Request to Release Easement - Tri-State Shred / Old Bellevue Road Copyrighted
March 20, 2017
City of Dubuque Items to be set for Public Hearing # 1.
ITEM TITLE: Request to Release Easement-Tri-State Shred / Old
Bellevue Road
SUMMARY: City Manager recommending approval of the request
from Bruce Radtke, President of Tri-State Shred, 2270
Twin Valley Road, to vacate a portion of the Old Bellevue
Road public right-of-way easement across Lots 1 and 2 of
Gudenkauf Place and Lots 1 and 2 of Twin Valley Place,
and further recommends that a public hearing be set for
April 3, 2017, on the disposal of the property.
RESOLUTION of Intent to vacate and dispose of City
interest in the Old Bellevue Road public right-of-way
easement over and across Lot 1 and Lot 2 of Gudenkauf
Place and Lot 1 and Lot 2 of Twin Valley Place in the City
of Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s), Set Public Hearing for April 3, 2017.
ATTACHMENTS:
Description Type
Vacate Portion of Old Bellevue Road Right of Way- City Manager Memo
MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Notice of Hearing Supporting Documentation
Exhibit Supporting Documentation
Location Map Supporting Documentation
THE CITY OF Dubuque
DUB E i"
1111.
Masterpiece on the Mississippi 2007.2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacate Portion of Old Bellevue Road Right of Way Easement—Tri-State
Shred Building Addition, 2270 Twin Valley Road
DATE: March 7, 2017
In response to a request from Bruce Radtke, President of Tri-State Shred at 2270 Twin
Valley Road, for vacating of a portion of the Old Bellevue Road public right of way
easement across Lots 1 and 2 of Gudenkauf Place and Lots 1 and 2 of Twin Valley
Place in the City of Dubuque, Iowa, City Engineer Gus Psihoyos states that the City has
no plans for the utilization of the public roadway easement to be vacated. City Engineer
Gus Psihoyos recommends approval of the request to vacate and recommends that a
public hearing be set for April 3, 2017, on the disposal of this property.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:sv
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
Dubuque
THE CITY OF Engineering Department
AY Arta aCity
50W.
Dub13"uque,
Street
Dubuque,Iowa 52001
111 Office(563)589-4270
Fax(563)589-4205
Masterpiece on the Mississippi 2012 r www.cityofdubuque.org
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Vacate Portion of Old Bellevue Road Right of Way Easement—Tri-State Shred
Building Addition, 2270 Twin Valley Road
DATE: March 7, 2017
INTRODUCTION
This is in response to a request from Bruce Radtke, President of Tri-State Shred at 2270 Twin
Valley Road, for the vacating of a portion of the Old Bellevue Road public right of way
easement across Lots 1 and 2 of Gudenkauf Place and Lots 1 and 2 of Twin Valley Place in
the City of Dubuque, Iowa.
DISCUSSION
The City holds a public roadway easement in the Old Bellevue Road right of way across Lots 1
and 2 of Gudenkauf Place and Lots 1 and 2 of Twin Valley Place.
Tri-State Shred, the contract buyer of Lot 2 of Gudenkauf Place and Lot 2 of Twin Valley
Place, is planning an addition to the existing building on Lot 2 of Twin Valley Place (2270 Twin
Valley Road) and said addition lies over the Old Bellevue Road right of way easement. Tri-
State Shred has petitioned to vacate the public roadway easement in the Old Bellevue Road
right of way across Lots 1 and 2 of Gudenkauf Place and Lots 1 and 2 of Twin Valley Place in
order to facilitate the construction of the proposed building addition. The adjacent property
owners and all affected utility companies have provided written consent to the proposed
vacation.
The vacating and disposal of interest in said easement is contingent upon the owners of Lots 1
and 2 of Gudenkauf Place and Lots 1 and 2 of Twin Valley Place in the City of Dubuque, Iowa
paying the compensation value of $6,706.16 for the release of said easement in portions as
shown on the exhibit attached to the enclosed resolution.
