Shady Oaks Storm Sewer TschiggfMEMORANDUM
September 10, 2002
TO:The Honorable Mayor and City Council Members
FROM:Michael C. Van Milligen, City Manager
SUBJECT:Vacating Petition - Storm Sewers
A request was received from Ed Tschiggfrie for the vacating of a 20-foot wide storm
sewer easement on Lot 36 of Shady Oaks in the City of Dubuque, iowa.
Michael D. Steele is the owner of Lot 36 of Shady Oaks Subdivision in the City of
Dubuque, Iowa. Lot 36 was recently replatted as a result of combining three smaller
lots (Lots 21, 22, and 23 of Shady Oaks Subdivision) into two lots (Lots 36 and 37) in
order to provide a larger buildable area. The storm sewer that had been located
between Lots 22 and 23 has been relocated and a new 20-foot easement established
and recorded along the southerly line of Lot 36.
Public Works Director Mike Koch states that the City does not have a need for the
subject storm sewer easement since the existing storm sewer has been relocated,
recommends approval of the request to vacate, and that a public hearing be set for
October 7, 2002.
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
TO:Michael C. Van Milligen, City Manager
FROM:Michael A. Koch, Public Works Director
SUBJECT:Vacating Petition - Storm Sewers
CITY OF DUBUQUE, IOWA
MEMORANDUM
September 9, 2002
INTRODUCTION
This is in response to a request from Ed Tschiggfrie for the vacating of a 20-foot
wide storm sewer easement on Lot 36 of Shady Oaks in the City of Dubuque,
Iowa.
DISCUSSION
The attached Exhibit A shows the area of the proposed 20-foot wide storm sewer
easement to be vacated. The property is owned by Michael D. Steele.
Michael D. Steele is the owner of Lot 36 of Shady Oaks Subdivision in the City of
Dubuque, Iowa. Lot 36 was recently replatted as a result of combining three
smaller lots (Lots 21, 22, and 23 of Shady Oaks Subdivision) into two lots (Lots
36 and 37) in order to provide a larger buiidable area. The storm sewer that had
been located between Lots 22 and 23 has been relocated and a new 20-foot
easement established and recorded along the southerly line of Lot 36. (See plat
recorded as Instrument No. 9791-02.)
RECOMMENDATION
The City does not have a need for the subject storm sewer easement since the
existing storm sewer has been relocated, 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
October 7, 2002. A new plat has already been approved granting the City a new
storm sewer easement in the relocated position.
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.
RESOLUTION NO, 499-02
RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND VACATE
STORM SEWER EASEMENT OVER LOT 36 OF SHADY OAKS SUBDIVISION
IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Michael D. Steele is the current owner of Lot 36 of Shady Oaks
Subdivision; and
Whereas, a 20-feet wide storm sewer easement is currently platted on
said lot; and
Whereas, Michael D. Steele has petitioned to vacate the easement in said
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 a 20-foot wide storm sewer easement over Lot 36 of Shady Oaks
Subdivision in the City of Dubuque, as showed 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 and adopted this 16th day of September, 2002.
Terrance M. Duggan, Mayor
Attest:
'Jeanne F. Schneider, CMC, City Clerk
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-42'70
RESOLUTION NO.
RESOLUTION DISPOSING OF INTEREST AND VACATE A 20-FOOT
WIDE STORM SEWER EASEMENT OVER LOT 36 OF SHADY OAKS
SUBDIVISION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, pursuant to resolution and published notice of time and place of
headng, published in the Telegraph Herald, a newspaper of general cimulation
published in the City of Dubuque, Iowa on this __ day of ., 2002,
the City Council of the City of Dubuque, iowa met on the day of
., 2002, at 6:30 p.m. in the Public Library Auditorium, 360 West 11
Street, Dubuque, Dubuque County, Iowa to consider the proposal for the release
of real estate described as:
A 20-foot wide storm sewer easement on Lot 36 of Shady Oaks
Subdivision 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 a 20-foot wide storm sewer
easement on Lot 36 of Shady Oaks Subdivision 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 Michael D. Steele 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 offices of the City Assessor,
Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this
2002.
Attest:
Jeanne F. Schneider, CMC, City Clerk
day of ,
Terrance M. Duggan, Mayor
RELEASE OF EASEMENT
WHEREAS, the plat of Shady Oaks Subdivision in the City of Dubuque,
Iowa, was filed in the office of the Recorder of Dubuque County, Iowa, as
Instrument No. 1412-95; and
WHEREAS, by said plat, the proprietors dedicated to the public a storm
sewer easement along the property lines between Lots 22 and Lot 23 of Shady
Oaks Subdivision in the City of Dubuque, Iowa, which a 20-foot wide storm sewer
easement is set forth and appears on said plat; and
WHEREAS, by the actual location of storm sewer shown on said plat, the
storm sewer easement between Lots 22 and 23 of Shady Oaks Subdivision as
shown on attached Exhibit A is no longer required; and
NOW, THEREFORE, for valuable consideration, the undersigned, City of
Dubuque, Iowa, does hereby forever release, vacate, abandon and discharge the
storm sewer easement between Lots 22 and 23 of Shady Oaks Subdivision in
the City of Dubuque, Iowa, as shown upon the plat of Shady Oaks Subdivision in
the City of Dubuque, Iowa, and filed as Instrument No. 1412-95 in the office of
the Recorder of Dubuque County, Iowa; however, this Release in no way
releases, vacates, abandons or discharges any other easement shown on the
plat of Shady Oaks Subdivision in the City of Dubuque, Iowa, filed in the office of
the Recorder of Dubuque County, Iowa, as Instrument No. 1412-95.
Passed, approved and adopted this
2002.
day of
Attest:
Terrance M. Duggan, Mayor
Jeanne F. Schneider, CMC, City Clerk
LEGEND
TO BE VACATED
EXHIBIT "A"
EASEMENT VACATION
LOT 56 - SHADY OAKS SUBDWISlON
N THE CITY OF DUBUQUE, IOWA
SHADY OAKS
~o~'s~'~'w) DRIVE
LOT ,56
_OT 57
OWNER'S CONSENT
Page 2 of 2
Dubuque, Iowa
The foregoing vacation of an existing 20 foot wide storm sewer easement located on Lot 36 in Shady
Oaks Subdivision in the City of Dubuque, Iowa, as shown on attached Exhibit "A" is made with flee
consent and in accordance with the desire of the undersigned owners and proprietors of said real estate.
!
State of Iowa ) /.0OU Ox
County of )
Onthis [~42., dayof (Lx_O*~..-3~ ,A.D. 20 0~-, before me, a Notary Public in and for said
state, personally appeared PcJ ~ b. ~(~
to me known to be the persons named in and wl~ ex~uted the foregnmg instrument, and acknowledged
that they executed the same as their voluntaryapand {~eed. '
[-'z~- I m .io. umber 180407 [ ~ Public in the State of Iowa
t I I
My Commission Expires -'~ - J W - 0 ~
CITY COUNCIL
Dubuque, Iowa
,20__
The undersigned, Mayor and Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing
Exhibit "A" as appears on Sheet I of 2 hereof has been filed in the office of the Clerk of the City of
Dubuque, and that by ResOlution No. the Dubuque City Council approved said vacation.
Terrance M. Duggan
Mayor of the City of Dubuque
Jeanne F. Schneider
Clerk of the City of Dubuque