Old Mill Road vacate D. HartigMEMORANDUM
August 28, 2002
TO:The Honorable Mayor and City Council Members
FROM:Michael C. Van Milligen, City Manager
SUBJECT:Vacating Petition - Old Mill Road
A request has been received from David S. Hartig, Jr., for the vacating of a portion of
Old Mill Road.
Public Works Director Mike Koch states that the City has no plans for the utilization of
this portion of Old Mill Road, except for reserving utility easements as noted, and
recommends the vacation, that the purchase price be established at $300.00, 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
Michael A. Koch, Public Works Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
August 28, 2002
TO: Michael C. Van Milligen, City Manager
FROM: Michael A. Koch, Public Works Director
SUBJECT: Vacating Petition- Old Mill Road
INTRODUCTION
This is in response to a request from David S. Hartig, Jr. for the vacating of a
portion of Old Mill Road.
DISCUSSION
The attached plat shows the area proposed to be vacated. The abutting
properties are owned by David S. Hartig, Jr. and Tim Pancratz. Mr. Hartig plans
on utilizing the vacated area for landscaping and green space.
The area to be vacated is platted into one lot numbered Lot A of Old Mill Place in
the City of Dubuque, Dubuque County, Iowa. Lot B will remain a 50-foot wide
right of way for Old Mill Road.
This area was a portion of Old Mill Road right of way. The reconstruction of Kelly
Lane shifted the road southwesterly. The area to be vacated is excess right of
way located north of the bridge over Catfish Creek. Tim Pancratz has consented
to the vacate and does not want to pumhase the portion abutting his lot.
Perpetual easement rights will be reserved on the entire Lot A for the
maintenance and construction of utilities.
The property has been valued at $300.00.
RECOMMENDATION
The City has no plans for the utilization of this portion of Old Mill Road, except for
reserving utility easements as noted.
I would recommend that the area indicated by Lot A of Old Mill Place in the City
of Dubuque, Dubuque County, Iowa, 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 16, 2002. I would further recommend that the purchase price be
established at $300.00, plus platting, publication and filing fees.
ACTION TO BE TAKEN
That 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 ordinances.
MAK/Ims
Prepared by Ronald J. Turner, P.L.S.
LOT A
OLD MILL PLACE
VACATE LOCATION
VICINITY MAP
PURPOSE:
VACATE OF LOT A
OF OLD MILL PLACE
(HARTIG)
NORTH
David S. Hardg
1255 Southern Ave.
Dubuque, Iowa 52003
319-557-9490
November 19, 2001
Honorable Mayor Terry Duggan and City Council
50W. 13th St.
Dubuque, Iowa 52001
Honorable Mayor Terry Duggan and City Council:
I am interested to see ifI could acquire a portion of City property in accordance with the
City of Dubuque vacating procedures.
I have spoken with Ron Turner at the City Engineer's office to have the area checked for
sewer utilities and was given a preliminary indication that the vacating is favorable. The
Property is located on Old Mill Road. See attached diagram. It runs adjacent to property
that I own which is "Old Mill Place," and is all within the flood plain.
The reason for my purchase is to aesthetically protect and enhance the land with
appropriate tree and shrub plantings and I will provide for their regular upkeep.
If this is possible, I will work closely wkh the Cky Engineer's Office to obtain written
consent of the contiguous property owners.
Thank you for your consideration in this matter. If there is any further information I can
provide, please contact me at the above address or phone.
Sincerely,
David S. Hartig
PLAT OF SURVEY
LOT A AND LOT B OF OLD MILL PLACE
IN THE CITY OF DUBUQUE, IOWA
DESCRIPTION: PART OF VACATED OLD MILL ROAD
IN THE CITY OF' DUBUQUE, IOWA
ADd TO LOTB 1~5;~%
LOT B 8,5~1 SF OLD MI~ ROAB
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO. 457-02
RESOLUTION APPROVING PLAT OF PROPOSED VACATED
OLD MILL ROAD
Whereas, there has been presented to the City Council of the City of
Dubuque, Iowa, a plat dated August 15, 2002 prepared by IIW Engineers &
Surveyors, P.C., describing the proposed vacated portion of Old Mill Road; 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 15, 2002, prepared by IIW
Engineers & Surveyors, 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 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 egress thereto, for the purpose of erecting,
installing, constructing; reconstructing, repairing, owning, operating, and
maintaining water, sewer, drainage, gas, telephone, television cable, fiber optics,
and electdc lines as may be authorized by the City of Dubuque, Iowa, as shown
on the plat of survey of Lot A and Lot B of Old Mill Place.
