Emerald Acres Vacate Sewer Easement N. Boyes
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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.
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Michael C. Van MiIIigen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
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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
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EASEMENT
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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
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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
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EXISTING 10' WIDE
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DRAWING MAY HAVE BEEN REDUCED
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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
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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~
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. . 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
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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
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PREPARED FOR: ED TSCHIGGFRIE
PROPRIETOR: T -CORP
DATE PREPARED: MAY 11, 2005
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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.
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LICENSE NO. 15352 MY LICENSE RENEWAL DATE IS 12/31/2005
PAGES OR SHEE1'5 COVERED BY THIS SEAL If;' f ~'11':1,
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4155 Pennsylvania Ave.
Dubuque. IA. 52002
563.556.2464
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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
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PREPARED FOR: ED TSCHIGGFRIE
PROPRIETOR: T -Corp
DATE PREPARED: Me. 12, 2005
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Iowa. Illinois. Wisconsln
4155 Pennsylvania Ave.
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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
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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:
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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
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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,