Request to Vacate - Sanitary Sewer Easement 3045 Indiana Subdivision Copyright 2014
City of Dubuque Items to be set for Public Hearing # 2.
ITEM TITLE: Request to Vacate - Sanitary Sewer Easement 3045 Indiana Court
SUMMARY: City Manager recommending that a public hearing be set for October 19,
2015, on the disposal of a sanitary sewer easement across Lot 1 of
Indiana Subdivision No. 2 in the City of Dubuque.
RESOLUTION Intent to Vacate and Dispose of City Interest in a Sanitary
Sewer Easement Over and Across Lot 1 of Indiance Subdivision No. 2 in
the City of Dubuque, Dubuque County, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public
Hearing for October 19, 2015
ATTACHMENTS:
Description Type
❑ Vacate Sanitary Sewer Easement at 3045 Indiana Court-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Resolution Resolutions
❑ Easement Vacate Exhibit Supporting Documentation
❑ Location Map Supporting Documentation
THE CITY OF Dubuque
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Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacate Sanitary Sewer Easement Lot 1 of Indiana Subdivision No. 2 —
Bakken Property at 3045 Indiana Court in Dubuque, Iowa
DATE: September 16, 2015
In 2009, the property owner of 3045 Indiana Court constructed a residential building
over a City sanitary sewer main and easement. In 2011, the City and the property
owner, Eric Bakken, executed an agreement by which the property owner would
relocate the sanitary sewer main away from the home and also grant the City a new
easement covering the new sewer location. The owner has relocated the sanitary
sewer main, granted the new easement and the new easement has been accepted by
the City. Per the agreement with the property owner, the City is required to vacate the
former easement area under the residence.
City Engineer Gus Psihoyos recommends that a public hearing be set for October 19,
2015, on the disposal of a sanitary sewer easement across Lot 1 of Indiana Subdivision
No. 2 in the City of Dubuque.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF Dubuque Engineering Department
��— Ali•AmencaCit9 50 W. 13`h Street
DDubuque,T B Er Iowa 52001
UB
111
Office(563)589-427()
Fax(563)589-4205
Masterpiece on the Mississippi 2012 www.cityofdubuque.org
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Vacate Sanitary Sewer Easement Lot 1 of Indiana Subdivision No. 2 — Bakken Property
at 3045 Indiana Ct. in Dubuque, Iowa
DATE: September 9, 2015
INTRODUCTION
This is in regards to an agreement between the property owner of 3045 Indiana Court and the City of
Dubuque which includes the vacating of a sanitary sewer easement across Lot 1 of Indiana Subdivision
No. 2 in the City of Dubuque, Iowa.
DISCUSSION
In 2009, the property owner of 3045 Indiana Court had constructed a residential building over a city
sanitary sewer main and easement. In 2011, the City and the property owner, Eric Bakken, executed
an agreement by which the property owner would relocate the sanitary sewer main away from the
home and also grant the City a new easement covering the new sewer location. The owner has
relocated the sanitary sewer main and has granted the new easement. The new easement has been
accepted by the City. Per the agreement with the property owner, the City is required to vacate the
former easement area under the residence.
The exhibit attached to the resolution shows the portion of the original sanitary sewer easement area
proposed to be vacated over and across Lot 1 of Indiana Subdivision No. 2 in the City of Dubuque.
RECOMMENDATION
I would recommend that the portion of the original sanitary sewer easement over Lot 1 of Indiana
Subdivision No. 2 in the City of Dubuque 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 subject area on October 19, 2015.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and a public hearing should be set for
October 19, 2015 on the disposal of the easement through adoption of the enclosed resolution.
Prepared by Nate Kieffer, PLS
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Kevin S. Firnstahl City Clerk, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 323-15
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST
IN A SANITARY SEWER EASEMENT OVER AND ACROSS LOT 1 OF
INDIANA SUBDIVISION NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA
Whereas, Eric M. Bakken is the current owner of Lot 1 of Indiana
Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa; and
. Whereas, a sanitary sewer easement was created over Lot 1 of Indiana
Subdivision No. 2 according to the Final Plat of Indiana Subdivision recorded as
file number 2005-00015775 in the office of the Dubuque County Recorder and
per City of Dubuque Resolution Number 341-05; and
Whereas, in 2009 Bakken had constructed a residential building over the
city sanitary sewer main and easement; and
Whereas, in 2011 the City and the property owner executed an agreement
by which the property owner would relocate the sanitary sewer main away from
the residence and grant the City a new easement covering the new sewer
location; and
Whereas, the property owner has relocated the sanitary sewer main and
has granted the new easement.
Whereas, per the agreement with Bakken, the City is responsible for
vacating the former easement area under Bakken's residence.
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 sanitary sewer easement across said Lot 1 of Indiana Subdivision
No. 2 in the City of Dubuque, Dubuque County, Iowa, as shown on the attached
Exhibit.
Section 2. That the City Clerk be and is hereby authorized and directed to
cause a notice of intent to dispose of said interest to be published in the manner
as prescribed by law.
Passed, approved and adopted this 21st day of September, 2015.
nn V. Sutton, Mayor Pro -Tern
Attest:
Kevi . Firnstahl, C lerk
EASEMENT VACATE EXHIBIT
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