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Hillcrest Family Services_Request to Vacate Storm Sewer EasementMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Vacate Storm Sewer Easement Lot 1 Peterson Subdivision No. 2 DATE: November 7, 2012 Dubuque kital All- America City II 111! 2012 In response to a request from Hillcrest Family Services to vacate a storm sewer easement on Lot 1 of Peterson Subdivision No. 2 in the City of Dubuque, Iowa, City Engineer Gus Psihoyos states that the City has no plans for the utilization of the storm sewer easement to be vacated. City Engineer Gus Psihoyos recommends approval of the request to vacate. I concur with the recommendation and respectfully request Mayor and City Council approval. brit44 krt., italy, Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer Dubuque brittll AP-Amato City E 1 I Illr Masterpiece on the Mississippi 2012 TO: Michael C. Van Milligen, City Manage FROM: Gus Psihoyos, City Engineer SUBJECT: Vacate Storm Sewer Easement Lot 1 Peterson Subdivision No.2 DATE: November 5, 2012 INTRODUCTION This is in response to a request from Hillcrest Family Services for the vacating of a storm sewer easement on Lot 1 of Peterson Subdivision No. 2 in the City of Dubuque, Iowa. Engineering Department 50 W. 13th Street Dubuque, Iowa 52001 Office (563) 589 -4270 Fax (563) 589 -4205 www. cityofdubuque. org DISCUSSION The attached Exhibit shows the area of the storm sewer easement to be vacated over and across Lot 1 of Peterson Subdivision No. 2 in the City of Dubuque. The property is owned by Hillcrest Family Services. Hillcrest Family Services had previously relocated the storm sewer and provided easements at their expense during redevelopment of the property. The new easement was granted to the City at the February 20, 2012 council meeting. (Resolution No. 42 -12) RECOMMENDATION The City has no plans for the utilization of the storm sewer easement to be vacated, over and across the portion of Lot 1 of Peterson Subdivision No. 2 indicated on the Exhibit. I would recommend that the area indicated on the attached Exhibit be vacated, and that a public hearing be held for the disposition of the City's interest in the subject area on November 19, 2012. ACTION TO BE TAKEN The recommendation of the City Manager should be approved and a public hearing should be held on the disposal of the property through adoption of the enclosed resolution. Prepared by Ron Turner, PLS Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563)589 -4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563)589 -4270 RESOLUTION NO. 316 -12 RELEASE OF STORM SEWER EASEMENTS OVER AND ACROSS A PORTION OF LOT 1 PETERSON SUBDIVISION NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, storm sewer easements were established over and across Lot 2 -1 Peterson Subdivision and Lot 1- 1- 1- 1- 1 -2 -1 -1 of Link's Subdivision in the City of Dubuque, Iowa, were filed in the office of the Recorder of Dubuque County, Iowa, as File Nos. 12708 -92 and 16703- 92; and Whereas, the Developer of Lot 1 of Peterson Subdivision No. 2 Hillcrest Family Services, has relocated the storm sewer and provided an easement thereto over across said Lot 1; and Whereas, the storm sewer easement designated on the Exhibit attached hereto will no longer be required after development of the site. NOW, THEREFORE, for valuable consideration, the undersigned, City of Dubuque, Iowa, does hereby forever release, vacate, abandon, and discharge storm sewer easements over a portion of Lot 1 Peterson Subdivision No. 2 in the City of Dubuque, Iowa, shown the attached Exhibit to Hillcrest Family Services; however, this Release in no way releases, vacates, abandons, or discharges any other easement shown on the Lot 2 -1 Peterson Subdivision and Lot 1- 1- 1- 1- 1 -2 -1 -1 of Link's Subdivision all in the City of Dubuque Iowa, filed in the office of the Recorder of Dubuque County, Iowa, as File Numbers 12708 -92 and 16703- 92. Passed, approved and adopted this 19th day of November , 2012. Attest: Kevin S. it stahl, City Roy D. Buol, Mayor Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563)589 -4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563)589 -4270 RESOLUTION NO. 31 7 -12 RESOLUTION DISPOSING OF CITY INTEREST IN STORM SEWER EASEMENTS ON LOT 1 OF PETERSON SUBDIVISION 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 the 9th day of November, 2012, the City Council of the City of Dubuque, Iowa met on the 19TH day of November, 2012, at 6:30 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, to consider the disposal of City interest in storm sewer easements over and across a portion of real estate described as: Lot 1 of Peterson Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to dispose of City interest in said easements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the release of City of Dubuque interest in storm sewer easements over and across a portion of real property described as Lot 1 of Peterson Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa, as shown on the attached Exhibit to Hillcrest Family Services, be and the same is hereby approved. Section 2. That the Mayor be authorized and directed to execute a Release of Storm Sewer Easements, and the City Clerk be and is hereby authorized and directed to deliver said Release to Hillcrest Family Services. 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. Passed, approved and adopted this 19thday of November, 2012. o%J Attest ntiil:07_,Ar Kevin S Firnstahl, City Roy D. Buol, Mayor Masterpiece on the Mississippi Dubuque All- America City 2012 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Vacate Storm Sewer Easement Lot 1 Peterson Subdivision No. 2 DATE: October 29, 2012 In response to a request from Hillcre`st Family Services to vacate a storm sewer easement on Lot 1 of Peterson Subdivision No. 2 in the City of Dubuque, Iowa, City Engineer Gus Psihoyos states that the City has no plans for the utilization of the storm sewer easement to be vacated. City Engineer Gus Psihoyos recommends approval of the request to vacate and recommends that a public hearing be set for November 19, 2012, on the disposal of this property. I concur with the recommendation and respectfully request Mayor and City Council approval. brilv4 Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF DUB E Masterpiece on the Mississippi 2012 Dubuque kraal TO: Michael C. Van Milligen, City Manag FROM: Gus Psihoyos, City Engineer _ SUBJECT: Vacate Storm Sewer Easement Lot 1 Peterson Subdivision No.2 DATE: October 8, 2012 INTRODUCTION This is in response to a request from Hillcrest Family Services requesting the vacating of a storm sewer easement on Lot 1 of Peterson Subdivision No. 2 in the City of Dubuque, Iowa. DISCUSSION Engineering Department 50 W. 13th Street Dubuque, Iowa 52001 Office (563) 589 -4270 Fax (563) 589 -4205 www. cityofdubuque. org The attached Exhibit shows the area of the storm sewer easement to be vacated over and across Lot 1 of Peterson Subdivision No. 2 in the City of Dubuque. The property is owned by Hillcrest Family Services. Hillcrest Family Services had previously relocated the storm sewer and provided easements at their expense during redevelopment of the property. The new easement was granted to the City at the February 20, 2012 council meeting. (Resolution No. 42 -12) RECOMMENDATION The City has no plans for the utilization of the storm sewer easement to be vacated, over and across the portion of Lot 1 of Peterson Subdivision No. 2 indicated on the Exhibit. I would recommend that the area indicated on the attached Exhibit be vacated, and that a public hearing be set for the disposal of the City's interest in the subject area on November 13, 2012. ACTION TO BE TAKEN The recommendation of the City Manager should be approved and a public hearing should be set for November 13, 2012 on the disposal of the property through adoption of the enclosed resolution. Prepared by Ron Turner, PLS RESOLUTION NO. 299 -12 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN STORM SEWER EASEMENTS OVER AND ACROSS LOT 1 OF PETERSON SUBDIVISION NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. Whereas, Hillcrest Family Services is the current owner of Lot 1 of Peterson Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa; and Whereas, storm sewer easements are currently platted on said Lot 1; and Whereas, development of said Lot 1 has established an alternate location for storm sewer and has been relocated with easements established for same; and Whereas, Hillcrest Family Services, has petitioned to vacate the former storm sewer easements across a portion of 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 vacate and dispose of its interest in storm sewer easements over a portion of Lot 1 of Peterson Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa, as shown on the attached Exhibit. Section 2. 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. Attest: Kevi Passed, approved and adopted this 5th day of Nove rber, 2012. S. Firnstahl, Cty Roy D. Buol, Mayor LOT 3 -1 PETERSON SUB 40' ROW Hillcrest Family Services VACATE EXHIBIT LOT 1 AND LOT 2 OF PETERSON SUBDIVISION NO. 2 IN THE CITY OF DUBUQUE, IOWA HILLCREST ROAD 1 .(213.00') 1 1 I I� -15' STORM Z �'I I NO. 12 08-92 SEWER I 1 STORM SEWER 0 v t0 L1 EASEMENT INST. 11 NO. 16703 -92 ll LOT 2 -1 11 Il PETERSON SUB l 11 l �N \N88'49'54 "E N87'43'48 "E 570.07' N8$'49'54 "E 81.00' \\ 113.25' �L4 Z 0 0 0 0) LOT 2 J (360.40') LINE BEARING QIST, L1 N87'55'36 "E 32.60' L2 S87'55'36 "W 60.00' L3 S25'33'47 "E 34.48' L4 N01'10'06 "W 7.00' LOT 2 3.545 ACRES VACATE AREA { LOT 1 -1 -1- 1-1-2-1-1 LINK'S SUB LOT 1 1 1.1 91 ACRES LOT 1 -1 -2 1- 1 -2 -1 -1 LINK'S SUB STORM SEWER EASEMENT INST. NO. 16703 -92 108.78' 2 CC S88'49'54 "W 363.67' 30' ROW WILBRICHT LANE LEGS ..,��IIIIII�� 1111111,,. NORTH GRAPHIC SCALE 0 60 120 1" = 60' • DRAWING MAY HAVE BEEN REDUCED NQ 48 ° >> PLAT BOUNDARY `sR* -T 1" IRON PIPE F e6. • FOUND ® FOUND NAIL '- , id? > �%' • SET 5/8" IRON ROD W/ 08, Ss, 'PO RED CAP NO. 12631 8 -9O O SET CUT "X" ROW RIGHT -OF -WAY `S8J ( ) RECORD INFORMATION 85t8, LOT 1 -1 PETERSON SUB L2 6‘. O.6` METTEL LINK PLACE LOT 2 -2 -1 -1 INK'S SUB 242.97' 588'34'51 "W 282.63' (282.58') / LOT 2- 2- 1 -2 -1 -1 INK'S SUB t. G HILLCREST ROAD CATCH BASIN 5B1S `� --P — \ \ \ \ \ \ \ \1 I I 1 ) , I STORM SEW I ER I I EASEMENT INST. 1 I I NO. 16703 -92 1 F."-----4-15. STORM SEWER 1 1 1 EASEMENT INST. 1 I NO. 12708 -92 1 1 I 101 1 1 1 N`1 1 r JL 8B® 0 BLDG rrest !Family services 0 y0 A, 11 o I 1 4. 1 I 1 ,1 i .1 11 I 11 I 1 RIM 850.48 \ FL 843.18 SE BLDG J` ♦`� \ 435o. ®BB --. \ — FIBER' . OP71C \ \ --------------,. VAULT . s es i G ROCK WALL 101 ONIN8dd 11VHdSV ■ 0 �� STORM SEWER < \��u !l' EASEMENT INST. 1 p� \ C \ N0. 16703 -92 o0- eNf `l ` \\;\'" \ 1�4Og1r 1 \ /sue; \` \ �\ GCi+S LINE- APPROn LOC - ASPHALT ) h CATCH BA4.4 IC 846.63 CATCH\BASIN G 841.23. . FL 836.13.N KY EL 835.73 SE�c'x —�� ' CATCH BASIN "9 G 841.25 FL 834.85 NW 0 Hillcrest Family Services 2445 N New Easement Existing Easement to be vacated 91. 2474 1925 DISCLAIMER: This Information was compiled using the Dubuque Area Geographic Information System ( DAGIS), which Includes data created by both the City of Dubuque and Dubuque County. It L• understood that, while the City of Dubuque and participating agencies utilized the most current 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, Incidental, 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. 100 1 inch = 100 feet 50 0 100 Feet Map Prepared by: City of Dubuque Engineering Division 50 West 13th Street Dubuque, Iowa 52001 Phone: (563) 589 -4270 Fax: (563) 589 -4205 RESOLUTION NO. 299-12 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN STORM SEWER EASE - MENTS OVER AND ACROSS LOT 1 OF PETERSON SUBDIVI- SION NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOVIA. Whereas, Hillcrest Family Services is the current owner of Lot 1 of Peterson Subdivi- sion No. 2 in the City of Dubuque, Dubuque County, Iowa; and Whereas, storm sewer easements are currently platted on said Lot 1; and Whereas, develop- ment of said Lot 1 has established an alter- nate location for storm sewer and has been relocated with ease- ments established for same; and Whereas, Hillcrest Family Services, has petitioned to vacate the former storm sewer easements across a portion of 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 vacate and dispose of its interest in storm sewer easements over a portion of Lot 1 of Peterson Subdivision DNo. 2 the City of ubuquein , Dubuque County, Iowa, as shown on the attached Exhibit. Section 2. 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 mariner as prescribed by law. Passed, approved and adopted this 5th day of November, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk it 11/9 NOTICE OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF'IIE INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will hold a public hearing on the 19th day of November, 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 an interest in storm sewer ease- ments over and across the real followingidescribed Hillcrest property Familto y Services: Lot 1 of Peterson Subdivision No. 2 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 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, and approve or abandon the proposal. 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 364.7 of the Code of Iowa. Copies of supporting documents for the public hearings are on file in the City Clerk's Office and may be viewed during normal working hours. Any visual or hearing, mpaired persons need- ing special assistance or persons with special accessibility needs should contact the City Clerk's Office at (563) 589 -4120 or TTY (563) 690 -6678 at least 48 hours prior to the meeting. Dated this 9th day of November, 2012. Kevin S. Firnstafil, CMC City Clerk 1/9 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: November 09, 2012, and for which the charge is $44.71. Subscribed to before me, otary Public in and for Dubuque County, Iowa, , 20 / . this day of Notary Public in and for Dubuque County, Iowa. r MARY K. WESTERMEYER Commission Numter 150385 !I IIIIIIIIIIIIII//III//(IIII/IIIIIII/III/ihI/I/IIIIIIIII//II///IIIIIII/IIIih/III i i i i i i i i i i i i i 1 i i i i i i I i i i i i i i i i i i i i i i i i i i i i i i i i i Doc ID: 007554620003 Type: GEN Kind: RELEASE OF EASEMENT Recorded: 11/21/2012 at 03:39:00 PM Fee Amt: $17.00 Pape 1 of 3 Dubuque County Iowa Kathy Flynn Thurlow Recorder Fi1e2012 -0002 13 i 1 1 II Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563)589 -4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563)589 -4270 RESOLUTION NO. 316 _12 RELEASE OF STORM SEWER EASEMENTS OVER AND ACROSS A PORTION OF LOT 1 PETERSON SUBDIVISION NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, storm sewer easements were established over and across Lot 2 -1 Peterson Subdivision and Lot 1- 1- 1- 1- 1 -2 -1 -1 of Link's Subdivision in the City of Dubuque, Iowa, were filed in the office of the Recorder of Dubuque County, Iowa, as File Nos. 12708 -92 and 16703- 92; and Whereas, the Developer of Lot 1 of Peterson Subdivision No. 2 Hillcrest Family Services, has relocated the storm sewer and provided an easement thereto over across said Lot 1; and Whereas, the storm sewer easement designated on the Exhibit attached hereto will no longer be required after development of the site. NOW, THEREFORE, for valuable consideration, the undersigned, City of Dubuque, Iowa, does hereby forever release, vacate, abandon, and discharge storm sewer easements over a portion of Lot 1 Peterson Subdivision No. 2 in the City of Dubuque, Iowa, shown the attached Exhibit to Hillcrest Family Services; however, this Release in no way releases, vacates, abandons, or discharges any other easement shown on the Lot 2 -1 Peterson Subdivision and Lot 1- 1- 1- 1- 1 -2 -1 -1 of Link's Subdivision all in the City of Dubuque Iowa, filed in the office of the Recorder of Dubuque County, Iowa, as File Numbers 12708 -92 and 16703- 92. Passed, approved and adopted this 19th day of November , 2012. Attest: #1,‘,2d‘"JW Kevin S. it stahl, City ' Roy D. Buol, Mayor LOT 3 -1 PETERSON SUB L1 40' ROW Hillcrest Family Services VACATE EXHIBIT LOT 1 AND LOT 2 OF PETERSON SUBDIVISION NO. 2 IN THE CITY OF DUBUQUE, IOWA HILLCREST ROAD .(213.00') 1 .14 ' I I►- 115' STORM IN SEWER STORM SEWER I N0. 12705-92 EASEMENT INST. 4 1 NO. 16703 -92 1j 1- LOT 2 -1 Ik PETERSON SUB 1I ,` 4lll �� ' \, \N88'49'S4 "E \ 113.25 M87'43'48 "E 570.07' (360.40') LIB BEARING QIST. L1 N87'5536 "E 32.60' L2 587'55'36 "W 60.00' L3 S25'33'47 "E 34.48' L4 N0110'06 "W 7.00' N8$'49'54 "E 81.00' L4 S73 43'2" SS 7s, E LOT 2 3.545 ACRES LEGEND PLAT BOUNDARY • FOUND 1" IRON PIPE El FOUND NAIL • SET 5/8" IRON ROD W/ RED CAP NO. 12631 O SET CUT "X" ROW RIGHT-OF-WAY ( ) RECORD INFORMATION .. 0,dlilliNlllllu,.. NORTH GRAPHIC SCALE 0 60 120 1 " =60' DRAWING MAY HAVE BEEN REDUCED gB��RF 9se G >8n'r� Ss• 1QO 8 8- ss. LOT 1 -1 PETERSON SUB LOT 1 -1 -1- 1-1-2-1-1 UNK'S SUB LOT 2 VACATE AREA J LOT1 Ilr LOT 2 -2 71 -1 UNK'S SUB "6• 1.191 ACRES 108.78' N 0 LOT 1 -1 -2 1- 1 -2 -1 -1 UNK'S SUB ML.I ILL LINK PLACE STORM SEWER EASEMENT INST NO. 16703 -92 -,gr- S88'49'54 "W 363.67' 30' ROW WILBRICHT LANE 242.97' S88'34'51 "W 282.63' (282.58') LOT 2- 2- 1 -2 -1 -1 UNK'S SUB STATE OF IOWA CERTIFICATE of the CITY CLERK SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. do further state that the hereto attached Resolution No. 316 -12 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 21st day of November, 2012. Kevi S. Firnstahl, CMC, C lerk um111111xw11mmmn11u1111111wiuNi11111111 Doc ID 007554630003 Type GEN Kind RESOLUTION Recorded: 11/21/2012 at 03:39:28 PM Fee Amt: $17.00 Page 1 of 3 Dubuque County Iowa Kathy Flynn Thurlow Recorder Fi1e2012- 00021312 Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563)589 -4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563)589 -4270 RESOLUTION NO. 317 -12 RESOLUTION DISPOSING OF CITY INTEREST IN STORM SEWER EASEMENTS ON LOT 1 OF PETERSON SUBDIVISION 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 the 9th day of November, 2012, the City Council of the City of Dubuque, Iowa met on the 19TH day of November, 2012, at 6:30 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, to consider the disposal of City interest in storm sewer easements over and across a portion of real estate described as: Lot 1 of Peterson Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to dispose of City interest in said easements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the release of City of Dubuque interest in storm sewer easements over and across a portion of real property described as Lot 1 of Peterson Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa, as shown on the attached Exhibit to Hillcrest Family Services, be and the same is hereby approved. Section 2. That the Mayor be authorized and directed to execute a Release of Storm Sewer Easements, and the City Clerk be and is hereby authorized and directed to deliver said Release to Hillcrest Family Services. 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. Passed, approved and adopted this 19thday of November, 2012. Attest'�� worApOV Kevin S Firnstahl, City Roy D. Buol, Mayor (1OD C; cleyn LOT 3-1 PETERSON SUB 40' ROW Hillcrest Family Services VACATE EXHIBIT LOT '1 AND LOT 2 OF PETERSON SUBDIVISION NO. 2 IN THE CITY OF DUBUQUE, IOWA HILLCREST ROAD N8T43'48 "E 570:07' \(213.00') 11 , STORM SEWER STORM SEWER -� 1 i NOS 12708-92 EASEMENT INST. 1 I NO. 16703 -92 I -1 11 1 PETERSON SUB 111 �t\ �N88'49'54 "E \ 113.25' cc LOT 2 108.78' . N88'49'54 "E 81.00' LOT 1 -1 -1- 1-1-2-1-1 LINK'S. SUB (360.40') LEE. BEARING DIST., L1 N87'55'36 "E 32.60' L2 S87'55'36 "W 60.00' L3 S25•33'47'E 34.48' L4 NO1'10'06 "W 7.00' SX34327" 5S 75, LOT 2 3.545 ACRES VACATE AREA LOT1 1.191 ACRES • LOT 1 -1 -2 1- 1 -2 -1 -1 LINK'S SUB LEGEND PLAT BOUNDARY • FOUND 1" IRON PIPE ® FOUND NAIL O SET 5/8" IRON ROD W/ RED CAP NO. 12631 O SET CUT "X" ROW RIGHT -OF -WAY ( ) RECORD INFORMATION _, mlllll�lfflllil,;. NORTH GRAPHIC SCALE 0 60 120 1" = 60' sg8. DRAWING MAY HAVE BEEN REDUCED 0> ).> '08, •SS, 450 �p8y cP J ss• LOT 1 -1 PETERSON SUB LOT 2 -2 -1 -1 UNK'S SUB F METTEL LINK PLACE STORM SEWER EASEMENT INST. NO. 16703 -92 LOT 2- 2- 1 -2 -1 -1 LINK'S SUB 588'49'54 "W 363.67' 30' ROW Di 39.66' WILBRICHT LANE 242.97' S88'34'51 "W 282.63' (282.58') CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 317 -12 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 21st day of November, 2012. Kevi Firnstahl, CM ity Clerk