Easem ROW 10' Arbor Est Kivlaha
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MEMORANDUM
April 12,2004
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Vacating Petition - Right-of-Way Easement
In response to a request from Kivlahan Farms, LLC to vacate a 1 O-foot wide right-of-
way easement along the easterly line of Lot N in Arbor Estates in the City of Dubuque,
Public Works Director Mike Koch states that the City has no need for the subject right-
of-way easement and recommends approval of the request to vacate. If is further
recommended that a public hearing be set for May 3, 2004.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
fIJi ~ NL
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
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MEMORANDUM
April 12, 2004
TO:
FROM:
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director 1J1i ¡{oJ
SUBJECT: Vacating Petition - Right-Of-Way Easement
INTRODUCTION
This is in response to a request from Kivlahan Farms, LLC for the vacating of a
10-foot wide right-of-way easement in the City of Dubuque, Iowa, in accordance
with an agreement adopted by City Council on February 16, 2004.
DISCUSSION
The attached Exhibit A shows the area of the proposed 10-foot wide right-of-way
easement to be vacated. The property is owned by Kivlahan Farms, LLC.
Kivlahan Farms, LLC is the owner of Lot N Arbor Estates, being a part of the SE
y.. of the SE y.. of Section 9, T89N, R2E, 5th P.M. in the City of Dubuque, Iowa. A
right-of-way easement was established in 1916 along the easterly 10 feet of the
above-described property to provide access to the farmstead now occupied by
the Arboretum, and owned by the City. The location of the actual roadway,
however, only follows this easement along the south em 460 feet of the parcel.
This area is shown as Lot M of Arbor Estates and has been dedicated to the City.
The northern 856.80 feet trails off into a wooded area and is not needed for
access to the Arboretum. The previously approved agreement between Kivlahan
Farms, LLC and the City indicate an equal exchange of these properties.
RECOMMENDATION
The City does not have a need for the subject right-of-way easement, and I
would recommend approval of the request to vacate the right-of-way easement
as shown on the attached Exhibit A. I would further recommend that the vacating
of the right-of-way easement be set for public hearing on May 3, 2004.
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 the adoption
of the enclosed resolutions.
Prepared by Ronald J. Turner, PLS
VICINITY MAP
ARBORETUM DRIVE
GRAPHIC SCALE
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NORTH
600
300
600
1200
( IN FEET)
1 INCH = 600'
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RESOLUTION NO. 153-04
RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND VACATE
A RIGHT-OF-WAY EASEMENT OVER LOT N ARBOR ESTATES, BEING A
PART OF THE SE % OF THE SE % OF SECTION 9, T89N, R2E, 5TH P.M. IN
THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Kivlahan Farms, LLC is the current owner ot a parcel described
as Lot N Arbor Estates, being a part ot the SE % ot the SE % ot Section 9, T89N,
R2E, 5th P.M. in the City ot Dubuque, Dubuque County, Iowa; and
Whereas, a 10-toot wide right-ot-way easement is currently platted on the
easterly side ot said parcel; and
Whereas, Kivlahan Farms, LLC has petitioned to vacate a portion ot the
right-ot-way easement in said parcel.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the City ot Dubuque intends to dispose ot its interest
and vacate the 10-toot wide right-ot-way easement along the easterly line ot Lot
N Arbor Estates in the City ot Dubuque, Dubuque County, Iowa, as shown on the
attached Exhibit A.
Section 2. That the City Clerk be and is hereby authorized and directed
to cause a notice ot intent to be published as prescribed under Section 364.7
Code ot Iowa, 1999 or amended.
Passed, approved and adopted this
19th day of April, 2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
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 10-FOOT WIDE
RIGHT-OF-WAY EASEMENT ALONG THE EASTERLY LINE OF LOT N ARBOR
ESTATES, BEING A PART OF THE SE Y. OF THE SE Y. OF SECTION 9, T89N, R2E,
5TH PM., 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 , 2004, the City
Council of the City of Dubuque, Iowa met on the day of , 2004, 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:
A 10-foot wide right-of-way easement along the east line of Lot N Arbor Estates,
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 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 disposal of the interest of the City of Dubuque, Dubuque
County, Iowa, in real property described as a 10-foot wide right-of-way easement along
the east line of Lot N Arbor Estates, in the City of Dubuque, Dubuque County, Iowa, as
shown on Exhibit A, be and the same is hereby approved.
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 Kivlahan Farms, LLC.
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.
Attest:
Passed, approved and adopted this
Jeanne F. Schneider, CMC, City Clerk
day of
,2004.
Terrance M. Duggan, Mayor
RELEASE OF EASEMENT
WHEREAS, a Warranty Deed in Dubuque County, Iowa, was filed in the
office of the Recorder of Dubuque County, Iowa, in Book of Lands 20, Page 413;
and
WHEREAS, by said deed, the proprietors established a right-of-way
easement along the east property line of the SE y.. of the SE y.. of Section 9,
T89N, R2E, 5th PM, now platted as Lot Nand M in Arbor Estates, in the City of
Dubuque, Dubuque County, Iowa, which a 1 O-foot wide right-of-way easement is
set forth and appears in said deed; and
WHEREAS, by the actual location of the roadway used for ingress and
egress to abutting property on said deed, the right-of-way easement along the
east property line of Lot N Arbor Estates, in the City of Dubuque, Dubuque
County, Iowa, 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
the 10-foot wide right-of-way easement over and along the east property line of
Lot N Arbor Estates in the City of Dubuque, Dubuque County, Iowa, as indicated
in the deed of and filed in Book of Lands 20, Page 413, in the office of the
Recorder of Dubuque County, Iowa as shown on attached Exhibit A; however,
this Release in no way releases, vacates, abandons or discharges any other
easement indicated in the deed filed in the office of the Recorder of Dubuque
County, Iowa, in Book of Lands 20, Page 413.
CITY OF DUBUQUE, IOWA
By:
Terrance M. Duggan
Mayor
By:
Jeanne F. Schneider, CMC
City Clerk
GRAPHI:S:ALE M EXHIBIT A ~
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VACATED RIGHT OF WAY
EASEMENT
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