Kerper Vacate - Area ResidentiaCITY OF DUBUQUE, IOWA
MEMORANDUM
January 30, 2001
TO:
FROM:
SUBJECT:
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,
200 I, to consider vacating a portion of' Kerper Boulevard indicated by Lot 2A of Block 15 of
Riverfront Subdivision No. 3 on the attached plat.
I c°ncur with the rec°mmendation and respectfully :7~:or and:/f~ty Council approval.
MiChael C. Van Milli=en
MCVM/jh
Attachment
cc: Barry Lindabl, Corporation Counsel
Tim Moerman, Assistant City Manager
Michael A. Koch, Public Works Director
TO:
FROM:
SUBJECT:
CITY OF DUBUQUE, IOWA
MEMORANDUM
January 29, 2001
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director ~//~/~
Vacating Petition - Kerper Boulevard
INTRODUCTION
This is in response to a request from Jon Romaine representing Area Residential
Care, Inc, for the vacating of a portion of Kerper Boulevard.
DISCUSSION
The attached plat shows a 22-foot wide, proposed portion of Kerper Boulevard to be
vacated. Area Residential Care owns the abutting properties.
The area to be vacated is divided into one lot numbered Lot 2A of Block 15 of
Riverfront Subdivision No. 3 in the City of Dubuque, Iowa. Lot 2A of Block 15 of
Riverfront Subdivision No. 3 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 Block 15 of Riverfront Subdivision No. 3 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 $6,330. A credit for surveying and platting
of 8450 established a purchase price of $5,880.
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.
I would recommend that the area indicated by Lot 2A of Block 15 of Riverfront
Subdivision No. 3 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 $5,880, 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. :i'urner, PLS
CITY OF DUBUQUE, IOWA
MEMORANDUM
TO:
FROM:
SUBJECT:
February 13, 2001
Michael C. Van Milligen, City Manager
Jeanne F. Schneider, City Clerk
Koch, Public Works Director /~~
Michael
A.
Vacating of Kerper Boulevard
(Lot 2A of Block 15 of Riverfront Subdivision No. 3)
The enclosed is a corrected plat to describe the area that Area Residential
Care, Inc. is requesting vacate on Kerper Boulevard.
Please include this corrected version as part of the City Council public
hearing on February 19, 2001.
MAK/vjd
cc: Ronald J. Turner, P. LS.
Gus Psihoyos, Assistant City Engineer
Enc.
Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 520014864
RESOLUTION NO. 42-01
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 __
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
5th day of February, 2001.
~e~rance M. ~
PLAT OF SURVEY
LOT 2A, BLOCK 15, RIVER FRONT SUBDIVISION NO.
IN THE CITY OF DUBUQUE, IOWA
DESCRIPTION: THE VACATED 22-FOOT WIDE PORTION OF KERPER BOULEVARD
LYING EASTERLY OF AND ADdACENT TO LOT 2, BLOCK 15, RIVERFRONT
SUB. NO..3 IN THE CITY OF DUBUQUE. IOWA
NS0'23'57"E ~ -- -- --
NSO'25'57"E ,, --- --
LOT ? I I
FRONT SUB. NO. 3
I I SUB. NO.
I I
SCALE: 1" = ~20' c~t~ .
LEGEND
i /-POINT OF BEGINNING I
I / ,~ NOTE: LOT 2A lS RESERVED AS
N 32'08'02"E~ ~z~r~../_ '~ N32'08'02"E \
:2~4.~2 - ~ , .,~ ~-- ~.o.~.
LOT 2A 2-30.19 5.064 SQ. FT. -
~ ~ S52"08'02"W 230.20' /O ~ -.4
:~ KERPER BOULEVARD
%%% LS 12637 -'r~°~ [-- ~--C~[ -319,556.2464
Sheet 2 of 3
SURVEYOR'S CERTIFICATE
I, JoIm M. Tranmer, hereby certify that I am a Licensed Land Surveyor in the State of Iowa, and that the
following tmet of real estate was surveyed and platted by me or under my direct personaI supervision, To
Wit:
The vacated 22-foot wide portion of Kerper Boulevard lying Easterly of and adjacent to Lot 2, Block 15,
River Front Subdivision No, 3 in the City of Dubuque, Iowa, more particularly described as follows:
Beginning at the Southeasterly comer of said Lot 2, Block 15;
Thence North 32 degrees 08 minutes 02 seconds East along the Easterly line (Westerly hght-of-way line
of Kerper Boulevard) of said Lot 2, Block 15, 230.19 feet to the Northeasterly comer of said Lot 2;
Thence South 57 degrees 01 minutes 46 seconds East, 22.00 feet;.
Thence South 32 degrees 08 minutes 02 seconds West, 230.20 feet;
Thence North 57 degrees 01 minutes 13 seconds West, 22.00 feet to the point of beginning.
Thi~ su.-wey was performed for the purpose of dividing and platting said real estate henceforth to be
known as Lot 2A, BIock I5, Riverfront Subdivision No. 3 in the City of Dubuque, Iowa, containing
5,0(:,4'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.
hereby certify that this land sarveying document was prepared and the
related survey work was performed by me or under my direct personal
..,,°': O ','74 *"% supervision and that I am a duly lieemsed Land Surveyor under the laws of the
..~, ....~ .-% .~ ~ State of Iowa.
~ ~ ~ -= FOR IIW ENGINEERS AND SURVEYORS p C
%,, ..... ., ,.,'
~,~ c ~,,* ,,,,,,' Iohr/M. Tranr~er ~ Date
License Number 1263 I
SEAL My license renewal date is December 31, 2002
Pages or sheets covered by this seal: Surveyor's Certificate Only
OWNER'S CONSENVl'
The foregoing plat of Lot 2A, Block 15, Riverfront Subdivision No. 3 in the City of Dubuque, Iowa, is
made with the fi'ee consent and in accordance with the desires of the undersigned owners and proprietors
of said real estate.
FOR THE CITY OF DUBUQUE, IOWA
By ~/~~~-~
Terran~e M. Duo,an, Mayff(/'
~anne F. Schneider, City Clerk
State Of Iowa )
) SS:
County of Dubuque)
Sheet 3 of 3
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
inslrument is the corporate seal of the City of Dubuque, Iowa, and that said inslrument 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 executed.
Wimess my hand and notarial seal on the date last above written.
Notary Public in and for the Said County
My Commission Expires:
CITY COUNCIL
Dubuque, Iowa
~e ~dersi~ed, Mayor ~d Cl~k of~e Ci~ of ~buque, Iowa, do hereby ce~i~ that ~e forego~g plat
~ ~e Ci~ of Dubuque, Io~m, as appem on Sheet 1 of~ h~eof h~ been filed in ~e office of the Clerk
of the Ci~ of Dubuque, ~d ~at by Resolution No. ~ -f~/ the Dub~ue Ci~ Council approved
said plat.
Tepee M. Duggan
Mayor, of~e Ci~ of Dubuque
~e F. So.eider --
Clerk of~e Ci~ of Dubuque
COUNTY AUDITOR
Dubuque, Iowa
The foregothg plat was entered of record in the office of the Dubuque County Auditor this
day of ,20__.
,20__
County Auditor of Dubuque County, Iowa
CITY ASSESSOR
DubuqUe, Iowa
The foregoing plat was entered of record in the office of the Dubuque City Assessor this
day of ,20__.
20__
City Assessor of Dubuque, Iowa
ARC VACATE
STATE OF IOWA
DUBUQUE COUNTY
{ SS:
CERTIFICATION OF PUBLICATION
I,. KATHY HEFE[=~SOETZINSEF~ 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 that t~he,~ttached notice was published
in said newspaper on the following dates /~ ~-LL~VT~
, 20 ~) / , and for which the charge is $ /// ~) .
Subscribed to before me, h Notary Public in and for Dubuque County, Iowa,
this.~/-0~'~z'~ dayof ,-~__~flq~ _~4~. 20~/
Notary ~blic in-an~ for Dubuque C~ty, Iowa
~3~'~L: ] MYCOMMtSSION EXPIRES ~
Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13m Street, Dubuque, IA 52001-4864
ORDINANCE NO. 10-01
ORDINANCE VACATING A PORTION OF KERPER BOULEVARD
Whereas Jon Romaine, representing Area Residential Care, 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 Block 15 of
River Front Subdivision No. 3, 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
Block 15 of River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa
should be approved.
ORDAINED
NOW THEREFORE, BE IT F~X)I~lCEO BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real estate described as Lot 2A of Block 15 of River Front
Subdivision No. 3 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.
Passed, approved and adopted this 5th day of February,
,2001.
Terramce M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
ORbl~N~E V~C~.TiNG A
~R'rlGN OF~KERPER
vacating o~ a portion Of Kerper
Boulevard;
Whe~eas~ !IW Engineers &
SurveyoYs P;~; bas prepared
and subtitled to the City
Council'a plat showing the
~ropooed vacatOd potion of
e~per BqUl~vaEd and
signed Ie~; ~b~er' thereto,
which hereinafter ~hall be
known and; described as Lot
2A of Block 15 of River Fron~
Subdivision No; 3 in the City
r Of Dubuque, Dubuque C~unty
Iowa~and '
Whereas, the CI~ Couhcil of
the City of Dubuque, Iowa has
determined that this potion of
Ke~per Boulevard is no longer
required fo~ public use, except
for utili~ eesements as noted,
and vacating of said potion of
Kerper Boulevard known as
Lot 2A of Block 15 of River
Front Subdivision No. 3 in the
~C)~ of Dubuque, Dubuque
county, Iowa Should be ap-
proved,NoW ~HEREFORE, BE IT
ORDAINED BY THE,
COUNCIL OF THE ~1~ OF
DUBUQUE, IOWA: ;
~eotion L That the real
estate described as Lot 2A of
VISIOn
Section 2
erecting, install
as may be
Iowa the City of
Dubuque ',
Passea, ap)p ro{,ed
adopted this ~th day of Feb-
ruary, 2001,
~/s/Terrance M. Du gan,
~ayor
Attest:
/s/3eanee F, BchnaJdei'
City Clerk
Published.officially in the
Telegraph Herald the 9th ds,
of February, 2001. ~
It 2/9 Jeanne =. Schneide~r
City Clerk
STATE OF IOWA
DUBUQUE COUNTY
{ SS:
CERTIFICATION OF PUBLICATION
I, ~A!'HY HEFE[-~OETZ Nf~! 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 that the attached notice was ~ublishcd
in said newspaper on the following dates /E~/~ f ~
, 20 ~ / , and for which the chargeis$ ~.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this ~-~f dayof- ~/~,_~, ~/ 20~/ .
Notary Public in and for Dubuque Count~owa
Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864
RESOLUTION NO. 43-01 ,
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT
2A OF BLOCK 15 OF RIVER FRONT SUBDIVISION NO. 3, DUBUQUE,
IOWA
Whereas, Jon Romaine, representing Area Residential Care, 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 Block 15 of River Front Subdivision No. 3 in the City of Dubuque, 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 and sale of said portions of alleys
and streets known as Lot 2A of Block 15 of River Front Subdivision No. 3 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 Block 15 of River Front Subdivision No. 3 in the City of Dubuque, Iowa.
Section 2. That the conveyance of Lot 2A of Block 15 of River Front
Subdivision No. 3 in the City of Dubuque, Iowa to Area Residential Care, Inc. be
contingent upon the payment of $5,880.00 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 dilected
to cause a notice of intent to dispose of said real estate to be published lin 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