Shady Oaks St. Sewer VacateMEMORANDUM
September 23, 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.
Public Works Director Mike Koch states that the City does not have a need for the
subject storm sewer easement since the old storm sewer has been relocated and
recommends approval of the request to vacate.
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
September 23, 2002
TO:Michael C. Van Milligen, City Manager
FROM:Michael A. Koch, Public Works Director
SUBJECT:Vacating Petition - Storm Sewers
INTRODUCTION
A request has been received from Ed Tschiggfde to vacate a 20-foot Wide storm
sewer easement on Lot 36 of Shady Oaks in the City of Dubuque, Dubuque
County, Iowa.
DISCUSSION
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.
The City no longer has a need for the storm sewer easement since the old storm
sewer has been relocated. A new plat has already been approved granting the
City a new storm sewer easement along the southerly property line of Lot 36.
RECOMMENDATION
I recommend that the 20-foot wide storm sewer easement on Lot 36 of Shady
Oaks Subdivision in the City of Dubuque, Dubuque County, Iowa, be vacated.
MAK/vjd
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO. 541-02
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
hearing, published in the Telegraph Herald, a newspaper of general circulation
published in the City of Dubuque, Iowa on this 27th day of September' , 2002,
the City Council of the City of Dubuque, Iowa met on the 7th day of
October ,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
7th
day of 0ctober, 2002.
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 7th day of October 2002.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
EXHIBIT "A"
EASEMENT VACATION
LOT ,56 - SHADY OAKS SUBDIVISION
IN THE CiTY OF DUBUQUE, IOWA
SHADY OAKS
DRIVE
LOT 36
LOT 37
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 free
consent and in accordance w/th the des/re of the undersigned owners and proprietors of said real estate.
By ~ ~ 00~ ~o~>
State of Iowa ) [0LAD ~
Court .ty of
On this [~ 4~ day of ~,m )r , A.D. 20 O~ before mc, a Not~ Public in md for said
state, person~iy appe~ed ~i ~ ~.
to me ~o~ ro be the personsfim~ ~ ~d w~ cx~cuted ~e foregn~g ~s~em, md ac~oMedged
~t ~ey execmed ~e sine as tnek vol~ a~t and ~ed.
[~ ~ ICommlssio¢ ~umbsr 1804071 ~ Public in ~e State of Io-~
My Co~ssion Em~es ~
Cfi5r COUNCIL.
Dubuque, Iowa ,20__
The undersigned, Mayor mud Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing
Exhibit "A" as appem:s on Sheet 1 of 2 hereof has been filed in the office of the Clerk of the City- of
Dubuque, and that by Res61ufion No. the Dubuque City Council approved said vacation.
Terrance M. Duggen
Mayor of the City of Dubuque
Jeanne F. Schneider
Clerk of the CiW of Dubuque
MEMORANDUM
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 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. (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 headng 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.LS.
RESOLUTION NO.
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-foot 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 day of ,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) 589-4270
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 circulation
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 day of ,
2002.
Attest:
Jeanne F. Schneider, CMC, City Clerk
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 [he 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 day of
2002.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC City Clerk
$EP-16-02 MON 04~13 PM TELEGRAPH HERRLD ADS FP,,X NO, 5885782 P, 02/08
GITY OF DUBUQUE, IOWA
OFFICIAL
NOTICE Is hereby given ii,at
~ha City Council of Duhuei~.e
Iowa, will ceaduc~t a
hearing aT a meeting to c0n~
monte at 6:31] p,m.~ On the 7th
day of October, 2002, in the
Public Library Audi~orTum, 360
West 11th Street, to consider
disposTng of City Tnterast and
WcaTe a twenty foot wldo
storm sawer easement over
Lot ~6 of shady Oaks Tn the
City of OubuO~.~ DubUqUe
County, Iowa at tho request of
Ed Tschlggfl'fe. (Oopy of
supp. mting document~ are on
fie in the City Cl~k'a
and may be viewed cluing
working hours.)
Written comments regarding
.dispo~ of said property may
ne suemltted to the
Clerk's Olti~:~ on or before
t~me of .p~J. bllc hearing.
At .sad time and pTace
public hearing ail interested
cilizer~s and parties will be
given an oppor~unlty to be
heard for or against dispa$1eg
of said prop.arty, . . ·
Any visual or neanng ,'~-
p.a. bed persons need ng
¢ial assistance or l~.rsens w th
special ac~assil~ilily needs
should contact '~e_Ci_~ Clerk's
Office al. (563) 58941120
TDD (563) 690-66;'8 at )eas~
48 hours prior to the meeting.
Published by order of the City
Council glvetl on the 161h day
of September, 2002,
Jeanne F. Schneider, CMO
City cl~k
1 t 9/27
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
NOTICE is hereby given that the City Council of Dubuque., Iowa, will conduct a public
hearing at a meeting to commence at 6:30 p.m., on the 7th day of October, 2002, in the
Public Library Auditorium, 360 West 11th Street, to consider disposing of City interest
and vacate a twenty foot wide storm sewer easement over Lot 36 of Shady Oaks In the
City of Dubuque, Dubuque County, Iowa at the request of Ed Tschiggfrie. (Copy of
supporting documents are on file in the City Clerk's Office and may be viewed during
working hours.)
Written comments regarding disposal of said property may be submitted to the City
Clerk's Office on or before time of public hearing.
At said time and place of public hearing, all interested citizens and parties will be given
an opportunity to be heard for or against disposing of said property.
Any visual or hearing impaired persons needing special assistance or persons with
special accessibility needs should contact the City Clerk's Office at (563) 589-4120 or
TDD (563) 690-6678 at least 48 hours pdor to the meeting.
Published by order of the City Council given on the 16t~ day of September, 2002.
Jeanne F. Schneider, CMC
City Clerk
It 9/27