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Petition to Vacate_Old Highway Road, National Guard Readiness CenterDoc ID: 007640340003 Type: GEN Kind RESOLUTION Recorded: 03/11/2013 1tof3358'53 PM Dubuque County Iowa Kathy Flynn Thurlow Recorder Fi1e2013- 00004437 Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 131h Street, Dubuque, IA 52001 (563) 589 -4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 RESOLUTION NO. 81 -13 RESOLUTION VACATING A PORTION OF OLD HIGHWAY ROAD NEAR RADFORD ROAD IN THE CITY OF DUBUQUE, IOWA Whereas, Richard Wolbers, AIA of Straka Johnson Architects representing the State of Iowa has requested the vacating of Old Highway Road near Radford Road in the City of Dubuque, Dubuque County, Iowa; and Whereas, Buesing & Associates, Inc. has prepared and submitted to the City Council of the City of Dubuque, Iowa, a plat dated the 20th day November, 2012, showing the vacated portion of Old Highway Road, and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 2 -1 -A in SE 1/4 SW 1/4, T89N, R2E, 5th P.M. in the City of Dubuque, Dubuque County, Iowa; and 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 22nd day of February, 2013, the City Council of the City of Dubuque, Iowa met on the 4t day-of- March, 2013, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that this portion of Old Highway Road is no longer required for public use, and vacating of said portion of Old Highway Road to be known as Lot 2 -1 -A of the SE 1/4 - SW '/4 Section 29, T89N, R2E, 5th P.M. in the City of Dubuque, Dubuque County, Iowa should be approved Iv0 0 CityClerk NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 2 -1 -A of the SE'/ - SW Section 29, T89N, R2E, 5t" P.M. in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby vacated. 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 maintaining 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 1/4 - SW'/ Section 29, T89N, R2E, 5th P.M. in the City of Dubuque, Dubuque County, Iowa. Passed, approved and adopted this 4th day of March, 2013. Attest: Kevin . Firnstahl, MC, City Clerk STATE OF IOWA CERTIFICATE of the CITY CLERK SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. do further state that the hereto attached Resolution No. 81 -13 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 5th day of March, 2013. L .-.Or10:W.kgf Kevin . Firnstah , CM ` ity Clerk iuuwIIuiaIIIIImIIIIIwIIIIIIIIIIwIIIIImIIuuo Doc ID 007640350005 Type. GEN Kind DEED WITH RESOLUTION Recorded: 03/11/2013 at 04:00:08 PM Fee Amt: $32.00 Page 1 of 5 Revenue Tax: $0.00 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2013- 00004438 Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113 Return to: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113 Tax statement to: Armory Board, State of Iowa Attn: State Quartermaster 7105 NW 70th Ave. Johnston, IA 50131 QUIT CLAIM DEED SPACE ABOVE THIS LINE FOR RECORDER For the consideration of One Dollar and other valuable consideration, the City of Dubuque, Iowa does hereby Quit Claim to the State of Iowa, all its right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa: Lot 2 -1 -A of the SE 1/4 SW 1/4, Section 29, T89N, R2E of the 5th P.M. in the City of Dubuque, Iowa 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 maintaining water, sewer, drainage, fiber optics, gas, telephone, television cable, and electric lines 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 1/4 SW 1/4, Section 29, T89N, R2E of the 5th P.M. in the City of Dubuque, Iowa. Exempt: Iowa Code § 428A.2(6) Deed in which a political subdivision of the state of Iowa is the grantor. Dated: March 8 ,2013 5500 2704 (5?) City C I k CITY OF DUBUQUE, IOWA by: Attest: Key Firnstahl, MC, y Clerk STATE OF IOWA, DUBUQUE COUNTY, ss: D Mayor" oy D. Buol On this 8th day of March , 2013, before me a Notary Public in and for said County and said State, personally appeared Roy D. Buol and Kevin S. Firnstahl to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk respectively, of the City of Dubuque, Iowa; that said instrument was signed on behalf of said City of Dubuque by authority of Resolution No. 80 -13 and that the said Roy D. Buol and Kevin S. Firnstahl as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. TRISH L. GI FASON IZ Commission Number 719986 ` My Commission Expires , Notary public 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. 