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Vacate Storm Sewer and Sanitary Sewer Easement at 3225-3275 Pennsylvania Avenue_Applewood IV Copyright 2014 City of Dubuque Public Hearings # 2. ITEM TITLE: Vacate Storm Sewer and Sanitary Sewer Easement at 3225 and 3275 Pennsylvania Avenue SUMMARY: Proof of publication on notice of public hearing to approve the vacate of a storm and sanitary sewer easement across Lot 1 and Lot 2 of Lange Estate (3225 & 3275 Pennsylvania Avenue) and the City Manager recommending approval. RESOLUTION Disposing 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) ATTACHMENTS: Description Type Applewood IV Vacate Storm and Sanitary Sewer City Manager Memo Easement-MVM Memo Staff Memo Staff Memo 1963 Easement Supporting Documentation Location Map Supporting Documentation Resolution Resolutions Vacate E)hibit Supporting Documentation Release of Easement-Applewood Lot 2 Supporting Documentation Vacate E)hibit Supporting Documentation Release of Easement- Dbq Senior Housing IV Lot 1 Supporting Documentation Vacate E)hibit Supporting Documentation Proof of Publication 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 and Sanitary Sewer Easement over Lot 1 and Lot 2 of Lange Estate —Applewood IV LLC (3275 Pennsylvania Road) and Dubuque Senior Housing IV LLC (3225 Pennsylvania Road) Properties in Dubuque, Iowa DATE: November 15, 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 approve a resolution vacating 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 Engineering Department Ott Atst�riaG 50 W. 13`h Street UU Dubuque,Iowa 52001 l 1111 ` Office(563)589-4270 Fax(563)589-4205 Masterpiece on the Mississippi 2012 www.cityofdubuque.org TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Vacate Storm and Sanitary Sewer Easement over Lot 1 and Lot 2 of Lange Estate —Applewood IV LLC (3275 Pennsylvania Rd.) and Dubuque Senior Housing IV LLC (3225 Pennsylvania Rd.) Properties in Dubuque, Iowa DATE: November 10, 2016 INTRODUCTION This is in response to a request by Applewood IV LLC and Dubuque Senior Housing LLC for the vacating of a storm and sanitary sewer easement 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, in the City of Dubuque, Iowa. 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 storm and sanitary sewer easement granted to the City in 1963 over Lot 1 and Lot 2 of Lange Estates in the City of Dubuque as indicated on the attached Exhibit be vacated to each of the respective property owners. ACTION TO BE TAKEN I respectfully request approval of the attached Resolution vacating said easement and authorizing the Mayor to execute and deliver the attached Release of Easement to Applewood IV LLC and the attached Release of Easement to Dubuque Senior Housing LLC. Prepared by Nate Kieffer, PLS 2 i I . i GRANT AND F.ASEhENT KNOW ALL MEN DY THESE PRESENT'S: 'THA'T IN CONSIDERATION OF' $1,00 IN HAND PAID BY 'THE' CITY OF DUBUQUE, IOWA, A MUNICIPAL CORPORATION, THE RECEIPT WHEREOF IS HEREBY ACKNOWLEDGED, THE UNDERSIGNED BEING THE OWNER OF LOT 1 OF LOT 2 OF THE S.W. 1/4 - S.W._1JE_C.Ll9N_22 T89N - R2F IN THE CITY OF DUBUQUE HEREBY GRANTS AND CONVEYS TO SAID CITY OF DUBUQUE, A PERPETUAL, RIGHT OF EASEMENT, IN, OVER AND ACROSS SAID a LOT 1 OF LOT 2 OF THE S.W. 114 - S.W. 1/4 SECTION 22 T89N - R2E FOR THE PURPOSE OF' CONSTRUCTING A FORTY-EIGHT INCH R.C.C.P. STORM SEWER AND FUTURE SANITARY SEWER WITH THE RIGHT To GO UPON SAID PREMISES A'T ALL REASONABLE TIMES FOR THE PURPOSE OF INSPECTING AND REPAIRING THE SAME WHEN INSTALLED: PROVIDED HOWEVER THAT SAID CITY OF DUBUQUE SHALL REPLACE WHATEVER EARTH ANOX90(G 'THAT MAY BE DISTURBED IN THE INSTALLATION OR REPAIR OF SAID FORTY-EIGHT INCH R.C.C.P. STORM SEWER AND SANITARY SEWER TO AS GOOD CONDITION AS IT WAS IN BEFORE THE SAME WAS DISTURBED, THIS GRANT' OF EASEMENT SHALL BE BINDING UPON THE UNDERSIGNED, ITS PUR- CHASERS AND ASSIGNS FOREVER. AIL ARNOLD C. LANCE AND MRS. A,RNOL C. LANGE STATE OF !041A SS MINTY OF OUBUQLE) ON THIS _ J 'DAY OF _ GC.T.0 t^r , M. 19�, BEFORE ME A NOTARY PUBLIC IN AND FOR DUBUQUE COUNTY, IOWA, PERSONALLY APPEARED '/N�E�,KNOWN 70 BE THE .IDENTICAL PERSONS NAMED IN AND WHO EXECUTED THE Ij'Ir¢'QI:TJG INSTRUMENT, AND ACKNOWLEDGED THAT THEY EXECUTED THE SAME AS THE i.1t-VV UNTARY ACT AND DEED. 'x �05 L'7_7C7 37612 T�'•......