Vacate Arbor Oaks PetersMEMORANDUM
August 29, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Vacating Petition - Utility Easement
In response to a request to vacate 5 feet of a 10-foot wide utility easement, Public
Works Director Mike Koch states that the City has no need for the subject utility
easement and recommends approval of the request to vacate and that a public hearing
be set for September 17, 2001.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
August 28, 2001
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director
Vacating Petition - Utility Easement
INTRODUCTION
This is in response to a request from James E. Goodman, Jr., representing James
and Patricia Peters, for the vacating 5 feet of a 10-foot wide utility easement in the
City of Dubuque, Iowa.
BACKGROUND
The attached Exhibit A shows the area of the proposed 5-foot wide utility
easement to be vacated. The property is owned by James and Patricia Peters.
They have requested the vacating to allow for the side yard setback required for
them to build on the lot.
James and Patricia Peters are the owners of Lot 23 Block 9 in Arbor Oaks on which
a lO-foot wide utility easement exists. They have obtained the written consent of
the utility companies and the abutting landowners (Steven and Linda Peters - Lot
24 Block 9) to vacate 5 feet of the 10-foot wide easement, located totally on Lot
23, and reestablish the 5-foot easement on Lot 24. The resulting easement would
remain 10 feet wide centered on the lot line.
DISCUSSION
The City does not have a need for the subject utility easement, and I would
recommend approval of the request to vacate the easement as shown on the
attached Exhibit A. I would further recommend that the vacating of the easement
be set for public hearing on September 17, 2001.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and a public hearing
should be scheduled on the disposal of the property through adoption of the
enclosed resolutions.
MAK/vjd
Prepared by Ronald J. Turner, P.L.S.
BtLENDAN T. QUANN
A. Join A~NZ ?
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O'CONNOg. c°~C THO~'vLa. S, P.C.
AITO~'4E¥$ AT LAW
FOUNDED 1840
700 LOCUST ST., SUITE 200
DUBUQUE, IOWA $2001-6874
July 13, 2001
190%1989
FP~.NCISJ. O'CoNNOR
(563) 55%8400
(563) 556-1867
E-MAiL
othoraaspc~mwci.net
Dubuque City Council
Att: City Clerk's Office
50 West 13th Street
Dubuque IA 52001
Honorable Terry Duggan, Mayor
City of Dubuque
50 West 13t~ Street
Dubuque IA 52001
RE: James and Patricia Peters
Dear Mayor Duggan and City Council Members:
We represent James and Patricia Peters, who reside at 3018 Huntington Drive, Dubuque, Iowa.
The plat for the Peters' subdivision indicates that there is a ten (10) foot easement on the west portion of
their property. The Peters desire to have the plat relocated so that only five (5) feet will nm along their
westerly boundary and that five (5) feet will run along the easterly portion of the adjacent property owned
by Steven and Linda Peters, 3028 Huntington Drive, Dubuque, Iowa. Therefore; the utility easement after
relocation will still be 10 feet wide. Steven and Linda Peters have consented to the relocation of the
easement as have Alliant Energy, Peoples Natural Gas, AT&T Broadband, and Quest as utility provider.
We hereby request that the City approve the relocation of the easement.
If you have any questions, please let us know.
Sincerely,
O'CONNOR & THOMAS, P.C.
JEG/drm
Copy to:
Mr. and Mrs. James Peters
3018 Huntington Drive
Dubuque IA 52001
Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13a Street, Dubuque, IA 52001~,864
RESOLUTION NO. 389-01
RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND VACATE UTILITY
EASEMENT OVER LOT 23 BLOCK 9 ARBOR OAKS IN THE CITY OF
DUBUQUE, IOWA, DUBUQUE COUNTY, IOWA
Whereas, James and Patricia Peters, are the current owners of Lot 23 Block
9 Arbor Oaks; and
Whereas, a 10-foot wide utility easement is currently platted on the westerly
side of said lot; and
Whereas, James and Patricia Peters have petitioned to vacate the easterly 5
feet of said easement in said lot.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to dispose of its interest and
vacate the easterly 5 feet of a 10-foot wide utility easement along the westerly
boundary line of Lot 23 Block 9 of Arbor Oaks in the City of Dubuque, Iowa, as
shown on the attached Exhibit A.
Section 2. That the City Clerk be and is hereby authorized and directed to
cause a notice of intent to be published as prescribed under Section 364.7 Code of
Iowa, 1999 or amended.
Passed, approved
2001.
Attest:
and adopted this 4th day of September, 2001.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864
RESOLUTION NO. - 01
RESOLUTION DISPOSING OF INTEREST AND VACATE 5 FEET OF A 10-FOOT WIDE
UTILITY EASEMENT OVER BLOCK 23 BLOCK 9 ARBOR OAKS IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the City of
Dubuque, Iowa on day of ., 2001, the City Council of the City of
Dubuque, Iowa met on the day of ,2001, at 6:30 p.m. in the
Public Library Auditorium, 11th and Locust, Dubuque, Dubuque, County, Iowa to consider the
proposal for the sale of real estate described as:
The easterly 5 feet of a 10-foot wide utility easement along the westerly line of Lot 23 Block
9 of Arbor Oaks in the City of Dubuque, Iowa, as shown on the attached Exhibit A
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections,
oral or written to the proposal to dispose of interest of the City of Dubuque, Iowa, in the
hereinabove described real estate.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the disposal of the interest of the City of Dubuque, Dubuque County,
Iowa, in real property described as the easterly 5 feet of a 10-foot wide utility easement along the
westerly line of Lot 23, Block 9 in Arbor Oaks in the City of Dubuque, Iowa, be and the same is
hereby approved for the cost of publication and filing fees.
Section 2. That the Mayor be authorized and directed to execute a Release of
Easement, and the City Clerk be and is hereby authorized and directed to deliver said Release to
James and Patricia Peters upon receipt of the above fees.
Section 3. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and
Dubuque County Auditor.
Passed, approved and adopted this
day of ,2001.
Attest:
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13~ Street, Dubuque, IA 52001~.864
RELEASE OF EASEMENT
WHEREAS, the plat of Block 9 of Arbor Oaks in the City of Dubuque, Iowa, was
filed in the office of the Recorder of the Dubuque County, Iowa, as Instrument No. 6144-
1988; and
WHEREAS, by said plat, the proprietors dedicated to the public utility easement
along the westedy property lines of Lot 23 Block 9 Arbor Oaks in the City of Dubuque,
Iowa, which a 10-foot wide utility easement is set forth and appears on said plat; and
WHEREAS, by the actual location of all utility services and the other easements
shown on said plat the easterly 5 feet of the said 10-foot wide easement along the west
property line of said Lot 23 Block 9 Arbor Oaks shown on attached Exhibit A is no
longer required;
NOW, THEREFORE, for valuable consideration, the undersigned, City of
Dubuque, Iowa, does hereby forever release, vacate, abandon and discharge the 10-
foot utility easement along the west property line of Lot 23 Block 9 Arbor Oaks in the
City of Dubuque, Iowa, and filed as Instrument No. 6144-1988 in the office of Recorder
of Dubuque County, Iowa; however, this Release in no way releases, vacates,
abandons, or discharges any other easement shown on the plat of Arbor Oaks in the
City of Dubuque, Iowa, filed in the officer of the Recorder of Dubuque County, Iowa, as
Instrument No. 6144-1988.
Passed, approved and adopted this
2001.
day of
Attest:
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
Prepared by: James E. Goodman, Jr., O'Connor & Taomas, P.C., 700 Locust St., Ste 200, Dubuque, IA 52001, 319-557-8400
RELOCATION OF EASEMENT
Th/s Relocation of Easement is entered into tiffs day of ,2001,
by and between Steven Peters and Linda Peters, James Peters and Patricia Peters, end Alliant
Eaergy, Peoples Natural Gas, AT&T Broadband, Qwest, and the City of Dubuque (hereinafter
collectively referred to as "Utilities').
WHEREAS, James Peters and Patrlcia Peters are owners of the following described real
estate:
Lot 23, th Block 9, in Arbor Oaks, in the City of Dubuque Iowa, according to the
recorded plat thereof (hereinafter referred to as "Lot 23").
WltEREAS, Stoven Peters and Linda Peters are owners of the following described real
estate:
Lot 24, in Block 9, ha .krbor Oaks, in the City of Dubuque, Iowa according to the
recorded plat thereof (hereinafter referred to as "Lot 24'i).
WHEREAS, the plat approving the Block 9 Arbor Oaks Subdivision, was filed with the
Dubuque Cotmty Recorder on July 25, i 988, ~ !nstmment No. 6144-1988 (hereinafter refen-ed to
as "Plat").
WHEREAS, sa/d Plat indicates that there is a 10-foot utility easement which runs along the
westerly boundary of Lot 23.
WHEREAS, the UtiLities have the right to use the 10-thoi utility easenaent which runs along
the ~vesterly boundary of Lot 23.
V, rH]EREAS, the owners of Lot 24 agree that a part of said 10-foot utility easement can be
relocated so that there will be a 5-foot utility easement which runs along the easterly boundary of
Lot 24 end a 5-foot utility easement which runs along the westerly boundary of Lot 23.
WHEREAS, the Utilities consent to the relocation of said 1 O-foot utility easement.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. The 10-foot utitky easement wkich currently runs along the westerly bom~dar.y o f Lot
23 shall be relocated so thai there is a 5-foot utility easement which runs along the easterly boundary
of Lot 24 and a 5~foot utility easement which runs along the w~sterly boundary of Lot 23.
2. The parties agree that this easement, as relocated herein, shall rmn with the land.
3. The patties agree that this agreement shall be binding upon their successors, assigns,
STEVEN PETERS
STATE OF IOWA )
) SS:
COUNr~J OF DUBUQU~ )
Onttfis ~& dayof '~ C/A/~-/ ,2001,beforeme, theundersigned, aNotaryPublic
in and for the said State. personally appeared Steven Peters, to me known to be the person named
in and who executed the foregoing instrument, and aclmowledge~[ that he executed the same as his
voluntary actanddeed. //~ ~-7,~ [~
Not~ Public in and for said/tate
[ £~. ~ -yfff ! ,~o, ! My Conuuission Expires:
STATE OF IOWA )
) SS:
COLrNTY OF DUBUQUE )
Ontl-fi~-~C~'dayof /~U'~/f~ ,2001,beforeme, theundersigned, aNotaryPublic
in and for the said State, personally appeared Linda Peters, to me known to be the person named
in and who executed the foregoing instrament, and acknowledged that she executed the same as her
voluntary act and deed.
Notar)/Pub~c in and for said ~te
M~/Commission Expires:
J~S PETERS ' -
STATE OF IOWA )
) SS:
COUNTY OF DUBUQUE )
On this ~ O~dday of ,J c/..o'~ ,2001, before me, the undersigned, a Notary Public
in and for the said State, personally appeared James Peters, to me known to be the person named
in and who executed the foregoing instrument, and acknowledged that he executed the stone as his
voluntary act and deed.
No¥'a~Public in and ~or said State
M¥Commission Expires:
PATRICIA PETERS
STATE OF IOWA )
) SS:
COUNTY OF DUBUQUE )
On this .~aday of 0 o' ,°'2- ,2001, before me, the undersigned, a Notary Public
in and for the said State, personally appeared Patrieia Peters, to me known to be the person named
in and Who exeeuted the foregoing instrument, and aj:lqaowledged thaJ she executed thy..~me as her
../
I .,,q'.. I.WVeSE-~:mM~ I ~W Commission Expires:
I ~al~% I co~.ss~ m. 14rs= I
I '~' I MYCO~'S~IONtDO:~IRE$ I
STAT~ OF IOWA )
) SS:
COUNTY OF DUBUQUE )
ALLIANT ENERGY
By
Onthis 2~'~z,~ dayof (~Z.L.¢ ~ ,200l,beforeme, theundersigned,aNotaryPublic
in and for the said State, persona~y appeared/2/,¢/_79//F~¢~ ,¢~ t/~ to me personally known, who
being duly swora, did say that he/!~e is the~-. ~ Exc./.~o ~. of Alliant Energy, the corporation
executing the w/thin and foregoing instrument; that said instrument was signed on behalf of the
corporation by authority of/ts Board of Directors; and that/z,¢,~ a~ o£ficcr acknowledged
the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it
and by him/her voluntarily executed.
