Grant of Easement for Ingress and Egress_McNamer_Manson Road_Hearing Copyright 2014
City of Dubuque Public Hearings # 2.
ITEM TITLE: Grant of Easementfor Ingress and Egress Across City-
Owned Property- Manson Road
SUMMARY: Proof of publication for notice of public hearing to consider
approval of a request 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 and the City Manager recommending approval.
RESOLUTION Disposing of City interest by Grant of
Easement for Ingress and Egress to Nancy A. Comer
McNamer and Martin J. McNamer across a portion of Lot 1-
2-1-1-1-1-1-1-2-1-4 and Lot 2-2-1-1-1-1-1-1-2-14 of
Mineral Lot 501, in the City of Dubuque
RESOLUTION Granting Easement for Ingress and Egress
to Nancy A. Comer McNamer and Martin J. McNamer
across a portion of Lot 1-2-1-1-1-1-1-1-2-14 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)
ATTACHMENTS:
Description Type
Grant of Easement for Ingress and Egress-MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Disposing of City Interest Resolutions
Resolution Approving Grant of Easement Resolutions
Ingress and Egress Easement Supporting Documentation
Location Map Supporting Documentation
Proof of Publication 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: March 28, 2016
A request has been received from Nancy A. Comer McNamer and Martin J. McNamer
for a grant of 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. City Engineer Gus
Psihoyos recommends City Council approval of the Grant of Easement for Ingress and
Egress.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael 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 CtU�B_
F �'�D ;11
1rIaC i
Masterpiece on the Mississippi 2012
TO: Michael C. Van Milligen, City Manager
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: March 25, 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 a public hearing be held 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, Iowa.
ACTION REQUESTED
The attached resolutions should be submitted to the City Council for consideration and
approval of 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, PE/PLS
Attachment
cc: Bob Schiesl, Assistant City Engineer
I
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2
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
♦
♦
` ', .: ♦♦� ♦.� MCNAMER
` 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
Prepared by:
Return to:
Nate Kieffer, City of Dubuque, 50 W 13th, Dubuque, IA 52001-(563) 589-4270
Nate Kieffer, City of Dubuque, 50 W 13th, Dubuque, IA 52001-(563) 589-4270
RESOLUTION NO. 117-16
RESOLUTION DISPOSING OF CITY INTEREST BY GRANT OF EASEMENT FOR
INGRESS AND EGRESS TO NANCY A. COMER MCNAMER AND MARTIN J.
MCNAMER 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
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 the 18TH day of March, 2016, the City Council
of the City of Dubuque, Iowa met on the 4th day of April, 2016, at 6:30 p.m. in the
Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, to consider the proposal for
the granting of easement described as:
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 Lot 1 of McNamer Acres
No. 4 from the Manson Road Right of Way, in the City of Dubuque, Dubuque County,
Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all
objections, oral or written to the proposed granting of easement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Grant of Easement by the City of Dubuque 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 for ingress and egress, be and the same is hereby approved, contingent on
the paying platting fees.
Section 2. The City of Dubuque reserves unto itself a perpetual easement of this
same described area for the purpose of erecting, installing, constructing, reconstructing,
repairing, owning, operating and maintaining all public utilities.
Section 3. That the Mayor be authorized and directed to execute the Grant of
Easement for Ingress and Egress and the City Clerk be and is hereby authorized and
directed to deliver said Grant of Easement to upon receipt of any required platting fees.
Section 4. That the City Clerk be and is hereby authorized and directed to record
a certified copy of this Grant of Easement for Ingress and Egress in the office of the
Dubuque County Recorder.
Passed, approved and adopted this 4th day of April, 2016
Attest:
Kevin S LFirnstahl, City la*
Roy D. Buol, Mayor
Prepared by:
Return to:
Nate Kieffer, City of Dubuque, 50 W 13th, Dubuque, IA 52001-(563) 589-4270
Nate Kieffer, City of Dubuque, 50 W 13th, Dubuque, IA 52001-(563) 589-4270
RESOLUTION NO.118-16
RESOLUTION GRANTING EASEMENT FOR INGRESS AND EGRESS TO NANCY A.
COMER MCNAMER AND MARTIN J. MCNAMER 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
Whereas, Nancy A. Comer McNamer and Martin J. McNamer have requested a "Grant of
Easement" for Ingress and Egress 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, for the purpose of accessing
their property, Lot 1 of McNamer Acres No. 4, from the Manson Road Right of Way; and
Whereas, Buesing and Associates has prepared and submitted to the City Council an
exhibit showing the 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 proposed for the ingress and egress easement; and
Whereas, the City Council of the City of Dubuque, Iowa, has determined that the 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 can be utilized
for this ingress and egress easement, as shown on the Exhibit A, in the City of Dubuque,
Dubuque County, Iowa, and should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the "Grant of Easement" for Ingress and Egress to Nancy A. Comer
McNamer and Martin J. McNamer be and the same is hereby approved.
