Loading...
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 � Dubuque , YeII11k d �IIIII 2007 300 Feet WE 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 QUARTER OF SECTION LOT 1 MA SON LATE ESTATES (OWNER: MASON 6 FLORINE CATE) NW CORNER LOT 1 -2 -2, SW1 /4, NW1 / SEC.31, T89 SET MAG NA FOUND' X SEIPPEL CITY LOT 1 31,TB9N,R2E OF s'1 EXHIBIT 'A ROAD COMMERCIAL PARK, PLAT 3, OF DUBUQUE, DUBUQUE COUNTY, IOWA. LOT 2 OF LOT 2 OF THE SOUTHWEST QUARTER OF THE NORTHWEST OF THE 5th P.M.,CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. LOT 1. DIAMOND LOT 4• HEIGHTS LOT 2. LOT 3' DIAMOND DIAMOND DIAMOND HEIGHTS STA. 97 + HEIGHTS H EIGHTS 40.00 ' 0.00 ACR 1 4 2 LOT 28' 4 N 8= '01 55'E 452 69 408.45' FOUND STA 97 +51.56 1/2" 502'37 00'E 50.13 SEC.31. T89N. R2E SW CORNER LOT 2- 1- 2 -1 -1-2 SW1 /4, NW1 /4 SEC. 31, T89N, R2E LOT 1- i-2 "1 -1 -2 I r v 50.0. 00 REBAR a S00•18'S4 "E 4 ,S 48.58' ° N87.06'31 04m STA. 97 +02.98 CUT IN CONCRETE I " NO ' 50.00' 89.51' N rn n o VACATE REC. AS: 89.62' ✓ ' 41 °3 N J AREA 1 -1 /4 °D [ MI ' PIPE m (TYP. <Q N STA 9 4 + 97.37 ( N m 50 .00' .4 STA. 9A +97.37 N� i 115.00 0. ...ow?' LOT 1 ACRESrm 8.466 ACRES BE a m w ¢ (TO ACAT ~ •• � "" S 56 TA. 93 +90. m 114 69 z i m ,i 4 ° o = � L 1 z z ' )O r � ' o M T 591/4. NWS /4 �^ ¢ Y�4I SEC.31. T89N, R2E LL u.1.� �0 a S n - N Nr l m z - m 0 i °�H Ci o �,: u1 0 N x l � R SET 1/2" REBAR u #14417L0(TYPAP • LOT 2 0 1.5 575. 9 +00.00 ACRE 50.0 ui �' N ST A. 90 + 07.53 ' '', ' N 50. 00 ON m rn N vv 0 og U ' 0 � o C N "v nS go' Al aNm roomy 01,09.10191. 'AV-. 89 +37 01 . n NNNO. . m ' STA ( w - - 50.00 SW 1/4.Nw1/4 SEC. 31. T R2E - 0 O m l 0 al 0 1 O 1 1 1 1 STA. 9 4 +97. 37 50. TOTAL AREA 10.032 ACRES TOTAL -2.106 ACRES ROAD (EX) 7.926 ACRES NET m O nrn I w � I . - N N C . I 1` .- u'F n N Ou 0 N SE CORNER LOT 1 -2 -2, SW1 /4,NW1/4, SEC. 31, T89N, FOUND 1 -1/4" o '•-1 II .-, -J .< U H _ SIA. 9 0+07.5 3 50.0 P.O.B. W1/4 CORNER SEC.31, T89N, R2E AND THE SW CORNER LT 1-2-2, . NWI /4. SEC SEC. . 3 NWS 31, T89N, FOUND 5/8' REBAR R \ a R2E PIPE ` 89'59 41'W OUND 5/8• S89 "12'28 "W 401.26' REC.AS:NB7 58 56 E g9 +58. REC.A5: '56"E REBAR W/ STA. (589.20'30 "E) CAP #4016 LOT 1-3 O 5 0 . 00 t FORK INOUSTRIA PROPRIETOR: KRESS INDUSTRIAL FACILITY. L.L.C. SURVEY REQUESTED BY: TORY J. KRESS Ym LAND y S VID P. o - / 14417 . IOWA munmmu 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