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Vacate Southgate Center 2nd AddMEMORANDUM November 8, 2004 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Southgate Center Second Addition - Utility Easement Vacating A request has been received from IIW Engineer & Surveyors, P.C., representing Dan Mueller, to vacate a 20-foot wide utility easement over and across Lot 1 of 1 of Southgate Center Second Addition in the City of Dubuque, Iowa. The property is owned by Dubuque Southgate Development, Ltd. Acting Public Works Director/City Engineer Gus Psihoyos states that no utilities have been installed in the area to be vacated, recommends approval of the request to vacate and that a public hearing be set for December 6, 2004. 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, Acting Public Works Director MEMORANDUM November 8, 2004 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, Acting Public Works Director ß.Q SUBJECT: Southgate Center Second Addition - Utility Easement Vacating INTRODUCTION This is in response to a request from IIW Engineers & Surveyors, PC representing Dan Mueller for the vacating of a 20-foot wide utility easement over and across Lot 1 of 1 of Southgate Center Second Addition in the City of Dubuque, Iowa. DISCUSSION The attached Exhibit A shows the area of the proposed 20-foot wide utility easement to be vacated. The property is owned by Dubuque Southgate Development, Ltd. In order to provide for more buildable area on Lot 1 of 1 of Southgate Center Second Addition, Dubuque Southgate Development, Ltd. is proposing to vacate the existing 20-foot wide utility easement. No utilities have been installed in the area to be vacated. The easement proposed to be vacated was established during the initial platting of Southgate Center in 1991. Subsequent replatting has established an adjacent easement along a lot line perpendicular to Stonehill Drive that will serve the area. The owner has notified the utility companies of this vacate. 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 December 6, 2004. ACTION TO BE TAKEN The recommendation of the City Manager should be approved and a public hearing should be scheduled on the disposal of the property through adoption of the enclosed resolution. Prepared by Ronald J. Turner, PLS October 18, 2004 Honorable Mayor Terrance Duggan and City Council Members City Hall 50 West 13th Street Dubuque, IA 52001-4864 Re: Dan Mueller Utility Easement Lot 1 of Southgate Center Second Addition Dubuque, IA IlW Project No: 04769 Dear Mayor Duggan and City Council Members: We are requesting on beha1f of Dan Mueller the vacation of an existing 20' wide utility easement that crosses Lot I of Southgate Center Second Addition in the City of Dubuque, Iowa. The easement is understood to be unoccupied and through a re-platting new easements have been established to accommodate future utilities. Please see the attached exhibit "A" which shows the proposed vacation area. Sincerely, Steve Fuerst, L.S.I. RESOLUTION NO. 429-04 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF UTILITY EASEMENT OVER LOT 1 OF 1 OF SOUTHGATE CENTER SECOND ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Dubuque Southgate Development, Ltd. is the current owner of Lot 1 of 1 of Southgate Center Second Addition; and Whereas, a 20-foot wide utility easement is currently platted on said lot; and Whereas, Dubuque Southgate Development, Ltd. has petitioned to vacate the easement in said lot; and Whereas, Dubuque Southgate Development, Ltd. has platted an alternate easement on adjacent property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to vacate and dispose of its interest in the existing 20-foot wide utility easement over Lot 1 of 1 of Southgate Center Second Addition in the City of Dubuque, Dubuque County, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to vacate and dispose of said real estate as prescribed under Section 364.7 Code of Iowa. Passed, approved and adopted this 15th day of November, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. RESOLUTION DISPOSING OF CITY INTEREST AND VACATING A 20- FOOT WIDE UTILITY EASEMENT OVER LOT 1 OF 1 OF SOUTHGATE CENTER SECOND ADDITION 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 , 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 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: A 20-foot utility easement over and across Lot 1 of 1 of Southgate Center Second Addition 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 interest of the City of Dubuque, Dubuque County, Iowa, in real property described as a 20-foot utility easement over and across Lot 1 of 1 of Southgate Center Second Addition in the City of Dubuque, Dubuque County, Iowa, to Dubuque Southgate Development, Ltd. be and the same is hereby approved for the cost of publication and filing fees. 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 Dubuque Southgate Development, Ltd. upon receipt of the above fees. 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. 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, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RELEASE OF EASEMENT WHEREAS, the plat of Southgate Center in the City of Dubuque, Iowa, was filed in the office of the Recorder of Dubuque County, Iowa, as Instrument No. 138-91; and WHEREAS, by said plat, the proprietors dedicated to the public utility easement along the property lines of Lots 3 and 4 of Southgate Center, now platted as Lot 1 of 1 of Southgate Center Second Addition in the City of Dubuque, Iowa, which a 20-foot utility easement is set forth and appears on said plat; and WHEREAS, by the actual location of all utility services and the other easements shown on said plat the easement along the property lines of said Lots 3 and 4 of Southgate Center, now platted as Lot 1 of 1 of Southgate Center Second Addition as shown on attached Exhibit A is no longer required; and NOW THEREFORE, for valuable consideration, the undersigned, City of Dubuque, Iowa, does hereby forever release, vacate, abandon, and discharge the utility easement along the property lines of Lots 3 and 4 of Southgate Center, as shown upon the plat of Southgate Center in the City of Dubuque, Iowa, and filed as Instrument No. 138-91 in the office of the Recorder of the Dubuque County, Iowa, now platted as Lot 1 of 1 of Southgate Center Second Addition in the City of Dubuque, Iowa; however, this Release in no way releases, vacates, abandons, or discharges any other easement shown on the plat of Southgate Center in the City of Dubuque, Iowa, filed in the office of the Recorder of Dubuque County, Iowa, as Instrument No. 138-91. Dated this day of, 2004. By: Terrance M. Duggan, Mayor By: Jeanne F. Schneider, CMC, City Clerk