Request to Vacate a Portion of Certain Sanitary Sewer Easements across a Part of Lot 1 of Dubuque Industrial Center 14th Addition_HearingCity of Dubuque
City Council Meeting
Public Hearings # 05.
Copyrighted
March 20, 2023
ITEM TITLE: Request to Vacate a Portion of Certain Sanitary Sewer Easements
across a Part of Lot 1 of Dubuque Industrial Center 14th Addition
SUMMARY: Proof of Publication on notice of public hearing to consider vacating a
portion of the sanitary sewer easements across a part of Lot 1 of
Dubuque Industrial Center 14th Addition, in the City of Dubuque,
I owa and City Manager recommending approval.
RESOLUTION Disposing of Property by Vacating 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
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description
Type
MVM Memo
City Manager Memo
Staff Memo
Staff Memo
Resolution
Resolutions
Vacate Exhibit
Supporting Documentation
THE CITY OF
Dubuque
DUjIBQTE
WAWca 914
Masterpiece on the Mississippi
2007-2012-2013
2017*2019
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, Iowa
DATE: March 9, 2023
City Engineer Gus Psihoyos is recommending City Council adopt a resolution vacating
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.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micl�ael C. Van Milligen
I LVA 14 0 LVA 11111111
Attachment
cc: Crenna Brumwell, Citv Attornev
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Nate Kieffer, Land Surveyor
THE CITY OF
DUijB- El
Masterpiece on the Mississippi ,
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: March 7, 2023
Dubuque
All-AmericaM
2007-2012-2013
2017*2019
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,
Iowa
INTRODUCTION
The purpose of the memorandum is to provide information for the vacating of 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.
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 areas through a part of Lot 1 of Dubuque Industrial Center 14th Addition, in
the City of Dubuque, Dubuque County, Iowa.
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 14 th Addition, in the City of Dubuque, Dubuque County, Iowa.
RECOMMENDATION
I would recommend that portions of the original sanitary sewer easement areas over
and across a part of Lot 1 of Dubuque Industrial Center 14 th Addition, in the City of
Dubuque, Dubuque County, Iowa, as indicated on the attached Exhibit A, be vacated.
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolution vacating all interest in portions
of the original sanitary sewer easement areas over and across a part of Lot 1 of
Dubuque Industrial Center 14 th Addition, in the City of Dubuque, Dubuque County, Iowa,
as indicated on the attached Exhibit A.
Prepared by Nate Kieffer, PLS
101,
Prepared by7 Nate Kieffer. City of Dubuque, 50 W. 13 1h Street, Dubuque, A 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuoue, 50 W. 13 th Street, Dubuoue, 1A 52001 (563) 589-427
RESOLUTION NO. 75-23
DISPOSING OF PROPERTY BY VACATING 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, the City Council, by Resolution No. 61-23, dated the 61h day of March
2023, declared its intent to dispose of City interest in utility easements on real property,
legally described as:
Part of Lot 1 of Dubuque Industrial Center 14th Addition, in the City of Dubuque,
Dubuque County, Iowa, according to the recorded plat thereof (the Property); and
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 Recorders 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.
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on the 6th day of March 20, 2023 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 a portion of
the sanitary sewer easements across a part of Lot I 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, 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 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, 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 20th day of March 2023.
tra-d M. CavpAgg-h, Mayor
Attest:
Adrienne N. Breiffelder, City Clerk
Prepared By: City of Dubuque Address: 50 West 13th St., Dubuque, IA 52001 Ph:563-589-4270
EXHIBIT A
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
7
SANITARY SEWER EASEMENT
PER DOCUMENTS 10616-99
AND 2006-11108
TO BE VACATED
LEGEND
PROPERTY LINE
CENTERLINE SANITARY EASEMENT
EDGE SANITARY SEWER EASEMENT
SANITARY SEWER EASEMENT AREA
..........
..........
..........
TO BE VACATED
SANITARY SEWER
EASEMENTPER
DOCUMENT
2022-2290
W17-
raml
50' 100, 200'
SCALE 1" = 100' FEET
Doc ID: 011078520004 Type: GEN
Kind: RESOLUTION
Recorded: 03/23/2023 at 04:06:35 PM
Fee Amt: $22.00 Paqe 1 of 4
Dubuque County Iowa
Karol Kennedy Recorder
File2023-00002407
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13" street, Dubuque, 1A 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W 13"' Street, Dubuque, 1A 52001 (563) 589-427
RESOLUTION NO. 75-23
DISPOSING OF PROPERTY BY VACATING CITY INTEREST IN A PORTION OF
EASEMENTS FOR SANITARY SEWER UTILITIES OVER AND ACROSS A PART OF
LOT I OF DUBUQUE INDUSTRIAL CENTER 14TH ADDITION, IN THE CITY OF
DUBUQUE, IOWA
Whereas, the City Council, by Resolution No. 61-23, dated the 6th day of March
2023, declared its intent to dispose of City interest in utility easements on real property,
legally described as:
Part of Lot 1 of Dubuque Industrial Center 14th Addition, in the City of Dubuque,
Dubuque County, Iowa, according to the recorded plat thereof (the Property); and
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 I 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 Recorders 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
LUC,
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 141h
Addition, in the City of Dubuque, Dubuque County, Iowa.
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on the 6th day of March 20, 2023 at 6:30 p.m. in the Historic Federal Building,
350 W. 61�1 Street, Dubuque, Iowa; and
Whereas, it is the determination of the City Council that 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 Recorders Office, 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 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, 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 20th day of March 2023.
Cavwegh, Mayor
Attest:
a "- /1�1 k4a"
Adrienne N. Breiffelder, Cify Clerk
Prepared By: City of Dubuque Address: 50 West 13th St., Dubuque, IA 52001 Ph:563-589-4270
EXHIBIT A
SANITARY SEWER EASEMENT VACATE
WITHIN LOT 1, DUBUQUE INDUSTRIAL CENTER 14TH ADDITION,
IN THE CITY OF DUBUQUE, IOWA
Vol
"y\
7
SANITARY SEWER EASEMENT
PER DOCUMENTS 10616-99
AND 2006-11108
TO BE VACATED
vs
V0
LEGEND
PROPERTY LINE
CENTERLINE SANITARY EASEMENT
EDGE SANITARY SEWER EASEMENT
SANITARY SEWER EASEMENT AREA
TO BE VACATED
1-3 OF DUBUQUE INDUSTRIAL
. AND ALSO ON FINAL PLAT OF
NORTH
6igrm���
50' 100, 200'
SCALE 1"= 100'FEET
SANITARY SEWER
EASEMENT PER
DOCUMENT
2022-2290
CERTIFICATE of the CITY CLERK
STATE OF IOWA
SS:
COUNTY OF DUBUQUE )
1, Adrienne N. Breiffelder, 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. 75-23 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 March, 2023.
I
Adrienne N. Breiffelde'r, City Clerk
EA-L)
:', '.'
-3 R
rl 5-:;L3
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
1, Kathy Goetzinger, a Billing Clerk for Woodward
r--=unications, 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:
03/10/2023
and for which the charge is 92.23
So (Scribed to before me, a Notary Public in and for
Dubuque County, Iowa,
this 10th day of March, 2023
On, o & 71� PQx ,
Notary in and for Dubuque tounty, Iowa.
P"d '
* wil
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 20th day of March 2023,
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 City interest in a
portion of certain easements for sanitary sewer utilities over
the following described real property:
PART OF LOT I OF DUBUQUE INDUSTRIAL CENTER 14TH 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.conVAgendaPublic/ 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. 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 6th day
of March 2023.
Adrienne N. Breitfelder, CMC City Clerk
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 I 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 I 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 Recorders 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 Recorders 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 I 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 I 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 Recorders 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 Recorders
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.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
lt 3/10