2013 Dubuque LLC (FedEx) Vacate of Storm Sewer Easement
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacate Storm Sewer Easement & Blanket Access Easement
Lot 1 Dubuque Industrial Center North Second Addition
DATE: August 30, 2012
Assistant City Engineer Bob Schiesl is recommending vacation of a blanket access
easement and a portion of storm sewer easement on Lot 1 Dubuque Industrial Center
North Second Addition, as requested by Carl Ruedebusch, representing the purchasers
of the lot, 2013 Dubuque, LLC.
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
Robert Schiesl, Assistant City Engineer
Gus Psihoyos, City Engineer
THE C OF Dubuque
DtUBE Al"Mmocity
Masterpiece on the Mississippi
2012
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer g
SUBJECT: Vacate Storm Sewer Easement & Blanket Access Easement
Lot 1 Dubuque Industrial Center North Second Addition
DATE: August 29, 2012
INTRODUCTION
This is in response to a request from Carl Ruedebusch representing 2013 Dubuque, LLC requesting
the vacating of a blanket access easement and a portion of a storm sewer easement on Lot 1 Dubuque
Industrial Center North Second Addition in the City of Dubuque, Iowa.
DISCUSSION
The attached Easement Modification Exhibit shows the area of the storm sewer easement to be
vacated and indicates the location of a new access easement over and across Lot 1 Dubuque
Industrial Center North Second in the City of Dubuque. The property is owned by 2013 Dubuque, LLC.
The developer has agreed to regrade the northwesterly corner of their site to accommodate access to
the reduced storm sewer easement area at their expense and provide an additional access easement
on the south side of the Lot for access to remaining City properties.
RECOMMENDATION
would recommend to vacate and release a portion of the storm sewer easement and the blanket
access easement for the cost of publication and filing fees, with the owner agreeing to pay the cost to
regrade a portion of their site for access to the storm sewer easement as shown on a site plan
approved by the Engineering Department.
ACTION TO BE TAKEN
Vacating and disposal of City interest in a portion of an existing storm sewer easement and the blanket
access easement over and across Lot 1 Dubuque Industrial Center North Second Addition through
adoption of the enclosed resolutions.
Prepared by Ron Turner, PLS
COG -ice
Prepared by: Ronald J. Turner, City of Dubuque 50 W 13`x' Street Dubuque IA 52001 (563)589-4270
Return to. Kevin Firnstahl, City Clerk, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563 )589 -4270
RELEASE OF A PORTION OF A STORM SEWER EASEMENT AND A BLANKET
ACCESS EASEMENT OVER AND ACROSS LOT 1 DUBUQUE INDUSTRIAL
CENTER NORTH SECOND ADDITION IN THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA
Whereas, the Final Plat of Dubuque Industrial Center North First Addition in the
City of Dubuque, Iowa, was filed in the Office of the Recorder of Dubuque County, Iowa,
as File No. 2010 -20302 established a blanket access easement over Lot 4 of Dubuque
Industrial Center North First Addition; and
Whereas, the plat of Lot 1 Dubuque Industrial Center North Second Addition in
the City of Dubuque, Iowa, was filed in the office of the Recorder of Dubuque County,
Iowa, as File No. 2012 -3793, established a storm sewer easement over said Lot 1.; and
Whereas, the Developer of Lot 1 Dubuque Industrial Center North Second
Addition, 2013 Dubuque, LLC, has agreed to regrade a portion of the site and provide
an additional access easement on the south side of said Lot 1; and
Whereas, a portion of the storm sewer easement and the blanket ' access
easement designated on said Lot 1 will no longer be required after development of the
site.
NOW, THEREFORE, for valuable consideration, the undersigned, City of
Dubuque, Iowa, does hereby forever release, vacate, abandon, and discharge a portion
of the storm sewer easement and a blanket access easement over- Lot 1 Dubuque
Industrial Center North Second Addition in the City of Dubuque, Iowa, as shown the
attached Easement Exhibit A to 2013 Dubuque, LLC; however, this Release in no way
releases, vacates, abandons, or discharges any other easement shown on the Final
Plats of Dubuque Industrial Center North First Addition and Dubuque Industrial. Center
North Second Addition in the City of Dubuque, Iowa, filed in the office of the Recorder of
Dubuque County, Iowa, as File Numbers 2010 -20302 and 2012 -3793, respectively.
Section 3. That the City Clerk be and is hereby authorized and directed to
record a certified copy of this resolution in the offices of the City Assessor, Dubuque
County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 4th day of Septembr, 2012.
