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Timber Hyrst Estates No. 2 Vacate Storm Sewer EasemenTHE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Vacate Storm Sewer Easement Timber Hyrst Estates No. 2 DATE: May 10, 2013 Dubuque kital All- America City II 111! 2012 A request has been received from Robert A. and Beth M. Hartig to vacate a storm sewer easement between Lots 1 and 2 in Timber -Hyrst Estates #2. The Hartigs have purchased both lots and plan to construct a single family dwelling crossing the property line between the lots. The Hartigs have agreed to relocate the existing storm sewer to the east side of the proposed dwelling at their expense. After the relocation of the storm sewer, City Engineer Gus Psihoyos states that the City has no plans for the utilization of the existing storm sewer easement to be vacated. City Engineer Gus Psihoyos recommends that a public hearing be set for June 3, 2013, on the disposal of the City's interest in the subject area. I concur with the recommendation and respectfully request Mayor and City Council approval. hrit44 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 Dubuque bikd All-America City 2012 Engineering Department 50 W. 13th Street Dubuque, Iowa 52001 Office (563) 589 -4270 Fax (563) 589 -4205 www. cityofdubuqu e. org TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Vacate Storm Sewer Easement Timber Hyrst Estates No.2 DATE: May 8, 2013 INTRODUCTION This is in response to a request from Robert A. and Beth M. Hartig, requesting the vacating of a storm sewer easement between Lots 1 and 2 in Timber -Hyrst Estates # 2 in the City of Dubuque, Iowa. DISCUSSION Mr. Hartig plans to construct a single family dwelling crossing the property line between the lots they own on Creek Wood Drive. An existing storm sewer is located on this lot line. The Hartig's have agreed to relocate the existing storm sewer in order to redirect the outfall to the east side of the proposed dwelling. The Hartig's have also agreed to maintain the outfall control devices and control erosion at the end of pipe at their expense. The attached Exhibit shows the storm sewer easement to be vacated over and across Lots 1 and 2 of Timber -Hyrst Estates # 2 in the City of Dubuque. The property is owned by Robert A. and Beth M. Hartig. RECOMMENDATION After the relocation of the storm sewer, the City has no plans for the utilization of the existing storm sewer easement to be vacated between Lot 1 and Lot 2 of Timber -Hyrst Estates #2 as indicated on the Exhibit. would recommend that the storm sewer easement between Lot 1 and Lot 2 of Timber -Hyrst Estates #2 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 June 3, 2013. ACTION TO BE TAKEN The recommendation of the City Manager should be approved and a public hearing should be set for June 3, 2013 on the disposal of the property through adoption of the enclosed resolution. Prepared by Ron Turner, PLS 2 RESOLUTION NO. 155-13 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN STORM SEWER EASEMENTS OVER AND ACROSS LOT 1 AND LOT 2 TIMBER - HYRST ESTATES #2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. Whereas, Robert A. and Beth M. Hartig are the current owners of Lot 1 and Lot 2 of Timber -Hyrst Estates #2 in the City of Dubuque, Dubuque County, Iowa; and Whereas, storm sewer easements are currently platted between said Lots 1 and 2 as shown on the Final Plat of Timber Hyrst Estates #2, recorded as file number 2008- 6368 in the office of the Dubuque County Recorder; and Whereas, development of said Lots has established an alternate location for storm sewer which will be reconstructed by the property owner; and Whereas, Robert A. and Beth M. Hartig, have petitioned to vacate the storm sewer easements across said Lot 1 and Lot 2. 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 Lot 1 and Lot 2 of Timber -Hyrst Estates #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. Passed, approved and adopted this 20th day of May, 2013. D, Z Attest: Trish L. Gleason, Assistant City Clerk Roy D. Buol, Mayor EXHIBIT Storm Sewer Easement Vacation: ACROSS LOT 1 OF TIMBER -HYRST PLACE #2 AND LOT 2 OF TIMBER -HYRST ESTATES #2 IN THE CITY OF DUBUQUE, THE NW1 /4 OF SECTION 2, T88N, R2E, (TABLE MOUND TWP.), OF THE 5TH P.M., DUBUQUE COUNTY, IOWA LOT 45 TIMBER -HYRST ESTATES #2 LOT 47 TIMBER -HYRST ESTATES #2 100' TRANSMISSION LINE EASEMENT BOOK 61, PAGE 454 LOT 48 TIMBER -HYRST ESTATES #2 CREE(60o ROWS \R-NE. LOT 49 TIMBER -HYRST ESTATES #2 LOT 1 TIMBER -HYRST PLACE #2 EXISTING 20' STORM SEWER- EASEM EN T _TO- BE-VACATED LOT 2 TIMBER -HYRS1 PLACE #2 LOT 2 TIMBER -HYRST ESTATES #2 LOT 3 TIMBER -HYRST ESTATES #2 EXISTING PROPERTY UNE EASEMENT UNE ( J RECORD DIMENSION ROW RIGHT OF WAY PUE PUBUC UTIUTY EASEMENT OWNER & PROPRIETOR: LOT 1 OF TIMBER -HYRST PLACE #2 AND LOT 2 OF TIMBER -HYRST ESTATES #2 15 ROBERT A. AND BETH M HARRG NOTES 1. THE 100' TRANSMISSION UNE EASEMENT REFERS ONLY TO THE AREA THAT WHICH INTERSTATE POWER COMPANY HAS THE 'RIGHT. PRIVILEGE. AND AUTHORITY TO TRIM OR CUT DOWN ANY TREES WITHIN 50 FEET OF CENTERLINE OF SAID TRANSMISSION UNE." IT DOES NOT DESCRIBE THE WIDTH OF THE PERPETUAL RIGHT -OF -WAY EASEMENT. SEE AFFIDAVIT PREPARED BY JOHN M. TRANMER, PLS AT DUBUQUE COUNTY RECORDER DOCUMENT # 2007 - 00004010 LOT 2 S 1/2, NW FRL 1/4 SEC 2, T88N, R2E 0' 30 60' SHEET TITLE PROJECT 1 NO. 11045 EXHIBIT PREPARED FOR: BOB HAWN 3130 WESTMORE DRIVE DUBUQUE. IA 52001 �UESIING ENOINDR@ AND 8URVEPORS 121E ILWT T. MIME. N RWn 5s-on DAZE REVISIONS DRAWN BY: 05/01/13 NWL SCALE: CHECKED BY: KLB THE CITY OF DUB Masterpiece on the Mississippi Timber -Hyrst Estates # 2 Vacate Storm Sewer Easement DAGIS DUBUQUE AREA C.aGRAPHIC INFCaMATION DISCLAIMER: This Information was compiled sing 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 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, 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 THE CITY OF DUB Masterpiece on the Mississippi Timber -Hyrst Estates # 2 Vacate Storm Sewer Easement DAGIS DUBUQUE AREA C.aGRAPHIC INFCaMATION DISCLAIMER: This Information was compiled sing 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 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 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. 100 1 inch = 100 feet 50 0 100 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 Buesing & Associates Inc. Consulting Engineers 1212 Locust St. Dubuque, IA 52001 (563) 556 -4389 May 3, 2013 Mr. Ron Turner, PLS City of Dubuque Engineering Office 50 West 13`h Street Dubuque, IA 52001 RE: Storm Sewer on Lot 2 Timber -Hyrst Estates #2 Dear Ron: We are requesting that the city allows the storm sewer and storm sewer easement to be relocated. This will allow the owners of Lot 2 of Timber -Hyrst Estates #2 and Lot 1 Timber -Hyrst Place #2 to have more buildable area. Robert and Beth Hartig are owners of Lot 1 of Timber -Hyrst Place #2 and Lot 2 of Timber -Hyrst Estates #2. The original storm sewer follows the lot line between the two lots. The owners would like to be able to use two lots together to build a home. The relocation of easement and existing storm sewer would make this possible. If you have any questions, please feel free to call our office. Respectfully submitted, Nicholas W. Lange Buesing & Associates, Inc. Encl. as noted ,.4 ,,Whereas, Robert A. W h :.,a li,Roth M. Hartig are lyt a current owners of Lit 1 and Lot 2 of , till her -Hyrst Estates #222 In the City of Dubu- que, Dubuque County, CITY OF DUBUQUE, Iowa; and I .' ", .fQW11A .Whereas, storm sew- i —OP ICIAI,.NOTICE er'edsements are:cur- 0 Cr Wight s torte ibetkw.een gtt���he tra�d �'las y c o the City aW.n h t Plhal`Plat of Dubuque, Iowa, wl l f4I rHyrst.Estates hold »tprlbllc .hearing 2 frecorded,.+as "file on,th Ad of rune number 2008 -6368 in at'dt3 p the His- therofflce of the Dubu- torioae sBUlldingg, gueSounty- 'Recorder; 350 West S1 b,Streett Whereas, ' r ''! ','_ Dubu uQ,., what: at Co nJ n "fir {he meat is said anots has established '"ant alter - Mattel'. of't tent to nate locatlon'for storm • sewer-which will be re- City i vacate-0d d ,pose -m • ;constructed by the City interes�ln storm shwehtliti ba f over k!' y sWher; and and,, 0 1 and R ert A. Lot 2_ Caro yrrst Es- and e hM'�artig, Cates #f it h City of :hav petlonep.to. va- DUbllque , ,,.Dubuque ,cafe the,.star'm „sewer County, Iowa tO'Robert easenjents,across said • A. and Beth M. Hartig. Lot land Lot 2, Copies of supporting NOW 'IIIEREFORE, BE documents for the pub IT RE-SO VED....BY THE �,Iic hearings are on,file CITY CO NCII. of THE In' a City ofe k' of `, C , r o,� DUBUQUE, ;IO- flL�e riaw, n1ay be - =WAr >... . -viewed during - normal - section -1. ,That the working hours. City. of Dubuque, In- itten co B e eats re ; tends -to, vacate and a ding-the . ,Veap,b dispose of Its Interest &shear ' ay'J sub- In 'storm -sewer ease- mIttedwrto Nt6he%aCity merits over- Lot:1 and Clerk's Office on or be- Lot 2 of Timber -Hyrst fore said time of p ublic Estates #2 in the City hearing, At said tpim e.; of .Dubuque, Pubuque apdr,Rlage flleyCqunty, Iowa,, as hearings ell "Alley es ed -s own on the.attached citizens and aprties E��i I�bit will pp}}e givan an �oppot ectlon 2, 'That the tunlfy to be, heard fps Citr'Clerk be That Is or against said _ action ' hereby. authorized and Any visual or hearing directed to cause a no- JmpA reds _arsons .tice of intent to dls- needing spacTalrassis '• poseof said interest to 1 tance”, prdfe onti -___ with . be . publishgd in the special ;a assibliity ' manner as prescribed ■ needs, .ho l i ot]taow by law. the City a 's Off e ,Passed approved and at (86 )w5a X16 r' ado .ted •this 20th day '' ioertn '.'1 ey, Buoi, Mayor -.� ll r,�1Atlet4 IshL. stahi, Gleason, Assistant City 11erk ` `� .1Clerk /24 .. • l a ta48_� the,meet t 6/24 , ESOLUTIQ 2 O.4 . ;1 I,.'RES4 ' ,i •F' IN. 'AND DI$ OS OF 'arm EST IN p� ER EASE- g1 AND EO N;PTHE Orrt' OF DUBUQUE, ; DUBUQUE COUNTY,\ IOWA. r :. 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: May 24, 2013, and for which the charge is $39.34. Subscribed to before m a Notary Public in and for Dubuque County, Iowa, this 450 day of /?% ,20 /5 - 2), I'otary Public in and for Dubuque County, Iowa. MARY K. WL= aTr;Rkii -`!E f' �1 r ConinT'slon Mumb' r �r� j1` Cow °' •r