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Petition to Vacate a portion of National Street, 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 Items to be set for Public Hearing # City Council Meeting 01. ITEM TITLE: Petition to Vacate a portion of National Street, in the City of Dubuque, lowa for Vacating Petition (Agreement Between City of Dubuque and Dennis R. Walker) SUMMARY: City Manager recommending City Council set a public hearing forAugust 21, 2023, for the vacation of and disposal of city interest in the right of way property described as Lot 86A in McDaniel's Park Hill (AKA"Park Hill, City of Dubuque, lowa 1856), in the City of Dubuque, lowa. RESOLUTION Of I ntent to Vacate and Dispose of a 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), in the City of Dubuque, lowa SUGGESTED Receive and File;Adopt Resolution(s), Set Public Hearing forAugust DISPOSITION: 21, 2023Suggested Disposition: ATTACHMENTS: Description Type MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions Notice of Hearing Supporting Documentation Vacate Plat Supporting Documentation Vacate Agreement Supporting Documentation Dubuque THE CITY QF � All-Meriea Ciry DLT B E ; . � . � �� � � MaSt� Z�C� aYd t�Q Mt55ZSSZ Z zoa�•zoiz•�ai3 YP pp za��*zai� TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Petition to Vacate a portion of National Street, 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 set a public hearing for August 21, 2023, for the vacation of and disposal of city interest in the right of way property described as Lot 86A in McDaniel's Park Hill (AKA "Park Hill, City of Dubuque, lowa 1856), in the City of Dubuque, lowa through adoption of the enclosed resolution. 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 agreed upon price for the vacation and sale of the 6,000 square feet of National Street right of way area is $1.00. 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. 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. 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 Nate Kieffer, PE/PLS John Klostermann, Public Works Director 2 Dubuque THE CITY OF � All•pn�eriea Ci� D y i/ L 4;I1�NWLQ�N:1 Fn.J.F 1 � I � I' MAste 12CE 01Z t�1e MiS81SS1 1 zoo�•zoiz=zois �P pp �oi�*zot9 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Petition to Vacate a portion of National Street, in the City of Dubuque, I owa 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 a public hearing should be held on August 21, 2023 for the vacation of and disposal of city interest in the right of way property. ACTION TO BE TAKEN I respectfully request that a public hearing be held on August 21, 2023, for the vacation of and disposal of city interest in the right of way property described as Lot 86A in McDaniel's Park Hill (AKA "Park Hill, City of Dubuque, lowa 1856), in the City of Dubuque, lowa through adoption of the enclosed resolution. Prepared by Nate Kieffer, PE/PLS cc: John Klosterman, Public Works Director 2 Prepared by Nate Kieffer,C1ty of Dubuque Engineering 50 W. 13'h St.Dubuque, 1A 52001 Return to Adrienne N.Sreitfelder,City Clerk,City of Dubuque 50 W. 13`"St. Dubuque, IA 52001 RESOLUTION NO. 250-23 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF A 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, per Resolution No. 225-23 the City of Dubuque has entered into an agreement with Dennis R. Walker for the conveyance of City Owned property including a portion of National Street, in the City of Dubuque, Iowa; and Whereas, Dennis R. Walker has requested the vacation of a portion of National Street and the conveyance of the property to Dennis R. Walker per said agreement; and Whereas, Buesing and Associates Inc. has prepared and submitted to the City Council a plat showing the proposed vacated area of National Street, in the City of Dubuque, Iowa and assigned a lot number thereto, 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. 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 Lot 86A in McDaniel's Park Hill (AKA "Park Hill, City of Dubuque, Iowa 1856), in the City of Dubuque, Iowa. Section 2. That a public hearing, and/or by virtual means, on the intent to vacate and dispose of Lot 86A in McDaniel's Park Hill (AKA "Park Hill, City of Dubuque, Iowa 1856), in the City of Dubuque, Iowa is hereby set for the 21st day of August, 2023, 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 7th day of August 2023. grad . a nagh, Mayor Attest: --'q-602eJ<3E5,— Trish L. Gleason, Assistant City Clerk CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, lowa will hold a public hearing on the 21 St day of August 2023 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, 2nd floor, Dubuque, lowa, at which meeting the City Council proposes to vacate and convey a portion of the National Street right of way over the following described real property to Dennis R. Walker: A portion of the National Street known as Lot 86A in McDaniel's Park Hill (AKA "Park Hill, City of Dubuque, lowa 1856), in the City of Dubuque, lowa 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. 13t" 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 lowa by dialing 711 or (800) 735-2942. Published by order of the City Council given on the 7t" day of August 2023. Adrienne N. Breitfelder, CMC City Clerk Plat of Survey (Vaca�ion) of: LOT 86A IN MCDANIEL'S PARK HILL (AKA "PARK H1LL. CITY OF DUBUQU�, IOWA 1856"), in the City of Dubuque, lowa FQR THE VACATIOfV OF PART OF EXlSTING NATIOfVAL 5T. BETWEEN LOTS B6 & 85 IN MCDANIEL'S PARK HILL INQEX LEGENd �ocation: Lot 8fiA in Mc�aniel's Park Hill(aka"Park Hif1,City of Dubuque,lowa 1856"), in the City of Dubuque,lowa E112 of Seciion 14,T89N,R2E ofthe 5th P,M.,Dubuque County,lowa Requestor: ❑ennis Walker �roprietor of Natfonal St: City of Dubuque 50 W 13th Si �ubuque,IA 52001 Surveyar Terry L.Koelker Company: Buesing 8 Associa[es,Inc- 1212 Locusf St„Dubuque,IA 52041 Retum To, tEkaelker buesin wm (563�556 4389 PREPAREo ev: euES�NC & nssocjn�s nooRESS: t2i2 �oc�sr 57tzEE7, � 9� �UBUQUE, IOWA PHONE: (563) 556-4389 NOTE 7H15 Sl1RVEY 15 COMPRISE� OF� PART OF EXISTING NATIDNAL ST. BETWEEN LOTS 86 & 85 IN IvECQANIEL'S PARK HILL (AKA "PARK HILL, CITY OF pL1Bl1QUE, IOWA 1856'�), IN THE CITY OF �U811QL1E, IOWA 9 h• �QO� \. 5C'k aF� \� / LJ� / i � ��� . �c�,�e � ��'v O�� � li,�,� ,���•� � / �S�y cTO�,� ��L � � \?°' `5'�.�� /� Os� \ �� �s�,`\ � �� � � \gs�8� ���J \ � �oT z-s� oF ryo � ' < MCDANIEL'S � � � `� / PARK HILL �^�O Q��� � qSpy �` � � 4< \\ � o-i, � oP��� � s`s�y� T ST'�FF�'\�\ \ � �,;� �ti LOT 86 OF 2?\ �\ oF MCDANfECS � � F�\ �' ,� PARK HILL i S O \� ,� / ��D•�� o ; � rsO1 `�, � � ^ry� GRASS �� � �'ss�y �` �/ ,? i ?� \ CITY aF QUBUQUE RESERVES A ,��j \Q= /1.2fi' \ o•� � PUBLIC UTILITY EASEMENT OVER ,� � �2`' � S S 4 , � THE ENTIRE VACATED AREA �o � o��' / ��s \�epJ / �� ��%' LOT 8fiA /,� '��� NSR� � 5,966 SF �,�ryo q b�s\ /�^` �,.PIPE�N\ � <<Fr � �� � � �^�� � ���, �so�� ; �• �� \ 'p� r�8 J� / /o \ �J \ i ' `�ry ,yro LOT 85 OF � � GRA55 / �C�ANIEL'S � GRASS � y PARK HILL \ '�'sg. � bR� �s• , 'S8•� i � � CITY OF DUBUQUE R�SERV�S A / ��• S�Do�s` _i MAINTENAEVCE ACCESS / �vo�, oj\�/ EASEMENT QVEf� THE EAST HALF = OF THE VACATED AR�A �°�� P�°� \ � / � � /� � / GRASS / �j� GRASS � � � O� � \ � 0' 15' 3d� 60� �EGEND SCALE: 1" = 30' • FOUN� 3/4" IRPN PIPE (UNLE55 OTHERWISE NOTED) � FouN� 5/a" Roo w/oR.aNCE cna ptsaa� SURVEY DESCRIP710N FOR THE VACATION qF PART OF EXISTING NATIONAL ST. �ETWEEN L07S $6 & 85 IN P�nc�o s/a" iRON RERoo w/oR,aNCF f�C�ANIEL'S PARK HILL {AKA "F'ARK HILL, CITY OF pUBUqUE, IOWA 1856"), IN THE CITY OF � PLASIIC CAP MARKE� "KOELKER 15467" ----+��+T SURVEYEO 80UN�ARY LINE OF VACATEP SiREET fl�BUQUE, IOWA. PROPER7Y LINE _ ROW RicHr oF wAr �WE COMMENCING AT THE SOUTH CORNER aF LDT 86 IN MC�ANIEL'S PARK HILL {AKA "PARK sF 54uARE FEET HILL, CITY OF �UBUQUE, IOWA 1856"), IN THE CITY OF DUBUQUE, Dl1BUQUE COUNTY, IOWA, ( ) RECOR� �IMEh1SION THENCE NORTH 36'2fi'20" EAST ALONG THE EASTERLY LINE OF SAI� LOT Bfi, A �ISTANCE ------ cENTERUNE OF 119.25 FEET TO THE SOUTWW£STEftLY RIGHT OF WAY (ROW) LINE OF BURLINGTON ST. THENCE SOIJTH 54'12'20' EAST ALONG THE SQl1THWESTERLY ROW LINE OF Bf1RLINGTON ST., NOTES A ��STANCE OF 5Q�0 FEET TO TH� NORTH CORNER OF LOT $5 OF SAID PARK HILL; i.A�� MEnSUREMEhfTS ARE 1r� r�Er ANp o�aMn�s rw�REOF. THENCE SOl1TH 36'26'20" WEST ALONG 7HE WESTERLY LINE SAI� LOT 85, A �ISTANCE OF 2.TDTAL AREA OF PEI2IMETER SIJRUEYEO IS 5,966 SF- 119.37 FEET TO A N�W NE ROW GORNER FOR NATIaPIAL ST.; 3.TN15 PLAT �5 sue�Eci 7o A�� EaSEMENTS OF RECaR6 AN6 NO'r 4F REcoRo. THENCE NORTH 54'D4'58° WEST ALONG THE NOftTH LINE OF SAID NEW ROW, A 015TANCE a.eEAftING IS BASE� FROM NA�83. ZON� 1401, iowA NORiH COOR�INATE SYSTEM. OF 50.00 FEET TO THE POINT OF BEGINNkNG; CONTAINING 5,9Bfi SQUARE FEE7. \,\\��»t55tiYIIIII1Hl�ry����//// I HEREBY CERTIFY THAT Ti-EIS LAND SURVEYING �OCl1MENT WAS �VESING PftEPARE� AN� TNE RELATED SURVEY WORK WAS PERFORIvIE6 BY ME �`��O,o��DeoS�,% OR 11N�ER MY �IREC7 PERSONAL SVPERVISION AN� THAT I AIN A DULY ASSOCIATES INC. i 6NCJN6SRS AN➢SUR�YbRS �_�;� `O;rL! LICE�fSE� LAND SURVEXpR UNO£R TH� LAN75 OF THE 5TATE OF IOWA. �p�p LOC�ST ST, 0uellqllE, In �V e TERRY L �� , � .:' _, (563) 556-4384 = KOELKER o0= ;�'_`"�_- � i � � �� _ �/ .' =}� �A s �! f����=�'"'�� �RAN'N BY: JCH CHECKEO BY'. TLK - � 154g7 � TERRY L,:kOELICER (OATE) � LICENSE ldl1MBER 75497 Sl1RVEY �ATE: 4/20, 24 & 28/2023 P�OT �ATE: 7/21/2023 '���� � �� MY LICEPlSE RENEWAL �ATE IS �ECEMBER 31, 2023 �WG. NO- 2310fi-02 SCALE: 1" = 30� ��`'°�����r„'��,°�,",'�",��,,,°•°�° S H E E T 1 0 F 3 SHEETS COVERED BY THIS SEAL : SHEETS 1 & 2 Sheet 2 of 3 Survey_or's_Certificate Dubuque, lowa I, Terry L. Koelker, a Duly Licensed Land Sur�eyor in the State of �owa, do her�by cer�ify that the following real estate was s�rveyed and platted by rne or under my direct personal �upervision, To Wit: LOT 86A IN MCDANIEL'S PARK HlLL (AKA "PARK HILL, CITY OF DUBUQUE, IOWA 1856"), in the City of Dubuque, lowa This sur�ey was performed for the purpose af subdi�id�ng and platting said real estat� h�nceforth to be known as LOT 86A IN MCDANIEL'S PARK HILL (AKA "PARK HILL, CITY OF DUBUQUE, IOWA 1856"), in the City of D�buque, lowa. Total area of LOT 86A is 5,9ffi square feet. Lot areas are, more or less, and all Lots are subject to easerr�ents, reservations, restrictions, and rights-of-way of record and not of record, the plat of which is attached hereta and rnade a part of this certificate. BY: �' --i._. _-�/ � i ;: . : .; Terry L. Koelker Date Licensed Land Surveyor License No. 15487 License Renewa! Date: 12/31/23 Owner's Consent Dubuque, lowa , 2023 The foregoing Plat of Sur�ey (Vacafion) of: LOT 86A !N MCDANlEL'S PARK HIL� (AKA "PARK HILL, CITY OF ' DUBUQUE, IOWA 1856"), in the City of Dubuque, lowa is made with the free consent and in accordance with the desires of the undersigned owners and propri�tors of said real estate. LOT 86A IN MCDANIEL'S PARK HILL (AKA "PARK HILL, CITY OF DUBUQUE, IOWA 185fi"}, in fihe City of Dubuque, lowa to be �aca��d. The City of D�buque hereby reserves a public utiiity �asement o�er the entirety of said Lot 86A. The City of Dubuque hereby reserves an access easement o�er the easterly half of said Lot 86A for mair�tenance 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 City af Dubuque, IA Acting CEerk of the City ofi Dubuque, lA State of lowa } } County of Dubuque ) ss: O1l tI115 day of , A.D. 2023, before me, the undersigned, a Notary Public in and for the State of lowa, personally appearad Brad M. Cavanagh is #he Mayor and Adrienne N. Breitfelder is the Clerk for the City of Dubuque, lowa me personally known, who being by me duly sworn did say that said Brad M. Ca�anagh and Adrienne N. Breitfelder 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. Ca�anagh is the Mayor and Acirierrne N. Breitfelder is the Clerk for the City of Dubuque, fowa acknowledged the ex�cution of said instrument to be #he �oluntary act and deed of said Corparation by it voluntarily executed. Witness my hand and Notarial Seal on the date abo�e written. Notary Pub[ic in and for the State of lowa Sheet 3 of 3 Citv of Dubuque Planninq Services Dubuque, lowa , 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, lowa was reviewed and approved by the City of Dubuque Planning Services on the date first written above. Wally Wernimont, City Planner Citv of Dubuque, lowa Dubuque, lowa , 2023 The undersigned, Brad M. Cavanagh is the Mayor and Adrienne N. Breitfelder is the Clerk of the City of Dubuque, lowa, 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, lowa on as resolution and that the City Council of the City of Dubuque, lowa approves said plat. Mayor of the City of Dubuque, IA Acting Clerk of the City of Dubuque, IA Citv Assessor's Certificate Dubuque, lowa , 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, lowa was entered of record in the Office of fhe City Assessor of the City of Dubuque, lowa, on the date first written above. City Assessor of the City of Dubuque, IA Countv Auditor's Certificate Dubuque, lowa , 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, lowa 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, lowa Recorder's Certificate Dubuque, lowa , 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, lowa has been reviewed by the Dubuque County Recorder. Dubuque County Recorder