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