Vacating a portion of a Public Utility Easement over part of Lot 2, Block 4, of Indian Hills, in the City of Dubuque, Iowa – Emily and Scott McGuire Property at 1195 Arrowhead DriveCity of Dubuque
City Council
Copyrighted
August 18, 2025
ITEMS SET FOR PUBLIC HEARING # 1.
ITEM TITLE: Vacating a portion of a Public Utility Easement over part of
Lot 2, Block 4, of Indian Hills, in the City of Dubuque, Iowa —
Emily and Scott McGuire Property at 1195 Arrowhead Drive
SUMMARY: City Manager recommending City Council set a public
hearing for September 2, 2025, for the request by Emily and
Scott McGuire for the City to vacate the interest of a portion
of a public utility easement across part of Lot 2, Block 4, of
Indian Hills, in the City of Dubuque, Iowa, to accommodate a
proposed residential building addition.
RESOLUTION Intent To Vacate And Dispose Of City Interest
In A Portion Of A Public Utility Easement Over And Across
Part Of Lot 2, Block 4, Of Indian Hills, In The City Of
Dubuque, Iowa
SUGGUESTED Receive and File; Adopt Resolution(s), Set Public Hearing for
DISPOSITION: September 2, 2025
ATTACHMENTS:
1. MVM Memo
2. 1 Staff Memo intent to vacate PUE mcguire 08072025
3. 2 resolution intent to vacate PUE mcguire 08072025
4. 3 mcguire easement vacate exhibit
5. 4 mcguire easement vacate utility consent forms
6. 5 Notice —of —Public —Hearing vacate PUE mcguire 08072025
Page 295 of 579
Dubuque
THE CITY OF
uFA�a9a av
DuBE
13
Masterpiece on the Mississippi zoo�•*o
rP PP 2017202019
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Setting a Public Hearing Vacating a portion of a Public Utility Easement
over part of Lot 2, Block 4, of Indian Hills, in the City of Dubuque, Iowa —
Emily and Scott McGuire Property at 1195 Arrowhead Drive
DATE: August 12, 2025
City Engineer Gus Psihoyos is recommending City Council set a public hearing for
September 2, 2025, for the request by Emily and Scott McGuire for the City to vacate
the interest of a portion of a public utility easement across part of Lot 2, Block 4, of
Indian Hills, in the City of Dubuque, Iowa, to accommodate a proposed residential
building addition.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
k�4 szjzn"
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Nate Kieffer, PE/PLS
Page 296 of 579
THE C
DUUB-.'*--TE
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: August 11, 2025
Dubuque
uFA.ain CIO
2007-2012.2013
2017*2019
SUBJECT: Setting a Public Hearing Vacating a portion of a Public Utility Easement
over part of Lot 2, Block 4, of Indian Hills, in the City of Dubuque, Iowa —
Emily and Scott McGuire Property at 1195 Arrowhead Drive
INTRODUCTION
This memorandum requests the City Council set a public hearing for September 2, 2025
to a request from Emily and Scott McGuire requesting the vacating of a portion of a
public utility easement across part of Lot 2, Block 4, of Indian Hills, in the City of
Dubuque, Iowa, to accommodate a proposed residential building addition.
BACKGROUND
The McGuire's are planning a building addition to their home at 1195 Arrowhead Drive.
Currently there are existing public utilities, including Alliant, Mediacom, Lumen, and
ImOn, in the area of the proposed building addition. In order to accommodate the
proposed addition, the utility companies have agreed to relocate their lines around the
southerly end of the proposed building addition. This relocation requires the McGuire's
to grant a new public utility easement over the new utility line alignment. Last month,
the McGuire's executed the new easement and it has been recorded with the Dubuque
County Recorder's Office.
DISCUSSION
The next step in the process is to vacate a portion of the existing easement which is in
conflict with the proposed building addition. All affected public utility easement owners
have consented to the request for the vacation of the easement. Therefore, staff is
recommending vacation of a portion of the public utility easement across part of Lot 2,
Block 4, of Indian Hills, in the City of Dubuque, Iowa, as shown on the attached Exhibit
A.
