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Audubon School Right-of-Way Plat - Upper Bee Branch CreekCopyright 2014 City of Dubuque Consent Items # 28. ITEM TITLE: Audubon School Right -of -Way Plat SUMMARY: City Manager recommending approval of the Acquisition Plat for right-of- way east of Lincoln Avenue abutting the Audubon School property and acceptance of the dedication of said Tots to the City of Dubuque for right- of-way purposes in association with the Bee Branch Creek Restoration Project. SUGGESTED DISPOSITION: RESOLUTION Approving the Acquisition Plat of Lot B of Lot 2 of Mineral Lot 314 and Lot B of Lot 3 of Mineral Lot 314 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type ❑ Audubon School Right of Way Plat -MVM Memo City Manager Memo ❑ Staff Memo Staff Memo ❑ Resolution Resolutions ❑ Acquisition Plat Supporting Documentation THE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Audubon School Right of Way Plat DATE: June 29, 2015 Dubuque All -America City r 2007 • 2012 • 2013 City Engineer Gus Psihoyos recommends City Council approval of the Acquisition Plat of Lot B of Lot 2 of Mineral Lot 314 and Lot B of Lot 3 of Mineral Lot 314, and acceptance of the dedication of said lots to the City of Dubuque for Right -of -Way purposes in association with the Bee Branch Creek Restoration Project. This right-of- way is east of Lincoln Avenue abutting the Audubon School Property. I concur with the recommendation and respectfully request Mayor and City Council approval. 7- Mic ael C. Van Milligen 1,,i1144 .., MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF DUBT E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Audubon School Right of Way Plat DATE: June 25, 2015 INTRODUCTION Dubuque ktifrd AI -America City 1I 1, 2007 • 2012 • 2013 This memo provides information regarding the platting and acceptance of right of way east of Lincoln Avenue abutting the Audubon School Property in association with the Bee Branch Creek Restoration Project. BACKGROUND In December of 2001, the City Council formally adopted the Drainage Basin Master Plan prepared by HDR Engineering, Inc. (Omaha, Nebraska). Based on the study, approximately 1,150 homes and businesses in the Bee Branch Watershed are at risk of flood damage. In December of 2004, the City Council adopted the alignment of the Bee Branch Creek Restoration Project based on the work and recommendation of the Bee Branch Citizen Advisory Committee. The adopted alignment crossed the railroad yard at 506 Garfield Avenue now owned by Canadian Pacific. In April of 2011, the City Council approved and authorized the execution of the River Enhancement Community Attraction and Tourism (RECAT) grant agreement to fund the trail portion of the Bee Branch Creek Restoration Project. DISCUSSION The property is required to construct the multi -use trail and for installation of the sanitary interceptor sewer as part of the Bee Branch Creek Restoration Project. The Dubuque Community School District Board has agreed to sell the property for the appraised value of $13,314.47. The City's offer was based upon a recent appraisal of comparable vacant lots on Washington Street that was completed by appraiser Bob Felderman. Earlier this month, the City Council adopted a Resolution approving the Offer to Buy Real Estate and Acceptance. RECOMMENDATION I recommend that the City Council approve the Acquisition Plat of Lot B of Lot 2 of Mineral Lot 314 and Lot B of Lot 3 of Mineral Lot 314, prepared by IIW, P.C., which provides the property required to construct the multi -use trail and sanitary interceptor sewer as part of the Bee Branch Creek Restoration Project. ACTION TO BE TAKEN I respectfully request approval of the Acquisition Plat of Lot B of Lot 2 of Mineral Lot 314 and Lot B