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Approval of Plat of Survey (ROW Vacation) of Lot 599A of North Dubuque for Vacation Petition (The Bible Baptist Church)City of Dubuque City Council Meeting Consent Items # 014. Copyrighted May 16, 2022 ITEM TITLE: Approval of Plat of Survey (ROW Vacation) of Lot 599A of North Dubuque, in the City of Dubuque, Iowa for Vacation Petition (The Bible Baptist Church) SUMMARY: City Manager recommending approval of the Plat of Survey of Lot 599A of North Dubuque, in the City of Dubuque, Iowa. RESOLUTION Approving Plat of Proposed Vacated 20-Foot-Wide Alley between Lots 599 Thru 610 of North Dubuque, in the City of Dubuque, Iowa, to be known as Lot 599A of North Dubuque, in the City of Dubuque, Iowa SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Approval of Plat of Survey (ROW Vacation) of Lot 599A of North Dubuque-MVM Memo Staff Memo Resolution Vacate Plat Request to Vacate Type City Manager Memo Staff Memo Resolutions Supporting Documentation Supporting Documentation THE CITY OF Dubuque DUB TEE1. All -America City Masterpiece on the Mississippi � pp zoo�•*o 13 zoi720zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Approval of Plat of Survey (ROW Vacation) of Lot 599A of North Dubuque, in the City of Dubuque, Iowa For Vacation Petition (The Bible Baptist Church) DATE: May 9, 2022 A request was received from The Bible Baptist Church (Church) for the vacating of the entire 20' alley right of way south of Walker Street and East of Oneida Avenue in North Dubuque Subdivision, in the City of Dubuque, Iowa. The church building was constructed in 1980 and was located directly over the existing unvacated alley right of way between Lots 599 thru 610 of North Dubuque Subdivision. In order the clear up the land ownership issue, City Engineer Gus Psihoyos is recommending City Council adopt a resolution approving the Plat of Survey of Lot 599A of North Dubuque, in the City of Dubuque, Iowa. I concur with the recommendation and respectfully request Mayor and City Council approval. Micliael 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 (ROW Vacation) of Lot 599A of North Dubuque, in the City of Dubuque, Iowa For Vacation Petition (The Bible Baptist Church) DATE: May 2, 2022 INTRODUCTION This is in response to a request from The Bible Baptist Church (Church) for the vacating of the entire 20' alley right of way south of Walker Street and East of Oneida Avenue in North Dubuque Subdivision, in the City of Dubuque, Iowa. BACKGROUND The Church owns the property at common address 940 Walker Street in Dubuque Iowa. The property improvements include a church building and parking lot. The church building was constructed in 1980 and was located directly over the existing unvacated alley right of way between Lots 599 thru 610 of North Dubuque Subdivision. In order the clear up the land ownership issue, the Church has requested that the City vacate the area and sell the alley right of way to them. A copy of the request to vacate letter from the Church is attached to this memo. DISCUSSION In order to clean up ownership related issues and because the existing Church building is located over the City alley right of way, City Staff and the Church have agreed upon the vacation and sale of the City alley right of way area south of Walker Street. The City will sell the right of way area to be vacated for $6,684 which is approximately $1.11/sf. Conveyance of the vacated alley area to the Church will be by Quit Claim Deed. The Church will be responsible for all associated publication and filing/recording fees. Per the City's Street Vacation Policy, the Church has paid for the surveying and platting of the alley area to be vacated. The attached plat shows the right of way area proposed to be vacated. The right of way area to be vacated is described as Lot 599A of North Dubuque, in the City of Dubuque, Iowa. The City of Dubuque is not planning to reserve any easements over the vacated area as it is occupied by the church building. The alley right of way area to be vacated needs to be platted. Buesing and Associates, Inc. has prepared the attached vacation plat. RECOMMENDATION I am recommending that the plat of survey (vacation plat) be approved. ACTION TO BE TAKEN I respectfully request that the Plat of Survey of Lot 599A of North Dubuque, in the City of Dubuque, Iowa, be approved through adoption of the enclosed resolution. Prepared by Nate Kieffer, PE/PLS cc: John Klosterman, Public Works Director 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. 131" Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 189-22 RESOLUTION APPROVING PLAT OF PROPOSED VACATED 20-FOOT-WIDE ALLEY BETWEEN LOTS 599 THRU 610 OF NORTH DUBUQUE, IN THE CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 599A OF NORTH DUBUQUE, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated March 31, 2022 prepared by Buesing and Associates, Inc., showing the proposed vacated alley south of Walker Street and East of Oneida Avenue in North Dubuque Subdivision, in the City of Dubuque, Iowa and assigned a lot number thereto, to be known as Lot 599A of North Dubuque, in the City of Dubuque, 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 March 31, 2022, prepared by the Buesing and Associates, 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 16th day of May, 2022. j,r4 L?a2,1�A Dav' Resnick, Mayor Pro Tern Attest: Trish L. Gleason, Assistant City Clerk Plat of Survey Lot 599A in the City (ROW Vacation) North Dubuque, of Dubuque, Iowa INDEX LEGEND Location: Lot 599A North Dubuque NW1/4 of Section 12, T89N, R2E of the 5th P.M., Dubuque County, Iowa Requestor: Ron Gansmer c/o The Bible Baptist Church Proprietor: City of Dubuque 50 W. 13th St., Dubuque, IA 52001 Surveyor: Terry L. Koelker Company: Buesing & Associates, Inc. 1212 Locust St., Dubuque, IA 52001 Return To: tlkoelker@buesing.com (563) 556-4389 NOTE THIS SURVEY IS COMPRISED OF: A 20' WIDE ALLEY BETWEEN LOTS 599 thru 610 OF NORTH DUBUQUE, IN THE CITY OF DUBUQUE, IOWA of: Doc ID: 010960300005 Type: GEN Kind: SURVEY PLAT Recorded: 05/18/2022 at 02:28:00 PM Fee Amt: $27.00 Page 1 of 5 Dubuque CountV Iowa John MurphV Recorder File2022-00006430 PREPARED BY: BUESING & ASSOCIATES ADDRESS: 1212 LOCUST STREET, DUBUQUE, IOWA PHONE: (563) 556-4389 n S n D ro O O Ct m 490 496 NORTH DUBUQUE I I NORTH DUBUQUE O � ROW _ L — I v ROW — I — N 86'39'21" E 270.59' (270.57') — — WALKER ST. (60' ROW) — — ---- — — — N 86'39'21' E 20.00' (20.00') 100.16' (100.00 — — —ROW I (100_00') — — — — — ROW — Io .. 599 c EXISTING 66' WIDE fI 605 NORTH DUBUQUE .. ACCESS EASEMENT o NORTH DUBUQUE .. `' PER DOC. #2022-00002054 I v I (100.001 I (100.001 1 rn .� 600 1--------- I N 606 ? NORTH DUBUQUE v D o NORTH DUBUQUE .. o I (100.00') .. (100.00') y O Z N 4 N O I y 607 � ti c - 601 NORTH DUBUQUE .. w v I p .'Z NORTH DUBUQUE r. Si m I .. ) 0 m (100.001 I (100.001 w U1 u b Ob L -n f N 608 .. c o (A 602 NORTH DUBUQUE LOT 2 EIMO PLACE NORTH DUBUQUE Gi ." g N 0b t (1o0.00') I I (100.00') 0 .. � z� 609 p c Ct 603 NORTH DUBUQUE C v C NORTH DUBUQUE " tm I I 100.00 (') (100.00') a No 604 NORTH DUBUQUE �. o I i 610 NORTH DUBUQUE " v IS l 39LINE PIN IS 2.98' I I NPIN ORTH (100.00') NORTH LINE o 100.001 PIN IS 1.90' NORTH LINE S 86.5322 W LOT 40 LOT 46 20.00' (2 0' HAWKEYE LOT 47 HAWKEYE ESTATES HAWKEYE ESTATES ESTATES IANo��:us' LEGEND FOUND 1' IRON PIPE D' 3060 \\\� 120 _�' •• L FOUND 5/8' ROD W/ YELLOW CAP #4016 SCALE: 1" 60, 3 V TERRY L. = J. KOELKER 0 PLACED 5JB' IRON ROQ W[ORANGE NOTES PLASTIC CAP MARKED KOtELKER 15487' ' 15487 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.SURVEYED •{�` a LILINENDARY LINE 2.TOTL AREA IS 3RECORD PROPERTY AND NOT OF RECORD. 4j�01WP1`1���������\\ 3.THSAPLAT SOUR ECITETORALL EA EMENTS OFYED — CENTERLINE 4.BEARING IS BASED FROM NAD83, ZONE 1401, IOWA NORTH COORDINATE SYSTEM. ---- EASEMENT LINE I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS � _ _ROW_ _ RIGHT OF WAY LINE PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME ASSOCIATES INC. SF SQUARE FEET OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY 6NGINLNRB AND 8URVZMR8 IP IRON PIPE LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. 1212 LOCUST DUBUQUE, U NA NET AREA / 5ST,5 (563) 556-4389 RA RIGHT OF WAY AREA �� / �••' Z DRAWN BY: JJL CHECKED BY: TLK TA ( ) TOTAL AREA`3 RECORDED DISTANCE TERRY L. KOELKER (DATE) SURVEY DATE: 11/30/2021 LICENSE NUMBER 15487 PLOT DATE: 03/31/2022 SCALE: 1" = 60' MY LICENSE RENEWAL DATE IS DECEMBER 31, 2023 DWG. NO. 21352-01 VACATE SHEETS COVERED BY THIS SEAL : SHEETS 1 & 2 SHEET 1 OF 3 Sheet 2 of 3 Surveyor's Certificate I, Terry L. Koelker, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that the following real estate was surveyed and platted by me or under my direct personal supervision, To Wit: Plat of Survey (ROW Vacation) of: LOT 599A of North Dubuque, in the City of Dubuque, Iowa. This survey was performed for the purpose of platting and vacating a 20' wide Alley between Lots 599 thru 610 of North Dubuque, said real estate henceforth to be known as LOT 599A of North Dubuque, in the City of Dubuque, Iowa. The Total area of LOT 599A of North Dubuque is 6,023 Square Feet. All Lot areas are more or less, and all Lots are 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. I hereby certify that this land surveying document was prepared, and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa. Terry L. oelker Licensed Land Surveyor License No. 15487 Dubuque, Iowa 3 l2/ )_�2 Date License Renewal Date 12/31 /23 Owner's Consent lvjay 17 2022 ter i�a The foregoing Plat of Survey (ROW Vacation) of: LOT 599A OF NORTH DUBUQUE, in the City of Dubuque, Iowa, is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate. CITY OF DUBUQUE a &:��l +Aayror of the City of Dubuque Mayor 'L:� o em of the City of Dubuque Asst . City Clerk of the City of Dubuque State of Iowa ) County of Dubuque ) ss: On this 0 At 1 day of �`� , AD 2022, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appealed Brad Cavanagh, the Mayor of the City of Dubuque, and Adrienne N. Breitfelder, the Clerk of the City of Dubuque, to me personally known, who being by me duly sworn, did say that said Brad Cavanagh is the Mayor of the City of Dubuque, and said Adrienne N. Breitfelder is the Clerk of the City of Dubuque, and that the seal affixed to the above instrument was signed on behalf of said City of Dubuque, by authority of the City of Dubuque, and that said Brad Cavanagh, the Mayor of the City of Dubuque, and Adrienne N. Breitfelder, the Clerk of the City of Dubuque, acknowledged the execution of said instrument to be the voluntary act and deed of said City of Dubuque, by it, and by them, voluntarily executed. Witness my hand and Notarial Seal on the date above written. %�& Ck 1 L Notary Public in and for the St o Iowa ELLA L4HEY G Commission Number 743465 ,r My Commission Expires /Owl October 19, 2024 Sheet 3 of 3 City of Dubuque Planning Services Dubuque, Iowa /� 2022 The foregoing Plat of Survey (ROW Vacation) of: LOT 599A OF NORTH DUBUQUE, in the City of Dubuque, Iowa, was reviewed and approved by the City of Dubuque Planning Services Department on the date first written above. City of Dubuque, Iowa Dubuque, Iowa May 17 , 2022 * The undersigned, .D._8uolrMayor and Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing Plat of Survey (ROW Vacation) of: LOT 599A OF NORTH DUBUQUE, in the City of Dubuque, Iowa, as appears heretofore has been filed on 1 7rh day of �, , 2022 as resolution # ��9-22 in the office of the City Clerk of Dubuque, Iowa and that the City Council of the City of Dubugddl, Iowa approves said plat. * David T. Resnick, Mayor Pro Tem ** Trish L. Gleason, Asst. City Clerk r of the City bf Dubuque, IA Clerk of the Ci y of Dubuque, IA City Assessor's Certificate Dubuque, Iowa 5-1 t 2022 The foregoing Plat of Survey (ROW Vacation) of: LOT 599A OF NORTH DUBUQUE, in the City of Dubuque, Iowa, was entered of record in the Office of the City Assessor of the County of Dubuque, Iowa, on the date first written above. City Assessor of the County o Dubuque, Iowa County Auditor Dubuque, Iowa S - 20�Z_Y. - dk WN The foregoing Plat of Survey (ROW Vacation) of: LOT 599A OF NORTH DUBUQUE, in th(�,� y5of Dubu:* � Iowa, was entered of record in the office of the Dubuque County Auditor this I $ d�y� A 2022. We approve of the subdivision name or title to be recorded. �• '0 County Auditor o Dubuqu , to a Recorder's Certificate Dubuque, Iowa 2022 The foregoing Plat ofSurvey (ROW Vacation) of: LOT 599A OF NORTH DUBUQUE, in the City of Dubuque, Iowa, has been reviewed by tj'I}?,4bAg.Ve:County Recorder. ,.... irzz Dubuque County Recorder a •: �'�-�r�.� ;�.'� In //} ,fit 0 A, It �� ,�x.-,�. VJ� I�-ti'l/i�"4 ►lit/", Prepared by: Nate Kieffer City of Dubuque 50 W. 131" Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 131" Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 189-22 RESOLUTION APPROVING PLAT OF PROPOSED VACATED 20-FOOT-WIDE ALLEY BETWEEN LOTS 599 THRU 610 OF NORTH DUBUQUE, IN THE CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT 599A OF NORTH DUBUQUE, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated March 31, 2022 prepared by Buesing and Associates, Inc., showing the proposed vacated alley south of Walker Street and East of Oneida Avenue in North Dubuque Subdivision, in the City of Dubuque, Iowa and assigned a lot number thereto, to be known as Lot 599A of North Dubuque, in the City of Dubuque, 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 March 31, 2022, prepared by the Buesing and Associates, 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 16th day of May, 2022. - 4n2l La2n—�A — Dav' . Resnick, Mayor Pro Tern Attest: Trish L. Gleason, Assistant 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. 189-22 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 18t' day of May, 2022. 64,i� A Aa-f'�' Adrienne N. Breitfelder, City Clerk Bible Baptist Church They ceased not to teach and preach Jesus Christ (Acts 5:42) August 29, 2021 The Honorable Mayor and City Council 50 West 131h Street Dubuque, Iowa 52001 To Whom It May Concern: BIBLE BAPTIST 940 Walker Sn eet Dubuque. Imv a ._)2001 It has come to our attention via city of Dubuque employees that our church building, located at 940 Walker Street, sits directly astride the alley between Chicago and Oneida. (see included site diagram) Obviously, we are not sure how that happened, or why that was permitted when the church building was constructed in the late 1970s. We are asking the city to vacate the alley to our legal possession. The reason for the request is simple. We have now owned/occupied this land for 45 years. According to our abstract, Bible Baptist Church entered into an agreement to purchase the lots on both sides of said alley on May 28, 1976. At that time the land was in the County of Dubuque. The city of Dubuque voted to annex this area June 24, 1976. That annexation was approved by the State of Iowa October 5, 1976) and became effective June 1, 1979. In between, the sale of the property at 940 Walker Street went through. It was filed December 10, 1976. A church building was constructed on site in 1980. The alley in question runs directly through the center of the building. It may be the confusion back then and the corresponding failure of the permit officials to properly site the building may have been due to the annexation of the land. We do not know. What we do know, is we have owned this land for 45 years and our church building has directly occupied the land where the alley is for 40 years. In view of these facts, and the fact we own the land on either side of the alley, we, the under -signed people who attend Bible Baptist Church, respectfully ask the City Council to vacate the alley to our possession. Bible Baptist Church BIBLEIST They ceased not to teach and preach Jesus Christ (Acts 5:42) 940 Walker Street �U&,DubuqUe, Iona 52001 rn<` 9t% I a I/ 563-556-6855 L Bible Baptist church They ceased not to teach and preach Jesus Christ (Acts 5:42) 1t/dk€skF��� 563-55hi-6855 1— Qlft BIBLE BAPTIST 940 Walker street Dubuque, Iowa 52001 Pere Z Y- Tf az.' bihlehaprisulbq.com