RECOMMENDATION
I would recommend that the public utility easement across part of Lot 2, Block 4, of
Indian Hills, in the City of Dubuque, Iowa, as shown on the attached Exhibit A, be
vacated and that a public hearing be set for the disposal of the City's interest in the
subject area on September 2, 2025.
ACTION TO BE TAKEN
Page 297 of 579
I respectfully request the City Council set a public hearing on September 2, 2025, on the
on the disposal of the public utility easement area through adoption of the enclosed
resolution.
Prepared by Nate Kieffer, PE/PLS
2
Page 298 of 579
Prepared bv: Nate Kieffer City of Dubuque, 50 W. 13th Street Dubuque IA 52001 (563) 589-4270
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 131" St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 271-25
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN A PORTION
OF A PUBLIC UTILITY EASEMENT OVER AND ACROSS PART OF LOT 2, BLOCK 4, OF
INDIAN HILLS, IN THE CITY OF DUBUQUE, IOWA
Whereas, Scott T. McGuire, as Trustee of the Scott T. McGuire Trust Agreement dated
October 21, 2015; and Emily May McGuire, as Trustee of the Emily May McGuire Trust Agreement
dated October 21, 2015 (the McGuires) are the current owner of Lot 2, Block 4, of Indian Hills, in
the City of Dubuque, Iowa; and
Whereas, in 1956 a public utility easement was platted over a portion of Lot 2, Block 4, of
Indian Hills, in the City of Dubuque, Iowa according to the Plat of Block 1, Block 2, Block 3, and
Block 4 in Indian Hills in the City of Dubuque, Iowa recorded in Plat Book 23, Page 310, in the
office of the Dubuque County Recorder; and
Whereas, the McGuire's are planning a building addition to their home on said Lot 2 and
said building addition improvements lie over said utility easement; and
Whereas, the McGuire's have granted a new public utility easement to the south of the
proposed building addition and have coordinated the relocation of all existing utilities from the old
easement to the new easement location, and all affected utility companies have consented to the
proposed relocation.
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 the
public utility easement across a portion of Lot 2, Block 4, of Indian Hills, in the City of Dubuque,
Iowa, as shown on the attached Exhibit A.
Section 2. That any and all applicable publication and recording fees are to be paid by the
McGuires.
Section 3. That a public hearing on the intent to vacate and dispose of City interest in the
public utility easements across a portion of Lot 2, Block 4, of Indian Hills, in the City of Dubuque,
is hereby set for the 2nd day of September, 2025, 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 18th day of August 2025.
Bra avanagh, Mayor
Adrienne N. Breitfelder, City Clerk
EXHIBIT "A"
VACATION OF 8' WIDE PUBLIC UTILITY EASEMENT
ACROSS LOT 2 BLOCK 4 OF INDIAN HILLS,
IN THE CITY OF DUBUQUE, IOWA
R
�Egpp
��
� �Sp•
\ R�w�,�
% ROW *p\4.
_
w
\ 1500
1
��Psp.
`
EXISTING 10' WIDE
PUBLIC UTILITY
�� \
EASEMENT
BOOK 23 PAGE 310 i
5,
EXISTING
DWELLING
N i
co co ry
�,
LOT 2 OF
,
'�
MARILYNNE PLACE 3 i
IN INDIAN HILLS
/
[y i
- I i '
APPROXIMATE LOT 2
i!
LOCATION OF I
PROPOSED BLOCK 4 OF
EXISTING 10' WIDE
ADDITION INDIAN HILLS EXISTING 10' WIDE PUBLIC/I
?i
PUBLIC UTILITY % ;
/ UTILITY EASEMENT ��
EASEMENT /
BOOK 23 PAGE 310 5
-- ----- -----
/
TO BE VACATED PTE /
5
% -
EXISTING 8' WIDE PUBLIC
-- ------ ___ %
UTILITY EASEMENT
BOOK 23 PAGE 310
LOT 1 BLOCK 4 OF
INDIAN HILLS
as
S 83'10'18" E
N i
135.67'(135.6T ) 'BOOK
PAGE
o :2 LAJ
23
310
3a _
a
W
co >- N '--_
LOT 2-2-1-2-2-1
--_,_ OF FALDORF'S PLACE S 79'Ol 26 E
EXISTING 5' WIDE
0 F Y
z � :�
,
_ 14.24'(14.33 )
EX/STjNG
PUBLIC UTILITY
EASEMENT
In Do 21'+/-
P� BCIO `-- __ J
0'#
w
2 Z/U 2 `-' D
2ASfMfNT -__ i h
LOT 1-2-1-2-2-1
co EXISTING
i 0
10' WIDE S 754350„
OF FALDORF'S PLACE
M PUBLIC
UTILITY
toGO EASEMENT 147 OS'
1 N
LOT 1-1-1-2-4 OF 4/
MINERAL LOT 6 a
,N
hN ^ LOT 2-1-1-2-4 OF
MINERAL LOT 6
ry 2
S 83*12'15" E 144.36'
(144.85')
LEGEND
• FOUND 1" IRON PIPE
(UNLESS OTHERWISE NOTED)
PROPERTY LINE
--HOW — RIGHT OF WAY (ROW) LINE 0' 15' 30' 60,
- - - - CENTERLINE
EXISTING BUILDING FOOTPRINT SCALE: 1" = 30'
PROPOSED ADDITION
EXISTING EASEMENT LINE
PTE PER THIS EXHIBIT
( ) RECORD DIMENSION
W/AI WITH ANGLE IRON
NOTES
1.ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
2.THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD.
3.BEARING IS BASED FROM NAD83, ZONE 1401, IOWA NORTH COORDINATE SYSTEM_
4.OWNER k PROPRIETOR OF LOT 2 BLOCK 4 OF INDIAN HILLS:
SCOTT T. MCGUIRE, AS TRUSTEE OF THE SCOTT T. MCGUIRE TRUST AGREEMENT DATED OCTOBER 21. 2015 AND
EMILY MAY MCGUIRE, AS TRUSTEE OF THE EMILY MAY MCGUIRE TRUST AGREEMENT DATED OCTOBER 21, 2015.
AS TENANTS IN COMMON.
Alliant
Energy,,
July 9, 2025
Alliant Energy
200 First Street SE
P.O. Box 351
Cedar Rapids, IA 52406-0351
1-800-ALLIANT (800-255-4268)
alliantenergy.com
RE: All of the platted 8' wide public utility easement as dedicated and shown along the
south line of Lot 2 of Block 4 in Indian Hills, in the City of Dubuque, Iowa, as
recorded on December 28, 1964, in Plat Book 30, pages 193 and 194, in the office
of the Dubuque County, Iowa recorder as shown on "Exhibit "A" attached hereto.
To Whom it May Concern:
We have reviewed your request to vacate the utility easement as show on the attached Exhibit
"A". We have determined we have no objection to vacating the easement.
Feel free to contact me with any questions or concerns at 319-786-4514.
