Spahn and Rose Lumber Co. Property Radford Road Right of Way Plat and Dedication Copyrig hted
February 15, 2021
City of Dubuque Consent Items # 15.
City Council Meeting
ITEM TITLE: Spahn and Rose Lumber Co. Property Radford Road Right of Way Plat
and Dedication
SUM MARY: City Manager recommending approval of the Acquisition Plat of Lot A of
Lot 2-1 of Wolff Place No. 2, in the City of Dubuque, lowa, and
acceptance of the dedication of said lot for street right of way and public
utilities purposes.
RESOLUTION Approving the Acquisition Plat of LotA of Lot 2-1 of
Wolff Place No. 2, in the City of Dubuque, lowa
SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
Spahn and Rose Radford Road Right of Way Plat and City Manager Memo
Dedication-MVM Memo
Staff inemo Staff Memo
Resolution Resolutions
Dedication Plat Supporting Documentation
Dubuque
THE CITY OF �
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Spahn and Rose Lumber Co. Property Radford Road Right of Way Plat
and Dedication
DATE: February 9, 2021
Spahn and Rose Lumber Co. owns a vacant property on Radford Road that is just south
of the Eleanor Roosevelt Middle School property. Spahn and Rose is planning to sell
the property to Horizon Development, who plans to develop the site for affordable
housing. The Spahn and Rose Co. property includes a portion of what was originally
platted as an easement for the Radford Road right of way.
Horizon Development and Spahn and Rose have agreed to have the right of way
dedicated in fee to the City prior to the sale. The City prefers to own right of way in fee
instead of by easement as it allows the City to have complete control over the right of
way area. In order to dedicate the right of way area to the City the right of way of
Radford Road needs to be platted.
Spahn and Rose Lumber Co. is dedicating the street right of way area at no cost. The
City will continue to own and maintain the public street and utility improvements as it
always has since annexing the area.
City Engineer Gus Psihoyos recommends City Council approval of the Acquisition Plat
of Lot A of Lot 2-1 of Wolff Place No. 2, in the City of Dubuque, lowa, and acceptance of
the dedication of said lot for street right of way and public utilities purposes.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Dubuque
THE CITY OF �
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TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: February 8, 2021
SUBJECT: Spahn and Rose Lumber Co. Property Radford Road Right of Way Plat
and Dedication
INTRODUCTION
This memo provides information regarding the platting and acceptance of right of way
property along Radford Road from Spahn and Rose Lumber Co.
BACKGROUND
Spahn and Rose Lumber Co. owns a vacant property on Radford Road that is just south
of the Eleanor Roosevelt Middle School property. Spahn and Rose is planning to sell
the property to Horizon Development who plans to develop the site for affordable
housing. The Spahn and Rose Co. property includes a portion of what was originally
platted as an easement for the Radford Road right of way. Granting a right of way
easement over the private property instead of fee dedication of the land is typical for
properties originally located in Dubuque County. When the property and road right of
way were annexed into the City in the 1980's the right of way came in as an easement.
DISCUSSION
Horizon Development and Spahn and Rose have agreed to have the right of way
dedicated in fee to the City prior to the sale. The City prefers to own right of way in fee
instead of by easement as it allows the City to have complete control over the right of
way area.
In order to dedicate the right of way area to the City the right of way of Radford Road
needs to be platted. The platting of this area has been coordinated with the owners of
the property and they have signed and consented to the plat. IIW, P.C. has prepared
an acquisition plat to provide the right of way area. The area being platted will be
dedicated to the public for Radford Road right of way purposes, included streets and
utilities.
BUDGETIMPACT
Spahn and Rose Lumber Co. is dedicating the street right of way area at no cost. The
City will continue to own and maintain the public street and utility improvements as it
always has since annexing the area.
RECOMMENDATION
I recommend that the City Council approve the Acquisition Plat Lot A of Lot 2-1 of Wolff
Place No. 2, in the City of Dubuque, lowa, converting the right of way easement to fee
right of way ownership.
ACTION TO BE TAKEN
I respectfully request approval of the Acquisition Plat of Lot A of Lot 2-1 of Wolff Place
No. 2, in the City of Dubuque, lowa, and acceptance of the dedication of said lot for
street Right of Way and public utilities purposes, through the adoption of the enclosed
resolution.
Prepared by: Nate Kieffer, PLS
2
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque IA 52001 (563) 589-4270
Return to: Adrienne N. Breitfelder, City Clerk, 50 W. 13th Street, Dubuque IA 52001 (563) 589-4100
RESOLUTION NO. 38-21
APPROVING THE ACQUISITION PLAT OF LOT A OF LOT 2-1 OF
WOLFF PLACE NO. 2, IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of
Dubuque, Iowa, an Acquisition Plat dated February 2, 2021 prepared by IIW, P.C.
describing Lot A of Lot 2-1 of Wolff Place No. 2, in the City of Dubuque, Iowa; and
Whereas, said plat conforms to the laws and statutes pertaining thereto;
and
Whereas, upon said plat appears Lot A of Lot 2-1, which Spahn and Rose
Lumber Co., by said plat have dedicated to the public forever; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the plat dated February 2, 2021 prepared by IIW P.C.,
relative to the real estate hereinabove described be and the same is hereby
approved, and the Mayor and City Clerk be and they are hereby authorized and
directed to execute said plat and on behalf of the City of Dubuque, Iowa.
Section 2. That the dedication of Lot A of Lot 2-1 of Wolff Place No. 2, in the
City of Dubuque, Iowa, for Right of Way (Radford Road) and public utilities
purposes, as it appears on said Acquisition Plat, be and the same is hereby
accepted.
Section 3. That the City Clerk be and is hereby authorized and directed to
file said plat and certified copy of this resolution in the office of the Recorder, in
and for Dubuque County, Iowa.
Passed, approved and adopted this 15th day of February 2021.
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Roy D. Buol, Mayor
Attest:
, ,,
Adrienne N. Breitfelder, City Clerk
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Sheet 2 of 4
Survevor's CertiBcate
I,Terry L Kcelker,a Duly Licensed Land Surveyor in the State of lowa,do hereby certify that the
following real estate was surveyed and platted by me or under my direct personal supervision,To Wit.
Pad of Lot 2-1 of Wolff Place No.2,In the Clty of Dubuque,lowa.
- Thls survey was pertormed for ihe purpose of subdividing and platting said real estate for street right of
� � way and public utilities purposes,henceforth to be known as Lot A of Lot 2•1 of Woiff Place No.2,in
the City of Dubuque,lowa.
Lot A o(Lot 2-1 of Wolff Place No.2 Is more particulady descnbe as follows:
Commencing at the southeast comer of Lot 2-1 of Wolff Place No.2,in the City of Dubuque, lowa,the
Point of Beglnning;
Thence North 86°42'43"West(thls is an assumed bearing for the purposes of this survey oniy),along
the south line of said Lot 2-1,a distance of 40.00 feet,to the westedy right of way(ROV�of Radtord
Road;
Thence Nodh 1° 19'57"East,along said westerly ROW of Radford Road,a distance ot 253.91 feet,to
the northeast comer of Lo[1-i ot Wolff Place No,2, in the City of�ubuque, loWa;
Thence Nodh 87°02'39"East,a distance of 40.11 feet,to the centerline of Radford Road ROW,also
. being the northeast corner of Said Lot 2-1 of Wolff Place No.2;
Thence South 1° 19'57"West,along said centerline of Radford Road ROW,also being the east line of
said Lot 2-1 of Wolff Place No.2,a distance of 302.68 feet,to the southeast comer of said Lot 2-1 of
Wo18 Place No.2,Point of Beglnning;
The total area of�ol A of Lot 2-1 is 12,048 SF. All Lot areas are more or iess,and all Lots are subject to
easements,reservatlons, restnctions,and rights-of-way of record and not of record,the plat of which Is
attached hereto and made a part of this cedificate.
I hereby certify that this land s�rveying document was prepared,and the related survey work was
performed,by me or under my direcl personal supervision and that I am a dUly licensed Land Surveyor
under the laws of the Stata of lowa. .
BY: `�✓'�xe�l4..-�4..---, �.-J2 �Zct2(
Terry L. oelker Date
Licensed Land Surveyor
License No. 15487 License Renewal Date: 1?J31121
� Sheet 3 of 4
owner's consent
�
Dubuque, lowa �v� �2021
The foregoing Acquisition Piah Lot A of LoJ 2-1 of Wolff PlaCe No.2,In the City of DubuqUe, lowa,Is .
made with the 6ee co�sant and in accorda�ce with the desires of the undersigned owners and pwprietors
of said real estate. We hereby dedicate Lot A of Lot 2-1 of Wolff Place No.2 to the pu6lic for street dght
of way and public utllities purposes, -
SPAHN 8 ROSE LUMBER CO.
d� ( �
State of lowa )
)
County of Dubuque ) ss;
On tbis�� day of-��,y��. �wr� frq 2021,before me,the undersigned,a Notary Publlc in and
for the State of lowa, personally appear�d J���O Gk �7'.�/�e'�,to me personally known,who,
being duty swom,did say that he is iJP.CF�� +Trfu�..� of Spahn&Rose Lumber Co.,and that
said i rum�nt was signed on behalf of said corporation by authorlty of its Board of Directors,and that -
said.,�C� � ,acknowledged the execution of said instrument to be the voluntary
act and deed o sald� f co�rporetlon by it volunCarily executed, .
Witness my hand and Notanal Seal on the date above written, �
�._aSlo 1 .C._.cJ�F—`-`"I
��ry Public in and for the Statg of loy�
My Commission Expires � /`9 'e���
,��a''�s LINDA A. DUCCINI
Y�'k'.Commission Numbet 70783� ��. , �
. hhfC i ' : E. xpfre� I.
�2�?1-
Sheet 4 of 4
Cilv of Dubuque Planninp Services
Dubuque, lowa ,2021
The foregoing Acquiskion Plah Lot A of Lot 2-1 of Wolff Place No.2,In the Clty of Dubuque,lowa,
was reviewed and approved by the City of Dubuque Planning Services on the date first wntten above.
Walty Wernimont,City Planner
City ot Dobuque,lowa �
Dubuque, lowa ,2021
The undersigned,Roy D.Buol, Mayor,aod Adnenne N.BreiHelder,Cierk,of the C(ty of Dubuque, lowa,
. do hereby certify that the foregoing Acquisition Plat:Lot A of Lot 2-1 of Wolff Place No.2,in the Ciry
oi Dubuque,lowa,and the dedlcatlon of Lot A ot Lot 2-1 ot Walff Place No.2 to Ne public for street
nght of way and public utilitles purposes,as appears hereto(ore has been filed on day of
,2021 as resoWdon# in the office of the Clty Clerk of Dubuque,
lowa,and that the Clry Council of the City of Du6uque, lowa,approves sald plat.
Mayor of the City of Dubuque, IA
Clerk of the City of Dubuque, IA
Citv Assessor's Certificate
- Dubuque,.lowa ,2021
� The foregoing Acquisitlon Plat:Lot A ot Lol 21 of Wolff Place No.2,in lhe City of Dubuque, lowa,
� � � was entered of record In the Offlce of the City Assessor of the City of Dubuque, lowa,on the date first
written above.
City Assessor of the City of Dubuque, lowa
CounH Auditor's Certificate
Dubuque, lowa ,2021
The foregoing Acqaisition Plat:Lot A of l.ot 2-1 of Wolff Place No.2,in the City of Dubuque, lowa,
was enlered of record in the offce of the Dubuque County Auditor
this_day of ,2021.
We approve of the subdlvision name or title to be recorded.
CouMy Auditor of Dubuque Counry, lowa
Recorder's Certiflcate
Dubuque, lowa ,2021
The foregoing Acqutsttion Plat Lot A of Lot 2d of Wolff Place No,2,lo the City of Duhuque, lowa,
has been reviewed by the Dubuque County Recorder.
Dubuque County Recorder