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 3rd day of September, 2002.
________________________
Terrance M. Duggan, Mayor
Attest:
________________________________
Jeanne F. Schneider, CMC, City Clerk
ORDINANCE NO. 73-02
ORDINANCE VACATING A PORTION OF OLD MILL ROAD
Whereas, David S. Hartig, Jr. has requested the vacating of a portion of
Old Mill Road; and
Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to
the City Council a plat showing the vacated portion of Old Mill Road and
assigned a lot number thereto, which hereinafter shall be known and described
as Lot A of Old Mill Place in the City of Dubuque, Dubuque County, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has determined
that this portion of Old Mill Road is no longer required for public use, except for
utility easements as noted, and vacating of said portion of Old Mill Road known
as Lot A of Old Mill Place, 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 Old Mill Place in
the City of Dubuque, Dubuque County, 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 and egress thereto, for the purpose of
erecting, installing, constructing, reconstructing, repairing, owning, operating, and
maintaining water, sewer, drainage, gas, telephone, television cable, fiber optics,
and electric lines as may be authorized by the City of Dubuque, Iowa as shown
on the plat of survey of Lot A and Lot B of Old Mill Place.
Passed, approved and adopted this 3rd day of September, 2002.
_______________________
Terrance M. Duggan, Mayor
Attest:
________________________________
Jeanne F: Schneider, CMC, City Clerk
RESOLUTION NO. 458-02
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT A
OF OLD MILL PLACE IN THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA
Whereas, David S. Hartig, Jr. has requested the vacating of a portion of
Old Mill Road.
Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to
the City Council a plat showing the vacated portion of Old Mill Road and
assigned lot numbers thereto, which hereinafter shall be known and described as
Lot A of Old Mill Place in the City of Dubuque, Dubuque County, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has determined
that this portion of Old Mill Road is no longer required for public use, except for
utility easements as noted, and vacating and sale of said portions of alleys and
streets known as Lot A of Old Mill Place 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 Old Mill Place in the City of Dubuque, Dubuque County, Iowa.
Section 2. That the conveyance of Lot A of Old Mill Place in the City of
Dubuque, Dubuque County, Iowa to David S. Hartig, Jr. be contingent upon the
payment of $300.00, plus platting, 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 water, sewer, drainage, gas, telephone, television cable, fiber optics,
and electric lines as may be authorized by the City of Dubuque, Iowa as shown
on the plat of survey of Lot A and Lot B of Old Mill Place.
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 3rd day of September, 2002.
________________________
Terrance M. Duggan, Mayor
Attest:
_________________________________
Jeanne F. Schneider, CMC, City Clerk
Prepared by: Rondald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563) 589-4270
RESOLUTION NO.
RESOLUTION DISPOSING OF CITY INTEREST IN LOT A OF OLD
MILL PLACE IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, 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 11th
Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of
real estate described as:
Lot A of Old Mill Place 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 Old Mill Place in the City of Dubuque, Dubuque County, Iowa, to David
S. Hartig, Jr. be and the same is hereby approved for the sum of $300.00 plus
cost of publication, platting 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 water, sewer, drainage, gas, telephone, television cable, fiber optics,
and electric lines as may be authorized by the City of Dubuque, Iowa as shown
on the plat of survey of Lot A and Lot B of Old Mill Place.
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 David S. Hartig, Jr. 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.
_______________________
Terrance M. Duggan, Mayor
Attest:
_______________________________
Jeanne F. Schneider, CMC, City Clerk