Dubuque Industrial Center North_Acceptance of Storm Sewer and Access EasementsTHE CITY OF Dubuque
DUBE AII•AmericaCily
Masterpiece on the Mississippi 1111 V
2012
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Accept Storm Sewer and Access Easements
2013 Dubuque, LLC
DATE: August 28, 2012
City Engineer Gus Psihoyos is recommending acceptance of storm sewer and access
easements from 2013 Dubuque, LLC for existing storm sewer and access across Lot 1
Dubuque Industrial Center North Second Addition.
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
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF Dubuque
DtUBE AII•America City
1
Masterpiece on the Mississippi
2012
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer C:''
SUBJECT: Accept Storm Sewer and Access Easements
2013 Dubuque, LLC
DATE: August 20, 2012
INTRODUCTION
The purpose of this memo is to seek acceptance of storm sewer and access easements from
2013 Dubuque, LLC for existing storm sewer and access across Lot 1 Dubuque Industrial
Center North Second Addition.
DISCUSSION
The City had previously reserved a blanket access easement over areas of Dubuque Industrial
Center North First Addition in order to provide ingress and egress to maintain the areas of the
industrial park which were to remain undeveloped. The reason for the blanket access
easement was to reserve the right of access for the City and give notice to prospective
developers. Once lot lines were determined for a requested area, and a site plan developed
for each lot, the blanket access easement would then be vacated and restricted to an area
agreed upon by the City & developer.
The City has worked with 2013 Dubuque, LLC to determine a smaller storm sewer easement
and a restricted access easement agreeable to both parties. An easterly portion of the existing
storm sewer easement will be vacated along the northerly boundary of Lot 1 of Dubuque
Industrial Center North First Addition. Part of the remaining easement will be narrowed to 35
feet wide to accommodate the site improvements. Additionally, a 60 foot wide access
easement is being established along the southerly boundary of said Lot 1 to provide the City
access to the undeveloped area south and east of Lot 1.
The owner has agreed to regrade a portion of the northerly easement to provide a more
acceptable gradiant in which to maneuver City maintenance equipment.
RECOMMENDATION
I recommend accepting the Grant of Easement for storm sewer and access easements
through and across Lot 1 Dubuque Industrial Center North Second Addition in the City of
Dubuque, Iowa, as shown on the attached Easement Exhibit A.
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolution accepting the Grant of Easement For
Storm sewer and Access from 2013 Dubuque, L.L.C.
Prepared by Ron Turner, PLS
cc: Deron Muehring, Civil Engineer
John Klostermann, Street & Sewer Maintenance Supervisor
2
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. 227 -12
A RESOLUTION ACCEPTING THE GRANT OF AN EASEMENT FOR
STORM SEWER AND ACCESS THROUGH, OVER AND ACROSS A PART OF
LOT 1 OF DUBUQUE INDUSTRIAL CENTER NORTH SECOND ADDITION IN
THE CITY OF DUBUQUE, IOWA
Whereas, 2013 Dubuque LLC has executed an Easement for Storm
Sewer and Access through, over and across Lot 1 of Dubuque Industrial Center
North Second 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 Storm Sewer
and Access through, over and across Lot 1 of Dubuque Industrial Center North
Second Addition in the City of Dubuque, Dubuque County, Iowa from 2013
Dubuque LLC, 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 ojs ptember2012.
Attest:
dift-dviv-Awk.A4
Kevin S. irnstahl, CMC, CI lerk
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 STORM WATER AND ACCESS
For and in consideration of the sum of One Dollar ($1.00) and other good and
valuable consideration, the receipt whereof is hereby acknowledged,
2013 Dubuque, LLC
of Dubuque County, State of Iowa, for itself and its successors 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 of Dubuque Industrial Center North Second Addition in the City of
Dubuque, Dubuque County, Iowa
Said easement shall be as shown on the attached Exhibit A for the purpose of
maintaining and repairing storm sewer pipe and channel in accordance with the
Plans and Specifications on file in the office of the City Engineer.
Together with the right of access upon, over and across said property as shown
on the attached Exhibit A for access to storm sewers and Lot C Dubuque
Industrial Center North First Addition, in the City of Dubuque, Iowa.
It is understood and agreed that the grantee herein shall restore the disturbed
area due to access over and across said Lot 1 or repair of said storm sewers.
Grantor shall not erect any structure over or within the easement area without
obtaining the prior written approval of the City Engineer.
Grantor shall not change the grad. graddil, elevation, contour or perform any
construction or excavation that will diminish the lateral support of said
improvement or obstruct access 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, shall at all times have free access to and
egress from and over said real estate to maintain, remodel or repair said storm
sewers thereon or therein and to provide access to Lot C Dubuque Industrial
Center North First Addition for the repair and maintenance of City property and
facilities. II
Dated at Dubuque, Iowa this l day of August, 2012.
