Petition to Vacate and Dispose of City Interest a portion of the Stoneman Road Right of Way_Hearing Copyrighted
March 6, 2023
City of Dubuque Public Hearings # 01.
City Council Meeting
ITEM TITLE: Petition to Vacate and Dispose of City Interest a portion of the Stoneman
Road Right of Way, in the City of Dubuque, lowa For Vacation Petition
(to Hills and Dales Childhood Development Center) as part of the
Stoneman Road Reconstruction Project
SUM MARY: Proof of publication on notice of public hearing to consider City
Council adopt a resolution vacating and disposal 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, and City Manager
recommending approval.
RESOLUTION Vacating a portion of Stoneman Road, in the City of
Dubuque, lowa, 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, lowa
RESOLUTION Disposing of City interest in 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, lowa
SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Staff Memo Staff Memo
Vacate Resolution Resolutions
Disposing Resolution Resolutions
Vacation Plat Supporting Documentation
Res. 50-23 Setting PH Supporting Documentation
Agreement Supporting Documentation
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Petition to Vacate and Dispose of City Interest a portion of the Stoneman
Road Right of Way, in the City of Dubuque, lowa
For Vacation Petition (to Hills and Dales Childhood Development Center)
as part of the Stoneman Road Reconstruction Project
DATE: February 27, 2023
City Engineer Gus Psihoyos is recommending City Council adopt a resolution vacating
and disposal 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.
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Nate Kieffer, Surveyor
Dubuque
THE CITY OF �
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TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Petition to Vacate and Dispose of City Interest a portion of the Stoneman
Road Right of Way, in the City of Dubuque, lowa
For Vacation Petition (to Hills and Dales Childhood Development Center)
as part of the Stoneman Road Reconstruction Project
DATE: February 20, 2023
INTRODUCTION
This is in response to a request from Hills and Dales Childhood Development Center for
the vacating and disposal 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,
lowa. The City of Dubuque will reserve a public utility easement over the hatched area
on the face of the plat.
The City Council approved the platting 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, lowa at its February 20, 2023, meeting. A copy of the recorded vacation plat
is attached to this memo.
RECOMMENDATION
I am recommending the vacating and disposal 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, lowa.
ACTION TO BE TAKEN
I respectfully request that the vacating and disposal of the right of way property
described 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, lowa, to Hills
and Dales Childhood Development Center, be approved through the adoption of the
enclosed resolutions.
Prepared by Nate Kieffer, PE/PLS
2
Prepared by: Nate Kieffer City of Dubuque 50 W. 1311 Street Dubuque IA 52001 (563) 589-4270
Return to: Adrienne Breiffelder, City Clerk, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563)
589-4100
RESOLUTION NO. 63-23
RESOLUTION VACATING A PORTION OF STONEMAN ROAD, IN THE CITY
OF DUBUQUE, IOWA, 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
Whereas, per an agreement with Hills and Dales Childhood Development Center
approved by Resolution No. 170-22, the City is to vacate a portion of the Stoneman
Road right of way originally platted as a cul-de-sac at the westerly end of Stoneman
Road and is to convey the property to Hills and Dales for use as parking lot; and
Whereas, the City of Dubuque Engineering Department has prepared and
submitted to the City Council a plat showing the proposed vacated right of way 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, pursuant to resolution and published notice of time and place of
hearing, published in the Telegraph Herald, a newspaper of general circulation
published in the City of Dubuque, Iowa on the 24th day of February 2023, the City
Council of the City of Dubuque, Iowa met by public and/or virtual means on the 6th
day of March, 2023, at 6:30 p.m. in the Historic Federal Building Council Chambers
(second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider
the request to vacate; and
Whereas, the City Council of the City of Dubuque, Iowa overruled any and
all objections, oral or written to the request to vacate; and
Whereas, the City Council of the City of Dubuque, Iowa, has determined
that the proposed 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 should be approved.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the real estate described 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, be and the same is hereby vacated.
Passed, approved, and adopted this 6th day of March 2023.
Attest:
Adrienne N. Breitfelder, City Clerk
Prepared by: Nate Kieffer City of Dubuque 50 W. 13th Street Dubuque Iowa (563) 589 4270
Returned to: Adrienne Breitfelder, City Clerk, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-
4100
RESOLUTION NO. 64-23
RESOLUTION DISPOSING OF CITY INTEREST IN 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, pursuant to resolution and published notice of time and place of
hearing, published in the Telegraph Herald, a newspaper of general circulation
published in the City of Dubuque, Iowa on the 24th day of February, 2023, the City
Council of the City of Dubuque, Iowa met by in person and/or by virtual means on
the 6th day of March, 2023, at 6:30 p.m. in the Historic Federal Building Council
Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa
to consider the proposal for the sale of real estate described 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
Whereas, the City Council of the City of Dubuque, Iowa overruled any and
all objections, oral or written to the proposal to sell such real estate.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the conveyance of City of Dubuque real property
described 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 511 P.M., in the City of Dubuque, Iowa, to
Hills and Dales Childhood Development Center be and the same is hereby
approved. Conveyance shall be by Quit Claim Deed.
Section 2. That the Mayor be authorized and directed to execute a Quit
Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver
said deed of conveyance to Hills and Dales Childhood Development Center.
Section 3. That the City Clerk be and is hereby authorized and directed
to record a certified copy of this resolution in the offices of the City Assessor,
Dubuque County Recorder and Dubuque County Auditor.
Passed, approved, and adopted this 6th day of March 2023.
.. ff.fq! ..
Attest:
Adrienne N. Breitfelder, City Clerk
Doc ID: 011087570005 Type: GEN
Kind: DEED WITH RESOLUTION
Recorded: 04/17/2023 at 11:06:34 AM
Fee Amt: $32.00 Page 1 of 5
Revenue Tax: $0.00
Dubuque County Iowa
Karol Kennedy Recorder
File2023-00003297
Prepared by: Crenna Brumwell 300 Main Street Suite 330 Dubuque IA 52001 563 5834113
Retum to: Crenna Brumwell 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
Tax statement to: Hills and Dales Child Development Center, Inc.
1011 Davis Street
Dubuque, Iowa 52001
QUIT CLAIM DEED
For the consideration of One Dollar and other valuable consideration, the City of
Dubuque, Iowa does hereby Quit Claim to Hills and Dales Child Development Center,
Inc., all its right, title, interest, estate, claim and demand in the following described real
estate in Dubuque County, Iowa:
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
Subject to a public utility easement reserved over part 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 per Instrument Number 2023-0001553 in the Dubuque
County Recorder's Office.
There is no known private burial site, well, solid waste disposal site, underground storage
tank, hazardous waste, or private sewage disposal system on the property as described
in Iowa Code Section 558.69, and therefore the transaction is exempt from the
requirement to submit a groundwater hazard statement.
Exempt: Iowa Code § 428A.2(6) Deed in which a political subdivision of the state of Iowa
is the grantor
Dated: , 2023
CITY OF DUBUQUE, IOWA
Brad M. Cav h
s7
0 ,6,toe ck4,� 27a/
Attest:
Adrienne N. Breitfelder, City Clerk
STATE OF IOWA, DUBUQUE COUNTY, ss:
On this day of T� , 2023, before me a Notary Public in and for said
County and said State, personally appeared Brad M. Cavanagh and Adrienne N.
Breitfelder, to me personally known, who, being by me duly swom, did say that they are
the Mayor and City Clerk respectively, of the City of Dubuque, Iowa; that said instrument
was signed on behalf of said City of Dubuque by authority of Resolution No. 64-23 and
that the said Brad M. Cavanagh and Adrienne N. Breitfelder as such officers,
acknowledged the execution of said instrument to be the voluntary act and deed of said
municipal corporation, by it and by them voluntarily executed.
'WrCowwMalon Nunp�N�u 47f
'°N� Mr C01""'���'s L Notary public
Prepared by: Nate Kieffer. City of Dubuque. 50 W. 13th Street, Dubuoue. Iowa (563) 589-4270
Retumed to: Adrienne Breitfelder, City Clerk, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-
4100
RESOLUTION NO. 64-23
RESOLUTION DISPOSING OF CITY INTEREST IN 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
Whereas, pursuant to resolution and published notice of time and place of
hearing, published in the Telegraph Herald, a newspaper of general circulation
published in the City of Dubuque, Iowa on the 240 day of February, 2023, the City
Council of the City of Dubuque, Iowa met by in person and/or by virtual means on
the 6th day of March, 2023, at 6:30 p.m. in the Historic Federal Building Council
Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa
to consider the proposal for the sale of real estate described 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
Whereas, the City Council of the City of Dubuque, Iowa overruled any and
all objections, oral or written to the proposal to sell such real estate.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the conveyance of City of Dubuque real property
described 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, to
Hills and Dales Childhood Development Center be and the same is hereby
approved. Conveyance shall be by Quit Claim Deed.
Section 2. That the Mayor be authorized and directed to execute a Quit
Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver
said deed of conveyance to Hills and Dales Childhood Development Center.
Section 3. That the City Clerk be and is hereby authorized and directed
to record a certified copy of this resolution in the offices of the City Assessor,
Dubuque County Recorder and Dubuque County Auditor.
Passed, approved, and adopted this 6t' day of March 2023.
Attest:
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. 64-23 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 3rd day of April, 2023.
cl�- 1,7
Adrienne N. Breitfelder, City Clerk
A
• • •'
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�NOEx�ECENo: Reserved for Recorder
LOCATION:LOT 2-2-1-2-1-2-2-2-2-2 OF THE NE 1/4 IIhIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I IIII
OF THE NE 1/4 OF SECTION 28,T89N,R2E OF STH P.M. DoC ID: 011069770008 T e: GEN
CITY OF DUBUQUE,IOWA Kind: SURVEY PLAT Yp
REQUESTOR:CITY OF DUBUQUE Recorded: 02/23/2023 at 01:12:50 PM
PROPRIETOR:CITY OF DUBUQUE Fee Amt: $42.00 Pape 1 of 8
SURVEYOR:RUSSELL N.KIEFFER Dubuque County Iowa
SURVEYOR COMPANY:CITY OF DUBUQUE Karol Kennedy Recorder
RETURN TO:RUSSELL N.KIEFFER,CITY OF DUBUQUE 2 02 3 000015 5 3
50 WEST 13TH ST.,DUBUQUE,IOWA 52001 File �
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SURVEYOR'S CERTIFICATE
I, Russell N. Kieffer, a Duly Licensed Land Surveyor in the State of lowa, 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
5"' P.M., in the City of Dubuque, lowa, in the City of Dubuque, lowa, being a R.O.W. vacation of a portion of
Stoneman Road, in the City of Dubuque, lowa, 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
5�'' P.M., in the Citv of Dubuque, lowa
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 5t'' P.M., in the City of Dubuque, lowa;
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, lowa.
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 lowa.
�Z�� '� . �� Date �� —� �"ZO�i.3
Russell N. Kieffer, P.L.S. No. 18128
\0�N�=-�O s My license renewal date is Dec. 31, 2024
�y�.� �'•,G�L Pages on sheets covered by this seal: this sheet only
p.''RUSSEI L N.• ;�
�� KIEFF�R '�
� 18128 �A
•'+�a
�E�������•
' �OWA
2
OWNER'S CONSENT
Dubuque, lowa ��' �i��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, lowa, 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
. �,p`
By: %/
Adrienne N. Breitfelder, Clerk
UNIVERSAL NOTARY CERTIFICATE
STATE OF �W3 ) CAPACITY CLAIMED BY SIGNER
COUNTY OF !JC-�61.1 u�- INDIVIDUAL
q I �CORPORATE OFFICER(S)
�1�V�r �l1 �..i�V C�Q!' (7itle)
On this a� day of � i� 2023, before me,
the undersigned, a Notary Public�afid for said State, (CORP SEAL)
personally appeared �O�dl��� ,�Y��-&�i�{udc� to me AFFIXED
personally known, OR _ p�oved to me an the basis of _NO SEAL PROCURED
satisfactory evidence to be the person(s) whose name(s) is/are _PARTNER(S)_LIMITED_GENERAL
subscribed to the within instrument and acknawledged to me _ATTORNEY-IN-FACT
that he/she/they executed the same in his/her/their authorized _TRUSTEE(S)
capacity(ies), and that by his/her/their signature(s) on the GUARDIAN/CONSERVATOR
instrument the person(s) acted, xecuted th i t men#. _OTHER
(NotarySeal) igninblueink) SIGNER IS REPRESENTING
�;•�. TUSDEE LYMN BLUs e, -��W �_i f y d7 T �uhU�t,l�.
�� ' Commbalon Nu� � nUtype name)
, W� ��Capy�,�, ary Public in and for State af lowa
..�....:
3
PLANNING SERVICES
Dubuque, lowa ���, � , 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, lowa, or within
the two-mile jurisdiction of the City of Dubuque, lowa, as defined under Section 354 of the Code of lowa, has
been reviewed by the Ciry Planner, (or designee) of the City of Dubuque in accordan with Ch 42 of
the City of Dubuque Code of Ordinances, and said approval has been endors in o e e first
written above.
nimon , Man ger
Planning Services
ity of Dubuque, lowa
CITY OF DUBUQUE, IOWA
Dubuque, lowa �ei�raa� o , 2023
The undersigned, Brad M. Cavanagh, Mayor, and Adrienne N. Breitfelder, Clerk of the City of Dubuque,
lowa, 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 5t'' P.M., in the City of
Dubuque, lowa, as appears heretofore has been filed on ol�J{�"' day of
ohr ar , 2023 as Resolution # y 6-a3 in the office of the City
Clerk of Dub que, lowa and that the City Council of the City of Dubuque, lowa ap ro id plat.
Mayor of t of Dubuque, IA
. �� �u�c�/��'G�il
Clerk of the City of Dubuque, IA
COUNTY AUDITOR
,�.
Dubuque, lowa �G10. 23 . �`�, 20�� ~
. �� _- -_ t���`'�
The foregoing Plat of Survey (R.O.W. Vacation) of Lot 2-2-1-2-1-2-2-2-2-2-B of � 'rt�e+�s,� a _f�`
the Northeast Quarter of Section 28, T89N, R2E of the 5 P.M., in the Ci�ii�df D uque,.fo ,a i
entered of record in the office of the Dubuque County Auditor this 2� of �,;�a 3. '
approve the subdivision name or title shown hereon to be recorded. � '�
r ��, �
� �� �
Dubuqu�._.........�tYAGdi •r �.
4
CITY ASSESSOR
Dubuque, lowa t'�� _ , 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 5t'' P.M., in the City of Dubuque, lowa
was entered of record in the office of the Dubuque County Assessor this 21 of l-�4`u-�i ,
2023.
Troy Patzner
Dubuque City Assessor
RECORDER'S CERTIFICATE
Dubuque, lowa �..��D. 23'�d , 2023
The foregoing Plat of Sunrey (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 5�'' P.M., in the City of Dubuque, lowa has been
reviewed by the Dubuque County Recorder.
I�
J #�
Recorder of Dubuque Counry
�r'.,
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5
Prepared by: Nate Kieffer,City of Dubuque.50 W.13'"Street,Dubuque,IA 52001 (563)589-4270
Return to: Nate Kieffer,City of Dubuque,50 W.13'"SVeet,Dubuque,IA 52001 (563)589-4270
RESOLUTION NO. 46-23
RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF
STONEMAN ROAD, IN THE CITY 4F 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 SECTI�N 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,
lowa, 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, lowa 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, lowa; 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 rea! 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,
lowa.
Section 2. The City af 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 vf Section 28, T89N, R2E of the 5�' P.M., in the City of Dubuque,
lowa, as shown and denoted on the face of the plat.
Section 3. That the City C4erk 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, lowa.
Passed, approved, and adopted this 2Qt'' day of February, 2023.
ra anag , Mayor
Attest:
��� �
Adrienne N. Breitfelder, City Clerk
CERTIFICATE of tFi,e 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, lowa, 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,
lowa.
Dated at Dubuque, lowa, on this 21 St day of February, 2023.
•;......,,,, � � ��������
- '��t. �� f�'` Adrienne N. Breitfelder, City Clerk
;.:�::��:•••��s-.�,'•.�,�,`•,�.
�� �t:��...� k� ♦ �a,.,r �
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Pre a�ed b Nate Kie�Fer Cit of Dubu ue En ineerin 50 W. 13'" St. Dubu �e IA 52001
Return ta Adrienne N. Breitfelder, City Clerk, City of Dubuque 50 W. 13°h St. Dubuque, IA 52p01
RESOLUTION NO. 50-23
RES4LUTiON OF fNTENT T4 VACATE AND DISP4SE OF CITY INTEREST IN A
PORTION OF STONEMAN ROAD, IN THE CITY OF DUBUQUE, IOWA, TO BE
KNOWN AS LOT 2-2-1-2-�-2-2-2-2-2-B OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER QF SECTION 2$, T89N, R2E QF THE 5T" P.M., IN THE C1TY
OF DUBUQUE, IOWA
Whereas, per an agreement with Hills and Dales Childhood Development Center
appro�ed by Resolution No. 170-22, the City is to vacate a portion of the Stoneman Raad
right of way ariginally plafted as a cul-de-sac at fhe wes#erly end of Stoneman Road and
is to convey the property to Hilfs and �a1es for use as parking lot; and
Whereas, the City of Dubuque Engineering D�par�mer�f has prepared and
submitted to the City Council a plat showing the proposed vacated right of way of
Sto�eman Road, in the City of Dubuque, lawa 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 Northeas# Quarter ot
Section 28, T89N, R2E of the 5th P.M., in the City of Dubuque, lowa.
NOW THEREFORE, BE IT RESOLVED BY THE C1TY COUNCIL OF THE CITY
OF DUBUC�UE, IOWA:
Section 1. That the City ot Dubuque intends ta vacate and dispose of its interest
in Lot 2-2-1-2-1-2-2-2-2-2-B of the Nor�heast Quarter of the Northeas# Quarter of Section
28, T89N, R2E of th� 5th P.M., in t�e City of Dubuque, lowa, as shown an the attached
Exhibit A.
Section 2. Thaf a public h�aring, and/or by virtual means, on the intent ta vacate
ar�d dispose of Ci#y �n#erest in �ot 2-2-1-2-1-2-2-2-2-2-B of t�e No�theast Quarter of the
Northeast Quarter of Section 28, T89N, R2E of the 5th P.M., in #he City of D�buque, lowa,
to Hills and Dales Childhood Development Center, is hereby set for the 6t" day of March,
2023, at the Historic Federal Building, 350 W. 6th Str�et, Dub�qu�, lowa, beginning at
6:30 p.m., and the City Clerk be and is hereby authorized and directed to cause a notice
of public hearing on the inten# to vacate said r�al estate to be published in the manner as
pr�scribed by law.
Passed, approved and adopted #his 2Qth day of February, 2023.
