Alley vacate Bryant & RamonaMEMORANDUM
February 25, 2003
TO:The Honorable Mayor and City Council Members
FROM:Michael C. Van Milligen, City Manager
SUBJECT:Vacating Petition for the Alley between Bryant and Ramona from
Mt. Loretta Avenue 148 Feet South
In resc)onse to a request from Dubuque Community Schools for vacating the alley
between Bryant and Ramona from Mt. Loretta Avenue 148 feet south, Acting Public
Works Director Gus Psihoyos states that the City has no plans for the utilization of the
portion of the alley to be vacated, except for reserving perpetual utility easements as
noted, and recommends approval of the request to vacate. It is further recommended
that the purchase pdce be established at the cost of platting, publication and filing fees,
and as a property trade, the dedication of a 10-foot strip along the south right-of-way
line of Mt. Loretta Avenue from Bryant Street to Ramona Street for street improvement
widening, and that a public hearing be set for March 17, 2003.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, Acting Public Works Director
MEMORANDUM
February 24,2003
TO:Michael C. Van Milligen, City Manager
FROM:Gus Psihoyos, Acting Public Works Director
SUBJECT: Vacating Petition for the Alley between Bryant and Ramona
From Mt. Loretta Avenue 148 Feet South
INTRODUCTION
This is in response to a request from Dubuque Community Schools for the vacating of
the alley between Bryant and Ramona from Mt. Loretta Avenue 148 feet south.
DISCUSSION
The attached plat shows the area of the proposed alley to be vacated. The abutting
properties are owned by Dubuque Community Schools and Janaan D. Hanten.
The area to be vacated is divided into two lots numbered Lot 1A and Lot 3A in Columbia
Addition in the City of Dubuque, Iowa. This is an existing 16-foot wide alley on which
public utilities exist. Perpetual easement rights will be reserved on the entire area for
maintenance of the existing utilities.
The Engineering Division has negotiated a trade for property the School District
proposes to dedicate for the widening of Mt. Loretta Avenue for street improvements.
Mrs. Hanten abuts said Lot 3A and desires that portion of the proposed vacated alley in
cooperation with the Dubuque Community Schools' vacating request. The area of the
vacated alley is 2,360 square feet, while the proposed street dedication is approximately
2,010 square feet.
RECOMMENDATION
The City has no plans for the utilization of the portion of the alley to be vacated, except
for reserving the utility easements as noted.
I would recommend that the areas indicated by Lot 1A and Lot 3A in Columbia Addition
in the City of Dubuque, iowa on the attached plat be vacated, and that a public hearing
be set for the disposition of the City's interest in the subject area on March 17, 2003. I
would further recommend that the pumhase price be established at the cost of platting,
publication and filing fees and the dedication of a 10-foot strip along the south right-of-
way line of Mt. Loretta Avenue from Bryant Street to Ramona Street.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and a public hearing
should be scheduled on the disposal of the property through adoption of the enclosed
resolutions and ordinance.
GP:ls
Prepared by Ronald J. Turner, P.L.S.
Vacate Map
Alley
Between Bryant and Ramona
Dubuque
Community
Schools
Ron Holm, CPA
Executive Director of
Finwace and Business Services
Phone: 563/588-5110
Fax: 563/588~8377
rholm@dubuque. M 2. ia us
December 2, 2002
Honorable Mayor and Members of the City Council
City of Dubuque
50 West 13th Street
Dubuque, Iowa 520014845
Dear Mayor Duggun and Members of the City Council:
1LE: Request to Vacate City Property
The Dubuque Community School District hereby requests that the City of Dubuque
vacate and grant title to the Dubuque Community School Diswict to a portion of City alley
abutting School District property at 330 Bryant Street, 340 Bryant Street and 1280 Mt.
Loretta Avenue. A map outlining the location of the School District property and the
vacation request is attached for your convenience. The alley is not currently open as a
traveled way and the School District would use the vacated alley property for parking lot
construction and site improvements to serve Bryant Elementary School, which currently
has no offstreet parking.
The District has contacted the Engineering Department in regard to the vacation
and understands that easements may need to be reserved for utilities across the vacated
parcel. We understand that the vacated area would need to be surveyed and platted at
District expense and fees paid for publication and filing requirements. In conjunction with
the parking lot improvements, a widening of Mt. Loretta Avenue adjacent to Bryant School
is being proposed in cooperation with the Engineering Department. The widening will
necessitate the need for additional right of way for Mt. Loretta Avenue to be acquired from
the School Dislrict and it may be beneficial tc the School District and the City of Dnhuque
to cooperate in the exchange of properties m facilitate the construction of proposed
improvements to enhance the safety for students and staff at Bryant School. These
changes would also be beneficial to parents and the general public who travel tkis area of
the City.
Page 2 December 2, 2002
Please call the School District at 563/588-5110 if you have any questions.
Thank you for your consideration of this request.
Sincerely,
Ronald H. Holm
Executive Director of
Finance and Business Services
Cc:Michael Koch, City of Dubuque
Public Works Director
City of Dubuque Engineering
Bill Schtictman
Pon Turner
City of Dubuque Planning and Zoning
Guy Hemingway
Jim Kaune
IIW Engineers and Surveyors, PC
School District
Requested Vacation
Prepared by Ron Turner, Land Surveyor, City Hal - 50 West 13m, 589-4270
RESOLUTION NO. 73-03
RESOLUTION APPROVING PLAT OF PROPOSED VACATED ALLEY
BETWEEN BRYANT AND RAMONA FROM MT. LORETTA AVENUE 148
FEET SOUTH
Whereas, there has been presented to the City Council of the City of Dubuque,
Iowa, a plat dated 14th day of February, 2003, prepared by IIW Engineers & Surveyors,
P.C., describing the proposed vacated alley between Bryant and Ramona from Mt.
Loretta Avenue 148 feet south; 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 14m day of February, 2003, prepared by IIW
Engineers & Surveyors, P.C., 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, t.v. cable, and electric lines as may be authorized by the City
of Dubuque, Iowa, as shown on the Plat of Survey of Lot lA and Lot 3A in Columbia
Addition in the City of Dubuque, Dubuque County, Iowa.
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.
Passed, approved and adopted this 3rd day of
Attest:
~,/~e-anne F. SChneider, CMC, City Clerk
March ,2003.
PLAT OF SURVEY
LOT 1A AND LOT 3A
In Columbia Addition
In the City of Dubuque
Prepared by Ron Turner, Land Surveyor, City Hall - 50 West 13t~, 589-4270
ORDINANCE NO. 16-03
ORDINANCE VACATING THE ALLEY BETWEEN BRYANT AND RAMONA FROM
MT. LORETTA AVENUE t48 FEET SOUTH
Whereas, Dubuque Community Schools has requested the vacating of the alley between
Bryant and Ramona from Mt. Loretta Avenue 148 feet south; and
Whereas, IIW Engineers & Surveyors, P.C., has prepared and submitted to the City
Council a plat showing the vacated portion of the alley between Bryant and Ramona from Mt.
Loretta Avenue 148 feet south and assigned lot numbers thereto, which hereinafter shall be
known and described as Lot lA and Lot 3A in Columbia Addition in the City of Dubuque,
Dubuque County, Iowa;
Whereas, the City Council of the City of Dubuque, Iowa has determined that the alley
between Bryant and Ramona from Mt. Loretta Avenue 148 feet south is no longer required for
public use, except for utility easements as noted, and vacating of said portions of the alley
between Bryant and Ramona from Mt. Loretta Avenue 148 feet south known as Lot lA and Lot
3A in Columbia Addition in the City of Dubuque, Dubuque County, Iowa, should be approved.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real estate described as Lot lA and Lot 3A in Columbia Addition,
in the City of Dubuque, Dubuque County, 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 thereto, for the purpose of erecting, installing, constructing, reconstructing,
repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable,
and electric lines as may be authorized by the City of Dubuque, Iowa as shown on the Plat of
Survey of Lot lA and Lot 3A in Columbia Addition, in the City of Dubuque, Dubuque County,
Iowa.