of Lot 3 of Mineral Lot 314, and acceptance of the dedication of said lots for Right of Way purposes, through the adoption of the enclosed resolution. Prepared by: Nate Kieffer, PLS Cc: Bob Schiesl, Assistant City Engineer Kyle Kritz, Associate Planner Don Vogt, Operation and Maintenance Manager John Klostermann, Streets and Sewer Maintenance Supervisor 2 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 221-15 APPROVING THE ACQUISITION PLAT OF LOT B OF LOT 2 OF MINERAL LOT 314 AND LOT B OF LOT 3 OF MINERAL LOT 314 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat dated June 22, 2015 prepared by IIW P.C. describing Lot B of Lot 2 of Mineral Lot 314 and Lot B of Lot 3 of Mineral Lot 314 in the City Of Dubuque; and Whereas, said plat conforms to the laws and statutes pertaining thereto; and Whereas, upon said plat appears Lot B of Lot 2 of Mineral Lot 314 and Lot B of Lot 3 of Mineral Lot 314, together with certain easements for public utilities, which the Dubuque Community School District, a School Corporation, by said plat have dedicated to the public forever; and Whereas, the dedication of said lots as Right of Way is necessary for the accommodation of certain multi -use trail and sanitary interceptor sewer improvements related to the construction of the Bee Branch Creek Restoration Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated June 22, 2015 prepared by IIW P.C.., 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 dedication of Lot B of Lot 2 of Mineral Lot 314 and Lot B of Lot 3 of Mineral Lot 314, for Right of Way purposes, together with the easements for public utilities as they appear on said Acquisition Plat, be and the same are hereby accepted. 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 6th day of July, 2015. Attest: Roy D. Buol, Mayor PREPARED BY: IIW, P.C. 4155 PENNSYLVANIA AVE DUBUQUE, IOWA (563) 556-2464 iiiIII II11111 II Ilii DodiID: 008276550007 Type: GEN Kind: SURVEY PLAT Recorded: 07/08/2015 at 04:05:21 PM Fee Amt° $37.00 Pape 1 of 7 Dubuque County Iowa John Murphy Recorder File2015-00008842 ACQUISITION PLAT COUNTY DUBUQUE PROJECT NO. 06169-02 PARCEL NO. LOCATION LOTS 2 AND 3 OF MINERAL LOT 314 . LOT B-2-314 ACQUISITION AREA 1,851 SQUARE FEET LOT B-3-314 ACQUISITION AREA 2,602 SQUARE FEET TOTAL ACQUISITION AREA 4,453 SQUARE FEET ACQUIRED FROM DUBUQUE COMMUNITY SCHOOL DISTRICT PIPE FOUND 0.25' NW OF LINE iff <0 7t (L <OT 4ciq F32 ST) 5(O' SOUTH LINE LOT 3A 15.00' LOT B OF LOT 3 M.L 314 2,602 SQ. FT. / .Oq' OFA / )<gJS 7. 9 •9, 0 C3 ti! <0T2 3.,; LOT B OF LOT 2 M.L 314 1,851 SQ. FT. LEGEND ----LOT LINE ID FOUND 1" IRON PIPE SET 5/8" IRON REBAR W/ RED PLASTIC CAP NO. 21408 ( ) RECORD INFORMATION ACQUISITION AREA rn' / ^^ . r- oa/tea o 4j• / O / ^D 1„=50' DRAWING MAY HAVE BEEN REDUCED ff / _.mIIIIIIIIIIiI!Uhi,.. NORTH GRAPHIC SCALE 0 50 100 PREPARED FOR: CITY OF DUBUQUE, IOWA DATE PREPARED: JUNE 22, 2015 NOTE THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD AND NOT OF RECORD. POINT OF BEGINNING SOUTHEAST CORNER LOT 2 M.L. 314 DESCRIPTION: PART OF LOTS 2 AND LOT 3 OF MINERAL LOT 314, LOCATED IN THE CITY OF DUBUQUE, IOWA 111111101/,, CRAIG L. GEISER = = O LS 21408 2 s's ,il r All 11\,0‘ JQ- 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 LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. FOR IIW, P.C. _S4 60.2(0•/5 CRAIG L GD ER DATE LICENSE NO. ' 1-4e: MY UCENSE RENEWAL DATE IS 12/31/2016 PAGES OR SHEETS COVERED BY THIS SEAL SHEETS 1 & 2 IIW. P.C. • IIW IMEGRnYE%PERTISESOLU1IONS www.iiwen •tom . 800.556.4491 ARCHITECTURE CIVIL ENGINEERING CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING MUNICIPALSURVEYING NGE EERING STRUCTURAL ENGINEERING TRANSPORTATION ENGINEERING DRAWN JJB/BMR PLAT N0. 4 -IA -15 CHECKED CLG PROD. NO. 06169 DATE 6-26-15 SHEET 1 of 2 P:\06\169\169-02\DRA9INGS\SUR\06169 2015 41.1DU80N 3700 City Clerk PREPARED 8Y: 114, P.C. 4155 PENNSYLVANIA AVE DUBUQUE, IOWA (563) 556-2464 ACQUISITION PLAT COUNTY DUBUQUE PROJECT NO. 06169-02 PARCEL LOCATION LOTS 2 AND 3 OF MINERAL LOT 314 LOT B-2-314 ACQUISITION AREA 1,851 SQUARE FEET NO. 1 LOT B-3-314 ACQUISITION AREA 2,602 SQUARE FEET TOTAL ACQUISITION AREA ACQUIRED FROM DUBUQUE COMMUNITY SCHOOL DISTRICT 4,453 SQUARE FEET <pT M<, 7, co <pT CO o h/ ry/ iff .4. R ate' � "T / /1/66' 06(' 06,, / M( T 7� 3AR6 M.< Qs,2 R = PIPE FOUND 0.25' NW OF LINE co M<• 3 7A (L40OT 3 q ?O 41 4f ‘10/f y'vSo �F32 STJ 6 Rp. SOUTH LINE LOT 3A 6p LOT B OF p3, 7 15.00' 2,602 SQ. FT. 314 � / '5> < / 9TS / LEGEND ----LOT LINE FOUND 1" IRON PIPE 0 SET 5/8" IRON REBAR W/ RED PLASTIC CAP NO. 21408 9 .9o,"z 2g / /� 295J //� v //O //"." / / v / / o / RECORD INFORMATION � (,) / O / ®ACQUISITION AREA 4R- k.) LOT B OF / 4) Vo LOT 2 M.L. 314 / ^^`o' 1,851 SQ. FT. l �/ .,<v f,6\0 0 AD .0. HADD 0 C0C / Co AD■ `' o AD 1"=50' MAY HAVE BEEN REDUCED PREPARED FOR: CITY OF DUBUQUE, IOWA DATE PREPARED: JUNE 22, 2015 NOTE THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS—OF—WAY OF RECORD AND NOT OF RECORD. _./nnlllll�lllluw�... NORTH GRAPHIC SCALE 50 100 DRAWING ah. / POINT OF BEGINNING SOUTHEAST CORNER LOT 2 M.L. 314 DESCRIPTION: PART OF LOTS 2 AND LOT 3 OF MINERAL LOT 314, LOCATED IN THE CITY OF DUBUQUE, IOWA ou`nQliW/ ," CRAIG L. `= - GEISER E LS 21408 .1'74, . I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED nw,P.c. AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY ♦ . DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. • • - FOR IIW, P.C. s -r %•2e,•/5 CRAIG L. GE! ER DATE LICENSE N0. ' -0D. MY LICENSE RENEWAL DATE IS 12/31/2016 PAGES OR SHEETS COVERED BY THIS SEAL SHEETS 1 & 2 ARCHITECTURE CIVI, ENGINEERING CONSTRNCTION SERVICES ENVIRONMENTAL ENGINEERING LANE SURVEYING MUNICIPAL ENGINEERING INTEGRITY.EXPER1ISE.BOLURDNS STRUCTURAL ENGINEERING TRANSPORTATION ...MERINO DRAWN JJB/BMR PLAT NO. 4 -IA -15 CHECKED CLG PROJ. NO. 06169 DATE 6-26-15 SHEET 1 of 2 P:\06\169\169-02\DRAWINGS\SUR 06169 2015 AUDUBON PREPAREDBY: IIW, P.C. 4155 PENNSYLVANIA AVE DUBUQUE, IOWA (563) 556-2464 ACQUISITION PLAT COUNTY DUBUQUE PROJECT NO. 06169-02 PARCEL NO. LOCATION LOTS 2 AND 3 OF MINERAL LOT 314 LOT B-2-314 ACQUISITION AREA 1,851 SQUARE FEET LOT B-3-314 ACQUISITION AREA 2,602 SQUARE FEET TOTAL ACQUISITION AREA 4,453 SQUARE FEET ACQUIRED FROM DUBUQUE COMMUNITY SCHOOL DISTRICT Acquisition Description Part of Lot 3 of Mineral Lot 314 and Lot 2 of Mineral Lot 314 located in the City of Dubuque, Iowa, described as follows: Beginning at the Southeast Corner of said Lot 2; Thence on an assumed bearing of North 59 degrees 07 minutes 21 seconds West along the southwesterly line of said Lots 2 and 3, 292.90 feet to the Southwest Corner of said Lot 3; Thence North 30 degrees 55 minutes 22 seconds East along the northwesterly line of said Lot 3, 15.00 feet; Thence South 59 degrees 07 minutes 21 seconds East, 280.85 feet; Thence North 30 degrees 43 minutes 05 seconds East, 5.00 feet; Thence South 59 degrees 07 minutes 21 seconds East, 12.00 feet to the southeasterly line of said Lot 2; Thence South 30 degrees 43 minutes 05 seconds West along last named line, 20.00 feet to the Point of Beginning. Containing 4,453 square feet, more or less and subject to easements, reservation, restrictions, and rights of way of record and not of record. INIEGROY.E%PER115E.SOL011ON5 www.iiwen9r.com .000.5564491 ARCHITECTURE CNIL ENGINEERING CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING LAND SURVEYING MUNICIPAL ENGINEERINO STRUCTURAL ENGINEERING ANSPORTATION ENGINEERING DRAWN JJB/BMR PLAT NO. 4—IA-15 CHECKED CLG PROD. N0. 06169 DATE 6-26-15 SHEET 2 of 2 PAN \169\169-02\ORA'MNGS\AIR 09149 2015 AUDUBON OWNER'S CONSENT Dubuque, Iowa , 2015 The foregoing ACQUISITION PLAT of Lot B of Lot 2 of Mineral Lot 314 and Lot B of Lot 3 of Mineral Lot 314 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. We hereby dedicate of Lot B of Lot 2 of Mineral Lot 314 and Lot B of Lot 3 of Mineral Lot 314 in the City of Dubuque, Iowa to the public for Street Right of Way (ROW) and public utilities. DUBUQUE COMMUNITY SCHOOL DISTRICT, IN THE COUNTIES OF DUBUQUE AND JACKSON, STATE OF IOWA, A.K.A. DUBUQUE COMMUNITY SCHOOL DISTRICT By Pres dent of B d of Directors By Se ret of School District State of Iowa ) ) ss: County of Dubuque) q— This instrument was acknowledged before me on this to. 66. day of J -4- , A.D. 2015, by �1..i Lh&r 'T hitt- (—NM—Lk) and LkL 45 , to me personally known, and who, by me duly sworn, did say that they are the chairperson of the Board of Directors and the Secretary, respectively, of the Dubuque Community School District, in the counties of Dubuque and Jackson, State of Iowa, a.k.a. Dubuque Community School District that the instrument was signed on behalf of the said school corporation, by authority of its Board of Directors as contained in a Resolution adopted by the Board of Directors on the f 4-1-+ day of IR , 2015 and that �i i t Ft zk:e_ 1 3: IDPn ka. and tzt d L t s C.4 acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the School Corporation, by it voluntarily executed. 1c""11, JOAN M. STEFFEN L Commission Number 737370 My Commission Expires October 27, 2017 Dubuque, Iowa Notary ublic in and for State of Iowa My Commission Expires: )[7-1 • ( 7 CITY OF DUBUQUE , IOWA , 2015 The undersigned Roy D. Buol and Kevin Firnstahl, Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing ACQUISITION PLAT of Lot B of Lot 2 of Mineral Lot 314 and Lot B of Lot 3 of Mineral Lot 314 in the City of Dubuque, Iowa, and the dedication of Lot B of Lot 2 of Mineral Lot 314 and Lot B of Lot 3 of Mineral Lot 314 in the City of Dubuque, Iowa, to the public for Street Right of Way ROW) and public utilities, as appears heretofore has been filed on ,/ si"/ day of 2015 as resolution #020?/ -76- in the office of the City Crk of Dubuque, the City Council of the City of Dubuque, Iowa approves said plat Mayor of th &04 City of Dubuque Clerk if tie City of ubuq CITY OF DUBUQUE PLANNING SERVICES Dubuque, Iowa y ,2015 The foregoing ACQUISITION PLAT of Lot B of Lot 2 of Mineral Lot 314 and Lot B of Lot 3 of Mineral Lot 314 in the City of Dubuque, Iowa, or within the two mile jurisdiction of the City of Dubuque, 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 Title 16 of the City of Dubuque Code of Ordinances Chapter 11, Unified Development Code and said approval has been endorsed herein on the date first written above. ��,�.... 74:1,°X. Laura Carstens, City Planner City of Dubuque, Iowa COUNTY AUDITOR Dubuque, Iowa ,2015 The foregoing ACQUISITION PLAT of Lot B of Lot 2 of Mineral Lot 314 and Lot B of Lot 3 of Mineral Lot 314 in the City of Dubuque, Iowa, was entered of record in the office of the Dubuque County Auditor this day of , 2015. We approve of the subdivision name or title to be recorded. Denise M. Dolan County Auditor of Dubuque, Iowa CITY ASSESSOR Dubuque, Iowa ,2015 The foregoing ACQUISITION PLAT of Lot B of Lot 2 of Mineral Lot 314 and Lot B of Lot 3 of Mineral Lot 314 in the City of Dubuque, Iowa, was entered of record in the office of the Dubuque City Assessor this day of , 2015. Dubuque, Iowa Richard A. Engelken Dubuque City Assessor RECORDER'S CERTIFICATE 2015 The foregoing ACQUISITION PLAT of Lot B of Lot 2 of Mineral Lot 314 and Lot B of Lot 3 of Mineral Lot 314 in the City of Dubuque, Iowa, has been reviewed by the Dubuque County Recorder. John Murphy Dubuque County Recorder