Excess Right-of-Way - Old Mill Road & Manson Road1°®: The Honorable Mayor and City Council Members
FR®IVI: Michael C. Van Milligan, City Manager
SUBJIECT: Excess Right-of-Way -Old Mill Road and Manson Road
®i41'E: March 4, 2009
A request has been received from Rockdale Methodist Church to vacate a portion of
Old Mill Road right-of-way easement and disposing of excess right-of-way for the
reconstruction of Kelly Lane. City Engineer Gus Psihoyos states that 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. City
Engineer Gus Psihoyos recommends approval of the request to vacate for a purchase
price of $300, plus surveying, platting, publication and filing fees.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
~~ ~.
~a m
Michael. C. Van Milligan
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
A request has been received from Rockdale Methodist Church for vacating of portions
of Old Mill Road right-of-way easement and disposing of excess right-of-way for the
reconstruction of Kelly Lane.
DISCUSSION
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
dedicates a 60-foot right-of-way for Old Mill Road (Lot A) and 50 foot for Manson Road.
Additional right-of-way (Lot B) is dedicated 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 held 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.
~4CTION TO BE TAKEN
The attached plat and resolution vacating the property should be submitted to the City
Council for consideration and approval. 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
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4120
RESOLUTION NO. 104-09
RESOLUTION APPROVING PLAT OF LOT 1 OF OLD MILL PLACE NO. 3 IN
THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, AND ABUTTING OLD MILL
ROAD ROADWAY EASEMENT
Whereas, there has been presented to the City Council of the City of Dubuque,
Iowa, a plat dated the 2nd day of February, 2009 prepared by IIW Engineers &
Surveyors, PC describing vacated portions of excess rights-of-way and easements of
Old Mill Road and Manson Road; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the plat dated the 2nd day of February, 2009 prepared by IIW
Engineers & Surveyors, PC, relative to the real estate hereinabove described be and
the same is hereby approved, and the Mayor and City Clerk be and they are hereby
authorized and directed to execute said plat for and on behalf of the City of Dubuque,
Iowa.
Section 2. That the City Clerk be and is hereby authorized and directed to file
said plat and certified copy of this resolution in the office of the Recorder in and for
Dubuque County, Iowa.
Passed, approved and adopted this 16th day of March, 2009.
fi y
,~°~~` ~'1 ~'
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f.
.' Roy D. Buol, Mayor
Attest:
~~
~~~.
`'Jeanne F. Schneider, CMC, City Clerk
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13'h Street, Dubuque, IA 52001 (563) 589-4270
Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO. 105-09
RESOLUTION VACATING PORTIONS OF EXCESS RIGHTS-OF-WAY AND EASEMENTS
OF OLD MILL ROAD AND MANSON ROAD
Whereas, Rockdale Methodist Church has requested the vacating of portions of excess rights-
of-way and easements of Old Mill 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; and
Whereas, the City Council of the City of Dubuque, Iowa has determined that portions of excess
rights-of-way and easements of Old Mill Road and Manson Road as shown on the Plat of Old Mill
Place No. 3 is no longer required for public use, except for reserving the utility easements as noted,
and vacating of said portions of excess rights-of-way and easements of Old Mill Road and Manson
Road, known as Lot 1 of Old Mill Place No. 3 in the City of Dubuque, Dubuque County, Iowa and
abutting Old Mill Road roadway easement should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real estate described as Lot 1 of Old Mill Place No. 3 in the City of
Dubuque, Iowa, and abutting Old Mill Road roadway easement as shown on the Plat of Old Mill Place
No. 3 be and the same is hereby vacated.
Passed, approved and adopted this 16th
Attest: ~,r
`- ~ /f
day of T'Sarch
2009. ~ ,
r'Roy D. Buol, Mayor
„~,
Kevin S~ tFirnstaYll, As~~'istant City Clerk
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
Return to: Ronald J. Turner, City of Dubuque, 50 W: 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO. 106-09
RESOLUTION DISPOSING OF CITY INTEREST IN LOT 1 OF OLD MILL
PLACE NO. 3 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, 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 this loth day of March , 2009, the City
Council of the City of Dubuque, Iowa met on the 6th day of April , 2009, at
6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West
6th Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real
estate described as:
Lot 1 of Old Mill Place No. 3 in the City of Dubuque, Dubuque County, Iowa
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all
objections, oral or written to the proposal to sell such real estate, except for easement
as noted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque real property described as Lot 1 of
Old Mill Place No. 3 in the City of Dubuque, Dubuque County, Iowa, to Rockdale
Methodist Church be and the same is hereby approved for the sum of $300.00, plus the
cost of surveying, platting, publication, and filing fees. Conveyance shall be by Quit
Claim Deed.
Section 2. The City of Dubuque 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.
Section 3. That the Mayor be authorized and directed to execute a Quit Claim
Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed
of conveyance to Rockdale Methodist Church. upon receipt of the purchase price in full.
Section 4. That the City Clerk be and is hereby authorized and directed to
record a certified copy of this resolution in the offices of the City Assessor, Dubuque
County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 16th day of March ~~ , X009.
Y , a / fF1
.~`,
~{Roy D. Buol, Mayor
Attest:
~_°
Kevin Fi-rnstahl, Assistant City Clerk
PREPARED BY: IIW ENGINEERS & SURVEYORS P.C, 4155 PENNSYLVANIA AVE, DUBUQUE, IOWA, (563) 556-2464
DESCRIPTION: PART OF MINERAL LOT 508 IN THE CITY OF DUBUQUE, IOWA
AS DESCRIBED IN THE 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: 57,744 SQ. FT. OF RECORD.
\`~~Itinliillnrrrrr I HEREBY CERTIFY THAT THIS LAND SURVEYIIJG DOCUMENT WAS PREPARED o
~~`~,\\\ ~ ~ ~~ ~ '//~~~% D ROECTiPERSONAD SUP RE IS OONR ANDATHA RI OR~MED DUL M LI ENS DD LANDY IIti~1T ET'~C]II`~~FER~ L~
~~ v`~~ ~~'' ~' SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. SURV~,YI~I:S, P.C.
~. -~( % INTEGRITY. EXPER"77SE. SOLUTfONS.
JOHN M. =_ FOR IIW ENGINEEP,S & SURVEYQRS, P.C. _ - uuau~uF.lA -AZr~caaerv,wl
_ u 4155 CENNSI`LVAIJIA AVE. UU-UQUF., IA 52002
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SUI~VEY~R'S CERTIFICA'
I, John M. Tramper, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that the
following real estate was siu-veyed and platted by me or under my direct personal supervision, To Wit:
Part of Mineral Lot SOAR as described in the Acquisition Plat recorded as instf^unzent no. 9989-96 in the
Office of the Dubuque County Recorder in the City of Dubuque, Iowa
This survey was performed for the purpose of subdividing and platting said real estate henceforth to be
known as ®Id 1'~Iill Place ICI®. 3 iu tlbe City of Dubuque, I®vva.
Containing 57,7~t4 square feet, more or less, and subject to easements, reservations, restrictions, and
rights-of--way of record and not of record, the plat of which is attached hereto aild made a part of this
certificate. All inonlunents are placed or will be placed within one year from the date this plat is
recorded.
OWNER'S CONSENT
Dubuque, Iowa , 2009
The foregoing plat of Old Mill Place No. 3 in the City of Dubuque, Iowa is made with the free consent
and ui accordance with the desires of the undersigned owners and proprietors of said real estate. Lot A is
hereby dedicated for Old Mill Road street right of way. Lot B is hereby dedicated for Manson Road street
right of way.
FOR THE CITY OF DUBUQUE, IOWA
By
By
Roy D. Buol, Mayor
Jeanne 1?. Schneider, City Clerk
State of Iowa )
ss:
County of Dubuque )
On this day of , 20 ,before me, a Notary Public in and for the County
of Dubuque and State of Iowa, personally appeared Roy D. Buol acid Jeamle r. Schneider, to me
personally lalown who, being duly sworn did say that the said Roy D. Buol is Mayor and the said Jeanne
F. Schneider is City Clerk of the City of Dubuque, Iowa, and that the seal affixed to the above inshument
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 Jeanne F. Schneider acknowledged the execution of said instrument to be the voluntary act
and deed of said City of Dubuque, Iowa, by it voluntarily executed.
Witness my hand and notarial seal on the date last above written.
Notary Public in and for the Said County
My Commission Expires
PLANNING SERVICES
Dubuque, Iowa , 20
The foregoing plat, Old Mill Place No. 3 in the City of Dubuque, Iowa, or within the two mile jurisdictioal
of the City of Dubuque, Iowa, as defined under Section 354 of the Code of Iowa, has been reviewed by
the City Planner, (or designee) of the City of Dubuque in accordance with Chapter 42 of the City of
Dubuque Code of Ordinances, and said approval has been endorsed herein on the date first written above.
Planning Services Division
City of Dubuque, Iowa
City Planner
CITY COUNCIL
Dubuque, Iowa , 20
The undersigned, Mayor and Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing plat
in the City of Dubuque, Iowa, has been filed in the office of the Clerk of the City of Dubuque, and that by
Resolution No. the Dubuque City Council approved said plat.
Roy D. Buol
Mayor of the City of Dubuque
Jeanne F. Schneider
Clerk of the City of Dubuque
COUNTY AUDITOR
Dubuque, Iowa , 20_
The foregoing plat was entered of record in the office of the Dubuque County Auditor this
day of , 20
We approve the subdivision name or title to be recorded.
County Auditor of Dubuque County, Iowa
CITY ASSESSOR
Dubuque, Iowa , 20_
The foregoing plat was entered of record in the office of the Dubuque City Assessor this
day of , 20.
City Assessor of Dubuque, Iowa
RECORDER'S CERTIFICATE
Dubuque, Iowa , 20
The foregoing plat of Old Mill Place No. 3 in the City of Dubuque, Iowa has been reviewed by the
Dubuque County Recorder.
Recorder of Dubuque County, Iowa