Vacate Alley Off McEvoy Street_SkeltonTHE CITY OF Dubuque
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Masterpiece on the Mississippi
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacate -Alley Off McEvoy Street
DATE: September 28, 2009
A request has been received from Laura Skelton, daughter of 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.
The City has no plans for the utilization of this property, except to reserve a perpetual
easement, including the right of ingress and egress, for public utilities.
City Engineer Gus Psihoyos recommends City Council approval of the disposal of this
property to Laura J. and Ricky A. Skelton and that the purchase price for this property
be established at the cost of surveying, platting, 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 OF ~ ~D,ubu~qu,~e
AN-Amii: ~i3'.~i
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Masterpiece on the Mississippi
2007
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: September 25, 2009
SUBJECT: Vacate -Alley Off McEvoy Street
INTRODUCTION
This is in response to a request from the Laura Skelton, daughter of the 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.
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 a
long-standing garage exists. The plat of Lot B, prepared by the Iowa DOT, was
previously approved by City Council on July 6, 2009.
The City has no plans for the utilization of this property, except to reserve a
perpetual easement, including the right of ingress and egress, for public utilities.
RECOMMENDATION
I would recommend that the plat of Lot I of Bonson and Stewart's Subdivision in
the City of Dubuque, Dubuque County, Iowa, be approved, and a public hearing
be held for the vacating and disposition of the City's interest in Lot B and Lot I of
Bonson and Stewart's Subdivision. I would further recommend that the purchase
price be established at the cost of surveying, platting, publication and filing fees.
ACTION TO BE TAKEN
The attached plat and resolution should be submitted to the City Council for
consideration and approval along with the resolution disposing of the property for
the purchase price of surveying, platting, publication, and filing fees.
Prepared by Ronald J. 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 NO. 394-09
RESOLUTION APPROVING PLAT OF PROPOSED VACATED ALLEY
ADJACENT TO 35 MCEVOY STREET
Whereas, there has been presented to the City Council of the City of
Dubuque, Iowa, a plat dated the 9th day of September, 2009, prepared by
Schneider Land Surveying & Planning, Inc. describing the proposed vacated
portion of an alley adjacent to McEvoy Street to be known as Lot I of Bonson and
Stewart's Subdivision 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 the 9th day of September, 2009, prepared
by Schneider Land Surveying & Planning, 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. 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, over Lot 1
of Bonson and Stewart's Subdivision.
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.
2009.
Passed, approved and adopted this
Attest:
~~~~~~~
eanne F. Schneider, CMC, City Clerk
5th da. pf October
,~~ /~~
Roy D. Buol, Mayor
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13`h 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. 395-09
RESOLUTION VACATING ALLEY ADJACENT TO 35 MCEVOY STREET
Whereas, Laura J. and Ricky A. Skelton have requested the vacating of a
portion of a public alley abutting 35 McEvoy Street; and
Whereas, there has been presented to the City Council of the City of
Dubuque, Iowa, a plat dated the 9t" day of September, 2009, prepared by
Schneider Land Surveying & Planning, Inc. describing the proposed vacated
portion of an alley adjacent to 35 McEvoy Street to be known Lot I of Bonson and
Stewart's Subdivision in the City of Dubuque, Dubuque County, Iowa; and
Whereas, there has been presented to the City Council of the City of
Dubuque, Iowa, a plat dated the 20t" day of May, 2009, prepared by the Iowa
Department of Transportation, describing Lot B of Bonson and Stewart's
Subdivision; and
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 25thday of September, 2009, the
City Council of the City of Dubuque, Iowa met on the5th day ofoctober , 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 request to
vacate; and
Whereas, the City Council of the City of Dubuque, Iowa overruled any and
all objections, oral or written to the request to vacate; and
Whereas, the City Council of the City of Dubuque, Iowa, has determined
that the proposed vacated portion of an alley abutting McEvoy Street to be
known as Lot B and Lot I of Ronson and Stewart's Subdivision 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 Lot B and Lot I of Bonson
and Stewart's Subdivision 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, over Lot I
of Bonson and Stewart's Subdivision.
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.
2009.
Passed, approved and adopted this
5th da, Of October ,
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~~ Roy D. Buol, Mayor
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eanne F. Schneider, CMC, City Clerk
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. 396-09
RESOLUTION DISPOSING OF CITY INTEREST IN LOT B AND LOT I
OF BONSON AND STEWART'S SUBDIVISION IN THE 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 this 25tH day of September , 2009,
the City Council of the City of Dubuque, Iowa met on the Stn day of
October 2009, at 6:30 p.m. in the Historic Federal Building Council
Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa
to consider the proposal for the sale of real estate described as:
Lot B and Lot I of Bonson and Stewart's 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 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 and the same is
hereby approved for the cost of surveying, platting, publication, 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, over Lot I
of Bonson and Stewart's Subdivision.
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 Laura J. and Ricky A. Skelton upon receipt of
publication and filing fees.
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 5th day; of October ,
2009. ~ ~;
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~~ /~~ Roy D. Buol, Mayor
Att st: /
Jeanne F. Schneider, CMC, City Clerk
THE CITY OF
Dubuque
krazi
DUI1tJE 1I Cily
Masterpiece on the Mississippi 2007
Laura J. Skelton
8601 South Youngs Boulevard
Oklahoma City, OK 73159
Dear Ms. Skelton:
City Clerk's Office
50 West 13th Street
Dubuque, Iowa 52001 -4805
Office (563) 589 -4120
Fax (563) 589 -0890
TTY (563) 690 -6678
ctyclerk @cityofdubuque.org
www.cityofdubuque.org
October 8, 2009
The City Council approved the disposal of Lot B and Lot 1 of Bonson and Stewart's
Subdivision to you at their October 5, 2009 meeting. Upon payment of the publication
and filing fees in the amount of $100.00, I will have the Quit Claim Deed and certified
resolution recorded.
Please make the check payable to "Treasurer, City of Dubuque" and mail to the City
Clerk's Office, 50 West 13th Street, Dubuque, IA 52001.
If you have any questions, please contact me at 589 -4121.
Sincerely,
cc: Cheryl Pregler, City Treasurer's Office
Jeanne F. Schneider
City Clerk
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