Vacate San. Sewer Easement for N. Boyes, Emerald Acres
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MEMORANDUM
June 24, 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 and recommends approval of the
request to vacate.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
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MEMORANDUM
June 24, 2005
FROM:
Michael C. Van Milligen, City Manj?eJO
Gus Psihoyos, City Engineer A.. .
TO:
SUBJECT: Vacating Petition - Sanitary Sewer
A request has been received from Nathan Boyes for the vacating of a sanitary
sewer easement for Lot 29 of Emerald Acres NO.2.
In order to construct a series of duplexes on Lot 29, the existing sanitary sewer
stub needs to be relocated and the associated easement vacated. The 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.
The City does not have a need for the sanitary sewer easement proposed to be
vacated. Therefore, it is recommended that the City Council approve the
disposal of the property for a sanitary sewer easement.
Prepared by Ronald J. Turner, PLS
..'
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO. 311-05
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 24th day of June, 2005,
the City Council of the City of Dubuque, Iowa met on the 5 th day of
Ju1 Y ,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.
Passed, approved and adopted this 5th
day of
eanne F. Schneider, CMC, City Clerk
2005.
Attest:
Passed, approved and adopted this
Jeanne F. Schneider, CMC, City Clerk
day of
Terrance M. Duggan, Mayor
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TANZANITE DRIVE _
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EASEMENT
(- VACATE AREA
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VICINITY MAP
1" = 1200'
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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 ole 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 , O' WIDE I
UTILITY
I- EASEMENT
\ LOT 17
EXISTING SANITARY ~
SEWER EASEMENT W
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NOT06'48"W w
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6.00' :c
0..
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\ LOT 29 JT1
\ \ 20'
EXISTING SANITARY
\ SEWER AND/OR WATER
EASEMENT
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NORTH
LEGEND
rT177] IIW ENGINEERS &
U.tUI SURVEYORS, p.e.
GRAPHIC SCALE
o 30 60
I I I
," = 30'
DRAWING MAY HAVE BEEN REDUCED
. FOUND 5/8" IRON ROD w/
PLASTIC CAP NO. 12631
TO BE VACATED
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Iowa, Illinois. Wisconsin
4155 Pennsylvania AVe.
Dubuque. IA 52002
563.556.2464
Hazel Green. WI
DRAWN T.J.O. 31-IA-05 PLAT
CHECKED T,J.O. PROJ. NO. 05113-01
OA TE 05- 1 2-05 SHEET 1 of 1
P: \05\113\' 13-01 \05113-01 \DWG\EASEVAC.DW
//
OWNER'S CONSENT
Dubuque, Iowa
200 I
, -
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~~~
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~ fer oyes
STATE OF IOWA )
COUNTY OF DUBUQUE ) ss:
On this a day of b~ ,2005. 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 hereofhas 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: 00516Bl60oo3 Type: PLA
Recorded: OS/23/2005 at 01:52:45 PM
Fee Amt: $17.00 PaQe 1 of 3
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
Flle2005-0000793q
PREPARED BY:
IIW ENGINEERS & SURVEYORS P.C. 4155 PENNSYLVANIA AVE, DUBUQUE, IOWA, (563) 556-2464
EASEMENT PLAT
A SANITARY SEWER EASEMENT LYING WITHIN LOT 17 OF
EMERALD ACRES NO. 2 IN THE CITY OF DUBUQUE. IOWA
/
Lot 16
EMERALD ACRES NO. 2
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Lot 17
EMERALD ACRES NO. 2
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L= 4.35'
R= 170.00'
T= 2.18' I
EXISTING 10' WIDE l::. =1'27'58"
UTlLlTY ''''
r- EAS~MENT~7~n::S~~::;:~__~C1
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\ 0 ~'.&..' sq;. FT.. .. .' . 31, 6 ~' \'
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POINT OF: \
BEGINNING
----~
N02"06'.48"W
10.00'
EXISTING SANITARY
SEWER EASEMENT
-
S8T53'12"W
20.00'
Lot 29
EMERALD ACRES
NO.2
20'
EXISTING SANITARY
SEWER AND/OR WATER
EASEMENT
LEGEND
. FOUND 5/B" IRON ROD WI
PLASTIC CAP NO. 12631
GRAPHIC SCALE
o 30 60
~
1 H = 30'
DRAWING MAY HAVE BEEN REDUCED
NOTE:
SUBJECT TO EASEMENTS,
RESERVATIONS. RESTRICTIONS,
AND RIGHTS OF WAY OF
RECORD AND NOT OF RECORD.
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I HEREBY CERl1J'Y THAT THIS LAND SURVEYING DDCUtolENT WAS PREPAAED
AND THE RELA TED SURVEY WORK WAS PERFDRtoIED BY tolE DR UNDER toIY
DIRECT PERSONAL SUPERVISION AND THAT I AtoI A DULY LICENSED LAND
SURVEYOR UNDER THE LAWS OF' THE STATE OF IOWA.
PREPARED FOR: ED TSCHIGGFRIE
PROPRIETOR: T -CORP
DATE PREPARED: MAY 11, 2005
IT177J IIW ENGINEERS &
..w. SURVEYORS, P.C.
Iowa. Illinois. Wisconsin
4155 Pennsytvonio Ave.
Dubuque, lA, 52002
563.556.2464
Hazel Green. \Nt
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-
LICENSE NO. 15352 toIY LICENSE RENEWAl. DATE IS 12(31(2005
PAGES DR SHEETS COVERED BY THIS SEAL /(J. f J(:J.,
DRAWN TJO PLAT NO. 30 IA-05
CHECKED TJO PROJ. NO. 05113-01
DATE 05-12-05 SHEET 1 of 2
P: \05\" 3\" 3- 01 \051 I 3-01 \dwg \Lot29RovEose
111II~1~1111111~1111I1111I11I11111111I[1I1111111~111111111II11111111111111
Doc ID: 005168170003 Type: PLA
Recorded: OS/23/2005 at 01:55:32 PM
Fee Amt: $17.00 Pa~e 1 of 3
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
FUe 2 005-0000 7937.
PREPARED BY:
IIW ENGINEERS 01< 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
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GRAPHIC SCALE
o 60 120
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IN FEET
_ DRAWING MAY HAVE BEEN REDUCED
15
EMERALD ACRES NO. 2
I EX, 36' SANITARY
f--- SEYER EASEMENT
16
EMERALD ACRES NO. 2
LEGEND
.
LOT BOUNDARY
FOUND 5/8' IRON ROD w/ PLASTIC
CAP NO. 12631 OR AS NOTED
RECORD DIMENSION
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SUBJECT TO EASEMENTS,
RESERV A TIONS,RESTRICT IONS
AND RIGHTS-OF-\.IAY OF
RECORD AND NOT OF RECORD.
EXISllNG
SANITARY
SEWER
EASEMENT
EXIST.
10' \.IIDE
UTILITY
EASEMENT
S87"53'12'\.I-36.00'
-N02"06'48'\.I-10.QE'_ _ _ J
I- EX. SANITARY SEWER
AND/OR WATER EASMENT~
\ 29
EMERALD ACRES NO. 2
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I HEREBY CERTIFY 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.
PREPARED FOR, ED TSCHIGGFRIE
PROPRIETOR' T -Corp
DATE PREPARED' Me. 12, 2005
rT'I77] IIW ENGINEERS &
ULUII SURVEYORS, p,c.
FOR IIW ENGINEERS AND SURVEYORS. P.C.
VV~A-~ &~-
THOMAS J. OSTER
1J14y ;; ~t?C7,
;oATE
Iowa, Illinois, Wisconsin
4155 Pennsyivonlo Ave.
Dubuque, IA 52002
563.556.2464
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Hazel Green. WI
LICENSE NO. 15352 MY LICENSE RENEWAL OATE IS 12/31/2003
PAGES OR SHEETS COVERED BY THIS SEAL /(,2 f J. ~ ).,
DRAWN JLK PLAT NO. 87-11.-03
CHECKEO T JO PROJ. NO. 03751
DATE 9/24/03 SHEET 1 of 2
P:\03\700\751\037S1\dw9\SANEASt.lENT LOT 1 .C
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NOlE:
ALL CONSTRUCll0N AND
MA1ERIALS RELAlED TO
CONNECllNG THE RELOCATED
SEWER TO THE EXIS11NG J (EXISTING)
MANHOLE SHALL BE DONE SS M.H.#3(DROP)
TO THE SAllSFACll0N OF STA. 4+99.00(N)
CITY ENGINEERING DEPT. STA. O+OO(W)
EXISTING
SAN. SEW.
LOT 29
EXISTING 8"
-1 D.I.P. SAN. SEW.
(ABANDON IN
PLACE) -
DISCONNECT &
INSTALL PLUG 0
OUTSIDE WALL OF
MANHOLE
NOTE: WYE LOCP
2' BACK OF CURB
40.91' - 8' D.l.P.
ABANDON SERVICE
&: CAP AT MAIN
o 25'
114,68'- 0
-8' D.l.P. - 25'
~S_ M..:..H:F~ _ _ _
jSTA. 0+44.91(W)
I
f SAN. SEWER
EASEMENT
I LOT 17
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SS M.H.#3B
STA. 1+63.59(W)
EXISTING
SAN. SEW.
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STA. 4+66.02(W)
-----
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D MATERIALS SHALL BE ACCORDING
STANDARD SPECIFICA llONS,
NOTE: THE SANITARY SEWER GRADES SHOWN ON THIS PLAN ARE
CALCULATED BY USING THE DIFFERENCE BETWEEN INVERT
ELEVAll0NS DIVIDED BY THE HORIZONTAL DISTANCE FROM
THE INSIDE WALL OF THE MANHOLE.