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Release of Easements_Lot 1 of Yiannias PlaceMasterpiece on the Mississippi MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Michael C. Van Milligen Dubuque bfriti 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 katitild NMme ica CITY ' !jJ1 I 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. .Y /a$ 4.03 Ar.CE � - 1,• TWE CITY w !e DLAUOUE. TIIN R i��.ls %M - .COT 4 pF "Y /4AW44.5 Pi/ac - /N C,rr o, Duouous I'W4 THE CITY OF DUB 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