Sincerely,
c4oj� J��
Heather Dee
Manager Real Estate and Right of Way
heatherdee(a),alliantenergy.com
Page 302 of 579
EXHIBIT "A"
PUBLIC UTILITY EASEMENT ACROSS
LOT 2-2-1-2-2-1 OF FALDORF'S PLACE,
IN THE CITY OF DUBUQUE, IOWA
R
Ilk\�,
Rp
(S
\ ;;2
N'\
l \. 8 �,
Row
1,50
EXISTING 10' WIDE
PUBLIC UTILITY
EASEMENT
i
BOOK 23 PAGE 310 5'ti
r /
r r
�o i�-
co / N
tl: i Go i
tlr O
/ r
LOT 2 OF ^ i
MARILYNNE PLACE 3 i
r
IN INDIAN HILLS i
r l r
r /
r r
10' WIDE r 1 ADDITION LOT 2 BLOCK 4 OF
PUBLIC UTILITY / INDIAN HILLS EXISTING 10' WIDE
EASEMENT / / PUBLIC UTILITY
PTE EASEMENT
� ' � EXISTING 8' WIDE
BOOK 23 PAGE 310
--- _ PUBLIC UTILITY
EASEMENT
r __
----- BOOK 23 PAGE 310 S 79'01'26" E —
/-----------------------14_24'(14.33')
S 83'10'18" E 135.------- _
L /
LOT 2-2-1-2-2-1
OF FALDORF'S PLACE i
/
/5'
\
r r
r r
r /
N;
/ ^ r
r �r
r r
/
iv /
/
^ry
r O�
d. r
�i
/
2'
LBLOCK 4 OF
IAN HILLS
AGE 310 -
21'+/— /
t
- 5' WIDE PUBLIC
UTILITY EASEMENT
PTE
10' WIDE PUBLIC S 7543so" E 147 OF LOT
1-2-1-2-2-1
LDORF'S PLACE
UTILITY EASEMENT 05
PTE hi
LOT 1-1-1-2-4 OF
MINERAL LOT 6
S 83'12'15" E 144.
36'(144.85')
LEGEND
•
FOUND 1" IRON PIPE
(UNLESS OTHERWISE NOTED)
PROPERTY LINE
ROW
RIGHT OF WAY (ROW) LINE
— - — -
— CENTERLINE
EXISTING BUILDING FOOTPRINT
— - - — -
- — PROPOSED ADDITION
EXISTING EASEMENT LINE
— — — — —
— — EASEMENT LINE
PTE
PER THIS EXHIBIT
( )
RECORD DIMENSION
W/AI
WITH ANGLE IRON
IAJ
,N
N O
h� n LOT 2-1-1-2-4 OF
MINERAL LOT 6
N 2
0' 15' 30' 60'
SCALE: 1" = 30'
NOTES
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
2.THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD.
3.BEARING IS BASED FROM NAD83, ZONE 1401, IOWA NORTH COORDINATE SYSTEM.
4.OWNER & PROPRIETOR OF LOT 2-2-1-2-2-1 OF FALDORF'S PLACE:
SCOTT T. MCGUIRE, AS TRUSTEE OF THE SCOTT T. MCGUIRE TRUST AGREEMENT DATED OCTOBER 21, 2015 AND
EMILY MAY MCGUIRE, AS TRUSTEE OF THE EMILY MAY MCGUIRE TRUST AGREEMENT DATED OCTOBER 21, 2015.
AS TENANTS IN COMMON.
Prepared by: Nate Kieffer City of Dubu ue 50 W. 1311 Street Dubuque, IA 52001 563 589-4270
Return to: Nate Kieffer. City of Dubuque. 50 W. 13" Street, Dubuque, IA 52001 (563) 589-4270
RELEASE OF EASEMENT
ImOn Communications, LLC, an Iowa Corporation, does hereby release,
discharge and abandon all of its right, title and interest in and to:
All of the platted 8' wide public utility easement as dedicated and shown along
the south line of Lot 2 of Block 4 in Indian Hills, in the City of Dubuque, Iowa, as
recorded on December 28, 1964, in Plat Book 30, pages 193 and 194, in the office of
the Dubuque County, Iowa recorder as shown on "Exhibit "A" attached hereto.
This Release of Easement does not release or modify any other easements set
forth on said Plat.
This Release of Easement is made for the benefit of all current owners of the
above -described property, including their heirs, successors and assigns.
Page 304 of 579
Signed this Z2 day of J J �� , 2025
lmOn Communications, LLC
State of Iowa }
} ss:
County of Dubuque )
t�
This instrument was acknowledged before me on the day of
2025, by tjo,66 (.7,ro o A- , as C��n��rrz�� ,�d„�, of said ImOn
Communications, LLC.
All, MASON GRANT' Notary Public in and for the State of Iowa
AAS r Commission Number 847689
My Commission Expires
April 26, 2026 My Commission Expires nol Z
(Notary Seal)
Page 305 of 579
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 131 Street, Dubuque, IA 52001 (563) 589-4270
Retum to: Nate Kieffer, City of Dubuque, 50 W. 131 Street, Dubuque, IA 52001 (563) 589-4270
RELEASE OF EASEMENT
Qwest Corporation c/o Lumen Technologies, a Colorado Corporation, does
hereby release, discharge and abandon all of its right, title and interest in and to:
All of the platted 8' wide public utility easement as dedicated and shown along
the south line of Lot 2 of Block 4 in Indian Hills, in the City of Dubuque, Iowa, as
recorded on December 28, 1964, in Plat Book 30, pages 193 and 194, in the office of
the Dubuque County, Iowa recorder as shown on "Exhibit "A" attached hereto.
This Release of Easement does not release or modify any other easements set
forth on said Plat.
This Release of Easement is made for the benefit of all current owners of the
above -described property, including their heirs, successors and assigns.
Page 306 of 579
Signed this 17 day of 5 , 2025
QWEST CORPORATION C/O LUMEN TECHNOLOGIES
Name, position
State of Iowa )
) ss:
County of Dubuque )
This instrument was acknowledged before me on the /7day of [7kly ,
2025, by 'Yre p?f ,54 e rye v) 4 - eSe as ISi Arun 1 orJ ai —said
Qwest Corporation c/o Lumen Technologies. 4F�15 e?cc—°—
CATHfRIME L REINHARD
G,0=i4sion Number 804807 '
WIG isSio Expires
/d zv zoZ(,
(Notary Seal)
Not Public in and for the State of Iowa
My Commission Expires
Page 307 of 579
Prepared by: Nate Kieffer. City of Dubu ue 5o VV, '13t4 Stree Dubuque, [A 52001 563 589-4270
Return to: Nate Kieffer, City of Dubuque, 50w. '3t4 Street, Dubuque [A 5200 {563) 589-4270
RELEASE OF EASEMENT
Mediacom., Inc., an Iowa Corporation, does hereby release, discharge and
abandon all of its right, title and interest in and to:
All of the platted 8' wide public utility easement as dedicated and shown along
the south line of Lot 2 of Block 4 in Indian Hills, in the City of Dubuque, Iowa, as
recorded on December 28, 1964, in Plat Book 30, pages 193 and 194, in the office of
the Dubuque County, Iowa recorder as shown on "Exhibit "A" attached hereto.
This Release of Easement does not release or modify any other easements set
forth on said Plat.
This Release of Easement is made for the benefit of all current owners of the
above -described property, including their heirs, successors and assigns.
Page 308 of 579
Signed this day of � �I;Z , 2025
MEDIACOM., INC.
,24M':2- - r- " I, "+
Name position Sr. ; rPeor ofrY)Fr
State of Iowa )
) ss:
County of Dubuque )
This instrumen ,was ack�o edged before me on the day of
2025, by � t �- - i as Aa, _ �)f said
Mediacom., Inc.
(Notary Seal)
LAV
Notary Nj=
�t —. Iowa
awe May I6, 202
My Commission Expires `' t"
Page 309 of 579
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct a public
hearing on the 2nd day of September 2025 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 its interest in a portion of a public utility easement in Indian Hills
Subdivision, in the City of Dubuque, said real property is more particularly described as
follows:
PART OF LOT 2, BLOCK 4, OF INDIAN HILLS, IN THE CITY OF DUBUQUE, IOWA
At the meeting, the City Council will receive oral and written comments from any resident
or property owner of said City to the above action. The official City Council agenda will be
posted the Friday before the meeting and will contain public input options. The agenda
can be accessed at https://dubugueia.portal.civiccierk.com/ or by contacting the City
Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org.
Written comments on the public hearing may be submitted to the City Clerk's Office by
email at ctyclerk@cityofdubuque.org or by mail to City Hall, 50 W. 13th St., Dubuque, IA
52001, before the scheduled hearing. The City Council will review all written comments
at the time of the hearing.
Documents related to the public hearing 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 requiring special assistance should contact the City Clerk's Office 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 18th day of August 2025.
Adrienne N. Breitfelder, CIVIC City Clerk
Page 310 of 579