Kivlahan Farms Property ExchangeMEMORANDUM
February 9, 2004
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Kivlahan Farms, LLC Agreement for the Exchange of Properties
Public Works Director Mike Koch recommends City Council approval of an agreement
between the City of Dubuque and Kivlahan Farms, LLC for the exchange of properties
along the west side of the Arboretum property abutting the next phase of Arbor Estates.
This property exchange is necessary because it has been discovered that the section
line between the Arboretum and Kivlahan Farms, LLC was not in close proximity to a
long-standing fence parallel to the section line. This discrepancy placed a portion of the
Arboretum roadway onto the Kivlahan property.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micl~ael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
MEM 0 RAND UM
TO:
FROM:
SUBJECT:
February 9, 2004
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director
Kivlahan Farms, LLC Agreement for the Exchange of Properties
INTRODUCTION
Enclosed is an agreement between the City of Dubuque and Kivlahan Farms,
LLC (Kivlahan) for the exchange of properties along the west side of the
Arboretum property abutting the next phase of Arbor Estates, owned by Kivlahan
Farms, LLC.
DISCUSSION
The City has been working with Kivlahan since discovering that the section line
between the Arboretum and Kivlahan Farms, LLC was not in close proximity to a
long-standing fence parallel to the section line. This discrepancy placed a
portion of the Arboretum roadway onto the Kivlahan property. There is, however,
an existing 10-foot roadway easement along the section line that provides the
City the right to use the Kivlahan property for roadway purposes. Other minor
improvements of the Arboretum, such as trails, benches, and the entrance gate,
have encroached beyond the 10-foot roadway easement into the Kivlahan
property.
In the attached agreement, Kivlahan agrees to dedicate the southerly portion of
the roadway easement to the City. In exchange for said dedication, Kivlahan
requests the City to vacate the northerly portion of the roadway easement.
Kivlahan has agreed to give the City time to have the existing encroachments
currently located beyond the 10-foot easement removed or relocated and provide
the City a utility easement from a future phase of Arbor Estates into the City
property.
RECOMMENDATION
I recommend that the City Council approve the proposed agreement by adoption
of the attached resolution.
BUDGET IMPACT
Kivlahan Farms, LLC will pay for surveying and platting of the area to be
dedicated while the City will be responsible for the fees associated with the
vacating of the remainder of the roadway easement.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution authorizing the
Mayor to execute the agreement.
Prepared by Ronald J. Turner, PLS
cc: Kivlahan Farms, LLC
Barry Lindahl, Corporation Counsel
Gil Spence, Leisure Services
Ronald J. Turner, PLS
RESOLUTION NO. 68-04
RESOLUTION APPROVING AGREEMENT WITH KIVLAHAN FARMS,
LLC FOR THE EXCHANGE OF PROPERTIES ALONG THE WEST SIDE OF
THE ARBORETUM ABUTTING THE NEXT PHASE OF ARBOR ESTATES
OWNED BY KIVLAHAN FARMS, LLC
Whereas, Kivlahan Farms, LLC is proposing to develop the next phase of
Arbor Estates; and
Whereas, the City of Dubuque has a 10-foot wide roadway easement over
said development; and
Whereas, the City of Dubuque has prepared an agreement outlining the
terms under which a portion of the roadway easement is dedicated to the City
and the remaining portion is proposed to be vacated.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the City Council hereby approves the Kivlahan Farms
agreement for the exchange of properties along the west side of the Arboretum
property abutting the next phase of Arbor Estates, owned by Kivlahan Farms,
LLC.
Section 2. That the Mayor be authorized and directed to execute two
copies of the agreement.
Passed, approved and adopted this 16th day of February , 2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CIty Clerk
~.,.5'e~nne F. Sch'nei~r, CMC, City Clerk
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
KIVLAHAN FARMS, LLC
This Agreement is made and entered into this ;[E~ day of~,
2004, by and between the City of Dubuque, Iowa (City) and ~ivlahan Farrhs, L{_C
(Kivlahan).
WHEREAS, Kivlahan is the owner of the following described property in
Dubuque County, Iowa, over which the City has an easement for roadway:
The east 10-feet of the northerly 860-feet of the SE ¼ of the SE ¼ of Sec 9,
T89N, R2E, 5th P.M. (City Easement)
as shown on Exhibit A attached hereto; and
WHEREAS, Kivlahan is are the owner of the following described property
in Dubuque County, Iowa:
SE ¼ of the SE % of Section 9, T89N, R2E, 5th P.M. in the City of Dubuque,
Dubuque County, Iowa (Kivlahan Property)
as shown on Exhibit A; and
WHEREAS, City and Kivlahan desire to exchange their respective
properties as set forth herein.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL
COVENANTS SET FORTH HEREIN, IT IS AGREED BY AND BETWEEN THE
PARTIES AS FOLLOWS:
1. Kivlahan agrees to plat and dedicate the east 10-feet of the southerly 460-
feet of the Kivlahan Property as shown on Exhibit A to the City of Dubuque by not
later than .~.~5¢
2. City agrees upon completion of the platting and dedication described in
Par. 1 to vacate the City Easement shown on Exhibit A and release it to
Kivlahan.
3.
City shall have until ~,/~,/~ /~ ~O,¢- to remove and existing
improvements such as walkways, park benches, trees, signage and underground
utilities that are located on or in the City Easement.
4. Kivlahan agrees to grant to City by not later than ~/~//~ ~:~' two 5-
foot wide side yard utility easements on a common lot line fOr a future connection
between City property and Arbor Estates.
5. Each party shall pay its own surveying, platting and recording costs and
fees and any other costs and fees necessary to finalize the transactions herein.
6. This Agreement shall be binding upon the undersigned parties, their
successors and assigns.
CITYOF DUBUQUE, IOWA
Te'rrance M. Duggan~ayor
Attest:
~//Jeanne F. S~ch~n~ider, City Clerk
KIVLAHAN, FARM, LLC
~t~/
Its
STATE OF IOWA
DUBUQUE COUNTY
: SS:
On this,~ day of ~_L~, 20 0 ~, before me, the undersigned, a
Notary Public. ~,. a, pd.for said State, per§onally appeared ~
and,~3 ~;1~'~ ton~ personally known, whc~ being b~/ r~e 'duly
sworn, d~d ~ay that'~l~/ are the;:7~l ~J and .~/_~ , respectively, of
Kivlahan Farms, LLC; that said instru
and that the said ~----~J ~ and
the execution of said instrument to bit
by itp~J by them voluntarily execut~
N~a~y Public, S-~-a'~e of Iowa
/
:~ent was signed on behalf of said company;
~/-~ as such officers, acknowledged
d deed of said company,
STATE OF IOWA
DUBUQUE COUNTY
: SS:
On this /.~.F~.~ day of~'~-~/~X2004,, before me, a Notary Public in
and for the State of Iowa, in and for sa~/~ounty, personally appeared Terrance
M. Duggan and Jeanne F. Schneider, to me pemonally known, who being by me
duly sworn did say that they are the Mayor and Ci~ Clerk, respe~ively of the Ci~
of Dubuque, a Municipal Co~oration, created and existing under the laws of the
State of Iowa, and that the seal affixed to said instrument is the seal of said
Municipal Corporation and that said instrument was signed and sealed on behaE
of said Municipal ~oration by authori~ and resolution of its Ci~ Council and
said Mayor and Ci~ Clerk acknowledged said instrument to be the free act and
deed of said Municipal Corporation by it voluntarily executed.
/s/ Karen M. Chesterman
Notary Public, State of Iowa
My Commission No. 108258
My Commission Expires 4/24/05
NORTH
UTILITY EASEMENT
ARBORETUM DRIVE
200
GRAPHIC SCALE
0 100 200
( IN FEET )
I INCH = 200'
400
SE 1/4 SE 1/4
SECTION 09
T89N, R2E
5TH P.M.
SW 1/4 SW 1/4
SECTION 10
T89N, R2E