Raven Oaks Vacate, Arbor GlenMEMORANDUM
August 14, 2002
TO:
The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacating Petition - Raven Oaks Drive
A request has been received from Joseph C. Weis, representing Arbor Glen Limited
Partnership, for the vacating of a portion of Raven Oaks Drive, platted in Oak Brook
Development. The abutting properties are owned by Felderman Business Associates,
Dubuque Lumber Company, and Milton A. and Janet O. Avenarius, who have
consented to the vacation.
Assistant City Engineer Gus Psihoyos states that the City has no plans for the utilization
of that portion of Raven Oaks Drive platted in Oak Brook Development to be vacated,
except for a replatted new cul-de-sac near the west end of the development, agreed to
by the developers.
The City has negotiated a trade of the vacated right-of way for an area along the north
and east sides of the development for a 100-year flood easement for the proposed
Carter Road Detention Basin. The value of this property is less than the area being
vacated, but the area required for the easement is double the area to be vacated. The
City has estimated these two property values to be approximately equal and, therefore,
it is recommended that the purchase price be established at $1.00, plus platting,
publication and filing fees, and that a public hearing be set for September 3, 2002.
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
Gus Psihoyos, Assistant City Engineer
CITY OF DUBUQUE, IOWA
MEMORANDUM
August 13, 2002
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, Assistant City Engineer
SUBJECT: Vacating Petition - Raven Oaks Drive
INTRODUCTION
This is in response to a request from Joseph C. Weis, representing Arbor Glen,
Limited Partnership for the vacating of the portion of Raven Oaks Drive, platted in
Oak Brook Development.
DISCUSSION
The attached plat shows the proposed area of Raven Oaks to be vacated. The
abutting properties are owned by Felderman Business Associates, Dubuque
Lumber Company, and Milton A. and Janet O. Avenarius who have consented to
vacating.
This portion of Raven Oaks Drive was platted and dedicated as public right-of-
way in 1979 as part of the Oak Brook Development plat. No improvement to the
street or any public utilities were installed. The current developer's approved
PUD indicates a cul-de-sac near the west end of the parcel, thereby eliminating
the need for the existing platted right-of-way. The developer has agreed to
dedicate the necessary land for the new cul-de-sac.
The area to be vacated is divided into one lot numbered Lot A of Oak Brook
Development. Lot A of Oak Brook Development is an existing 50-foot wide street
on which no public utilities exist. The property has been valued at $.77 per
square foot, for a total of $21,527.00, based on the listed sale price of the
property.
The City has negotiated a trade of the vacated right-of-way for an area along the
north and east sides of the development for a 100-year flood easement for the
proposed Carter Road Detention Basin. The value of this property is less than
the area being vacated, but the area required for the easement is double the
area to be vacated. The City has estimated these two property values to be
approximately equal and, therefore, will propose a purchase price of $1.00, plus
platting, publication, and filing fees.
RECOMMENDATION
The City has no plans for the utilization of that portion of Raven Oaks Drive
platted in Oak Brook Development to be vacated, except for a replatted new cul-
de-sac near the west end of the development.
I would recommend that the area indicated by Lot A of Oak Brook Development
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 September 3, 2002. I
wo.uld further recommend that the purchase price be established at $1.00, plus
platting, publication and filing fees.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and a public
hearing should be scheduled on the disposal of the property through adoption of
the enclosed resolutions and ordinance.
MAK/vjd
Prepared by Ronald J. Turner, P.L.S.
AREA TO BE VACATED
PURPOSE:
RAVEN OAKS DRIVE
VACATE
ilCINITY MAP
ARBOR GLEN,
Limited Partnership
7645 Lyndale Avenue South · Minneapolis, ~ 55423
August 8, 2002
The Honorable Mayor & City Council
50th W. 13m Street
Dubuque, IA 52001
Mayor and City Council:
We are requesting the vacation of the proposed extension of Raven Oaks drive.
See colored section of enclosed drawing which was taken from the Alta survey of the
property.
The reason for the requested vacation is to enable us to proceed ~¼th the development
approved by the council some time ago.
Your prompt consideration of this matter would be greatly appreciated. We just have a
few more hoops to go through with the City before we can start construction.
Thank you for your consideration.
Sincerely,
ARBOR GLEN LTD. PARTNERSHIP
~ Joseph C. Weis
Chief Manager
JCW/nf
Enclosure
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WE THE LrNDERSIGNED OWNERS OF LAND IN OAK BROOK DEVELOPMENT,
CONSENT TO THE VACATING OF RAVEN OAKS DRIVE FOR USE BY ARBOR
GLEN, L.P. AND/OR MWF PROPERTIES.
DUBUQUE ~MBER COMPANY, INC.
FI ~v/AN BUSINESS ASSOCIATES
~ L. FELDERMAN
~I ,DERMAN BUSINESS ASSOCIATES
JANET B. FELDERMAN
ROBERT J. FELDERMAN
MILTON A. AVENARIUS
JANET O. AVENARIUS
DATED:
DATED:
DATED:
DATED:
~PLAT OF SURVEy
LOT "A' OF OAK BROOK DEVELOPMI~.NT
.. 'IN -~-.~'. ~.~J. TY OF DUBUQUE,' IOWA
BEING A VACA~ON OF ~E ~GHT OF WAY OF ~VEN OA~
D~VE ~ OAK BROOK DEVELOPMENT
CO~AINING 0.64 ACRE$, MO~ OR
~U~UST 13, 2~2
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'nd the r~"' .u--*y --rk w~ ,rtorm, by me or .nd. ~~~~,~ ~
Prepared by: Ronald J. Tumer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO. 426-02
RESOLUTION APPROVING PLAT OF PROPOSED VACATED
PORTION OF RAVEN OAKS DRIVE PLATTED IN OAK BROOK
DEVELOPMENT
Whereas, there has been presented to the City Council of the City of
Dubuque, Iowa, a plat dated August 13, 2002, prepared by Egger Engineering &
Land Surveying, P.C., describing the proposed vacated portion of Raven Oaks
Ddve platted in Oak Brook Development; 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 August 13, 2002, prepared by Egger
Engineering & Land Surveying, 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. 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 19th day of August. ,
2002.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
ORDINANCE NO.
ORDINANCE VACATING THE PORTION OF RAVEN OAKS DRIVE PLATTED IN
OAK BROOK DEVELOPMENT
Whereas, Arbor Glen, Limited Partnership has requested the vacating of the portion
of Raven Oaks Drive platted in Oak Brook Development; and
Whereas, Egger Engineering & Land Surveying, P.C. has prepared and submitted to
the City Council a plat showing the vacated portion of Raven Oaks Drive platted in Oak
Brook Development and assigned lot number thereto, which hereinafter shall be known
and described as Lot A of Oak Brook Development, in the City of Dubuque, Dubuque
County, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has determined that the
portion of Raven Oaks Drive platted in Oak Brook Development is no longer required for
public use and vacating the portion of Raven Oaks Drive platted in Oak Brook
Development known as Lot A of Oak Brook Development, 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 A of Oak Brook Development in
the City of Dubuque, Iowa, be and the same is hereby vacated.
Passed, approved and adopted this
day of ., 2002.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 427-02
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT A
OF OAK BROOK DEVELOPMENT, DUBUQUE, IOWA
Whereas, the Arbor Glen, Limited Partnership has requested the vacating
of the portion of Raven Oaks Drive platted in Oak Brook Development; and
Whereas, Egger Engineering & Land Surveyors, P.C. has prepared and
submitted to the City Council a plat showing the vacated portion of Raven Oaks
Drive platted in Oak Brook Development and assigned lot numbers thereto,
which hereinafter shall be known and described as Lot A of Oak Brook
Development in the City of Dubuque, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has determined
that this portion of Raven Oaks Drive platted in Oak Brook Development is no
longer required for public use, and vacating and sale of said portion of the street
known as Lot A of Oak Brook Development 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 A of Oak Brook Development in the City of Dubuque, Iowa.
Section 2. That the conveyance of Lot A of Oak Brook Development in
the City of Dubuque, Iowa to the Arbor Glen, Limited Partnership be contingent
upon the payment of $1.00, plus platting, publication and filing fees, and the
execution of an agreement to provide the City of Dubuque with a 100-year flood
easement along the northerly and easterly sides of Arbor Glen Development, the
limits of which will be determined by design of the Carter Road detention
structure, at no cost to the City.
Section 3. 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 19t. h
Attest:
/y/~f Augusrt., ,2002.
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 A OF OAK
BROOK DEVELOPMENT, 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 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 A of Oak Brook Development, 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 A of Oak Brook Development in the City of Dubuque, Iowa to Arbor Glen,
Limited Partnership be and the same is hereby approved for the sum of $1.00
plus cost of publication, platting and filing fees, and the execution of an
agreement to provide the City of Dubuque with a 100-year flood easement along
the northerly and easterly sides of Arbor Glen Development, the limits of which
will be determined by design of the Carter Road detention structure, at no cost to
the City. Conveyance shall be by Quit Claim Deed.
Section 2. 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 Arbor Glen, Limited Partnership upon receipt
of the purchase price in full.
Section 3. 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