Request to Vacate - Sanitary Sewer Easement 3045 Indiana Court_BakkenCopyright 2014
City of Dubuque Public Hearings # 4.
ITEM TITLE: Request to Vacate - Sanitary Sewer Easement 3045 Indiana Court
SUMMARY: Proof of publication on notice of public hearing to consider disposal of a
sanitary sewer easement across Lot 1 of Indiana Subdivision No. 2 in the
City of Dubuque, 3045 Indiana Court, and the City Manager
recommending approval.
RESOLUTION Disposing of City interest in a portion of a Sanitary Sewer
Easement over and across Lot 1 of Indiana Subdivision No. 2 in the City of
Dubuque, Dubuque County, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ 3045 Indiana Court Sanitary Sewer Vacate -MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
E Resolution Resolutions
❑ Release of Easement Resolutions
❑ Easement Vacate Exhibit Supporting Documentation
E Location Map Supporting Documentation
E Proof of Publication Supporting Documentation
THE CITY OF
Dui
Masterpiece on the Mississippi
Dubuque
band
AI -America City
r
2007 • 2012 • 2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacate Sanitary Sewer Easement over Lot 1 of Indiana Subdivision No. 2
— Bakken Property at 3045 Indiana Court in Dubuque, Iowa
DATE: October 12, 2015
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 and the new easement has been
accepted by the City.
City Engineer Gus Psihoyos recommends City Council approval of a Resolution
vacating a portion of a sanitary sewer easement across 3045 Indiana Court.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Ws,
Mic ael 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
Dubuque
THE CITY OF bawl
DUB� H All -America City
Masterpiece on the Mississippi 2012
Engineering Department
50 W. 13`h Street
Dubuque, Iowa 52001
Office (563) 589-4270
Fax (563) 589-4205
www.cityofdubuque.org
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Vacate Sanitary Sewer Easement over Lot 1 of Indiana Subdivision No. 2 — Bakken
Property at 3045 Indiana Ct. in Dubuque, Iowa
DATE: October 7, 2015
INTRODUCTION
This is in response to a request by Eric M. Bakken for the vacating of a portion 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.
ACTION TO BE TAKEN
I respectfully request approval of the attached Resolution vacating a portion of said easement and
authorizing the Mayor to execute and deliver the attached Release of Easement to Eric M. Bakken.
Prepared by Nate Kieffer, PLS
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Returned to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 370-15
RESOLUTION DISPOSING OF CITY INTEREST IN A PORTION OF A SANITARY
SEWER EASEMENT OVER AND ACROSS LOT 1 OF INDIANA SUBDIVISION NO. 2
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 the 25th day of September, 2015, the City
Council of the City of Dubuque, Iowa met on the 19th day of October, 2015, at 6:30 p.m.
in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, to consider the
disposal of City interest in a portion of a sanitary sewer easement over and across real
estate as shown on the attached exhibit labelled "Easement Vacate Exhibit" and
described as:
Lot 1 of Indiana Subdivision No. 2 in the City of Dubuque, Iowa
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all
objections, oral or written to the proposal to dispose of City interest in said easement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the release of City of Dubuque interest in a portion of the sanitary
sewer easement across said Lot 1 of Indiana Subdivision No. 2 in the City of Dubuque,
Iowa, to Eric M. Bakken.
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 Eric M. Bakken.
Section 3. That the City Clerk be and is hereby authorized and directed to record
a certified copy of this resolution and Release of Easement in the offices of the City
Assessor, Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 19th day of October, 2015.
Attest:
Kevin S. Firnsta I CI IG, City Clerk
oy D. Buol, Mayor
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. 13th Street, Dubuque, IA 52001 (563) 589-4270
RELEASE OF EASEMENT
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, for good and valuable consideration, the undersigned, City
of Dubuque, Iowa, does hereby forever release, vacate, abandon and discharge a
portion of the sanitary sewer easement across Lot 1 of Indiana Subdivision No. 2 in the
City of Dubuque, Dubuque County, Iowa as shown on the attached Easement Vacate
Exhibit to Eric M. Bakken.
Passed, approved and adopted this 19th day of October, 015
Roy D. Buol, Mayor
Attest:
Kevin S. FTrnstahl CMC, Oily/Clerk
w
EXISTING 20' WIDE
SANITARY SEWER
EASEMENT
i
1`°
EASEMENT VACATE EXHIBIT
3045 INDIANA CT.
LOT 1 INDIANA SUBDIVISION NO.2
i
LOT 1 INDIANA SUBDIVISION NO.2
EXIST. RESIDENCE eo
EASEMENT AREA
TO BE VACATED
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wrei‘‘1441tiro:•3045 ric
1
1
RETAIN EASEMENT
I
0)
a3
PROPOSED SEWER
LOT 1-2 INDIANA SUBDIVISION NO.2
•
•
INDIANA CT.
NEW SANITARY SEWER
EASEMENT AREA
I
I
0 10' 20' 40'
SCALE 1" = 20' FEET
= VACATE EASEMENT Dubuque CITY OF DUBUQUE
ENGINEERING DEPARTMENT
CITY HALL, 50 WEST 13th STREET
DUBUQUE, IA 52001-4864
= RETAIN EASEMENT i j PHONE (663) 689-4270 FAX (683) 689-4206
- I I Ltaen®r PM( I App ved®r rax I mem
VACATE EXHIBIT
-NEW EASEMENT 3045 INDIANA CT.
2007 C.I.P. Number. 1 Sheet Writer.. 5
THE CITY OF
Dur
Masterpiece on the Mississippi
LOCATION MAP
DAG IS
DUBUQUE AREA C....WC INFCaMATION
DISCLAIMER: This Information was compiled
sing the Dubuque Area Geographic Information System
(DAGIS), which Includes data created by both the City of
Dubuque and Dubuque County. It Is understood that, while
the City of Dubuque and participating agencies utilized the
most current and accurate Information available, DAGIS and
It's suppliers do not warrant the accuracy or currency of the
Information or data contained herein. The City and participating
agencies shall not be held cable for any direct, Indirect, Incidental,
unnsmquential, punitive, orspecial damages, whether foreseeable or
foreseeable, arising out of the authorized or unauthorized use of
this data or the Inability to use this data or out of any breach of
warranty whatsoever.
30
1 inch = 30 feet
15
0
30 Feet
W E
Map Prepared by:
City of Dubuque
Engineering Division
50 West 13th Street
Dubuque, Iowa 52001
Phone: (563) 589-4270
Fax: (563) 589-4205
CITY OF DUBUQUE,
IOWA
OFFICIAL NOTICE
PUBLIC NOTICE. is
hereby given that the
City Council of the City
of Dubuque, Iowa, will
hold a public hearing
on the 19th day of
October, 2015 at 6:30
p.m. in the Historic
Federal Building, 350
W, 6th Street, second
floor, Dubuque= Iowa,
at which meeting the
City Council proposes
to dispose of an
interest in the fol-
lowing described real
property:
Lot ,1 of Indiana
Subdivision No. 2 in the
City of Dubuque,
Dubuque County, Iowa
At the meeting, the
City Council will
receive oral and writ-
ten _ comments from
any resident or 'pro-
perty owner of said
City to the above
action. Written com-
ments ' regarding the
above public hearing
may be submitted to
the. City Clerk's Office,
City Hall, 50 W. 13th
Street, on or 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 during normal
working hours.
Any visual or hearing
-impaired persons need-
ing special assistance
or persons with special
accessibility . needs I.
should contact the City
Clerk's Office at (563)
589-4100 or TTY 563)
690-6678 at least 48
hours prior to the
meeting.
Dated this 9th day of
October, 2015.
Kevin S. Firnstahl,
CMC'City Clerk
RESOLUTION
NO. 323-15
hESOLUTION OF
INTENT TO VACATE
AND DISPOSE OF
CITY INTEREST IN A
SANITARY SEWER
EASEMENT ,OVER
AND ACROSS LOT
OF INDIANCE SUBDI-
VISION NO. 2 IN THE
CITY OF DUBUQUE,
DUBUQUE. COUNTY,
I
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 Sub-
division 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 construct-
ed a residential
building over the city 11
sanitary sewer main
and easement; apd
Whereas, in 2011 the
City and the property
owner executed an
agreement by which
theproperty owner
would relocate the
sanitary, sewer main
away.. from the resi-
dence 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 ease-
ment.
Whereas, per the
agreement with • Bak-
ken, the City is re=
sponsible 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 Sub-
division No. 2 in the
City of Dubuque, Dubu-
que 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.
Lynn V. Sutton,
Mayor Pro -Tem
Attest: Kevin S.
Firnstahl, City Clerk
It 10/9
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, 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: October 09, 2015, and for which the charge is $46.21.
Subscribed to before me, notary Public in and for Dubuque County, Iowa,
this q$ day of
,20/5 .
THE CITY OF
DUB
City Clerk's Office
Dubuque City Hall
batil 50 W. 13th Street
E A9 -America City Dubuque, IA 52001-4864
�' I I'� (563) 589-4120 office
(563) 589-0890 fax
ctyclerk@cityofdubuque.org
www.cityofdubuque.org
Masterpiece on the Mississippi 2007.2012.2013
Mr. Eric Bakken
3045 Indiana Court
Dubuque, IA 52001
Dear Mr. Bakken,
November 4, 2015
Enclosed for your files the original Release of Easement and a certified copy of
Resolution No. 370-15 associated with part of Lot 1 of Indiana Subdivision No. 2.
All documents have been recorded with the Dubuque County Recorder's Office. The
City Engineer's Office and the City Clerk's Office will maintain copies in their files.
Please contact me if you have any questions.
Thank you.
Kevin S. Firnstahl, CMC
City Clerk
cc: Nate Kieffer, City Surveyor
iNNVII'I IIIIIIIIIWVIW IIIIIIYIIIIaIYI'N
Doc ID 008334880006 Type GEN
Kind: RELEASE OF EASEMENT
Recorded: 10/22/2015 at 01:10:53 PM
Fee Amt: $32.00 Paqe 1 of 6
Dubuque County Iowa
John Murphy Recorder
F11e2015-00013623
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13`h Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RELEASE OF EASEMENT
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, for good and valuable consideration, the undersigned, City
of Dubuque, Iowa, does hereby forever release, vacate, abandon and discharge a
portion of the sanitary sewer easement across Lot 1 of Indiana Subdivision No. 2 in the
City of Dubuque, Dubuque County, Iowa as shown on the attached Easement Vacate
Exhibit to Eric M. Bakken.
Passed, approved and adopted this 19th day of October, X015
Attest:
Kevin S. F nstahl CMC, y Clerk
D �.0
Roy D. Buol, Mayor
2,>
w
EXISTING 20' WIDE
SANITARY SEWER
EASEMENT
EASEMENT VACATE EXHIBIT
3045 INDIANA CT.
LOT 1 INDIANA SUBDIVISION NO.2
LOT 1 INDIANA SUBDIVISION NO.2
EXIST. RESIDENCE
EASEMENT AREA
TO BE VACATED
U
0)
N
RETAIN EASEMENT
3045
76.19'
INDIANA CT.
NEW SANITARY SEWER
EASEMENT AREA
1
1
1
1
PROPOSED SEWER
LOT 1-2 INDIANA SUBDIVISION NO.2
= VACATE EASEMENT
= RETAIN EASEMENT
= NEW EASEMENT
NOR
0 10' 20' 40'
SCALE 1" = 20' FEET
Dubuque
AII-AmericaCily
'1111'
2007
CITY OF DUBUQUE
ENGINEERING DEPARTMENT
CITY HALL, 50 WEST 13th STREET
DUBUQUE, IA 52001-4864
PHONE (563) 589-4270 FAX (563) 589-4205
Drawn By RNK
Approved By. RNK 1 Date: 09/09/2015
EASEMENT VACATE EXHIBIT
3045 INDIANA CT.
C.I.P. Number.
Sheet Number. of
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Returned to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 370-15
RESOLUTION DISPOSING OF CITY INTEREST IN A PORTION OF A SANITARY
SEWER EASEMENT OVER AND ACROSS LOT 1 OF INDIANA SUBDIVISION NO. 2
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 the 25th day of September, 2015, the City
Council of the City of Dubuque, Iowa met on the 19th day of October, 2015, at 6:30 p.m.
in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, to consider the
disposal of City interest in a portion of a sanitary sewer easement over and across real
estate as shown on the attached exhibit labelled "Easement Vacate Exhibit" and
described as:
Lot 1 of Indiana Subdivision No. 2 in the City of Dubuque, Iowa
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all
objections, oral or written to the proposal to dispose of City interest in said easement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the release of City of Dubuque interest in a portion of the sanitary
sewer easement across said Lot 1 of Indiana Subdivision No. 2 in the City of Dubuque,
Iowa, to Eric M. Bakken.
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 Eric M. Bakken.
Section 3. That the City Clerk be and is hereby authorized and directed to record
a certified copy of this resolution and Release of Easement in the offices of the City
Assessor, Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 19th day of October,
2015.
im
Attest:
koy D. Buol, Mayor
STATE OF IOWA
CERTIFICATE of the CITY CLERK
) SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, 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. 370-15 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 19th day of October, 2015.
Kevin Si. Firnstahl, Iae pity Clerk