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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