Passed, approved and adopted this 4th day of April, 2016.
Attest:
Kevin S'./Firnstahl, Cif ' Clerk
Roy D. Buol, Mayor
i
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t
4
501, IN THE CITY OF
CITY OF DUBUQUE, DUBUQUE
IOWA Whereas, Nancy A.
OFFICIAL NOTICE Comer McNamer and
PUBLIC NOTICE is 1 Martin J. McNamer
hereby given that the , have req uested a I
City Council of the City "Grant of.;Easement
Of Dubuque, Iowa, will ! for ingress and egress
hold a public hearing ! over a portion of Lot i-
on the 4th day of April,'' 2-1-1-1 1-1-1-2-1-4 and
2016 at 6:30 p.m.in the i Lot 2,24-14-1-1-1-2-1-
Historic Federal Build 4 of Mineral Lot 501 in-,
ing, 350 West 6th 1 the City of Dubuque for l
Street, second floor, the purpose .of ac-
Dubuque;' Iowa, at cessing,their property,
which meeting the City Lot, 1 of McNamer
Council proposes to Acres No. 4, from the
dispose-of an:'.interest Manson Road Right of
in the ,following Way-and
described real property Whereas,.the City of
by Grant of Ingress and Dubuque is the owner 1
Egress Easement to of said Lott-2-1-1-11-1-.' j
Nancy A. Comer 1-2-1-4 and Lot 2-2714-
McNamer and Martin J.: 14-1-1-2-1-4 of Mineral
McNamer:j Lot 501,1n the City of
A portion of Lot 1-2-1- { Dubuq;ue;and
14-4-1-1-2-1-4 and Lot' Whereas,Buesing and
2-2-1-1-1-1-4-1-2-1-4 'ofr Associates, , Inc.I has
Mineral Lot 501, in the:: prepared and submit-
Cityj
of Dubuque; ted to the City Council
for the purpose of an'exhib'it showing the,
accessing their pro- i underlying portion of
perty; Lot. 1 of Lot 1-21-1-1-1-1-12-1
McNamer Acres No. 4,, 4 and Lot 2-2-1-1-1-1-1-
from the•Marison Road 1-2-1=4 of Mineral Lot
Right'of-Way. 501, in. the City of
At the meeting, the Dubuque, for the
City Council will proposed ingress and
receive oral and writ- egr'es's•easement in the
ten comments' 'from City. "of Dubuque
any resident or Duk�uque C60nty;Iowa 1-�
Property owner of said NOW.,;THEREFORE BE
City -to the above I IT AESOLUED ,BY THE
action. Written coin- CIT. Cb'UNCIL OF THE
ments .regarding the CITY OF DUBUQUE,
above; public hearing IOWA; '.
may be submitted to Section 1'.,That the
the City Clerk's Office, City of Dubuque y
City Hall, 50 1N. 13th intends; to ,•grant an.
Street, Dubuque; cty easement for ingress
clerk@Cityofdubuque.o and egress over, "a
rg, on or before said portion of Lot 1=2-1 1-1-
time of public hearing. 1 1-1-2-1 4 and>Lot 2 2-
Copies of supporting 1 1=1-1-1 1 2 1-4 of
documents for the Mineral Lot 501, in the
public hearingsare onCity of Dubuque, j
file in:the City Clerk's Dubuque County,;I wa.-
Office,r and may be Section 2. That the'
viewed during normal granting of easement l
working hours. in.the City of Dubuque,'
Any visual or hearing Dubuque County,:Iowa
impaired persons need
P P i to -Nancy A. Comer
ing special assistance McNamer and Martin J.
or persons with special McNamer be contin
accessibility needs gent.upon the payy,ent
should contact the City of platting fees.
Clerk's Office at,(563) Section 3. That the
589-4100 or TTY 563) City Clerk,be and is I
690-6678 at�least 48 hereby authorized and
hours`prior to the directed to. cause a
meeting. notice of intent to
Dated this 18th day of -� disposeof City interest
March,2016. iby drdnt,6fL easement
Kevin CMC,City Clerk 1-1-1-p1-1 1 2-1 4Lot a d
RESOLUTION Lot 2-2-1-1-1-1-1' 2-1--1
NO.66-16 4 of Mineral Lot 501,In 1
RESOLUTION OF ' the City of Dubuque to '
INTENT TO DISPOSE be published in';the
OF CITY INTEREST BY manner'as prescribed
GRANT OF INGRESS bylaw.
AND EGRESS EASE- passed,approved and
MENT'TO,'NANCY A; adopted this 7th day of
COMER MCNAMER March,2016.
AND MARTIN` J. Roy D.Buol;Mayor
MCNAMER OVER A_ Attest:Kevin S.
PORTION OF LOT 1-2 Firnstahl,City Clerk
1-1-1-1-1=1-2-1-4 AND It 3/18
LOT 2-2-1-1-2-1-1-1-2-
-14,01' MINERAL
2-1-1-1-1-1.1-2-
1-d OE-MINERAL LOT i
t
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STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
i
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation,publisher Ij
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: March 18, 2016, and for which the charge is $50.80.
I
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Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, II
this day of 77 ,C,r� , 20- 67
II
Notary Public in and for Dubuque County, Iowa.
h
a
gaM wEsTEAXa:R
CQMMJ*cion Number 154885
My 1 Qmm, Exa, FES. 1,V17
9
INEIREIMOR11111EN
l hili ilii ilii
Doc ID 008412260008 Type:
Kind: EASEMENT
Recorded: 04/06/2016 at 03:48:20 PM
Fee Amt: $42.00 Page 1 of 8
Dubuque County Iowa
John Murphy Recorder
Fi1e2016-00003675
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13`1 Street, Dubuque, IA 52001 (563)589-4270
INGRESS ANI) 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.
.�� LIZ
This easement is given pursuant to the authority of Resolution No)- 1 7-1 Eof the City of
Dubuque, adopted April 4 , 2016; the terms and conditions thereof, if any,
having been fulfilled.
Signed this 4th day of April
Attest:
By:
Ke in S. Firnstah , CM , City Clerk
STATE OF IOWA
)ss
DUBUQUE COUNTY
2016.
CITY OF D
Roy D. Bu,, Mayor
On this 4th day of April , AD.,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
-e5f of the City of Dubuque Code of Ordinances, passed by Resolution of the City
Council under Resolution No. 117-16 of the City Council on the 4th day of
April , 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.
L GLEASON
Number 71
ssion Expires
•i3
Notary Public In and For Said State
PREPARED BY
UESING
ASSOCIATES
ADDRESS:
712 LOCUST STREET. DUBUQUE. IOWA - 52001
PHON
563)
56-4389
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.
LT
TIMR-H9EYORST8
ESTATES
LOT 2-3
M.L. 509
LOT 1
SMOTHERS PLACE
LOT 1
O'NEAL PLACE
LOT 1-2-1-2-4
MINER LOT 501
REVISED LOT 1
OLD MILL SUB.
PART Oe
LOT 1-2-1-2-4
MINER LOT 501
LOT 2-1-1-1-1-1-2-1-4
MINER LOT 501
LOT 1-1-2
MINER 100 50-4
1 m
PART OF
LOT 1-1-2-4 MINER LOT 501
N87'59'S7-E 103.09\(143.09') a65/ -' 3
N87'S95'("E143.P.t�
-ROW y ,\16.:5' \ t 26.66' 1 tOY 1'2M1NER
/ A 1A) 1 ; 3.90'
V`P30e
N� 181 N� 1 O D �41C80. EOCAM
N
-m
EASEMENT "C"
E%ISPNG- �` Al\
20' WIDE SSE
\%
PER FILE 43710-04% `\
404400. LOCATION
CL OF EXISTING
EASEMENT "B"
2
MCNAMER LOTACR
42
1.) ALL MEASUREMENTS ARE IN FEET AND DECIMALS 810802.
2.) LOT 1-2--1-1-1-1-1-I-2-1-4 OF MINERAL 10T 501 AND,
LOT 1-2-1-1-I-1-1-1-2-1-4 OF MINERAL LOT 501 ARE PRE5ENILY 020E0 BY:
CITY OF DUBUQUE IOWA CITY HALL / 50 W 13TH ST. / 0400002, IA 52001
3.) SURVEY REOUESTEO BY; MARTY MCNAMER
4.) THIS SURVEY I5 LOCATED IN THE NWI/4 01 SEC. 1, TB8N, R2E, OF THE 5TH P.M.
5.) 1010 PAT IS SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD.
