Intent to Dispose of a Portion of Merlin Lane_Public HearingTHE CITY OF
Dui
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Robert A Grierson, Airport Manager
DATE: August 12, 2014
SUBJECT: Disposition of Merlin Lane through roadway easement to Dubuque County
Dubuque
trati
a -America City
'111'
2007 • 2012 • 2013
INTRODUCTION
The construction of the New Terminal Facility necessitates the relocation of the entrance road to the terminal.
BACKGROUND
A portion of Merlin Lane, a county read, had to be relocated in order to create the new airport entrance road (Aviation Drive).
The relocated portion of Merlin Lane is now on City property. The City needs to grant a roadway easement to Dubuque
County for the relocated Merlin Lane to complete the transaction.
RECOMMENDATION
City Council is asked to hold a public hearing on the disposition of the portion of Merlin Lane on city property by roadway
easement to Dubuque County.
ACTION TO BE TAKEN
City Council is asked to hold a public hearing for disposition of a portion of Merlin Lane.
Prepared by:
Crenna Brumwell, Asst. City Attorney
Masterpiece on the Mississippi
Dubuque
band
AI -America City
1
2007 • 2012 • 2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Disposition of Merlin Lane through Roadway Easement to Dubuque
County
DATE: August 13, 2014
A portion of Merlin Lane, a county road, had to be relocated in order to create the new
airport entrance road (Aviation Drive). The relocated portion of Merlin Lane is now on
City property. The City needs to grant a roadway easement to Dubuque County for the
relocated Merlin Lane to complete the transaction.
Airport Manager Robert Grierson recommends the City Council dispose of a portion of
Merlin Lane on City property by roadway easement to Dubuque County.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
IA/1144 14,„
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Robert A. Grierson, Airport Manager
1111111111111111111111111111111111111 1111 I 11111111111
11111
Doc ID: 008147180006 Type' GEN
Kind RESOLUTION
Recorded: 11/25/2014 at 02:59:07 PM
Fee Amt: $32.00 Page 1 of 6
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
File 2014-00013292
Prepared by: Robert Gierson, Airport Manager, 11000 Airport Road, Dubuque, IA 52003, (563) 589-4128
Return to: Kevin Firnstahl, City Clerk, 50 W. 13`h St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 259-14
DISPOSING OF AN INTEREST IN REAL PROPERTY BY EASEMENT TO DUBUQUE COUNTY
WHEREAS, the City of Dubuque, Iowa (City) is the owner of real property in Dubuque
County shown on Exhibit A attached hereto (the Property); and
WHEREAS, City and Dubuque County (County) have entered into an Agreement pursuant to
which City will grant a Roadway Easement (the Easement) attached hereto on the Property to
County; and
WHEREAS, on August 18, 2014, the City Council pursuant to notice published as required by
law held a public hearing on its intent to dispose of the foregoing interest in the Property and
overruled all objections thereto; and
WHEREAS, the City Council finds that it is in the best interest of the City to approve the
disposition of such interest in the Property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque approves the disposition of the City's interest
in the foregoing -described Property by Easement to County.
Section 2. The Mayor is hereby authorized and directed to sign this Resolution and the
Easement.
Passed, approved and adopted this 18th day of August, 2014.
Attest:
Kevin/SI. Firnstahl, City
Roy D. Buol, Mayor
pa,0O
C• /ca -I
GOpy
��►►►►���►►��►►►►I►I MN MM ►►III ►
Doc ID: 008138250006 Type: GEN
Kind: SURVEY PLAT
Recorded: 11/05/2014 at 04:20:09 PM
Fee Amt: $32,00 Page 1 of 6
Dubuque County Iowa'
Kathy Flynn Thurlow Recorder
F11e2014-00012574
PREPARED BY: Dan Hingtgen, L.S. 14052
WHKS & co. 1701 Route 35 North
East Dubuque, IL 61025
Tel. (815) 747-8833
ACQUISITION PLAT EXHIBIT A
for
LOT B FOR THE RELOCATION OF MERLIN LANE LOCATED IN THE SOUTHEAST QUARTER (SE 1/4)
OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 35, TOWNSHIP 88 NORTH, RANGE 2 EAST
OF THE 5th PRINCIPAL MERIDIAN, DUBUQUE COUNTY, IOWA
PROPERTY OWNER:
CITY OF DUBUQUE
SURVEY REQUESTED BY:
DUBUQUE REGIONAL AIRPORT
FIELD SURVEY CONDUCTED ON:
6/09/13
SURVEY DESCRIPTION - LOT B
THE EASEMENT GRANTED FOR
HIGHWAY PURPOSES IS TO LAND
DESCRIBED AS FOLLOWS:
LOT B
A PARCEL OF LAND LOCATED IN THE
SOUTHEAST QUARTER (SE 1/4) OF THE
NORTHWEST QUARTER (NW 1/4) OF
SECTION 35, TOWNSHIP 88 NORTH,
RANGE 2 EAST OF THE 5th PRINCIPAL
MERIDIAN, DUBUQUE COUNTY, IOWA,
AS SHOWN ON THIS EXHIBIT AND MORE
COMPLETELY DESCRIBED AS
FOLLOWS:
Commencing at the Southeast (SE) Corner
of the Northwest Quarter (NW 1/4) of said
Section 35; thence S 88'01'25" W 593.85
feet along the South Line of said Section
35; thence N 01'58'35" W 36.76 feet to
a point on the North Right—of—way Line
of US Hwy 61 and the Point of Beginning;
`thence 95.38 feet Northeasterly along a
498.00 foot radius curve concave
Northwesterly having a 95.23 foot chord,
bearing N 51'50'37" E to the Westerly
Right—of—way Line of Terminal Drive;
thence 66.64 feet Northwesterly along a
645.00 foot radius curve concave
Northeasterly having a 66.61 foot chord,
bearing N 50'52'44" W along said Westerly
Right—of—way, thence 308.22 feet
Southwesterly along a 432.0 foot radius
curve concave Northwesterly having a
301.73 foot chord, bearing
S 67'54'34" W to a point on the North
Right—of—way Line of Merlin Lane; thence
N 88'01'25" E 197.71 feet to the NE
Corner of said Hwy 61 Right—of—way,
thence N 84'22'35" E 59.06 feet to the
Point of Beginning. Said tract contains
0.25. acres including and subject to all
easement of record.
"T. -2-1 OF ..,., . THE
N E 1/4
NOTE: The South Line of the NW 1/4 of
said Section 17 is assumed to bear
5 88'01'25" W.
Eeleting 00,00' 000
County ft.O.W.
1328.19'
/ ._ S 88°01'25" W _ —
SW CORNER
NW 1/4
SECTION 35
T 88 N, R 2 E
Fd. Rebar
SCALE 1" = 300'
irk
0 60' 150' 300'
SE 1/4
NW 1/4
MERLIN LANE
SE 114
LOT B
RELOCATED
MERLIN LANE
R=432.00'
L=308.22'
Tan=161.00'
4=40°52'45"
N 67°54'34" E
301.73'
— 734.34
LEGEND
SET REBAR with YELLOW
SURVEY CAP N0. 14052
ASECTION CORNER
0 F0UN0 CORNER
(0s Coiled Out on Piot)
15.0' FIELO MEASUREMENT
(1002 PREVIOUSLY RECORDED
-.C- 44- FENCE LINE
SURVEYED TRACT
NE CORNER
NW 1/4
SECTION 35
T 88 N, R 2 E
Fd. Rebor
CENTERLINE OF
w
N
N
1aD,aD' ,
R.o.w.
SOUTHBOUND LANE-
12
ANEI2
\y
I
R=645.00'
L=66.64'
Tan=33.35'
4=5055'11"
N 50°52'44" W
66.61'
2656.38' _ — — — —
N 88°01'25" E
197.71'
Existing Dubuque
County ROW
_ IDOT ROW
P.O.B.— SE CORNER
N 84°22'35" E NW 1/4
59.06' SECTION 35
Exl:ling T 88 N, R 2 E
IDOT ROW~ Fd. Mag N011 Nth
Cap 60761
(n
m
AREA BREAKDOWN
LOT B - SE 1/4 NW 1/4
0.25 ACRES
0.25 ACRES -TOTAL
0
N 01°58'35" W
36.76'
R=498.00'
L=95.38'
Tan=47.83'
4=10°5824"
N 51°50'37" E
95.23'
M 917Zto1.O N
o•
w:DANIEL J.
: HINGTGEN : m
" w : 14052 • -<;
••*�c
/OM
I hereby certify that this land surveying document was
prepared and the related survey work was performed by
me or under my di ct per onal supervision ond that I
am o duly iicena and urveyor under the lows of the'
State of law
VIII iii
Dan Hingtger•tt urveyor 'Date
License number: 052
My registration renewal dote Is December 311, 2014
Pages or sheets covered by this seal. / (641.5)
ACQUISITION PLAT EXHIBIT A
Drawn by. 0✓0 Protect N0.: 7800.10
Drawing Data: 01/20/14
Drawing Name: H: (1609.10(Adport Entrance Road Plafs.dwg
engineers+ planners + land surveyors
-NE (/4--
-SE1/4--
Sur886 vey Locati
R2Eon
7
SHEET 1 of 1
r '.J. / . 07.
EASEMENT FOR ROADWAY ACCESS
KNOW ALL PERSONS BY THESE PRESENTS:
That the City of Dubuque (hereinafter "City") in consideration of the sum of
One Dollar ($1.00) to be paid by Dubuque County, and other good and valuable
consideration, the receipt of which is hereby acknowledged by the City, does
hereby sell, grant, and convey unto Dubuque County (hereinafter "County"), a
perpetual roadway easement, as from time to time determined by the City, over,
under, through and across the following described real estate:
Lot B for the Relocation of Merlin Lane located in the Southeast Quarter
of the Northwest Quarter of section 35, Township 88 North, Range 2 East
of the 5th Principal Meridian, Dubuque County, Iowa as shown on the plat
attached hereto recorded on the 5th day of Nov, 2014, Instrument No.
2014-00012574 , records of the Dubuque County Recorder
(hereinafter called "Easement Area") for the purpose of relocating Merlin Lane
and the County constructing, reconstructing, repairing, grading, improving, and
maintaining public vehicular and pedestrian access, together with necessary
appurtenances thereto, under, over, through and across said Easement Area.
This Easement shall be subject to the following terms and conditions:
1. ERECTION OF STRUCTURES PROHIBITED. City and its successors
and assigns shall not erect any structure, building, or fence over or
within the Easement Areas without obtaining the prior written approval
of the County Administrator or his designee.
2. MAINTENANCE OF EASEMENT. County shall keep and preserve
that portion of the easement, known as Merlin Lane in good repair and
condition at all times, and shall not plant nor permit to grow any trees
or other vegetative growth within the Easement Area which might
reasonably be expected to obstruct or impair the purposes of the
easement.
3. CHANGE IN GRADE PROHIBITED. City and its successors and
assigns shall not change the grade, elevation or contour of any part of
the Easement Area without obtaining the prior written consent of the
County or its designee.
4. RIGHT OF ACCESS. County shall have the right of access to the
Easement Areas from property adjacent to the Easement Areas and
have all rights of ingress and egress reasonably necessary for the use
and enjoyment of the Easement Areas as herein described, including,
but not limited to, the right to remove any unauthorized obstructions or
structures placed or erected on the Easement Areas and the right to
improve, repair, and maintain the Easement Areas in whatever manner
necessary or consistent with its purpose.
5. EASEMENT RUNS WITH LAND. This Easement shall be perpetual,
permanent and runs with the land and shall be binding on City and on
City's successors and assigns.
6. PROPERTY TO BE RESTORED. Upon completion of any
construction, reconstruction, repair, enlargement or maintenance of
any improvements in any Easement Area, the County shall restore the
easement area in good and workmanlike manner to a condition
comparable to its condition before construction, reconstruction or
alteration.
City does HEREBY COVENANT with the County that City holds said real
estate described in this Easement by title in fee simple; that City has good and
lawful authority to convey the same; and said City covenants to WARRANT AND
DEFEND the said premises against the lawful claims of all persons whomsoever.
Each of the undersigned hereby relinquishes all rights of dower,
homestead and distributive share, if any, in and to the interests conveyed by this
Easement.
Words and phrases herein including acknowledgment hereof shall be
construed as in the singular or plural number, and as masculine or feminine
gender, according to the context.
Signed this / day of
CITY OF IJBUQUE
By: Mayor" oy D. Buol
STATE OF IOWA
ss
COUNTY OF DUBUQUE )
, 2014.
On this day of
2014, before me, the undersigned, a Notary Public in and for the State of Iowa,
personas
2), eue,,,i
appeared
, to me known to
be the identical person(s) named in the foregoing instrument and who executed
the same as his/her/their voluntary act and deed.
4-
AEviiir
tary Public in and
State of Iowa
KEVIN S. FIRNSTAHL
COMMISSION NO.745295
MY,,/.167%/� EXPIRES
STATE OF IOWA {SS:
DUBUQUE COUNTY
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: August 8, 2014, and for which the charge is $43.50.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this /A59 day of _ac a , 20 /$ .
Notary Public in and for Dubuque ounty, Iowa.
ii�M.YfY %, H6"E
Commissian
My Cc.°nm. Ex
needs should contact
CITY OF,DWBUQUE,, the City Clerk's Office
-IOWA • t at (563) 589-4100 or
ORE DIAL NOTICE TDD (563) 556-9948 at.
NOTICE OF;A,PUBLIC least 48 hours prior to
HEARING 'OFTHE the meeting.
CITY COUNCIL OF Dated this 8th; day of
THE CITY OF DUBU- August, 2014.,
MASTERWOK�' THEON THEIevin S..Flrnstahl,
tENt TO DISPOSE OF . CMC, City Clerk
1t 6/8 •
AN INTEREST IN REAL
PROPERTY BY EASE- RESOLUTION
MENT AGREEMENT NO. 232-14
TO: DUBUQUE COON- SETTING A PUBLIC
HEARING ON THE
PUBLIC NOTICE Is PROPERTY IBY. EASE-'
hereby given that the MENT TO -DUBUQUE.
CIO Council of the City COUNTY
pf Dubuque, Iowa„willWhereas, the City of
hold 8.public hearing Dubuque is construct-:
i on the Agin day of Aq ',mg a new airport ter-
, gust, 2014 at 6:30 pp.m. mitral at the Dubuque'1
in the Historic'Federal Regional Airport, and
building, second floor Whereas as part of
Council Chambers, 350 the construction prof -
West 6th Street, Dubu- ,ect a new entranSe
que, Iowa,' at which road Is being , corn.
meeting the City Coun- structed, and
cil proposes to dispose Whereas, oohstruc-'
of an interest in the fol i.: tion of the new en
lowing described real trainee roadrequires
property:,the relocation of a Por -
LOT -13i
FOR THE RE- tion of Merlin Lane, a
LOCATION' -OF MER- county roadway, add
LIN LANELOCATED IN Whereas, the:. portion:..
THE SOUTHEAST of Merlin Lane was re-
QUARTER
FQUAR� ITHocateit onto Clty of
TER OF SECTION 35, p Whereas s, it was, and 1
TOWNSHIP'` Be is, 11i the best Interests
NORTH, RANGE 2 of the City and Dubu°
EAST OF THE 5TH que County for' Merlins 1
PRINCIPAL MERIDI- ,Lane to be relocated
AN; DUBUQUE COON- onto City property yet”
TY,
,IOtheAmeeting, theAI remain a county road,
At and
City Council will re- Whereas, Dubuque
ceive oral and written,county has agreed to
comments from any accept ar easement 1
resident or proper -property for the relocated Mer -
owner of said City to lin Lane on City proper- l
ithe above action. Writ- ty
ten comments regard- NOW THEREFORE, BE
above lic IT RESOLVED;: BY THE.
hearingngthe may bepubsub I CITY COUNCIL OF THE
C ittere s Officeto
o City he bCITY OF DUBUQUE, IO•-
fore said tirtite of public Wp'
hearing. Seaton 1.l That tha
Coples of supporting pub Chea sets e
documents for the pub public hearing on enthc
lic hearings, are on file with -Dubuque
Agreement
in the City Clerk's Of -"fork Du8tque ;CouAty
five, 50 W.. 13th Street, for'the 18th day 6:30 Au. I
and, may be viewed .gust 2010. at p.m.
during norpial working n the City SeconCouncd
Jiuurs Chambers, •,:Second.,
Any visual or hearing
uafloor of khe
impaired persons; ,Federal Building,Historic 350 i
needing speciaL asses 1 W. 6th Street, Dubu
tance or, persons with que IOWA
special accessibility - passed, appraved.and
adopted this 4th day of
AUgust, 2014. f`
_Roy D. BAfteMaKevin 5. 11
Flrnstahl, City Clerk