C.J. Bies Sub vacate - T OsterMEMORANDUM
February 12, 2002
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
C.J. Bies Subdivision - Utility Easement Vacating
In response to a request from Thomas Oster, representing Peter and Pamela Triolo,
Roger G. and Christine Klauer, and Patrick and Kathleen M. Sullivan for the vacating of
a 10-foot wide utility easement in the City of Dubuque, Public Works Director Mike Koch
states that the City has no need for the subject utility easement and recommends that a
public hearing be set for Mamh 4, 2002, to consider disposal of the property.
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
February 11,2002
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director
C.J. Bies Subdivision - Utility Easement Vacating
INTRODUCTION
This is in response to a request from Thomas Oster representing Peter and Pamela
Tdolo, Roger G. and Christine Klauer, and Patrick and Kathleen M. Sullivan for the
vacating of a 10-foot wide utility easement in the City of Dubuque, Iowa.
DISCUSSION
The attached Exhibit A shows the area of the proposed 10-foot wide utility easement to
be vacated.
Peter and Pamela Triolo, Roger G. and Christine Klauer, and Patrick and Kathleen M.
Sullivan are the owners of Lots 4 and 5 of C.J. Bies Subdivision No. 2 in the City of
Dubuque, Iowa. The owners have recently replatted and rezoned this area combining
the previous lots into lots more conducive to development in the area. The original plat
of C.J. Bies Subdivision had reserved 5-foot utility easements along each side of the
rear lot lines of the previously recorded lots. No utilities have been installed in the
corridor to be vacated, and the utilities have consented to the vacating.
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
March 4, 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
resolutions.
MAK/vjd
Prepared by Ronald J. Turner, P.L.S.
RESOLUTION NO. 88-02
RESOLUTION OF INTENT TO DISPOSE OF INTEREST AND VACATE
UTILITY EASEMENT OVER LOTS 4 AND 5 OF C.J. BIES SUBDIVISION NO. 2
IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Peter and Pamela Triolo, Roger G. and Christine Klauer, and Patrick
and Kathleen M. Sullivan are the current owners of Lots 4 and 5 of C.J. Bies
Subdivision No. 2;
Whereas, a 10-foot wide utility easement is currently platted on said lots; and
Whereas, Peter and Pamela Triolo, Roger G. and Christine Klauer, and Patdck
and Kathleen M. Sullivan have petitioned to vacate the easement in said I~)ts; and
/
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
vacate the existing 10-foot wide utility easement over Lots 4 and
Subdivision No. 2.
Section 2. That the City Clerk be and is hereby authorized ~
cause a notice of intent to dispose to be published as prescribed under
Code of Iowa, 1999 or amended.
interest and
of C.J. Bies
nd directed to
Section 364.7
Passed, approved and adopted this __ 18th day of February, 2002.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
18th day of
February ,2002.
Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864
RESOLUTION NO. - 02
RESOLUTION DISPOSING OF INTEREST AND VACATE A 10-FOOT WIDE
UTILITY EASEMENT OVER LOTS 4 AND 5 OF C.J. BIES SUBDIVISION NO. 2
IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, DUBUQUE, IOWA
Whereas, pursuant to resolution and published notice of time and place of
hearing, published in the Telegraph Herald, a newspaper of general circulation
published in the City of Dubuque, Iowa on day of , 2002,
the City Council of the City of Dubuque, Iowa met on the day of
, 2002, at 6:30 p.m. in the Public Library Auditorium, 360 West 11th
Street, Dubuque, Dubuque, County, Iowa to consider the proposal for the release
of real estate described as:
A 10-foot utility easement on Lots 4 and 5 of C.J. Bies Subdivision No. 2 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 real property described as a 10-foot utility easement on Lots 4
and 5 of C.J. Bies Subdivision No. 2 in the City of Dubuque, Iowa, 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 Peter and Pamela Triolo, Roger G. and Christine Klauer, and Patrick
and Kathleen M. Sullivan, 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.
2002.
Passed, approved and adopted this __
day of
Attest:
Terrance M. Duggan, Mayor
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 Blocks 1, 2, and 3 of C.J. Bies Subdivision in
Section 28, T89N, R2E, 5th P.M., Dubuque County, Iowa in the City of Dubuque,
Iowa, was filed in the office of the Recorder of Dubuque County, Iowa, in Book of
Plats 26, Page 257; and
WHEREAS, by said plat, the proprietors dedicated to the public utility
easements along the property lines of Lots 5, 6, 7, 8, 9, and 10 of Block 3 of C.J.
Bies Subdivision in Section 28, T89N, R2E, 5th P.M., Dubuque County, Iowa, in
the City of Dubuque, Iowa, which a 10-foot wide 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 rear property lines of said
Lots 5, 6, 7, 8, 9, and 10 of Block 3 of C.J. Bies Subdivision in Section 28, T89N,
R2E, 5th P.M., Dubuque County, Iowa, and replatted into Lots 4 and 5 of C.J.
Bies Subdivision No. 2 and recorded as Instrument No. 17847-01 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 rear property lines of Lots 5, 6, 7, 8, 9, and 10 of Block
3 of C.J. Bies Subdivision in Section 28, T89N, R2E, 5th P.M., Dubuque County,
Iowa, in the City of Dubuque, Iowa, as shown upon the plat of Blocks 1, 2, and 3
of C.J. Bies Subdivision in Section 28, T89N, R2E, 5th P.M., Dubuque County,
Iowa, in the City of Dubuque, Iowa, and filed in Book of Plats 26, Page 257, 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 Blocks 1, 2, and 3 of C.J. Bies Subdivision in Section 28, T89N, R2E,
5th P.M., Dubuque County, Iowa, in the City of Dubuque, Iowa, filed in the office
of the Recorder of Dubuque County, Iowa, in Book of Plats 26, Page 257.
Dated this day of ., 2002.
CITY OF DUBUQUE, IOWA
By:
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
By:
I
December 6, 2001
Engineering Department
50 W. 13th Street
Dubuque, IA 52001
Arm: Mike Koch
Re: IDV Project No. 01773-01
Enclosed please fmd a copy of Exhibit "A" to vacate an exasting 10-foot w/de public utility
easement on Lot 4 and Lot 5 of C.J. Bies Subdivision No. 2 in the City of Dubuque. Please
review your records for any utilities the city has in this area, sign and have notarized the
certification to vacate said easement, and return said certification to this office. Please call
if you have any questions or other concerns.
Thank you for your time and cooperation.
Dennis E Waugh, PE/SE
Charles A. Cate. PE
Gary D. Sejkora. PE
Michael A. Jansen. PE/SE
Ronald A. Balmer. PE/SE*
John M. Tranmer. PLS
Ross K. Abbott. LSIT
Timothy I. Tranel. PE
John E Wandsnlder. PE
JuIie R Neebel. PE
James p. Kaune. PE
Tlmmas J. Oster. PLS
Jason E. Miller. PE
Wray A. Childers~ PLS
Sincerely,
IIW ENGINEERS & SLrRVEYORS, P.C.
Thomas J. Oster, L.S.
kb
encl. Final Plat C.J; Bies Sub No. 2 Inst. No. 17847-01
Plat ofC.J. Bies Sub Inst. No. 7940
Ci'dl Engineenng
Sm~ctural Engineering
Environmental Enganeenng
Municipal Engmeering
Transportation Engineering
Architectural Engineering
Land Surveying
Quality Control Testing
Information Technology
I
IIW Engineers & Surveyors, P.C.
Dubuque, IA Guttenberg, IA Hazel Green. WI
INTEGRITY. ~XPERTISE. SOL UTIONS.
4155 Permsylvama Avenue
Dubuque. Iowa 52002-2628
563.556.2464
563.556.7811 fax
EXHIBIT "A"
VACATION OF EASEMENT ON
LOT 4 AND 5 OF
C.J. BIES SUBDIVISION NO. 2
CITY OF DUBUQUE, DUBUQUE COUNTY, IOY/A
LEGEND
BE VACATED
GRAPHIC SCALE
0 50 1 O0
1'--- 50'
MAY HAVE BEEN REDUCED
DATE PREPARED: 12-06-01
FINAL PLAT
LOT A AND LOTS 1, 2, 3, 4,, AND 5; O.d. B]ES SUBDI~SION NO. 2
IN ~E Cl~ OF DUBUQUE, DUBUQUE COUNt, IOWA
DANIELS
L=S~S(~S)~ s ~1' LOT 5/
(z~o.oo)
~
~o.~ .
~>' ~
~'~"~,, ~(~o. oo)
~ ~ "LOT 4 ,
,__
-52-
L< n~ ~., ~c'ss
~lled Decembe~ 8, 1959