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Vacate Access Easement in Westbrook Subdivision / Callahan Construction Copyrighted May 7, 2018 City of Dubuque Items to be set for Public Hearing # 3. ITEM TITLE: Vacate Access Easement in Westbrook Subdivision SUMMARY: City Manager recommending that a public hearing be set for May 21, 2018, to consider vacation of an access easement on Lot E of Westbrook Subdivision as requested by Callahan Construction Inc., for a proposed storage building. RESOLUTION of Intent to vacate and dispose of City interest in an Access Easement over and across Lot#of Westbrook Subdivision 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 Access Easement Callahan Construction-NNM City Manager Memo Memo Staff Memo Staff Memo Requestto Vacate Supporting Documentation Resolution Resolutions 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 Access Easement Lot E of Westbrook Subdivision — Callahan Construction Inc. Proposed Storage Building DATE: May 3, 2018 City Engineer Gus Psihoyos is recommending that a public hearing be set for May 21 , 2018, to consider vacation of an access easement on Lot E of Westbrook Subdivision. I concur with the recommendation and respectfully request Mayor and City Council approval. �L;� 1��, ��.� 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 Maurice Jones, Economic Development Director Marie Ware, Leisure Services Manager THE CITY OF Dubuque � �w�ah D V B E r`-' "r I�� Is 1Vlaste iece on the Mississi i z°°''Z°'Z � pp 2nia•zoi� TO: Michael C. Van Milligen, City Manage � FROM: Gus Psihoyos, City Engineer �,,,%` ..r w„ SUBJECT: Vacate Access Easement Lot E of Westbrook Subdivision — Callahan Construction Inc. Proposed Storage Building DATE: April 30, 2018 INTRODUCTION This is in response to a request from Callahan Construction Inc. requesting the vacating of an access easement across the northerly portion of Lot E of Westbrook Subdivision in the City of Dubuque, lowa. BACKGROUND In 2005, Joel Callahan and Callahan Construction platted and developed Westbrook Subdivision off of Seippel Road in Dubuque. A 20' wide access easement was platted over the northerly portion of Lot E of Westbrook Subdivision according to Final Plat of Westbrook Subdivision recorded as file number 2005-3188 in the office of the Dubuque County Recorder. This access easement was dedicated to the City of Dubuque in order to access and maintain the existing storm water detention basin located adjacent to and north of said Lot E (existing basin is on Lot P Westbrook Subdivision No. 2). Lot E of Westbrook Subdivision is located off of Commerce Park and Callahan Construction Inc. is proposing to construct a storage building across the northern portion of thP lot. DISCUSSION Callahan Construction Inc. is planning to construct a storage building on the northerly portion of said Lot E. The proposed location for the storage building lies over the existing access easement on the northerly portion of Lot E. Callahan Construction Inc. is petitioning to vacate the access easement across the northerly portion of said Lot E of Westbrook Subdivision in order to facilitate the construction of the proposed storage building. The existing 20-foot-wide easement along the northerly line of Lot E does not contain any utilities and was exclusively intended for access to the City detention basin to the north. Engineering Department staff has reviewed this request and has determined that the existing 25' wide access easement on the west side of Lot E is sufficient for access to the detention lot property and facility. An additional 20' wide access easement was platted along the common lot line of Lots 14 and 15 in Westbrook Subdivision No. 2 giving the City an additional access route from the north to the detention basin site. This easement gives the City an additional access option for the maintenance of the facility. Staff is recommending vacation of the access easement across the northerly portion of said Lot E of Westbrook Subdivision as indicated on the attached Exhibit. RECOMMENDATION I would recommend that the access easement across the northerly portion of Lot E of Westbrook Subdivision, 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 easement through adoption of the enclosed resolution. Prepared by Nate Kieffer, PE/PLS 2 TDu$ E Insert Title DAGIS ,� o�e�Q�E�aER��aAP��,��aMa.�ovs.,.E� Masterpiece on the Mississippi Insert Subtitle 7756 �.7=732 7708 � � - - . 7608 � � ',�:�- �,; �, EXIST. 20' " ,�"> , _ _ fy � ' . � q �� - ; , ` � j ' ,� � � � :�� ACCESS � t �� =� 7729 ; 7705 7ss� ; _ �_ �, ; �.��` �EASEMENT OVEF ,. : � �}- _ .� 7614 � � � s� '� � F.. � 'h :.� a�. �- OT14AND15 : � '�� 7753 � < . - - ��,r-... ' �:�. . � � .r" F - �f L s g� . . : �__ ... �s ' . � �- L � A / � `" '� ry � � .._._ 'L a �.I �c� t�. '' �.-,', ,£ �< . '� � � � '� � - � � � � .��,EXIST. - � � �� -�F � � � a� 7_7_7_7 ROOK DR � �' ��'� � � s wEsrs 763$ ;DETENTION '� �:�, � � � �� ,��.5�/��I k .:� � t'�" --.� <� � BAS I N ON LOT P �,�A'� ;�� , �� *�„ ' T, �'' ° ; � WESTBROOK �� .�� .� �:,�� .q , . �'k � a� .,`�{, . f r }��`� 1 � - � :a � � �µ , �- SUB. NO. 2 t .� � ,. �+ 7662 - _ ,A ,� 4�'.. , , ' 7722 7710 7686 �� ` y' y '', 772s 1 � -;� � �20' ACCESS ,� � .� ' �-�EASEMENT TO � � ��.� � �'� � •'J ' . �� `- � BE VACATED � x .` �' CCESS -��J — � ±i � � � =,� r;' ,F: , ., �, s .. :. , , . � ; � , . � , �.,. ,, _ _.. ____ ASEMENT I . -� _ �PROPOSED � "` , , � � , � ,,, _—_ ��_ y �S� � �. � . � �._ � 50'X75' . �: � ' �� ' ` � � STORAGE "' �' � p; � ' _,a ��.� i,�;`� - :, Ej, I }�� . t,l �'� 7s2� � "' ' �. . � � BUILDING ' �� 7709 r � .� +� ,- i h �, r � R ' � LOCATION '' �` � _�'' � �` — ��, � . � - � � t �� " � � � — y`�d� � , p� i �� - ��.. � i� ��'�,� . � � , � ' �, _ 7600' � � 152s6�' '7819 ' � �� . _ _ �� p.��:. �� `_ �LOT E � � � `t� �� 77s9 � " � WESTBROOK �. k° � �� 7849 �� ' S U B. �r `� '��' � . � - , �:- , . � �, .:, � , - - � COMMERCE PARK .; � � . ` � � ,,. .� ' � ,7 � ''�� °. / '' �, r ' �- j a �, 7720 7680 � ,`��; *�rr� 7610`� • . =4� ��: , � � '•s'� ,. � � Dubuque County Assessor,City of� qu ssessor < ,.. DISCLAIMER:...._...._....__._....___...�..__ �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 = 100 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 100 50 0 100 Feet 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 Caliahan Construction, Inc. 7629 Commerce Park Dubuque, lowa 563-588-4273 T0: Gus Psihoyos,City Engineer,City of Dubuque FROM:Joel Callahan, President DATE: April 30, 2018 RE: Easement Callahan Construction, Inc. requests to vacate the easement located at 7629 Commerce Park, Dubuque, lowa 52002. Attached is information for Buesing &Associates, Inc. Thank�ya �� F ,� �p ��f 1 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. 132-18 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN AN ACCESS EASEMENT OVER AND ACROSS LOT E OF WESTBROOK SUBDIVISION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Callahan Construction Inc. is the current owner of Lot E of Westbrook Subdivision in the City of Dubuque, Dubuque County, Iowa; and Whereas, an access easement was platted over the northerly portion of Lot E of Westbrook Subdivision according to Final Plat of Westbrook Subdivision recorded as file number 2005-3188 in the office of the Dubuque County Recorder; and Whereas, Callahan Construction Inc. is planning to construct a storage building and whereas the proposed location of building lies over said access easement; and Whereas, Callahan Construction Inc. has petitioned to vacate the access easement across the northerly portion said Lot E of Westbrook Subdivision in order to facilitate the construction of the proposed storage building. 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 access easement across the northerly portion of said Lot E of Westbrook Subdivision 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 Callahan Construction Inc. Section 3. That a public hearing on the intent to vacate and dispose of City interest in the access easement across the northerly portion of said Lot E of Westbrook Subdivision 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 this 7th day of May 2018. Attest: Kevin S ° Firnstal 1, CM City Clerk Roy D. Buol, Mayor Exhibit "A" Vacation Plat of: Existing 20' Access Easement, Over and Across Lot E of Westbrook Subdivision Dubuque County, Iowa LOT A OF WESTBROOK SUBDIVISION EXISTING 20' SAN. SEWER EASEMENT LOT 5 BLOCK 3 OF WESTBROOK SUBDIVISION EXISTING 5' ACCESS & UTILITY EASEMENT L__ EXISTING 20' ACCESS EASEMENT TO BE VACATED (HATCHED AREA) LOT E OF WESTBROOK SUBDIVISION EXISTING 20' SAN. SEWER EASEMENT EXISTING 10.0' UTILITY EASEMENT COMMERCE jp PARK I00 LEGEND LOT 6 BLOCK 3 OF WESTBROOK SUBDIVISION PROPERTY LINE ROW RICHT OF WAY UNE EXIS8NS EASEMENT !INE - - - - CENTERLINE 20' 40 SCALE, 1" = 40' 80' NOTES 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2. THIS PLAT 15 SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD, m,UEAsING S INC. ENCINERAT AN➢ STIAM OFS 1212 LOCUST ST. SUMS. N (S63) 556-4369 DRAWN BY: JCH CHECKED BY: ILK SURVEY DATE: 2/01/12 PLOT DATE: 4/25/48 DWG. NO. 18078-01 SCALE: r' = 40' SHEET 1 OF 1