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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_Hearing Copyrighted June 6, 2022 City of Dubuque Public Hearings # 02. City Council Meeting 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 SUMMARY: Proof of publication on notice of public hearing to consider City Council adoption of a resolution vacating and disposal of the right of way property described as Lot 599A of North Dubuque, in the City of Dubuque, Iowa, to the Bible Baptist Church, and City Manager recommending approval. RESOLUTION Vacating 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 RESOLUTION Disposing of City interest in Lot 599A of North Dubuque, in the City of Dubuque, Iowa SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) 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 Vacate Resolutions Resolution Dispose Resolutions Vacate Plat Supporting Documentation Vacate Request Supporting Documentation Proof of Publication Supporting Documentation Dubuque THE CITY OF Marin;fly DUB E ' 3 Masterpiece on the Mississippi 2017*20 9 YP pp zai�*�oi� 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: June 1 , 2022 City Engineer Gus Psihoyos is recommending City Council adopt a resolution vacating and disposal of the right of way property described as Lot 599A of North Dubuque, in the City of Dubuque, Iowa, to the Bible Baptist Church. I concur with the recommendation and respectfully request Mayor and City Council approval. Mi2itL l C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Dubuque THE CITY OF brittgl All mrI a Mly DUB E ,I,ONALC711,-r:� ' 111I► 3 Masterpiece on the Mississippi 2017*20 9 p pp zoi�*zoi� 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 23, 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. The City Council approved the platting of the Lot 599A at its May 16, 2022, meeting. A copy of the recorded vacation plat is attached to this memo. RECOMMENDATION I am recommending 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 the vacating and disposal of the right of way property described as Lot 599A of North Dubuque, in the City of Dubuque, Iowa, to the Bible Baptist Church, be approved through the adoption of the enclosed resolutions. Prepared by Nate Kieffer, PE/PLS cc: John Klosterman, Public Works Director 2 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563)589-4270 Return to:Adrienne Breitfelder, City Clerk, City of Dubuque,50 W. 13th Street, Dubuque, IA 52001 (563) 589-4100 RESOLUTION NO. 218-22 RESOLUTION VACATING 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; and 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 20th day of May 2022, the City Council of the City of Dubuque, Iowa met by public and/or virtual means on the 6th day of June 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 request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the proposed vacation Lot 599A of North Dubuque, in the City of Dubuque, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 599A of North Dubuque, in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved, and adopted this 6th day of June 2022. k • David . Resnick, Mayor Pro Tern Attest: --- -C-62e6-x,.--- Trish L. Gleason, Assistant City Clerk 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. 219-22 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 599A OF NORTH DUBUQUE, IN THE CITY OF DUBUQUE, 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 20th day of May, 2022, the City Council of the City of Dubuque, Iowa met by in person and/or by virtual means on the 6th day of June, 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 599A of North Dubuque, in the City of Dubuque, 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 599A of North Dubuque, in the City of Dubuque, Iowa, to Bible Baptist Church 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 Bible Baptist Church. 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 6ch day of June 2022. Davi . Resnick, Mayor Pro Tern Attest: Trish L. Gleason, Assistant City Clerk Doc ID: 010970190003 Type: GEN Kind: RESOLUTION Recorded: 06/09/2022 at 02:40:16 PM Fee Amt: $17.00 Paqe 1 of 3 Dubuque County Iowa John Murphy Recorder File2022-00007266 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. 219-22 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 599A OF NORTH DUBUQUE, IN THE CITY OF DUBUQUE, 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 20th day of May, 2022, the City Council of the City of Dubuque, Iowa met by in person and/or by virtual means on the 6th day of June, 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 599A of North Dubuque, in the City of Dubuque, 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 599A of North Dubuque, in the City of Dubuque, Iowa, to Bible Baptist Church 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 Bible Baptist Church. � City Engineer 1100 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. y Passed, approved and adopted this 6tn day of June 2022. Davi . Resnick, Mayor Pro Tem Attest: Trish L. Gleason, Assistant City Clerk CERTIFICATE of the CITY CLERK STATE OF IOWA SS: COUNTY OF DUBUQUE ) I, Trish L. Gleason, do hereby certify that I am the duly appointed, qualified, Assistant City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such Assistant 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. 219-22 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 7th day of June, 2022. rIF Trish L. Gleason, CIVIC, Assistant City Clerk Trish L. Gleason, CIVIC, Assistant City Clerk II II (IIIII III IIIII IIIlI Ill I I I I I II IIII IIIII II II IIIII IIII IIII Doc ID: 010984760005 Type: GEN Kind: DEED WITH RESOLUTION Recorded: 07/06/2022 at 03:16:00 PM Fee Amt: $32.00 Page 1 of 5 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder File2022-00008515 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: -%C OVOC Baptist tV%%Xr h Ot 0%4%k%kX C iqo W a114c r St 11 0%00%k%W , 1 A Sto o QUIT CLAIM DEED For the consideration of Six Thousand Six Hundred Eighty -Four and 00/100's Dollars ($6,684.00) and other valuable consideration, the City of Dubuque, Iowa does hereby Quit Claim to The Bible Baptist Church of Dubuque, all its right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa: Lot 599A of North Dubuque, in the City of Dubuque, Iowa Exempt: Iowa Code § 428A.2(6) Deed in which a political subdivision of the state of Iowa is the grantor I Dated: Jur)e I , 2022 Atte t:_ 17 n e4 Adrienne N. Breitfelder, City Clerk CITY OF DUBUQUE, IOWA 5-loo © CuU, Cif IL 2 STATE OF IOWA, DUBUQUE COUNTY, ss: On this c9 l 2022 day of � ���� _, before me a Notary Public in and for said County and said State, personally appeared 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. 219-22 and that the said �Rey-9. Buef 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. *Brad M. Cavanagh Commission Number719M Notary public my Commission Expires Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 Returned to: Adrienne Breitfeider, City Clerk, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589- 4100 RESOLUTION NO.219-22 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 599A OF NORTH DUBUQUE, IN THE CITY OF DUBUQUE, 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 20th day of May, 2022, the City Council of the City of Dubuque, Iowa met by in person and/or by virtual means on the 6th day of June, 2022, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 61h Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 599A of North Dubuque, in the City of Dubuque, 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 599A of North Dubuque, in the City of Dubuque, Iowa, to Bible Baptist Church 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 Bible Baptist Church. 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 6t" day of June 2022. A 'e"', I�j &16j Davi . 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. 219-22 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 21 st day of June, 2022. Adrienne N. Breitfelder, City Clerk Plat of Survey (ROW Vacation) of: Lot 599A North Dubuque,in the City of Dubuque, Iowa IIIIIIIIIIIIIIIIIIIIIIIIIIIIII II IIIIIIII II Doc ID: 010960300005 Type: GEN Kind: SURVEY PLAT INDEX LEGEND FeeOAmt: $27rded: /0/Page 12022 tof 526:00 PM Location: Lot 599A North Dubuque Dubuque County Iowa NW1/4 of Section 12,T89N,R2E John Murphy Recorder of the 5th P.M.,Dubuque County,Iowa File 2 0 2 2-000 0 6 4 3 0 Requestor:Ron Gansmer do 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 PREPARED BY: DUBUQUE,IOWA PHONE: (5B ADDRESS:)S 1212 LOCUST STREET, 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 C) I , 1 I I na CI I I 496 490 NORTH DUBUQUE U�. NORTH DUBUQUE I C) I I0 A I_ROW _ � - ROW— N 86'39'21"E 270.59' (270.57') — _ I WALKER ST. (60' ROW) _ _ N 86'39'21" E 20.00' (20.00') 100.16•(100.00') I (100.00') _— — — — — _ Row _ — ROW yl I * 605 �'_ Sgg o .. EXISTING 66' WIDE fI I.• NORTH DUBUQUE ACCESS EASEMENT o NORTH DUBUQUE ... PER DOC. #2022-00002054 (100.00') I (100.00') II I rn 600 o y I I� Z 606 g NORTH DUBUQUE > NORTH DUBUQUE o l I v o (100.00') " _ (100.00') O, Ito N y Pi Pi O I I 1-8NIro no $ N 607 8.3 I *.I . x NORTH DUBUQUE 0,0 o NORTH DUBUQUE rn le o m (100.00') a (100.00) LA CT Cl 4 r. o I o b - D N C ^ N 02 I C XI 608 i. N o 4 o NORTH DUBUQUELOT 2 I g. NORTH DUBUQUE o J EIMO PLACE C (100.00') o (100.00') 603 C I I C NORTH 0DUBUQUE v NORTH DUBUQUE 0. hi I I (100.00') I (100.00') 604 Ir. 610 (R o NORTH DUBUQUE q I q NORTH DUBUQUE v PIN IS 6.39' PIN IS 2.98' NORTH LINE• (100.00') NORTH LINE el PIN IS —LINE NORTH LINE LOT 46 S 86'53'22" W LOT 40 LOT 47 20.00' (20.00' HAWKEYE ESTATES LOTHAW 47E ESTATE E ESTATES ESTATES ESTATES LEGEND IMilla°mn`IAOpnii• ip//// FOUND 1"IRON PIPE 0' 30' 60' 120' &. "••••_','r.L't1 _ .�' TERRY L. .t ■ FOUND 5/8'ROD W/YELLOW CAP/4016 SCALE: 1 = 60' U' KOELKER '�- .z= PLACED 5/8'IRON ROQ W/ORANGE NOTES �J 1, 15487 ' 0 PLASTIC CAP MARKED KOELKER 15467' ' 1.ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. S, ', 17�0' SURVEYED BOUNDARY LINE 2.TOTAL AREA OF PERIMETER SURVEYED IS 6.023 SF. ' PROPERTY LINE 3.THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. i�16�IlOIW PN1����0�\ — — CENTERUNE 4.BEARING IS BASED FROM NAD83,ZONE 1401,IOWA NORTH COORDINATE SYSTEM. EASEMENT LINE I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS JE RD.— — RIGHT OF WAY LINE PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME UESING SF SQUARE FEET OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY ASSOCIATES INC. IP IRON PIPEENGINEERS AND SURVEYORS LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. 1212 LOCUST ST,DUBUQUE.IA NA NET AREA RA RIGHT OF WAY AREA { / _{/ y/ (563)536-a39& TA TOTAL AREA v""�' ✓ `3/3/ z Z DRANK BY: JJL CHECKED BY: TLK ( ) RECORDED DISTANCE TERRY L. OELKER (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 -T /1 1 SHEET 1 OF 3 2 /°O® C.�..A.1 C./y 1 m e 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. 3 /2/ /22 Terry L.'Koelker Date Licensed Land Surveyor License No. 15487 License Renewal Date 12/31/23 Owner's Consent Dubuque, Iowa May 17 ,2022 1v.a 7 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 -Mayof of the City of Dubuque Mayor Pro em of the City of Dubuque Asst. City Clerk of the City of Dubuque State of Iowa County of Dubuque ) ss: On this VA' day of AD 2022,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appea 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 St oAlowa ELLA LAHEY Commission Number 743465 My Commission Expires /OWN October 19,2024 Sheet 3 of 3 City of Dubuque Planning Services Il Dubuque,Iowa �` /3 ,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. :1nic =yipart I / /'' AIM City P:n -ria f'T:uq ' • City of Dubuque,Iowa May 17 Dubuque,Iowa ,2022 The undersigned,44-._Buol,Mayor and VevstaIIl,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 7th day of May ,2022 as resolution# 18 -22 in the office of the City Clerk of Dubuque,Iowa and that the City Council of the City of Dubuq.16;Iowa approves said plat. * David T. Resnick, Mayor Pro Tem ** Trish L. Gleason, Asst. City Clerkci,v...ii?2.0,7".ji., r of the City o,f Dubuque,IA Clerk of the CI y of Dubuque,IA City Assessor's Certificate Dubuque,Iowa ,S'"/ 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. / 779t7:A\ City Asses or of the County of Dubuque,Iowa County Auditor Dubuque,Iowa 5-N ,2022.... •<'* The foregoing Plat of Survey(ROW Vacation)of:LOT 599A OF NORTH DUBUQUE, in the�C'ity'of D bu' • Iowa,was entered of record in the office of the Dubuque County Auditor this I$ day4�' \ •\ �`• VAAj ,2022. ;6 We approve of the subdivision name or title to be recorded. I ta r County Auditor o Dubuqu ,to a v < bd %-k-A e--2)NAP-e"-s2. Recorder's Certificate Dubuque, Iowa Mall iL,2022 The foregoing Plat ofSurvey(13,2W Vacation)of:LOT 599A OF NORTH DUBUQUE, in the City of Dubuque, Iowa,has been reviewed by thtzrpOugta,County Recorder. *`,. • k p't.)7,)A 1//�' /� `^`jj, 't Dubuque County Recorder-/ . b9 j Prepared by: Nate Kieffer,City of Dubuque,50 W.131h Street,Dubuque,IA 52001 (563)589-4270 Return to: Nate Kieffer,City of Dubuque,50 W.13th 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. 1");'( (1"---dt, Day' . Resnick, Mayor Pro Tem Attest: --- sk( 9--at4k.Cf-- 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 18th day of May, 2022. • `x h'~ Adrienne N. Breitfelder, City Clerk rcit� +r 1 �� , • b.' C.) . Bible Baptist Church BIBLE BAPTIST They ceased not to teach and preach Jesus Christ (Acts 5:42) f)IO\Walker street Dubuque. 1()IN a 52O(11 August 29, 2021 The Honorable Mayor and City Council 50 West 13th Street Dubuque, Iowa 52001 To Whom It May Concern: 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. biblchapti (CII)(.runt Bible Baptist Church BIBLE They ceased not to teach and preach Jesus Christ (Acts 5:42) 4' 940 Walker Street +—acak?a V. ,k) s-r-. / 1 Dubuque, Iowa 52001 „ie (-- ( -----.crir ._.6 cutAern-e--,— 9.-Qic, ,f\ GA''7 '1-5 ek 14- ' _. r"--"), `t) tc:l'A. L c__,L_ -y e__z- / ti 5 ,,,,, j 0-r-17 1/4-4 ' t OM, - / r/- 2 -. 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Sct--(iii-1 it, 7,----,„ i ectvtA3triAAAV.--- --,\°a'ii4lc6 726, -tA-iS4,, / / 4, q__ ),J,J) • , I-, , .r, „ J,_„k_i _, ,„ __ ,f,--__4 1 Is_ ay* EtJ s d . k -of,-Lj MLIS kvi,,, ,- `1 v _ \,/,, 1 ti votciatok. 1 isiPl-ti N / -'t ,iii1/48\tio(k I\ I ,-./tt_A4 1, - 7-1\.___3 C-40A ' I/ ' ("'" _t;10, .7 9 WSJ ' 563-551i-6555 _--" _ i hihlebapristclbq.conl 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: 05/20/2022 and for which the charge is 34.09 KZ' Su scribed to fore me, a Notary is in and for Dubuque County, Iowa, this 20th day of May, 2022 Notary blic in and for Dubuque County, Iowa. JANET K. PAPE Cormmis,slon Number 199859 My Comm, Exp. DEC 11,2022 Ad text : CI TY 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 Clerks 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 Clerks 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. Trish L. Gleason, Assistant City Clerk It 5/20