Plat of Survey for Proposed Vacating Petition of Property Adjacent to 396 W. Locust St. Copyrighted
August 6, 2018
City of Dubuque Consent Items # 5.
ITEM TITLE: Plat of Survey for Proposed Vacating Petition for City of
Dubuque Housing Department Project at 396 West Locust
Street (Cooley's Subdivision)
SUMMARY: City Manager recommending approval of the Plat of Survey
of Lot 15A of D.N. Cooley's Subdivision related to a
Dubuque Housing Department project at 396 West Locust
Street and just west of the intersection of West 17th Street
and West Locust Street in Cooley's Subdivision
RESOLUTION Approving Plat of proposed vacate 10'-wide
alley adjacent to Lots 14 and 15 in D.N. Cooley's
Subdivision in the City of Dubuque, lowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Approval of Plat of Survey of Lot 15A of D.N. Cooley's City Manager Memo
Subdivision-NNM Memo
Staff Memo Staff Memo
Resolution Resolutions
Alley Vacate Plat Supporting Documentation
Area Map Supporting Documentation
THE CITY OF Dubuque
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AIFA�erlwGh
UB E '�� III►
Masterpiece on the Mississippi Z°°'�w'2
7A13 2017
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Approval of Plat of Survey of Lot 15A of D.N. Cooley's Subdivision in the
City of Dubuque, lowa for Vacating Petition (Housing Department Project
at 396 W. Locust Street)
DATE: July 31 , 2018
A request has been received from the City of Dubuque Housing Department to vacate a
10-foot-wide alley adjacent to the property at 396 West Locust Street and just west of
the intersection of West 17�h Street and West Locust Street.
The alley area to be vacated is described as Lot 15A of D.N. Cooley's Subdivision, in
the City of Dubuque, lowa. Public utility easement rights will be reserved over Lot 15A
for any future utility needs. With the exception of reserving public utility easements, the
City has no plans for the utilization of the alley to be vacated.
City Engineer Gus Psihoyos recommends City Council approval of the Plat of Survey of
Lot 15A of D.N. Cooley's Subdivision in the City of Dubuque, lowa.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�� �� ���
Mic ael C. Van Milligen �� �
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF Du��
i3.i.�i�
D�L E i I-AmericaCi�
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Masterpiece o�z tlie Mississip��i ,00,.Zo,2.,oY3
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer � _ �
SUBJECT: Approval of Plat of Survey of Lot 15A of D.N. Cooley's Subdivision in the
City of Dubuque, lowa
For Vacating Petition (Housing Department Project at 396 W. Locust St.)
DATE: July 25, 2018
INTRODUCTION
This is in response to a request from the City of Dubuque Housing Department for the
vacating of a 10-foot-wide alley adjacent to the property at 396 West Locust Street and
just west of the intersection of West 17t" Street and West Locust Street.
BACKGROUND
In March of 2015 the City of Dubuque Housing Department acquired the property at 396
West Locust Street from the DB&T Community Development Corporation. The Housing
Department is currently rehabilitating the residence and plans to sell the property later
this summer. The property consists of a two-story brick residence and a detached
garage. It was recently discovered that the detached garage that has historically been a
part of the property is partially located on the 10' wide alley right of way on the west side
of the lot. City Staff is proposing to vacate the 10' wide alley and later combine it with
the lot that the residence sits on so that the garage is no longer encroaching on the
public alley. This will allow the Housing Department to sell property with the house and
garage all on one lot.
DISCUSSION
The attached plat shows the alley area proposed to be vacated. The alley area to be
vacated is described as Lot 15A of D.N. Cooley's Subdivision, in the City of Dubuque,
lowa. Public utility easement rights will be reserved over Lot 15A for any future utility
needs. With the exception of reserving public utility easements as noted, the City has
no plans for the utilization of the alley to be vacated.
The alley right of way area to be vacated needs to be platted. The City of Dubuque
Engineering Department has prepared the attached vacation plat.
RECUMMENDATION
I am recommending that the plat of survey (vacation plat) be approved.
ACTION TO BE TAKEN
I respectfully request that the Plat of Survey of Lot 15A of D.N. Cooley's Subdivision in
the City of Dubuque, lowa, be approved through adoption of the enclosed resolution.
Prepared by Nate Kieffer, PLS
Cc: Maureen Quann, Assistant City Attorney
Kris Neyen, Rehab Supervisor
2
THECTTYOF AREA MAP � `
DUB E DAGIS ,�
o�e�Q�E�aER���aPP�����,��aMa.�ovs.,.E�
Masterpiere on the Mississippi
416 395 278
414
365
412 408 363
HOUSING DEPT.
RESIDENCE AT
396 W. LOCUST ST.
�1��� 345
EXISTING
GARAGE
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�c�'sr
396 s�' 315
A1 BODY & PAINT
PROPERTY 4�0
378
366
10' WIDE 364
ALLEY - 34$
TO B E 346
VACATE D 32s
324
306
DISCLAIMER:Thls Informatlon was mmplled
�sing the Dubuque Area Geographlc Informatlon SVstem
oAcis�,wnid,md�d�dar���eaeed ev eom me ciev oF Map P�epa�ed by:
Dubuque and Dubuque County. It Is understood that,whlle
me ciev oF o�e�q�e a�d pa�eidpaei�g age�d��ewzed me City of Dubuque
mo��,��e�ca�da���ce��fo�mac�o�a�auabie,oA��sa�d 1 inch = 40 feet EngineeringDivision
ie�s�,vvue�s do�oe wa��a�e me a����a o��,Re�a of ine
mr��maeio�o�dar��o�eai�ed ne�em rne ciev a�d PamdPaei�g 50 West 13th St�eet
age��i�snau�oe ee neia uaeie Fo�a�v ai�e�e,i�ai�e�e,i��iae�eai, Dubuque,lowa 52001
���a�e�eiai,v��ieroe,o�svedai aamae�,wneme�Fo��eeaeie o�
�����eeaeie,a��s��g o�e oF me a�eno�izea o���a�eno�izea�se oF 40 20 0 40 F22t Phone:(563)589-4270
mis daea o�me i�aewev eo��mis daea o�o�e oF a�v e�ead,oF
wa��a�ry wnarsoe�e� Fax.(563)589-4205
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 218-18
RESOLUTION APPROVING PLAT OF PROPOSED VACATED 10' WIDE ALLEY
ADJACENT TO LOTS 14 AND 15 IN D.N. COOLEY'S SUBDIVISION, IN THE CITY
OF DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque,
Iowa, a plat dated July 25, 2018 prepared by the City of Dubuque Engineering
Department, showing the vacated 10 -foot -wide alley adjacent to Lots 14 and 15 in D.N.
Cooley's Subdivision, in the City of Dubuque, Iowa, to be known as Lot 15A of D.N.
Cooley's Subdivision, in the City of Dubuque, 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 July 25, 2018 prepared by the City of Dubuque
Engineering Department, 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 a perpetual public utility easement over
said Lot 15A, as shown on the plat thereof, including the right of ingress and egress
thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing,
owning, operating, and maintaining public utilities and appurtenances.
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 6th day of August 2018.
Attest:
Kevi r . Firnstahl, City Clerk
oy D. Buol, Mayor
Reserved for Recorder
INOEX LEGEND:
LOCATION:,0'WIDE ALLEY ADJACENT IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
TO LOTS 14 AND 15 IN
D.N.COOLEY'S SUBDIVISION, Doc ID: 008866020007 Type: GEN
CITY OF DUBUQUE,IOWA Kind: SURVEY PLAT
REQUESTOR:CITY OF DUBUQUE Recorded: OS/08/2018 at 02:13:50 PM
PROPRIETOR:CITY OF DUBUQUE Fee Amt: $37.00 Paqe 1 of 7
SURVEYOR:RUSSELL N.KIEFFER Dubuque County Iowa
SURVEYOR COMPANY:CITY OF DUBUQUE John Murphy Recorder
RETURN TO:RUSSEL�N.KIEFFER,CI7Y OF DUBUQUE File 2 O 1 8�0000 V �OO
50 WEST 13TH ST.,DUBUQUE,IOWA 52001
Prepared By: City of Dubuque Address: 50 West 13th St., Dubuque, IA 52001 Ph:563-589-4270
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SURVEYOR'S CERTIFICATE
I, Russell N. Kieffer, a Duly Licensed Land Surveyor in the State of lowa, do hereby certify that the
following real estate was survey and platted by me or under my direct personal supervision, To Wit;
Lot 15A of D.N. Cooley's Subdivision, in the City of Dubuque, lowa, being a R.O.W. vacation of the
10' wide alley adjacent to Lots 14 and 15 in D.N. Cooley's Subdivision, in the City of Dubuque, lowa,
more particularly described as follows:
Lot 15A of D.N. Coolev's Subdivision
Beginning at the most westerly corner of Lot 1-15 of D.N. Cooley's Subdivision in City of Dubuque,
lowa;
Thence South 23 Degrees 52 Minutes 42 Seconds East along the westerly lines of Lots 14 and 15 in
D.N. Cooley's Subdivision a distance of 130.01 feet;
Thence North 88 Degrees 36 Minutes 07 Seconds West a distance of 11.06 feet to the southeast
corner of Lot 21 in Fairview Subdivision, in the City of Dubuque, lowa;
Thence North 23 Degrees 52 Minutes 42 Seconds West along the easterly line of said Lot 21 a
distance of 125.35 feet to the northeast corner of said Lot 21;
Thence North 66 Degrees 29 Minutes 28 Seconds east along the southerly right of way line of West
17th Street a distance of 10.00 feet to the point of beginning, containing 1,277 square feet, more or less,
and is subject to easements, reservations, restrictions and rights of way of record and not of record.
The above described parcel shall hereinafter be known as Lot 15A of D.N. Cooley's Subdivision,
City of Dubuque, County of Dubuque, lowa.
The above described lot(s)were surveyed and platted for right-of-way purposes, the plat of which is
attached hereto and made a part of this certificate. All monuments were placed or shall be placed within
one year from the date this plat is recorded.
I hereby certify that this land surveying document was prepared and the related survey work was
performed by me, or under my direct personal supervision, and that I am a duly licensed Professional
Land Surveyor under the laws of the State of lowa.
l?�/!/l �'I. !i� Date D �'�.5�'Z�/�'
� Russell N. Kieffer, P.L.S. No. 18128
\��'==�0 SG My license renewal date is Dec. 31, 2018
�y`?: � '•.�PG Pages on sheets covered by this seal: this sheet only
; RUSSEL L N. ��c
�; KIEFF�R ;�
�'� 18128
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2
OWNER'S CONSENT
Dubuque, lowa , 2018
The foregoing Plat of Survey (R.O.W. Vacation) of: Lot 15A of D.N. Cooley's Subdivision, City of
Dubuque, County of Dubuque, lowa, is made with the free consent and in accordance with the desires of
the undersigned owners and proprietors of said real estate. We hereby reserve a public utility easement
over the entirety of said Lot 15A.
City of Dubuque
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� ���� �1�. �, By: �. �
���'`� '�. �.'�;.�` Roy D. Buol, Mayor
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By:
� �" �- 'Y' {:" �'��7 +�'� Kevin S. Firnstahl Clerk
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UNIVERSAL NOTARY CERTIFICATE �
I STATE OF ) � CAPACITY CLAIMED BY SIGNER I
NDIVIDUAL ',
' COUNTY OF ) I �CORPORATE OFFICER(S) I
(TiUe)
On this d of , 2018, before me, ,
the undersigned, a N ry Public n and for sai State, ; (CO�P SEAL)
personally appeared ,� ki�� me �/AFFIXED
personally known, OR _ proved to me on the basis of _NO SEAL PROCURED I
i satisfactory evidence to be the person(s) whose name(s) is/are PARTNER(S)_LIMITED_GENERAL ;
subscribed to the within instrument and acknowledged to me _ATTORNEY-IN-FACT '
� that he/she/they executed the sam in his/her/their authorized � _TRUSTEE(S) �
capacity(ies), and that by his/ r/heir sig ure(s) n the ! GUARDIAN/CONSERVATOR
� instrument the person(s)acted, e ted t i r _OTHER
(Notary Seal) I
(Signinbluein > ; SIGNER IS REPRESENTING
,,.•`"�. PAMELA J.IVICCARRON ��,y���� T I��IC.I.u-/ I"D� ��
�' Commission Nu ber 772419 ��� ��"
`—"='f M COmm.Ex (PrinUtype name)
�ow� Y P•�� Notary Public in and for State of lowa
II ----- ----- � -- ---
3
PLANNING SERVICES
Dubuque, lowa , 2018
The foregoing Plat of Survey (R.O.W. Vacation) Lot 15A of D.N. Cooley's Subdivision, City of Dubuque,
County of Dubuque, lowa, or within the finro-mile jurisdiction of the City of Dubuque, lowa, as defined under
Section 354 of the Code of lowa, has been reviewed by the City Planner, (or designee) of the City of
Dubuque in accordance with Chapter 42 of the City of Dubuque Code of Ordinances, and said roval has
been endorsed herein on the date first written above. ��������
Laura Carstens, City Planner
Planning Services Division
City of Dubuque, lowa
CITY OF DUBUQUE. IOWA
Dubuque, lowa �G , 2018
The undersigned, Roy D. Buol, Mayor, and Kevin S. Firnstahl, Clerk of the City of Dubuque, lowa, do hereby
certify that the foregoing Plat of Survey (R.O.W. Vacation) of Lot 15A of D.N. Cooley's Subdivision, City
of Dub e, Coun of Dubuque, lowa, as appears heretofore has en filed on �"��'"� day of
, 2018 as Resolution # �/���� in he office of the City
Clerk o ub que, lowa and that the City Council of the City of Dubuque, lowa appro s " pl .
Mayor of e City of D uque, IA
Clerl of the City of ubuque, IA
COUNTY AUDITOR
Dubuque, lowa . � . `"" • 2018
,,
_" ��-(, .�/�� " �
The foregoing Plat of Survey (R.O.W. Vacation) of Lot 15A qf D.N,="�1ab�ey'�s Subdivr,s�ot�;, City of
Dubuque, County of Dubuque, lowa was entered of record in ttie offic��•t�ie Dubuque Cq��ty Auditor
this �_ of �vA�5�1� , 2018. We approve the subdivisioyl natt�e o,r�title, Showr� h�on to be
recorded. � ; ``�� � ' #� � �=
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T.,..., . �
�, c� °ao � -�� �i�enF''s�,1Vil. Dolan
'` , �,,bubuqi.i��outi'!"'y Auclitor
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4
CITY ASSESSOR
Dubuque, lowa t�" 7 2018
,
The foregoing Plat of Survey (R.O.W. Vacation) of Lot 15A of D.N. Cooley's Subdivision, City of
Dubuque, County of Dubuque, lowa was entered of record in the office of the Dubuque County
Assessor this ?�' of u , 2018. �
l,l- v
Richard A. En Iken
Dubuque City Assessor
RECORDER'S CERTIFICATE
Dubuque, lowa TC U CI��` �h , 2018
The foregoing Plat of Survey (R.O.W. Vacation) of Lot 15A of D,N. Cooley's Subdivision, City of
Dubuque, County of Dubuque, lowa has been reviewed by the Dubuque County Recorder.
J�h h �,u��I�.�
John MT urp
Recorder of Dubuque County
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5
Prepared bv: Nate Kieffer,Citv of Dubuaue.50 W. 13`"Street.Dubuaue. IA 52001 (563)589-4270
Return to: Nate Kieffer,City of Dubuque,50 W.13"'Street,Dubuque, IA 52001 (563)589-4270
RESOLUTION NO. 218-18
RESOLUTION APPROVING PLAT OF PROPOSED VACATED 10' WIDE ALLEY
ADJACENT TO LOTS 14 AND 15 IN D.N. COOLEY'S SUBDIVISION, IN THE CITY
OF DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque,
lowa, a plat dated July 25, 2018 prepared by the City of Dubuque Engineering
Department, showing the vacated 10-foot-wide alley adjacent to Lots 14 and 15 in D.N.
Cooley's Subdivision, in the City of Dubuque, lowa, to be known as Lot 15A of D.N.
Cooley's Subdivision, in the City of Dubuque, lowa; 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 July 25, 2018 prepared by the City of Dubuque
Engineering Department, 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,
lowa.
Section 2. The City of Dubuque reserves a perpetual public utility easement over
said Lot 15A, as shown on the plat thereof, including the right of ingress and egress
thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing,
owning, operating, and maintaining public utilities and appurtenances.
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, lowa.
Passed, approved and adopted this 6t'' day of August 2018.
�z
oy D. Buol, Mayor
Attest:
Kevi . Firnstahl, , City Clerk
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
) SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, lowa, in the County aforesaid, and as such City Clerk, I have in
my possession or have access to the records of the proceedings of the City Council. I
do further state that the hereto attached Resolution No. 2'18-18 is a true and correct
copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
lowa.
Dated at Dubuque, lowa, on this 7th day of August, 2018.
,
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