Sanitary Sewer Easement_Faley Properties LLCMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
hitil
AN- AmedcaCityi
1111 I
2007
SUBJECT: Setting a Public Hearing on Disposition of Property in the Dubuque
Industrial Center North First Addition to Faley Properties, LLC and Faley
Enterprises, Inc. (IWI) for a Sanitary Sewer Easement
DATE: February 15, 2011
Economic Development Director Dave Heiar recommends that a public hearing be set
for March 7, 2011 on the disposal of a sanitary sewer easement in the Dubuque
Industrial Center North First Addition to Faley Properties, LLC and Faley Enterprises,
Inc., which will facilitate the construction of a 65,000 square foot office /distribution
facility.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
David J. Heiar, Economic Development Director
Masterpiece on the Mississippi
TO: Michael Van Milligen, City Manager
FROM: David J. Heiar, Economic Development Director
DATE: February 14, 2011
Dubuque
kifrd
Arlaagi
2007
SUBJECT: Setting a Public Hearing on Disposition of Property in the Dubuque
Industrial Center North First Addition to Faley Properties, LLC and Faley
Enterprises, Inc. (IWI) for a Sanitary Sewer Easement
INTRODUCTION
This memorandum presents for City Council consideration a Resolution setting a public
hearing on the disposition of a sanitary sewer easement identified on the attached
exhibit to Faley Properties, LLC and Faley Enterprises, Inc. which will be constructing a
65,000 square foot office /distribution facility.
BACKGROUND
On February 7, 2011, the City Council authorized the sale of 8.369 acres of land in the
Dubuque Industrial North First Addition to Faley Properties, LLC and Faley Enterprises,
Inc. for an expansion of their current business to the Dubuque Industrial Center North
First Addition.
Faley Properties, LLC and Faley Enterprises, Inc. plans to invest approximately $2.5
million to construct an office /distribution facility on an 8.369 acre site in Dubuque's
Industrial Center North First Addition. They have committed to retaining the current 41
full time positions, and adding at least 10 new jobs at the new facility.
For this development to be serviced by the City's existing sanitary sewer system, the
City will need to provide an easement from this 8.369 acre parcel across green space to
the City's sanitary sewer trunk line.
RECOMMENDATION
I recommend that the City Council set a public hearing on the disposal of a sanitary
sewer easement in the Dubuque Industrial Center North First Addition to Faley
Properties, LLC and Faley Enterprises, Inc. which will facilitate the construction a
65,000 square feet office /distribution facility. This action supports the City Council's
objectives to businesses retaining and creating new jobs.
ACTION STEP
The action step for the City Council is to adopt the attached Resolution.
F: \USERS \Econ Dev \IWI Faley\20110214_ Faley Council memo Set PH_Sanitary Sewer.doc
Prepared by: David J. Heiar, City Hall, 50 West 13 Street, Dubuque IA 52001 563 589 -4393
Return to: David J. Heiar, City Hall, 50 West 13 Street, Dubuque IA 52001 563 589 -4393
Whereas, the City of Dubuque, Iowa (City) is the owner of Lot C of the Dubuque
Industrial Center North First Addition (the Property);
RESOLUTION NO. 57-11
INTENT TO DISPOSE OF A SANITARY SEWER EASEMENT IN CITY OF DUBUQUE
AND
FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA ON THE PROPOSED DISPOSAL OF A SANITARY SEWER
EASEMENT IN THE DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION TO
FALEY PROPERTIES, LLC AND FALEY ENTERPRISES, INC. AND PROVIDING FOR
THE PUBLICATION OF NOTICE THEREOF
And
Whereas, City and Faley Properties, LLC and Faley Enterprise, Inc. have entered into a
Development Agreement, on February 7, 2011, a copy of which is now on file at the Office of
the City Clerk, City Hall, 13 and Central Avenue, Dubuque, Iowa,; and
Whereas, the City Council has tentatively determined that it would be in the best
interests of the City to approve Sanitary Sewer Easement to Faley Properties, LLC and
Faley Enterprises, Inc.; and
Whereas, before said obligations may be approved, Chapter 403 of the Code of
Iowa requires that the City Clerk publi a notice of the proposal and of the time and place
of the meeting at which the City Council proposes to take action thereon and at which
meeting the City Council shall receive oral and /or written objections from any resident or
property owner of said City to such proposed action.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the foregoing -
described Property to Faley Properties, LLC and Faley Enterprises, Inc.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution
and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on
the City's intent to dispose of the foregoing- described Property, to be held on the 7 day of
March, 2011, at 6:30 o'clock p.m. in the City Council Chambers at the Historic Federal
Building, 350 W. 6 Street, Dubuque, Iowa.
Section 3. The Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting, in a newspaper, printed wholly in the English language,
published at least once weekly, and having
to be not less than four days nor more than
the issuance of said obligations.
Section 4. That the notice of the
be in substantially the form attached hereto.
Passed, approved and adopted this 22 day of Fe I ruary, 2011.
Attest:
.�1
eanne F. Schneider, City Clerk
general circulation in said City, said publication
twenty days before the date of said meeting on
proposed action to issue said obligations shall
Roy Buol, Mayor
NOTICE OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA, ON THE MATTER OF THE PROPOSED DISPOSAL OF A SANITARY SEWER
EASEMENT IN THE DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION TO
FALEY PROPERTIES, LLC AND FALEY ENTERPRISES, INC.
PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa,
will hold a public hearing on the 7h day of March, 2011, at 6:30 p.m. in the City Council
Chambers at the Historic Federal Building, 350 W. 6 Street, Dubuque, Iowa, at which
meeting the City Council proposes to take action disposing of the City's interest of a
sanitary sewer easement to Faley Properties, LLC and Faley Enterprises, Inc. in the
following described real estate:
Lot C of Dubuque Industrial Center North First Addition in the City of Dubuque, Iowa
At the meeting, the City Council will receive oral and written objections from any resident or
property owner of said City to the above action. After all objections have been received and
considered, the City Council may at this meeting or at any adjournment thereof, take
additional action for the disposition of the City's interest in such sanitary sewer easement
above. By order of the City Council said hearing and appeals there from shall be held in
accordance with and governed by the provisions of Section 403.9 of the Code of Iowa.
This notice is given by order of the City Council of the City of Dubuque, Iowa, as provided
by Chapter 403 of the Code of Iowa.
Dated this day of 2011.
Jeanne F. Schneider
City Clerk of Dubuque, Iowa
F: \USERS\Econ Dev \IWI Faley\20110214 Faley Resolution Setting Public Hearing on Sanitary sewer Easement.doc
Masterpiece on the Mississippi
DISCLAIMER: This information was compiled
using the Dubuque Area Geographic Information System
(DAGIS), which includes data created by both the City of
Dubuque and Dubuque County. It is understood that, while
the City of Dubuque and participating agencies utilized the
moot current and accurate Information available, OASIS and
its suppliers do not warrant the accuracy or currency of the
Information or data contained herein. The City and participating
agencies shall not be held liable for any direct, Indirect, incidental,
consequential, punitive, or special damages, whether foreseeable or
unforeseeable, arising out of the euthorhed or unauthorized use of
this data or the inability to use this data or out of any breach of
warranty whatsoever.
Faley Properties, LLC
1 inch = 600 feet
200100 0 200 400 600 800 Feet
Sewer Easement
of
aA
DAGIS
DURUDUE AREA GEOGRAPHIC INFORMATION 111
Map Prepared by:
City of Dubuque
Engineering Division
50 West 13th Street
Dubuque, Iowa 52001
Phone: (563) 589 -4270
Fax: (563) 589 -4205
STEPHEN J. JUEROENS j
Roam L. SUMMER j•
DOUGLAS M. HENRY j
MARK: J. WII.LoTNO
A. THEODORE HUINRER j
DANITA L. GRANT:
JENNY L. Mims tt
JASON D. LEHMAN j•
JASON L. COMISRY tt
P. CHRSTOIHER WILLIAMS t
AMANDA L. ELKINS j
j L .cv sSD IN IOWA
• Lc/Ns= IN WISCONSIN
%KKmm iN ILLINOIS
The Honorable Roy D. Buol
Mayor of the City of Dubuque
Dubuque City Hall
50 W. 13th Street
Dubuque, IA 52001
Law Offices Of
FUERSTE, CAREW, JUERGENS & SUDMEIER, P.C.
200 SECURITY BUILDING
151 WEST STH STREET
DUBUQUE, IOWA 52001 -6832
February 15, 2011
Re: Request for Sanitary Sewer Easement
Dear Mayor and City Council Members:
Dubuque City Council Members
Dubuque City Hall
50 W. 13th Street
Dubuque, Iowa 52001
This office represents Riley Properties, L.L.C. which is purchasing:
Lot 2 of Dubuque Industrial Center North First Addition,
in the City of Dubuque, Dubuque County, Iowa, together
with all easements, tenements, hereditaments, and
appurtenances belonging thereto,
WILLIAM C. FUERSTE
ALLAN J. �C
(RErcuzD)
TELEPHONE:
(563) 556 -4011
Tumour
(563) 556 -7134
E -MA9,:
WRrLFR•s DIRBCT
E-MAR. ADDRESS
from the City of Dubuque, Iowa under a Development Agreement approved by the
City Council on February 7, 2011.
Our client respectfully requests a sanitary sewer easement from the City over
Lot C of Dubuque Industrial Center North First Addition. The location and
dimensions of the proposed easement are shown on the enclosed drawing. The
easement is necessary for our client to extend its sanitary sewer lateral to the City's
sanitary sewer main located on Lot C.
FUERSTE, CAREW, JUERGENS & SUDMEIER, P.C.
The Honorable Roy D. Buol
February 15, 2011
Page 2
Thank you for your attention to this request.
SJJ /erh
Enclosure
cc. Mr. Gus Psihoyos, PE
City Engineer
Very truly yours,
FUERSTE, CAREW,
JUERGENS & SUDMEIER, P.C.
BY: .,
STEP J. A ERGENS /4-n(
PRL►ARE& SY:
NW ENOINEDIS & SURVEYORS P.C.
41SS PENNSYLVANIA AVE.
DIAfUOUL IOWA.
(1S3) 8011-2414
EXHIBIT A
20 FOOT WIDE SANITARY SEWER EASEMENT OVER AND ACROSS PART OF
LOT C OF DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION
IN THE CITY OF DUBUQUE, IOWA
oN
I p
o
c,
N
IND US
Pi?„
LOT 4
N861725 * E 31.2'
337.15'
EX STORM &
SANITARY SEWER
EASEMENT
o I
o^ I
E d
LEGEND
PARCEL BOUNDARY
• FOUND 5/!' PION ROD W/
PLASTIC CAP NO. 12631
( ) RECORD INFORMATION
R.O.W. RIGHT —OF —WAY
EX EXISTING
U.E. PUOUC UTIJTY EASEMENT
N7210'1 VT
CFN R 117.04'
LOT 2
.,
+ ,e10 NOR
S24'08'05 '' RST OT C
87 � 20 �o
E OTN
1 ?4
EX SANITARY
SEWER LNE
se
NORTH
GRAPHIC SCALE
0 100 200
1'01 D0'
DRAWING MAY HAVE BEEN REDUCED
JAME
THIS SURVEY IS SUBJECT TO EASEMENTS,
PROPRIETOR: CITY OF DUBUQUE RESERVATIONS, RESTRICTIONS AND
PREPARED FOR: FALEY PROPERTIES, LLC RIGHTS-OF- WAY OF RECORD AND NOT OF
DATE PREPARED: 02 -14 -11 RECORD.
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