Approval of Plat of Survey (ROW Vacation) of Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., for Vacation PetitionCity of Dubuque
City Council Meeting
Consent Items # 015.
Copyrighted
February 20, 2023
ITEM TITLE: Approval of Plat of Survey (ROW Vacation) of Lot 2-2-1-2-1-2-2-2-2-2-B
of the Northeast Quarter of the Northeast Quarter of Section 28, T89N,
R2E of the 5th P.M., in the City of Dubuque, Iowa for Vacation Petition
(to Hills and Dales Childhood Development Center) as part of the
Stoneman Road Reconstruction Project
SUMMARY: City Manager recommending City Council adopt a resolution approving
the Plat of Survey of Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter
of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the
City of Dubuque, Iowa regarding the vacation of a portion of the
Stoneman Road Right of Way at the west end of Stoneman Road
adjacent to the Hills and Dales Childhood Development Center property
as part of the Stoneman Road Reconstruction Project.
RESOLUTION Approving Plat of Proposed Vacated Portion of
Stoneman Road, in the City of Dubuque, Iowa, to be known as Lot 2-2-1-
2-1-2-2-2-2-2-B of the Northeast Quarter of the Northeast Quarter of
Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description
Type
MVM Memo
City Manager Memo
Staff Memo
Staff Memo
Resolution
Resolutions
Vacate Plat Supporting Documentation
Agreement Supporting Documentation
THE CITY OF
Dubuque
DUB TEE1.
All -America City
Masterpiece on the Mississippi
� pp
zoo�•*o 13
zoi720zoi9
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Approval of Plat of Survey (ROW Vacation) of Lot 2-2-1-2-1-2-2-2-2-2-B of
the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E
of the 5th P.M., in the City of Dubuque, Iowa
For Vacation Petition (to Hills and Dales Childhood Development Center)
as part of the Stoneman Road Reconstruction Project
DATE: February 14, 2023
City Engineer Gus Psihoyos is recommending City Council adopt a resolution approving
the Plat of Survey of Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter of the Northeast
Quarter of Section 28, T89N, R2E of the 5t" P.M., in the City of Dubuque, Iowa
regarding the vacation of a portion of the Stoneman Road Right of Way at the west end
of Stoneman Road adjacent to the Hills and Dales Childhood Development Center
property as part of the Stoneman Road Reconstruction Project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:sv
Attachment
CC' Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Nate Kieffer, Land Surveyor
THE CITYF
DUijB- EE
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
Dubuque
AII•Ameriea City
1x_II.
2007-2012-2013
2017*2019
SUBJECT: Approval of Plat of Survey (ROW Vacation) of Lot 2-2-1-2-1-2-2-2-2-2-B of
the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E
of the 5t" P.M., in the City of Dubuque, Iowa
For Vacation Petition (to Hills and Dales Childhood Development Center)
as part of the Stoneman Road Reconstruction Project
DATE: February 8, 2023
INTRODUCTION
This memo provides information regarding the vacation of a portion of the Stoneman
Road Right of Way at the west end of Stoneman Road adjacent to the Hills and Dales
Childhood Development Center property as part of the Stoneman Road Reconstruction
Project.
BACKGROUND
Per Resolution No. 170-22, the City approved an agreement with Hills and Dales for the
construction of a public roadway cul-de-sac on the Hills and Dales property as part of
the Stoneman Road Reconstruction Project. The executed agreement between the City
and Hills and Dales required the City to design and construct a relocated cul-de-sac.
The City will be responsible for all surveying, platting, surveying, and conveyance
documents related to the street vacation, street right of way dedication, and associated
easements. The City will vacate the former cul-de-sac area for use by Hills and Dales
as a parking lot. Hills and Dales will dedicate the land needed for the newly located cul-
de-sac. The City will retain, and Hills and Dales will dedicate, certain easements
associated with the reconstruction project as shown on the attached agreement
document. Hills and Dales will take over ownership and maintenance of the existing
water main utility located in the vacated street/cul-de-sac area.
DISCUSSION
This past fall the Stoneman Road Reconstruction Project was completed including the
new cul-de-sac on the Hills and Dales property. Last month, the new cul-de-sac right of
way was platted and Hills and Dales have dedicated the property to the City of
Dubuque. The next steps per the agreement are for the City to vacate the former cul-
de-sac area and then to deed the property to Hills and Dales for their use as a parking
lot.
The right of way area to be vacated needs to be platted. The City of Dubuque
Engineering Department has prepared the attached vacation plat. The attached plat
shows the right of way area proposed to be vacated. The right of way area to be
vacated is described as of Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter of the
Northeast Quarter of Section 28, T89N, R2E of the 5t" P.M., in the City of Dubuque,
Iowa. The City of Dubuque will reserve a public utility easement over the hatched area
on the face of the plat.
RECOMMENDATION
I am recommending that the plat of survey (vacation plat) be approved.
ACTION TO BE TAKEN
I respectfully request that the Plat of Survey of Lot 2-2-1-2-1-2-2-2-2-2-B of the
Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 51" P.M., in
the City of Dubuque, Iowa, be approved through adoption of the enclosed resolution.
Prepared by Nate Kieffer, PE/PLS
cc: John Klosterman, Public Works Director
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 1311 Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13" Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 46-23
RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF
STONEMAN ROAD, IN THE CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 2-
2-1-2-1-2-2-2-2-2-B OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 28, T89N, R2E OF THE 5T" P.M., IN THE CITY OF DUBUQUE,
IOWA
Whereas, there has been presented to the City Council of the City of Dubuque,
Iowa, a plat dated February 9, 2023 prepared by the City of Dubuque Engineering
Department, showing the proposed vacated portion of Stoneman Road, in the City of
Dubuque, Iowa and assigned a lot number thereto, to be known as Lot 2-2-1-2-1-2-2-2-
2-2-B of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the
5th P.M., in the City of Dubuque, Iowa; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the plat dated February 9, 2023, prepared by the City of
Dubuque Engineering Department, 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 for and on behalf of the City of Dubuque,
Iowa.
Section 2. The City of Dubuque reserves a public utility easement over the
entirety of the hatched area of said Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter of
the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque,
Iowa, as shown and denoted on the face of the plat.
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 20th day of February, 2023.
9j .
Attest:
Adrienne N. Breiffelder, City Clerk
INDEX LEGEND:
Reserved for Recorder
LOCATION: LOT 2-2-1-2-1-2-2-2-2-2 OF THE NE 1 / 4
OF THE NE 1 / 4 OF SECTION 28, T89N, R2E OF 5TH P.M.
CITY OF DUBUQUE, IOWA
REQUESTOR: CITY OF DUBUQUE
PROPRIETOR: CITY OF DUBUQUE
SURVEYOR: RUSSELL N. KIEFFER
SURVEYOR COMPANY: CITY OF DUBUQUE
RETURN TO: RUSSELL N. KIEFFER, CITY OF DUBUQUE
50 WEST 13TH ST., DUBUQUE, IOWA 52001
LOT 1 ROGER F. & KATHLEEN A. KLAUER FAMILY
PLACE PER INST. # 2021-18931
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Doc ID: 011069770008 Type: GEN
Kind: SURVEY PLAT
Recorded: 02/23/2023 at 01:12:50 PM
Fee Amt: $42.00 Paqe 1 of 8
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SURVEYOR'S CERTIFICATE
I, Russell N. Kieffer, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that the following real
estate was survey and platted by me or under my direct personal supervision, To Wit;
Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the
5th P.M., in the City of Dubuque, Iowa, in the City of Dubuque, Iowa, being a R.O.W. vacation of a portion of
Stoneman Road, in the City of Dubuque, Iowa, more particularly described as follows:
Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the
5th P.M., in the City of Dubuque, Iowa
Commencing at the Southeasterly corner of Lot 2-2-1-2-1-2-2-2-2-2 of the Northeast Quarter of the Northeast
Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa;
Thence South 89 Degrees 09 Minutes 52 Seconds West a distance of 137.99 feet to the Point of Beginning;
Thence Southeasterly along a circular curve concave to the Northeast having a radius of 51.00 feet, a chord of
57.46 feet which bears South 43 Degrees 46 Minutes 14 Seconds East, an arc length of 61.04 feet to a point on
the South Right of Way line of Stoneman Road;
Thence South 88 Degrees 15 Minutes 33 Seconds West along said south Right of Way line of Stoneman Road a
distance of 102.74 feet;
Thence Northeasterly along the Right of Way line of Stoneman Road, being a circular curve concave to the
Southeast having a radius of 50.00 feet, a chord of 65.51 feet which bears North 47 Degrees 19 Minutes 58
Seconds East, an arc length of 242.73 feet to a point on the North Right of Way line of Stoneman Road;
Thence North 89 Degrees 09 Minutes 52 Seconds East along the North Right of Way line of Stoneman Road a
distance of 14.78 feet to the Point of Beginning, containing 9,475 square feet (0.218 acres), more or less, and is
subject to easements, reservations, restrictions and rights of way of record and not of record.
The above -described parcel shall hereinafter be known as Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter
of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa.
The above -described lot(s) were surveyed and platted for right-of-way purposes, the plat of which is attached
hereto and made a part of this certificate. All monuments were placed or shall be placed within one year from the
date this plat is recorded.
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 Professional Land Surveyor under the
laws of the State of Iowa.
RUSSET L N.
KIEFFER ' 0
18128
•'+tea
��OWA
-z4m —4" . ! C_� Date 01-' 0 T" ZO �i.3
Russell N. Kieffer, P.L.S. No. 18128
My license renewal date is Dec. 31, 2024
Pages on sheets covered by this seal: this sheet only
Irk
OWNER'S CONSENT
Dubuque, Iowa
Fe rUC\r , 2023
The foregoing Plat of Survey (R.O.W. Vacation) of: Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter of
the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa, is made
with the free consent and in accordance with the desires of the undersigned owners and proprietors of said
real estate. The City of Dubuque hereby reserves a public utility easement over the hatched area shown on
the face of the attached plat.
City of Dubuque
By:
Brad M. Cavanagh, Mayor
UNIVERSAL NOTARY CERTIFICATE
STATE OF 1 W 3 )
COUNTY OF
On this a I day of i\j2023, before me,
the undersigned, a Notary Publicin aftd for said State,
personally appeared WOA a q�A , to me
personally known, OR proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s) acted, xecuted th i t ment.
(Notary Seal)
--(Sign in blue ink)
TUBDEE LYNN BLUE lzcke L-Blus
''• '_ i:OMMI lon NYe + nt/type name)
My Comm. ary Public in and for State of Iowa
K
Adrienne N. Breitfelder, Clerk
CAPACITY CLAIMED BY SIGNER
_INDIVIDUAL
X_CORPORATE O11 FFICER(S))
mcwor Qnd C;TV LIZ- K - (Title)
(CORP SEAL)
_AFFIXED
NO SEAL PROCURED
PARTNER(S) _LIMITED _GENERAL
ATTORNEY -IN -FACT
TRUSTEE(S)
_GUARD IAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING
(.jy dui DubU� U2
PLANNING SERVICES
Dubuque, Iowa ���, , 2023
The foregoing Plat of Survey (R.O.W. Vacation) of Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter of
the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa, or within
the two-mile jurisdiction of the City of Dubuque, Iowa, as defined under Section 354 of the Code of Iowa, has
been reviewed by the City Planner, (or designee) of the City of Dubuque in accordaggA with Ch 42 of
the City of Dubuque Code of Ordinances, and said approval has been endors in o e e first
written above. A
Dubuque, Iowa
Knimonr manager
Planning Services
of Dubuque, Iowa
CITY OF DUBUQUE, IOWA
Fe kruary 2023
The undersigned, Brad M. Cavanagh, Mayor, and Adrienne N. Breitfelder, Clerk of the City of Dubuque,
Iowa, do hereby certify that the foregoing Plat of Survey (R.O.W. Vacation) of Lot 2-2-1-2-1-2-2-2-2-2-B of
the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of
Dubuque, Iowa, as appears heretofore has been filed on 30'1" day of
oHr car , 2023 as Resolution # 4 6 - a3 in the office of the City
Clerk of Dub que, Iowa and that the City Council of the City of Dubuque, Iowa ap ro id plat.
Mayor of t �ojf Dubuque, IA
��
Clerk of the City of Dubuque, IA
COUNTY AUDITOR
Dubuque, Iowa
23 , 20`Ir
The foregoing Plat of Survey (R.O.W. Vacation) of Lot 2-2-1-2-1-2-2-2-2-2-B of he
the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the Cii�d1
entered of record in the office of the Dubuque County Auditor this 2'3 of
approve the subdivision name or title shown hereon to be recorded.
4
e,.io .a
26 3.
CITY ASSESSOR
Dubuque, Iowa
f Z , 2023
The foregoing Plat of Survey (R.O.W. Vacation) of Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter
of the Northeast Quarter of Section 28, T89N, R2E of the 51h P.M., in the City of Dubuque, Iowa
was entered of record in the office of the Dubuque County Assessor this 21 of G-
2023. ,
Dubuque, Iowa
Troy Patzner
Dubuque City Assessor
RECORDER'S CERTIFICATE
Gb. 23rd , 2023
The foregoing Plat of Survey (R.O.W. Vacation) of Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter of
the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa has been
reviewed by the Dubuque County Recorder.
bkl kA-IJAL
jul I, Immopt
Recorder of Dubuque County
a: Vu
5
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 1 Yh Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13'" Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO.46-23
RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF
STONEMAN ROAD, IN THE CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 2-
2-1-2-1-2-2-2-2-2-B OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 28, T89N, R2E OF THE 5T" P.M., IN THE CITY OF DUBUQUE,
IOWA
Whereas, there has been presented to the City Council of the City of Dubuque,
Iowa, a plat dated February 9, 2023 prepared by the City of Dubuque Engineering
Department, showing the proposed vacated portion of Stoneman Road, in the City of
Dubuque, Iowa and assigned a lot number thereto, to be known as Lot 2-2-1-2-1-2-2-2-
2-2-B of the Northeast Quarter of the Northeast Quarter of Section 28, T89N, R2E of the
5th p.M., in the City of Dubuque, Iowa; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the plat dated February 9, 2023, prepared by the City of
Dubuque Engineering Department, 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 for and on behalf of the City of Dubuque,
Iowa.
Section 2. The City of Dubuque reserves a public utility easement over the
entirety of the hatched area of said Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter of
the Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque,
Iowa, as shown and denoted on the face of the plat.
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 20th day of February, 2023.
Attest:
'�7-AZA4
Adrienne N. Breitfelder, City Clerk
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. 46-23 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 21 st day of February, 2023.
Adrienne N. Breitfelder, City Clerk
City of Dubuque
City Council Meeting
Consent Items # 010.
Copyrighted
May 2, 2022
ITEM TITLE: Stoneman Road Reconstruction Project -Agreement with Hills and
Dales Child Development Center, Inc.
SUMMARY: City Manager recommending City Council approval of an Agreement with
developer Hills and Dales Child Development Center, Inc. (Hills and
Dales) for the construction of public utility and roadway improvements at
the west end of Stoneman Road through adoption of a resolution.
RESOLUTION Approving an Agreement for Utility and Road
Improvements on Stoneman Road between the City of Dubuque, Iowa
and Hills and Dales Child Development Center, Inc.
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
Stoneman Road Reconstruction Project - Agreement
with Hills and Dales Child Development Center, Inc. - City Manager Memo
MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Agreement Supporting Documentation
THE CITY OF
Dubuque
D U B TEE
All-Nnerica City
Masterpiece on the Mississippi
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Stoneman Road Reconstruction Project— Agreement with Hills and Dales
Child Development Center, Inc.
DATE: April 28, 2022
City Engineer Gus Psihoyos is recommending City Council approval of an Agreement
with developer Hills and Dales Child Development Center, Inc. (Hills and Dales) for the
construction of public utility and roadway improvements at the west end of Stoneman
Road through adoption of a resolution.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
THE C"
Dubuque
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AII•AmeMeaClgrD ,
Masterpiece on the Mississippi
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TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Stoneman Road Reconstruction Project— Agreement with Hills and Dales
Child Development Center, Inc.
DATE: April 21, 2022
INTRODUCTION
This memo provides information regarding the approval of an Agreement with developer
Hills and Dales Child Development Center, Inc. (Hills and Dales) for the construction of
public utility and roadway improvements at the west end of Stoneman Road.
BACKGROUND
Stoneman Road currently serves Hills and Dales Child Development, the Kennedy Mall,
a dentist office complex, Tandem Tire, and the future Green State Credit Union facility.
The street has a cul-de-sac that was platted at the end of the street, but the cul-de-sac
was never constructed. Public Works have had issues with plowing the street and they
currently turn around in the Hills and Dales parking lot. Since there is no cul-de-sac, it
is difficult for Public Works to plow the street.
