Arboretum Drive_Breven Place Vacating PetitionTHE CITY OF DU~UgUB
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacating Petition -Arboretum Drive
DATE: January 30, 2008
City Engineer Gus Psihoyos is recommending approval of 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. He further recommends
that the purchase price be established at $300, plus platting, publication and filing fees.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michael C. Van Milligen
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Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF Dubuque
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2007
TO: Michael C. Van Milligen, City Ma a
FROM: Gus Psihoyos, City Engineer
SUBJECT: Vacating Petition -Arboretum Drive
DATE: January 24, 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.
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 held for the disposition of the City's
interest in the subject area. 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 plat and resolution should be submitted to the City Council for consideration
and approval along with resolution disposing of the property for a purchase price of
$300.00, plus surveying, platting, publication, and filing fees.
Prepared by Ronald J. Turner, PLS
Prepared by: Ron Tumer, Surveyor, 50 West 13t", Dubuque IA 52001 (563-589270)
Retum to: Ron Tumer, Surveyor, 50 West 13~', Dubuque IA 52001 (563-589-4270)
RESOLUTION NO. 52-08
RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF ARBORETUM
DRIVE AND UNDERLYING ROADWAY EASEMENT
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a
plat dated the plat dated the 10th day of January, 2008, with certificate signed the 14"' day of
January, 2008, prepared by Buesing & Associates, describing the proposed vacated portion of
Arboretum Drive and underlying roadway easement; 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 the 10"' day of January, 2008, with certificate signed
the 14th day of January, 2008, prepared by Buesing & Associates, 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 sanitary sewer as shown on the
Plat of Survey of Lots A, B, C, and D of Breven Place No. 2 in the City of Dubuque, Dubuque
County, 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 4th day of February, 2008.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13'h Street, Dubuque, IA 52001 (563) 589-4270
Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 53-08
RESOLUTION VACATING A PORTION OF ARBORETUM DRIVE AND
UNDERLYING ROADWAY EASEMENT
Whereas, Michael G. and Ann C. Felderman have requested the vacating 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,
including an underlying roadway easement, and assigned lot numbers thereto, which hereinafter
shall be known and described as Lots A, B, C, and D of Breven Place No. 2 in the City of
Dubuque, Dubuque County, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has determined that a portion of
Arboretum Drive south of the relocated Arboretum Drive, including an underlying roadway
easement, is no longer required for public use, and vacating of said portion of Arboretum Drive
south of the relocated Arboretum Drive, including an underlying roadway easement, platted 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 real estate described as Lots B, C, and D of Breven Place No. 2
in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby vacated.
Passed, approved and adopted this 4th day of February, 2008.
Roy D. Buol, Mayor
At
Jeanne F. Schneider, CMC, City erk
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
Returned to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO. 54-08
RESOLUTION DISPOSING OF CITY INTEREST IN LOT B OF BREVEN
PLACE NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, pursuant to resolution and published notice of time and place of
hearing, published in the Telegraph Herald, a new~aper of neral cite ation
published in the City of Dubuque, Iowa on this` day of ' , 2008,
the City Council of the City of Dubuque, Iowa met on th day o ebruary,
2008, at 6:30 p.m. in the Historic Federal Building, 350 West th Street,
Dubuque, Iowa, to consider the proposal for the sale of real estate described as:
Lot B of Breven Place No. 2 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 B of Breven Place No. 2 in the City of Dubuque, Dubuque County, Iowa, to
Michael G. and Ann C. Felderman be and the same is hereby approved for the
sum of $300.00, plus the cost of surveying, platting, publication, and filing fees.
Conveyance shall be by Quit Claim Deed.
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 sanitary sewer as shown on the Plat of Survey of Lots A, B, C, and D
of Breven Place No. 2 in the City of Dubuque, Dubuque County, Iowa.
Section 3. That the Mayor be authorized and directed to execute a Quit
Claim Deed, and the City Clerk be and is hereby authorized and directed to
deliver said deed of conveyance to Michael G. and Ann C. Felderman upon
receipt of the purchase price in full.
Section 4. That the City Clerk be and is hereby authorized and directed
to record a certified copy of this resolution in the offices of the City Assessor,
Dubuque County Recorder and Dubuque County Auditor.
2008.
Passed, approved and adopted this 4th day of February, 2008.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk