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
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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
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DUB E �"�'��c�"
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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�
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416 395 278
414
365
412 408 363
HOUSING DEPT.
RESIDENCE AT
396 W. LOCUST ST.
�1��� 345
EXISTING
GARAGE
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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
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age��i�snau�oe ee neia uaeie Fo�a�v ai�e�e,i�ai�e�e,i��iae�eai, Dubuque,lowa 52001
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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
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Dubuque
All -America City
11111'
2007
CITY OF DUBUQUE
ENGINEERING DEPARTMENT
0122 HALL. 50 WEST 1300 STREET
DUBUQUE, IA 52001-4804
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LOT 15A OF D.N. COOLEY'S SUBDIVISION
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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