Raven Oaks Sewer Release_Acceptance~,.,,
THE CTTY O~ ~
DUB E
Masterpiece on the Mississippi
MEMORANDUM
June 8, 2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Release and Acceptance of Sanitary Sewer Easement, Lot 4 of Raven
Oaks No. 2 and Lots 1 and 2 of Raven Oaks Place in the City of
Dubuque, Iowa
A request has been received from Kluck Construction to vacate and relocate a portion
of an existing sanitary sewer easement and vacate a utility easement in Lot 4 of Raven
Oaks No. 2 and Lots 1 and 2 of Raven Oaks Place.
Kluck Partnership is the current owner of Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of
Raven Oaks Place in the City of Dubuque, Iowa. Kluck Partnership intends to construct
an apartment building on Lot 4 of Raven Oaks No. 2 which will conflict with the location
of the existing City sanitary sewer easement on this property.
Kluck Construction has relocated the sewer at their expense and desires to dedicate a
new sanitary sewer easement to the City, City Engineer Gus Psihoyos recommends
City Council approval of the request.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
n
{
~1.,, ~~ ti~ ,~
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF ~I,,.
DUB f ~ E
Mc~ster~~iece i>n tyre Mi;sis~iY~ar
MEMORANDUM
June 8, 2007
TO: Michael C. Van Milligen, City Man g
FROM: Gus Psihoyos, City Engineer
SUBJECT: Release and Acceptance of Sanitary Sewer Easement, Lot 4 of
Raven Oaks No. 2 and Lots 1 and 2 of Raven Oaks Place in the
City of Dubuque, Iowa
INTRODUCTION
A request has been made from Kluck Construction for the vacating and
relocation of a portion of an existing sanitary sewer easement and vacate of
utility easements in Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of Raven Oaks
Place.
DISCUSSION
Kluck Partnership is the current owner of Lot 4 of Raven Oaks No. 2 and Lots 1
and 2 of Raven Oaks Place in the City of Dubuque, Iowa, which is located along
Raven Oaks Drive. Kluck Partnership intends to construct an apartment building
on Lot 4 of Raven Oaks No. 2 which will conflict with the location of the existing
City sanitary sewer easement on this property.
Kluck Construction has relocated a portion of the sanitary sewer at the northwest
corner of the proposed building at their sole expense, and desires to dedicate a
new sanitary sewer easement to the City.
The improvement plans and location of the new sanitary sewer have been
reviewed and approved by City Engineering. Kluck Partnership has also
contacted the utility companies regarding the vacating of the utility easement
along the east side of said Lot 4.
RECOMMENDATION
Since Kluck Partnership has agreed to relocate the sewer at their expense and
grant the City a new easement, I would recommend that the City Council approve
the request and that a public hearing be held on June 18, 2007, for the vacating
of the prior sewer easement and portions of the utility and access easements.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and a public
hearing should be held on the disposal of interest in the property and accepting
the dedication of a new sanitary sewer easement through the adoption of the
enclosed resolutions.
Prepared by Ronald J. Turner, PLS
F:\USERS\Ischluet\PROJECT - FILESISITE PLAN FILES -SUBDIVISIONS\Raven Oaks\Raven Oaks Public Hearing
Memo 6-8-07.doc
Resolution No. 352-07
Prepared bv' Ronald J Tumer City of Dubuque 50 W 13"' Street Dubuque, Iowa 52001 (563)589-4270
Retum to: Ronald J. Tumer, City of Dubuque, 50 W. 13 Street, Dubuque, Iowa 52001 (563) 589-4270
RESOLUTION NO. 352-07
ACCEPTING A CONVEYANCE OF EASEMENTS OVER PART OF LOT 4
OF RAVEN OAKS NO.2 AND LOTS 1 AND 2 OF RAVEN OAKS PLACE IN THE
CITY OF DUBUQUE
Whereas, Kluck Partnership agreed to engineer and reconstruct a sanitary
sewer pursuant to which Kluck Partnership agreed to convey easements for sanitary
sewer and utilities over part of Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of Raven
Oaks Place in the City of Dubuque, Iowa, as shown on the Plat of Easements
attached hereto; and
Whereas, Kluck Partnership has executed an easement for said sanitary
sewer.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby
approves, accepts and consents to the dedication of easements for sanitary sewer
and utilities on Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of Raven Oaks Place in
the City of Dubuque, Iowa, copies of which are attached hereto, as required by Iowa
Code Section 569.7.
Section 2. The Mayor is hereby authorized and directed to execute and
acknowledge on behalf of the City of Dubuque any instruments in connection
herewith.
Passed, adopted and approved this 18th day of
A t: ~'
eanne F. Schneider, CMC, City Clerk
Resolution No. 353-07
Prepared bv' Ronald J Turner City of Dubuque 50 W 13"' Street Dubuque Iowa 52001 (563) 589-4270
Return to: Ronald J. Turner, City of Dubuque, 50 W. 13 Street, Dubuque, Iowa 52001 (563) 589-4270
RESOLUTION NO. 353-07
RESOLUTION DISPOSING OF INTEREST AND RELEASE A PORTION OF
AN EXISTING 20-FOOT WIDE SANITARY SEWER EASEMENT, A 25-FOOT
ACCESS AND UTILITY EASEMENT, AND A 5-FOOT UTILITY EASEMENT ON
LOT 4 OF RAVEN OAKS NO. 2 AND LOTS 1 AND 2 OF RAVEN OAKS PLACE IN
THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, pursuant to resolution and published notice of time and place of
hearing, published in the Telegraph Herald, a ne~yyrr~~paper of eneral circulation
published in the City of Dubuque, Iowa on thisc~'`~'~o ~C~2007, e City
Council of the City of Dubuque, Iowa met on the/vim of , 2007, at
6:30 p.m. in the Public Library Auditorium, 360 West 11th Str t, Dubuque, Dubuque
County, Iowa to consider the proposal for the release of real estate described as:
Real property described as a portion of an existing 20-foot wide sanitary
sewer easement, a 25-foot access and utility easement, and a 5-foot utility easement
on Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of Raven Oaks Place, in the City of
Dubuque, Dubuque County, Iowa, as shown on the Exhibit Plat of easements to be
vacated, attached hereto.
Whereas, the City Council of the City of Dubuque, Iowa, overruled any and all
objections, oral or written to the proposal to dispose of interest of the City of
Dubuque, Iowa, in the hereinabove described real estate.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the disposal of the interest of the City of Dubuque,
Dubuque County, Iowa, in real property described as a portion of an existing 20-foot
wide sanitary sewer easement, a 25-foot access and utility easement, and a 5-foot
utility easement on Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of Raven Oaks
Place, in the City of Dubuque, Iowa, as shown on the Exhibit Plat of easements to be
vacated, attached hereto be and the same is hereby approved for the cost of
publication and filing fees.
Section 2. The Mayor is hereby authorized and directed to execute a
Release of Easement and the City Clerk be and is hereby authorized and directed to
deliver said Release to Kluck Partnership, upon receipt of the above fees.
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, adopted and approved this 18th day of June ~ , 2007.
. _ -~ ~f
Roy D. Buol, Mayor
.Attest:
~~
eanne F. Schneider, CMC, City Clerk
F:\USERS\Ischluet\PROJECT -FILES\SITE PLAN FILES -SUBDIVISIONS\Raven Oaks\Resolution Disposing of
I nterest.doc
RELEASE OF EASEMENT
Whereas, the plat of Raven Oaks No. 2, in the City of Dubuque, Iowa was
filed in the office of the Recorder of Dubuque County, Iowa, as Instrument No.
3782-90; and
Whereas, by said plat, the proprietors dedicated access and public utility
easements now located on Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of Raven
Oaks Place in the City of Dubuque, Iowa which an existing 20-foot wide sanitary
sewer easement, a 25-foot access and utility easement, and a 5-foot utility
easement on Lot 4 of Raven Oaks No. 2 and Lots 1 and 2 of Raven Oaks Place
set forth and appears on said plat; and
Whereas, by the actual location of the sanitary sewer and other utility
services the portions of easements shown on attached Exhibit Plat of Easements
to be vacated are no longer required.
NOW THEREFORE, for valuable consideration, the undersigned, City of
Dubuque, Iowa, does hereby forever release, vacate, abandon and discharge the
access and utility easements now located on Lot 4 of Raven Oaks No. 2 and Lots
1 and 2 of Raven Oaks Place in the City of Dubuque, Iowa as shown on the
attached Exhibit Plat of Easements to be vacated; however, this Release in no
way releases, vacates, abandons or discharges any other easement shown on
the plat of Raven Oaks No. 2 in the City of Dubuque, Iowa, filed in the office of
the Recorder of Dubuque County, Iowa, as Instrument No. 3782-90.
Passed, approved and adopted this lstn day of June , 2007.
C ~' -,~
Roy D. uol, Mayor
Attest:
anne F. Schneider, CMC, City Clerk
F:\USERS\Ischluet\PROJECT -FILES\SITE PLAN FILES -SUBDIVISIONS\Raven Oaks\Release of Easement Raven
Oaks No.2.doc
PLAT of EASEMENTS across Lot 1 and 2 of
Raven Oaks Place and Lot 4 of Raven
Oaks No. 2
in the City of Dubuque, Iowa 5
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1` 11 Tx6 SURKY 16 LOC~AlEO Ix TIE Al/. 6
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CURVE DELTA RADIUS ARC
LENGTH TAN CHORD
LENGTH CHORD
BEARING
C1-A 11'50'04" 175.00' 36.15' 78.14' 36.08' 569'14'34"W
Ct-B 16'41'19" 175.00' 50.97' 25.67' 50.79' 58330'76"W
C2- A 18'16'22" 125.00' 39.87' 20.10' 39.70' S69'23'13"W
C2-B 12'47'55" 125.00' 27.92' 14.02' 27.87' 584'55'54"W
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LEGEND 49'48" W 272.7T(272.72')
FOUND 5/B'IRON REROD W/YELLOW
PLASTIC CAP NARKED "JLW ID18"
_
(UNLESS OTHERWISE NOTED) RAVEN OAKS DRIVE (50' ROW)
FOUND 5/B" R00 W/ftED CAP /12631
fOUNO 5/8"IRON REROD W/ORANGE
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DETAIL
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NOTES - - LLr~ _ _ _
~ 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF, r
- Z. PROPRIETOR OF LOT 1 @ Z OF RAVEN OAKS PLACE
AND LOT 4 OF RAVEN OAKS N0. 2: KLUCK PARTNERSHIP.
N BB'49'4B'W
1.60
J. EXHIBIT PLAT REWESTEO BY: TOM KLUCK WITH KLUCK CONSTRUCTION.
4. THIS PUT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD.
\\"`~11W`III~II////// 1 HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS
7j~/ PREPARED ANO THE RELATED SURVEY WORK WAS PERFORMED BY ME OR
`~J~~40,.••'•••,Sr,,ii~ UNDER MY DIRECT PERSONAL SUPERVISION AND THAT 1 AM A DULY
`+`J.'• L ~ U ED LAND SUR Y R UNDER THE LAWS DF THE STATE OF IOWA.
cU. TERRY L. ~:~,K
°_ - KOELNER . p= S- 2 y Q
9 •A c TERRY L DECKER (DATE)
?J" 15487 ° LICENSE NUMBER 15487
*••• ~ *~~~ MY LICENSE RENEWAL DATE IS DECEMBER 31, 2007
//ry/////lll~II~IW PN11~~~"\\\\ SHEETS COVERED BY THIS SEAL SHEET 1
SNCINSSR9 AND SURYSYDRS
1212 LOCUST $T, OUBWUE, IA
(SDJ) 556-IJB9
Y GATE: J/19/07 PLOT DATE: 5
NO. 07099-04 SCALE: 1" _
SHEET 1 OF 2
EXHIBIT PLAT of EASEMENTS to be Vacated
across Lot 1 and 2 of Raven Ooks Place
and Lot 4 of Raven Oaks No. 2
in the City of Dubuque, Iowa
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LEGEND
FOVNO S/e' IRON RER00 W/YELLOW
PLASTC CAP MARKED 'JLW 4016'
(UNLESS OTHERWISE NOTED)
POLING S/6'IRON REROD W/ORANGE
TLK PU511C CAP MARKED 'KOELKER 15467'
(UNLESS OTHERWISE NOTED)
~ FOUND S/g' ROD W/RED CAP X12677
PROPERTI LINE
- - - - -CENTER LINE
-EXISTING EASEMENT LINE
ROW
- - - _ RIGHT OF WAY
t ) RECORD DIMENSION
IP IRON PIPE
EASEMENT AREA TO RE VACATED
MK sM'R. rs ~ . m stn/• ar
SECTOM i~. tMM. ~l (OYRIgJE M1/) M
m sn~ :r m a ouwKUS.
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EXISTING
APARTMENT
BUILDING
EXISTING 8' ELECTRICAL
UTILItt EASEMENT
PER RECORDED DOG. /4282
FILED 4-21-199!
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S$EWER EASEMENT PER
I REDDRDED DOG. ~}782-90
1 RILED 5-09-1990
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j RECORDED DOG. /7782-90
FILED 5-09-7990
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`-VT14TY EASEMENT PER I
RECORDED DOG. / 7782-90
FILED 5-09-1990
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.._--___-________-J / ND
' ' -
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-_-_-__~-- TLK /
RAVEN OAKS DRIVE (50' ROW) /'
1NOL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. vuCA`T'E9'INry~
fNCIN££RS AMD SVRY£YORS
2. PROPRIETOR OF LOT 1 k 2 Of RAVEN OAKS PLACE 12t] tOCU6r Si, DUDVOUE. M
O~ 3O~ GO~ iZO~ AND LOT 4 OF RAVEN OAKS N0. 2: KLUCN PARTNERSHIP. (56]) 556-•J69
SCALE: 1' a ~ZD' 3. E%HIgIT PLAT REQUESTED gY: TOM NLUCN WITH KLUCK CDNSTRUCTION. DRAWN RY: JCH CHECKED DY
6URVEY DATE: J/19/07 PLOT DATE:
DWG. N0. 07099-Oa SCALE: t- -
SHEET 1 OF 1