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Timber-Hyrst Estates #2 Vacate of 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 Timber Hyrst Estates No. 2 DATE: May 22, 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 and recommends disposal of the City's interest in the subject area. I concur with the recommendation and respectfully request Mayor and City Council approval. kri,„ 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. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Vacate Storm Sewer Easement Timber Hyrst Estates No.2 DATE: May 20, 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. Dubuque ae- asacny 2012 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. I would recommend approval for the storm sewer easement between Lot 1 and Lot 2 of Timber -Hyrst Estates #2 indicated on the attached Exhibit be vacated. I would further recommend that the vacating of the storm sewer easement be held for public hearing on June 3, 2013. ACTION TO BE TAKEN The recommendation of the City Manager should be approved and a public hearing should be held on the disposal of city interest in the property through adoption of the enclosed resolution. Prepared by Ron Turner, PLS 2 Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 Returned to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 RESOLUTION NO. 168 -13 RESOLUTION DISPOSING OF CITY INTEREST IN A STORM SEWER EASEMENT BETWEEN LOTS 1 AND 2 IN TIMBER -HYRST ESTATES # 2 IN THE CITY OF DUBUQUE, 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 24th day of May, 2013, the City Council of the City of Dubuque, Iowa met on the 20th day of May, 2013, at 6:30 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, to consider the disposal of City interest in a storm sewer easement over and across real estate described as: Lots 1 and 2 in Timber -Hyrst Estates # 2 in the City of Dubuque, 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 easement. 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 a storm sewer easement over and across real property described as Lots 1 and 2 in Timber -Hyrst Estates # 2 in the City of Dubuque, Iowa, to Robert and Beth Hartig be and the same is hereby approved 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. Section 2. That the Mayor be authorized and directed to execute a Release of Storm Sewer Easement, and the City Clerk be and is hereby authorized and directed to deliver said Release to David and Beth Hartig upon receipt of the publication and filing fees and relocation of the storm sewer. 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. Attest: Passed, approved and adopted this 3rd Kevin Firnstahl, C C, Ci y Clerk day of June , 2013. Roy D. Buol, Mayor RELEASE OF EASEMENT Whereas, a storm sewer easement is currently platted between Lot 1 and Lot 2 of Timber -Hyrst Estates #2 in the City of Dubuque, Iowa, and said easement is shown on the Final Plat of said Timber -Hyrst Estates #2 which was recorded as file number 2008 -6368 in the office of the Dubuque County Recorder; and Whereas, by said easement, the proprietors granted the City a twenty foot wide storm sewer easement across Lot 1 and Lot 2 of Timber -Hyrst Estates #2, in the City of Dubuque, Iowa, which twenty foot wide storm sewer easement is set forth and appears on said document; and Whereas, development of said Lots 1 and 2 has established an alternate location for storm sewer which will be reconstructed by the property owner as per the Storm Sewer Relocation Agreement with by Robert A. and Beth M. Hartig dated May 21, 2013; and NOW THEREFORE, for good and valuable consideration, the undersigned, City of Dubuque, Iowa, does hereby forever release, vacate, abandon and discharge the storm sewer easements in Lots 1 and 2 of Timber -Hyrst Estates #2 in the City of Dubuque, Iowa as shown on the attached Exhibit for Storm Sewer Easement Vacation to Robert A. and Beth M. Hartig; however, this Release in no way releases, vacates, abandons or discharges any other easement shown on the Final Plat of said Timber - Hyrst Estates #2 which was recorded as file number 2008 -6368 in the office of the Dubuque County Recorder. Passed, approved and adopted this 3rd day of June , 2013 Attest: 4d0Ar// Kevin ' irnstahl, City • 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 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 kraal All-America City �1 IF 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 Tots and plan to construct a single family dwelling crossing the property line between the Tots. 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. 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. 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 Dubuque AI-Medea City E � � Masterpiece on the Mississippi Mr. Robert Hartig 3130 Westmore Dr. Dubuque, Iowa 52001 RE: Storm Sewer Relocation Agreement Dear Mr. Hartig: 2012 May 5, 2013 Engineering Department City Hall 50 W. 13th Street Dubuque, Iowa 52001 563.589.4270 563.589.4205 (fax) www.cityofdubuque.org This letter is a follow up to a May 3, 2013 letter from Nick Lange of Buesing and Associates regarding the relocation of an existing storm sewer on Lot 1 and Lot 2 of Timber Hyrst #2 and associated vacating and reestablishment of easements for same. The reason for the request is to accommodate the construction of a new dwelling unit that will straddle the property line. As previously discussed the design, relocation and platting and mapping costs would be your responsibility. After City approval of plans prepared by your engineer for the relocation of the storm sewer, you and your contractor would be responsible for the reconstruction of the storm sewer in accordance with City Standards and Specifications. Listed below is a breakdown of the project with responsibility assigned to either the City or Hartig. City Of Dubuque Responsibility: 1. Review the plan and profile design and easement exhibits prepared by your consulting engineer for the relocated storm sewer line. 2. Inspect the construction of the improvements. 3. Prepare council documents necessary for the vacating of the existing storm sewer easement as it pertains to the abandoned sewer main. 4. Prepare the easement document for the relocated storm sewer pipe. 5. Own and maintain the new sewer piping after acceptance by the City. Hartiq Responsibility: 1. Excavate and remove portions of storm sewer to be 2. Construct relocated storm sewer in accordance with Dubuque Standards and Specifications.. 3. Install temporary erosion control devices for the con 4. Install and maintain in perpetuity permanent erosion the relocated storm sewer. abandoned. approved plans and City of struction. control devices at the end of 5. Reconstruct the existing catch basin as determined by the City Engineer for the relocated sewer. This may include replacement of the catch basin if the integrity of the structure is compromised. 6. Seed, fertilize and mulch disturbed right of way and adjacent area as required. 7. Submit a letter of credit or certified check Payable to the City of Dubuque in the amount of 110% of the proposed costs for the above construction. This will be held as security until the improvements are approved by the City Engineer. 8. Pay the City a fee of $1500.00 to be used as follows: a. $100.00 publication and filing fee. b. $300.00 vacating processing fee. c. $1100.00 plan review and construction observation fee. (Any unused portion of this fee will be refunded after acceptance of the construction.) 9. All other incidental construction necessary to complete the work. If you are in agreement with the above terms, please sign and return to City Engineering Department, 50 W. 13th Street, Dubuque, Iowa 52001 Sincerely, Gus Psihoyos, City Engineer Robert A. Hartig 3130 Westmore Dr. Dubuque, IA 52001 Attach. Cc: Denise lhrig, Civil Engineer Deron Muehring, Civil Engineer Ron Turner, PLS Tom Freund, Eng Tech Beth M. Hartig 3130 Westmore Dr. Dubuque, IA 52001 Masterpiece on the Mississippi Robert and Beth Hartig 3130 Westmore Dr. Dubuque, IA 52001 Dear Mr. and Ms. Hartig, Dubuque heat A®Anredca City 2012 City Clerk's Office City Hall 50 W. 131° Street Dubuque, IA 52001 -4864 (563) 589 -4120 office (563) 589-0890 fax ctyclerk@cityofdubuque.org www.cityofdubuque.org June 13, 2013 Enclosed for your files is a certified copy of Resolution No. 168 -13 and the original Release of Easement associated with Timber -Hyrst Estates #2. All documents have been recorded with the Dubuque County Recorder's Office. Please contact me if you have any questions. Thank you. i %ice , K in S. Firnstahl, CMC City Clerk cc: Ron Turner, City Surveyor Nate Keiffer, City Surveyor 116111111811111111118 D o c ID : 007704060005 Type: GEN Kind: RELEASE OF EASEMENT FeeoAmt: $27.00 /Page 1tof4 0'11 PM 5 Dubuque County Iowa Kathy Ka Flynn j Th�n 'Fi1e20 13 000094 J o Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 Returned to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 RESOLUTION NO. 168 -13 RESOLUTION DISPOSING OF CITY INTEREST IN A STORM SEWER EASEMENT BETWEEN LOTS 1 AND 2 IN TIMBER -HYRST ESTATES # 2 IN THE CITY OF DUBUQUE, 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 24th day of May, 2013, the City Council of the City of Dubuque, Iowa met on the 20th day of May, 2013, at 6:30 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, to consider the disposal of City interest in a storm sewer easement over and across real estate described as: Lots 1 and 2 in Timber -Hyrst Estates # 2 in the City of Dubuque, 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 easement. 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 a storm sewer easement over and across real property described as Lots 1 and 2 in Timber -Hyrst Estates # 2 in the City of Dubuque, Iowa, to Robert and Beth Hartig be and the same is hereby approved 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. Section 2. That the Mayor be authorized and directed to execute a Release of Storm Sewer Easement, and the City Clerk be and is hereby authorized and directed to deliver said Release to David and Beth Hartig upon receipt of the publication and filing fees and relocation of the storm sewer. 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 3rd day of June , 2013. Roy D. Buol, Mayor RELEASE OF EASEMENT Whereas, a storm sewer easement is currently platted between Lot 1 and Lot 2 of Timber -Hyrst Estates #2 in the City of Dubuque, Iowa, and said easement is shown on the Final Plat of said Timber -Hyrst Estates #2 which was recorded as file number 2008 -6368 in the office of the Dubuque County Recorder; and Whereas, by said easement, the proprietors granted the City a twenty foot wide storm sewer easement across Lot 1 and Lot 2 of Timber -Hyrst Estates #2, in the City of Dubuque, Iowa, which twenty foot wide storm sewer easement is set forth and appears on said document; and Whereas, development of said Lots 1 and 2 has established an alternate location for storm sewer which will be reconstructed by the property owner as per the Storm Sewer Relocation Agreement with by Robert A. and Beth M. Hartig dated May 21, 2013; and NOW THEREFORE, for good and valuable consideration, the undersigned, City of Dubuque, Iowa, does hereby forever release, vacate, abandon and discharge the storm sewer easements in Lots 1 and 2 of Timber -Hyrst Estates #2 in the City of Dubuque, Iowa as shown on the attached Exhibit for Storm Sewer Easement Vacation to Robert A. and Beth M. Hartig; however, this Release in no way releases, vacates, abandons or discharges any other easement shown on the Final Plat of said Timber - Hyrst Estates #2 which was recorded as file number 2008 -6368 in the office of the Dubuque County Recorder. Passed, approved and adopted this 3rd day of June , 2013 Attest: 4.■1...7.g4ry Kevin ' irnstahl, City • erk 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 46 TIMBER -HYRST ESTATES #2 LOT 49 TIMBER -HYRST ESTATES #2 LOT 48 TIMBER -HYRST ESTATES 12 _ LOT 47 TIMBER -HYRST - - ESTATES #2 CRE(60' ROW) i - TIMBER -HLOT 2 YRS' PLACE #2 LOT TIMBER -HYRST 100' TRANSMISSION LINE PLACE 12 EASEMENT BOOK 61, PAGE 454 EXISTING 20' STORM SEWER - EASEMENT _IO- B€-VACATED TIMBER -HYRST ESTATES /2 LOT 3 TIMBER -HYRST ESTATES #2 EXISTING PROPERTY UNE EASEMENT UNE ( ) RECORD DIMENSION ROW RIGHT OF WAY PUE PUBUC UTIUTY EASEMENT OWNER k PROPRIETOR: LOT 1 OF TIMBER -HYRST PLACE /2 ANO LOT 2 OF TIMBER -HYRST ESTATES /2 IS ROBERT A. ANO BETH M HARM NOTES 1. THE 100' TRANSMISSION UNE EASEMENT REFERS ONLY TO THE AREA 111AT WHICH INTERSTATE POWER COMPANY HAS THE 'RIGHT. PRIVILEGE, AND AUTHORITY TO TRIM OR CUT DOYM ANY TREES 151THIN 50 FEET OF CENTERUNE 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 5 1/2, NW FRL 1/4 SEC 2, T88N, R2E 01 30' 60' g SHEET TITLE PROJECT I N0. 11045 EXHIBIT PREPARED FOR: BOB NAR110 3130 WESIMORE DRIVE DUBUCUE. IA 52001 3UESIING MINORS AND 00001110RS 121] 01011�T. M DATE REVISIONS DRAWN BY: 05/01/13 NW_ SCALE: CHECKED BY: = 60' KLB 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. 168 -13 and Release of Easement 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 4th day of June, 2013. 'Ae‘ff9.T_L4 Ke n S. Firnsta I, CMC, amity Clerk