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Flexsteel Industries_Acceptance of Sidewalk Easement TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Accept Easement for Sidewalk Flexsteel Industries, Inc.-Port of Dubuque DATE: August 29, 2012 City Engineer Gus Psihoyos is recommending the City accept the easement for a sidewalk across Flexsteel Industries, Inc. at the southwest corner of Bell and 5th Street. I concur with the recommendation and respectfully request Mayor and City Council approval. / AAh kt1&1 Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer Dubuque THE CITY OF DT TB All AmericaC�t1� �J ti f F.. Masterpiece on the Mississippi 'o 2012 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Accept Easement for Sidewalk Flexsteel, Industries, Inc. -Port of Dubuque DATE: August 22, 2012 INTRODUCTION This memorandum is to request the acceptance of an easement for sidewalk across Flexsteel Industries, Inc. at the southwesterly corner of Bell and E Fifth Streets. DISCUSSION This easement over private property was obtained in order to establish an adequate area for construction and maintenance of a sidewalk behind a large utility pole at the intersection of East 5t" and Bell Street. This new easement has been created to be one foot beyond the sidewalk construction for ease of future maintenance. Flexsteel, Industries, Inc. has agreed to construct the sidewalk and maintain it in accordance with City ordinances. RECOMMENDATION I would recommend the adoption of the attached resolution accepting the easement for a sidewalk from Flexsteel, Industries, Inc. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution accepting the Grant of Easement for Sidwalk from Flexsteel, Industries, Inc. at 385 Bell Street. Prepared by Ron Turner, PLS cc: Bob Schiesl, Assistant City Engineer Marie Ware, Leisure Services Manager Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 RESOLUTION NO. 226 -12 A RESOLUTION ACCEPTING THE GRANT OF AN EASEMENT FOR SIDEWALK THROUGH, UNDER AND ACROSS PART OF LOT 1 OF 1 OF ADAMS COMPANY'S 4TH ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, Flexsteel, Industries, Inc have executed a Grant of Easement for Sidewalk through under and across parts of Lot 1 of 1 of Adams Company's 4th Addition in the City of Dubuque, Dubuque County, Iowa. 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 Grant of Easement for Sidewalk through, under and across parts of Lot 1 of 1 of Adams Company's 4th Addition the City of Dubuque, Dubuque County, Iowa from Flexsteel, Industries, Inc, a copy of which is attached hereto. 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 4th day of Sep' -mbar, 2012. Attest: Air Kevin S. irnstahl, , C C, `''Clerk Roy D. /Buol, Mayor Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. 13" Street, Dubuque, IA 52001 (563) 589 -4270 GRANT OF EASEMENT FOR SIDEWALK For and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, FLEXSTEEL INDUSTRIES, INC. 385 BELL ST. DUBUQUE, IOWA 52001 of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, a municipal corporation, its agents and contractors, in perpetuity, from the date hereof, a right -of -way and easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: LOT 1 -1 ADAMS COMPANY'S 4TH ADDITION IN THE CITY OF DUBUQUE, IOWA Said easement shall extend one foot beyond the edge of a proposed sidewalk at the northeasterly corner of said Lot 1 -1 as shown on the attached Exhibit A for the purpose of pedestrian travel. Said sidewalk shall be constructed and maintained by the Grantor in accordance with City Codes and Specifications. Grantor shall not erect any structure or plant any trees, brush or other vegetation over or within the easement area that would prohibit or restrict pedestrian travel over said easement area without obtaining the prior written approval of the City Engineer. Grantor shall not change the grade, elevation, contour or perform any construction or excavation that will diminish the lateral support of said sidewalk without obtaining the prior written consent of the City Engineer. To have and to hold unto the said City of Dubuque, Iowa, forever, and the undersigned do hereby expressly covenant that they are the owners in fee of said real estate and have good right to execute this agreement, and that the grantee, its agents or contractors, and the general public shall at all times have free access to and egress from and over said easement area to inspect, maintain, remodel or repair said sidewalk thereon or therein, when said maintenance and repairs are not performed by the owner in accordance with applicable City Codes and Ordinances. Dated at Dubuque, Iowa this day of Ta/ , 2012. Flexsteel Industries, Inc. GFa ALL PURPOSE ACY.NOWLEDGIMIENT STATE OF IOWA ) COUNTY OF DUBUQUE) On this 3154" day of ��, 2012, before me, the undersigned, a Notary Public in and for said State, perso ally appeared Tvr,b s, �. as l/ , ✓ 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) _ �- ez (sign in ink) �LUCYT . WARD , Comm(sa!on Number 7318 yc Le lCK (print/type name) %yam Comm. Fop. tary Public in and for State of Iowa CAPACITY CLAIMED BY SIGNER _ INDIVIDUAL I/ CORPORATE OFFICER(S) 5VP- F.:...<« , c >r o (Title) (CORP SEAL) LZ AFFIXED NO SEAL PROCURED PARTNER(S) _ LIMITED _ GENERAL _ ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER SIGNER IS REPRESENTING: Flexsteel Industries, Inc. PREPARED BY: IIW, P.C. 4155 PENNSYLVANIA AVE DUBUQUE, IOWA (563) 556 -2464 SIDEWALK EASEMENT EXHIBIT "A" ACROSS PART OF LOT 1 -1 OF ADAMS COMPANY'S 4TH ADDITIQN IN THE CITY OF DUBUQUE, IOWA J/ Fs T \ Fqs A F q� ,"1 S90' Os' •o°ryco LOT 1 -1 ADAMS COMPANYS 4TH ADDITIOP PROPRIETOR: FLEXSTEEL INDUSTRIES, INC. PREPARED FOR: CITY OF DUBUQUE DATE OF PREPARED: JULY 13, 2012 NOTE THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS -OF -WAY OF RECORD AND NOT OF RECORD. 4,`. INt e NORTH GRAPHIC SCALE 0 5 10 1' = 5' DRAWING MAY HAVE BEEN REDUCED NORTH HORIZONTAL SCALE IN FEET 0 10 20 DRAWING MAY HAVE BEEN REDUCED PROP LINE T \ NORTH f D S � \ T 6c ®0 \\ \ \ \ O IZONTAL SCALE IN FE 40 � T � 3P B \ \ DRAWING MAY HAVE BEEN REDUCED SP KLER CONTROL \T \a \ \ VAL (2) pl S \ T T 3 \ \\ \ S T f 5 pT2 2• � \ ,� b �5 \ 0 T \S DoT g, °• . UTIL O ®VAULT � S \ T i\ � \ h 0 ry NEW OFFlCE BUILDING �..�\ T 3 \ LEVEL 1 = 607.90' ryy \ \ SSg. LEVEL 2 = 622.90 0 0 LEVEL 3 LEVEL 4 6 0.90' eo°ao • / \ T 5 9T ROOF GARDEN QSa aSg6• 670.90' � C � 0p DTI" SEE WEST h m y SIDEWALK DETAIL 10' 60T �yo:8o— 0� "LIGHT FIXTURES 6pj� p SEE ELECTRICAL %jµ.0 SITE PLAN a W h / EX PARKING RAMP 4 STORY, CONCRETE O \\ VAULT j\ SS, 10 / O \ \ \ S FZF 3 246 O �oJ T f \ CO °N fioxa7 h o P ^ T SCA4,0 601 T \ 0 \ \ T 0 \ m / O SIDEWALK g EX/FLAG POLES �^\ EASEMENT LIMITS 1 T EX ELEC SIGN V f O TH FLEXSTEEL PROPERTY AREAS PERVIOUS AREA 8,241 SF / HO L SCALE IN FEET VI l � � 20 IMPERVIOUS AREA 18,896 SF � TOTAL AREA 27,137 SF D WIN MAY HAVE BEEN REDUCED p EAST 5TH AND BELL ST. SIDEWALK CORNER DETAIL s mob 90 y oq p so].19/ ° SEE EAST 5 AND BELL ST. \ T/P i' SIDEWALK 0RNER DETAIL / ary 6/ V / / 07.65 6/ / 5 HBO A S V 11w ARCHITECTURE CML ENGINEERING CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING LAND SURVEYING MUNICIPAL ENGINEERING STRUCTURAL ENGINEERING (C] COPYRIGHT 2011 ALL RIGHTS RESERVED. THESETJOCUMENTS HAVE BEEN PREPARED SPECIFICALLY FOR THIS PROJECT ONLY. NO PART OF THIS DOCUMENT MAY BE REPRODUCED OR DISTRIBUTED IN ANY FORM VATHOUTH THE PERMISSION OF INV, P.C. ALL INFORMATION IN THIS DOCUMENT IS CONSIDERED 0 a o 2 LU X W F W j a Ci Z W U O 0 = F m Q o ¢ :) K 0 CO W c Q w U3 U W w LL 3 LL /Q Li ) WATER SERVICE NOTE< DOMESTIC WATER SERVICE /FIRE PROTECTION SYSTEM ARE m u REQUIRED TO HAVE AN APPROVED CROSS CONNECTION `V CONTROL DEVICE INSTALL PER UPC SECTION 603.2.7 TYPE m OF DEVICE WILL BE DETERMINED BY DEGREE OF HAZARD. O a '6" / / UPON INSTALLATION A TEST REPORT BY A CERTIFIED / BACKFLOW ASSEMBLY TESTER SHALL BE SUBMITTED TO THE / CIT Y OF BUILDING. THE PRIMARY CANTACT PERSON FOR THE 5 OF DUBUQUE, IOWA 52001 PRIOR TO THE OCCUPANCY o OF / V CITY OF DUBUQUE WATER DEPARTMENT IS MICHAEL BREKKE, E / 563- 589 - 4303. UTILITY NOTE / ._° _ 6 u w u, ; S \ O O / S THE LOCATIONS OF THE EXISTING UTILITIES SHOWN ARE APPROXIMATE ONLY. THE UTILITIES PRESENT MAY NOT EXIST AS SHOWN. ADDITIONAL FACILITIES OTHER THAN THOSE SHOWN MAY BE PRESENT. IT SHALL BE THE RESPONSIBILITY OF ANYONE USING THIS DOCUMENT TO ASCERTAIN THE EXACT LOCATION, SIZE, TYPE, MATERIAL, AND ELEVATION OF c 2 -� Ii o 'w U ! Sheet No: ALL UTILITIES THAT MAY BE PRESENT. y o NOTE THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS -OF -WAY OF RECORD AND NOT OF RECORD. ED Project No: 10111 -04 L IMIIGINIIIIIWdIhYYNIIIIIIdININIIIIIIIIIIMIIG Doc ID 007480600005 Type GEN Kind EASEMENT Recorded: 09/07/2012 at 03:26:58 PM Fee Amt: $27.00 Pape 1 of 5 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2012- 00015742 Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 GRANT OF EASEMENT FOR SIDEWALK For and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, FLEXSTEEL INDUSTRIES, INC. 385 BELL ST. DUBUQUE, IOWA 52001 of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, a municipal corporation, its agents and contractors, in perpetuity, from the date hereof, a right -of -way and easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: LOT 1 -1 ADAMS COMPANY'S 4TH ADDITION IN THE CITY OF DUBUQUE, IOWA Said easement shall extend one foot beyond the edge of a proposed sidewalk at the northeasterly corner of said Lot 1 -1 as shown on the attached Exhibit A for the purpose of pedestrian travel. Said sidewalk shall be constructed and maintained by the Grantor in accordance with City Codes and Specifications. Grantor shall not erect any structure or plant any trees, brush or other vegetation over or within the easement area that would prohibit or restrict pedestrian travel over said easement area without obtaining the prior written approval of the City Engineer. Grantor shall not change the grade, elevation, contour or perform any construction or excavation that will diminish the lateral support of said sidewalk without obtaining the prior written consent of the City Engineer. To have and to hold unto the said City of Dubuque, Iowa, forever, and the undersigned do hereby expressly covenant that they are the owners in fee of said real estate and have good right to execute this agreement, and that the grantee, its agents or contractors, and the general public shall at all times have free access to and egress from and over said easement area to inspect, maintain, remodel or repair said sidewalk thereon or therein, when said maintenance and repairs are not performed by the owner in accordance with applicable City Codes and Ordinances. Dated at Dubuque, Iowa this .� /'s� day of ,Tip /y , 2012. Flexsteel Industries, Inc. ALL PURPOSE ACKNOWLEDGMENT STATE OF IOWA COUNTY OF DUBUQUE ) On this 315- day of 011.1y , 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared T rno/►y /. /4a l/ ✓ 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) LUC`, T. WARD CommiszIon Number 7818 My Comm. Exp. /- (sign in ink) Ue 7T Le lcK (print/type name) tary Public in and for State of Iowa CAPACITY CLAIMED BY SIGNER INDIVIDUAL _% CORPORATE OFFICER(S) SVP- F.:..�« G F o (Title) (CORP SEAL) AFFIXED _ NO SEAL PROCURED PARTNER(S) _ LIMITED _ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER SIGNER IS REPRESENTING: Flexsteel Industries, Inc. p:fli111- h•' 1 1� 6 • d.. fq 4 ' 4 ,S>.. rr 0 .1 • 4 PREPARED BY: IIW, P.C. 4155 PENNSYLVANIA AVE DUBUQUE, IOWA (563) 556 -2464 SIDEWALK EASEMENT EXHIBIT "A" ACROSS PART OF LOT 1 -1 OF ADAMS COMPANY'S 4TH ADDITION IN THE CITY OF DUBUQUE, IOWA � 4;16,4 '�Fti N Uq OF RFF4,1r LOT 1 -1 ADAMS COMPANY'S 4TH ADDITION ss 0 c0 i PROPRIETOR: FLEXSTEEL INDUSTRIES, INC. PREPARED FOR: CITY OF DUBUQUE DATE OF PREPARED: JULY 13, 2012 NOTE THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS -OF -WAY OF RECORD AND NOT OF RECORD. CNI h NOS GRAPHIC SCALE 0 5 10 1 " =5' DRAWING MAY HAVE BEEN REDUCED IIW. P.C. 1 11 ARCHITECTURE CIVIL ENGINEERING CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING LAND SURVEYING MUNICIPAL ENGINEERING INTEGRITY.EXPERTISE.SOLUTIONS STRUCTURAL ENGINEERING 111111111TP°RTATI°NENGINEEmNG DRAWN SJC PLAT NO. 36 —IA -12 CHECKED SAF PROJ. NO. 12006 -13 DATE 07 -13 -12 SHEET 1 of 1 P: \12\ 006 \006 -13 \DRAWINGS \CIVIL \12006 -13 IULHML■ LMSLMLI \1 Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (5631 589 -4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. l3`h Street, Dubuque, IA 52001 (563) 589 -4270 RESOLUTION NO. 226 -12 A RESOLUTION ACCEPTING THE GRANT OF AN EASEMENT FOR SIDEWALK THROUGH, UNDER AND ACROSS PART OF LOT 1 OF 1 OF ADAMS COMPANY'S 4TH ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, Flexsteel, Industries, Inc have executed a Grant of Easement for Sidewalk through under and across parts of Lot 1 of 1 of Adams Company's 4th Addition in the City of Dubuque, Dubuque County, Iowa. 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 Grant of Easement for Sidewalk through, under and across parts of Lot 1 of 1 of Adams Company's 4th Addition the City of Dubuque, Dubuque County, Iowa from Flexsteel, Industries, Inc, a copy of which is attached hereto. 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. Attest: Passed, approved and adopted this 4th day of Seq--mb r, 2012. Kevin S. irnstahl, , C C, "Clerk Roy D. Buol, Mayor CERTIFICATE of the CITY CLERK STATE OF IOWA SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such 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. 226 -12 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 5th day of September, 2012. Kevi Firnstahl,�ty Clerk