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
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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
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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
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HO L SCALE IN FEET VI l
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TOTAL AREA 27,137 SF
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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,
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AS SHOWN. ADDITIONAL FACILITIES OTHER THAN THOSE
SHOWN MAY BE PRESENT. IT SHALL BE THE RESPONSIBILITY
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Project No: 10111 -04
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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.
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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
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ADAMS COMPANY'S 4TH ADDITION
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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
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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
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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