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JF Kennedy Roadway EasementMEMORANDUM September 30, 2003 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Vacating Petition - John F. Kennedy Roadway Easement A request has been received from Grandview Avenue United Methodist Church to vacate a portion of John F. Kennedy Road easement. Public Works Director Mike Koch states that the City has no plans for the utilization of that portion of John F. Kennedy roadway easement, states that the subject property has no utilities, and recommends approval of the request to vacate for the cost of publication and filing fees. It is further recommended that a public hearing be set for October 20, 2003. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Michael A. Koch, Public Works Director TO: FROM: SUBJECT: CITY OF DUBUQUE, IOWA MEMORANDUM September 30, 2003 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Vacating Petition - John F. Kennedy Roadway Easement INTRODUCTION This is in response to an easement request from Grandview Avenue United Methodist Church for the vacating of a portion of John F. Kennedy Road in the City of Dubuque, Iowa. DISCUSSION The attached Exhibit A shows the area of the proposed portion of the John F. Kennedy easement to be vacated. The abutting property is owned by Grand View United Methodist Church. This portion of roadway easement was originally platted in 1909. In 1954 Dubuque County relocated the roadway by shifting it northeasterly and acquired additional easements at that time on the opposite side of the road. The realignment and widening of John F. Kennedy Road last year was taken into account during the platting of the Grand View United Methodist Church property. The Church dedicated additional property to establish a right-of-way line 33 feet from the centerline of the new road. The proposed vacated area lies beyond the 33 feet and has no utilities. The utility companies have been notified and have not objected to this vacating request. RECOMMENDATION The City does not have a need for the subject roadway easement, and I would recommend approval of the request to vacate 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 October 20, 2003, 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. MAK/vjd RESOLUTION NO. 373-03 RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND VACATE A PORTION OF THE JOHN F. KENNEDY ROADWAY AND UTILITY EASEMENT OVER LOT I AND LOT 2 OF BARTON RANDLE ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Grand View United Methodist Church is the current owner of Lot 1 and Lot 2 of Barton Randle Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, an unused roadway and utility easement is currently platted on said lots; and Whereas, Grand View United Methodist Church has petitioned to vacate the easement in said lots. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sec[ion 1. That the City of Dubuque intends to dispose of its interest and vacate a portion of the John F. Kennedy Road roadway and utility easement over Lot 1 and Lot 2 of Barton Randle Addition in the City of Dubuque, 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. Passed, approved and adopted this 6th day of October, 2003. Terrance M. Duggan, Mayor Attest:: Jeanne F. Schneider, CMC, City Clerk /~~ctobe~ ,2003. T'r~ra4nce M. D~ G RANDVIEW AVEN U E UNITED METHODIST CH URCH 419 N. GRANDVIEWAVENUE DUBUQUE, I0WA52001-6332 563-582-8875 FAX563-582-3556 Email ~randview~ubuque~aoLcom and make disciples... Maffhew 28:1 Pastors Rev, Dr. James L. Dot. mn Rev. Penelope M. Thacker Staff Contempora7 Service Coordinator Marie Miller Education Coordinator Grandview P~escflool Director Tina Naaman Youth Minim? Darlene Bowers Choral Director Keith Rippe Christine Koihmane Bell Choir Director Hallie Pa~ Office Sue Lafond, Secretary Office Hours 8:30-Noon & 1:00-5:00 Monday- Friday 11 November 2002 Honorable Mayor and City Council 50 W 13th St. Dubuque IA 52001 Re: Old Roadway easement Dear Mr. Mayor and City Council Members: This letter is wdften to request the vacating a portion of an old roadway easement parallel to John F. Kennedy Road and lying within property of Grandview Avenue United Methodist Church property recanfly platted as Barton Randle Addition. During the surveying