Roasting Solutions, LLC - Accepting Grant of Temporary Easement Copyright 2014
City of Dubuque Consent Items # 6.
ITEM TITLE: Roasting Solutions, LLC -Accepting Grant of Temporary
Easements
SUMMARY: City Manager recommending acceptance of a Grant of
Temporary Easements for Sanitary Sewer Utility
Construction under and across the site that Roasting
Solutions, LLC purchased in Dubuque Industrial Center
South.
RESOLUTION Accepting a Grant of Temporary
Easements for Sanitary Sewer Utility Construction through,
under and across part of Lot 1 of Dubuque Industrial
Center South Second Addition in the City of Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Roasting Solutions, LLC-MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Accepting Grant of Temporary Easements Resolutions
Grant of Temporary Easements Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Roasting Solutions, LLC
DATE: January 26, 2016
City Attorney Barry Lindahl recommends City Council acceptance of a Grant of
Temporary Easements for Sanitary Sewer Utility Construction under and across the site
that Roasting Solutions, LLC purchased in Dubuque Industrial Center South.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
THE CITY OF
DUB-�6 E MEMORANDUM
Masterpiece on the Mississippi
BARRY LINDAHL
CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DATE: January 26, 2016
RE: Roasting Solutions, LLC
On January 14, 2016, the City entered into a Development Agreement with Roasting
Solutions, LLC for the acquisition of 12.03 acres to construct a new manufacturing
facility in Dubuque Industrial Center South on Seippel Road.
As a condition of the Development Agreement, Roasting Solutions, LLC agreed to grant
temporary easements for sanitary sewer utility construction through, under and across
the site that Roasting Solutions, LLC purchased.
Attached is a resolution accepting the Grant of Temporary Easements for Sanitary
Sewer Utility Construction.
I recommend that the resolution be submitted to the City Council for consideration and
approval.
BAL:tIs
Attachment
cc: Gus Psihoyos, City Engineer
Nate Kieffer, Surveyor
F:\USERS\tsteckle\Lindahl\Roasting Solutions,LLC\Closing Docs\MVM_ResolutionAcceptingTemporarySanitarySewerEasement_012616.doc
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563)583-4113/FAX (563)583-1040/EMAIL balesq@cityofdubuque.org
RESOLUTION NO. 25-16
ACCEPTING A GRANT OF TEMPORARY EASEMENTS FOR SANITARY
SEWER UTILITY CONSTRUCTION THROUGH, UNDER AND ACROSS PART
OF LOT 1 OF DUBUQUE INDUSTRIAL CENTER SOUTH SECOND ADDITION
IN THE CITY OF DUBUQUE, IOWA
Whereas, Roasting Solutions, LLC and the City of Dubuque, Iowa entered
into a Development Agreement dated for reference purposes the 14th day of
January, 2016; and
Whereas, Roasting Solutions, LLC has executed a Temporary Easement
for Sanitary Sewer Utility Construction, a copy of which is attached hereto,
through, under and across the following described real estate situated in
Dubuque, Iowa, to wit:
Lot 1 of Dubuque Industrial Center South Second Addition in the
City of Dubuque, 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 Temporary Easements for
Sanitary Sewer Utility Construction 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 1st day of February, 2016.
Attest:
Ke "n S: Firnstahl, C.Mt, City Clerk
0 Li
Roy D. Buol, Mayor
F:\USERS\tsteckle\Lindahl\Roasting Solutions, LLC\Closing Docs\ResolutionAcceptingTemporarySanitarySewerEasement_012616.doc
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563)589-4270
GRANT OF TEMPORARY EASEMENTS FOR SANITARY SEWER UTILITY
CONSTRUCTION
For and in consideration of the sum of TEN ($10.00) and other good and valuable
consideration, the receipt whereof is hereby acknowledged,
Roasting Solutions, LLC
10529 Highway 52 North
Dubuque, IA 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, from the date hereof, a temporary easement through, under and
across the following described real estate situated in Dubuque, Iowa, to wit:
Lot 1 of Dubuque Industrial Center South Second Addition in the City of Dubuque,
Iowa as shown on Exhibit A attached hereto and by reference made a part hereof.
Said temporary easement shall be as shown on the attached Exhibit A for the purpose of
constructing sanitary sewer and other appurtenances in accordance with the Plans and
Specifications currently on file in the office of the City Engineer. Said easement shall also
include the right to cut, trim or remove trees, bushes and roots as may be required incident
to rights given herein.
Said easement shall be null and void upon completion and acceptance of the construction
project by the City Council.
It is understood and agreed that the grantee herein shall restore the disturbed area due
to the construction.
To have and to hold unto the said City of Dubuque, Iowa, for the duration of the project,
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 during construction have free access to and egress from
and over said real estate to construct said sanitary sewer thereon or therein.
Dated at Dubuque, Iowa this flA day of J/?r't-Dik , 20.
By:
ROASTING SOLUTIONS, LLC
Michael Gan Member
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this " day of , A.D., 20 !(before me, the undersigned,
ary
Public in and for said County, in said State, personally appeared Michael Gantz toto me
known to be the identical person(s) named in and who executed the within and foregoing
instrument, to which this is attached, and acknowledged th. R they executed the same as
their voluntary act and deed.
BARRY A. LINDAHL
Commission Numb r 1 7515
My Comm. Exp I,.. Zut.
otary Public In and For Said State
EXHIBIT "A"
30 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT ACROSS PART OF LOT 1 IN
DUBUQUE INDUSTRIAL CENTER SOUTH SECOND ADDITION IN THE CITY OF DUBUQUE, IOWA
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THIS SL'R vEY Is su B.ECT To EASEMENTS,
RESER'iAT10VS, RESTRICTIONS AND
RIGHTS-OF—WA/ ry RECORD AND NOT OF RECORD
PROPRIETOR ROASTING SC1UT1OhS, LLC
PREPARED FOR: CITY OF Dl, 1 .OJE
DATE PREPARED: JANUARY 26, 2016
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