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Kerper Bld Vacate Smith LuksetiCITY OF DUBUQUE,i 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, 2001, to consider vacating a portion of Kerper Boulevard indicated by Lot lA of Block 13 of Pdver Front Subdivision No. 3 on the attached plat. I concur with the recommendation and respectfully requqst I~ayor and Citl~ ~ouncil approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director TO: FROM: SUBJECT: CITY OF DUBUQUE, iOWA MEMORANDUM I 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 Thomas Luksetich and Steve Smith representing Talass, L.L.C., 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 Thomas Luksetich and Steve Smith. The area to be vacated is divided into one lot numbered Lot lA of Block 13 of River Front Subdivision No. 3 in the City of Dubuque, Iowa. Lot lA of Block 13 of River Front Subdivision No. 3 is a portion of the existing 175-foot long, 20-foot wide public right-of-way on which public utilities can exist. Perpetual easement rights will be reserved on the entire Lot lA of Block 13 of River Front 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 $13,200. A credit for surveying and platting of $450 established a purchase price of 912,750. 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 tA of Block 13 of River Front 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 912,750, 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, PLS o? CITY 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, 2001, to consider vacating a portion of Kerper Boulevard indicated by Lot lA of Block 13 of River Front Subdivision No. 3 on the attached plat. I concur with the recommendation and respectfully requqst Iv~ayor and Cit~ ~ouncil approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director Prepared by: Michael A. Koch, Public Works Direc[or Address: 50 W. 13t~ Street, Dubuque, IA 52001-4864 RESOLUTION NO. 44-01 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 __dayof February ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk PLAT Of SURVEY LOT lA. BLOCK 1:], RIVER FRONT SUBDIVISION NO. IN THE CITY OF DUBUQUE, IOWA .. DESCRIPTION: THE VACATED 20-FOOT WIDE PORTION OF KEEPER BOULEVARD LYING EASTERLY OF AND ADJACENT TO BLOCK 15 AND LOT 1, BLOCK 14, RIVER FRONT SUBDiVISiON NO. 5 iN THE CiTY OF DUBUQUE, IOWA /I LOT 1 BLOCK 12 ! I R[VE.R FRONT SUBDIVISION NO. J WESTERLY r .O.W.  UNE KERPER BL'VD.--~57.07,19. E S 57'07'19" E 309.57' 20.00' (~i ~--- NEW R.O.W. LINE BLOCK 15-I, / m,sBo so. FT. (.- n, ! GRAPHIC SCALE I o 200 I BLOCK 13 ,~ SUBDIVISION NO. 5 1" ---- 100' Ld ~ DRAWING MAY HAVE BEEN REDUCED S 57~3h9' E 39B,50' ~ ~ = LOT ~ Or BLOCK ~4 POINT OF ~! ~n ~ SUBDIVISION NO. 3 BEGINNING ~ ~IL LEGEND FOUND iRON ROD N 57'04'25" W · W/CAP NO. ~26~t 20.00' NOTE: LOT la, BLOCK 13 IS RESERVEB w/cap NO. 12631 AS A PUBLIC UTILITY EASEMENT · FOUND CONC. MON. R.O.W. RIGHT--C+---WAY SURVEYED FOR: TOM LUKSETICH PROPRIETOR: CITY Of DUBUQUE Sheet 2 of 3 SURVEYOR'S CER'fI~iCATE I, John M. Tranm~r, hereby certify that I am a Licensed Land Surveyor in the State of Iowa, and that the following tract of real 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 Eaeteriy of and adjacent to Block 13 and Lot 1, Block I4, River Front Subdivision No. 3 in the City of Dubuque, Iow-a, more particularly described as. follows: Beginning at the Southeast~ly corner of said Lot 1, Block 14; Thence North 32 degrees 08 nfmutes 50 seconds East along the Easterly line (Westerly right-of-way line of Kerper Boulevard) of said Lot 1, Block 14 and said Block 13, 528.0l feet to the Northeasterly come~ of said Block 13; Thence South 57 degrees 07 ro2nutes 19 seconds East, 20.00 feet; Thence South 32 degrees 08 minutes 50 seconds West, 528.02 feet; Thence North 57 degrees 04 nfmutes 25 seconds West, 20.00 feet to the point of beginning. This survey was performed for the purpose of dividing and pIetting said real estate henceforth to be known as Lot IA, Block 13, Riverfi'ont Subdivision No. 3 th the City of Dubuque, Iowa, containing 10,560 sq. rT, more or less, and subject to easements, reservet/ons, reslrictions, and fights-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 personal .....'"" x .,,.o?4--.'""" supervision and that I am a duly licensed Land Surveyor under the laws of the ..~-'~ ,,' ............ ; ~'.... State of Iowa. ---. _: Ls u~, _: ~-: FOK IIW ENGINEERS AND SURVEYORS, P.C. z · ',., ,..' *~ ~-ic-o/ '%,*0 '"" ~?,~ . ~ ~ ........ ,72,~,,,'"' Jo rote License Number 12631 SEAL My license renewal dam/s December 31.2002 Pages or sheets covered by this seal: Surveyor's Certificete Only OWNER'S CONSENT The foregoing plat of Lot lA, Block I3, Riverfront Subcfivision No. 3 in the City of Dubuque, Iowa, is made with the t~ee conse~at and in accordance with the desires of the undersigned owners and proprietors of said real estate. ~--anne F. Schneider, City Clerk Sheet 3 of 3 State of Iowa ) ) ss: County of Duhnque) On this ./~'~' day of 5~z,~J/// ,20~/, before me, a Notary Public in and for the County of Dubuque and State of Iowa, personafly appeared Terran~e M. Duggan and 1eanne F. Schneider, to me personally known who, being duly sworn did say that the said Terranee M. Duggan is Mayor and the said Seamie F. Schneider is City Clerk of the City of Dubuque, Iowa, and that the seal affixed to the abov~ instrament 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 Terrance M. Duggan and 1earme F. Sekneider acknowledged the execution of said instrument to-be the voIuntary act and deed of said City of Dubuque, Iowa, by it voluntarily executed. CITY COUNCIL Dubuque, Iowa ~-'~,f.~',~/~.~/ / ~ ,20~ / ~e ~dgsi~e~ May~ ~d Clgk of~e Ci~ of~hnque, Iowa, do h~by eeffi~ ~at ~e fomgo~g plat ~ ~e CiW of Dubuque, Iota, as a~em ~ Sheet 1 of~ h~fh~ bern filed ~ ~e office of the Clgk of ~e Ci~ of Dubuque, ~d ~at by Resolution No. ~ ~ ~/ ~e Dubuque Ci~ Comeil a~roved TePee M. Dugg~ ~ // MaY0~ of ~e Ci~ of Dub~ue , ) ~e F. Se~eid~ O~k of~e Ci~ of Dubuque COUNTY AUDITOR. Dubuque, Iowa J~t ~ ~ a ~'k (,~ ~(,~ The foregoing plat was entered of record in the office of the Dubuque County Auditor fi'tis day of Coun0 Auditor of Dubuque C.~unty, Iowa CITY ASSESSOR Dubuque, Iowa "~- ~)- ,20__~ The forego~n~g.l~Iat was ~n~tered of record in the office of the Dubuque City Assessor this ?3P~-~lq a ('Ch lc[4~a.r~ ~ city A~s~s~r or D(i~uqu~,}~)~f .... ~-~ TRANSFEROR Name REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT PART I - TO BE COMPLETED BY TRANSFEROR (Please Type or Print Legibly) City of [~buqua, Iowa Address 50 W. 13th Street Dubuque IA 52001-4864 ~SFEREE Name Talass. L.L.C. Address 14620 Iht~rth Cascad~ ~0~0 DublJoue IA-- 52/]03 Address of Property Transferred 1~ Legal Description of Property Lot lA of Block 13 [~ver Front Subdivisicn I~. 3 in the City of ~ubuoue. Dubuque County, Iowa 1. Wells (cheek one) ;t~ There a~e no known well~ situated on this property. [] There is a well or wells situated on this property. 'Fne type(s), location(s) and legal status are stated below. 2. Solid Waste Disposal (check one) ~ There is no known solid waste disposal site on this property. U There is a sohd waste disposal site on this properB,, but no notice has been received from the Department of Nataral Resources that th~ sits is deemed to be potentially hazardous. U There is a solid waste disposal site on this property which has been deemed to be potentially haz~dous by the Deparmaent of Natural Resources. The location(s) of the site(s) is slated below. 3. Hazardous Wastes (check one) XX There is no known hazardous waste on th/s property. [3 There is hazardous waste on this property and it is being managed hi accordance wi~ Depatsment of Nataral Resources rules. 4. Underground Storage Tan~ (cheek one) ~(There are no known underground storage ranks on this property. (Note exclusions such as small farm and residential motor f~el tanks, 5. Private Burial Site (che~k one) ~k Tam are no known private burial sites on th/s property. [3 There is a private burial site on this property. The Iocafion(s) of die site(s) is stated below. The known identifying information of the decedent is stated below. Information, if any, required by statements checked above: Attackment for Additional Information? y/~ If so, number of pages _ I HEREBY DECLARE THAT THE INFORMATION CONTAINED IN PART 1 OF THIS STATEmeNT IS TRUE A~D CORRECT S ignntare: ( r,~Z~... ~ -/--o/ Telephone Number: __(3j~9_ ) HRQ.~q * ) Michael A. Koch, Public l~rks Director Date of Instrument Date of Recording / Deed ~'/ Contract [] DNR form (July 99) PART II - TO BE COMPLETED BY RECORDER D/ Boo .D. County /<L~-~ Page/I.D. ,~ ~,5~ FI~E ~ RECORDER (S¢= hstm~on PoD PLAT OF SURVEY LOT lA, BLOCK 1,3, RIVER FRONT SUBDIVISION NO. .3 IN IHE CITY OF DUBUOUF, IOWA DESCRIPTION: THE VACATED 20-FOOT WIDE PORTION OF KERPER BOULEVARD LYING EASTERLY OF AND ADJACENT TO BLOCK 13 AND LOT 1, BLOCK 14., RIVER FRONT SUBDIVISION NO. 3 IN THE CITY OF DUBUQUE, IOWA LOT 1 BLOCK 12 / i RIVER FRONT J J SUBDFVlSION NO. 3 WESTERLY R.O.W. I / LINE KERPER BLVD.-~57.07,19. E 20.00' S_ _57__~7'19# E 50g.57' -~ ['-C) i LINE N 57'08'24" W J FOR KERPER BLVD. 25.88' BLOCK 13x. ! 10.560 SQ. FT. , W GRAPHIC SCALE I ~o n 0 100 200 I BLOCK 13 ~ W SUBDIVISION NO. 3 1" = 100' ~ ~ DRAWING MAY HAVE BEEN REDUCED ~ ~ BP/ER FRONT SUBDIVISION NO. 3 BEGINNING~ ] LEGEND 7'04-'25" W · w/c^P NO. 20.00' LUKSETICH/SMITH VACATE Luksetich/Smith ARC, Inc McGraw-Hill Hawkeye Boat Sales Blvd. Vacates Lieonsed in Iowa, Illinois and Wisaonsin CONZETT & O'BRIEN Attorneys at Law 491 W. 4a Street P.O. Box 741 Dubuque, Iowa 520#4-0741 PHONE: (319) 556-8552 FAX: (319) 556-8572 January 6, 2000 The Honorable Mayor Terry Duggan and Dubuque City Council City Hall 50W. 13~ Street Dubuque, Iowa 52001 Dear Mayor Duggan and city Council: I represent Thomas Luksetich and Steven Smith and I am writing 6n their behalf to see if they could acquire a portion of property in accordance with the City of Dt~buque vacating procedures. We have spoken with Ron Turner at the City Enghaeer's Office and were given a prelimina~ indication that the vacating is favorable. Attached to this letter is a plat prepared by IIW Engineers & Surveyors, P.C. The area that we are requesting be vacated is highlighted on that plat. If there is any further information needed, please contact the undersigned, Mr. Luksetich or Mr. Steve. Thank you for your consideration in this matter. WAC/dao Enclosure Sincerely yours, William A. Conz~t~'~ "9 - STATE OF IOWA DUBUQUE COUNTY { SS: CERTIFICATION OF PUBLICATION I, KATHY HEFEL-GOETZIN~ER 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 t.ha_~t th$ attached notice was published in said newspaper on the following dates tL~,4~/~Q f/Lr~ V-L~r ~ , 20 ~)/ , and for which the charge--al, sS /~,~ . Subscribe~d to before me, a Notary Public in and for Dubuque County, Iowa, t his/_~?~( day of~-~-~ ~, ~ ~ i _~,~ 20~/. Notary Pu~in and f~r~Dubuque Count, Iowa ~~MY COMMISSION EXPIRES FEBRUARY 1 2002 Prepared by: Michael A. Koch, Public Works Director ORDINANCE NO. 9-01 ORDINANCE VACATING A PORTION OF KERPER BOULEVARD Whereas, Thomas Luksetich and Steve Smith, representing Talass, EL.C, have 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 lA of Block 13 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 portions of Kerper Boulevard known as Lot lA of Block 13 of River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, iowa should be approved. ORDAINED NOW THEREFORE, BE IT R:t~l~ BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot lA of Block 13 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. Terrance M. Duggan, Mayor Attest: , Jeanne F. Schneider, City Clerk city the and :hereto, be i Council (~f i 3 in the ORDAINED BY THE CITY COUNCIL OF THE CITY OF estate desc~ bed :as Lot 1A of Block 13 of River Front Dubuque, Iowa, ~be and the same ~s hereby vacated. Se~lon ,2, The City of Dubuque rese~e~ unto itself a p~rpetual easement Including the right of Ingress and egres~ erecting, install rig, construct- ing,'' reconstructing, repair ng, tainin~ wa~e~, sewer, drainage, ~a~sed. ~aP~oveB an~ edopte~:'~hls r 5~h :~ay of FeS~Da~ 20~. ' STATE OF IOWA DUBUQUE COUNTY { SS: CERTIFICATION OF PUBLICATION I, KATHY' HEFFI .R~r:?_7!~!~ER 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 Dub.uque and State of Iowa; hereby certify t,h~at the, attached notice was published in smd newspaper on the following dates ~ ~ ~/~ ~ ~'~ 9 , 20 ffl/ , and for whieh the ebarge is $..L/ /~, ~/~ . Subscribed to before me, a Notary Public in and for Dubuque. County, Iowa, this ./_~0/9~" day o~....~'~_~-~,~,.,~, · ~z 20/2,/ , Notary P~in and ~or l~ubuque Count~, Iowa COMMISSION EXPIRES Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13TM Street, Dubuque, IA 52001-4864 RESOLUTION NO. 45-01 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT lA OF BLOCK 13 OF RIVER FRONT SUBDIVISION NO. 3, DUBUQUE, IOWA Whereas, Thomas Luksetich and Steve Smith, representing Talass, L.L.C., have 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 lA of Block 13 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 Lot lA of Block 13 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 lA of Block 13 of River Front Subdivision No. 3 in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot lA of Block 13 of River Front Subdivision No. 3 in the City of Dubuque, Iowa to Talass, L.L.C., be contingent upon the payment of $12,750.00 plus platting, publication and[fi ng fees. Section 3. The City of Dubuque reserves unto [itself a perpetual easement including the right of ingress and egress thereto, i 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 dayof February ,2001 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk