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Vacate Alley Off McEvoy Street_SkeltonTHE CITY OF Dubuque -~ ~j "~"~ ~ An-Americat~p- ~„J I I 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 I.~UB E 1 1 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 , ~'~ ~ ~ -~_~~ ~~ Roy D. Buol, Mayor f A ~ est: ,>--~~' 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. ~ ~; .~~ (- ~~ /~~ 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 Service People Integrity Responsibility Innovation Teamwork