Southern Ave (Stewart S) VacateMEMORANDUM
June 24, 2002
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacating Petition - Southern Avenue (Formerly Platted as Stewart Street)
In response to a request from David S. Hartig, Jr., Public Works Director Mike Koch is
recommending the vacation of a portion of Southern Avenue (formerly platted as
Stewart Street). He further recommends a public hearing be set for the disposition of
the City's interest in the subject area on July 15, 2002, and further recommends that the
purchase price be established at $1,600, plus platting, publication and filing fees.
The City has no plans for the utilization of this portion of Southern Avenue, except for
reserving the utility easements as noted.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
June 24, 2002
TO: Michael C. Van Milligen, City Manager
FROM: Michael A. Koch, Public Works Director
SUBJECT: Vacating Petition - Southern Avenue
(Formerly Platted as Stewart Street)
INTRODUCTION
This is in response to a request from David S. Hartig, Jr. for the vacating of a
portion of Southern Avenue (formerly platted as Stewart Street).
DISCUSSION
The attached plat shows the area proposed to be vacated. The abutting
properties are owned by David S. Hartig, Jr. and Kathleen J. Dittmar. Mr. Hartig
plans on utilizing the vacated area for additional landscaping.
The area to be vacated is platted into one lot numbered Lot 6A of Shipton's
Addition in the City of Dubuque, Dubuque County, Iowa.
This area was a portion of Stewart Street originally platted in 1857. The south
end of Stewart Street merged into a Township Road, now commonly known as
Southern Avenue. The area to be vacated is excess property located at the
intersection of Davenport Road, Stewart Street (a.k.a. Southern Avenue) and the
Township Road. Perpetual easement rights will be reserved on the entire Lot 6A
for the maintenance and construction of utilities.
The property has been valued at $1,600.00.
RECOMMENDATION
The City has no plans for the utilization of this portion of Southern Avenue
(formerly platted as Stewart Street), except for reserving utility easements as
noted.
I would recommend that the area indicated by Lot 6A of Shipton's Addition in the
City of Dubuque, Dubuque County, Iowa, 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 July 15, 2002. I would further recommend that the purchase price be
established at $1,600.00, 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/vjd
Prepared by Ronald J. Turner, P.L.S.
David Hartig Jr.
P 0 Box 604
Dubuque IA 52004-0604
October 11, 1993
The Honorable Mayor & Members of the City Council
City Hall
13th & Central
Dubuque IA 52001
Dear Mr. Mayor & Members of the Council:
A request is hereby made to vacate and offer for sale
that portion of city property in the 1500 block of
Southern Avenue exceeding the 66' right of way normally
reserved for a city street.
Two adjacent properties are affected by this vacation,
Kathleen Dittmar, 1428 Southern and the David Hartig
property at 1553 Southern. Mrs Dittmar has submitted
a letter indicating her approval of the vacation and
sale of the property to David Hartig.
Purchase of the unused, unneeded portion of city property
will enable Mr. Hartig to put together 3 parcels of
adjacent land, such as to allow for off street parking
on that portion of the 1500 block off Southern Avenue
(formerly in the County) currently reduced to one lane
of traffic with parking.
It is my understanding that the city engineer has given
his tentative approval to this vacation.
Yours truly,
David Hartig Jr.
SHIPTON'S ADDITION
VACATE LOCATION
VICINITY MAP
PURPOSE:
VACATION OF LOT
6A OF SHIPTONS
ADDITION
NORTH
Prepared by: Ronald J. Tumer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO. 346-02
RESOLUTION APPROVING PLAT OF PROPOSED VACATED
SOUTHERN AVENUE (FORMERLY PLATTED AS STEWART STREET)
Whereas, there has been presented to the City Council of the City of
Dubuque, Iowa, a plat dated May 24, 2002, prepared by IIW Engineers &
Surveyors, P.C., describing the proposed vacated portion of Southern Avenue
(formerly platted as Stewart 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 24, 2002, prepared by IIW
Engineers & 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, sower, drainage, gas, telephone, television cable, fiber optics,
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
2002.
Attest:
Jeanne F.. Schneider, CMC, City Clerk
1st day of July, 2002.
Terrance M. Duggan, Mayor
PLAT OF SURVEY
LOT 6A OF SHIPTON'S ADDITION
IN THE CITY OF DUBUQUE, IOWA
DESCRIPTION: PART OF VACATED SOUTHERN AVENUE
IN THE CITY OF DUBUQUE, IOWA
_LEGEND /
PARCEL BOUNDARv
· FOUND MONUMENT AS NOTED /
0 SET 5/6" iRON ROD W/
PLAS'~C CAP NO. 12631
( ) RECORD ~NFORMA]]ON /
GRAPHIC SCALE
0 1 O0 200
LOT 1
LOT 1-2-2-1-1
DEBOLD'S PLACE
~ LOT 2-2-2-1--
NORTH D~.OL~'S PLACE
NOTE
THIS SURVEy IS SUBJECT TO EASEMENTS,
RESERVA'~ONS, RESTRICTIONS AND RIGHTS-
OF-WAY OF RECORD AND NOT OF RECORD.