13th Street, Dubuque, Iowa (563) 589 -4270 RESOLUTION NO. 80 -13 RESOLUTION DISPOSING OF CITY INTEREST IN 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 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 22nd day of February, 2013, the City Council of the City of Dubuque, Iowa met on the 4t day of March, 2013, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: 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 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 sale of City of Dubuque real property 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, to the State of Iowa be and the same is hereby approved in exchange for a water main and fiber optic lines easement plus the cost of platting. Conveyance shall be by Quit Claim Deed. 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 may be authorized by the City of Dubuque, Iowa as shown on the Plat of Survey of 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. Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to the State of Iowa upon receipt of the purchase price in full. Section 4. 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 4th day of March, 2013. Kevin J. Lyrh; Mayor Pro Tem Attest: Kevi . Firnstah', CM , City Clerk CERTIFICATE of the CITY CLERK STATE OF IOWA SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 80 -13 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 5th day of March, 2013. Key' ' S. Firnstah , CMC, ' y Clerk 1111111011101=11111118 1111111111118 Doc ID 007640360002 Type: GWH Kind: GROUNDWATER HAZARD Recorded: 03/11/2013 at 04:00:23 PM Fee Amt: $0.00 Pape 1 of 2 Dubuque County Iowa Kathy Flynn Thurlow Recorder Fi1e2013- 00000339 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name City of Dubuque, Iowa Address 50 West 13th Street Dubuque Iowa 52001 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name State of Iowa Address 7105 NW 70th Avenue Johnston Iowa 50131. Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: n/a Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) Lot 2 -1 -A of the SE 1/4 SW 1/4, Section 29, T89N, R2E of the 5th P.M. in the City of Dubuque, Iowa 1. Wells (check one) X There are no known wells situated on this property. There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) X There is no known solid waste disposal site on this property. _ There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) X There is no known hazardous waste on this property. There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) X There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542 -0960 (July 18, 2012) �01?�~ 5. Private Burial Site (check one) . There are no known private burial sites on this property. _ There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) _ All buildings on this property are served by a public or semi - public sewage disposal system. IL This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. _ There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] _ This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT T- ' • ' ION STATED ABOVE IS TRUE AND CORRECT. Telephone No.: 563 -58 I` 42 G 7 Signature: (Transferor or Agent) FILE WITH RECORDER DNR form 542 -0960 (July 18, 2012) THE CITY OF Dui Masterpiece 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 28, 2013 Dubuque kital All- America City II 111! 2012 In response to a request from the State of Iowa, City Engineer Gus Psihoyos is recommending vacation of a portion of Old Highway Road at the intersection of Radford Road for the National Guard Readiness Center. 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. 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 concur with the recommendation and respectfully request Mayor and City Council approval. hrit44 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 OId Highway Road DATE: February 22, 2013 INTRODUCTION Dubuque All- Americacfy 11111, 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 OId 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 '/ - SW '/ 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 public 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 OId 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 '/ - 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 held for the disposition of the City's interest in the subject area on March 4th, 2013. Furthermore, I am recommending that the purchase price be established at the cost of platting, and in exchange for an easement for watermain and fiber optic lines easement. ACTION TO BE TAKEN The recommendation of the City Manager should be approved and that a public hearing should be held on the disposal of the property through the adoption of the enclosed resolution. Prepared by Ron Turner, PLS 2 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. 