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Louise Lane Bridge Right of Way DedicationCopyrighted November 1, 2021 City of Dubuque Consent Items # 11. City Council Meeting ITEM TITLE: Louise Lane Bridge Right of Way Dedication SUMMARY: City Manager recommending approval of the dedication of Lot 2-1 of Evelyn Tharp Place in Mineral Lot 324, in the City of Dubuque, Iowa, as street right of way for Louise Lane. RESOLUTION Approving the dedication of Lot 2-1 of Evelyn Tharp Place in Mineral Lot 324 in the City of Dubuque, I owa as right of way for Louise Lane, in the City of Dubuque, Iowa SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type Louise Lane Bridge Right of Way Dedication-MVM City Manager Memo Memo Staff Memo Resolution Plat of Survey Area Map Staff Memo Resolutions Supporting Documentation Supporting Documentation THE CITY DUOF B TEE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Louise Lane Bridge Right of Way Dedication DATE: October 25, 2021 Dubuque All -America City IN 2007.2012.2013 2017*2019 In 2009 the City of Dubuque had reconstructed the Louise Lane Bridge near the intersection of Louise Lane, Monroe Avenue, and Peru Road. The project included relocating the bridge slightly and increasing the size and capacity of the structure. Prior to the project construction, the City acquired the property necessary to accommodate the new location and size of the bridge. City Engineer Gus Psihoyos recommends City Council approval of the dedication of Lot 2-1 of Evelyn Tharp Place in Mineral Lot 324, in the City of Dubuque, Iowa, as street right of way for Louise Lane. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:jh Attachment CC' Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF DUB E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Louise Lane Bridge Right of Way Dedication DATE: October 22, 2021 INTRODUCTION Dubuque All•Ameriea City �1%K II. 2007-2012-2013 2017*2019 This memo provides information regarding the dedication of right of way associated with the 2009 Louise Lane Bridge project. BACKGROUND In 2009 the City of Dubuque had reconstructed the Louise Lane Bridge near the intersection of Louise Lane, Monroe Avenue, and Peru Road. The project included relocating the bridge slightly and increasing the size and capacity of the structure to a triple 10'x5' box culvert bridge. Prior to the project construction, the City acquired the property necessary to accommodate the new location and size of the bridge. The property (legally described as Lot 2-1 of Evelyn Tharp Place in Mineral Lot 324, in the City of Dubuque, Iowa and as shown on plat attached) was acquired by quit claim deed from James R. Foht. DISCUSSION The property for the proposed bridge and Louise Lane Street paving was acquired by the City but was never formally dedicated or converted to street right of way. Dedicating the property for street right of way allows the City and private utilities, as authorized by the City, to install infrastructure (streets and utilities) in the right of way under the rules and guidelines for City rights of way. The conversion of the property to right of way also allows the City to enforce on issues related to streets and right of way. RECOMMENDATION I recommend that the City Council approve the dedication of Lot 2-1 of Evelyn Tharp Place in Mineral Lot 324, in the City of Dubuque, Iowa, as street right of way for Louise Lane. ACTION TO BE TAKEN I respectfully request approval of the dedication of Lot 2-1 of Evelyn Tharp Place in Mineral Lot 324, in the City of Dubuque, Iowa, as street right of way for Louise Lane through the adoption of the enclosed resolution. Prepared by: Nate Kieffer, PLS cc: Bob Schiesl, Assistant City Engineer Doc ID: 010854730002 Type: GEN Kind: RESOLUTION Recorded: 11/03/2021 