ALL DISTANCES ARE IN FEET
AND DECIMALS THEREOF.
PROPRIETOR: CITY OF DUBUQUE
SURVEYED FOR: DAVID S_ -tARTIG, JR.
LOTS 1 & 2
DIEBOLD'S
PLACE NO. 2
LOT 5
DIEBOLD'S
PLACE NO. 2
PIPE
TOTAL AREA SURVEYED: 15,811 S.F.
DATE OF SURVEy: NOVEMBER 14, 2001
_~2~ IIW ENGINEERS &
SURVEYORS, P.C.
ORDINANCE NO. 55-02
ORDINANCE VACATING A PORTION OF SOUTHERN AVENUE (FORMERLY
PLATTED AS STEWART STREET)
Whereas, David S. Hartig, Jr. has requested the vacating of a portion of Southern
Avenue (formerly platted as Stewart Street); and
Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City
Council a plat showing the vacated portion of Southern Avenue (formerly platted as
Stewart Street) and assigned a lot number thereto, which hereinafter shall be known and
described as Lot 6A of Shipton's Addition 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 Southern Avenue (formerly platted as Stewart Street) is no longer required for
public use, except for utility easements as noted, and vacating of said portion of Southern
Avenue (formerly platted as Stewart Street) known as Lot 6A of Shipton's Addition, 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 Lot 6A of Shipton's Addition in the
City of Dubuque, Dubuque County, 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, television cable, fiber optics, and electdc lines as may be
authorized by the City of Dubuque, iowa.
Passed, approved and adopted this 1 st
day of July, 2002.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 347-02
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT
6A OF SHIPTON'S ADDITION IN THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA
Whereas, David S. Hartig, Jr. has reqUested the vacating of a portion of
Southern Avenue (formerly platted as Stewart Street); and
Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to
the City Council a plat showing the vacated portion of Southern Avenue (formerly
platted as Stewart Street) and assigned a lot number thereto, which hereinafter
shall be known and described as Lot 6A of Shipton's Addition 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 Southern Avenue (formerly platted as Stewart Street) is no
longer required for public use, except for utility easements as noted, and vacating
and sale of said portions of alleys and s. treets known as Lot 6A of Shipton's
Addition 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 6A of Shipton's Addition in the City of Dubuque, Dubuque County, Iowa.
Section 2. That the conveyance of Lot 6A of Shipton's Addition in the
City of Dubuque, Dubuque County, Iowa to David S. Hartig, Jr. be contingent
upon the payment of $1,600.00, 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, television cable, fiber optics,
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 1st day of July, 2002.
Terrance M. Duggan, Mayor
Attest: .
Jeanne F. Schneider, CMC, City Clerk
1st
day of July ,2002.
RESOLUTION NO.
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT
6A OF SHIPTON'S ADDITION IN THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA
Whereas, David S. Hartig, Jr. has requested the vacating of a portion of
Southern Avenue (formerly platted as Stewart Street); and
Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to
the City Council a plat showing the vacated portion of Southern Avenue (formerly
platted as Stewart Street) and assigned a lot number thereto, which hereinafter
shall be known and described as Lot 6A of Shipton's Addition 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 Southern Avenue (formerly platted as Stewart Street) is no
longer required for public use, except for utility easements as noted, and vacating
and sale of said portions of alleys and s. treets known as Lot 6A of Shipton's
Addition 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 6A of Shipton's Addition in the City of Dubuque, Dubuque County, Iowa.
Section 2. That the conveyance of Lot 6A of Shipton's Addition in the
City of Dubuque, Dubuque County, Iowa to David S. Hartig, Jr. be contingent
upon the payment of $1,600.00, 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, television cable, fiber optics,
and electdc 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
day of ,2002.
Attest:
Terrance M. Duggan, Mayor
Jeanne F. Schneider, CMC, City Clerk
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO.
RESOLUTION DISPOSING OF CITY INTEREST IN LOT 6A OF
SHIPTON'S ADDITION 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 newspaper of general circulation
published in the City of Dubuque, Iowa on this __ day of ,2002,
the City Council of the City of Dubuque, Iowa met on the day of
,2002, at 6:30 p.m. in the Public Library Auditorium, 360 West 11
Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of
real estate described as:
Lot 6A of Shipton's Addition 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 6A of Shipton's Addition in the City of Dubuque, Dubuque County, Iowa to
David S. Hartig, Jr. be and the same is hereby approved for the sum of
$1,600.00 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 dght of ingress and egress thereto, for the purpose of
erecting, installing, constructing, reconstructing, repairing, owning, operating, and
maintaining water, sewer, drainage, gas, telephone, television cable, fiber optics,
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 David S. Hartig, Jr. 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.
Passed, approved and adopted this
day of ., 2002.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk