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.