Loading...
University of Dubuque_Vacate Access, Utility and Storm Water Drainage Easement_Reche's Subd. Copyright 2014 City of Dubuque Items to be set for Public Hearing # 4. ITEM TITLE: Vacate Access, Utility and Storm Water Drainage Easement Lot C Reche's Subdivision - University of Dubuque Physician's Assistant Building Addition SUMMARY: City Manager recommending that a public hearing be set for April 6, 2015, on the disposal of the City's interest in the subject property. RESOLUTION Of Intent to Vacate and Dispose of City Interest in an access, utility, and storm water drainage easement over and across Lot C of Reche's Subdivision in the City of Dubuque, Dubuque County, Iowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for April 6, 2015 ATTACHMENTS: Description Type ❑ Vacate Access, Utility and Storm Water Drainage Easement-University City Manager Memo of Dubuque-MVM Memo ❑ Staff Memo Staff Memo ❑ Resolution Resolutions ❑ Easement Vacation Exhibit Supporting Documentation ❑ Transfer of Ownership Exhibit Supporting Documentation ❑ Access and Utility Easement Release Agreement Supporting Documentation ❑ UD Easement Release Request Supporting Documentation THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Vacate Access, Utility, and Storm Water Drainage Easement Lot C Reche's Subdivision — University of Dubuque Physician's Assistant Building Addition DATE: March 10, 2015 In response to a request from the University of Dubuque for the vacating of an access, utility, and storm water drainage easement across Lot C of Reche's Subdivision in the City of Dubuque, City Engineer Gus Psihoyos states that the existing 20 foot wide easement only contains one public improvement, which is a sanitary sewer main running between Auburn and Algona Street. Because the sanitary sewer main only serves University of Dubuque properties and the City has no plans to utilize the easement area for other public improvements, City Engineer Gus Psihoyos is recommending vacation of the easement, and transfer of ownership and maintenance responsibilities for the public sanitary sewer. It is recommended to vacate said easement at no cost to the University of Dubuque in exchange for the transfer of ownership and maintenance of the sanitary sewer main to the University of Dubuque. City Engineer Gus Psihoyos recommends that a public hearing be set for April 6, 2015, on the disposal of the City's interest in the subject property. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael 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 THE CITY OF Dubuque� Engineering Department D LJ L Mc" 50 13th Street 1 Dubuque,Iowa 52001 Office(563)589-4270 Fax(563)589-4205 Masterpiece on the Mississippi 2012 www.cityofdubuque.org TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Vacate Access, Utility, and Storm Water Drainage Easement Lot C Reche's Subdivision — University of Dubuque Physician's Assistant Building Addition DATE: March 10, 2015 INTRODUCTION This is in response to a University of Dubuque request for the vacating of an access, utility, and storm water drainage easement across Lot C of Reche's Subdivision in the City of Dubuque, Iowa. DISCUSSION In 1990, the City of Dubuque vacated Lot C of Reche's subdivision to the University of Dubuque for $600. An access, utility, and storm water drainage easement was reserved over Lot C of Reche's Subdivision according to City of Dubuque Resolution Number 346-90 recorded as file number 8090-90 in the office of the Dubuque County Recorder. The University of Dubuque is planning an addition to the existing Physician's Assistant building, being part of the existing Mary Chlapaty Hall, the said addition lies over the existing access, utility, and storm water drainage easement on Lot C of Reche's Subdivision. The University of Dubuque is petitioning to vacate the access, utility, and storm water drainage easement across said Lot C of Reche's Subdivision in order to facilitate the construction of the Physician's Assistant building. The vacating and disposal of interest in said easement is contingent upon the following conditions: 1. All of the construction, reconstruction, repair and maintenance of any existing sanitary sewer main and appurtenances between Algona Street and Auburn Street shall become the responsibility of the University of Dubuque on the date of the resolution approving the release of said easement over Lot C of Reche's Subdivision. 2. Once ownership and responsibility of the sanitary sewer is transferred, the University of Dubuque shall provide regular maintenance as appropriate for a sanitary sewer main on the existing sanitary sewer between Algona and Auburn Street. The exhibit attached to the resolution shows the 20 foot wide access, utility and storm water drainage easement to be vacated over and across Lot C of Reche's Subdivision in the City of Dubuque. RECOMMENDATION The existing 20 foot wide easement only contains one public improvement which is a sanitary sewer main running between Auburn and Algona Street. Because the sanitary sewer main only serves University of Dubuque (U.D.) properties and the City has no plans to utilize the easement area for other public improvements, staff is recommending vacation of the easement across said Lot C of Reche's Subdivison as indicated on the Exhibit, and transfer of ownership and maintenance responsibilities for the public: sanitary sewer. We are recommending vacating said easement at no cost to U.D. in exchange for the transfer of ownership and maintenance of the sanitary sewer main. I would recommend that the access, utility, and storm drainage easement across Lot C of Reche's Subdivision as 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 April 6, 2015. ACTION TO BE TAKEN The recommendation of the City Manager should be approved and a public hearing should be set for April 6, 2015 on the disposal of the easement through adoption of the enclosed resolution. Prepared by Nate Kieffer, PLS 2 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to:Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 92-15 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN AN ACCESS, UTILITY, AND STORM WATER DRAINAGE EASEMENT OVER AND ACROSS LOT C OF RECHE'S SUBDIVISION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, the University of Dubuque is the current owner of Lot C of Reche's Subdivision in the City of Dubuque, Dubuque County, Iowa; and Whereas, an access, utility, and storm water drainage easement was reserved over Lot C of Reche's Subdivision according to City of Dubuque Resolution Number 346-90 recorded as file number 8090-90 in the office of the Dubuque County Recorder; and Whereas, the University of Dubuque is planning an addition to the existing Physician's Assistant building and where said addition lies over said access, utility, and storm water drainage easement; and Whereas, the University of Dubuque has petitioned to vacate the access, utility, and storm water drainage easement across said Lot C of Reche's Subdivision in order to facilitate the construction of the Physician's Assistant building. 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 the access, utility, and storm water drainage easement across said Lot C of Reche's Subdivision in the City of Dubuque, Dubuque County, Iowa, as shown on the attached Exhibit. Section 2. That the vacating and disposal of interest in said easement is contingent upon the following conditions: 1. All of the construction, reconstruction, repair and maintenance of any existing sanitary sewer main and appurtenances between Algona Street and Auburn Street shall become the responsibility of the University of Dubuque on the date of the resolution approving the release of said easement over Lot C of Reche's Subdivision. 2. Once ownership and responsibility of the sanitary sewer is transferred, the University of Dubuque shall provide regular maintenance as appropriate for a sanitary sewer main on the existing sanitary sewer between Algona and Auburn Street. Section 3. 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 16th day of March, 2015. Attest: Tris L Gleason, CMC, Assistant City Clerk Roy D. Buol, Mayor `- — VACATION IJL :T FOR LQT G OF d�ECHE,S �ND SUBDIVISIOIAI II'`I THE CITY OF DUBUQUE, IOWA 0 IRON ROD(FOUND) e IRON ROD(PLACED) PROPERTY LINE PLATTED PROPERTY LINE 8087—J40 CENTERLINE T R.O.W. '90 SEP 12 RPI 10 49 RIGHT OF WAY (sa V Ire ( ) JO ANN E.REYRECORD MEA5UREMENT NOLDS COUNTY RECORDER DUBUQUE CO.,IOWA FEES ' aS REQ FS 3 NOTES 1.ALL MEASUREMENTS ARE IN FEET AND.DECIMALS THEREOF. SAY FFPTIFTrATF -d0 1 PAUL C.BRASHAW.LAND SURVEYOR UNDER THE LAW'S OF THE STATE OF IOWA.HEREBY CERTIFY THAT THIS PLOT.MAP.SURVEY OR REPORT /V �� s�s e gso �?a J ! / h0 WAS PREPARED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION. PAUL C.BRASHAW DATE _ REGISTRATION'lB134 j �2` vg v ar93�4"`` yo -yAN� i { a � � � eaosFaw i [� ` - v ..J B I I�N r�` i� � r 1I>� _ y Naas 101sa c ry CN v L2-L1-L35 42-L40 1W SURVEY FOR TBE UNIVERSITY OF DUBUQUE C 0 50 dDo B=, rjTG&e1SSOC7AT7 S SCALE 1" = 50.0'. _ DRAWING N0.89060-01 I II S, 11 i; I (64'WIDE) MINI Isn , --- ---� ----UNIVERSITY AVENUE &SPHAL- ------ --- ------ T------ MN I PROPOSED PHYSICIANS ASPHALT ASPHALT T SIDEWAIX ASSISTANT ADDITION TO 863V7D E 298.75 THE UNIVERSITY OF DUBUQUE SCIENCE HALL j FUG a I I I �' I GOLDTHORP HALL X00 c:: MARY a D m o MARY W CHLAPATY HALL I I m 189 POSSIBLE RECORD s T o a q m a � £ w /wows■w 1710 r� w � -------- °— ----- a-- ------- — — -------I--- �� � I 20' WIDE PUB IC UTILITY ° EASEMENT o iiiinig ' ®" BASRA N 6397'10'W 298.11' NN INA 41850 ■ BOOKSTORE 017,177PROPOSED ff PETERS COMMONS —=�_ �/ PHYSICIANS ' NH 7712 ASSISTANT s°, HEAT PLANT ADDITION t BUILDING ° —w 1407 NORTH G LEGEND "HOLEO MH SURVEYED BOUNLINE MRY BENCHYARK . . . . . . . . . . . . . . . . . .BM• EASEMFM UNE ------------ WATER VALVE. . . . . . . . . . . . . . . . . .0 STAM LINE '�"' 01 FIRE MRW. . . . . . . . . . . . . CJS LINE POWER POLE. . . . . . . . . . . . . . . . . .g UNDERGROUND ELECTRIC POWER RLE ANCHOR. . . . . . . . . . STORM SEWER STS n BORING LDCATION . . . . . . . . . . . . . . _ EALIIT SEWER SAN STREET LIGHT/U_RLE. . . WATER AWN PULED IRON T-BAR MONUMENT AND CAP 8761 - O r r WOOD FENCE �, Tq• PULED CUT'%'IN CONCRETE. . . . ® -w-"k RECORD. . . . . . . . . . . . TRWFIC FLow engineers-planners+land s wow Dubuque Engineering Department THE CITY OF All-America City Ci Hall 50 W. 13th Street DUtB E ' / Dubuque, Iowa 52001 563.589.4270 Masterpiece on the Mississippi 2012 563.589.4205 (fax) www.cityofdubugue.org February 19, 2015 Mr. James Steiner Vice President of Finance and Auxiliary Services University of Dubuque 2000 University Avenue Dubuque, IA 52001 RE: Access and Utility Easement Release Agreement Dear Mr. Steiner: This letter is a follow up to our conversation on February 2, 2015 regarding your request for the release of an existing twenty foot wide access and utility easement on Lot C of Reche's Subdivision running from Algona to Auburn Street on the University of Dubuque Campus. This access and utility easement was reserved by the City of Dubuque when the original alley was vacated to the University in 1990. We understand the University is requesting the release of easement to accommodate construction of an addition to the existing Physician Assistant building. As discussed, if the easement is to be released, the University of Dubuque will assume ownership of and all maintenance and repair responsibilities for the existing sanitary sewer and appurtenances. Listed below is a breakdown of the project with responsibility assigned to either the City or the University of Dubuque: City Of Dubuque Responsibility: 1. Prepare City Council and Public Hearing documents necessary for the disposition of rights and release of the existing access and utility easement over said Lot C. 2. Prepare the release of easement document for the access and utility easement over said Lot C. 3. Televise and clean existing City sanitary sewer main piping and appurtenances between Algona and Auburn prior to transfer of ownership and responsibility of the sanitary sewer to the University of Dubuque. University of Dubuque Responsibility: 1. All of the construction, reconstruction, repair and maintenance of any existing sanitary sewer main and appurtenances between Algona and Auburn shall become the responsibility of the University of Dubuque on the date of the resolution approving the release of said easement over Lot C of Reche's Subdivision. 2. Once ownership and responsibility of the sanitary sewer is transferred, the University of Dubuque shall provide regular maintenance as appropriate for a sanitary sewer main on the existing sanitary sewer between Algona and Auburn. 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 James Steiner Vice President of Finance and Auxiliary Services University of Dubuque 2000 University Avenue Dubuque, IA 52001 Cc: Denise Ihrig, Civil Engineer Deron Muehring, Civil Engineer Nate Kieffer, PLS Tom Freund, Eng Tech John Klosterman, Street Maintenance Supervisor Mr. Michael Van Milligen City Manager City of Dubuque 50 West 13th Street Dubuque, Iowa 52001 RE: University of Dubuque Easement Release Dear Mr.Van Milligen: The University of Dubuque is beginning the site design for a Physician's Assistant (PA) Addition to the south side of the Mary Chlapaty Hall, located on the northeast side of the University's campus. in reviewing the existing topographic and boundary surveys in the area, an existing City perpetual easement was discovered, and brought to the University's attention. The easement was granted as part of the alley vacation, Resolution No. 346-90 (Inst. No. 8090-90 at the Dubuque Count y Recorder's Office), a copy of which is attached. The University of Dubuque requests the City's release of easement for the entire alley easement to construct the PA Addition. The existing sanitary sewer is listed in the Dubuque GIS database as being owned by the City. The City's 1930 map of City sewers shows the sanitary sewer line thru the middle of the alley. However, the line appears to have been relocated and now has several jogs. Currently, only a twenty foot (20') section falls within the easement. See Attachment A. The sanitary sewer serves only the University of Dubuque's facilities. There are other utilities in the alley, but all services serve only the University's buildings and are located outside of the existing easement. The University acknowledges and will accept ownership of the sanitary sewer and manholes west of Auburn Street. As part of the construction of the PA Addition, the sewer line will either be left in its current location, with new pipe and steel encasement installed, or the line will be routed around the outside of the proposed Addition.There may be additional requirements that can or will become part of the release of easement document and the University is open to the discussion of those stipulations. The Physician's Assistant Addition will be a wonderful teaching and learning asset to the University, as well as another positive feature in the City of Dubuque.The University of Dubuque respectfully requests, the City's release of the perpetual easement for the entire alley, so that construction of the proposed PA Addition can begin. Yours truly, University of Dubuque VACATIONPLAT FOR LOT C OF RECHE LEGEND SUBDIVISION IId THE CITY OF DUBUQUE, IO`YA 0 ?ROK ROD(FOUND) 0 IRON ROD (PLACED; /7 PROPERTY LINE (6 /� PLA TTED?ROPERTY INE 808 Q CENTERLINE R.O.W. '90 SEP 12 AM 10 49 RIGHT OF WAY RECORD MEASURE`�IEN T J JO ANN E.REYNOLDS COUNTY RECORDER DUBUQUE CO., IOWA FEES,5a5r"� i /o REC E'S S�J V ASO J\ r fes, �/ so i CUR ` ``/ L S 1.ALL ME-ASUREME:(TS ARE IN FE=-AND CECIMA;S^?E3cOF- _coJ 29 / lS\ Q s :/ o•\ .; 4'3 �- ✓ $li?2`lFYfZU tclf',lTF C \\ as Z'/ 0 I PAUL C.BRASHAW,LAMB SURVEYOR UNDER THE LAWS OF THE STA TE / �°�j c- s e L •op- `/ OF IOWA.HEREBY CERTIFY THAT THIS PLAT.MAP.SURVEY OR REPORT s;3`�e �So WAS PREPARED BY hlE OR UNDER MY DIRECT PERSONAL SUPERVISION. 3 gyp. Lp�s-sem• � LL PAUL C.BRASHAW DATE v \ // JYVI� o o •�, "/ REGISTRATION•I013i 0. 3 L2`t V `?Ire��C`� �3c ��`oJ v0. LAMC ,� 3) v v orae mac, /1 n` R T eS�Qo _ PAULC- m, BIN � i BRASHAW d { /1! � Ny LS 10134 \ / L/; � P.OB � ••�y n V rC11V A �.; L1_Li-L3 v v v L=-L1-L35 4,?-LA0 / SURVEY ORT_Lj ?S TTY OFDUPsUGLE o 50 lcD ;. BTS) FG& 1SS0CIA SSS SCALEl" 50.0. Lf DRAWING N0.89050-0e RESOLUTION NO. 346 -90 Whereas, pursuant to resolution and published notice of time and place of hearing in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the loth_ day of _ Aucr`:st 1990, the City Council of the City of Dubuque, Iowa met on the _2_Cth rn _ day of _ Au ,st , 1990, at 7:30 p.m. in the Public Library Auditorium, 11th and Locust, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot C of Reche's Subdivision in the City of Dubuque, Iowa to University of Dubuque 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, Icwa in the hereinabove described real estate to University of Dubuque. 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 Lot C of Reche's Subdivision in the City of Dubuque, Iowa to University of Dubuque be and the same is hereby approved for the sum of $600.00 plus platting and recording fees. Section 2. That the City reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining existing utilities on said alley, and for storm water drainage, Section 3, That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to the above names grantee upon receipt of the purchase price in full , Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this Resolution in the Office of the City Assessor, Dubuque County Recorder and the Dubuque County Treasurer. s '90P �` A ®0 50 JO ANN :0LDS COUNTY REG %:19ER DUBUQUE CO., 10V�A FEES