Release of Easements_Lot 1 of Yiannias PlaceMasterpiece on the Mississippi
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Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
Michael C. Van Milligen
Dubuque
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AJI- AmaicaCity
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Request to Relinquish City Interest in Easements in Lot 1 and Lot 1A of
Yiannias Place
DATE: December 27, 2010
A request has been received from Brian Kane, representing Key City Investment
Company, for the release of easements in Lot 1 Yiannias Place in the City of Dubuque,
Dubuque County, Iowa. City Engineer Gus Psihoyos recommends that a public hearing
be set for January 18, 2011, on disposal of City interest in Easement "B" for sanitary
sewer and Easement "D" for access purposes in Lot 1 and Lot 1A of Yiannias Place and
that a fee be established to cover the cost of publication and filing fees.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Masterpiece on the Mississippi
TO: Michael C. Van Mil!igen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Request to Relinquish City Interest in Easements in Lot 1 and Lot 1A of
Yiannias Place
DATE: December 22, 2010
INTRODUCTION
Dubuque
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NMme ica CITY
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2007
A request has been received from Brian Kane, representing Key City Investment
Company for the release of easements in Lot 1 Yiannias Place in the City of Dubuque,
Dubuque County, Iowa.
DISCUSSION
Lot 1 and Lot 1A of Yiannias Place is the site of the former Cinema Center on John F.
Kennedy Road owned by Key City Investment Company. In preparation for future
development of the site, Key City Investment Company is requesting the City relinquish
any of its interest in easements previously platted on the parcel. Easement "B" in
Yiannias Place was reserved for sanitary sewer purposes. Easement "D" over Yiannias
Place and Hawkeye Highway #20 Place was reserved for "access purposes ". Neither of
these easements was dedicated to the City of Dubuque, but were private easements for
the adjoining property owners.
Lot 1 and Lot 1A is owned by Key City Investment Company. The sanitary sewer within
Lot 1 and Lot 1A is privately owned and maintained by Key City Investment Company.
The City therefore has no plans to utilize said Easement "B" or Easement "D ". Key City
Investment Company's attorney has prepared a quit claim deed for execution by the
City.
RECOMMENDATION
would recommend that the disposal of City interest in Easement "B" for sanitary sewer
and Easement "D" for access purposes in Lot 1 and Lot 1A of Yiannias Place be
approved with a fee established to cover 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 vacating and disposal of Easement "B" and Easement "D"
in Lot 1 and Lot 1A of Yiannias Place through the adoption of the enclosed resolution.
Prepared by Ron Turner, PLS
cc: Barry Lindahl, City Attorney
Ron Turner, PLS
RESOLUTION NO. 6 -11
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN EASEMENT
"B" AND EASEMENT "D" IN LOT 1 AND LOT 1A OF YIANNIAS PLACE, IN
THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Key City Investment Company has requested the vacating and
disposal of Easement "B" and Easement "D" in Lot 1 and Lot 1A of Yiannias
Place; and
Whereas, the City Council finds that the request should be granted.
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 in
Easement "B" and Easement "D" in Lot 1 and Lot 1A of Yiannias Place in the City
of Dubuque, Dubuque County, Iowa.
Section 2. That the release of Easement "B" and Easement "D" in Lot 1
and Lot 1A of Yiannias Place in the City of Dubuque, Dubuque County, Iowa, to
Key City Investment Company be contingent upon the payment of the publication
and filing fees.
Section 3. That the City Clerk be and is hereby authorized and directed to
cause a notice of intent to dispose of said interest to be published in the manner
as prescribed by law.
Att s
Jeanne F. Schneider, CMC, City Clerk
Passed, approved and adopted this 3rd
day of
uary , 2011.
Roy D. Buol, Mayor
Brian J. Kane
Les V. Reddick*
Brad J. Heying
Todd L. Stevenson*
Kevin T. Deeny **
Bradley B. Kane
Joseph P. Kane
Nicholas J. Kane
All admitted in Iowa
*Also admitted in Illinois
* *Also admitted in Wisconsin
Mr. Gus Psihoyos, City Engineer
City of Dubuque Department of Engineering
City Hall
50 W. 13th Street
Dubuque, IA 52001
Dear Gus:
KANE, NORBY & REDDICK, P.C.
ATTORNEYS
2100 ASBURY ROAD, SUITE 2
DUBUQUE, IA 52001 -3091
November 24, 2010
RE: YIANNIAS PLACE - EASEMENT "D"
Retired:
Gary K. Norby
Phone: (563) 582 -7980
Facsimile: (563) 582 -5312
E -mail: bkane @kanenorbylaw.com
We are counsel for Key City Investment Company. We are inquiring, on behalf of our client,
with respect to a vacation or termination of an easement. A plat showing the exact location and
dimensions of this easement is attached hereto for your reference. We note that the easement in
question has been darkened on the plat. This property is the site of the former Cinema Center 8
building, which as you know has been demolished. Our client is in the process of making
preparations for the future development of this site, and has concerns about the presence of Easement
"D" thereon. The path of the easement follows a line adjacent to the site where the former Cinema
Center 8 was previously erected. Now that the Cinema Center 8 has been torn down, and the site
has been rezoned, the easement is a potential obstruction to the development of the site by our client.
While the property remains in the development stage, our client requests that the City relinquish any
of its interests in Easement "D," or alternatively, agree to the temporary suspension or relocation
thereof, so that all development options for the site may be fully pursued in order to put the site to
the highest possible use.
Please contact the undersigned to discuss this matter. It is our hope that the City will agree
that the development of this site is in the best interest of all parties. We look forward to hearing
from you. If you have any questions or concerns regarding this matter, please feel free to contact the
undersigned directly. Thank you.
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Masterpiece on the Mississippi
Easement "D"
for Access Purposes
a-
Easement "B"
for Sanitary Sewer
r
DISCLAIMER: This Information was complied
using the Dubuque Area Geographic Information System
(DAGIS), which includes data created by both the City of
Dubuque and Dubuque County. It Is understood that, while
the City Of Dubuque and participating agencies utilized the
most current and accurate information available, DAGIS and
it's suppliers do not warrant the accuracy or currency of the
information or data contained herein. The City and participating
agencies shall not be held liable for any direct, Indirect, incidental,
consequential, punitive, or special damages, whether foreseeable or
unforeseeable, arising out of the authorized or unauthorized use of
this data or the inability to use this data or out of any breach of
warranty whatsoever.
200
Yiannias Place
Release Easements
Vicinity Map, Dubuque, Iowa, 2010
1 inch = 200 feet
100 0
200 Feet
WE
produce of
DAGIS
DURUOUE ARIA GEOGRAPHIC INFORMATION SYSTEM
Map Prepared by TWt(
City of Dubuque
Engineering Division
50 West 13th Street
Dubuque, Iowa 52001
Phone: (563) 589 -4270
Fax: (563) 589 -4205
H: \Engineering\Maps for Staff
(Ron Tumer\Vicinity Maps