13th Street, Dubuque, Iowa (563) 589 -4270 RESOLUTION NO. 80 -13 RESOLUTION DISPOSING 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, 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 22nd day of February, 2013, the City Council of the City of Dubuque, Iowa met on the 4t day of March, 2013, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate 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 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 sale of City of Dubuque real property 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, to the State of Iowa be and the same is hereby approved in exchange for a water main and fiber optic lines easement plus the cost of platting. Conveyance shall be by Quit Claim Deed. 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 may be authorized by the City of Dubuque, Iowa as shown on the Plat of Survey of Lot 2 -1 -A of the SE Y4 - SW'/ Section 29, T89N, R2E, 5th P.M. in the City of Dubuque, Dubuque County, Iowa. Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to the State of Iowa upon receipt of the purchase price in full. Section 4. 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 4th day of March, 2013. Kevi . Firnstah CM , City Clerk Kevin J. Ly , Mayor Pro Tern Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 RESOLUTION NO. 81-13 RESOLUTION VACATING A PORTION OF OLD HIGHWAY ROAD NEAR RADFORD ROAD IN THE CITY OF DUBUQUE, IOWA Whereas, Richard Wolbers, AIA of Straka Johnson Architects representing the State of Iowa has requested the vacating of Old Highway Road near Radford Road in the City of Dubuque, Dubuque County, Iowa; and Whereas, Buesing & Associates, Inc. has prepared and submitted to the City Council of the City of Dubuque, Iowa, a plat dated the 20th day November, 2012, showing the vacated portion of Old Highway Road, and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 2 -1 -A in SE 1/4 SW 1/4, T89N, R2E, 5th P.M. in the City of Dubuque, Dubuque County, Iowa; and 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 22nd day of February, 2013, the City Council of the City of Dubuque, Iowa met on the 4tn day of March, 2013, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that this portion of Old Highway Road is no longer required for public use, and vacating of said portion of Old Highway Road to be known as 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 should be approved NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 2 -1 -A of the SE 1/4 - SW Y4 Section 29, T89N, R2E, 5th P.M. in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby vacated. 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 maintaining 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'/ - SW Y4 Section 29, T89N, R2E, 5th P.M. in the City of Dubuque, Dubuque County, Iowa. Passed, approved and adopted this 4th day of March, 2013. Kevin J. Lyngh,7 Mayor Pro Attest: ai ,-41111°F;/, ./A Kevin Firnstahl, MC, City Clerk 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 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 Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113 Return to: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113 Tax statement to: Armory Board, State of Iowa Attn: State Quartermaster 7105 NW 70th Ave. Johnston, IA 50131 QUIT CLAIM DEED SPACE ABOVE THIS LINE FOR RECORDER For the consideration of One Dollar and other valuable consideration, the City of Dubuque, Iowa does hereby Quit Claim to the State of Iowa, all its right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa: Lot 2 -1 -A of the SE 1/4 SW 1/4, Section 29, T89N, R2E of the 5th P.M. in the City of Dubuque, Iowa 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 maintaining water, sewer, drainage, fiber optics, gas, telephone, television cable, and electric lines 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 1/4 SW 1/4, Section 29, T89N, R2E of the 5th P.M. in the City of Dubuque, Iowa. Exempt: Iowa Code § 428A.2(6) Deed in which a political subdivision of the state of Iowa is the grantor. Dated: March 8 , 2013 CITY OF DUBUQUE, IOWA by: Attest: e„., • re Key' Firnstahl, MC, y Clerk STATE OF IOWA, DUBUQUE COUNTY, ss: Mayor" oy D. Buol On this 8th day of March , 2013, before me a Notary Public in and for said County and said State, personally appeared Roy D. Buol and Kevin S. Firnstahl to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk respectively, of the City of Dubuque, Iowa; that said instrument was signed on behalf of said City of Dubuque by authority of Resolution No. 80 -13 and that the said Roy D. Buol and Kevin S. Firnstahl as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. TRISH L 3LEASON Commission Number 719986 My Commission Expires �a•ia•�y , Notary public 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. 