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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 X35°�, P� °\-\13‘4 2 .0 10 o o 11fi • �opZJ ,., O. C. I 1 1 LOT f o r N K �: \ oi L=147.62' 0 32.45' - 4&O7''1 R=64-00' - .1 -co /m132'09'09' I - _ CHOR0=N52.4E3,18** ' • LOT 6vx 117 oC T 8• • ► 5, • Ex t 20' WIDE s2 • / �. �- �� ` _ �: PUBLIC SANITARY -U- '- •- - - -. _, L L �'' - __ -'o, LOT 2 SE�AER EAS vT `'•• LL ,_ •- _ CA 6.37' PER DOC. 2014-139 I / L �, l , - E - L 40' tiMOE ko �ZLi-L�_ N1316'16'1 7/6 .04. 211.~4 �� L tL-;0 94 t,l,1-►- �__ ' .1_LtLL ► L-L-tC, - -1- ► __ -* -- - _ -~ u LL.L, I- _ = — 509.26' SE1 ppeL �D (10p Row) 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 L-363.40' R-1050.00' !tom 19'49' 47" CHORD—N89'08'30"E 361.59' EX LEGEND FARM 9OUNC ARY LCT UNE • PROPOSED EAS0.11ENT UNE • EASEMENT LINE DUSTING N79'O7 .,1111 111111 ,,. NDATH GRAPHIC SCALE D 80 1" = 80' 160 ,' •• tS WI MEDwS a argil C,C. NNW IWO 0611b 1111,1•111110 1.111 Mai Mrw.Mgr. ENO 71 A Neill. NW L.44AT b,C. �G-4►-'1 cMODS U,.G tir •!Ae DRAWN MAY HAVE 9EEh REDUCED tux i- -a NOT 4? 1 ,Ve 7wrvevumnisoo main