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Acquisition Plat and Dedication - Kerper Blvd. Right-of-Way Lot 1B Copyright 2014 City of Dubuque Consent Items # 11. ITEM TITLE: Acquisition Plat and Dedication - Kerper Blvd. Right-of-Way Sanitary Sewer Repair Project SUMMARY: City Manager recommending approval of the Acquisition Plat of Lot 1 B of Block 19 in River Front Subdivision No. 3, in the City of Dubuque, Iowa, and acceptance of the dedication of said lot for right-of-way purposes. RESOLUTION Approving the Acquisition Plat of Lot 1 B of Block 19, River Front Subdivision No. 3, in the City of Dubuque, Iowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Kerper Boulevard Right of Way Plat and Dedication- City Manager Memo MVM Memo Staff Memo Staff Memo Resolution Resolutions Acquisition Plat Supporting Documentation THE CITY OF Dubuque DUB TEMWinrkaCky 1111. Masterpiece on the Mississippi 2007.2012.2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Kerper Boulevard Right-of-Way Plat and Dedication — Kerper Boulevard Sanitary Sewer Repair Project DATE: December 26, 2016 Recently, the City of Dubuque and Giese Company, LLP entered into an agreement whereby the City would acquire a portion of Lot 1 of Block 19 in River Front Subdivision No. 3 owned by Giese Company in exchange for the vacation of a portion of excess right-of-way of Kerper Boulevard. City Engineer Gus Psihoyos recommends City Council approval of the Acquisition Plat of Lot 1B of Block 19 in River Front Subdivision No. 3, in the City of Dubuque, Iowa, 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. 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 THE CITYF Dubuque ID UI;BQ, TE 1I•AmeNcaC 1111.1 Masterpiece on the Mississippi 2007.2012.2013 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer —9��; SUBJECT: Kerper Boulevard Right of Way Plat and Dedication — Kerper Boulevard Sanitary Sewer Repair Project DATE: December 16, 2016 INTRODUCTION This memo provides information regarding the platting and acceptance of additional right of way at the intersection of Fengler Street and Kerper Boulevard. BACKGROUND Recently, the City of Dubuque and Giese Company, LLP entered into an agreement whereby the City would acquire a portion of Lot 1 of Block 19 in River Front Subdivision No. 3 owned by Giese Company LLP (Giese) in exchange for the vacation of a portion of excess right of way of Kerper Boulevard. As part of that agreement, the City is responsible for the surveying and platting of the proposed division of the Giese property. As part of the Kerper Boulevard Sanitary Sewer Repair Project, the City is planning to install a sanitary sewer lift station on property owned by Giese at the intersection of Fengler St. and Kerper Boulevard. Giese will retain an easement over a portion of the dedicated property in order for them to continue to use the parking lot area for vehicle maneuvering. DISCUSSION In accordance with the Offer to Buy Real Estate and Acceptance with Giese, the additional right of way of Kerper Boulevard 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 1B of Block 19 in River Front Subdivision No. 3, in the City of Dubuque, Iowa, which provides additional right of way needed for the for the Kerper Boulevard Sanitary Sewer Repair Project by the adoption of the attached resolution. ACTION TO BE TAKEN I respectfully request approval of the Acquisition Plat of Lot 1B of Block 19 in River Front Subdivision No. 3, 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 Todd Irwin, Engineering Technician Denise Ihrig, Environmental Engineer L i i Reserved for Recorder Dubuque ***``k* All -America City I 2007 CITY OF DUBUQUE ENGINEERING DEPARTMENT CITY HALL, 50 WEST 13th STREET DUBUQUE, IA 52001-4864 PHONE (563) 589-4270 Drawn By: RNK I Approved By: RNK FAX (563) 589-4205 'Date: 12-14-2016 LOT 1B OF BLOCK 19 RIVER FRONT SUB. NO. 3 -DWG Location: F:\NKieffer\CAD Drawings\Kerper Blvd and Kerper Ct Sanityary Easements\Kerper Sanitary Sewer giese swap boundary calcs 12142016.dwg NORTH C.I.P. Number: 0 25' 50' SCALE 1" = 50' FEET 100' N ^ cv a LOT 2 GIESE SUB. PER INST. #2017-00000334 2012-1419 Sgo Sheet Number: 1 of 2 FOUND e" IRON ROD W/YELLOW CAP NO. 11306 POINT OF COMMENCEMENT LOT 1B Fov NOTE: THIS SURVEY IS LOCATED IN THE SW 1/4 SECTION 18, T89N, R3E (JULIEN TOWNSHIP) OF THE 5TH P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA LOT 1 BLOCK 19 RIVER FRONT SUB. NO. 3 PER PLAT BOOK 30 PAGE 399 SS9° 37 90 2g• 2J NOTES: 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF 2. PROPRIETOR OF ABOVE DESCRIBED LOT: GIESE COMPANY LLP 3. SURVEY REQUESTED BY: CITY OF DUBUQUE, 50 W. 13TH ST. DUBUQUE, IOWA 4. TOTAL AREA OF PERIMETER SURVEYED IS 1,270 SQUARE FEET 5. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD 6. DATE OF SURVEY: 12-14-2016 LOT 1-2 BLOCK 19 RIVER FRONT SUB. NO. 3 PER INST. # 2007-9270 ASSUMED BEARING FOR THE PURPOSES OF THIS SURVEY LOT 1B OF BLOCK 19, SSRIVER FRONT SUB. NO. 3 `-96:9>"•70,,, (30, 1,270 SQ. FT. (0.029 ACRES) 30F \ ‘3,97 S60° OT 12"E 26.06' S60° 07' 12"E 3.88' c4F R• sr X7.2,, 'QOM J 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. For the City of Dubuque S23° 40' 27"E 18.78' ,N29° 52° 48"E 36.40' POINT OF BEGINNING LOT 1B N59° 31' 30"W 36.02' i ARC L=7.66' R=136.95' (136.95') CHORD N60° 07' 50"W 7.66' (8.11') CENTRAL ANGLE 3° 12' 17" Russell N. Kieffer Iowa Lic. No. 18128 Date My license renewal date is December 31, 2018 Pages or sheets covered by this seal: PAGES 1 AND 2 ONLY I f I / / LOT 1A BLOCK 19 RIVER FRONT SUB. NO. 3 PER INST. # 2007-9270 S73° 17' 26"E 20.00' (20.00') FOUND MAG NAIL • ARC L=144.08' R=1031.59' (1031.59') CHORD S09° 24' 17"W 143.96' CENTRAL ANGLE 8° 00' 09" ARC L=40.78' R=1031.59' (1031.59') CHORD SO4° 16' 17"W 40.77' CENTRAL ANGLE 2° 15' 54" S60° 17' 37"E 9.96' S29° 48' 28"W 15.09' EASEMENT FOR VEHICLE MANUEVERING S15° 11' 32"E 7.07' 060° 11' 32"E 6.93' CITY OF DUBUQUE ACQUISITION PLAT COUNTY DUBUQUE PARCEL NO. NIA JOB NO. NIA PROJECT KERPER BLVD, SAN. SECTION 18 TWP 89N RANGF 3E ROW -FEE SEE ABOVE EXIST. ROAD NIA PERM. EASEM'T N/A LEGAL DESCRIPTION: LOT 9B, BLK. 19, RIVER FRONT SUB. NO. 3, DUBUQUE, IA OWNER GIESE COMPANY, LLP 44/ LU I / / / / / • FOUND IRON ROD/PIPE AS SHOWN 0 SET 5/8" REBAR WITH YELLOW PLASTIC CAP #18128 R.O.W. RIGHT OF WAY (100.00') RECORDED DIMENSION // LINE BREAK ADJACENT PROPERTY LINE RIGHT OF WAY LINE (EXISTING) • SET MAG NAIL SURVEYOR'S CERTIFICATE PROPERTY DESCRIPTION Lot 1B of Block 19, River Front Subdivision No. 3, City of Dubuque, County of Dubuque, Iowa A part of Lot 1 of Block 19 in River Front Subdivision No. 3, City of Dubuque, County of Dubuque, Iowa, more particularly described as follows: Commencing as a point of reference at the Southwesterly corner of Lot 1 of Block 19 of River Front Subdivision No. 3 in the City of Dubuque, Iowa; Thence South 59 Degrees 31 Minutes 30 Seconds East along the Southerly line of said Lot 1 a distance of 295.80 feet to the point of beginning; Thence North 29 Degrees 52 Minutes 48 Seconds East a distance of 36.40 feet; Thence South 60 Degrees 07 Minutes 12 Seconds East a distance of 26.06 feet to a point on the Easterly line of said Lot 1, also being the Westerly Right of Way line of Kerper Boulevard: Thence Southwesterly along said Westerly Right of Way line, being a circular curve concave to the East, having a radius of 1031.59 feet, a chord of 40.77 feet which bears South 04 Degrees 16 Minutes 17 Seconds West, an arc length of 40.78 feet to the Southeasterly corner of said Lot 1, also being the intersection of the Northerly Right of Way line of Fengler Street and the Westerly Right of Way line of Kerper Boulevard; Thence Northwesterly along the Southerly line of said Lot 1 and the Northerly Right of Way line of Fengler Street, being a circular curve concave to the North, having a radius of 136.95 feet, a chord of 7.66 feet which bears North 60 Degrees 07 Minutes 50 Seconds West, an arc length of 7.66 feet; Thence North 59 Degrees 31 Minutes 30 Seconds West along the Southerly line of said Lot 1 and the Northerly Right of Way line of Fengler Street a distance of 36.02 feet to the point of beginning, containing 1,270 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 1B of Block 19, River Front Subdivision No. 3, City of Dubuque, County of Dubuque, Iowa. The above described lot(s) were surveyed and platted for right-of-way purposes, the plat of which is attached hereto and made a part of this certificate. All monuments were placed or shall be placed within one year from the date this plat is recorded. 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 Professional Land Surveyor under the laws of the State of Iowa. '7444'f )� Date /2 _1b -2-67/(v Russell N. Kieffer, P.L.S. No. 18128 My license renewal date is Dec. 31, 2018 Pages on sheets covered by this seal: this sheet only 2 OWNER'S CONSENT Dubuque, Iowa b The foregoing acquisition plat of Lot 1B of Block 19, River Front Subdivision No. 3, City of [3ubuque. County of Dubuque, |ovvm, is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate. We hereby dedicate said Lot 1B to the public for street and utility purposes. We hereby reserve an easement for vehicle nnaneuvoring, as shown on the attached acquisition plat, benefiting the owners of Lot 1 of Block 19 of River Front Subdivision No. 3. By: UNIVERSAL NOTARY CERTIFICATE \,�\J� STATE OF \U«»«~ . �� COUNTY OFl»0�-�|aU [�Q u �yf On this )2-) LJ day of eUu03ff<2O10. before me, the undersigned, a Notary Public |g and for said State, personally appeared ih0CO&L]' to me personally known, OR proved to me on the basis of satisfactory evidence to be the person(s) whose Darne/e\ is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized oopao}h/(|es), and that by h\`/honYhe\r signature(s) on the instrument the person(s) ooted. ~\ ^` rumen(Notary Seal) L� gnmblue ink) AMBER WENZEL (F int/type name) My. Comm. /g� esAz Thomas W. Giese, Partner CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER(S) (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 �vdLl1. 5 , 2017 The foregoing acquisition plat Lot 1B of Block 19, River Front Subdivision No. 3, City of Dubuque, County 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. 1)ra&M_EIWVJa7444 Laura Carstens, City Planner Planning Services Division City of Dubuque, Iowa Dubuque, Iowa CITY OF DUBUQUE. IOWA January 3 , 2017 The undersigned, Roy D. Buol, Mayor and Ieiia-F-hrk of the City of Dubuque, Iowa, do hereby certify that the foregoing acquisition plat of Lot 1B of Block 19, River Front Subdivision No. 3, City of Dubuque, County of Dubuque, Iowa, and the dedication of Lot 1B of Block 19, River Front Subdivision No. 3, City of Dubuque, County of Dubuque, Iowa to the public for street and utility purposes, as appears heretofore has been filed on 3rd day of January , 201 as Resolution # 4-17 in the office of the City Clerk of Dubuque, Iowa and ththe City Counci,, of the City of Dubuque, Iowa approves said plat. *Trish L. Gleason, Assistant City Clerk COUNTY AUDITOR Dubuque, Iowa 0 Mayor gl'ie City of Dubuque, IA Asst. Clerk of the City of Dubuque, IA The foregoing acquisition plat of Lot 1B of Block 19, River Front Subdivis, `:N,®. 3, Getty o�ff'4ukruq roue, County of Dubuque, Iowa was entered of record in the office of the -Dubuque nty., ucEtarlthisj(dii of J °Alva , 201K We approve the subdivision name or title shown I ;fin to be•°te'corilpd:. t.,-. 'd? 6e My iolan D •big14e'Con r Auditor 4 CITY ASSESSOR Dubuque, Iowa @(/(]�(� 4v .2O17 __ The foregoing acquisition plat of Lot 1B of Block 19, River Front Subdivision No. 3, City of Dubuque, IA -- of /��0(��K(� ' 201 ��n K RECORDER'S CERTIFICATE Richard A. Enge en Dubuque City Assessor Dubuque, Iowa }8 /k Left- 2017 The foregoing acquisition plat of Lot 1B of Block 19, River Front Subdivision No. 3, City of Dubuque, County of Dubuque, Iowa has been reviewed by the Dubuque County Recorder. `� � ^/U v\ �\ / YN\J.AO John Murphy Recorder of Dubuque County bv 5 Prepared bv: Nate Kieffer. Citv of Dubuaue. 50 W. 13th Street. Dubuaue. IA 52001 (5631589-4270 Return to: Nate Kieffer. City of Dubuque, 50 W. 13th Street. Dubuaue, IA 52001 (5631589-4270 RESOLUTION NO. 4-17 APPROVING THE ACQUISITION PLAT OF LOT 1B OF BLOCK 19, RIVER FRONT SUBDIVISION NO. 3, 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 December 16, 2016 prepared by The City of Dubuque Engineering Department describing Lot 1B of Block 19, River Front Subdivision No. 3, 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 1 B, which Giese Company, LLP, 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 December 16, 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 1B of Block 19, River Front Subdivision No. 3, in the City of Dubuque, Iowa, 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 3rd day of January, 2017. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Trish L. Gleason, do hereby certify that I am the duly appointed, qualified, Assistant City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such Assistant 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. 4-17 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 4th day of January, 2017. Trish L. Gleason, Assistant City Clerk