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Cox Street Vacate_Release of EasementMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Cox Street - Loras College Deed DATE: August 31, 2010 MCVM:jh Attachment Michael C. Van Milligen Dubuque All4medcaCity 11111f 2007 At the August 2, 2010 Council meeting, a plat of Lot 1A of City Lot 741 was approved by City Council for the vacating and disposal of to Loras College. Upon examination of the recorded plats for this area by the County Auditor, it was discovered that this portion of Cox Street had never been dedicated as public right -of -way for street purposes, but only had been shown as right -of -way on a subdivision plat of an abutting parcel in 1910. Subsequent mapping has always shown a 60 -foot right -of -way for Cox Street. However, abutting lot lines run to the center of the street indicating that a street right -of -way was never platted. Based upon the history of the usage of Cox Street by the public, the City has an easement by prescription for the 60 -foot street right -of -way. The County Auditor and Recorder have stated that a release of easement will be required rather than a deed. In order to complete the transaction with Loras College, an easement exhibit and Release of Easement have been prepared which is the identical area of the approved plat of Lot 1A of City Lot 741. This easement exhibit will be attached to the Release of Easement and will be accepted by the County Auditor and Recorder. City Engineer Gus Psihoyos recommends City Council approval of the Release of Easement making reference to the vacated area of Cox Street and authorization for the document to be recorded upon receipt of the required fees from Loras College. I concur with the recommendation and respectfully request Mayor and City Council approval. cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Masterpiece on the Mississippi RECOMMENDATION Dubuque Al- Amsecacnr 111 1! 2007 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Cox Street — Loras College Deed DATE: August 27, 2010 INTRODUCTION This is a follow -up to the vacating of Cox Street from Loras Boulevard to West 17 Street concerning the platting and wording in the Quit Claim Deed to Loras College. DISCUSSION At the August 2, 2010 Council meeting, a plat of Lot 1A of City Lot 741 was approved by City Council for the vacating and disposal of to Loras College. Upon examination of the recorded plats for this area by the County Auditor, it was discovered that this portion of Cox Street had never been dedicated as public right -of -way for street purposes, but only had been shown as right -of -way on a subdivision plat of an abutting parcel in 1910. Subsequent mapping has always shown a 60 -foot right -of -way for Cox Street. However, abutting lot lines run to the center of the street indicating that a street right -of -way was never platted. Based upon the history of the usage of Cox Street by the public, the City has an easement by prescription for the 60 -foot street right -of -way. The County Auditor and Recorder have stated that a release of easement will be required rather than a deed. In order to complete the transaction with Loras College, an easement exhibit and Release of Easement have been prepared which is the identical area of the approved plat of Lot 1A of City Lot 741. This easement exhibit will be attached to the Release of Easement and will be accepted by the County Auditor and Recorder. The City Attorney has reviewed the Release of Easement which makes reference to an easement exhibit prepared by IIW Engineers & Surveyors, PC for the identical area of Cox Street vacated and disposed of to Loras College on August 2, 2010. ACTION TO BE TAKEN The Release of Easement making reference to the vacated area of Cox Street should be signed by the Mayor and recorded upon receipt of the required fees from Loras College. cc: Barry Lindahl, City Attorney Ron Turner, PLS Attach. Prepared by: Ronald J. Turner, PLS, City of Dubuque, 50 W. 13th Street, Dubuque, IA (563) 589 -4270 Return to: Jeanne Schneider, City Clerk, City of Dubuque, 50 W. 13th Street, Dubuque, IA (563) 589 -4270 RELEASE OF EASEMENT Whereas, a plat of Out Lot 742 (aka City Lot 742) in the City of Dubuque, Iowa, indicating a 60 -foot wide right -of -way for Cox Street from Loras Boulevard to West 17 Street was filed on May 16, 1910 in Plat Book 6, Page 157; and Whereas, the public has used Cox Street from Loras Boulevard to West 17 Street as a public roadway and utility corridor since prior to 1910; and Whereas, no formal dedication or acceptance of Cox Street from Loras Boulevard to West 17 Street can be found on any recorded or City documents; and Whereas, the City Council of the City of Dubuque has vacated this portion of Cox Street from Loras Boulevard to West 17 by Resolution No. 291 -10 on August 2, 2010; and Whereas this portion of Cox Street from Loras Boulevard to West 17 Street encroaches on the following described properties: • Lot 1 and 2 of Out Lot (City Lot) 742; • Lot 1 of Out Lot (City Lot) 741; • Lot 2 of Mineral Lot 90; and • Lot 2 of Mineral Lot 91. Whereas, a plat of the area of Cox Street from Loras Boulevard to West 17th was approved by City Council by Resolution No. 290 -10 on August 2, 2010, describing the area of Cox Street from Loras Boulevard to West 17 Street as Lot 1A of City Lot 741 in the City of Dubuque, Dubuque County, Iowa; and Whereas, a public hearing was held on August 2, 2010, at the Historic Federal Building Council Chambers (second floor), 350 West 6 th Street, Dubuque, Iowa, disposing of said Lot 1A of City Lot 741; and Whereas, Dubuque County Recorder's Office required a Release of Easement in place of the plat of Lot 1A of City Lot 741. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. For valuable consideration, the undersigned, City of Dubuque, Iowa, does hereby forever release, vacate, abandon, and discharge the sixty (60) -foot roadway easement for Cox Street from Loras Boulevard to West 17 Street as shown on attached Exhibit A in accordance with Resolution Nos. 291 -10 and 292 -10 approved and adopted on August 2, 2010. 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, fiber optics, gas, telephone, television cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the attached Exhibit. Section 3. That the construction, reconstruction, repair and maintenance of the street, sanitary sewer, retaining walls, and watermain on the portion of Cox Street from Loras Boulevard to West 17 Street became the responsibility of Loras College on August 2, 2010. Section 4. That a corridor in the Vacated Easement Area shall remain open to function as a Fire Apparatus Access Road, as classified by the International Fire Code, with a minimum roadway width of 24 feet at all times. The corridor shall also remain open at all times for utility service vehicles for construction and maintenance of existing or new utilities and for emergency response for personnel and vehicles, including all reasonable requirements established and set forth by City of Dubuque by law enforcement and fire safety officials. Section 5. That the Mayor be authorized and directed to execute this Release of Easement, and the City Clerk be and is hereby authorized and directed to deliver said Release of Easement to Loras College upon receipt of the purchase price in full. Section 6. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution and the Release of Easement in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. 2010. Passed, approved and adopted this 7th day of September eanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor ACCEPTANCE OF RELEASE OF EASEMENT Loras College hereby accepts and agrees to the foregoing terms of the disposition of the property, specifically: 1. Loras College shall pay to the City of Dubuque $50,000.00, plus platting, publication, and filing fees within 30 days of a statement from City. 2. The construction, reconstruction, repair and maintenance of the street, sanitary sewer, retaining walls, and watermain on the portion of Cox Street from Loras Boulevard to West 17 Street became the responsibility of Loras College on August 2, 2010. 3. Loras College agrees that an access corridor in the Vacated Easement Area shall remain open at all times to function as a Fire Apparatus Access Road, as classified by the International Fire Code, with a minimum roadway width of 24 feet at all times. 4. Loras College agrees that the 24 -foot wide corridor shall also remain open for utility service vehicles for construction and maintenance of existing or new utilities and for emergency response for personnel and vehicles, including all reasonable requirements established and set forth by City of Dubuque by law enforcement and fire safety officials. LORAS COLLEGE By: James E. Collins, President PREPARED BY: IIW ENGINEERS & SURVEYORS P.C. 4155 PENNSYLVANIA AVE. DUBUQUE. IOWA, 563556.2464 EXHIBIT A VACATING AN EASEMENT FOR PUBLIC RIGHT -OF -WAY ALONG COX STREET FROM LORAS BOULEVARD TO WEST 17TH STREET IN THE CITY OF DUBUQUE, IOWA LORAS COLLEGE PLACE LOT 2 MINERAL LOT 91 CAP NO. 7771 NW COR. LOT 15 KRINGLE'S SUB .SIInIIIIIIIIIiIIII13.. NORTH LOT 2 MINERAL LOT 90 cA GRAPHIC SCALE 0 100 200 1" =100 DRAWING MAY HAVE BEEN