Excess Right-of-Way - Old Mill Road and Manson RoadTHE CTTY OF
DUB E
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Excess Right-of-Way -Old Mill Road and Manson Road
DATE: February 23, 2009
Dubuque
AN-AtnerN±a Ci111
2007
City Engineer Gus Psihoyos is recommending that a public hearing be set for March 16,
2009, to consider disposition of the City's interest in excess right-of-way purchased for
the reconstruction of Kelly Lane.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micha C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
T'HE CITY OF Dubuque
au
DUB E
Masterpiece on the Mississippi
7 !N
200/
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer ~~
DATE: February 18, 2009
SUBJECT: Excess Right-of-Way -Old Mill Road and Manson Road
INTRODUCTION
This is in response to a request from Rockdale Methodist Church for vacating of
portions of Old Mill Road right-of-way easement and disposing of excess right-of-way
purchased for the reconstruction of Kelly Lane.
DISCUSSION
The attached plat shows the proposed excess right-of-way at the intersection of Kelly
Lane and Manson Road to be vacated. The abutting property is owned by Rockdale
Methodist Church.
The area of excess right-of-way proposed to be vacated and disposed of was part of a
larger purchase in 1996 to accommodate the realignment of Old Mill Road at the Kelly
Lane and Manson Road intersection. The platting of Old Mill Road Place No. 3
reserves a 60-foot right-of-way for Old Mill Road and 50 foot for Manson Road.
Additional right-of-way (Lot B) is reserved for the construction of a future cul-de-sac at
the north end of Manson Road.
The disposal of Lot 1 relieves the City of the responsibility for snow removal and
sidewalk maintenance along approximately 200 feet of Old Mill Road frontage. Lot 1 is
too small for conventional housing. Rockdale Methodist Church has indicated they will
utilize the lot as green space and have been maintaining the area since the
reconstruction.
The area to be vacated is numbered Lot 1 of Old Mill Place No. 3. A 20-foot wide utility
easement will be reserved along the northeasterly line of Lot 1 for existing utilities. Lot
A and Lot B will be retained by the City of Dubuque for right-of-way for Old Mill Road
and Manson Road respectively. An additional roadway easement area for Old Mill
Road abutting said Lot 1 is proposed to be abandoned. However, an easement for
utilities will be reserved in the area of roadway easement abandonment.
The property has been valued at $300 for the cost of processing the vacating.
Rockdale Methodist Church agreed to pay the costs of surveying, platting, publication,
and filing fees.
RECOMMENDATION
The City has no plans for the utilization of Lot 1 of Old Mill Road Place No. 3 and
abutting roadway easement to be vacated, except for reserving the utility easements as
noted.
I would recommend that the area indicated by Lot 1 of Old Mill Road Place No. 3 on the
attached plat be vacated, the abutting roadway easement be abandoned, and that a
public hearing be set for the disposition of the City's interest in the subject area. I would
further recommend that the purchase price be established at $300, plus surveying,
platting, publication, and filing fees.
ACTION TO BE TAKEN
The attached resolution should be submitted to the City Council for consideration to set
a public hearing on March 16, 2009 for the disposition of the City's interest in the
subject area. The purchase price should be established at $300, plus surveying,
platting, publication, and filing fees.
Prepared by Ron Turner, PLS
cc: Don Vogt, Public Works Director
John Klostermann, Street & Sewer Maintenance Supervisor
RESOLUTION NO. 85-09
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST
IN LOT 1 OF OLD MILL PLACE NO. 3 IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA AND ABUTTING OLD MILL ROAD ROADWAY
EASEMENT
Whereas, Rockdale Methodist Church .has requested the vacating and
disposal of portions of Old MiII Road and Manson Road; and
Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to
the City Council a plat showing the vacated portions of excess rights-of-way and
easements of Old Mill Road and Manson Road and assigned a lot number
thereto, which hereinafter shall be known and described as Lot 1 of Old Mill
Place No. 3 in the City of Dubuque, Dubuque County, Iowa, should be approved.
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 Lot 1 of Old Mill Place No. 3 in the City of Dubuque, Dubuque County,
Iowa and abutting Old Mill Road roadway easement as shown on the plat
thereof.
Section 2. That the conveyance of Lot 1 of Old Mill Place No. 3 in the City
of Dubuque, Dubuque County, Iowa, to Rockdale Methodist Church be
contingent upon the payment of $300.00, plus surveying, platting, publication,
and filing fees.
Section 3. The City reserves unto itself a perpetual easement including
the right of ingress and egress thereto, for the purpose of erecting, installing,
constructing, reconstructing, repairing, owning, operating, and maintaining water,
sewer, drainage, gas, telephone, television cable, fiber optics, and electric lines
as may be authorized by the City of Dubuque, Iowa, as shown on the plat of said
Lot 1.
Section 4. That the City Clerk be and is hereby authorized and directed to
cause a notice of intent to vacate and dispose of said real estate to be published
in the manner as prescribed by law.
Passed, approved and adopted this 2nd day of March, 2009.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
__
THE CITY OF Old Mill Road Dub~~uqu~~e
M~QiY
DUB E Vacate Excess ROW ,~ ~ I ~ t
2007
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DISCLAIMER: This information was compiletl
sing the Dubuque Area Geographic Information System
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(DAGIS), which inclutles tlata created by botn the
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Dubuque and Dubuque County. I[ is understood that, while
City of Dubuque
the City pf Dubuque and partcipating agenues utilizetl the
ost current and accurate information available
DAG6 and 1 inch equals 400 feet
Engineering Division
,
It's suppliers tlo not warrant [he accuracy or currency of the W E
50 West 13th Street
information or tlata contained herein. The City and participating
400 200 0 400 Feet
agen ies shall not be neld liable for any direct, indirecq mtmental, DUbUq Ue
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sequential, punitive, or special tlamages, whether foreseeable or
~~ipre same, sing nut of the avthpraed pr unauthpraed nee pf $ ,
Phone: (563) 589-4270
this data or [he Inability [o use this data or out of any breach of
Fax: (563) 589-4205
arranty what:peer
PREPARED BY: lIW ENGINEERS & SURVEYORS P. C, 4155 PENNSYLVANIA AVE, DUBUQUE, IOWA, (563) 556-2464
OLD MILL
LOT B
MANSON
20' R.O.W.
50' R.O.W.
CgENEY
LLER
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LOT 1 8,788 SQ. FT.
LOT A 43,316 SQ. FT.
I C1T R F Rd(1 C(1 FT
NOTE: ENTIRE AREA
OF LOT 1 IS HEREBY
VACATED AS PUBLIC
RIGHT-OF-WAY PER
THIS PLAT.
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PLAT BOUNDARY •
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• FOUND 5/8"IRON ROD W/ ~ \
PLASTIC CAP N0. AS NOTED ~, \
• FOUND 1"IRON PIPE UNLESS NOTED ~ \
~ SET 5/8"IRON ROD W/ CAP X9651
PLASTIC CAP N0. 12631
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( ) RECORD INFORMATION CAP #9651 1
R.O.W. RIGHT-OF-WAY
DESCRIPTION: PART OF MINERAL LOT 508 IN THE CITY OF DUBUQUE, IOWA
AS SHOWN IN ACQUISITION PLAT RECORDED AS INST. N0. 9989-96 IN THE
DUBUQUE COUNTY RECORDERS OFFICE.
NOTE
PROPRIETOR: CITY OF DUBUQUE
THIS SURVEY IS SUBJECT TO EASEMENTS,
SURVEYED FOR: DAVID. HARTIG, JR.
RESERVATIONS, RESTRICTIONS AND
DATE OF SURVEY: NOVEMBER 2008
RIGHTS-OF-WAY OF RECORD AND NOT
TOTAL AREA SURVEYED: 57,7441S.F OF RECORD.
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SURVEYOR UNDER T SURVEYORS, P.C.
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.~ HE LAWS OF THE STATE OF IOWA. 1NTECrtrrr. ExrEEnsE. SOLVilONS.
JOHN M. = FOR IIW ENGINEERS &'SURVEYORS, P.C. amurn.~.u NAZFI OPF.FN.0.7
<I551'EN'NSYI.VANIA AVE. UUBUQVE,IA 33A03
r ~ TRANMER ~ 2 volcecses>ssszaee eAx Isenssn.~au
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'' JOHN M. TRANMER DATE DRAWN SAF PLAT NO. 39-IA-08
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'~?SF` LICENSE N0. 12631 MY LICENSE RENEWAL DATE IS 12/71/2008 CHECKED JMT PROJ. NO. 08733
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11~~ PAGES OR SHEETS COVERED 9Y THIS SEAL SHEETS 1 k 2 08 700 733 DRAWINGS 08733-L1
FINAL PLAT
PLACE N0. 3 IN THE CITY OF DUBUQUE, IOWA
L=59.41'
R=45.00'
d=75'38'36" L=28.55'
CHORD=N58'26'22"E R=45.00'
55.19' D=36'20'46" NORTH
'~ CHORD=N02'26'41"E GRAPHIC SCALE
28.07' 0 100 200
/~ ~y~~y 20' UTILITY EASEMENT
°~ "" PER THIS PLAT
."~ L3 `Ssz L=81.31' 1"=100'
~ ~\?S R=336.56'
6' ~ ~9• DRAWING MAY HAVE BEEN REDUCED
~ LOT 1 ° S\ A 4=13.50'31"
., \\s~ s~,~ 01
S80'4p,37 E \\ F` CHORD=N73'45'21"W
•L1 10811, 81.11' ABANDONED ROADWAY EASEMENT
^T R~ / PT ,OF LOTr2 OF SUB ML 513 & ML 507