Decorah St vacate & disposeMEMORANDUM
December 10, 2002
TO:The Honorable Mayor and City Council Members
FROM:Michael C. Van Milligen, City Manager
SUBJECT:Vacating Petition - Decorah Street East of Adair Street
A request has been received from Douglas and Jean Kapp and William and Carole
Kubler for the vacating of Decorah Street east of Adair Street.
Public Works Director Mike Koch states that the City has no plans for the utilization of
Decorah Street east of Adair Street, except for reserving the utility easements as noted,
recommends the vacation and that the purchase price be established at $1,235 for each
of the two property owners, plus platting, publication and filing fees, and that a public
hearing be set for January 6, 2003.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
TO:Michael C. Van Milligen, City Manager
FROM:Michael A. Koch, Public Works Director
SUBJECT:Vacating Petition - Decorah Street East of Adair Street
CITY OF DUBUQUE, IOWA
MEMORANDUM
December 5, 2002
INTRODUCTION
This is in response to a request from Douglas and Jean Kapp and William and
Carole Kubler for the vacating of Decorah Street east of Adair Street.
DISCUSSION
The attached plat shows the proposed areas of 1590 Adair Street and 1600 Adair
Street to be vacated. The abutting properties are owned by Douglas and Jean
Kapp and William and Carole Kubler.
The area to be vacated is divided into two lots numbered Lot 10A and Lot 11A of
Woodlawn Park. This portion of Decorah Street is an existing 50-foot wide street
on which no public utilities exist. Perpetual easement rights will be reserved on
the easterly 20 feet of Lot 10A and Lot 11A of Woodlawn Park for maintenance
and installation of utilities.
The proposed vacated street will be purchased by the abutting property owners
for landscaping and possible structural additions.
The entire property has been valued at $4,000. A credit of $1,530 for surveying
and platting established an agreed upon purchase price of $2,470 ($1,235 each).
RECOMMENDATION
The City has no plans for the utilization of the Decorah Street east of Adair Street
to be vacated, except for reserving the utility easements as noted.
I would recommend that the areas indicated by Lot 10A and Lot 11A of
Woodlawn Park 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 of January 6, 2003. I
would further recommend that the purchase price be established at $1,235 for
each property owner, plus platting, publication, and filing fees.
MAK/vjd
cc: Ronald J. Turner, P.L.S.
PURPOSE:
VICINITY MAP
DECORAH STREET
VACATE
Honorable MayOr and City Council
50 West 13th Street
Dubuque, Iowa 520014845
RE: Vacate City Property
September 13, 2002
Dear Mayor and Council Members:
This letter is written to inquire about the possibility of purchasing a portion of a city street/alley
abutting our property between 1590 and 1600 Adair Street. We plan to use the vacated
property for additional space. We have been maintaining this property for 24 and 1+ years,
respectively.
We have contacted the City Engineering Department and they have indicated a favorable
condition for the vacating but may need easements reserved for utilities. We understand that
the vacated area would need to be surveyed and platted, and a fee paid for the parcel plus
publication and filing fees. Please call us at the phone numbers listed below if you have any
questions.
Thank you for your consideration of this request.
Sincerely,
Douglas Kapp Jean Kapp
1590 Adair Street (563)556-5405
William Kubler Carole Hartman-Kubler
1600 Adair Street (563)588-3522
¥! ,8..n' nqnG
Prepared by: Ronaid J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, iowa (563) 589-4270
RESOLUTION NO. 649-02
RESOLUTION APPROVING PLAT OF PROPOSED VACATED DECORAH
STREET EAST OF ADAIR STREET
Whereas, there has been presented to the City Council of the City of Dubuque,
Iowa, a plat dated the 9th day of December, 2002, prepared by IIW Engineers &
Surveyors, PC, describing the proposed vacated portion of Decorah Street east of Adair
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 9th day of December, 2002, 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. The City of Dubuque reserves unto itself a perpetual easement
including the right of ingress and egress thereto, for the purpose of ereoting, 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 10A and
Lot 1 lA of Woodlawn Park.
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 16th day of December, 2002.
Terrance M. Duggan, Mayor
Attest:
Karen M. Chesterman, Deputy City Clerk
PLAT OF SURVEY
LOT lOA AND LOT 11A OF WOODLAWN PARK
IN THE CITY OF DUBUQUE, IOWA
DESCRIPTION: PART OF DECORAH STREET LYING ADJACENT TO LOTS 10 AND 11
OF WOODLAWN PARK IN THE CITY OF DUBUQUE, IOWA
ORDINANCE NO, 98-02
ORDINANCE VACATING DECORAH STREET EAST OF ADAIR STREET
Whereas, Douglas and Jean Kapp and William and Carole Kubler have requested
the vacating of Decorah Street east of Adair Street; and
Whereas, IlW Engineers & Surveyors, PC has prepared and submitted to the City'
Council a plat showing the vacated portion of Decorah Street east of Adair Street and
assigned lot numbers thereto, which hereinafter shall be known and described as Lot 10A
and Lot 1 lA of Woodlawn Park, in the City of Dubuque, Dubuque County, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has determined that
Decorah Street east of Adair Street is no longer required for public use, except for utility
easements as noted, and vacating of said portion of Decorah Street east of Adair Street
known as Lot 10A and Lot 11A of Woodlawn Park, in the City of Dubuque, Dubuque
County, Iowa should be approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real estate described as Lot 10A and Lot 1 lA of Woodlawn
Park, 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 Lot 10A and
Lot 1 lA of Woodlawn Park.
Passed, approved and adopted this
16th
day of December 2002.
Terrance M. Duggan, Mayor
Attest:
Karen M. Chesterman, Deputy City Clerk
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO. 649-02
RESOLUTION APPROVING PLAT OF PROPOSED VACATED DECORAH
STREET EAST OF ADAIR STREET
Whereas, there has been presented to the City Council of the City of Dubuque,
Iowa, a plat dated the 9th day of December, 2002, prepared by IIW Engineers &
Surveyors, PC, describing the proposed vacated portion of Decorah Street east of Adair
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 9th day of December, 2002, 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. 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 10A and
Lot 1 lA of Woodlawn Park.
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 16th
Terrance M. Duggan, Mayor
Attest:
Karen M. Chesterman, Deputy CIty Clerk
day of December, 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 LOT 10A AND LOT
1 lA OF WOODLAWN PARK, CITY OF DUBUQUE, 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 ., 2003,
the City Council of the City of Dubuque, Iowa met on the day of
., 2003, 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 10A and Lot 1 lA of Woodlawn Park, 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 10A of Woodlawn Park in the City of Dubuque, Iowa to Douglas and Jean
Kapp be and the same is hereby approved for the sum of $1,235.00 plus cost of
publication, platting and filing fees. Conveyance shall be by Quit Claim Deed.
Section 2. That the sale of City of Dubuque real property described as
Lot 11A of Woodlawn Park in the City of Dubuque, Iowa to William and Carole
Kubler be and the same is hereby approved for the sum of $1,235.00 plus cost of
publication, platting and filing fees. Conveyance shall be by Quit Claim Deed.
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 10A and Lot 1 lA of Woodlawn Park.
Section 4. 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 Douglas and Jean Kapp and William and
Carole Kubler upon receipt of the purchase price in full.
Section 5. 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
2003.
day of
Attest:
Terrance M. Duggan, Mayor
Karen M. Chesterman, Deputy City Clerk