Request to Vacate - Lloyd Gudenkauf
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Prepared bv Ron Turner, City Enaineerina. 50 W. 13th Street. DubuQue. IA 52001-4864.319-589-4270
RESOLUTION NO. 588-00
RESOLUTION DISPOSING OF INTEREST AND VACATE A 10-FOOT WIDE
UTILITY EASEMENT OVER LOT 1 BLOCK 4 PATRICIA ANN ACRES 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 24th day of November , 2000, the City Council of the City
of Dubuque, Iowa met on the 4th day of December ,2000, at 6:30 p.m.
in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque, County, Iowa to
consider the proposal for the release of real estate described as:
A 1 O-foot wide utility easement on Lot 1 Block 4 Patricia Ann Acres in the City of
Dubuque, 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 BYTHE 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 1 O-foot wide utility easement on Lot 1 Block
4 Patricia Ann Acres in the City of Dubuque, Iowa, 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 Lloyd S. Gudenkauf, upon receipt of the above fees.
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Section 3. 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 Dubuque County Auditor.
Passed, approved and adopted this 4th
Terrance M. Duggan, Mayor
Attest:
Jeanne Schneider
City Clerk
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RELEASE OF EASEMENT
WHEREAS, the plat of Patricia Ann Acres in the City of Dubuque, Iowa, was filed
in the office of the Recorder of Dubuque County, Iowa as Instrument No. 2660-78; and
WHEREAS, by said plat, the proprietors dedicated to the public utility easement
along the property lines of Lot 1 Block 4 Patricia Ann Acres in the City of Dubuque, Iowa,
which a 1 O-foot wide 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 west property line of said Lot 1 Block 4 Patricia
Ann Acres as shown on attached Exhibit A is no longer required;
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NOW, THEREFORE, forvaluableconsideration, the undersigned, City of Dubuque,
Iowa, does hereby forever release, vacate, abandon and discharge the utility easement
along the west property line of Lot 1 Block 4 Patricia Ann Acres in the City of Dubuque,
Iowa, as shown upon the plat of Patricia Ann Acres in the City of Dubuque, Iowa, and filed
as Instrument No. 2660-78 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 on the plat of Patricia Ann Acres in the City of Dubuque, Iowa, filed in the
officer of the Recorder of Dubuque County, Iowa, as Instrument No. 2660-78.
Dated this
4th
day of
December
,2000.
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PREP"'RED By,
IIW ENGINEERS &: SURVEYORS P.C.
4155 PENNSYLVANIA AVE.
DUBUQUE. IQW....
(JI9) 556-2464
EXHIBIT "A"
LOT 1
EASEMENT VACATION
OF BLOCK 4 OF PATRICIA
DUBUQUE. IOWA
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SCALE: l' = 50'
EXISTING 10'
v.lDE EASEMENT
INST. NO. 2660-78
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LOT 2-2-1-1-1-1 I' J
MC LEAN HEIGHTS /1
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EASOAENT TO BE VACATED jl
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10' \'I10E EASEMENT - r
INST. NO. 2560-78
LOT 1
LOT 2
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LEGEND
. FOUNO 5/11' RE-BAR \'11TH
CAP NO. 41150 UNLESS NOTED
. FOUND I' PIPE UNLESS NOTED
R.O.W. RIGHT-OF-WAY
(0.00) RECORD INFORl.lA nON
PROPRIETORS:
LLOYD S. GUDENKAUF
10816 CASCADE DRIVE
DUBUQUE, IOWA 52003
DATE PREPARED: 10-16-00
nIn'J IlW ENGINEERS &
II&g SURVEYORS, INC.
NO rES:
1 DIS r ANCES SHOWN ARE IN FEET ANa
DECIMALS TtiEREOF.
Iowa, IlIinoi:s. Wisconsin
4155 Penns~...onio A....e.
Dubuque. IA 52002
319.556.2464
Cuttenberg, IA . HOlel Green, 'Nt
DRAYoN SAF PLAT NO. 12J-I"'-00
CHECKEO TJO PROJ. NO. _00085-0J
OATE 10-16-00 SHEEL! of 2
P: \00\085-0J\00085-01 \DWG\DOC85-0JL 1
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CITY OF DUBUQUE, IOWA
MEMORANDUM
November 15, 2000
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacating Petition - Utility Easement
Public Works Director Mike Koch is recommending that a public hearing be set for December 4,
2000, to consider vacation of a utility easement.
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
Tim Moerman, Assistant City Manager
Michael A. Koch, Public Works Director
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CITY OF DUBUQUE, IOWA
MEMORANDUM
November 9, 2000
TO: Michael C. Van Milligen, City Manager
FROM: Michael A. Koch, Public Works Director Jf..L ;(J
SUBJECT: Vacating Petition - Utility Easement
INTRODUCTION
This is in response to a request from Lloyd S. Gudenkauf for the vacating of a 10-foot
wide utility easement in the City of Dubuque, Iowa.
DISCUSSION
The attached Exhibit A shows the area of the proposed 1 O-foot wide utility easement
to be vacated. The property is owned by Lloyd S. Gudenkauf.
Lloyd S. Gudenkauf is the owner of Lot 1 Block 4 Patricia Ann Acres in the City of
Dubuque, Iowa. In order to subdivide this lot and combine it with abutting property
to the west, Lloyd S. Gudenkauf is proposing to vacate the existing 10-foot wide
utility easement. This will allow for subdividing the area into buildable lots. Lloyd S.
Gudenkauf has obtained the written consent of People's Natural Gas, AT&T
Broadband, Qwest, and Interstate Power Company.
RECOMMENDA TION
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 4, 2000.
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
resolutions.
MAK/vjd
Prepared by Ron Turner, P.L.S.
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(" t,ovember, 2000
Konorable Mayor and Council Members
I am requesting a vacation of an easement for utilities on the
Westerly lot line of Lot 1 , Block 4 of Patricia Ann Subdivision.
I purchased additional property to make this irregular lot
into two rectangular usable lots. 1'he new easements have been plotted.
All necessary signatures from the utility companies have been
received and approved by them.
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S. GUDENKAUF CONSTRUCTION~
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RESOLUTION NO. 567-00
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RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND VACATE UTILITY
EASEMENT OVER LOT 1 BLOCK 4 PATRICIA ANN ACRES IN THE CITY OF
DUBUQUE, IOWA, DUBUQUE COUNTY, IOWA
Whereas, Lloyd S. Gudenkauf is the current owner of Lot 1 Block 4 Patricia Ann
Acres; and
Whereas, a 1 O-foot wide utility easement is currently platted on the westerly side of
said lot; and
Whereas, Lloyd S. Gudenkauf 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 10-foot wide utility easement over Lot 1 Block 4 Patricia Ann Acres in the City of
Dubuque, as shown on the attached Exhibit A.
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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 amended.
Passed, approved and adopted this
Attest:
eanne F. Schneider, City Clerk
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CITY OF DUBUQUE, IOWA
MEMORANDUM
November 29, 2000
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacating Petition - Utility Easement
In response to a request from Lloyd Gudenkauf, Public Works Director Mike Koch is
recommending vacation of a 10- foot wide utility easement at Lot 1, Block 4 of Patricia Ann
Acres. The City has no use for the easement.
I concur with the recommendation and respectfully request Mayor and City Council approval.
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MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Michael A. Koch, Public Works Director
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