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Vacating of a portion of a Storm Water Detention Basin Access Easement, 3100 Cedar Crest RidgeCity of Dubuque City Council Meeting ITEM TITLE: SUMMARY: Copyrighted September 16, 2024 Public Hearings # 06. 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 Proof of publication on notice of public hearing to consider City Council adoption of the attached resolution vacating all interest in a portion of the storm water detention basin access easement over a part of Lot 2 of Cedar Ridge Farm Place # 10, and City Manager recommending approval. RESOLUTION Disposing of property by vacating 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 Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions Exhibit Supporting Documentation Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque heal All -America City 111111 2007.2012.2013 2017*2019 SUBJECT: 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: September 12, 2024 Assistant City Engineer Robert Schiesl is recommending City Council adoption of the attached resolution vacating all interest in a portion of the storm water detention basin access easement over a part of Lot 2 of Cedar Ridge Farm Place # 10. 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 detention basin facility. I concur with the recommendation and respectfully request Mayor and City Council approval. Micf'ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Robert Schiesl, Assistant City Engineer Nate Kieffer, PLS Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Robert Schiesl, Assistant City Engineer DATE: September 10, 2024 Dubuque kirtal AII•Aneriea City >y1rwLCMD I1.5 ,E ' 1111' 2007.2012.2013 2017*2019 SUBJECT: 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 The purpose of the memorandum is to provide information 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 detention basin 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. 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. ACTION TO BE TAKEN I respectfully request adoption of the attached resolution vacating all interest in 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 A. 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. 131h Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 299-24 DISPOSING OF PROPERTY BY VACATING 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 Council, by Resolution No. 276-24, dated the 3rd day of September 2024, declared its intent to dispose of City interest in utility easements on real property, legally described as: Part of Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubuque, Iowa, according to the recorded plat thereof (the Property); and 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; and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on the 16th day of September 2024 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 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, 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 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, 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 16th day of September 2024. Attest: Adrienne N. Breitfelder,V City Clerk 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. Location: Requestor: Proprietor: Surveyor: Company: Return To: INDEX LEGEND 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 City of Dubuque, Iowa Drake House South LLC c/o Donald G. Rusk 2052 Hidden Meadow Dr. / Dubuque, IA 52002 Terry L. Koelker Buesing & Associates, Inc. 1212 Locust St., Dubuque, IA 52001 tlkoelker©buesing.com (563) 556-4389 PREPARED BY: BUESING & ASSOCIATES ADDRESS: 1212 LOCUST STREET, DUBUQUE, IOWA 52001 PHONE: (563) 556-4389 SCALE 1" = 60' 0' 60' LOT 1 CEDAR RIDGE FARM PLACE #10 xsscc, Tc \ 2T LOT 6 CEDAR RIDGE FARM PLACE #4 / E.6� CS" P 12 0' / ,n OII / G 1 , // / �0 G L�O / / FOB O� 9 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. 'PO LEGEND PROPERTY LINE CENTERLINE pp-�� r� r EXISTING EASEMENT LINE LG1 G� �� EXISTING EASEMENT TO BE VACATED aASSOCIATES INC. ENGINEERS AND SURVEYORS UESING 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 1II1II1IIIIII III IIIII IIIII IIIII III I I III 111h IIIII IIIII IIIII IIIII IIIII IIII IIII Doc ID: 011269660004 Type GEN Kind: RESOLUTION Recorded: 09/20/2024 at 10:49:34 AM Fee Amt: $22.00 Page 1 of 4 Dubuque County Iowa Karol Kennedy Recorder File2024-00008894 Preoared bv: Nate Kieffer. City of Dubuque. 50 W. 13th Street Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, CAN of Dubuque. 50 W. 13th Street Dubuque. IA 52001 (5631 589-427Q RESOLUTION NO. 299-24 DISPOSING OF PROPERTY BY VACATING 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 Council, by Resolution No. 276-24, dated the 3rd day of September 2024, declared its intent to dispose of City interest in utility easements on real property, legally described as: Part of Lot 2 of Cedar Ridge Farm Place # 10, in the City of Dubuque, Iowa, according to the recorded plat thereof (the Property); and 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; and 2200 ® D1361 City Eri9iv1eer Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on the 16th day of September 2024 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 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, 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 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, 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 16h day of September 2024. Attest: Adrienne N. Breitfelder, City Clerk CERTIFICATE of the CITY CLERK STATE OF IOWA SS: COUNTY OF DUBUQUE ) I, 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. 299-24 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 20 day of September 2024. Adrienne N. Breitfelder, City Clerk ,' 3 C1 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 Requester: City of Dubuque, Iowa Proprietor: Drake House South LLC c /o Donald !. Rusk 2052 Hidden Meadow Dr. j Dubuque, IA 52002 Surveyor: Terry L. 1<oelker Company: Buesing & Associates, Inc. 1212 Locust St., Dubuque, IA 52001 Return To: tlkoelkerC3buesing.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 SCALE 1" = 60' 0' 60' 120' LOT 1 CEDAR RIDGE FARM PLACE #10cn - Py� t, //: LOT J <::EOR GE SUB LEGEND PROPERTY LINE CENTERLINE EXISTING EASEMENT LINE Ei:IS1ING EASEMENT TO BE VACATED NOTES 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEROF- 2 THIS FLAT 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 DIJBUQUE OWNED STORM WATER DETENTION BASIN ON LOT C OF CEDAR RIDGE FARM PLACE NO. 4. �UEASIINNG ENGINEERS AND SURVEYORS 1212 LOCUST ST, DUBUQUE, IA (563) 556-4389 DRAWN BY: TPL CHECKED BY. SUP,'E1 DATE. PLOT DATE. 6/4/24 DWG. MO. 2312E-03 SCALE, AS NOTED SHEET 1 OF 1 STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, 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: 09/06/2024 and for which the charge is 88.35 (77 Publi (J Subscribed to before me, a Notary m and for r Dubuque County, Iowa, this 6th day of September, 2024 Pip Notary P�i • is in and for Dubuque County, Iowa. �'P1AL �, JANET K. PAPE 0 7 Commission Number 199659 My Commission Expires ioWk 12/11/2025 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 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 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 Recorders 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 Recorders 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 Recorders 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 Recorders 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. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk 1t 9/6