Vacating a Portion of Access and Trail Easement Across Lot 1 of Dubuque Industrial Center South Fourth Addition Copyrighted
September 18, 2023
City of Dubuque Items to be set for Public Hearing #
City Council Meeting 01.
IT EM T IT LE: Vacating a Portion of Access and Trail Easement Across Lot 1 of
Dubuque I ndustrial Center South Fourth Addition
SUM MARY: City Manager recommending City Council set a public hearing for
October 2, 2023, for the vacating of a portion of an access and trail
easement across Seippel Warehouse LLC property, described as Lot 1
of Dubuque I ndustrial Center South Fourth Addition, in the City of
Dubuque, lowa, at the intersection of Seippel Road and Cottingham
Road.
RESOLUTION of Intent to Vacate and Dispose of City Interest in a
Portion of an Access and Trail Easement Over and Across Lot 1 Of
Dubuque I ndustrial Center South Fourth Addition, in the City of Dubuque,
I owa
SUGGESTED Receive and File;Adopt Resolution(s), Set Public Hearing for October
DISPOSITION: 2, 2023Suggested Disposition:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Resolutions
Notice of Hearing Supporting Documentation
E�ibit A Supporting Documentation
Dubuque
THE CITY QF �
All-Meriea Ciry
DLT B E ; . � . �
�� � �
MaSt� Z�C� aYd t�Q Mt55ZSSZ Z zoa�•zoiz•�ai3
YP pp za��*zai�
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacating a Portion of an Access and Trail Easement across Lot 1 of
Dubuque Industrial Center South Fourth Addition, in the City of Dubuque,
lowa
DATE: September 12, 2023
City Engineer Gus Psihoyos is recommending City Council set a public hearing for
October 2, 2023, for the vacating of a portion of an access and trail Easement across
Seippel Warehouse LLC Property, described as Lot 1 of Dubuque Industrial Center
South Fourth Addition, in the City of Dubuque, lowa, at the intersection of Seippel Road
and Cottingham Road.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Nate Kieffer, PLS
Dubuque
THE CITY OF �+
All•p�eriea Ci�
DuB E Wv���a�����M��
1IIII�r
MAste 22CE OYl t�1e M1S&1SS1 1 zoo��zoiz*zois
� pp zo��*zoig
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: September 11, 2023
SUBJECT: Vacating a Portion of an Access and Trail Easement across Lot 1 of
Dubuque Industrial Center South Fourth Addition, in the City of Dubuque,
I owa
INTRODUCTION
The purpose of the memorandum is to seek approval to set a public hearing for the
vacating of a portion of an access and trail Easement across Seippel Warehouse LLC
Property, described as Lot 1 of Dubuque Industrial Center South Fourth Addition, in the
City of Dubuque, lowa, at the intersection of Seippel Road and Cottingham Road.
BACKGROUND
Recently, the developer Seippel Warehouse, LLC (developer) has constructed a
warehouse facility at the intersection of Seippel Road and Cottingham Road for use by
the Simmons Company for their expanding business in the Dubuque Industrial Center
South.
Because the development plans included a building location that conflicts with the
existing access and trail easement on the property, the amended agreement with the
developer (per Resolution 135-23) required them to plat and dedicate an easement for
the relocation of the proposed trail. The new trail easement runs along the western and
southern portion of the site. The City has accepted the dedication of the newly located
access and trail easement from the developer per Resolution 267-23.
DISCUSSION
Per said agreement, the City is responsible for vacating a portion of the original access
and trail easement, as created in 2014 on the Final Plat Dubuque Industrial Center
South First Addition, through Lot 1 of Dubuque Industrial Center South Fourth Addition,
in the City of Dubuque, lowa.
The exhibit attached to the resolution shows the portion of the original access and trail
easement area proposed to be vacated over and across a Lot 1 of Dubuque Industrial
Center South Fourth Addition, in the City of Dubuque, lowa.
RECOMMENDATION
I would recommend that a portion of the original access and trail easement, as created
in 2014 on the Final Plat Dubuque Industrial Center South First Addition, through Lot 1
of Dubuque Industrial Center South Fourth Addition, in the City of Dubuque, lowa, and
as indicated on the attached exhibit be vacated, and that a public hearing be set for the
disposal of the City's interest in the easement area on October 2, 2023.
ACTION TO BE TAKEN
I respectfully request that a public hearing should be set for October 2, 2023 on the
vacating and disposal of City interest in a portion of the said access and trail easement
area through adoption of the enclosed resolution.