• 'Sw� FLED FOR RECORD I6bh ARY PUBLIC N AND FOR SAID COUNTY 1I ti ) /JHN L. WHITE DEC 1 i 1963 / AT /3e ?M MAT M.ROHNER.Recorder DUI:000E CO.,IOWA i{ _-es 181 PAGE 503 �� 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 Prepared by: Returned to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 399-16 RESOLUTION DISPOSING 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 3/4 OF SECTION 22, T89N, R2E) IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, 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 the 11th day of November, 2016, the City Council of the City of Dubuque, Iowa met on the 21st day of November, 2016, at 6:00 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, to consider the disposal of City interest in a storm and sanitary sewer easement granted to the City in 1963 over 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) according to deed record Bk. 181 Pg. ,503 in the Dubuque County Recorder's Office, said real estate as shown on the attached exhibit labelled "Easement Vacate Exhibit" and described as: Lot 1 and Lot 2 of Lange Estate in the City of Dubuque, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to dispose of City interest in said easement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the release of City of Dubuque interest in the storm and sanitary sewer easement granted to the City in 1963, as found in deed record Bk. 181 Pg. 503 in the Dubuque County Recorder's Office, over Lot 2 of Lange Estate, in the City of Dubuque, as shown on the attached Easement Vacate Exhibit, to Applewood IV LLC is approved. That the release of City of Dubuque interest in the storm and sanitary sewer easement granted to the City in 1963, as found in deed record Bk. 181 Pg. 503 in the Dubuque County Recorder's Office, over Lot 1 of Lange Estate, in the City of Dubuque, as shown on the attached Easement Vacate Exhibit, to Dubuque Senior Housing IV LLC is approved. 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 Applewood IV LLC. 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 Dubuque Senior Housing IV LLC. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution and the Release of Easement to Applewood IV LLC and the Release of Easement to Dubuque Senior Housing IV LLC in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 21st day of November, 2016. Attest: Kevin S(Firnstahl MCClerk oy D. Buol, Mayor Doc ID: 008552820007 Type: GEN Kind: RELEASE OF EASEMENT Recorded: 11/23/2016 at 12:00:58 PM Fee Amt: $37.00 Page 1 of 7 Dubuque County Iowa John Murphy Recorder F11e2016-00015822 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RELEASE OF EASEMENT 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 1/4 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 new easements 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, for good and valuable consideration, the undersigned, City of Dubuque, Iowa, does hereby forever release, vacate, abandon and discharge that portion of the storm and sanitary sewer easement granted to the City in 1963, as found in deed record Bk. 181 Pg. 503 in the Dubuque County Recorder's Office, over Lot 1 of Lange Estate, in the City of Dubuque, as shown on the attached Easement Vacate Exhibit to Dubuque Senior Housing IV LLC. 0.131.00 Passed, approved and adopted this 21st day of Nove er, 2016. Roy D. Buol, Mayor Attest: 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 Prepared by: Returned to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 399-16 RESOLUTION DISPOSING 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, 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 the 11th day of November, 2016, the City Council of the City of Dubuque, Iowa met on the 21st day of November, 2016, at 6:00 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, to consider the disposal of City interest in a storm and sanitary sewer easement 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, said real estate as shown on the attached exhibit labelled "Easement Vacate Exhibit" and described as: Lot 1 and Lot 2 of Lange Estate in the City of Dubuque, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to dispose of City interest in said easement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the release of City of Dubuque interest in the storm and sanitary sewer easement granted to the City in 1963, as found in deed record Bk. 181 Pg. 503 in the Dubuque County Recorder's Office, over Lot 2 of Lange Estate, in the City of Dubuque, as shown on the attached Easement Vacate Exhibit, to Applewood IV LLC is approved. That the release of City of Dubuque interest in the storm and sanitary sewer easement granted to the City in 1963, as found in deed record Bk. 181 Pg. 503 in the Dubuque County Recorder's Office, over Lot 1 of Lange Estate, in the City of Dubuque, as shown on the attached Easement Vacate Exhibit, to Dubuque Senior Housing IV LLC is approved. 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 Applewood IV LLC. 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 Dubuque Senior Housing IV LLC. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution and the Release of Easement to Applewood IV LLC and the Release of Easement to Dubuque Senior Housing IV LLC in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 21st day of November, 2016. Attest: Kevin S'Firnstahl dMC"ri y Clerk oy 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 CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 399-16 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 22nd day of November, 2016. '/4moi 131 Kevin (S. Firnstahl, CM , City Clerk 11 11 m 10 mi IID IID 0 u u Doc ID 008552830007 Type GEN Kind: RELEASE OF EASEMENT Recorded: 11/23/2016 at 12:01:23 PM Fee Amt: $37.00 Page 1 of 7 Dubuque County Iowa John Murphy Recorder Fi1e2016-00015823 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RELEASE OF EASEMENT Whereas, Applewood IV LLC is the current owner of Lot 2 of Lange Estate (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 new easements 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, for good and valuable consideration, the undersigned, City of Dubuque, Iowa, does hereby forever release, vacate, abandon and discharge that portion of the storm and sanitary sewer easement granted to the City in 1963, as found in deed record Bk. 181 Pg. 503 in the Dubuque County Recorder's Office, over Lot 2 of Lange Estate, in the City of Dubuque, as shown on the attached Easement Vacate Exhibit to Applewood IV LLC. 043700 Passed, approved and adopted this 21st day of Novem •- r, 2016 Roy D. Buol, Mayor Attest: ',41110r Ar Kevin S. Fri stahl CMC, City - erk 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 Prepared by: Returned to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 399-16 RESOLUTION DISPOSING 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, 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 the 11th day of November, 2016, the City Council of the City of Dubuque, Iowa met on the 21st day of November, 2016, at 6:00 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, to consider the disposal of City interest in a storm and sanitary sewer easement granted to the City in 1963 over 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) according to deed record Bk. 181 Pg. ,503 in the Dubuque County Recorder's Office, said real estate as shown on the attached exhibit labelled "Easement Vacate Exhibit" and described as: Lot 1 and Lot 2 of Lange Estate in the City of Dubuque, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to dispose of City interest in said easement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the release of City of Dubuque interest in the storm and sanitary sewer easement granted to the City in 1963, as found in deed record Bk. 181 Pg. 503 in the Dubuque County Recorder's Office, over Lot 2 of Lange Estate, in the City of Dubuque, as shown on the attached Easement Vacate Exhibit, to Applewood IV LLC is approved. That the release of City of Dubuque interest in the storm and sanitary sewer easement granted to the City in 1963, as found in deed record Bk. 181 Pg. 503 in the Dubuque County Recorder's Office, over Lot 1 of Lange Estate, in the City of Dubuque, as shown on the attached Easement Vacate Exhibit, to Dubuque Senior Housing IV LLC is approved. 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 Applewood IV LLC. 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 Dubuque Senior Housing IV LLC. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution and the Release of Easement to Applewood IV LLC and the Release of Easement to Dubuque Senior Housing IV LLC in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 21st day of November, 2016. (9( oy D. Buol, Mayor Attest: 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 CERTIFICATE of tfie CITY CLERK STATE OF IOWA SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 399-16 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 22nd day of November, 2016. 1111,1.716"7 T Kevi . Firnstahl, C , City Clerk STATE OF IOWA {SS: DUBUQUE COUNTY a CERTIFICATION OF PUBLICATION N i I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: November 11, 2016, and for which the charge is $55.00. ii 4 ' Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this /aO day of s � r/ , 20 Notary Public in and for Dubuque County, Iowa. ii I' STERMEYEIR i "^�. _ & Commission Number 154885 4 My COMM. Exp E...,, 1,2017 � H n 9 k g s OF,THE SOUTHWEST CITY OF DUBUQUE, IW OF THE SOUTH- OFO II IALIOWA NOTIC,E. WEST'/°OF SECTION PUBLIC NOTICE.'is 22,T89N,R2E)IN THE CITY OF DUBUQUE, hereby given that.the DUBBUQUE `COUNTY„ ! City Council of the City IOWA. of Dubuque, Iowa, will Whereas,Applewood hold a public hearing IV,LLC is the current on the 21st day of"No- owner of Lot 2 of Lange vember, 2016 at 6:00 ! e=states (a portion of P.m. in the Historic the property originally Federal Building, 350 platted as Lot 1-2 of West 6th Street, sec- the Southwest 1/4 of the and floor,Dubuque,10- Southwest '/a of Sec-' 66' wa, at which meeting tion 22, T89N, R2E) in the City Council pro- the:City of Dubuque, poses to dispose of an Dubuque County,Iowa; interest in the follow and ing described ."real Whereas, Dubuque property 'easement to' Senior Housing IV LLC Dubuque.senior Hous- is the current owner of Ing IV LLC. Lot l of Lange Estates Lot 2 of Lange Estates (a;portion of the prop- (A portion of the prop- erty originally platted erty originally platted as Lot 1,2 of the South as Lot 1-2 of the South- west 1/4 of the South- west 1/4 of the South- west Ya ofSection 22, 1 west Ya of Section 22, T89N, R2E),in the City T89N, R2E) in the City _of. Dubuque,, Dubuque t, of Dubuque, Dubuque County,Iowa;and County, Iowa (locally Whereas,a storm and known as 3225 and `sanitary sewer ease- 3275 PennsylvamaAve Yhent was,grantedto nue) . the City'in 1963 over At the meeting, the ! Lot 1 and Lot 2 of City Council will re- Lange Estates ,(Origi- ceive oral and written nally Platted as Lot 1.2 1 comments from any ;of the Southwest Ya of resident or property owner of said City to the Southwest , of Section 22,T$9N, R2E) u the above action. Writ- according to deed re- ten comments regard- cord Bk.181 Pg.503 in ing the above public the Dubuque County hearing may be sub- Recorder's Office;and mitted to the City Whereas,the current Clerk's Office, City! property'owners have Hall,5o;,W.13th Street, granted 'new ease- I on or,before said time ments covering the ex- of public hearing !sting locations of the Copies of V, supporting water and storm sewer documents for the pub- utilities across the h lid hearings are on fileproperties;and in the.,City.,.Clerk's Of Whereas,the current fice,-and °•may be owners are requesting 11 viewed during normal that the City release working hours. the 1963 blanket utility Any visual or hearing easement so th it'fu impaired persons ture devel0pment needing special-assis areas within the prop tance or persons with;, erties are not encum- special accessibility bered;and west 1/4 of Section 22,' needs should 'contact Whereas,the City has T89N, R2E) in the City' the City Clerk's Office no plans for any addi- of Dubuque, Dubuque at'(563) 589-4100 or tional water or:sewer County, Iowa, as TTY 563) 590-6678 at- ! main extensions in this shown on the attached ', d least 48 hours prior to ! area. Exhibit. the meeting NOW THEREFORE,BE Section 2. That the ! Dated this 11th,day of ! IT RESOLVED BY THE City Clerk be and is No €nhe0S�2(116.�i CITY COUNCIL OF THE hereby authorized and a\IK� WS.CrDstabl, !, CITY OF DUBUQUE, 10- , directed to causea no, ' ;TnJ %2,CW?C4tYclerk WA: tice of intent to dis- 'TIO WESOLIUMNI , Section 1. That the ITIHW'N'03B&V'%6 City of Dubuque, in- pose of said int the RESOLUTION OF IN m *tends to vacate and manner as prescribed be published in n .the TENT: �TWP. VACATE dispose of its interest by law. AiNO ANDISPOSE OF in the storm and sani- Passed,approved and CITY INTEREST IN A tary sewer easement adopted this 7th day of STORM�AND-SANITA- across said Lot 1 and November,2016. RY `SEWER'' EASE- Lot 2 of Lange Estates RoyD.Buol,Mayor' MENT OVER AND (Originally Platted as Attest:Kevin S. ACROSS LOT 1 AND Lot 1-2 of the South- Firnstahl,City Clerk LOT 2 OF LANGE ES- west '/a of the South- it 11/11 TATE (ORIGINALLY PLATTED AS LOT.1-2 I 1. i i