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Acquistion Plat_East 16th Street_Bee Branch Subdivision No. 2Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer J SUBJECT: East 16th Street Right of Way Plat DATE: May 28, 2013 INTRODUCTION Dubuque krall All America cfn h fie► 2012 This memo provides information regarding the platting of additional right of way for East Sixteenth Street near Kerper Boulevard. BACKGROUND East Sixteenth Street right of way was originally platted as 64 feet wide. Widening of the pavement for turn lanes require additional right of way to be dedicated to the public to allow for the construction of sidewalk and parkway. When the Wendy's parcel was developed near Kerper Boulevard, additional right of way was platted to accommodate the widened pavement. However, the platting for the widened portions along the south side of East 16th Street had not been completed since the parcel was owned by the City. Thus, the right of way line along the widened pavement section is only 5.5 feet from the south curb. Normal right of way setback is 11.5 feet from the back of the curb. DISCUSSION The recent Bee Branch improvements have created a buildable site along the south side of East 16th Street. A portion of this site is proposed to be part of a lease agreement with a local business. Prior to subdividing the area for the lease agreement, additional right of way along East 16th Street needs to be platted. This additional area has been coordinated with the developer of the lot and taken into consideration during the design of the improvements on the site. City Engineering has prepared an acquisition plat to provide 11.5 feet from the back of the existing curb for the new right of way line. The area being platted will be dedicated to the public for street and utility purposes. RECOMMENDATION I recommend that the City Council approve the Acquisition Plat of Lot B of Bee Branch Subdivision No. 2 in the City of Dubuque, Iowa which provides additional right of way for East 16th Street near Kerper Boulevard by the adoption of the attached resolution. ACTION TO BE TAKEN The recommendation of the City Manager should be approved and the Acquisition Plat of Lot B of Bee Branch Subdivision No. 2 in the City of Dubuque, Iowa should be approved through the adoption of the enclosed resolution. Prepared by: Ron Turner, PLS Cc: Nate Kieffer, PLS Bob Schiesl, Assistant City Engineer Deron Muehring, Civil Engineer Kyle Kritz, Associate Planner Don Vogt, Operation and Maintenance Manager John Klostermann, Streets and Sewer Maintenance Supervisor RESOLUTION NO. 176 -13 RESOLUTION APPROVING THE ACQUISITION PLAT OF LOT B OF BEE BRANCH SUBDIVISON NO. 2 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated May 23, 2013 prepared by The City of Dubuque Engineering Department describing Lot B of Bee Branch Subdivision No 2 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 May 23, 2013 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 and on behalf of the City of Dubuque, Iowa. Section 2. 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 17th day of June, 2013 Attest: .,:"/411 Kevin . Firnstahl, CMC, City Clerk Roy D. Buol, Mayor 1 THE CITY OF DUB Masterpiece on the Mississippi East Sixteenth Street Right of Way Acquisition Plat , p,ae•et el 11A GI etluque Aaeu g_pcea,0Ic mrct.7enIos srnrn 1215e' PROPOSED RIGHT OF WAY ACQUISITION AREA DISCLAIMER: This information was compiled using the Dubuque Area Geographic information System ( DAGIS), which Includes data created by both the City of Dubuque and Dubuque County. It is understood that, while the City of Dubuque and participating agencies utilized the most current and accurate information available, DAGIS and its suppliers do not warrant the accuracy or currency of the information or data contained herein. The City and participating agencies shall not be held liable for any direct, indirect, 'mtldental, consequential, punitive, or special damages, whether foreseeable or nforeseeable, arising out of the authorized or unauthorized use of this data or the inability to use this data or out of any breach of warranty whatsoever. 