RECOMMENDATION
The existing Old Bellevue Road right of way easement contains no public utilities and several
private utilities. The private utility companies are working the Tri-State Shred to re-route their
utilities. Tri-State Shred will be granting the utility companies new utility easements to
accommodate this relocation. The existing gravel roadway on Old Bellevue Road will become
a private driveway serving the adjacent properties. Staff is recommending vacation of the
easement across said lots as indicated'on the Exhibit. We are recommending vacating said
easement at a cost of$6,706.16 to be paid by the adjacent land owners.
I would recommend that the public roadway easement in the Old Bellevue Road right of way
across portions of Lots 1 and 2 of Gudenkauf Place and Lots 1 and 2 of Twin Valley Place as
indicated on the attached Exhibit be vacated, and that a public hearing be set for the disposal
of the City's interest in the subject area on April 3, 2017.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and a public hearing should be
set for April 3, 2017 on the disposal of the easement through adoption of the enclosed
resolution.
Prepared by Nate Kieffer, PLS
2
Prepared bv: Nate Kieffer. City of Dubuaue. 50 W. 13th Street. Dubuaue. IA 52001 (563) 589-4270
Return to: Nate Kieffer. City of Dubuaue. 50 W. 13th Street. Dubuaue. IA 52001 (563) 589-4270
RESOLUTION NO. 98-17
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST
IN THE OLD BELLEVUE ROAD PUBLIC RIGHT OF WAY EASEMENT OVER
AND ACROSS LOT 1 AND LOT 2 OF GUDENKAUF PLACE AND LOT 1 AND
LOT 2 OF TWIN VALLEY PLACE IN THE CITY OF DUBUQUE, IOWA
Whereas, Lloyd S. and Lois A. Gudenkauf are the current owners of Lot 1
and Lot 2 of Gudenkauf Place, in the City of Dubuque, Iowa; and
Whereas, Legion -Aires Drum and Bugle Corps is the current owner of Lot
1 of Twin Valley Place, in the City of Dubuque, Iowa; and
Whereas, Mike Stecher Real Estate is the current owner of Lot 2 of Twin
Valley Place, in the City of Dubuque, Iowa; and
Whereas, the City holds a public roadway easement in the Old Bellevue
Road right of way across Lots 1 and 2 of Gudenkauf Place and Lots 1 and 2 of
Twin Valley Place; and
Whereas, Tri-State Shred, the contract buyer of Lot 2 of Gudenkauf Place
and Lot 2 of Twin Valley Place is planning an addition to the existing building on
Lot 2 of Twin Valley Place and where said addition lies over said road right of
way easement; and
Whereas, Tri-State Shred, the contract buyer of Lot 2 of Gudenkauf Place
and Lot 2 of Twin Valley Place has petitioned to vacate the public roadway
easement in the Old Bellevue Road right of way across Lots 1 and 2 of
Gudenkauf Place and Lots 1 and 2 of Twin Valley Place in order to facilitate the
construction of the proposed building addition; and
Whereas, all adjacent land owners and all land owners of interest have
provided to the City written consent to the proposed easement vacation; and
Whereas, all interested private utility owners have provided to the City
written consent to the proposed easement vacation.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque, intends to vacate and dispose of its
interest in the public roadway easement in the Old Bellevue Road right of way
across portions of Lots 1 and 2 of Gudenkauf Place and Lots 1 and 2 of Twin
Valley Place, as shown on the attached Exhibit A.
Section 2. That the City Clerk be and is hereby authorized and directed to
cause a notice of intent to dispose of said interest to be published in the manner
as prescribed by law.
Passed, approved and adopted this 20th day of Marh, 2017.
Attest:
Kevi Firns aht, City erk
Roy D. Buol, Mayor
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will
hold a public hearing on the 3rd day of April, 2017 6:00 p.m. in the Historic Federal
Building, 350 West 6th Street, second floor, Dubuque, Iowa, at which meeting the City
Council proposes to dispose of an interest in the following described real property by
vacate to Tri-State Shred, 2270 Twin Valley Road:
Lot 1 & Lot 2 of Gudenkauf Place & Lot 1 & Lot 2 of Twin Valley Place, in the City
of Dubuque, Iowa
At the meeting, the City Council will receive oral and written comments from any
resident or property owner of said City to the above action. Written comments
regarding the above public hearing may be submitted to the City Clerk's Office, City
Hall, 50 W. 131h Street, on or before said time of public hearing.
