Iowa 32 Trail Phase 3 Notice of Use Restrictions Copyright 2014
City of Dubuque Consent Items # 14.
ITEM TITLE: Iowa 32 Trail Phase 3 Notice of Use Restrictions
SUMMARY: City Manager recommending approval of a Notice of Use Restrictions for
the Iowa 32 Bike/Hike Trail-Phase 3 and authorize the City Clerk to record
the Notice of Use Restrictions with the Dubuque County Recorder.
RESOLUTION Approving the Notice of Use Restrictions related to Phase
3 of the Iowa 32 Bike/Hike Trail
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ Iowa 32 Trail Phase 3 Notice of Use Restrictions-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Aerial view Supporting Documentation
❑ Notice of Use Restrictions Supporting Documentation
❑ Resolution Resolutions
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Iowa 32 Bike/Hike Trail — Phase 3: Notice of Use Restrictions
DATE: February 17, 2015
The Iowa Department of Natural Resources awarded a $200,000 Resource
Enhancement and Protection (REAP) grant to the City of Dubuque in 2009 for
construction of Phase 3 of the Iowa 32 Bike/Hike Trail. The trail project was completed
in 2012 in accordance with the REAP grant agreement. The REAP grant agreement
requires that the City maintain the project for its designated use as a public trail for a
minimum of 25 years.
Planning Services Manager Laura Carstens recommends City Council approval of a
Notice of Use Restrictions for the Iowa 32 Bike/Hike Trail-Phase 3 and authorize the
City Clerk to record the Notice of Use Restrictions with the Dubuque County Recorder.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Laura Carstens, Planning Services Manager
THE CITY OF Dubuque
�`
UBE NlAmeticacry
Masterpiece on the Mississippi
2007•2012.2013
MEMORANDUM
TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager"
SUBJECT: Iowa 32 Bike/Hike Trail - Phase 3: Notice of Use Restrictions
DATE: February 10, 2015
INTRODUCTION
This memorandum transmits a request from the Iowa Department of Natural Resources
(IDNR) for a Notice of Use Restrictions to be recorded for the Iowa 32 Bike/Hike Trail -
Phase 3. Phase 3 extends southwesterly approximately 1 mile along Iowa 32
(Northwest Arterial) from Plaza Dr. to Holliday Dr. A resolution and map are enclosed.
DISCUSSION
The IDNR awarded a $200,000 REAP (Resource Enhancement and Protection) grant to
the City of Dubuque in 2009 for construction of Phase 3 of the Iowa 32 Bike/Hike Trail.
The trail project was completed in 2012 in accordance with the REAP grant agreement
#1 O-R4-VK. The REAP grant agreement requires that the City maintain the project for
its designated use as a public trail for a minimum of 25 years.
Phase 3 of the Iowa 32 Bike/Hike Trail is located within the right-of-way of Iowa 32. It is
a 10-foot wide paved trail physically separated from the motorized traffic by an open
space located within the right-of-way. Phase 3 of the Iowa 32 Bike/Hike Trail is part of
the City of Dubuque's trail system maintained by the Leisure Services Department.
RECOMMENDATION
I recommend that the City Council approve the enclosed resolution agreeing to the
terms of the enclosed Notice of Use Restrictions for the Iowa 32 Bike/Hike Trail - Phase
3, and authorizing the City Clerk to record the Notice of Use Restrictions with the
Dubuque County Recorder.
Enclosures
cc: Marie Ware, Leisure Services Manager
Jon Dienst, Civil Engineer
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Fields of Opportunities.
STATE OF IOWA
TERRY E. BRANSTAD, GOVERNOR.
KIi'i REYNOLDS, LT. GOVERNOR.
January 30, 2015
LAURA CARSTENS
CITY OF DUBUQUE
50 W. 13TH STREET
DUBUQUE, IA 52001
Subject: Notice of Use Restriction
DEPARTMENT OF NATURAL RESOURCES
CHUCK GIPP, DIRECTOR
D LECEFVEfi
FEB 9 2095 10
CITY OF DUBUQUE
PLANNING SERVICES DEPARTMENT
Project: #10 -R4 -VK, IOWA 32 BIKE/IIIKE TRAIL - PHASE 3
CITY OF DUBUQUE, DUBUQUE COUNTY, IA
Dear LAURA CARSTENS:
Enclosed please find a Notice of Use Restriction document with a legal description attached, for your
Resource Enhancement & Protection Fund project identified above. Per your signed agreement, carefully
review the legal description for accuracy and then record the enclosed notarized document with your
county recorder. Keep a copy of the recorded document for your files and return a copy to my attention.
Your fmal payment will be processed upon receiving a copy of your recorded Notice of Use Restriction.
If you have any questions please contact me at 515-725-8213.
Sincerely,
1_ //1u
Kathleen Moench
Budget and Finance Bureau
Enclosure
502 EAST 9th STREET / DES MOINES, IOWA 50319-0034
FAX 515-725-0384 www. iowad n r. gov
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121
RESOLUTION NO. 62-15
RESOLUTION APPROVING THE NOTICE OF USE RESTRICTIONS RELATED TO
PHASE 3 OF THE IOWA 32 BIKE/HIKE TRAIL
Whereas, the Iowa Department of Natural Resources (IDNR) provided the City of
Dubuque with a Resource Enhancement and Protection (REAP) grant for construction of
Phase 3 of the Iowa 32 (Northwest Arterial) Bike/Hike Trail; and
Whereas, the City of Dubuque agreed to abide by all local, state and federal
requirements applicable to the REAP grant agreement #10 -R4 -VK with the IDNR for said
trail project; and
Whereas, said REAP grant agreement requires that the City of Dubuque maintain
said project for its designated use as a public trail for a minimum of twenty-five (25) years.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City Council hereby agrees to the terms of the Notice of Use
Restrictions provided by the IDNR for Phase 3 of the Iowa 32 Bike/Hike Trail.
Section 2. The City Clerk hereby is authorized to record said Notice of Use
Restrictions with the Dubuque County Recorder.
Passed, approved and adopted this 2nd day of March, 2015.
Attest:
Trish L. Gleason, Assistant City Clerk
(9L,
Roy D. Buol, Mayor
liliill 111111 111 lliil 11111 11111 lllli illll 11111 lilii illll 11111 11111 11111 1111 Ilii
Doc ID 008195130004 Type GEN
-Kind: NOTICE
Recorded: 03/09/2015 at 10:00:20 AM
Fee Amt: $22.00 Pape 1 of 4
Dubuque County Iowa
John Murphy Recorder
File2015-00002494
Prepared By: Kathleen Moench, IDNR, Wallace State Office Bldg., Des Moines, Ia 50319 515-725-8213
When Recorded Return a Copy to:
IDNR, Wallace State Office Bldg., Des Moines Ia 50319
NOTICE OF USE RESTRICTIONS IMPOSED BY STATE ADMINISTRATIVE RULE
ON CERTAIN REAL ESTATE
Notice is hereby given that on 11/30/2009, an agreement was made between the Iowa Department of
Natural Resources and the CITY OF DUBUQUE to provide state funds for the acquisition or
development of real estate legally described as:
DESCRIPTION: #10 -R4 -VK, IOWA 32 BIKE/HIKE TRAIL - PHASE 3,
CITY OF DUBUQUE, DUBUQUE COUNTY, IA
(See Legal Description Attached)
The state funds provided by the above-mentioned agreement were appropriated pursuant to the Iowa
Resources and Enhancement, Chapter 455A, Code of Iowa and administered pursuant to the Resource
Enhancement and Protection Program Chapter 33, Iowa Administrative Code.
Developments on the Land. Developments, paid for with resource enhancement and protection
fund assistance, made on this land shall be maintained to support their designated public use in the
grant agreement for a period of not less than 25 years from the recording of this document.
However, within that 25 -year period, if the CITY OF DUBUQUE determines the developments
are no longer of value for program purposes and the CITY OF DUBUQUE can show good cause
why the developments should no longer be used in accordance with the approved project purposes,
the developments may be disposed of or substantially altered with the department of natural
resources director's approval. If the developments are not maintained to support their designated
public use for a minimum of 25 years, all of the original grant funds that were responsible for their
funding assistance shall be returned to the state for inclusion in the account from which the grant
was originally made. After the 25 -year period, the CITY OF DUBUQUE may substantially
change or remove the developments after notification of public users and the department of natural
resources director.
The notice will be filed by the CITY OF DUBUQUE, DUBUQUE COUNTY, IA in the office the
Recorder of the county in which the subject real estate is located.
(3 By:
IOWA DEPARTMENT OF NATURAL RESOURCES
State Capitol C lex
Des Moines e _. 50319-0034
Date Title: Deputy Director
Print Name
STATF OF IOWA, P9,L,K COUNTY: This instrument was acknowledged before me on the
i ' day of , 20 k, by the Deputy Director of the Iowa Department of
Natural Resources.
NOTARY PUBLIC F
THE STATE OF IOWA
KAREN FYNAARDT
COMMISSION NO. 188249
MY COMMISSION EXPIRES
JANUARY 13 >,
La,{ av
LEGAL DESCRIPTION FOR
PHASE 3 OF IOWA 32 BIKE/HIKE TRAIL PROJECT
PART OF THE SOUTHWEST QUARTER OF SECTION 16 AND THE SOUTHEAST QUARTER
OF SECTION 17 AND THE NORTHEAST QUARTER OF SECTION 20 IN TOWNSHIP 89
NORTH, RANGE 2 EAST OF THE 5TH P.M., DUBUQUE COUNTY, IOWA, BEING A STRIP OF
LAND 40 FEET IN WIDTH LYING 20 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 1-4 OF HOLLIDAY ADDITION NO. 3
IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, THENCE SOUTH 47 DEGREES 12
MINUTES 51 SECOND EAST A DISTANCE OF 50.35 FEET TO THE INTERSECTION OF THE
CENTERLINE OF THE HOLLIDAY DRIVE ROADWAY AND THE CENTERLINE OF THE IOWA
32 BIKE/HIKE TRAIL PAVEMENT, AS CONSTRUCTED, AND THE POINT OF BEGINNING;
THENCE NORTH 00 DEGREES 27 MINUTES 46 SECONDS WEST ALONG SAID TRAIL
CENTERLINE A DISTANCE OF 1081.49 FEET; THENCE NORTH 00 DEGREES 31 MINUTES
23 SECONDS WEST ALONG SAID TRAIL CENTERLINE A DISTANCE OF 36.32 FEET;
THENCE NORTH 08 DEGREES 05 MINUTES 08 SECONDS EAST A DISTANCE OF 105.07
FEET; THENCE NORTHEASTERLY ALONG SAID TRAIL CENTERLINE BEING A CIRCULAR
CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 499.50 FEET, A CHORD OF 92.38
FEET WHICH BEARS NORTH 02 DEGREES 46 MINUTES 48 SECONDS EAST, AN ARC
LENGTH OF 92.51 FEET; THENCE NORTH 02 DEGREES 31 MINUTES 33 SECONDS WEST
ALONG SAID TRAIL CENTERLINE A DISTANCE OF 2.20 FEET; THENCE NORTH 02
DEGREES 31 MINUTES 33 SECONDS WEST ALONG SAID TRAIL CENTERLINE A
DISTANCE OF 600.57 FEET; THENCE NORTH 02 DEGREES 31 MINUTES 33 SECONDS
WEST ALONG SAID TRAIL CENTERLINE A DISTANCE OF 16.01 FEET; THENCE
NORTHWESTERLY ALONG SAID TRAIL CENTERLINE BEING A CIRCULAR CURVE
CONCAVE TO THE WEST HAVING A RADIUS OF 300.00 FEET, A CHORD OF 47.89 FEET
WHICH BEARS NORTH 07 DEGREES 06 MINUTES 13 SECONDS WEST, AN ARC LENGTH
OF 47.94 FEET; THENCE NORTH 11 DEGREES 40 MINUTES 52 SECONDS WEST ALONG
SAID TRAIL CENTERLINE A DISTANCE OF 50.44 FEET; THENCE NORTH 06 DEGREES 51
MINUTES 46 SECONDS WEST ALONG SAID TRAIL CENTERLINE A DISTANCE OF 141.45
FEET; THENCE NORTH 03 DEGREES 51 MINUTES 40 SECONDS WEST ALONG SAID
TRAIL CENTERLINE A DISTANCE OF 103.43 FEET; THENCE NORTH 05 DEGREES 53
MINUTES 19 SECONDS WEST A DISTANCE OF 302.85 FEET; THENCE NORTHWESTERY
ALONG SAID TRAIL CENTERLINE BEING A CIRCULAR CURVE CONCAVE TO THE EAST
HAVING A RADIUS OF 1999.00 FEET, A CHORD OF 332.65 FEET WHICH BEARS NORTH
01 DEGREES 06 MINUTES 57 SECONDS WEST, AN ARC LENGTH OF 333.03 FEET;
THENCE NORTH 03 DEGREES 39 MINUTES 25 SECONDS EAST ALONG SAID TRAIL
CENTERLINE A DISTANCE OF 157.42 FEET; THENCE NORTH 13 DEGREES 51 MINUTES
08 SECONDS EAST ALONG SAID TRAIL CENTERLINE A DISTANCE OF 42.81 FEET;
THENCE NORTH 16 DEGREES 12 MINUTES 13 SECONDS EAST ALONG SAID TRAIL
CENTERLINE A DISTANCE OF 251.66 FEET; THENCE NORTHEASTELRY ALONG SAID
TRAIL CENTERLINE BEING A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST,
HAVING A RADIUS OF 1498.00 FEET, A CHORD OF 831.85 FEET WHICH BEARS NORTH
32 DEGREES 19 MINUTES 26 SECONDS EAST, AN ARC LENGTH OF 842.93 FEET;
THENCE NORTH 48 DEGREES 26 MINUTES 39 SECONDS EAST ALONG SAID TRAIL
CENTERLINE A DISTANCE OF 173.49 FEET; THENCE NORTH 54 DEGREES 39 MINUTES
35 SECONDS EAST ALONG SAID TRAIL CENTERLINE A DISTANCE OF 77.47 FEET TO A
THE EASTERLY EDGE OF PAVEMENT OF PLAZA DRIVE AND THE POINT OF
TERMI NATION.