REDUCED CAP NO. 7771 SE COR. LOT 18 CAP NO. 4850 60 5a 8 , 4 5 W 51 2.49 SUB. OF MIN. LOTS 89 & 90 LOT 2 CITY LOT 742 VACATED EASEMENT AREA CAP NO. 12631 2 - . N - 12 .45 o�AS � Pip NO CAP NE COR. LOT 11 YATES SUB. DESCRIPTION A 60 -FOOT WIDE VACATED STRIP OF COX STREET OVER PARTS OF LOT 1 OF CITY LOT 741, LOTS 1 & 2 OF CITY LOT 742, LOT 2 OF MINERAL LOT 90, AND LOT 2 OF MINERAL LOT 91 ALL IN THE CITY OF DUBUQUE, IOWA NOTE EASEMENTS ARE HEREBY RESERVED AS PER CITY COUNCIL RESOLUTION NO. 291 -10 NOTE THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS -OF -WAY OF RECORD AND NOT OF RECORD. NOTE THE VACATED AREA INDICATED HEREON IS INTENDED TO BE THE SAME AREA SHOWN ON THE PLAT OF LOT 1A OF CITY LOT 741 APPROVED BY CITY COUNCIL BY RESOLUTION NO. 290 -10 AND VACATED BY RESOLUTION NO. 291 -10 ON AUGUST 2, 2010 LEGEND QZ VACATED AREA FOUND 5/8 " IRON ROD • WITH CAP AS NOTED • FOUND 1" IRON ROD ( ) RECORD INFORMATION ROW RIGHT -OF -WAY LOT 3 CITY LOT 741 PROPRIETOR: LORAS COLLEGE SURVEYED FOR: LORAS COLLEGE DATE OF SURVEY: AUGUST, 2010 VACATED AREA: 1.224 ACRES 53,338 S0. FT. IIW ENGINEERS & SURVEYORS, P.C. INTEGRITY. EXPERTISE. SOLUTIONS, IRSR1g11RN En&aEEEM.VI 6133 ?ROISSYLVANIA AVE. DUBUQUE, IA 33003 VOICE (363)1564,14 1■13 OS) 1%6.111I m..Ewwnaw DRAWN ARC PLAT NO. 40 —IA -10 CHECKED JMT PROD. NO. 06128 -01 DATE 08 -24 -10 SHEET 1 of 1 P: \06 \128 \128 -01 \06128 -01 \DWG \06128 -01E Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA (563) 589 -4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA (563) 589 -4270 RESOLUTION NO. 290 -10 APPROVING THE PLAT OF PROPOSED VACATED PORTION OF COX STREET FROM LORAS BOULEVARD TO WEST 17 STREET Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 14 day of May, 2010, prepared by IIW Engineers & Surveyors, PC, describing the proposed vacated portion of Cox Street from Loras Boulevard to West 17 Street; 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 14 day of May, 2010, 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. 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, fiber optics, gas, telephone, television cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey of Lot 1A of City Lot 741 in the City of Dubuque, Dubuque County, Iowa. Section 3. 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. Attest: Passed, approved and adopted this 2nd day of Au• st , 2010. eanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor PLAT OF SURVEY LOT 1A OF CITY LOT 741 IN THE CITY OF DUBUQUE, IOWA 'gyp CAP NO. 7771 5� NO CAP \ 6 s \KRI GOLE'SLSUB.S CAP NO. 7771 " - NE COR. LOT 11 YATES SUB. SE COR. LOT 18 LORAS COLLEGE PLACE \o LOT 2 MINERAL LOT 91 _.Intl IIII���IIIIIim... NORTH \ '1 2" E- GRAPHIC SCALE 0 100 200 1"=100' DRAWING MAY HAVE BEEN REDUCED LEGEND PLAT BOUNDARY FOUND 5/8" IRON ROD • AS NOTED O SET 5/8" IRON ROD W/ PLASTIC CAP NO. 12631 RECORD INFORMATION ROW RIGHT -OF -WAY l 2x512 E. DESCRIPTION: A 60 -FOOT WIDE VACATED STRIP OF COX STREET LYING WESTERLY OF AND ADJACENT TO LOT 1 OF CITY LOT 741 AND LOTS 1 & 2 OF CITY LOT 742 IN THE CITY OF DUBUQUE, IOWA PROPRIETOR: CITY OF DUBUQUE SURVEYED FOR: LORAS COLLEGE DATE OF SURVEY: MAY, 2010 TOTAL AREA SURVEYED: 1.224 ACRES 40 : stn 1 0° LOT 1 \ CITY . LOT \ 742 c LOT 2' MINERAL LOT 90 0 °T CAP NO. ' 4650 LOT 2 CITY LOT 742 36 o. CITY LOT 741 \5- Z4 y��w LOF nd 600-' 1" IRON °) CAP NO. 1" IRON ROD ..-akg 0 126 ROD -. -* 9 a; g 8 , SUB. OF S - 1 2 - .49 MIN. LOTS 89 & 90 \ L CITY OT 2 LOT 1 \ LOT 741 \ LOT 3 \ CITY \ ,\ LOT 741 \ \ POINT OF \ BEGINNING `64 30° SET NAIL PS A0‘3\-5-‘11g° 0 PRO NOT LOT to OF CITY LOT 741 IS HEREBY RESERVED AS A PUBLIC UTILITY EASEMENT NOTE THIS SURVEY IS SUBJECT TO EASEMENTS. RESERVATIONS, RESTRICTIONS AND RIGHTS -OF -WAY OF RECORD AND NOT OF RECORD. ,,, \`0' N,, Wq JOHN M. TRANMER LS 12631 - '! y Sfa X L A N D 'W. NX1 6 0115 "` I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORN WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT 1 AM A OULY UCENSEO LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. fOR IIW ENGINEERS @ SURVEYORS. P.C. JOHN u. TR. , 46 UCENSE NO 12631 MY UCENSE RENEWAL DATE IS 12/31/2010 PACES OR SHEETS COVERED BY THIS SEAL IlW ENGINEERS & SURVEYORS, P.C. INTEGRITY. EXPERTISE. SOT.UDao. gAVQVEN RAUL4A®I.Ri 4157 P 06SYLVANM AVE ITUB000E1.4 12002 VOICE 04IX 3%'601 FAX ASUM134TF11 W W W.RWmPals DRAWN ARC CHECKED JMT DATE 05 -14 -10 PLAT NO. 37 -IA -07 PROJ. NO. 06128 -01 SHEET 1 of 2 P: \06 \128 \128 -01 \06128 -01 \DWG \ 06128 -01 PLJ PREPARED BY IIW ENGINEERS Sc SURVEYORS P.C. 4155 PENNSYLVANIA AVE. DUBUOUE. IOWA. 553.555.2454 T Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13 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. 