Request to Vacate_Blanche Avenue_LeifkerTHE CITY OF Dubuque
mi
DUB E
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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 Blanche Avenue
DATE: October 12, 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 states that no utilities exist in this parcel and recommends approval of the
request to vacate for a purchase price of $300, plus 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
TH E CITY OF
DUB E
Masterpzece on the Mzsszssrppi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: October 12, 2009
SUBJECT: Vacate -Alley Off Blanche Avenue
INTRODUCTION
Dubuque
'~III-
200
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 and is platted as Lot 112-A of Maple Leaf Addition in the City
of Dubuque, Iowa.
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. The City plans to dispose of Lot 112-A to Raymond E. Tarkett, owner of
765 Blanche Avenue.
RECOMMENDATION
I would recommend that a public hearing be held for the vacating and disposition of the
City's interest in Lot 112-A in Maple Leaf Addition. I would further recommend that the
purchase price be established at $300 plus 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. 421-09
RESOLUTION VACATING LOT 112-A IN MAPLE LEAF ADDITION IN THE
CITY OF DUBQUUE, DUBUQUE, COUNTY, IOWA
Whereas, Raymond E. Tarkett has requested the vacating of a portion of a
public alley abutting Lots 81 and 86 and Lots 112 through 117 all in Maple Leaf
Addition in the City of Dubuque, Iowa; and
Whereas, there has been presented to the City Council of the City of
Dubuque, Iowa, a plat dated the 8t" day of September, 2009, prepared by
Buesing and Associates, Inc., describing the proposed vacated portion of a
public alley abutting Lots 81 and 86 and Lots 112 through 117 all in Maple Leaf
Addition platted as Lot 112-A in Maple Leaf Addition in the City of Dubuque,
Dubuque County, Iowa; 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 this9tn day of October, 2009, the City
Council of the City of Dubuque, Iowa met on thel9thday of October, 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 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 THE
CITY OF DUBUQUE, IOWA:
Section 1. That the real .estate described as Lot 112-A in Maple Leaf
Addition in the City of Dubuque, Iowa, be and the same is hereby vacated.
Section 2. 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
19th day ®f October
Roy D. Buol, Mayor
tit:
d~%~~~-~~~-r`~~' ~ ' .. Vii`
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. 422-09
RESOLUTION DISPOSING OF CITY INTEREST IN LOT 112-A IN
MAPLE LEAF ADDITION IN THE CITY OF DUDUQUE, DUDUQUE 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 9th day of october , 2009,
the City Council of the City of Dubuque, Iowa met on the 19th day of
october 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 112-A in Maple Leaf 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 112-A in Maple Leaf Addition in the City of Dubuque, Dubuque County, Iowa,
to Raymond E. Tarkett 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. 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 Raymond E. Tarkett upon receipt of $300
plus publication and filing fees.
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 day, f ,
2009.
Roy D. Buol, Mayor
Atte t:
eanne F. Schneider, CMC, City Clerk
Prepared by and Return to: Ron Turner, Engineering Dept., 50 W 13'h St. Dubuque, Iowa 52001 (563) 589-4270
Address Tax Statement: Raymond E. Tarkett, 765 Blanche Ave., Dubuque, IA 52001 (563) 582-4869
QUIT 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:
Raymond E. Tarkett
765 Blanche Ave.
Dubuque, IA 52001
all its right, title, and interest in the following described real estate situated in
Dubuque County, Iowa, to-wit:
Lot 112-A Maple Leaf Addition to 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. 422-o9of the City
of Dubuque, adopted the 19th day of october 2009, the terms and
conditions thereof, if any, having been fulfilled.
Signed this 19th day of october
Attest:
,~ ~~~
,Yeanne F. Schneider, CMC,
City Clerk
CITY OF DUBUQUE, IOWA
~, 2009.
(i:
Roy D uol, Mayor
STATE OF IOWA )
ss
DUBUQUE COUNTY )
On this %~~`'day of ~ , 2009, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Roy D. Buol and
Jeanne F. Schneider, to me personally known, who being by me duly sworn, did
say that they are the Mayor 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 said corporation; that this Deed is given by the authority of
its City ouncil by Resolution No r~r~"~~j of the City Council on the ~~-day of
,~ ,~1, ~~r/ 2009; and that the said Roy D. Buol and Jeanne F. Schneider as
such officers acknowledged the execution of the instrument to be their voluntary
act and deed and the voluntary act and deed of the corporation, by it voluntarily
executed.
~,-~ --
Notary Public In and For Said State
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