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Vacate Public Utility Easements for Plaza Court / 1590 Curtis Street_White_Hearing Copyrighted July 15, 2019 City of Dubuque Public Hearings # 3. ITEM TITLE: Vacate Public Utility Easements for Plaza Court/ 1590 Curtis Street SUMMARY: Proof of publication on notice of public hearing to consider disposal of a public utility easement across a portion of Lot 3 of Plaza Court, common address 1590 Curtis Street, and the City Manager recommending approval. RESOLUTION Disposing of propertybyvacating City interest in Utility Easements located on Lot 3 of Plaza Court in the City of Dubuque, lowa SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt Resolution(s) ATTACHMENTS: Description Type Vacate Public Utility Easement at 1590 Curtis Street- City Manager Memo MVM Memo Staff Memo Staff Memo Resolution Resolutions ExhibitA Supporting Documentation Area Map Supporting Documentation Dubuque THE CITY OF � uI�AaMca cih DuB E � � I � � I Maste iece on the Mississi i Zoo�•zoiz•zois YP pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Vacate Public Utility Easements on Lot 3 of Plaza Court Kimberly L. Belton Property at 1590 Curtis Street DATE: July 10, 2019 In response to a request from Kimberly L. Belton and Michael J. and Julie A. White to vacate a public utility easement across a portion of Lot 3 of Plaza Court, common address 1590 Curtis Street, City Engineer Gus Psihoyos states that the utility easement was dedicated to the public for public utility purposes but was never used by the City or any public utility company and is vacant. Engineering Department staff has reviewed this request and determined that the existing public utility easement is not needed for City utilities and all public utility easement owners have consented to the request for vacation of the easement. City Engineer Gus Psihoyos recommends approval of the request to vacate the public utility easements across 1590 Curtis Street. I concur with the recommendation and respectfully request Mayor and City Council approval. v 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 Dubuque � A�•A�Piq Bdis' � �.✓ � � •;.�_,,::;�:�� r ��•# Maste iece on the Mississi i �'`�°12 �' pp wi3�aui� TO: Michael C. Van Milligen, City Mana er FR M: ih i E in r � O Gus Ps oyos, C ty ng ee DATE: July 2, 2019 SUBJECT: Vacate Public Utility Easements on Lot 3 of Plaza Court— Kimberly L. Belton Property at 1590 Curtis St INTRODUCTION This is in response to a request from Kimberly L. Belton and Michael J. and Julie A. White requesting the vacating of a public utility easement across a portion of Lot 3 of Plaza Court, common address 1590 Curtis Street, in the City of Dubuque, lowa. BACKGROUND Kimberly L. Belton owns the property legally described as Lot 3 Plaza Court at the west end of Curtis Street. A public utility easement (8' wide) was platted over a portion of Lot 3 of Plaza Court according to Final Plat of Plaza Court recorded in Plat Book 25, Page 252, in the office of the Dubuque County Recorder. This utility easement was dedicated to the public for public utility purposes. The PasemPnt as sh�wn on the attach�d exhibit was n�ver used by the City or any public utility company and is vacant. The Belton's anc� White's are planning to replat their respective lots and make property improvements in the area of the easement. DISCUSSION The Belton's and White's are planning to replat their respective lots and make property improvements. The White's are planning to construct a detached garage over the existing easement area. The proposed location for the improvements and replatting lies over the existing public utility easement on the lot. The property owners are petitioning to vacate the public utility easement across the lots in order to facilitate the replatting and the construction of the proposed improvements. The easement as shown on the attached exhibit was never used by the City or any public utility company and is vacant. Engineering Department staff has reviewed this request and has determined that the existing public utility easement is not needed for City utilities. All public utility easement owners have consented to the request for the vacation of the easements. Therefore, staff is recommending vacation of the public utility easement across Lots 3 of Plaza Court as indicated on the attached Exhibit. 1 RECOMMENDATION I recommend that the City vacate all interest in the easements indicated on the attached Exhibit A over Lot 3 of Flaza Court, 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 3 of Plaza Court, 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) 589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 264-19 DISPOSING OF PROPERTY BY VACATING CITY INTEREST IN UTILITY EASEMENTS LOCATED ON LOT 3 OF PLAZA COURT, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 248-19, dated the 1st day of July 2019, declared its intent to dispose of City interest in utility easements on real property, legally described as: Lot 3 of Plaza Court in the City of Dubuque, Iowa, according to the recorded plat thereof (the Property); and Whereas, public utility easements were platted over portions of Lot 3 in Plaza Court according to Final Plat of Plaza Court Subdivision recorded on Plat Book 25 Page 252 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 15th day of July 2019 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 the 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 E CIT Y 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 15th day of July 2019. Attest: K- in S. Firns ahl, City Clerk oy D. Buol, Mayor EXHIBIT "A" FOR THE VACATION OF 8' WIDE PUBLIC UTILITY EASEMENT ACROSS LOT 3 OF PLAZA COURT SUBDIVISION IN THE CITY OF DUBUQUE, IOWA THIS IS AN ASSUMED BEARING FOR THE PURPOSES OF THIS SURVEY ONLY. LOT 1 KERN-SCHMITZ SUBDIVISION IP T ON NO SCAP des NOTE 4k a THE HATCHED AREA REPRESENTS THE PORTION OF THE PUBLIC UTILITY EASEMENT TO BE VACATED. THE 8' WIDE PUBLIC UTILITY ESAEMENT WAS CREATED AS PART OF THE SUBDIVISION PLAT FOR PLAZA COURT. THIS DOCUMENT WAS FILED AUGUST 16, 1958, IN BOOK 25, PAGE 252 WITH THE DUBUQUE COUNTY RECORDER'S OFFICE. OWNER:LOT 2 JULIE ANN SUB. - MICHAEL J & JULIE A WHITE OWNER: LOT 3 PLAZA COURT - KIMBERLY L BELTON OWNER MAKING THE REQUEST: MICHAEL J WHITE C 2 A 4Rv0.00' /. ARC42.90' .' TANGENT 22.,888pp7 �"4.y BEARDING 51451455.WOnwfr PREPARED BY: BUESING d: ASSOCIATES ADDRESS: 1212 LOCUST STREET, DUBUQUE, IOWA PHONE: (563) 556-4389 N LOT 2 JUUE INN SUEIONISCH 81'38"S E 49' 73.27 73. Cci A 837.318" ARCAuS 55.32' TANGENT 30.88' CHORD BEARING S41'2444CE t...""8.00. PUE 4.00. e M "0 DETAIL NO—SCALE 41- DETAIL 1 roc 2 4Oy 40 ROST WS p 4.Or 2 COURT NOTES INDEX LEGEND Location: LOT 3 PLAZA COURT SE1/4 of Section 26, T89N, R2E of the 5th P.M., City of Dubuque, Dubuque County, Iowa Requestor: Michael White Pmpriatar of Lot 3 Plaza Court: Kimberly L. Belton 1590 Curtis St., Dubuque, IA 52003 Surveyor. Terry L. Koelker Company: Bussing & Associates, Inc. 1212 Locust St., Dubuque, IA 52001 Realm To: tikoelker@buesing.com (563)556-4389 0' 20' 40' SCALE: 1" = 40' LEGEND • • O 80' FOUND 1.5' IRON PIPE (UNLESS OTHERWISE NOTED) FOUND 5/8' ROD W/ YELLOW CAP /4018 (UNLESS OTHERWISE NOTED) FOUND CUT "X" IN CONCRETE FOUND 1/2" ROD W/ YELLOW CAP #14417 PLACED 5/8" IRON REROD W/ORANGE PLASTIC CAP MARKED "KOELKER 15487" SURVEYED BOUNDARY LINE PROPERTY LINE ROW RIGHT OF WAY LINE CENTERUNE IP SF PUE 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2. THIS PLAT 15 SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. EASEMENT TO BE VACATED IRON PIPE SQUARE FEET PUBLIC UTIUTY EASEMENT RECORD DIMENSION �UEASIINNG ENGINEERS AND SURVEYORS 1212 LOCUST 5T. DUBUQUE IA (563) 556-4389 DRAWN BY: JJL CHECKED BY: MA SURVEY DATE: 3/28/19 PLOT DATE: 4/4/19 DWG. NO. 19059-01 SCALE: 1" = 40' SHEET 1 OF 1 AREA MAP - PROPOSED GARAGE IMPROVEMENTS AND LOT REPLATTING o' zo• 40• so• THIS SURVE7 IS COMPRISED OF: LO�T�2�OF JUL1E ANN SUBDIVISION & LOT 3 SCALE: 1� = 40� OF PLAZA COURT ALL IN THE CITY OF OUBUOUE, IOWA NO CRP 3� PROPOSED BEARINIG OR THE PURPOSES � 'v DETACHED � �� OF THIS SURVEY ONLY. �$� g GARAGE BY � 49'09'S0" �a} � WHITES ARCUS 4290� PREPAFEO BY: BIIESING h ASSOqAlES ADDRE55: 1212 LOCIIST SiREEf, w � g0 TANGENT 22.87� OIIBUWE, IOWA PHONE: (563) 556-4389 CHIXiD 41.60' Q ' X �$� ,, �§.y BEARING 514'51'55'W ry �� INDEX LEGEND �oT� � i �\$S^,�, �9p E `s9c Location: Julie Ann Subdivision No.2 KERN-SCHMIR SUBDINSION i � � b. SE1/4 of Section 26,T89N,R2E of the 5th P.M., � F� City of Dubuque,Dubuque County,lowa � \� � 4 s3•za'ze' Requestor:Michael White \ PROPOSEO 28' X 32' � RADIUS so.00' Proprietors W Lot 2 Julie Ann Subdivision: DETnCHE� CnRAGE ARC 55.32' � �_ rnNceNr so.ae' Michael J.&Julie A White jw_r —� szsa' 100 S.Grendview Ave.,Dubuque,IA 52003 •iv � —� � PROPOSED LOT S4r2+'44"E ProprietorofLot3PlazaCourt: � �' � ��• L I N E S Kimbedy L.Belton � y � �y CURns S 1590 Curtis St.,Dubuque,IA52003 � �' 4''Y. s.o� 4p� R� ` Surveyor. Terty L.Koelker LOT 1 i • W Company: Buesing&Associates,Inc. T AREA=11,956 SF � �� 7212LocustSt.,Dubuque,lA52001 O�y1 °N 0.275 ACRES ��\ �� eo° LOT 2 4�, y/ / RetumTo: tlkcelker�buesing.com (583)556-4389 /y�� AOE 219ACRESF �/ � Qpp•p�E ,/ � � � 4�, LEGEND V y� \ y � / / • FOUND 1.5' IRON PIPE �� (uN�ess on{En�se No�o) �� FOUND 5/8" FOD W/YELLOW CAP y4018 / / ■ (uN�ess on{ea�nse No�o) �` � \ � � FOUND CUT'X' IN CONCRETE � �l�. � �� V � � ` �� f 9 ; � � � � FOUND 1/2" ROD W/YELLOW CAP y14L1] �ya �� O PLACEO 5/8' IRON RER00 W/ORANGE \� \ � � / / PLASTIC CAP MARKED 'KOELKER 1548]" 4y � � SUR�EYED BOUN�NRY LINE .t / / [OT PROPQ2TY LME Q �y. \ p'� �� YB � \ � � � �a/RT �ROW — RIGHT OF WAY IJNE O � � � — CENIERLINE �ao EASEMENT AREA � i / ------- EASEMENT LME � y � NOTES IP IRIXJ PIPE � '�F TO BE VACATED � � � ,o-. SF SQUARE FEET \ \ / / Q 1. ALL MEASUREMENiS ARE IN FEFf AN� DECIMALS 1HEREOF. PUE PUBLIC UTIJtt EASEMENT \ � � �p� 2. TOTAL AREA OF PERIMEIER SURVEYID IS 9,593 SF (0.496 ACRES). ( ) RECORD OIMENSION \ \ \ yoS�� / � ]. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORO ANO NOT OF RECORD. ` `"\\\\��p11111111111��" PRP�EOCANO iHE RELAIE� SIIRVEY WIX2KNWA5 PEFFORMEO BY ME UESING \ \ �J" � �� RSSOCIRTES INC. �p� \ `�y.0,.•••••.,.C.G�� IX2 UNOQi MY OIRECT PERSONAL SIIPERVISIIXJ ANO hiAT I AM N �ULY p�yplpdPRBIND eORYf1UR8 \ a 2�: .�L% IJCENSE� LAN� SURVEVOR UNDER THE LAWS OF iHE STAIE OF IOWA. J \ �V: �RYL �O% 1212LOW�5.6WB�IIWE.IA 'Q_ 0� \ -�: KOELKER �A= �RY L KOELKER (ORTE) ORFNN BY: JJL CHECKm BY: TLK �I \ \ �Q� ��'F' � 15�� LICENSE NUM9ER 15981 SURYEY ORIE: 3/28/19 PLOT DAIE: 4/16/19 DETAIL ORy� ti � q*�°.. .•°*� MY LICENSE RENEWAL DATE IS DECEMBER 31. 2018 OWG. N0. 19059-01 SCALE: 1" = 40' NO—SCALE \ \ � aP� ��y� ,��///��i��W�P��\��\\\ SHEElS CO�EREO BY THIS SEAL : SHEET 1 & 2 SHEET 1 OF 3 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: July 05, 2019, and for which the charge is $53.32 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this /6a day of ,20/9. Notary P lie in and for Dubuque CogyIty, Iowa. MARY K WESTERMEYE_R Commission Number 154885 My Commission Exp. Feb. , 2020 Cl'T:Y OF; DUl;;UQUE,y " IOWA OFFICIAL NOTICE ,.. PUBLIC =NOTICE is hereby e City Council•givof thenthat City of Dubuque "Iowa, will hold'. a pubhel'hearing on the 15th day of July at 6:00 p,m in the'His- toric Federal Building, 350 West 9 6th Street, second floor, Dubuque,) Iowa, at which meeting the City Council.pro- poses to dispose of an interest in public utility easements by ,vacate and disposal over and across a portion: of Lot 3 of Plaza .Court according to Final Plat of Plaza Court recorded in Plat Book 25, Page, 2,52 in the office of the Dubu- que County Recorder. (Locally known as 1590 Curtis Street) 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 - lc;.nearmgs:are on file in the City Clerks Of- fice, and may be viewed during normal working hours. Individuals with limit- ed English, proficiency, vision - hearing or speech r impairments requiring special assis- tance should,contact' the City Clerks Office at (563) 589;'4100,' TDD,, (563) 690-6678 '`cty- clerk@cityofdubuque. org as soon:as feasible. Dated this 5th day of July 2019.` Kevin S. Firnstahl, CMC, City Clerk RESOLUTION NO 245-19 RESOLUTION OF,1 TENT TO °; VAC AND DISPOSE CITY INTEREST-.' ,IN:, PUBLIC UTILITY, EASEMENTS OVER AND ACROSS LOT 3 OF 1PLAZA 'COURT, IN, THE CITY OF DUBU- QUE, IOWA Whereas,,Kimberly L. Belton is the current owner of Lot 3 of Plaza Court in, the City, of, Dubyque, 'Dubuque' ' County, Iowa; and Whereas, a public util ity easement was plat- ted, in the office of the Dubuque " County Recorder; and , Whereas, Kimberly L. Belton, owner of Lot 3 of Plaza Court, and Michael J. and Julie A. White, owners of Lot 2 of Julie Ann Subdivision are planning to replat and make 'improve- ments, including a new garage to, their respec- tive°lots• and` whereas the proposed: location of the lot lines and im- 1 provements lies over i said utility easements; and Whereas;:Kimberly Benton and Michael J. and Julie A. White have petitioned to vacate the public utility ease- ment across a portion of said Lot 3 of Plaza., Court in order to facili- tate the =proposed im- provements .� .:and lot +' replatting. "' NOW THEREFORE, BE IT RESOLVED BY THE CITY': DOUNCIL 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 easetionmofentLot acros3of s a Plazapor- Courtl in the ` City of Dubuque,` Dubuque County, Iowa, as shown on the attached Exhibit. Section 2. That any ; l' and all applicable pub- lication and recording fees =are to be 'paid, by Michael J, and Julie A, White, r Secti`bn 3 Thatna pub- { snng 0n the;`in- to 9 vacate and i fispose of City interest:.) I the public utility easements;across por- bops' of Lot 3 of Plaza Court:` in. the City of Dubuque,`Dubuque ounty Iowa, is hereby set'forxthe 15th day of July, 2019 at, the His- toric Federal Building,`' 350' W. 6th Street, Dubuque, Iowa, ,;begin-=, ning at 600 pml',.and'J. the;'City Clerk be and is hereby authoriz d. and directed to cause a no- tice"of rpublic` hearing on the intent to vacate and dispose of said in terest to be published in the manner as pre- scribed b rescribed' by law', Passed approved and adopJuly2019 ted t.his 1st day of Jake Rios, Mayor Pro Tem Attest: Kevin S. Firnstahl, CMC, City Clerk 1t 7/5, ',"