Approval of Plat of Survey of Lot 7A in Buettel & Langworthy's AdditionCity of Dubuque
City Council Meeting
Consent Items # 21.
Copyrighted
February 21, 2022
ITEM TITLE: Approval of Plat of Survey of Lot 7A in Buettel & Langworthy's Addition
to the City of Dubuque, Dubuque County, Iowa For Disposition to Derald
A. Schrobilgen and Jean A. Schrobilgen
SUMMARY: City Manager recommending City Council adopt a resolution to approve
a Plat of Survey of Lot 7A in Buettel & Langworthy's Addition to the City
of Dubuque, Dubuque County, Iowa.
RESOLUTION Approving Plat of the Vacated Alley between Lot 1, Lot
2 and Lot 7 in Buettel & Langworthy's Addition to the City of Dubuque, to
be known as Lot 7A in Buettel & Langworthy's Addition to the City of
Dubuque, Dubuque County, Iowa
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
Approval of Plat of Survey Lot 7A in Buettel &
Langworthy's Addition-MVM Memo
Staff Memo
Resolution
Plat
Waiver
Area Map
City Manager Memo
Staff Memo
Resolutions
Supporting Documentation
Supporting Documentation
Supporting Documentation
THE CITY
DUOF
B TEE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
Dubuque
All -America City
IN
2007.2012.2013
2017*2019
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Approval of Plat of Survey of Lot 7A in Buettell & Langworthy's Addition to
the City of Dubuque, Dubuque County, Iowa
For Disposition to Derald A. Schrobilgen and Jean A. Schrobilgen
DATE: February 15, 2022
City Engineer Gus Psihoyos is recommending City Council adopt a resolution to approve
a Plat of Survey of Lot 7A in Buettell & Langworthy's Addition to the City of Dubuque,
Dubuque County, Iowa. The vacated alley between Lot 1, Lot 2, and Lot 7 in Buettell &
Langworthy's Addition to the City of Dubuque (part of property at common address 971
West Third Street in Dubuque) as requested by Derald A. Schrobilgen and Jean A.
Schrobilgen (Property Owners) needs to be platted in order to be conveyed to the
Schrobilgens.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITYF
DUijB- EE
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
Dubuque
AII•Ameriea City
-1x_II.
2007-2012-2013
2017*2019
FROM: Gus Psihoyos, City Engineer
SUBJECT: Approval of Plat of Survey of Lot 7A in Buettel & Langworthy's Addition to
the City of Dubuque, Dubuque County, Iowa
For Disposition to Derald A. Schrobilgen and Jean A. Schrobilgen
DATE: February 15, 2022
INTRODUCTION
This is in response to a request from the Derald A. Schrobilgen and Jean A.
Schrobilgen (Property Owners) for the disposal of the vacated alley between Lot 1, Lot
2 and Lot 7 in Buettel & Langworthy's Addition to the City of Dubuque (part of property
at common address 971 West Third Street in Dubuque).
BACKGROUND
The plat of Buettel and Langworthy's Addition was recorded in the Dubuque County
Courthouse on April 18,1891 in Plat Book 3 page 89. Derald A. Schrobilgen and Jean
A. Schrobilgen are the current owners of the West Half of Lot 1, Lot 2, and Lot 7 in
Buettel & Langworthy's Addition to the City of Dubuque. Jeffrey Gruber is the current
owner of the East Half of Lot 1 in Buettel & Langworthy's Addition to the City of
Dubuque. The original plat of Buettel and Langworthy's Addition included a 20' wide
alley between the original Lots 1, 2, and 7. The 20' wide alley was vacated by City
Resolution dated June 6, 1893, and filed as an ordinance on January 18, 1895, in Book
55 of Town Lots page 191-192 in the Dubuque County Recorder's Office. By said
ordinance, the City of Dubuque declared the alley vacated and annulled and for public
use and travel.
There are no clear records showing the disposal of the alley property by the City to any
adjoining property owner, but property records, including mortgages, show the alley
area has been assumed to be owned by the owners of Lots 1, 2, and 7 since 1896. The
current owners have occupied the vacated alley property for decades.
DISCUSSION
The current property owners of Lots 1, 2, and 7 have requested the conveyance of said
vacated alley to them to clear up the chain of title for their property. In order to clear up
the chain of title for the current owners of Lots 1, 2 and 7, the City has agreed to
dispose of the alley to one of the adjacent landowners by Quit Claim Deed. The City
plans to convey the entire vacated alley to Derald A. Schrobilgen and Jean A.
Schrobilgen as Jeffrey Gruber has waived any and all interest in title to said vacated
alley by the Waiver of Interest attached to this memo. The Schrobilgens will be
responsible for all public notice and recording fees.
The attached plat shows the vacated alley proposed to be conveyed to Derald A.
Schrobilgen and Jean A. Schrobilgen. The vacated alley area is described as Lot 7A in
Buettel & Langworthy's Addition to the City of Dubuque, Dubuque County, Iowa. The
vacated alley area needs to be platted in order to be conveyed to the Schrobilgens.
Schneider Land Surveying and Planning, Inc. has prepared the attached plat of survey.
RECOMMENDATION
I am recommending that the plat of survey of said vacated alley area be approved.
ACTION TO BE TAKEN
I respectfully request that the Plat of Survey of Lot 7A in Buettel & Langworthy's
Addition to the City of Dubuque, Dubuque County, Iowa, be approved through adoption
of the enclosed resolution.
Prepared by Nate Kieffer, PE/PLS
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13" Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13" Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 60-22
RESOLUTION APPROVING PLAT OF THE VACATED ALLEY BETWEEN LOT 1, LOT
2 AND LOT 7 IN BUETTEL & LANGWORTHY'S ADDITION TO THE CITY OF
DUBUQUE, TO BE KNOWN AS LOT 7A IN BUETTEL & LANGWORTHY'S ADDITION
TO THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque,
Iowa, a plat dated February 9, 2022 prepared by Schneider Land Surveying and Planning,
Inc., showing the vacated alley between Lot 1, Lot 2 and Lot 7 in Buettel & Langworthy's
Addition to the City of Dubuque, and assigned a lot number thereto, to be known as Lot
7A in Buettel & Langworthy's Addition to the City of Dubuque, Dubuque County, Iowa;
and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the plat dated February 9, 2022, prepared by Schneider Land
Surveying and Planning, Inc., relative to the real estate hereinabove described be and
the same is hereby approved, and the Mayor and City Clerk be and they are hereby
authorized and directed to execute said plat for and on behalf of the City of Dubuque,
Iowa.
Section 2. That the City Clerk be and is hereby authorized and directed to file
said plat and certified copy of this resolution in the office of the Recorder in and for
Dubuque County, Iowa.
Passed, approved and adopted this 215t day of February, 2022.
Attest:
Adrienne N. Breitfelder, City Clerk
RECORDER'S INDEX
LOCATION: THE VACATED ALLEY BETWEEN LOT i.
LOT 2 AND LOT 7 IN BUETTEL 6
LANGWORTHY'S ADDITION TO THE CITY
OF DUBUQUE. DUBUQUE COUNTY. IOWA
REDUESTOR: DERALD A. SCHROBILGEN &
JEAN A. SCHROBILGEN
PROPRIETOR: CITY OF DUBUQUE. IOWA
SURVEYOR: DAVID P. SCHNEIDER
SURVEYOR SCHNEIDER LAND SURVEYING
COMPANY: AND PLANNING.INC.
RETURN TO: DAVID P. SCHNEIDER
P.O.BOX 128 FARLEY.IOWA
Ph#563-744-3531 daves9yousq.net
I IIIIIII (IIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Doc ID: 010916360007 Type: GEN
Kind: SURVEY PLAT
Recorded: 02/23/2022 at 02:45:07 PM
Fee Amt: $37.00 Page i of 7
Dubuque County Iowa
John Murphy Recorder
File2022-00002581
PLAT OF SURVEY
LOT 7A IN BUETTEL & LANGWORTHY'S ADDITION
TO THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
THE VACATED ALLEY BETWEEN LOT 1. LOT 2 AND LOT 7
IN BUETTEL & LANGWORTHY'S ADDITION TO THE
CITY OF DUBUQUE. DUBUQUE COUNTY. IOWA
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hereby certify that this land surveying document was
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p DAVID P.
SCHNEIDER c -
J P14417
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P.O. Box 128
Farley, 56Iowa 52046
Ph# 3-744-3631
daveslyousq.net
Dav . Schneider P. .S. P14417 at .
�����.��
My license renewal date is December 31, 2023.
