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
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VACATION IJL :T FOR LQT G OF d�ECHE,S �ND
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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
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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
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JO ANN :0LDS
COUNTY REG %:19ER
DUBUQUE CO., 10V�A FEES