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.
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EX~STING 2! ' U'TJLITY
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LEGEND
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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.
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E/:~EMENT
LDT 4I
NOTES
BUE$ING & ASSOCIATES
CONSULTING ENGINEERS
209'02
209-02
Plat of Utility Easement
ACROSS LOT 40, LOT 41, AND LOT 42, BLOCK 1 OF CRESCENT HEIGHTS
SUBDIVISION IN THE CITY OF DUBUQUE, IOWA.
P.O.B.-'.
42 '~
E,X~STIN G 20'
EASEME
'ILITY /~'~ LDT 40
// LDT 39' //
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EASEMENT
LDT 41
LEGEND
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/ LDT 10
BUE$ING & ASSOCIATES
CONSULTING ENGINEERS