Approval of Plat of Survey of Lot 86A in McDaniel’s Park Hill (AKA “Park Hill, City of Dubuque, Iowa 1856), in the City of Dubuque, Iowa For Vacating Petition (Agreement Between City of Dubuque and Dennis R. Walker) Copyrighted
August 7, 2023
City of Dubuque Consent Items # 011.
City Council Meeting
ITEM TITLE: Approval of Plat of Survey of Lot 86A in McDaniel's Park Hill (AKA"Park
Hill, City of Dubuque, lowa 1856), in the City of Dubuque, lowa For
Vacating Petition (Agreement Between City of Dubuque and Dennis R.
Walker)
SUM MARY: City Manager recommending City Council adopt a resolution approving
the Plat of Survey of Lot 86A in McDaniel's Park Hill (AKA"Park Hill, City
of Dubuque, lowa 1856), in the City of Dubuque, lowa. This is in
response to a request from property owner Dennis R. Walker(Walker)
for the vacating of a portion of National Street adjacent to the property at
3009 Burlington Street, in the City of Dubuque, lowa.
RESOLUTION Approving Plat of Proposed Vacated Portion of National
Street, In the City of Dubuque, lowa, To Be Known as Lot 86A In
McDaniel's Park Hill (Aka"Park Hill, City of Dubuque, lowa 1856), I n the
City of Dubuque, lowa
SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Resolutions
Vacate Plat Supporting Documentation
Vacate Agreement Supporting Documentation
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Approval of Plat of Survey of Lot 86A in McDaniel's Park Hill (AKA "Park
Hill, City of Dubuque, lowa 1856), in the City of Dubuque, lowa
For Vacating Petition (Agreement Between City of Dubuque and Dennis
R. Walker)
DATE: July 25, 2023
City Engineer Gus Psihoyos is recommending City Council adopt a resolution approving
the Plat of Survey of Lot 86A in McDaniel's Park Hill (AKA "Park Hill, City of Dubuque,
lowa 1856), in the City of Dubuque, lowa. This is in response to a request from property
owner Dennis R. Walker (Walker) for the vacating of a portion of National Street
adjacent to the property at 3009 Burlington Street, in the City of Dubuque, lowa.
The City of Dubuque has entered into an agreement (see agreement attached) with
Walker for the sale of City owned property to be used for proposed driveway
improvements for access to the rear yard of the adjacent property owned by Walker at
3009 Burlington Street. The agreed upon price for the vacation and sale of the 6,000
square feet of National Street right of way area is $1.00. Walker would also utilize the
space as a private yard. The property to be conveyed to Walker includes a portion of
the National Street right of way south of Burlington Street.
The City will reserve a public utility easement over the entire National Street right of way
area to accommodate all existing utilities. The City will also reserve an access
easement over the easterly half of the 50' National Street right of way for maintenance
of the property and public utilities in the alley and street right of ways to the south of
Burlington Street.
The nominal property sale price in the agreement is a result of a recommendation from
the City Attorney Office following consultation with the lowa Communities Assurance Pool
(ICAP), to dispose of excess/unimproved street and alley right of ways, when possible, in
order to reduce City liability. In the recent past the City has required market rate prices
for the purchase of such City right of way. Due to the limited number of successful right
of way vacations/sales, staff is proposing that the City consider sale of the
excess/unimproved right of way areas for a nominal price along with a minimal fee for
required engineering staff time and publication and filing fees. The buyer would also be
required to pay for any surveying costs associated with the right of way vacation.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Nate Kieffer, PE/PLS
John Klostermann, Public Works Director
2
Dubuque
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TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Approval of Plat of Survey of Lot 86A in McDaniel's Park Hill (AKA "Park
Hill, City of Dubuque, lowa 1856), in the City of Dubuque, lowa
For Vacating Petition (Agreement Between City of Dubuque and Dennis
R. Walker)
DATE: July 21, 2023
INTRODUCTION
This is in response to a request from property owner Dennis R. Walker for the vacating
of a portion of National Street adjacent to the property at 3009 Burlington Street, in the
City of Dubuque, lowa.
BACKGROUND
The City of Dubuque has entered into an agreement (see agreement attached) with
Walker for the sale of City owned property to be used for proposed driveway
improvements for access to the rear yard of the adjacent property owned by Walker at
3009 Burlington Street. Walker would also utilize the space as a private yard. The
property to be conveyed to Walker includes a portion of the National street right of way
south of Burlington Street.
In working with Walker, City staff has prepared an agreement for the vacation and sale
of the properties described above. The agreed upon price for the vacation and sale of
the 6,000 square feet of National Street right of way area is $1.00. Walker will be
responsible for all surveying/platting costs, publication and filing fees. The City will
reserve a public utility easement over the entire National Street right of way area to
accommodate all existing utilities. The City will also reserve an access easement over
the easterly half of the 50' National Street right of way for maintenance of the property
and public utilities in the alley and street right of ways to the south of Burlington Street.
Within 60 days of approval of the right of way vacation by City Council, Walker is to
construct sidewalk along the Burlington Street frontage of the vacated area and after
constructed maintain said sidewalk in perpetuity according to current City codes. Within
60 days of approval of the right of way vacation by City Council, Walker is also required
construct curb and gutter along the Burlington Street frontage of the vacated area
according to current City standards. The City will reconstruct the existing non-compliant
curb ramp in the southeast quadrant of the intersection of Burlington and National and
coordinate such construction with the Walker sidewalk construction.
Pursuant to Resolution No. 225-23, the City of Dubuque and property owner Dennis R.
Walker entered into an agreement on this project. As part of that agreement, the
property owner is responsible for the surveying and platting of the proposed division of
the property and right of way vacation.
The nominal property sale price in the agreement is a result of a recommendation from
the City Attorney Office following consultation with the lowa Communities Assurance
Pool (ICAP), to dispose of excess/unimproved street and alley right of ways, when
possible, in order to reduce City liability. In the recent past the City has required market
rate prices for the purchase of such City right of way. Due to the limited number of
successful right of way vacations/sales, staff is proposing that the City consider sale of
the excess/unimproved right of way areas for a nominal price (minimal fee for required
engineering staff time and publication and filing fees). The buyer would also be
required to pay for any surveying costs associated with the right of way vacation.
DISCUSSION
The attached plat shows the National Street right of way area proposed to be vacated.
The right of way area to be vacated is described as Lot 86A in McDaniel's Park Hill
(AKA "Park Hill, City of Dubuque, lowa 1856), in the City of Dubuque, lowa. The City
will reserve a public utility easement over the entire National Street right of way area to
accommodate all existing utilities. The City will also reserve an access easement over
the easterly half of the 50' National Street right of way for maintenance of the property
and public utilities in the alley and street right of ways to the south of Burlington Street.
The street 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 86A in McDaniel's Park Hill (AKA
"Park Hill, City of Dubuque, lowa 1856), in the City of Dubuque, lowa, be approved
through adoption of the enclosed resolution.
Prepared by Nate Kieffer, PE/PLS
cc: John Klosterman, Public Works Director
2
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. 131h Street, Dubuque, IA 52001 (563)589-4270
RESOLUTION NO. 243-23
RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF
NATIONAL STREET, IN THE CITY OF DUBUQUE, IOWA, TO BE KNOWN AS LOT
86A IN MCDANIEL'S PARK HILL (AKA "PARK HILL, CITY OF DUBUQUE, IOWA
1856), IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque,
Iowa, a plat dated July 19, 2023 prepared by Buesing and Associates Inc., showing the
proposed vacated area of a portion of National Street, in the City of Dubuque, Iowa and
assigned a lot number thereto, to be known Lot 86A in McDaniel's Park Hill (AKA "Park
Hill, City of Dubuque, Iowa 1856), 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 July 19, 2023, prepared by 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. The City of Dubuque reserves a public utility easement over the
entirety of said Lot 86A.
Section 3. The City of Dubuque reserves an access easement over the easterly
half of said Lot 86A for maintenance of the public property and utilities in the alley and
street Right of Ways to the south of Burlington Street, as shown on attached plat.
Section 4. 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 7th day of August 2023.
rac - avanagh, Mayor
Attest:
--' alS(c-,--
Trish L. Gleason, Assistant City Clerk
Plot of Survey (Vocation) of:
LOT 86A IN MCDANIEL'S PARK HILL
(AKA "PARK HILL, CITY OF DUBUQUE, IOWA 1856"),
in the City of Dubuque, Iowa
FOR THE VACATION OF PART OF EXISTING NATIONAL ST.
BETWEEN LOTS 86 & 85 IN MCDANIEL'S PARK HILL
INDEX LEGEND
Location: Lot 86A in McDaniel's Park Hill(aka"Park Hill,City of Dubuque,Iowa 1856"),
In the City of Dubuque,Iowa
E112 of Section 14,T69N,R2E of the 5th P.M.,Dubuque County,Iowa
Requestor:Dennis Walker
Proprietor of National St. City of Dubuque 50 W 13th SI. Dubuque.IA 52001
Surveyor: Terry L.Kaelker
Company: Buesing&Associates,Inc.
1212 koe Locustkerb St., corn (55,IA)5 01 PREPARED BY: BUESINO&ASSOCIATES ADDRESS: 1212 LOCUST STREET.
Return 70:Ilkaelkar®buesing.com (5631556-4389 DUBUQUE.IOWA PHONE: (563)556-4363
NOTE
THIS SURVEY IS COMPRISED OF: PART OF EXISTING NATIONAL ST.
BETWEEN LOTS 86 & 65 IN MCDANIEL'S PARK HILL(AKA "PARK HILL,
CITY OF DUBUQUE, IOWA 1856"),IN THE CITY OF DUBUQUE, IOWA
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CITY OF DUBUQUE RESERVES A 1.26 \
PUBLIC UTILITY EASEMENT OVER 4, , �e / s ' x
THE ENTIRE VACATED AREA ryo/ o / �ls N,rsbJ
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�, CITY OF DUBUQUE RESERVES A
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EASEMENT OVER THE EAST HALF
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0' 15' 30' 60'
LEGEND SCALE: 1" = 30'
• FOUND 3/4•IRON PIPE
(UNLESS OTHERWISE NOTED)
■ FOUND 5/8'ROO W/ORANGE CAP$115407 SURVEY DESCRIPTION
PLACES 5/8'IRON REROD W/ORANGE FOR THE VACATION OF PART OF EXISTING NATIONAL ST. BETWEEN LOTS B6& 85 IN
PLASTIC CAP MARKED•KOELKER 15487• MCDANIEL'S PARK HILL (AKA "PARK HILL, CITY OF DUBUQUE, IOWA 1856"), IN THE CITY OF
-----.. SURVEYED BOUNDARY UNE OF VACATED STREET DUBUQUE, IOWA.
PROPERTY LINE
ROW RIGHT OF WAY LINE COMMENCING AT THE SOUTH CORNER OF LOT B6 IN MCDANIEL'S PARK HILL(AKA "PARK
SF SQUARE FEET HILL, CITY OF DUBUQUE. IOWA 11356"), IN THE CITY OF DUBUQUE. DUBUQUE COUNTY, IOWA,
( ) RECORD DIMENSION THENCE NORTH 35'26.20" EAST ALONG THE EASTERLY LINE OF SAID LOT 86, A DISTANCE
------ CENTERLINE OF 119.26 FEET TO THE SOUTHWESTERLY RIGHT OF WAY(ROW) LINE OF BURLINGTON ST.
THENCE SOUTH 5412'20' EAST ALONG TF{E SOUTHWESTERLY ROW LINE OF BURLINGTON ST.,
NOTES A DISTANCE OF 50.00 FEET TO THE NORTH CORNER OF LOT 85 OF SAID PARK HILL;
I.ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF, THENCE SOUTH 36'26'20' WEST ALONG THE WESTERLY LINE SAID LOT 85, A DISTANCE OF
2.TOTAL AREA OF PERIMETER SURVEYED IS 5,966 SF. 119,37 FEET TO A NEW NE ROW CORNER FOR NATIONAL ST.;
3.THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. THENCE NORTH 54'04'58" WEST ALONG THE NORTH LINE OF SAID NEW ROW. A DISTANCE
4.8EARlNG IS BASED FROM NAD93,ZONE 1401,IOWA NORTH COORDINATE SYSTEM. OF 50.00 FEET TO THE POINT OF BEGINNING; CONTAINING 5,966 SQUARE FEET.
µ11111411 UII11plll, I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS V ES]NG
O"" LAND 14�1 PREPARED ANO THE RELATED SURVEY WORK WAS PERFORMED BY ME ASSOCIATES INC,
`40'• •., OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY YMCfXdBuo AND sffAI''EYOAS
8 Z, G% LICENSED_LAND 5/URV�SOB UNDER THE LAWS OF 7RE STATE OF IOWA. 1212 LOCUST Sr.DUVJOLIE.A
_E A,: TERRY LR "o' / JJ.G'��L ?/-21 .L.2 (SaD)55,D Uae
• , - TERRY L,i(COE NER (DATE) DRAWN BY: JCH CHECKED BY: 1Lx
15487 -
s. '. : a LICENSE NUMBER 87 SURVEY GATE: 4/20,24&2B/2023 PLOT DATE: 7/21/2023
. 'a M MY LICENSE RENEWALAL DATE IS DECEMBER 31,2023 DWG.ND.231D6-02 SCALE: I" 30'
'''''4I i I, INOI A�60"S„\\\` SHEET 1 OFC
SHEETS COVERED BY THIS SEAL: SHEETS 1 de 2
Sheet 2 of 3
Surveyor's Certificate
Dubuque, Iowa
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:
LOT 86A IN MCDANIEL'S PARK HILL(AKA"PARK HILL, CITY OF DUBUQUE,IOWA 1856"), in the City of
Dubuque, Iowa
This survey was performed for the purpose of subdividing and platting said real estate henceforth to be known as
LOT 86A IN MCDANIEL'S PARK HILL(AKA"PARK HILL,CITY OF DUBUQUE,IOWA 1856"), in the City of
Dubuque, Iowa.Total area of LOT 86A is 5,966 square feet. 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.
BY: ik 7/ 2 1 I/.3
Terry L. Koelker Date
Licensed Land Surveyor
License No. 15487 License Renewal Date: 12/31/23
Owner's Consent
Dubuque, Iowa C . 7 ,2023
The foregoing Plat of Survey(Vacation)of: LOT 86A IN MCDANIEL'S PARK HILL(AKA"PARK HILL,CITY OF
DUBUQUE,IOWA 1856"), 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. LOT 86A IN MCDANIEL'S PARK HILL
(AKA"PARK HILL,CITY OF DUBUQUE,IOWA 1856"),in the City of Dubuque, Iowa to be vacated.The City of
Dubuque hereby reserves a public utility easement over the entirety of said Lot 86A.The City of Dubuque hereby
reserves an access easement over the easterly half of said Lot 86A for maintenance of the public property and
utilities in the alley and street Right-of-Ways to the south of Burlington Street as shown on the attached plat.
Mayor of the Dubuque, IA
Acting Clerk of the City of Dubuque, IA
State of Iowa
}
County of Dubuque ) ss:
� ,A.D. 2023, before me,the undersi ed, a NotaryPublic in and for the State
On this day of ��,� gn
of Iowa, personally appea Brad M.Cavanagh is the Mayor and s the Clerk for the City
of Dubuque, Iowa me personally known,who being by me duly sworn did say that said Brad M. Cavanagh and
that the seal affixed to the above instrument was signed and sealed on behalf of said
Corporation by authority of its Board of Directors,and that said Brad M. Cavanagh is the Mayor and Adrienne N.
Bro tfelde;is the Clerk for the City of Dubuque, Iowa acknowledged the execution of said instrument to be the
voluntary act and deed of said Corporation by it voluntarily execute
Trish L. Gleason, Assistant City Clerk
Witness my hand and Notarial Seal on the date above written.
Notary Public in and for the State of Iowa
4�ei s CRENNA BRUMWELL
2 Commission Number 743E73
My Commission E pins
Sheet 3 of 3
City of Dubuque Planning Services
Dubuque, Iowa , 2023
The foregoing Plat of Survey (Vacation) of: LOT 86A IN MCDANIEL'S PARK HILL(AKA"PARK HILL,CITY OF
DUBUQUE, IOWA 1856"),in the City of Dubuque, Iowa was reviewed and approved by the City of Dubuque
Planning Services on the date first written above.
Wally Wernimont, City Planner
City of Dubuque,Iowa
Dubuque, Iowa 2023
,Tri5h�L. 1 aW As.si to t Ci t_y lerk
The undersigned, Brad M.Cavanagh is the Mayor an is the Clerk o the city of Dubuque,
Iowa, do hereby certify that the foregoing Plat of Survey(Vacation)of: LOT 86A IN MCDANIEL'S PARK HILL
(AKA "PARK HILL,CITY OF DUBUQUE,IOWA 1856"), in the City of Dubuque, Iowa on 1 zi-\ ' 7 I c3
as resolution a'13— and that the City Council of the City of Dubuque, lows`approves said
plat.
ayor of the it _of' ubuque, IA
Acting Clerk of the City of Dubuque, lA
City Assessor's Certificate
Dubuque, Iowa , 2023
The foregoing Plat of Survey (Vacation) of: LOT 86A IN MCDANIEL'S PARK HILL(AKA"PARK HILL,CITY OF
DUBUQUE,IOWA 1856"),in the City of Dubuque, Iowa was entered of record in the Office of the City Assessor
of the City of Dubuque, Iowa, on the date first written above.
City Assessor of the City of Dubuque, IA
County Auditor's Certificate
Dubuque, Iowa , 2023
The foregoing Plat of Survey (Vacation)of: LOT 86A IN MCDANIEL'S PARK HILL(AKA"PARK HILL, CITY OF
DUBUQUE,IOWA 1856"),in the City of Dubuque, Iowa was entered of record in the Office of the Dubuque
County Auditor this day of , 2011.
We approve of the subdivision name or title to be recorded.
County Auditor of Dubuque, Iowa
Recorder's Certificate
Dubuque, Iowa , 2023
The foregoing Plat of Survey (Vacation)of: LOT 86A IN MCDANIEL'S PARK HILL(AKA"PARK HILL,CITY OF
DUBUQUE,IOWA 1856"),in the City of Dubuque, Iowa has been reviewed by the Dubuque County Recorder.
Dubuque County Recorder