Kebbie Dr. R. Klauer,Vac & DispPrepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864
RESOLUTION NO. 464-01
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 hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the City
of Dubuque, Iowa on 21 st. day of September, 2001, the City Council of the City
of Dubuque, Iowa met on the 1 st & 15t,hday of October ,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
$13,609.00, 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 right 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 by the 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 15th
Attest:
/s/ Jeanne F. Schneider, City Clerk
day of October ,2001.
/s/ Terrance M. Duggan, Mayor
Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864
RESOLUTION NO. -01
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 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:
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 wdtten 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
$13,609.00, 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 right 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. Tdolo, Roger G. Klauer, and Kathleen M. Sullivan and Julie A.
and Rick J. Hardorff upon receipt of the purchase pdce in full.
Section 5. That the City Clerk be and is hereby authorized and directed to record
a cer[ified copy of this resolution in the office of the City Assessor, Dubuque County
Recorder and Dubuque County Auditor.
Attest:
Passed, approved and adopted this
day of ,2001.
~errance M. Dugg~'n, Mayor
/
Jeanne F. Schneider, City Clerk
Address Tax Statement: Rick J. and Julie A. Hardorff, 1565 Kebbie Drive, Dubuque, JA 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 Julia A, Hardorff
1565 Kebbie Drive
Dubuque, IA 52002
all its rights, title, and interest in the following-described real estate situated in Dubuque
County, Iowa, to-wit:
Lot 4A of Block 3 C. J. Bias 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. Bias 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 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 Torrance 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 Torrance 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, Ci1:¥ of Dubuque. 50 W. 13th Street, Dubuque, Iowa (319) 589-4270
QUiT CLAIM DEED
The City of Dubuque; iowa, a municipal corporation of Dubuque County, iowa, for Eighteen
Thousand Five Hundred Fifty*Three Dollars ($15,553.00) and other good and valuable
Kathleen M. Sullivan. Pamela A. Tdolo, and Roger G. Klauer
575 So. Fork
Waukee, IA 50263
all 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, Bios Subdivision in the City of Dubuque, Dubuque County,
Iowa
thereto, for the purpose of erecting, installing, constructing, reconstruction, repairing,
owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable and
electdc 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. Bios 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 fulfilled.
Signed this __ day of , 2001.
CiTY OF DUBUQUE, IOWA
By:
Torrance M. Duggan, Mayor
Attest:
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 Torrance 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 Torrance 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.
CITY OF DUBUQUE, IOWA
MEMORANDUM
September 17, 2001
,~e v ~ e J
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director
Vacating Petition - Kebbie Drive
(September 17, 2001 Council Item)
INTRODUCTION
The vacating of a portion of Kebbie Drive is scheduled to be set for a public hearing
at the City Council meeting of September 17, 2001.
DISCUSSION
Subsequent to the writing of my recommendation on September 6, 2001, we have
found an error in the calculation of the value of the property that is proposed to be
vacated to Pamela A. Triolo, Roger G. Klauer, Kathleen M. Sullivan, and Julie and
Rick Hardorff. The memo indicates that the value for the lot which the Council is
being asked to approved was to be $19,217.00. This error has indicated that the
correct amount should be $14,273.00.
Therefore, my recommendation contained in my September 6, 2001 memorandum
should be modified to recommend a purchase price of $14,273.00, plus platting,
filing, and application fees,
Enclosed you will find a revised resolutions of Intent of Dispose of City Interest and
a Disposing of City Interest in the Kebbie Drive vacated properties.
MAK/vjd
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. Triolo, Roger G. Klauer, and Kathleen M. Sullivan have
requested the vacating of a portion of Kebbie Drive south of Daniels Street.
Whereas, IlW 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 Ddve 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. Hardofff be contingent upon the payment of
$664.00.
Section 3. That the conveyance of Lot 5A of Block 3 C.J. Bies Subdivision in
the City of Dubuque to Pamela A. Triolo, 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.
Ter~ance M. Du~g~yor
~,/'Jeanne F. Schneider, City (~erk
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
Attest,: ,
~./'Jeanne F. S~hneider, City Clerk
dayof September ,2001.
r
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 bythe 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
day of Septemb~er ~,~, 2001.
T rrance M. Dug a 'or
Attest:
~5'~an-ne F. Schneider, City Clerk
MEMORANDUM
September 10, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Miliigen, 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
Memorandum
To: Mike Koch, Public Works Director
CC: Roger Klauer
From: Ron Turner ~
Date: 09/17/2001
Re: Kebbie Drive Vacate
This memo is written to correct the amounts to be paid for the disposal of
Kebbie Dr. right of way. The "Resolution of Intent to Dispose" is on the
agenda for tonight's Council meeting.
in calculating the amount to be paid for the property to be disposed of, I had
failed to give Mr. Klauer credit for the area of land that he is dedicating for
the construction of a future cul-de-sac. At the agreed upon value of $1.25
Per square foot, the reduction in value for this area would be $4920. This
amount should be deducted from the sale price shown in the memo and
resolutions.
Also, because of additional work necessary to establish the property lines in
the area, the survey costs have now been determined to be $1524.00.
The summary of these revisions is as follows:
Value of vacated property
$20717.00
Credit for survey and plat
$ 1524.00
Credit for cul-de-sac
$ 4920.00
Sale price for both lots
$14273.00
Therefore, in order to reconcile the above figures, Lot 5A, Block 3 of C.J.
Bies Subdivision should be disposed of for $13609.00. And the resolutions
revised accordingly. The value of Lot 4A will remain the same at $664.00
CITY OF DUBUQUE, IOWA
MEMORANDUM
September 17, 2001
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director
Vacating Petition - Kebbie Drive
(September 17, 2001 Council Item)
INTRODUCTION
The vacating of a portion of Kebbie Drive is scheduled to be set for a public hearing
at the City Council meeting of September 17, 2001.
DISCUSSION
Subsequent to the writing of my recommendation on September 6, 2001, we have
found an error in the calculation of the value of the property that is proposed to be
vacated to Pamela A. Triolo, Roger G. Klauer, Kathleen M. Sullivan, and Julie and
Rick Hardorff. The memo indicates that the value for the lot which the Council is
being asked to approved was to be 919,217.00. This error has indicated that the
correct amount should be 914,273.00.
Therefore, my recommendation contained in my September 6, 2001 memorandum
should be modified to recommend a purchase price of 914,273.00, plus platting,
filing, and application fees.
Enclosed you will find a revised resolutions of Intent of Dispose of City Interest and
a Disposing of City Interest in the Kebbie Drive vacated properties.
MAK/vjd
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 Juiie 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 $19,217.00.
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.
!
14-001 ~ 1-008~ ; o I-O01
~ g 2-oo2
II / 11 i
007 7-014~:'. X 'N ~= -'
PLAT OF SURVEY
LOT 4.A AND LOT SA, BLOCK .3, C.d. BILES SUBDIVISION,
IN THE CITY OF DUBUQUlE, IOWA
(VACATION OF PART OF KEBBllE DRIVE)
SE Corner
9g
V OoU. oo ) ~ ~'
'%NW~ Corner N89'41'307W199.98 ~ N89'41'30'W
Lot 10, (200.00') ~
AREA SUR~%D: ; 0 ~
LOT 4A = 551 S.F. ,~ ~
LOT 5A = 18,04~ S.F.
TOTAL 16,574 S.F. 0 'B ~ ~ ~ 0
o ~
J 6 ~
LEG~NB ~ ~ o m ~~ % 6
z
I PARC~ BOUND~Y ~ ~
0 S~ 5/8" IRON ROD W/
~=~.00I ~ . R=~.oo
. L=88.18(88.~6)
CH=7~.83 CH. BRG=SO0~3 ~9"W
CH. BRG=NOO'O3'49"E
NOO~3'49"E SOO~3'49"W
7.58'(7.5S') 7.59'(7.58')
/sou~ UNE OF N89'~'31~W
50.07'
~IS SURVEY IS SUBJECT TO EASEMENt, CO.NAN., GRAPHIC SCALE
RIGHTS--OF-WAY OF RECORD AND NOT OF RECORD. 0 50 100
AS A PUBLIC U~U~ EASEMENT
1" = 50'
PROPRIETOR: Cl~ OF DUBUQUE DRAWING MAY HAVE BEEN REDUCED
MEMORANDUM
September 26, 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.
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
MEMORANDUM
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 820,717.00.
A credit of $1,500.00 was deducted for surveying and platting costs, establishing
a sale price of $19,217.00.
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 819,217.00, 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. -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 bythe 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
day of ,2001.
Attest:
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
S
I00 I00 50
Z).4-N/~/.. .S--.-S.F:.. - ............................ ,~.-,- ................
!
!
,.,'~ t 4.00 i
-002
2 - 009
~ ,.,~ 2 - 002
~0-005 5-012 .
~ ~ 5 -005 C
"'' ~ 6-006
tO0 100
8-007
100 ~00 ,n x, 50 ~ r'~ O0
PLAT OF SURVEY
LOT 4A AND LOT 5A, BLOCK 3, C.J. BIES SUBDIVISION,
IN THE CITY OF DUBUQUE, IOWA
(VACATION OF PART OF KEBBIE DRIVE)
4 ~ .L ~-A=9o~'58"
Po,NTor
BEGINNING o .~ /CH-'~076 /
SE Corner ~:~. ~. / -- ' . ,
Lot ~ ~ o ~/ CH. BRG=S~58~9 E
· Block ~ Z 7' PUBUC U~U~
N89'41 '50;'W ~ N89'41"30'W
%NW Corner 199.98
Lot 10, (200.00')
~o~k;lO ~ 5 ~ ~ LOT.
~ 5A bS
AREA SUR~D: 0 ~
LOT ~A : 531 S.F.
LOT 5A ~ 16,0~5 S.F. I
TOTAL 16,574 S.F. I 0 ~ ~ ~ ~ 0
LEGEND ~ 6
0 SET 5/s" IRON ROD W/
( ) RECORD INFOR~A~ON ~ ' ~ ~ ~112~6'~"
R.O.W. RIGHT-OF-WAY ~112~0'1~"/ ~~,
R=~.O0 L=88.18(88.56)
L=88.56(88.~6} 7I 0H=74.74
0H=7~.85
~ OH. BRG=SO0~5 49"W
CH. BRG=NOO'O3'49"E
NOO'O3'49"E SOO'O3'49"W
7.58'(7.58') 7.59'(7.58')
N89'58'31"W
~ SOU~ MNE OF 50.07'
NO~ c.J. ~l~ ~D~SIO~ (50.00') NORTH
~[S SURVEY IS SUBJECT TO EASEMENTS, CO~NANTS. GRAPHIC SCALE
SEBV~DES, RESERVA~ONS, RES~IC~ONS AND
RtGH%-OF-WAY OF RECORD AND NOT OF RECORD. 0 50 100
LOT 4A. BLOCK 5 IS HEREBY RESER~D
1" = 50'
PROPRIETOR: CI~ OF DUBUQUE DRA~NG MAY HAVE BEEN REDUCED
JOHN M. % ~ r~ ltw ~e[N~S AND ~R~s,
I
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (1993), and as an express condition of rezoning of the
property described as shown in Exhibit A:
Shown in Exhibit A, and to the centerline of the adjoining public
rights-of-way, all in the City of Dubuque, Iowa.
which is the subject of Ordinance No. -01, a copy of which is attached hereto and
incorporated herein by reference, the undersigned property owners, agree to the following
conditions, all of which the property owner further agrees ara reasonable and ara imposed to
satis~ public needs which are caused directly by the rezoning:
Performance Standards: The following performance standards shall apply to the subject
property:
1) That access from Kebbie Drive to the commercial property be eliminated.
2~ That access property he_limited only Century Dn~e.~
to
the
commemial
to
-
3) That a 20-foot wide green space buffer be provided along the common boundary
with the R-1 Single-Family Residential Zoning DistricL
4)
That a six (6) foot high stockade fence with 100% opacity be installed and
.arborvitae planted along the fence with five feet spacing and a minimum of three
feet in height at planting along the common boundary with the R-1 Single-Family
'Residential District.
Reclassification the Subject Property. The City of Dubuque, Iowa may_initiate zonina
[~ proceedings to the R-4 Multi-Family Residential Zoning District (which
rezoning will include the removal of the performance standards in Section A above)~
prope~to complete any of the conditions or provisions of this Agreement.
M~cat~m~_. Any modifications of this Agreement shall be considered a zoning
--7~-I'~J~'ifi-~T~on and shall be subject to the provisions of the Zoning Ordinance governing
~n~ng reclassifications. All such modifications must be approved by the City Councit of
D)
ReCordinq. A copy of this Agreement shall be recorded with the Dubuque County
Recorder as a permanent record of the conditions accepted as part of this rezoning
approval after the adoption of Ordinance No. -01.
E)
Constmc~on. This Agm, cment shell be construed and interpreted as though itwere pert of
Appendix A of the Code of Ordinances of the City of Dubuque, also known as ~ Zoning
Ordinance of the City of Dubuque, Iowa.
F) This Agreement shall be binding upon the undersigned and his/her heirs, successor and
assignees.
~)~'~Prepared by: Laura Carstens, City Planner Address: Ci~f Hal~ 50 W. 13th Street Telephone: 589-4210
~ ¢¢*'~z-,. - ~ORD"~"CE"O' -o~
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CODE OF ORD~.ANCES OF THE C~T~ OF DUBUOUE, ~OW^~ BY RECL*SS~'I.G
HEREINAFTER DESCRIBED PROPERTY LOCATED ALONG KEBBIE DRIVE FROM R-4
MULTI-FAMILY RESIDENTIAL DISTRICT AND R-1 SINGLE-FAMILY RESIDENTIAL
DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT, WITH CONDITIONS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Appendix A (the Zoning Ordinance) of the City of Dubuque~ Code of
Ordinances is hereby amended by reclassifying the hereinafter described property as shown
in Exhibit A, and to the center tine of the adjoining public rights-of-way, all in the City of
Dubuque, Iowa, from R-4 Multi-Family Residential District and R-I Single-Family Residential
District to C-3 General Commercial District, with conditions described in the Memorandum of
Agreement.-
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning
Advisory Core, mission of the City of Dubuque, Iowa.
Section 3.
by law.
This ordinance shall take effect immediately upon publication, as provided
Passed, approved and adopted this day of ,2001.
Attest:
Terrance M. Duggan, Mayor
Jeanne F.Schneider, City Clerk
R~
N
Proposed area to be rezoned
Applicant: Roger Klauer -~. ~' ~
Proposed
Rezoning
Request
Location: 9 Vacant Lots along
the east and west sides of Kebbie
Drive
Description: To rezone property
from R-1 Single-Family Residential
District and R-4 Multi-Family
Residential District to C-3 General
~mercial District: ~~..~
MEMORANDUM
October 10, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Kebbie Drive Vacate and Century Drive Access
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.
In order to avoid permanently land-locking the newly created C-3 parcels, I would
recommend that the rezoning conditions be revised to allow a temporary access to the
site from Bies Drive. If the intersection of Century Drive and Bies Drive is ever
reconstructed to provide access from these lots to Century Drive, the property owner
will be required to move the access from the C-3 lots to Century Drive at that time.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
October 9, 2001
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director
Kebbie Drive Vacate and Century Drive Access
INTRODUCTION
This is in response to an October 1, 2001 City Council meeting referral on the issue
of proposed commercial access onto Bies Drive to the Engineering Division for
review and recommendation.
DISCUSSION
The Zoning Advisory Commission recently recommended rezoning an area at the
end of Kebbie Drive to C-3 with conditions. One condition limits access from the
C-3 parcels to Century Drive only. Access to Kebbie Drive, an unimproved
residential street, is prohibited as well. Century Drive and Bies Drive nearly overlap
at the southwest corner of this property. However, according to the recorded plat,
the right-of-way of Century Drive does not abut the rezoned C-3 parcels. This
limitation of access to Century Drive landlocks the C-3 properties.
RECOMMENDATION
In order to avoid permanently land-locking the newly-created C-3 parcels, I would
recommend that the rezoning conditions be revised to allow a temporary access to
the site from Bies Drive. If the intersection of Century Drive and Bies Drive is ever
reconstructed to provide access from these lots to Century Drive, the property
owner will be required to move the access from the C-3 lots to Century Drive at
that time. Because of the proximity of the C-3 lots to the intersection, the
driveways to these parcels may not be located in an optimal location for traffic;
however, given the configuration of the plats, and the elevation constraints, there
are limited options for access locations.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved.
Prepared by Ronald J. Turner, P.L.S.
SYLVAN [3LACE
ST.
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