STATE OF IOWA )
) SS:
COUNTY OF DUBUQUE )
Notary~ublic in,und for said State
My L:"6-'mmission Expires: 1 I- ~
PEOPLES NATURAL GAS
~/ ,Its
Onthis ~9- dayof (~,rJ._..4.. ,2001,beforeme, theundersigned, aNotaryPublic
in and for the said Stat~, persontCj~ app e,'~ed ~ · ~4; ~,¢'~ 0,4 v'c~oL to me personally known, who
being duly sworn, did say that h~ is thedo,*~, d.o-&~/i,q · of Peoples Natural Gas, *,.he
corporation executing the within and foregoing instrument; that said instrument was signed on behalf
of the corporation by authority of its Board of Directors; and that CL~,'~ k,~od?-&, as officer
acknowledged the execution of the foregoing ins. B~nent to be the voluntary act and deed of the
corporation, by it and by him/her voluntarily e~uted.
[ t~% [ RICHARD ~. WING a I Notary Public in~aud for said State (~ '
AT&T BROADBAND
STATE OF IOWA )
) SS;
COUNTY OF DUBUQUE )
Onthis ~fi/// dayof ~-t.lL~ ,,~00I,beforeme, theundersigned, aNotaryPublic
m uno for ,,he said State, personally appeared 2~f~tl-~',,~Pl~ to me personally known, who
being duly sworn, did say that he/she is the Ta~'.,F', (uoz',d~,~ie,c of AT&T Broadband. the
corporation executing the within and foregoing instrumen{;; that said inslrum~ent was signed on behalf
of the corporation by authority of its Board of Directors; and that ..~f'~,,~,4r~ as officer
acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the
corporation, by it and by him/her voluntarily executed, zC~f.,,~_--/~ ~
Notary Public in and for said State 0
My Commission Expires: //--_7 - ~dcL?
3
STATE OF IOWA )
) SSl
COUNTY OF ~ )
QWEST
Onthis ~g' dayof '~'~-y ,200t,beforeme, theundersigned, aNotaryPublic
in and for the s~e, personally atJpeared ~4A- RZ.~.~ {..0. ~,~/JA~af:~ o me personally known, who
being duly sworn, did say that he/she is the~rA~'/P-q-.~ AIg:~of Qwest, the corporation
executing the within and foregoing instrmnent; that said irmtrument was sizned on behalf of the
corporation by authority of its Board of Directors; and t h al~.~, I~fi ~,~--~?~ e e r acknowledged
the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it
and by him/her voluntarily executed., ~Z.¢~..-¢~ ~~
m'~ Not~y Public ~n and for said State
/,9-/~,--&~ My Commission Expires: /z:9 ~/'~ - tS?~
CITY OF DUBUQUE
By:
,Its
STATE OF IOWA )
) SSi
COUNTY OF DUBUQUE )
On tkis day of_ ,200 I, before me, the undersigne~l, a Notary Public
in and for the said State, personally appeared to me personally known, who
being duly sworn, did say that he/she is the of City of Dubuque, the
executing the within and foregoing instrament; that said instrument was signed on
behalf of the corporation by authority of ks Board of Directors; and that as officer
acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the
corporation, by it and by h/m~er voluntarily executed.
Notary Public in and for said State
My Colnmission Expires: