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Petition to Vacate Alley in D.N. Cooley's Subdivision for 396 W. Locust Housing Project Copyrighted August 6, 2018 City of Dubuque Items to be set for Public Hearing # 1. ITEM TITLE: Petition to Vacate Alley in D.N. Cooley's Subdivision for Housing Department Project at 396 West Locust Street. SUMMARY: City Manager requesting that the City Council set a public hearing for August 20, 2018 to consider vacating a 10-foot- wide alley adjacent to the property at 396 West Locust Street and just west of the intersection of West 17th Street and West Locust Street to facilitate a Housing Department project. RESOLUTION of Intent to vacate the 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 SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing forAugust20, 2018 ATTACHMENTS: Description Type Petition to Vacate Alley in D.N. Cooley's Subdivision- City Manager Memo NNM Memo Staff Memo Staff Memo Resolution Resolutions Alley Vacate Plat Supporting Documentation Area Map Supporting Documentation THE CITY OF Dubuque � 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: Petition to Vacate Alley Adjacent to Lots 14 and 15 in D.N. Cooley's Subdivision, City of Dubuque, lowa, for Vacating Petition (Housing Department Project at 396 W. Locust St.) DATE: July 31 , 2018 In response to a request 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 17th Street and West Locust Street, City Engineer Gus Psihoyos states that the City has no plans for the utilization of the alley to be vacated, except for reserving the public utility easements as noted. City Engineer Gus Psihoyos recommends that a public hearing be set for August 20, 2018, on the vacation of the alley property. 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 Dubuque � DUB E �"�'��c�" � � � r MG�St2Y�'JZ2CL' Ofl t�Z2 MISSZSSl�7�72 zoo�•zoiz•�ois TO: Michael C. Van Milligen, City Manager � FROM: Gus Psihoyos, City Engineer �,��.�.� � SUBJECT: Petition to Vacate Alley Adjacent to Lots 14 and 15 in D.N. Cooley's Subdivision, 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. I 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. RECOMMENDATION I am recommending that a public hearing should be held on August 20, 2018, for the vacation of the alley property. ACTION TO BE TAKEN I respectfully request that a public hearing be held on August 20, 2018, for the vacation of the alley property (Lot 15A of D.N. Cooley's Subdivision in the City of Dubuque, lowa) 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 �� �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. 233-18 RESOLUTION OF INTENT TO VACATE THE 10' 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 Whereas, the City of Dubuque Housing Department has requested the vacating of the 10 -foot -wide alley adjacent to Lots 14 and 15 in D.N. Cooley's Subdivision, in the City of Dubuque, Iowa; and Whereas, the City of Dubuque Engineering Department has prepared and submitted to the City Council a plat showing the proposed vacated 10 -foot -wide alley adjacent to Lots 14 and 15 in D.N. Cooley's Subdivision, in the City of Dubuque, Iowa and assigned a lot number thereto, which hereinafter shall be known and described as Lot 15A of D.N. Cooley's Subdivision, in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to vacate Lot 15A of D.N. Cooley's Subdivision in the City of Dubuque, Iowa. Section 2. That a public hearing on the intent to vacate Lot 15A of Sanford Subdivision in the City of Dubuque, Iowa is hereby set for the 20th day of August, at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, beginning at 6:00 p.m., and the City Clerk be and is hereby authorized and directed to cause anotice of public hearing on the intent to vacate said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 6th day of August, 12018 Attest: Kevin pl. iFirnstahl, CMC, City Clerk 1 gre Roy D. Buol, Mayor tZ Dubuque All -America City 11111' 2007 CITY OF DUBUQUE ENGINEERING DEPARTMENT 0122 HALL. 50 WEST 1300 STREET DUBUQUE, IA 52001-4804 _nE .r az�c. FA LOT 15A OF D.N. COOLEY'S SUBDIVISION CO u: rn 4) L7 0 0 0 0) 6 0 0 0` )) Q 00 0 0 U 03 0 m Q 0. NORTH 0 15' 30' 60' SCALE 1" = 30' FEET NOTES: 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF 2. PROPRIETOR OF ABOVE DESCRIBED LOT: CITY OF DUBUQUE 3. SURVEY REQUESTED BY: CITY OF DUBUQUE 4. TOTAL AREA OF PERIMETER SURVEYED IS 1,277 SQUARE FEET 5. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD 6. DATE OF SURVEY: 07-25-2018 NOTE: THIS SURVEY IS LOCATED IN THE SW 1/4 SECTION 24, T89N, R2E (DUBUQUE TOWNSHIP) OF THE 5TH P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA the 58x0) survey work was perfor130 by me or under my aired personal supervision ana trial) am a :duty licensee Lana 5"nayor unlet the la,s of the State of Iowa. 8. 51effer Jorma Llc. Na. 18126 Dale 1) license renewal date is December 31, 20110 Pages or sheets covered by tis seal. PAGES I AN02 ONLY 0\11 01 C2' CA FD. WITNESS MON. 2.00' N. OF CORNER N66" 29' 28"E 10.00' (10') 29• .2a ,..c; l30 4,61 PLAT OF SURVEY (R.O.W. VACATION) OF LOT 15A OF D.N. COOLEY'S SUBDIVISION, IN THE CITY OF DUBUQUE, IA COMPRISED OF: BEING A RIGHT OF WAY VACATION OF THE 10' WIDE ALLEY ADJACENT TO LOTS 14 & 15 IN D.N. COOLEY'S SUBDIVISION, IN THE CITY OF DUBUQUE, IOWA ED.=" REBAR WI ORANGE CAP # 15487 REBAR W/ ORANGE CAP l5ai 36Sg°3 #15487 5h. 0' 9 39,• •2$`� • 436S w LOT 15A 1,277 S.F. N (5/ LOT 1 FAIRVIEW SUB. PER PLAT BK. 2 PG. 137 Far REBAR WI YELLOW CAP #4016 . LOT 1-15 D.N. COOLEY'S SUB. PER BK. #19 TL, PG.180 41 & RETRACE. SURVEY # 2018-7994 C3 ��. Q FD. `'"REBAR .<C/ W/ ORANGE CAP 'V #154870 c3 a LOT 21 si FAIRVIEW SUB. PER PLAT BK. 2 PG. 137 S85° 47' 04"E 42.72' (42.88') FD.1" REBAR W/ YELLOW CAP 64016 ALLEY (20' ROW) _ 088" 38 07"E 11.05' 9.14' (9') FST C% r(��R O ') NS9° 47 X539,3 7)S1L NORTH 41'9" ) OF LOT 14 D.N. COOLEY'S SUB. PER BK. #19 TL, PG.180 o� `ry 00 11.26' ryQ 559" 39' 39"W 14.10' (14.14') 0 FOUND IRON ROD/PIPE AS SHOWN O SET 5/8" REBAR WITH YELLOW PLASTIC CAP #18128 R.O.W. RIGHT OF WAY (100:001) RECORDED DIMENSION /4 00 LINE BREAK ADJACENT PROPERTY LINE RIGHT OF WAY LINE (EXISTING) SET MAG NAIL FOUND MAG NAIL FOUND CUT "X" SURVEYOR'S CERTIFICATE I, Russell N. Kieffer, a Duly Licensed Land Surveyor in the State of Iowa, 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, Iowa, 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, Iowa, more particularly described as follows: Lot 15A of D.N. Cooley's Subdivision Beginning at the most westerly corner of Lot 1-15 of D.N. Cooley's Subdivision in City of Dubuque, Iowa; 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, Iowa; 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, Iowa. 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 Iowa. i1. Date 4 7 -25- 20/8 Russell N. Kieffer, P.L.S. No. 18128 My license renewal date is Dec. 31, 2018 Pages on sheets covered by this seal: this sheet only 2 OWNER'S CONSENT Dubuque, Iowa , 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, Iowa, 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. By: By: City of Dubuque UNIVERSAL NOTARY CERTIFICATE STATE OF COUNTY OF On this the undersigned, a N personally appeared personally known, OR _ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the sam in his/her/their authorized , 2018, before me, and for sai��jj State, Ki in5ikt�tb me capacity(ies), and that by his/ instrument the person(s) acted, (Notary Seal) PAMELA J. McCARRON Commission Nu ber 772419 My Comm, Exp. 5 heir sigture(s) .,n the ted t i57,r#,. (Sign in bluere ink) meld = "'no (Print/type name) Notary Public in and for State of Iowa Roy D. Buol, Mayor Kevin S. Firnstahl, Clerk CAPACITY CLAIMED BY SIGNER NDIVIDUAL CORPORATE OFFICER(S) (Title) (CO,PCP SEAL) AFFIXED NO SEAL PROCURED PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING PLANNING SERVICES Dubuque, Iowa The foregoing Plat of Survey (R.O.W. Vacation) Lot 15A of D.N. Cooley's Subdivision, City of Dubuque, County of Dubuque, Iowa, or within the two-mile jurisdiction of the City of Dubuque, Iowa, as defined under Section 354 of the Code of Iowa, 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 approval has been endorsed herein on the date first written above. A1:, b 2018 Laura Carstens, City Planner Planning Services Division City of Dubuque, Iowa CITY OF DUBUQUE, IOWA Dubuque, Iowa/i�,, , 2018 The undersigned, Roy D. Buol, Mayor, and Kevin S. Firnstahl, Clerk of the City of Dubuque, Iowa, 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 ue, County of Dubuque, Iowa, as appears heretofore has been filed on✓ day of r 1:447614, 2018 as Resolution # ,%c .--/Er in he office of the City CI rk f ue Iowa and tha the Council of the of Dubu ue Iowa a ro .s s�i. Ie o t City City q pp l p. Cler , of the City of 14:1 buque, IA COUNTY AUDITOR Dubuque, Iowa -f\U (/). "' ' ,,2018 'i The foregoing Plat of Survey (R.O.W. Vacation) of Lot 15A of D.N "V Fey's Subdi /inion, City of Dubuque, County of Dubuque, Iowa was entered of record in the offrce; t•the DUbucque County Auditor cju5� this 1 of 1u , 2018. We approve the subdivision.nagie o,r�titie •ghowi a . recorded. ; - g i 4 . Dolan" Auditor CITY ASSESSOR Dubuque, Iowa 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, Iowa was entered of record in the office of the Dubuque County Assessor this `? of ac, , 2018. Dubuque, Iowa Richard A. Eng Iken Dubuque City Assessor RECORDER'S CERTIFICATE L&pAJ ]fh , 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, Iowa has been reviewed by the Dubuque County Recorder. 5 John 6/11,uvp1A), John Murpiy Recorder of Dubuque County 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. Attest: t Passed, approved and adopted this 6th day of August 2018. KeviS. Firnstahl, �C 6; City Clerk /Roy D. Buol, Mayor STATE OF IOWA CERTIFICATE of tfie CITY CLERK ) 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, Iowa, 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. 218-18 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, Iowa. Dated at Dubuque, Iowa, on this 7th day of August, 2018. Ke 'n S. Firnstahl, CMC, City Clerk