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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 \y� LOT 1 O ' NICK WEBER PL' CE 1'o \ \ 13n \\ \ , EXISTING STORM \\ SEWER EASEMENT \ /- 9r` \\\ \ \ `0 \ \ 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 \ \\ 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 li ELE000EAREA G aGKAPIIC INFER-1—SY-H 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