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