Disposition of Vacated Alley in Buettel & Langworthy's Addition_InitiateCity of Dubuque
City Council Meeting
Copyrighted
February 21, 2022
Items to be set for Public Hearing # 1.
ITEM TITLE:
Disposition of Vacated Alley in Buettel & Langworthy's Addition to the
City of Dubuque, Dubuque County, Iowa to Derald A. Schrobilgen and
Jean A. Schrobilgen
SUMMARY:
City Manager recommending that a public hearing be set for March 7,
2022, on 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) to
Derald A. Schrobilgen and Jean A. Schrobilgen, an adjacent landowner,
by Quit Claim Deed.
RESOLUTION Intent to dispose of city interest in 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
Receive and File; Adopt Resolution(s), Set Public Hearing for March 7,
DISPOSITION:
2022Suggested Disposition:
ATTACHMENTS:
Description
Type
Disposition of Vacated Alley
in Buettel & Langworthy's City Manager Memo
Addition-MVM Memo
Staff Memo
Staff Memo
Resolution
Resolutions
Notice of Hearing
Supporting Documentation
Plat
Supporting Documentation
Waiver
Supporting Documentation
Area Map
Supporting Documentation
THE CITY
DUOF
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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: Disposition of Vacated Alley in Buettell & Langworthy's Addition to the City
of Dubuque, Dubuque County, Iowa to Derald A. Schrobilgen and Jean A.
Schrobilgen
DATE: February 16, 2022
In response to a request from Derald A. Schrobilgen and Jean A. Schrobilgen to vacate
a portion of 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), City Engineer Gus Psihoyos recommends approval of the request to vacate
said alley to clear up the chain of title for the current property owners of Lots 1, 2, and 7,
and that a public hearing be set for March 7, 2022, on the disposal of this property to
Derald A. Schrobilgen and Jean A. Schrobilgen, an adjacent landowner, by Quit Claim
Deed.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Micliael C. Van Milligen
MCVM:sv
Attachment
CC' Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
THE CF
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TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Disposition of Vacated Alley in Buettel & Langworthy's Addition to the City
of Dubuque, Dubuque County, Iowa 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 a public hearing should be held on March 7, 2022, for the
disposition of the vacated alley in Buettel & Langworthy's Addition to the City of
Dubuque, Dubuque County, Iowa to Derald A. Schrobilgen and Jean A. Schrobilgen.
ACTION TO BE TAKEN
I respectfully request that a public hearing be held on March 7, 2022, for the for the
disposition of the vacated alley in Buettel & Langworthy's Addition to the City of
Dubuque, Dubuque County, Iowa, to Derald A. Schrobilgen and Jean A. Schrobilgen,
through adoption of the enclosed resolution.
Prepared by Nate Kieffer, PE/PLS
to Adrienne N. Breitfelder, City Clerk, City of Dubuque 50 W. 131h St. Dubuque, IA 52001
RESOLUTION NO. 62-22
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN 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, 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; and
Whereas, 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; and
Whereas, Jeffrey Gruber is the current owner of the East Half of Lot 1 in Buettel &
Langworthy's Addition to the City of Dubuque; and
Whereas, the plat of Buettel and Langworthy's Addition included a 20' wide alley
between the original Lots 1, 2, and 7; and
Whereas, said 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, and by said ordinance the City of Dubuque
declared said alley vacated and annulled and for public use and travel; and
Whereas, there is no clear record 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,
and the current owners have occupied the vacated alley property for decades; and
Whereas, said 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;
and
Whereas, 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; and
Whereas, 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 Waiver of Interest attached hereto; and
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.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to dispose of interest in Lot 7A in
Buettel & Langworthy's Addition to the City of Dubuque, Dubuque County, Iowa, to Derald
A. Schrobilgen and Jean A. Schrobilgen. Method of conveyance will be by Quit Claim
Deed.
Section 2. That a public hearing, and/or by virtual means, on the intent to dispose
of City interest in Lot 7A in Buettel & Langworthy's Addition to the City of Dubuque,
Dubuque County, Iowa, to Derald A. Schrobilgen and Jean A. Schrobilgen is hereby set
for the Ph day of March, 2022, at the Historic Federal Building, 350 W. 6th Street,
Dubuque, Iowa, beginning at 6:30 p.m., and the City Clerk be and is hereby authorized
and directed to cause a notice of public hearing on the intent to vacate said real estate to
be published in the manner as prescribed by law.
Passed, approved and adopted this 21st day of February, 2022.
Attest:
r
Adrienne N. Breitfelder, City Clerk
Brad . Cavanagh, Mayor
4
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa will
hold a public hearing on the 7t" day of March, 2022, at 6:30 p.m. virtually at which meeting
the City Council proposes to dispose of and convey the Vacated Alley in Beuttell &
Langworthy's Addition to the City of Dubuque, Dubuque County, Iowa, said real property
described as follows, to Derald A. Schrobilgen and Jean A. Schrobilgen:
All of the vacated alley between Lot 1, Lot 2 and Lot 7 in Beuttell & Langworthy's
Addition to the City of Dubuque, to be known as Lot 7A in Beuttell & Langworthy's
Addition to the City of Dubuque, Dubuque County, Iowa.
Due to the ongoing COVID-19 pandemic, the City Council will meet virtually through
GoToMeeting. The official agenda will be posted on February 25, 2022 and will contain
listening, viewing, and public input options. The City Council agenda can be accessed at
https:Hcityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City Clerk's
Office at 563-589-4100, ctyclerk(c�cityofdubugue.org.
Copies of supporting documents for the public hearing are on file in the City Clerk's Office,
City Hall, 50 W. 13t" St., Dubuque, Iowa. To comply with social distancing mandates,
documents can be viewed at https://www.cityofdubugue.org/Agendas or by contacting the
City Clerk's Office at 563-589-4100.
Written comments regarding the above public hearing should be submitted to the City
Clerk's Office, 50 W. 13t" St., Dubuque, IA 52001, ctyclerk cityofdubugue.org, on or
before said time of public hearing. At said time of public hearing all interested citizens and
parties will be given an opportunity to submit online written comments for or against said
proposal.
Individuals with limited English proficiency, vision, hearing or speech impairments or
requiring special assistance should contact the City Clerk's Office at (563) 589-4100,
TDD/TTY (563) 690-6678, ctyclerk(a)-cityofdubugue.org as soon as feasible. Deaf or hard -
of -hearing individuals can use Relay Iowa by dialing 711 or (800) 735-2942.
Published by order of the City Council given on the 21 st day of February, 2022.
Adrienne N. Breitfelder, City Clerk
RECORDER'S INDEX
LOCATION: THE VACATED ALLEY BETWEEN LOT 1.
LOT 2 AND LOT 7 IN BUETTEL &
LANGWORTHY'S ADDITION TO THE CITY
OF DUBUQUE. DUBUQUE COUNTY, IOWA
REGUESTOR: 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/563-744-3631 daves@yousq.net
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
LOT 1 OF SUBD. r
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I hereby certify that this land surveying document was SCHNEIDER
\004�\`LAND /11/6'' prepared and the related survey work was performed
�
\\ S, by me or under y rsonal supervision and that Land Surveying
y� G9 a my ce a La urveyor unff
der the laws of &
the Stat o Iow Planning, Inc.
6 DAVID P. < P.O. Box 128
SCHNEIDER = Farleyy Iowa 52046
J P14417 ' �ZZ Ph# 563-744-3631
Devi Schneider P. .S. P14417 tlaves@youaq.net
\\\` Project: 2632ALLEY
OWN \\� My license renewal date is December 31, 2023.
3.
0jpnimnipmoiinmml°p°\� Surve Date: 1 20 2022
Pages or sheets covered by this seal: THIS SHEET ONLY
Sheet: 1 of 4
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 corner 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 S79°29'16"E, 78.73 feet to the
southeast corner of said Lot 7; thence S15*10'54"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.
I 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.Afeflsed Land SUrv)Qor under the laws of the State of Iowa.
David P. Schneid6r P-t.S. P14417 Date: / /
My license renewal date is December 31, 2023. �10 �ANo '
Pages or sheets covered by this seal: Surveyors Certificate Onlyff
2 cwi DAVID P.
Schneider Land Surveying & Planning, Inc. J SC1441DER a
P.O. Box 128 Farley, Iowa 52046 Job No. 2632alley y 'V Phone: 563-744-3631 IOWp
Email: daves@yousq.net Date: 1/20/2022
Sheet 3 of 4
OWNER'S CONSENT
Dubuque, Iowa
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
Brad Cavanagh
Mayor of the City of Dubuque
Adrienne N. Breiffelder
Clerk of the City of Dubuque
State of Iowa )
) ss:
County of Dubuque )
On this day of 2022, before me, a Notary Public in and for the State of
Iowa, personally appeared Brad Cavanagh and Adrienne N. Breitelder, 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.
Breiffelder acknowledged the execution of said instrument to be the voluntary act and deed of said City
of Dubuque, Iowa, by it voluntary executed.
Notary Public in and for the State of Iowa
My Commission Expires
CITY OF DUBUQUE PLANNING SERVICES
Dubuque, Iowa
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 City of Dubuque Code of
Ordinances, and said approval has been endorsed herein on the date first written above.
Planning Services Department, City of Dubuque
City Planner
CITY ASSESSOR
Dubuque, Iowa
The forgoing plat was entered of record in the office of the Dubuque City Assessor this
day of 2022.
City Assessor of Dubuque, Iowa
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. the Dubuque City Council approved said plat.
Brad Cavanagh
Mayor of the City of Dubuque
Adrienne N. Breiffelder
Clerk of the City of Dubuque
State of Iowa )
) ss:
County of Dubuque )
On this day of , 2022, before me, a Notary Public in and for the State
of Iowa, personally appeared Brad Cavanagh and Adrienne N. Breiffelder, 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.
Breiffelder acknowledged the execution of said instrument to be the voluntary act and deed of said City
of Dubuque, Iowa, by it voluntary executed.
Notary Public in and for the State of Iowa
My Commission Expires
COUNTY AUDITOR
Dubuque, Iowa
The forgoing plat was entered of record in the office of the Dubuque County Auditor this
day of , 2022. We approve of the subdivision name or title to be recorded.
County Auditor of Dubuque County, Iowa
COUNTY RECORDER
Dubuque, Iowa
The forgoing plat has been received by the Dubuque County Recorder this day of
.2022.
County Recorder of Dubuque County, Iowa
Prepared by: David P. Schneider P.O. Box 128 Farlev Iowa 52046 Ph.565-744-3631
WAIVER OF ANY INTEREST IN THE OWNERSHIP AND FEES
ASSOCIATED WITH THE SALE AND TRANSFER OF A VACATED
ALLEY IN THE CITY OF QUBUQUE, IOWA
I, Jeffrey Gruber, live at 955 W. 3rd Street in Dubuque, Iowa 52001, which is adjacent to
the vacated public alley described as:
The vacated alley between Lot 1, Lot 2 and Lot 7 in Buettel and Langworthy's
Addition to the City of Dubuque, Dubuque County, Iowa.
I understand that I may be entitled to ownership of the portion of the vacated alley
described above. I am responsible for my portion of the purchase price of the land and
the costs associated with getting that portion of the vacated alley transferred into my
ownership.
I hereby waive my right and interest to all portions of the vacated alley described above
and encourage the City of Dubuque to transfer said vacated alley in its entirety to
Derald A. and Jean A. Schrobilgen, who reside at 971 W. 3rd Street in
Dubuque, Iowa 52001.
I further understand that by waiving my ownership in the vacated alley, I am not
responsible for any cost associated with the sale and transfer of the vacated alley
described above. I
Jeffrey
State of Iowa )
) ss:
County of Dubuque )
zoz2,
Dat
On this day of . 2022, before me, a Notary Public in and
for said State, personally appeare Jeffrey Gruber, to me personally known, who being
by me duly affirmed did say that he said, Jeffrey Gruber, acknowledged the execution of
said instrument to be his voluntary act and voluntarily executed.
J.(;Mc'r
0s,� �• �4CHNEIDERnmissbn Number 712891 N tary Public in the State of Iowa
Y Comm. Exp. CC7 4, 26,�%.
My Commission Expires 001- `, o` 0-?
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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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N Map Prepared by:
City of Dubuque
1 inch = 50 feet W E Engineering Division
50 West 13th Street
Dubuque, Iowa 52001
50 25 0 50 Feet Phone: (563) 589-4270
S Fax: (563) 589-4205