Southgate Ctr 2nd Add Vacate
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MEMORANDUM
November 29, 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, the City does not have a need for the subject
utility easement and recommends approval of the request to vacate.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
/1ItH (/1;,11, /11/1
Micháel c. Van Milligen '--.
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psi hoyos, Acting Public Works Director
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MEMORANDUM
December 6, 2004
FROM:
Michael C. Van Milligen, City Manager
Gus Psihoyos, Acting Public Works Director J2jQ
TO:
SUBJECT: Southgate Center Second Addition - Utility Easement Vacating
A request has been received 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.
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, and the City does not have a need for the subject utility
easement.
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.
I recommend that a public hearing be held and approval be given on the vacating
of 20-foot wide utility easement over and across Lot 1 of 1 of Southgate Center
Second Addition in the City of Dubuque, Iowa.
Prepared by Ronald J. Turner, PLS
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MEMORANDUM
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.
~ JJ h;, /Jt
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, Acting Public Works Director
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MEMORANDUM
November 8, 2004
FROM:
Michael C. Van Milligen, City Manager
Gus Psihoyos, Acting Public Works Director ß.Q
TO:
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
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October 18,2004
Honorable Mayor Terrance Duggan and City Council Members
City Hall
50 West 13th Street
Dubuque, lA 52001-4864
D'nnl, F W,"gh. PEiSE
Ch,""A.C",.PE
G"y D. S,jko". PE
Mlch,,1 A. J"",,". PEiSE
Ron,ld A. B,lm". rEISE'
Joh" M. Tmnm". PLS
Timothy J Tmn,!. PE
John F W,"d"id". PE
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Jom" P. K,,",. PE
Thomo, J 0"", PLS
Wmy A Child,,". PLS
Gootfcy T BI""dln. PE
M"k C Job,on. PE
'U"",edA"'",,,IL.WLMN,SD
Re:
Dan Mueller Utility Easement
Lot 1 of Southgate Center Second Addition
Dubuque, IA
IIW Project No: 04769
Dear Mayor Duggan and City Council Members:
We are requesting on behalf 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 W1derstood to be W1occupied 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,
NGlNE~RS' PC
S eve Fuerst, LS.!.
CiYIlEnginwing
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Dubuque, IA
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INTEGRITY, EXPERTISE. SOLUTIONS,
RESOLUTION NO.
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, 1999, or amended.
Passed, approved and adopted this - day of
,2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
VICINITY MAP
VACATE UTILITY EASEMENT
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Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO, 470-04
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 the 19th da~ of November, 2004, the
City Council of the City of Dubuque, Iowa met on the 6 day of December, 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
6th day of December, 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
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 6th day of December, 2004.
By. /s/ Terrance M. Duggan,. Mayor
By: /s/ Jeanne F. Schneider, City Clerk
PREPARED n
"W ENG'NEERS & SURYEYORS P,C.
"50 PENNSYLVAN<A AYE.
DUBUOUE. 'OWA.
(S6J) 556-2'.'
EXHIBIT" A"
VACATION OF EXISTING 20 FOOT WIDE UTILITY EASEMENT ACROSS
PART OF LOT 1 OF SOUTHGATE CENTER SECOND ADDITION
IN THE CITY OF DUBUQUE. IOWA
t;. -18'21'05"
RAO.-220.00
LENG.-70.46
BRG. S 72"53'30. E
CHD.-70.16'
EXISTING 10'
UTIUTY EASEMENT
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CAP NO, 4850
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GRAPHIC SCALE
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(IN FEET)
DRAWING MAY HAVE BEEN REDUCED
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0 ~r;sVtcl~O%OROf26y,
( ) RECORO INFORMATION
R.O.W, RIGHT-OF-WAY
TOTAL AREA SURVEYED: 56,247 SQ. rT.
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THIS SURVEY IS SUBJECT TD EASEMENTS,
RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY
OF RECORD AND NOT OF RECORD.
IID7I IIW ENGINEERS &
UI£8 SURVEYORS, P.C.
¡o.o. ¡mno'o. W'.oonoln
'155 Ponno,..on'o A~.
D"b"O"o. <A 52002
56J."'.2""
DATE OF SURVEY: OCTOBER 2004
SURVEYED FOR: DAN MUELLER
PROPRIETOR: DUBUQUE SOUTHGATE DEVELOPMENT, Lm
H.,.I "'..n. '"
ORA"" SA!' PLAT NO, .HA-D'
CHECKED ...T PROJ, NO. 04769
DATE '0-14-0' SHEET I of ,
p, ,0<\700\769'0<769\DWO\D4769-VAC