12th St Vacate to Greg StoversMEMORANDUM
July 9, 2002
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacating Petition - A Portion for 12th Street West of Bluff
In response to a request from Greg and Peggy Stover, Public Works Director Mike Koch
is recommending the vacation of a portion of 12th Street west of Bluff. The area to be
vacated was leased for parking to Egelhof Funeral Home, the previous property owner.
The City Council has previously given preliminary approval of this proposal at the
September 4, 2001 Council meeting. It is further recommended that a public headng be
set for the disposition of the City's interest in the subject area on August 5, 2002, and
that the purchase price be established at $943.68, plus publication and filing fees.
The City has no plans for the utilization of this portion of 12th Street, 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
July 1, 2002
TO: Michael C. Van Milligen, City Manager
FROM: Michael A. Koch, Public Works Director
SUBJECT: Vacating Petition - A Port,on' of 12th Street West of Bluff
INTRODUCTION
This is in response to a request from Greg and Peggy Stover for the vacating of a
portion of 12th Street west of Bluff.
DISCUSSION
The attached plat shows the proposed portion of 12th Street to be vacated. The abutting
properties are owned by Gregory Jon and Peggy E. Stover. The area to be vacated was
leased for parking to Egelhof Funeral Home, the previous property owner. The City
Council had previously given preliminary approval of this proposal at the September 4,
2001 Council meeting.
The area to be vacated is divided into two lots numbered Lots 760A and Lot 776B of
McDaniel's Subdivision. Perpetual easement rights will be reserved on a small portion
of the lot for maintenance of the existing storm sewer utilities.
The property has been valued at $1.61 per square foot. With a credit for surveying and
platting, the purchase price was established at $943.68.
RECOMMENDATION
The City has no plans for the utilization of the portion of 12th Street to be vacated, except
for reserving the utility easements as noted.
I would recommend that the areas indicated by Lot 760A and Lot 776B of McDaniel'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 August 5, 2002. I would further
recommend that the purchase price be established at $943.68, plus 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.
Prepared by Ronald J. Turner, P.L.S.
VACATE LOCATION
PURPOSE:
12TH STREET
VACATE
MAP
NORTH
MEMORANDUM
August 30, 2001
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacating A Portion of 12th Street
Greg and Peggy Stover are requesting preliminary approval from the City Council on
the vacation of a 12-foot wide portion of the 12th Street right-of-way, immediately west of
Bluff Street. This preliminary approval would allow the Stovers to continue with their
plans to develop the property, however, a public hearing will need to be held and the
Stovers can be given no assurance as to the results of that public hearing.
This property had been used by Egelhof-Casper Funeral Home as part of their parking
lot under a revocable permit from the City of Dubuque. The Stovers want to eliminate
the revocable permit and take ownership of the property.
Public Works Director Mike Koch advises that the City has no plans for the use of this
property and is recommending giving preliminary approval to the vacation.
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
August 28, 2001
TO: Michael C. Van Milligen, City Manager
FROM: Michael, A. Koch, Pub,lc Works Director
SUBJECT: Vacating A Portion of 1 2th Street
INTRODUCTION
Enclosed is a petition for Greg and Peggy Stover to vacate a 12-foot wide portion
of the 12th Street right-of-way, immediately west of Bluff Street.
BACKGROUND
Egelhof-Casper Funeral Home has utilized the northerly 12 feet of the 12th Street
right-of-way under a permit with the City for private parking since at least 1973.
They have held this permit under a 30-day revocable permit upon notice by the
City.
Recently Greg and Peggy Stover have purchased the Egelhof property, together
with the 12th Street parking lot. At the time of the sale, they were not aware that
they did not own the northerly 12 feet of the parking lot, which can accommodate
seven (7) parking stalls. The Stovers have indicated that parking is a major factor
in their investment, because of the lack of parking in this area.
Since the parking is so essential to their operation, they have indicated that a
continuation of a permit which contains a unilateral 30-day revocation clause would
not be acceptable to them.
DISCUSSION
In lieu of a permit to use the property, they are requesting to vacate the same 12
feet of the right-of-way.
It is unlikely, given the topography of 12th Street, that the street would ever be
widened. Currently there is sufficient room to allow two cars to pass by each
other, since there is no parking allowed on the street. City staff has taken a look
at the property values in this area as appraised by the County of Dubuque and have
estimated an average value of $1.61 per square foot.
The Stovers are willing to purchase the vacated right-of-way for $1.61 per square
foot, for a total of $2,700. The City does allow a credit for surveying in the
vacating of small parcels, which could amount from $600 to $1,000 credit, for a
net purchase price of $1,700 to $2,100.
RECOMMENDATION
I would recommend that the City Council consider the vacating of a portion of 12th
Street right-of-way since no improvements are envisioned for this portion of 12th
Street. Vacating of the right-of-way would, however, mean that the street could
never be widened beyond its current width. Other improvements, such as curb and
gutter and new paving and sidewalks, could still be accomplished within the
remaining right-of-way.
ACTION TO BE TAKEN
I would ask that the Council consider the request and give preliminary approval on
the requested vacating. This would then allow the Stovers to continue with their
plans to develop the property while a surveyor's plat is being prepared for the
formal vacating process. The approval of Council at this time would not be
binding, since formal vacating of the street can only be finalized after a public
hearing, and subsequent approval by the City Council. Any costs incurred by the
Stovers prior to the formal City Council approval would be at their sole expense.
MAK/vjd
~ 50
50 Feet
PROPOSED 12th STREET VACATE
7/20/01
Mr. Bob Schiesl
Civil Engineer
City of Dubuque, IA 52001
Re: Parking lot at 12th and Bluff
Dear Bob:
We wanted to get back to you regarding the disposition of the parking lot issue we
discussed a few weeks ago. (The lot on the South West corner of 12 and Bluff)
As you know, we were shocked to find out that the City of Dubuque owns a portion of
that lot, and had been leasing it to Chuck Egelhof for 20 plus years.
We had a productive meeting with Mike Koch regarding this issue, and it is my
understanding is that it has been handed to you due to concerns with property lines, etc.
Just to clarify the issue, there are two issues present, which can be discussed separately or
together. They are:
1. The 11'-12' that the City owns adjoining 12th Street is critical to the success of my
business venture. We paid a lot of money for that lot, and cannot be placed in a
position where the City could revoke a lease. Basically, we either need to own it all,
or we won't need the other part either Parking was the most debated issue about
buying this building.
2. There are the (2) 25' x 25' lots at the rear of my parking lot, which abut to Lower
Grove Terrace. The County put these up for auction, and I was the only bidder. As
you know, I do not want any liability for the wall holding up the street. You have
made it clear that the wall is in fact on those lots. I am still interested in acquiring
those lots.
As we discussed, it is highly unlikely that the City will ever widen 12th Street, so there is
no reason for the City to maintain ownership of that stop of land. It was suggested to us
that the City might sell it for approximately $2700. This would probably be the most
expeditious route to take to solve the problem. We can then go back to the sellers to
discuss compensation, since this was not disclosed in the sales documents.
Regarding the lots: We are interested (down the road) in putting up a carriage
house/garage at the West end of our lot. It would be nice if we could utilize a portion of
those (2) tiny lots in order to consider building a rental unit up above the garage, which
might project out onto the lots a few feet. There might be a deck on the West side, or
some such structure. We are very open to what the City would have to say about
arrangements along those lines.
It is clear that no one is going to take legal responsibility away from either the County or
City for that wall, in order to build a tiny structure on the land. Our proposal might make
it feasible for us to build a nicer structure, more in keeping with the neighborhood.
Especially if we could rent out the upstairs unit.
Just for your information, there was a 2-story RB&B carriage house on the property in
the late 1800's. It had some sort of cupola on top. Pictures we have seen are exceedingly
dark, and without a lot of detail present. We will of course do considerable research
before approaching the City to build that carriage house. It is too early to draw up plans,
but in general, it would be about a 24' x 34' rectangle, 2 floors high, with a gable roof of
about 6/12 pitch.
Just for your information, last night we were granted permission to tear down our 1500
square foot masonry garage here at 1145 Locust. This is a current and viable project for
the Fannie Stout House, since we will need to replace that lost storage at some point.
Once again, we appreciate your help, and look forward to hearing from you regarding
resolution of those issues.
Sincerely,
Greg & Peggy Stover
582-2218
CC Laura Carstens
Prepared by: Ronald J. Tumer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO. 374-02
RESOLUTION APPROVING PLAT OF PROPOSED VACATED
PORTION OF 12TM STREET WEST OF BLUFF
Whereas, there has been presented to the City Council of the City of
Dubuque, Iowa, a plat dated the 21st day of June, 2002, prepared by Buesing &
Associates, describing the proposed vacated portion of 12th Street west of Bluff;
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 21st day of June, 2002, 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 storm sewers as may be authorized by the City of Dubuque, Iowa, as
shown on the Plat of Survey of Lot 760A of McDaniel's Subdivision.
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
15th day of Ju]y
Terrance M. Duggan, Mayor-
PLAT OF SURVEY for
:VACATING A PORTION OF 12TH STREET,
:THE DIVISION OF LOT 776 OF McDANIEL'S SUBDIVISON,
:AND A RETRACEMENT OF THE EASTERLY 115 FEET OF LOT 760 OF McDANIEL'S
SUBDIVISION IN THE CITY OF DUBUQUE, IOWA.
DETAIL NO SCALE
LEGEND
.......... EASEMENT LiNE
NOTES
PLAT OF SURVEY
ORDINANCE NO. 57-02
ORDINANCE VACATING A PORTION ON 12TM STREET WEST OF
BLUFF
Whereas, Gregory Jori and Peggy E. Stover have requested the vacating
of a portion of 12th Street west of Bluff; and,
Whereas, Buesing & Associates has prepared and submitted to the City
Council a plat showing the vacated portion of 12th Street west of Bluff, which
hereinafter shall be known and described as Lot 760A and Lot 776B of
McDaniel's Subdivision, 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 12th Street west of Bluff is no longer required for public use,
except for utility easements as noted, and vacating of said portion of 12th Street
west of Bluff known as Lot 760A and Lot 776B of McDaniel'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 Lot 760A and Lot 776B of
McDaniel'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 storm sewers as may be authorized by the City of Dubuque, Iowa, as
shown on the Plat of Survey of Lot 760A of McDaniel's Subdivision.
Passed, approved and adopted this 15th day of July, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
_/J'eanne F. Schneider, CMC, City Clerk
dayof July _ ,~2002.
./t~rance f~. Du~/FC~ayor
RESOLUTION NO, 375-02
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT
760A AND LOT 776B OF MCDANIEL'S SUBDIVISION, DUBUQUE, IOWA
Whereas, Gregory Jon and Peggy E. Stover have requested the vacating
of a portion of 12th Street west of Bluff; and
Whereas, Buesing & Associates has prepared and submitted to the City
Council a plat showing the vacated portion of 12th Street west of Bluff and
assigned lot numbers thereto, which hereinafter shall be known and described as
Lot 760A and Lot 776B of McDaniel's Subdivision in the City of Dubuque, Iowa;
and
Whereas, the City Council of the City of Dubuque, Iowa has determined
that this portion of 12th Street west of Bluff is no longer required for public use,
except for utility easements as noted, and vacating and sale of said portion of
12th Street west of Bluff known as Lot 760A and Lot 776B of McDaniel'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
Lot 760A and Lot 776B of McDaniers Subdivision in the City of Dubuque, Iowa.
Section 2. That the conveyance of Lot 760A and Lot 776B of
McDaniel's Subdivision in the City of Dubuque, iowa to Gregory Jon and Peggy
E. Stover be contingent upon the payment of $943.68, plus 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 storm sewers as may be authorized by the City of Dubuque, Iowa, as
shown on the Plat of Survey of Lot 160A of McDaniel's Subdivision.
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 15th day of July, 2002.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMO, 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 760A AND LOT
776B of MCDANIEL'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 cimulation
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 760A and Lot 776B of McDaniel'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
Lot 760A and Lot 776B of McDaniel's Subdivision in the City of Dubuque, Iowa to
Gregory Jon and Peggy E. Stover be and the same is hereby approved for the
sum of $943.68, plus the cost of 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 dght of ingress and egress thereto, for the purpose of
erecting, installing, constructing, reconstructing, repairing, owning, operating, and
maintaining storm sewers as may be authorized by the City of Dubuque, Iowa, as
shown on the Plat of Survey of Lot 760A of McDaniel's Subdivision.
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 Gregory Jon and Peggy E. Stover 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.
Te~ance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk