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Alley, Iowa & Central VacateMEMORANDUM August 27, 2002 TO:The Honorable Mayor and City Council Members FROM:Michael C. Van Milligen, City Manager SUBJECT:Vacating Petition - Alley Between Iowa Street and Central Avenue from 13th Street to 14th Street In response to a request from Dubuque Bank & Trust for the vacating of the alley between Iowa Street and Central Avenue from 13th Street to 14th Street, Public Works Director Mike Koch states that the City has no plans for the utilization of that portion of the alley, except for reserving the utility easements as noted. He further recommends that the purchase price be established at $8,400 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 26, 2002 TO:Michael C. Van Milligen, City Manager FROM:Michael A. Koch, Public Works Director SUBJECT: Vacating Petition - Alley Between Iowa Street and Central Avenue from 13th Street to 14th Street INTRODUCTION This is in response to a request from Dubuque Bank & Trust for the vacating of the alley between Iowa Street and Central Avenue from 13th Street to 14th Street. DISCUSSION The attached plat shows the proposed alley between Iowa Street and Central Avenue from 13th Street to 14th Street to be vacated. The abutting properties are owned by Dubuque Bank & Trust. The alley will be utilized to connect their proposed parking lot at 13th and Iowa Street to their building across the alley. The area to be vacated is divided into one (1) lot numbered City Lot 449A. City Lot 449A is an existing 20-foot wide alley on which public utilities exist. Perpetual easement rights will be reserved on the entire Lot City Lot 449A for maintenance of the existing sanitary sewer, watermain, and other utilities. The property has been valued at $1.82 per square foot. Allowing credit to Dubuque Bank & Trust for surveying and platting, a purchase price of $8,400.00 was established. RECOMMENDATION The City has no plans for the utilization of the alley between Iowa Street and Central Avenue from 13th Street to 14th Street to be vacated, except for reserving the utility easements as noted. I would recommend that the area indicated by City Lot 449A 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 $8,400.00 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. VACATE' LOCATION PURPOSE: VACATE ALLEY BETWEEN CENTRAL & 10WA 13TH TO 14TH (DB&T) VICINITY MAP NORTH ,~.,~ DUBUQUE BANK& TRUST MEMBER HEARTLAND FINANCIAL USA, INC. 1395CENTRALAVENUE · P.O. BOX778 · DUBUQLIE,/A52004-0778 PHONE(563)559-2000 · TOLLFREE(800)397-2~O0 · FAX (563)589~2011 July 18, 2002 Mr. Ron Turner City of Dubuque City Hall Engineering Division 50 West 13th Street Dubuque IA 52001-4864 Dear Mr. Turner: Dubuque Bank & Trust would like to request the vacating of the alley between 13th and 14th Street that runs parallel to Central Avenue and Iowa Street. (See Extfibit A.) Dubuque Bank & Trust owns all the property in this block, and would like to incorporate the alley into the parking lot decision for the Walsh Store Project. Any questions, please call me at 563-589-2158. Thank you for your assistance and consideration of this request. Sincerely, Nelson P. Klavitter Vice President Operations NPK:ls Enclosure Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. 459-02 RESOLUTION APPROVING PLAT OF PROPOSED VACATED ALLEY BETWEEN IOWA STREET AND CENTRAL AVENUE FROM 13TM STREET TO 14TH STREET Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated July 31, 2002, prepared by Buesing & Associates, describing the proposed vacated alley between Iowa Street and Central Avenue from 13th Street to 14th Street; 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 July 31, 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 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 City Lot 449A. 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 3rd day of September, 2002. RESOLUTION NO, 460-02 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN CITY LOT 449A DUBUQUE, IOWA Whereas, the Dubuque Bank & Trust has requested the vacating of alley between Iowa Street and Central Avenue from 13th Street to 14~h Street; and Whereas, Buesing & Associates has prepared and submitted to the City Council a plat showing the vacated alley between Iowa Street and Central Avenue from 13th Street to 14th Street and assigned lot numbers thereto, which hereinafter shall be known and described as City Lot 449A in the City of Dubuque, iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this alley between Iowa Street and Central Avenue from 13th Street to 14th Street is no longer required for public use, except for utility easements as noted, and vacating and sale of said alleys known as City Lot 449A 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 City Lot 449A in the City of Dubuque, Iowa. Section 2. That the conveyance of City Lot 449A in the City of Dubuque, Iowa to the Dubuque Bank & Trust be contingent upon the payment of $8,400.00, 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 City Lot 449A, 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 day of September ,2002. PLAT OF SURVEY OF CITY LOT 449A, BEING A VACATED PUBLIC ALLEY BETWEEN 13TH ST. & 14 ST. AND IOWA ST. & CENTRAL AVENUE, LOCATED IN THE SEll4, SECTION 24, T89N, P.2E OF THE 5TH P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. - __ ~ 14TH ST. (LORAS BLVD.) .... ~ - [ 13TH ST. i ,,.,.,,,,,,,¢ =.~*~, =v~ ~ T~ ~.,., ~"~'~ ' '" ~ SHE E T 1 OF 4 / 13TH ST. i Prepared by: Ron Turner, Land Surveyor, 563-589-4270, 50 West 13m, Dubuque, IA 52001 ORDINANCE NO. 74-02 ORDINANCE VACATING THE ALLEY BETWEEN IOWA STREET AND CENTRAL AVENUE FROM 13TH STREET TO 14TH STREET Whereas, Dubuque Bank & Trust has requested the vacating of the alley between Iowa Street and Central Avenue from 13th Street to 14th Street; and Whereas, Buesing & Associates has prepared and submitted to the City Council a plat showing the vacated portion of alley between Iowa Street and Central Avenue from 13th Street to 14th Street and assigned a lot number thereto, which hereinafter shall be known and described as City Lot 449A in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that the alley between Iowa Street and Central Avenue from 13th Street to 14th Street is no longer required for public use, except for utility easements as noted, and vacating of the alley between Iowa Street th th and Central Avenue from 13 Street to 14 Street known as City LOt 449A 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 City Lot 449A 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 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 City Lot 449A. Passed, approved and adopted this 3rd day of September, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk September , 2002. Prepared by: Ronald J. Tumer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. RESOLUTION DISPOSING OF CITY INTEREST IN CITY LOT 449A, 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: City Lot 449A 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 City Lot 449A in the City of Dubuque, Iowa to Dubuque Bank & Trust be and the same is hereby approved for the sum of $8,400.00 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 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 City Lot 449A. 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 Dubuque Bank & Trust upon receipt of the purchase pdce 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