LOT 1
MCNAMER ACRES 30
PER TOWN LOT PLAT 041.30 P0.353:
-EXISTING EASEMENT "A' FOR ROAD AND ACCESS PURPOSES
-E05TING EASEMENT "0'. 8' 010E. FOR WATER SERVICE
LINE AND USE OF WELL FOR WATER
-EXISTING EASEMENT "C". 8' 0102, FOR SEWER SERl10E
UNE AND USE OF SEPTIC TANK FOR SEWAGE 4ISP0SAL
LEGEND
• 5/6" RER00 (rouND)
CAPPED AS NOTED
11306 YELLOW CAP STAMPED "11306'
10272 YELLOW CAP STAMPED "10272"
O HOLE 1N ACC OR PCC (FOUND)
■ 1" IRON PIPE (FOUND)
N MAG NAIL (FOUND)
911306 MAG NAIL W/WASHER
STAMPED 11306 (10040)
PROPERTY UNE
CENTERLINE
RIGHT OF WAY (R010)
EASEMENT UNE
SURVEYED CASEMENT UNE
RECORD DIMENSION
ROW RIGHT OF WAY
SSE SANITARY SEWER EASEMENT
SHEET TITLE
PROJECT NO. 15288.
ACCESS EASEMENT
PREPARED FOR:
MARTY MCNAMER
1800 MANSON RD.
0405011E, IA 52003
SLIMING
ENGINEERS AND SURVEYORS
1212LOB) 55s03as 080042, N
DATE
2/8/15
REVISIONS
DRAWN 8Y:
TPL
SCALE
CHECKED BY:
SEE BAR. SCALE
TLK
Prepared by: Nate Kieffer, City of Dubuque, 50 W 13th, Dubuque, IA 52001-(563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W 13th, Dubuque, IA 52001-(563) 589-4270
RESOLUTION NO. 117-16
RESOLUTION DISPOSING OF CITY INTEREST BY GRANT OF EASEMENT FOR
INGRESS AND EGRESS TO NANCY A. COMER MCNAMER AND MARTIN J.
MCNAMER 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
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 the 18TH day of March, 2016, the City Council
of the City of Dubuque, Iowa met on the 4th day of April, 2016, at 6:30 p.m. in the
Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, to consider the proposal for
the granting of easement described as:
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 Lot 1 of McNamer Acres
No. 4 from the Manson Road Right of Way, in the City of Dubuque, Dubuque County,
Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all
objections, oral or written to the proposed granting of easement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Grant of Easement by the City of Dubuque 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 for ingress and egress, be and the same is hereby approved, contingent on
the paying platting fees.
Section 2. The City of Dubuque reserves unto itself a perpetual easement of this
same described area for the purpose of erecting, installing, constructing, reconstructing,
repairing, owning, operating and maintaining all public utilities.
Section 3. That the Mayor be authorized and directed to execute the Grant of
Easement for Ingress and Egress and the City Clerk be and is hereby authorized and
directed to deliver said Grant of Easement to upon receipt of any required platting fees.
Section 4. That the City Clerk be and is hereby authorized and directed to record
a certified copy of this Grant of Easement for Ingress and Egress in the office of the
Dubuque County Recorder.
Passed, approved and adopted this 4th day of April, 2016.$
Attest:
Kevin S Firnstahl, City clerk
D.
Roy D. Buol, Mayor
STATE OF IOWA
CERTIFICATE of the CITY CLERK
) SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in
my possession or have access to the records of the proceedings of the City Council. I
do further state that the hereto attached Resolution No. 118-16 is a true and correct
copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 5th day of April, 2016.
Kevin . irnstahl,
C, City Clerk
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in
my possession or have access to the records of the proceedings of the City Council. I
do further state that the hereto attached Resolution No. 117-16 is a true and correct
copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 5th day of April, 2016.
Kevi�i S. Firnstahl, MC, City Clerk
Prepared by:
Return to:
Nate Kieffer, City of Dubuque, 50 W 13th, Dubuque, IA 52001-(563) 589-4270
Nate Kieffer, City of Dubuque, 50 W 13th, Dubuque, IA 52001-(563) 589-4270
RESOLUTION NO.118-16
RESOLUTION GRANTING EASEMENT FOR INGRESS AND EGRESS TO NANCY A.
COMER MCNAMER AND MARTIN J. MCNAMER 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
Whereas, Nancy A. Comer McNamer and Martin J. McNamer have requested a "Grant of
Easement" for Ingress and Egress 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, for the purpose of accessing
their property, Lot 1 of McNamer Acres No. 4, from the Manson Road Right of Way; and
Whereas, Buesing and Associates has prepared and submitted to the City Council an
exhibit showing the 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 proposed for the ingress and egress easement; and
Whereas, the City Council of the City of Dubuque, Iowa, has determined that the 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 can be utilized
for this ingress and egress easement, as shown on the Exhibit A, in the City of Dubuque,
Dubuque County, Iowa, and should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. 'That the "Grant of Easement" for Ingress and Egress to Nancy A. Comer
McNamer and Martin J. McNamer be and the same is hereby approved.
Passed, approved and adopted this 4th day of April, 2016.
Attest:
Kevin :''Firnstahl, Cifrolerk
Roy D. Buol, Mayor