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.
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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
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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.
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