Attest:
Passed, approved and adopted this 3~ day of March, 2003.
~ugg~; Mayor
(_/Oeanne F. Schneider, CMC, City
RESOLUTION NO. 74-03
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN
Lot lA AND LOT 3A IN COLUMBIA ADDITION IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, the Dubuque Community Schools has requested the vacating
the alley between Bryant and Ramona from Mt. Loretta Avenue 148 feet south;
and
Whereas, IIW Engineers & Surveyors, P.C., has prepared and submitted
to the City Council a plat showing the vacated portion of the alley between Bryant
and Ramona from Mt. Loretta Avenue 148 feet south and assigned lot numbers
thereto, which hereinafter shall be known and described as Lot lA and Lot 3A in
Columbia Addition in the City of Dubuque, Dubuque County, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has determined
that this alley between Bryant and Ramona from Mt. Loretta Avenue 148 feet
south is no longer required for public use, except for utility easements as noted,
and vacating and sale of said portions of alleys and streets known as Lot lA and
Lot 3A in Columbia Addition 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 intends to dispose of its interest in
Lot lA and Lot 3A in Columbia Addition in the City of Dubuque, Dubuque County,
Iowa.
Section 2. That the conveyance of Lot lA in Columbia Addition in the
City of Dubuque, Dubuque County, Iowa, to the Dubuque Community Schools be
contingent upon the payment of platting, publication, filing fees, and the
dedication of a 10-foot strip along the south right-of-way line of Mt. Loretta
Avenue from Bryant Street to Ramona Street.
Section 3. That the conveyance of Lot 3A in Columbia Addition in the
City of Dubuque, Dubuque County, Iowa, to Janaan D. Hanten be at no cost.
Section 4. 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, t.v. cable, and electric lines
as may be authorized by the City of Dubuque, Iowa as shown on the Plat of
Survey of Lot lA and Lot 3A in Columbia Addition in the City of Dubuque,
Dubuque County, Iowa.
Section 5. That the City Clerk be and is hereby authorized and directed
to cause a notice of intent to dispose of said real estate to be published in the
manner as prescribed by law.
Passed, approved and adopted this
3rd day of March ,2003.
~'J'eanne F. Schneider, CMC, C-~ Clerk
RESOLUTION NO.
RESOLUTION DISPOSING OF CITY INTEREST IN LOT lA AND
LOT 3A IN COLUMBIA ADDITION 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 ,2003, the City
Council of the City of Dubuque, Iowa met on the ,2003, at
6:30 p.m. in the Public Library Auditorium, 360 West 11th Street, Dubuque, Iowa
to consider the proposal for the sale of real estate described as:
Lot lA and Lot 3A in Columbia Addition 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 lA in Columbia Addition in the City of Dubuque, Dubuque County, iowa, to
Dubuque Community Schools be and the same is hereby approved for the cost
of publication, platting, filing fees, and the dedication of a 10-foot strip along the
south right-of-way line of Mt. Loretta Avenue from Bryant Street to Ramona
Street. Conveyance shall be by Quit Claim Deed.
Section 2. That the sale of City of Dubuque real properly described as
Lot 3A in Columbia Addition in the City of Dubuque, Dubuque County, Iowa, to
Janaan D. Hanten be and the same is hereby approved. Conveyance shall be by
Quit Claim Deed.
Section 3. The City of Dubuque reserves unto itself a perpetual
easement including the dght of ingress and egress thereto, for the purpose of
erecting, installing, construction, reconstructing, repairing, owning, operating, and
maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines
as may be authorized by the City of Dubuque, Iowa as shown on the Plat of
Survey of Lot lA and Lot 3A in Columbia Addition in the City of Dubuque,
Dubuque County, Iowa.
Section 4. 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 Dubuque Community Schools and Janaan D.
Hanten upon receipt of the purchase price in full.
Section 5. That the City Clerk be and is hereby authorized and directed
to record a certified copy of this resolution in the office of the City Assessor,
Dubuque County Recorder and Dubuque County Auditor.
Passed. approved and adopted this day of
,2003.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk