Vacating of a portion of a Storm Water Detention Basin Access Easement - Cedar Ridge Farm Place #10, 3100 Cedar Crest RidgeCopyrighted
September 3, 2024
City of Dubuque Items to be set for Public Hearing #
City Council Meeting 02.
ITEM TITLE:
SUMMARY:
Setting a Public Hearing for the Vacating of a portion of a Storm Water
Detention Basin Access Easement across a Part of Lot 2 of Cedar
Ridge Farm Place # 10, in the City of Dubuque, Iowa, common address
3100 Cedar Crest Ridge
City Manager recommending City Council set a public hearing for
September 16, 2024, for the vacating of a portion of a Storm Water
Detention Basin Access Easement across a Part of Lot 2 of Cedar
Ridge Farm Place # 10, in the City of Dubuque, Iowa originally created
on the Final Plat of Cedar Ridge Farm Place No. 4 recorded as
Instrument Number 12997-01 in the Dubuque County Recorder's Office.
RESOLUTION Intent to vacate and dispose of city interest in a portion
of a Storm Water Detention Basin Access Easement Through, Over,
And Across Part Of Lot 2 Of Cedar Ridge Farm Place # 10, in the City
of Dubuque, Iowa
SUGGESTED Receive and File; Adopt Resolution(s), Set Public Hearing for
DISPOSITION: September 16, 2024Suggested Disposition:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Resolutions
Exhibit Supporting Documentation
Notice of Hearing Supporting Documentation
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
AIFberka city
2007.2012.2013
2017*2019
SUBJECT: Setting a Public Hearing for the Vacating of a portion of a Storm Water
Detention Basin Access Easement across a Part of Lot 2 of Cedar Ridge
Farm Place # 10, in the City of Dubuque, Iowa, common address 3100
Cedar Crest Ridge
DATE: August 29, 2024
City Engineer Gus Psihoyos is recommending City Council set a public hearing for
September 16, 2024, for the vacating of a portion of a Storm Water Detention Basin
Access Easement across a Part of Lot 2 of Cedar Ridge Farm Place # 10, in the City of
Dubuque, Iowa originally created on the Final Plat of Cedar Ridge Farm Place No. 4
recorded as Instrument Number 12997-01 in the Dubuque County Recorder's Office.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
krtr
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Nate Kieffer, PLS
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: August 20, 2024
Dubuque
bitrid
11.4
All Hence City
2007.2012.2013
2017*2019
SUBJECT: Setting a Public Hearing for the Vacating of a portion of a Storm Water
Detention Basin Access Easement across a Part of Lot 2 of Cedar Ridge
Farm Place # 10, in the City of Dubuque, Iowa, common address 3100
Cedar Crest Ridge
INTRODUCTION
This memorandum requests the City Council set a public hearing for September 16,
2024, for the vacating of a portion of a Storm Water Detention Basin Access Easement
across a Part of Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubuque, Iowa
originally created on the Final Plat of Cedar Ridge Farm Place No. 4 recorded as
Instrument Number 12997-01 in the Dubuque County Recorder's Office.
BACKGROUND
The City owns and maintains a storm water detention basin facility in the southwest
corner of Cedar Ridge Farm Place No. 4 (located west of Cedar Cross Road with lots
on the north and south side of Cedar Crest Ridge). The City has a storm water
detention basin easement over the lots on the southern tier of the subdivision to access
the facility from Cedar Cross Road for maintenance and repair activities.
The vacant lot at 3100 Cedar Cross is encumbered by the access easement mentioned
above. The property owners are planning to develop the currently vacant lot at 3100
Cedar Cross Road into a coffee shop with a drive -through facility (Charlotte's Coffee
House). During the site plan review process, it was determined that because of the
proposed site grading the existing easement alignment would not be accessible by
City/Contractor maintenance equipment. The property owners have agreed to grant a
new access easement through the proposed site that will be traversable for
maintenance equipment. The new access easement location will allow access from the
public road of Cedar Cross to the detention basin facility. The City will use the access
easement to facilitate the on -going maintenance of the facility.
The property owner has executed the newly located Storm Water Detention Basin
Access Easement through, over, and across Part of Lot 2 of Cedar Ridge Farm Place #
10, in the City of Dubuque, Iowa, which by Resolution 235-24 was accepted by the City
of Dubuque and recorded as Instrument Number 2024-7239 in the Dubuque County
Recorder's Office.
DISCUSSION
The City now needs to vacate a portion of the original Storm Water Detention Basin
Access Easement through, over, and across Lot 2 of Cedar Ridge Farm Place # 10, in
the City of Dubuque, Iowa originally created on the Final Plat of Cedar Ridge Farm
Place No. 4 recorded as Instrument Number 12997-01 in the Dubuque County
Recorder's Office.
The exhibit attached to the resolution shows the portion of the original access easement
area proposed to be vacated over and across a part of Lot 2 of Cedar Ridge Farm Place
# 10, in the City of Dubuque, Iowa.
BUDGET IMPACTS
This request includes no budget impacts.
RECOMMENDATION
I would recommend that a portion of the storm water detention basin access easement
over a part of Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubuque, Iowa
originally created on the Final Plat of Cedar Ridge Farm Place No. 4 recorded as
Instrument Number 12997-01 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 area on September 16th, 2024.
ACTION TO BE TAKEN
I respectfully request the City Council set a public hearing for September 16, 2024, on
the disposal of the easement area through adoption of the enclosed resolution.
Prepared by Nate Kieffer, PLS
2
Prepared by Nate Kieffer, Surveyor, 50 W. 13th St., Dubuque, IA 52001, (563) 589-4277
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13th St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 276-24
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN A
PORTION OF A STORM WATER DETENTION BASIN ACCESS EASEMENT
THROUGH, OVER, AND ACROSS PART OF LOT 2 OF CEDAR RIDGE FARM PLACE
# 10, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque and Drake House South, LLC have agreed to
relocate the existing storm water detention basin access easement thru Lot 2 of Cedar
Ridge Farm Place # 10, in the City of Dubuque, Iowa in order to accommodate the
proposed commercial development on said lot; and
Whereas, Drake House South, LLC has executed the newly located Storm Water
Detention Basin Access Easement through, over, and across Part of Lot 2 of Cedar Ridge
Farm Place # 10, in the City of Dubuque, Iowa, which by Resolution 235-24 was accepted
by the City of Dubuque and recorded as Instrument Number 2024-7239 in the Dubuque
County Recorder's Office; and
Whereas, the City now needs to vacate a portion of the original Storm Water
Detention Basin Access Easement through, over, and across Lot 2 of Cedar Ridge Farm
Place # 10, in the City of Dubuque, Iowa originally created on the Final Plat of Cedar
Ridge Farm Place No. 4 recorded as Instrument Number 12997-01 in the Dubuque
County Recorder's Office.
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 original Storm Water Detention Basin Access Easement through, over,
and across Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubuque, Iowa originally
created on the Final Plat of Cedar Ridge Farm Place No. 4 recorded as Instrument
Number 12997-01 in the Dubuque County Recorder's Office.
Section 2. That a public hearing on the intent to vacate and dispose of City interest
in a portion of the original Storm Water Detention Basin Access Easement through, over,
and across Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubuque, Iowa originally
created on the Final Plat of Cedar Ridge Farm Place No. 4 recorded as Instrument
Number 12997-01 in the Dubuque County Recorder's Office, is hereby set for the 16th
day of September, 2024, 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 3rd day of September, 2024.
Attest:
.c.e )47-0,(/
Adrienne N. Breitfelder, City Clerk
Bravanagh, Mayor
EXHIBIT A
VACATION OF
ACCESS EASEMENT FOR LOT C OF
CEDAR RIDGE FARM PLACE NO. 4:
ON LOT 2 OF
CEDAR RIDGE FARM PLACE NO. 10,
in the City of Dubuque, Iowa.
INDEX LEGEND
Location: Lot 2 of Cedar Ridge Farm Place No. 10
SE1/4 of Sec. 34, T89N, R2E (Dubuque TWP)
of the 5th P.M., Dubuque County, Iowa
Requestor: City of Dubuque, Iowa
Proprietor: Drake House South LLC
c/o Donald G. Rusk
2052 Hidden Meadow Dr. / Dubuque, IA 52002
Surveyor: Terry L. Koelker
Company: Buesing & Associates, Inc.
1212 Locust St., Dubuque, IA 52001
Return To: tlkoelker@buesing.com (563) 556-4389
PREPARED BY: BUESING & ASSOCIATES ADDRESS: 1212 LOCUST STREET,
DUBUQUE, IOWA 52001 PHONE: (563) 556-4389
LOT 6
CEDAR RIDGE
FARM PLACE #4 �2
0.
SCALE 1" = 60'
0' 60' 120'
LOT 1
CEDAR RIDGE
FARM PLACE #10
4
Of)
's.
LOT 1-3
J. GEORGE SUB.
NOTES
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEROF.
2. THIS PLAT IS SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD.
3. SEE FILE 2015-00015848 FOR THE PLAT OF SURVEY OF CEDAR RIDGE FARM
PLACE NO. 10, AND FILE 12997-01 FOR THE FINAL PLAT OF CEDAR RIDGE FARM
PLACE NO. 4.
4. THE ACCESS EASEMENTS FOR LOT C ARE FOR THE INGRESS AND EGRESS TO THE
CITY OF DUBUQUE OWNED STORM WATER DETENTION BASIN ON LOT C OF CEDAR
RIDGE FARM PLACE NO. 4.
9•
5'3
rS
s.
<0
LEGEND
PROPERTY LINE
CENTERLINE
Dp� r�� TT EXISTING EASEMENT LINE
EZ7= = EXISTING EASEMENT TO BE VACATED
UESING
ASSOCIATES INC.
ENGINEERS AND SURVEYORS
1212 LOCUST ST, DUBUQUE, IA
(563) 556-4389
DRAWN BY: TPL CHECKED BY:
SURVEY DATE:
PLOT DATE: 6/4/24
DWG. NO. 23126-03 SCALE: AS NOTED
SHEET 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 16th day of September 2024, 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
storm water detention basin access over the following described real property:
Part of Lot 2 of Cedar Ridge Farm Place # 10, 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. 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 3rd day of September 2024.
Adrienne N. Breitfelder, CMC City Clerk