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Kimball St Vacate - M. SchmalzMEMORANDUM August 27, 2002 TO:The Honorable Mayor and City Council Members FROM:Michael C. Van Milligen, City Manager SUBJECT:Vacating Petition - Kimball Street In response to a request from Michael Schmalz to vacate a part of Kimball Street west of Rhomberg Avenue, Leisure Services Manager Gil Spence states that the City has no plans for the utilization of that portion of Kimball Street, recommends that the purchase price be established at $1,650, plus platting, publication and filing fees, and that a public hearing be set for September 16, 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 Gil Spence, Leisure Services Manager TO:Michael C. Van Milligen, City Manager FROM:Gil Spence, Leisure Services Manager SUBJECT:Vacating Petition - Kimball Street CITY OF DUBUQUE, IOWA MEMORANDUM August 27, 2002 INTRODUCTION This is in response to a request from Michael Schmalz for the vacating of a part of Kimball Street west of Rhomberg Avenue. DISCUSSION The attached plat shows the proposed part of Kimball Street west of Rhomberg Avenue to be vacated. The abutting properties are owned by Michael Schmalz. The area to be vacated is divided into one lot numbered Lot 31A of Eagle Point. Lot 31A of Eagle Point is an existing 60-foot wide street on which no public utilities exist. The property has been valued at $1 ,$50.00. RECOMMENDATION The City has no plans for the utilization of this part of Kimball Street west of Rhomberg Avenue to be vacated. I would recommend that the area indicated by Lot 31A of Eagle Point 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 would further recommend that the purchase price be established at $1,650.00, plus platting, publication, and filing fees. ACTION STEP The recommendation of the City Manager should be approved and a public hearing should be scheduled on the disposal of the property through the adoption of the enclosed resolutions and ordinance. GDS:et Prepared by Ronald J. Turner, P.L.S. Preparer: Gil D. Spence Address: 2200 Bunker Hill Rd Phone: (563) 589-4263 RESOLUTION NO, 455-02 RESOLUTION APPROVING PLAT OF PROPOSED VACATED PART OF KIMBALL STREET WEST OF RHOMBERG AVENUE Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated December 28, 2001, prepared by IIW Engineers & Surveyors, PC, describing the proposed vacated part of Kimball Street west of Rhomberg Avenue; 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 December 28, 2001 prepared by IIW Engineers & Surveyors, PC, 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 3rd day of September,2002. ________________________ Terrance M. Duggan, Mayor Attest: ___________________________ Jeanne F. Schneider, City Clerk PK ORDINANCE NO. 72-02 ORDINANCE VACATING A PART OF KIMBALL STREET WEST OF RHOMBERG AVENUE Whereas, Michael Schmalz has requested the vacating of a part of Kimball Street west of Rhomberg Avenue; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated part of Kimball Street west of Rhomberg Avenue and assigned lot number thereto, which hereinafter shall be known and described as Lot 31A of Eagle Point, in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that portion of Kimball Street west of Rhomberg Avenue is no longer required for public use; and vacating of said part of Kimball Street west of Rhomberg Avenue known as Lot 31A of Eagle Point, 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 31A of Eagle Point in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 3rd day of September ,2002. _______________________ Terrance M. Duggan, Mayor Attest: ________________________________ Jeanne F. Schneider, CMC, City Clerk PLAT OF SURVEY LOT 31A OF EAGLE POINT IN THE CITY OF DUBUQUE, IOWA DESCRIPTION: BEING A VACATION OF THE PART OF KIMBALL STREET WEST OF THE WEST RIGHT--OF--WAY LINE OF RHOMBERG AVENUE AND NORTH OF LOT 31 OF EAGLE POINT IN THE CITY OF DUBUQUE, IOWA THIS SURVEY IS SUBJECT TO EASEMENTS, COVENANTS, SERVITUDES, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD AND NOT OF' RECORD. SURVEYED FOR: CITY OF DUBUQUE PROPRIETOR: CITY OF DUBUQUE DATE OF SURVEY: NOVEMBER 2001 BALL STREET VACATE LOCATION KIMBALL ST PURPOSE: KIMBALL STREET VACATE (SCHMALZ) NORTH Preparer: Gil D. Soence Address: 2200 Bunker Hill Rd Phone: (563) 589-4263 RESOLUTION NO. RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 3'lA OF EAGLE POINT, LOT 1, LOT 2, AND LOT 3 OF EAGLE POINT NO. 2, DUBUQUE, IOWA Whereas, Clint Johnson, John Duccini, and Michael Schmalz have requested the vacating and purchase of City property; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated portion of Kimball Street west of Rhomberg Avenue and unused land of Eagle Point Park and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 31A of Eagle Point, Lot 1, Lot 2, and Lot 3 of Eagle Point No. 2 in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that these parcels are no longer required for public use, and vacating and sale of said lands known as Lot 31A of Eagle Point, Lot 1, Lot 2, and Lot 3 of Eagle Point No. 2 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 31A of Eagle Point, Lot 1, Lot 2, and Lot 3 of Eagle Point No. 2 in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot I of Eagle Point No. 2 in the City of Dubuque, Iowa, to Clint Johnson be contingent upon the payment of $5,000.00, plus platting, publication and filing fees. Section 3. That the conveyance of Lot 2 of Eagle Point No. 2 in the City of Dubuque, Iowa, to John Duccini be contingent upon the payment of $3,850.00, plus platting, publication and filing fees. Section 4. That the conveyance of Lot 3 of Eagle Point No. 2 and Lot 31A of Eagle Point in the City of Dubuque, Iowa, to Michael Schmalz be contingent upon the payment of $2,450.00, plus platting, publication and filing fees.