Vacate a Portion of an Access and Trail Easement across Lot 1 of Dubuque Industrial Center South Fourth Addition_Hearing Copyrighted
October 2, 2023
City of Dubuque Public Hearings # 01.
City Council Meeting
ITEM TITLE: Vacate a Portion of an Access and Trail Easement across Lot 1 of
Dubuque I ndustrial Center South Fourth Addition
SUM MARY: Proof of Publication on notice of public hearing to consider Vacate a
Portion of an Access and Trail Easement across Lot 1 of Dubuque
I ndustrial Center South Fourth Addition and City Manager recommending
approval
RESOLUTION Disposing of Property by Vacating 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 Suggested Disposition: Receive and File;Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Resolutions
Vacate E�ibit A Supporting Documentation
Dubuque
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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 27, 2023
City Engineer Gus Psihoyos is recommending City Council adopt the attached
resolution vacating all interest in a portion of the original access and trail easement,
shown 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, as
indicated on the attached Exhibit A.
Recently, 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.
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
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TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: September 25, 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,
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INTRODUCTION
The purpose of the memorandum is to seek approval 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, 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 Lot 1 of Dubuque Industrial
Center South Fourth Addition, in the City of Dubuque, lowa.
RECOMMENDATION
I 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 A, be vacated.
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolution vacating all interest in a portion
of the original access and trail easement, shown 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, as indicated on the attached Exhibit A.
Prepared by Nate Kieffer, PLS
2
IIII II IIII IIIIIIIIIIII III IIIIIIIIIIII
Doc ID: 011151320003 Type: GEN
Doc ID: 011154480004 Type: GEN Kind: RESOLUTION
Kind: RESOLUTION Recorded: 10/05/2023 at 03:55:25 PM
Recorded: 10/18/2023 at 08:48:16 AM Fee Amt: $17.00 Page 1 of 3
Fee Amt: $22.00 Page 1 of 4 Dubuque County Iowa
Dubuque County Iowa Karol Kennedy Recorder
Karol
File2K023-00009851 Recorder
File2023-00009538
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. 13th Street, Dubuque, IA 52001 (563)589-4270
RESOLUTION NO. 330-23
DISPOSING OF PROPERTY BY VACATING 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, the City Council, by Resolution No. 331-23, dated the 18th day of
September 2023, declared its intent to dispose of City interest in an access and trail
easement on real property, legally described as:
Part of Lot 1 of Dubuque Industrial Center South Fourth Addition, in the City
of Dubuque, Iowa, according to the recorded plat thereof(the Property); and
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
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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; and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on the 2nd day of October, 2023 at 6:30 p.m. in the Historic Federal Building,
350 W. 6th Street, Dubuque, Iowa; and
Whereas, it is the determination of the City Council that 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, as shown on the attached Exhibit A, should be
vacated, and doing so is in the public interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA;
Section 1 . The City hereby vacates all 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, as shown on the attached Exhibit A.
Section 2. The City Clerk is hereby authorized to and directed to record this
resolution with the Dubuque County Recorder.
Passed, approved, and adopted this 2nd day of October 2023.
ty Cava ayor
Attest:
Trish L. Gleason, Assistant City Clerk
.
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Trish L. Gleason, do hereby certify that I am the duly appointed, qualified,
Assistant City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such
Assistant 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.
330-23 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 3rd day of October, 2023.
Trish L. Gleason, Assistant City Clerk
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STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger,_a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
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:
09/27/2023
and for which the charge is 38.09
Subsdribed to before me, a Notary Public in and for
Dubuque County, Iowa,
this 27th day of September, 2023
KP
Notary P c in and for Dubuqueounty, Iowa.
,P'�'"� a JANET K. PAPE
3,1 Commission Number 199659
My Commission Expires
row" 12/11/2025
Ad text :
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. 6th
Street, 2nd floor, Dubuque, Iowa, 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,
etydleatat37cifcitiliaiiie?.-oi-C'At said time and place of public
liEffriis's dil TrilE6f6"d citizens and parties will be given an
oiViSoliiulifttlfarbVslii 'gay:foe-at faigaib.d)§6ith)14605§02'‘,' " 4',
'Writteti bdrtthht regatdifigthe abW nib1ic hearings may be
1§1.11Stift)tetirtb the 0iV-LCIetiesOffteV rndl atI '
etreterlig6iVbfdaf4ti'eorgct by thaitiotelty'Cietles Office,
City -Halt 501ri 1(3th'St:,' DA-1,41"e':TAlf5200lirbtforle' said
titre (Of ptiblic') heating ! At gdid titterVidlptade' of publie:
heettipAltietity0C\NEIcil will receive any written comments
received ray efliTeitftErr'TO•tffEe befo16%hi.a.ifin6 cof public
C6Vilesmf/VitippottIng: dottlitieht batings are
intweity reteilles'Offke-arid)rnarberviewbtleMOnday
fkifoligHliztArb'etW“&en-8-00hdOm.
tlitiMPtfiglitgh-tpt"81i6idier,i 046h;
hearing, or :speech irnpairments`requiriirg'spedial assistance
sliotal'colitdttieCity'Clerk's' Office - at' (563) 589-4100,
•
etyeleil@idityofdUbuque.org as soon as feasible. Deaf or
hard -of -hearing individuals can use Relay Iowa - by dialing 711
or (800) :7342942.
Publishd by dr4crAOt the 'cjty:-C,611:riei,1 given on the 18th day
of Setifeintierfl2013
AtrffSh'ET'Glea*-6ii.;'‘
Assistant do-Clirk
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