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
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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
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*Amin City
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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