Petition to Vacate_Portion of Old Highway Road, National GuardMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacating Petition - Old Highway Road
DATE: February 11, 2013
Dubuque
kital
All- America City
II 111!
2012
A request has been received from Richard Wolbers of Straka Johnson Architects,
representing the State of Iowa, to vacate a portion of Old Highway Road at the
intersection of Radford Road for the National Guard Readiness Center. City Engineer
Gus Psihoyos states that the City has no plans for the utilization of that portion of Old
Highway Road, except for reserving the utility easements as noted. City Engineer Gus
Psihoyos recommends approval of the plat, and that a public hearing be set for
March 4, 2013, on the disposal of this property, with the purchase price established in
exchange for a watermain and fiber optic line easement.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
brit44 itgy,
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Vacating Petition - Old Highway Road
DATE: February 8, 2013
INTRODUCTION
Dubuque
kitrid
Al-America City
'111 1'
2012
This is in response to a request from Richard Wolbers, AIA of Straka Johnson
Architects, representing the State of Iowa for the vacating of a portion of Old Highway
Road at the intersection of Radford Road for the National Guard Readiness Center.
DISCUSSION
The attached plat shows the portion of Old Highway Road proposed to be vacated. The
abutting property is owned by the State of Iowa.
The area to be vacated is platted as one lot and is described as Lot 2 -1 -A of the SE 1/4 -
SW 1/4 Section 29, T89N, R2E, 5th P.M. in the City of Dubuque, Dubuque County, Iowa.
Said lot is a portion of excess right of way at the Northwest corner of Old Highway Road
and Radford Road on which utilities exist. Perpetual easement rights will be reserved
on the entire Lot 2 -1 -A for maintenance of the existing utilities.
The proposed area to be vacated has been valued as an equal exchange for easement
being dedicated to the City for an existing water main and fiber optic lines along the
southern boundary of the National Guard Readiness Center property.
RECOMMENDATION
The City has no plans for the utilization of this portion of Old Highway Road to be
vacated, except for reserving the utility easements as noted.
I am recommending that the area indicated by Lot 2 -1 -A of the SE 1/4 - SW '/ Section
29, T89N, R2E, 5th P.M. in the City of Dubuque, Dubuque County, Iowa on the attached
plat be vacated, and that a public hearing be set for the disposition of the City's interest
in the subject area on March 4, 2013. Furthermore, I am recommending that the plat be
approved and the purchase price be established in exchange for a watermain and fiber
optic line easement.
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 and the plat approved through the
adoption of the enclosed resolutions.
Prepared by Ron Turner, PLS
2
RESOLUTION NO. 51 -13
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT
2 -1 -A of the SE 1/4 - SW 1/4 Section 29, T89N, R2E, 5th P.M. IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Richard Wolbers, AIA of Straka Johnson Architects, representing the
State of Iowa has requested the vacating and disposal of a portion of Old Highway
Road; and
Whereas, Buesing & Associates, Inc. has prepared and submitted to the City
Council a plat showing a proposed vacated portion of Old Highway Road and assigned a
lot number thereto, which hereinafter shall be known and described as Lot 2 -1 -A of the
SE % - SW 1/4 Section 29, T89N, R2E, 5t" P.M. in the City of Dubuque, Dubuque County
Iowa, should be approved.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to vacate and dispose of its interest
in Lot 2 -1 -A of the SE 1/4 - SW 1/4 Section 29, T89N, R2E, 5th P.M.in the City of Dubuque,
Dubuque County, Iowa.
Section 2. That the conveyance of Lot 2 -1 -A of the SE 1% - SW % Section 29,
T89N, R2E, 5th P.M.in the City of Dubuque, Dubuque County, Iowa to the State of Iowa
be contingent upon the dedication of a water main and fiber optic line easement plus
platting fees.
Section 3. That the City Clerk be and is hereby authorized and directed to cause
a notice of intent to vacate and dispose of said real estate to be published in the manner
as prescribed by law.
Attest:
Passed, approved and adopted this 18th day of Febru. ry , 2013.
Kevin
. Firnstahl, C ty
Roy D. Buol, Mayor
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589 -4270
Returned to: Ronald J. Turner, City of Dubuque, 50 W. 131' Street, Dubuque, Iowa (563- 589 -4270)
RESOLUTION NO. 52-13
RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF OLD
HIGHWAY ROAD AT RADFORD ROAD
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
a plat dated November 20, 2012 prepared by Buesing & Associates, Inc., describing the
proposed vacated portion of Old Highway Road to be known as Lot 2 -1 -A of the SE 1/4 - SW
1/4 Section 29, T89N, R2E, 5th P.M. in the City of Dubuque, Dubuque County, Iowa; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated November 20, 2012 prepared by Buesing &
Associates, Inc., relative to the real estate hereinabove described be and the same is
hereby approved, and the Mayor and City Clerk be and they are hereby authorized and
directed to execute said plat for and on behalf of the City of Dubuque, Iowa.
Section 2. The City of Dubuque reserves unto itself a perpetual easement
including the right of ingress and egress thereto, for the purpose of erecting, installing,
constructing, reconstructing, repairing, owning, operating, and maintenance as may be
authorized by the City of Dubuque, Iowa, as shown on the Plat of survey of Lot 2 -1 -A of the
SE '/4 - SW '/a Section 29, T89N, R2E, 5th P.M. in the City of Dubuque, Dubuque County,
Iowa
Section 3. That the City Clerk be and is hereby authorized and directed to file
said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque
County, Iowa.
Passed, approved and adopted this 18th day of Februar
Attest:
Kevi
S. Firnstahl, C, Ierk
013.
D
D. Buol, Mayor
Doc ID: 007626460005 Type: GEN
Kind: SURVEY PLAT
Recorded: 02/20/2013 at 02:18:59 PM
Fee Amt: $27.00 Page 1 of 5
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
Fi1e2013 00003317
PREPARED BY: BUESING & ASSOCIATES ADDRESS: 1212 LOCUST STREET, DUBUQUE, IOWA PHONE: (563) 556 -4389
Plat of Survey (ROW Vacation) of:
Lot 2 -1 —A of the SE1 /4 SW1 /4, Section 29,
T89N, R2E of the 5th P.M.,
in the City of Dubuque, Iowa
Comprised of: a portion of Old Highway Road Right of Way,
in the City of Dubuque, Iowa
NOTE
THIS SURVEY IS LOCATED IN THE SW1 /4 OF
SECTION 29, T89N, R2E (DUBUQUE TWP) OF
THE 5TH P.M., IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA
0' 30' 60' 120'
SCALE: 1" = 60'
LEGEND
DETAIL
NO -SCALE
WI
o�
Otl
THIS IS AN ASSUMED
BEARING FOR THE PURPOSES
OF THIS SURVEY ONLY.
(,9'L££),6£'L££
EXISTING
BUILDING
PUBLIC UTILITY
EASEMENT NOTE
ALL OF LOT 2 -1 -A IS
RESERVED FOR
EXISTING UTILITIES
• FOUND 1" IRON PIPE
• FOUND ROW RAIL
® PLACED CUT X
O PLACED 5/8" IRON REROD W /ORANGE
PLASTIC CAP MARKED " KOELKER 15487"
SURVEYED BOUNDARY LINE
PROPERTY LINE
CENTER LINE
RIGHT OF WAY
EXISTING BUILDING WALL
( ) RECORD DIMENSION
ROW
/
/
/
/
V
EXISTING
STATUE
EXISTING
SIDEWALK
EXISTING
BUSHES
EXISTING
ROW
EXISTING
ROW
xl
O
�bpI NEW
ooh
X60 /
bit
V
(13/ 4) V
11/ �O
16rO/
Ce7i
/
V .g1p�
NOTES
LOT 2 -1 —A
1,060 SF
, /
6
`� /
Off/ i
ti60/
e /
efD /
h1'/
ROW
A 86'51'54"
RADIUS 64.00'
ARC 97.03'
TANGENT 60.59'
CHORD 88.00'
BEARING " S54'42'32 "W
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
2. PROPRIETOR OF LOT 2 -1 OF SE1 /4 SW1 /4 OF SECTION 29:
STATE OF IOWA DEPT OF TRANSPORTATION 800 LINCOLN WAY AMES IA 50010
3. PROPRIETOR OF OLD HIGHWAY ROAD: CITY OF DUBUQUE.
4. SURVEYED REQUESTED BY: RICHARD WOLBERS.
5. TOTAL AREA OF PERIMETER .SURVEYED IS 1,060 SO. FT.
6. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD.
i
A0111111110%
*S
W Ue TERRY L. O
=" KOELKER A E
15487
*' ,. * �
„ * 1111011II0iP70\\\\\\\
I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS
PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR
UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY
UCENSED LAND SU V .u' NDER THE LAWS OF STATE OF IOWA.
TERRY L. K• LKER
LICENSE NUMBER 15487
MY LICENSE RENEWAL DATE IS DECEMBER 31, 2013
(DATE)
SHEETS COVERED BY THIS SEAL : SHEET 1 & 2
�UEASIING
ENGINEERS AND SURVEYORS
1212 LOCUST ST, DUBUQUE. IA
(563) 556 -4389
DRAWN BY: JCH CHECKED BY: TLK
SURVEY DATE: 11/5/12 PLOT DATE:
11/14/12
DWG, NO. 12299 -01 SCALE: 1" 60'
SHEET 1 OF 3
M7D0 lL- q (ZCitvClerk
Surveyors Certificate
Dubuque, Iowa
Sheet 2 of 3
Nodpm bpr 20,2012
I hereby certify that the plat shown on SHEET 1 OF 3 hereof, is a true and correct Plat of Survey (ROW
Vacation) of: LOT 2 -1 -A OF THE SE1 /4 SW1 /4, SECTION 29, T89N, R2E OF THE 5TH P.M., in the City
of Dubuque, Iowa. This survey is comprised of a portion of Old Highway Road Right of Way, in the City
of Dubuque, Iowa. The perimeter of LOT 2 -1 -A OF THE SE1 /4 SW1 /4, SECTION 29, T89N, R2E OF
THE 5TH P.M., was surveyed by me and is more particularly described as follows:
LOT 2 -1 -A OF THE SE1 /4 SW1 /4, SECTION 29, T89N, R2E OF THE 5TH P.M.
Commencing at the Southeasterly corner of Lot 2 -1 of the SE1 /4 SW1 /4, Section 29, T89N, R2E of the
5th P.M. (also being the Northwesterly Right of Way (ROW) line of Old Highway Road), the Point of
Beginning;
Thence Southwesterly (this is an assumed bearing for the purposes of this survey only) along the new
Right of Way (ROW) line of said Road, a distance of 97.03 feet along the arc of a 64.00 foot radius
curve to the right, of which the Chord distance is 88.00 feet and Chord bearing is S 54° 42' 32" W to the
existing Northwesterly ROW line of said Road;
Thence North 54° 42' 32" East along the existing Northwesterly ROW line of said Road, a distance of
88.00 feet to the Point of Beginning;
The TOTAL AREA of LOT 2 -1 -A OF THE SE1 /4 SW1 /4, SECTION 29, T89N, R2E OF THE 5TH P.M. is
1,060 Square feet and is subject to all easements of record and not of record.
I hereby certify that this land surveying document was prepared and the related survey work was
performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor
under the laws of the State of Iowa.
Terry L. Koelker
Licensed Land Surveyor
Registration # 15487
Dubuque, Iowa
/ / /xo 1/22
Date
Reg. Renewal 12/31/13
Owners Consent
Feb. 18 , 2013
The foregoing Plat of Survey (ROW Vacation) of: LOT 2 -1 -A OF THE SE1 /4 SW1 /4, SECTION 29,
T89N, R2E OF THE 5TH P.M., in the City of Dubuque, Iowa, is made with the free consent and in
accordance with the desires of the undersigned owners and proprietors of said real estate. All of
Lot 2 -1 -A is reserved for existing utilities.
State of Iowa
County of Dubuque ) ss:
By
Roy D.
By
Kevin
stahl, City Clerk
On this 18th day of February , A.D. 2013, before me, the undersigned, a Notary Public in and for
the State of Iowa, personally appeared Roy D. Buol and Kevin Firnstahl, to me personally known who,
being by me duly sworn did say that the said Roy D. Buol is Mayor and the said Kevin Firnstahl is City
Clerk of the City of Dubuque, Iowa, and that the seal affixed to the above instrument is the corporate seal
of the City of Dubuque, Iowa, and that said instrument was signed and sealed on behalf of the said City of
Dubuque, Iowa, by authority of the City Council of said city, and the said Roy D. Buol and Kevin Firnstahl
acknowledged the execution of said instrument to be the voluntary act and deed of said City of Dubuque,
Iowa, by it voluntarily executed.
Witness my hand and Notarial Seal on the da
i/.If_ I iitif I`
PAMELA J. No ary Public i
McCARRn;,,
Commission Num c, /774 p 7•7.105// 9
My Comm. Exp. —5--2.0.5".
nd for the State of Iowa
City of Dubuque Planning Services
Dubuque, Iowa
Sheet 3 of 3
The foregoing Plat of Survey (ROW Vacation) of: LOT 2 -1 -A OF THE SE1 /4 SW1 /4, SECTION 29,
T89N, R2E OF THE 5TH P.M., in the City of Dubuque, Iowa, was reviewed and approved by the City of
Dubuque Planning Services on the date first written above.
Laura Carstens, City Planner
City of Dubuque, Iowa
Dubuque, Iowa Feb. 18 , 2012
The undersigned, Roy D. Buol, Mayor and Kevin Firnstahl, City Clerk of the City of Dubuque, Iowa, do
hereby certify that the foregoing Plat of Survey (ROW Vacation) of: LOT 2 -1 -A OF THE SE1 /4 SW1 /4,
SECTION 29, T89N, R2E OF THE 5TH P.M., in the City of Dubuque, Iowa, as appears heretofore has
been filed in the office of the City Clerk of Dubuque, Iowa on Feb. 8, 2013 as resolution
No . 52 -13 and that the City Council of the City of u ,uqu• , lo approves said plat.
Mayoro(h-.450, Dubuque, IA
Clerk of the City of Dub 'use, IA
City Assessor's Certificate
Dubuque, Iowa
, 201%L
The foregoing Plat of Survey (ROW Vacation) of: LOT 2 -1 -A OF THE SE1 /4 SW1 /4, SECTION 29,
T89N, R2E OF THE 5TH P.M., in the City of Dubuque, Iowa, was entered of record in the Office of the
City Assessor of the City of Dubuque, Iowa, on the date first written above.
City Assessor of the City of Dubuque, IA
COUNTY AUDITOR
Dubuque, Iowa
3
, 201.
The foregoing Plat of Survey (ROW Vacation) of: LOT 2 -1 -A OF THE SE1 /4 SW1 /4, SECTION 29,
T89N, R2E OF THE 5TH P.M., in the City of Dubuque, Iowa, was entered of record in the office of the
Dubuque County Auditor this day of , 201i.
We approve of the subdivision name or title to be recorded.
County Auditor of Dubuque, Iowa
Recorders Certificate
Dubuque, Iowa
, 2012
The foregoing Plat of Survey (ROW Vacation) of: LOT 2 -1 -A OF THE SE1 /4 SW1 /4, SECTION 29,
T89N, R2E OF THE 5TH P.M., in the City of Dubuque, Iowa, has been reviewed by the Dubuque County
Recorder.
Dubuque County Recorder
Masterpiece on the Mississippi
Old _1 igh gay Road Vacate and Easement
National Guard Readiness Center
rte.. grade,
eta QUOkttA a3Caurata•inrcIMATIOn SYfrtn
DISCLAIMER: This Information was compiled
using the Dubuque Area Geographic Information System
( DAGIS), which includes data created by both the City of
Dubuque and Dubuque County. It Is understood that while
the City of Dubuque and participating agencies utilized the
most current and acetate Information available, DAGIS and
It's suppliers do not warrant the accuracy or arrenty of the
Information or data contained herein. The City and participating
agencies shall not be held liable for any direct, indirect, incidental,
consequential, punitive, or special damages, whether foreseeable or
unforeseeable, arising out of the authorized or unauthorized use of
this data or the Inability to use this data or out of any breach of
warranty whatsoever.
100 50 0
1 inch = 300 feet
100 200 300 400 Feet
Map Prepared by:
City of Dubuque
Engineering Division
50 West 13th Street
Dubuque, Iowa 52001
Phone: (563) 589 -4270
Fax: (563) 589 -4205
October 30, 2012
Honorable Mayor and City Council
50 West 13th Street
Dubuque, IA 52001 -4845
RE: Vacate City Property
Dear Mayor and Council Members:
eiP/27
k J J ,h ri Ofl '7•
ArGh tects PCo
This letter is written to inquire about the possibility of the State of Iowa purchasing a portion of a
city street abutting the property at the National Guard Readiness Center, 5001 Old Highway
Road (1035 Radford Road). We plan to use the vacated property for an existing statue and
plinth that is found to sit partially in the right -of -way, and a new security fence that complies with
federal Anti - Terrorism Force Protection standards. Please see Exhibit A for more information.
We have contacted the City Engineering Department and they have indicated a favorable
condition for the vacating but may need easements reserved for utilities. We understand that
the vacated area would need to be surveyed and platted at our expense and a fee paid for the
parcel, plus publication and filing fees. Please call me at (563) 556 -8877 if you have questions.
Thank you for your consideration of this request.
For the property owner.
Sincerely,
, amoo
Richard L. Wolbers, AIA
Straka Johnson Architects
Page 1 of 1
RESIDENTIAL COMMERCIAL INSTITUTIONAL
3555 PIgltal Drive Puburtue, Iowa 52003
Phone 563 -556 -8877 Fax 563- 556 -0367 www.sJarch.com
o -
1_3
WATERMAIN, FIBER OPTICS
& APPUTENCES EASEMENT
OVER AND ACROSS:
A PART OF LOT 2 -1 SE 1/4 SW 1/4 SEC.
29 T89N, R2E OF THE 5TH P.M. IN THE
CITY OF DUBUQUE, DUBUQUE CO. IA.
LEGEND
• FOUND IRON PIPE
— — • — — • — RIGHT OF WAY (ROW)
— WATERMAIN
pd WATER VALVE
• PLACED CUT X
j/ EASEMENT AREA
HYDRANT
® CLEAN OUT
ss SAN. SEWER LINE
Q SAN. SEWER MH.
• TELEPHONE PED.
ss
alE
LJ
POWER POLE
0,,E OVERHEAD ELEC.
Ems- UNDERGROUND ELEC.
T TELEPHONE
s.s— GAS LINE
- - CHAIN LINK FENCE
VINYL COATED
x x CHAIN LINK FENCE
ws
+`X X -X X X % X =%S
I
PROPOSED SECURITY —
FENCE, TYPICAL.
WATERMAIN
f \\
IOWA ARMY NATIONAL GUARD
DUBUQUE READINESS CENTER
_ ,#'\
29 �f
E
d
\X.
•
PLACED CUT `o
PROPOSED SECURITY
FENCE, TYPICAL.
A , ��/ % / %O/ / / / //O // /7 / 41 / / / / % %/ / / / / / %%%%OiA
as -c
ws C
WATERMAIN, FIBER OPTICS
& APPUTENCES FROM PROPERTY LINES TO 10' OFF — OLD HIGHWq =AD (66
OF C.L. OF PIPE - SHADED AREA.
()PARTIAL SITE PLAN
0' 20' 40'
SCALE: 1 " =40' -0'
80'
11
I I
LOT 2 -1 -A SE 1/4 SW
1/4 SEC. 29 T89N, R2E
ROW
RAD = 64'
ARC = 97.03'