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Timber-Hysrt Place No. 3_Release of Easements Lot 2Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque hitil AN- Amedcacity IF 2007 SUBJECT: Release of Easements and Dedication of Utility, Storm Sewer & Access Easements on Lot 2 of Timber -Hyrst Place No. 3 in the City of Dubuque, Iowa DATE: October 7, 2011 Thomas J. King 111 and Julie M. King, the current owners of Lot 2 of Timber -Hyrst Place No. 3 in the City of Dubuque, Iowa, intend to construct a home on this property which will conflict with the location of the existing City storm sewer, and access and utility easements on this property. The property owners are proposing to relocate the storm sewer at the northwest corner of the lot at their sole expense, and dedicate utility and storm sewer easements to the City and relocate the existing access easement. City Engineer Gus Psihoyos recommends City Council approval to release the existing utility storm sewer and access easements on Lot 2 of Timber -Hyrst Place No. 3. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Masterpiece on the Mississippi TO: FROM: Gus Psihoyos, City Engineer `'", SUBJECT: Release of Easements and Dedication of Utility, Storm Sewer & Access Easements on Lot 2 of Timber -Hyrst Place No. 3 in the City of Dubuque, Iowa Michael C. Van Milligen, City Manager Dubuque hfrd Al-America City IlII1 2007 DATE: October 7, 2011 INTRODUCTION This is in response to a request from Buesing & Associates representing Thomas J. King III and Julie M. King for the release of existing utility, storm sewer and access easements and relocation of same on Lot 2 of Timber -Hyrst Place No. 3 in the City of Dubuque, Iowa. BACKGROUND Thomas J. King III and Julie M. King are the current owners of Lot 2 of Timber -Hyrst Place No. 3 in the City of Dubuque, Iowa, which is located at the north end of Heather Glen in Timber -Hyrst Estates. They intend to construct a home on this property which will conflict with the location of the existing City storm sewer, and access and utility easements on this property. Thomas J. King III and Julie M. King are proposing to relocate the storm sewer at the northwest corner of the lot at their sole expense, and dedicate a utility and storm sewer easements to the City and relocate the existing access easement as shown on the attached plat. DISCUSSION The proposed location of the storm sewer and the type of construction has been reviewed and approved by the Engineering Department. The location of the access easement has been approved by the affected property owner and acknowledged on the plat. RECOMMENDATION Since Thomas J. King III and Julie M. King have agreed to relocate the sewer at their expense and grant the City and abutting property owner a new easement, I would recommend that the matter be held for public hearing on October 17, 2011 and that the City Council approve the request to vacate and release the existing easements. ACTION TO BE TAKEN The City Council is requested to adopt the enclosed resolution to release the existing utility, storm sewer and access easements on Lot 2 of Timber -Hyrst Place No. 3. Prepared by Ron Turner, PLS 2 Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589 -4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589 -4270 RESOLUTION NO. 353 -11 RESOLUTION DISPOSING OF CITY INTEREST IN AN EXISTING TWENTY-FOOT WIDE STORM SEWER AND UTILITY EASEMENT, AND A 25- FOOT WIDE ACCESS EASMENT ON LOT 2 OF TIMBER -HYRST PLACE NO. 3 IN THE CITY OF DUBUQUE, 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 2n day of �G/, 2011, the , it Council of the City of Dubuque, Iowa met on the I.' day of f--, 2011, at 6:30 p.m. in the Historic Federal Building, Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa, to consider the proposal for the sale of real estate described as: An existing 20 -foot wide storm sewer and utility easement established on the Final Plat of Timber -Hyrst Estates No. 2 recorded as Instrument No. 2008 -6368, and a 25 -foot wide access easement established per Instrument No. 2007 -13839 on Lot 2 of Timber -Hyrst Place No. 3 in the City of Dubuque, Iowa, according the recorded plat thereof and as shown on the Plat attached hereto and by reference made a part hereof; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to dispose of 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 disposal of the interest of the City of Dubuque, Dubuque County, Iowa, in real property described as an existing 20 -foot wide storm sewer, utility and access easement established on the Final Plat of Timber - Hyrst Estates No. 2 recorded as Instrument No. 2008 -6368 and established per Instrument No. 2007 -13839 which now encumber Lot 2 of Timber -Hyrst Place No. 3 in the City of Dubuque, Iowa, to Thomas J. King III and Julie M. King be and the same is hereby approved for the cost of publication and filing fees. Section 2. That the proposal to dedicate a 20 -foot wide storm sewer and utility easement and replat the access easement on said property as set out by the owners, be and the same is hereby approved. Section 3. That the Mayor and City Clerk 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 above -named grantees upon receipt of the above fees. Section 4. The cost of vacating the existing access, utility and storm easements and the moving of the storm sewer to the new easement location shall be the sole expense of the owners. Further, the reconstruction and relocation of the storm sewer in the relocated easement shall conform to the City of Dubuque, Iowa, standard specifications for storm sewer. Section 5. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder, and the Dubuque County Auditor. Passed, approved and adopted this 17th day of October 2011. Attest: Kevi ' . Firnstha , City Clerk Roy D. B ol, Mayor 'ACCEPTANCE OF RESOLUTION NO. (we), the undersigned, Thomas J. King III and Julie M. King, having read the terms and conditions of the Resolution No. -11 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this day of 2011. By Thomas J. King III By Julie M. King RELEASE OF EASEMENT AND DEDICATION OF STORM SEWER, UTILITY, AND ACCESS EASEMENT Thomas J. King III and Julie M. King (herein called "Owners ") hereby state that: 1. They are owners of the following described property to wit: Lot 2 of Timber -Hyrst Place No. 3 in the City of Dubuque, Iowa 2. Presently located across such property is an existing 20 -foot wide storm sewer and utility easement established on the Final Plat of Timber -Hyrst Estates No. 2 recorded as Instrument No. 2008 -6368, and a 25 -foot wide access easement established per Instrument No. 2007 - 13839, as identified and located on the "Plat of Access Utility Easement ", prepared by Buesing & Associates dated September 13, 2011, attached hereto, and made a part hereof by this reference. 3. The existing storm sewer, utility and access easement location on Lot 2 of Timber -Hyrst Place No. 3 prohibits the proper location of a structure on the property, and the new easements as located and identified on the attached plat, prepared by Buesing & Associates dated September 13, 2011, and made a part hereof by this reference, will allow the design and location of a structure on the property. 4. Owners wish to vacate the existing access, utility, and storm easements, and relocate a new 20 -foot wide sanitary sewer, utility and 25 -foot wide access easements, as located and described on the attached plat. 5. The cost of vacating the existing access, utility and storm easements and the moving of the storm sewer to the new easement location shall be the sole expense of the owners. Further, the reconstruction and relocation of the storm sewer in the relocated easement shall conform to the City of Dubuque, Iowa, standard specifications for storm sewer. 6. The City of Dubuque, Iowa attach their consent to this Plat of Access, Utility and Storm Sewer Easement, prepared by Buesing & Associates dated September 13, 2011. Dated this 17th day of October , 2011. Attest: Ke n S. Firnstahl, City Clerk _i_rff__/ Roy D. Buol, Mayor NOTICE Of A RNIuC IMAMS OF THE CITY 00ONCIL OF TM COY OF OF ITS WA wi▪ oESTau -woe me MAY fter 411N2 PIACI WIN • Y OF oust a, PUBLIC NOTICE is City Cou the Clay of Dubuque. Iowa, will hold a pubdc hearing on the 17th day of October, a ,maStrtt -6:30 West �pQI eet, Dubuque, lows, at which rn the Ca clt rbpa C to n dispose �heeof an Interest escribed d real property to Thom s .1. King 111 and Julie 11. Kipp. Lot 2 of Timber-Hyrst Place No. 3 In the City of lh+i mea4 p. the City Council will receive oral and w Allen objections front any resident 'or property owner of said City to the above After objections have been received std consi- dered, the qty __Council ne may at this 'tenng or at therea, take additional action for . the interest in such Creal estate above, Or will abandon the proposal. Dated this 7th day of October, 2011. Kevih S. Flrnstahl City Clerk it 10/7 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: October 07, 2011, and for which the charge is $17.66. 4..^- L Z L� Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this ARV day of , 20 // . Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEY Commleelon Number 154 A.. ,A Plat of Access, Utility and Storm Sewer Easement: ACROSS LOT 2 OF TIMBER —HYRST PLACE #3 IN THE CITY OF DUBUQUE, THE NW1 /4 OF SECTION 2, T88N, R2E, (TABLE MOUND TWP.), OF THE 5TH P.M., DUBUQUE COUNTY, IOWA LOT 1 ACCESS AND PUBLIC UTILITY EASEMENT PER INSTRUMENT #2005- 0008018 DATED S88'57.24 308,,03' 5/24/2005 175.54' LOT C TIMBER -HYRST ESTATES #2 HENSCHEL - MCNAMER PLACE, PLAT #3 58.03' 74.46' / NOTE: LOT 2 OF 11MBER-HYRST PLACE #3 IN THE NW1 /4 OF SECTION 2, T8BN, R2E, (TABLE MOUND TWP.), OF THE 5TH P.M., DUBUQUE COUNTY, IOWA to ACCESS AND PUBLIC UTILITY / CT; EASEMENT PER INSTRUMENT / /2" #2007- 0013839 DATED SEPTEMBER 10, 2007 / 7/ ///'•a / // o, // / %; - /N`' HEATHER GLEN 0 1 N3 25' 12.5' / EXISTING ACCESS AND PUBUC 10' U11UTY EASEMENT AND STORM 20' SEWER EASEMENT TO BE VACATED ON LOT 2 TIMBER —HYRST PLACE #3 20' STORM SEWER EASEMENT LOT 2 TIMBER —HYRST PLACE #3 • CURVE CHORD BEARING CHORD RADIUS ARC LENGTH DELTA TANGENT C1 N 6914'52" W 39.51' 60.00' 40.26' 38'26'54" 20.92' C2 N 14'05'19" W 70.42' 60.00' 75.26' 71'52'14" 43.49' N88'57'27 "W 269.35' LOT 29 TIMBER -HYRST ESTATES #2 ,OZ'00Z 3 „Sti3OF.OS LOT C TIMBER -HYRST ESTATES #2 58.03' LOT 1 H SCHEL- MCNAMER PLACE, PLAT #3 ACCESS AND PUBLIC UTILITY EASEMENT PER INSTRUMENT S88'57;24 "E 308.03' 7#2005- 0008018 DATED 5/24/2005 74.46' 175.54' 116.4jia 105.16' Li CIF .../ 409 • 0 ^ NEW ACCESS AND PUBUC a } `'7` 1 0' STORM SEWER UTIUTY EASEMENT AND STORM I o � SEWER EASEMENT ON LOT 2 w II W I EASEMENT TIMBER —HYRST PLACE #3 E I. 1 / 12.5' I�-1 n 25' AG'i ESS AND PUBLIC UTILITY EASEMENT 0 i< LOT 2 • 1/2" REROD (FOUND) \ TIMBER—HYRST (CAPPED, "14417 ", YELLOW) \ PLACE #3 c-1 HEATHER GLEN LEGEND 5/8" REROD (FOUND) (CAPPED, "4016 ", YELLOW) OWNER & PROPRIETOR: EXISTING PROPERTY LINE EASEMENT LINE FORMER PROPERTY LINE ( ) RECORD DIMENSION ROW RIGHT OF WAY PUE PUBLIC UTILITY EASEMENT N88'57'27 "W 269.35' 0' 50' 100' LOT 2 OF TIMBER -HYRST PLACE #3 IS THOMAS J III AND JULIE M KING NOTES 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. 3 IF THIS PLAT DOES NOT THE SURVEYOR'S SIGNATURE IN PURPLE INK, IT IS A COPY AND MAY CONTAIN UNAUTHORIZED ALTERATIONS. THE CERTIFICATION CONTAINED ON THIS PLAT SHALL NOT APPLY TO ANY COPIES. LOT 29 TIMBER -HYRST ESTATES #2 O 01NIANO8 /1 /4 I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PR 'ARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR U I R M DIRECT PERSSNAL SUPERVISION AND THAT I AM A DULY ��� ° °;��% ENSE��LAND Y's' U DER / THE LAWS OF THE STATE OF IOWA. 9: JOHN LWHIIE O t� /3 24,/ = J° 4016 - OHN L. WHITE (DAT '.'LICENSE NUMBER 4016 • * ° ° °° .**°°*''' t MY LICENSE RENEWAL DATE IS DECEMBER 31, 2012 / ,I /l i Ol pN1 \ \�\\ \ \ \\\\\\\ SHEETS COVERED BY THIS SEAL SHEETS 1 & 2 SHEET TITLE PROJECT I NO. 11061 PLAT OF SURVEY PREPARED FOR: NORTH CASCADE ROAD DEVELOPERS, LLC R MARTY MCNAMER 5070 WOLFF RD. DUBUQUE, IA 52002 UESING ASSOCIATES INC. ENGINEERS AND SURVEYORS 1212 LOCUST ST, DUBUQUE, IA (S63) 535 -4359 DATE REVISIONS DRAWN BY: 9/28/10 NWL SCALE: CHECKED BY: 1 "= 100' JLW Surveyor's Certificate Dubuque, Iowa Sheet 2 of 3 , 2011 I hereby certify that the plat shown on sheet 1 of 3 hereof, is a true and correct PLAT OF ACCESS, UTILITY AND STORM SEWER EASEMENT ON LOT 2 OF TIMBER -HYRST PLACE #3 located in the City of Dubuque in the NW1 /4, Section 2, T88N, R2E (Table Mound TWP) of the 5th P.M., Dubuque County, Iowa., according to the recorded plats thereof, subject to easements of record and not of record. I hereby me or State ertify that this land surveying document was prepared and the related survey work was performed by der my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the a. . . • lo, JO" L. WHITE ENSED LAND SURVEYOR REGISTRATION #4016 _Ce Z / DATE REG. RENEWAL 12/31/12 Owner's Consent Dubuque, Iowa , 2011 The foregoing PLAT OF ACCESS, UTILITY AND STORM SEWER EASEMENT ON LOT 2 OF TIMBER - HYRST PLACE #3 located in the City of Dubuque in the NW1 /4, Section 2, T88N, R2E (Table Mound TWP) of the 5th P.M., Dubuque County, Iowa is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of Lot 2 of Timber -Hyrst Place #3 in the City of Dubuque in NW1 /4, Section 2, T88N, R2E (Table Mound TWP) of the 5th P.M., Dubuque County, Iowa. We hereby dedicate the storm sewer and utility easement and shown hereon to the public. State of Iowa County of Dubuque ) ) ) ss: Thomas J. III King Julie M. King On this day of , AD 2011, before me, the undersigned, A Notary Public in and for the State of Iowa, personally appeared Thomas J. III & Julie M King, husband & wife, to me personally known, who, being duly sworn did say that said Thomas J. III & Julie M King acknowledged the execution of said instrument to be their voluntary act and deed voluntarily executed. Witness my hand and Notarial Seal on the date above written. Notary Public in and for the State of Iowa Owner's Consent Dubuque, Iowa , 2011 The foregoing PLAT OF ACCESS, UTILITY AND STORM SEWER EASEMENT ON LOT 2 OF TIMBER - HYRST PLACE #3 located in the City of Dubuque in the NW1 /4, Section 2, T88N, R2E (Table Mound TWP) of the 5th P.M., Dubuque County, Iowa is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of Lot 1 of Henschel - McNamer Place, Plat #3 in the City of Dubuque in NW1 /4, Section 2, T88N, R2E (Table Mound TWP) of the 5th P.M., Dubuque County, Iowa. State of Iowa County of Dubuque ) ) ) ss: Thomas L. Henschel Sheri A. Henschel On this day of , AD 2011, before me, the undersigned, A Notary Public in and for the State of Iowa, personally appeared Thomas L. & Sheri A Henschel, husband & wife, to me personally known, who, being duly sworn did say that said Thomas L. & Sheri A Henschel acknowledged the execution of said instrument to be their voluntary act and deed voluntarily executed. Witness my hand and Notarial Seal on the date above written. Notary Public in and for the State of Iowa Sheet 3 of 3 City of Dubuque Planning Services Dubuque, Iowa, 2011 The foregoing PLAT OF ACCESS, UTILITY AND STORM SEWER EASEMENT ON LOT 2 OF TIMBER - HYRST PLACE #3 located in the City of Dubuque in the NW1 /4, Section 2, T88N, R2E (Table Mound TWP) of the 5th P.M., Dubuque County, Iowa was reviewed and approved by the City of Dubuque Planning Services on the date first written above. Planning Services Departr cent By: Laura Carstens, City Planner City of Dubuque, IA City of Dubuque, Iowa Dubuque, Iowa nc-tohPr 1 7, 2011 The undersigned, Roy D. Buol, Mayor and Kevin Firnstahl, Acting Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing PLAT OF ACCESS, UTILITY AND STORM SEWER EASEMENT ON LOT 2 OF TIMBER -HYRST PLACE #3 located in the City of Dubuque in the NW1 /4, Section 2, T88N, R2E (Table Mound TWP) of the 5th P.M., Dubuque County, Iowa as appears heretofore has been filed in the office of the City Clerk of Dubuque, Iowa on ortnhar 1 7 , 701 1 as resolution • c - and that the City Council of the City of Dubuque, Iowa approves said plat. Dubuque, Iowa Mayor f e s1' of Dubuque, IA Jerk of the ' ity of Dubuque, IA City Assessor's Certificate 2011 The foregoing PLAT OF ACCESS, UTILITY AND STORM SEWER EASEMENT ON LOT 2 OF TIMBER - HYRST PLACE #3 located in the City of Dubuque in the NW1 /4, Section 2, T88N, R2E (Table Mound TWP) of the 5th P.M., Dubuque County, Iowa was entered of record in the Office of the City Assessor of the City of Dubuque, Iowa, on the date first written above. Richard A. Engelken, City Assessor City of Dubuque, IA County Auditor Dubuque, Iowa , 2011 The foregoing plat was entered of record in the office of the Dubuque County Auditor this day of , 2011. We approve of the subdivision name or title to be recorded. Denise M. Dolan County Auditor of Dubuque, Iowa Recorder's Certificate Dubuque, Iowa , 2011 The foregoing PLAT OF ACCESS, UTILITY AND STORM SEWER EASEMENT ON LOT 2 OF TIMBER - HYRST PLACE #3 located in the City of Dubuque in the NW1 /4, Section 2, T88N, R2E (Table Mound TWP) of the 5th P.M., Dubuque County, Iowa, has been reviewed by the Dubuque County Recorder. Kathy Flynn Thurlow Dubuque County Recorder