DISCUSSION
The preliminary plans for the upcoming Stoneman Road Reconstruction Project
originally included construction of a cul-de-sac in its originally platted location just to the
east of the existing Hills and Dales building. Because Hills and Dales are the only
property owner at the westerly terminus of Stoneman Road, staff had proposed the
relocation of the cul-de-sac nearer to the east lot line of the property. Moving the cul-
de-sac east decreases the amount of roadway the City needs to own and maintain and
allows Hills and Dales space for needed parking, and also reduces the overall cost of
the project to the City and assessments to the property owners.
The Agreement between the City and Hills and Dales requires the City to design and
construct the relocated cul-de-sac as part of the upcoming reconstruction project. The
City will be responsible for all surveying, platting, surveying, and conveyance
documents related to the street vacation, street right of way dedication, and associated
easements. The City will vacate the former cul-de-sac area for use by Hills and Dales
as a parking lot. Hills and Dales will dedicate the land needed for the newly located cul-
de-sac. The City will retain and Hills and Dales will dedicate certain easements
associated with the reconstruction project as shown on the attached agreement
document. Hills and Dales will take over ownership and maintenance of the existing
water main utility located in the vacated street/cul-de-sac area.
The parties have agreed the land transfers and utility easements as part of the project
are substantially equivalent in value. Hills and Dales has executed the attached
agreement.
RECOMMENDATION
I recommend that the City Council approve the Agreement with Hills and Dales for
construction of public utility and roadway improvements at the west end of Stoneman
Road including the relocation of the existing cul-de-sac.
ACTION TO BE TAKEN
I respectfully request approval of the Agreement with Hills and Dales for construction of
public utility and roadway improvements at the west end of Stoneman Road through the
adoption of the enclosed resolution.
Prepared by: Nate Kieffer, PE/PLS
cc: Bob Schiesl, Assistant City Engineer
Jon Dienst, Civil Engineer II
Prepared by Nate Kieffer City of Dubuque Engineering 50 w 13'h St Dubuque Iowa 52001 (563)589-4270
Return to Adrienne N. Breitfelder City of Dubuque City Clerk 50 w 1311 St Dubuque, Iowa 52001 (563)589-4100
RESOLUTION NO. 170-22
APPROVING AN AGREEMENT FOR UTILITY AND ROAD IMPROVEMENTS ON
STONEMAN ROAD BETWEEN THE CITY OF DUBUQUE, IOWA AND HILLS AND
DALES CHILD DEVELOPMENT CENTER, INC.
Whereas, the City intends to reconstruct Stoneman Road which will include roadway
improvements, sidewalk installation, and utility improvements; and
Whereas, the City plans to relocate the cul-de-sac which requires acquisition of
additional right-of-way from between Hills and Dales Child Development Center, Inc., and
Whereas, between Hills and Dales Child Development Center, Inc. is willing to dedicate the
necessary additional right-of-way to City; and
Whereas, relocation of the cul-de-sac will result in excess right-of-way in areas the
City will no longer need to retain and those areas abut the Hills & Dales Lifetime Center and
Childcare facility on Stoneman Road, and
Whereas, City is willing to vacate the excess right-of-way to between Hills and Dales
Child Development Center, Inc, and
Whereas, the parties have agreed the land transfers, easements, and utility projects
as part of the Project are substantially equivalent in value; and
Whereas, the City of Dubuque has reviewed and approved the preliminary design
and construction plans for said public roadway improvements as required by the Agreement;
and
Whereas, between Hills and Dales Child Development Center, Inc. has executed the
Agreement.
NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The Agreement attached hereto is hereby approved.
Section 2. The City Manager is authorized and directed to execute the Agreement
on behalf of the City of Dubuque.
Passed, approved, and adopted this 2nd day of May 2022.
.• :• mayor
ATTEST:
G'r.,►�/� 6 -44:1
Adrienne N. Breitfelder, City Clerk
STONEMAN ROAD UTILITY AND ROAD IMPROVEMENTS AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
HILLS AND DALES CHILD DEVELOPMENT CENTER, INC.
This Agreement (the Agreement), dated for reference purposes the 3rd day of
May , 2022, is made and entered into by and between Hills and Dales
Child Development Center, Inc. (Hills & Dales) and the City of Dubuque, Iowa (City).
Whereas, Hills & Dales is the owner of the property legally described as:
Lot 2-2-1-2-1-2-2-2-2-2 of the NE 114 of the NE 114 of Section 28,
Township 89 North, Range 2 East of the 511 P.M., in the City of Dubuque,
Iowa„ according to the recorded plat thereof
and as shown on Exhibit A (the Real Estate); and
Whereas, City is the owner of the abutting right-of-way as shown on
Exhibit A
Whereas, City intends to reconstruct Stoneman Road which will include roadway
improvements, sidewalk installation, and utility improvements(the Project) as
conceptually shown on Exhibit B; and
Whereas, City has determined that the Project will relocate the culdesac which
requires acquisition of additional right-of-way by'the City from Hills & Dales, and
Whereas, Hills & Dales is willing to dedicate the necessary additional right-of-way
to City; and
Whereas, relocation of the culdesac will result in excess right-of-way in areas the
City will no longer need to retain and those areas abut the Hills & Dales Lifetime Center
and Childcare facility on Stoneman Road, and
Whereas, City is willing to vacate the excess right-of-way to Hills & Dales, and
Whereas, the parties have agreed the land transfers and utility projects as part of
the Project are substantially equivalent in value; and
as
Whereas, the parties have come to terms on how to best effectuate the
components of the Project to maximize the benefits to each party and the residents and
visitors to Dubuque.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN HILLS & DALES AND CITY
AS FOLLOWS:
SECTION 1. CITY OBLIGATIONS.
1.1 City agrees to relocate the culdesac at the westerly terminus of Stoneman Road.
1.2 City is responsible for all necessary platting, surveying, and recording costs to
effectuate the transactions comtemplated by thie Agreement.
1.3 City will vacate the existing street right-of-way and deed Area A, C, and D as
shown on Exhibit B to Hills & Dales by quitclaim deed.
1.4 City will retain public utility easements over Area C and D as shown on Exhibit B
as part of the right-of-way vacation process.
1.5 City will restore any Hills & Dales property disturbed during the Project to its
previous condition.
1.6 City will make parking lot modifications to accommodate the relocated culdesac
as shown in the Stoneman Road Reconstruction Project design documents and
Exhibit B.
1.7 City agrees to make a good faith effort to complete the Project by November 1,
2022.
1.8 City agrees to assure vehicle access to the parking outside of the perimeter
construction easement (Area B on Exhibit B) and ADA pedestrian access to all
East entrances of the Hills and Dales building throughout the duration of the
temporary construction easement described in Section 2.3 below. To the
greatest extent possible, City and its contractor will stage, phase, or otherwisse
stagger reconstruction of the parking lot to maximize the number usable parking
stalls serving the Hills and Dales building throughout the duration of the
temporary construction easement described in Section 2.3 below.
SECTION 2. HILLS & DALES OBLIGATIONS.
2.1 Hills & Dales agrees to dedicate to City Area F as shown on Exhibit B for public
street right-of-way and utility purposes by right of way dedication plat.
2.2 Hills & Dales will grant a public utility easement over the Area E as shown on
Exhibit B.
2.3 Hills & Dales will grant a temporary construction easement over Area B as
shown on Exhibit B.
2.4 Hills & Dales will take over ownership and maintenance of the existing
watermain west of the new culdesac as shown on Exhibit B.
SECTION 3. BINDING ON SUCCESSORS AND ASSIGNS. This Agreement shall be
binding upon the parties hereto and their successors and assigns.
SECTION 4. CITY COUNCIL APPROVAL REQUIRED. This Agreement is subject to
final approval by the City Council in its sole discretion.
OA
SECTION 5. INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest
extent permitted by law, Hills & Dales shall defend, indemnify and hold harmless City,
its officers and employees, from and against all claims, damages, losses and expenses
claimed by third parties, but not including any claims, damages, losses or expenses of
the parties to this Agreement, including but not limited to attorneys' fees, arising out of
or resulting from the performance of this Agreement, provided that such claim,
damages, loss or expense is attributable to bodily injury, sickness, disease or death, or
injury to or destruction of property, including loss of use resulting there from, but only to
the extent caused in whole or in part by the negligent acts or omissions of Hills & Dales,
or anyone directly or indirectly employed by Hills & Dales, or anyone for whose acts
Hills & Dales may be liable, regardless of whether or not such claim, damage, loss or
expense is caused in part by a party indemnified hereunder.
To the fullest extent permitted by law, City shall defend, indemnify and hold harmless
Hills and Dales, its officers and employees, from and against all claims, damages,
losses and expenses claimed by third parties, but not including any claims, damages,
losses or expenses of the parties to this Agreement, including but not limited to
attorneys' fees, arising out of or resulting from the performance of this Agreement,
provided that such claim, damages, loss or expense is attributable to bodily injury,
sickness, disease or death, or injury to or destruction of property, including loss of use
resulting there from, but only to the extent caused in whole or in part by the negligent
acts or omissions of City, or anyone directly or indirectly employed by City, or anyone
for whose acts City may be liable, regardless of whether or not such claim, damage,
loss or expense is caused in part by a party indemnified hereunder.
CITY OF DUBUQUE, IOWA
Michael C. Van Milligen, City Manager
Date: 05/03/2022
3
HILLS & DALES CHILD
DEVELOPMENT CENTER, INC.
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Map Prepared by:
City of Dubuque
Engineering QIY1 Sion
50 West 13th Street
Dubuque. Ima 52001
Phone: (553) 509-4270
Fax: (563) 689-4205
EXHIBIT B
EXHIBIT B
- 1
I
AREA A - ROW VACATION TO H & D NO EASEMENTS RESERVED (4,550 SF)
AREA C - ROW VACATION TO H & D WI UTILITY EASEMENT RESERVED BY CITY (4,550 SF)
' AREA D - ROW VACATION TO H & D W/UTILITY EASEMENT RESERVED BY CITY (552 SF)
g
AREA B - TEMPORARY CONSTRUCTION EASEMENT TO CITY (9,203 SF)
t� AREA E - PERMANENT PUBLIC UTILITY EASEMENT TO CITY (2,083 SF)
AREA F - ROW PURCHASE TO CITY (5,128 SF)
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CURVE TABLE
EXIST. WATERMAIN
TO BE OWNED AND
MAINTAINED BY
HILLS AND DALES
CURVE #
LENGTH
RADIUS
DELTA
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50.00
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64.91
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N74. 15' 43"E
120.99
C3
40.19
34.00
67°43'53"
556' 58' 21"E
37.89
ROW ACQUIRED BY t
CITY FROM HILLS AND
DALES AREA F
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5HEET TITLE:
DESIGN PROFESSICNAL
PROJECT NO.
EXHIBIT A3505STONEMANROAD
BETTIS
21-0056
DATE ISSUED :
03-08-2022
N TANTJ
www,nxionn-cOm.COM 1(319)519-5220
PROIECI NAME:
STONEMAN ROAD
SHEET NUMBER'
1 OF 1
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CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct a public
hearing on the 6th day of March 2023, at 6:30 p.m., in the Historic Federal Building, 350
W. 6th Street, 2nd floor, Dubuque, Iowa, at which meeting the City Council proposes to
vacate and convey right of way over the following described real property to Hills and
Dales Childhood Development Center:
Lot 2-2-1-2-1-2-2-2-2-2-B of the Northeast Quarter of the Northeast Quarter of
Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa
At the meeting, the City Council will receive in -person and virtual comments from any
resident or property owner of said City to the above action. The official agenda will be
posted the Friday before the meeting and will contain public input options. The City
Council agenda can be accessed at
https://cityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City Clerk's
Office at 563-589-4100, ctyclerk@cityofdubuque.org. At said time and place of public
hearings all interested citizens and parties will be given an opportunity to be heard for
or against said proposal.
Written comments regarding the above public hearings may be submitted to the City
Clerk's Office via email at ctyclerk@cityofdubuque.org or by mail to City Clerk's Office,
City Hall, 50 W. 13th St., Dubuque, IA 52001, before said time of public hearing. At said
time and place of public hearings the City Council will receive any written comments
received by the City Clerk's Office before said time of public hearing.
Copies of supporting documents for the public hearings are on file in the City Clerk's
Office and may be viewed Monday through Friday between 8:00 a.m. and 5:00 p.m.
Individuals with limited English proficiency, vision, hearing, or speech impairments
requiring special assistance should contact the City Clerk's Office at (563) 589-4100,
TDD (563) 690-6678, ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard -of -
hearing individuals can use Relay Iowa by dialing 711 or (800) 735-2942.
Published by order of the City Council given on the 20th day of February 2023.
Adrienne N. Breitfelder, CIVIC City Clerk