Brad�4i!Cavanagh, Mayar
1
Attest:
, 1 � f. ",,//
'`�,.,� �� �r�� . ,�.,,
���'';(.C�//f�� `�t ,- �= �.c ,C-u�
Adrienne N. Breitfefd�r,✓City Clerk
2
�
�
Dubuque CITY OF DLJBZ.TQUE
� ENGINEERING DEPARTMENT PLAT OF SURVEY (R■O■W. VACATION) OF
CITY HALL, 50 WEST 13th STREET
A��-America City DUBUQUE, IA 52001-4864 LOT 2�������������������� O� '
� � PHONE (563)589-4270 FAX (563)589-4205 �r
Drawn By: RNK Approved By: RNK Date: 02•OS•2023 T H E N O RT H EAS T Q U A RT E R O F T H E N O RT H EAST
LOT 2-2-1-2-1-2-2-2-2-2-B,OF THE NE 1/4
m OFTHENE1/40FSEC.28,T89N,R2EOFTHE5THP.M.,CITYOF QUARTER OF SECTION 28, TVJN, R2E OF THE 5TH PeM�'
DUBUQUE,IOWA
200� C.I.P.Number: Sheet Number. 1 oi 2 �N T H E C 1 TY O F D U B U Q U E' ��
COMPRISED OF:
BEING A RIGHT OF WAY VACATION OF PART OF STONEMAN ROAD, �
NORTH ORIGINALLY PLATTED AS LOT 2-2-1-2-2-2-2-2 OF THE NORTHEAST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 28, T89N, R2E OF THE 5TH P.M.,
o �5� 30� 60� IN THE CITY OF DUBUQUE, IOWA
SCALE 1" =30' FEET
ARC L=242.73'
RAD.=50.00� �rJ��� ARC L=147.20� FD.3/4"DIA.PIPE OPC 19828
CHORD N47° 19' 58"E 65.51' RAD.=51.00'
CHORD N73° 12'07"E
101.17'(101.17') N88°29'09"E 150.10' N88°21149.70�)49.70' 2N8 31?(218 39')
EXISTING STONEMAN ROAD �'ISO.'I O�� �
LOT 2-2-1-2-1-2-2-2-2-2 // /� /� -
CUL-DE-SAC RIGHT OF WAY NE 1/4 NE 1/4 SEC.28
(50'RADIUS) PER INST.#2598-72 � LOT 1
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N~ W���� the related surve work was erformed b me or under m direct
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X Q F��a>> _� ��WA� Russell N.Kieffer lowa Lic,No.18128 Date CITY OF DUBUQUE 7.CITY RESERVES A PERMANENT
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,� �o.u�cq� Pa9es or sheets covered by thls seal: PAGES 1 To 2 ON�Y HATCHED AREA AS SHOWN HEREON
SURVEYOR'S CERTIFICATE
;
I, Russell N. Kieffer, a Duly Licensed Land Surveyor in the State of lowa, 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
5t" P.M., in the City of Dubuque, lowa, in the City of Dubuque, lowa, being a R.O.W. vacation of a portion of
Stoneman Road, in the City of Dubuque, lowa, 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
5t" P.M., in the Citv of Dubuque, lowa
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 5'" P.M., in the City of Dubuque, lowa;
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 5t" P.M., in the City of Dubuque, lowa.
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 lowa.
�Z�� `�/� o �� Date �� _a�f ._���i�
Russell N. Kieffer, P.L.S. No. 18128
��pNP�-�NO My license renewal date is Dec. 31, 2024
•sG Pages on sheets covered by this seal: this sheet only
<vG;•' '•��
�: RUSSEL.I N. ;�
�r OtIEFF�R •�
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2
OWNER'S CONSENT
Dubuque, lowa , 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 5t" P.M., in the City of Dubuque, lowa, 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
By:
Adrienne N. Breitfelder, Clerk
UNIVERSAL NOTARY CERTIFICATE
STATE OF ) CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
COUNTY OF ) _CORPORATE OFFICER(S)
(Title)
On this day of , 2023, before me,
the undersigned, a Notary Public in and for said State, (CORP SEAL)
personally appeared to me AFFIXED
personally known, OR _ proved to me on the basis of NO SEAL PROCURED
satisfactory evidence to be the person(s) whose name(s) is/are PARTNER(S)_LIMITED_GENERAL
subscribed to the within instrument and acknowledged to me ATTORNEY-IN-FACT
that he/she/they executed the same in his/her/their authorized _TRUSTEE(S)
capacity(ies), and that by his/her/their signature(s) on the GUARDIAN/CONSERVATOR
instrument the person(s) acted, executed the instrument. _OTHER
(Notary Seal)
(Sign in blue ink) SIGNER IS REPRESENTING
(PrinUtype name)
Notary Public fn and for State of lowa
3
PLANNING SERVICES
Dubuque, lowa �•E,�h � , 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 5t" P.M., in the City of Dubuque, lowa, or within
the two-mile jurisdiction of the City of Dubuque, lowa, as defined under Section 354 of the Code of lowa, has
been reviewed by the City Planner, (or designee) of the City of Dubuque in accordanc with Ch p 42 of
the City of Dubuque Code of Ordinances, and said approval has been endors d e in o e e first
written above.
#q� nimon , Man ger
Planning Services
ity of Dubuque, lowa
CITY OF DUBUQUE, IOWA
Dubuque, lowa , 2023
The undersigned, Brad M. Cavanagh, Mayor, and Adrienne N. Breitfelder, Clerk of the City of Dubuque,
lowa, 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 5t" P.M., in the City of
Dubuque, lowa, as appears heretofore has been filed on day of
, 2023 as Resolution # in the office of the City
Clerk of Dubuque, lowa and that the City Council of the City of Dubuque, lowa approves said plat.
Mayor of the City of Dubuque, IA
Clerk of the City of Dubuque, IA
COUNTY AUDITOR
Dubuque, lowa , 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 5'" P.M., in the City of Dubuque, lowa was
entered of record in the office of the Dubuque County Auditor this of , 2023. We
approve the subdivision name or title shown hereon to be recorded.
Kevin Dragotto
Dubuque County Auditor
4
CITY ASSESSOR
Dubuque, lowa , 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 5t" P.M., in the City of Dubuque, lowa
was entered of record in the office of the Dubuque County Assessor this of ,
2023.
Troy Patzner
Dubuque City Assessor
RECORDER'S CERTIFICATE
Dubuque, lowa , 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 5t" P.M., in the City of Dubuque, lowa has been
reviewed by the Dubuque County Recorder.
John Murphy
Recorder of Dubuque County
5
Copyrighted
May 2, 2022
City of Dubuque Consent Items # 010.
City Council Meeting
ITEM TITLE: Stoneman Road Reconstruction Project-Agreementwith Hills and
Dales Child Development Center, Inc.
SUM MARY: City Manager recommending City Council approval of an Agreement with
developer Hills and Dales Child Development Center, I nc. (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, lowa
and Hills and Dales Child Development Center, I nc.
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
Dubuque
THE CITY QF �
�II-Meriea Ciry
DU B E , . � . ,
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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
Dubuque
THE CITY OF �
All-Amerisa Giqr
D�u� E W��.,�,���,���4��
' � � � 1►
MASt� 1eC� OYl t�1e �ZSS1S51 1 zoo��zolz=zois
� I�p ZQ 17*2019
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
2
Prepared by Nate Kieffer Citv of Dubuque Enqineering_50 W 13'h St Dubuaue lowa 52001 (5631589-4270
Return to Adrienne N. Breitfelder City of Dubuque City Cferk 5D W 13'h St Dubuque, lowa 52001 (563)589-4100
RESOLUTION NO. 170-22
APPROVING AN AGREEMENT FOR UTILfTY AND ROAD IMPROVEMENTS 4N
STONEMAN R4AD BETWEEN THE C1TY OF DUBUQUE, I�WA AND HILLS AND
DALES CHILD DEVELOPMENT CENTER, INC.
Whereas, the City intends to reconstruct Stoneman Raad which wilf include roadway
improvements, sidewalk installation, and utility impro�ements; ar�d
Whereas, the City plans to relocate �h� cul-de-sac which requires acquisitian of
additional right-af-way from betweer� Hills and Dales Child De��Ropment Center, Inc., and
Wher�as, between Hills and Dales Child Development Center, Inc. is wifling to dedicate the
necessary additiona! righ#-of-way to City; an�
Wh�r�as, relacatiorr ofi t�e cul-de-sac will result in excess right-of-way in areas the
City will no longer nee� to retain and those areas abut the Hilfs & Dal�s Lifetime Cerrter and
Childcare facifity on Stoneman Road, and
Whereas, City is wiiling to �acate the excess right-of-way to between Hifls and Dales
Chiid Development Center, fnc, and
Whereas, fhe parties have agreed the land transfers, easements, and utility projects
as part of the Project are substantially equivalent in value; and
Wh�reas, the City of Dubuque has reviewed and approved the preliminary design
and canstruction plar�s for said public roadway improvements as required by the Agreement;
and
Whereas, between Hiils and Dales Child Development Center, Inc. has executed the
Agreemenf.
NOW, THEREFORE, BE 1T RESOLV�D BY THE CITY COUNCiL OF THE CITY
OF DUBUQUE, i4WA:
Section 1. The Agreement attached hereto is hereby approv�d.
Secfian 2. The City Manag�r is authorized and directed to execute the Agreement
on behalf of t�e City of Dubuque.
Passed, approved, and adopted t�tis 2�� day af May 2022.
� "
ra M. Cavar��g�i, Mayor
ATTEST:
�������.�.� �' �'-����1?�
Adrienne N. Breitfeider, City Clerk
STONEMAN ROAD UTILITY AND ROAD IMPR�VEMENTS AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
HILLS AND DALES CHILD DEVELOPMENT CENTER, INC.
This Agreement (the Agreement), dated for reference purpases the 3rd day of
May , 2022, is made and entered into by and between Hills and Dales
Chi1d Development Center, Inc. (Hi�ls & Dales) and the City of Dubuque, lowa (Cify).
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 1J4 of t�e NE 114 of Sectivn 28,
Township 89 North, Range 2 East of the 5�h P.M., in the City of Dubuque,
lowa„ according to the recorded plat thereof
and as shawn on Exhibit A (the Real Estate); and
Whereas, City is #he owner of the abutting right-of-way as shown on
Exhibit A
Whereas, Ci#y intends to reconstruct Stoneman Road which will incfude roadway
improvements, sidewalk installation, and ufiilifiy Emprovements(the Project) as
conceptually shown an Exhibit B; and
Whereas, City has determined that the Project wifl relocate the culdesac which
requires acquisition of additional right-of-way by�the City from H�IIs & Dales, and
Whereas, Hil[s & Dales is willing ta dedicate th� necessary additiana! righfi-ofi way
to City; and
Whereas, relocation af the cuEdesac will resuit in excess right-of-way in areas the
City wi{I no longer need to retain and those areas abut#he Hills & Dales Lifetime Center
and Childcare facility on Staneman Road, and
Whereas, City is willing to vacafe the excess right-af-way to HiEls & Dales, and
Whereas, the parties ha�e agreed #he land transfers and utiiity projects as part of
the Project are substantially �qui�al�nt in �alue; and
as
Whereas, the parties �ave come to terms an how to best effectuate the
components of the Praject ta maximize the benefits to each party and the residents and
visitors to Dubuque.
NOW, THEREFORE, IT IS AGREED BY AND �ETWEEN HILLS & Di4LES AND CITY
AS FOLLOWS:
SECTION 1. CITY OBL.IGATIONS.
1.1 Cifiy agrees to relocate the culdesac at the westerly terminus of Stoneman Road.
1.2 City is responsible far all necessary p[afiting, surveying, and recording costs to
effectuate the transactions comtemplated by thie Agreement.
1.3 City will �acate the existing street right-of-way and dead Area A, C, and D as
shown on Exhibit B to Hills & Dales by quitcEairr� deed.
1.4 City will retain public utility easements o�er Area C and D as shown on Exhibit B
as part of the right-of-way vacafion process.
1.5 City will restore any Hills & Dales property disturbed during the Project to its
pre�ious condition.
�.6 City will make parking [ot modi'ficatinns to accommodate #he relocated culdesac
as shown in th� Stoneman Raad Recanstruction Project design documents and
Exhibit B.
�.7 City agrees to make a good faith effort ta complete the Project by Nouember 1,
2022.
1.8 City agrees to assure vehicle acc�ss ta the parking outside of the per�meter
construction easement (Area B on Exhibit B) and ADA pedestrian access to afl
�ast entrances af the Hills and Dales building throughout the duration af the
temporary construction easement described in Sectian 2.3 below. To fhe
greatest extent possif�le, City and its contractor will stage, phase, or oth�rwiss�
stagger reconstruction qf the parking [ot to maximize the number usabl� parking
stalls serving the Hills and Dales building throughout t�e duration of ti�e
temporary canstruction easement described in Secfiion 2.3 b�1ow.
SECTION 2. HI�LS & DALES OBLIGATIONS.
2.1 Hills & Dales agr��s ta dedicate to City Area F as shawn on Exhibit B for public
sfireet right-of-way an� �afi�ity purposes by right of way dedication plat.
2.2 Hills & Dales will grant a public utility easernent o�er the Area E as shown on
Exhibit B,
2.3 Hilfs & Dales will grant a temporary consfructian �asement over Area B as
shown on Exhibit B.
2.4 Hills & Dales will take o�er ownership and maintenance of fihe existing
watermain west of the new culdesac as shown on Exhibit B.
SECTI�N 3. BINDING ON SUCCESSORS AND ASSIGNS. This Agreem�nt shall ba
binding upon the parties hereto and their successors and assigns.
SECTION 4. CfTY COUNCIL APPROVAL REQUIRED. This Agreemenfi is subject to
final approval by tFte City Cauncil in fts sole discrefiion.
2
SECTION 5. INDEMNEFICATION FR�M THIRQ PARTY CLAIMS. To the fullest
extent permitted by law, Hills & Dales s�all defend, indemnify and hold harmless City,
its Officers anc! employees, from and against alf claims, damages, losses and expenses
claimed by third parties, but not including any claims, damages, losses or expenses of
the parties to this Agreement, incfuding but not limited ta attorneys' fees, arising out of
or resulting from the perfiormance of this Agreement, provided that such claim,
damages, loss or expense is attributable to �odily injury, sickness, disease or death, ar
injury to ar destruction of property, incl��ing loss of use resulting fhe�e from, but only to
the extent caused in whole or in par� by the r�egligent acts or omissions of Hills & Dales,
or anyone directly or indirectly employed by Hills & Dafes, ar anyone for wY�ose acts
Hills & Dales may be liable, regardl�ss of whether or not such claim, damage, loss ar
expense is caused in part by a party indemnified hereunder.
To the fullest extent permitted by law, City s�all defend, indemnify and hold harmless
Hills and Dales, its officers and empEayees, from and against a!1 cla�ms, damages,
losses and expenses cfaimed by third parties, but not induding any claims, damages,
losses or expenses of the parties to this Agreement, including but not iimifed to
attorneys' fees, arising out of or resulting from the perFormance of this Agreement,
pro�ided that such claim, damages, loss or �xpense is attributable to bodily injury,
sickness, disease or death, or injury to or destruction of property, including loss of use
resulting �here from, but only to the extent caus�d in whoae ar in part by the negligent
acts or omissions of City, or anyone directly or indirectly employed by City, or anyone
for whase acts City may be fiable, regardless of whether or not such claim, damage,
loss or expense is caused in parf by a party indemnified hereund�r.
CITY OF DUBUQUE, IOWA HILLS $� DALES CHILD
DEVELOPM�NT CENTER, INC.
By: /�l.(� vwy, By:
Michael C. Van Milligen, City Manager N e: �./G�C,��/�.�'`S'Gf�.P,�
Its: �71�`� -���P ���V�. (���1 G-e.r�
Date: 05/03/2022 Date: ��/�/ /����
3
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AREA A-ROW VACATIdN TO Fi& D Nd EASEMENTS RESERV�D(4,550 SF}
AREA C-ROW VACATlON TO H&D WI UTILITY EASEMEN7 REB�RVED BY C[TY(4,55(}SF)
AREA D ROW VACAT[ON TO H&�WlUTILITY EASE,MENT RESERVEd BY CITY(552 SF) �
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AREA�-TEMPORARY CdNSTRUCTIdN EASEfVIENT TO CITY(9,203 SF) 4���°; 0 2� 40
11
' AREA E-PERN€ANENT PU�LIC UTILITY EASEMENT TO CITY(2,0$3 SF)
AREA F-ROV'J PURCHASE TO CIN(5,128 SF}
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� � soo°50' �g"E 16.00'�, AREA� ��.� 2 AREA B
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CURVE TABLE MAIlVTAfI�E'D BY � � � ��
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CURVE# �ENGTH RAdIUS QELTA CH"n'�.vin. �.n�nv��iv. � `
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C1 243.51 50,OD 279°02'46" N46"48'40"E 64.91 � � ! \
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EXHIBIT A 35D5 STONEMAN ROAp 21-Q056
oareissu€o:
D3-08 2fl22
4n,�1`7SVaTH1Y I S rR��EC�NAME: SHfFfNVMBER'
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STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
02/24/2023
and for which the charge is 76.42
Subscribed to before me, a Notary Public in and for
Dubuque County, Iowa,
this 24th day of February, 2023
1yIR
Notary lic in and for Dubuque County, Iowa.
p1A(14`�
JANET K. PAPE
Commission Number 199659
My Commission Expires
�ow� 12/11/2025
Ad text : 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 2-2-1-2-1-2-2-2-2-2-13 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,
CMC, City Clerk
RESOLUTION NO. 50-23
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST
IN A 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 5 TH P.M., IN THE CITY OF DUBUQUE, IOWA
Whereas, per an agreement with Hills and Dales Childhood
Development Center approved by Resolution No. 170-22, the City
is to vacate a portion of the Stoneman Road right of way
originally platted as a cul-de-sac at the westerly end of
Stoneman Road and is to convey the property to Hills and Dales
for use as parking lot; and
Whereas, the City of Dubuque Engineering Department has
prepared and submitted to the City Council a plat showing the
proposed vacated right of way 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
Ad text: 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,
CMC, City Clerk
RESOLUTION NO. 50-23
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST
IN A 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 5 TH P.M., IN THE CITY OF DUBUQUE, IOWA
Whereas, per an agreement with Hills and Dales Childhood
Development Center approved by Resolution No. 170-22, the City
is to vacate a portion of the Stoneman Road right of way
originally platted as a cul-de-sac at the westerly end of
Stoneman Road and is to convey the property to Hills and Dales
for use as parking lot; and
Whereas, the City of Dubuque Engineering Department has
prepared and submitted to the City Council a plat showing the
proposed vacated right of way 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 5 th P.M.,
in the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to vacate and
dispose of its interest in 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 5 th P.M., in the City of Dubuque, Iowa, as
shown on the attached Exhibit A.
Section 2. That a public hearing, and/or by virtual means, on
the intent to vacate and dispose of City interest in 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 5 th P.M.,
in the City of Dubuque,
Iowa, to Hills and Dales Childhood Development Center, is
hereby set for the 6 th day of March, 2023, at the Historic
Federal Building, 350 W. 6 th Street, Dubuque, Iowa, beginning
at 6:30 p.m., and the City Clerk be and is hereby authorized
and directed to
cause a notice of public hearing on the intent to vacate said
real estate to be published in the manner as prescribed by
law.
Passed, approved and adopted this 20th day of February,
2023.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
It 2/24
1
Adrienne Breitfelder
From:Adrienne Breitfelder
Sent:Tuesday, March 7, 2023 11:59 AM
To:Troy Patzner; Kevin Dragotto
Cc:Nate Kieffer
Subject:City of Dubuque Resolution Disposing of City Interest
Attachments:Resolution No. 64-23.pdf
Hello Kevin and Troy,
Attached is a certified copy of City of Dubuque Resolution No. 64-23 Disposing of City interest in 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.
This resolution will be recorded today.
Thank you,
Adrienne
Adrienne Breitfelder, CMC (she/her)
City Clerk | City of Dubuque
City Hall | 50 W. 13th Street
Dubuque, Iowa 52001
O: 563-589-4121 | C: 563-581-6473