Pro ect: 2632ALLEY
Pages or sheets covered by this seal: THIS SHEET ONLY
Survey Date: S 20 2022
Sheet: 1 of 4
37,00
19 Dl Q C ity Engineer
Sheet 2 of 4
Proprietor:
City of Dubuque, Iowa
Survey Requested By:
Derald A. Schrobilgen and Jean A. Schrobilgen
SURVEY DESCRIPTION -
Lot 7A in Buettel & Langworthy's Addition to
the City of Dubuque, Dubuque County, Iowa
The vacated alley between Lot 1, Lot 2 and Lot 7 in Buettel & Langworthy's Addition to
the City of Dubuque, Dubuque County, Iowa, as shown on a City of Dubuque
Resolution vacating said alley dated June 6th' 1893, and filed as an Ordinance on
January 18,1895 in Book 55 Town Lots, Page 191-192 and more particularly
described as follows: Beginning at the northeast corner of Lot 1 in Buettel &
Langworthy's Addition to the City of Dubuque, Dubuque County, Iowa; thence
N79029'16"W, 87.00 feet to the northwest comer of Lot 2 in said Buettel &
Langworthy's Addition; thence N36051'04"E, 22.32 feet to the southwest corner of Lot
7 in said Buettel & Langworthy's Addition; thence S79029'16"E, 78.73 feet to the
southeast corner of said Lot 7; thence S15010'54"W, 20.07 feet to the point of
beginning, containing 1657 square feet.
This parcel is subject to easements, reservations, restrictions and rights of way of
record and not of record, the plat of which is attached hereto and made a part of this
certificate. All monuments were placed or shall be placed within 30 days from the date
this plat is recorded.
hereby certify that this land survey document was prepared and the related survey
work was performed by me or under my direct personal supervision and that I am a
dulv*66—fled Land SUrvL%r under the laws of the State of Iowa.
David P. Schneid r kt.S. P14417 Date:
My license renewal date is December 31, 2023. 410 ANo sG
Pages or sheets covered by this seal: Surveyor's Certificate Only
t44i DAVID P.
�<
Schneider Land Surveying & Planning, Inc. sc 41DER
P.O. Box 128 Farley, Iowa 52046 Job No. 2632alley
Phone: 563-744-3631 I00
Email: daves@yousq.net Date: 1/20/2022
Sheet 3 of 4
OWNER'S CONSENT
Dubuque, Iowa
gran a o 2022
The foregoing plat of Lot 7A in Buettel & Langworthy's Addition to the City of Dubuque, Dubuque
County, Iowa, is made with the free consent and in accordance with the desires of the undersigned
owner and proprietor of said real estate.
City of Dubuque, Iowa
B (a- av
Mayor of the y of Dubuque
4. j
Adrienne N. Breitfelder
Clerk of the City of Dubuque
State of Iowa )
) ss:
County of Dubuque )
On this <:� day of faJQMAc-,, 2022, before me, a Notary Public in and for the State of
Iowa, personally appeared Brad Cavanagh and Adrienne N. Breitfelder, to me personally known, and
who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of
Dubuque, Iowa; that the seal affixed to the foregoing instrument is the Corporate seal of the City of
Dubuque, Iowa, and that said instrument was signed and sealed on behalf of said City of Dubuque,
Iowa, by authority of the City Council of said City of Dubuque, and said Brad Cavanagh and Adrienne N.
Breitfelder acknowledged the execution of said instrument to be the voluntary act and deed of said City
of Dubuque, Iowa, by it voluntary executed.
TRI M L.
Commission Number719986 Notary Public in and for the State of Iowa
My Commission Expires My Commission Expires
CITY OF DUBUQUE PLANNING SERVICES
Dubuque, Iowa /— r11 / , 2022
The forgoing plat of Lot 7A in Buettel & Langworthy's Addition to the City of Dubuque, Dubuque
County, Iowa, being within the jurisdiction of the City of Dubuque, Iowa has been reviewed by the City
Planner, (or designee) of the City of Dubuque, Iowa, in accordance with the Ci of Dubuque Co�e'gF
Ordinances, and said approval has been endorsed herein on the date fir r en above. �/
CITY ASSESSOR
Dubuque, Iowa
Dubuque
The forgoing plat was entered of record in the office of the Dubuque City Assessor this
day of , 2022.
cam.---._.......
City As essor ubuque, to
Sheet 4 of 4
CITY COUNCIL
Dubuque, Iowa
2022
The undersigned, Mayor and Clerk of the City of Dubuque, Dubuque County, Iowa do hereby certify that
the foregoing plat of Lot 7A in Buettel $ Langworthy's Addition to the City of Dubuque, Dubuque
County, Iowa, has been filed in the Office of the Clerk of the City of Dubuque, Iowa and that by
Resolution No. 60- the Dubuque City Council approved said plat.
Brad Cavanag
Mayor of the City of Dubuque
Adrienne N. Breitfelder
Clerk of the City of Dubuque
State of Iowa )
) ss:
County of Dubuque )
r"
On this c:-R� day of �o-�Dr�c. ram, 2022, before me, a Notary Public in and for the State
of Iowa, personally appeared Brad Cavanagh and Adrienne N. Breitfelder, to me personally known, and
who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of
Dubuque, Iowa; that the seal affixed to the foregoing instrument is the Corporate seal of the City of
Dubuque, Iowa, and that said instrument was signed and sealed on behalf of said City of Dubuque,
Iowa, by authority of the City Council of said City of Dubuque, and said Brad Cavanagh and Adrienne N.
Breitfelder acknowledged the execution of said instrument to be the voluntary act and deed of said City
of Dubuque, Iowa, by it voluntary executed.
Gommission Number719986 Notary Public in and for the State of Iowa
-My Commission Fires My Commission Expires
la•13•a
COUNTY AUDITOR Gi
f
Dubuque, Iowa
The forgoing plat was entered of record in the office of the Dubuque County Auditor this
day of Te, . 2022. We approve of the subdivision name or title to bdicorded.
b
County Auditor of Dubu a ounty;?
COUNTY RECORDER
Dubuque, Iowa
The forgoing plat has been received by the Dubuque County Recorder this 23w� day of
FEBRUAR'i 12022.
Cou Recorder of D bu e C Iowa
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13"Street, Dubuque, IA 52001 (563) 589-4270
Retum to: Nate Kieffer, City of Dubuque, 50 W. 13"' Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 60-22
RESOLUTION APPROVING PLAT OF THE VACATED ALLEY BETWEEN LOT 1, LOT
2 AND LOT 7 IN BUETTEL & LANGWORTHY'S ADDITION TO THE CITY OF
DUBUQUE, TO BE KNOWN AS LOT 7A IN BUETTEL & LANGWORTHY'S ADDITION
TO THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque,
Iowa, a plat dated February 9, 2022 prepared by Schneider Land Surveying and Planning,
Inc., showing the vacated alley between Lot 1, Lot 2 and Lot 7 in Buettel & Langworthy's
Addition to the City of Dubuque, and assigned a lot number thereto, to be known as Lot
7A in Buettel & Langworthy's Addition to the City of Dubuque, Dubuque County, Iowa;
and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the plat dated February 9, 2022, prepared by Schneider Land
Surveying and Planning, Inc., relative to the real estate hereinabove described be and
the same is hereby approved, and the Mayor and City Clerk be and they are hereby
authorized and directed to execute said plat for and on behalf of the City of Dubuque,
Iowa.
Section 2. That the City Clerk be and is hereby authorized and directed to file
said plat and certified copy of this resolution in the office of the Recorder in and for
Dubuque County, Iowa.
Passed, approved and adopted this 215t day of February, 2022.
Brad M. av agh, Mayor
Attest:
Adrienne N. Breitfelder, City Clerk
CERTIFICATE of the CITY CLERK
STATE OF IOWA
SS:
COUNTY OF DUBUQUE )
I, Adrienne N. Breitfelder, City Clerk, 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. 60-22 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 February, 2022.
ez� /-/r A, 41"I'l,
Adrienne N. Breitfelder, ity Clerk
Dubuque
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DISCLAIMER: This information was compiled
sing the Dubuque Area Geographic Information System
(DAGIS), which includes data created by both the City of
Dubuque and Dubuque County. It is understood that, while
the City of Dubuque and participating agencies utilized the
most current and a«u ate information available, DAGIS and
Is suppliers do not warrant the accuracy or currency of the
Information or data contained herein. The City and participating
agencies shall not be held liable for any direct, Indirect, Incidental,
nsequential, punitive, or special damages, whether foreseeable or
uunforeseeable, arls Ing out of the authorized or unauthorized use of
this data or the Inability to use this data or out of any breach of
warranty whatsoever.
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50 West 13th Street
Dubuque, Iowa 52001
50 25 0 50 Feet Phone: (563) 589-4270
S Fax: (563) 589-4205