Vacating a Grant of Easement for Water Main and Sanitary Sewer for Marquette Place_initiate Copyrighted
August 5, 2019
City of Dubuque Items to be set for Public Hearing # 1.
ITEM TITLE: Vacating a Grant of Easement for Water Main and Sanitary
Sewer for Marquette Place
SUM MARY: City Manager recommending the City Council set a public
hearing forAugust 19, 2019, for the vacating of a Grant of
Easement for Water Main and Sanitary Sewer Utilities over
Lot 1 of Hefel Place owned by Christopher M. Hefel, as
part of the Marquette Place Street Sanitary Sewer and
Water Main Reconstruction Project.
RESOLUTION of Intent to vacate and dispose of City
I nterest in a Grant of Easement for Water Main and
Sanitary Sewer Utilities over and across Lot 1 of Hefel
Place in the Cityof Dubuque, lowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s), Set Public Hearing forAugust 19, 2019
ATTACHMENTS:
Description Type
Hefel Vacating of Grant of Easement-MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Resolutions
ExhibitA Supporting Documentation
Dubuque
THE CITY OF �
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacating of a Grant of Easement for Water Main and Sanitary Sewer
Utilities over Christopher M. Hefel Property on Marquette Place in the City
of Dubuque as Part of the Marquette Place Street Sanitary Sewer and
Water Main Reconstruction Project
DATE: July 25, 2019
City Engineering Gus Psihoyos requests the City Council set a public hearing for
August 19, 2019, for the vacating of a Grant of Easement for Water Main and Sanitary
Sewer Utilities over Lot 1 of Hefel Place owned by Christopher M. Hefel, as part of the
Marquette Place Street Sanitary Sewer and Water Main Reconstruction Project.
Earlier in the project, Christopher Hefel had granted a water main and sanitary sewer
utilities easement over the property based on the original design alignment. During the
course of the project, the water main and sanitary sewer alignment was revised to have
less of an impact on Hefel's lot improvements, including a retaining wall and deck. The
property owner has granted a new utility easement over the revised water main and
sanitary sewer alignment area. The City is responsible for vacating the former
easement area through the Hefel property.
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
Dubuque
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TO: Michael C. Van Milligen, City Manager
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FROM: Gus Psihoyos, City Engineer � _,_ ,�,
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DATE: July 15, 2019
SUBJECT: Vacating of a Grant of Easement for Water Main and Sanitary Sewer
Utilities over Christopher M. Hefel property on Marquette Place in the City
of Dubuque as Part of the Marquette Place Street Sanitary Sewer and
Water Main Reconstruction Project
INTRODUCTION
The purpose of the memorandum is to seek approval to set a public hearing for the
vacating of a Grant of Easement for Water Main and Sanitary Sewer Utilities over Lot 1
of Hefel Place, said property owned Christopher M. Hefel, on Marquette Place in the
City of Dubuque as part of the Marquette Place Street Sanitary Sewer and Water Main
Reconstruction Project.
DISCUSSION
This project replaced the water main and sanitary sewer main utilities through fifteen
properties located between Marquette Place and Queen Street. The water main and
sanitary sewer main utilities were relocated to an alignment that is further away from the
existing buildings and residences on the properties to allow for easier maintenance of
the utilities in the future. The project is part of the corrective action plan under the US
EPA Consent Decree to alleviate the existing storm water l & I issues in this area.
Earlisr in the project, Christopher Hefel had granted a water main and sanitary sewer.
utilities easement over the property based on the original design alignment. During the
course of the project, the water main and sanitary sewer alignment was revised so as to
have less of an impact on Hefel's lot improvements including a retaining wall and deck.
The property owner has granted a new utility easement over the revised water main and
sanitary sewer alignment area. The City is responsible for vacating the former
easement area through the Hefel property
The exhibit attached to the resolution shows the original easement area proposed to be
vacated over and across Lot 1 of Hefel Place in the City of Dubuque.
RECQMMENDA`ClON
i would recomm�nd th�t the originai w�ter main and s�nitary sewer easement ov�r Lc�t
1 of Hef�l Pl�c�; in th� City of Dubuque �s indic�ted c�n fihe �ttac;hed exhibits be
vacated, �ncf that a pLik�lic hearing b� set fc�r the dispos�l of the City's interest in the
�asement �rc�� on A�agust 1�J-, ZQ19.
ACTION TA �E TAKEN
I respectfiully req�i�st that a public hearing should be set for August 19, 2019 on the
disposal of fih� easement �rea through adoption of the enclosed resolution.
PrP��r�d by Nate Kisffer, PLS
2
RESOLUTION NO. 277-19
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST
IN A GRANT OF EASEMENT FOR WATER MAIN AND SANITARY SEWER
UTILITIES OVER AND ACROSS LOT 1 OF HEFEL PLACE, IN THE CITY OF
DUBUQUE, IOWA
Whereas, Christopher M. Hefei is the current owner of Lot 1 of Hefei Place, in
the City of Dubuque, Dubuque County, Iowa; and
Whereas, an Easement for Water Main and Sanitary Sewer Utilities over a
portion of Lot 1 of Hefei Place was granted to and accepted by the City of
Dubuque according to Instrument No. 2019-00002781 and recorded in the office
of the Dubuque County Recorder; and
Whereas, in the Spring of 2019, Christopher Hefei had granted the above said
water main and sanitary sewer utilities easement over the property based on the
original design alignment for the Marquette Place Sanitary Sewer and Water
Main Reconstruction Project; and
Whereas, during the course of said reconstruction project, the water main and
sanitary sewer alignment was revised so as to have Tess of an impact on Hefel's
lot improvements, including a retaining wall and deck; and
Whereas, the property owner has granted a new utility easement over the
revised water main and sanitary sewer alignment area.
Whereas, the City is responsible for vacating the former easement area
through the Hefei property.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA THAT:
Section 1. The City of Dubuque, intends to vacate and dispose of its interest in
the public utility easement across a portion of Lot 1 of Hefei Place in the City of
Dubuque, Dubuque County, Iowa, included in the Grant of Easement, Instrument
No. 2019-00002781, and as shown on the attached Exhibit A.
Section 2. A public hearing on the intent to vacate and dispose of City interest
in the grant of water main and sanitary sewer utilities easement across portions
of Lot 1 of Hefei Place in the City of Dubuque, Dubuque County, Iowa, is hereby
set for the 19th day of August 2019, at the Historic Federal Building, 350 W. 6th
Street, Dubuque, Iowa, beginning at 6:00 p.m., and the City Clerk be and is
hereby authorized and directed to cause a notice of public hearing on the intent
to vacate and- dispose of said interest to be published in the manner as
prescribed by law.
Pg. 2 Resolution No. 277-19
Passed, approved and adopted this 5th day of August 2019
Attest:
Kevin S. Firnstahl, CM City Clerk
A,J
Roy D. Buol, Mayor
Dubuque CITY OF DUBUQUE FOUND�g��
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Drawn By: RNK Approved By: RNK Date: 02-01-2019
EASEMENT VACATE-PART OF LOT 1 0 10' 20' 40' 606�
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� 11� 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
O 2�� 2. PROPRIETOR OF ABOVE DESCRIBED LOT:CHRISTOPHER M.HEFEL
� Of� 3. SURVEY RE�UESTED BY:CITY OF DUBUQUE,50 W.13TH ST.DUBUQUE,IOWA
L �61 4. THIS EASEMENT PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF
RECORD.
� I hereby certify that this land surveying document was prepared and FOUND�"
� the related survey work was performed by me or under my direct REBAR NO
Y �O personal supervision and that I am a duly licensed Land CAP AT SW C ITY O� D U B U Q U E
O�"''•+, �1 Surveyor under the laws of the Slate of lowa. CORNER LOT 1
� ��•'� �' G�c1 EXHIBIT A-VACATE WATER MAIN &SANITARY SEWER UTILITY EASEMENT
� Gj' s.!'G For the City of Dubuque
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Q � Russell N,Kieffer lowa Lic.No.18128 Date P G. 1 5
ROW—FEE N/A EXIST. ROAD N/A PERM. EASEM'T
�OWP LEGAL DESCRIPTION LOT 1 HEFEL PLACE, C/TYOFDUBUQUE. IOWA
� My license renewal date is December 31,2020
� Pages or sheels covered by this seal: THIS PAGE ONLY OW N E R CHRI STOPHER M. HEFEL