C.J. Bies Subd Vacate EasementMEMORANDUM
February 28, 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
vacating 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
MEMORANDUM
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 Patdck 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 March 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
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, Iowa.
DISCUSSION
The attached Exhibit A shows the area of the proposed 10-foot wide utility easement to
be vacated.
Peter and Pamela Tdolo, 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 odginal 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
cerddor 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 headng 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 Patdck
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 Tdolo, Roger G. and Christine Klauer, and Patrick
and Kathleen M. Sullivan have petitioned to vacate the easement in said lots; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCILIOF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to dispose of its interest and
vacate the existing 10-foot wide utility easement over Lots 4 and 5 of C.J. Bies
Subdivision No. 2.
Sec'don 2. That the City Clerk be and is hereby authorized and directed to
cause a notice of intent to dispose to be published as prescribed under Section 364.7
Code of Iowa, 1999 or amended.
Passed, approved and adopted this
Attest:
Jeanne F. Schneider, City clerk
18th day of
February ,2002.
Terry M Duggan, Mayor
Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 11th Street, Dubuque, IA 52001-4864
RESOLUTION NO. 120-02
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
headng, published in the Telegraph Herald, a newspaper of general cimulation
published in the City of Dubuque, Iowa on day of February 22, 2002, the City Council of
the City of Dubuque, Iowa met on the 4th day of March, 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.
Attest:
Passed, approved and adopted this 4th day of March, 2002.
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, 5m 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 4th day of March, 2002.
Terrance M Duggan, Mayor
Jeanne F. Schnider, City Clerk
December 6, 2001
50 W. I3th Street
Dubuque, IA 52001
Attn: Mike Koch
Re: IIW Project No. 01773-01
Dear MSke:
Enclosed please find a copy of Exhibit "A" to vacate an existing 10-foot wide public utility
easemant on Lot 4 and Lot 5 of CJ. 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 [o vacate said easement, and return said cerfificalion to this office. Please call
if you have any questions or concerns.
Thank you for your time and cooperation.
Sincerely,
IIW ENGINE & SURVEYORS, P.C.
Thomas J. Oster, L.S.
encL Final P/at C.L Bies Sub No. 2 Inst. No. 178474) 1
Plat ofC.J. Bies Sub Imsk No. 7940
Enviroamental Eugi~ring
Mun~e/pal Engineering
Azehitecmval Engi~fing
Land Sm've~.4ag
Qmlity ~1 Testing
IIW Engineers & Su veyors, P.C.
Dubuque, IA Gat~nSm~ IA Hazel C'men, WI
INTEGRITY'. EXPERTISE SOLUTIONS.
· EXHIBIT-
VAOAIlON OF- EAs'F_fV~T ON
LOT ~- AND .5 OF'
C.J. t~IES SUSDIViS';ON NO.
> LOT 4-
'!-'
LOT 5
j /Z~ND
I ~ ."
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FINAL PLAT
LOT A AND LOTS 1, 2, 3, 4, AND '5; C.J. BtES SUBDIVISION NO. 2'
IN THE CiTY OF DUBUQUE, DUBUQUE' COUNTY, iOWA
Ok~CRIF,TI~N: IJ3'[S 1, 2, 3, 4, 5' S &7. BLO~ ~; LOT~, 5, S, 7, 8, ~ ,~ 10,
t *"g'- I
NORTH
lo~
2O0
DP. AWIN~ MAY HAVE B~..~N P, EDL~CED
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