West End Commercial Subdivision_Petition to Vacate Final PlatDubuque
THE CITY OF
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Petition to Vacate the Final Plat of West End Commercial Subdivision
DATE: September 14, 2009
A request has been received from Brian Kane, representing Tschiggfrie Excavating Co.,
for the vacating of the Final Plat of West End Commercial Subdivision, which includes a
platted street, easements and detention area.
West End Commercial Subdivision was platted in 2001 and included the dedication of a
street and detention area to the City of Dubuque. However, no street or final detention
improvements have been made in the platted area proposed to be vacated. The entire
property to be vacated, except the street and detention basin, which was dedicated to
the City, is owned by Tschiggfrie Excavating Co.
City Engineer Gus Psihoyos states that the City has no plans for the utilization of the
street or detention area on the plat proposed to be vacated. City Engineer Gus
Psihoyos recommends approval of the request to vacate for a fee of $400 for previous
engineering reviews, publication and filing fees.
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 QF ~~
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Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: September 11, 2009
Dubuque
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200
SUBJECT: Petition to Vacate the Final Plat of West End Commercial Subdivision
INTRODUCTION
A request has been received from Brian Kane, representing Tschiggfrie Excavating Co.,
for the vacating of the Final Plat of West End Commercial Subdivision, in the City of
Dubuque, Dubuque County, Iowa, which includes a platted street, easements and
detention area.
DISCUSSION
West End Commercial Subdivision was platted in 2001 and included the dedication of a
street and a detention area to the City of Dubuque. However, no street or final
detention improvements have been made in the platted area proposed to be vacated.
The entire property to be vacated, except the street and detention basin which was
dedicated to the City, is owned by Tschiggfrie Excavating Co. The area has been
surveyed and re-platted into West End Commercial Subdivision No. 2 as required for
the County Auditor for taxation purposes.
The City has no plans for the utilization of the street (Lot A) or detention area (Lot B) on
the plat proposed to be vacated. Tschiggfrie Excavating Co. has agreed to pay $400.00
for previous engineering reviews, publication, and filing fees.
RECOMMENDATION
I would recommend that the Final Plat of West End Commercial Subdivision in the City
of Dubuque, Iowa be vacated, and the disposal of Lot A and B of West End Commercial
Subdivision to Tschiggfrie Excavating Co. be approved for a purchase price of $400.00
for previous engineering reviews, publication and filing fees.
ACTION TO BE TAKEN
The recommendation of the City Manager approving the Final Plat of West End
Commercial Subdivision in the City of Dubuque, Iowa, should be approved and that a
public hearing be held for the disposal of Lot A and B of West End Commercial
Subdivision to Tschiggfrie Excavating Co. be approved for a purchase price of $400.00
for previous engineering reviews, publication and filing fees.
Prepared by Ronald J. Turner, PLS
cc: Barry Lindahl, PLS
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 #361-09
RESOLUTION VACATING THE FINAL PLAT OF WEST END COMMERCIAL
SUBBIVISION
Whereas, Brian Kane, representing Tschiggfrie Excavating Co., has
requested the vacating of the Final Plat of West End Commercial Subdivision; in
the City of Dubuque, Iowa, including platted streets, easements, and detention
areas; and
Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to
the City Council a plat showing vacated Final Plat of West End Commercial
Subdivision, including platted streets, easements, and detention areas, which
hereinafter shall be known and described as West End Commercial Subdivision
No. 2 in the City of Dubuque, Dubuque County, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa, has determined
that the Final Plat of West End Commercial Subdivision, including platted streets,
easements, and detention areas are no longer required for public use, and
vacating of said Final Plat of West End Commercial Subdivision, including platted
streets, easements, and detention areas, re-platted as West End Commercial
Subdivision 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 real estate described as the Final Plat of West End
Commercial Subdivision in the City of Dubuque, Iowa, be and the same is hereby
vacated.
Passed, approved and adopted this 21St day of September, 2009.
Attest:
eanne F. Schneider, CMC
City Clerk
J ce ~. Connors, Mayor Pro-Tem
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 NO. 362-09
RESOLUTION DISPOSING OF CITY INTEREST IN LOT A AND LOT B
OF WEST END COMMERCIAL SUBDIVISION IN TFiE 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 the 11t" day of September, 2009, the
City Council of the City of Dubuque, Iowa met on the 21St day of September,
2009, at 6:30 p.m. in the Historic Federal Building Council Chambers (second
floor), 350 West 6t" Street, Dubuque, Dubuque County, Iowa to consider the
proposal for the sale of real estate described as:
Lot A and Lot B of West End Commercial Subdivision 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 and Lot B of West End Commercial Subdivision in the City of Dubuque,
Dubuque County, Iowa, to Tschiggfrie Excavating Co. be and the same is hereby
approved for the sum of $300.00 plus the cost of platting, publication, and filing
fees. Conveyance shall be by Quit Claim Deed.
Section 2. 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 Tschiggfrie Excavating Co. upon receipt of
the purchase price in full.
Section 3. 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 21St day of September, 2009.
J' ce E. Connors, Mayor Pro-Tem
Attest:
eanne F. Schneider, CMC, City Clerk
Prepared by: James A. O'Brien, Assistant City Attorney
Suite 330, Harbor View Place, 300 Main Street
Dubuque, Iowa 52001-6944
(563)583-8550
Return to: Jeanne Schneider, City Clerk, City of Dubuque, 50 W. 13th St., Dubuque, la 52001 (563) 589-4121
Address Tax Statement: Tschiggfrie Excavating Co., 425 Julien Dubuque Drive, Dubuque, IA 52003
QUITE CLAIM DEED
The City of Dubuque, Iowa, a municipal corporation of Dubuque County, Iowa,
for One Dollar and good and valuable consideration, does hereby Quit Claim
unto:
Tschiggfrie Excavating Co.
425 Julien Dubuque Drive
Dubuque, IA 52003
all its right, title, and interest in the following described real estate situated in
Dubuque County, Iowa, to-wit:
Lot A and Lot B of West End Commercial Subdivision in the City of
Dubuque, Dubuque County, Iowa
No declaration of value is required under Iowa Code Section 428A.2(6): grantor
is an Iowa municipality..
This deed is given pursuant to the authority of Resolution No. 362-09 of the
City of Dubuque, adopted the 21st day of September 2009, the terms
and conditions thereof, if any, having been fulfilled.
Signed this 21st day of September 2009.
,C L. ~ ~ (~r-v~,c~t
Jo e E. Connors Mayor Pro-Tem
State of Iowa )
ss:
County of Dubuque )
On this 21St day of September, 2009, before me, the undersigned; a Notary Public in
and for the State of Iowa, personally appeared Joyce E. Connors and Jeanne F.
Schneider, to me personally known, who, being by me duly sworn, did say that they are
the Mayor Pro-Tem and City Clerk, respectively, of the City of Dubuque, Iowa; a
municipal corporation; that the seal affixed to the foregoing instrument is the corporate
seal of the City, and that this Deed is given by the authority of the City Council by
Resolution No. 361-09 of the City Council on the 21St day of September, 2009, and that
the said Joyce E. Connors and Jeanne F. Schneider as such officers acknowledged the
execution of the instrument to be their voluntary act and deed.
P _____
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Notary Public~in and for said State
opR~~t ~,~ SUSAN M. VdINTER
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REAL ESTATE TRANSFER -GROUNDWATER HAZARD STATEMENT
TO BE COMPLETED BY TRANSFEROR
TRANSFEROR:
Name City of Dubuque, Iowa
Address 50 West 13th Street Dubuque Iowa 52001
Number and Street or RR City, Town or P.O. State Zip
TRANSFEREE:
Name Tschiggfrie Excavating Co.
Address 425 Julien Dubuque Drive Dubuque Iowa 52001
um er an ree or ity, Town or g ate-- iZ p
Address of Property Transferred:
um er an ree or i own, or a e ip
Legal Description of Property: (Attach if necessary) Lot A and Lot B of West End Commercial
Subdivision in the City of Dubuque, Dubuque County, Iowa
1. Wells (check one)
There are no known wells situated on this property.
^ There is a well or wells situated on this property. The type(s), location(s) and legal status are
stated below or set forth on an attached separate sheet, as necessary.
2. Solid Waste Disposal (check one)
~f' There is no known solid waste disposal site on this property.
^ There is a solid waste disposal site on this property and information related thereto is provided
in Attachment #1, attached to this document.
3. Hazardous Wastes (check one)
y~ There is no known hazardous waste on this property.
/^_ There is hazardous waste on this property and information related thereto is provided in
Attachment #1, attached to this document.
4. Underground Storage Tanks (check one)
There are no known underground storage tanks on this property. (Note exclusions such as
small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in
instructions.)
^ There is an underground storage tank on this property. The type(s), size(s) and any known
substance(s) contained are listed below or on an attached separate sheet, as necessary.
FILE WITH RECORDER DNR form 542-0960 (June 26, 2009)
5. Private Burial Site (check one)
~' There are no known private burial sites on this property.
^ There is a private burial site on this property. The location(s) of the site(s) and known
identifying information of the decedent(s) is stated below or on an attached separate sheet, as
necessary.
6. Private Sewage Disposal System (check one)
There are no known private sewage disposal systems on this property.
^ There is a private sewage disposal system on this property. A certified inspector's report is
attached which documents the condition of the private sewage disposal system and whether
any modifications are required to conform to standards adopted by the Department of Natural
Resources. A certified inspection report must be accompanied by this form when recording.
^ There is a private sewage disposal system on this property. Weather or other temporary
physical conditions prevent the certified inspection of the private sewage disposal system from
being conducted. The buyer has executed a binding acknowledgment with the county board of
health to conduct a certified inspection of the private sewage disposal system at the earliest
practicable time and to be responsible for any required modifications to the private sewage
disposal system as identified by the certified inspection. A copy of the binding acknowledgment
is attached to this form. When the inspection is completed an amended Groundwater Hazard
Statement shall be recorded with the certified inspection and shall include the document
numbers of both the real estate transfer document and the orioinal Groundwater Hazard
Statement.
^ There is a private sewage disposal system on this property. The building to which the sewage
disposal system is connected will be demolished without being occupied. The buyer has
executed a binding acknowledgment with the county board of health to demolish the building
within an agreed upon time period. A copy of the binding acknowledgment is provided with this
form.
^ This property is exempt from the private sewage disposal inspection requirements pursuant to
the following exemption:
^ The private sewage disposal system has been installed within the past two years pursuant to
permit number
Information required by statements checked above should be provided here or on separate
sheets attached hereto:
I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS
FORM
AN TH FORMATION STATED ABOVE IS TRUE AND CORRECT.
Signature: Telephone No.: S(o3-SS (.-427®
(Transferor °~ Agent)
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FILE WITH RECORDER DNR form 542-0960 (June 26, 2009)