Vacate of Sanitary Sewer Utility Easement Over Silvia Property / Timber-Hyrst Estates #5_Initiate Copyrighted
February 4, 2020
City of Dubuque Items to be set for Public Hearing # 1.
ITEM TITLE: Vacate of Sanitary Sewer Utility Easement Over Silvia
Property in Timber-Hyrst Estates #5
SUMMARY: City Manager recommending that the City Council set a
public hearing for February 17, 2020, to vacate a Sanitary
Sewer Utility Easement across Part of Lot 64 in Timber-
Hyrst Estates #5 owned by Lori E. and Brian A. Silvia.
RESOLUTION of Intent to vacate and dispose of City
I nterest in a Sanitary Sewer Utility Easement over and
across Lot 64 in Timber-Hyrst Estate#5 in the City of
Dubuque, lowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s), Set Public Hearing for February 17, 2020
ATTACHMENTS:
Description Type
Vacate Sanitary Sewer Utility Easement over Silvia City Manager Memo
Property-MVM 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 Sanitary Sewer Utility Easement over Lori E. and Brian A.
Silvia Property Off of South Bend Circle in Timber-Hyrst Estates #5 in the
City of Dubuque
DATE: January 28, 2020
City Engineer Gus Psihoyos requests the City Council set a public hearing for
February 17, 2020, to vacate a Sanitary Sewer Utility Easement across Part of Lot 64 in
Timber-Hyrst Estates #5 owned by Lori E. and Brian A. Silvia.
The property owners are planning to construct a single-family dwelling crossing the
property line between the two lots they own on South Bend Circle. A public sanitary
sewer was originally installed on the common lot line of the two lots and was recently
relocated by the owners, who have granted a new utility easement over the revised
sanitary sewer alignment area.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�
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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TO: Michael C. Van Milligen: City Manager �
FROM: Gus Psihoyos, City Engineer � �
DATE: January 24, 2020
SUBJECT: Vacating of a Sanitary Sewer Utility Easement over Lori E. and Brian A.
Silvia property off of South Bend Circle in Timber-Hyrst Estates # 5 in the
City of Duk�uque
INTRODUCTION
The purpose of the memorandum is to seek approval to set a public hearing for the
vacating of a Sanitary Sewer Utility Easement across Part of Lot 64 in Timber-Hyrst
Estates # 5, in the City of Dubuque, lowa, said property owned by Lori E. and Brian A.
Silvia.
DISCUSSION
The property owners are planning to construct a single-family dwelling crossing the
property line between the two lots they own on South Bend Circle. A public sanitary
sewer was originally installed by the subdivision developer on the common lot line of the
two lots and was recently relocated by the owners in order to accommodate the
proposed home location. The new sanitary sewer construction has been inspected and
approved by Engineering Department staff. The City of Dubuque will owr� and maintain
the relocated public sanitary sewer utility.
The property owner has granted a new utility easement over the revised sanitary sewer
alignmer�t area. The next step ir� this process according to the Sanitary S�wer•
Construction agreement with the property owners is to hold a public hearing to vacate
the old sanitary sewer easement. The City is responsible for vacating the former
easement area.
The exhibit attached to the resolution shows the original easement area proposed to be
vacated over and across Lot 64 in Timber-Hyrst Estates # 5, in the City of Dubuque.
RECOMMENDATION
I would recommend that the original sanitary sewer utility easement over Lot 64 in
Timber-Hyrst Estates # 5, in the City of Dubuque as indicated on the attached exhibit be
vacateci, �nd thG�t � public he�aring �e set for lh� c.iis�aos�l af th� City'� interest in the
�asE,rr�ent area nn February 17, 2U20.
ACTION TO BE TAKEN
I resp�ctfully rcquest that � p���lic he��ring should be set for February 17, 202U on the
c�ispc�sal c�f tiie e�sement area through �c�option of the PnclosPd resolution.
Prepared by Nate KiPffer, PLS
2
Prepared by: R. Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: R. Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 39-20
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN A
SANITARY SEWER UTILITY EASMENT OVER AND ACROSS LOT 64 IN TIMBER-
HYRST ESTATES # 5, IN THE CITY OF DUBUQUE, IOWA
Whereas, Lori E. and Brian A. Silvia (Property Owners) are the current owners of Lot
63 and 64 in Timber-Hyrst Estates # 5, in the City of Dubuque, Dubuque County, Iowa;
and
Whereas, an Easement for Sanitary Sewer Utility was platted over a portion of said
Lot 64 on the Final. Plat of Timber Hyrst Estates # 5 and was accepted by the City of
Dubuque according to Instrument No. 2017-00004751 and recorded in the office of the
Dubuque County Recorder; and
Whereas, the Property Owners are planning to construct a single-family dwelling
across the common property line between Lots 63 and 64 in Timber-Hyrst Estates # 5;
and
Whereas, said proposed dwelling location encroaches on said easement and a public
sanitary sewer main on said Lot 64; and
Whereas, the Property Owners have relocated the public sanitary sewer main in
order to accommodate the proposed home location; and
Whereas, the Property Owners have granted an Easement for Sanitary Sewer Utility
to the City of Dubuque for the relocated public sanitary sewer main per Instrument No.
2019-00016156 recorded in the office of the Dubuque County Recorder; and
Whereas, the City of Dubuque will own and maintain the relocated public sanitary
sewer utility according to the Sanitary Sewer Construction Agreement between Property
Owner and City of Dubuque; and
Whereas, the City of Dubuque is now responsible for vacating the former sanitary
sewer utility easement area through said Lot 64.
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
sanitary sewer utility easement across a portion of Lot 64 in Timber-Hyrst Estates # 5 in
the City of Dubuque, Iowa, as shown on the Final Plat for Timber-Hyrst Estates # 5,
Instrument No. 2017-00004751, 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
sanitary sewer utility easement across portions of Lot 64 in Timber-Hyrst Estates # 5 in
the City of Dubuque, Iowa, is hereby set for the 17th day of February 2020, 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.
Passed, approved and adopted this 4th day of February 2020.
Q
Roy D. Buol, Mayor
Attest:
EXHIBIT A
VACATION OF PUBLIC SANITARY SEWER EASEMENT
ACROSS LOT 63 AND LOT 64 OF TIMBER-HYRST ESTATES �5
IN THE CITY OF DUBUQUE, IOWA.
LOT 73 f � N877p•�y.W 22.03'� o � LOT 61
O.Sk6 �<a.sa• � m V � rn; SCALE 1" = 100'
559 pb� 4 ;•� m `ol �
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N88'S4'40�E LOT 65 i°j
zoo.00' o �o' �� °� m <i 0' S0� 100�
o n �P��-y Z p((�)y�')� � �i 10•
ib � z �- PUE
NEW SANITARY � N8792.73 YW ;�'� �ITMP) �oT sz
SEWER a ; U y\\1 �
EASEMENT N I� ��w ,� 'ssso �'��
LOCATION � -9�� � �- -'- _
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� LOT 64 � � +�
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LOT 76 m o 13.5'd�i^'73.5' � �,�,� �� S C
E o I � �
F -d�s�E 1 � .�.�° ORIGINAL
N88'S4'40'E � z �o � / o �� �� SANITARY
zao.oa � SEWER
.� .
N Im 1 / M /
0 0 ;WI � �� ;� ;' ��, EASEMENT AREA
�oT " � �� i" ' *" % ./�`'^ ,TO BE VACATED
o m � / � 9.
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=!° i oi � ;t i c? �� q�' 13
m 12� � N �� / i 5b � g{
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I � j ��' % i j/ it / /,ph'��
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LOT 78 o i / SSFi� i/ �yb°ij. �to.46'
i
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N88'S4'40'E 1 I i /v ��.'�/ � q4.5�
200.00� i �� i O^0? � �i i,�ry89 �y(Q'
� / /� yQ-5� LOT 86 LME DATA
o � ,o � : ��
LOT 79 K LINE BEARING OIST.
ti O 52. J �
y� o �p � � � 0� 0 N53'36'37'W 25.00'
m `� y i� �` �� P N53'36'37'W 25.00'
y o _____ �13026' � �
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N9834'4� l � e� � Nrn.
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LOT 80 i 2� m� i 2S� � 82.83' y� LOT 95
�j7'y �,s.
i i�1 w ,�'i� �o'
i i ��J,
131.50' / s�.ao� f LEGEND
98_5440 E 188.90_J LOT 82 LOT 83 2N LOT 84 PROPEFTY uNE
1529' C�, —- -— CENIERIJNE
z �J ------------ EXISTING EASEMENT LME
�� a� ��il� ( ) RECORO OIMENS�pry T LINE
(TP) TPICAL
PUE PUBLIC IITILIIY ERSEMENT
STE STORM SENER EASEMENT
SSE SRNITARY SEWER EASEMENT
STI)E STORN DRAINAGE ERSEMENT
XTG EXISTING
CUROE OATA NOTES
1. ALL MEASl1REMENTS ARE IN FEET AND DECIMALS THEROF.
CURVE RADIUS DELTA 2. OWNER & PROPRIETOR OF:
C30A N2120'14"W 60.00' 60.00' 62.93' 6000'00' LOT 64 OF TIMBER-H1RST ESTATES �5:
Silvia, Lori E. / 1272 Deer Creek Ridge / Dubuque, IA 52003
C30B N56'30'43"E 88.97' 60.00' 100.22' 95'41'S5' 3. LOT 64 OF PMBER-HYRST ESTATES �5 IS LOCATED IN THE NE7/4 OF SECTION 3,
C30C N24'25'31"W 93.54' 60.00' 107.26' 102'25'36' T88N, R2E, OF THE 5lH P.M., OUBUQUE COUNTY, IOWA.
C30CA N71'08'42"W 9.40' 60.00' 9.41' 8'S9'15" 4. 1H15 PLAT IS SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD.
C30CB N46'25'1B"W 41.99' 60.00' 42.37' 40R7'34' 5. SANITARY SEWER EASEMENTS (SSE) SHOWN ARE FOR THE CONSTRUCPON, MAINIENANCE,
C30CC N 0'17'S3'E 53.53' 60.00' S5.48' S2'S8'48' ANO REPAIR OF THE CITY OF DUBUOUE OKNED SANITARY SEWER RELATED FACILITIES,
C30D N47'43'31"E 42.89' 60.00' 43.95' 41'S2'29• INCLU�ING ACCE55 TO AN� EGRESS FROM SAID FACILITIES.
6. SEE FILE @2017-00004751 FOR FINAL PLAT OF TIMBER-HYRST ESTATES @5.
VACA710N OF PROJECPREPAREO FORO. 18125 �UESINNG 5/21/19 12/3/�910�euILT DRA� BY:
9 � PUBLIC SIWITMY SENER EASEMENT BRIAN & LORI SILNn
LOT 84 AND LOT 8L 12]2 OEER CREEK FIOGE a�INd8R4 AND 3URVdIT1R4 SCALE: CHECKED BY:
71MBER-HYftST ESTAlES OUBUpUE, IA 52003 �����yn����W�'� SEE 9nR SGl£ RK