at 12:47:47 PM Fee Amt: $12.00 Page 1 of 2 Dubuque County Iowa John Murphy Recorder File2021-00018230 Prepared by Nate Kieffer, City of Dubuque Engineering, 50 W. 13th St. Dubuque, IA 52001 (563)589-4270 Return to Adrienne N. Breitfelder City Clerk City of Dubuque, 50 W. 13th St. Dubuque, IA 52001 (563)5894100 RESOLUTION NO. 373-21 RESOLUTION APPROVING THE DEDICATION OF LOT 2-1 OF EVELYN THARP PLACE IN MINERAL LOT 324 IN THE CITY OF DUBUQUE, IOWA AS RIGHT OF WAY FOR LOUISE LANE, IN THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque is the owner of Lot 2-1 of Evelyn Tharp Place in Mineral Lot 324, in the City of Dubuque, Iowa per the Quit Claim Deed recorded in the Dubuque County Recorder's Office as Instrument Number 2009-00002817, and as shown on the Plat of Survey of Lot 1-1 and Lot 2-1 of Evelyn Tharp Place in Mineral Lot 324, in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statues pertaining thereto; and Whereas, the City of Dubuque intends to dedicate said Lot 2-1 to the public forever for Right of Way purposes, including streets and utilities, to be included as part of the Louise Lane Street Right of Way. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Lot 2-1 of Evelyn Tharp Place in Mineral Lot 324, in the City of Dubuque, Iowa, for Right of Way purposes, including streets and utilities, as part of the Louise Lane Street Right of Way be and the same is hereby accepted and approved. Section 2. That the City Clerk be and is hereby authorized and directed to file a certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 1Stday of November2021. dl x"",/ Attest: Roy D. Ffiol, Mayor Adrienne N. Breitfelder, City Clerk n 00 City Erlaineering\l� CERTIFICATE of the CITY CLERK STATE OF IOWA SS: COUNTY OF DUBUQUE ) I, Adrienne N. Breitfelder, City Clerk, 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. 373-21 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 2"d day of November, 2021. a��� x, 1"f' �4— J4 , " Adrienne N. Breitfelder, City Clerk -%k 'n Doc ID: 006325450004 Type: GEN Recorded: 02/10/2009 at 02:16:23 PM Fee Amt: $22.00 Pape 1 of 4 Dubuque County Iowa Kathy Flynn Thurlow Recorder FS1e2009-00002230 area oy: man iurner ou west i,atn at. uuouque, iA ozuui rn:oaroaa-�+�iv PLAT OF SURVEY LOT 1-1 AND LOT 2-1 OF "EVELYN MINERAL LOT 324 IN THE CITY OF 1 FOUND ROD OR LOT 3, "EVELYN PIPE IN TREE THARP PLACE" I 11.05 05 LOT 2, "EVELYN Z THARP PLACE" 0 11 N S`S9 0 I zr�0, �II 6F 1 )� LOT 76 I 1� oil v jS' 4 MAPLE . LEAF ADDITION 1 10 LOT 1-1 0 C, oil cn II Z a 10,085 SQ. FT. / C h n\ 8.69'— RIDGEWAY 0 Mj :9 (6.92') AVENUE,, cfl 1 rn �C N, ( VAC.) WEST po 1003 50' x 50' LINE OF L OF L 1 DQ2 TEMPORARY � 4a' THARP PLACE" IN DUBUQUE, IOWA NE'LY COR LOT 2 � O i P&9.04' 0NE'LY P VOF LINE 4,-SQUARE 06 ONSTRUCTION EASEMENT O Z o s79 5p.49„E 3 S)2 �O /Do LOT 75 Z C N y �pp•2F` ^p �� i C3 MAPLE LEAF I ADDITION 1 No. 2 m .. 1007 �J N - 4! 1 I 0 o '4� LOT 5,630 2-1 „b SQ. FT. , `J. 0 / 05 NORTH 1001 GRAPHIC SCALE z\S� S9J 0 40 80 � 'ySp / , 1 A� �6 • 1000 1 "=40' I 1 I DRAWING MAY HAVE BEEN REDUCED / WEST LINE LOT 1 LOT 2-1 DETAIL NO SCALE, 1 LOT 4, EVELYN LEGEND V THARP PLACE' LOT 20 MAPLE I (ROW) PLAT BOUNDARY \LEAF ADDITION No. 2 / ■ FOUND 3/4" IRON ROD \ FOUND 1" PIPE UNLESS NOTED I ® SET 5/8" REBAR WITH YELLOW J PLASTIC CAP AS SHOWN ABOVE DESCRIPTION: LOT 1 OF "EVELYN THARP PLACE" IN 0 SET 5/8" REBAR WITH ORANGE MINERAL LOT 324 IN THE CITY OF DUBUQUE, IOWA PLASTIC CAP NO. 9651 PROPRIETOR: JAMES R. FOHT SURVEYED FOR: CITY OF DUBUQUE DATE PREPARED: DECEMBER 2, 2008 ROW RIGHT-OF-WAY ( ) RECORD INFORMATION TOTAL AREA SURVEYED: 15,715 SQ. FT. NOTE THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS -OF -WAY OF RECORD AND NOT OF RECORD. DRAWN BY: A. CRAM, IIW ENGINEERS & SURVEYORS, P.C. CHECKED BY: R. TURNER, CITY OF DUBUQUE SHEET 1 OF 2 CITY UkZ 2200 SURVEYOR'S CERTIFICATE I, Ronald J. Turner, licensed land surveyor in the State of Iowa, do hereby certify that the following tract of real estate was surveyed and platted by me or under my direct supervision, to wit: Lot 1 of Evelyn Tharp Place in Mineral Lot 324 in the City of Dubuque, Dubuque County, Iowa The above described parcel was surveyed and subdivided for right-of-way purposes for improvements to Louise Lane and Monroe Avenue; henceforth to be known as Lot 1 of 1 and Lot 2 of 1 of Evelyn Tharp Place in Mineral Lot 324 in the City of Dubuque, Dubuque County, Iowa; the plat of which is attached hereto and made a part of this certificate; contains 15,715 square feet, more or less, and is subject to easements of record and not of record. All monuments were placed or shall be placed within one year from the date this plat is recorded. Page 2 of 2 OWNER'S CONSENT The foregoing plat of survey of Lot 1-1 and Lot 2-1 of Evelyn Tharp Place in Mineral Lot 324, in the City of Dubuque, Dubuque County, Iowa is made with free consent and in accordance with the desire of the undersigned owners and proprietors of said real estate. By: James R. Foht CITY OF DUBUQUE STATE OF IOWA ) COUNTY OF DUBUQUE ) ss On this 4A� day of , 2009, before me, the undersigned, a Notary Public in and for said State, pers6nally appeared James R. Foht, a single person, to me personally known, who being by mp duly swor , did say that they acknowledge the execution of said instrument a their v n# ry act and deed. If rdii�E , Notary bf In and For Said State omm &*P t��m e 1 81 r r fir a -7— Z01 Z PLANNING SERVICES Dubuque, Iowa The foregoing Plat of Survey of Lot 1-1 and Mineral Lot 324 in the City of Dubuque, low, Planner, or designee, of the City of Dubuque the City of Dubuque Code of Ordinances, and herein on the date first written above. 2009 _ot 2-1 of Evelyn Tharp Place in , has been reviewed by the City n accordance with Chapter 42 of said approval has been endorsed Laura Carstens Planning Services Department City of Dubuque, Iowa CITY ASSESSOR Dubuque, Iowa C7 - /U , 2009 The foregoing Plat of Survey of Lot 1-1 and Lot 2-1 of Evelyn Tharp Place in Mineral Lot 324 in the City of Dubuque, Iowa, Dubuque County Iowa, was entered of record in the office of the Dubuque City Assessor this /o 7 day of , 2009. Rick Engelken Dubuque City Assessor COUNTY AUDITOR Dubuque, Iowa �? -- I �j , 2009 The foregoing Plat of Survey of Lot 1-1 and Lot 2-1 of Evelyn Tharp Place in Mineral Lot 324 in the City of Dubuque, Iowa, Dubuque County Iowa, was entered of record in the office of the Dubuque County Auditor this f R lit day of , 20 '#• . d: Denise M. Dolan `9 J County Auditor of Dubuque County, Iowa p Ea t i YYY `p Y Special Achievement in GIS Insert Title rI-Ia -- 2018 Award Winner DUuB E Masterpiece on the Mississippi Insert Subtitle DISCLAIMER: This infOrmabcm Was compiled sing the Dubuque Area Geographic Information System (DAGIS), Which mdudes data created by both the City of Map Prepared by: Dubuque and Dubuque County. It is understood that, While Cityof Dubuque the City of Dubuque and participating agencies utllized the q Ilimost current and a«uate information available, DAGIS and 1 inch = 50 feet Engineering Division : supphers do not Warrant the accuracy or currency of the W E 50 West 13th Street Information or data contained herein. The City and participating agencies shall not be held liable for any direct, Indirect, Incidental, Dubuque, Iowa 52001 consequential, punitive, or special damages, whether foreseeable or unforeseeable, arising out of the authorized or unauthorized use of 50 25 0 50 Feet Phone: (563) 589-4270 this data or the Inability to use this data or out of any breach of warranty whatsoever. Fax: (563) 589-4205