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Kerper Vacate Oarka - HawkeyeCITY OF DUBUQUE, IOWA MEMORANDUM January 30, 2001 TO: FROM: SLrBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Vacating Petition - Kerper Boulevard Public Works Director Mike Koch is recommending that a public hearing be set for February 19, 2001, to consider vacating a portion of Kerper Boulevard indicated by Lot 2A of Bradley Place on the attached plat. I concur x~dth the reconunendation and respectfully requ~es~/M~ayor and C,'~ Council approval. M~chael C. Van Milligen MCVM/jh Attachment cc: Barry LindahI, Corporation Counsel Tim Moem~an, Assistant City Manager Michael A. Koch, Public Works Director TO: CITY OF DUBUQUE, IOWA SUBJECT: MEMORANDUM January 29, 2001 Michael C. Van Milligen, City Manager FROM: Michael A. Koch, Public Works Director Vacating Petition - Kerper Boulevard INTRODUCTION This is in response to a request from Alien J. Becker, representing Oarka Corp., a/k/a Hawkeye Boat Sales & Service, inc. for the vacating of a portion of Kerper Boulevard. DISCUSSION The attached plat shows the proposed portion of Kerper Boulevard to be vacated. The abutting properties are owned by Oarka Corp., a/k/a Hawkeye Boat Sales & Service, Inc. The area to be vacated is divided into one 20-foot wide lot numbered Lot 2A of Bradley Place in the City of Dubuque, Iowa. Lot 2A of Bradley Place is a portion of the existing 175-foot wide public right-of-way on which public utilities can exist. Perpetual easement rights will be reserved on the entire Lot 2A of Bradley Place for maintenance of any existing and future public and private utilities. With reservation of the entire lot for utility easements, the property has been valued at $1.25 per square foot, for a total of (;5,750. A credit for surveying and platting of $450 established a purchase price of $5,300. RECOMMENDATION The City has no plans for the utilization of this portion of Kerper Boulevard to be vacated, except for reserving the utility easements as noted. t would recommend that the area indicated by Lot 2A of Bradley Place 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 February 19, 2001. I would further recommend that the purchase price be established at (;5,300, 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. Prepared by Ronald J. Turner, PLS Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13m Street, Dubuque, IA 52001-4864 RESOLUTION NO. 40-01 RESOLUTION APPROVING PLAT OF A PORTION OF KERPER BOULEVARD Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated January 12, 2001 prepared by IIW Engineers & Surveyors, PC, describing the proposed vacated portion of Kerper Boulevard. 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 January 12, 2001, prepared by IIW Engineers & Surveyors, PC 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. 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. 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 5th __ day of February ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13t~ Street, Dubuque, IA 52001-4864 RESOLUTION NO. 41-01 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 2A OF BRADLEY PLACE, DUBUQUE, IOWA Whereas, Allen J. Becker representing Oarka, Corp., a/k/a Hawkeye Boat Sales & Service, Inc. has requested the vacating of a portion of Kerper Boulevard. Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the vacated portion of Kerper Boulevard and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 2A of Bradley Place in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this pot[ion of Kerper Boulevard is no longer required for public use, except for utility easements as noted, and vacating and sale of said Lot 2A of Bradley Place 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 2A of Bradley Place in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot 2A of Bradley Place in the City of Dubuque, Iowa to Oarka, Corp., a/k/a Hawkeye Boat Sales & Service, Inc. be contingent upon the payment of $5,300.00 plus platting, publication and filing fees. 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, 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. Section 4. 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 5th day of February, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk 50 0 50 Feet PROPOSED VACATE HAWKEYE BOAT VACATE Luksetich/Smith ARC, Inc McGraw-Hill Hawkeye Boat Sales Blvd. Vacates PLAT OF SURVEY LOT 2A OF BRADLEY PLACE IN THE CITY OF DUBUQUE, IOWA DESCRIPTION: THE VACATED 20-FOOT WIDE PORTION OF KERPER BOULEVARD LYING EASTERLY OF AND ADdACENT TO LOT 2 OF BRADLEY PLACE IN THE CITY OF DUBUQUE, IOWA. / / BLOCK 15 'N. RIVER FRONT SUB. NO. 3 ~ ~' --~ LINE KERPER / /. / BRADLEY PLACE LOT ~ ~ a~ ~A/ / LINE FOR / NORTH / LEGEND PLAT BOUNDARY GRAPHIC SCALE a FOUND IRON ROD 0 100 200 O SET 5/8" IRON ROD I" = 200' ( ) ~[co~ D~UENS~ON DRAWING MAY HAVE BEEN REDUCED R.O.W. RIGHT-OF-WAY SUR~YED FOR: A.J. BECKER PROPRIETOR: CiTY OF DUBUQUE Sheet 2 of 3 SURVEYOR'S CERTIFICATE I, John M. Tmnmer, hereby certify that I am a Licensed Land Surveyor in the State of Iowa, and that the following tract of reaI estate was surveyed and platted by me or under my direct personal supervision, To Wit: The vacated 20-foot wide portion of Kerper Boulevard lying Easterly of and adjacent to Lot 2 of Bradley Place in the City of Dubuque, Iowa, more particularly described as follows: Beginning at the Southeasterly comer of said Lot 2 of Bradley Place; Tbenee North 32 degrees 06 minutes 56 seconds East along the Easterly line C~Vesterly right-of-way line of Kerper Boulevard) of said Lot 2 of Bradley Place, 230.00 feet to the Northeasterly comer of said Lot 2; Thence South 57 degrees 01 minutes 22 seconds East, 20.00 feet; Thence South 32 degrees 06 minutes 56 seconds West, 230.15 feet; Thence North 56 degrees 35 minutes 55 seconds West, 20.00 feet to the point of begirming. This survey was performed for the purpose of dividing and platting said real estate henceforth to be known as Lot 2A of Bradley Place in the City of Duhnque, Iowa, containing 4,601 sq. ft., more or less, and subject to easements, reservations, restrictions, and rights-of-way of record and not of record, the plat of which is attached hereto and made a part of this certificate. I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct persona ,..,,"' x 0 W ............... 4 "%,.. supervision and that I am a duly licensed Land Surveyor under the laws of thc -' , ' ....... ', State of Iowa. =--~ _: Ls ,~, .: ~=-- FORIIWENGINEERSA2xrDSLrRVEYORS, P.C. ..,% .............. ¢... [- l Z-of % .... ,'" JohdM.¥r~m~ ~ Date License Number 1263 l SEAL My Iieense rene~val date is December 3 I, 2002 Pages or sheets covered by this seal: Surveyor's Certificate Only OWNER'S CONSENT The foregoing plat of Lot .2A of Bradley Place in the City of Dubuque, Iowa, is made with the free consent and in accordance with the desires of the undersigned osvners and proprietors of said real estate. State of Iowa ) ) SS: County of Dubuque ) FOR T~.CfTY OF DUBUQUE, IOWA ~efi/nne F. Schneider, City Clerk On this day of ,20_~, before me, a Notary Public in and for the County of Dubuque and State of Iowa, personally appeared Torrance M. Duggan and Jeanne F. Schneider, to me personally known who, being duly sworn did say that the said Torrance M. Duggan is Mayor and the said Jeanne F. Schneider is City Clerk of the City of Dubuque, Iowa, and that the seal affixed to the above ins~nnent is the corporate seal of the City of Dubuque, Iowa, and that said instrument was signed and sealed on behalf of the said City of Dubuque, Iowa, by authority of the City Council of said city, and the said Torrance M. Duggan and Jeanne F. Schneider acknowledged the execution of said instrument to be the voluntary act and deed of said City of Dubuque, Iowa, by it voluntarily execute& Witness my hand and notarial seal on the date last above written. Notary Public in and for the Said County My Commission Expires Sheet 3 of 3 CFt~ COUNCIL ~)ubuque, ~ow~ -~"~-~.~¥~ / ? , 2o-_~/ The undersigned, Mayor and Clerk of~e Ci~ of Dubuque, Iowa, do hereby ce~i~ thai ~e foregoing plat in ~e CiW of Dubuque, Iowa, ~ uppers on Sheet i of~ h~eof has been filed in the office of~e Clerk of ~e CiW of Dubuque, ~d ~t by Resolution No. ~ ~/ ~e Dubuque Ci~ Council approved said plat. Tem~~ Mayor of~e Ci~ of Dubuque~ ~me F. So.eider ~ Clerk of~e Ci~ of Dubuque COUNTY AUDITOR Dubuque, Iowa The foregoing plat was entered of record in the office of the Dubuque County Auditor this day of ,20__. ,20__ County Auditor of Dubuque County, Iow~i CITY ASSESSOR Dubuque, Iowa The foregoing plat was entered of record in the office of the Dubuque City Assessor this day of ,20__. , City Assessor of Dubuque, Iowa tO bom, 2001, in [ on Or bbfore time of hearing. At said time and IbJaoe of publia hearing;' all interested I citizens and parties will b~ iven an opportunit to be ~ard for or against ~isposing f said property. Any visual or hearing ,aired persons needing spe- iai assistance or persons ~ith ~pecial accessibility ~eeds should contact 1h6 City ~lerk's Office at 319-589: 4120 of TDD 319-889,4193 in the Human Rights Depar[rn~nt at least 48 hours prior to the~ rn6eting. PdSlished 5y Order of the City Council given on the 5th day of February 2001. /s/Jeanne F. Schr~eider It 2/9 City Clel. STATE OF IOWA DUBUQUE COUNTY { SS: CERTIFICATION OF PUBLICATION I, Y&THY HEFEL-GO~TZING=R a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify th_~t toe attached notice.~was published in said newspaper on the following dates ~.-~C)//~( ~ /f~ ~7 , 20 ~9/ , and for which the charge ~ $ //~ ~/~ . Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this ?_~ ~ day of~ ~, ,~,o~,~Z 20_~.. Notary rub~c in and for Dubuque CouP, I~Wa ~m~ '~ i MY COMMISSION EXPIRES Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13m Sb'eet, Dubuque, iA 52001 4864 ORDINANCE NO. 8-01 ORDINANCE VACATING A PORTION OF KERPER BOULEVARD Whereas, Alien J. Becker representing Oarka, Corp a/k/a Hawkeye Boat Sales & Services, Inc. has requested the vacating of a portion of Kerper Boulevard; and Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the proposed vacated portion of Kerper Boulevard and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 2A of Bradley Place, in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of Kerper Boulevard is no longer required for public use, except for utility easements as noted, and vacating of said portion of Kerper Boulevard known as Lot 2A of Bradley Place in the City of Dubuque, Dubuque County, Iowa should be approved. 0RDA~NED NOW THEREFORE, BE IT I~E4~B BY THE Cll-Y COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 2A of Bradley Place 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 electdc lines as may be authorized by the City of Dubuque, Iowa. Passed, approved and adopted this 5th dayof February, 2001. Te Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk wmcn hereinafter Known an(] described as Whereas. the-Cit the C 2A of Bradley Place ~n [ne City of Dubuque, Dubuque County, Iowa should be ap- ~3roved. NOW THEREFORE E~E IT ORDANED BY THE CITY COUNCIL OF THE C TY OF DUBUQUE, tOWA: Sectior 1, That tne rea~- estate de'scribed as Lot 2A of ~radley [~lace in ,the,City of Dubuque, Iowa, be and tile same is hereb~y vacated, Section-2. /he City of Du- buque reserves unto tsef a pe~etual! easement ncludbg the right 6f ingress and egress theeto, for he purpose of ,erecting, lng , repairing. owning, and main- , authorized 200t. STATE OF IOWA DUBUQUE COUNTY { SS: CERTIFICATION OF PUBLICATION i, ................... a Billing Clerk for Woodward CommP~icati0ns, Inc6 an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify tha~t the, attached notice was p~ublished in said newspaper on the following dates ~4~ ~ f~ ~/~(~ ~7 ~ - , 20 ~/ , and for which the charge is$ /~ · (/ - Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this /c~q/~' day of '-~ff~'~ ~'~ 20 ~/.