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Request to Vacate - Lloyd Gudenkauf '. . . I. . :. 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. .' h ~4~/(/ /~~ ". . . . 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 . 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; . 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. . . 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 -)."'1 vQ LOT 2 <"-} "? "'1(1(- -tq ~ ANN ACRES ~ NORTH -:::;--..1 (Jl(Jl Cn~ 01. lO. '-' ,() -1/) 'B-C) r:s.'1 I:) -<l 1? 0 '/V1-- '~.J () ~~ ,<) LOT 3 "1/; ~C ~ "11--,-y "1~ O<"J' LOT 2 o I 50 100 I SCALE: l' = 50' EXISTING 10' v.lDE EASEMENT INST. NO. 2660-78 . LOT 2-2-1-1-1-1 I' J MC LEAN HEIGHTS /1 .~ /\ /1 ~ ~ 1//..// /.'/ /1 '/\ EASOAENT TO BE VACATED jl I I 10' \'I10E EASEMENT - r INST. NO. 2560-78 LOT 1 LOT 2 <S> ( o (I 1- 0;01 ~I .:;\ . 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 . 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 -i- C) C\ ~;~ :=:~ N ll.\ ~,.. '0 ",,~\.-o ; D- i ~- / ,,' U 1..0 C: . \ ;:-0", L 0 ~::,,_l CC -";."i/" -- G c.) C.J . - , , . . . , '. ~ ~ 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. . " .!" . (" 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. s ecti)~ ~~~ DS.~~UF ' ~ S. GUDENKAUF CONSTRUCTION~ . -=r lJ} Q) 0 _52 <( C'l '.- W () > :::c ..:;x: (,-': G) LLi -' t~) 1..0 " - C"' :J .J J '" '- .D W .> :...J ::J CC C> 2:-0 :z: a G c:> . . ' . > 4 J RESOLUTION NO. 567-00 . 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. . 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 . . . . . . . ~ ~ 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. . fJ1, I &0, j); iL MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director 0 0 (,_0: cr-< :::r: "]J C'") C e:..-::: ;Tl f~r i ....) r"~"",\ ('---' , ) '-..f) n ''... ...~-)., ,. c: -.... , i-I ).,. r,) CJ ,.- ('y (]) N c,.;: .