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Crescent Hgts 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. 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 Prepared b~ Michael A. Koch, Public Works Director Address: 50 W. 13~ Street, DUbuQue. IA 52001-4864 RESOLUTION NO. 84-02 RESOLUTION DISPOSING OF INTEREST AND VACATE A 20-FOOT WIDE UTILITY EASEMENT OVER LOTS 40, 4t, AND 42 OF CRESCENT HEIGHTS IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pumuant to resolution and published notice of time and place of headng, published in the Telegraph Herald, a newspaper of general cimulation published in the City of Dubuque, Iowa on the 8t~ day of February, 2002, the City Council of the City of Dubuque, Iowa met on the 18th day of February, 2002, at 6:30 p.m. in the Public Library Auditorium, 360 West 11t~ Street, Dubuque, Dubuque, County, Iowa to consider the proposal for the release of real estate described as: A 20-foot utility easement on Lots 40, 41, and 42 of Crescent Heights in the City of Dubuque, Iowa, as shown on the attached Exhibit A. 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 20-foot utility easement on Lots 40, 41, and 42 of Crescent Heights in the City of Dubuque, Iowa to Larry E. and Sharon A. McDermott be and the same is hereby approved for the cost of publication and filing fees. Section 2. That the Mayor be 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 Larry E. and Sharon A. McDermott, 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 office of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 18t~ day of February, 2002, Ann E. Michalski, Mayor Pro-Tern Attest: Jeanne F. Schneider, City Clerk Preoared by: Michael A_ Koch. Public Works Director Address: 50 W. 13a Street, DubuQue. IA 52001-4864 RELEASE OF EASEMENT WHEREAS, the plat of Crescent Heights in the City of Dubuque, Iowa, was filed in the office of the Recorder of Dubuque County, Iowa, as Instrument No. 828-01; and WHEREAS, by said plat, the proprietors dedicated to the public utility easement along the property lines of Lots 40, 41, and 42 of Crescent Heights in the City of Dubuque, Iowa, which a 20-foot utility easement is set forth and appears on said plat; and WHEREAS, by the actual location of all utility services and the other easements shown on said plat the easement along the property lines of said Lots 40, 41, and 42 of Crescent Heights as shown on attached Exhibit A is no longer required; and NOW, THEREFORE, for valuable consideration, the undersigned, City of Dubuque, Iowa, does hereby forever release, vacate, abandon and discharge the utility easement along the preperty lines of Lots 40, 41, and 42 of Crescent Heights in the City of Dubuque, Iowa, as shown upon the plat of Crescent Heights in the City of. Dubuque, Iowa; and filed as Instrument No. 828-01 in the office of the Recorder of Dubuque County, Iowa; however, this Release in no way releases, vacates, abandons, or discharges any other easement shown on the plat of Crescent Heights in the City of Dubuque, Iowa, filed in the office of the Recorder of Dubuque County, Iowa, as Instrument No. 828-01. Dated this 18th day of February, 2002. By: CITY OF DUBUQUE, IOWA Ann E. Michalski, Mayor Pro-Tem Jeanne F. Schneider, City Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RELEASE OF EASEMENT WHEREAS, the plat of Crescent Heights in the City of Dubuque, Iowa, was filed in the office of the Recorder of Dubuque County, Iowa, as Instrument No. 828-01; and WHEREAS, by said plat, the proprietors dedicated to the public utility easement along the property lines of Lots 40, 41, and 42 of Crescent Heights in the City of Dubuque, Iowa, which a 20-foot utility easement is set forth and appears on said plat; and WHEREAS, by the actual location of all utility services and the other easements shown on said plat the easement along the property lines of said Lots 40, 41, and 42 of Crescent Heights as shown on attached Exhibit A is no longer required; and NOW, THEREFORE, for valuable consideration, the undersigned, City of Dubuque, Iowa, does hereby forever release, vacate, abandon and discharge the utility easement along the property lines of Lots 40, 41, and 42 of Crescent Heights in the City of Dubuque, Iowa, as shown upon the plat of Crescent Heights in the City of Dubuque, Iowa; and filed as Instrument No. 828-01 in the office of the Recorder of Dubuque County, Iowa; however, this Release in no way releases, vacates, abandons, or discharges any other easement shown on the plat of Crescent Heights in the City of Dubuque, Iowa, filed in the office of the Recorder of Dubuque County, Iowa, as Instrument No. 828-01. Dated this day of ,2002. CITY OF DUBUQUE, IOWA By: Terrance M. Duggan, Mayor By: Jeanne F. Schneider, City Clerk 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. / EX~STING 2! ' U'TJLITY / LDT 40 / ,/ LD7 39 // ~ / ! // LEGEND / LE]T I0 NOTES MEMORANDUM 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: Michael C. Van Milligen, City Manager FROM: Michael A. Koch, Public Works Director :) SUBJECT: Crescent Heights - Utility Easement Vacating INTRODUCTION This is in response to a rectuest 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 Duouque, Iowa. n 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 easement, 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. 13TM Street, Dubuque, IA 52001-4884 RESOLUTION NO. - 02 RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND VACATE UTILITY EASEMENT OVER LOTS 40, 41, AND 42 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 3rescribed under Section 364.7 Code of Iowa, 1999 or amended. Passed, approved and adopted this __ day of ,2002. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Buesing & Associates Inc. Consulting Engineers 1212 Locust St. Dubuque, IA 52001 (319) 556-4389 January 18,2002 Dubuque City Clerk C}~ of Dubuque I & Central Dubuque, Iowa 52001 RE: Utility Easement Vacation Lots 40, 41 and 42, Block I 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 nor[h 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 AOROS8 LOT 40, LOT 41 AND LOT 42, BLOOK 1 OF ORESOENT HEIGHTS SUBDIVISION IN THE OITY OF DUBUQUE, IOWA. // / / E/:~EMENT LDT 4I NOTES BUE$ING & ASSOCIATES CONSULTING ENGINEERS 209'02 209-02 Plat of Utility Easement ACROSS LOT 40, LOT 41, AND LOT 42, BLOCK 1 OF CRESCENT HEIGHTS SUBDIVISION IN THE CITY OF DUBUQUE, IOWA. P.O.B.-'. 42 '~ E,X~STIN G 20' EASEME 'ILITY /~'~ LDT 40 // LDT 39' // / / / // EASEMENT LDT 41 LEGEND ' / / LDT 10 BUE$ING & ASSOCIATES CONSULTING ENGINEERS