Loading...
Harvest View Estates_Vacate of Sanitary Sewer EasementMasterpiece on the Mississippi Dubuque kital All- America City II 111! 2012 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Vacate Sanitary Sewer Easement - Harvest View Estates First Addition DATE: January 14, 2013 A request has been received from Attorney Dave Clemens to clarify the status of a 1982 sanitary sewer easement over a now abandoned sewer in Harvest View Estates First Addition. The plat for Harvest View Estates realigned a sanitary sewer easement for Church of the Resurrection property to match the proposed lot lines. A note on the preliminary and final plats of Harvest View Estates First Addition stated that the existing sanitary sewer easement was to be vacated after installation and acceptance of the public utility improvements. The public improvements installed by the developer of Harvest View Estates First Addition were accepted by City Council Resolution No. 116 -06 on April 3, 2006. Said Resolution did not make reference to the vacating of the easement for the now abandoned sanitary sewer. In order to clarify the status of the easement established in 1982 for the sewer, now abandoned and realigned in accordance with the improvement plans, City Engineer Gus Psihoyos recommends City Council approval of a resolution acknowledging the vacation of the sanitary sewer easement. 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 Masterpiece on the Mississippi TO: Michael C. VanMilligan FROM: Gus Psihoyos, City Engineer SUBJECT: Vacate Sanitary Sewer Easement — Harvest View Estates First Addition DATE: January 14, 2013 INTRODUCTION Dubuque klitteg all-anericacer l l-knr 2012 This action is in response to a request from Dave Clemens, of Clemens, Walters, Conlon, Meyer, L.L.P., to clarify the status of a sanitary sewer easement over a now abandoned sewer in Harvest View Estates First Addition. BACKGROUND In 1982, a 20 foot wide sanitary sewer easement was obtained from Lester Hilby over and across Lot 1 of 1 of 1 of the E'/ of the SW'/ of Section 16, T89N, R2E, 5th P.M. in order to construct a sanitary sewer to serve Church of the Resurrection property. The Hilby Farm was later developed as Harvest View Estates. As a result of platting the area into Tots and public streets, the existing sewer needed to be realigned to match the proposed lot lines. The improvement plans for the development were approved with the final plat of Harvest View Estates First Addition. The City also entered into an agreement with the developer to construct the sanitary sewer with the developer reimbursing the City for the cost of construction. A note on the preliminary and final plats of Harvest View Estates First Addition stated that the existing sanitary sewer easement was to be vacated after installation and acceptance of the public utility improvements. DISCUSSION The public improvements installed by the developer of Harvest View Estates First Addition were accepted by City Council Resolution No. 116 -06 on April 3, 2006. Said Resolution did not make reference to the vacating of the easement for the now abandoned sanitary sewer. In order to clarify the status of the easement established in 1982 for the sewer, now abandoned and realigned in accordance with the improvement plans, the City Attorney has prepared a resolution acknowledging the vacation of the 1982 sanitary sewer easement. RECOMMENDATION I would recommend that the sanitary sewer easement established in 1982 be declared abandoned and vacated as a result of realignment of the sewer and that the resolution of acknowledging the vacation be adopted. ACTION TO BE TAKEN The recommendation of the City Manager should be approved for the acknowledgment of vacation of the sanitary sewer easement through the adoption of the enclosed resolution. Prepared by Ron Turner, PLS Prepared by Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 RESOLUTION NO. 17-13 ACKNOWLEDGING THE VACATION OF A SANITARY SEWER EASEMENT IN LOT 1 OF LOT 1 OF LOT 1 OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 16, T89N, R2E OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, by Grant of Easement dated February 19, 1982, Lester Hilby granted to the City of Dubuque an easement through and across Lot 1 of Lot 1 of Lot 1 of the East half of the Southwest Quarter of Section 16, T89N, R2E of the Fifth PM in the City of Dubuque, Iowa, as shown on Exhibit A (the Easement); and Whereas, the Easement was platted in the Plat of Survey recorded May 8, 2001 as Instrument no. 6466-01 records of Dubuque County, Iowa, as shown on Exhibit B; and Whereas, by Resolution No. 116-06 the City Council accepted certain public improvements in Harvest View Estates and Harvest Business Center as indicated on Exhibit C, and it was the intent of the City Council that the Easement would be abandoned upon dedication of a new easement for such improvements and acceptance of such public improvements; and Whereas, by Resolution No. 349-01 the public improvements were accepted by the City Council and a new easement for such improvements was established as shown on Exhibit D; and Whereas, the City Council now desires to declare its intent that the Easement on Exhibit B should stand as abandoned. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The Easement shown on Exhibit B is hereby declared abandoned. Section 2. The City Clerk is hereby authorized and directed to record this Resolution with the Dubuque County Recorder. Passed, approved and adopted this 22nd day of January Attest: , 2013. F:\ USERS \tsteckle \Lindahl \Resolutions \HarvestViewEstates AcknowledgingVacation _010813.doc PLAT OF LOT / OF /. OF / OF THE 'EAST 1/2 OF THE SOUTHWEST 1/4 OF SECT /ON /6, T89N, 'R 2E, 5TH PM, IN THE CITY OF DUBUQUE, IOWA SHOWING A 20' WIDE EASEMENT CENTERED OVER A SANITARY SEWER. SCALE / = 200 l- l- E / /4- SY //.4,SEC I6,T 09R,R2E,6PA/ ti u 4i 1207' I- I -/ -E / /2 -SW 1/4, SEC 16, T89N,R2E,5PM. 460,04' ASBURY 4SLM 211E 1/4 -1/19 1/4i SEC 11, 7 89N R 1 . S PM _ Y J72.42 ROAD 1-1-NE I/4-NW I /4, SEC 21,7'89N, R 2E, 5 PM EXHIBIT A -1 GMNT OF EASEMENT For and in consideration of the sum of One Dollar ($1.00) and other good and valuable con - si(ieration, the receipt whereof is hereby acknowledged, Lester Hilby 3966 Asbury Road of Dubuque County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and convey to CITY OF DUBUQUE, IOWA, a municipal corporation, its agents and contractors, in perpetuity, from the date hereof, a right of sway and easement through, under and across the following described real estate situated in Dubuque County, Iowa, to-wit: Lot 1- 1- 1- Ez -SW4- Section 16 T89N, Range 2 East of 5th PM in the City of Dubuque, Iowa ,Twenty (20) feet in width along a centerline shown on the attached plat, for the purpose of constructing and maintaining a sanitary sewer of the City of Dubuque, Iowa, together with the right to enter upon said property and occupy a strip fifty (50) feet in width along said centerline during the period of construction of said sewer and until the sewer is accepted by the said City. It is understood and agreed that the grantee herein shall repair or replace property which may be disturbed in the installation or repair of said sewer. To have and to hold unto the said City of Dubuque, Iowa, forever, and the undersigned do hereby expressly convenant that they are the owners in fee of said real estate and have good right to execute this agreement, and that the grantee, its agents or contractors, shall at all times have free access to and egress from and over said real estate to maintain, remodel or•r pair said sanitary sewer thereon or therein. Dated at Dubuque, Iowa, this 19th day of February �.. fr�r...• G.: +. '8?. Nil rtn 10 I fi 1358'-82 COUNTY P,+ coRr"Y� r•Gcs STATE MOW C.0"6r(C que COUNTY, ss: 1982 On this 19th day of February A.D., 19 82 before nre, the undersigned, a Notary Public in and for said County, in said State, personally appeared Lester Hilby to me known to be the identical persons named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that they_exec: red .tjre same as their voluntary act and deed; „,) l / Notary 'ublrc in and for sal• ' Co my LEO A McCftRIMfY G1YS ptem o vos22yES EXNl t3.tr A-2- (Page 1 of 5) . PREPARED BY: LAWRENCE A. BOYER L. S. 9761 64E0451 • Y � 16466:01 2001 HAY -8 PM 31116 WHKS & CO., 470 CENTRAL AVENUE, DUBUQUE, IOWA 52001 (319)582 -5481 PLAT OF SURVEY DIVISION OF LOT 1 OF LOT 1 OF LOT 1 OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 16,T89N, R2E OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA LOT 2 -1 E V'I /4 Esv.t. Iii TIH11.1 8259 LOT 1.2 -1 -1 13 1rs, SiW1 /4 iiEE(: 18 T891•1 (t2: LOT 1-1-2 811/2 S11 s 4 SEX 10 T111:1•1 112:: 0 SCALE IN FEET 1' - .200' 100 200 LOT ,: OF LOT 2 OF 1.OT 1 ILLY LINE LOT 1 OF LOT 1 OF LOT 1 E 1/2 56 1/4 5E0 18, 18914. 1,25 11 08'5441' E �r 49,49 e " P`'? 1277.7$' (1284.30') t 400 LOT 1 OF S11(iDlVl,iIO)9 0(r DI.bOi%Il f'lii)1'El)TY E'LY 1.11,1E LOT 1 OF LOT 1 OF LOT E 1/2 SW 1/4 SEC 10, T09N, R2E LOT 1 OF 1 OF 1 OF 1 cereenLH1E 20' 810E EXISIIND SANITARY SEWER EASEMENT Y(LY. LINE 1.01 1 OF LOT 1 OF LOT 1 cE 1/2 019 1/4 EEC 16. T89N, 112E SLY 11NE LOT 1 OF LOT 1 OF LOT 1 E 1/2 5W 1/4 SEC 16, T89N, R2E 19 Ssa'31'271w 400.04' -� 20' WIDE Ir 89'26'12' lY 111,14' i 6 i(: yy 61 I M o'1 Uo 6 8549'42. 488.98' 1.�. A,.,. .(454.161 '� -- - �.- -- "927,51' (912,60') -- --- 588'J1'271f, 2665.05'- 1HER 1 SW 6LY LINE SW 1/4 5W COf / SECTION td, T09N, OE SECTION 18, Tam R2E PLACED (1NL AN0 CAP 1H ASPHALT PAVEMENT LEGEND SURIEYED BOUNDARY LINE • 10060 6/8 filth RE9NR NONUMENT PLACE0 T-130 IWI. VI/CAP 9761 RECORD NEASURENENF Survey requested by: TIM E. HILBY SARA J. H1LBY to O ( ) LOT t," ))E.K.1 111111•iA. $LAD N11.'.1 I.OT 3 I11.1; 1 BUENA VITA 6(61 Fit).: 1:OT :1 111.8 1 HVERA VISTA SUB 10.9 LOOT 1 111,E.1 lilflNA. VISTA Sus FIO,11 1. •l: 44,.35,93' .u1.- ■\` \\ 1 263.42' \ \ ASSURY ROAD (71' 111125) 4.4 LOT :i i)tlFiiv, VISTA so 810. :9 mil 2 i)11(tl•JA V15TA 11(111 (•10.3 t1lI8NA VISTA .6Uli..l•I11. ^s L41T 1 BUENA - YISiTA 0011 110.3 SE 504158 514 1/4 SEC 18, T89N. 6125, F0UN0 5/9 INCH 558AR 0068 cOttCREIE 0206UME1 8 AREA SURVEYED ACMES L0T 1 OF LOT 1 OF LOT 1 OF 1.0T 1 30,51 LOT 2 OF LOT 1 OF LOT 1 OF LOT 1 1.00 TOTAL 30.61 OASIS OT BEARING SHOwl HERE011 15 tosED OH THE00SU011E "AREA CIS WHKS &CO. 01 llW6 Mllene1 r.�rerr 1),0616151001 470 CENIAAL AWNUE 311- 562 -1181. . OU2900E 10401 52001 -7024 �S4�eU tiN1DAe+, � &LAWRENCE Ayr. II BOYER 9781 / I hereby eerlIfy (hot IhIS land eurvetfng da'tumenl was prepared and the related survey, work was pesfarmed by me et under my direct /,8010061 eupervIeloa and Thal 1 ern 0 duty licensed Land 5u ye oc. ider the lows at the Slate of lows. A/4 2� 2e4y Dale Lawrence A, Boyer Ueenle Number 0761 Dote or 500607: April 27, 2001" My license renewal dote to December 31, 2002. Sheets covered by UN eeoN i,2 and 3 of 3 PROJECT: 5824.2 EXHIBIT B SHEET 1 OF 3 File Number: 2001 - 00006466 Beq: 1 FILE COPY RESOLUTION NO, 116-06 ACCEPTING IMPROVEMENTS IN HARVEST VIEW ESTATES & HARVEST BUSINESS CENTER Whereas, pursuant to Resolution Nos. 349 -01, 248 -02, 42 -03, 470 -03, 46=04, and 259 -02, certain public improvements including street paving, storm sewer, sanitary sewer, watermain, stormwater detention facilities, and street lighting were installed by the developer of the Harvest. View Estates & Harvest Business Center. Whereas, the improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvements in the Harvest View Estate s & Harvest Business Center, be and the same is hereby accepted. Section 2. That maintenance of said public improvernents shall be the responsibility of the contractors for a period of two (2) years from this date. Passed, approved and adopted this 3rd day of Apr' 1 , 2006. Attest: eanne F. Schneider, CMC, City Clerk EXHIBIT C oy D. Buol, Mayor PREPARED BY: LAWRENCE A. BOYER L.S. 9761 WHIGS at CO., 470 CENTRAL AVENUE, DUBUQUE, IOWA 52001 (319)582 -5481 HARVEST VIEW ESTATES FIRST ADDITION TO THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA NW CORNER LOT A SHEET 7 MATCH UNE B -B SHEET 2 UI 111 t•• 111.2••I t "I .w ••1 :at 0 z 0 LEGEND SURVEYED BOUNDARY LINE BLOCK LINE ___—_ 0 UTILITY EASEMENT -- - UTILITY AND SURFACE DRAINAGE EASEMENT SANITARY SEWER AND SURFACE DRAINAGE EASEMENT--"-- SANITARY SEWER EASEMENT A FOUND 5/6 INCH REBAR MONUMENT • FOUND IRON T -BAR MON W /CAP 9761 0 • PLACED IRON T -BAR AIO6 W /CAP 9761 SCALE IN FEET 1' = 100' `.UTLITY AND SURFACE ".ORMRAG6 EASEMENT N •06• N N 30.00' 30' SMUTARY SEWER AND SURFACE DRAINAGE EASEMENT 4 e - • ri 50 100 t3 C m 7 N X40• UTILITY AND SURFACE DRAINAGE EASEMENT LOT 3• 01;▪ 41°' ,+5 563'01'42r EI 1.92' 2 • °oo, 5 513311.9'24,17,,,, . m..`. 5 56'01'47 °E : -- ` 31.92' •' 56'01'47' E10.26L UIRITY EASEMENI4. Y I I I 1 I I L_ ' /; 1 1 \/ I • r ♦ r I I I- - 1 LOT 38 30' SANITARY '- .SEWER EASEMENT ,' r I I I- - WLY LINE LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 E 1/2 SW 1/4 SEC 16, T89N, R2E N 01'25'27' w, LOT B 3.51' SEE DETAIL. 2' N 8741'x9° E l; 6 200 587'33'10"W • t41.32'' UnU1Y EASEMENT Po S $ LOT 28 8.0 •w s 673310 155.56' LOT 29 y9. :ry w 01 t n.. 1 . c'wHEA1L Tr' \\ 6 13 `� ‘Y ...•17.95' �i LOT 24 , SS• UTILITY EASEMENT 4 4 ,ms a9�,y/ 15.00' H 10' UTILITY EASEMENT 1.4 IN 110' IJIII.ITY 0210 SURFACE ° 1 I DRAINAGE !EASEMENT !LOT 33 3.9 1 1873 W�� Iu1 Im 10.00'- -4 I 120.00 I'F"1D'U111N $• I EASEMENT, 8�!LOT 34 g ' • I-.-- 10.00' I ,H-12 SANITARY SEWER EASEMENT o : LOT 35 $ I 11• W I INN IVY 0 m LOT 23 1S' 8 r • LOT 22 a UTILITY AND SURF • LURE EASEMENT of 87, l�j,'10" — 120.00 � N ° LOT 21 120.00 1`� EASEMENT LOT 36 • 8 '10 W 1 120.00 F- -10.00' LOT 37 1 L_ 1 60.00' SANITARY SEWER' I EASEMENT 20 8 EASEMENT • 99.66'7' 120.00 LOT 19 '1, 120.00 -�` LOT 18 •`/ - +29.58' •- - ('5@4'' ,63 a ya' rm. lrM 0. W I o • 1 LOT 15 t7120,00 — CUTIUTY "1 EASEMENT . LOT 184'0 1 0.DD' 120.00 110.00'. S 88'31'27" W 460.04' 5 88'4942" E 489.07' S'LY UNE LOT 1 OF LOT I — O�LST I O�LIST 1 E l f - - -- SW 1/4 SEC 16, 789N. R26 S'LY LINE SW 1/4 SECTION 16, 1896, R2El WHKS & CO, ENGINEERS ►W01ERS LAND SURVEYORS 470 CORRAL AVENUE 053- 562-5461 DUBUQUE. IOWA 52001 -7024 PROJECT: 6010 ct LOT 17 w 33,63;•. LS 9.;'07'08' E: war EXHIBIT 0 -1 LOT B SHEET 2 OF10 'REPARED BY: LAWRENCE A. BOYER L.S. 9761 WHKS do CO.. 470 CENTRAL AVENUE, DUBUQUE, IOWA 52001 (319)582 -5481 HARVEST VIEW ESTATES FIRST. ADDITION TO THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA LOT 29 6' O / LOT 30 +S 56'01'47' E LOT 31 N ti UNL11Y AND SURFAC DRAINAGE EASEMENT LOT 26 S 28'06'28' W 61.16' o; SCALE IN FEET 1" = 100' 0 50 100 0. J 31.92' o' • A 14A9' T 1 sl2 • y °- LOT 25 s 29 "� 69 ) s ... god 1� i, 4i� '� CP o ., ''LQT,11- . LOT 24 �. s I I I 4's .S>, Y EASEMENT t„ • er '.�'�';. Dry t1 �\O d'' ' e 'S�OF'• UT1ll7Y DEEMER ,, ,yo,', LOT 23 a/ ss.. LOT 12 • . *4/ 4 / . ,O. • p4� ..�'rL , P' 47 kyy, o. C. ,og , w� LOT 13 ?' h� '''''.4'.•!' , ----cumin, k SURFACE • r y+ DRAINAGE EASEMENT o,, 4, 164, y0 LOT 22 `. � 6 4 s po UTILITY AND sue .= Y RAINAGE EASEMENT jJ • f •S , �• LOT 5 r 87:33:j 0° m A 6' S�2 .. LOT 14 ?'Z� tit, V , Zn co z 0 N 0 ti 0 w1 '5.10' —120. o° LOT 21$ 16 SANITARY SEWER' I EASEMENT 20 o unu1Y EASEMENT 4 S 120.00 1 LOT 19 I" 7' , 120.00 1 LOT 18 • 1;7,29.56' par dG,I ru 11,111 1� � o: • °o_'. LOT 15 Ll_587' 3'ITit /fA-720.00 wUNLITY -. E• ASEMENT oo w r, g 0I O 01/4 Z N 5 0 . m TAz • = cm 86'49'42^ E 469,67' SLY LINE LOT 1 OF LOT 1 OF LOT 1 OF `• N LOT 1 E 1/2 SW Fri SEC 16, 189N, R2E .-1 LOT 18 °-o 10.00' 1 0.00^ -LOT 17 6 w 33.831., LS 9607'06^ E z+W or. 00 LOT B •0. N ▪ I • 'As (0 1 - 60 120.00' N ° 1� LOT 3 1 SBr3 10 "W 1 10,61'', rj 120.00 1(unuTY 10L EASEMENT q$ LOT 2 120.00' LOT 1 *66. ' • : 1 200 NORTHEAST CORNER 10T 10 N LOT 1 ELF: 1 Yj' BUENA VISTA SHEET 4 n1 SUB ND.S co LOT 10 E'LY LINE LOT 1 OF LOT 1 OF L01 1 OF LOT 1 E 1/2 4. SW 1/4 SEC 16, 189N, R2E'N„.... gyp. ?i: UTILITY EASEMENT so LOT, D .,4 �.• C,, r °b. �•hoQ iyg y4°1 • 15.71'LOT9'84 l € - -. +N 51'10'21" W, \\A' 53.86' .t9\ ^3. • N UTILITY 1 EASEMENT LOT 8 /UTIU7Y EASENENk 111111 11 • MATCH LINE SHEET 3 1 4 -;11.' $LOT 7 ° p o ■1116 u s dos. 0. -111.14'— 13T 3 BUENA VISTA. SUB 110.7 IJIIUTY AND SURFACE DRAINAGE EASEMENT 10.00' LOT 2 BUENA VISTA SUFI 1'x0.3 1.111 1 BUENA VISTA SUB N0.3 UTILITY EASE 1 11-- 1 UTILITY AN0 SURFACE DRAINAGE EASEMENT N 01. m LOT A S 88'31'27' W 189.04' S 85'31'2r W 374.42' N 89'26'12" W z t `! U'0 f LOT 1 'KITCHEN FAMILY PROPERTIES E'LY LINE LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 E 1/2 SW 1/4 SEC 16, 789N, R2E SE CORNER 5W 1/4 SEC 16, 789N, 92E, FOUND 5/8 INCH REBAR OVER CONCRETE MONUMENT 111.00' S'LY LINE5W1 /4 ASBU SCCTION 16. T65N, 95E RY ROAD WHKS MINDERS PLANNERS 'AND 500909(05 470 CENINI AVENUE 563 -082 -5461 DUBUOUE. IOWA 52001 -7024 PROJECT: 6010 EXHIBIT D -2 LEGEND SURVEYED BOUNDARY LINE 910C1< UTILITY EASLINE EMENT UTILITY 9 SURFACE DRAINAGE EASEMENT SANITARY SEWER EASEMENT FOUND 5/8 INCH REBAR MONUMENT FOUND 1RON T-BAR MON W /CAP 9761 PLACED IRON 7-BAR MON W /CAP 9761 I 0 ) RECORD MEASUREMENT SHEET 3 OF10 PART OP 1.07 2 I'FO1E1. FARM ' SEC' 21 T601'I U7. • • THE CITY OF DUB Masterpiece on the Mississippi Harvest View Estates Vacate Sanitar Sewer Easemnt DAGIS DUBUQUE AREA C.aGRAPHIC INFCaMATION DISCLAIMER: This Informal on was compiled sing the Dubuque Area Geographic Information System (DAGIS), which Includes data created by both the City of Dubuque and Dubuque Coun y. It Is understood that, while the City of Dubuque and par Idpating agencies utilized the most current and accurate In ormation available, DAGIS and Its suppliers do not warrant he accuracy or currency of the Information or data contained herein. The City and participating agencies shall not be held cable for any direct, Indirect, Incidental, usequential, punitive, or special damages, whether foreseeable or nforeseeable, 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. 1 inch = 500 feet 200100 0 200 400 600 800 Feet N W E S Map Prepared by: City of Dubuque Engineering Division 50 West 13th Street Dubuque, Iowa 52001 Phone: (563) 589 -4270 Fax: (563) 589 -4205 1 THE CITY OF DUB TE Masterpiece on the Mississippi Harvest View Estates Vacate Sanitar Sewer Easement �6A a product of GIS DUBUQUE AREA GEOGRAPHIC INFORMATION SYSTEM 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 is understood that, while the City of Dubuque and participating agencies utilized the most current and accurate information available, DAGIS and its 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. 1 inch = 120 feet 100 50 0 100 200 Feet N W E S Map Prepared by: City of Dubuque Engineering Division 50 West 13th Street Dubuque, Iowa 52001 Phone: (563) 589 -4270 Fax: (563) 589 -4205 Masterpiece on the Mississippi Harvest View Estates Vacate Sanitary Sewer Easement r5A a product of GIS DUBUQUE AREA GEOGRAPHIC INFORMATION SYSTEM 4300 7 FJ 2424 2430 4250 3955 ASBURY RD Ad St 2342 2340 2324` 2320 j 2310 2308 2302i 2300. • L`l • 3664, 3662 3660 4 3650 3860 L 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 is understood that, while the City of Dubuque and participating agencies utilized the most current and accurate information available, DAGIS and its 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. 1 inch = 120 feet 100 50 0 100 200 Feet N W E S Map Prepared by: City of Dubuque Engineering Division 50 West 13th Street Dubuque, Iowa 52001 Phone: (563) 589 -4270 Fax: (563) 589 -4205 1ii01111111111iiiiiiiiiiiiiiiiiiii ►iiii►iiii►iiiiiiii1 Doc ID: 007672350009 Type: Kind: RESOLUTION Recorded: 04/24/2013 at 04:07:50 PM Pag Fee Amt: Dubuque County 0 0Iowae 1 of 9 Kathy O13 00006977 File20 Prepared by Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113 j]ie fLu'- .kr1s --a -I 5o 13 4-11 D6 03)A. )A. 5Z001 RESOLUTION NO. 17 -13 ACKNOWLEDGING THE VACATION OF A SANITARY SEWER EASEMENT IN LOT 1 OF LOT 1 OF LOT 1 OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 16, T89N, R2E OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, by Grant of Easement dated February 19, 1982, Lester Hilby granted to the City of Dubuque an easement through and across Lot 1 of Lot 1 of Lot 1 of the East half of the Southwest Quarter of Section 16, T89N, R2E of the Fifth PM in the City of Dubuque, Iowa, as shown on Exhibit A (the Easement); and Whereas, the Easement was platted in the Plat of Survey recorded May 8, 2001 as Instrument no. 6466 -01 records of Dubuque County, Iowa, as shown on Exhibit B; and Whereas, by Resolution No. 116 -06 the City Council accepted certain public improvements in Harvest View Estates and Harvest Business Center as indicated on Exhibit C, and it was the intent of the City Council that the Easement would be abandoned upon dedication of a new easement for such improvements and acceptance of such public improvements; and Whereas, by Resolution No. 349 -01 the public improvements were accepted by the City Council and a new easement for such improvements was established as shown on Exhibit D; and Whereas, the City Council now desires to declare its intent that the Easement on Exhibit B should stand as abandoned. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The Easement shown on Exhibit B is hereby declared abandoned. Section 2. The City Clerk is hereby authorized and directed to record this Resolution with the Dubuque County Recorder. Passed, approved and adopted this 22nd day of January , 2013. Attest: Roy D. B , Mayor F: \USERS \tsteckle \Lindahl\ Resolutions\ HarvestViewEstates_ AcknowledgingVacation _010813.doc 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. I do further state that the hereto attached Resolution No. 17 -13 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 24th day of April, 2013. Wi >>i?i4'ti Kevin :. irnstahl, • MC, Ti y Clerk PLAT OF LOT 1 OF 1. OF I OF THE 'EAST I/2 OF THE SOUTHWEST 1/4 OF SECTION /6, T89N, •R 2E, 5TH PM, IN THE CITY OF DUBUQUE, IOWA SHOWING A 20' WIDE EASEMENT CENTERED OVER A SANITARY SEWER. N. SCALE 1 200 /- l -E 1/4 -$W /l4, SEC MT 0911,R 2E, 5PA! S 4.1 460.04' ASBUBY 1267' 1-1-1-E //2-SW 1/4, SEC /6, T 89 N, R 2E, 5 PM. 454 /5 2 -1/E 1/4 -NIP / /4, SEC 21, T89N R.PE,5"P/' .372. _.Y RBAO 1.1 --NE 1/4-NW //4, SEC 2/, T 89N, R 2E, 5 PM N S_ //2 -ML 453 EXHIBIT A • 1 GRANT OF. EASEMENT For and in consideration of the sum of One Dollar ($1.00) and other "good and Valuable con - siOeration, the receipt whereof is hereby acknowledged, Lester Hilby 3966 Asbur Road of Dubuque. County, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and convey to CITY OF DUBUQUE, IOWA, a municipal corporation, its agents and contractors, in perpetuity, from the date hereof, a right of tray and easement through, under and across the following described real estate situated in Dubuque County, Iowa, to-wit: Lot 1- 1- 1- Ez -SU*- Section 16 Ta9N, Range 2 East of 5th PM in the City of Dubuque, Iowa ,Twenty (20) feet in width along a centerline shown on the attached plat, for the purpose of constructing and maintaining a sanitary setter of the City of Dubuque, Iota, together with the right to enter upon said property and occupy a strip fifty (50) feet in width along said centerline during the period of construction of said sewer and until the sewer is accepted by the said City. It is understood and agreed that the grantee herein shall repair or replace property which may be disturbed in the installation or repair of said sewer. To have and to hold unto the said City of Dubuque, Iowa, forever, and the undersigned do hereby expressly convenant that they are the owners in fee of said real estate and have good right to execute this agreement, and that the grantee, its agents or contractors, shall at all times have free access to and egress from and over said real estate to maintain, remodel . or repair said sanitary sewer thereon or therein. Dated at Dubuque, Iowa, this 19th day of February , 19 82 'V? OW 10 431 10 Is 13584-82 .10: 1 E. REYW01i t�F, pfl C0UH Y ilLOO V$ chi STATE OIDUI041 t E "-as que GES COUNTY, ss: On this 19th day of February A.D., 19 .82 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Lester Hil by to me know to be the identical persons named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that they exec t, d.tjte same as their ll f { a Ndtary Public in and for sa voluntary act and deed, XI- 1I131i A- 2.. MY COMAISSION EXPIPES LLvI,, Coijn ty (Page 1 of 5) PREPARED BY: LAWRENCE A. BOYER L. S. 9761 6400 -01 A 16466:01 2001HAY -8 PH 31116 IIAT YFrrLyY�1!I1C11�I1I8p9g10W DUBU i1E 6:,10Wl1FEE467 ,ba WHKS & CO., 470 CENTRAL AVENUE, DUBUQUE, IOWA 52001 (319)582 -548 PLAT OF SURVEY DIVISION OF LOT 1 OF LOT 1 OF LOT 1 OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 16, T89N, R2E OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA LOT 2.1 1S7i1;'I,, 6V/i/h 16 T11911 pzc: LOT 1 -2 -i -1 S'Sr:11,4 SM: 16 T1I DN 1171 LOT 1 -1 -2 --- . SIC 11EMil, TOI6'i 4 S SCALE IN FEET 1' .200' 0 LOT 2 OF LOT OF LOT 1 rtLY 1,91E LOT 1. OF LOT I OF LOT 1 0 1/2 SW 1/4 SEC 18, MN, 112E 11 66'54'41` 6 100 200 ra 1277.78' (1284.301 ELY LINE LOT 1 OF LOT 1 OF LOT E 1/2 SW 1/4 SEC 16, 189N, R2E LOT 1 OF 1 OF 1 OF 1 etwitlLNIE 20' WIDE EXISTING SANITARY SEWER EASEMENT • s 20' wax WLY LINE LOT 1 OF LOT 1 OF LOT I cE 1/2 $11 1/4 SEC 16. 18911, 92E S'LY LINE LOT `I OF LOT 1 OF LOT 1 E 1/2 SW 1/4 SEC 16, 189N, R2E S88`31'27'W 160.04' -� 927,54 (size.) - CORNER SW f 4 SLY UNE SW t/4 SW CORH / SECTION id, MIN, 112E SECTION 18, VAIL 92E FACED MC ANO CAP IN ASPHALT PAVEMENT LEGEND SWM40D BOUNDARY LINE FOUND E/8 INCH REeAR MONUMENT I'}ACEA, T-SAR 1daY, W /CFP 0351 RECORD MEASUREMENI Survey requested by: TIM E. HILBY SARA J. HILBY 400 LOT 1 OIL 4111201VislcJE'1 Oi DLt N:H I'II01'EERTY N 89'26'12' irO, - 111,14' "IS Qi r (4 •r0).35,93' N. 263.42' \ "e 6¢149'42' W 468.06' .(454,155 S¢6121!271r, 2¢85.05' to O ( ) AS6URY ROAD (71' IY1DE) 4.4 LOT 4111.K 1 II-il17.11A VISTA Still H■Lti LOT, 3 IILK 1 BUENA VISTA 01111 FME1[I LOT :t 111.K 1 BUENA VISTA SUB NOS 1,0T 1 IIII: 1 1111E'!), VISTA 61111 HO,[i LOT 11(1011) VISTA 7016 Np.3 LILT 2 IHuIIFIA VISTA LOT I INIPNA VISTA I;WO .H0,3 Loi I BUENA _ VISTA SU11 NO.2 SE CORNIB SLY 1/4 MR. ie. R. RIE, FOUND 5/0 INCH 060AR OVER comet-re 1,IO11UTAEIU AREA SURVEYED LOT 1 OF LOT 1 OF LOT 1 Or LOT I LOT 2 OF LOT 1 OF LOT 1 OF LOT I TOTAL BASIS OF BEARING SHOWN HEREON IS RASED ON THE.OU8u0UE AREA CIS AORER J6.6i 1.00 79.61 WHKS a4 CO. 1RCeiteni HUle1US prom. WIO WOlOVRs 470 CENTRAL AWIME 210 -142- 7161.. 9000001, IOWA 52001 -7024 ROJECT: 5824,2 Ati(WR 'iER A � BOYER 9761 S • r rIrr'4, IOWA 1 hereby oerlify that this land surw141q document woe prepared and the related surrey wok sob performed by me u under my ducal ptr1on01 supervision and Ihal 1 om adufy licensed .Lord S der the lows of the Stole of lows. Lawrence A, Boyer. License Number 9761 Dole of Survey ; April 27, 2001 My license renewal dote Is December 31. 2002, Shselo eover.d by this boob 1..2 and 3 of 3 SHEET 1 OF 3 Dole EXHIBIT B • rile Number; 2001 - 00006466 Seq: 1 FILE COPYw RESOLUTION NO, 116 -06 ACCEPTING IMPROVEMENTS IN HARVEST VIEW ESTATES & HARVEST BUSINESS CENTER 0/.•04 Whereas, pursuant to Resolution Nos. 349.01, 248 -02, 42 -03, 470 -03, 48-04, and 259 -02, certain public improvements including street paving, storm sewer, sanitary sewer, watermain, stormwater detention facilities, and street lighting were installed by the developer of the Harvest View Estates & Harvest Business Center. Whereas, the improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvements in the Harvest View Estate s & Harvest Business Center, be and the same is hereby accepted. Section 2, That maintenance of said public improvements shall be the responsibility of the contractors for a period of two (2) years from this date. Passed, approved and adopted this 3rd day of Apr 1 , 2006. Attest: eanne F. Schneider, CMG, City Clerk EXHIBIT C oy D. Buol, Mayor PREPARED BY: LAWRENCE A. BOYER L.S. 9761 WHKS de CO., 470 CENTRAL. AVENUE, DUBUQUE, IOWA 52001 (319)582 -5481 HARVEST VIEW ESTATES FIRST ADDITION TO THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA LEGEND NW CORNER LOT A SHEET 7 MATCH LINE B -B SHEET 2 1:: to In :11 0 1 m b N r z U' 4 4, SURVEYED BOUNDARY LINE BLOCK LINE UTILITY EASEMENT — UTILITY AND SURFACE DRAINAGE EASEMENT SANITARY SEWER AND SURFACE DRAINAGE EASEMENT_, SANITARY SEWER EASEMENT A FOUND 5/5 INCH REBAR MONUMENT • FOUND IRON T -BAR MON W /CAP 9761 0 PLACED IRON T -BAR MON W /CAP 9761 r� `"UTIUTY AND SURFACE NVRAINAGE EASEMENT N \ N I / \. -I- I I 1 I l _ \ / ; I r- I I I- ♦1 I A LOT 38 rjt3\ \ " 9' N N SCALE IN FEET 1' = 1 ���— 0 50 100 oo' 200 587'33'10'W �O 0 �8 I I '5 67'33'10" W 155.56' I- } mUy2 r .EASE EASEMENT I1$ SLOT 28$0 • 7a°0, JD' UTILITY AND SURFACE DRAINAGE EASEMENT • 2000 S 56'01'47"k 31.92' -c• S 56'O7'4YE_� -- � 31.92' • ` S 56'01'47' E 10.26 MnUTY EASE 30.00' 30' SANITARY SEWER AND SURFACE DRMNAOE EASEMENT r1 I I I I _j 1 \ I I • 30' SANITARY .SEWER EASEMENT i � r - I I I - - - - WLY LINE LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 E 1/2 SW 1/4 SEC 16, T89N, R2E N 01'25'27' W, LOT B , 3.51' SEE DETAIL fw N 87'41'59" E 15.00' A to' UnuTY EASEMENT ,,A1O' �' 0' / LOT 30 --;'5 56'01' ' 31.92 W 1 9 1 1 4). !+unurt P •_ EASEME� pL0i; 32 o1. 1 7 } gg 10' LRILIIY ` _jilt I AND SURFACE "• 1 1 DRAINAGE • j 1 EASEMENT LOT 33 3 1 1873'16.91A.' ' IN U1 10:00••1 1 120.00 •F-10'U EASEMENT Si EASEMENT^ o�'LOT 34 g • I-- 10.00' 1 SANITARY ISEWER EASEENT o : � •°S LOT 35 8 I' " W 120.00 EASE ENT LOT 36 '10" W I 120.00 1-10.00' LOT 37 V HEAT t• ♦1 U LOT 29 G` 1� ♦ti Or to LAA In 6 ==s m5, LOT 24 ♦♦ SS UTILITY EASEMENT :31' f• ��LOT �// I p .q O •••?* P• LOT 22 N. UTILITY AND SURF NAGS EASEMENT of BY�1.}j0" - 120.00 • � N N ° LOT 218. SANITARY SEWER' I EASEMENT ••°• 20 8 UTWTY EASEMENT 120.00 I LOT 191 '1 , 120.00 I LOT 18 29.56' Y•- au. 11,'OJ • (120.00- UTILITY gEASEMENT ao LOT 18 $o 10.00' 120.00 T- 10.00'. LOT 17 33.631, 5 88'31'27' W 460.04' S 88.4942" E 469.07' S'LY UNE LOT 1 OF LOT 1 __ _ _ _ _ _ - - — - --- -LST 1"SP-LST 1 1J2_ SW 1/4 SEC 16, T89N, R2E SLY LINE SW 1/4 { ry SECTION 16, TOM R2E =_-III =� WHKS se co. ENGINEERS PWOIERS LANG SURVEYORS 470 CENTRAL AVENUE 553 -552 -5461 DUBUQUE. IOWA 51001 -7024 PROJECT: 6010 EXHIBIT D -1 LOT B SHEET 2 OF10 'REPARED BY: LAWRENCE A. BOYER L.S. 9761 „ WHKS & CO., 470 CENTRAL AVENUE. DUBUQUE. IOWA 52001 (319)582 -5461 HARVEST VIEW ESTATES FIRST ADDITION TO THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA ▪ LOT 29 ctj0 / LOT 30 10 .S• -� +S 56'01'47' E 31.92' U)' 149.45' syaIY E AT LOT 31 0' 0 2I of 60 N 1 q1 :.s 1 4 UTILITY AND SURFAC DRAINAGE EASEMENT LOT 26 S 261.16' W 61.66' <- ' ! ,,, LOT 25 s 3.95' (0 s.10' LOT 24 s.•�.t; Sy UIIUTY EASEMENT - R 7� igs02• J A P . OT 23 2/ a o.o� LOT 13 LOT LOT 22 •• UTILITY AND SUE , RAMAGE EASTAENT Di _ 87=0° 0 QI- } —1 0. P N ° LOT 21$ M SANITARY SEWER' EASEMENT Y 20 o UTIUTY� - EASEMENT • 10' n SCALE IN FEET 1" = 100' 0 4- 2 S>, 1' 10, 50 100 F " • LQT� 14,- • ,1 SS.I I i& •.Op/ yc • ,' ∎'' 'yam UTILITY EASEMEN ' ''si. LOT 12 ' o 44. il •e" v 005 Glv 4. Y 120.00 1 I LOT 19 I: 120.00 1 LOT 18 UTILITY k SURFACE DRAINAGE EASEMENT 0,� vi UOUTY AND SURFACE • DRAINAGE EASEMENT I LOT 14 o u $ V ,., r1r' In t • ?c LOT 15 d 587'13'i0"W '3 ^h. LOT 5 s "." ".6.'s ' A 200. v NORTHEAST CORNER LOT 10 N CO LOT 10 ELY LINE LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 E 1/2 4. SW 1/4 SEC 16. 789N, R2E\ 47. 7O• ?i: LOT 1 EL:i BUENA VISTA SHEET 4 SUB NO.9 MATE LINE SHEET 3 sO• , UTILITY EASEMENT ,.r- / °°o. a(/'I. ', i , 1,2" s ;• (4;11 \ 715'7110T 9 '0,3.' : 1 .'N 51'10'21" VI- ^�.! 53.86' •' �"`sTTT: Y�,1y q�BS • �' EA9eMENT lA, • Aso cly LOT 8 LOT D ' '4�•• AUNUTY EASENENE,j '4.•1% i 6 109 7J''120.00 CUTILITY 1I c EASEMENT •+'o 00 - LOT 16 qg 10.00' 1 0.00 I- ^10.00 -LOT 17 N LOT 3 120.00' ▪ 873 10 "W r% 120.00' --1 `unun i n EASEMENT q$ LOT 2 I 1 I 1 3' •" . 1 i P' w 33.6Ji.. 1.8 _5_610 '06" 5), �• S 86'49'42" E 46_9.07' S'1Y LINE LOT 1 OF LOT i OF LOT 1 OF y T/T LOT 1 E 1/2 SW 1/4m I2 SEC 16, 169N, R2E LOT 8 60 ' 10,61'0 120.00 LOT 1 %o- 29.21' 14 • I $LOT 7 :r1A • I UTILITY EASEMENT 1 1 1- - I MUTT ANO SURFACE DRAINAGE EASEMENT a UI N • C' • LOT A S ea•3+'g7 w 4.00 -169.04' S 88'31•27 W 374.42' • 9• N 89'26'12" W LOT 3 BUENA VISTA SUB 110.3 UTILITY AND SURFACE DRAINAGE EASEMENT 10.00' LOT 3 BUENA VISTA SUB 610.7 LOT 1 BUENA VISTA SUB 610.7 z KITCHEN F.AI•Iii.'i PROPERTIES ELY LINE LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 E 1/2 SW 1/4 SEC 16, T89N, R2E SE CORNER SW 1/4 SEC 16, T89N, R2E. FOUND 5/5 INCH REDACT OVER CONCRETE MONUMENT 111.00' S'LY UNE 0W +001 ASBURY ROAD SECTION 16. 769N, R2E RY LEGEND WHKS ENGINEERS PLANNERS LAND SURVEYORS 470 CENTRAL AVENUE 563- 582 -5481 DUBUQUE. IOWA 52001 -7024 PROJECT: 6010 SURVEYED BOUNDARY UNE BLOCK UNE UTILITY EASEMENT UTILITY & SURFACE DRAINAGE EASEMENT SANITARY SEWER EASEMENT POUND 5/8 INCH REBAR MONUMENT FOUND IRON T -BAR MON W /CAP 9761 PLACED IRON 1 -13AR NON W /CAP 9761 RECORD MEASUREMENT PART OF LOT 2 • 'FOUL EARN ' SEC 21 TSIIN 14211 EXHIBIT D -2 • . • 0 1 1 SHEET 3 OF10