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McGraw Hill, Gazebo Plat & DeedMEMORANDUM July 30, 2002 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Acceptance of Gazebo Property from R/W Dubuque, LLC and Approval of Plat Incorporating Gazebo Property into John G. Bergfeld Recreation Area Lot at the Dubuque Industrial Center West Economic Development Director Bill Baum is recommending City Council approval of two Resolutions that will correct a construction error that caused the gazebo at the John G. Bergfeld Recreation Area to be constructed outside the designated open space lot. The first Resolution approves the conveyance of property by Quit Claim Deed to the City from R/W Dubuque, LLC (developers of the McGraw-Hill facility). The second Resolution approves a plat that consolidates the gazebo property with the open space lot comprising the Bergfeld Recreation Area. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager William Baum, Economic Development Director CITY OF DUBUQUE, IOWA MEMORANDUM July 29, 2002 TO: FROM: SUBJECT: Michael Van Milligen, City Manager William Baum, Economic Development Director Acceptance of Gazebo Property from R/W Dubuque, LLC and Approval of Plat Incorporating Gazebo Property into John G, Bergfeld Recreation Area Lot at the Dubuque Industrial Center West INTRODUCTION This memorandum presents for City Council consideration two Resolutions that provide for the transfer of certain property associated with the gazebo constructed at the John G. Bergfeld Recreation Area at the Dubuque Industrial Center West. The first Resolution approves the conveyance of property by Quit Claim Deed to the City from R/W Dubuque, LLC (developers of the McGraw Hill facility). The second Resolution approves a plat that consolidates the gazebo property with the open space lot comprising the Bergfeld Recreation Area. BACKGROUND While platting the lot for the McGraw Hill facility, it was discovered that the City-owned gazebo at the Recreation Area encroached into the lot being purchased by PAN Dubuque, LLC (formerly Ruscilli Development Co., LTD). A 15 foot by 60 foot maintenance and use easement was placed on the plat to 'carve out' the gazebo encroachment. The Development Agreement provided that the City would later replat, at its expense, the easement area and repurchase the property from Ruscilli via Quit Claim Deed. DISCUSSION Attached to this memorandum is a Resolution accepting the conveyance of the easement area to the City. The easement area was replatted as Lot 2-5 of Dubuque Industrial Center West. A second Resolution is attached approving the Plat of Lot H of Dubuque Industrial Center West. This plat consolidates Lot 2-5 (gazebo easement area) and the existing Lot C of Dubuque Industrial Center West (open space lot) into a new Lot H. The Development Agreement with Ruscilli provided for the City repurchasing the property at the same price/acre that was paid by Ruscilli. On acceptance of the deed for the 15'x60' tract, the City will pay R/W Dubuque, LLC $780.00. RECOMMENDATION I recommend that the City Council approve the attached Resolutions that will correct a construction error that caused the gazebo at the John G. Bergfeld Recreation Area to be constructed outside the designated open space lot. ACTION STEP The action step for the City Council is to adopt the attached Resolutions. F:\USERS~Pmyh re\WPDOCS\LOANDOC\MCGRAW HILL\gazeboplat.mem.rtf RESOLUTION NO. 386-02 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY ON CHAVENELLE ROAD (LOT 2-5 OF DUBUQUE INDUSTRIAL CENTER WEST) TO THE CITY OF DUBUQUE, IOWA. Whereas, the City of Dubuque entered into a Development Agreement with Ruscilli Development Co, LTD (now known as R/W Dubuque, LLC) on October 15, 2001 pursuant to which R/W Dubuque, LLC agreed to convey an easement area now known as Lot 2-5 of Dubuque Industrial Center West in the City of Dubuque, Iowa, as shown on the Plat of Survey thereof, and Whereas, R/W Dubuque, LLC has executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Quit Claim Deed from R/W Dubuque, LLC, a copy of which is attached hereto, as required by iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 5th day of August, 2002. Tdrrance M. Duggan, Mayor Attest; Jeanne F. Schneider, CMC, City Clerk F:\USERS~Pmyh re\WPDOCS~LOANDOC~ICGRAW HILL\gazebo.res.doc PLAT OF SURVEY LOT 1-5 AND LOT 2-5 OF DUBUQUE INDUSTRIAL CENTER WEST IN THE CiTY OF DUDUQUE, IOWA DETAIL: NO SCALE  LOT 2 -EX~STING 15' PUBLIC UTiLI~ EASEMENT PER INST. NO, 17453-99 -EXISTING 15'x60' MAINTENANCE AND USE EASEMENT FOR GAZEBO IN FAVOR OF THE CITY OF DUBUQUE 2-5 900 SQ. FT. LOT 1-5 SEE DETA!L BELOW 21.78 ACRES DETAIL: NO SCALE %. EXISTING 25' SANITARY EASEMENT PER EXISTING 25' SANITARY INST. NO. 1745.3-99 SEWER ~NST. NO, 17453--99 LOT "C" \ LOT "O" ~ IIW ENG1NBERS & SUKVEY©~S, ?.C. -- PLAT BOUNDARY 0 200 400 · FOUND 5/8" IRON ROD W/ DRA~NG MAY HAVE BEEN REDUCED R.O.W. RIgHT-OF+WAY 1/4-SWl/4 LOT 0 N84'04 52 E SEC. 30-89-2E , 15.00' -25 ~ NORTH Information James A. O'Bnen~ 491 W. 4th Street. Dubuque~ Iowa 52001~ (563) 556-8552 Phone Address Tax Stmement: QUIT CLAIM DEED For the consideration of One Dollar(s) and other valuabie conmoerauon PJW Dubuque,' LLC, an Ohio limited liabilky company oo nereay Quit Claim to the C '¢ o£ Dubuque, Iowa, an Iowa municb~al corporation an our right, title, interest, estate claim and demand in the following described real estate ir Dubuque County, iowa: Lot 2 -5 of Dubuque Industrial Center West in the City of Dubuque. Iowa Each of the undersigned hereby relinquishes ali rights of dower homestead one distributive share ir and to the real estate. Words aha phrases herein, including acknowledgment hereof, shall be consh-ued as in the singular or plural number, ana as masculine or feminine gender, according to the context. Dated: June 3. 2002 STATE DF SS: COUNTY,. On this day of before me. me undersignea, a Notary' Public in uno for sale State. dersona[ly appearec m me Known io De the identlca] persons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary am and deed. (Grantor R/W Dubu~ue~ LLC BY: P¢)¢ Duuuque, Manager LLC (Grantor) It's: ./~/ /~.~' (Grantor (Grantor) (Grantorj (Grante~ (Granted Notaq/ Public State of Ohio County of Franklin, ss: On the ~_~ day of _~--~-'"'"'.~.j. ~, , 2,002, before me, a Notary Public in and for said county, ,persona[II appeared . {~ ,~&.~ to me personally know ~, who being ay me tuffy sworn d~d say l~at the per~on is the ~mnager of ~W Dabuque, Manager, LLC, an Ohio limited liability company, the managing member of IUW Dubuque, LLC, an Ohio limited liability company, that said instrument was signed on behalf of I~ Dubuque, Manager, LLC, by authority of its members and the same manager acknowledged the execution of said instrument to be the voluntary act and deed oF WW Dubuque, LLC, by them vohmtarily ' ~ ' ~ : Nm~ ~ubl~ State 0f Ohio ~.~ ~0~ ~ Commission ~ims 12-10-05 Prepared by: Pamela Myhre, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. 387-02 RESOLUTION APPROVING PLAT OF SURVEY OF LOT H OF DUBUQUE INDUSTRIAL CENTER WEST Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 25th day of July, 2002, prepared by the City of Dubuque Engineering Division, describing the survey of Lot H of Dubuque Industrial Center West. Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, iOWA: Section 1. That the plat dated the 25th day of July, 2002, prepared by the City of Dubuque Engineering Division, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. 2002. Passed, approved and adopted this 5th day of August, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk PLAT OF SURVEY LOT H OF DUBUQUE INDUSTRIAL CENTER WEST Being comprised of LotCandLot2of5of Dubuque Industrial Center West All in Ti~e City Of Dubuque, Dubuque County, Iowa Chavenelle ,~oad .~o Lot H oap~ N~.N.<~ 23.906 Ac. CURVE DATA NORTH c~ 105~.00' 30~.38' 16"23'28" ! 29B.36' I N 89'32'50" E LEGEND -- PROPERTY LiNE .... SECTION LINE ...... EJ~EMF~TUNE