Approval of Plat of Survey for Vacating a Portion of Kerper Blvd. ROW Lot 1C Copyright 2014
City of Dubuque Consent Items # 12.
ITEM TITLE: Approval of Plat of Survey for Vacating a Portion of Kerper
Blvd. Right-of-Way
SUMMARY: City Manager recommending approval of the Plat of Survey
of Lot 1 C of Block 19 of River Front Subdivision No. 3,
(Kerper Blvd. at Fengler St.) in the City of Dubuque in
conjunction with a Vacating Petition with Giese Company,
LLC.
RESOLUTION Approving Plat of proposed vacated Right-
of-Way of a portion of Kerper Boulevard adjacent to Lot 1
of Block 19 of River Front Subdivision No. 3, in the City of
Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Approval of Plat of Survey of Lot 1C of Block 19 of City Manager Memo
River Front Subdivision-MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Acquisition Plat 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: Approval of Plat of Survey of Lot 1C of Block 19 of River Front Subdivision
No. 3
For Vacating Petition/Kerper Boulevard Right-of-Way
(Giese Company LLP)
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 LLP 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
and of the proposed right-of-way area to be vacated.
City Engineer Gus Psihoyos recommends City Council approval of the Plat of Survey of
Lot 1C of Block 19 of River Front Subdivision No. 3, in the City of Dubuque.
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
buque
THE CITY Du
hftd
DUUB--*-- TE �c 1111,1
Masterpiece on the Mississippi 2007.2012.2013
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Approval of Plat of Survey Lot 1C of Block 19 of River Front Subdivision
No. 3
For Vacating Petition/Kerper Boulevard Right of Way
(Giese Company LLP)
DATE: December 19, 2016
INTRODUCTION
This is in response to a request from Giese Company LLP for the vacating of a portion
of the Kerper Boulevard Right of Way north of the intersection of Fengler Street and
Kerper Boulevard adjacent to Lot 1 of Block 19 of River Front Subdivision No. 3, being
the Giese Company LLP property at 2125 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
and of the proposed right of way area to be vacated. 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 Kerper
Boulevard right of way area to be vacated to Giese needs to be platted. The platting of
the right of way area has been coordinated with the owners of the property.
The City of Dubuque Engineering Department has prepared the attached vacation plat.
The area being platted will be vacated to Giese for site circulation and parking.
RECOMMENDATION
I am recommending that the plat of survey (vacation plat) be approved.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and that the Plat of
Survey of Lot 1C of Block 19 of River Front Subdivision No. 3, in the City of Dubuque,
Iowa be approved through adoption of the enclosed resolution.
Prepared by Nate Kieffer, PLS
Cc: Bob Schiesl, Assistant City Engineer
Todd Irwin, Engineering Technician
Denise Ihrig, Environmental Engineer
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Dubuque 'CITY OF DUBUQUE
bibig ENGINEERING DEPARTMENT
CITY HALL, 50 WEST 13th STREET
Ail -America City DUBUQUE, IA 52001-4864
1 1 1 1 IF
PHONE (563) 589-4270
Drawn By: RNK I Approved By:
2007
FAX (563) 589-4205
RNK I Date: 12-16-2016
LOT 1C OF BLOCK 19 RIVER FRONT SUB. NO. 3
DWG Location: F:\NKleffer\CAD Drawings \Kerper Blvd and Kerper Ct Saniryary
Easements \Kerper Sanitary Sewer giese swap kerper vacate 12162016.dwg
NORTH
C.I.P. Number.
0 25' 50'
SCALE 1" = 50' FEET
100'
LOT 2 =ry
GIESE SUB.
PER INST. #
2012-1419
Sheet Number:
1 of '
FOUND $" IRON ROD
W/YELLOW CAP NO. 11306
FFN
PLAT OF SURVEY (R.O.W. VACATION) OF
LOT 1C OF BLOCK 19 OF RIVER FRONT SUBDIVISION NO. 3,
IN THE CITY OF DUBUQUE, IA
COMPRISED OF:
BEING A RIGHT OF WAY VACATION OF PART OF KERPER BOULEVARD LYING EASTERLY OF AND
ADJACENT TO LOT 1 OF BLOCK 19 OF RIVER FRONT SUBDIVISION NO. 3,
IN THE CITY OF DUBUQUE, IOWA
LOT 1-2 BLOCK 19
RIVER FRONT SUB.
S° NO. 3 PER INST. #
37'3�„ 2007-9270
`9Q 38i
72,
LOT 1 BLOCK 19
RIVER FRONT SUB.
NO. 3 PER PLAT
BOOK 30 PAGE 399
ARC L=92.74'
R=1031.59' (1031.59')
CHORD S10° 49' 50"W 92.71'
CENTRAL ANGLE 05° 09' 03"
POINT OF
BEGINNING
LOT 1C
/
LOT 1A BLOCK 19
RIVER FRONT SUB.
NO. 3 PER INST. #
2007-9:270
S73° 17' 26"E 11.02'
S73° 17' 26"E 20.00'
(20.00')
ZU
/
FOUND MAG NAIL
ARC L=51.40'
R=1004.82'
CHORD S11° 54' 57"W 51.39' '
CENTRAL ANGLE 05° 55' 51"
PUBLIC UTILITY EASEMENT
ASSUMED BEARING
S6
9s • FOR T
`SS9° (33 OF TH
37,30. 3\)
29580 `.
04
R Sr
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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
a-)6-20)6
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
HE PURPOSES OVER ENTIRETY OF LOT 1C
IS SURVEY PER THIS PLAT
LOT 1B OF BLOCK 19, —
RIVER FRONT SUB. NO. 3
S60° 07' 12"E 26.06'
N29° 52' 48"E
36.40'
N59° 31' 30"W 36.02'
ARC L=7.66'
R=136.95' (136.95')
CHORD N60° 07' 50"W 7.66' (8.11')
CENTRAL ANGLE 3° 12' 17"
NOTES:
\\___ FOUND 8" IRON ROD
W/YELLOW CAP NO. 18128
S60° 52' 18"E 13.15'
LOT 1C OF BLOCK 19,
RIVER FRONT SUB. NO. 3
1,299 SQ. FT. (0.030 ACRES)
S27° 22' 41"W 40.70'
N64° 01' 40"W 11.28'
ARC L=51.34'
R=1031.59' (1031.59')
CHORD N06° 49' 46"E 51.33'
CENTRAL ANGLE 02° 51' 05"
ARC L=40.78'
R=1031.59' (1031.59')
CHORD SO4° 16' 17"W 40.77'
CENTRAL ANGLE 2° 15' 54"
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF
2. PROPRIETOR OF ABOVE DESCRIBED LOT: CITY OF DUBUQUE
3. SURVEY REQUESTED BY: GIESE COMPANY, LLP
4. TOTAL AREA OF PERIMETER SURVEYED IS 1,299 SQUARE FEET
5. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD
6. DATE OF SURVEY: 12-14-2016
NOTE:
THIS SIJRVEY 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
I
/
I
1
I
/
/
• FOUND IRON ROD/PIPE AS SHOWN
p SET 5/8" REBAR WITH YELLOW
PLASTIC CAP #18128
R.O.W. RIGHT OF WAY
(100.00') RECORDED DIMENSION
SLINE BREAK
ADJACENT PROPERTY LINE
RIGHT OF WAY LINE (EXISTING)
® SET MAG NAIL
® FOUND MAG NAIL
i
SURVEYOR'S CERTIFICATE
I, Russell N. Kieffer, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that the
following real estate was survey and platted by me or under my direct personal supervision, To Wit;
Lot 1C of Block 19, River Front Subdivision No. 3, in the City of Dubuque, Iowa, being a R.O.W.
vacation of part of Kerper Boulevard lying easterly of and adjacent to Lot 1 of Block 19, River Front
Subdivision No. 3, in the City of Dubuque, Iowa, more particularly described as follows:
Lot 1C of Block 19, River Front Subdivision No. 3
Beginning at the Northeasterly corner of Lot 1 of Block 19 of River Front Subdivision No. 3 in the City of
Dubuque, Iowa;
Thence South 73 Degrees 17 Minutes 26 Seconds East along the Southerly line of Lot 1A of Block 19
of River Front Subdivision No. 3 a distance of 11.02 feet;
Thence Southwesterly along a circular curve concave to the East, having a radius of 1004.82 feet, a
chord of 51.39 feet which bears South 11 Degrees 54 Minutes 57 Seconds West, an arc length of 51.40
feet;
Thence South 60 Degrees 52 Minutes 18 Seconds East a distance of 13.15 feet;
Thence South 27 Degrees 22 Minutes 41 Seconds West a distance of 40.70 feet;
Thence North 64 Degrees 01 Minutes 40 Seconds West a distance of 11.28 feet to a point on the
Easterly line of said Lot 1, also being the Westerly Right of Way line of Kerper Boulevard;
Thence Northeasterly along said Easterly lot line and Westerly Right of Way line, being a circular curve
concave to the East, having a radius of 1031.59 feet, .a chord of 92.71 feet which bears North 10
Degrees 49, Minutes 50 Seconds East, an arc length of 92.74 feet to the point of beginning, containing
1,299 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 1C 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.
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.
`Z'0 1 4 1 C Date /Z—J- 217
1,
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
2017
January 3 , 20)01
The foregoing Plat of Survey (R.O.W. Vacation) of: Lot 1C of Block 19, River Front Subdivision No. 3,
City of Dubuque, County 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. We hereby reserve a public utility
easement over the entirety of said Lot 1C.
By:
By:
City of Dubuque
i
Roy D. Buol, Mayor
Trish L. Gleason I aw4P-S—F-If--testa l ; C --Ie r -!k
Assistant City Clerk
UNIVERSAL NOTARY CERTIFICATE
STATE OF A(c)k,03,—
COUNTY
OF 1 6,,t .L..XL,
On this C day of
the undersigned, a Notary Publ
personally appeared
tMOS , 2017, before me,
in 'hd for said State,
4-V ri5-1 L4Aettbri 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) acte ecut�}d, tta instru Qnt.
(Notary Seal) `(}
„{�'��4 R PAMELA J. McCARRO.
Commission Number 772419
w,... My Gomm. Exp. 9-5-2016
(Q
gn in blue ink)
e_ eAa3\\1 `tn
int/type name)
Notary Public in and for State of Iowa
3
CAPACITY CLAIMED BY SIGNER
DIVIDUAL
RPORATE OFFICER(S)
r 100- (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
Tan. 5 , 2017
The foregoing Plat of Survey (R.O.W. Vacation) Lot 1C 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.
Dubuque, Iowa
CITY OF DUBUQUE, IOWA
3-15)44_0514.44ik,t,n
Laura Carstens, City Planner
Planning Services Division
City of Dubuque, Iowa
January 3 , 2017
* The undersigned, Roy D. Buol, Mayor, and-I-ev-ip-S---F-i a of the City of Dubuque, Iowa, do hereby
certify that the foregoing Plat of Survey (R.O.W. Vacation) of Lot 1CB of Block 19, River Front
Subdivision No. 3, City of Dubuque, County of Dubuque, Iowa, as appears heretofore has been filed on
3rd day of January , 2017 as Resolution # 5-17 in the
office of the City Clerk of Dubuque, Iowa and that the City Council of the City of [buque, lowyq approves
said plat.
* Trish L. Gleason, Assistant City Clerk
COUNTY AUDITOR
Dubuque, Iowa
Mayor .,, he City of Dubuque, IA
62�. 1C '
Asst. Clerk of the City of Dubuque, IA
1,6'1.7
. y v e 1.
The foregoing Plat of Survey (R.O.W. Vacation) of Lot 1C of Block 19, R «roht Z?ubdivisidr, No. 3,
City of Dubuque, County of Dubuque, Iowa was entered of record in tl et ice of,.,the'.Qubuque ounty
Auditor this b'of ,Ja nV qct", , 2017. We approve the subdivj's .no nary e orAtitLe I own hereon
to be recorded. u'
r� Denise M. Dolan
we Col)`nty Auditor
4
CITY ASSESSOR
Dubuque, Iowa CjOVWa2 Ut , 2017
The foregoing Plat of Survey (R.O.W. Vacation) of Lot 1C of Block 19, River Front Subdivision No. 3,
City of Dubuque, County of Dubuque, Iowa was entered of record in the office of the Dubuque County
Assessor this (9 of HOP utak, , 2017.
RECORDER'S CERTIFICATE
Dubuque, Iowa
Richard A. Engel en
Dubuque City Assessor
UC1u11 (c1±L— , 2017
The foregoing Plat of Survey (R.O.W. Vacation) of Lot 1C of Block 19, River Front Subdivision No. 3,
City of Dubuque, County of Dubuque, Iowa has been reviewed by the Dubuque County Recorder.
JOKY °irk,,,
John `Murphy
Recorder of Dubuque County
t�
5
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. 5-17
RESOLUTION APPROVING PLAT OF PROPOSED VACATED RIGHT OF WAY OF A
PORTION OF KERPER BOULEVARD ADJACENT TO LOT 1 OF BLOCK 19 OF
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, a plat dated December 16, 2016 prepared by the City of Dubuque Engineering
Department, showing the vacated portion of Kerper Boulevard adjacent to Lot 1 of Block
19 of River Front Subdivision No. 3 and assigned lot numbers thereto, to be known as
Lot 1C of Block 19 of River Front Subdivision No. 3, in the City of Dubuque, 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 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 for and on behalf of the City of Dubuque,
Iowa.
Section 2. 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.
Attest:
Trish L. Gleason, Assistant City Clerk
D. Buol, Mayor
STATE OF IOWA
CERTIFICATE of the CITY CLERK
) SS:
COUNTY OF DUBUQUE )
I, Trish L. Gleason, do herebycertify 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. 5-17 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 4t" day of January, 2017.
Trish L. Gleason, Assistant City Clerk