Vacate Storm Sewer and Sanitary Sewer Easement at 3225-3275 Pennsylvania Copyright 2014
City of Dubuque Items to be set for Public Hearing # 3.
ITEM TITLE: Vacate Storm Sewer and Sanitary Sewer Easement at
3225 and 3275 Pennsylvania Avenue
SUMMARY: City Manager recommending the City Council set a public
hearing for November 21, 2016 to vacate the storm and
sanitary sewer easement across Lot 1 and Lot 2 of Lange
Estate in the City of Dubuque.
RESOLUTION of Intent to vacate and dispose of City
interest in a Storm and Sanitary Sewer Easement over and
across Lot 1 and Lot 2 of Lange Estate (Originally platted
as Lot 1-2 of the Southwest'/4 of the Southwest '/4 of
Section 22, T89N, R2E) in the City of Dubuque, Dubuque
County, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s), Set Public Hearing for 11/21/16
ATTACHMENTS:
Description Type
Vacate Storm and Sanitary Sewer Easements at 3225 City Manager Memo
and 3275 Pennsylvania-MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Vacate E)hibit Supporting Documentation
Location Map Supporting Documentation
THE CITY OF Dubuque
DUB E 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 Storm Sewer and Sanitary Sewer Easement over Applewood IV
LLC and Dubuque Senior Housing IV, LLC Property at 3225 and 3275
Pennsylvania Avenue in Dubuque, Iowa
DATE: October 31, 2016
In 1963 a public utility easement was granted over an area including the properties at
3225 and 3275 Pennsylvania. At the time, this property was a farm owned by Arnold
Lange. In the past few months, the current owners have granted new water and sewer
easements specifically covering the existing utility locations.
Because new easements have been granted covering the existing utility locations, the
current owners are requesting that the City release the 1963 blanket utility easement so
that future development areas are not encumbered. The City has no plans for any
additional water or sewer main extensions in this area.
City Engineer Gus Psihoyos recommends the City Council set a public hearing for
November 21, 2016 to vacate the storm and sanitary sewer easement across Lot 1 and
Lot 2 of Lange Estate in the City of Dubuque.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
IV114^1
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF Dubuque
DUB E M- cn
11111f
Masterpiece on the Mississippi N107.,0„2.2013
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
T -
SUBJECT: Vacate Storm Sewer and Sanitary Sewer Easement over Applewood IV LLC and
Dubuque Senior Housing IV, LLC Property at 3225 and 3275 Pennsylvania Ave.
in Dubuque, Iowa
DATE: October 28, 2016
INTRODUCTION
This is in regards to the vacating of a storm and sanitary sewer easement across Lot 1 and Lot
2 of Lange Estate in the City of Dubuque.
DISCUSSION
In 1963 a public utility easement was granted over an area including the properties at 3225
and 3275 Pennsylvania. At the time, this property was a farm owned by Arnold Lange. A copy
of the original easement is attached as a reference. In the past few months, the current
owners have granted new water and sewer easements specifically covering the existing utility
locations. A map showing the extents of the original and new easements is attached as a
reference.
Because new easements have been granted covering the existing utility locations, the current
owners are requesting that the City release the 1963 blanket utility easement so that future
development areas are not encumbered. The City has no plans for any additional water or
sewer main extensions in this area.
The exhibit attached to the resolution shows the extents of the original storm and sanitary
sewer easement proposed to be vacated over and across Lot 1 and Lot 2 of Lange Estate in
the City of Dubuque.
RECOMMENDATION
I would recommend that the entirety of the original storm and sanitary sewer easement over
Lot 1 and Lot 2 of Lange Estate (originally known and platted as Lot 1 of Lot 2 of the SW '/ of
the SW '/ of Section 22, T89N, R2E) in the City of Dubuque 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 November 21, 2016.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and a public hearing should be
set for November 21, 2016 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: Kevin S. Firnstahl City Clerk City of Dubuque 50 W. 13th Street Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 381-16
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN A
STORM AND SANITARY SEWER EASEMENT OVER AND ACROSS LOT 1 AND
LOT 2 OF LANGE ESTATE (ORIGINALLY PLATTED AS LOT 1-2 OF THE
SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 22, T89N, R2E) IN THE CITY
OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Applewood IV LLC is the current owner of Lot 2 of Lange Estates (a
portion of the property originally platted as Lot 1-2 of the Southwest'/ of the Southwest
1/4 of Section 22, T89N, R2E) in the City of Dubuque, Dubuque County, Iowa; and
Whereas, Dubuque Senior Housing IV LLC is the current owner of Lot 1 of Lange
Estates (a portion of the property originally platted as Lot 1-2 of the Southwest'/ of the
Southwest'/ of Section 22, T89N, R2E) in the City of Dubuque, Dubuque County, Iowa;
and
Whereas, a storm and sanitary sewer easement was granted to the City in 1963
over Lot 1 and Lot 2 of Lange Estates (Originally Platted as Lot 1-2 of the Southwest'/
of the Southwest '/ of Section 22, T89N, R2E) according to deed record Bk. 181 Pg.
503 in the Dubuque County Recorder's Office; and
Whereas, the current property owners have granted neweasements covering the
existing locations of the water and storm sewer utilities across the properties; and
Whereas, the current owners are requesting that the City release the 1963
blanket utility easement so that future development areas within the properties are not
encumbered; and
Whereas, the City has no plans for any additional water or sewer main
extensions in this area.
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 storm and sanitary sewer easement across said Lot 1 and Lot 2 of Lange Estates
(Originally Platted as Lot 1-2 of the Southwest 1/4 of the Southwest 1/4 of Section 22,
T89N, R2E) in the City of Dubuque, Dubuque County, Iowa, as shown on the attached
Exhibit.
Section 2. 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 7th day of November, 216.
Attest:
Kevi
Firnstahl, Cit erk
Roy D. Buol, Mayor
NAE VACATE EXHIBIT DAGIS ,f
ELL000EAREA G:OG KAPIICIN aMa1-SY=.EH
Masterpiece on the Mississippi
METTEL LI KADDITION UTTER
LOT 3 FIELD
LOT 2 LOT 1 ROAD
LOT 8 LOT 7 LOT 6 LOT 5 LOT 4 BLK. 3
BLK. 3 BLK. 3 BLK. 3 BLK. 3 BLK. 3 BLK. 3 BLK. 3 R.O.W.
LOT 2
APPLEWOOD PLACE
LOT 2
APPLEWOOD PLACE
JFK
ROAD
R.O.W.
PENNSYLVANIA AVE. R.O.W.
DISCLAIMER:This Information was compiled
(sing the Dubuque Area Geographic Inform atlon System
DAGIS),a hid,Ind'dee data c_eatsd by bom me city of Map Prepared by:
Dcbcgc e and Dcbcgce Cocnty. It is cnd,stood that while 1 inch = 100 feet cit ofDubuque
th City Ofoabagaea'dpnicipbo,gags,dsatulzedme Y
most—r',t and amurate Information available,DAGIS and EASEMENT Engineering Division
t'sspp"esdonotwa ant thea=--yoi---cyofthe 100 50 0 100 Feet W E AREA TO BE VACATED so west 13th street
information or data contained herein.The city and pai_tlClpatinJ
agency shall not be held liable for any direct,Indirect,Incidental, Dubuque,Iowa 52001
"bn�gaential,b—ovs,or special damagss,whether farereeable or
o"seeable,arlslnp ost of me-thorlsed or cnacthoi-:d—of Phone:(563)589-4270
this data or me Inabwty to ass this data or oat of any breach of
warranty whatsosys Fax:(563)589-4205
GRANT AND EASEMENT
KNOW ALL MEN BY IMESE PRESENTS. 'UHAT IN CONSIDERATION OF' $1.00 IN HAND
PAID BY THE CITY OF' DUBUQUE, IOWA, A MUNICIPAL CORPORATION, THE RECEIPT
WHEREOF :S HEREBY ACANOWLEOGED, THS UNDERSIGNED BEING THE OWNER OF
LOT 1 OF LOT 2 OF THE S,W, 1�4 s_.W..J1E.C.LI�tT12 T89N _ R9E
IN THE CITY OF DUBUQUE HEREBY GRANTS AND CONVEYS '10 SAID CITY OF DUBUQUE,
A PERPETUAL RIGml OF EASEMENT, IN, OVER AND ACROSS SAID •I
LOT I OF LOT 2 OF THE S.W. 11II - S.I.I. 1/4 SECTION 22 T89N - R2E
FOR THE PURPOSE Or CO II STRUCT ING A FORTY-EIGHT INCH R .0.P. STORM SEWER
AND FUTURE SANITARY SEWER
WITH THE RIGHT 70 GO UPON SAID PREMISES AT ALL REASONABLE TIMES FOR THE
PURPOSE OF I1,13PECTING AND REPAIRING THE SAME'WHEN INSTALLED: PROVIDED
HOWEVER VkA.T SAID CITY OF DUBUQUE SHALL REPLACE WHATEVER EARrH A40 X7aD'
'rMAI MAY BE DISTURBED IN THE INSTALLATION OR REPAIR OF SAID
FORTY-EIGHT INCH R.C.C.P. STOR11 SC14ER AND SANITARY SEWER
TO AS GOOD CON017ION AS IT WAS IN BEFORE THE SAME WAS DISTURBED,
'rHiS GRANT' Or E.ASEMENr SHALL BE BINDING UPON THE UNDERSIGNED, ITS PUR-
CHASERS AND ASSIGNS FOREVER. 1(4
J
STA'T'E OF !O41A SS ARNOLD C. LANGE AND MRS. AR:IOL C.. LANGE
tougrY OF ouauQLE)
ON TH15 _ 'DAY OF A,D., 19�j j , BEFORE
ME/�AA NOTARY PUBLIC' IN AND FOR DUBUQQ UE COUNTY, IOWA, PERSONALLY APPEARED .mak
�' ff�/� cZ C or
„N�KNOWN TO BE rHE IDENTICAL PERSONS NAMED IN AND WHO EXECUTED THE
' :���\��..•TF'�r{H�"OI;1G INSTRUMENT, AND ACKNOWLEDGED THAT THEY EXECUTED THE SAME AS
THE I'd.�6DGUNT ARY ACT AND DEED.
AV
_ - 3761
•,,,..•':.S`4,P FILED FOR CECORD NOf ARY PUBLIC IN AND FOR SA IO_COUNTY
' %rt HN L. 1411TE
1 : 1963
'Al /3e
MATT M.ROHNER.ReCo(def
IJtIPU(TUE CO.,IOWA 181
p f
fAGEJi11J
NAE LOCATION MAP DAGIS
ELB000E AREA G aGaao.IC INFER-1—=v„EH
Masterpiece on the Mississippi
71
1836 1838 1840 1842 1844 1846 1850 1852 �ti 1860 1862 1864 � 1866
ANNE
LOT 1 LANCE
Ilk Covered by
1963
Sanitary Easement LOT 2 LANG. I �
and Easement Area ESTATE 3225 � 3175
to be Vacated New Storm Sewer
Easement
3301
W-0
ry r Easement
mommummummommommoommoMILEMMOMMEMMEMMO
Existing Sanitary 1694 � y1s94
- Sewer Main 1693 e I
1690 3280 3276 3270 3260
iq
1671 1674 1675 1670
Dubuque County Assessor, City of Dubuque Assessor
DISCLAIMER:This Information was compiled
(sing the Dubuque Area Geographic InformatI on System
DAGIS),wdb on Includes data created by both me cIt of N Map Prepared by:
Dubuque and Dubuque count. It Is understood mat,while
An city of Dobogoe and participating agencies utilised the City of Dubuque
most currentand amurate Information available,DAGIS and 1 inch = 100 feet Engineering Division
Its suppliers do not warrant the accuracy or currency of the
Information or data contained herein.The city and participating 50 West 13th Street
agencies shall not be held cable for any direct,Indirect,Incidental, Dubuque,Iowa 52001
mnsmquential,punitroe,or special damages,whether foresmeable or
unforeseeable,arising out of me authorized or unauthorized use of 100 50 0 100 Feet Phone:(563)589-4270
this data or the Inability to usre this data or out of any breach of
warranty whatsoever S Fax:(563)589-4205