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Vacate Access Easement in Westbrook Subdivision_Callahan Copyrighted May 21 , 2018 City of Dubuque Public Hearings # 8. ITEM TITLE: Vacate Access Easement in Westbrook Subdivision SUMMARY: Proof of publication on notice of public hearing to consider vacation of an access easement on Lot E of Westbrook Subdivision as requested by Callahan Construction Inc., for a proposed storage building and the City Manager recommending approval. RESOLUTION Disposing of property by vacating City interest in an Access easement located on Lot# of Westbrook Subdivision in the City of Dubuque, lowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Callahan Construction Request to Vacate-NNM Memo City Manager Memo Staff Memo Staff Memo 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 16, 2018 A request has been received from Callahan Construction Inc. to vacate an access easement across the northly portion of Lot E of Westbrook Subdivision in the City of Dubuque so they can construct a storage building across the northern portion of the lot. The proposed location for the storage building lies over the existing access easement on the northerly portion of Lot E. This easement was exclusively intended for access to the City detention basin to the north. Engineering Department staff have reviewed this request and determined that the existing easement on the west side of Lot E is sufficient for access to the detention lot property and facility. City Engineer Gus Psihoyos recommends City Council adoption of a resolution vacating interest in the access easement across the northerly portion of Lot E of Westbrook Subdivision. 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 THE CITY OF ��e .�..�-'' � � -,,,,,'"" Atl•A�erie��st� �� , ... ., .,i � �� Masterpiece an tlie Mississippi Z{�3•2412 2f�i3•201� TO: Michael C. Van Milligen, City Manager _-� r� FROM: Gus Psihoyos, City Engineer �., „/ � ' =-�- , DATE: May 11, 2018 SUBJECT: Vacate Access Easement Lot E of Westbrook Subdivision — Callahan Construction Inc. Proposed Storage Building 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 the 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. 1 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 recommend that the City vacate interest in the access easement indicated on the attached Exhibit A over Lot E of Westbrook Subdivision in the City of Dubuque, lowa. ACTION TO BE TAKEN I respectfully request adoption of the attached resolution vacating interest in the access easement across the northerly portion of Lot E of Westbrook Subdivision in the City of Dubuque, lowa. Prepared by Nate Kieffer, PLS 2 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. 155-18 DISPOSING OF PROPERTY BY VACATING CITY INTEREST IN AN ACCESS EASEMENT LOCATED ON LOT E OF WESTBROOK SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 132-18, dated the 7th day of May 2018, declared its intent to dispose of City interest in utility easements on real property, legally described as: Lot E of Westbrook Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof (the Property); and recorded as instrument 2005-3188 with the Dubuque County Recorder; 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, pursuant to published notice, a public hearing was held on the proposed disposition on the 21St day of May, 2018 at 6:00 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that City interest in an access easement at the Property as shown on the attached Exhibit A should be vacated and doing so is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. The City hereby vacates all interest in an access easement located at the Property as shown on the attached Exhibit A. Section 2. The City Clerk is hereby authorized to and directed to record this resolution with the Dubuque County Recorder. Passed, approved, and adopted this 21st day of May 2018. Attest: Kevi S. Flrnsthl, City Clerk Roy D. ;! ol, Mayor Exhibit "A" Vacation. plat of: . Existing 20' Access Easement, Over and Across Lot E of Westbrook Subdivision Dubuque County, Iowa N LOT A OF WESTBROOK SUBDIVISION EXISTING 20' SAN. SEWER EASEMENT LOT 5 BLOCK 3 OF WESTBROOK SUBDIVISION EXISTING 25' ACCESS & UTL1TT EASEMENT EXISTING 20' ACCESS EASEMENT TO BE VACATED (HATCHED AREA) LOT E OF WESTBROOK SUBDIVISION EXI511NC 1 20' SAN. SEWER -....1._. I EASEMENT �`-�. I I COMMERCE jp PARK LEGEND 24020200 UNE ROW _ RIGHT OF WAY UNE EXISTNG EASEMENT LINE - - - - - CENTERLINE LOT 6 BLOCK 3 OF WESTBROOK SUBDIVISION EXISTING 10.0' UTILITY EASEMENT IEEMMMI 20' 40' SCALE: 1" = 4D' E10' NOTES I. ALL MEASUREMENTS ARE IN FEET AN/0 OECIMAL5 THEREOF. 2. NS PLAT IS SUEJECT TO ALL EASEMENTS OF RECORD ANS NOT OF RECORD. 8 USEAS1 . G ANDINDDILD AND SVRINYDAS 1412 L (SUR ST. Os]a9 UE W DRAWN BY: 300 CHECKED BY: TA SURVEY DATE: 2/01/18 PLOT OATS: 4/25/18 TWA N0. 18078-01 _ SCALE 1 = 40. SHEET 1 OF 1 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 1111 'ID 11 10 MI u II II 11 1111 Doc ID 008824910004 Type GEN Kind: RESOLUTION Recorded: 05/24/2018 at 02:46:53 PM Fee Amt: $22.00 Page 1 of 4 Dubuque County Iowa John Murphy Recorder F11e2018-00005629 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. 155-18 DISPOSING OF PROPERTY BY VACATING CITY INTEREST IN AN ACCESS EASEMENT LOCATED ON LOT E OF WESTBROOK SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 132-18, dated the 7th day of May 2018, declared its intent to dispose of City interest in utility easements on real property, legally described as: Lot E of Westbrook Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof (the Property); and recorded as instrument 2005-3188 with the Dubuque County Recorder; 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, pursuant to published notice, a public hearing was held on the proposed disposition on the 21st day of May, 2018 at 6:00 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that City interest in an access easement at the Property as shown on the attached Exhibit A should be vacated and doing so is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. The City hereby vacates all interest in an access easement located at the Property as shown on the attached Exhibit A. Section 2. The City Clerk is hereby authorized to and directed to record this resolution with the Dubuque County Recorder. Passed, approved, and adopted this 21st day of May 2018. Roy D. ol, Mayor Attest: Kevin S. Firnstghl Cif Clerk CERTIFICATE of tie CITY CLERK STATE OF IOWA SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. do further state that the hereto attached Resolution No. 155-18 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 22nd day of May, 2018. Ke in S. Firnstah , Clt1C, City Clerk 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 SUBOIVISION N EXISTING 25' ACCESS & TILJTY EASEMENT EXISTING 20' ACCESS EASEMENT TO BE VACATED (HATCHED AREA) LOT E OF WESTBROOK SUBDIVISION EXISTING 10.0' UTILITY EASEMENT 1 EXISTING / J EASEMENT 1 iii/l I I // COMMERCE PARK i51 C LEGEND PROPERTY LINE ROW RIGHT OF WAY UNE EXISTING EASEMENT LINE CENTERLINE LOT 6 BLOCK 3 OF WESTBROOK SUBDIVISION 0' 20' SCALE: 1" = 40' 80' NOTES 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. 0 m mY mo oa ETIIVG 8R4DAND SURIVSYONS 1212 IOSU) NT. 0084 0E DRAWN BY: JCH CHECKED BY: ILK SURVEY DATE: 2/01/16 PLOT DATE: 4/25/18 DWG N0. 18078-0 SCALE: r' 40' SHEET 1 OF 1 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: May 11, 2018, and for which the charge is $50.19. 91)ze Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 0207.,.." day of 72-7 , 20 /a . Notary Public in and for Dubuque County, Iowa. MARY K WESTERMEYER Commission Number 154885 My Commission Exp. Feb. 1, 2020 hours. CITY COUNCIL OF THE Any visual- or hear- CITY OF DUBUQUE' ing-impaired persons IOWA: needing special assis- Section 1. That the tance or persons with City of Dubuque, in special accessibility tends to vacate and needs should contact dispose of its interest the City Clerks Office - in the access easement at (563) 589-4100 or across the northerly TTY 563) 690-6678 at portion of said Lot E of least 48 hours prior to Westbrook Subdivision the meeting. in the City of Dubuque, Dated this 1.1th day of , Dubuque County, Iowa, May 2018. as shown on the at - Kevin S. Firnstahl, tached Exhibit. CMC, City Clerk Section 2. That any RESOLUTION and all applicable pub - NO. 132-18 lication and recording RESOLUTION OF IN- fees are to bep'd by TENT TO VACATE Callahan Constructionai AND DISPOSE OF CITY OF DUBUQUE, CITY INTEREST IN AN Section 3. That a CityWpub- ACCESS EASEMENT lic hearing on the in - OFFICIAL NOTICE PUBLIC. pub- IOWA OWANOTICE i S LOTOVE E R A 7D OF ACROSS CREOSST- Stent dispose o f to vacateinterest and ereeygiven that the BROOK SUBDIVISION City Council of the City IN THE CITY , OF in the access easement of Dubuque, Iowa, will DUBUQUE, DUBUQUE across the northerly hold a public hearing COUNTY, IOWA portion of said Lot E of Westbrook Subdivision on the 21st day of May Whereas, Callahan 2018 at 6:00 p.m. n the Construction Inc. is the in the City of Dubuque, i Historic Federal Build- current owner of Lot E Dubuque County, lovva, hereby set ing, 350 W. 6th Street, of Westbrook Subdivi- is second floor, Dubuque, sion in the City of 21st day of May, 2018, for the at the Historic Federal Iowa, at which meeting Dubuque, Dubuque Building,, 350 W. 6th ' the City Council pro- County,Iowa. and Street,Dubuque Iowa poses to dispose of an Whereas, an access • ' ' beginning at 6:00 p.m., interest in the foliqw- 'easement was platted ing described real over the northerly por- and the City Clerk be and is hereby autho- property by vacate to tion of Lot E of West- rizecl and directed to Callahan Construction: brook Subdivision ac cause Access Ease- cording to Final Plat of cause a notice of public meat over and across vvestbrook Subdivision hearing on the intent to Lot , 3 ,of Westbrook recorded as file num- svaaicdatinetearnedstdtiospboese° pub- Subdivision, . Dubuque ber 2005-3188 n the of- mC knownoeurno tey I" a rsi k°.w76a2' 9 I °, c °am' I Y- Mice u Wn thoyfer et ah se,Recorder; Dcuabl al aunc ihdau ne pi i srPehasescdsr el i bdn e' thedaapprovepyr I manneroavwe.claands At the meeting, the Construction Inc. May 2018. City 'Council will re- planning to construct a - ceive oral and written storage building is adopted this 7th day of comments from any whereas the proPosed resident or property location of building lies Firhstahl' rKeDvnuse' Mayor .l and Attest owner 01 said City to over said access ease- CMC, City Clerk lt S/11 the above action. Writment; and - ten comments regard- Whereas, ' Callahan ing, the above public Construction Inc. has hearing may be b petitioned to vacate milted to the City the access easement Clerks Office, City Hall, across the northerly, 50 W. 13th Street, on or portion said Lot E of before said , time of VVestbrook subdivision public hearing. in order to facilitate, Copies of supporting the construction of the documents for the pub-flipproposed storage' lic hearings are on Ile building. , 1 in the City Clerks Office NOW THEREFORE, BE and may be viewed IT RESOLVED BY THE during normal working