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Vacate Alley Off Blanche AvenueTHE CITY OF ~ Dubuque DT T1? ~ NI-AmericaC~ ~,J j„) Masterpiece on the Mississippi 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Vacate -Alley Off Blanche Avenue DATE: September 28, 2009 In response to a request from David W. Leifker Law Offices, representing Raymond E. Tarkett, to vacate a portion of the alley adjacent to 765 Blanche Avenue, City Engineer Gus Psihoyos recommends that the City Council set a public hearing for October 19, 2009 on the disposal of this property to Raymond E. Tarkett for the cost of surveying, platting, publication and filing fees. I concur with the recommendation and respectfully request Mayor and City Council approval. Mi ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF ~ / i""' ~~ E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer ~ DATE: September 25, 2009 SUBJECT: Vacate -Alley Off Blanche Avenue INTRODUCTION Dubuque ~~~ '~III- Zoos This is in response to a request from David W. Leifker Law Offices, representing Raymond E. Tarkett, for the vacating of an alley adjacent to 765 Blanche Avenue. The portion of the alley proposed to be vacated abuts Lots 81 through 86 and 112 through 117 in Maple Leaf Addition. DISCUSSION The attached plat shows the area proposed to be vacated. The properties abutting the proposed vacating are owned by Raymond E. Tarkett. Mr. Tarkett has had a long- standing garage built on the alley right-of-way. The area being platted is divided into one (1) lot to be described as Lot 112-A in Maple Leaf Addition in the City of Dubuque, Iowa. Lot 112-A is a portion of a public alley separating Mr. Tackett's parcel. Lot 112-A is an existing 20-foot wide alley on which no utilities exist. RECOMMENDATION The City plans to dispose of Lot 112-A to Raymond E. Tarkett, owner of 765 Blanche Avenue. would recommend that the plat of Lot 112-A in Maple Leaf Addition in the City of Dubuque, Iowa be approved, and that a public hearing be set for the disposal of said Lot 112-A 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 112-A in Maple Leaf Addition be approved through adoption of the enclosed resolution and that a public hearing be set for the disposal of said Lot 112-A on October 19, 2009. Prepared by Ron Turner, PLS Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 Returned to: Jeanne F. Schneider, CMC, City Clerk, 50 W. 13th Street, Dubuque, Iowa (563) 589-4121 RESOLUTION NO. 388-09 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT 112-A IN MAPLE LEAF ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Raymond E. Tarkett has requested the vacating and disposal of a portion of an alley abutting Lots 81 through 86 and Lots 112 through 117 all in Maple Leaf Addition in the City of Dubuque, Iowa; and Whereas, Buesing and Associates, Inc. has prepared and submitted to the City Council a plat showing the vacated portion of said alley and assigned a lot number thereto, which hereinafter shall be known and described as Lot 112-A in Maple Leaf Addition in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TFiE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to vacate and dispose of its interest in Lot 112-A in Maple Leaf Addition in the City of Dubuque, Dubuque County, Iowa. Section 2. That the conveyance of Lot 112-A in Maple Leaf Addition in the City of Dubuque, Dubuque County, Iowa, to Raymond E. Tarkett be contingent upon the payment of $300.00 plus 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. r Passed, approved and adopted this 5th day of October //' 2009 Roy D. Buol, Mayor A est: ~ ,/ ~eanne F. Schneider, CHIC, City Clerk RESOLUTIO NO. 389-09 RESOLUTION APPROVING PLAT OF A PROPOSED VACATED ALLEY ABUTTING LOTS 81 HROUGH 86 AND LOTS 112 THROUGH 117 ALL IN MAPLE LEAFE ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated September 8, 2009 prepared by Buesing and Associates, Inc., describing the proposed vacated portion of an alley abutting Lots 81 through 86 and Lots 112 through 117 all in Maple Leaf Addition to be known as Lot 112-A in Maple Leaf Addition in the City of Dubuque, Dubuque County, Iowa; 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 September 8, 2009 prepared by Buesing and Associates, Inc., 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. 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 5th day of octob~r~~ , 2Q09. ~, ^_~~ ~' oy D. Buol, Mayor Attest: ~-_., ~~ ~~~~~~~ ~ 1 Deanne F. Schneider, CMC, City Clerk ._ _ ... 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LEIFKER LAW OFFICES IOWA OFFICE WISCONSIN OFFICE CHAMBER OF COMMERCE BUILDING, STE. 325 300 MAIN STREET 1000 WHISPERING LANE DUBUQUE, IOWA 52001 HAZEL GREEN, WISCONSIN 53811 TELEPHONE (563) 557-1354 TELEPHONE (608) 748-+740 FAX (563) 557-5086 September 11, 2009 Honorable Mayor and City Council 50 West 13`f' Street Dubuque, lA 52001-4845 Dear Mayor and City Council: I represent Raymond E. Tarkett, 765 Blanche Street, Dubuque, IA 52001. Mr. Tarkett owns Lots l 12 to 117 and Lots 81 to 86, in Maple Leaf Addition, in the City of Dubuque. There is a 20' wide platted alley, a portion of which bisects his property. While it is shown on the 1894 plat of Maple Leaf Addition, it has never been used as a public alley. My client has had Buesing & Associates survey and plat the portion of the alley which lies between Lots 112 to 117 and Lots 81 to 86. Ron Tumer of the City Engineering Department has received the plat. It appears no easement for utilities is necessary and no other landowner abuts the aforesaid portion of the alley. We hereby request the aforesaid alley be formally vacated and sold to Mr. Tarkett. We are prepared to pay the fee for he parcel, plus publication and filing fees. Please contact me if there are any questions. Thank you. You t , c: ~= `~ ~U David W. ifker ~-- r~ _ ~ :.:~ ~. _ ~~ cc: Ray Tarkett -`_~ C ~" ill - n c-~