Public Hearing Vacating a portion of a Utility Easement over part of Lot 2, Block 4 of Indian HillsCity of Dubuque
City Council
PUBLIC HEARINGS # 4.
Copyrighted
September 2, 2025
ITEM TITLE: Public Hearing Vacating a portion of a 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: Proof of publication on notice of public hearing to consider
City Council adopt the resolution vacating all interest in the
public utility easement located over a portion of Lot 2, Block
4, of Indian Hills, in the City of Dubuque, Iowa as requested
by Emily and Scott McGuire to accommodate a proposed
residential building addition, and City Manager
recommending approval.
RESOLUTION Disposing Of Property By Vacating 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)
DISPOSITION:
ATTACHMENTS:
1. MVM Memo
2. 1 staff memo ph vacate pue mcguire 08192025
3. 2 resolution vacate public hearing pue mcguire 08192025
4. 3 mcguire easement vacate exhibit
5. 4 mcguire easement vacate utility consent forms
Page 481 of 629
Dubuque
THE CITY OF
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DuBE
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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: 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 26, 2025
City Engineer Gus Psihoyos is recommending City Council adopt the resolution
vacating all interest in the public utility easement located over a portion of Lot 2, Block
4, of Indian Hills, in the City of Dubuque, Iowa as requested by Emily and Scott McGuire
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, PLS
Page 482 of 629
THE CITY OF
Dubuque
D U BjE
AII-Aoeriea City
1
1II1-
Masterpiece the Mississippi
2007.2012
on
2013.2017
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: August 19, 2025
SUBJECT: 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 is in response to a request from Emily and Scott McGuire requesting the vacating of a
public utility easement across a portion of Lot 2, Block 4, of Indian Hills, in the City of Dubuque,
Iowa, common address 1195 Arrowhead Drive, in the City of Dubuque, Iowa.
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 recommend that the City vacate all interest in the public utility easement indicated on the
attached Exhibit A over a portion of Lot 2, Block 4, of Indian Hills, in the City of Dubuque, Iowa.
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolution vacating all interest in the public utility
easement located over a portion of Lot 2, Block 4, of Indian Hills, in the City of Dubuque, Iowa.
Prepared by Nate Kieffer, PLS
1
Page 483 of 629
Prepared by: Nate Kieffer, City of Dubuque 50 W. 13" Street Dubuque. IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13t" Street, Dubuque IA 52001 (563) 589-4270
RESOLUTION NO. 291-25
DISPOSING OF PROPERTY BY VACATING 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, the City Council, by Resolution No. 271-25, dated the 18th day of August
2025, declared its intent to dispose of City interest in a public utility easement on real
property, legally described as:
Lot 2, Block 4, of Indian Hills, in the City of Dubuque, Iowa, according to the
recorded plat thereof (the Property); 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, pursuant to published notice, a public hearing was held on the proposed
disposition on the 2nd day of September, 2025 at 6:00 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 the public
utility easement on the Property 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 the public utility easement
located at the Property as shown on the attached Exhibit A.
Section 2. The City Clerk is hereby authorized to and directed to record this
resolution, exhibit, and utility company consent/release documents with the Dubuque
County Recorder.
Passed, approved, and adopted this 2nd day of September, 2025.
rad M.,QaOagh, Mayor
Attest:
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
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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.
Doc ID: 011446150012 Type: GEN
Kind: RESOLUTION
Recorded: 12/17/2025 at 02:40:04 PM
Fee Amt. $62.00 Paqe 1 of 12
Dubuque County Iowa
Ann E. Sweeney Recorder
File2025-00013655
Preoared by: Nate Kieffer. City of Dubuque 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
RESOLUTION NO. 291-25
DISPOSING OF PROPERTY BY VACATING 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, the City Council, by Resolution No. 271-25, dated the 18th day of August
2025, declared its intent to dispose of City interest in a public utility easement on real
property, legally described as:
Lot 2, Block 4, of Indian Hills, in the City of Dubuque, Iowa, according to the
recorded plat thereof (the Property); 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, pursuant to published notice, a public hearing was held on the proposed
disposition on the 2nd day of September, 2025 at 6:00 p.m. in the Historic Federal
Building, 350 W. 6"' Street, Dubuque, Iowa; and
Whereas, it is the determination of the City Council that City interest in the public
utility easement on the Property 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 the public utility easement
located at the Property as shown on the attached Exhibit A.
D,�e C(3kj fqwier (e 620'
Section 2. The City Clerk is hereby authorized to and directed to record this
resolution, exhibit, and utility company consent/release documents with the Dubuque
County Recorder.
Passed, approved, and adopted this 2nd day of September, 2025.
rad M. CavAagh, Mayor
Attest:
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
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--------------
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( )
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NOTES
I.ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
2-THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD.
3.8EARING IS BASED FROM NAD83, ZONE 1401. IOWA NORTH COORDINATE SYSTEM.
4.01IINER h 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.
CERTIFICATE of the CITY CLERK
STATE OF IOWA
SS:
COUNTY OF DUBUQUE )
I, Adrienne N. Breitfelder, 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. 291-25 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 17m day of December 2025.
Adrienne N. Breitfelde , City Clerk
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 131h Street, Dubuque IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 131h Street, Dubuque IA 52001 (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.
Signed this na day of 1l , 2025
MEDIACOM., INC.
By: - 4&-
viA
3l
am , position
,13o,rK i C'M0,11el ��► co
State of Iowa )
) ss:
County of Dubuque )
This instrument was acknowledged before me on the day of J J � t ,
2025, by &Q Ig m -v, O*Wl eq as (&tsjj uc+ion 5pCc� ,al, of said
Mediacom., Inc.
N
V"!
04
bsion
otary Public and for tY State of Iowa
My Commission Expires
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13" 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
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.
Signed this r day of 5 , 2025
QWEST CORPORATION C/O LUMEN TECHNOLOGIES
Nam�e, position ire,
8rerl S}�er� ( ese� Nef1j0rK ErTI "Y
En9�neer
State of Iowa )
ss:
County of Dubuque )
This instrument was acknowledged before me on the %7 day of �%u. IU ,
2025, by Yne pi4- Ste ve h l i e se as Aj/ e- fwp � �,•rth l o y c4fl-said
Qwest Corporation c/o Lumen Technologies.rIs�nc�o'
�Ofk CATHERINE L REINHARD
* /� COmmjssion Number 804807
My co issio Expires
(Notary Seal)
Notatry Public in and for the State of Iowa
My Commission Expires ! G zZ
Alliant
Energy
July 9, 2025
...
SEP 2 2 207S
Alliant Energy
200 First Street SE
P.O. Box 351
Cedar Rapids, IA 52406-0351
1-800-ALLIANT (800-255-4268)
a Ilia ntenergy.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,
Heather Dee
Manager Real Estate and Right of Way
heatherdee(d-)alliantenergy.com
EXHIBIT "A"
PUBLIC UTILITY EASEMENT ACROSS
LOT 2-2-1-2-2-1 OF FALDORF'S PLACE,
IN THE CITY OF DUBUQUE, IOWA
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BOOK 23 PAGE 310
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MARILYNNE PLACE 3 ^/
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N INDIAN HILLS
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alignment, city to
vacate existing
APPROXIMATE
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easement
LOCATION OF
10' WIDE
PROPOSED
PUBLIC UTILITY
ADDITION
/
LOT 2 BLOCK 4 OF
INDIAN HILLS
EXISTING 10' WIDE
/
EASEMENT
I
PUBLIC UTILITY
PTE
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EASEMENT y
/
PUBLIC UTILITY BOOK 23 PAGE 310
■ ■
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BOOK 23 PAGE 310 S 79'01'26" E
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LEGEND
FOUND 1' IRON PIPE
(UNLESS OTHERWISE NOTED)
PROPERTY LINE
_ mow_
_ RIGHT OF WAY (ROW) UNE
- — -
— CENTERLINE
EXISTING BUILDING FOOTPRINT
— - - — - -
— PROPOSED ADDITION
- - - -
- - EXISTING EASEMEN' LINE
------.
EASEMENT UNE
PTE
PER THIS EXHIBIT
( )
RECORD DIMENSION
W/AI
WITH ANGLE IRON
0' 15' 30' 60'
SCALE: 1' s 30'
NOTES
I. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF,
2. THIS PUT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD.
3. BEARING IS BASED :ROM NAD83, ZONE 1401. IOWA NORTH COORDINATE SYSTEM.
4.OWNER h PROPRIETOR OF LOT 2-2-1-2-2-1 OF FALDORiS 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 Dubuque, 50 W. 131h Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13'h 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.
Signed this 2'�> day of U 2025
ImOn Communications, LLC
By: I/1CrQ�
Name, position
State of Iowa )
ss:
County of Dubuque )
This instru nt was•a�k�ow�I Iged before me on th
2025, by nPk%l}—V as
Communications, LLC. ��
PENNY KAY SAILER
_ Commission Number 775202
My Commission Expires
October 8, 2027
(Notary Seal)
day of
_ • . •&lmOfn]
otary Pkglic in anMor the State of Iowa
My Commission Expires X�;l
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:
08/22/2025
and for which the charge is 78.26
Subscribed to before me, a Notary Pu Iic in and for
Dubuque County, Iowa,
this 22nd day of August, 2025
40S
Notary ' 1'1 is in and for Dubuque ounty, Iowa.
t«�
JANET K. PAPE
p Commission Number 199659
;fit My Commission Expires
row% 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 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://dubuqueia.portal.civicclerk.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 Clerks 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 Clerks 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, CMC City Clerk
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 McGuires 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 McGuires 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.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
1t 8/22