1 inch = 200 feet 100 50 0 100 200 300 Feet W E Aerial Services, 6nX� Map Prepared by: City of Dubuque Engineering Division 50 West 13th Street Dubuque, Iowa 52001 Phone: (563) 589 -4270 Fax: (563) 589 -4205 Reserved for Recorder Prepared By: Ron Turner 50 West 13th St. Dubuque,IA 52001 Ph:563- 589 -4270 a CO z C:33 Iii L0 L2C >°-• 0 4- -a C D H O U CO MS .-. al O 0 .+ D C0 N Oca3OO V' I-- N o O r-I ' (OQ\ N L .•. J00 7 O >(ON C O W 0 () g C T' > fAOC �•• 0> =-0.• O r4 O CD al }I a) LL 0 'O E 3 1-I L Q tr > . o �t m OCOW 4-' ri O1 a,w7ca ••i DY�LLOY LL O H U z 0 1119155009 PARCEL NO. >- I-- z 0 U w z 0) co 0 I- rn z 0 U w N Bee Branch C.Dev. I— w O 0 PERM. EASEM'T n/a EXIST. ROAD ROW—FEEL 129 S.F. LEGAL DESCRIPTION: Part of Lot 1 Bee Branch Subdivision No. 2 a) 0 U 0 0 1L 0 I— w _ 0 M II W J 0 0(r) <?-0 eRpER e o to ' E ij b co VJ J 0 J Bee Branch Sub. No. 2 (Balance of Lot 1 = 35.17 Acres) \ • \ P.O.B. - SET MARKER "X" ON UTIL. PED. zz w w 0 J FOUND IRON ROD /PIPE AS SHOWN 0 J J z w O >- 0 H w Z -1 }2Z g a Q 0 w w0 �0m mU w �U 000 W.j -WO wa E f2Ca O • O 0op r o a 2 N- < 0 J W Z —I Z Qo ce U _; J a: ce LLI z N Z z 0 0 OD qz m w W CO W W z w 2 0 w 0 z a O 0 0 0 W z Cl) w Z�ja O r W 0_ wz OJ 0_ Q H w wO 5_ C9 °E O 2 a) a) cn .0 (a E 0 v O 4) a) a) U a- CO O a) • a) 0 •C/) CC II N L C C ) 0 Q H Z W D Z 0 2 W J_ Q W Z 20 00 Z Z 00 �Li_ m4 aZI- w PO ri) �amo W I- A0w') 1�TI. (7 Q0 [L (j co 0 co We: ZIoo rL Z CAW w H o (563)589 -4205 N 0 C co 0. z 0 LOT B BEE BRANCH SUBDIVISION NO. 2 2 U. N 7201654 z U 7 _e Cr .'r E Q N 0 N SURVEYOR'S CERTIFICATE I, Ronald J. Turner, a duly licensed Professional Land Surveyor under the laws of the State of Iowa, do hereby state that the following tract of real estate was surveyed and platted by me, or under my direct personal supervision, to wit: A part of Lot 1 of Bee Branch Subdivision No. 2 in the City of Dubuque, Iowa, more particularly described as follows: Commencing as a point of at a point of intersection of the southerly right of way line of E. 16th Street with the easterly right of way line of Marsh Street. Thence N 66* 28' 10" E, 719.13 feet along the southerly right of way line of E. 16th Street to the point of beginning ( this is an assumed bearing for this description only) ; Thence N 66* 28' 10" E, 242.00 feet continuing along said right of way line, to a point of intersection with the southwesterly right of way of Kerper Boulevard; Thence S 66° 07' 57" E, 7.88 feet along said southwesterly right of way line; Thence S 66° 28' 10" W, 147.33 feet along a line parallel to the southerly right of way line of E.16th Street to a point; Thence S 69* 47' 20" W, 100.17 feet to a point of intersection with the southerly right of way line of E 16th Street, said point being the point of beginning The above described parcel was surveyed and platted for right -of -way purposes for improvements to East Sixteenth Street in the City of Dubuque, Iowa; and hereinafter shall be known as Lot B of Bee Branch Subdivision No. 2 in the City of Dubuque, Iowa, the plat of which is attached hereto and made a part of this certificate; contains 1129 square feet on the date of the survey, and is subject to easements of record and not of record. All monuments were placed or shall be placed within one year from the date this plat is recorded. I hereby certify that this land surveying document was prepared and the related survey work was performed by me, or under my direct p- •onal sup ision, and that I am a duly licensed Profe nal La • jr - or under the laws of the State of Iowa. Date �G��G1 f5' fe /- Ronald J u er, L.S. No. 9651 My license renewal date is Dec. 31, 2014 Pages on sheets covered by this seal: this sheet only 2 Dubuque, Iowa The foregoing Acquisition Plat of Lot B made with the free consent and in proprietors of said real estate. Said purposes. °" t �"'' • State, o'iwa-1 �l ° q'` ) ss: County' of ) On this 17th of day June , A.D. 2013, before me, a Notary Public in and for the County of Dubuque and State of Iowa, personally appeared Roy D. Buol and Kevin S. Firnstahl, to me personally known who, being duly sworn did say that the said Roy D. Buol is Mayor and the said Kevin S. Firnstahl is City Clerk of the City of Dubuque, Iowa, and that the seal affixed to the above instrument is the corporate seal of the City of Dubuque, Iowa, and that said instrument was signed and sealed on behalf of the said City of Dubuque, Iowa, by authority of the City Council of said city and the said Roy D. Buol and Kevin S. Firnstahl acknowledge the execution of said instrument to be the voluntary act and deed of said City of Dubuque, Iowa, by it voluntarily executed. OWNER'S CONSENT June 17 2013 of Bee Branch Subdivision No. 2 in the City of Dubuque, Iowa, is accordance with the desires of the undersigned owners and Lot B is hereby dedicated to the •ublic for street and utility By: •y D. Buol, Mayor By: evin S. Firnstahl, City Clerk fiHIISH L. QLtAbUN Commission Number 719986 My Commission Expires i a• 13•/y CITY COUNCIL Dubuque, Iowa Notary Public in the State of Iowa My Commission Expires 1.13.p-/ June 17 , 2013 The undersigned, Mayor and Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing Acquisition Plat of Lot B of Bee Branch Subdivision No. 2 in the City of Dubuque, Iowa, has been filed in the office of the Clerk of the City of Dubuque, and that by Resolution No. 17. -13 the Dubuque City Council approved said plat. • �. Mayor of h Roy D. Buol e y of Dubuque Kevin . Firnstahl Clerk of the City of Dubuque PLANNING SERVICES Dubuque, Iowa flay 30 , 20 l3 , 2013 The foregoing Acquisition Plat of Lot B of Bee Branch Subdivision No. 2 in the City of Dubuque, Iowa, 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 accordance with Chapter 42 of the City of Dubuque Code of Ordinances, and said approval has been endorsed herein on the date first written above. COUNTY AUDITOR Dubuque, Iowa ;ft , 2013 The foregoing Acquisition Plat of Lot B of Bee Branch Subdivision -Np�12 in the( Cit "of •Dubuque,` Iowa was entered of record in the office of the Dubuque County AuditorAhis'-°\ of uft - 2013. We approve the subdivision name or title to be recorded` • 'F Y ;1y Laura Carstens Planning Services Manager CITY ASSESSOR Dubuque,. Iowa peruse M. Dolan pq 'County Audit•r , 2013 The foregoing Acquisition Plat of Lot B of Bee Branch Subdivision No. 2 in the City of Dubuque Iowa was entered of record in the office of the Dubuque County Assessor this /P' of , 2013. Dubuque, Iowa RECORDER'S CERTIFICATE Richard A. ngelken Dubuque City Assessor gei, , 2013 The foregoing Acquisition Plat of Lot B of Bee Branch Subdivision No. 2 in the City of Dubuque, Iowa, has been reviewed by the Dubuque County Recorder. i K by Flynn Thurlow Recorder of Dubuque County, Iowa 15, 1.1)6;c /Op"- RESOLUTION NO. 176 -13 RESOLUTION APPROVING THE ACQUISITION PLAT OF LOT B OF BEE BRANCH SUBDIVISON NO. 2 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated May 23, 2013 prepared by The City of Dubuque Engineering Department describing Lot B of Bee Branch Subdivision No 2 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 May 23, 2013 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 and on behalf of the City of Dubuque, Iowa. Section 2. 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 17th day of June, 2013 ft Attest: Kevin . Firnstahl, CMC, City Clerk Roy D. Buol, Mayor CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, 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. do further state that the hereto attached Resolution No. 176 -13 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 19th day of June, 2013.