Helena, Henion St. vacat LorasMEMORANDUM
May 14, 2002
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacating Petition Henion & Helena Streets
In response to a request from Loras College for the vacating of Helena Street and a
portion of Henion Street. Public Works Director Mike Koch states that the City has no
plans for the utilization of Helena Street and the portion of Henion Street to be vacated
and recommends the vacation, except for reserving the utility easements. He further
recommends that the purchase price be established at $13,130, and that a public
hearing be set for June 3, 2002.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser. Assistant City Manager
Michael A. Koch, Public Works Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
May 8, 2002
TO: Michael C. Van Milligen, City Manager
FROM: Michael A. Koch, Public Works Director
SUBJECT: Vacating Petition Henion & Helena Streets
INTRODUCTION
This is in response to a request from Stephen J. Schmall representing Loras
College for the vacating of Helena Street and a portion of Henion Street.
DISCUSSION
The attached plat shows the areas proposed to be vacated. This includes all of
Helena Street west of Henion Street and all of Henion Street north of the north
right-of-way line of Picket Street. The abutting properties are owned by Loras
College.
The area to be vacated is divided into two lots numbered Lots 1A and 2A of
Hodgdon's Subdivision. Lot 2A of Hodgdon's Subdivision is an existing 47.50-
foot wide street on which public utilities exist. Perpetual easement rights will be
reserved on the entire Lot 2A of Hodgdon's Subdivision for maintenance of the
existing watermain utilities, and other utilities. Since there are no public utilities
of Lot 1A of Hodgdon's Subdivision, no easements will be reserved on that lot.
The property has been valued at $1.22 per square foot on Lot 1A and $0.61 per
square foot on Lot 2A, for a total of $13,130.00.
RECOMMENDATION
The City has no plans for the utilization of the Helena Street and a portion of
Henion Street to be vacated, except for reserving the utility easements as noted.
I would recommend that the areas indicated by Lots 1A and 2A of Hodgdon's
Subdivision 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 June 3, 2002. I would
further recommend that the purchase price be established at $13,130.00, plus
platting, publication and filing fees.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and a public
hearing should be scheduled on the disposal of the property through adoption of
the enclosed resolutions and ordinance.
MAK/Ims
Prepared by Ronald J. Turner, P.L.S.
iVacate
Area
Helena and Henion S1 Vacate
LORA$ COLLEGE
1450 Alta Vista · P.O. Bo~ 178 , Dubuque. IA $2004-QJ78
(319)
588-7100
December26.2001
Honorable Mayer Terry Duggan and City Coun~'l
City of Dubuque
50W. 13~ Street
Dubuque IA 52001
HonorabJe Mayer Tern/Duggan and City Council:
Lotus Cellege is interested in acquinng a per'don of property in accordance with the City of Dubuque
.vacating prgcedures.
The prop r oosrsts ..............
1. The first property is that portion of Henion Street north of Picket Street that curren~Jy continues
into a parking lot adjacent to the Binz residential hall.
2. The second property is that poraon of Picket Street west of H,~nion Street that currently is a
po~on of the parking lot for Beckman and Binz residential halls.
Lotus College requests the property be vacated in order to. accommodate the new parking lot proposal
presented to the Planning and Zoning Commission as part of a new 84--bed residential housing unit in
that vicinity.
If this is possible, Loras College will work closely with the City's Engineer's Office to obtain the written
consent of the abutting property owners.
Thank you for your donsideration in this'matter.
If there is any further inform~on we could provide, please contact either John McDermott at 588-7011
or me at 588-7109.
Sincerely,
ephen J Schmall
Vice President for Finance & Administrative Services
Prepared by: Michael A. Koch, Public Works Director Address: 50 West 13th Street, Dubuque, IA 52001
RESOLUTION NO. 271-02
RESOLUTION APPROVING PLAT OF PROPOSED VACATED
HELENA STREET AND A PORTION OF HENION STREET
Whereas, there has been presented to the City Council of the City of
Dubuque, Iowa, a plat dated May 3, 2002, prepared by IIW Engineers &
Surveyors, P.C., describing the proposed vacated Helena Street and a portion of
Henion Street; 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 May 3, 2002, prepared by IIW Engineers
and Surveyors, P.C., 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, tv. 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: ~
Karen Mf Chesterman, Deputy City Clerk
20th day of May ,2002.
PLAT OF SURVEY
LOT lA AND LOT 2A OF HODGDON'S SUBDIVISION
IN THE CITY OF DUBUQUE, IOWA
DESCRIPTION: PART OF HELENA STREET AND HENION STREET LYING ADJACENT TO
LOT A AND LOTS 1, 2, 3, 5, 6 & '7 OF HODGDON'S SUBDIVISION;
LOTS 1, 2, 3, 5, 6 & '7 OF HENiON AND BAIRD'S SUBDIVISION; LOT 52A OF YATES' SUBDiVISiON
AND PREVIOUSLY VACATED HELENA STREET IN THE CITY OF DUBUQUE, IOWA
Y ~ TES' SUB[ {VI SIC N
LOT .35 LOT 3¢ LOT 33 LOT 32A LOT 32 LOT 31 LOT 30
~ ~ LOT 2
-- m HENION & BAiRD'S LOT I, ~NION
= ~ LOT 2A z
~ g >
z LOT 1A-~ LOT5
I
~ HELENA ~ HENNA S~EET ~ ~ ~ % '
. STREET ~ ~S73'2~'56'W100.00 % ~-- $ m W. 105' OF LOT 5
LOT I ~/ ~ / OF LOT 7
s~ co~ PICKE~ ST.
Page 2 of 2
SURVEYOR'S CERTIFICATE
I, John M. Tranmer, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certit~ that the
following real estate was surveyed by me or under my direct personal supervision, To Wit:
Part of Helena Street and Henion Street lying adjacent to Lot A and Lots, 1, 2, 3, 5, 6 and 7 of Hodgdon's
Subdivision; Lots 1, 2, 3, 5, 6, and 7 of Henion and Baird's Subdivision; Lot 32A of Yates Sabdivisiou;
and previously vacated Helena Street in the City of Dubuque, Iowa
This survey was performed for the purpose of dividing and platting said real estate henceforth to be
known as:
Lot IA of Hodgdon's Subdivision in the City of Dubuque, Iowa more particularly described as tbllows:
Beginning at the Northeasterly comer of Lot 2 of said Hodgdon's Subdivision;
Thence South 73 degrees 23 minutes 56 seconds West along the Southerly right-of-way line of Helena
Street, 100.00 feet;
Thence North 17 degrees 29 minutes 07 seconds West, 40.00 feet to a point on the Northerly right-of-way
line of said Helena Street;
Thence North 73 degrees 23 minutes 56 seconds East along said Northerly right-of-way line of Helena
Street, 100.00 feet to the Southeasterly comer of Lot 5 of Hodgdon's Subdivision;
Thence South 17 degrees 29 minutes 07 seconds East, 40.00 feet to the point of beginning.
Containing 4,000 square feet, more or less, and subject to easements, reservations, restrictions, and rights-
or'way of record and not or record.
AND
Lot 2A of Hodgdon's Subdivision in the City of Dubuque, Iowa more particularly described as fullows:
Beginning at the Southwesterly comer of Lot I of Henion and Baird's Subdivision in the City of
Dubuque, Iowa;
Thence South 17 degrees 29 minutes 07 seconds East along the Easterly right-of-way line of Henion
Street, 108.00 feet to the Southxvesterly comer of the North 26 feet of the West 105 l~et of Lot 7 of said
Henion and Baird's Subdivision;
Thence South 73 degrees 07 minutes 50 seconds West, 47.50 feet to a point on the Westerly right-of-way
line of said Henion Street;
Thence North 17 degrees 29 minutes 07 seconds West along said Westerly right-of-way line of Henion
Street, 284.85 feet to the Northeasterly comer of Lot 2 of said Henion and Baird's Subdivision;
Thence North 73 degrees 23 minutes 56 seconds East, 47.50 feet to the Northwesterly comer ct" Lot 1 of
said Henion and Baird's Subdivision;
Thence South 17 degrees 29 minutes 07 seconds East along the Easterly right-of-way line of said Benion
Street, 176.64 feet to the point of beginning.
Containing 13,525 square feet, 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.
OWNER'S CONSENT
Dubuque __, Iowa __~_y_ 20 ___, 2002
The foregoing plat of LotlA and Lot 2A of Hodgdon's Subdivision in the City of Dubuque, Iowa, is
made with the free consent and in accordance with the, desires of the undersigned owners and proprietors
of said real estate.
FOR THE CITY OF DUB~.UQUE, IOWA
By Terrance M. Duggan, Mayor
By: Karen M. Chesterman, Deputy City Clerk
State of Iowa )
) SSi
County of Dubuque )
On this 20th day of May ,20 02, before me, a Notary Public in and lbr [be C.~unty
of Dubuqu~ an~d State of Iowa,~ersonally appeared T--~rrance M. Duggan and-~~:'r, t~'t~en~erman
personally tmown wh~o, being duly sworn did say that the said Terrance M. Duggan is Mayor and thc said
-J~ava~--F~.-Se~c4d~r ~s~Clerk of the City of Dubuque, Iowa, and that the seal affixed to the above
instrument is the corporate seal of the City of Dubuque, Iowa, and that said instrument was sigmed and
sealed on behalf of the said ~ity of l~.ubtlllue, Iowa, by authority of the City Council of said city, and the
said Terrance M. Duggan an~a~a~m~F*~ao~-n~cnknowledged the execution of sa d nstrument to be
the voluntary act and deed of said City of Dubuque, Iowa, by it voluntarily exec~Jed.
Witness my hand and notarial seal on the date las~~~~~..~
/s/ Ronald J. Turner, Notary Public
My Commission Expires Feb. 7, 2003
R
CITY COUNCIL
Dubuque, Iowa Ymy 20 200~2
The undersigned, Mayor and Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing plat
in the City of Dubuque, Iowa, as appears on Sheet 1 of ,9~. hereof has been filed in the office of the Clerk
of the City of Dubuque, and that by Resolution No. 271-02 the Dubuque City Council approved
said plat.
Terrance M. Duggan, Mayor of the City of Dubuque,
Karen M. Chesterman, Deputy City Clerk
Deputy Clerkofthe City 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__.
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
ORDINANCE NO. 41-02
ORDINANCE VACATING HELENA STREET AND A PORTION OF
HENION STREET
Whereas, Loras College has requested the vacating of Helena Street and
a portion of Henion Street; and,
Whereas; IIW Engineers & Surveyors, P.C. has prepared and submitted to
the City Council a plat showing the vacated Helena Street and a portion of
Henion Street and assigned lot numbers thereto, which hereinafter shall be
known and described as Lots lA and 2A of Hodgdon's Subdivision, in the City of
Dubuque, Dubuque County, Iowa; and,
Whereas, the City Council of the City of Dubuque, Iowa has determined
that Helena Street and a portion of Henion Street is no longer required for public
use, except for utility easements as noted, and vacating of said Helena Street
and a portion of Henion Street known as Lots lA and 2A of Hodgdon's
Subdivision 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 lA and 2A of
Hodgdon's Subdivision 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 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 20th day of May, 2002.
Terrance M. Duggan, Mayor
Attest:
Karen M. Chesterman, Deputy City Clerk
RESOLUTION NO.. 272-02
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOTS lA
AND 2A OF HODGDON'S SUBDIVISION IN THE CITY OF DUBUQUE, IOWA
Whereas, Loras College has requested the vacating of Helena Street and a
portion of Henion Street; and,
Whereas, IIW Engineers & Surveyors, P.C., has prepared and submitted to the
City Council a plat showing the vacated Helena Street and a portion of Henion Street
and assigned lot numbers thereto, which hereinafter shall be known and described as
Lots lA and 2A of Hodgdon's Subdivision in the City of Dubuque, Dubuque County,
Iowa; and,
Whereas, the City Council of the City of Dubuque, Iowa has determined that
Helena Street and a portion of Henion Street 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 Lots lA and 2 A of Hodgdon's Subdivision 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 Lots
lA and 2A of Hodgdon's Subdivision in the City of Dubuque, Iowa.
Section 2. That the conveyance of Lots lA and 2A of Hodgdon's Subdivision
in the City of Dubuque, Iowa to Loras College be contingent upon the payment of
$13,130.00, 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 20th day of May, 2002.
Terrance M. Duggan, Mayor
Attest:
Karen M. Chesterman, Deputy City Clerk
RESOLUTION NO. -02
RESOLUTION DISPOSING OF CITY INTEREST IN LOTS lA AND 2A
OF HODGDON'S SUBDIVISION, DUBUQUE, IOWA
Whereas, pursuant to resolution and published notice of time and place of
hearing, published in the Telegraph Herald. a newspaper of general circulation
published in the City of Dubuque Iowa on _ day of ,2002, the
City Council of the City of Dubuque, [owa met on the day of
, 2002 at o'clock in the public Library Auditorium, 11~n and
Locust, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of
real estate described as:
Lots lA and 2A of Hodgdon's Subdivision 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
Lots lA and 2A of Hodgdon's Subdivision in the City of Dubuque, Iowa to Loras
College be and the same is hereby approved for the sum of $13,130.00 plus cost
of publication, platting 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, construction, 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 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 Loras College 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 office of the City Assessor.
Dubuque County Recorder, and Dubuque County Auditor.
Passed. approved and adopted this day of
,2002.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk