JF Kennedy Rd Ease Vacate ChurcMEMORANDUM
October 14, 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.
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
MEMORANDUM
October 13, 2003
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director~ ~.~ ~
Vacating Petition - John F. Kennedy Roadway Easement
A request has been received from Grandview Avenue United Methodist Church
for the vacating of a portion of John F. Kennedy Road in the City of Dubuque.
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. The City does not have a need for the
subject roadway easement.
I recommend that the public hearing be held on the vacating of a portion of the
John F. Kennedy Roadway and utility easement over Lot 1 and Lot 2 of Bari(on
Randle Addition in the City of Dubuque, Dubuque County, Iowa, for the cost of
publication and filing fees.
cc: Ronald J. Turner, PLS
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO. 407-03
RESOLUTION DISPOSING 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, 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 10th day of October, 2003, the City
Council of the City of Dubuque, Iowa met on the 20th day of October, 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 wdtten 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.
Terra'ce M. Duggan, Mayoir
Attest:
Jeanne F. Schneider, CMC, City Clerk
Prepared by: Ronald J. Tumer, 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 ',4 of Sec0tion 16, T89N, R2E, 5~
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~-'~/;~'' d ay of/'~jJ~-~, 2003.
Terrance M. Duggan, Mayor
Jeanne F. Schneider, CMC, City Clerk
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