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
/ /
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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
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LOT C
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