IA 32 Hike Bike Trail Phase 1_REAP RestrictionsTHE CITY OF
DUB E
Masterpiece an the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Iowa 32 Bike/Hike Trail -Phase 1: Notice of Use Restrictions
DATE: July 21, 2008
Dubuque
AlFpmedca CitN
2007
Planning Services Manager Laura Carstens is recommending approval of the Notice of
Use Restrictions for the Iowa 32 Bike/Hike Trail -Phase 1 as part of the Resource
Enhancement and Protection (REAP) grant.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
l ~~
Michae C. Van Milligen
MCVM/Iw
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
THE CITY OF Dubuque
a
DUB E
t
Masterpiece on the Mississippi
2007
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager`c~°
SUBJECT: Iowa 32 Bike/Hike Trail -Phase 1: Notice of Use Restrictions
DATE: July 21, 2008
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 1. Phase 1 is approximately 2 miles of paved off-road trail along the southerly
side of Iowa 32 (Northwest Arterial) from Dubuque County's Heritage Trail at U.S. 52
and Iowa 386 (John Deere Road), west to West 32"d Street. A project map is enclosed.
The IDNR awarded a $200,000 REAP (Resource Enhancement and Protection) grant to
the City of Dubuque in 2005 for construction of Phase 1 of the Iowa 32 Bike/Hike Trail.
The trail project was completed in 2006 in accordance with the REAP grant agreement
(#06-R4-PH). 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 1 of the Iowa 32 Bike/Hike Trail is located within the right-of-way for the four-lane
extension of Iowa 32 from John F. Kennedy Road to U.S. 52. The trail is the subject of
an agreement between the City of Dubuque and the Iowa Department of Transportation
(IDOT). The IDOT agreement with the City addresses the construction of a recreational
trail from John F. Kennedy Road to U.S. 52 as part of the Iowa 32/Northwest Arterial
four-lane extension project. The IDOT agreement states that the City is responsible for
future paving and maintenance of the trail.
Phase 1 of the Iowa 32 Bike/Hike Trail is part of the City of Dubuque's park system and
is maintained by the Leisure Services Department.
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
1, and authorizing the City Clerk to record the Notice of Use Restrictions with the
Dubuque County Recorder.
Enclosures
cc: Gil Spence, Leisure Services Manager
Jon Dienst, Civil Engineer
Prepared by: Laura Carstens, Planning Services Manager Address: City Hall, 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider, City Clerk Address: City Hall, 50 W. 13th St Telephone: 589-4210
RESOLUTION NO. 252-08
RESOLUTION APPROVING THE NOTICE OF USE RESTRICTIONS RELATED TO
PHASE 1 OF THE IOWA 32 BIKE/HIKE TRAIL.
Whereas, the Iowa Department of Natural Resources provided the City of Dubuque
with a Resource Enhancement and Protection (REAP) grant for construction of Phase 1 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 for said trail project; and
Whereas, the REAP grant agreement (#06-R4-PH) between the Iowa Department of
Natural Resources and the City of Dubuque 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 Iowa Department of Natural Resources for Phase 1 of the Iowa
32 Bike/Hike Trail
Section 2. The City Clerk is authorized to record said Notice of Use Restrictions with
the Dubuque County Recorder.
Passed, approved and adopted this 4th day of August 2008.
Roy D. Buol
Attest:
Jeanne F. Schneider, City Clerk
y ,.:.
'`'~.,.
Fields of Opportunities' S T/~T ~ ~ ~ I ~ ~~
CHESTER J. CULVER, GOVERNOR DEPARTMENT OF NATUR~4L RESOU. RCES
FATTY JUDGE, Lr. GOVERNOR RICHARD A. LEOPOLD, D}RECTOR
June 11, 2008
LAURA CARSTENS
CITY OF DUBUQUE
50 W. 13TH STREET
DUBUQUE, IA 52001
Subject: Notice of Use Restriction
Project: #06-R4-PH, IOWA 32 BIKE/HIKE TRAIL -PHASE I
CITY OF DUBUQUE, DUBUQUE COUNTY, IA
Dear LAURA CARSTENS:
~D~C~~a~L'~
JUN 1 9 2008
CITY OF QiiLUO~IE
PLA~i ~;!"~G SER4'1CFS DE:Fn~?jMENT
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 final payment will be processed upon receiving a copy of your recorded Notice of Use
Restriction. If you have any questions please contact me at 515-281-3013.
Sincerely,
Kathleen Moench
Budget and Finance Bureau
Enclosure
WALLACE STATE OFFICE BUILDING / 502 EAST 9th STREET /DES MOINES, IOWA 50319
515-281-5918 TDD 515-242-5967 FAX 515-281-6794 www.state.ia.us/dnr
Prepared By: Kathleen Moench, IDNR, Wallace State Office Bldg., Des Moines, Ia 50319 515-281-3013
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 12/8/2005, 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: #06-R4-PH, 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 (write: month/date). 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.
Date Title:
STATE OF IOWA }
} ss:
COUNTY OF POLK
IOWA DEPARTMENT OF NATURAL RESOURCES
S to itol Complex
fines, Iowa~3~-9-0.034
Liz ristiansen, Deputy Director
On June 11, 2008, A.D., before me, the undersigned, a Notary Public in and for the state of Iowa,
personally appeared Liz Christiansen, to me known to be the identical person named in and who executed
the foregoing instrument and acknowledged that the said Director of the Iowa Department of Natural
Resources and that the Director, or the Director's designee, executed the instrument as the voluntary act
and deed of the Department and of the Director.
NOTARY ~ BLIC
in and for the state of Iowa
~~a~~~~
Iowa 32 Bike/Hike Trail -Phase 1
REAP Grant Number 06-R4-PH
LEGAL DESCRIPTION
A portion of the southeasterly public right of way of Iowa State Highways No. 32 and
No. 386 from John F Kennedy Road to Tanzanite Drive in the following quarter sections
more particularly described as follows:
Beginning in the Northeast Quarter of Section 16, T89N, R2E of the 5th P.M. at the
intersection of John F. Kennedy Road and Iowa State Highway No. 32;
Thence northeasterly along said right of way through said Northeast Quarter;
Thence continuing northeasterly through the Northwest Quarter of Section 15;
Thence continuing northeasterly through the Southwest and Southeast Quarters of
Section 10;
Thence continuing northeasterly through the Southwest and Northwest Quarters of
Section 11 to a point of intersection with U.S. Highway No. 52;
Thence continuing northeasterly along the southeasterly right of way of Iowa State
Highway No. 386 in the Northwest Quarter of Section 11 to a point of intersection with
Tanzanite Drive all in T89N, R2E, 5th P.M. Dubuque County, Iowa.