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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: March 8, 2010 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 and that the purchase price be established at the cost of publication and filing fees. 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 Dubuque bltd All- America City 2007 Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer DATE: March 5, 2010 SUBJECT: Vacating Petition — Seippel Road INTRODUCTION DISCUSSION RECOMMENDATION Dubuque bfriti *Amin City 1 I r 2007 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. 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. The City does not have a need for the excess roadway easement, and I would recommend that a public hearing be set on March 15, 2010, to approve the vacate and release the easement over Lot 1 of Seippel Road Commercial Park Plat 3 as shown on the attached Exhibit A. I would further recommend that the purchase price be established at 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 resolution. Prepared by Ron Turner, PLS Whereas, an Easement for Public Highway was filed in the office of the Recorder of Dubuque County, Iowa, as Instrument No. 14187 -98; and Whereas, by said plat, the proprietors granted to Dubuque County, Iowa, an easement for highway purposes now in the City of Dubuque, Iowa, which said easement now lies in Lot 1 of Seippel Road Commercial Park Plat 3; and Whereas, by the actual location of all utility services and the roadway construction, the easement in Lot 1 of Seippel Road Commercial Park Plat 3 as shown on attached Exhibit A is no longer required. NOW, THEREFORE, for valuable consideration, the undersigned, City of Dubuque, Iowa, does hereby forever release, vacate, abandon, and discharge that portion of roadway easement shown on attached Exhibit A in Lot 1 of Seippel Road Commercial Park Plat 3 in the City of Dubuque, and filed as Instrument No. 14187 -98, in the office of the Recorder of Dubuque County, Iowa; however, this Release in no way releases, vacates, abandons, or discharges any other easement shown on the Easement for Highway Purpose filed in the officer of the Recorder of Dubuque County, Iowa, as Instrument No. 14187 -98. Atte Passed, approved and adopted this day of , 2010. eanne F. Schneider, CMC, City Clerk RELEASE OF EASEMENT Roy D. Buol, Mayor Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 RESOLUTION NO. 84 -10 RESOLUTION DISPOSING OF INTEREST AND VACATE AN EXCESS EASEMENT FOR PUBLIC ROADWAY OVER LOT 1 OF SEIPPEL ROAD COMMERCIAL PARK PLAT 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 5th day of March , 2010, the City Council of the City of Dubuque, Iowa met on the 15th day of March , 2010, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Excess Roadway Easement for Public Highway on Lot 1 of Seippel Road Commercial Park Plat 3 in the City of Dubuque, Dubuque County, Iowa, as shown on the attached Exhibit A Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to dispose of interest of the City of Dubuque, Iowa, in the hereinabove described real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the disposal of the interest of the City of Dubuque, Dubuque County, Iowa, in real property described as excess roadway easement for public highway on Lot 1 of Seippel Road Commercial Park Plat 3 in the City of Dubuque, Iowa, be and the same is hereby approved for the cost of publication and filing fees. Section 2. That the Mayor be authorized and directed to execute a Release of Easement, and the City Clerk be and is hereby authorized and directed to deliver said Release to Toby J. Kress upon receipt of the publication and filing fees. Section. 3. 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. Attest: Passed, approved and adopted this 15th day of Maych , 2010. eanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor