Vacate Public Utility Easement - 3507 Keystone Drive / J&K Real Estate_Pooh's Corner Copyrighted
May 21 , 2018
City of Dubuque Public Hearings # 9.
ITEM TITLE: Vacate Public Utility Easement-3507 Keystone Drive /
J&K Real Estate
SUMMARY: Proof of publication on notice of public hearing to consider
vacation of public utility easements on Lot 1 and 2 of
Pooh's Corner— J & K Real Estate Property at Key Way
Drive and Keystone Drive and the City Manager
recommending approval.
RESOLUTION Disposing of property by vacating City
interest in utility easements located on Lot 1 and 2 of
Pooh's Subdivision
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
J & K Real Estate Vacate Public Utility Easements-NNM City Manager Memo
Memo
Staff Memo Staff Memo
Resolution Resolutions
ExhibitA Supporting Documentation
Area Map Supporting Documentation
THE CITY OF Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacate Public Utility Easements on Lot 1 and 2 of Pooh's Corner — J & K
Real Estate Property at Key Way Dr. and Keystone Dr.
DATE: May 15, 2018
A request was received from Jason Meyer of J & K Real Estate LLC to vacate the public
utility easements across portions of Lot 1 and 2 of Pooh's Corner. J & K Real Estate
LLC plans to develop a multi-unit residential building over the existing public utility
easements on the lots. These easements were never used by the City or any public
utility company and are vacant.
City Engineer Gus Psihoyos is recommending City Council approval to vacate the public
utility easements on Lot 1 and 2 of Pooh's Corner, common address 3507 Keystone
Drive.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen �� �
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF DubUqu�»
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TO: Michael C. Van Milligen, City Mana er
FROM: Gus Psihoyos, City Engineer
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DATE: May 11, 2018
SUBJECT: Vacate Public Utility Easements on Lot 1 and 2 of Pooh's Corner— J & K Real
Estate Property at Key Way Dr. and Keystone Dr.
INTRODUCTION
This is in response to a request from Jason Meyer of J & K Real Estate LLC requesting the
vacating of a public utility easements across portions of Lot 1 and 2 of Pooh's Corner, common
address 3507 Keystone Drive, in the City of Dubuque, lowa.
BACKGROUND
J & K Real Estate LLC owns the property legally described as Lot 1 and 2 of Pooh's Corner at
the northwest corner of Key Way Drive and Keystone Drive. Public utility easements (8' wide
and 10' wide) were platted over portions of Lot 1 and 2 in Pooh's Corner according to Final
Plat of Key Knolls Subdivision recorded as file number 2517-72 in the office of the Dubuque
County Recorder. These utility easements were dedicated to the public for public utility
purposes. These easements as shown on the attached exhibits were never used by the City
or any public utility company and are vacant. J & K Real Estate LLC is planning to develop
Lots 2 of Pooh's Corner into a multi-unit residential use.
DISCUSSION
J & K Real Estate LLC is planning to develop said Lot 2 for a multi-unit residential use. The
proposed location for the residential building lies over the existing public utility easements on
the lots. J & K Real Estate LLC is petitioning to vacate the public utility easements across the
lots in order to facilitate the construction of the proposed residential building.
These easements as shown on the attached exhibits were never used by the City or any public
utility company and are vacant. Engineering Department staff has reviewed this request and
has determined that the existing public utility easements are not needed for City utilities. All
public utility easement owners have consented to the request for the vacation of the
easements. Alliant Energy consented to the request to vacate the easements after J & K Real
Estate LLC had granted Alliant a new electric utility easement along the north end of Lots 1
and 2 of Pooh's Corner.
1
Therefore, staff is recommending vacation of the public utility easements across Lots 1 and 2
of Pooh's Corner as indicated on the attached Exhibit.
RECOMMENDATION
I recommend that the City vacate all interest in the easements indicated on the attached
Exhibit A over Lot 1 and 2 of Pooh's Corner, in the City of Dubuque, lowa.
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolution vacating all interest in utility
easements located on Lot 1 and 2 of Pooh's Corner, in the City of Dubuque, lowa.
Prepared by Nate Kieffer, PLS
2
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-427
Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 156-18
DISPOSING OF PROPERTY BY VACATING CITY INTEREST IN UTILITY
EASEMENTS LOCATED ON LOT AND 2 OF POOH'S CORNER IN THE CITY OF
DUBUQUE, IOWA
Whereas, the City Council, by Resolution No. 130-18, dated the 7th day of May 2018,
declared its intent to dispose of City interest in utility easements on real property, legally
described as:
Lot 1 and 2 of Pooh's Corner in the City of Dubuque, Iowa, according to the
recorded plat thereof (the Property); and recorded as instrument 2018-00003513
with the Dubuque County Recorder; and
Whereas, public utility easements were platted over portions of Lot 1 and 2 in Pooh's
Corner according to Final Plat of Key Knolls Subdivision recorded as file number 2517-
72 in the office of the Dubuque County Recorder; and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on the 21st day of May, 2018 at 6:00 p.m. in the Historic Federal Rtillding, 350
W. 6th Street, Dubuque, Iowa; and
Whereas, it is the determination of the City Council that City interest in utility easements
at the Property as shown on the attached Exhibit A should be vacated and doing so is in
the public interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
Section 1. The City hereby vacates all interest in utility easements located at the
Property as shown on the attached Exhibit A.
Section 2. The City Clerk is hereby authorized to and directed to record this resolution
with the Dubuque County Recorder.
Passed, approved, and adopted this 21st day of May 2018.
Attest:
Kevin S. Firnstahl, bity Clerk
Roy D. uol, Mayor
Exhibit "A"
Vacation Hat of:
Existing 8' 84 10'
Public Utility. Easements, over and across Lot 1
and Lot 2 of Pooh's Corner
in the City of Dubuque, Iowa
LOT 1 BLOCK 128 OF
"KEY KNOLLS SUBDIVISION"
LEGEND
LOT 0 BLOCK 12 OF "KEY KNOLLS SUBDIVISION'
EXISTING PUBLIC UTILITY
EASEMENT TO BE VACATED
f
(HATCHED AREA)
EXISTING 8' PUBLLO
JiIUTY EASEMuVT
EXISTING 10' PUBLIC---'
UTILITY EASEMENT r.
LOT I OF POOH'S CORNER
kFys °A7 DR��
CSO' RO
PROPERTY LINE
RIGHT OF WAY UNE
____.... (1S11NG EASEMENT LINE
CENTERLINE
NOTES
LOT 2 OF POOH'S CORNER /
15' 30' 60'
SCALE: 1" = 30'
1. ALL 0EASUREN.ENTS ARE IN FEET AND DECIMALS 1HEREO2
2. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF 1E0000 AND NOT OF RE0ORD
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1011
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Doc ID 008824920004 Type GEN
Kind: RESOLUTION
Recorded: 05/24/2018 at 02:48:21 PM
Fee Amt: $22.00 Page 1 of 4
Dubuque County Iowa
John Murphy Recorder
F11e2018-00005630
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-427
Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 156-18
DISPOSING OF PROPERTY BY VACATING CITY INTEREST IN UTILITY
EASEMENTS LOCATED ON LOT AND 2 OF POOH'S CORNER IN THE CITY OF
DUBUQUE, IOWA
Whereas, the City Council, by Resolution No. 130-18, dated the 7th day of May 2018,
declared its intent to dispose of City interest in utility easements on real property, legally
described as:
Lot 1 and 2 of Pooh's Corner in the City of Dubuque, Iowa, according to the
recorded plat thereof (the Property); and recorded as instrument 2018-00003513
with the Dubuque County Recorder; and
Whereas, public utility easements were platted over portions of Lot 1 and 2 in Pooh's
Corner according to Final Plat of Key Knolls Subdivision recorded as file number 2517-
72 in the office of the Dubuque County Recorder; and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on the 21st day of May, 2018 at 6:00 p.m. in the Historic_ Federal Building, 350
W. 6th Street, Dubuque, Iowa; and
Whereas, it is the determination of the City Council that City interest in utility easements
at the Property as shown on the attached Exhibit A should be vacated and doing so is in
the public interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
Section 1. The City hereby vacates all interest in utility easements located at the
Property as shown on the attached Exhibit A.
2,20° C.,c, .i k._ 1 I s l v''
Section 2. The City Clerk is hereby authorized to and directed to record this resolution
with the Dubuque County Recorder.
Passed, approved, and adopted this 21st day of May 2018.
Attest:
Kevin S. Firnstahl, 1ty Clerk
Roy D.uol, Mayor
CERTIFICATE of tie CITY CLERK
STATE OF IOWA
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. 156-18 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 22nd day of May, 2018.
Kee in S. Firnstahl, CMC, City Clerk
Exhibit "A"
Vacation Dlat of:
Existing 8' & 10'
Public Utility Easements, over and across Lot 1
and Lot 2 of Pooh's Corner
in the City of Dubuque, Iowa
LOT 1 BLOCK 120 OF
"KEY KNOLLS SUB0MSION"
LEGEND
LOT 0 BLOCK 12 OF "KEY KNOLLS SUB0151510N'
EXISTING PUBLIC UTILITY
EASEMENT TO BE VACATED
(HATCHED AREA)
Os
' EX5i1NC 10' PUOLIC
UTILITY EASEMENT
LOT 1 OF P00H'S CORNER
keYsys oii QR``
Csp' ROW
PROPERTY LINE
_R0Y.; __ RIGHT OF WAY UNE
---- EXISTING EASEMENT LINE
- - - CENTERLINE
EXISTING E' E
IlTiiltt EASEMENT
NT
LOT 2 OF POOH'S CORNER
0' 15' 30'
SCALE: 1" = 30'
60'
NOTES
I. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THERE=.
2. THIS PLAT IS SUBJECT TO ALL EASEMENT; OF RECORD AND NOT OF RECORD.
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SHEET 1 OF 1
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: May 11, 2018, and for which the charge is $50.49.
3 2 e
Subscribed to before me a Notary Public in and for Dubuque County, Iowa,
this 43.2c2..xd' day of
,20 / .
Notary Public in and for Dubuque County, Iowa.
MARY KWESTERMEYER
Commission Number 154885
My Commission Exp. Feb. 1, 2020
CITY OF DUBUQUE,
IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is
hereby given that the
City Council of the City
of Dubuque, Iowa, will
I hold a public hearing
on the 21st day of May,
2018 at 6:00 p.m. in the
Historic Federal Build-
ing, 350 West 6th
Street, second floor,
Dubuque, Iowa, at
which meeting the City
Council proposes to
dispose of an interest
in the following de-
scribed real property
by vacate to S&K Real
Estate, LLC:
Lot 1 and 2 of Poohs
Corner in the City of
Dubuque, Dubuque
County, loWa, 'locally
known as 3507 Key-
stone Drive.
At the meeting, the
City Council will re- •
ceive oral and written
comments from any
resident or property
owner of 'said City to
the above action. Writ-
ten comments regard-
ing the above public
,hearing may be sub-
mitted to the City
Clerks Office, City Hall,
50 W. 13th Street, on,or
before said time of
public hearing.
Copies of supporting
documents for the pub-
lic hearings are on file
in the City Clerks Office '
and may be viewed
during normal working
hours.
Any visual- or hear-
ing-impaired persons
needing special assis-
tance or persons with
special • accessibility
needs should contact
the City Clerks Office
at (563) 589-4100 - or
TTY 563) 690-6678 at
least 48 hours prior to
the meeting.
Dated this llth day of
May 2018.
Kevin S. Firnstahl;
CMC, City Clerk
RESOLUTION
NO. 130-18 -
RESOLUTION OF IN-
TENT TO VACATE
AND DISPOSE OF
CITY INTEREST IN
PUBLIC - UTILITY
EASEMENTS OVER
AND ACROSS LOT 1
AND 2 OF POOHS
CORNER IN THE CITY
OF DUBUQUE, DUBU-
QUE COUNTY, IOWA
Whereas, J & K Real
Estate LLC is the cur-
rent owner of Lot 1 and
2 of Poohs Corner in
the City of Dubuque,
and
Whereas
pouunbty,liculotivvlitya;
easements were plat-
ted over portions of Lot
1 and 2 in Poohs Corner
according to Final Plat
of Key Knolls Subdivi-
sion recorded as file
number 2517-72 in the
office of the Dubuque
County Recorder; and
Whereas, J ,& K Real
Estate LLC is planning
,to develop Lots 2 of
Poohs Corner into a
multi -unit residential
use and whereas the
proposed location of
the residential building
(s) lies oyer said utility
, easements; and
' Whereas, Jason Meyer
on behalf of J & K Real
Estate ,LLC has peti-
tioned to vacate the
public " utility ease-
ments across portions
of said Lot 1 and 2 of
Poohs Corner in order
to facilitate the pro-
posed residential de-
velopment on Lot 2 of
Poohs Corner.
NOW -THEREFORE, BE
IT RESOLVED BY THE
CITY COUNCIL OF THE
CITY OF DUBUQUE,
IOWA:
Section 1. That the
City of Dubuque, in-
tends to vacate and
dispose of its interest
in -the public utility
easements across por-
tions of Lot 1 and 2 of
Poohs Corner in the
City of ,Dubuque,
Dubuque County, Iowa,
as shown on the at-
tached Exhibit
Section 2. That any
and all applicable pub-
lication and recording
fees are to be paid by
& K Real Estate LLC.
Section 3. That a pub-
lic hearing on the in-
tent
to vacate and
dispose of City interest
in the public Utility
easements across por-
tions of Lot 1 and 2 of
Poohs Corner in the
City of Dubuque,
Dubuque County, Iowa,
is hereby set for the
21st day of May, 2018,
at the Historic Federal
Building, 350 W. 6th
Street, Dubuque, lovva,
beginning at 6:00 p.m.;
and the City Clerk be
and is hereby autho-
rized and directed to
cause a notice of public
hearing on thaintentto,
vacate and dispose of
said interest to be pub-
lished in the manner as
•prescribed bylaw.
Passed, approved and
adopted this 7th day of
May 2018.
1 Roy D. Buol, Majior.
1 • Attest: Kevin S.
Firnstahl,
CMC, City Clerk
1t5/11 -