Vacate Alley,Kirkwood -Alta VisCITY OF DUBUQUE, IOWA
MEMORANDUM
June 27, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Vacating Petition - Alley North of Kirkwood Street and East of Alta Vista
Street
In response to a request to vacate an alley north of Kirkwood Street and east of Alta
Vista Street, Public Works Director Mike Koch states that the City has no plans for
utilization of the alley and recommends that Lots A, B, C and D of Union Avenue
Subdivision be vacated and that a public hearing be set for the August 6, 2001.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C, Van Milligen C/'
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
June 27, 2001
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director ~ ~ ~,~
Vacating Petition - Alley North of Kirkwood Street and East of Alta Vista
Street
INTRODUCTION
This is in response to a request from Dave Clemens, representing Rick Dickinson, for
the vacating of an alley north of Kirkwood Street and east of Alta Vista Street.
DISCUSSION
The attached plat shows the alley area proposed to be vacated. The abutting properties
are owned by Dickinson, Hickey, Loras College, Priest and Wittine.
The area to be vacated is divided into four (4) lots numbered Lots A, B, C, and D of
Union Avenue Subdivision. The existing alley widths are 10 and 20 feet, on which no
public utilities exist. These alleys have not been used except for access to Lot 1 of 2 of
Union Avenue Place (Priest) and Lot 1 of 11 of Union Avenue Subdivision (Dickinson).
All abutting landowners have agreed to the vacating with the condition that the
petitioners pay all expenses.
The property.has been valued at $2,217.00. A credit for surveying and platting of
$1,496.00 established a purchase price of $721.00.
RECOMMENDATION
The City has no plans for the utilization of the alley to be vacated.
I would recommend that the areas indicated by Lots A, B, C, and D of Union Avenue
Subdivision on the attached plat be vacated, and that a public hearing be set for the
disposition of the City's interest in the subject area on August 6. I would further
recommend that the purchase price be established at $721.00, plus platting, publication
and filing fees.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and a public hearing
should be scheduled on the disposal of the property through adoption of the enclosed
resolutions and ordinance.
MAK/vjd
Prepared by Ronald d. Turner, P.L.S. ~'~\
PLAT OF SURVEY OF
LOT A, B, C AND D OF UNION AVENUE SUBDIVISION, BEING A VACATED PART
OF THE ALLEY IN UNION AVENUE SUBDIVISION, LOCATED IN THE E1/2
OFTHE SE1/4 OF SECTION 23, T89N, OF THE 5TH P.M., IN THE CITY
OF DUBUQUE, IOWA.
L ] OF
WITT!NE PLACE
~ETAIL
NO-SCALE
~ L-2 IF
%
DETAIL
NO-SCALE
L 15
,.
LEGEND
0 ~0 40 80
SCALE l' iN 40 FEET
SHEET i OF 4
Prepared by. Michaet A. Koch, Public Wo~s Director Address: 50 W. 139 Street, i3-h~!q-~1 IA 52001-4864
RESOLUTION NO. 301-01
RESOLUTION APPROVING PLAT OF PROPOSED VACATED ALLEY NORTH
OF KIRKWOOD STREET AND EAST OF ALTA VISTA IN UNION AVENUE
SUBDIVISION
Whereas, there has been presented to the City Council of the City of Dubuque,
Iowa, a plat dated June 21, 2001, prepared by Buesing & Associates, describing the
proposed vacated portion of the alley north of Kirkwood Street and east of Alta Vista in
Union Avenue Subdivision; 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 June 21, 2001, prepared by Buesing &
Associates 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 2nd day of July, 2001.
Attest:
Jeanne F. Schneider, City Clerk
Joseph T. Robbins, Mayor Pro-Tem
Preoared b~. Michaet A. Koch, Public Works Director .~ldress: 50 W. 13a b-3ree{, D,,h,,q,_,e, IA 52001-4864
ORDINANCE NO. 45-01
ORDINANCE VACATING THE ALLEY NORTH OF KIRKWOOD STREET AND
EAST OF ALTA VISTA IN UNION AVENUE SUBDIVISION
Whereas, Rick Dickinson has requested the vacating of the alley north of Kirkwood
Street and east of Alta Vista in Union Avenue Subdivision; and
Whereas, Buesing & Associates has prepared and submitted to the City Council a
plat showing the vacated portion of the alley north of Kirkwood Street and east of Alta Vista
in Union Avenue Subdivision and assigned lot numbers thereto, which hereinafter shall be
known and described as Lots A, B, C, and D of Union Avenue Subdivision, in the City of
Dubuque, Dubuque County, Iowa;
Whereas, the City Council of the City of Dubuque, Iowa has determined that the
alley north of Kirkwood Street and east of Alta Vista in Union Avenue Subdivision is no
longer required for public use, and vacating of said portions of the alley north of Kirkwood
Street and east of Alta Vista in Union Avenue Subdivision known as Lots A, B, C, and D of
Union Avenue Subdivision in the City of Dubuque, Dubuque County, 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 Lots A, B, C, and D of Union Avenue
Subdivision in the City of Dubuque, Iowa, be and the same is hereby vacated.
Passed, approved and adopted this 2nd day of July, 2001.
Joseph T. Robbins, Mayor Pro-Tem
Attest:
Jeanne F. Schneider, City Clerk
Prel:~'ed by; Michael A. Koch, Public Wor~s Director Address: 50 W. 13a Street. Dubuque, IA 52001-4864
RESOLUTION NO. 302-01
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOTS A, B,
C, AND D OF UNION AVENUE SUBDIVISION, DUBUQUE, IOWA
Whereas, Rick Dickinson has requested the vacating of the alley north of
Kirkwood Street and east of Alta Vista in Union Avenue Subdivision.
Whereas, Buesing & Associates has prepared and submitted to the City Council
a plat showing the vacated portion of the alley north of Kirkwood Street and east of Alta
Vista in Union Avenue Subdivision and assigned lot numbers thereto, which hereinafter
shall be known and described as Lots A, B, C and D of Union Avenue Subdivision in the
City of Dubuque, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has determined that this
alley north of Kirkwood Street and east of Alta Vista in Union Avenue Subdivision is no
longer required for public use, and vacating and sale of said portions of alleys known as
Lots A, B, C and D of Union Avenue Subdivision in the City of Dubuque, Dubuque
County, Iowa should be approved.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to dispose of its interest in Lots A,
B, C, and D of Union Avenue Subdivision in the City of Dubuque, Iowa.
Section 2. That the conveyance of Lot A of Union Avenue Subdivision in the
City of Dubuque, Iowa to John Bdan Priest and Dana Priest be contingent upon the
payment of $112.00, plus platting, publication and filing fees.
Section 3. That the conveyance of Lot B of Union Avenue Subdivision in the
City of Dubuque, Iowa to Richard E. Dickinson and Rae Ann Dickinson be contingent
upon the payment of $331.00, plus platting, publication and filing f~es.
Section 4. That the conveyance of Lot C of Union Avenue Subdivision in the
City of Dubuque, Iowa to John Hickey and Pamela Hickey be contingent upon the
payment of $166.00, plus platting, publication and filing fees.
Section 5. That the conveyance of Lot D of Union Avenue Subdivision in the
City of Dubuque, Iowa to Loras College be contingent upon the payment of $112.00,
plus platting, publication and filing fees.
Section 6. That the City Clerk be and is hereby authorized and directed to
cause a notice of intent to dispose of said real estate to be published in the manner as
prescribed by law.
Passed, approved and adopted this 2r~ day of July, 2001.
Attest:
Joseph T. Robbins, Mayor Pro-Tem
Jeanne F. Schneider, City Clerk
Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13~h Street, Dubuque, IA 52001-4864
RESOLUTION NO.
-01
RESOLUTION DISPOSING OF CITY INTEREST IN LOTS A, B, C, AND D OF
UNION AVENUE SUBDIVISION, 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 day of ,
2001, the City Council of the City of Dubuque, Iowa met on the day
of , 2001, at 6:30 p.m. in the Public Library Auditorium,
11th and Locust, Dubuque, Dubuque, County, Iowa to consider the proposal for
the sale of real estate described as:
Lots A, B, C, and D of Union Avenue Subdivision in the City of Dubuque,
Dubuque County, 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, except for
easement as noted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque real property described as Lot
A of Union Avenue Subdivision in the City of Dubuque, Iowa to John Brian Priest
and Dana Priest be and the same is hereby approved for the sum of $112.00 plus
cost of publication, platting and filing fees. Conveyance shall be by Quit Claim
Deed.
Section 2. That the sale of City of Dubuque real property described as Lot
B of Union Avenue Subdivision in the City of Dubuque, Iowa to Richard E.
Dickinson and Rae Ann Dickinson be and the same is hereby approved for the sum
of $331.00 plus cost of publication, platting and filing fees. Conveyance shall be
by Quit Claim Deed.
Section 3. That the sale of City of Dubuque real property described as Lot
C of Union Avenue Subdivision in the City of Dubuque, Iowa to John Hickey and
Pamela Hickey be and the same is hereby approved for the sum of $166.00 plus
cost of publication, platting and filing fees. Conveyance shall be by Quit Claim
Deed.
Section 4. That the sale of City of Dubuque real property described as Lot
D of Union Avenue Subdivision in the City of Dubuque, Iowa to Loras College be
and the same is hereby approved for the sum of 9112.00 plus cost of publication,
platting and filing fees. Conveyance shall be by Quit Claim Deed.
Section 5. 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 Priest, Dickinson, Hickey, and Loras College upon
receipt of the purchase price in full.
Section 6. That the City Clerk be and is hereby authorized and directed to
record a certified copy of this resolution in the office of the City Assessor,
Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this day of
2001.
Attest:
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
LAW Ot~FICES OF
REYNOLDS & IiW NLINE, L.L.P.
LEO A. M~C~I~THY
DAVID L.
WILLIAM J. MA.IP~v~
CI-IADW~lq D. COX*
~ I. S~V~
~FF~Y
PA~
~IF~ ~ ~NS~ONLON
TODD H,
SUITE 222 FISCHER BUILDING
P,O. BOX 239
DUBUQUE, IOWA 52004-02,39
T~3]~?HONE: (319) 556-8000
FAX: (319) 556-8009
3une 26, 2001
Tho Honorable Mayor Terzy Duggan &
Members of the City Council
~ty Hall
1~~ & C~atral Ave.
Dubuque, Iowa 52001
D~ar Ladies & Gentlemen:
I represent Mr. and Mrs, Rick Dickerson and their neighbom concerning their request that
the City abandous an alley pursuant to the attached plat, We would anticipate that if you
abandon the alley you will then adopt the plat ~nd then transfer, by Deed, the different lots to the
adjoining property owners. A vadttcn consent from the ndghbors will be forth coming.
We will be more than happy to work with City staffaud if need be, prepare the Deeds,
etc. If you h~ve any questions, please do not hesitate to contact me. Thank yom
Sincerely,
David L. Clemens
DLC.~k