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Disposition of Vacated Alley in Buettel & Langworthy's Addition to Derald A. Schrobilgen and Jean A. Shcrobilgen_HearingCity of Dubuque City Council Meeting Public Hearings # 1. Copyrighted March 7, 2022 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: Proof of publication on notice of public hearing to consider City Council adopt a resolution disposing of Lot 7A in Buettel & Langworthy's Addition to the City of Dubuque, Dubuque County, Iowa, to Derald A. Schrobilgen and Jean A. Schrobilgen, and City Manager recommending approval. RESOLUTION Disposing of city interest in 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 Disposition of Vacated Alley in Buettel & Langworthy's City Manager Memo Addition-MVM Memo Staff Memo Resolution Quit Claim Deed Plat Area Map Set Public Hearing Resolution Staff Memo Staff Memo Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation THE C Dubuque DUjIBQTE WAWca 914 Masterpiece on the Mississippi YP pp aoo�•o 13 zai7*20*�oi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager 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: March 1, 2022 City Engineer Gus Psihoyos is recommending City Council adopt a resolution disposing of Lot 7A in Buettel & Langworthy's Addition to the City of Dubuque, Dubuque County, Iowa, to Derald A. Schrobilgen and Jean A. Schrobilgen. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer THE CF Dubuque " DU�j--B E All•Merlw Bid ti r Master iece on the Mississippi p pp zoa�.*o 13 zoi720zoi9 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 21, 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. The City Council approved the platting of the Lot 7A at its February 21, 2022, meeting. A copy of the recorded plat of survey is attached to this memo. RECOMMENDATION I am recommending the disposal of Lot 7A 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 the disposal of Lot 7A in Buettel & Langworthy's Addition to the City of Dubuque, Dubuque County, Iowa, to Derald A. Schrobilgen and Jean A. Schrobilgen, be approved through the adoption of the enclosed resolutions. Prepared by Nate Kieffer, PE/PLS Prepared by: Nate Kieffer City of Dubuque 50 W. 13th Street Dubuque Iowa (563) 589-4270 Returned to: Adrienne Breiffelder, City Clerk, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589- 4100 RESOLUTION NO. 76-22 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 7A IN BUETTEL & LANGWORTHY'S ADDITION TO 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 25th day of February, 2022, the City Council of the City of Dubuque, Iowa met by virtual means on the 7th day of March, 2022, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 7A in Buettel & Langworthy's Addition to the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the conveyance of City of Dubuque real property described as Lot 7A in Buettel & Langworthy's Addition to the City of Dubuque, Dubuque County, Iowa, to Derald A. Schrobilgen and Jean A. Schrobilgen be and the same is hereby approved. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Derald A. Schrobilgen and Jean A. Schrobilgen. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 7'h day of March. 2022. Attest: Adrienne N. Breitfelder, City Clerk Doc ID: 010923840005 Type: GEN Kind: DEED WITH RESOLUTION Recorded: 03/10/2022 at 02:49:47 PM Fee Amt: $32.00 Page i of 5 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder File2022-00003240 Prepared by: Crenna Brumwell 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 Return to: Crenna Brumwell 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 SPACE ABOVE THIS LINE FOR RECORDER Tax statement to: Derald A. Schrobilgen and Jean A. Schrobilgen 971 West 31d Street Dubuque, Iowa 52001 QUIT CLAIM DEED For the consideration of One Dollar and other valuable consideration, the City of Dubuque, Iowa does hereby Quit Claim to Derald A. Schrobilgen and Jean A. Schrobilgen, all its right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa: Lot 7A in Buettel & Langworthy's Addition to the City of Dubuque, Dubuque County, Iowa Exempt: Iowa Code § 428A.2(6) Deed in which a political subdivision of the state of Iowa is the grantor Dated: mark n ? 2022 Attest: CITY OF DUBUQUE, IOWA Brad M. C gh, Mayor k�- . � /�- &4M� - Adrienne N. Breitfelder, Ci y Clerk hod �pBQCitylogin eer STATE OF IOWA, DUBUQUE COUNTY, ss: On this � day of 2022, before me a Notary Public in and for said County and said State, personally appeared Brad M. Cavanagh and Adrienne N. Breitfelder, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk respectively, of the City of Dubuque, Iowa; that said instrument was signed on behalf of said City of Dubuque by authority of Resolution No. 76 - 22 and that the said Brad M. Cavanagh and Adrienne N. Breitfelder as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. TRISH L. GLEASON a Commission Number 7199M � ' �� My Commission Expires � l I --rr Notary public Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 Returned to: Adrienne Breitfelder, City Clerk, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589- 4100 RESOLUTION NO. 76-22 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 7A IN BUETTEL & LANGWORTHY'S ADDITION TO 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 25th day of February, 2022, the City Council of the City of Dubuque, Iowa met by virtual means on the 7th day of March, 2022, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 7A in Buettel & Langworthy's Addition to the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the conveyance of City of Dubuque real property described as Lot 7A in Buettel & Langworthy's Addition to the City of Dubuque, Dubuque County, Iowa, to Derald A. Schrobilgen and Jean A. Schrobilgen be and the same is hereby approved. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Derald A. Schrobilgen and Jean A. Schrobilgen. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 7t" day of March, 2022. r Brad NECbvanagh, 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. 76-22 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 10th day of March, 2022. x A4�Y4 - 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 NOaj5 1pN� LOT 1 OF SUBD. 376. SOV 6 MINERAL2LOT ss 9FC SEC . 25, T89N, R2E ti OZ 6 40. e l OGpOIZ JON P , O NW CORNER J ` 'iy`S' ' t�`9`'0 LOT 7. �P BUETTEL & t), LANGWORTHY'S o ^�ADDITION NE CORNER m N 00 F :3 UND 5/B" LOT 7. N OP Q`' •�, E / BUETTEL & QH 3Q0 o �i�'•oP AP #12 LANGWORTHY'S 0 SO0o� s ` hti (TYP.) ADDITION / w ~ m O�ES�P NY `ANp oIjZON FOUND 5/8" �� GARAGE REBAR w/ CAP s ^ N #1263! e aj SW FOUND Q � � � v LOTC7. BUE EL & LOT 7, m 1-1/2" LANGWORTHY' LANGWORTHY'S Q °� n�j •pQ:n N ADDITION PIPE ADDITION �p h FOUND MAG NAIL v� z ON FACE OF ROCK Q •� WALL (TYP.) S15'10'54"W 0 O Q�; _ VACATEp gLLEY S79•29 is' 79, 9.69' 1.68, N GATING .E :h~ AN THI (20 .� 78. 7O ORDINANCE 0 ALLEY DATES CITY 3, BURGH -2, �O DF S N jANUggY ED JUNE 8 OUBUpUE RESOLUTION SUBDIVISION 281895 1893 6.22 SG7 FTPgcE jg1_Ig2. B0 55 DpWN 16S7o LOTS 1.79 _ _ OT - :�%9 •.16 �P� 37• SUBDIVISION I' w 87.0 . �/ 10.24' PAP S 24. s15 0 of 4"W 88 . 2 a FOUND 1/2" FOUND 3/4" En REBAR PIPE (TYP.) v O ' P. 0. B. a Q > NE CORNER. LOT 1. a ti } BUETTEL &cc CD FOUND MAG �� SE 6• g Q ti �3 z LANGWORTHY ' S O��WoasNON "�io 0 0o ADDITION NAIL ON FACE OF LpNp00ijj , ��ti w �Q~ FOUND 1/2" REBAR ROCK WALL �~�a w r ''o w/ YELLOW CAP O #14417 (TYP.) w cc�� 3 �/ ' J Wj O1 2,1- B-AON 0 ISZpN GEos�6 co i a w hereby certify that this land surveying document was MIDEA �\\\�.ANuO ��,� prepared byemeror underheyrelated su�gonalosuperk rvisioncanddthat Land Surveying ��jeffil ,9L% my ce a La urveyor under the laws of & �- the Stat o Iow Planning. Inc . p DAVID P. SCHNEIDER c - J P14417 '� ��Z 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 THE CITY OF Insert Title AItAm� Clt�jclry DUB E 11111.' Masterpiece on the Mississippi Insert Subtitle 2017*2oi9 343 J e 370 364 ..*_ 350 338 ; 320 \ a �3t r r, i 1W 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. law 409 398, Q i 395 - \ 385 41 t t t 901 - 955 Room — meow 88 968 ► t J u� . 96E 96E gQQ Cit of Dubuque Office of GIS City of Dubuque, IA 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 Prepared by Nate Kieffer City of Dubuque Engineering 50 W. 1311' St. Dubuque, IA 52001 Return to Adrienne N. Breitfelder, City Clerk, City of Dubuque 50 W. 13th 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 7th 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 21$t day of February, 2022. Attest: Adrienne N. Breitfelder, City Clerk Brad . Cavanagh, Mayor Pa 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 STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, 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: 02/25/2022 and for which the charge iss992.04 i T Subscribed to before m , a Notary Pubis ' and for Dubuque County, Iowa, this 25th day of February, 2022 c ,,,.r K7 Notary Publi i i and for Dubuque County, Iowa. JANET=PAPEComr�lsslomp9yComm. E Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will hold a public hearing on the 7th day of March, 2022, at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, 2nd floor, Dubuque, Iowa, at which meeting the City Council proposes to dispose of and convey the Vacated Alley in Beuttel & Langworthys 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 Beuttel & Langworthys Addition to the City of Dubuque, to be known as Lot 7A in Beuttel & Langworthys Addition to the City of Dubuque, Dubuque County, Iowa. At the meeting, the City Council will receive oral and written comments from any resident or property owner of said City to the above action. The official agenda will be posted the Friday before the meeting and will contain public input options. The City Council agenda can be accessed at https://cityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org. Written comments regarding the above public hearings may be submitted to the City Clerk's Office via email at ctyclerk@cityofdubuque.org or by mail to City Clerk's Office, City Hall, 50 W. 13th St., Dubuque, IA 52001, before said time of public hearing. At said time and place of public hearings the City Council will receive any written comments. Copies of supporting documents for the public hearings are on file in the City Clerk's Office and may be viewed Monday through Friday between 8:00 a.m. and 5:00 p.m. Individuals with limited English proficiency, vision, hearing, or speech impairments requiring special assistance should contact the City Clerk's Office at (563) 589-4100, ctyclerk@cityofdubuque.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 21st day of February, 2022. Adrienne N. Breitfelder, City Clerk 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 & LANGWORTHYS ADDITION TO THE CITY OF DUBUQUE, TO BE KNOWN AS LOT 7A IN BUETTEL & LANGWORTHYS ADDITION TO THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, the plat of Buettel and Langworthys 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 & Langworthys Addition to the City of Dubuque; and Whereas, Jeffrey Gruber is the current owner of the East Half of Lot 1 in Buettel & Langworthys Addition to the City of Dubuque; and Whereas, the plat of Buettel and Langworthys 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 Recorders 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 & Langworthys Addition to the City of Dubuque, and assigned a lot number thereto, to be known as Lot 7A in Buettel & Langworthys 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 & Langworthys Addition to the City of Dubuque, Dubuque County, Iowa, to Derald A. Schrobilgen and Jean A. Schrobilgen is hereby set for the 7th 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. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk It 2/25