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Holliday Third Addition_Vacate of Sanitary SewerMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Vacate Sanitary Sewer DATE: June 8, 2012 Dubuque bierd All-America City 1 2007 In response to a request from James Kaune of IIW, P.C. to vacate a sanitary sewer easement in the Holliday Third Addition in the City of Dubuque, City Engineer Gus Psihoyos states that the City has no need for the subject sanitary sewer easements and recommends approval of the request to vacate for the cost of publication and filing fees. It is further recommended that a public hearing be set for July 2, 2012, regarding this request to vacate. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Masterpiece on the Mississippi TO: Michael C Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Vacate Sanitary Sewer DATE: June 6, 2012 INTRODUCTION Dubuque All- America city ' 1 2007 This is in response to a request from James Kaune of IIW, PC requesting the vacating of a sanitary sewer easement in the Holliday Third Addition in the City of Dubuque, Iowa DISCUSSION The extension of Holliday Drive in Holliday Third Addition required the relocation of an existing sanitary sewer that crossed Lot 7 and Lot 2 of 8 in said Addition Due to phased construction of the subdivision, the abandonment of a portion of the existing sanitary sewer and associated easement was reserved until after the new sewer line was constructed and accepted by the City The relocated improvements will be accepted at the June 18, 2012 Council meeting, thus fulfilling the requirements noted on the plats RECOMMENDATION The City does not have a need for the subject sanitary sewer easements, and I would recommend approval of the request to vacate the easements as shown on the attached plat I would further recommend that the vacating and release of the easements be set for public hearing on July 2, 2012, for the cost of publication and filing fees ACTION TO BE TAKEN The recommendation of the City Manager should be approved and a public hearing should be set on the vacating and disposal of City interest in sanitary sewer easements crossing Lot 7 and Lot 2 of 8 in Holliday Third Addition through adoption of the enclosed resolution Prepared by Ron Turner, PLS May 1,2012 Mr. Ron Turner Engineering Division City of Dubuque 50 West 13th Street Dubuque, IA 52001 Re: Holliday 3rd Addition — Easement Vacation IIW Project No.: 12117-01 Dear Ron: IIW, P.C., on behalf of the property owners WBBW Holliday Development, L.L.C., requests the vacation of an existing sanitary sewer easement located on Lot 7 and Lot 2 -8 of Holliday 3rd Addition in the City of Dubuque. Enclosed are copies of the plats of the subject properties showing the requested easement vacation locations. Thank you for your assistance with this request. Sincerely, IIW, P.C. \L James Kaune, P.E. Civil Engineer Cc: Brad Bierman Epic Construction 862 White Street Dubuque, IA 52001 IIW, P.C. www.iiwengr.com ARCHITECTURE CIVIL ENGINEERING CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING LAND SURVEYING MUNICIPAL ENGINEERING STRUCTURAL ENGINEERING TRANSPORTATION ENGINEERING Dennis F. Waugh, PE/SE* Charles A. Cate, PE ** Gary D. Sejkora, PE Michael A. Jansen, PE/SE Ronald A. Balmer, PE/SE/AIA John M. Tranmer, PLS / RLS Timothy J. Tranel, PE* John F. Wandsnider, PE Julie P. Neebel, PE James P. Kaune, PE Thomas J. Oster, PLS ** Wray A. Childers, PLS Geoffry T. Blandin, PE Mark C. Jobgen, PE Lauren N. Ray, PE/SE* Bradley J. Mootz, PE/SE Cody T. Austin, PE* Marc D. Ruden, PE Mark R. Fassbinder, AIA* Michael A. Ruden, NCARB /AIA* Alice M. Ohrtmann, PE Craig J. Elskamp, AIA Robert W. Blok, PE Eric J. Helminiak, PE/SE* Steven J. Hunn, PE Jeffrey J. Brandt, PLS / RLS * LEED AP ** Retired 4155 Pennsylvania Avenue, Dubuque, IA 52002 -2628 ♦ [P] 563.556.2464/800.556.4491 ♦ [F] 563.556.7811 ENGINEERS. ARCHITECTS. SURVEYORS. iiw .,snores. ISS■ . nn,or c2WFFT nIR11nitr IOWA 52001 )• �IAA�I UILL•A' . 10797 -04 2034 JUN 18 PN 2: 35 KATHY FLYNN MOLD COUNTY RECORDEI' 9UpUQUEUDE.1.4YYAF j,7..DO PHONE: (5631 556 -4389 FINAL PLAT OF LOTS 1 THRU 8, INCLUSIVE, AND LOT A AND LOT B OF HOLLIDAY 3RD ADDITION, IN THE CITY OF DUBUQUE, IOWA ASBURY ROAD 10'797-04 LOT 2 BLOSFR PLACE R -CM -1263r LOT 10 LOT 11- ASBJRY CARY ^„IR RT PLACE LOT 13 16T l5 LOT 11 x70 441. PIPELINE EASEMENT BI ;1 1 LOT 2 H0403 Y 2111 AOCTICI 60001 I AI °3. xTO. 10' PUBIC Mont 26 , (5.. I(UTUTY EASE516 56959'09 "E 9)9.16' (979.26') 1 1 II 59631 596.20 r -CAP 'S•3r 3T6Z, SDN 100. ID. PUBLIC UTILITY EASEMENT -C LOT 16 BLOCK IN TATES LOT 17 ENSBNC SANITARY SE0ER EASEMENT PER BOON PAGE 129 002. CO RECORDER LOT B 262.406 14 6.024 AC Ex61NO SANITARY REP. EASEMENT PER NSIR 213941-92. OWL CO. RECOIL..- . !/ (11( PEND. OF TORS FAIIMENT LYNG ACROSS 101 low 6• ""T"$ TK TIE MOPDXO Su451M ESETOR FNPOT N NNLOAY 11 NO r. Of 2.404 NIFE OF ON v6mElu1M e5' VIE on Of oNNluy Y -Cdt* •401e.;∎9 •12631 E0510G 10' PUBLIC UTILITY EASEUENT, BETWEEN LOT 3 OF HOLLIDAY A0011101 Ale 101 1 OF 43.004? 3,10 ADOIIION. 10 BE VAEA410 BY MS PLAT. LOT 1 *COS AY ADC LOT 3 HCWOAY AOCRC, 0 -CAP R -CAP 1 7 6 31 271.91: 275' '122314 LQL�_ ZO93�Ao-= 569'1011'10 960.27 0243'9Y 612.78' 4750' TO! 24/ L -0T_PAYTON an DRIVE 112965'31'E 26191 N4 ''35'31•E 414' LOT 2 62.6 5F C (0T 25 6 610. 10' PUBLIC X MITT EASEMENT '9654 272.96' PRO 10 PUB0C J UNLIT( EASE31041 LOT 3 102.226 SF 2.346 AC LOT 18 PRO. 20 WATER EASEMENT 1.-----i `_ -- -- ---' a_`� _Be9n.D1_J_J 222. RED VIOLET OIR&E PRO. M' PUBLIC nUTY EASONP111 LOT 1 LOT LEGEN • IRON PIPE (FOUND) (SIZE AS N0TE0) • 5/8 0E600 (FOUND) (CAPPED AS N01E0) PROPERTY UNE SURVEYED PROPERTY U11E SURVEYE0 PERIMETER - - - - - CENTERUNE RIGHT OF WAY EASEMENT LINE RECORD DI1(1451ON P.O.B. POINT OF BEGINNING O 5/0. 0E000 (PLACED) (Y -CAP •4016•) • Y -CAP YELLOW CAP R -CAP RED CAP 0 -CAP ORANGE CAP SURVEYED PERIMETER 1.061211 SF (24.354 AC) .5* LOT 4 96 373 ST 2.212 AC 62935'41'E 477.9,• C":Z N50VY26'E N69'3531'E 4412' 127.94' 0.30 STORM & SANITARY SERER EASEMENT 8 R -CAP '11631" AT DIE NON1NEAST CORNER OF LOT 1 Q HMIDAY 4.601)1011 (80U0IERLY ROW OF ASBURY ROAD) NOTE: HOLLIDAY 308 ADDITION IS COMPRISED OF LOT B OF HOLLIDAY ADDITION AND LOT 2 OF 2 OF THE SE 1/4 OF THE NE 1/4 OF SECTION 2D, T09N. R2E. OF THE 5TH P.M., IN THE CITY OF DUBUQUE. 100A. 5EE EL 8 LOT 3 521/4 NE1 /4 500 10. 5653. 020 NPP LOT 10 CURVE 601A S6451'01'( 13174 RACUS Ilona DELTA TAN. 446.25' 9030'00 05.00. 15500 13628' 5136'50' 74.12 0 -3 01931'020 10119' moo' 111119' 3653'04' 54.21' NOTES 4. ALL MEASUREMENTS ARE IN FEET ARO DECIMALS THEROF. 2. IF DOS PLAT DOES NOT HAVE A SURVEYOR'S SIGNATURE IN PURPLE INK, IT 15 A COPY THAT MAY CONTAIN UNAUTHORIZED ALTERATIONS. 1HE CERTIFICATION CONTAINED ON 114I5 PLAT SHALL NOT APPLY TO ANY COPIES. I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERF LIED BY ME OR UNDER MY DIRECT PERSONAL S ER SION 4440 THAT I AU A DULY LICENSED LAND SURVE OR UNDER AIE.LAW5 OF WIC STATE OF IOWA ( 4 fT" L4•L. WHITE CENSE NUMBER: 4016 MY UCENSE RENEWAL DATE IS DECEMBER 31, 2004 LOT 2 -1 24/4. SE1/4 SEC. 20. 1096 RTE NORTHWEST ARTERIAL / IOWA HIGHWAY 32 SCALE 1" = 200' 0' 100' 200' 071511410 10' PUBLIC UllUTT EASEMENT. 6ENEEN 101 3 Of HOLLIDAY ADDITION AND LOT 1 DF 4*041Y SRO AMNON. 10 BE VACATED BY IRIS PLAT. 60 101 3 HOLLIDAY non.. PR0 20 STORM SET* CAP 5' 10 EASEMENT 6L__r r ___.2 }194= F2Ak06"} x 0 S X15 '242s•W LOT_1- 1-4114 -1439•35-31E 262. 79.50 10J 163.44 076'41.04 E PAYTON 6,2x66'21 DRIVE 1 6933 6J•E 26294' 1 1444'SS31Y LOT 2 41.1,' BLOW -UP (LOT 1 & LOT B) ID'J 34 SHEET TITLE FINAL PLAT HOLLIDAY 3RD ADDITION PROJECT 1 N0. 03236 OWNER & PREPARED FOR: OM OIACUANO 1500 DELHI ST. SUITE 2200 DOBUOIE, IA 52001 BUESING & ASSOCIATES CONSULTING ENGINEERS 1212 LOCUST STREET DUBUQUE. IOWA 52001 (503) 556 -4389 FIELD SURVEYED ON REVISIONS DRAWN BY: 12/12/03 TPL SCALE: CHECKED BY: 1" - 200' JLW IU36VI. 940623 6-0,4 1NAUNATd .yON/LPL0T,041((20IORXOIML& 3LAsss 06/18/7005 83:73:39 PM, Bueslog & Assoc. 10877 -04 PREPARED BY: BITE SIG k ASSOCIATES ,OSL = „L 31NDS (0Y 9ZoT) 45 909'Z9Z N313WIZ13d 03, A2if1S ADDRESS: 1212 LOCUST STREET DUBUOUE 08TH - )4. 2004 JUN 21 PM 1.0 2 KATHY FLYNN THURLOW COUNTY RECORDER/ DUBUQUE CO . . IOWA FEES 100A 52001 PHONE 563 556 -4389 PLAT OF SURVEY OF THE DIVISION OF LOT 8 OF HOLLIDAY 3RD ADDITION, IN THE CITY OF DUBUQUE, IOWA. d5 O • 0o rp r oL__} SAMANTHA ▪ r S' T�1jOVE 1 1 N � I C II IU1 � II u II 11 b1 0' DD x oy N9 L j 2 m O E) 0 o --1 a6- B a. y��N 0'11'19 "W 4(j0; (407.55103'1 iC H013 'AY 32D v ;Z 1,17; -1 n 'NN I ADDITION 0-24'29 -E 4EJ.64' (403.646 �aFd2 Ar 1 �� �- - - - --- HOLLIDAY DRIVE - LDS -A-` -- 1 1 T- t yp i Cp D, s`m pp yn 1 LOT 2 -4 ,OLUOAY ADD1110N F'11&• Oo 0 NOTES 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEROF. 2. IF THIS PLAT DOES NOT HAVE A SURVEYOR'S SIGNATURE IN PURPLE INK. IT IS A COPY THAT MAY CONTAIN UNAUTHORIZED ALTERATIONS- THE CERTIFICATION CONTAINED ON THIS PLAT SHALL NOT APPLY TO ANY COPIES. 001111111HO% 1 HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT LAND WAS PREPARED AND THE RELATED SURVEY WORK WAS �OBE UNDER DIRECT PERSONAL a UP V1SIONANDTHAT AM A DULY ... G- 6 SUR YOR UNDER THE LAWS OF THE STATE OF IOWA. O JOHN L. WHITE 1,3:-.-- el--,/01 I1 4016 2/1 iLGC zp0'f it. ••° .° N L. WHITE (ATE) " /'!' /1IOIWIP\\` \ \`"�p�� / ICENSE NUMBER: 4016 MY LICENSE RENEWAL DATE IS DECEMBER 31. 2004 O X ml0 a — HOLLIDAY - DRIVE LEGEND • IRON PIPE (FOUND) (SIZE AS NOTED) • 5/8 REROD (FOUND) (CAPPED AS NOTED) PROPERTY LINE SURVEYED PROPERTY LINE SURVEYED PERIMETER - - - - - CENTERLINE RIGHT OF WAY EASEMENT LINE • RECORD DIMENSION POINT OF BEGINNING O 5/8" REROD (PLACED) (Y -CAP "4016 ') Y -CAP YELLOW CAP R -CAP RED CAP 0 -CAP ORANGE CAP SHEET TITLE PROJECT 1 NO. 03236 PLAT OF SURVEY LOT 8 HOLLIDAY 3RD ADDITION 014NE8 t PREPARED FOR: nu DUACLIMNO 1500 DELHI ST. SUITE 2200 DUBUQUE IA 52001 BUESING & ASSOCIATES CONSULTING ENGINEERS 1212 LOCUST STREET 008000E, 100A 52001 1563) 556 -4589 FIELD 50800100 ON REVISIONS DRAWN BY: 12/12/03 TPL SCALE: CHECKED BY: = 150' JLW RESOLUTION NO. 166 -12 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST AND VACATE SANITARY SEWER EASEMENT OVER LOT 7 AND LOT 2 OF 8 IN HOLLIDAY THIRD ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, WBBW Holliday Development, LLC is the current owner of Lot 7 and Lot 2 of 8 in Holliday Third Addition in the City of Dubuque, Iowa; and Whereas, a sanitary sewer easement is currently platted on said Lots; and Whereas, existing sewer has been relocated currently serving said Lots; and Whereas, James Kaune, representing WBBW Holliday Development, LLC, has petitioned to vacate the easement over and across said lots. 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 sanitary sewer easement over Lot 7 and Lot 2 of 8 in Holliday Third Addition in the City of Dubuque, Dubuque County, Iowa, as shown on the plats recorded as file numbers 10979 -04 and 10877 -04. Section 2. That the City has accepted the improvements in Holliday Third Addition by Resolution No. 157 -12 on the 18th day of June, 2012. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said interest to be published in the manner as prescribed by law. Passed, approved and adopted this 18th day of June , 2012. Roy D. Buol, Mayor RESOLUTION NO. 166-12 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST - AND VACATE SANI- TARY SEWER EASE- MENT OVER LOT 7 AND LOT 2 OF 8 IN HOLLIDAY THIRD ADDITION • IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, WBBW Holliday Development, LLC is the current owner of Lot 7 and Lot 2 of 8 in Holliday Third Addition in the City of Dubuque, Iowa; and Whereas, a sanitary sewer easement is currently platted on said Lots; and Whereas, existing sewer has been relocated currently serving said Lots; and Whereas, James Kaune, representing WBBW Holliday Devel- I opment, LLC, has petitioned to vacate the easement over and across•said lots. 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 sanitary sewer easement over Lot 7 and Lot 2 of 8 in Holliday Third Addition in the City of Dubuque, Dubuque County, Iowa, as shown on the plats recorded as file numbers 10979 -04 and 10877 -04. • Section 2. That the City has accepted the improvements in Holliday Third Addition by Resolution No. 157- 12 on the 18th day of June, 2012. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said interest to be published in the manner as prescribed by law. Passed, approved and adopted this 18th day of June, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk It 6/22 NOTICE OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE INTENT TO DISPOSE - OF - AN INTEREST THAT THE CITY OF I DUBUQUE INTENDS, TO DISPOSE OF ITS INTEREST AND VACATE A SANITARY I SEWER EASEMENT' OVER LOT 7 AND LOT 2 OF 8 IN HOLLIDAY THIRD ADDITION IN THE CITY OF DUBUQUE, DUBUQUE BOUNTY, IOWA, PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will hold a public hearing on the 2nd day of July, 2012, at 6:30 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at which meeting the City Council proposes to dispose . of an interest and vacate a sanitary sewer ease- ment in the following described real property to WBBW Holliday Development, LLC: Lot 7 and Lot 2 of 8 in Holliday Third Addition in, the City of Dubuque, Dubuque County, Iowa, At the meeting, the City Council will receive oral and written objections from any resident or property owner of said City to the above action. After all objections have been received and con- sidered, the City Council may at this meeting or at any adjournment thereof, take additional action for the disposition of the City's interest in such real estate above, or will abandon the proposal. Documents are available - for viewing in the Dubuque City Clerk's Office, 50 W. 13th ' Street, Dubuque, Iowa, during regular business hours. By order of the City Council said hearing- and appeals there from shall be held in accordance with and governed by the provisions of Section 403.9 of the. Code of Any visual or hearing - impaired persons need- ing special assistance or persons with special accessibility ' needs should 'contact the City Clerk's office at (563) 589 -4120 or TDD at (563) 690 -6678 at least 48 hours prior to the meeting. This notice is given by order of the City Council of the City of • Dubuque, Iowa on the 18th day of June, 2012. Kevin S. Firnstahl City Clerk It 6/22 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: June 22, 2012, and for which the charge is $48.30. c_Stzr.t.412:Puke Subscribed to before m otary Public in and for Dubuque County, Iowa, this (7 of day of , 20 /S.. . Notary Public in and for Dubuque County, Iowa. MARY K, WESTERMEYER Commission Number 154885 ,mss..... FI`c54 ao� THE CITY OF B Masterpiece on the Mississippi Holliday Third Addition Vacate Sanitary Sewer Easement DAGIS otwout eau q:geMlNlC Inreewt.ro,I MUM 9IIIiIiIla wsinffirentima ffir '/!I'1�� Mil :d='/j■1 SSI it DISCLAIMER: This , nformation was compiled using the Dubuque Area Geographic Information System (DAGIS), which Includes data created by both tho City of Dubuque and Dubuque County. It Is understood that, while tho City of Dubuque and participating agencies utIIL -ed the most current and accurate Information available, DAGIS and It's suppliers do not warrant the accuracy or rency of the Information or data contained heroin. The City and participating agencies shall not be hold liable for any direct, Indirect, incidental, consequential, punitive, or special damages, whether foreseeable or unforeseeable, arising out of the authorized or unauthorized use of this data or tho Inability to use this data or out of any breach of warranty whatsoever. 1 inch = 600 feet 200100 0 200 400 600 800 Feet W E Map Prepared by: City of Dubuque Engineering Division 50 West 13th Street Dubuque, Iowa 52001 Phone: (563) 589 -4270 Fax: (563) 589 -4205