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Iowa 32 Bike-Hike Trail Phase 4 - Notice of Use Restrictions Copyright 2014 City of Dubuque Consent Items # 19. ITEM TITLE: Iowa 32 Bike-Hike Trail Phase 4 - Notice of Use Restrictions SUMMARY: City Manager recommending approval of a resolution approving the terms of the Notice of Use Restrictions for the Iowa 32 Bike/Hike Trail — Phase 4. RESOLUTION Approving the Notice of Use Restrictions related to Phase 4 of the Iowa 32 Bike-Hike Trail SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Iowa 32 Bike/Hike Trail-Phase 4 - MVM Memo City Manager Memo Staff memo Staff Memo IDNR Notice of Use Restction Supporting Documentation aerial view Supporting Documentation resolution Resolutions THE CITY OF Dubuque DUB E 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 Trial — Phase 4: Notice of Use Restrictions DATE: January 27, 2017 Planning Services Manager Laura Carstens recommends City Council approval of a resolution approving the terms of the Notice of Use Restrictions for the Iowa 32 Bike/Hike Trail — Phase 4, and authorizing 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. v Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Laura Carstens, Planning Services Manager THE CITY OF Dubuque ftk-r-fty- A DUB E A11-America City 1 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 4: Notice of Use Restrictions DATE: January 27, 2017 INTRODUCTION This memorandum transmits a request from the Iowa Department of Natural Resources (IDNR) to record a Notice of Use Restrictions for the Iowa 32 Bike/Hike Trail - Phase 4. Phase 4 extends southwesterly approximately 1.5 miles along Iowa 32 (the Northwest Arterial) from Plaza Dr. to Pennsylvania Ave. 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 2013 for construction of Phase 4 of the Iowa 32 Bike/Hike Trail. The trail project was completed in 2016 in accordance with the REAP grant agreement #14-R4-AN. 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 4 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 4 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 4, 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 F:\Users\LCARSTEN\WP\Grants for Trails\Iowa 32 Trail\REAP Grant Phase 4\Memo Notice of Use Restrict.doc Aerial Image ° FOR M M g/; / �� ��,,( ° !� BURY RD "yg ASBU RY CIR , "ASBURY COURT PL �/ WIN TWILIGHTDR ,. . A V OL T RE Z `e O z z /_ SARATOGA RD , r Z HILLCREST RD AO SHORT ST Z ARVE ` p I A O - O o WOLFF RD y L NORTHRANGECTEM .,/ ,% YLVANI AAVE NNS - WESTMARK DR Planned Iowa 32 Bike/Hike Trail Phase 4 _ Existing Bike/Hike Trails ,-4�;?� Iowa 32 Bike/Hike Trail Future Phase City of Dubuque City of Asbury 0 500 1,000 2,000 Feet I I I I I I i 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. 36-17 RESOLUTION APPROVING THE NOTICE OF USE RESTRICTIONS RELATED TO PHASE 4 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 4 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 #14 -R4 -AN 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 4 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 6th day of February017. Lci Roy D. ByI, Mayor Attest: Trish L. Gleason, Assistant City Clerk F:\Users\LCARSTEN\W P\Grants for Trails\Iowa 32 Trail\REAP Grant Phase 4\Resolution IA 32 Trail Notice of Use Restrictions.doc l44/1/jaw Fields of Opportunities STATE OF IOWA TERRY E. BRANSTAD, GOVERNOR KIM REYNOLDS, LT. GOVERNOR January 25, 2017 LAURA CARSTENS CITY OF DUBUQUE 50 W. 13TH STREET DUBUQUE, IA 52001 Subject: Notice of Use Restriction DEPARTMENT OF NATURAL RESOURCES CHUCK GIPP, DIRECTOR 115)1ECEOW _ JAN 3 1 2016 CITY OF DUBUQUE PLANNING SERVICES DEPARTMENT Project: #14 -R4 -AN, IOWA 32 HIKE/BIKE TRAIL - PHASE 4 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 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 515-725-8213. Sincerely, Kathleen