Vacating Petition_Seippel Road (Kress)Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacating Petition - Seippel Road
DATE:. February 23, 2010
Dubuque
PHAinkadly
2007
In response to a request from Toby Kress, representing Kress Industrial Facility, LLC, to
vacate and release excess right -of -way easement along Seippel Road, City Engineer
Gus Psihoyos states that the City has no need for the excess roadway easement and
the utility companies have been notified of this vacating request and have not requested
any part of the proposed vacate area be reserved for easements. City Engineer Gus
Psihoyos recommends approval of the request to vacate for the cost of publication and
filing fees, and recommends that a public hearing be set for March 15, 2010, on the
disposal of this property.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
Michael C. Van Milligen
Masterpiece on the Mississippi
TO:
FROM: Gus Psihoyos, City Engineer
DATE: February 19, 2010
SUBJECT: Vacating Petition — Seippel Road
INTRODUCTION
This is in response to a request from Toby J. Kress, representing Kress Industrial Facility, LLC,
for the vacating and release of excess right -of -way easement along Seippel Road in the City of
Dubuque, Iowa.
DISCUSSION
Michael C. Van Milligen, City Manager
Dubuque
ktilliftill
AN- America City
' iIIi ,
2007
The attached Exhibit A shows the area of the proposed excess roadway easement to be
vacated.
Kress Industrial Facility, LLC, is the current owner of Lot 1 of Seippel Road Commercial Park,
Plat 3 in the City of Dubuque, Iowa. Additional easement area for the reconstruction of Seippel
Road was purchased from James and Doris Graf in 1998. Subsequent sale and grading of this
lot by Kress Industrial Facility, LLC has eliminated the need for excess right -of -way, shown on
Exhibit A, for construction or maintenance purposes for Seippel Road. The remaining roadway
right -of -way line is established at 50 feet from the centerline of the existing pavement. This
remainder is platted as Lot 2 of Seippel Road Commercial Park, Plat 3, which the owner has
agreed to dedicate to the City for street purposes.
The utility companies have been notified of this vacating request and have not requested any
part of the proposed vacate area to be reserved for easements.
RECOMMENDATION
The City does not have a need for the excess roadway easement, and I would recommend
approval of the request to vacate and release the easement as shown on the attached Exhibit
A. I would further recommend that the vacating of the easement be set for public hearing on
March 15, 2010, for the cost of publication and filing fees.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and a public hearing should be
scheduled on the disposal of the property through adoption of the enclosed resolutions.
Prepared by Ron Turner, PLS
THE CITY OF
DUB
Masterpiece on the Mississippi
DISCLAIMER: This information was compiled
using the Dubuque Area Geographic Information System
(DAGIS), which Includes data created by both the City of
Dubuque and Dubuque County. It Is understood that, while
the City of Dubuque and participating agencies utilized the
most current and accurate Information available, DAGIS and
Its suppliers do not warrant the accuracy or currency of the
information or data contained herein. The City and participating
agencies shall not be held liable for any direct, Indirect, Incidental,
consequential, punitive, or special damages, whether foreseeable or
unforeseeable, arising out of the authorized or unauthorized use of
this data or the inability to use this data or out of any breach of
warranty whatsoever.
300
1 inch = 300 feet
150 0
Seippel Road
Vacate Easement
Vicinity Map
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Dubuque
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300 Feet
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Map Prepared by: TWI(
City of Dubuque
Engineering Division
50 West 13th Street
Dubuque, Iowa 52001
Phone: (563) 589 -4270
Fax: (563) 589 -4205
H: \Engineering\Maps for Staff
\Ron Tumer\Vicinity Maps
Prepared by: SCHNEIDER Land Surveying and Planning, Inc. P.O.Box 128 Farley, Iowa 52046 Ph #563- 744 -3631
A DIVISION OF
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PROPRIETOR:
KRESS INDUSTRIAL
FACILITY. L.L.C.
SURVEY REQUESTED BY:
TORY J. KRESS
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LAND
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VID P. o
- / 14417
.
IOWA
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I hereby cer SOUTH
ify that this was
prepared and the related survey work was performed
by me or under my direct personal supervision and that
I am a duly licensed Land Surveyor under the laws of
the State of Iowa.
SCHNEIDER
Land Surveying
Planning, Inc.
P.O. Iow 12 HNEIDER y
Farley. Iowa 6
744 -3631
Fax 563 - 744 - 3629
David P. Schneider P.L.S. #14417 Date:
My license renewal date is December 31. 2009.
Pages or sheets covered by this seal: THIS SHEET ONLY
Project: 1155EXH
Date: 1/23/2008
Sheet: 1 of 1
RESOLUTION NO. 64-10
RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND VACATE ROADWAY
EASEMENT OVER LOT 1 OF SEIPPEL ROAD COMMERCIAL PARK PLAT 3 IN THE CITY
OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Kress Industrial Facility, LLC is the current owner of Lot 1 of Seippel
Road Commercial Park Plat 3 in the City of Dubuque, Dubuque County, Iowa; and
Whereas, an easement for public highway is currently platted on said lot; and
Whereas, Kress Industrial Facility, LLC has petitioned to vacate the excess
roadway easement in said lot.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to dispose of its interest and vacate
excess roadway easement for public highway over Lot 1 of Seippel Road Commercial
Park Plat 3 in the City of Dubuque, Dubuque County, Iowa, 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 be published as prescribed under Section 364.7 Code of Iowa, 1999
or amended.
Atte t:
Passed, approved and adopted this
anne F. Schneider, CMC, City Clerk
Roy D. Buol, Mayor
January 23, 2008
Honorable Mayor and City Council
50 West 13 Street
Dubuque, IA 52001 -4845
RE: Vacate City Property
Dear Mayor and Council Members:
This letter is written to inquire about the possibility of purchasing a portion of a
city street/alley abutting my property at 900 Seippel Road. We plan to use the
vacated property for the rental of storage facilities.
We have contacted the City Engineering Department and they have indicated a
favorable condition for the vacating but may need easements reserved for
utilities. We understand that the vacated area would need to be surveyed and
platted at our expense and a fee paid for the parcel, plus publication and filing
fees. Please call me at 563- 213 -1867, if you have questions.
Thank you for your consideration of this request.
Toby Kress
Kress Industrial Facility, L.L.C.
12998 English Mill Road
Dubuque, Iowa 52003