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Carter Rd Deten Basin Vacate Ut D~ ~<k~ MEMORANDUM March 8, 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. I concur with the recommendation and respectfully request Mayor and City Council approval. ~~~/ Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psihoyos, Assistant City Engineer Mike Koch, Public Works Director D~ ~<k~ MEMORANDUM March 8, 2004 FROM: Michael C. Van Milligen, City Manager Gus Psihoyos, Assistant City Engineer .9D- 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. 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 recommend approval of the request to vacate the easement as shown on the attached Exhibit A. Prepared by Ronald J. Turner, PLS cc: Michael A. Koch, Public Works Director Deron Muehring, Engineering Ronald J. Turner, PLS UTILITY VACATE VICINITY MAP ~ NORTH 320 I PRE?AAED BY, BUESING' ASSOCIATEB ADO""""' 1212 LOCUST BTREET, DUBUOOE. IOWA ~ ,,- ~ c c , ~ oc PHONe, ~ ""'*""" PLAT OF SURVEY OF LOT 1 AND LOT 2 OF WHITES PLACE, A DIVISION OF LOT 13 OF WEST RIDGE 2ND ADDITION IN THE CITY OF DUBUQUE. IOWA Lot 1 ,¡ ¡ i\ ~.2S" 'PE -,' va' I '\ ~. 0 "" iF.iP v~.'" ,,"òe -"Ò ~ g Ii ,.; ~ ~ ,. KANE ST. .=.. .. "'- """""""" "". "" '"' """"'" ,""""" ,..."""""'_."""'"""""" """""""""',,,"C~' """"""""""""""""""",,","OUC ., "" '""'" """"""""-""""'" """"'" """"'""'"a",, ..""'"","""""',""""""'""""'- ._""."."""""~""""" """,""""WI"- ,"C """'"""""" """-CD "" ""'"'" """- ,." -" "',",COP", LEGEND " ç ~ oc ~ PROPOSED ACCESS ROAD z 0 " 0 0 < Z ~ :0 ~ '0 ;~ :ê ¡ð ",A,R TAB E", ,/ "" 2 '.'59'" V fLOOD "","E", 0.2" '" SURVEYED ""^ >.767 '" ,/ """"'" CO"""" """,.,,'" """"'.- ""'CD 'I""'" ,,""" w/'<EU.OW ""'""" """"'-u.o,,- ""'" """""'" """"" ""' -" - - ......0< "" " ""' """""" ".., -------"-""""""""""""" ----- 'CHŒR~C ",.1 """""'"........ ,,' """'" """'."" LV "-'SßC '" """"" '....oW ;;' ~.""""-' ~ . 0 ::-i",.. ,... "",. , . ,... , HEREBY C<RnFY THAT THS WID SU"","Ne DOCU"ENT W'" 'R""'ED ,"0 THE RWTED SURVEY WORK W<S ""'Of""!> '" "E OR UNO'" "' œ,ECr PERSON"- SU',"""DN ,"0 THAT I '" A DUI.' UCENSED WID SURVEYOR UNO'" THE VoWS " THE "An: OF - J!>HN L WHITE ---¡¡¡¡¡¡--¡ ""EN" NU"'" ..16 UY U'ENSE 'EN"',,- GAIT . D"C""'" ". '00' '"Ern """"'" B' TH" SEA>. , SHEETS> ., BUESING & ASSOCIATES CONSULTING ENGINEERS 1212 LOCIJST "REET !>UBUOU!:. ID"A "'001 "'" ",-.,., "'VN ", TNP CH"m ", JlV ,,"VE> ..".""", ...00 ""', ""'" eve """"""""SE ""E' I- . ". <;:H¡:-¡:-T 1 n¡:- L1 RESOLUTION NO 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 arnended. Passed, approved and adopted this - day of ,2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO 121-04 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 the City of Dubuque, Iowa on this ~ day of March, 2004, the City Council of the City of Dubuque, Iowa met on the 15th day of March, 2004, at 6:30 p.m. in the Public Library Auditorium, 360 W. 11 th 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 Dubuq).Je, 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. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Ronald J. Turner City of Dubuaue 50 West 13~ Street Dubuaue 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 Instrument 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 office 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.1 0082-76. Passed, approved and adopted this 15th day of March, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk UTILITY VACATE "EXHIBIT A" ~ NORTH 320 I