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Cody Drive Right-of-Way Acquisition Plat Copyright 2014 City of Dubuque Consent Items # 14. ITEM TITLE: Cody Drive Right-of-Way Acquisition Plat SUMMARY: City Manager recommending approval of the Acquisition Plat for property on the east end of Cody Drive and acceptance of the dedication of said lot for right-of-way purposes related to expansion of Valentine Park. RESOLUTION Approving the Acquisition Plat of Lot 5A of Block 7 except the westerly 75' thereof, of Pioneer Hills, in the City of Dubuque, Iowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Cody Drive ROW Plat and Dedication-MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions Acquisition Plat Supporting Documentation Location Map Supporting Documentation THE CITY OF Dubuque DUB E i" Masterpiece on the Mississippi 2007.2012.2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Cody Drive Right-of-Way Plat and Dedication DATE: October 11, 2016 Recently, the City of Dubuque and George and Dorothy Roepsch entered into an agreement whereby the City is to purchase a portion of the Roepsch's property to be used in the expansion of Valentine Park. As part of that agreement, the City is responsible for the surveying and platting of the proposed division of the Roepsch property. All of the Roepsch land is to be sold to the City except for the area currently occupied by their home and garden. The Roepsch's currently own the land under the south side of the cul-de-sac at the east end of Cody Drive. Currently the City benefits from a right of way easement over this area. The Roepsch's have agreed to dedicate this area to the City as permanent right of way in place of the easement. This is being done to facilitate the platting and division of the park and residential lots. An Acquisition Plat has been prepared to provide the right of way area. City Engineer Gus Psihoyos recommends City Council approval of the Acquisition Plat of Lot 5A of Block 7, except the westerly 75' thereof, Pioneer Hills, and acceptance of the dedication of said lot for right of way purposes. I concur with the recommendation and respectfully request Mayor and City Council approval. 6&zn' Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer 2 THE CITY OF Dubuque ky DUB El 1'_� c 1111.r Masterpiece on the Mississippi 2007.2012.2013 TO: Michael C. Van Milligen, City ManGerFROM: Gus Psihoyos, City Engineer SUBJECT: Cody Drive Right of Way Plat and Dedication DATE: October 11, 2016 INTRODUCTION This memo provides information regarding the platting and acceptance of additional right of way at the east end of Cody Drive. BACKGROUND Recently, the City of Dubuque and George and Dorothy Roepsch entered into an agreement whereby the City is to purchase a portion of the Roepsch's property to be used in the expansion of Valentine Park. As part of that agreement, the City is responsible for the surveying and platting of the proposed division of the Roepsch property. All of the Roepsch land is to be sold to the City except for the area currently occupied by their home and garden. The Roepsch's currently own the land under the south side of the cul-de-sac at the east end of Cody Drive. Currently the City benefits from a right of way easement over this area. The Roepsch's have agreed to dedicate this area to the City as permanent right of way in place of the easement. This is being done to facilitate the platting and division of the park and residential lots. DISCUSSION Prior to further land divisions described in the Offer to Buy Real Estate and Acceptance with Roepsch, the additional right of way of Cody Drive needs to be platted. The platting of this additional area has been coordinated with the owners of the property and they have signed and consented to the plat. The City of Dubuque Engineering Department has prepared an acquisition plat to provide the right of way area. The area being platted will be dedicated to the public for street and utility purposes. RECOMMENDATION I recommend that the City Council approve the Acquisition Plat of Lot 5A of Block 7, Except the Westerly 75' Thereof, Pioneer Hills, in the City of Dubuque, Iowa, which provides right of way for cul-de-sac at the east end of Cody Drive by the adoption of the attached resolution. ACTION TO BE TAKEN I respectfully request approval of the Acquisition Plat of Lot 5A of Block 7, Except the Westerly 75' Thereof, Pioneer Hills, in the City of Dubuque, Iowa, and acceptance of the dedication of said lot for Right of Way purposes, through the adoption of the enclosed resolution. Prepared by: Nate Kieffer, PLS Cc: Bob Schiesl, Assistant City Engineer Kyle Kritz, Associate Planner Don Vogt, Operation and Maintenance Manager John Klostermann, Streets and Sewer Maintenance Supervisor 2 NAE LOCATION MAP DAGIS ELL000E AREA G aGKAPIIC INFER-1—=v„EH Masterpiece on the Mississippi 740 AREA TO BE DEDICATED AS STREET ROW 725 v ,y UTILITY POLE 735 739 755 - 60' WIDE PROPERTY FRONTAGE t ♦+ 755 NISr AREA RETAINED 763 �p0� ,; - BY ROEPSCH FOR GARDEN - 95, - - 30 750 AREA TO BE DEDICATED AS STREET ROW 764x.. y`',_, AREA TO BE PURCHASED BY CITY Dubuque County Assessor, City of Dubuque Assessor DISCLAIMER:This Information was compiled (sing the Dubuque Area Geographic Information System DAGIS),whirl,md,dAs data cleated by beth the city of N Map Prepared by: Dubuque and Dubuque County. It Is understood that,while the city of Dobogoe and participating agencies atilsAd the City of Dubuque most—r',tand amurate Information available,DAGIS and 1 inch = 50 feet Engineering Division its suppliers do not warrantthe accuracyoC ct,,e-, ,tithe mfo�maeon o�data contained herein.The city and participating 50 West 13th Street agencies shall not be held cable f i-any direct,indirect,incidental, Dubuque,Iowa 52001 mnsmgnential,pnnitroe,oi-special damages,whether fo�Asmeable or onf—seeable,wising oot of me s th,�,ed o,onaotholIised ose of 50 25 0 50 Feet Phone:(563)589-4270 this data oi-the Inability to usre this data or out of any breach of wa—ty whatsoever Fax:(563)589-4205 Prepared by: Nate Kieffer, City of Dubuque 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 356-16 APPROVING THE ACQUISITION PLAT OF LOT 5A OF BLOCK 7, EXCEPT THE WESTERLY 75' THEREOF, OF PIONEER HILLS, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat dated October 6, 2016 prepared by The City of Dubuque Engineering Department describing Lot 5A of Block 7, Excepting the Westerly 75' Thereof, of Pioneer Hills, in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto; and Whereas, upon said plat appears Lot 5A, which Dorothy S. Roepsch and George E. Roepsch, by said plat have dedicated to the public forever; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated October 6, 2016 prepared by The City of Dubuque Engineering Department., 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 and on behalf of the City of Dubuque, Iowa. Section 2. That the dedication of Lot 5A of Block 7, Except for the Westerly 75' Thereof, of Pioneer Hills, in the City of Dubuque, for Right of Way purposes, as it appears on said Acquisition Plat, be and the same are hereby accepted. 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 17th day of Octobdr, 2016. Attest: irnstahl., City C LO Roy D. Buol, Mayor SURVEYOR'S CERTIFICATE PROPERTY DESCRIPTION Lot 5A of Block 7, Except the Westerly 75' Thereof, Pioneer Hills, City of Dubuque, Iowa A part of Lot 5 of Block 7 of Pioneer Hills in the City of Dubuque, Iowa, more particularly described as follows: Commencing as a point of reference at the Southeast corner of Lot 5 of Block 7 of Pioneer Hills in the City of Dubuque, Iowa; Thence North 01 Degrees 43 Minutes 51 Seconds West along the East line of said Lot 5 a distance of 59.28 feet to the point of beginning; Thence Southwesterly being a circular curve concave to the North, having a radius of 45.00 feet, a chord of 86.30 feet which bears South 71 Degrees 47 Minutes 28 Seconds West, an arc length of 115.49 feet to a point on the north line of said Lot 5; Thence North 61 Degrees 41 Minutes 32 Seconds East along said north line a distance of 92.54 feet to the Northeast corner of said Lot 5; Thence South 01 Degrees 43 Minutes 51 Seconds East along the East line of said Lot 5 a distance of 16.92 feet to the point of beginning, containing 2,747 square feet, more or less, and is subject to easements, reservations, restrictions and rights of way of record and not of record. The above described parcel shall hereinafter be known as Lot 5A of Block 7, Except the Westerly 75' Thereof, Pioneer Hills, City of Dubuque, Iowa. The above described lots were surveyed and platted for right-of-way purposes, the plat of which is attached hereto and made a part of this certificate. AH monuments were placed or shall be placed within one year from the date this plat is recorded. p hereby certify that this land surveying document was prepared and the related survey work was erformed by me, or under my direct personal supervision, and that I am a duly licensed Professional and Surveyor under the laws of the State of Iowa. Date I() -0 -76 42 Russell N. Kieffer, P.L.S. No. 18128 My license renewal date is Dec. 31, 2016 Pages on sheets covered by this seal: this sheet only „$ANO ���. •.GAG qtr, o : RUSSELL N. cc KIEFFER •:2 k, 18128 p.•. 2 OWNER'S CONSENT Dubuque, Iowa , 2016 - The foregoing acquisition plat of Lot 5A of Block 7, Except the Westerly 75' Thereof, Pioneer Hills, 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. I hereby dedicate said Lot 5A to the public for street and utility purposes. Dorothy S. Roepsch Bv: UNIVERSAL NOTARY CERTIFICATE STATE OF 101-'4 ) COUNTY OF ) On this .fit- day ofrO'r 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared t acja Sc to me personally known, OR proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) acted, e cuted th i stru t. (Notary Seal) (Sign in blue ink) (Print/type name) Notary Public in and for State of Iowa 3 George E. - -psch CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER(S) (Title) (CORP SEAL) AFFIXED NO SEAL PROCURED _PARTNER(S) LIMITED _GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING PLANNING SERVICES Dubuque, Iowa 0c,401 t Z , 2016 The foregoing acquisition plat of Lot 5A of Block 7, Except the Westerly 75' Thereof, Pioneer Hills, City of Dubuque, Iowa, or within the two-mile jurisdiction of the City of Dubuque, Iowa, as defined under Section 354 of the Code of Iowa, has been reviewed by the City Planner, (or designee) of the City of Dubuque in accordance with Chapter 42 of the City of Dubuque Code of Ordinances, and said approval has been endorsed herein on the date first written above. Dubuque, Iowa CITY OF DUBUQUE, IOWA Laura Carstens, City Planner Planning Services Division City of Dubuque, Iowa October 17 , 2016 The undersigned, Roy D. Buol, Mayor and Kevin Firnstahl, Clerk of the City of Dubuque, Iowa, do hereby certify that the'foregoing acquisition plat of Lot 5A of Block 7, Except the Westerly 75' Thereof, Pioneer Hills, City of Dubuque, Iowa, and the dedication of Lot 5A of Block 7, Except the Westerly 75' Thereof, Pioneer Hills to the public for street and utility purposes, as appears heretofore has been filed on 17th day of October , 2016 as Resolution # 356-16 in the office of the City Clerk of Dubuque, Iowa and that the City Council of the City of Duc ue, Iowa approves said plat. Dubuque, Iowa The foregoing of Dubuque, COUNTY AUDITOR Mayor . Ire - City of Dubuque, IA I4rk of the ity eft .uque, IA , 2016 acquisition plat of Lot 5A of Block 7, Except the Westerly 75' Thereof, Pioneer Hills, City Iowa was entered of record in the office of the Dubuque County Auditor this of , 2016. We approve the subdivision name or title shown hereon to be recorded. Denise M. Dolan Dubuque County Auditor 4 CITY ASSESSOR Dubuque, Iowa , 2016 The foregoing acquisition plat of Lot 5A of Block 7, Except the Westerly 75' Thereof, Pioneer Hilis, City of Dubuque, Iowa was entered of record in the office of the Dubuque County Assessor this of , 2016. RECORDER'S CERTIFICATE Dubuque, Iowa Richard A. Engelken Dubuque City Assessor 2016 The foregoing acquisition plat of Lot 5A of Block 7, Except the Westerly 75' Thereof, Pioneer Hilis, City of Dubuque, Iowa has been reviewed by the Dubuque County Recorder. John Murphy Recorder of Dubuque County 5 Dubuque CITY OF DUBUQUE FOUND I"PIPE LOT 2-5 BAL LOT 1 ENGINEERING DEPARTMENT MIN.LOT31 ROEPSCH CITY HALL, 50 WEST 13th STREET PLACE AII-America City DUBUQUE, IA 52001-4864 LOT 5 BLK.1 1 ' PHONE (563)589-4270 FAX (563)589-4205 PIONEER HILLS - Drawn By: RNK Approved By: RNK Date: 0929.2016 BAL LOT 2-2-2-2 LOT 5A OF BLOCK 7, EXCEPT THE WESTERLY FOUND 5/8"REBAR MC LEAN HEIGHTS m 75'THEREOF, PIONEER HILLS W/CAP 84850 OWGLocalion: F:WKleffeACAD Drawingsb'oepsch valentine park plat ofsumay/roepsch 2007 Cody drive dedication plat 09292016.dwg in ih C.I.P.Number: N/A Sheet Number: 1 of 2 ry LOT 4 BLK.1 PIONEER HILLSN' wv N N N O BAL LOT 1-2-2-2 LOT 6 BLK.1 MC LEAN HEIGHTS LOT 3 BLK,1 PIONEER HILLS PIONEER HILLS LOT 2 FOUND 5/8"REBAR ROEPSCH PLACE W/CAP 94850 FOUND 1"PIPE PER INST.#6214-92 LOT 2 BLK.1 PIONEER HILLS BAL LOT 1-2-2 LOT 5 BLK,6 Q,o $ MC LEAN HEIGHTS PIONEER HILLS X61 V(y W m m LOT 1-2-1-1-1 j w ^� MCLEAN HEIGHTS LOT 4 BLK.6 in �9A PER INST.#1806-76 PIONEER HILLS L LOT 1 BILK.1 FOUND 1"PIPE 92y� °U) ���^ LEGEND 72 PIONEER HILLS 32� (4g) POINT OF L- IN LOT 3 BLK.6 Ike BEGINNING SET 5/8" REBAR WITH YELLOW 0 CI PIONEER HILLS N61°41'32"E 3.90' X61 Q PLASTIC CAP#18128 N FOUND 1"PIPE - iq LL. 0 0.14'NORTH OF LINE Uj LO5� • FOUND IRON ROD/PIPE AS SHOWN 0 c� @y29 N ® SET CUT"X" POINT OF -0 LOR.O.W. RIGHT OF WAY LOT BLK.6 FOUN01"PIPE 1j61 N132 Na COMMENCEMENT (100,0') RECORDED DIMENSION PIONEER HILLS CL LOT5BLK.7,EXCEPT P.O.B. POINT OF BEGINNING _ ARC L=115.49' WESTERLY75'THEREOF PIONEER HILLS FOUND I"PIPE P.O.C. POINT OF COMMENCEMENT N p R=45.00'(45') PLAT BK.33 PG.163 o �lCHORD N71°47'28"E 86.30' --- RIGHT OF WAY LINE(EXISTING) m LO LOT 1 BLK.6 �Q CENTRAL ANGLE 147°02'47" �� ADJACENT PROPERTY LINE l � PIONEER HILLS O�. \ 2 v WESTERLY 75' GG9 LOT 4 BLK.7 LOT 5 BLK.7 LOT 5A OF BLOCK 7 EXCEPT THE rn S43°19'39"W 65.44' PIONEER HILLS '�- PIONEER HILLS (65.28') WESTERLY 75' THEREOF, � PLAT BK.33 PG.163 FOUND 1"PIPE PIONEER HILLS, CITY OF DUBUQUE C) LOT 1 BLK.5 �� (79.05') 2,747 SQ. FT. (0.06 ACRES) '{ PIONEER HILLS S43°19'39"W 79.31' "� LOT 3 BLK,7 �„ U) PIONEER HILLS FOUND 1"PIPE �� NOTES: m0.29'NORTH OF LINE 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. S43°19'39"W 44.35' 2. PROPRIETOR OF ABOVE DESCRIBED PROPERTY:GEORGE&DOROTHY ROEPSCH,50 }, (44.45') LOT 1-2-1-1-1 WEST 13TH ST.DUBUQUE IOWA. LOT 2 BLK.7 MCLEAN HEIGHTS � 3. SURVEY REQUESTED BY:CITY OF DUBUQUE (1) PIONEER HILLS PER INST.#1806-76 4. TOTAL AREA OF PERIMETER SURVEYED IS 2,747 S.F. S43°19'39"W 34.58' FOUND STD.CONC.MON. (34.63') 5. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. NOTE: LOT 1 BILK.7 S61"29'57"E 6. DATE OF SURVEY:10-03-2016 LO PIONEER HILLS FOUND 1"PIPE / 170.02'(169.8l')/ THIS SURVEY IS LOCATED IN THE FOUND sro.CONI.MON. SW 1/4 SECTION 35,T89N,R2E N I hereby certify that this land surveying documentwas prepared and (DUBUQUE TOWNSHIP)OF THE 5TH the related survey work was performed by me or under my direct P.M.,IN THE CITY OF DUBUQUE,DUBUQUE COUNTY,IOWA Y `o•• ••w''� personal supervision and that I am a duly licensed Land CITY OF DUBUQUE N ��• ••tInG� Surveyor under the laws of the State of Iowa. ACQUISITION PLAT For the City of Dubuque z o: RUSSELL N. me a. KIEFFER ;0 COUNTY DUBUQUE PARCEL NO. N/A JOB NO. N/A NORTH m 1 �� 181213 PROJECT VALENTINE PARK SECTION 35 TWP 89N RANGE 2E -� le ROW-FEE SEEABOVE EXIST. ROAD N/A PERM. EASEM'T N/A 0 25' 50' 100' CL /QWP Russell N.Kieffer Iowa Lie.No.18128 Date LEGAL DESCRIPTION: PART OF LOT 5BLOCK 7.EXCEPT THE WESTERLY 75'THEREOF,PIONEER HILLS,CITY OF DUBUQUE SCALE 1"-50' FEET aMy license renewal date is December 31,2018 (Z Pages or sheets covered by this seal: PAGES 1 AND 2 ONLY OWNER GEORGE&DOROTHY ROEPSCH