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Vacate Public Utility Easement - 3507 Keystone Drive / J&K Real Estate, Pooh's Corner Copyrighted May 7, 2018 City of Dubuque Items to be set for Public Hearing # 1. ITEM TITLE: Vacate Public Utility Easement-3507 Keystone Drive / J&K Real Estate SUMMARY: City Manager recommending that a public hearing be set for May 21, 2018, to consider vacation of public utility easements on Lot 1 and 2 of Pooh's Corner—J & K Real Estate Property at Key Way Drive and Keystone Drive. RESOLUTION of Intent to vacate and dispose of City interest in Public Utility Easements over and across Lot 1 and 2 of Pooh's Corner in the City of Dubuque, Dubuque County, lowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for May 21, 2018 ATTACHMENTS: Description Type Vacate Public Utility Easement J&K Real Estate City Manager Memo Property-NNM Memo Staff Memo Staff Memo Resolution Resolutions Requestto Vacate Supporting Documentation ExhibitA Supporting Documentation Area Map Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Vacate Public Utility Easements on Lot 1 and 2 of Pooh's Corner — J & K Real Estate Property at Key Way Dr. and Keystone Dr. DATE: May 3, 2018 City Engineer Gus Psihoyos is recommending that a public hearing be set for May 21 , 2018, to consider vacation of public utility easements on Lot 1 and 2 of Pooh's Corner— J & K Real Estate Property at Key Way Drive and Keystone Drive. 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 Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Dubuque THE CITY OF � � V L � ��.cr�acm t� I.I �� Masterpiece on the 1'Vlississippi Z°°''Z°'z 2013•2017 TO: Michael C. Van Milligen, City Manager i �� FROM: Gus Psihoyos, City Engineer .;%`;_� � SUBJECT: Vacate Public Utility Easements on Lot 1 and 2 of Pooh's Corner— J & K Real Estate Property at Key Way Dr. and Keystone Dr. DATE: April 30, 2018 INTRODUCTION This is in response to a request from Jason Meyer of J & K Real Estate LLC requesting the vacating of a public utility easements across portions of Lot 1 and 2 of Pooh's Corner, common address 3507 Keystone Drive, in the City of Dubuque, lowa. BACKGROUND J & K Real Estate LLC owns the property legally described as Lot 1 and 2 of Pooh's Corner at the northwest corner of Key Way Drive and Keystone Drive. Public utility easements (8' wide and 10' wide) were platted over portions of Lot 1 and 2 in Pooh's Corner according to Final Plat of Key Knolls Subdivision recorded as file number 2517-72 in the office of the Dubuque County Recorder. These utility easements were dedicated to the public for public utility purposes. These easements as shown on the attached exhibits were never used by the City or any public utility company and are vacant. J & K Real Estate LLC is planning to develop Lots 2 of Pooh's Corner into a multi-unit residential use. DISCUSSION J & K Real Estate LLC is planning to develop said Lot 2 for a multi-unit residential use. The proposed location for the residential building lies over the existing public utility easements on the lots. J & K Real Estate LLC is petitioning to vacate the public utility easements across the lots in order to facilitate the construction of the proposed residential building. These easements as shown on the attached exhibits were never used by the City or any public utility company and are vacant. Engineering Department staff has reviewed this request and has determined that the existing public utility easements are not needed for City utilities. All public utility easement owners have consented to the request for the vacation of the easements. Alliant Energy consented to the request to vacate the easements after J & K Real Estate LLC had granted Alliant a new electric utility easement along the north end of Lots 1 and 2 of Pooh's Corner. Therefore, staff is recommending vacation of the public utility easements across Lots 1 and 2 of Pooh's Corner as indicated on the attached Exhibit. RECOMMENDATION I would recommend that the public utility easements across portions of Lot 1 and 2 of Pooh's Corner in the City of Dubuque, lowa, as indicated on the attached Exhibit, be vacated and that a public hearing be set for the disposal of the City's interest in the subject area on May 7, 2018. ACTION TO BE TAKEN I respectfully request that a public hearing be held on the disposal of the real property. A public hearing should be set for May 21, 2018 on the disposal of the easements through adoption of the enclosed resolution. Prepared by Nate Kieffer, PE/PLS 2 THECTTYOF AREA MAP � DUB E DAGIS ,� o�e�Q�E�aER��aAP��,��aMa.�ovs.,.E� Masterpiere on the Mississippi �� ..351;0, :K, � . 3508 � �., � ` � 3'500 � � � ..In��_T,�._ �.. ' _ _ - _ �..J I IIVV r VULI� �aw '. � � UTILITY - > . �`f _ • .. ;,, � , ��. :��ti..� u�'�;:��,-: - �.��- ��`�`-: }, EASEMENT TO BE :,� .. �� -�. � VACATED R� �� .�� . " d:.;i ' � � t - -.�rz��,, "� / l r`. �''..�,� ��', 1�. ''y�, h � � t ,1 h� / t ' . . ... _ '� �"�";1��`� ' A�� _ Y �, ', � I 3398 — �r1s�`, .. t ��, , �:� ��" � D � � �;�. . � � � �; ,� .. ;, � �3519 , 3511 3� ��.� _` �+', a � � � 3515 � �'�a'''� �Q 4�� r� �' .� � * � . � �:,,� a. �, � �� , { �� 1 a � , .� 3507 � ��u� ��- � ;, , POOH'S ' ` 3507 ,s , .�,�-�.�ti; ' �'��.�� r _R _� . =�s��; �` ''� ; � r " � �'1C � • �'`� `�,: 3394< , �� 1 �/ �- �� . /�� ' "` ;� ..�� `��, �_ .- .,�,', _ .,,• � . KEySTo � _ " r 3490 �- �- � �EOR ' � LOT 2 P00H'S ` �'-'t1 � CORNER � ,. �: �.. ,� ;: A � �� `1,r � , . _ _ �' � � ' �� ,� �. � ��ti-- o� , ;�f 1894 � �. _ � , v � 3508 � A ��g� � ' � �, ' •;, �~ ' " • r Dub�u ue Count Assessor, Cit of Uubu ue H ssor" .: , . ��, •; 1896 ,: � .. a v v a _ ,_ `-n..;�1890 �-... , , F. DISCLAIMER:Thls Informatlon was mmplled �sing the Dubuque Area Geographlc Informatlon SVstem oAcis�,wnid,md�d�dar��eaeed ev eom me ciev oF � Map P�epa�ed by: Dubuque and Dubuque County. It Is understood that,whlle me ciev oF o�e�q�e a�d pa�eidpaei�g age�d��ewzed me City of Dubuque mo��,��e�ca�da��ce��fo�mac�o�a�auabie,oA��sa�d 1 inch = 60 feet EngineeringDivision ie�s�,vvue�s do�oe wa��a�e me a��a o��,Re�a of ine mr��maeio�o�dar��o�eai�ed ne�em rne ciev a�d PamdPaei�g 50 West 13th St�eet age��i�snau�oe ee neia uaeie Fo�a�v ai�e�e,i�ai�e�e,i��iae�eai, Dubuque,lowa 52001 ��a�e�eiai,v��ieroe,o�svedai aamae�,wneme�Fo��eeaeie o� ��eeaeie,a��s��g o�e oF me a�eno�izea o��a�eno�izea�se oF 60 30 0 60 F22t Phone:(563)589-4270 mis daea o�me i�aewev eo��mis daea o�o�e oF a�v e�ead,oF wa��a�ry wnarsoe�e� Fax.(563)589-4205 To whom it may concern: I am offici211y requesting to vacate the utility easement on my property at 3507 Keystone Dr, Dubuque lowa. Please reference attached exhibit from Buesin�and Associates. Sinc�rely, �� (� �, � � . �:�.,�.�� asan Meyer I � Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-427o Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 130-18 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN PUBLIC UTILITY EASEMENTS OVER AND ACROSS LOT 1 AND 2 OF POOH'S CORNER IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, J & K Real Estate LLC is the current owner of Lot 1 and 2 of Pooh's Corner in the City of Dubuque, Dubuque County, Iowa; and Whereas, public utility easements were platted over portions of Lot 1 and 2 in Pooh's Corner according to Final Plat of Key Knolls Subdivision recorded as file number 2517- 72 in the office of the Dubuque County Recorder; and Whereas, J & K Real Estate LLC is planning to develop Lots 2 of Pooh's Corner into a multi -unit residential use and whereas the proposed location of the residential building(s) lies over said utility easements; and Whereas, Jason Meyer on behalf of J & K Real Estate LLC has petitioned to vacate the public utility easements across portions of said Lot 1 and 2 of Pooh's Corner in order to facilitate the proposed residential development on Lot 2 of Pooh's Corner. 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 the public utility easements across portions of Lot 1 and 2 of Pooh's Corner in the City of Dubuque, Dubuque County, Iowa, as shown on the attached Exhibit. Section 2. That any and all applicable publication and recording fees are to be paid by J & K Real Estate LLC. Section 3. That a public hearing on the intent to vacate and dispose of City interest in the public utility easements across portions of Lot 1 and 2 of Pooh's Corner in the City of Dubuque, Dubuque County, Iowa, is hereby set for the 21st day of May, 2018, at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, beginning at 6:00 p.m., and the City Clerk be and is hereby authorized and directed to cause a notice of public hearing on the intent to vacate and dispose of said interest to be published in the manner as prescribed by law. Passed, approved and adopted this7th day of May 2018. Attest: KevVVS. Firnstahl, _` MC, City Clerk c Roy D. Buol, Mayor Exhibit "A" Vacation Plat of: Existing 8' & 10' Public Utility Easements, over and across Lot 1 and Lot 2 of Pooh's Corner in the City of Dubuque, Iowa LOT 0 BLOCK 12 OF 'KEY KNOLLS SUBDIVISION' EXISTING PUBLIC UTILITY EASEMENT TO BE VACATED (HATCHED AREA) LOT 1 BLOCK 12A OF "KEY KNOLLS SUBDIVISION" LOT 1 OF POOH'5 CORNER Kf QNe op`, LEGEND PROPERTY LINE _ROW w RIGHT OF WAY LINE E:1IST2NG EASEMENT LINE CEN'E*'LINE NOTES EXISTING 0' PU9LIC UPLItt EASEhIENT / LOT 2 OF POOH'S CORNER // ! O 1 4 /' !w / r / 0' 15' 30' SCALE: 1" = 30' 60' T. ALL MEASUREMENTS ARE IN FEET AND DECIMALS 'MEREOF. 2. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD / UESiINNG .6.1 SSRR ARB VIRi'STORS 1112 LOCUS2 5T. 4184 E. u ISfi3) 555-4?B? BY: JC H 0*0,2ED BY: ILc SURVEY DATE: '2/01;':5 PLOT 42)0: 4/45/let DWG. N0. 1)213-01 SCALE 1' = 30' SHEET 1 OF 1