and platting process it was discovered that the roadway easement established by plating in 1909 had never Deen vacated, even though the roadway was relocated in 1954. The roadway has been known as Dubuque to Burton's Furnace Road, Muntz Road, Old l'imer's Road, County Road No. 1 and renamed John F. Kennedy Road in 1963. The recent reconstruction of John F. Kennedy Road and platting of Barton Randle Addition has left a portion of the old roadway easement along the southerly side of the road beyond the normal right of way width. We have worked with the Engineering Department establishing and dedicating our proper7 along a line 33 feet from the centedine of the newly reconstructed roadway. This is 12.5 feet behind the new curb. It is our hope that the City Council would release the old unused right of way in order for the Church to properly landscape and develop the area. We will provide the necessary exhibits to Engineering for this process. Thank you for your consideration. Sincerely, Jack Botchers, Chair Board of Trustees Cc: Rev. James Dotso~ NORTH JOHN WESLEY DRIVE VICINITY MAP 5OO GRAPHIC SCALE 0 250 500 ( IN FEET ) I INCH = 500' IOO0 BARONY RD SPRING VALLEY RD '60 L EXHIBIT "l" OUBUOUE Cr~,,Io~k F ~ES ·  o mo ~oo RHAL PLAT ~o,~, ,- ~ ~oo. BARTON RANDLE ADDITION -- IN' THE CITY .OF DUBUQUE, IOWA N~ C~ ~C. lS N~/4 ~R SE~18 MAY, 2~1 *. · 0~: ~RAND~ A~UE UNI~D ' ~- ~ ~ ~ d / ,DUBUQUE, IA '~ ,~ 7/~~ - .. ':LOT C/ -~' ~ ~ ROADWAY ~, LOT 1 ~ ~~ & S~41TARY SE~R ¢ Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. RESOLUTION DISPOSING OF INTEREST AND VACATE A PORTION OF THE JOHN F. KENNEDY ROADWAY AND UTILITY EASEMENT OVER LOT 1 AND LOT 2 OF BARTON RANDLE ADDITION 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 __ day of ., 2003, the City Council of the City of Dubuque, Iowa met on the day of ., 2003, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the release of real estate described as: A Portion of the John F. Kennedy Roadway and Utility Easement on Lot 1 and Lot 2 of Barton Randle Addition 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 A Portion of the John F. Kennedy Roadway and Utility Easement on Lot 1 and Lot 2 of Barton Randle Addition in the City of Dubuque, Iowa as shown on Exhibit A 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 Grand View United Methodist Church upon receipt of the above 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. Passed, approved and adopted this 2003. day of Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, CMC, City Clerk Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RELEASE OF JOHN F. KENNEDY ROADWAY AND UTILITY EASEMENT Whereas, a roadway easement in the NE ¼ of Section 16, T89N, R2E, 5th P.M., now in the City of Dubuque, Iowa, now known as John F. Kennedy Road, was filed in the office of the Recorder of Dubuque County, Iowa, in Book of Lands 3, Page 134; and Whereas, by said plat, the proprietors established a roadway easement in the NE ¼ of Section 16, T89N, R2E, 5th P.M., now in the City of Dubuque, Iowa, which a 66-foot wide roadway easement is set forth and appears on said plat; and Whereas, by the actual location of roadway and utility services shown on said plat, the portion of the easement now in Lot 1 and Lot 2 of Barton Randle Addition 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 a portion of the roadway and utility easement in Lot 1 and Lot 2 of Barton Randle Addition in the City of Dubuque, Iowa, as shown on attached Exhibit A, previously filed in Book of Lands 3, Page 134, 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 in Helen E. and Mary H. Stewart Subdivision in the City of Dubuque, Iowa, filed in the officer of the Recorder of Dubuque County, Iowa, as Book of Lands 3, Page 134. Passed, approved and adopted this day of ,2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk EXHIBIT "A" 0 lO0 SCALE: 1" = 100' iN 2oo FINAL PLAT BARTON RANDLE ADDITION THE CITY:OF DUBUQUE, IOWA MAY, 2001 ' ' O~ER: GRANDViEW AVENUE UNITED PIPE / / / LOT 2 TEMPOR'~RY ROADV~'AY EASEMENT · EASFJ.,IENT FOR WATER MAIN & SANITARY SEWER 2 METHODIST CHURCH OF DUBUQUE, IOW,~ 4-19 N. GRAND'vIEW AVENUE DUBUQUE, IA 52001--6332 / / / r / ? f ' / , / - / ~ ~ / ~ / LOT 1 LOT C ~"^SEMENT~.. S~E SHEET -FOR STORM SEWER o \ \ \ \ \