Moench Budget and Finance Bureau Enclosure 502 EAST 9th STREET / DES MOINES, IOWA 50319-0034 FAX 515-725-0384 www.iowadnr.gov 11111 1111111 111111111 11111111 1111111 11 111 11 Doc ID 008591930004 Type GEN Kind: AGREEMENT Recorded: 02/09/2017 at 12:20:58 PM Fee Amt: $22.00 Page 1 of 4 Dubuque County Iowa John Murphy Recorder F11e2017-00001711 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 12/6/2013, 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: #14 -R4 -AN, IOWA 32 HIKE/BIKE TRAIL - PHASE 4, CITY OF DUBUQUE, DUBUQUE COUNTYCITY OF DUBUQUE, 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 COUTNY, IA in the office the Recorder of the county in which the subject real estate is located. Date By: Title: IOWA DEPARTMENT OF NATURAL RESOURCES State Capitol Complex Des Moines, di' 50319-0034 Deputy Director Print Name STATE OF IOWA, POLK COUNTY: This instrument was acknowledged before me on the day of „,,,�� , 20 V-1, by the Deputy Director of the Iowa Department of Natural Resources. 4 .9'4. in KAREN FYNAARDT COMMISSION NO, 188249 MY COMMISSION EXPIRES !O NA I JANUARY 13. Z 1 NOTARY PUBLIC t R THE, E. STATE OF IOWA zZ©©® ca CJii 1L Leza1 Description Property: 14 -R4 -AN, IOWA 32 HIKEBIKE TRAIL - PHASE 4 CITY OF DUBUQUE, DUBUQUE COUNTY, IA PART OF THE NORTHEAST AND SOUTHEAST QUARTER OF SECTION 20 IN TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5thP.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 2 OF PALLE PLACE IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, THENCE SOUTH 85° 25' 13" E A DISTANCE OF 72.63' TO THE INTERSECTION OF THE NORTHERN EDGE OF PAVEMENT OF PENNSYLVANIA AVENUE ROADWAY AND THE CENTERLINE OF THE IOWA 32 BIKE/HIKE TRAIL PAVEMENT, AS CONSTRUCTED, AND THE POINT OF BEGINNING; THENCE N14° 47' 36" W ALONG SAID TRAIL CENTERLINE A DISTANCE OF 19.63'; THENCE N01° 28' 08" W ALONG SAID TRAIL CENTERLINE A DISTANCE OF 411.57'; THENCE N00° 47' 34" W ALONG SAID TRAIL CENTERLINE A DISTANCE OF 326.41'; THENCE N01° 42' 57" W ALONG SMD TRAIL CENTERLINE A DISTANCE OF 497.88'; THENCE NORTHWESTERLY ALONG SAID TRAIL CENTERLINE BEING A CIRCULAR CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 200.00', A CHORD OF 20.20' WHICH BEARS N04° 36' 40" W, AN ARC LENGTH OF 20.21'; THENCE N07° 30' 24" W ALONG SAID TRAIL CENTERLINE A DISTANCE OF 279.54'; THENCE N04° 44' 01" W ALONG SAID TRAIL CENTERLINE A DISTANCE OF 140.97'; THENCE NO2° 39' 12" W ALONG SAID TRAIL CENTERLINE A DISTANCE OF 796.39'; THENCE N10° 41' 40" W ALONG SAID TRAIL CENTERLINE A DISTANCE OF 215.49'; THENCE NO2° 28' 26" W ALONG SAID TRAIL CENIERLINE A DISTANCE OF 385.51'; THENCE NO2° 28' 26" W ALONG SAID TRAIL CENTERLINE A DISTANCE OF 10.00'; THENCE NO2° 54' 59" W ALONG SAID TRAIL CENTERLINE A DISTANCE OF 16.96' TO THE CENTERLINE OF PAVEMENT OF PLAZA DRIVE ROADWAY AND THE POINT OF TERMINATION. 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. 36-17 RESOLUTION APPROVING THE NOTICE OF USE RESTRICTIONS RELATED TO PHASE 4 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 4 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 #14 -R4 -AN 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 4 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 6th day of February, 017. Roy D. Byl, Mayor Attest: Trish L. Gleason, Assistant City Clerk F:\Users\LCARSTEN\WP\Grants for Trails\Iowa 32 Trail\REAP Grant Phase 4\Resolution IA 32 Trail Notice of Use Restrictions.doc STATE OF IOWA CERTIFICATE of the CITY CLERK ) SS: COUNTY OF DUBUQUE ) I, Trish L. Gleason, do hereby certify that I am the duly appointed, qualified, Assistant City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such Assistant 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. 36-17 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 7th day of February, 2017. �Cr Trish L. Gleason, Assistant City Clerk