Holliday Third Addition_Vacate of Storm SewerMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Holliday Third Addition Vacate Storm Sewer Easement
DATE: June 12, 2012
Dubuque
bierd
All-America City
1
2007
A request has been received from Nick Lange of Buesing & Associates to vacate and
relocate a storm sewer easement in Holliday Third Addition. The developer wishes to
build a structure which will require the relocation of the existing storm sewer. The
developer has agreed to relocate the existing sewer at their expense and provide an
additional easement for the relocated storm sewer.
After relocation of the storm sewer, City Engineer Gus Psihoyos states the City will not
have a need for the portion of the existing easement proposed to be vacated and
recommends approval of the request to vacate for the cost of publication and filing fees,
with the owner agreeing to pay the cost to relocate the storm sewer. It is further
recommended that a public hearing be set for July 2, 2012, on the vacating and
disposal of the City's interest in a portion of an existing storm sewer easement in Lot 1
of Holliday Third Addition.
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
Dubuque
All- America city
' 1
2007
TO: Michael C Van Milligen, City Manager
FROM Gus Psihoyos, City Engineer
SUBJECT: Vacate Storm Sewer Easement
DATE: June 6, 2012
INTRODUCTION
This is in response to a request from Nick Lange of Buesing & Associates requesting the
vacating and relocation of a storm sewer easement in Holliday Third Addition in the City of
Dubuque, Iowa
DISCUSSION
The attached Plat of Storm Sewer Easement shows the area of the storm sewer easement to
be vacated and the location of a new easement for the relocated line over and across Lot 1 of
Holliday Third Addition in the City of Dubuque The property is owned by Gamer Holliday
Development, LLC
A storage facility is proposed for the site The proposed structure will require the relocation of
an existing storm sewer The developer has agreed to relocate the existing sewer at their
expense and provide an additional easement for the relocated storm sewer
RECOMMENDATION
After relocation of the storm sewer, the City will not have a need for a portion of the existing
easement proposed to be vacated I would recommend approval of the request to vacate a
portion of the existing easement as shown on the attached plat I would further recommend
that the vacating and release of the easement be set for public hearing on July 2, 2012, for the
cost of publication and filing fees, with the owner agreeing to pay the cost to relocate the storm
sewer as shown on an approved site plan
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 a portion of an existing storm sewer
easement in Lot 1 of Holliday Third Addition through adoption of the enclosed resolution
Prepared by Ron Turner, PLS
RESOLUTION NO, 167 -12
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST AND VACATE A
STORM SEWER EASEMENT OVER LOT 1 HOLLIDAY THIRD ADDITION IN THE
CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Gomer Holliday Development, LLC is the current owner of Lot 1
Holliday Third Addition in the City of Dubuque, Iowa; and
Whereas, an existing storm sewer easement is currently platted on said Lot 1;
and
Whereas, relocation of said storm sewer is proposed by said owner; and
Whereas, Nick Lange, representing Gomer Holliday Development, LLC, has
petitioned to vacate the existing storm sewer easement over and across said Lot 1.
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 storm sewer easement over Lot 1 Holliday Third Addition in the City of Dubuque,
Dubuque County, Iowa, as shown on the Plat of Easement prepared by Buesing &
Associates dated May 24, 2012.
Section 2. That the owner has agreed to relocate the existing storm sewer line at
their own expense.
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.
Attest:
41114111-, 7
Kevin ' . F rnstahl, C ty I
Roy D. Buol, Mayor
Buesing & Associates Inc.
Consulting Engineers
1212 Locust St.
Dubuque, IA 52001
(563) 556 -4389
May 3, 2012
Mr. Ron Turner, PLS
City of Dubuque
Engineering Office
50 West 13th Street
Dubuque, IA 52001
RE: Storm Sewer on Lot 1 Holliday 3`d Addition
Dear Ron:
We are requesting that the city allows the storm sewer and storm sewer easement on
Lot 1 of Holliday 3`d Addition to be relocated closer to Payton Drive. This will allow the
owners of Lot 1 to build a proposed three story storage facility. This relocation will be
done in conjunction with construction of proposed facility and at the developer's
expense.
If you have any questions, please feel free to call our office.
Respectfully subs itted,
Nicholas W. Lange
Buesing & Associates, Inc.
Encl. as noted
PREPARED BY: BUESING & ASSOCIATES
ADDRESS: 1212 LOCUST STREET, DUBUOUE IOWA 52001 PHONE: (583) 556 -4389
Plat of Storm Sewer Easement:
ACROSS LOT 1 OF HOLLIDAY 3RD ADDITION IN THE CITY OF DUBUQUE, IN THE SE1 /4 OF
THE NE 1/4 OF SECTION 20, T89N, R2E OF THE 5TH P.M., DUBUQUE COUNTY, IOWA
CO
CO
CO
0
NO CAP
LOT 2 HOLLIDAY
ADDITION
N87'28'54 "E 271.39' (271.34')
1 ---10' PUE 10' PUE
1
1
NI
L.1
O
N
A
WyyI
N47'59'54 "W
14.21' (14.14')
LOT 3 HOLLIDAY
ADDITION
EXISTING 20' STORM SEWER
EASEMENT TO BE VACATED
S87'31'10 "W 272.91' (272.94')
LOT 1 HOLUDAY
10' PUE 3RD ADDITION
- --
161.41
LEGEND
• 5/8" REROD (FOUND)
(CAPPED, "4015 YELLOW)
• 5 /B" REROD (FOUND)
(CAPPED. .4016". YELLOW)
(UNLESS NOTED OTHER615E)
EXISTING PROPERTY UNE
EXISTING EASEMENT UNE
NEW EASEMENT UNE
( ) RECORD DIMENSION
ROW RIGHT OF WAY
PUE PUBLIC UTILITY EASEMENT
OWNER & PROPRIETOR:
LOT 1 OF HOLLIDAY 3RD ADDITION IS
COMER HOLLIDAY DEVELOPMENT LLC
SHEET TITLE
PLAT OF SURVEY
S87'04'08 "W 263.03' (262.94')
PAYTON DRIVE
(60' ROW)
NOTE:
LOT 1 OF HOLUDAY 3RD ADDITION IN THE
5E1/4 OF THE NE1 /4 OF SECTION 20,
TB9N, R2E, OF THE 5TH P.M., DUBUQUE
COUNTY, IOWA
15' STORM SEWER
EASMENT
0' 30' 60'
NOTES
1, ALL MFAVIRE5ENTS MEN FEET AND DECRIALS THEREOF.
2 THIS PLAT IS SUAECT TO ALL F/311OIT5 OF RECORD AND NOT OF RECORD.
3 IF INS PLAT DOES NOT HAVE 111E 4£(YEYOR'S 5ONATIRE BI HARE PO(, IT IS A COPY AND MAY CONTMI UNALHHOPo2EO
AL1VUTONS. THE MEDICATION CONTAINED ON THIS MT SHALL NOT APPLY TO ANY COPIES
„NIIL1 DIl /Yip /o,,
`U =fit•
JOHN LWHITE :0 E_
4016 •�_ •
ii pIIIIOIIO1WTUYY`\\\\
PROJECT 1 NO. 12025
PREPARED FOR:
GREEN ACRES STORAGE
X SETH GREEN
550 UNDALE DRIVE
HAWN, IA 52302
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
LAND SU YOR UNDER THE LAWS OF THE STATE OF IOWA.
L
L. WHI DA
CENSE NUMBER 4016
11Y UCENSE RENEWAL DATE IS DECEMBER 31, 2012
SHEETS COVERED BY THIS SEAL : SHEETS 1 & 2
3UESIINNG
£ACIN££RS AND SURVEYORS
1212 LOCK, ST. Cu9LO1E.
(363) 5.50-083
DATE
x-
DATE
REVISIONS
DRAWN BY:
05/05/12
NWL
SCALE:
CHECKED BY:
1 °= 60'
JLW
SITE PLAN
OT 3 HOLLIDAY ADDITION AND
OT 1 HOLLIDAY 3RD ADDITION
DUBUQUE, IOWA.
I1� \ \
\ ▪ -/
KENNETH L -+c
BUESING
10272
1 HEREBY CERTIFY THAT THIS ENGINEERING DOCUMENT WAS
PREPARED BY ME OR UNDER MY DIRECT PERSONAL
SUPERVISION AND THAT I AM A DULY UCENSED PROFESSIONAL
ENGINEER UNDER THE LAWS OF THE STATE OF IOWA.
KENNETH L BUESING (DATE)
LICENSE NUMBER: 10272
MY LICENSE RENEWAL DATE IS DECEMBER 31, 2012
PAGES OR SHEETS COVERED BY THIS SEAL: D.01 AND 0 07
NOTES
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
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CONCRETE I I V
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STORMWAIER TO EXISTING: 7 I
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887 - - 887.40 TO
1" COPPER DOOESTIC SERVICE
AND 6' DIP FIRE SERVICE WITH
/•OST INDICATING \? J VE
EXISTING 6"
WATER \SERVICE
PROPOSED 3 STORY
STORAGE FACILITY`
BUILDING HEIGHT= 33.8 FEET - -
LO
ARY SEWER
LATERAL TO BE EXTENDED
TO SERVICE-BUILDING
164
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20.0' - 30"
▪ EXISTING STORMSEWER TO BE\ RCP 0 50%
_
REMOVED AND REUSED
PRO STS-MH -
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FL IN- =883.3 ,,,,
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ICRETE WASHOUT AREA
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THE CONCRETE WASHOUT AREA IS TO BE A BELOW GRADE 7 X 7' PIT, WITH A MAXIMUM DEPTH OF
AND LINED WITH 10 MIL. PLASTIC SHEETING (FREE FROM HOLES, TEARS, AND SEAMS). THE PLASTIC
:R IS TO BE SECURED USING STAKES, STAPLES OR SANDBAGS. THE PLASTIC LINER SHOULD EXTEND
ONO THE PIT FOR A MINIMUM OF 2'.
A SIGN READING "CONCRETE WASHOUT AREA" SHOULD BE PLACED ADJACENT TO THE PIT.
WASHOUT AREA IS TO BE INSPECTED FREQUENTLY TO ENSURE THE LINER IS INTACT.
ONCE 75X OF TI-10 ORIGINAL VOLUME OF THE WASHOUT PIT IS FILLED OR IF THE UNER IS TORN, THE
TRIAL MUST BE REMOVED AND PROPERLY DISPOSED OF WHEN THE CONCRETE HAS COMPLETELY
!DENED. ONCE THE HARDENED CONCRETE IS REMOVED, THE LINER MUST BE REPLACED IF TORN.
WHEN THE WASHOUT PIT IS NO LONGER NEEDED, THE MATERIAL MUST BE REMOVED AND PROPERLY
'OSED OF WHEN THE CONCRETE HAS COMPLETELY HARDENED. THE PIT SHOULD 'THEN BE BACKFILLED.
.00ATION OF CONCRETE WASHOUT AREA TO BE SPECIFIED BY CONTRACTOR.
RA.ING NTS
1. INS ALL EROSION CONTROL DEVICES
2. GR -DE SITE ACCORDING TO PLAN
3. AD. TEMPORARY CONTROLS AS NEEDED
4. SEE. AND STABILIZE SITE
5. REM.VE TEMPORARY CONTROL ONLY IF SITE IS STABLIZEO.
roposed Re-6c
S=l'orm
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0' 12.5' 25'
SCALE
1" = 50' (11')(17 ")
1" = 25' (24 ")(36 ")
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THE CITY OF
DUB
Masterpiece on the Mississippi
Holliday Third Addition
Vacate Storm Sewer Easement
a product
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DISCLAIMER: This Information was compiled
using the Dubuque Area Geographic Information System
(DAMS), whim Includes data created by both the City of
Dubuque and Dubuque County. It Is understood that, while
the City of Dubuque and participating agencies utilized the
ant and accurate Information available, DAGIS and
It's suppliers do not warrant the accuracy or currency of the
Information or data contained herein. The City and participating
agencies shall not be held liable for any direct, Indirect, Incldental,
consequential, punitive, or special damages, whether foreseeable or
unforeseeable, arising out of the authorized or unauthorized use of
this data or the inability to use this data or out of any breach of
warranty whatsoever.
200100 0
1 inch = 600 feet
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
• OF AN INTEREST AND
VACATE STORM
SEWER EASEMENT
OVER LOT 1'
HOLLIDAY THIRD
ADDITION IN THE
CITY OF DUBUQUE,
DUBUQUE COUNTY,
IOWA
PUBLIC NOTICE is I
hereby given that the
City Council of the City
of Dubuque, Iowa, will
hold a public hearing -
on the 2nd day of July,
2012, at6:30 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
storm sewer easement
in the following
described real property
to Gomer Holliday
Development, LLC:
Lot 1 Holliday Third
Addition in the City of
Dubuque, 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 consi-
dered, 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 avail-
able for viewing in the
Dubuque City Clerk's
Office, 50 W. 13th
Street, Dubuque, Iowa,
during regular busi-
ness 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 Iowa.
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
RESOLUTION
NO. 167-12
RESOLUTION OF
INTENT TO DISPOSE
OF CITY INTEREST
AND VACATE A
STORM SEWER
EASEMENT OVER LOT
1 HOLLIDAY THIRD '
ADDITION IN THE
CITY OF DUBUQUE,
DUBUQUE COUNTY,
IOWA
Whereas, Gomer
Holliday Development,
LLC is the current
owner of Lot 1 Holliday
Third Addition in the
City of Dubuque, Iowa;
and
Whereas, an existing
storm sewer easement
is currently platted on
said Lot 1; and
Whereas, relocation
of said storm sewer is
proposed by said
owner; and
Whereas, Nick Lange,
representing Gomer
Holliday Development,
LLC, has petitioned to
vacate the existing
storm sewer easement
over and across said
Lot 1.
NOW THEREFORE, BE
IT RESOLVED BY THE
CITY COUNCIL OF THE
ITY OF DUBUQUE,
Section 1. That the
City of Dubuque
intends to dispose of
its interest and vacate
a storm sewer
easement over Lot 1
Holliday Third Addition
in the City of Dubuque,
Dubuque County, Iowa,
as shown on the Plat of
Easement prepared by
Buesing & Associates
dated May 24, 2012.
Section. 2. That the
owner has agreed to
relocate the existing
storm sewer line at
their own expense. ,
- Section 3. That the
City Clerk be and is
hereby authorized and
directed to cause a-
notice of intent to 1
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, Mayon
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!
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 $45.82.
13,A,
Subscribed to before m otary Public in and for Dubuque County, Iowa,
this <lora day of , 20 /�..
Notary Public in and for Dubuque County, Iowa.
MARY K WESTERMEYER t
Cammiscion Number 154885 g