Arboretum Drive Vacating PetitionTHE CITY OF
Dubuque
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Masterpiece on the Mississippi ~ '`
zoos
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacating Petition -Arboretum Drive
DATE: January 15, 2008
City Engineer Gus Psihoyos is recommending approval of a request from Mike
Felderman for the vacating of a portion of the former Arboretum Drive and underlying
roadway easement south of the relocated Arboretum Drive. He is further
recommending that the purchase price be established at $300, plus platting, publication
and filing fees, and that a public hearing be set for the disposition of the property on
February 4, 2008.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF Dubuque
DT T~ ~ All-AmerricaCity
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Masterpiece on t)~e Mississippi
2007
TO: Michael C. Van Milligen, City Manag
FROM: Gus Psihoyos, City Engineer ~-
SUBJECT: Vacating Petition -Arboretum Drive
DATE: January 14, 2008
INTRODUCTION
This is in response to a request from Mike Felderman for the vacating of a portion of former
Arboretum Drive and underlying roadway easement south of the relocated Arboretum
Drive.
DISCUSSION
The attached plat shows the proposed vacated portion of the former Arboretum Drive and
underlying roadway easement south of the relocated Arboretum Drive to be vacated. The
abutting properties are owned by Michael G. and Ann C. Felderman and Randy E. and
Dawn M. Avenarius.
The area being vacated was the former entrance to the Arboretum prior to the construction
of Phase 4 of the Northwest Arterial. This construction included the relocation of
Arboretum Drive and West 32"d Street. The northerly portion of the area being vacated will
remain Arboretum Drive and will be formally dedicated as such. Two of the remaining three
lots will remain City property. The final lot, which abuts private property on both sides, is
proposed to be disposed to Michael G. and Ann C. Felderman since Randy E. and Dawn
M. Avenarius were not interested in acquiring any portion of the vacated area.
The area to be vacated is divided into four (4) lots numbered Lots A, B, C, and D of Breven
Place No. 2 in the City of Dubuque, Dubuque County, Iowa. Lots A, C and D will be
retained by the City. Perpetual easement rights will be reserved on Lot B, as shown on the
Plat of Survey, for maintenance of the existing sanitary sewer and City access to the
detention area on Lot 1 Block 1 of Arbor Estates.
The property has been valued at $300.00 to cover the cost of coordinating and processing
the request. In addition, the petitioner is responsible for paying the publication and filing
fees of $100.00 and the surveying and platting costs.
RECOMMENDATION
The City has no plans for the utilization of Lot B of Breven Place No. 2 to be vacated,
except for reserving the easements as noted.
I would recommend that the areas indicated by Lots B, C, and D of Breven Place No. 2 on
the attached plat be vacated, and a public hearing be set for the disposition of the City's
interest in Lot B of Breven Place No. 2 on February 4, 2008. I would further recommend
that the purchase price be established at $300.00, plus platting, publication, and filing fees.
ACTION TO BE TAKEN
The attached resolution should be submitted to the City Council for consideration and to set
a public hearing on February 4, 2008 for the disposition of the City's interest in the subject
area. The purchase price should be established at $300.00, plus surveying, platting,
publication, and filing fees.
Prepared by Ronald J. Turner, PLS
VACATE & DEDICATE
ARBORETUM DRIVE GRAPHIC SCALE
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SW1/4 5W1 /4, SECTION 70, TB9N. R2E
~~` P Ploce No. 2,
S2, JLW P~~ in the City of Dubuque, Iowa
~- ~~ Comprised of: Lot 2-1-1-1-1-1-1-1 of Breven Ploce
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DETAIL ~\ THIS SURVEY IS L~D IN THE NWI/4
NO-SCALE '~ OF SECTION 15, T89N, R2E (DUBUQUE
TWP) OF THE 5TH P.M., IN THE OTY OF
Q DUBUQUE, DUBUQUE CWNtt, IOWA
~'' ~/ CURVE DATA
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r i LURVE D0.TA RADIUS ARC TAN. CHORD CHORp
„v, I / ~°{ LEH07H _ LENDTN BEARWO
LOT C "' ' / r G1-A 15'55'01' 353.34' 96.16' 49.40' 97.84' S17'19'S5'W
v j/ ~ n CI-B 37'JI'08' 35J 34' 231 38' 120 Ot' 227 28' S44Z3'DO'W
AREA 4,918 S0. FT. ~ //, a^
LOT 1. BLOCK 7 /-J
OF ARBOR ~ /
ESTATES X
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5/8' R00
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/ BENT SE
1 ~~
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EXISTING 20' ROADWAY EASEMENT
AS SHOWN ON RECORDED Doc µo63-7B
FILED 4AY !, 1978
LOT ~
= 10,450 S0. FT.
;111 ROW LINE OF BRUECK RD
•S 83'37'45' W 50.01'(50.2')
UNE BEARING pSTANCE RECORDED
L-7 S 62'5727 W 54.87
L-2 $ 26'43'55' W 702.42'
L-3 s 63roT56' w 37.36' 37.42'
l-4 $ 62'SY21' W 40.86' 40.81'
l-5 S 82'57'18' W 54.87'
l-8 5 25'21'51 E 127.89'
L-7 S 24'21'27' W 110.89'
0 75' 150' 300' Nores
1. All MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
2. PROPRIETOR OF LOi 2-1-1-1-1-1-1-i O< BREVEN PLACE: CITY OF DUBUQUE.
3. SURVEYED REQUESTED BY: MIKE FELDERMAN.
4. TOTAL AREA SURVEYED IS 51,422 SWARE FEET.
SCALE: 1 " = 1 50• 5. THIS PLAT I$ SUBJECT TO ALL USEMENTS CF RECORD AND NOT OF RECORD
6. IF THIS PUT DOES NOT HAVE THE SURVEYOR'S SIGNATURE
IN PURPLE INK, IT I$ A COPY AND MAY CONTAIN UNAUTHOR12ED ALTERATIONS.
THE CERTIFICATION CONTAINED ON THIS PUT SHALL NOT APPLY TO ANY COPIES.
\\\1~111p11InuNN/T~'_
LAND
\ I H EBY CERTIFY THAT THIS LAND SURYfY1NC DOCUMENT WAS
P ED ANO THE REUTED SURVEY WORK WAS PERFORMED BY ME OR ~UESING
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, ,•••• • N R Y DIREC ERS L SUPERVISION AND THAT I AM A ASSOCIATES INC
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!k aQQ 1212 LOCUST ST, OVBL'OUC N
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2 4016 :
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HN L. WHITE DATE
LICENSE NUMBER DRAWN BY; JGI CHECKED BY: AW
Q'., ~: T} a
/ 4016
MY LICENSE RENEWAL DALE
SURVEY DATE: 11/10/07 PLOT GATE: I/9/p6
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\J`\\` I$ DECEMBER J1, 2008 DMC. N0. 07266-03 SCALE: 1' .150'
i~~II NII
IIwIA~111Y\t SHEETS COVERED BY THI
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SHEET 1 OF 3
RESOLUTION NO. 26-08
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY
INTEREST IN LOTS B, C, AND D OF BREVEN PLACE NO. 2 IN THE
CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Michael G. and Ann C. Felderman have requested the vacating
and disposal of a portion of Arboretum Drive south of the relocated Arboretum
Drive and underlying roadway easement; and
Whereas, Buesing & Associates has prepared and submitted to the City
Council a plat showing the vacated portion of Arboretum Drive south of the
relocated Arboretum Drive and underlying roadway easement and assigned lot
numbers thereto, which hereinafter shall be known and described as Lots B, C,
and D of Breven Place No. 2 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 vacate Lots B, C, and D
of Breven Place No. 2 and dispose of its interest in Lot B of Breven Place No. 2
in the City of Dubuque, Dubuque County, Iowa.
Section 2. That the conveyance of Lot B of Breven Place No. 2 in the
City of Dubuque, Dubuque County, Iowa, to Michael G. and Ann C. Felderman
be contingent upon the payment of $300.00, plus platting, publication and filing
fees.
Section 3. That the City Clerk be and is hereby authorized and directed
to cause a notice of intent to vacate Lots B, C, and D of Breven Place No. 2 and
dispose of Lot 8 of Breven Place No. 2 to be published in the manner as
prescribed by law.
Passed, approved and adopted this 22nd day of January, 2008.
Ric W. Jones, Mayor Pro-Tem
Attest:
Jeanne F. Schneider, CMC, City Clerk
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January 9, 2008
Honorable Mayor and City Council
50 West 13th Street
Dubuque, IA 52001-4845
RE: Vacate City Property
Dear Mayor and Council Members:
This letter is written to inquire about the possibility of purchasing a porfion of a city
street/alley abutting my property along Arboretum Drive. The requested lot is known as
LOT 2-1-1-1-1-1-1-1 of Breven Place, section 15, T89N R2E.
We have contacted the City Engineering Department and they have indicated a
favorable condition for the vacating but may need easements reserved for utilities. We
understand that the vacated area would need to be surveyed and platted at our expense
and a fee paid for the parcel, plus publication and filing fees. Please call me at 563-588-
4372 if you have questions.
Thank you for your consideration of this request.
Sincerely,
Z 3 ~ C S G..w~ v.~.1-~, ~ ~r.
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c o =zi c~a s i Nnr 80
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