Sanitary Sewer Easement_Faley Properties, LLCMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 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: March 1, 2011
Economic Development Director David Heiar is recommending City Council approval of
the disposition of a sanitary sewer easement to Faley Properties, LLC and Faley
Enterprises, Inc. to facilitate the construction of a 65,000 square foot office /distribution
facility at the Dubuque Industrial Center North First Addition.
Faley Properties, LLC and Faley Enterprises, Inc. plan 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.
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
Dubuque
kital
au- Ameicacity
2007
Masterpiece on the Mississippi
ACTION STEP
The action step for the City Council is to adopt the attached Resolution.
F: \USERS \Econ Dev \IWI Faley\20110225_ Faley Council memo Public Hearing_Sanitary Sewer.doc
Dubuque
rp4►
2007
TO: Michael Van Milligen, City Manager �;
FROM: David J. Heiar, Economic Development Director �,
DATE: February 25, 2011 I` _
SUBJECT: 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
On February 22, 2011, the City Council set a public hearing for March 7 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
Following the public hearing, I recommend that the City Council approve 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.
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
RESOLUTION NO. 85 -11
A RESOLUTION APPROVING THE DISPOSAL OF A SANITARY SEWER EASEMENT IN
THE DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION TO FALEY
PROPERTIES, LLC AND FALEY ENTERPRISES, INC.
Whereas, the City of Dubuque, Iowa (City) is the owner of Lot C of the Dubuque
Industrial Center North First Addition (the Property);
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, it is the determination of the City Council that approval of the Sanitary Sewer
Easement to Faley Properties, LLC and Faley Enterprises, Inc. would be in the best interest of
the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Sanitary Sewer Easement to Faley Properties, LLC and Faley
Enterprises, Inc. is hereby accepted and approved.
Section 2. That the Mayor is hereby authorized to execute, on behalf of the City
Council of the City of Dubuque, the attached Sanitary Sewer Easement with Faley Properties,
LLC and Faley Enterprises, Inc.
Section 3. That the City Manager is hereby authorized to execute, on behalf of
the City Council of the City of Dubuque, Iowa all necessary documents in accordance with
the terms and conditions of the executed easement.
Attest:
Passed, approved and adopted this 7 day of March, 2011.
eanne F Schneider, City Clerk
Roy D/JSuol, Mayor
F: \USERS\Econ Dev \IWI Faley\20110225 Faley Resolution Public Hearing on Sanitary sewer Easement.doc
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City of Dubuque
Engineering Divisior
50 West 13th Street
Dubuque, Iowa 52001
Phone: (563) 589 -427C
Fax: (563) 589 -4204
STEPHEN J. JUERGENS
ROBERT L. SUDMEIER :*
DOUGLAS M. HENRY:
MARK J. WILLGING:
A. THEODORE HUINKER:
DANITA L. GRANT :
JENNY L. HARRIS :'I'
JASON D. LEHMAN :*
JASON L. COMISKY :t
P. CHRISTOPHER WILLIAMS t
AMANDA L. ELKINS :
: LICENSED IN IOWA
* LICENSED IN WISCONSIN
'I' LICENSED IN ILLINOIS
City of Dubuque, Iowa
Development Office
Dubuque City Hall
50 W. 13th Street
Dubuque, IA 52001
Attn: Mr. David Heiar
Re: Faley Properties, L.L.C. Sanitary Sewer Easement
Dear David:
We enclose duplicate, original copies of the Sanitary Sewer Easement executed
by Faley Properties, L.L.C. with Exhibit "A" attached to each.
cc: Faley Properties, LLC
Attn: T. J. Faley
Law Offices Of
FUERSTE, CAREW, JUERGENS & SUDMEIER, P.C.
200 SECURITY BUILDING
151 WEST 8TH STREET
DUBUQUE, IOWA 52001 -6832
February 28, 2011
Very truly yours,
SJJ:kad BY:
Enclosures STEPHEN J. : F' GENS
WILLIAM C. FUERSTE
ALLAN J. CAREW
(RETIRED)
TELEPHONE:
(563) 556 -4011
TELECOPIER:
(563) 556-7134
E -MAIL:
MA1L(a) FUE RSTELA W . COM
FUERSTE, CAREW,
JUERGENS & SUDMEIER, P.C.
WRITER'S DIRECT
E -MAIL ADDRESS
SJUERGENS(FUERSTELAW. COM
Prepared By: Ron Turner -City of Dubuque, Iowa 50 W. 13 St. Dubuque, IA 52001 563 - 589 -4270
Return To: Ron Turner -City of Dubuque, Iowa 50 W. 13 St. Dubuque, IA 52001 563 - 589 -4270
• SANITARY SEWER EASEMENT
OVER AND ACROSS PART OF
LOT C OF DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION
For and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, the
receipt of which is hereby acknowledged, the City of Dubuque, Iowa ( "Grantor"), 50 West 13 Street,
Dubuque, Iowa, 52001 does hereby warrant and convey unto Faley Properties, LLC, an Iowa limited
liability company, its successors and assigns, ( "Grantee "), a perpetual easement with the right, privilege
and authority to construct, reconstruct, maintain and repair a sanitary sewer service lateral under, over
and across the following described property:
A part of Lot C of Dubuque Industrial Center North First Addition in the City of Dubuque,
Dubuque County, la., as shown on Exhibit A, attached hereto;
together with all the rights and privileges for the full enjoyment or use thereof for the aforesaid purpose.
Grantor agrees that it will not construct or place any buildings, structures, or other obstructions
within the easement area without the consent of the Grantee.
Grantor also conveys the right and privilege to trim, cut down or control the growth of any trees
within the easement area and such other trees adjacent thereto as in the judgment of the Grantee may
interfere with construction, reconstruction, maintenance or repair of said s ewer service line or
associated structures.
Grantor also grants to the Grantee the right of ingress and egress to existing sanitary sewer
main located on said Lot C now owned by the Grantor, for the purpose of constructing, reconstructing,
maintaining, and repairing and/or removing said line or associated structures. The Grantee agrees to
pay to the Grantor or its tenants all damages done to the lands (except the trimming of trees), fences,
livestock or crops of the Grantor or its tenants, by the Grantee or its employees while constructing,
reconstructing, or repairing said sewer service line.
Grantee, its contractor or agent, may enter said premises for the purpose of making surveys
and preliminary designs immediately upon the execution of this easement.
Grantee, its contractor or agent, shall notify the City Engineer of any proposed construction,
reconstruction, maintenance or repair 48 hours prior to said work. All work done by the Grantee, or its
contractors performed on property of the Grantor, shall be in accordance with the City of Dubuque
Standards and Specifications. Grantee shall cooperate with Grantor and its contractors and agents for
the inspection and testing of backfill materials used in any excavated area. Grantee shall be
responsible for any settlement that occurs within the easement area and shall promptly remediate the
work, including reseeding and mulching upon notice by Grantor.
The Grantee agrees to defend, indemnify and hold harmless Grantor, its officers and
employees, from and against any and all claims of any kind arising out of or related to the construction,
reconstruction, maintenance or repair of the sanitary sewer service lateral, access to the sanitary sewer
main and use of the easement area.
Signed this 25th day of February , 2011
SUSAN M. WINTER
COMMISSION NO.183274
MY COMMISSION EXPIRES
2/14/14
FALEY PROPERTIES, LLC
By: 7e
T.J. FALF
Printed Name
Manager_ : .. ..... ..
Printed Title - •
CITY OF DUBUQUE, IOWA
By: - .. .
Michael . Van Milligen, City Manager
Z;
State of Iowa )
) ss:
County of Dubuque )
�`- jc.
On this � da y of , 2011, before me, the undersigtied, a Notary Public in
and for the State of Iowa, personally appeared Michael C. Van Milligen and Jeanne F. Schneider, to me
personally known, who, being by me duly sworn, did say that they are the City Manager 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 th9 corporation nd tha the instrument was signed and sealed on
behalf of the corporation on the day of 2011, and Michael C. Van Milligen and
Jeanne F. Schneider acknowledged the execution f the instrument to be th -ir voluntary a t-an • dee
nne F. Schneider, CMC, City Clerk
otary Public in and for sad State
State of Iowa )
) ss:
County of Dubuque )
On this 25th day of February, 2011, before me, the undersigned, a Notary Public in and
for said State, personally appeared T.J. Faley, to me personally known, OR proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within
instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized
capacity(ies), and that by his /her /their signature(s) on the instrument the person(s) acted, executed the
instrument.
(Notary Seal)
(CORP SEAL)
AFFIXED
X_ NO SEAL PROCURED
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN /CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
FALEY PROPERTIES, LLC
ALL PURPOSE ACKNOWLEDGMENT
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
X_ CORPORATE OFFICER(S) Manager (Title)
Stephen J. Juergens
Notary Public in and for State of Iowa
PARTNER(S) X LIMITED _ GENERAL
(Signature)
(Print/type)
STEPHEN J. JUERGENS
COMMISSION NO. 209667
MYCOMMISSION EXPMO
Y �+1
PREPARED BY:
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
IIW ENGINEERS At SURVEYORS P.C, 4155 PENNSYLVANIA AVE, DUBUQUE, IOWA, (563) 556 - 2464
W
LOT 4
X 37.5' _ _} _ _ 57.8
N8 26" 31.2'
337.15'
EX STORM &
SANITARY SEWER
EASEMENT
LEGEND
PARCEL BOUNDARY
FOUND 5/8" IRON ROD W/
PLASTIC CAP NO. 12631
( ) RECORD INFORMATION
R.O.W. RIGHT -OF -WAY
EX EXISTING
U.E. PUBLIC UTILITY EASEMENT
PROPRIETOR: CITY OF DUBUQUE
PREPARED FOR: FALEY PROPERTIES, LLC
DATE PREPARED: 02 -14 -11
1
N7210'1 9"E
CFA, reR 117.04'
LOT 2
�o. NoRry F LoT
S24'08 "E R
87.35'
� �' S0� N771 SANITARY
w W E R EANT s
8' 12 y,
E
?Q G S\ SEWER LINE
32.984 E X SANITARY'
N4 10r
,I(IInIIIIiII III II I11,.
Sr c
NORTH
GRAPHIC SCALE
0 100 200
qpp /r /0,
1"=100'
DRAWING MAY HAVE BEEN REDUCED
NOTE
THIS SURVEY IS SUBJECT TO EASEMENTS,
RESERVATIONS, RESTRICTIONS AND
RIGHTS -OF -WAY OF RECORD AND NOT OF
RECORD.
DRAWN SAF
CHECKED JMT
IIW ENGINEERS &
SURVEYORS, P.C.
INTEGRITY. EXPERTISE. SOLUTIONS.
.1:1:jf UIIBUQIIF..1A IAZELO111'.EN.Wl
4 155 PENNSYLVANIA AVE. DUBUQUE. IA 521101
VOICE (513) 556.2464 FAX (563) 556.71111
'"flf.Imcngr.fonl
PLAT NO. 5 —IA -11
PROJ. NO. 10261-01
DATE 02 -14 -11 SHEET 1 of 1
P: \10 \261 - 01 \DWG \SURVEY \10261 -EASE