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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