Crescent Hghts Vacate McDermottMEMORANDUM
January 29,2002
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Crescent Heights - Utility Easement Vacating
A request has been received from Larry and Sharon McDermott to vacate a 20-foot
wide utility easement on Crescent Heights. The City does not have a need for the
subject utility easement, and Public Works Director Mike Koch recommends approval of
the request to vacate, and further recommends that it be set for public hearing on
February 18, 2002.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
January 29, 2001
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director
Crescent Heights - Utility Easement Vacating
INTRODUCTION
This is in response to a request from Terry Koelker representing Larry E. and
Sharon A. McDermott for the vacating of a 20-foot wide utility easement in the
City of Dubuque, Iowa.
DISCUSSION
The attached Exhibit A shows the area of the proposed 20-foot wide utility
easement to be vacated. The properties are owned by Larry E. and Sharon A.
McDermott.
Larry E. and Sharon A. McDermott are the owners of Lots 40, 41, and 42 of
Crescent Heights in the City of Dubuque, Iowa. In order to provide for more
buildable area on Lot 40, Larry E. and Sharon A. McDermott are proposing to
vacate the existing 20-foot wide utility easement. Larry E. and Sharon A.
McDermott have already established an alternate 20-foot easement, shifted
northerly by the plat recorded as Instrument No. 209-02. No utilities have been
installed in the area to be vacated.
RECOMMENDATION
The City does not have a need for the subject utility eas]ement, and I would
recommend approval of the request to vacate the easement as shown on the
attached Exhibit A. I would further recommend that the vacating of the easement
be set for public hearing on February 18, 2002.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and a public hearing
should be scheduled on the disposal of the property through adoption of the
enclosed resolution.
MAK/vjd
Prepared by Ronald J. Turner, P.L.S.
Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13st Street, Dubuque, IA 52001-4864
RESOLUTION NO. 51-02
RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND VACATE UTILITY
EASEMENT OVER LOTS 40, 41, AND42 OF CRESCENT HEIGHTS IN THE CITY
OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Larry E. and Sharon A. McDermott are the current owners of Lots 40,
41 ,and 42 of Crescent Heights;
Whereas, a 20-foot wide utility easement is currently platted on said lots; and
Whereas, Larry E. and Sharon A. McDermott have petitioned to vacate the
easement in said lot; and
Whereas, Larry E. and Sharon A. McDermott have platted an alternate easement as
recorded as Instrument No. 209-02.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to dispose of its interest and vacate
the existing 20-foot wide utility easement over Lots 40, 41, and 42 of Crescent Heights.
Section 2. That the City Clerk be and is hereby authorized and directed to cause
a notice of intent to dispose to be published as prescribed under Section 364.7 Code of
Iowa, 1999 or amended.
Passed, approved and adopted this 4th day of
Attest:
Jeanne F. Schneider, City Clerk
February, 2002
Terrance M. Duggan, Mayor
Buesing & Associates Inc.
Consulting Engineers
1212 Locust St.
Dubuque, lA 52001
(319) 556-4389
January 18, 2002
Dubuque City Clerk
City of Dubuque
13th & Central
Dubuque, Iowa 52001
RE: Utility Easement Vacation
Lots 40, 41 and 42, Block 1 of Crescent Heights Subdivision
To the Dubuque City Council:
We are requesting your approval to vacate an existing 20' wide Utility Easement in
Crescent Heights Subdivision as shown on the attached Exhibit "A". Our client has
determined that vacating the existing easement and adding a new utility easement
that would be shifted 5' to the north would allow for easier construction of a home on
Lot 40, Block 1 of Crescent Heights Subdivision. I have also attached a copy of the
recorded easement that replaces the original easement,
Respectfully yours,
Terry L. Koelker, Eng. P.L.S.
Buesing & Associates
Att Exhibit "A" & Easement Plat
Cc Larry McDermott
EXHIBIT "A"
For the VACATION OF A 20' WIDE UTILITY EASEMENT
ACROSS LOT 40, LOT 41, AND LOT 42, BLOCK 1 OF CRESCENT HEIGHTS
SUBDIVISION IN THE CITY OF DUBUQUE, IOWA,
0 ~
LOT 4~
25 5O
SCALE IN FEET
100
LBT 40
/
/
// LDT 39 //
/
LEGEND
EASEMENT
LDT 41
LBT 1 ~'
LDT 10
NOTES
SHEET TF~LE BUES[NG & ASSOCIATES
EXHIB Fi- "A" CONSULTING ENGINEERS
209-02
~ ~'~/~
209-02
7~tq~J,~Jt-3 AH 9: hl~
Plat of Utility Easement
ACROSS LOT 40, LOT 41, AND LOT 42, BLOCK 1 OF CRESCENT HEIGHTS
SUBDIVISION IN THE CiTY OF DUBUQUE, IOWA.
UTILITY ~ LDT 40
NT ~ NEW 20' UTILrTY
LDT 39 //
/
' /
I
/
LEGEND
LBT 4I J ~
/ LDT 1 ~-