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Arbor Estates Easement Kivlahan DU~~E ~<k~ MEMORANDUM April27,2004 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Vacating Petition - Right-of-Way Easement ~,~~ è6 ~" c,J In response to a request from Kivlahan Farms, LLC to vacate a 1 a-foot wide right-of- way easement along the easterly line of Lot N in Arbor Estates in the City of Dubuque, Assistant City Engineer Gus Psihoyos states that the City has no need for the subject right-of-way easement and recommends approval of the request to vacate. I concur with the recommendation and respectfully request Mayor and City Council approval. ¡r&JJ1 (~ Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psihoyos, Assistant City Engineer '.i.:2 :E;: ;;:; C',) ;C;) ,CO" -' D~ ~<k~ MEMORANDUM April 26, 2004 TO: FROM: Michael C. Van Milligen, City Manager D Gus Psihoyos, Assistant City Engineer ~. SUBJECT: Vacating Petition - Right-Of-Way Easement A request has been received from Kivlahan Farms, LLC to vacate 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. 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 southern 460 feet of the parcel. This area is shown as Lot M of Arbor Estates and will be dedicated to the City as part of the Arbor Estates Final Plat approval. The northern 856.80 feet trails off into a wooded area and is not needed for access to the Arboretum. I recommend that a public hearing be held to approve the vacate of right-of-way easement as an equal exchange of properties between Kivlahan Farms, LLC, and the City of Dubuque. cc: Ronald J. Turner D~ ~<k~ 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 10-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. fkJJf4I1JL Mtchael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Michael A. Koch, Public Works Director D~ ~<k~ MEMORANDUM April 12,2004 FROM: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director 1J1i ¡{~ TO: 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 adoptéd 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 southern 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 ~ NORTH 6~~0 1YO (IN FEET) 1 INCH = 600' VACATE AREA -=-~ K'i\ ;\ I! \\ )\ ,; swsw II ij 1 j SEcn..'. íj If ÌI /¡ Íí í! í' II I!J j II ~~~ íp--- í' II ~~ Íf í! II~~ _-Jl---J /~- SESE SEcn..9 ~~<¡. ~~~ s.ç:,~ ~ \I RESOLUTION NO. 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 Y. OF THE SE Y. OF SECTION 9, T89N, R2E, 5TH P.M. IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Kivlahan Farms, LLC is the current owner of a parcel described as 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, Dubuque County, Iowa; and Whereas, a 10-foot wide right-of-way easement is currently platted on the easterly side of said parcel; and Whereas, Kivlahan Farms, LLC has petitioned to vacate a portion of the right-of-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 of Dubuque intends to dispose of its interest and vacate the 10-foot wide right-of-way easement along the easterly line of Lot N Arbor Estates in the City of 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 of intent to be published as prescribed under Section 364.7 Code of Iowa, 1999 or amended. Passed, approved and adopted this day of ,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) 5894270 RESOLUTION NO. 193-04 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 Y4 OF THE SE Y4 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 the 23rd day of April, 2004, the City Council of the City of Dubuque, Iowa met on the 3rd day of May, 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. Passed, approved and adopted this 3rd day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk 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 setforth 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. By: /s/ Terrance M. Duggan, Mayor By: /s/ Jeanne F. Schneider, CMC City Clerk By: GRAPHI:S~ALE ~ EXHIBIT A ~ þ. - J.....J.-..i I NORTH - - (IN FEET) ~ VACATED RIGHT OF WAY --- - - - - =::=- :=: ~-:.- ~~!"IT ',: - -- -. - -- -- EASEMENT 0 "' <Ó "'I :g SE1/4 SE1/4 SW1/4 SW1/4 Section 09 ;- Section 10 T89N R2E 57>1 P.M. ~ TB9N R2E 57>1 P.M. 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