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 �
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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 �
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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
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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
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�� ��%' LOT 8fiA /,� '���
NSR� � 5,966 SF �,�ryo
q b�s\ /�^` �,.PIPE�N\
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� ���, �so�� ; �• ��
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,yro LOT 85 OF
� � GRA55 / �C�ANIEL'S
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� 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