Copies of supporting documents for the public hearings are on file in the City Clerk's
Office, and may be viewed during normal working hours.
Any visual or hearing impaired persons needing special assistance or persons with
special accessibility needs should contact the City Clerk's Office at (563) 589-4100 or
TTY 563) 690-6678 at least 48 hours prior to the meeting.
Dated this 24th day of March, 2017.
Kevin S. Firnstahl, CMC
City Clerk
RESOLUTION NO.
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN THE
OLD BELLEVUE ROAD PUBLIC RIGHT OF WAY EASEMENT OVER AND ACROSS
LOT 1 AND LOT 2 OF GUDENKAUF PLACE AND LOT 1 AND LOT 2 OF TWIN
VALLEY PLACE IN THE CITY OF DUBUQUE, IOWA
Whereas, Lloyd S. and Lois A. Gudenkauf are the current owners of Lot 1 and
Lot 2 of Gudenkauf Place, in the City of Dubuque, Iowa; and
Whereas, Legion-Aires Drum and Bugle Corps is the current owner of Lot 1 of
Twin Valley Place, in the City of Dubuque, Iowa; and
Whereas, Mike Stecher Real Estate is the current owner of Lot 2 of Twin Valley
Place, in the City of Dubuque, Iowa; and
Whereas, the City holds a public roadway easement in the Old Bellevue Road
right of way across Lots 1 and 2 of Gudenkauf Place and Lots 1 and 2 of Twin Valley
Place; and
Whereas, Tri-State Shred, the contract buyer of Lot 2 of Gudenkauf Place and
Lot 2 of Twin Valley Place is planning an addition to the existing building on Lot 2 of
Twin Valley Place and where said addition lies over said road right of way easement;
and
Whereas, Tri-State Shred, the contract buyer of Lot 2 of Gudenkauf Place and
Lot 2 of Twin Valley Place has petitioned to vacate the public roadway easement in the
Old Bellevue Road right of way across Lots 1 and 2 of Gudenkauf Place and Lots 1 and
2 of Twin Valley Place in order to facilitate the construction of the proposed building
addition; and
Whereas, all adjacent land owners and all land owners of interest have provided
to the City written consent to the proposed easement vacation; and
Whereas, all interested private utility owners have provided to the City written
consent to the proposed easement vacation.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1 . That the City of Dubuque, intends to vacate and dispose of its interest
in the public roadway easement in the Old Bellevue Road right of way across portions of
Lots 1 and 2 of Gudenkauf Place and Lots 1 and 2 of Twin Valley Place, as shown on
the attached Exhibit A. [On file in the Office of the City Clerk, 50 W. 13th Street,
Dubuque].
Section 2. That the City Clerk be and is hereby authorized and directed to cause
a notice of intent to dispose of said interest to be published in the manner as prescribed
bylaw.
Passed, approved and adopted this 20th day of March, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
1 t 3/24
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LOT 1 O ' NICK
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SEWER EASEMENT
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LOT 2 OF NICK \ WEBER PLACE
LEGEND
• CONCRETE MONUMENT W/STAMPED TRAUSCH
• FOUND 5/8' ROD W/ORANGE CAP #15487
• PLACED 5/8' IRON REROD W/ORANGE
PLASTIC CAP MARKED 'KOELKER 15487'
SURVEYED BOUNDARY UNE
PROPERTY UNE
SUBDIVIDED LINE
— CENTERLINE
--�QW--_ RICHT OF WAY
() RECORD DIMENSION
W/ WWITH
SF SQUARE FEET
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33.00'
EXHIBIT "A"
Release of Public ROW Easement across:
Lot 1 & Lot 2 of Gudenkauf Place &
Lot 1 & Lot 2 of Twin Valley Place,
in the City of Dubuque, Iowa
LOT 1 OF GUDENKAUF PLACE
S 7
846'39•
162, E
ROW
THIS SURVEY 15 LOCATED IN THE SW1/4 OF
SECTION 01, T88N, R2E OF THE 5TH P.M., IN
THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
LOT 2 OF GUDENKAUF PLACE
RELEASE OF PUB
BELL LIC ROW
ako: OLD BELEw�EIGHEMENT FOR:
110,55'
RD (66'
19J� S 7646.39" E 418.12' ROW)
307.57'
0y
•
N 06'02'33" W
69.12'
0' 30' 60' 120'
SCALE: 1" = 60'
S 10'50'13" W
33.00'
fl
LOT 1
15.78
N 78'46'39.
