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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 ~' ~F 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 r _ TRANMER _ ~ _ °-~ ",~ . ~~ °r ~ ~° vacE~ses>sse-zaea Enz rFS~ss~~su - www.iiwcngr.com ~ LS 12631 ; >, ; _ ,~,.. ~. ~, - - ~ ~' .` ~ JOH~ M. IttANM R ~ DATES _ u ~ .. ... ,~~~ro .rte-_ DRAWN SAF PLAT N0._ ~ IA-_ Ji1 ~' ~\ CHECKED JMT PROJ. NO. 08733_ //,~~S~~rrr~11AIN1~`\\SJ~\\\ PAGESEOROSHEE S1 COVEREDLBYNHISRSEAWAL DATE SHEET5311/&U8 DATE 02-03-09 SHEET 1 of 2 P: \08\700\733\DRAWlNGS\08733-L1 Page 2 of 2 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