Request to Release and Dispose of Easement_Old Bellevue Rd_Tri-State Shred Copyrighted
April 3, 2017
City of Dubuque Public Hearings # 1.
ITEM TITLE: Request to Release and Dispose of Easement- Tri-State
Shred / Old Bellevue Road
SUMMARY: Proof of publication on notice of public hearing to consider
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 the City Manager recommending
approval.
RESOLUTION Disposing 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)
ATTACHMENTS:
Description Type
Vacate Portion foold Bellevue Road Right of Way-MVM City Manager Memo
Memo
Staff Memo Staff Memo
Disposal Resolution Resolutions
Exhibit Supporting Documentation
Release of Easement Supporting Documentation
Exhibit Supporting Documentation
Vicinity Map Supporting Documentation
Proof of Publication Supporting Documentation
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: Vacate Portion of Old Bellevue Road Right-of-Way Easement—Tri-State
Shred Building Addition, 2270 Twin Valley Road
DATE: March 21, 2017
A request has been received from Bruce Radtke, President of Tri-State Shred of 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. The existing Old Bellevue Road right-of-way easement contains no public
utilities and several private utilities. The adjacent property owners and all affected utility
companies have provided written consent to the proposed vacation. Tri-State Shred will
be granting the utility companies new utility easements to accommodate the relocation.
City Engineer Gus Psihoyos recommends approval of the request to vacate for a
purchase price of $6,706.16.
1 concur with the recommendation and respectfully request Mayor and City Council
approval.
6&zn'
Mic ael C. Van Milligen
MCVM Jh
Attachment
cc: Crenna Brumwell, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
Dubuque
THE CEngineering Department
==- Al AmeriCaCity 50 bu e, Street
DUUB � J� Dubuque,Iowa 52001
Office(563)589-4270
Fax(563)589-4205
Masterpiece on the Mississippi 2012 www.cityofdubuque.org
TO: Michael C. Van Milligen, City Manage
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 21, 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.
ACTION TO BE TAKEN
I respectfully request approval of the attached Resolution vacating said easement and
authorizing the Mayor to execute and deliver the attached Release of Easement to the
respective property owners.
Prepared by Nate Kieffer, PLS
2
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
IIIl II IIIII 101 l0II lIIIIl llIIllhIHhIH II1
Doc ID 008616170006 Type GEN
Kind: RELEASE OF EASEMENT
Recorded: 04/06/2017 at 08:56:00 AM
Fee Amt: $32.00 Page 1 of 6
Dubuque County Iowa
John Murphy Recorder
File2017-00003835
Prepared by: 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
RELEASE OF EASEMENT
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.
NOW THEREFORE, for good and valuable consideration, the undersigned, City
of Dubuque, Iowa, does hereby forever release, vacate, abandon and discharge public
road 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 as shown on the attached Release of
Public Right of Way Easement labelled "Exhibit A' to Lloyd S. and Lois A. Gudenkauf,
owners of Lot 1 and Lot 2 of Gudenkauf Place, and to Legion -Aires Drum and Bugle
319)® Uti Ckjiwr
Corps, owner of Lot 1 of Twin Valley Place, and to Mike Stecher Real Estate, owner of
Lot 2 of Twin Valley Place.
Passed, approved and adopted this 3rd day of April, 2 17
t'N_oi !�
Roy D. Buol, Mayor
Attest:
t
Kevin S. (Firnstahl, CMC, City Clerk
State of Iowa )
) ss:
County of Dubuque )
clary
On this 31-4 day of r: \ , 20+3, before me, a Notary Public in and for the
State of Iowa, personally appeared Roy D. Buol and Kevin S. Firnstahl, to me
personally known, and who being by me duly sworn, did say that they are the Mayor
and City Clerk, respectively, of the City of Dubuque, Iowa; that the seal affixed to the
foregoing instrument is the Corporate seal of the City of Dubuque, Iowa, and that said
instrument was signed and sealed on behalf of the said City of Dubuque, Iowa, by
authority of the City Council of said city, and the said Roy D. Buol and Kevin S. Firnstahl
acknowledged the execution of said instrument to be the voluntary act and deed of said
City of Dubuque Iowa, by it voluntary executed
TRISH L. GLEASON
",' Commission Number 719986
*- My Commission Expires
Notary Public in and for the State of Iowa
My Commission Expires / • / • /�
LOT 1 OF NICK
WEBER PLWCE
1
•
•
O
\72"9.1
LOT 2 OF NICK \ WEBER PLACE
\
LEGEND
91E
CONCRETE MONUMENT W/STAMPED TRAUSCH
FOUND 5/8" ROD W/ORANGE CAP 415487
PLACED 5/8" IRON REROD W/ORANGE
PLA51I0 CAP MARKED "KOELKER 15487"
SURVEYED BOUNDARY LINE
PROPERTY UNE
- - - - - - - SUBDIVIDED UNE
- CENTERLINE
ROW RIGHT OF WAY
( ) RECORD DIMENSION
W/ WITH
SF SQUARE FEET
EXISTING STORM
SEWER EASEMENT
\\\
\ \ `
\ \
•
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
33.00'
S 7846'39•
- 184.62•
ROw
N 06'02'33" W
69.12'
0' 30' 60' 120'
SCALE: 1" = 60'
1)
0
0I
110,55.
:3'483 SF
S 7g46,39•
100,52• E
7.270 SF
215
78'
THIS SURVEY IS 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
PUBLIC ROW
aka: OLD gEILEwE HEIGHTS EASEMENT FOR:
S 7846'39' E i66' ROW)
418.12'
30757'
N 7846'39. W
LOT 1 OF TWIN VALLEY PLACE
NOTES
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
2. PROPRIETOR OF LOT 1 & LOT 2 OF GUDENKAUF PLACE:
LLOYD 5. & LOIS A. GUDENKAUF 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 15 26,994 SQUARE FEET.
7. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD.
393, 75'
177, 97
LOT 2 OF TWIN VALLEY PLACE
1131 ASSOCIATES INC.
ENGINEERS AND SURVEYORS
1212 LOCUST ST, DUBUQUE. IA
(563) 556-4389
UESING
DRAWN BY: JCH
SURVEY DATE: 4/11/16
DWG. N0. 16001-04
LOT 2-3 OF SOUTHPARK ADDITION NO. 1
CHECKED BY: TLK
PLOT DATE: 1/10/17
SCALE: 1' = 60'
SHEET 1 OF 1
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Returned to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 131-17.
RESOLUTION DISPOSING 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, pursuant to resolution and published notice of time and place of
hearing, published in the Telegraph Herald, a newspaper of general circulation
published in the City of Dubuque, Iowa on the 24th day of March, 2017, the City Council
of the City of Dubuque, Iowa met on the 3rd day of April, 2017, at 6:00 p.m. in the
Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, to consider the disposal
of City interest in the Old Bellevue Road Public Right of Way Easement over and across
real estate as shown on the attached exhibit labelled "Exhibit A Release of Public Right
of Way Easement" and described as:
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, the City Council of the City of Dubuque, Iowa overruled any and ail
objections, oral or written to the proposal to dispose of City interest in said easement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the release of City of Dubuque interest in the Old Bellevue
Road Public Right of Way Easement across said Lot 1 and Lot 2 of Gudenkauf Place
and Lot 1 and Lot 2 of Twin Valley Place in the City of Dubuque, Iowa, to Lloyd S. and
Lois A. Gudenkauf, Legion -Aires Drum and Bugle Corps, and Mike Stecher Real Estate.
Section 2. That the Mayor be authorized and directed to execute a Release of
Easement, and the City Clerk be and is hereby authorized and directed to deliver said
Release to Lloyd S. and Lois A. Gudenkauf, Legion -Aires Drum and Bugle Corps, and
Mike Stecher Real Estate.
Section 3. That the City Clerk be and is hereby authorized and directed to
record a certified copy of this resolution and Release of Easement in the offices of the
City Assessor, Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 3rd day of April, 2017.
(Roy D. Buol, Mayor
Attest:
Kevin S. Firnstahr, CM , City Clerk
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, Iowa, in the County aforesaid, and as such 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. 131-17 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 4th day of April, 2017.
(SE
Kevi ► Firnstahl, CMC, City Clerk
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Cleric for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: March 24, 2017, and for which the charge is $54.42. 1
F
Subscribed to before me a Notary Public in and for Dubuque County, Iowa,
this day of ,� Pr , 20 V 7
i'
Notary Public in and for Dubuque County, Iowa. Ij
=� MARY .*STERMEYERNumber 154885n Exp,Feb.1,2020
s
u
k
s
s
s
Corps is the current adopted this 20th day
owner of Lot 1 of Twin of M R Y,Buol ,Mayor j
Valley Place m the City
—
of,DubWq ere a, est'Kevin
Mike Firnstahl,City Clerk
CITY OF DUBUQUE,
IOWA" Stecher Real Estate is It 3/24
OFFICIAL NOTICE, the-current'owner of
PUBLIC NOTICE is Lot 2^ofi Twin Valley
hereby given that the ,'Place,in the City of:Au--?
I,City Council of the City buque,Iowa;and
Of Dubuque, Iowa will "Whereas, the City
I 'a public hearing holds a public roadway
on the 3rd„day of April, ''easement in the Old
2017;6.00”p.ml, In"the .Bell evue,Road right of
Histpric Federal Build ��way acrossLots rand l
ing, 350 West 6th 2 of.Gudenkauf Place
Street seconel�fiI IT ! and,Lots 1 and 2 of
" lo'wa 'at .i Twin Valley Place;and. i
��•Dubugue,
which,meeting City Whereas, Tri-State', A
Council proposes "to Shred, the contract
dispose of an:mterest buyer of Lot 2 of
in the following descri- Gudenkauf Place and
bed!real property by Lot 2 of TwIn' Valley
vacate to Tn-State, Place"S planning an
Shred, 2270 Twin Ual addition to the existing
ley Road
building on Lot:2 of 9i
Lot 11.&`Lot 2,of in Dalley Place,and
Gudenkauf Place&Lot, where said addition'
,I,&Lot 2 of Twin Valley;_Ijes over said road
Place,in the City of Du 1, right of-way easement; p
buque,Iowa and Tri Mate
At the meeting, the l Whereas, 1
City Council', will, re Shred, the contract',
ceive oral and written buyer of Lot 2 of'.,
comments from any Gudenkauf Place.and
resident'or f property Lot 2: of Twin Valley,
owner of said it to Place has petitioned to
the above action Wrk_ vacate public road
ten comments regard way easement in the
in the above public Old Bellevue"Road right'
hearing may beL sub- of way across Lots 1
miffed to the CItY and 2 of r Gudenkauf
Clerk's Office, I City Place and`Lots 1 and 2,
Hall,50 W.13th Street, of Twin Valley Place in
on,or before saidAim' order"to,facilitate the
ofpubllc,hearmg. - construction df the
Copies,of^suPP.Qrting proposed.building',ad-
documents,#or the pub dtion and
lit,
ir hearings,are on"fileWhereas,all adjacent
in the°City,Clerk's Of land owners and all
fie'e and may ; be land'owners.of mterest',
viewed,during normal have provided , the
working hours.. City:written consent.,
Any visual or hearing the`,; proposed, ease-
'impaired 'persons meIntvacation;and
needing special assis- Whereas,all interest-
'tance or persons with 'ed private.utility own
special r accessibility ers have provided to i
needs should contact the:,City written con
the City Clerk's Office sent"to the•,proposed .
at (563) 589-4100 or easement vacation =,
TTY 563) 690-6678at NOW THEREFORE,BE ' I
least 48 hours prior to II IT RESOLVED BY THE"
the meeting. CITY'COUNCIL OF THE
Dated this 724th day of CITY WA
OF DUBUQUE, 10 s
March,201 : `
Kevin"'S:Firnstahl,I' -=Section-,1_. That thee '
CMC City Clerk City of Dubuque,
RESOLUTION tends to vacate ,and 9
No.98-17. dispose of its interest{
RESOLUTION Of IN- in the public roadway,J
TENT TO VACATE easement, In the Olde
_pNp DISP. S.E OF Bellevue,Road right of,
CITY INTERE ,
ST IN wa1cross portions of
,THE' OLS-„BELLEVUE Lots” 1 and 2 ofl,
ROAD,RUSLIC,RIGHT Gutlenkauf-',Place and
OF WAY EASEMENT Lots l and.2 of twinOVER','AND.;ACROSS Valley.Place,as shown
LOT I AND LOT 2 OF on the attached Exhibit^
GUDENKAUF PLACE A.[on'file in the Office
AND LOT 1 AND LOT 2 of the City Clerk,50 W
OF TWIN VALLEY 13th Street,Dubuque] ',I
PLACE IN TWE CITY Section2. That-the
OF DUBUQUE,IOWA City Clerk be and:is
Whereas,Lloyd S.and hereby authored and
Lois A. Gudenkauf,are I directed to cause a,no-
the current owners of tice of intent to dls-
Lot, 1 -and Lot;2 of pose of said interest to
Gudenkauf Place, in be published in the
the City of Dubuque, manner as�prescribed
Iowa;and by law.
Whereas, Legion- i Passed,approved and
Aires Drum and Bugle €R
p�p
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BRUCE D. RADTKE
MELISSA K. RADTKE
825 S GRANDVIEW AVE.
DUBUQUE, IA 52003
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DUBUQUE, IA 52001
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LLOYD S GUDENKAUF
10816 CASCADE DRIVE
DUBUQUE, IA 52003
563-590-0093
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