2013 Du uque, LLC
By:
Carl Rued usch, Manager
ACKNOWLEDGMENT
STATE OF IOWA )
COUNTY OF DUBUQUE )
On this I14-k day of August, 2012, before me, the undersigned, a
Notary Public in and for said State, personally appeared Carl Ruedebusch to me
personally known and acknowledged to me that he executed the same in his
capacity as the as the Manager of 2013 Dubuque, LLC, and that by his signature
on the instrument the person acted, x u -d the instrument.
lcvk E L Fq..i�
(Notar 'S OTA,?. \
•
PUBt�1G /2=
c.
Notary Public, State of Wisconsin
Commission expires on: 16 lals I N
CAPACITY CLAIMED BY SIGNER: Manager
SIGNER IS REPRESENTING: 2013 Dubuque, LLC
S87'35'13 "W
EASEMENT EXHIBIT A
EASEMENT MODIFICATION EXHIBIT
PART OF. LOT 1 IN DUBUQUE INDUSTRIAL CENTER NORTH SECOND ADDITION, DUBUQUE, IOWA
LOT 2
DUBUQUE /
SECOND ADDITION
65.47' IL
INNOVATION DRIVE
S87'35'13 "W 467.29'
130'
L= 193.91'
R= 562.50'
=19'45'05"
CHORD = 512'27.52 "E
192.95'
in
M
412.61'
PROPOSED STORM SEWER AND
ACCESS EASEMENT
N82.04.06 „w
19,955 SQ. FT.
528.1'
EXISTING 50' WIDE STORM SEWER
EASEMENT TO BE VACATED.
HI 0 212.63,
LOT C
DUBUQUE INDUSTRIAL CENTER NORTH
FIRST ADDITION
2084 •
LOT 1
DUBUQUE INDUSTRIAL CENTER NORTH SECOND ADDITION
12.40 ACRES
L= 178.46'
R= 551.09'
X18'33'16"
CHORD= S13'O1'57 "E
177.68'
EXISTING 20' WIDE
PUBLIC UTILITY
EASEMENT 425.94'
ti
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0 •1
*CP LA
THE ACCESS EASEMENT ACROSS ALL OF LOT 1 AND THE EXISTING 50 FOOT
WIDE STORM SEWER EASEMENT OVER THE NORTHERLY PORTION OF LOT 1 AS
SET FORTH ON THE FINAL PLAT OF DUBUQUE INDUSTRIAL CENTER NORTH
SECOND ADDITION IN THE CITY OF DUBUQUE, IOWA (FILE #2012- 00003793) ARE
TO BE VACATED.
A 60 FOOT WIDE ACCESS EASEMENT IS HEREBY ESTABLISHED OVER AND
ACROSS THE SOUTHERLY PORTION OF LOT 1 AS DEPICTED HEREON FOR THE
PUPOSE OF PROVIDING THE CITY OF DUBUQUE, FOR ITSELF, ITS AGENTS,
CONTRACTORS AND ASSIGNS, ACCESS FROM PUBLIC RIGHTS OF WAY TO LOT A
AND LOT C OF DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION TO THE
CITY OF DUBUQUE, IOWA FOR THE REPAIR AND MAINTENANCE OF CITY
PROPERTY AND FACILITIES. ALSO, A STORM SEWER AND ACCESS EASEMENT IS
HEREBY ESTABLISHED OVER AND ACROSS THE NORTHERLY PORTION OF LOT 1
AS DEPICTED HEREON FOR PURPOSES CUSTOMARY TO A STORM SEWER
EASEMENT IN ADDITION TO THE AFOREMENTIONED PURPOSE OF ACCESS
EASEMENT.
- PROPOSED 60' WIDE
ACCESS EASEMENT
O
f° r 337.15'
N86'17'26 'E
22,880 SQ. FT.
337.15'
LOT 2
DUBUQUE INDUSTRIAL CENTER NORTH
FIRST ADDITION
Nti
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NORTH
GRAPHIC SCALE
0 100 200
1" =100'
DRAWING MAY HAVE BEEN REDUCED
N88'19'51 "E
269.58'
LEGEND
PROPOSED EASEMENT
— EXISTING EASEMENT
LOT LINE
• 5/8 " IRON ROD W/ RED PLASTIC
CAP NO. 12631
0 5/8 " IRON ROD W/ YELLOW
PLASTIC CAP NO. 11306
PROPRIETOR: 2013 DUBUQUE, LLC
PREPARED FOR: 2013 DUBUQUE, LLC
DATE OF EXHIBIT: JULY 24, 2012
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1S S O WA
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WRAY A.
CHILDERS
LS 11306 z52:.-.7
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1I1p 1111U's,C”
I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED
AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY
DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED LAND
SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA.
FOR IIW, P.C.
AY A. C ERS
DATE
LICENSE NO. 11306 MY LICENSE RENEWAL DATE IS 12/31/2013
PAGES OR SHEETS COVERED BY THIS SEAL THIS SHEET
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