Vacating a Grant of Easement for Water Main and Sanitary Sewer_Marquette Place_Hearing Copyrighted
August 19, 2019
City of Dubuque Public Hearings # 2.
ITEM TITLE: Vacating a Grant of Easement for Water Main and Sanitary
Sewer over property on Marquette Place
SUMMARY: Proof of publication on notice of public hearing to approve
vacating 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 and
the City Manager recommending approval.
RESOLUTION Disposing of propertybyvacating City
interest in an easement for water main and sanitary sewer
utilities over and across Lot 1 of Hefel Place, in the City of
Dubuque, lowa
SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Hefel Vacating of Grant of Easement-MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Resolutions
ExhibitA Supporting Documentation
Grant of Easement Hefel Supporting Documentation
Dubuque
THE CITY OF �
uI�AaMca cih
DuB E � �
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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: August 9, 2019
City Engineering Gus Psihoyos recommends City Council approval of a resolution
vacating 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
THE CITY OF ,�,.. �,�,,�,,�
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��� � �,,��:.,y.,,.,,.
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M�ste iece on tlze Mississi i �00�.2o�Z.zoz3
�P pP �o�7*Zaig
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer �
� '
DATE: August 6, 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 provide information 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 befinreen 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 I & I issues in this area.
Earlier in the project, Christopher I�efel 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 new easement dated June 12, 2019 is attached for
your reference. The City is responsible for vacating the former easement area through
the Hefe�l 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.
RECOMMENDATION
I would recommend that the original water main and sanitary sewer easement over Lot
1 of Hef�;l Place in the City of Dubuque as indicated on the attached Exhibit A b�
vacated.
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolution vacating all interest in the utility
easements as indicated on the attached Exhibit A and located on Lot 1 of Hefel Place,
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. 302-19
DISPOSING OF PROPERTY BY VACATING CITY INTEREST IN AN EASEMENT FOR
WATER MAIN AND SANITARY SEWER UTILITIES OVER AND ACROSS LOT 1 OF
HEFEL PLACE, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution No. 277-19, dated the 5th day of August 2019,
declared its intent to dispose of City interest in utility easements on real property, legally
described as:
Lot 1 of Hefel Place, in the City of Dubuque, Dubuque County, Iowa, according to
the recorded plat thereof (the Property); and
Whereas, an Easement for Water Main and Sanitary Sewer Utilities over a portion of
Lot 1 of Hefel 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 Hefel 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 less 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; and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on the 19th day of August 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 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 19th day of August 2019.
Attest:
Key i S. Firn . hl, CMC City Clerk
Roy D. Buol, Mayor
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:
August 09, 2019,
and for which the charge is $57.04
Subscribed to before me, a Notary Public in and for
Dubuque Cojunty, Iowa,
CITY OF DUBUQUE,
IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is
hereby given that the
City Council of the City
of Dubuque, Iowa, will
hold a public hearing
on the 19th day of'Au-
gust '2019'at 6:00 p.m.
in the Historic Federal
Building, 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
grant of easement to"
Christopher M. Hefei:
Lot 1 of Hefei Place, in
the City of Dubuque,
Dubuque County, Iowa
(Marquette Place and
Queen 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
Clerk's Office, City Hall,
50 W. 18th Street,, on or
before said time of
public hearing. •
Copies of supporting
documents for the pub-
lic hearingsare on file
in the City Clerk's Of-
fice, and may be
viewed during normal
working hours.
Individuals with limit-
ed English proficiency,
vision, hearing ,,'or
speech impairrnents
requiring special assis-
tance should, contact
the City Clerk's Office
at (563) 589-4100, TDD
563) 690-6678, ctyclerk
@cityofdubuque.org . as
soon as feasible.
Dated this 9th day of
August 2019.
Kevin 5. Firnstahl,
CMC, City Clerk
RESOLUTION
NO.277-19
RESOLUTION OF IN-
TENT, TO VACATE
AND DISPOSE OF
CITY INTEREST IN A
GRANT OF EASE-
MENT FOR WATER
MAIN AND SANITARY.
SEWER UTILITIES
OVER AND ACROSS
LOT '1 OF HEFEL
PLACE, IN"'TNE . 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 Ease-
ment for Water Main
and Sanitary , Sewer
Utilities over a portion
of Lot 1 of Hefei Place
wasgranted to and ac-
cepted by the City of
Dubuque according, to
Instrument No. 2019-
p0002781 and recorded
in the office, of the
Dubuque County Re-
corder; and
this / ,� day of
and for Dubuque Count
owa.
DANA M. HUETTMAN
Commission Nuer 7. 4,
My Commission Exp.
Whereas, in the
Spring of 2019, Christo-
pher Hefei had granted
the above said . water
main and sanitary sew-
er utilities `.easement
over the property
based on the original
design alignment for
the Marquette Place
Sanitary Sewer and
Water Main Recon-
struction Project; and
Whereas, during the
course of said recon-
struction project, the
water main . andsani-
tary sewer ,alignment
was revised so as to
have less' of an in(pact.
on Hefel's lot improve-
ments, including a re-
taining wall and deck;
and
Whereas, the property
owner' has °'granted ; a
new utility easement
over the revised water
main and sanitarysew-
er alignment area.
Whereas,, the, City is
• responsible for vacat
ing the- -former ease-
ment area through the
Hefei property.
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
easement across a por-
tion of Lot 1 of Hefei
Place in the City of
Dubuque, "" Dubuque
County Iowa included
in the" dant 'of- Ease-
ment, , nstrumel :No
201946 027trana as
shown on the attached
Exhibit A.
Section 2. That a pub-
lic hearing on the in-
tent •to °Vacate-, and'''.
dispose of City interest
in the grant of- water
main arid sanitary sew-
er utilities easement
across portions of Lot 1
of Hefei place in the
City of Dubuque Dubu-
-que 'County, Iowa ,'`is''
leceby set'f r t e 1,9th
da t 9
i�H�S#o 1 Fw ePal
Builtling, SBO• W 6th
'Street, Dubuque, Iowa, .,
beginnirig:.at 6:00 p.m.,
and ,the City Clerk be
and is hereby autho-
'rized" and 'directed to
cause,a,notice of public
hearingonthe intent to 1.
?vacate aril disposeof
said interest to be pub -
dished in the manner as
prescribed by law.
Passed, approved` and
adopted this 5th day of
August 2019.
Roy D. Buol, Mayor
Attest: •
Kevin S. Firnstahl,
CMC, City Clerk
It 8/9
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Doc ID 010337340004 Type GEN
Kind: RESOLUTION
Recorded: 08/21/2019 at 04:05:16 PM
Fee Amt: $22.00 Page 1 of 4
Dubuque County Iowa
John Murphy Recorder
File2019-00009603
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. 302-19
DISPOSING OF PROPERTY BY VACATING CITY INTEREST IN AN EASEMENT FOR
WATER MAIN AND SANITARY SEWER UTILITIES OVER AND ACROSS LOT 1 OF
HEFEL PLACE, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution No. 277-19, dated the 5th day of August 2019,
declared its intent to dispose of City interest in utility easements on real property, legally
described as:
Lot 1 of Hefel Place, in the City of Dubuque, Dubuque County, Iowa, according to
the recorded plat thereof (the Property); and
Whereas, an Easement for Water Main and Sanitary Sewer Utilities over a portion of
Lot 1 of Hefel 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 Hefel 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 less 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; and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on the 19th day of August 2019 at 6:00 p.m. in the Historic Federal Building,
350 W. 6t" Street, Dubuque, Iowa; and
'ZZ°°0 C rayiw►�
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 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 19th day of August 2019.
Attest:
Keiii Firn'{'hl, CMC City Clerk
Roy D. Buol, Mayor
Reserved for Recorder
Prepared By: Nate Kieffer 50 West 13th St. Dubuque,IA 52001 Ph:563-589-4270
Dubuque
IbtOral
All -America City
11111r
2007
CITY OF DUBUQUE
ENGINEERING DEPARTMENT
CITY HALL, 50 WEST 13th STREET
DUBUQUE, IA 52001-4864
PHONE (563) 589-4270 FAX (563) 589-4205
Drawn By: RNK
Approved By: RNK
Date: 02-01-2019
EASEMENT VACATE - PART OF LOT 1
HEFEL PLACE
CITY OF DUBUQUE, IOWA
C.I.P. Number:
I Sheet Number: 1 of 1
LEGEND
LOT 15
AUDOBON ADD.
PLAT BK. 8, PG. 15
c.x\
`>\
c‘l
• FOUND IRON ROD/PIPE
R.O.W.
(100.00')
SET 5/8" REBAR WITH
YELLOW PLASTIC CAP # 18128
RIGHT OF WAY
RECORD DIMENSION
LINE BREAK
ADJACENT PROPERTY LINE
----- RIGHT OF WAY LINE
PROPOSED EASEMENT LINE
c(-5?).
•c),
FOUND I"
REBAR NO
CAP AT NW
CORNER LOT 1
oo
NORTH
0 10' 20'
SCALE 1" = 20' FEET
Nc)
N(.3r5
,\\A
6‘ o
40'
c)6‘
56
N1
WATER MAIN AND SANITARY
SEWER UTILITY EASEMENT
AREA PER INST. NO. 2019-2781
TO BE VACATED IN ITS ENTIRETY
I hereby certify that this land surveying document was prepared and
the related survey work was performed by me or under my direct
personal supervision and that I am a duly licensed Land
Surveyor under the laws of the State of Iowa.
For the City of Dubuque
-.1/1474 .-/2-?0/9
Russell N. Kieffer
Iowa Lic. No. 18128 Date
My license renewal date is December 31, 2020
Pages or sheets covered by this seal: THIS PAGE ONLY
LOT 1
HEFEL PLACE
INST. NO. 10325—
FOUND r
REBAR NO
CAP AT SW
CORNER LOT 1
" S4
Sir'
sv. 5A
LOT 2-19
AUDOBON ADD.
PLAT BK. 8,
PG. 15
FOUND i"
REOARW/
CAP NO.
4016 AT NE
CORNER LOT 1
-er
d5
FOUND
REBAR W/
CAP NO,
4016
S12° 52' 47"E 2.19'
NOTES:
.190'
NOTE:
THIS SURVEY IS LOCATED IN THE
SE 1/4 SECTION 13, T89N, R2E
(DUBUQUE TOWNSHIP)
OF THE 5TH P.M. IN THE
CITY OF DUBUQUE, DUBUQUE
COUNTY IOWA
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
2. PROPRIETOR OF ABOVE DESCRIBED LOT: CHRISTOPHER M. HEFEL
3. SURVEY REQUESTED BY: CITY OF DUBUQUE, 50 W. 13TH ST. DUBUQUE, IOWA
4. THIS EASEMENT PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF
RECORD.
CITY OF DUBUQUE
EXHIBIT A - VACATE WATER MAIN & SANITARY SEWER UTILITY EASEMENT
COUNTY DUBUQUE PARCEL NO. 1013401022 JOB NO.
PROJECT MARQUETTE SANITARY SECTION 13 TWR___UPRANGE 2E
ROW—FEE N/A EXIST. ROAD N/A PERM. EASEM'T SEE ABOVE
LEGAL DESCRIPTION LOT 1 HEFEL PLACE, CITY OF DUBUQUE, IOWA
OWNER CHRISTOPHER M. HEFEL
CERTIFICATE of the 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. 302-19 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 20th day of August, 2019.
S. irnstahl, , City Clerk