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