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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 J 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 'r 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 I I 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 �I P { iI { I� j 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