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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'