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Innovation Drive Extension_Green Industrial AcquisitionMasterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Innovation Drive -Green Industrial Acquisition DATE: February 15, 2012 INTRODUCTION Dubuque bitil All-America City hill! 2007 On January 25, 2012, the Engineering Department received a request from City of Dubuque Economic Development Department for vacating a portion of Innovation Drive at its northerly terminus. This proposed vacating narrows the right -of -way of Innovation Drive at the northerly property line of Lot 3 of Dubuque Industrial Center North First Addition owned by Green Industrial. BACKGROUND City staff has worked with Greater Dubuque Development Corporation, Hunter Equity, LLC, and Fischer & Company on the construction of a new distribution center at the Dubuque Industrial Center West. Their site plan requires a 12- to 15 -acre parcel of property. In an effort to make this site plan fit into the Dubuque Industrial Center West, it will be necessary to eliminate the temporary cul -de -sac at the north end of Innovation Drive and to shift the extension of Innovation Drive slightly to the west. The shift in the street location requires the City to vacate a portion of the previously platted street, and to acquire .02 acre back from Green Industrial Supply. Green Industrial Supply has consented to sell this land back to the City for the same price he paid the City in 2011. DISCUSSION The attached Acquisition Plat of Lot A of Lot 3 of Dubuque Industrial Center North First Addition prepared by IIW, P.C. shows the area of Green Industrial's lot needed for relocated Innovation Drive due to the proposed vacating. The purchase price of $1,356.54 is based on the price that Green Industrial paid for their parcel when purchased from the City. Lot A of Lot 3 will be combined with abutting City property to the north and platted into the northerly extension of Innovation Drive. RECOMMENDATION I would recommend that Acquisition Plat of Lot A of Lot 3 of Dubuque Industrial Center North First Addition in the City of Dubuque, Dubuque County, Iowa be approved and the dedication of said Lot A of Lot 3 be accepted by City Council for street right -of -way and utility purposes. I would further recommend that the acquired area be combined with City property to the north for final platting of the extension of Innovation Drive. ACTION TO BE TAKEN The recommendation of the City Manager to accept the dedication of right -of -way shown on the acquisition plat should be approved through the adoption of the enclosed resolution. Prepared by Ronald J. Turner, PLS Prepared by: Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 RESOLUTION NO. 44 -12 RESOLUTION APPROVING THE ACQUISITION PLAT OF LOT A OF LOT 3 OF DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk an Acquisition Plat of Lot A of Lot 3 of Dubuque Industrial Center North First Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, upon said Acquisition Plat, the owner, by said Acquisition Plat, has dedicated to the public a right -of -way for street and utilities forever; and Whereas, said Acquisition Plat has been examined by the City Planner and had its approval endorsed thereon; and Whereas, said Acquisition Plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Lot A of Lot 3 of Dubuque Industrial Center North First Addition in the City of Dubuque, Dubuque County, Iowa, appears upon the Plat thereof, be and the same are hereby accepted; and Section 2. That the Acquisition Plat is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said Acquisition Plat. Passed, approved and adopted this 20th 2012. Attest: Firnstahl, City Clerk a of February , oy D. Buol, Mayor Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Innovation Drive -Green Industrial Acquisition DATE: February 6, 2012 Dubuque bierd All-America City 1 2007 On January 25, 2012, the Engineering Department received a request from City of Dubuque Economic Development for vacating a portion of Innovation Drive at its northerly terminus. This proposed vacating narrows the right -of -way of Innovation Drive at the northerly property line of Lot 3 of Dubuque Industrial Center North First Addition owned by Green Industrial. City Engineer Gus Psihoyos recommends acquisition of Lot A of Lot 3 from Green Industrial for a purchase price of $1,356.54. This parcel would then be combined with City property to the north for final platting of the extension of Innovation Drive. 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 Gus Psihoyos, City Engineer Prepared by Return to Ronald J Turner, City of Dubuque, 50 W 13th Street, Dubuque, IA 52001 (563) 589 -4270 Ronald J Turner, City of Dubuque, 50 W 13th Street, Dubuque, IA 52001 (563) 589 -4270 RESOLUTION NO. RESOLUTION APPROVING THE ACQUISITION PLAT OF LOT A OF LOT 3 OF DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk an Acquisition Plat of Lot A of Lot 3 of Dubuque Industrial Center North First Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, upon said Acquisition Plat, the owner, by said Acquisition Plat, has dedicated to the public a right -of -way for street and utilities forever; and Whereas, said Acquisition Plat has been examined by the City Planner and had its approval endorsed thereon; and Whereas, said Acquisition Plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Lot A of Lot 3 of Dubuque Industrial Center North First Addition in the City of Dubuque, Dubuque County, Iowa, appears upon the Plat thereof, be and the same are hereby accepted; and Section 2. That the Acquisition Plat is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said Acquisition Plat. Passed, approved and adopted this day of 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk PREPARED BY: IIW, P.C. 4155 PENNSYLVANIA AVE DUBUQUE, IOWA (563) 556 -2464 ACQUISITION PLAT COUNTY DUBUQUE PROJECT NO. 12044 -01 PARCEL NO. LOCATION DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION PERMANENT RIGHT —OF —WAY EASEMENT AREA 983 SQ.FT /0.023 ACRES TEMPORARY CONSTRUCTION EASEMENT AREA N/A ACQUIRED FROM GREEN INDUSTRIAL PROP, LLC LOT 4 IN DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION 0 N87'2325'1 • 498.98' LOT A OF LOT 3 983 SQ. FT. z N87'23' 25"E 21.29' L= 133.00' R= 476.09' A= 16'00'23" CHORD= N11'50'37 "W 132.57' EX TEMPORARY ROADWAY & UTILITY EASEMENT, SAID EASEMENT SHALL TERMINATE UPON THE EXTENSION OF INNOVATION DRIVE. LOT 3 (REMAINDER) 24.483 ACRES LEGEND LOT LINE ® FOUND CUT X IN CONC O SET 5/8" IRON ROD W/ PLASTIC CAP NO. 11306 ® SET CUT X IN CONCRETE ( ) RECORD INFORMATION R.O.W. RIGHT —OF —WAY PREPARED FOR: CITY OF DUBUQUE DATE PREPARED: JANUARY 30, 2012 frA .,,I1nuIIIIIII1mb1... NORTH • GRAPHIC SCALE 0 60 w — 0 D w p I mwQ 0UF Z J � —< co u- ►�_ F_ Ion 0 j Z z O 1— O > z� z 120 1" = 60' DRAWING MAY HAVE BEEN REDUCED I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY UCENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. ( WRAY A. CHILDERS' 'DATE LICENSE NO. 11306 MY LICENSE RENEWAL DATE IS 12 31/201 PAGES OR SHEETS COVERED BY THIS SEAL .% " S IIW, P.C. l • • IIW INTEG RITY. EXPE RT ISE.SOL UTIONS www.iiwengr.Com • 800.556.4491 SAF ARCHITECTURE CIVIL ENGINEERING CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING LAND SURVEYING MUNICIPAL ENOINEERING STRUCTURAL ENOINEERING TRANSPORTATION ENGINEERING AT NO. 7 —IA -12 CHECKED WAC PROJ. NO. 12044 -01 DATE 01 -30 -12 SHEET 1 of 1 P: \12 \044 \044 -01 \DRAWINGS \SURVEY\12044 -01 -ACC /! OWNER'S CONSENT , Iowa re rt ra r , 20 /cL The foregoing plat of Lot A of Lot 3 in Dubuque hidustrial Center North First Addition in the City of Dubuque, Iowa is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate. We hereby dedicate said Lot A of Lot 3 to the public for street right of way and utility purposes. Green Industrial Properties, LLC By P Patrick J. Gre n, Vice President By Mar Sue Green, President State of Iowa ) ) ss: County of ) On this ' day of 'tin& ry A.D. 20 /a , before me, the undersigned a Notary Public in and for the state of Iowa, personally appeared? 7LH r1( j g,„, i 4nd Mort/Sot, Grrev, and to me personally known, who being by me duly sworn, did say that they are the Vice President and President respectively of the corporation executing the within and foregoing instrument that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that Patrick J. Green and Mary Sue Green as officers acknowledge the execution of the foregoing instrument to be voluntary act and deed of the corporation, by it and by them voluntarily executed. Dubuque, Iowa BRENDA FUGLSANG Commission Number 745861 1 otary Public in the ' ate of Io My Comm. Exp. MAR 19, 2013 My Commission Expires `q- / .7-A0(3 PLANNING SERVICES !macbrG�'� i. ,20j The foregoing plat, Lot A of Lot 3 in Dubuque Industrial Center North First Addition in the City of Dubuque, Iowa, or within the two mile jurisdiction of the City of Dubuque, Iowa, as defined under Section 354 of the Code of Iowa, has been reviewed by the City Planner, (or designee) of the City of Dubuque in accordance with Chapter 42 of the City of Dubuque Code of Ordinances, and said approval has been endorsed herein on the date first written above. Planning Services Division City of Dubuque, Iowa City Planner COUNTY AUDITOR Dubuque, Iowa r 2t 20 /L The foregoing lat was entered of record in the office of the Dubuque County Auditor this u day of r-.66,10,/ , 20l2 We approve the subdivision name or title to be recorded. itor of Dubuque County, Iowa CITY COUNCIL Dubuque, Iowa F�la> u�Tag 20_.2 The undersigned, Mayor and Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing plat in the City of Dubuque, Iowa, has been filed in the office of the Clerk of the City of Dubuque, and that by Resolution No. 44 -12 the Dubuque City Council approved said plat. Roy D: Buol Mayor of the City of Dubuque KevitS. Firnstahl Clerk of the City of Dubuque CITY ASSESSOR Dubuque, Iowa , 20 The foregoing plat was entered of record in the office of the Dubuque City Assessor this day of , 20 . City Assessor of Dubuque, Iowa RECORDER'S CERTIFICATE Dubuque, Iowa ,20 The foregoing plat of Dubuque Industrial Center North First Addition in the City of Dubuque, Iowa, has been reviewed by the Dubuque County Recorder. Recorder of Dubuque County, Iowa Dubuque, Iowa CONSENT TO PLAT , 2012. Dubuque Bank & Trust Company, Mortgagee pursuant to a mortgage dated October 26, 2011, filed October 26, 2011, Instrument Number 2011 - 15854, records of Dubuque County, Iowa, hereby consents to the Acquisition Plat of Lot A of Lot 3 of Dubuque Industrial Center North First Addition in the City of Dubuque, Iowa. DUBUQUE BANK & TRUST COMPANY By. STATE OF IOWA SS COUNTY OF DUBUQUE Wayne R. Breckon Senior Vice President Business Banking On this 7,4‘-clay of �,.�r?,c..a.ry 2012, before me the undersigned, a Notary Public in and for the State of lowa,//personally appeared i, yfr1r. -R, &rPc,ton , to me personally known, who, being by me duly sworn, did say that he is the n,•sr Ksee Prvsr o7-71 of Dubuque Bank & Trust Company, executing the instrument to which this is attached and that as said 5..Pr1nr Fria /9-evdrvIJ of Dubuque Bank & Trust Company, acknowledged the execution of said instrument to be the voluntary act and deed of said company, by it and by them voluntarily executed. Notary Public, Sta e of low (owI BRENDA FUGLSANG Commission Number 745861 My Comm. Exp. MAR 19, 2013 PARTIAL RELEASE OF REAL ESTATE MORTGAGE THE IOWA STATE BAR ASSOCIATION Official Form No. 130 Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Barry A. Lindahl, Suite 330, 300 Main Street, Dubuque, IA 52001 (563) 583 -4113 Taxpayer Information: (Name and complete address) Green Industrial Properties, LLC 10467 Hwy 52N Dubuque, Iowa 52001 Return Document To: (Name and complete address) Green Industrial Properties, LLC 10467 Hwy 52N Dubuque, Iowa 52001 Grantors: Grantees: Green Industrial Properties, LLC City of Dubuque, Iowa Legal description: See Page 2 Document or instrument number of previously recorded documents: © The Iowa State Bar Association 2005 IOWADOCS® THE IOWA STATE BAR ASSOCIATION Official Form No. 130 Barry A. Lindahl FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER o PARTIAL RELEASE OF REAL ESTATE The undersigned, the present owner(s) of the mortgage hereinafter receipt of which is hereby acknowledged, do hereby acknowledge situated in Dubuque County, Iowa, to wit: MORTGAGE described, for valuable consideration, that the following described real estate in the City of Dubuque, Dubuque by Lot A of Lot 3 in Dubuque Industrial Center North First Addition County, Iowa is hereby released from the lien of the real estate mortgage, executed Green Industrial Properties; LLC dated October 26, 2011 , recorded in the records of as document reference and retaining the mortgage mortgage above described. acknowledgment hereof, gender, according to the YLC1.►ter „g04-9: the Office of the Recorder of the County number2011 -15854 of Dubuque State of Iowa, recorded reserving embraced in the including feminine or neuter day of � , ,specifically lien and all shall be construed context. mortgage rights against all as in the singular or Properties, LLC of the remaining property Words and phrases herein, plural, and as masculine, Dated this / CORPORATE /PARTNERSHIP STATE OF IOWA , COUNTY This instrument was acknowledged OF Dubuque , Green Industrial by.� ry Sue Green, President 070 / — , by Mary Sue Green before me on rr ►-y ft as President of Green Industrial Properties, LLC of INDIVIDUAL STATE OF IOWA , COUNTY This instrument was acknowledged • , � -- — 0 k ��� OF BRENDA FUGLSAN Comrnlsslon Number 745861 19, 201 , •j1 'ublic !Ay Comm. Exp, MAR , by before me on • NOTE: For complete release of real estate mortgage, , Notary Public see Form No. 129. © The Iowa State Bar Association 2005 130 PARTIAL RELEASE OF MORTGAGE 10WADOCS® Revised June 2005