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Release of Easements for Lot 1 of Yiannias Place_HearingMasterpiece on the Mississippi Dubuque hitri AM- Amedcaan► , m 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Request to Relinquish City Interest in Easement in Lot 1 and Lot 1A of Yiannias Place DATE: January 7, 2011 City Engineer Gus Psihoyos is recommending that a public hearing be set for February 7, 2011 for the disposal of Easement "B" and Easement "D" in Lot 1 and Lot 1A of Yiannias Place in the City of Dubuque. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:lw Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Micha f C. Van Milligen Masterpiece on the Mississippi TO: FROM: Gus Psihoyos, City Engineer .�J SUBJECT: Request to Relinquish City Interest in Easements in Lot 1 and Lot 1A of Yiannias Place Michael C. Van Milligen, City Manager DATE: January 10, 2011 INTRODUCTION Dubuque `:ilkild AN- America City III II 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. The fee for 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 would be the cost of publication and filing fees. ACTION TO BE TAKEN The recommendation of the City Manager should be approved and a public hearing be held on the 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 Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589 -4270 Returned to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589 -4270 RESOLUTION NO. 22 -11 RESOLUTION DISPOSING 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, 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 7th day of January , 2011, the City Council of the City of Dubuque, Iowa met on the 18th day of January , 2011, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6 th Street, Dubuque, Dubuque County, Iowa to consider the Release of Easements on and over real estate described as: Lot 1 and Lot 1A of Yiannias Place in the City of Dubuque, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the release of easements of City of Dubuque interest in Easement "B" for sanitary sewer and Easement "D" for access purposes in real estate described as Lot 1 and Lot 1A of Yiannias Place in the City of Dubuque, Dubuque County, Iowa, to Key City Investment Company be and the same is hereby approved for the sum of the publication and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Key City Investment Company upon receipt of the publication and filing fees paid in full. 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. Attest Passed, approved and adopted this 18th day of January, 2011. Jeanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor THE IOWA STATE BAR ASSOCIATION Official Form No. 106 Brian J. Kane FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER sTAZ, A lt' Iti 1' 7 • crAs For the consideration CITY OF DUBUQUE, IOWA QUIT CLAIM DEED of Ten ($10.00) Dollar(s) and other valuable consideration, do hereby Quit Claim to KEY CITY INVESTMENT COMPANY all our right, title, interest, County, estate, Iowa: in and in the claim and demand in Lots 1 and lA of Yiannias including but not limited [Exempt from transfer Each of the undersigned to the real estate. Words singular or plural number, CITY OF DUB Q By , the following to tax and and , 10 described real estate in Dubuque Place in the City of Dubuque, Iowa, according Easement "B" and Easement "D." - Consideration less than $500. Iowa Code Section • hereby relinquishes all rights of dower, homestead phrases herein, including acknowledgment hereof, as masculine or feminine gender, according to A Dated: to the recorded plat thereof, 428A.2(21)] and distributive share shall be construed as the context. January `X', 2011 Roy D. B Mayor (Grantor) (Grantor) (Grantor) • (Grantor) (Grantor) STATE OF IOWA , COUNTY OF DT }„T ,QI,E (Grantor) , by Roy D. Hilo] as This instrument was acknowledged Mayor of the City of Dubuque, before me on January / 2011 , Iowa _.t ! ■0!i ✓. ',&..----'4-J :l_ +f; Public ��L• b 4o,. ,., ...„- JEANNE F. SCHNEIDER COMMISSION NO. 709027 MY COMMISSION EXPIRES 3/26/13 © The Iowa State Bar Association 2007 Quit Claim Deed IOWADOCS® Revised January 2005 QUIT CLAIM DEED THE IOWA STATE BAR ASSOCIATION Official Form #106 Recorder's Cover Sheet ci AN S Preparer Information: (Name, address and phone number) Brian J. Kane, 2100 Asbury Road, Suite 2, Dubuque, IA 52001, Phone: (563) 582 - 7980 Taxpayer Information: (Name and complete address) Key City Investment Company, P.O. Box 3127, Dubuque, IA 52004 - 3127 Return Document To: (Name and complete address) Brian J. Kane, 2100 Asbury Road, Suite 2, Dubuque, IA 52001, Phone: (563) 582 -7980 © The Iowa State Bar Association 2005 IOWADOCS® Grantees: Grantors: City of Dubuque, Iowa Key City Investment Company Legal description:See Page 2 Document or instrument number of previously recorded documents: