Carter Rd Detent Basin Easement
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MEMORANDUM
February 23, 2004
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Vacating Petition - Utility Easement
Assistant City Engineer Gus Psihoyos is recommending the vacation of a utility
easement in the area of the embankment for the Carter Road Detention facility to
ensure the structural integrity of the embankment. The City has no need for the subject
utility easement and the utility companies have been notified and have not objected to
the vacating request. It is further recommended that the vacating of the easement be
set for public hearing on March 15,2004.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michael C. Van Milligen ............
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, Assistant City Engineer
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MEMORANDUM
February 23, 2004
FROM:
Michael C. Van Milligen, City Manager n~
Gus Psihoyos, Assistant City Engineer ...7J~""'"
TO:
SUBJECT: Vacating Petition - Utility Easement
INTRODUCTION
This is a request from the City of Dubuque Engineering Division for the vacating
of a utility easement in the area of the embankment for the Carter Road
Detention facility in the City of Dubuque, Iowa.
DISCUSSION
The attached Exhibit A shows the area of the proposed easement to be vacated.
The abutting property, except the easterly 10 feet, is either owned or is in the
process of being acquired by the City of Dubuque.
This 10-foot wide utility easement was originally platted as part of Lot 13 of West
Ridge 2nd Addition. A portion of Lot 13 of West Ridge 2nd Addition was
purchased for the Carter Road Detention Facility. The parcel was replatted into
Lots 1 and 2 of Whites Place, with the City purchasing Lot 2. Since the
previously platted easement area lies under the proposed embankment, the
vacating of the utility easement is necessary to ensure the structural integrity of
the embankment. Utility companies and other City departments have been
notified and have not objected to the 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 March 15,2004.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and a public
hearing should be scheduled on the release of the easement through adoption of
the enclosed resolutions.
Prepared by Ronald J. Turner, PLS
cc: Michael A. Koch, Public Works Director
Deron Muehring, Engineering
Ronald J. Turner, PLS
UTILITY VACATE
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PLAT OF SURVEY OF LOT 1 AND LOT 2 OF WHITES PLACE,
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RESOLUTION NO 82-04
RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND VACATE
A UTILITY EASEMENT OVER LOT 2 OF WHITES PLACE IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, the City of Dubuque is the current owner of Lot 2 of Whites
Place in the City of Dubuque, Dubuque County, Iowa; and
Whereas, an unused utility easement is currently platted on said lot; and
Whereas, the City of Dubuque 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 a utility easement over Lot 2 of Whites Place 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 1st day of March
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO
RESOLUTION DISPOSING OF INTEREST AND VACATE A UTILITY
EASEMENT OVER LOT 2 OF WHITES 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 t!1e City of Dubuque, Iowa on this - day of , 2004,
the City Council of the City of Dubuque, Iowa met on the - day of ,
2004, at 6:30 p,m. in the Public Library Auditorium, 360 W. 11th Street, Dubuque,
Dubuque County, Iowa to consider the proposal for the release of real estate
described as:
Utility easement on Lot 2 of Whites Place 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 a utility easement on Lot 2
of Whites Place in the City of Dubuque, Iowa as shown on Exhibit A be and the
same is hereby approved.
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 the City of Dubuque.
Passed, approved and adopted this - day of
,2004,
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
Prepared by: Ronald j, Turner City of Dubuque 5D West 13'" StreeL Dubuque Iowa (563) 589-4270
RELEASE OF UTILITY EASEMENT
Whereas, a Utility Easement in Lot 13 of West Ridge 2nd Addition in the
City of Dubuque, Iowa, now known as Lot 2 of Whites Place, was filed in the
office of the Recorder of Dubuque County, Iowa, as Instrurnent No. 10082-76;
and
Whereas, by the actual location of utility services the easement now in Lot
2 of Whites Place 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 a
utility easement in Lot 2 of Whites Place in the City of Dubuque, Iowa, as shown
on attached Exhibit A, previously filed as Instrument No. 10082-76, in the Dffice
of the Recorder of Dubuque County, Iowa; however, this Release in no way
releases, vacates, abandons, or discharges any other easement shown in Lot 13
of West Ridge 2nd Addition in the City of Dubuque, Iowa, filed in the office of the
Recorder of Dubuque County, Iowa, as Instrument No. 10082-76.
Passed, approved and adopted this - day of
,2004.
Terrance M, Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
UTILITY VACATE
"EXHIBIT A"
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