Petition to Vacate and Dispose of City Interest in the 20-Foot-Wide Alley South of Walker Street and East of Oneida Avenue_InitiateCity of Dubuque
City Council Meeting
Copyrighted
May 16, 2022
Items to be set for Public Hearing #
01.
ITEM TITLE: Petition to Vacate and Dispose of City Interest in the 20-Foot-Wide Alley
South of Walker Street and East of Oneida Avenue, in North Dubuque
Subdivision, in the City of Dubuque, Iowa for Vacation Petition (The Bible
Baptist Church)
SUMMARY: City manager recommending City Council set a public hearing for June 6,
2022, for the vacating and disposal of the right of way property described
as Lot 599A of North Dubuque, in the City of Dubuque, Iowa through
adoption of a resolution.
RESOLUTION Intent to vacate and dispose of City interest in the 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 Receive and File; Adopt Resolution(s), Set Public Hearing for June 6,
DISPOSITION: 2022Suggested Disposition:
ATTACHMENTS:
Description Type
Petition to Vacate and Dispose of City Interest in 20-
foot-wide alley south of Walker Street and East of City Manager Memo
Oneida Avenue-MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Notice of Hearing Supporting Documentation
Vacate Plat
Vacate Request
Supporting Documentation
Supporting Documentation
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Petition to Vacate and Dispose of City Interest in the 20-Foot-Wide Alley
South of Walker Street and East of Oneida Avenue, in North Dubuque
Subdivision, in the City of Dubuque, Iowa
For Vacation Petition (The Bible Baptist Church)
DATE: May 10, 2022
City Engineer Gus Psihoyos is recommending City Council set a public hearing for June
6, 2022, for the vacating and disposal of the right of way property described as Lot 599A
of North Dubuque, in the City of Dubuque, Iowa through adoption of a resolution.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
If•[yTALVA � IIIIIIIII
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
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TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Petition to Vacate and Dispose of City Interest in the 20-Foot-Wide Alley
South of Walker Street and East of Oneida Avenue, in North Dubuque
Subdivision, 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
and disposal 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 a public hearing should be held on June 6, 2022, for the
vacating and disposal 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.
ACTION TO BE TAKEN
I respectfully request that a public hearing be held on June 6, 2022, for the vacating and
disposal of the right of way property described as Lot 599A of North Dubuque, in the
City of Dubuque, Iowa 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 Engineering 50 W. 1311 St. Dubuque, IA 52001
Return to Adrienne N. Breitfelder, City Clerk, City of Dubuque 50 W. 131" St. Dubuque, IA 52001
RESOLUTION NO. 195-22
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN THE
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, the City of Dubuque has agreed to the vacation and sale of City Owned
property including the 20-foot-wide alley right of way south of Walker Street and East of
Oneida Avenue in the North Dubuque subdivision, in the City of Dubuque, Iowa; and
Whereas, The Bible Baptist Church has requested the vacation of said alley right
of way and the conveyance of the property to The Bible Baptist Church; and
Whereas, Buesing and Associates, Inc. has prepared and submitted to the City
Council a plat showing the proposed vacated alley south of Walker Street and East of
Oneida Avenue in North Dubuque, 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.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to vacate and dispose of its interest
in Lot 599A of North Dubuque, in the City of Dubuque, Iowa, as shown on the attached
Exhibit A.
Section 2. That a public hearing on the intent to vacate and dispose of City interest
in Lot 599A of North Dubuque, in the City of Dubuque, Iowa is hereby set for the 6th day
of June, 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 16th day of May, 2022.
L�4 4
David T. Resnick, Mayor Pro Tern
Attest:
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Trish L. Gleason, Assistant City Clerk
1
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct a public
hearing on the 6th day of June 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
vacate and convey alley right of way over the following described real property to The
Bible Baptist Church:
The 20-foot-wide alley between Lots 599 thru 610 of North Dubuque, in the City
of Dubuque, Iowa
At the meeting, the City Council will receive in -person and virtual 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. At said time and place of public
hearings all interested citizens and parties will be given an opportunity to be heard for
or against said proposal.
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
received by the City Clerk's Office before said time of public hearing.
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,
TDD (563) 690-6678, 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 16th day of May 2022.
Adrienne N. Breitfelder, City Clerk
Plat of Survey (ROW Vacation) of:
Lot 599A North Dubuque,
in the City 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
PREPARED BY: BUESING & ASSOCIATES ADDRESS: 1212 LOCUST STREET,
DUBUQUE. IOWA PHONE: (563) 556-4389
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PROPERTY
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TERRY L KO <ER (DATE)
SURVEY DATE: 11/30/2021
LICENSE NUMBER 15487
PLOT DATE 03/31/2022 SCALE: 1" = 6
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. Koelker
Licensed Land Surveyor
License No. 15487
3/-31 /42-
Date
License Renewal Date 12/31/23
Owner's Consent
Dubuque, Iowa , 2022
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
Mayor of the City of Dubuque
Clerk of the City of Dubuque
State of Iowa )
County of Dubuque ) ss:
On this day of , AD 2022, before me, the undersigned, a Notary Public in and for the
State of Iowa, personally appeared 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.
Notary Public in and for the State of Iowa
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.
Planning Services Department
Bv:
City Planner of the City of Dubuque, IA
City of Dubuque, Iowa
Dubuque, Iowa
2022
The undersigned, Roy D. Buol, Mayor and Kevin Firnstahl, 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 day of , 2022 as
resolution # in the office of the City Clerk of Dubuque, Iowa and that the City Council of the
City of Dubuque, Iowa approves said plat.
Mayor of the City of Dubuque, IA
Clerk of the City of Dubuque, IA
City Assessor's Certificate
Dubuque, Iowa 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 of Dubuque, Iowa
County Auditor
Dubuque, Iowa
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 Dubuque County Auditor this day of
.2022.
We approve of the subdivision name or title to be recorded.
County Auditor of Dubuque, Iowa
Recorder's Certificate
Dubuque, Iowa
, 2022
The foregoing Plat of Survey (ROW Vacation) of: LOT 599A OF NORTH DUBUQUE, in the City of Dubuque,
Iowa, has been reviewed by the Dubuque County Recorder.
Dubuque County Recorder
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
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Bible Baptist church
They ceased not to teach and preach Jesus Christ (Acts 5:42)
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BIBLE BAPTIST
940 Walker street
Dubuque, Iowa 52001
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