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Emerald Acres Vacate Sewer Easement N. Boyes ~~~E ~~~ MEMORANDUM June 13, 2005 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Vacating Petition - Sanitary Sewer In response to a request from Nathan Boyes to vacate a sanitary sewer easement in the City of Dubuque, City Engineer Gus Psihoyos states that the City has no need for the sanitary sewer easement proposed to be vacated, recommends approval of the request to vacate, and recommends that a public hearing be set for July 5, 2005. I concur with the recommendation and respectfully request Mayor and City Council approval. }). I J/ "1. ()~ / tu " ,/ rM:1'? Michael C. Van MiIIigen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer .,J f l , i \; ."~ ,__) ~j...J ~~~E ~~~ MEMORANDUM June 14,2005 FROM: Michael C. Van Milligen, City Ma~~ Gus Psihoyos, City Engineer _7 ~ Vacating Petition - Sanitary Sewer TO: SUBJECT: INTRODUCTION This is in response to a request from Nathan Boyes for the vacating of sanitary sewer easement in the City of Dubuque, Iowa. DISCUSSION The attached Exhibit A shows the area of the proposed sanitary sewer easement to be vacated. The property is owned by Nathan Boyes. In order to construct a series of duplexes on said Lot 29, the existing sanitary sewer stub needs to be relocated and the associated easement vacated. Nathan Boyes, the owner of Lot 29 who also has an accepted offer to purchase Lot 17 of Emerald Acres No.2, has submitted an alternate route for the existing sewer. This alternate route has been engineered by IIW Engineers & Surveyors, PC and approved by Ed Tschiggfrie, representing the developer, T-Corp. New easements for the proposed relocation have already been recorded. RECOMMENDATION The City does not have a need for the sanitary sewer easement proposed to be vacated, 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 July 5, 2005. 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. Prepared by Ron Turner, PLS RESOLUTION NO. 278-05 RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND VACATE SANITARY SEWER EASEMENT OVER PART OF LOT 29 EMERALD ACRES NO.2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Nathan Boyes is the current owner of Lot 29 Emerald Acres No. 2; and Whereas, a sanitary sewer easement is currently platted on said lot; and Whereas, Nathan Boyes has petitioned to vacate a portion of 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 portion of a sanitary sewer easement over Lot 29 Emerald Acres No. 2 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 20th day of June, 2005. 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 RESOLUTION NO. RESOLUTION DISPOSING OF INTEREST AND VACATE A PORTION OF A SANITARY SEWER EASEMENT OVER LOT 29 EMERALD ACRES NO. 2 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 this _ day of , 2005, the City Council of the City of Dubuque, Iowa met on the day of , 2005, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the release of real estate described as: A portion of a sanitary sewer easement on Lot 29 Emerald Acres No. 2 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 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 a portion of a sanitary sewer easement on Lot 29 Emerald Acres NO.2 in the City of Dubuque, Iowa, as shown on the attached Exhibit A 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 Nathan Boyes, 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. 2005. Attest: Passed, approved and adopted this Jeanne F. Schneider, CMC, City Clerk day of Terrance M. Duggan, Mayor RELEASE OF SANITARY SEWER EASEMENT WHEREAS, an Easement Plat for Sanitary Sewer over Lot 29 Emerald Acres No. 2 in the City of Dubuque, Iowa, was filed in the office of the Recorder of Dubuque County, Iowa, as 27262-03; and WHEREAS, by said plat, the proprietors established a sanitary sewer easement along the north property line of Lot 29 Emerald Acres NO.2 in the City of Dubuque, Iowa, which a sanitary sewer easement is set forth and appears on said plat; and WHEREAS, by the actual location of the sanitary sewer shown on said plat a portion of the easement along the north property line of said Lot 29 Emerald Acres NO.2 as shown on attached Exhibit A is no longer required. NOW THEREFORE, for valuable consideration, the undersigned, City of Dubuque, Iowa, does hereby forever release, vacate, abandon and discharge a portion of the sanitary sewer easement along the north property line of Lot 29 Emerald Acres No. 2 in the City of Dubuque, Iowa, as shown upon the plat filed as 27262-03 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 easement, filed in the office of the Recorder of Dubuque, County, Iowa, as 27262-03. Passed, approved and adopted this day of 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk r ~ \1 EASEMENT (-- VACATE AREA i \ , , , , \ SAPPHIRE CI LE , TAlllANITE DRIVE I r ) VICINITY MAP 1" = 1200' [ ~ ~ NORTH EXHIBIT A EASEMENT VACATION LOT 29 EMERALD ACRES NO.2 June 1, 2005 Ron Turner City of Dubuque To Whom It May Concern: Please accept this letter as my official request to vacate the easement currently located on Lot 29, Emerald Acres No.2, as noted on the enclosed map. I am currently the owner of Lot 29 and am also the owner of Lot 17, which adjoins Lot 29 to the North. By vacating the easement on Lot 29 and moving it mostly on to Lot 17, I am able to complete the construction of a townhouse on Lot 29. Sincerely, ~~ Nathan Boyes ~ PREPARED BY: IIW ENGINEERS &: SURVEYORS P.C. 4155 PENNSYLVANIA AVE. DUBUQUE. IOWA. (563) 556-2464 EXHIBIT "A" SANITARY SEWER EASEMENT VACA~ON LOT 29 EMERALD ACRES NO. 2 \ \ EXISTING 10' WIDE UTILITY I- EASEMENT I \ \ LOT 17 EXISTING SANITARY SEWER EASEMENT W ....J () ~ () W ~ :::c 0.. 0.. <{ (f) -- \ \ \ \ LOT 29 [T1 \ 20' EXISTING SANITARY SEWER AND/OR WATER EASEMENT ~ NORTH LEGEND rT'I771 IIW ENGINEERS & uu. SURVEYORS, P.C. GRAPHIC SCALE o 30 60 ~ . FOUND 5/8" IRON ROD W/ PLASTIC CAP NO. 12631 1" = 30' DRAWING MAY HAVE BEEN REDUCED TO BE V ACA TED ~ lowe. Illinois. Wisconsin 4155 Penns)4vonlc Ave. Dubuque. IA 52002 563.556.2464 Hazel Green, WI ORAWN T.J.O. 31-IA-05 PLAT CHECKEO T,J.O. PROJ. NO. 05113-01 OATE 05-12-05 SHEET 1 of 1 P: \05\113\113-01 \05113-01 \OWG\EASEVAC.OWG /~ OWNER'S CONSENT Dubuque, Iowa ,200_1 The foregoing vacation of part of a sanitary sewer easement lying within Lot 29 of Emerald Acres No.2 in the City of Dubuque, Iowa as shown on attached Exhibit "A" is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate. N~:2~ ~--Ifl:Zm/'(J 2 . . fer oyes () STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: On this a day of b~ ' 20Q::>, before me, the undersigned, a Notary Public in and for the State ofIowa, person ly appeared Nathan B. Boyes and Jennifer M. Boyes, to me known to be the persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. wa CITY COUNCIL Dubuque, Iowa ,200_ The undersigned Mayor and Clerk ofthe City of Dubuque, Iowa do hereby certify that the foregoing Exhibit "A" as appears on sheet 1 of 1 hereof has been filed in the office ofthe Clerk of the City of Dubuque and that by Resolution No. of the Dubuque City Council approved said vacation. Mayor of the City of Dubuque Clerk of the City of Dubuque C'N:; EQ~e\vl {'VI 1- / "",--./'-- Imllll~m~II~IIIIIII~lmlml~~I~IIIII~III~III~llml~III~1 Doc 10: 005168160003 Tvpe: PLA Recorded: OS/23/2'005 at 01: 52: 45 PM Fee Amt: $17.00 PaRe 1 of 3 Dubuque County Iowa Kathy Flynn Thurlow Recorder File2005-0000793q PREPARED BY: IIW ENGINEERS & SURVEYORS P.C. 4155 PENNSYLVANIA AVE. DUBUQUE. IOWA, (563) 556-2464 EASEMENT PLAT A SANITARY SEWER EASEMENT L YlNG WITHIN LOT 17 OF EMERALD ACRES NO. 2 IN THE CITY OF DUBUQUE, IOWA / Lot 16 EMERALD ACRES NO. 2 \ \ \ Lot 17 EMERALD ACRES NO. 2 4.J (;' f!; (j C1 L= 4.35' R= 170.00' 'E T = 2.18' I EXISTING 10 WID /J, =1'27'58" UTILITY '"' ~ EASEMENT CH=S01'2249 [-4.35 C1 6 .~7~3.:L2~cc1QQ'11'-.y Nr . ......... '., . f g (~ .' 3,625 502"06; :48"f. .1 ~IO . SQ;'. FT. .....: 31,65' .1 OJ.q " '" ". .\. ~ 'SS-i5~ 2:W100:6i~ . \ \0 w a:::: :r: a... a... <{ en EXISTING SANITARY SEWER EASEMENT \ BEGINNING ----~ N02'06'.4S"W 10.00' -" SST53'12"W 20.00' Lot 29 EMERALD ACRES NO, 2 20' EXISTING SANITARY SEWER AND/OR WATER EASEMENT LEGEND . FOUND 5/8" IRON ROD W/ PLASTIC CAP NO. 12631 GRAPHIC SCALE o 30 60 ~ NOTE: SUBJECT TO EASEMENTS, RESERVA TIONS, RESTRICTIONS, AND RIGHTS OF WAY OF RECORD AND NOT OF RECORD. ~ NORTH 1" = 30' DRAWING MAY HAVE BEEN REDUCED PREPARED FOR: ED TSCHIGGFRIE PROPRIETOR: T -CORP DATE PREPARED: MAY 11, 2005 \\\\\\1111111"~/11 ...,...,'\.\\" \ 0 W..q ~/'III// " \,11111" /.. i'* ",.." 1""..,...% f ::" THOMAS \ ~ ~ r ~ J. OSTER ~ '" ~ ~ -; ~ LS 15352 j ~} %~"""";" ..,.......::.4.Jf ~'/..../oS'.(' "'I"IIIII\"~~<O:-"..:f" III,',,? LAN 0 \\\\", IIIIIlJlllUt\\" I HEREBY CERllFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. IT'I771 IIW ENGINEERS & uu. SURVEYORS, p.e. F;": ENGINEERS" SURVE;] P.C. TH~ tJ ~ ~ L~ ~fJ??5' LICENSE NO. 15352 MY LICENSE RENEWAL DATE IS 12/31/2005 PAGES OR SHEE1'5 COVERED BY THIS SEAL If;' f ~'11':1, Iowa. Illinois, Wisconsin 4155 Pennsylvania Ave. Dubuque. IA. 52002 563.556.2464 Hazel Green, wt DRA\WII TJO PLAT NO. 3D-lA-OS CHECKED T JO PROJ. NO. 05113-01 DATE 05-12-05 SHEET 1 of 2 1': \05\113\113-01 \05113-01 \dwg\LoI29RevEose Q r' - ~~~! 111111I11111111111I11111111111111I1111111111111~111111111I111~1111111111111111 Doc 10: 005168170003 Type: PLA Recorded: OS/23/2005 at 01:55:32 PM Fee Amt: $17.00 PaRe 1 of 3 Dubuque County Iowa Kathy Flynn Thurlow Recorder Flle2005-0000793'7. PREPARED BY: IIW ENGINEERS & SURVEYORS P.C. 4155 PENNSYLVANIA AVE. DUBUQUE. IOWA. (563) 556-2464 EASEMENT PLAT A SANITARY SE'WER EASEMENT LYING 'WITHIN LOT 17 OF EMERALD ACRES NO. 2 IN THE CITY OF DUBUQUE, ID'WA ~ NORTH GRAPHIC SCALE o 60 120 ~ i"===- r( \ \ \ \ \ \ \ \ \ \ l- EX 110' UTILITY I EASEMENT \ \ -~-- ~ EX. 10' UTlllT( J EASEMENT INFEET DRAWING MAY HAVE BEEN REDUCED 15 EMERALD ACRES NO. 2 I EX. 36' SANIT ARi' f---- SEVER EASEMEflT 16 EMERALD ACRES NO. 2 LEGEND ~:JS' If';/\:,7, II) I'J"'" "10 ~ IX.::'::~':.:...':)~ ~ t\<>~.::~'~l~ 1 7 ~ dt<:::..:jl= EMERALD ACRES f 6 tF:::~~:/:I~. NO. 2 ~ NB7"55030'!} l\i~c'~~ I tJ , ~'1-_- . LOT BOUND"'RY FOUND 5/B" IRON ROO w/ PLASTIC C"'P NO. 12631 OR "'S NOTED RECORD DllAENSlON t:mE! SUBJECT TO EASEMENTS. RESERV A TIONS,RESTRICTIONS AND RIGHTS-OF-"'AY OF RECORD AND NOT OF RECORD, EXISTlNG SANIT ARY SEWER EASEMENT EXIST. 10' "'IDE UTILITY EASEMENT SB7"53'12''''-36,00' -N02'06'4B''''-10'!?E'_ _ _ J I- EX. SANITARY SEWER .-J AND/OR WATER EASMENT- - I \ 29 EMERALD ACRES NO. 2 \\\\\\\1111111111/11/ ,......,,\.\ \ 0 W.,q 111111'/ " \\\lIlItll, 'l .!' * ......,..' "'" if %. f ::" THOMAS \ ~ ~ r ~ J. OSTER ~ '" ~ ~ -; ~ LS 15352 := ~} %(1'\..,.......", ...,........~4.Jl ~~.1' ~~ "III/'III"\\.' ~~ $ "'IIIII~ l AN 0 ~,\"'" 4'''"1111'''''\ I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUlAENT W"'S PREP"'RED ...ND THE RELATED SURVEY WORK W"'S PERFORlAED BY lAE OR UNDER lAY DIRECT PERSON"'L SUPERVISION "'ND TH'" T I ...lA ... DULY LICENSED LAND SURVEYOR UNDER THE L'" W5 OF THE ST... TE OF lOW.... PREPARED FOR: ED TSCHIGGFRIE PROPRIETOR: T -Corp DATE PREPARED: Me. 12, 2005 rTI77.I IIW ENGINEERS & ~ SURVEYORS, P.C. FOR IIW ENGINEERS AND SURVEYORS. P.C. ~~..... /J 62~- 1111.1.. r,J , THOM"'S J. OSTER (f' .. -, J.'iu...~t7 Iowa. Illinois. Wisconsln 4155 Pennsylvania Ave. Dubuque. IA 52002 563.556.2464 ~ I".:. - Hazel Green. WI LICENSE NO. 153S2 lAY UCENSE RENEWAL D... IT IS 12/31/2003 PAGES OR SHEETS COVERED BY THIS SE"'L /(:2 f J.~/J.., DRAWN JLK PLAT NO. B7-IA-OJ CHECKED T JO PROJ. NO. 03751 DATE 9/24/03 SHEET 1 of 2 1': \03\700\751 \03751 \dwg\SANEASMENT LOT 1 .C -,-. ....---~-- ~--~----.... ~ --- ~- ",.ed -',,-- ~e UJ<Z r ALl CONSlRUCTlON AND MAlERlALS RELATED TO CONNECTING lHE RELOCATED SEWER TO lHE EXISTING r (EXISTING) MANHOLE SHALl BE DONE SS M.H.#3(DROP) TO lHE SATISFACTION OF STA. 4+99.00(N) CITY ENGINEERING DEPT. STA. O+OO(W) EXISTING SAN. SEW. LOT 29 N01E: --. EXISTING B" D.I.P. SAN. SEW. (ABANDON IN PLACE) - DISCONNECT & INSTALL PLUG 0 OUTSIOE WALL OF MANHOLE NOTE: WYE LOCP 2' BACK OF CURB 40,91' - 8' Dol.Po ABANDON SERVICE '" CAP AT MAIN o 25' 114.68'- 0 -8' Dol.Po ~ 25' ~S_ M-=-H:.I3~ _ _ _ ,STA. O+44.91(W) f I SAN. SEWER EASEMENT I LOT 17 .. <II SS M.H.#3B STA. 1+63.59(W) EXISTING SAN. SEW. 00 l 0.: ,..:; ~ ..-- . JPHIR CIRCLE 5' SS M.H.f3C STA. 4+66.02(W) ----- ----- --- D MATERIALS SHALL BE ACCORDING STANDARD SPECIFICA llONS. NOTE: THE SANITARY SEWER GRADES SHOWN ON lHlS PLAN ARE CALCULATED BY USING THE DIFFERENCE BETWEEN INVERT ELEVATlONS DIVIDED BY THE HORIZONTAL DISTANCE FROM THE INSIDE WALL OF THE MANHOLE,