Roy D. Buol, Mayor
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563)589 -4270
Return to: Kevin Firnstahl, City Clerk, City of Dubuque, 50 W. 13°' Street, Dubuque, IA 52001 (563)589 -4270
RELEASE OF A PORTION OF A STORM SEWER EASEMENT AND A BLANKET
ACCESS EASEMENT OVER AND ACROSS LOT 1 DUBUQUE INDUSTRIAL
CENTER NORTH SECOND ADDITION IN THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA
Whereas, the Final Plat of Dubuque Industrial Center North First Addition in the
City of Dubuque, Iowa, was filed in the Office of the Recorder of Dubuque County, Iowa,
as File No. 2010 -20302 established a blanket access easement over Lot 4 of Dubuque
Industrial Center North First Addition; and
Whereas, the plat of Lot 1 Dubuque Industrial Center North Second Addition in
the City of Dubuque, Iowa, was filed in the office of the Recorder of Dubuque County,
Iowa, as File No. 2012 -3793, established a storm sewer easement over said Lot 1; and
Whereas, the Developer of Lot 1 Dubuque Industrial Center North Second
Addition, 2013 Dubuque, LLC, has agreed to regrade a portion of the site and provide
an additional access easement on the south side of said Lot 1; and
Whereas, a portion of the storm sewer easement and the blanket access
easement designated on said Lot 1 will no longer be required after development of the
site.
NOW, THEREFORE, for valuable consideration, the undersigned, City of
Dubuque, Iowa, does hereby forever release, vacate, abandon, and discharge a portion
of the storm sewer easement and a blanket access easement over Lot 1 Dubuque
Industrial Center North Second Addition in the City of Dubuque, Iowa, as shown the
attached Easement Exhibit A to 2013 Dubuque, LLC; however, this Release in no way
releases, vacates, abandons, or discharges any other easement shown on the Final
Plats of Dubuque Industrial Center North First Addition and Dubuque Industrial Center
North Second Addition in the City of Dubuque, Iowa, filed in the office of the Recorder of
Dubuque County, Iowa, as File Numbers 2010 -20302 and 2012 -3793, respectively.
Passed, approved and adopted this 4th day of September 2012.
Roy D. Buol, Mayor
Attest:
/eCKd4iML1 IN41•10N * *Q11111ML1 IL116 fa
I, the undersigned, representing 2013 Dubuque, LLC, having read the
terms and conditions of the Resolution No. -12 and being familiar with the
conditions thereof, hereby accept the same and agree to the conditions required
therein.
2012.
Dated in Dubuque, IOWA this day of
By:
2013 Dubuque, LLC
Dubuque
THE CITY OF
DUB E "edcaC"
1 1
Masterpiece on the Mississippi
I.
2012
TO: Michael C. Van Milligen, City Manager
FROM: Robert Schiesl, Assistant City Engineer 1ZDS
SUBJECT: Vacate Storm Sewer Easement & Blanket Access Easement
Lot 1 Dubuque Industrial Center North Second Addition
DATE: August 6, 2012
INTRODUCTION
This is in response to a request from Carl Ruedebusch representing 2013 Dubuque, LLC
requesting the vacating of a blanket access easement and a portion of a storm sewer
easement on Lot 1 Dubuque Industrial Center North Second Addition in the City of Dubuque,
Iowa.
DISCUSSION
The attached Easement Modification Exhibit shows the area of the storm sewer easement to
be vacated and indicates the location of a new access easement over and across Lot 1
Dubuque Industrial Center North Second in the City of Dubuque. The property is owned by
2013 Dubuque, LLC.
The developer has agreed to regrade the northwesterly corner of their site to accommodate
access to the reduced storm sewer easement area at their expense and provide an additional
access easement on the south side of the Lot for access to remaining City properties.
RECOMMENDATION
I would recommend that a public hearing be set to vacate and release a portion of the storm
sewer easement and the blanket access easement for the cost of publication and filing fees,
with the owner agreeing to pay the cost to regrade a portion of their site for access to the storm
sewer easement as shown on a site plan approved by the Engineering Department.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and a public hearing should be
set on September 4, 2012 for the vacating and disposal of City interest in a portion of an
existing storm sewer easement and the blanket access easement over and across Lot 1
Dubuque Industrial Center North Second Addition through adoption of the enclosed
resolutions.
Prepared by Ron Turner, PLS
0
RESOLUTION NO. 223 -12
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN
STORM SEWER AND ACCESS EASEMENTS OVER AND ACROSS LOT 1
DUBUQUE INDUSTRIAL CENTER NORTH SECOND ADDITION IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA.
Whereas, 2013 Dubuque, LLC is the current owner of Lot 1 Dubuque Industrial
Center North Second Addition in the City of Dubuque, Iowa; and
Whereas, a storm sewer easement and a blanket access easement are currently
platted on said Lot 1; and
Whereas, development of said Lot 1 has established a more restricted location for
storm sewer and access necessary to maintain public improvements and other City
properties; and
Whereas, Carl Ruedebusch representing 2013 Dubuque, LLC, has petitioned to
vacate a portion of the storm sewer easement and the blanket access easement and
established new easements over and across said Lot 1.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, on September 4, 2012, intends to vacate and
dispose of its interest in a portion of a storm sewer easement and the blanket access
easement over Lot 1 Dubuque Industrial Center North Second Addition in the City of
Dubuque, Dubuque County, Iowa, as shown on the attached Exhibit A available for
viewing in the Office of the City Clerk, 50 W. 13th Street.
Section 2. That the City Clerk be and is hereby authorized and directed to cause a
notice of intent to dispose of said interest to be published in the manner as prescribed
by law.
Passed, approved and adopted this 20th day of August, 2012.
Id 11-ecl-1
Roy D. Buol, Mayor
W ��
RESOLUTION hereby given that the -I
City Council of the City
No. 223-12 of Dubuque, Iowa, will
RESOLUTION OF hold a public hearing,�
INTENT TO VACATE on the 4th day of
AND DISPOSE OF Se teie 4 at 6:3f
CITY' INTEREST IN m. in the. Historic
STORM SEWER AND Federal Building,. .350
is
ACCESS EASEMENTS West 6th-.• Street,
OVER AND ACROSS Dubuque, . -S at
LOT 1 DUBUQUE which, meeting the City
INDUSTRIAL CENTER Council proposes to
NORTH SECOND dispose an Interest jn.'
ADDITION THE the following described
CITY OF DUBUQUE,
DUBUQUE COUNTY, real property to 2013
Dubuque; LLC:
IOWA.
Whereas, 2013 Lot 1 Dubuque
Industrial Center North
Dubuque, LLC -the Seco d Add(t on In the
current owner of f Lo 1 4
Dubuque Industrial City of Dubuque,
Center North Second Dubuque County, Iowa
Addition In the City of At the meeting, the
Dubuque, Iowa; and City : Council will
Whereas; storm' receive oral. , and
sewer easement and a Written objections from
blanket access ease- any resident or
ment are currently property owner of said
platted on said Lot 1; City to the above
action. After all
and action.
develop- 'objections have been
ment of said Lot 1 has received and con -
established a more sldered, the City
restricted location for Council may at 'this '
storm sewer and meeting or at any
access necessary to adjournment thereof,
maintain public take additional action
improvements add for the disposition of
other City properties;. the City's interest In
and such real estate above,
Whereas, Carl and approve or
Ruedebusch represent - abapdon the proposal.,
ing 2013 Dubuque, LLC, BY order of the City +
has petitioned to Council said hearing
vacate a portion of the `and appeals there from
storm sewer. easement ; shall -,be held in
and the blanket access accor6ribe with ,and
easement and estAb. "goverhed -by. the
Iished., new - easements provisions sthof Code Section of
over . and across- said 'Iowa.
Lot 1, Copies of supporting
NOW EREFORE, BE documents„ for the
CIY RESOLVED-0 cgCI B0 THE ublid-hearings are on
CITY COUNCIL 0F4 THE fi .
CITY OF 'DUBUQUE, ff�ee the nd itmayerbe
IOWA: viewed during normal
Se_qtion;1. That the working hoyrs.
City of Dubuque;, on Any viP ursr hearing
September. 4 2012, impaired.p.ersons need-
dispose 'of, and Ing s ecial assistance
dispose io Its merest or persons with special I
Ina portion rn d storm accesslbllity needs
sewer easement and should contact the. City
the ibrit over tet access ot 1 Clerks Offlce.at (563)
easement 589 -41,20 or TTY (563)
Dubuque.. Industrial 69 -6678, at least 48
Center North, r p §econd hou s rior to the {
Additlon 1t tti
NOTICE OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, ON THE MATTER OF THE INTENT TO DISPOSE OF AN
INTEREST IN REAL PROPERTY
PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will
hold a public hearing on the 4th day of September, at 6:30 p.m. in the Historic Federal
Building, 350 West 6th Street, Dubuque, Iowa, at which meeting the City Council
proposes to dispose an interest in the following described real property to 2013
Dubuque, LLC:
Lot 1 Dubuque Industrial Center North Second Addition in the City of Dubuque,
Dubuque County, Iowa
At the meeting, the City Council will receive oral and written objections from any
resident or property owner of said City to the above action. After all objections have
been received and considered, the City Council may at this meeting or at any
adjournment thereof, take additional action for the disposition of the City's interest in
such real estate above, and approve or abandon the proposal. By order of the City
Council said hearing and appeals there from shall be held in accordance with and
governed by the provisions of Section 364.7 of the Code of Iowa.
Copies of supporting documents for the public hearings are on file in the City Clerk's
Office and may be viewed during normal working hours.
Any visual or hearing impaired persons needing special assistance or persons with
special accessibility needs should contact the City Clerk's Office at (563) 589 -4120 or
TTY (563) 690 -6678 at least 48 hours prior to the meeting.
Dated this 10th day of August, 2012.
Kevin S. Firnstahl, CIVIC
City Clerk
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EASEMENT EXHIBIT A
EASEMENT MODIFICATION EXHIBIT
PART
OF LOT 1 IN DUBUQUE
INDUSTRIAL CENTER NORTH SECOND ADDITION,
DUBUQUE, IOWA
LOT 2
DUBUQUE INDUSTRIAL CENTER NORTH
SECOND ADDITION
587'35'13 "W
65.47'
PROPOSED STORM SEWER AND
S87'35'13 "W
LOT C
467.29' ACCESS EASEMENT DUBUQUE INDUSTRIAL CENTER NORTH
M
SQ. FT. "yy FIRST ADDITION
212
Lo 412 61' 19,955 M oN 606
3
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_ _ _ _ v, sr�.
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GRAPHIC SCALE
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EXISTING 50' WIDE STORM SEWER
0 100 200
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EASEMENT TO
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THE ACCESS EASEMENT ACROSS ALL OF LOT 1 AND THE EXISTING 50 FOOT
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WIDE STORM SEWER EASEMENT OVER THE NORTHERLY PORTION OF LOT 1 AS
SET FORTH ON THE FINAL PLAT OF DUBUQUE INDUSTRIAL CENTER NORTH
■ 5/8 " IRON ROD W/ RED PLASTIC
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L= 193.91'
SECOND ADDITION IN THE CITY OF DUBUQUE, IOWA (FILE #2012- 00003793) ARE
CAP NO. 12631
7,
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TO BE VACATED. Z
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A 60 FOOT WIDE ACCESS EASEMENT IS HEREBY ESTABLISHED OVER AND w Ow
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CHORD= S12'27'52 "E
ACROSS THE SOUTHERLY PORTION OF LOT 1 AS DEPICTED HEREON FOR THE N _p:
PLASTIC CAP NO. 11306
192.95'
PUPOSE OF PROVIDING THE CITY OF DUBUQUE, FOR ITSELF, ITS AGENTS, .r
CONTRACTORS AND ASSIGNS, ACCESS FROM PUBLIC RIGHTS OF WAY TO LOT A V! W
AND LOT C OF DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION TO THE
L= 17$.46'
CITY OF DUBUQUE, IOWA FOR THE REPAIR AND MAINTENANCE OF CITY
PROPERTY AND FACILITIES. ALSO, A STORM SEWER AND ACCESS EASEMENT IS
R= 551.09'
HEREBY ESTABLISHED OVER AND ACROSS THE NORTHERLY PORTION OF LOT 1
4= 18'33'16"
AS DEPICTED HEREON FOR PURPOSES CUSTOMARY TO A STORM SEWER
CHORD= S13'01'57 "E
EASEMENT IN ADDITION TO THE AFOREMENTIONED PURPOSE OF ACCESS
PROPRIETOR: 2013 DUBUQUE, LLC
177.68
EASEMENT.
PREPARED FOR: 2013 DUBUQUE, LLC
PROPOSED 60' WIDE
EXISTING 20' WIDE
ACCESS EASEMENT
DATE OF EXHIBIT: JULY 24, 2012
PUBLIC UTILITY
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Dubuque Count RecordarQ I]
F13a2010- 00020302
PREPARED BY: IIW ENGINEERS & SURVEYORS P.C, 4155 PENNSYLVANIA AVE. DUBUQUE, IOWA, 563.556.2464
FINAL PLAT
DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION
IN THE CITY OF DUBUQUE, IOWA
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ACCESS EASEMENTS ARE HEREBY ESTABLISHED OVER AND ACROSS LOTS 2, 3
AND 4 OF DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION AND
SUBDIVISIONS THEREOF, FOR THE PURPOSE OF PROVIDING THE CITY OF DUBUQUE,
FOR ITSELF, ITS AGENTS, CONTRACTORS AND ASSIGNS, ACCESS FROM PUBLIC
RIGHTS OF WAY TO LOTS A AND C OF DUBUQUE INDUSTRIAL CENTER NORTH
FIRST ADDITION IN THE CITY OF DUBUQUE, IOWA FOR THE REPAIR AND
MAINTENANCE OF CITY PROPERTY AND FACILITIES.
DESCRIPTION: COMPRISED OF THE WEST 30 ACRES, LOT 1 AND LOT 2 OF THE
EAST 10 ACRES OF THE NE1 /4- NW1 /4, LOT 1 -1, LOT 2 -1, AND LOT 2 OF THE
NW1 /4- NE1 /4, SW1 /4- NEi /4, LOT 1 -1 AND LOT 2 -1 OF THE SEI /4- NW1 /4,
LOT 2 OF THE SW1 /4 -NW1 /4 ALL IN SECTION 30, TOWNSHIP 89 NORTH, RANGE
2 EAST OF THE 5TH PRINCIPLE MERIDIAN AND LOT 2 OF DUBUQUE INDUSTRIAL
CENTER WEST 6TH ADDITION ALL IN THE CITY OF DUBUQUE, IOWA
PROPRIETOR: CITY OF DUBUQUE, IOWA
SURVEYED FOR: CITY OF DUBUQUE, IOWA
DATE OF SURVEY. OCTOBER 2010 TOTAL AREA SURVEYED: 169.818 ACRES
```1"uuIHIUWrnrr„''. 1 NDl4Y CDlIIFY THAT Was LAND IKMVEYAO D00JUINT WAS PRPAaED
0 W,, q AND THE KLATED aua\4:Y WORN WAS POWM1ED W RE CA MUM YY
IEYOR L"DIDI 7NE LAWS ON SHAT 1 AN A DULY LICENSED I"
THE STATE OF IOWA.
JOHN M. "s fCR aw MINEUts t su 115 P,G
TRANMER c r=
LS 12631:,°; F 9
A GRANT
UC SE NO. 12431 CHECK
LAND WY UCEHSE RQrEWAL DATE IS 12/31/2010
r�rrrnnminnlmlP�d` DATE
PACES OR SHEETS COVERED aY 1H5 SEAL SHEET 1, 2, 3, k {ONLY P• \ nY
LEGEND
NORTH ®
GRAPHIC SCALE
0 400 800
1 " =800'
DRAWING MAY HAVE BEEN REDUCED
m
THIS SURVEY IS SUBJECT TO
EASEMENTS, RESERVATIONS,
RESTRICTIONS AND RIGHTS -OF -WAY
OF RECORD AND NOT OF RECORD.
•,..1an pul f�waAriir =p�a1 fK1�i11�
SAF I PLAT NO. 41
1 MT PROJ. N0. O,
11 -12 -10 1 SHEET 1 of
47- 01 \CIV\DWG \PHASE 3 \FIN
OP"M &�Yoa.c
Book , Paae , File Number 2010 - 00020302
PLAT BOUNDARY
FOUND 5/8 "IRON ROD W/
PLASTIC CAP NO. AS NOTED
•
FOUND PK NAIL
O
SET 5/8" IRON ROD W/
RED PLASTIC CAP NO. 12631
®
SET CUT 'X" IN CONCRETE
C )
RECORD INFORMATION
R.O.W.
RIGHT -OF -WAY
EX
EXISTING
U.E.
PUBLIC UTILITY EASEMENT
NORTH ®
GRAPHIC SCALE
0 400 800
1 " =800'
DRAWING MAY HAVE BEEN REDUCED
m
THIS SURVEY IS SUBJECT TO
EASEMENTS, RESERVATIONS,
RESTRICTIONS AND RIGHTS -OF -WAY
OF RECORD AND NOT OF RECORD.
•,..1an pul f�waAriir =p�a1 fK1�i11�
SAF I PLAT NO. 41
1 MT PROJ. N0. O,
11 -12 -10 1 SHEET 1 of
47- 01 \CIV\DWG \PHASE 3 \FIN
OP"M &�Yoa.c
Book , Paae , File Number 2010 - 00020302
INNIflNI�NNNI�NIiI�IfJ 'li��I�I�I�i�IIII�NN
Doe ID: 007324260010 Type: DEN
K1nd: SUBDIVISION PLAT
Recorded: 03/07/2012 at 04:22:05 PM
Fee Amt: $52.00 Pane 1 of 10
Dubuque County Iowa
Kathy Flynn Thurlow, Recorder
F11e2012- 00003793
FINAL PLAT
DUBUQUE INDUSTRIAL CENTER NORTH SECOND ADDITION
IN THE CITY OF DUBUQUE, IOWA
ACCESS EASEMENTS, INCLUDING BUT NOT LIMITED TO THOSE SPECIFICALLY SHOWN,
ARE HEREBY ESTABLISHED OVER AND ACROSS LOT 1 AND LOT 2 OF DUBUQUE
INDUSTRIAL CENTER NORTH SECOND ADDITION AND SUBDIVISIONS THEREOF, FOR
THE PURPOSE OF PROVIDING THE CITY OF DUBUQUE, FOR ITSELF, ITS AGENTS,
CONTRACTORS AND ASSIGNS, ACCESS FROM PUBLIC RIGHTS OF WAY TO LOTS A
AND C OF DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION IN THE CITY OF
DUBUQUE, IOWA FOR THE REPAIR AND MAINTENANCE OF CITY PROPERTY AND
FACILI TIES.
DESCRIPTION: LOT 4, LOT A OF LOT 3 AND LOT 2 -13 IN
DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION IN
SECTION 30, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH
PRINCIPLE MERIDIAN ALL IN THE CITY OF DUBUQUE, IOWA
PROPRIETOR: CITY OF DUBUQUE, IOWA
SURVEYED FOR: CITY OF DUBUQUE, IOWA
DATE OF SURVEY: JANUARY 2012 SUBDIVISION AREA: 66.904 ACRES
LEGEND
PLAT BOUNDARY
FOUND 5/8" IRON ROD W/
RED PLASTIC CAP NO. 12631
UNLESS NOTED
FOUND PK NAIL
SET 5/8" IRON ROD W/
0 YELLOW PLASTIC CAP
NO. 11306
0 SET CUT "X" IN CONCRETE
RECORD INFORMATION
R.O.W. RIGHT—OF—WAY
EX EXISTING
U.E. PUBLIC UTILITY EASEMENT
NORTH
GRAPHIC SCALE
0 400 800
1"=400'
DRAWING MAY HAVE BEEN REDUCED
NOTE
THIS PLAT IS SUBJECT TO
EASEMENTS, RESERVATIONS,
RESTRICTIONS AND RIGHTS —OF —WAY
OF RECORD AND NOT OF RECORD.
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File Number: 2012 - 00003793 Seq: 1
FINAL PLAT
s DUBUQUE INDUSTRIAL CENTER NORTH SECOND EX STORM
ADDITION IN THE CITY OF DUBUQUE, IOWA No2'340.00'
A 40.00'
N12- 19'12 "E o w LOT C
171.97' 'o X
so, w 'w
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5 WESTBROOK I
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GRAPHIC SCALE
0 200 400
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DRAWING MAY HAVE BEEN REDUCED
129.79' U0t 2' 7 ��p1
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m n x BELOW' —3' _ .. 120.31'
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2013 Dubuque, LLC
4605 Dovetail Drive
Madison, W1 53704
June 27, 2012
City of Dubuque; Iowa
50 W. 13'6 Street
Dubuque, IA 52001
Re: Development Agreement between the City of Dubuque and 2013 Dubuque, LLC
Site Plan Approval for FedEx Ground Facility oil, Innovation Thrive
Dear Sir or Madame:
This letter is being provided in order to document the request by 2013 Dubuque, LLC
C'De,velopee') ((tat certain easements affecting Lot 1 as shown on the Final Plat for the Dubuque
Industrial Center North Second Addition in the City of Dubuque, Iowa be narrowed so that they only
comer the area necessary for the utility and access purposes required by the City (and with the remainder
of easement rights vacated),
Developer requests that the 50' Storm Sewer Easement located along the north line of Lett 1 be
reduced to 30' in width and that the easterly lcS of such Stonn Sever Easement be removed. Further,
Developer request that the general access easement over and across all of Lot 1, as described in the
paragmph appearing underneath the lot depictions on Sheet I of 4 of the Final Plat for the Dubuque
Industrial Center North Second Addition ba narrowed so that such access easement only exists Aver an. d
across the same lands that are being utilized for the Storm Sewer Easement as described above (and as
narrowed to the 30' wide strip of land described above).
Please let us know if you have any questions. We appreciate the City's cooperation ill linliting
the easements as described herein.
Sincerely,
2013 DLWUQUE, LLC
By:
Carl Ruedebusch, Manager
1111115111110 11111=1111
Doc ID 007480610005 Type GEN
Kind EASEEMENT
Recorded: 09/07/2012 at 03:27:36 PM
Fee Amt: $27.00 Page 1 of 5
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
F11e2012- 00015743
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13`h 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 gra'ddi 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.
/ ?7.uo
(4 CdLA
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. I/,
Dated at Dubuque, Iowa this I day of August, 2012.
2013 Dubuque, LLC
By:
Carl Rued usch, Manager
ACKNOWLEDGMENT
STATE OF IOWA
COUNTY OF DUBUQUE )
On this I, 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, e. - - - • the instrument.
,`1111 m ulli
J` %%GNE1.F.4����i
(Notar?S IOTA, \ %
•
"A PUB0,0 �'�`
OFWIS4��+� -
r�lNllf1111"
Notary Public, State of Wisconsin
Commission expires on: 10 I alo I I�
CAPACITY CLAIMED BY SIGNER: Manager
SIGNER IS REPRESENTING: 2013 Dubuque, LLC
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.
Attest:
Passed, approved and adopted this 4th day �September2012.
I
�f
42,-„,,groOrArl
Kevin S. iristahl, CMC, CI Ierk
Roy D. Buol, Mayor
STATE OF IOWA
CERTIFICATE of the CITY CLERK
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. 227 -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.
\ 0 F
SEAL)
b(O LAP ` -)13
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
720 Central Ave,
Dubuque, IA 52001
Phone Number: (563)589 -4434
Official Receipt: 2012- 00010927
Reprinted on 09/13/2012 at 10:19:43 AM
By: 63 on DCRCO2
DUBUQUE CITY CLERK
CITY HALL
50 WEST 13TH STREET
DUBUQUE IA 52001
Date Recorded: 09/07/2012
Instrument ID Recorded Time Amount
2012 - 00015742 03 :26 :56 PM $27,00
EAS - ,EASEMENT
FLEXSTEEL INDUSTRIES INC
TO:DUB000E CITY
Accounts Amount
RECORD MANAGEMENT $1,00
TECH FEE $1.00
REAL ESTATE $25.00
NON- CONFORMING FEE $0.00
2012 - 00015743 03:27:36 PM $27.00
EAS - EASEMENT
2013 DUBUQUE LLC
TO :DUBUQUE CITY
Accounts Amount
RECORD MANAGEMENT $1,00
TECH FEE $1,00
REAL ESTATE $25.00
NON- CONFORMING FEE $0.00
Total Due: $54,00
Amount Charged: $54,00
Change Tendered: $0,00
IaMVP A NICE DAY!
111111111111111111111111111111111
111 11111 11111 1111 1111
Doc ID: 007481450005 Type: GEN
RecordedSO 09/10/2012 at 02:40 :42 PM
Fee Amt: $27.00 Pape 1 of 5
KathyuFlynnnThurlow Recorder
File2012_00015 816
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563)589 -4270
Return to: Kevin Firnstahl, City Clerk, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563)589 -4270
RESOLUTION NO. 235 -12
RESOLUTION DISPOSING OF CITY INTEREST IN STORM SEWER AND ACCESS
EASEMENTS ON LOT 1 DUBUQUE INDUSTRIAL CENTER NORTH SECOND
ADDITION IN THE CITY OF DUBUQUE; DUBUQUE COUNTY, IOWA
Whereas, pursuant to resolution and published notice of time and place of
hearing, published in the Telegraph Herald, a newspaper of general circulation
published in the City of Dubuque, Iowa on the 24th day of August, 2012, the City
Council of the City of Dubuque, Iowa met on the 4th day of September, 2012, at 6:30
p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, to consider
the disposal of City interest in storm sewer and access easements over and across real
estate described as:
Lot 1 Dubuque Industrial Center North Second Addition in the City of Dubuque,
Dubuque County, Iowa
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all
objections, oral or written to the proposal to dispose of City interest in said easement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the release of City of Dubuque interest in a portion of a storm
sewer easement and a blanket access easement over and across real property
described as Lot 1 Dubuque Industrial Center North Second Addition in the City of
Dubuque, Dubuque County, Iowa, as shown on the attached Exhibit A, to 2013
Dubuque, LLC, be and the same is hereby approved for the cost of publication and filing
fees, with the owner agreeing to pay the cost to regrade the northwest corner of the site
as shown on an approved site plan.
Section 2. That the Mayor be authorized and directed to execute a Release of
a Portion of a Storm Sewer Easement and a Blanket Access Easement, and the City
Clerk be and is hereby authorized and directed to deliver said Release to 2013
Dubuque, LLC upon receipt of the publication and filing fees and regrading of the
northwest corner of the site to provide access to the easement area.
,�,�oo ® Ctiut C� tL
Section 3. That the City Clerk be and is hereby authorized and directed to
record a certified copy of this resolution in the offices of the City Assessor, Dubuque
County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 4th day of Septemb r, 2012.
Kevin S. Rfrnstahl, C
Roy D. Buol, Mayor
EASEMENT EXHIBIT A
EASEMENT MODIFICATION EXHIBIT
PART OF LOT 1 IN DUBUQUE INDUSTRIAL CENTER NORTH SECOND ADDITION, DUBUQUE, IOWA
LOT 2
DUBUQUE INDUSTRIAL CENTER NORTH
SECOND ADDITION
S87'35'13 "W 65.47'—
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130 •-•
S8715'13 "W
467.29'
PROPOSED STORM SEWER AND
ACCESS EASEMENT
in N82'04.06 "W
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208. 1 • J � 6›
us
412.61'
19,955 SO. FT.
LOT C
DUBUQUE INDUSTMAL CENTER NORTH
FIRST ADDITION
I528.1'
L= 193.91'
R= 562.50'
6= 19'45'05"
CHORD = 51227'52 "E
192.95'
EXISTING 50' WIDE STORM SEWER
EASEMENT TO BE VACATED.
LOT
DUBUQUE INDUSTRIAL CENTER NORTH SECOND ADDITION
12.40 ACRES
L= 178.46'
R= 551.09'
6= 18'33'16"
CHORD= S13'01'57 "E
177.68'
EXISTING 20' WIDE
PUBLIC UTILITY
EASEMENT 425.94'
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 _ 22,880 SQ. FT.
f
337.15 —
N8617'26 "E 337.15'
LOT 2
DUBUQUE INDUSTRIAL CENTER NORTH
FIRST ADDITION
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NORTH
GRAPHIC SCALE
0 100 200
1" =100'
DRAWING MAY HAVE BEEN REDUCED
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LEGEND
PROPOSED EASEMENT
EXISTING EASEMENT
LOT LINE
• 5/8 " IRON ROD W/ RED PLASTIC
CAP NO. 12631
O 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
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.
C.�
DERS
LICENSE N0. 11306
2-5,26/2-
DAZE
MY LICENSE RENEWAL DATE IS 12/31/2013
THIS SHEET
PAGES OR SHEETS COVERED BY THIS SEAL
• •
INTEGRITY.EXPER1ISE.SOLU110NS
CONSTRUCTION CERVICES
MUNICIPAL &MINORING
TRANSPORTATION ENGINSEPINO
DRAWN KMS PLAT NO. 39 -IA -12
CHECKED WAC PROJ. N0. 11204 -01
DATE 7 -24 -12 SHEET 1 of 1
P- \11\ 204\ 204-01\DRAIMN6\SURtEY\11204-0I..E E OWIBIT
STATE OF IOWA
CERTIFICATE of the CITY CLERK
)
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. 235 -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.
0.0000
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in S. Firnsta I, C ity Clerk
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 131h Street, Dubuque, IA 52001 (563)589 -4270
Return to: Kevin Firnstahl, City Clerk, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563)589 -4270
RELEASE OF A PORTION OF A STORM SEWER EASEMENT AND A BLANKET
ACCESS EASEMENT OVER AND ACROSS LOT 1 DUBUQUE INDUSTRIAL
CENTER NORTH SECOND ADDITION IN THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA
Whereas, the Final Plat of Dubuque Industrial Center North First Addition in the
City of Dubuque, Iowa, was filed in the Office of the Recorder of Dubuque County, Iowa,
as File No. 2010 -20302 established a blanket access easement over Lot 4 of Dubuque
Industrial Center North First Addition; and
Whereas, the plat of Lot 1 Dubuque Industrial Center North Second Addition in
the City of Dubuque, Iowa, was filed in the office of the Recorder of Dubuque County,
Iowa, as File No. 2012 -3793, established a storm sewer easement over said Lot 1.; and
Whereas, the Developer of Lot 1 Dubuque Industrial Center North Second
Addition, 2013 Dubuque, LLC, has agreed to regrade a portion of the site and provide
an additional access easement on the south side of said Lot 1; and
Whereas, a portion of the storm sewer easement and the blanket access
easement designated on said Lot 1 will no longer be required after development of the
site.
NOW, THEREFORE, for valuable consideration, the undersigned, City of
Dubuque, Iowa, does hereby forever release, vacate, abandon, and discharge a portion
of the storm sewer easement and a blanket access easement over Lot 1 Dubuque
Industrial Center North Second Addition in the City of Dubuque, Iowa, as shown the
attached Easement Exhibit A to 2013 Dubuque, LLC; however, this Release in no way
releases, vacates, abandons, or discharges any other easement shown on the Final
Plats of Dubuque Industrial Center North First Addition and Dubuque Industrial Center
North Second Addition in the City of Dubuque, Iowa, filed in the office of the Recorder of
Dubuque County, Iowa, as File Numbers 2010 -20302 and 2012 -3793, respectively.
Passed, approved and adopted this 4th day of September2012.
Attest:
Kevin •. Firnstahl, CMC,` Clerk
Roy D. Buol, Mayor
n
( 1 ,-1-3 - 7209
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
720 Central Ave.
Dubuque, IA 52001
Phone Number: (563)589 -4434
Official Receipt: 2012- 00010997
Reprinted on 09/13/2012 at 10:19 :17 AM
By: 64 on DCRCO4
DUBUQUE CITY CLERK
CITY HALL
50 WEST 13TH STREET
DUBUQUE IA 52001
Date Recorded: 09/10/2012
Instrument ID Recorded Time Amount
2012 - 00015816 02:40 :42 PM $27.00
AFR - RESOLUTION
DUBUQUE CITY
TO :2013 DUBUQUE LLC
Accounts Amount
RECORD MANAGEMENT $1.00
TECH FEE $1.00
REAL ESTATE $25.00
NON- CONFORMING FEE $0.00
, ,`,5 � f31 4, ,A4kw Total Due: $27.00
Amount Charged: $27.00
-4'-( - Change Tendered: $0,00
HAVE A NICE DAY!
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