUSSION
The attached exhibit shows the proposed easement area and location. The McNamer's
property currently benefits from an access easement originally granted in 1965. Due to
the location of the 1965 easement and the recent construction of the Manson Road
bridge, the original easement alignment is no longer usable. The construction of the
bridge structure and channel rip-rap has prevented the owners from accessing their
property via the original easement location, thus a new easement location is being
requested.
The mapping costs are the responsibility of Nancy A. Comer McNamer and Martin J.
McNamer.
RECOMMENDATION
I would recommend that the "Grant of Easement" for ingress and egress over part of Lot
1-2-1-1-1-1-1-1-2-1-4 and Lot 2-2-1-1-1-1-1-1-2-1-4 of Mineral Lot 501, in the City of
Dubuque, Iowa be forwarded to City Council to be set for public hearing.
ACTION REQUESTED
The attached resolution should be submitted to the City Council for consideration and to
set a public hearing on April 4, 2016 for the granting of an easement to Nancy A. Comer
McNamer and Martin J. McNamer for ingress and egress over part of Lot 1-2-1-1-1-1-1-
1-2-1-4 and Lot 2-2-1-1-1-1-1-1-2-1-4 of Mineral Lot 501, in the City of Dubuque.
Prepared by: Nate Kieffer, Land Surveyor
Attachment
cc: Bob Schiesl, Assistant City Engineer
M
2
RESOLUTION NO. 66-16
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST BY GRANT OF
INGRESS AND EGRESS EASEMENT TO NANCY A. COMER MCNAMER AND
MARTIN J. MCNAMER OVER A PORTION OF LOT 1-2-1-1-1-1-1-1-2-1-4 AND LOT
2-2-1-1-1-1-1-1-2-1-4 OF MINERAL LOT 501, IN THE CITY OF DUBUQUE
Whereas, Nancy A. Comer McNamer and Martin J. McNamer have requested a
"Grant of Easement" for ingress and egress over a portion of Lot 1-2-1-1-1-1-1-1-2-1-4
and Lot 2-2-1-1-1-1-1-1-2-1-4 of Mineral Lot 501, in the City of Dubuque for the purpose
of accessing their property, Lot 1 of McNamer Acres No. 4, from the Manson Road
Right of Way; and
Whereas, the City of Dubuque is the owner of said Lot 1-2-1-1-1-1-1-1-2-1-4 and Lot
2-2-1-1-1-1-1-1-2-1-4 of Mineral Lot 501, in the City of Dubuque; and
Whereas, Buesing and Associates, Inc. has prepared and submitted to the City
Council an exhibit showing the underlying portion of Lot 1-2-1-1-1-1-1-1-2-1-4 and Lot
2-2-1-1-1-1-1-1-2-1-4 of Mineral Lot 501, in the City of Dubuque, for the proposed
ingress and egress easement in the City of Dubuque, Dubuque County, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to grant an easement for ingress and
egress over a portion of Lot 1-2-1-1-1-1-1-1-2-1-4 and Lot 2-2-1-1-1-1-1-1-2-1-4 of
Mineral Lot 501, in the City of Dubuque, Dubuque County, Iowa.
Section 2. That the granting of easement in the City of Dubuque, Dubuque County,
Iowa to Nancy A. Comer McNamer and Martin J. McNamer be contingent upon the
payment of platting fees.
Section 3. That the City Clerk be and is hereby authorized and directed to cause a
notice of intent to dispose of City interest by grant of easement for a portion of Lot 1-2-
1-1-1-1-1-1-2-1-4 and Lot 2-2-1-1-1-1-1-1-2-1-4 of Mineral Lot 501, in the City of
Dubuque to be published in the manner as prescribed by law.
Passed, approved and adopted this 7th day of March, 2016.
Attest:
Kevin S. Firnstahl, City Clerk
obtc0 44._f
Roy D. Buol, Mayor
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will
hold a public hearing on the 21st day of March, 2016 at 6:30 p.m. in the Historic Federal
Building, 350 West 6th Street, second floor, Dubuque, Iowa, at which meeting the City
Council proposes to dispose of an interest in the following described real property by
Grant of Ingress and Egress Easement to Nancy A. Comer McNamer and Martin J.
McNamer:
A portion of Lot 1-2-1-1-1-1-1-1-2-1-4 and Lot 2-2-1-1-1-1-1-1-2-1-4 of Mineral
Lot 501, in the City of Dubuque,
for the purpose of accessing their property, Lot 1 of McNamer Acres No. 4, from the
Manson Road Right -of -Way.
At the meeting, the City Council will receive oral and written comments from any
resident or property owner of said City to the above action. Written comments regarding
the above public hearing may be submitted to the City Clerk's Office, City Hall, 50 W.
13th Street, Dubuque; ctyclerkcityofdubuque.orq, on or before said time of public
hearing.
Copies of supporting documents for the public hearings are on file in the City Clerk's
Office, and may be viewed during normal working hours.
Any visual or hearing impaired persons needing special assistance or persons with
special accessibility needs should contact the City Clerk's Office at (563) 589-4100 or
TTY 563) 690-6678 at least 48 hours prior to the meeting.
Dated this 11th day of March, 2016.
Kevin S. Firnstahl, CMC
City Clerk
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13t°Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563) 589-4270
INGRESS AND EGRESS EASEMENT
The City of Dubuque, Iowa, a municipal corporation of Dubuque County, Iowa
("Grantor"), for good and valuable consideration, does hereby grant unto:
Nancy A. Comer McNamer and Martin J. McNamer
1800 Manson Road
Dubuque, Iowa 52003
a thirty foot wide ingress and egress easement over and across part of Lot 1-2-1-1-1-1-
1-1-2-1-4 and Lot 2-2-1-1-1-1-1-1-2-1-4 of Mineral Lot 501, in the City of Dubuque, as
shown on Exhibit A attached hereto (the "Easement Area").
Said easement shall be for the purpose of providing Nancy A. Comer McNamer and
Martin J. McNamer, for themselves, their agents, successors and assigns, access and
ingress and egress to Lot 1 of McNamer Acres No. 4 from Manson Road in the City of
Dubuque, Iowa.
Grantor shall not erect any structure, other than a driveway, over or within the Easement
Area. Grantee shall be responsible for maintenance of any driveway improvements
constructed by the Grantee within the easement. No storage or parking will be allowed
in the Easement Area.
Easement is expressly subject to the rights of Grantor.
The City of Dubuque, Iowa shall at all times have free access to the Easement Area for
maintenance, repair, reconstruction and installation of existing or new utilities within or
adjacent to the Easement Area. The City of Dubuque will restore the disturbed area due
to said installation or repair of said utilities to the condition prior to said disturbance. The
City of Dubuque shall not erect any structure that prohibits the use of the Easement Area
as intended by this document.
It is understood and agreed upon that the intent of this easement is to provide the
Grantee with access to Lot 1 of McNamer Acres No. 4 from Manson Road and that the
City of Dubuque will not allow a third party to encroach on the Easement Area so as to
restrict said access without the written consent of the Grantee.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and
their respective successors and assigns.
This easement is given pursuant to the authority of Resolution No. of the City of
Dubuque, adopted 2016; the terms and conditions thereof, if any,
having been fulfilled.
Signed this day of 2016.
CITY OF DUBUQUE
Roy D. Buol, Mayor
Attest:
By:
Kevin S. Firnstahl, CMC, City Clerk
STATE OF IOWA )
)ss
DUBUQUE COUNTY )
On this day of A.D., 2016 before me, the undersigned, a
Notary Public in and for said the State of Iowa, personally appeared Roy D. Buol and
Kevin S. Firnstahl, to me personally known, who being by me duly sworn, did say that
they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a
municipal corporation; that the seal affixed to the foregoing instrument is the corporate
seal of said corporation, by the authority of its City Council, as contained in Ordinance
No. _-- of the City of Dubuque Code of Ordinances, passed by Resolution of the City
Council under Resolution No. of the City Council on the day of
, 2016; and Roy D. Buol and Kevin S. Firnstahl acknowledged
the execution of the instrument to be their voluntary act and deed and the voluntary act
and deed of the corporation, by it voluntarily executed.
Notary Public In and For Said State
PREPARED BY: BUESING & ASSOCIATES ADDRESS: 1212 LOCUST STREET DUBUQUE IOWA 52001 PHONE: 563 556-4389
EXHIBIT A
BEING A 30' WIDE ACCESS EASEMENT
ACROSS LOT 1-2-1-1-1-1-1-1-2-1-4, AND LOT 2-2-1-1-1-1-1-1-2-1-4,
BOTH OF MINERAL LOT 501, IN THE CITY OF DUBUQUE, IOWA.
SCALE 1" = 60'
0' 30' 60' I �_
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1 S
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LOT 1I $ REVISED LOT 1
O'NEAL PLACE I ^ OLD MILL SUB.
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LOT 2-3
M.L 509 0� r
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LOT 1
SMOTHERS PLACE
N 1n
OM
LOT m Tn
MINERER LOT LOT 501 501
n
PART .
LOT 2-4 ,
MINERER LOT 501 .J Z
LOT 2-1-1-1-1-1-2-1-4
MINER LOT 501
LOT 1-1-2-4
MINER LOT 501LOT B
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LOT 1-1-2-4 MINER LOT 501 .Sh♦} f,6/ 1>�'
O
NB]39'SYE 09 (1413.09')
N8759'5�"E 143.T1' / 1-11-Ot 501
RDW \118.45' \� \\ 26.66' h ri
/ \♦ \ \ \ 3.95' 40 �p
p \\ \ \\\\ O D APPROX. LOCATION W�9 '@J ♦a�
�S .(!50♦ \\ \\; 'H A CL OF EXISTING Ny.
\\ O N EASEMENT"C" `9
Jv�� vv vv v z N S N 9y6.
\ \ \\ N ;m N APL OLOCATION
EXISTING \ \\\ m. N N^•jl CL OFF EXISTING OS
20' WIDE SSE EASEMENT"B" yi{'
q,� sem♦ PER FILE /3719-94
62.
Rte_
13.36'
' WIDE G
\, 20 WIDE SSE
♦ L\ \ �@ ♦\\y,PER FILE /3721-94 `♦tel
\'a�, ♦♦'M C{� 0
ti \ v grid/A "v ♦� LOT 1
8�v vv�@) ♦ vv MCNAMER ACRES #4
LOT 2
MCNAMER ACRES #2bq
FL vv
\ V A
\
�@�2 vv vvv PER TOWN LOT PLAT BK.30 PG.353:
\ -EXISTING EASEMENT"A" FOR ROAD AND ACCESS PURPOSES
-EXISTING EASEMENT"B", 8' WIDE, FOR WATER SERVICE
vv vv UNE AND USE OF HELL FIXE WATER
-EXISTING EASEMENT"C', 8' WIDE, FOR SEWER SERVICE
vv v vv UNE AND USE OF SEPTIC TANK FOR SEWAGE DISPOSAL
NOTES
1.) ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEROF.
2.) LOT 1-2-1-1-1-1-1-1-2-1-4 OF MINERAL LOT 501 AND,
LOT 1-2-1-1-1-1-1-1-2-1-4 OF MINERAL LOT 501 ARE PRESENTLY OWNED BY:
CITY OF DUBUQUE IOWA CITY HALL /SO W 13TH ST. /DUBUQUE, IA 52001
3.) SURVEY REQUESTED BY: MARTY MCNAMER LEGEND
4.) THIS SURVEY IS LOCATED IN THE NWI/4 OF SEC. 1, TB8N, R2E, OF THE 5TH P.M. 0 5/8" REROD (FOUND)
5.) THIS PLAT IS SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD. CAPPED AS NOTED
11306 YELLOW CAP STAMPED "11306"
102]2 YELLOW CAP STAMPED "10272"
♦`\♦\\V\V\\1W11111111111/// I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS O° HOLE IN ACC OR PCC (FOUND)
///// ■ 1" IRON PIPE (FOUND)
LAND PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY 0 MAG NAIL (FOUND)
°a°o°o°°SL//� ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM 811306 MAC NAIL W/WASHER
2ple a°.pL A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE STAMPED 11306 (FOUND)
OF IOWA. ALL MONUMENTS ARE PLACED OR SHALL BE PLACED
�
WI
' °e�.(� THIN ONE YEAR FROM THE DATE THIS PLAT IS RECORDED. PROPERTY LINE
Ue TERRY L. - CENTERLINE
° KOELKER u A= —————— RIGHT OF WAY(ROW)
15487 = EASEMENT LINE
TERRY L KOELKER (GATE) SURVEYED EASEMENT LINE
�[0 LICENSE NUMBER: 15487 ( ) RECORD DIMENSION
ROW R CHIT OF WAY
low
IIPI(\V\`\\\♦♦\`\ MY LICENSE RENEWAL DATE IS DECEMBER 31, 2015 SSE SANITARY SEWER EASEMENT
SHEETS COVERED BY THIS SEAL : SHEETS 1 THRU 1
SHEET TITLE PROJECT NO. 15268 DATE REVISIONS DRAWN BY:
o i PREPARED FOR: U ES T N G 12/8/15 TPL
mASSOCIATES INC.
m ACCESS EASEMENT MARTY MCNAMER
1800 ENGINEERS AND SURVEYORS SCALE: CHECKED BY:
DUBUQUUE,E, IAA RD.52003 1212 L9E, DUeuouE, IA
(50) 43
(563) SSfi- 89 SEE BAR SCALE TLK
NAE LOCATION MAP DAGIS
ELE000E AREA G aGKAPIIC INFER-1—=v„EH
Masterpiece on the Mississippi
1665 =rid. ,
PROPOSED
c 1 ACCESS 1632
EASEMENT
P se R �♦ PROPERTY
♦ 1650'.`
`♦ � 'Gr CITY
`♦ ��� PROPERTY
♦ 1654
♦
♦
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` PROPERTY
:i�;'s� c �♦ ` 1658
c+c�• z
EXISTING
ACCESS
EASEMENT
Dubuque County Assessor, City of Dubuque Assessor
DISCLAIMER:This Information was compiled
(sing the Dubuque Area Geographic I,buutdtl on System
DAGIS),whld,"dudes data sweated by hem me city of N Map Prepared by:
Dubuque and Dubuque county. It Is understood mat,while
th city of Dubuque aid pa-tidpathg age—esueuzed the City of Dubuque
most cu,r',tand amuratetf,,,,ti,,av ailable,DAGIS and 1 inch = 40 feet Engineering Division
Its suppliers do n of warrantthe accuracy Cct,,ecVofthe
mfo�maeu�u�data su�tahed he— The city a'd pa�tlslpati,g 50 West 13th Street
age-es shall gut be held cable fu-buy dli-est,hdhect,hslde,tal, Dubuque,Iowa 52001
mnsequentlal,psaltive,o,special damages,whether fai-esmeable or
sr,fa,eseeable,a�ISb,g out of me auth,�,ed u,t u,,utholIe:d use of 40 20 0 40 Feet Phone:(563)589-4270
this data oi-the Inability to usre this data or out Id any breach of
wa—ty whatsueve- Fax:(563)589-4205