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Kebbie Drive Vacating PetitionMEMORANDUM September 10, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Vacating Petition - Kebbie Drive In response to a request from Roger F. Klauer to vacate a portion of Kebbie Drive south of Daniels Street, Public Works Director Mike Koch states that the City has no plans for the utilization of that portion of Kebbie Drive, except for reserving the utility easements as noted, and recommends approval of the request to vacate and that a public hearing be set for October 1, 2001. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Michael A. Koch, Public Works Director CITY OF DUBUQUE, IOWA MEMORANDUM September 6, 2001 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Michael A, Koch, Public Works Director Vacating Petition - Kebbie Drive INTRODUCTION This is in response to a request from Roger F. Klauer, representing his three children (Sullivan, Triolo, and Klauer, Roger G.), for the vacating of a portion of Kebbie Drive south of Daniels Street. DISCUSSION The attached plat shows the portion of Kebbie Drive to be vacated. The abutting properties are owned by Pamela A. Triolo, Roger G, Klauer, Kathleen M. Sullivan, and Julie A. and Rick J. Hardorff, The area to be vacated is divided into two lots numbered Lot 4A of Block 3 C.J. Bies Subdivision and Lot 5A of Block 3 C.J. Bies Subdivision. Kebbie Drive is an existing 50-foot wide street on which a sanitary sewer crosses. Perpetual easement rights will be reserved on the entire Lot 4A and the northern portion of Lot 5A for maintenance of the existing sanitary sewer and other utilities. The property has been valued at $1.25 per square foot, for a total of $20,717.00. A credit of $1,500.00 was deducted for surveying and platting costs, establishing a sale price of 819,217.00. RECOMMENDATION The City has no plans for the utilization of the portion of Kebbie Drive to be vacated, except for reserving the utility easements as noted. I would recommend that the areas indicated by Lot 4A of Block 3 C.J. Bies Subdivision and Lot 5A of Block 3 C.J. Bies 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 October 1, 2001. I would further recommend that the purchase price be established at $19,217.00, 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 J. Turner, P.L.S. Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. 423-01 RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF KEBBIE DRIVE SOUTH OF DANIELS STREET Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated September 5, 2001, prepared by IIW Engineers & Surveyors, P.C., describing proposed vacated portion of Kebbie Drive south of Daniels Street; 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 September 5, 2001, prepared by IIW Engineers & Surveyors, P.C., 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 and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on said plat. Section 3. 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 17th Attest: day of September ... , 2001. Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk o,~ I00 I00 50 i~ 2-009 , 5-005 C 8 · , ~ 375 PLAT OF SURVEY LOT 4A AND LOT 5A, BLOCK 3, C.d. BIES SUBDIVISION, IN THE CITY OF DUBUQUE, IOWA (VACAllON OF PART OF KEBBIE DRIVE) BEGINNING ph[ /CH-~ 76 / 99.gg' 0o~.oo') ~o:oo~ 4 ~- (~00.00') 99 99' / 50 07' N89'41'30"W ~ NBg'&l'30'W ~NW Corner 199.98' Lot ~0, (200.003 mook310 ~ 5 ~X ~ LOT ~ 5A AREA SUR~D: 0 ~ LOT 4A = 55~ S.F. ~ LOT 5A = 16,043 S.F. ¢ TOTAL ~ ~6,574 S.F. 0 ~ g ge x ~ 6 LEGEND ~ ~ Z ~ PARCEL BOUNDARY ~ ~ ~ ~ POUND 1" IRON PiPE UNLESS NOrD 0 S~ 5/8" IRON ROD W/ ( ) RECORD INFORMA~ON E.O.W. RIGHT--OF-WAY R=45.00~112'30'13" ~ ~ R=45.00 ~ ' A~ L=8S.18(88.36) ~IS SURLY IS SUBJECT TO EASEMENTS, COVENANt, SERa. DES, RESERVA~ONS, RES~IC~ONS AND GRAPHIC SCALE RIGHTS--OF-WAY OF RECORD AND NOT OF RECORD. 0 50 100 LOT 4A, BLOCK 5 IS HEREBY RESER~D AS A PUBLIC U~M~ EASEMENT 1"= 50' PROPRIETOR: CI~ OF DUBUQUE DRAWING MAY HAVE BEEN REDUCED SUR~D FOR: ROGER KLAUER DA~ OF SURLY: 08--21--01 = o ~ LS 12631 ~ ~ ~ ~ ~ -- ¢ ~ O ¢ euttenberg' Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 ORDINANCE NO. 59-01 ORDINANCE VACATING A PORTION OF KEBBIE DRIVE SOUTH OF DANIELS STREET Whereas, Pamela A. Triolo, Roger G. Klauer, and Kathleen M. Sullivan have requested the vacating of a portion of Kebbie Drive south of Daniels Street; and Whereas; IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the vacated portion of Kebbie Drive south of Daniels Street and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 4A and Lot 5A of Block 3 C.J. Bies Subdivision in the City of Dubuque, Dubuque County, Iowa; Whereas, the City Council of the City of Dubuque, Iowa has determined that portion of Kebbie Drive south of Daniels Street is no longer required for public use, except for utility easements as noted, and vacating of said portion of Kebbie Drive south of Daniels Street known as Lot 4A on said plat and Lot 5A of Block 3 C.J. Bies 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 Lot 4A of Block 3 C.J. Bies Subdivision and Lot 5A of Block 3 C.J. Bies Subdivision in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the plat of survey of Lot 4A and 5A of Block 3 C.J. Bies Subdivision. Passed, approved and adopted this 17th day of Attest: ~ Jeanne F. Schneider, City Clerk September ,2001. Terrance M. Duggan, Mayor Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. 422-01 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 4A OF BLOCK 3 C.J. BIES SUBDIVISION AND LOT 5A OF BLOCK 3 C.J. BIES SUBDIVISION, DUBUQUE, IOWA Whereas, Pamela A. Tfiolo, Roger G. Klauer, and Kathleen M. Sullivan have requested the vacating of a portion of Kebbie Drive south of Daniels Street. Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the vacated portion of Kebbie Drive south of Daniels Street and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 4A of Block 3 C.J. Bies Subdivision and Lot 5A of Block 3 C. J. Bies Subdivision in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of Kebbie Drive south of Daniels Street is no longer required for public use, except for utility easements as noted on said plat, and vacating and sale of said portions of alleys and streets known as Lot 4A of Block 3 C.J. Bies Subdivision and Lot 5A of Block 3 C. J. Bies 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 Lot 4A of Block 3 C.J. Bies Subdivision and Lot 5A of Block 3 C. J. Bies Subdivision in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot 4A of Block 3 C.J. Bies Subdivision in the City of Dubuque to Julie A. and Rick J. Hardorff be contingent upon the payment of $664.O0. Section 3. That the conveyance of Lot 5A of Block 3 C.J. Bies Subdivision in the City of Dubuque to Pamela A. Tdolo, Roger G. Klauer, and Kathleen M. Sullivan be contingent upon the payment of $13,609.00, plus platting, publication, and filing fees. Section 4. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the plat of Survey of Lot 4A and Lot 5A of Block 3 C.J. Bies Subdivision. Section 5. 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 17th day of Attest: September ,2001. Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -0'1 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 4A OF BLOCK 3 C.J. BIES SUBDIVISION AND LOT 5A OF BLOCK 3 C.J. BIES SUBDIVISION, DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of headng, 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: Lot 4A of Block 3 C.J. Bies Subdivision and Lot 5A of Block 3 C.J. Bies 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 4A of Block 3 C.J. Bies Subdivision in the City of Dubuque, Iowa to Julie A. and Rick J. Hardorff be and the same is hereby approved for the sum of $664.00. Conveyance shall be by Quit Claim Deed. Section 2. That the sale of City of Dubuque real property described as Lot 5A of Block 3 C.J. Bies Subdivision in the City of Dubuque, Iowa, to Pamela A. Triolo, Roger G. Klauer, and Kathleen M. Sullivan be and the same is hereby approved for the sum of $18,553.00, plus the cost of publication, platting, and filing fees. Conveyance shall be by Quit Claim Deed. Section 3. The City of Dubuque reserves unto itself a perpetual easement including the dght of ingress and egress thereto, for the purpose of erecting, installing, construction, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electdc lines as may be authorized bythe City of Dubuque, Iowa, as shown in the Plat of Survey of Lot 4A and Lot 5A of Block 3 C.J. Bies Subdivision. Section 4. That the Mayor be authorized and directed to execute Quit Claim Deeds, and the City Clerk be and is hereby authorized and directed to deliver said deeds of conveyance to Pamela A. Triolo, Roger G. Klauer, and Kathleen M. Sullivan and Julie A. and Rick J. Hardorff upon receipt of the purchase price in full. Section 5. 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. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Ronald J. Turner, CAy of Dubuque, 50 W. 13th Street. Dubuque, Iowa (319) 589-4270 Address Tax Statement: Rick J. and Julia A. Hardorff, 1565 Kebbie Drive, Dubuque, IA 52002 QUIT CLAIM DEED The City of Dubuque, Iowa, a municipal corporation of Dubuque County, Iowa, for Six Hundred Sixty Four and 00/100 Dollars ($664.00) and other good and valuable consideration, does hereby Quit Claim unto: Rick J. and Julie A, Hardorff 1565 Kebbie Drive Dubuque, IA 52002 all its rights, title, and interest in the following-described rea] estate situated in Dubuque County, Iowa, to-wit: Lot 4A of Block 3 C. J. Bies Subdivision in the City of Dubuque, Dubuque County, Iowa The City reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstruction, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable and electric lines as may be authorized by the City of Dubuque, iowa, as shown on the plat of survey of Lot 4A and Lot 5A in Block 3 C. J. Sies Subdivision. No declaration of value is required according to Iowa Code Section 428A.1. This deed is given pursuant to the authodty of Resolution No. of the City of Dubuque, adopted , 2001, the terms and conditions thereof, if any, having been fulfilled. Signed this -- day of , 2001. CITY OF DUBUQUE, iOWA By: Terrance M. Duggan, Mayor By: Jeanne F. Schneider, City Clerk STATE OF IOWA ) ) ss DUBUQUE COUNTY ) On this __ day of , 2001, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Terrance M. Duggan and Jeanne F. Schneider, 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, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate sea[ of said corporation, by the authority of its City Council, as contained in Ordinance No. 2-5 of the City of Dubuque Code of Ordinances, passed by Resolution of the City Council under Resolution No. of the City Council on the day of , 2001; and Terrance M. Duggan and Jeanne F. Schneider acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public In and For Said State. Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (319) §89~4270 QUIT CLAIM DEED The City of Dubuque, iowa, a municipal corporation of Dubuque County, Iowa, for Eighteen Thousand Five Hundred Fifty-Three Dollars (~18,553.00) and other good and valuable consideration, does hereby Quit Claim unto: Kathleen M. Sullivan, Pamela A. Tdolo, and Roger G. Klauer 575 So. Fork Waukee, IA 50263 ail its rights, title, and interest in the following-described real estate situated in Dubuque County. Iowa, to-wit: Lot 5A of Block 3 C. J. Bies Subdivision in the City of Dubuque, Dubuque County, Iowa The City reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstruction, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the plat of survey of Lot 4A and Lot 5A in Block 3 C. J. Bies Subdivision. No declaration of value is required according to Iowa Code Section 428A.1. This deed is given pursuant to the authority of Resolution No. of the City of Dubuque, adopted ; 2001, the terms and conditions thereof, if any, having been fulfil[ed. Signed this __ day of ,2001. CITY OF DUBUQUE, IOWA By: Terrance M. Duggan, Mayor By: Jeanne F. Schneider, City Clerk STATE OF IOWA ) ) ss DUBUQUE COUNTY ) On this __ day of , 2001, before me, the undersigned, a Notary Public in and for the State of iowa, personally appeared Terrance M. Duggan and Jeanne F. Schneider, 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, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, by the authority of its City Council, as contained in Ordinance No. 2-5 of the City of Dubuque Code of Ordinances, passed by Resolution of the City Council under Resolution No. of the City Council on the __ day of , 2001; and Terrance M. Duggan and Jeanne F. Schneider acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public In and For Said State.