McEvoy Street_Alley Vacate_Laura SkeltonTx~ crrY of Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacate -Alley off McEvoy Street
DATE: September 14, 2009
A request has been received from Laura Skelton, daughter of the previous owner, the
late Ms. Beverly M. Kaminsky (a/k/a Beverly M. Kaminski Revocable Trust), for the
vacation of an alley adjacent to 35 McEvoy Street. The City Engineering Department
had previous discussions with Ms. Kaminski with regard to the vacating. Laura Skelton
is proceeding with the vacating of the alley, including a portion of the alley recently
platted by the Iowa DOT on which a garage was built in the 1960s.
City Engineer Gus Psihoyos recommends that a public hearing be set for October 5,
2009, on the disposal of this property.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY C3F ,. Dubuque
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~GISfE'Y~"lIL'Ce DY1 f~1E MISSISSi~'l~ll 2007
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer _~ .
DATE: September 11, 2009
SUBJECT: Vacate -Alley Off McEvoy Street
INTRODUCTION
This is in response to a request from the Laura Skelton, daughter of the previous owner
late Ms. Beverly M. Kaminski (aka Beverly M. Kaminski Revocable Trust), for the
vacating of an alley adjacent to 35 McEvoy Street. City Engineering had previous
discussions with Ms. Kaminski with regard to the vacating. Laura Skelton is proceeding
with the vacating of the alley including a portion of the alley recently platted by the Iowa
DOT on which a garage was built in the 1960s.
DISCUSSION
The attached plats show the areas proposed to be vacated. The abutting properties are
owned by the City of Dubuque, State of Iowa, and Laura J. and Ricky A. Skelton.
Ms. Kaminski had indicated they had lived at 35 McEvoy Street for over 50 years. She
recalled vividly the verbal agreements by the City to allow construction of the garage on
the alley (Lot B) at the north end of McEvoy Street and the intent to vacate the
underlying alley right-of-way in 1964. However, no City Council records could be found
on the matter. Taxes for the garage have been paid by the owner of 35 McEvoy. Lot I
is a portion of the alley right-of-way immediately west of the garage and abuts 35
McEvoy property.
The area being platted is divided into one (1) lot to be described as Lot "I" of Bonson
and Stewart's Subdivision. Lot I is the western portion of a public alley abutting 35
McEvoy Street. Lot B is an existing 20-foot wide alley on which along-standing garage
exists. The plat of Lot B, prepared by the Iowa DOT, was previously approved by City
Council on July 6, 2009.
RECOMMENDATION
The City plans to dispose of Lot B and Lot I to the owner of 35 McEvoy Street.
I would recommend that the plat of Lot I of Bonson and Stewart's Subdivision be
approved, and that a public hearing be set for the disposal of Lot B and Lot I of Bonson
& Stewart's Subdivision for the cost of surveying, platting, publication and filing fees.
ACTION TO BE TAKEN
The recommendation of the City Manager approving the plat of Lot I of Bonson and
Stewart's Subdivision be approved through adoption of the enclosed resolution and that
a public hearing be set for the disposal of Lot B and Lot I of Bonson and Stewart's
Subdivision on October 5, 2009.
Prepared by Ron Turner, PLS
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION #356-09
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST
IN LOT B AND LOT I OF BONBON AND STEWART'S SUBDIVISION IN THE
CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Laura J. and Ricky A. Skelton have requested the vacating and
disposal of a portion of an alley adjacent to 35 McEvoy Street; and
Whereas, Schneider Land Surveying & Planning, Inc. has prepared and
submitted to the City Council a plat showing the vacated portion of an alley
adjacent to McEvoy Street and assigned lot number thereto, which hereinafter
shall be known and described as Lot I of Bonson and Stewart's Subdivision, a
vacated portion of said alley described as Lot B of Ronson and Stewart's
Subdivision, previously platted by the Iowa Department of Transportation, all 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, Iowa, intends to vacate and
dispose of its interest in Lot B and Lot I of Bonson and Stewart's Subdivision in
the City of Dubuque, Dubuque County, Iowa.
Section 2. That the conveyance of Lot B and Lot I of Bonson and
Stewart's Subdivision in the City of Dubuque, Dubuque County, Iowa, to Laura J.
and Ricky A. Skelton be contingent upon the payment of surveying, platting,
publication, and filing fees.
Section 3. That the City Clerk be and is hereby authorized and directed
to cause a notice of intent to vacate and dispose of said real estate to be
published in the manner as prescribed by law.
Passed, approved and adopted this 21St day of September, 2009.
J,b~ce E. Connors, Mayor Pro-Tem
Attest:
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eanne F. Schneider, CMC
City Clerk
27 August 2009
Honorable Mayor and City Council
50 West 13th Street
Dubuque, IA 52001-4845
RE: Vacate City Property
Dear Mayor and Council Members:
This letter is written to inquire about the possibility of purchasing a portion of a city
street/alley abutting my property at 35 McEvoy. We plan to use the vacated property for
lawn.
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 at our expense
and a fee paid for the parcel, plus publication and filing fees. Please call me at 405 686
5649 if you have questions.
Thank you for your consideration of this request.
Sincerely,
Laura J. Skelton
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March 12, 2008
Honorable Mayor and City Council
50 West 13`~ Street
Dubuque, IA 52001-4845
RE: Vacate City Property
Dear Mayor and Council Members:
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I, Beverly Kaminski, am requesting to purchase the land on McEvoy St.
where the garages are presently standing.
It is my understanding that in 1964, at a Council Meeting, the city
turned over to the property owner of 35 McEvoy, Elmer Kaminski
(deceased), the alleyway that is referred to in your letter. For the past 50
years we have maintained this property with the understanding that we
are the owners.
Thank you for your consideration of this request.
Sincerely,
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