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
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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
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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
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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