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Vacating of a portion of certain Sanitary Sewer Easements across a Part of Lot 1 of Dubuque Industrial Center 14th Addition_Initiate Copyrighted March 6, 2023 City of Dubuque Items to be set for Public Hearing # City Council Meeting 01. ITEM TITLE: Vacating of a portion of certain Sanitary Sewer Easements across a Part of Lot 1 of Dubuque I ndustrial Center 14th Addition, in the City of Dubuque, lowa SUM MARY: City Manager recommending City Council set a public hearing for March 20, 2023, for the vacating of a portion of the sanitary sewer easements across a part of Lot 1 of Dubuque I ndustrial Center 14th Addition, in the City of Dubuque, lowa, included on the Plat of Survey recorded as I nstrument No. 10616-99 and the Final Plat recorded as I nstrument No. 2006-11108 in the Dubuque County Recorder's Office. RESOLUTION Intent to vacate and dispose of City interest in a portion of Easements for Sanitary Sewer Utilities over and across a part of Lot 1 of Dubuque I ndustrial Center 14th Addition, in the City of Dubuque, lowa SUGGESTED Receive and File;Adopt Resolution(s), Set Public Hearing for March 20, DISPOSITION: 2023Suggested Disposition: ATTACHMENTS: Description Type MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions Vacate E�ibit Supporting Documentation Notice of Hearing Supporting Documentation Dubuque THE CITY QF � All-Meriea Ciry DLT B E ; . � . � �� MaSt� Z�C� aYd t�Q Mt55ZSSZ Z zoa�•zoiz•�ai3 YP pp za��*zai� TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Vacating of a portion of certain Sanitary Sewer Easements across a Part of Lot 1 of Dubuque Industrial Center 14th Addition, in the City of Dubuque, lowa DATE: February 27, 2023 City Engineer Gus Psihoyos is recommending City Council set a public hearing for March 20, 2023, for the vacating of a portion of the sanitary sewer easements across a part of Lot 1 of Dubuque Industrial Center 14t" Addition, in the City of Dubuque, lowa, included on the Plat of Survey recorded as Instrument No. 10616-99 and the Final Plat recorded as Instrument No. 2006-11108 in the Dubuque County Recorder's Office. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Nate Kieffer, Surveyor Dubuque THE CITY OF �+ All•p�eriea Ci� DuB E Wv��a��M�� 1IIII�r MAste 22CE OYl t�1e M1S&1SS1 1 zoo��zoiz*zois � pp zo��*zoig TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer DATE: February 22, 2023 SUBJECT: Vacating of a portion of certain Sanitary Sewer Easements across a Part of Lot 1 of Dubuque Industrial Center 14t" Addition, in the City of Dubuque, I owa INTRODUCTION The purpose of the memorandum is to seek approval to set a public hearing for the vacating of a portion of the sanitary sewer easements across a part of Lot 1 of Dubuque Industrial Center 14t" Addition, in the City of Dubuque, lowa, included on the Plat of Survey recorded as Instrument No. 10616-99 and the Final Plat recorded as Instrument No. 2006-11108 in the Dubuque County Recorder's Office. BACKGROUND In 2002 MAR Holdings (Medical Associates) purchased property from Dubuque Initiatives in Dubuque Industrial Center at the northwest corner of the Northwest Arterial and Chavenelle Road. Medical Associates proposed plans to do preliminary grading on the property to prepare for the development of the land for office/medical buildings and parking lots. The grading plans showed that a significant volume of soil would need to be removed from the site. In order to save on material hauling costs, Medical Associates (MA), Dubuque Initiatives (DI), and Geisler Brothers Company (GBC) agreed that MA could haul the fill to the DI property behind the GBC property at 1500 Radford Road. GBC and DI have been discussing a possible sale of DI land to GBC for an easterly expansion of the existing GBC building. The fill from the MA site would accommodate the proposed eastward building expansion. Because the proposed fill on the DI property would cause the existing public sanitary sewer on the DI property to be greater than the City's maximum allowable depth, the City required that the existing public sanitary sewer and associated easement be relocated outside of the proposed fill area (to the east of the fill area but still on DI property). In the Fall of 2021, the City of Dubuque, Dubuque Initiatives, Medical Associates, and Geisler Brothers Company, entered into an agreement for the relocation of the existing public sanitary sewer. The agreement provided for the engineering design and relocation of the public sanitary sewer (by GBC), the platting (by GBC) and granting of a new sanitary sewer easement (by DI) to accommodate the new sewer alignment, the abandonment of the old sewer (by GBC), and the vacation of the old sewer easement (by City). DI has granted and the City has accepted the new sanitary sewer easement to accommodate the new sewer alignment. The public sanitary sewer was recently relocated by the owners as per the agreement. The new sanitary sewer construction has been inspected and approved by Engineering Department staff. The City of Dubuque has accepted ownership and maintenance of the relocated public sanitary sewer utility. DISCUSSION Per said agreement, the City is responsible for vacating the former sanitary sewer easement area through a part of Lot 1 of Dubuque Industrial Center 14th Addition, in the City of Dubuque, Dubuque County, lowa. The exhibit attached to the resolution shows the portions of the original sanitary sewer easement areas proposed to be vacated over and across a part of Lot 1 of Dubuque Industrial Center 14th Addition, in the City of Dubuque, Dubuque County, lowa. RECOMMENDATION I would recommend that portions of the sanitary sewer easements over a part of Lot 1 of Dubuque Industrial Center 14t" Addition, in the City of Dubuque, lowa, included on the Plat of Survey recorded as Instrument No. 10616-99 and the Final Plat recorded as Instrument No. 2006-11108 in the Dubuque County Recorder's Office, 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 easement areas on March 20, 2023. ACTION TO BE TAKEN I respectfully request that a public hearing should be set for March 20, 2023 on the disposal of the easement areas through adoption of the enclosed resolution. Prepared by Nate Kieffer, PLS 2 Prepared by: R. Nate Kieffer City of Dubuque 50 W. 13th Street Dubuque IA 52001 (563) 589 4270 Return to Adrienne N. Breiffelder, City Clerk, 50 W. 1310 St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 61-23 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN A PORTION OF EASEMENTS FOR SANITARY SEWER UTILITIES OVER AND ACROSS A PART OF LOT 1 OF DUBUQUE INDUSTRIAL CENTER 14TH ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, per an agreement between the City of Dubuque, Dubuque Initiatives, MAR Holdings, and Geisler Family Realty Company, the parties wish to set forth terms for the relocation of a proposed public sanitary sewer utility located in Part of Lot 1 of Dubuque Industrial Center 14th Addition, in the City of Dubuque, Dubuque County, Iowa; and Whereas, that sanitary sewer easements were included on the Plat of Survey recorded as Instrument No. 10616-99 and the Final Plat recorded as Instrument No. 2006-11108 in the Dubuque County Recorder's Office; and Whereas, a part of the City of Dubuque sanitary sewer that had previously been constructed inside the easements provided on Plat of Survey recorded as Instrument No. 10616-99 and the Final Plat recorded as Instrument No. 2006-11108 in the Dubuque County Recorder's Office have been relocated to a new alignment by Geisler Family Realty; and Whereas, per Resolution No. 272-22 the City of Dubuque has inspected and tested and accepted the newly constructed and relocated sanitary sewer for ownership and maintenance and as per Resolution No. 40-22 the City has accepted a Grant of Sanitary Sewer for the newly constructed and relocated sanitary sewer; and Whereas, per said agreement the City is responsible for vacating a portion of the former sanitary sewer easement area through a part of Lot 1 of Dubuque Industrial Center 14th Addition, in the City of Dubuque, Dubuque County, Iowa. 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 the sanitary sewer easements across a part of Lot 1 of Dubuque Industrial Center 14th Addition, in the City of Dubuque, Iowa, included on the Plat of Survey recorded as Instrument No. 10616-99 and the Final Plat recorded as Instrument No. 2006-11108 in the Dubuque County Recorder's Office. Section 2. That a public hearing, and/or by virtual means on the intent to vacate and dispose of City interest in a portion of the sanitary sewer easements across a part of Lot 1 of Dubuque Industrial Center 14th Addition, in the City of Dubuque, Iowa, included on the Plat of Survey recorded as Instrument No. 10616-99 and the Final Plat recorded as Instrument No. 2006-11108 in the Dubuque County Recorder's Office, is hereby set for the 20th day of March, 2023, 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 6th day of March, 2023. 74MM'. Cavanagh, Mayor Attest: 11� X. &V41e Adrienne N. Breitfelder, City Clerk Prepared By: City of Dubuque Address: 50 West 13th St., Dubuque, IA 52001 Ph:563-589-4270 EXHIBITA SANITARY SEWER EASEMENT VACATE WITHIN LOT 1 , DUBUQUE INDUSTRIAL CENTER 14TH ADDITION, IN THE CITY OF DUBUQUE, IOWA AS ORIGINALLY SHOWN ON PLAT OF SURVEY OF LOTS 1-3 OF DUBUQUE INDUSTRIAL CENTER 12TH ADDITION (DOCUMENT NUMBER 10616-99), AND ALSO ON FINAL PLAT OF LOT 1 OF LOT 3 AND LOT 2 OF LOT 3 OF DUBUQUE INDUSTRIAL CENTER 12TH ADDITION (DOCUMENT NUMBER 2006-11108), IN THE CITY OF DUBUQUE, IA �� `'� NOR►PH ��Q�VP�'�� NO ��R G��(�� P0� 50' 100' 200' — SCALE 1" = 100' FEET � .:. �. I :::��. � � � � � SANITARY SEWER :' \ \ EASEMENT PER SANITARY SEWER EASEMENT DOCUMENT PER DOCUMENTS 10616-99 2022-2290 AND 2006-11108 TO BE VACATED I \ I '.•�.•. � . �` �20' � � �� Qv� � � �•' � � a�� P � �:::f:.: A �N°�� o��P� � °�� 0� o�°�s� � � o� `Q�E �a°�� N��E� o�g��P �P°�`�� N \ I �s o��° � I Po I 20• �:�. .:::�:: /� � I � I � �:::�:: � — — � I � I o� �Q�� o�� P�-�� I � ��N��oN Poo`� I�. �.� �Q,�� o��s��N �N°`'�� c��o��oN P LEGEND - - PROPERTYLINE Dubuque CITY OF DUBUQUE — CENTERLINE SANITARY EASEMENT ENGINEERING DEPARTMENT — • • — • • — EDGE SANITARY SEWER EASEMENT All-Am� CITY HALL, 50 WEST'13th STREET Y DUBUQUE, IA 52 00 1-4864 SANITARY SEWER EASEMENT AREA PHONE (563)589-4270 Fn.x (563)589-4205 TO BE VACATED � Drawn By: JJB Approved By: RNK Date: 02-23-23 2007 2012 LOT 1 OF DUBUQUE INDUSTRIAL CENTER 14TH 2013 2017 ADDITION IN THE CITY OF DUBUQUE,IOWA 2�19 C.I.P.Number. Sheet Number: 1 of 1 CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct a public hearing on the 20t" day of March 2023, at 6:30 p.m., in the Historic Federal Building, 350 W. 6t" Street, 2nd floor, Dubuque, lowa, at which meeting the City Council proposes to vacate and dispose of City interest in a portion of certain easements for sanitary sewer utilities over the following described real property: PART OF LOT 1 OF DUBUQUE INDUSTRIAL CENTER 14T" 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, ctyclerk@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. 13t" 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 lowa by dialing 711 or (800) 735-2942. Published by order of the City Council given on the 6th day of March 2023. Adrienne N. Breitfelder, CMC City Clerk