291-10 VACATING A PORTION OF COX STREET FROM LORAS BOULEVARD TO WEST 17 STREET Whereas, Loras College has requested the vacating of a portion of Cox Street from Loras Boulevard to West 17 Street; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated portion of Cox Street from Loras Boulevard to West 17 Street and assigned a lot number thereto, which hereinafter shall be known and described as Lot 1A of City Lot 741 in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that that portion of Cox Street from Loras Boulevard to West 17 Street shown as Lot 1A of City Lot 741 is no longer required for public use, except for utility easements as noted on said plat, and vacating of said portion of the plat of Cox Street from Loras Boulevard to West 17 Street, known as Lot 1A of City Lot 741 in the City of Dubuque, Dubuque County, Iowa 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 1A of City Lot 741 in the City of Dubuque, Iowa, be and the same is hereby vacated. 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, fiber optics, gas, telephone, television cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey of Lot 1A of City Lot 741 in the City of Dubuque, Dubuque County, Iowa. Passed, approved and adopted this 2nd day of Augu t 2010. Attest: _li eanne F. Schneider, CMC, City Clerk D. Buol, Mayor Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA (563) 589 -4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA (563) 589 -4270 RESOLUTION NO. 292 -10 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 1A OF CITY LOT 741 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 23 day of August, 2010, the City Council of the City of Dubuque, Iowa met on the 2 day of August, 2010, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 1A of City Lot 741 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 1A of City Lot 741 in the City of Dubuque, Dubuque County, Iowa, to Loras College be and the same is hereby approved for the sum of $50,000.00, plus the cost of 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, fiber optics, gas, telephone, television cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey of Lot 1A of City Lot 741 in the City of Dubuque, Dubuque County, Iowa. Section 3. That the construction, reconstruction, repair and maintenance of the street, sanitary sewer, retaining walls, and watermain on the portion of Cox Street from Loras Boulevard to West 17 Street become the responsibility of Loras College on the date of the resolution approving the disposal of said Lot 1A. Section 4. That a corridor in Lot 1A shall remain open to function as a Fire Apparatus Access Road, as classified by the International Fire Code, with a minimum roadway width of 24 feet at all times. The corridor shall also remain open at all times for utility service vehicles for construction and maintenance of existing or new utilities and for emergency response for personnel and vehicles, including all reasonable requirements established and set forth by City of Dubuque by law enforcement and fire safety officials. Section 5. 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 Loras College upon receipt of the purchase price in full. Section 6. 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. 2010. Attest: Passed, approved and adopted this 2nd eanne F. Schneider, CMC, City Clerk day o August Roy D. BLoI, Mayor ACCEPTANCE OF RESOLUTION Loras College hereby accepts and agrees to the foregoing terms of the disposition of the property, specifically: 1. Loras College shall pay to the City of Dubuque $50,000.00, plus platting, publication, and filing fees within 30 days of a statement from City. 2. The construction, reconstruction, repair and maintenance of the street, sanitary sewer, retaining walls, and watermain on the portion of Cox Street from Loras Boulevard to West 1 7 th Street shall become the responsibility of Loras College on the date of the resolution approving the disposal of said Lot 1A. 3. Loras College agrees that an access corridor in Lot 1A shall remain open at all times to function as a Fire Apparatus Access Road, as classified by the International Fire Code, with a minimum roadway width of 24 feet at all times. 4. Loras College agrees that the corridor shall also remain open for utility service vehicles for construction and maintenance of existing or new utilities and for emergency response for personnel and vehicles, including all reasonable requirements established and set forth by City of Dubuque by law enforcement and fire safety officials. LORAS COLLEGE By: mes E. Collins, President t