Vacate Utility Ease Plaza CtMEMORANDUM
April 28, 2003
TO:The Honorable Mayor and City Council Members
FROM:Michael C. Van Milligen, City Manager
SUBJECT:Vacating Petition - Utility Easement
In response to a request from Steve Schmitz and Michael White to vacate an eight-foot
wide utility easement in Plaza Court in the City of Dubuque, Iowa, Public Works Director
Mike Koch states that the City has no plans for the utilization of the subject utility
easement, recommends approval of the request to vacate and that a public hearing be
set for May 19, 2003.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
'MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
April 28, 2003
TO:Michael C. Van Milligen, City Manager
FROM: Michael A. Koch, Public Works Director
SUBJECT: Vacating Petition - Utility Easement
INTRODUCTION
This is in response to a request from Steve Schmitz and Michael White for the vacating
of an eight-foot wide utility easement in the City of Dubuque, Iowa.
DISCUSSION
The attached Exhibit A shows the area of the proposed eight-foot wide utility easement
to be vacated. The property is owned by Steve Schmitz.
Steve Schmitz is the owner of the balance of Lot 4 of Plaza Court in the City of
Dubuque, Iowa. In order to subdivide this lot and combine it with abutting property to the
west, Steve Schmitz is proposing to vacate the existing eight-foot wide utility easement.
This will allow for replatting the area for sale of a portion of said lot to Michael White.
The utility companies have not objected to this vacating request.
RECOMMENDATION
The City does not have a need for the subject utility easement, 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 hearing on
May 19, 2003, for the cost of publication and filing fees.
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.L.S.
EXHIBIT "A"
For the VACATION OF A 8' WIDE PUBLIC UTILITY EASEMENT
ACROSS THE BALANCE OF LOT 4 OF pLAZA COURT SUBDIVISION
IN THE CITY OF DUBUQUE, .iOWA.
R.O.W,
THE HATCHED ARE. A REPRESENTS THE pORTt ON OF THE PUBLIC UTILITY
EASEMENT TO BE VACATED. THE 8' WIDE PUBLIC UTILITY ~EMENT WAS
CREATED AS PART OF THE SUBDIVISION PI.~T FOR pLAZA COURT, THIS
DOCUMENT WAS FILED AUGUST 16,1958, IN BOOK 25, PAGE 252 WITH THE
DUELIOLi~ COUNTY RECORDERS OFFICE,
IR BALANCE OF
LOT 4
LOT
IRON
0' 25 50 100
LOT 3
B'PUBLIC
SCALE tN FEET
LOT 5
PIPE
\
\
LEGEND
BUESING & ASSOCIATES
CONSULTING ENGINEERS
DODGE STRE~
DODGE STREET (U~
SCALE
0 50 100
/
CITY OF DUBUQUE
PAVEMENT AND LOTS
RESOLUTION NO. 140-03
RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND VACATE
UTILITY EASEMENT OVER THE BALANCE OF LOT 4 OF PLAZA COURT IN
THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Steve Schmitz is the current owner of the Balance of Lot 4 of
Plaza Court; and
Whereas, an eight-foot utility easement is currently platted on said lot; and
Whereas, Steve Schmitz has petitioned to vacate the easement in said lot.
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 an eight-foot wide utility easement over the Balance of Lot 4 of Plaza
Court in the City of Dubuque, as shown 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 5th day of May, 2003.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
~/~r'e~nne F. Schneider, CMC, City C~erk
T~rrance M. Dugga,~'yor
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 AN EIGHT-FOOT
WIDE UTILITY EASEMENT OVER THE BALANCE OF LOT 4 OF PLAZA COURT 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 day of ,2003, the City Council of
the City of Dubuque, Iowa met on the day of ., 2003, 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:
An Eight-Foot Wide Utility Easement on the Balance of Lot 4 of Plaza Court in
the City of Dubuque, Dubuque County, 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 an eight-foot wide utility easement on the
Balance of Lot 4 of Plaza Court 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 Steve Schmitz, 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 ,2003.
Attest:
Terrance M. Duggan, Mayor
Jeanne F. Schneider, CMC, City Clerk
RELEASE OF EASEMENT
Whereas, the plat of Plaza Court in the City of Dubuque, Iowa, was filed in
the office of the Recorder of Dubuque County, Iowa, in Book 25, Page 252; and
Whereas, by said plat, the proprietors dedicated to the public utility an
easement in Lot 4 of Plaza Court in the City of Dubuque, Iowa, which an eight-
foot wide utility easement is set forth and appears on said plat; and
Whereas, by the actual location of all utility services and the other
easements shown on said plat the easement in the Balance of Lot 4 of Plaza
Court as shown on attached Exhibit A is no longer required.
NOW, THEREFORE, for valuable consideration, the undersigned, City of
Dubuque, Iowa, does hereby forever release, vacate, abandon, and discharge
the utility easement in the Balance of Lot 4 of Plaza Court in the City of Dubuque,
Iowa, and filed in Book 25, Page 252, 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 Plaza Court in the City of
Dubuque, Iowa, filed in the officer of the Recorder of Dubuque County, Iowa, as
Book 25, Page 252.
Passed, approved and adopted this
2003.
day of
Attest:
Terrance M. Duggan, Mayor
Jeanne F. Schneider, CMC, City Clerk
EXHIBIT "A"
For the VACATION OF A 8' WIDE PUBLIC UTILITY EASEMENT
ACROSS THE BALANCE OF LOT 4 OF RLAZA COURT SUBDIVISION
IN THE CITY OF DUBUQUE, IOWA.
I.D.O.T.
R.O.W.
THE HATCHED AREA REPRESENTS THE PORTION OF THE PUBLIC UTILITY
EASEMENT TO BE VACATED. THE 8' WIDE PUBLIC UT[LErY EASEMENT 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.
IDOT
LOT 5
BALANCE OF
LOT 4
LOT 1-1B B
IRON
LOT 3
PIPE
1.25 P PE .S)-RE~,T
0
25 50
SCALE iN FEET
100
LEGEND
NOTES
BUESING & ASSOCIATES
CONSULTING ENGINEERS
March 10, 2003
Mr. Terry Duggan
Mayor of the City of Dubuque
Dear Mr. Duggan:
I am writing this letter to request the City Councils approval for the vacation of a public
utility easement located on Lot 4 in the Plaza Court subdivision in the City of Dubuque.
Dr. Michael White, who is my neighbor at the back of my lot, would like to purchase a
portion of land in the rear of my lot. The area he would purchase presently has an 8'
wide public utility easement platted on it. To my knowledge there isn't any utilities
located in the platted easement.
Dr. White has hired Buesing & Associates Consulting Engineers to survey the division of
my lot. In their initial contact with local utilities (Alliant & Qwest) they were told there
aren't any utilities located in the platted easement. Dr. White requested Buesing &
Associates to start the process of vacating the easement. They have included with this
letter a plat drawing labeled "Exhibit A". It shows the location of the easement on my lot
and the particular area I am requesting to be vacated. Would you please start the process
and contact me for any additional information that you may need.
Sincerely yours,
Steven Schmitz
1595 Curtis St
Dubuque, Ia 52003
557-1893
Michael White, DVM
100 S. Grandview
Dubuque, IA 52003
588-9639