13th Street, Dubuque, Iowa (563) 589 -4270 RESOLUTION NO. 80 -13 RESOLUTION DISPOSING OF CITY INTEREST IN 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 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 22nd day of February, 2013, the City Council of the City of Dubuque, Iowa met on the 4th day of March, 2013, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 2 -1 -A of the SE % - SW % Section 29, T89N, R2E, 5th P.M. in the City of Dubuque, Dubuque County, Iowa 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 sale of City of Dubuque real property 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, to the State of Iowa be and the same is hereby approved in exchange for a water main and fiber optic lines easement plus the cost of platting. Conveyance shall be by Quit Claim Deed. 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 may be authorized by the City of Dubuque, Iowa as shown on the Plat of Survey of 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. Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to the State of Iowa upon receipt of the purchase price in full. Section 4. 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 4th day of March, 2013. Kevin J. Ly , Mayor Pro Tem Attest: 411111.11r/ , Kevi . Firnstah , CM , City Clerk STATE OF IOWA CERTIFICATE of the CITY CLERK SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 80 -13 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 5th day of March, 2013. (SEAL) / elaZZ Key' ' S. Firnstah , CMC, ' y Clerk Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 RESOLUTION NO. 81 -13 RESOLUTION VACATING A PORTION OF OLD HIGHWAY ROAD NEAR RADFORD ROAD IN THE CITY OF DUBUQUE, IOWA Whereas, Richard Wolbers, AIA of Straka Johnson Architects representing the State of Iowa has requested the vacating of Old Highway Road near Radford Road in the City of Dubuque, Dubuque County, Iowa; and Whereas, Buesing & Associates, Inc. has prepared and submitted to the City Council of the City of Dubuque, Iowa, a plat dated the 20th day November, 2012, showing the vacated portion of Old Highway Road, and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 2 -1 -A in SE 1/4 SW 1/4, T89N, R2E, 5th P.M. in the City of Dubuque, Dubuque County, Iowa; and 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 22nd day of February, 2013, the City Council of the City of Dubuque, Iowa met on the 4tn day of March, 2013, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that this portion of Old Highway Road is no longer required for public use, and vacating of said 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 should be approved NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 2 -1 -A of the SE 1/4 - SW '/4 Section 29, T89N, R2E, 5th P.M. in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby vacated. 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 maintaining 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'/ - SW'/ Section 29, T89N, R2E, 5th P.M. in the City of Dubuque, Dubuque County, Iowa. Passed, approved and adopted this 4th day of March, 2013. Kevin J. Lyn tllayor Pro Attest: Kevin,:. Firnstahl, MC, City Clerk CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. do further state that the hereto attached Resolution No. 81 -13 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 5th day of March, 2013. Kevin Firnstah , CM ity Clerk (SEAL) REAL ESTATE TRANSFER - DECLARATION OF VALUE Please read the instructions on the reverse side BEFORE completing and filing this form. Part I - TO BE COMPLETED BY BUYER, SELLER OR AGENT SELLER: City of Dubuque, Iowa SSN or FEIN: 42- 6004596 • Seller Address: 50 West 13th Street Dubuque Iowa 52001 e-mail/phone. (563) 589 -4110 BUYER: State of Iowa SSN or FEIN 42- 6004501 Buyer Address: 7105 NW 70th Avenue Johnston Iowa 50131 email /phone: (515) 252 -4211 Address of Property Conveyed- n/a Date of Instrument. • ❑ Deed _1 ❑ Contract 2 • Legal Description: Lot 2 -1 -A of the SE 1/4 SW 1/4, Section 29, T89N, R2E of the 5th P.M. in the City of Dubuque, Iowa Type of Sale (check all that apply): ❑ Fulfillment of prior year(s) contract ® Sale to /by Exempt Organization ❑ Auction Sale ❑ Corporate merger or reorganization IN Purchase of adjoining land ❑ Transfer of partial interest ® Quit Claim Deed ❑ Sale between family members or related parties ❑ Foreclosure, forfeitures, or transfers arising from default; forced sale Was this a sale of AG LAND to: ❑ Corporation ❑ Trust ❑ Alien ❑ Non - Resident Alien ❑ Limited Partnership • DECLARATION OF VALUE STATEMENT 1. Total Amount Paid 2. Amount Paid for Personal Property (see instructions) 3. Amount Paid for Real Property Only (1 minus 2) Contract Sale Information: Down Payment $ Interest Rate % Monthly Payment $ Length of Contract years Balloon Payment Date (if applicable) I HEREBY DECLAR • - • E INFORMATION CONTAINED IN PART I OF THIS FORM IS TRUE AND CORRECT AS DETAILED O Q, _` Gus Psihoyos (563) 589 -4270 ACK OF TH FOfiM . Printed Name: Phone #• � ) Signature ❑ Buyer or ❑ Seller or g Agent or ❑ Attorney 0.00 0.00 - PART II - TO BE COMPLETED BY THE ASSESSOR Classification of Property: ❑ Res _4_ ❑ Com _5_ ❑ Ind _2_ ❑ Ag _1_ A Deeded Acres: • OCC Primary Parcel Number ( attach list of additional parcels) A TLA/GBA • Tax District • Full Assessed Value January 1 of Year of Sale Good for study? ❑ Yes ❑ No NUTC Land Building Dwelling Total A If No, give reason Effective Date of Form 09/30/12 Iowa Department of Revenue ISBA 57006a (03/23/12) REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name City of Dubuque, Iowa Address 50 West 13th Street Dubuque Iowa 52001 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name State of Iowa Address 7105 NW 70th Avenue Johnston Iowa 50131 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: n/a Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) Lot 2 -1 -A of the SE 1/4 SW 1/4, Section 29, T89N, R2E of the 5th P.M. in the City of Dubuque, Iowa 1. Wells (check one) X There are no known wells situated on this property. _ There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) X There is no known solid waste disposal site on this property. _ There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) X There is no known hazardous waste on this property. There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) X There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) _ There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542 -0960 (July 18, 2012) 5. Private Burial Site (check one) X There are no known private burial sites on this property. _ There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) _ All buildings on this property are served by a public or semi - public sewage disposal system. X This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. _ There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. _ There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] _ This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT T- 1 • ` ION STATED ABOVE IS TRUE AND CORRECT. Signature: (Transferor or Agent) Telephone No.: 563-589- V1 FILE WITH RECORDER DNR form 542 -0960 (July 18, 2012) Masterpiece 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 All-America 11111F 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. 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, 5th 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 % - SW % 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 % - 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: Kevin Passed, approved and adopted this 18th day of Febru. ry , 2013. . Firnstahl, C 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. 13th Street, Dubuque, Iowa (563- 589 -4270) RESOLUTION NO. 5 2 -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 % - SW % 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 C, Jerk 013. oy D. Buol, Mayor 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. OVERHEAD ELEC. E -- UNDERGROUND ELEC. T TELEPHONE s s— GAS LINE - - - CHAIN LINK FENCE VINYL COATED x x CHAIN LINK FENCE ws +-7 PROPOSED SECURITY — FENCE, TYPICAL. WATERMAIN f \\ IOWA ARMY NATIONAL GUARD DUBUQUE READINESS CENTER _ ,#'\ 29 �f E d \X. • PLACED CUTX `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' PREPARED BY: BUSSING do 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 TH15 SURVEY IS LOCATED IN THE SW1 /4 OF SECTION 29. T89N, R2E (DUBUQUE TN?) OF THE 5TH P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY. IOWA 0' 30' 60' 120' SCALE: 1" = 60' LEGEND • FOUND 1' IRON PIPE • FOUND ROW RAIL O PLACED CUT X DETAIL NO-SCALE / — !1,599' 1 IT■ P013 0.57' THIS IS AN ASSUMED BEARING FOR THE PURPOSES OF THIS SURVEY ONLY. EXISTING BUILDING PUBLIC UTILITY EASEMENT NOTE ALL OF LOT 2 -1 -A IS RESERVED FOR EXISTING UTILITIES O PLACED 5/0' HON REROO W /GRANGE PLASTIC CAP MARKED 'ROELKER 15487' RIRVEYED BOUNDARY UNE PROPERTY LIRE CENTER LINE ROW RICHT OF WAY EXISTING BUILDING WALL ( ) RECORD DIMENSION EXISTING EXISTING ROW STATUE EXISTING SIDEWALK EXISTING BUSHES EXISTING ROW _. 6'1 e°�. // <yi // �oi,'/ A RC V 7 `66/ RADIUS / eOj / TANGENT 4 CHORD BEARING NEW ROW LOT 2-1—A 1,060 SF / Aki" 0\5) i (LD / • Z(§' p� NOTES ti60/ i / h. ahry/ s 86'51'54" 64.00' 97.03' 60.59' 88.00' 554'42'32 "W 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2 PROPRETOR OF LOT 2 -1 OF 5E1/4 SWI /4 OF SECTION 29: STATE OF IOWA DEPT OF TRANSPORTATION BOO LINCOLN WAY AMES IA 50010 3. PROPRETOR OF OLD HIGHWAY ROAD: CITY OF DUBUQUE. 4. SURVEYED REQUESTED BY: RCHARD WOLBERS 5. TOTAL AREA OF PERIMETER SURVEYED IS 1,060 SO. FT. 6. THIS PLAT IS SUB,.ECT TO ALL EASEMENTS Of RECORD AND NOT OF RECORD. / / S / 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 RI' J5 NDER THE LAYS OF STATE OF IOWA. /1 2u /2, TERRY L K. ER (DATE) LICENSE NUMBER 15487 MY LICENSE RENEWAL DATE IS DECEMBER 31. 2013 SHEETS COVERED BY THIS SEAL : SHEET 1 k 2 �UESIINNG ENGINEERS AND SURVEYORS 1212 LOCUST ST, 000500E, IA (563) 556 -4389 DRAWN BY: JCH CHECKED BY: TH SURVEY DATE: 11/5/12 PLOT DATE: 11/14/12 DWG. N0. 12299 -01 SCALE 1' = 60' SHEET 1 OF 3 Masterpiece on the Mississippi Old Highway Road Vacate and Easement National Guard Readiness Center rte.. grade, otcuoucatcn aauuram•inrcmerion amen 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 accurate information available, DAGIS and It's suppliers do not warrant the accuracy or currency 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 NOTICE OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY PUBLIC NOTICE is hereby C INTENT [DISPOSE TO OF VACATE CITY INTEREST IN LOT 2-1-A of the SE '/4 - SW ' /4 section 29, T89N, R2E, 5th P.M. IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Richard Wolbers,!AlA of Straka y given that the Johnson Architects, Council of the City !representing the State of Dubuque, Iowa, Will of Iowa has requested hold :a public 'hearing the vacating and on the 4th day of disposal of a portion of March, 2013, at 6:30 Old Highway Road; and p.m. i in the Historic Whereas, Buesing & Federal Building, 350 Associates, Inc has West Sixth Street, prepared and sub - Dubuque, Iowa, at miffed to the !City which meeting the C ty Council a plat showing Council proposes to , a proposed vacated dispose of an interest ;portion of old Highway in the following ;Road and assigned a described real property lot number thereto, to the National Guard which hereinafter shall Readiness Center: be known and A part of Mineral Lots described as Lot 2 -1 -A 298 and 299 in ! of the SE '/4 - SW '/4 Dubuque Fractional Section 19, Section 29, T89N, R2E, T89N R3E, 5th P.M., in 5th P.M. in the City of Dubuque, the City of Dubuque, j Iowa, containing 6.63 acres, more or less, subject to easements county :Iowa, snouia ce approved. NOW THEREFORE, BE record of IT RESOLVED BY THE ecord and not CITY COUNCIL OF THE CITY OF DUBUQUE, record. At the meeting, the IOWA: City Council will Section 1. That the receive oral and City of Dubuque written objections from intends to vacate and any resident or dispose of its interest property owner of said in Lot 2 -1 -A of the SE ' /4 City to the above - SW la Section 29, action. After ail T89N, R2E, 5th PM.in objections have been the City of Dubuque, received and' consi- Dubuque County, Iowa. dared, the City Council Section 2. That the may at this meeting or conveyance of Lot 2 -1- at any adjournment A of the SE 'l SW ' /4 thereof, take additional Section 29, T89N,! R2E, action for the dis- 5th P.Min the City of position of the City's Dubuque, Dubuque' interest in such real County, Iowa to the estate above, the I` State of Iowa be approval of the- upon the Development Agree- dedication oft a water ment, or will abandon main and fiber optic the proposal. By order line easement plus of the City Council said platting fees, hearing and appeals Section 3. That the there from shall be City Clerk be and is held in accordance hereby authorized and with and governed by directed' to cause a the provisions of notice of intent to Section 403.9 of the , vacate and dispose of Code of Iowa. said real estate to be This notice is given by published in the order of the City manner as prescribed Council of the City of ; by law. Dubuque, Iowa, as Passed, approved, provided by Chapter and adopted the 18th 'r0(3)vi 03 of the Code of; day of February, 2013. Iowa, Roy D. Buol, Mayor: Dated this 23rd day of Attest: Kevin S. February 2013. Firnstahl, City Clerk Kevin S. nstah Published in the City Fir Clerk l Telegraph Herald 't 2/23 newspaper on the 23rd (RESOLUTION day of February 2013. NSR• 51-13 /s /Kevin S. Firnstahl, RESOLUTION OF City Clerk t 2/23 STATE OF IOWA DUBUQUE COUNTY {SS: CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: February 23, 2013, and for which the charge is $47.26. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this can te day of " ..t im , , 20 / . -otary Public in and for Dubuque County, Iowa. • i',AAR < K. Commission Nurk r CERTIFICATION OF PUBLICATION 0 0 bA 1-4 • U O 4 H O 0 ci3O 6'' 7:1 4u-4) U d , - ' 'd Q • d - 0 O cn 43 U . 0 .-d 0 0 0 N 0 • U 1 N 0 0 . - 0 o cu 1-i U 04 U "0 O O 0 o U 0 0 0 M 0 c )- 4 O • 0 4 0 0 0 (• Ili tI Cr Q. Cll w _C4' 1.3 F. 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