Prepared by Nate Kieffer, PLS
2
RESOLUTION NO. 311-23
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN A
PORTION OF AN ACCESS AND TRAIL EASEMENT OVER AND ACROSS LOT 1 OF
DUBUQUE INDUSTRIAL CENTER SOUTH FOURTH ADDITION, IN THE CITY OF
DUBUQUE, IOWA
Whereas, per the Final Plat of Dubuque Industrial Center South First Addition in
the City of Dubuque, Iowa, Instrument Number 2014-1397, a 40-foot-wide access, and
trail easement was reserved thru Lot 2 of said Final Plat of Dubuque Industrial Center
South First Addition; and
Whereas, per an agreement between the City of Dubuque and Seippel
Warehouse LLC, the parties wished to set forth terms for the relocation of said access
and trail easement across Lot 2 of said Final Plat of Dubuque Industrial Center South
First Addition in order to accommodate the construction of a 250,000 square foot
warehouse building; and
Whereas, Lot 2 of said Final Plat of Dubuque Industrial Center South First
Addition has been consolidated with other properties and is now part of Lot 1 of the Plat
of Survey of Lot 1 and Lot A of Dubuque Industrial Center South Fourth Addition, in the
City of Dubuque Iowa, per Instrument Number 2023-00008290; and
Whereas, said Plat of Survey of Lot 1 and Lot A of Dubuque Industrial Center
South Fourth Addition dedicates a new and relocated 40-foot-wide access and trail
easement on the west said of said warehouse building and by Resolution 267-23 the
City has accepted said dedication of access and trail easement from Seipel Warehouse
LLC; and
Whereas, per said agreement the City is responsible for vacating a portion of the
original 40-foot-wide access and trail easement area, reserved on said Final Plat
Dubuque Industrial Center South First Addition, through Lot 1 of Dubuque Industrial
Center South Fourth Addition, in the City of Dubuque, Iowa, as shown on the attached
Exhibit A.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1 . That the City of Dubuque, intends to vacate and dispose of its interest
in a portion of the original access and trail easement, as reserved on said Final Plat
Dubuque Industrial Center South First Addition, through Lot 1 of Dubuque Industrial
Center South Fourth Addition, in the City of Dubuque, Iowa.
Section 2. That a public hearing, and/or by virtual means on the intent to vacate
and dispose of City interest in a portion of the original access and trail easement, as
reserved on said Final Plat Dubuque Industrial Center South First Addition, through Lot
1 of Dubuque Industrial Center South Fourth Addition, in the City of Dubuque, Iowa, is
hereby set for the 2nd day of October, 2023, at the Historic Federal Building, 350 W. 6th
Street, Dubuque, Iowa, beginning at 6:30 p.m., and the City Clerk be and is hereby
authorized and directed to cause a notice of public hearing on the intent to vacate and
dispose of said interest to be published in the manner as prescribed by law.
Passed, approved, and adopted this 18th day of September 2023.
rad M. vanagh, Mayor
Attest:
Trish L. Gleason, Assistant City Clerk
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct a public
hearing on the 2nd day of October 2023, at 6:30 p.m., in the Historic Federal Building,
350 W. 6t" Street, 2nd floor, Dubuque, lowa, at which meeting the City Council proposes
to vacate and dispose of City interest in a portion of an access and trail easement over
the following described real property:
LOT 1 OF DUBUQUE INDUSTRIAL CENTER SOUTH FOURTH ADDITION, IN
THE CITY OF DUBUQUE, IOWA
At the meeting, the City Council will receive in-person and virtual comments from any
resident or property owner of said City to the above action. The official agenda will be
posted the Friday before the meeting and will contain public input options. The City
Council agenda can be accessed at
https://cityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City Clerk's
Office at 563-589-4100, ctyclerk@cityofdubuque.org. At said time and place of public
hearings all interested citizens and parties will be given an opportunity to be heard for
or against said proposal.
Written comments regarding the above public hearings may be submitted to the City
Clerk's Office via email at ctyclerk@cityofdubuque.org or by mail to City Clerk's Office,
City Hall, 50 W. 13t" St., Dubuque, IA 52001, before said time of public hearing. At said
time and place of public hearings the City Council will receive any written comments
received by the City Clerk's Office 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 Monday through Friday between 8:00 a.m. and 5:00 p.m.
Individuals with limited English proficiency, vision, hearing, or speech impairments
requiring special assistance should contact the City Clerk's Office at (563) 589-4100,
TDD (563) 690-6678, ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard-of-
hearing individuals can use Relay lowa by dialing 711 or (800) 735-2942.
Published by order of the City Council given on the 18th day of September 2023.
Trish L. Gleason, Assistant City Clerk
�, PLAT OF SURVEY
��► cAP# LOT 1 & LOT A OF DUBUQUE INDUSTRIAL CENTER SOUTH DATE OF SURVEY:
4016 FOURTH ADDITION IN THE CITY OF DUBUQUE, IOWA TOTAL AREA SURVEYED:
N ��T �, oueu 18.61 ACRES
V� � R.O.W. LINE� �ENTER SOUTIQ 7H�RD ADDITION
� • NO �� FILE N0. 2016-4175 r �
� L3 M � CAP � — — — ��
NW CORNER LOT 1-3 OF GRAPHIC SCALE
� U � L4 SEIPPE� ROAD DUBUQUE INDUSTRIAL CENTER
L6 CS ��p0� R O SOUTH FIRST ADDITION p 150 300
� L1 w•) — '
\
� � 4016 � L5 NEW 40' ACCESS & LOT 2, DUBUQUE INDUSTRIAL � �" - 150�
w O CENTER SOUTH FIRST ADDITION
o cr-� � TRAIL EASEMENT LOT 1-3, DUBUQUE DRAWING MAY HAVE
3 N (SHADED AREA-SEE INDUSTRIAL CENTER
o Q O V U' � \ SHEET 3 FOR DETAIL) SOUTH FIRST ADDITION BEEN REDUCED
� � FILE N0. 2023-3824
� z �O � CENTERLINE R.O.W. N
� �� • COTTINGHAM ROAD LEGEND
N p � � LOT 1 O PROPERTY BOUNDARY
� U R�NEW� ` �� LOT A 18.21 ACRES NNS -——_____ LOT/R.O.W. LINE
� 33' _ — — OLD LOT LINE
? � \ R.O.W DEDICATION �z EASEMENT LINE
� `� �� • � � 0.40 ACRES R.O.W. RIGHT-OF-WAY
� � � � )
RECORDED AS
� J � �J' �7,530 SQ. FT. � FOUND 5/8" IRON REBAR
/ NN � \ � � W/YELLOW CAP N0. 11306
U / .�� � � UNLESS OTHERWISE NOTED
� > ��2 � EXISTING 40' ACCESS & TRAIL FOUND 1/2" IRON REBAR
N � � EASEMENT; FILE N0. 2014-1397 � W/YELLOW CAP NO. 14417
o �'' 20' PUBLIC SANITARY � FOUND MAG NAIL
� �� �� �� 40' PUBLIC STORM DRAINAGE SEWER EASEMENT; FOUND 5/8" IRON REBAR WITH
o � / , • \ . EASEMENT; FILE N0. 2014-1397 — FILE N0�2014=1397 �— � � RED PLASTIC CAP N0. 12631
� / � \� _ --_--_--_-- _-----_ _ --- —////.
' NEW 40' ACCESS & • \ . . _ . . _ . _ _ _ _ _ . _ _ _ --�'� NOTE:
� TRAIL EASEMENT; 13 • � - THIS SURVEY IS SUBJECT TO
a (SHADED AREA-SEE ' LOT 2-3, DUBUQUE INDUSTRIAL ��/ EASEMENTS, RESERVATIONS,
w SHEET 3 FOR DETAIL) � �� \ CENTER SOUTH FIRST ADDITION-�� RESTRICTIONS AND
a < RIGHTS-OF-WAY OF RECORD
� AND NOT OF RECORD.
LOT 1, BREHM EXISTING 50' GAS ' EXISTING 50' UNDERGROUND GAS EASEMENT; FILE N0. 7172-99 � �9
ACRES PLAT 3 PIPELINE EASEMENT � DRAWN JMT PLAT N0. 4—IA-23
FILE N0. FILE No. 2023-2850 � L10 � N7���8�49��W 598.67� CHECKED GSB PROJ. N0. 23037
2023-2850 (DOC#7172-99) . _ . . . . _ - - — - . — - . — . . � � - — � — • � DATE 8—B-23 SHEET 2 of 4
LOT 5, DUBUQUE INDUSTRIAL CENTER SOUTH FIRST ADDITION; FILE N0. 2014-1397 P:\23\037\DRA'MNGS\SUR�EY�23037