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