Vacating Portions of Sanitary Sewer Utility Easements over Ichiban Realty, LLC property at 3187 University Drive_HearingCity of Dubuque
City Council Meeting
Public Hearings # 3.
Copyrighted
February 21, 2022
ITEM TITLE: Vacating Portions of Sanitary Sewer Utility Easements over Ichiban
Realty, LLC property at 3187 University Drive in Dubuque
SUMMARY: Proof of publication on notice of public hearing to consider City
Council adoption of a resolution vacating all interest in portions of the
sanitary sewer utility easements as indicated on the attached Exhibit A
and located on Lot 1 of Sara S. and Edward R. Bartels Addition, in the
City of Dubuque, Iowa, and City Manager recommending approval.
RESOLUTION Disposing of property by vacating city interest in portions
of sanitary sewer utility easements over and across part of Lot 1 of Sara
S. and Edward R. Bartels Addition, in the City of Dubuque, Iowa
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
Vacating Portions of Sanitary Sewer Utility Easements City Manager Memo
over Ichiban Realty, LLC-MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Exhibit Supporting Documentation
Area Map Supporting Documentation
THE C
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacating Portions of Sanitary Sewer Utility Easements over Ichiban
Realty, LLC property at 3187 University Drive in Dubuque
DATE: February 14, 2022
City Engineer Gus Psihoyos is recommending City Council adopt a resolution vacating
all interest in portions of the sanitary sewer utility easements as indicated on the attached
Exhibit A and located on Lot 1 of Sara S. and Edward R. Bartels Addition, in the City of
Dubuque, Iowa.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITYF
DUijB- El
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: February 11, 2022
Dubuque
AII•Aneriea M
�1-1
2007-2012-2013
2017*2019
SUBJECT: Vacating Portions of Sanitary Sewer Utility Easements over Ichiban
Realty, LLC property at 3187 University Drive in Dubuque
INTRODUCTION
The purpose of the memorandum is to provide information for the vacating of portions of
certain Sanitary Sewer Utility Easements across Lot 1 of Sara S. and Edward R. Bartels
Addition, in the City of Dubuque, Iowa, said property owned by Ichiban Realty, LLC.
BACKGROUND
The property owners are in the process of making improvements to their restaurant
property at 3187 University Avenue. The proposed improvements include a restaurant
building (Ichiban Restaurant) expansion and parking lot expansion. A public sanitary
sewer was recently relocated by the owners in order to accommodate the proposed
parking lot expansion. The new sanitary sewer construction has been inspected and
approved by Engineering Department staff. The owners have granted a new utility
easement over the relocated sanitary sewer alignment. The City of Dubuque has
accepted and now owns and maintains the relocated public sanitary sewer utility.
DISCUSSION
The sewer construction agreement between the City and the property owner requires
the City to now vacate portions of the old easements accordingly. The next step in this
process is to hold a public hearing to vacate the unneeded portions of the old sanitary
sewer easement. The City is responsible for vacating the former easement area.
The exhibit attached to the resolution and labelled Exhibit A shows the portions of the
original easements proposed to be vacated over and across Lot 1 of Sara S. and
Edward R. Bartels Addition, in the City of Dubuque, Iowa.
RECOMMENDATION
I would recommend that portions of the sanitary sewer utility easements over Lot 1 of
Sara S. and Edward R. Bartels Addition, in the City of Dubuque, Iowa, as indicated on
the attached Exhibit A, be vacated.
ACTION TO BE TAKEN
I respectfully request adoption of the attache
Prepared by Nate Kieffer, PLS
d
Prepared by: Nate Kieffer. City of Dubuque 50 W. 13" Street Dubuque IA 52001 (563) 589-4270
Return to: Nate Kieffer. City of Dubuque 50 W. 13" Street Dubuque IA 52001 (563) 589-4270
RESOLUTION NO. 67-22
DISPOSING OF PROPERTY BY VACATING CITY INTEREST IN PORTIONS OF
SANITARY SEWER UTILITY EASEMENTS OVER AND ACROSS PART OF LOT 1 OF
SARA S. AND EDWARD R. BARTELS ADDITION, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution No. 48-22, dated the 7th day of February,
2022, declared its intent to vacate and dispose of its interest in portions of certain sanitary
sewer utility easements on real property, legally described as:
Lot 1 of Sara S. and Edward R. Bartels Addition, in the City of Dubuque, Iowa (the
Property); and
Whereas, Ichiban Realty, LLC (Property Owner) is the current owner of Lot 1 of
Sara S. and Edward R. Bartels Addition and Lot 1-1-2-1 of Sara S. and Edward R.
Bartels Place at Center Grove in Mineral Lot 243, all in the City of Dubuque, Iowa; and
Whereas, a 20' wide Easement for Sanitary Sewer Utility was platted over a
portion of said Lot 1 of Sara S. and Edward R. Bartels Addition according to Instrument
No. 6270-02 and recorded in the office of the Dubuque County Recorder, and an 8'
wide Easement for Sanitary Sewer Utility was platted over a portion of said Lot 1 of
Sara S. and Edward R. Bartels Addition according to the document found in Plat Book
34 Page 98 and recorded in the office of the Dubuque County Recorder; and
Whereas, the City of Dubuque had previously installed, owned and maintained
public sanitary sewer in the 20' wide and 8' wide easements described above; and
Whereas, the Property Owner plans to construct a parking lot expansion (the
Improvement) across the common property line between Lot 1 of Sara S. and Edward
R. Bartels Addition and Lot 1-1-2-1 of Sara S. and Edward R. Bartels Place at Center
Grove in Mineral Lot 243, all in the City of Dubuque, Iowa; and
Whereas, the Improvement is proposed to be located over said public sanitary
sewer utility easements; and
Whereas, said public sanitary sewer will need to be relocated to accommodate
the construction of the Improvement and allow for the future maintenance of the said
relocated public sanitary sewer (Project); and
Whereas, City is requiring the Property Owner to construct the new public
sanitary sewer alignment and Developer will need to construct and carry out any other
activities associated with the Project in accordance with City approved plans and
specifications; and
Whereas, upon completion of the Project, the Property Owner wishes to dedicate
the relocated sanitary sewer utility and any associated easements, as required by the
City, to the City; and
Whereas, the Property Owner has constructed the Improvement and relocated
the public sanitary sewer main in order to accommodate the proposed Improvement;
and
Whereas, the Property Owners have granted an Easement for Sanitary Sewer
Utility to the City of Dubuque for the relocated public sanitary sewer main per Instrument
No. 2021-00001903 recorded in the office of the Dubuque County Recorder; and
Whereas, the City of Dubuque has inspected and has assumed ownership and
maintenance of the relocated public sanitary sewer utility according to Resolution 9-21;
and
Whereas, the City of Dubuque is now responsible for vacating its interest in the
unneeded portions of the former sanitary sewer utility easements according to Instrument
No. 6270-02 and recorded in the office of the Dubuque County Recorder and the
document found in Plat Book 34 Page 98 and recorded in the office of the Dubuque
County Recorder, across Lot 1 of Sara S. and Edward R. Bartels Addition, in the City of
Dubuque, Iowa, as shown on the attached Exhibit A; and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on the 215t day of February, 2022 at 6:30 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 portions of
the sanitary sewer utility easements 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 portions of the sanitary sewer
utility easements 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 21 sc day of February, 2022.
Attest:
�ICYL�47/l1Pi A4G4
Adrienne N. Breitfelder, City Clerk
Doc ID: 010916370005 Type: GEN
Kind: RESOLUTION
Recorded: 02/23/2022 at 02:45:57 PM
Fee Amt: $27.00 Pape 1 of 5
Dubuque County Iowa
John Murphy Recorder
File2022-00002582
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 131h Street Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer City of Dubuque, 50 W. 13'h Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 67-22
DISPOSING OF PROPERTY BY VACATING CITY INTEREST IN PORTIONS OF
SANITARY SEWER UTILITY EASEMENTS OVER AND ACROSS PART OF LOT 1 OF
SARA S. AND EDWARD R. BARTELS ADDITION, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution No. 48-22, dated the 7th day of February,
2022, declared its intent to vacate and dispose of its interest in portions of certain sanitary
sewer utility easements on real property, legally described as:
Lot 1 of Sara S. and Edward R. Bartels Addition, in the City of Dubuque, Iowa (the
Property); and
Whereas, Ichiban Realty, LLC (Property Owner) is the current owner of Lot 1 of
Sara S. and Edward R. Bartels Addition and Lot 1-1-2-1 of Sara S. and Edward R.
Bartels Place at Center Grove in Mineral Lot 243, all in the City of Dubuque, Iowa; and
Whereas, a 20' wide Easement for Sanitary Sewer Utility was platted over a
portion of said Lot 1 of Sara S. and Edward R. Bartels Addition according to Instrument
No. 6270-02 and recorded in the office of the Dubuque County Recorder, and an 8'
wide Easement for Sanitary Sewer Utility was platted over a portion of said Lot 1 of
Sara S. and Edward R. Bartels Addition according to the document found in Plat Book
34 Page 98 and recorded in the office of the Dubuque County Recorder; and
Whereas, the City of Dubuque had previously installed, owned and maintained a
public sanitary sewer in the 20' wide and 8' wide easements described above; and
Whereas, the Property Owner plans to construct a parking lot expansion (the
Improvement) across the common property line between Lot 1 of Sara S. and Edward
R. Bartels Addition and Lot 1-1-2-1 of Sara S. and Edward R. Bartels Place at Center
Grove in Mineral Lot 243, all in the City of Dubuque, Iowa; and
2700
n8o, City Engineer
Whereas, the Improvement is proposed to be located over said public sanitary
sewer utility easements; and
Whereas, said public sanitary sewer will need to be relocated to accommodate
the construction of the Improvement and allow for the future maintenance of the said
relocated public sanitary sewer (Project); and
Whereas, City is requiring the Property Owner to construct the new public
sanitary sewer alignment and Developer will need to construct and carry out any other
activities associated with the Project in accordance with City approved plans and
specifications; and
Whereas, upon completion of the Project, the Property Owner wishes to dedicate
the relocated sanitary sewer utility and any associated easements, as required by the
City, to the City; and
Whereas, the Property Owner has constructed the Improvement and relocated
the public sanitary sewer main in order to accommodate the proposed Improvement;
and
Whereas, the Property Owners have granted an Easement for Sanitary Sewer
Utility to the City of Dubuque for the relocated public sanitary sewer main per Instrument
No. 2021-00001903 recorded in the office of the Dubuque County Recorder; and
Whereas, the City of Dubuque has inspected and has assumed ownership and
maintenance of the relocated public sanitary sewer utility according to Resolution 9-21;
and
Whereas, the City of Dubuque is now responsible for vacating its interest in the
unneeded portions of the former sanitary sewer utility easements according to Instrument
No. 6270-02 and recorded in the office of the Dubuque County Recorder and the
document found in Plat Book 34 Page 98 and recorded in the office of the Dubuque
County Recorder, across Lot 1 of Sara S. and Edward R. Bartels Addition, in the City of
Dubuque, Iowa, as shown on the attached Exhibit A; and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on the 21st day of February, 2022 at 6:30 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 portions of
the sanitary sewer utility easements 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 portions of the sanitary sewer
utility easements 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 February, 2022.
Attest:
Adrienne N. Breitfelder, City Clerk
CERTIFICATE of the CITY CLERK
STATE OF IOWA
SS:
COUNTY OF DUBUQUE )
I, Adrienne N. Breitfelder, City Clerk, 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. I do further state that the hereto attached Resolution No. 67-22 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 22"d day of February, 2022.
Adrienne N. Breitfelder, City Clerk
Plat of Sanitary Sewer Easement
Vacation on:
Lot 1 of Sara S. & Edward R. Bartels
Addition,
in the City of Dubuque, Iowa
INDEX LEGEND
Location:
Lot 1 of Sara S. & Edward R. Bartels Addition
NW1/4 of Section 27, T89N, R2E of the 5th P.M.,
Dubuque County, Iowa
Requestor:
Al Urbain c\o Ichiban Realty, LLC
Proprietor:
Ichiban Realty, LLC
3187 University Ave., Dubuque, IA 52001
Surveyor:
Terry L. Koelker
Company:
Buesing & Associates, Inc.
1212 Locust St., Dubuque, IA 52001
Return To:
tlkoelker@buesing.com (563) 556-4389
VA
ORANGE
16"#JT16
EXHIBITA
PREPARED BY: BUESING & ASSOCIATES
DUBUQUE, IOWA PHONE:
THIS IS AN ASSUMED
BEARING FOR THE PURPOSES
OF THIS SURVEY ONLY.
LOT 1
SARA S. & EDWARD R. BARTELS 20' SANITARY SEWER
ADDITION EASEMENT PER
DOC.# 6270-02
8' SANITARY SEWER
EASEMENT D PER
DOC.# 32082 BK 34 PG 9
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NO MONUMENTATION SET
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EASEMENT VACATION AREA
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RIGHT OF WAY LINE
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NOTES
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
2. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD.
I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS
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PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME
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OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DUL'
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LICENSED LAND SU UNDER THE LAWS OF THE STATE OF IOWA.
' TERRY L
KOELKER
15487 a
TERRY L K45ELKER (DATE) O
./..I�IP�I
LICENSE NUMBER 15487
MY LICENSE RENEWAL DATE IS DECEMBER 31, 2021
SHEETS COVERED BY THIS SEAL : SHEET 1 & 2
6NGINdA'RS AND SUfiVMRS
1212 LOCUST ST. DUBUQUE, IA
(563) 556-4389
DRAWN BY: JJL
CHECKED BY: TLK
SURVEY DATE: 06/19/2020
PLOT DATE: 10/16/2020
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UTILITIES
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UNIVERSITY AVE PATCH STREET AS NECESSARY FOR
ATER SERVICE REMOVAL
MATCH EXISTING PAVEMENT/STONE TYPE
AND THICKNESS
GENERAL- NOTES: � m
1. ALL CONSTRUCTION IS TO BE PER 2020 EDITION OF SUDAS ALONG WITH THE CITY OF DUBUQUE 2020
m
SUDAS SUPPLEMENTAL SPECIFICATIONS. c z
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2. ANY UTILITY EXCAVATION, SIDEWALK OR DRIVEWAY WORK IN RIGHT OF WAY REQUIRES PERMIT FROM Q U
CITY ENGINEERING, CALL 563.589.4270. W
\ / 3. PUBLIC PORTION OF DRIVEWAY (SIDEWALK & APPROACH) SHALL BE 8" PCC OVER 6" CRUSHED STONE (,
BASE
/ / \ 4. DOMESTIC WATER SERVICE/FIRE PROTECTION SYSTEM ARE REQUIRED TO HAVE AN APPROVED CROSS (n O
/ / / / CONNECTION CONTROL DEVICE INSTALLED PER UPC SECTION 603.2.7. TYPE OF DEVICE WILL BE Z N
DETERMINED BY DEGREE OF HAZARD. UPON INSTALLATION A TEST REPORT BY A CERTIFIED BACKFLOW o O
J.00 EXIST SAN / P / N
-WER EASEMENT / / ASSEMBLY TESTER SHALLB E SUBMITTED TO THE CITY OF DUBUQUE WATER DEPARTMENT LOCATED AT 925 (n
/ KERPER COURT, DUBUQUE, IOWA 52001 PRIOR TO OCCUPANCY OF THIS BUILDING. THE PRIMARY CONTACT > 6D
PERSON FOR THE CITY OF DUBUQUE IS CARL PLUMLEY, 563.589.4304. W N
5. ALL EXTERIOR LIGHTING SHALL HAVE 72' CUTOFF LUMINARIES. LIGHTING SHALL HAVE 1 FOOT CANDLE 0T P
�T SAN AT LINE AND RIGHT OF WAY
6. TOPSOIL SHALL BE STOCKPILED FOR USE IN FINAL GRADING. TOPSOIL SHALL BE PRESERVED AND
/ RESPREAD IN ALL AREAS NOT COVERED BY BUILDING, CONCRETE, ASPHALT, GRAVEL OR OTHER SUCH O O O
MATERIAL. N N N
LIJ O O O
7. ALL DISTURBED AREAS NOT BEING RE -DISTURBED FOR 21 DAYS MUST BE STABILIZED WITH - N N N
TEMPORARY OR PERMANENT MEASURES WITHIN 14 DAYS. Q O oj
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8. VEGETATION IS TO BE PRESERVED IN ALL AREAS OUTSIDE OF THE GRADING LIMITS.
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9. INLET PROTECTION TO BE USED ON ALL INLETS DURING CONSTRUCTION. O O O
�X SAWN MIT 0196'. 10. TOPSOIL SHALL BE STRIPPED AND STOCKPILED AND RESPREAD NEAR PROJECT COMPLETION.
ii1 787.03 1" = 20' (22"X34") E
0JT-%96,.16\ 1" = 40' (11 "x17" 11. SITE SHALL BE FINAL SEEDED AND MULCHED AT COMPLETION OF CONSTRUCTION.
12. ANY NEW CONNECTIONS TO THE PUBLIC SANITARY SEWER SYSTEM SHALL BE INSPECTED BY THE CITY 4 'c
- OF OF DUBUQUE BUILDING SERVICE DEPARTMENT AND/OR ENGINEERING DEPARTMENT, PLEASE CALL ZU �' w
\ BUILDING SERVICE DEPARTMENT'S JASON MOURING ON 563-589-4150 OR CITY ENGINEERING ON Z 'a
563-589-4270 WITHIN 48 HOURS OF CONNECTION TO ARRANGE FOR INSPECTION. Q4 m 2
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13. MARK OR SET PROPERTY MONUMENTS CONTROLLING CONSTRUCTION AND MAINTAIN THROUGHOUT H __
1 \ CONSTRUCTION PERIOD.
LEGAL DESCRIPTION: PIN: 1027326001 uj O g
LOT 1-1-2-1 SARA S AND EDWARD R BARTELS PLACE AT CENTER GROVE AND N 00 v 00
PIN: 1027177006
LOT 1 OF SARA S AND EDWARD R BARTELS ADDITION w a
BOTH IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA N
PROPERTY OWNER: w
ICHIBAN REALTY, LLC
ce
3187 UNIVERSITY AVE
DUBUQUE, IA 52001
563.845.0698
LOT AREA:
EXISTING
105,368 SF = 2.42 AC TOTAL
3,693 SF BUILDINGS(3.5% COVERAGE)
- 29,902 SF DRIVE/WALKS (28.4% DRIVES) TOTAL IMPERVIOUS: 31.9%
71,773 SF GREEN (68.1% PERVIOUS)
PROPOSED
{ 105,368 SF = 2.42 AC TOTAL
56r 6,203 SF BUILDINGS(5.9% COVERAGE)
26,896 SF DRIVE/WALKS (25.5% DRIVES) TOTAL IMPERVIOUS: 31.4%
' L y 72,269 SF GREEN (68.6% PERVIOUS)
STORMWATER BMPs
1) PRESERVE EXISTING TREES
2) INSTALL A SNOUT BMP IN NORTH INLET
TOTAL DISTURBED AREA: 36,007 SF = 0.82 AC
PROPOSED CONSTRUCTION SCHEDULE
BEGIN CONSTRUCTION: AUGUST, 2020
COMPLETE CONSTRUCTION: NOVEMBER 20, 2020
CURRENT AND PROPOSED ZONING:
C3 - GENERAL COMMERCIAL
LANDSCAPING REQUIREMENTS
PROVIDE 4 TREES AND 6 SHRUBS PER CITY OF DUBUQUE UNIFIED DEVELOPMENT CODE
REQUIRED PERMEABLE AREA: 20% OF 29,940 SF = 5,988 SF
5,988 SF / 1,600 = 4 DECIDUOUS TREES SHALL BE MINIMUM OF 1 4 INCH CALIPER
AT 6"ABOVE BASE
*CONIFEROUS TREES SHALL BE A MINIMUM HEIGHT OF 6 FEET
**TREE REQUIREMENT IS OFFSET BY EXISTING TREES ON NORTH SLOPE TO REMAIN
5,988 / 1,000 = 6 SHRUBS
SHRUBS SHALL BE AT LEAST 18 INCHES HIGH OR IN A MINIMUM OF 3 GALLON POT
LANDSCAPING PLAN TO BE PROVIDED BY OTHERS
PARKING REQUIREMENTS
REQUIRED:
RESTAURANT SEATS: 155
@ 1 STALL PER 4 SEATS = 39 STALLS REQUIRED
EMPLOYEES ON MAXIMUM SHIFT:10
@ 1 STALL PER EMPLOYEE = 10 STALLS REQUIRED
TOTAL REQUIRED STALLS: 49
PROVIDED:
3 ADA STALLS
55 STD STALLS
58 TOTAL
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G.#20086-01
C1.00
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
1, Kathy Goetzinger, 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:
02/11/2022
and for which the charge is 104.22
Subscribed to before me, a Notary Pu 'c in and for
Dubuque County, Iowa,
this 1 Ith day of February, 2022
Notarygon!� -f� pa-�
Pu Ii in and for Dubuque Count I wa.
9 Y�
j!8---e-zt
''z JANETK.PAPE
H = Commission Number 19110
- jMy Comm. Exp. DEC 11, Z
Ad text : CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the Dubuque City Council
will conduct a public hearing on the 21st day of February
2022, at 6:30 p.m., in the Historic Federal Building, 350 W.
6th Street, 2nd floor, Dubuque, Iowa, at which meeting the
City Council proposes to vacate and dispose of portions of
sanitary sewer utility easements across:
Lot I of Sara S. and Edward R. Bartels Addition, in the City
of Dubuque, Iowa
At the meeting, the City Council will receive in -person and
virtual comments from any resident or property owner of said
City to the above action. The official agenda will be posted
the Friday before the meeting and will contain public input
options. The City Council agenda can be accessed at
https://cityofdubuque.novusagenda.com/AgendaPublic/ or by
contacting the City Clerk's Office at 563-589-4100,
etyclerk@cityofdubuque.org. At said time and place of public
hearings all interested citizens and parties will be given an
opportunity to be heard for or against said proposal.
Written comments regarding the above public hearings may be
submitted to the City Clerk's Office via email at
ctyclerk@cityofdubuque.org or by mail to City Clerk's Office,
City Hall, 50 W. 13th St., Dubuque, IA 52001, before said
time of public hearing. At said time and place of public
hearings the City Council will receive any written comments
received by the City Clerk's Office before said time of public
hearing.
Copies of supporting documents for the public hearings are
on file in the City Clerk's Office and may be viewed Monday
through Friday between 8 00 a.m. and 5:00 p.m.
Individuals with limited English proficiency, vision,
hearing, or speech impairments requiring special assistance
should contact the City Clerk's Office at (563) 589-4100, TDD
(563) 690-6678, ctyclerk@cityofdubuque.org as soon as
feasible. Deaf or hard -of -hearing individuals can use Relay
Iowa by dialing 711 or (800) 735-2942.
Published by order of the City Council given on the 7th day
of February 2022.
Adrienne N. Breitfelder, City Clerk
RESOLUTION NO. 48-22
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST
IN PORTIONS OF SANITARY SEWER UTILITY EASEMENTS OVER AND
ACROSS PART OF LOT I OF SARA S. AND EDWARD R. BARTELS
ADDITION, IN THE CITY OF DUBUQUE, IOWA
Whereas, Ichiban Realty, LLC (Property Owner) is the current
owner of Lot I of Sara S. and Edward R. Bartels Addition and
Lot 1-1-2-1 of Sara S. and Edward R. Bartels Place at Center
Grove in Mineral Lot 243, all in the City of Dubuque, Iowa;
and
Whereas, a 20' wide Easement for Sanitary Sewer Utility was
platted over a portion of said Lot I of Sara S. and Edward R.
Bartels Addition according to Instrument No. 6270-02 and
recorded in the office of the Dubuque County Recorder, and an
8' wide Easement for Sanitary Sewer Utility was platted over a
portion of said Lot 1 of Sara S. and Edward R. Bartels
Addition according to the document found in Plat Book 34 Page
98 and recorded in the office of the Dubuque County Recorder;
and
Whereas, the City of Dubuque had previously installed, owned
and maintained a public sanitary sewer in the 20 wide and 8
wide easements described above; and
Whereas, the Property Owner plans to construct a parking lot
expansion (the Improvement) across the common property line
between Lot I of Sara S. and Edward R. Bartels Addition and
Lot 1-1-2-1 of Sara S. and Edward R. Bartels Place at Center
Grove in Mineral Lot 243, all in the City of Dubuque, Iowa;
and
Whereas, the Improvement is proposed to be located over said
public sanitary sewer utility easements; and
Whereas, said public sanitary sewer will need to be
relocated to accommodate the construction of the Improvement
and allow for the future maintenance of the said relocated
public sanitary sewer (Project); and
Whereas, City is requiring the Property Owner to construct
the new public sanitary sewer alignment and Developer will
need to construct and carry out any other activities
associated with the Project in accordance with City approved
plans and specifications; and
Whereas, upon completion of the Project, the Property Owner
wishes to dedicate the relocated sanitary sewer utility and
any associated easements, as required by the City, to the
City; and
Whereas, the Property Owner has constructed the Improvement
and relocated the public sanitary sewer main in order to
accommodate the proposed Improvement; and
Whereas, the Property Owners have granted an Easement for
Sanitary Sewer Utility to the City of Dubuque for the
relocated public sanitary sewer main per Instrument No.
2021-00001903 recorded in the office of the Dubuque County
Recorder; and
Whereas, the City of Dubuque has inspected and has assumed
ownership and maintenance of the relocated public sanitary
sewer utility according to Resolution 9-21: and
Whereas, the City of Dubuque is now responsible for vacating
its interest in the unneeded portions of the former sanitary
sewer utility easements according to Instrument No. 6270-02
and recorded in the office of the Dubuque County Recorder and
the document found in Plat Book 34 Page 98 and recorded in the
office of the Dubuque County Recorder, across Lot 1 of Sara S.
and Edward R. Bartels Addition, in the City of Dubuque, Iowa,
as shown on the attached Exhibit A.
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 a portion of certain sanitary sewer
utility easements across Lot 1 of Sara S. and Edward R.
Bartels Addition, in the City of Dubuque, Iowa, as shown on
the attached Exhibit A.
Section 2. That a public hearing on the intent to vacate and
dispose of City interest in portions of sanitary sewer utility
easements according to Instrument No. 6270-02 and recorded in
the office of the Dubuque County Recorder and the document
found in Plat Book 34 Page 98 and recorded in the office of
the Dubuque County Recorder, across Lot I of Sara S. and
Edward R. Bartels Addition, in the City of Dubuque, Iowa, as
shown on the attached Exhibit A, is hereby set for the 21 st
day of February 2022, at the Historic Federal Building, 350 W.
6th Street, Dubuque, Iowa, beginning at 6:30 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 February 2022.
/sBrad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder,
City Clerk
It 2/11