OF TWIN VALLEY PLACE
1
NOTES
393.75' 177.97
LOT 2 OF TWINl VALLEY PLACE
1
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
2 PROPRIETOR OF LOT 1 & LOT 2 OF CUDENKAUF PLACE:
LLOYD 5. & LOIS A. CUDENKAUF 10816 CASCADE DR. DUBUQUE. IA 52003
3. PROPRIETOR OF LOT 1 OF TWIN VALLEY PLACE
LEGION -AIRES DRUM & BUGLE CORPS 2300 TWIN VALLEY DR. DUBUQUE, IA 52003
4. PROPRIETOR OF LOT 2 OF TWIN VALLEY PLACE
MIKE STECHER REAL ESTATE, LLC 2725 SHADY LN DUBUQUE. IA 52001
RANDALL J. & CAROL M. STECHER 1720 ROCKDALE RD. DUBUQUE. IA 52003
5. SURVEYED REQUESTED BY: LLOYD GUDENKAUF.
6. TOTAL AREA OF PERIMETER SURVEYED I5 26,994 SQUARE FEET.
7. THIS PLAT 15 SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD.
�UESIINC.
NG
ENGINEERS AND SURVEYORS
1212 LOCUST
(563)
DRAWN BY: JCH
SURVEY DATE 4/11/16
DWG. NO. 16001-04
DITION NO. 1
LOT 2-3 OF SOUTHPARK A
ST, DUBUQUE, IA
556-4389
CHECKED BY: 1LK
PLOT DALE: 1/10/17
SCALE: 1' = 60'
SHEET 1 OF 1
NAE LOCATION MAP DAGIS
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Masterpiece on the Mississippi
2026
2025 � 1950
2155
LLOY & LOIS GLIDENKALIF PLC.
GUD KAUF
PROP RTY
OLD BELLEVUE RD. R.O.W.
+> _ LOT 1 21 2 EASEMENT AREAS TO BE
GLIDENKALIF PLC. F VACATED TO ADJACENT
LAND OWNERS
=2175
LOT 1
-WIN VALLEY PLC. y
r: LOT 2
2290 2300 TWIN VALLEYPLC. n
DRUM & BUGLE
CORPS
2270
I: PROPERTY MIKE STECHER
PROPERTY
1560 2155
Dubuque County Assessor, City-of Dubuque Assessor
DISCLAIMER:This Information was compiled
(sing the Dubuque A—Area Geographic Information System
DAGIS),which I«,cl,dss data c«sated by both me CIty of Map Prepared by:
Dubuque and Dubuque County. It Is understood that,while
me City of Dobogoe and pa«tidpating agencl e otilAsd me City of Dubuque
It'osteo_t and acco«ats Info«matlon avauable,DAGIS and inch = 00 feet Engineering Division
s supple s do not warrant the acou y oi-currency of the
Info btlon oi-data contained h1sin. The City and participating V V E 50 West 13th Street
agenclssshall not be held liable fo«any dI«ect,Indl«ect,Incidental, Dubuque,Iowa 52001
segoer,tla,,ponitwe,o«special damagss,whsthe«fo«ereeable o«
"fo«eseeable,a«Ising oot of me aotho«Ized o«onaothoi Issd ore of 100 50 0 100 Feet Phone:(563)589-4270
cols data oi_the Inability to a this data oi-out of any h«each of
wa««anty whatsoene« Fax:(563)589-4205