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Petition to Vacate Alley in D.N. Cooley's Subdivision for Housing Project Near 396 W. Locust St._Hearing Copyrighted August 20, 2018 City of Dubuque Public Hearings # 2. ITEM TITLE: Petition to Vacate Alley in D.N. Cooley's Subdivision for Housing Department Project at 396 West Locust Street SUMMARY: Proof of publication for notice of public hearing 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, and the City Manager recommending approval. RESOLUTION Vacating the 10-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) ATTACHMENTS: Description Type Vacating Petition-Housing Dept Project at 396 W City Manager Memo Locust-NNM Memo Staff Memo Staff Memo Resolution Resolutions Alley Vacate Plat Supporting Documentation Area Map Supporting Documentation Proof of Publication 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: Vacating Petition (Housing Department Project at 396 W. Locust St.) DATE: August 9, 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 City Council approval to vacate Lot 15A of D.N. Cooley's Subdivision. 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�b�q�e DUB E i'��i I f� Masterpiece on tl�e Mississippi Zoo;.,olZ.zo13 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer , � �. SUBJECT: Vacating Petition (Housing Department Project at 396 W. Locust St.) DATE: August 7, 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 17th 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 ori 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. RECOMMENDATION � I am recommending the vacating of Lot 15A of D.N. Cooley's, in the City of Dubuque, , lowa. ACTION TO BE TAKEN I respectfully request that the vacating of Lot 15A of D.N. Cooley's Subdivision, in the � City of Dubuque, lowa be approved through the 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 Return to: Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 252-18 RESOLUTION VACATING THE 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 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, 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, describing the proposed vacated alley right of way, in the City of Dubuque, 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 the 10th day of August, 2018, the City Council of the City of Dubuque, Iowa met on the 20th day of August, 2018, at 6:00 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th 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 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, 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 15A of D.N. Cooley's Subdivision, in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 20th day of August 2018. Attest: Kevin S. Firnstahl, CMS, City Clerk Roy 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 � -r� v 'R�*..�F��+ � o N ��,r„ C •�4 �'�0 n ��'�°i C `� i'ZC� :� rp- �� C c. r m -if- m � �� C <: 1j'�T�N •D f�()Opcn-1 Z rncnr> wr.�-� ZO -, CT � �' � y�•• ODtr� �.O c�-�W�� m D=OC�r m �� •. � ? �C7 ��rt1Q1' C C�t1�D<��tn � Q O •� 1�� -�'imm< O�D�� D '710 � � �o ��2�OA�� a�o� -�� u,�mm-rni� m ' y � ��' p � � n c oo_ �- p� rn �I � R ° Z �-1 D1J� �zu� ��D m —I W � �v -1 �s � ,§ � m Illa c�m � � m-tZi��vr m O� D Z Z =?O .�ao �cn�"Z �z � � r � � � o z y " ; a�o=�o°o� om�mo� `� O� " { ,n I�•� o � � m � � � Q C m Z� N ��W G D o^ii � m OI y Z � o w � p y' -�m..�m� ,y �D Z � " � '` ; � � � m mZ o�mnmm � `°� N � m O � o � � � � � �0 5 � "� oo ��tnZ p �; � � � Wr m gf � o N. � = r �t � c� (J � j J d , Q � . � � m �1��c�m �� O o � C m � � � � F D.'D��m m`° � a N m� Z a � � N ; � y cn< �m � �� r m � o Q �; � o a � � mmO� y �'r1 � D� +n �` � d " a �m WrZ f� � m y o � � � z Z�CO� � 3 (n z N-NI m � Y . o -i—A � m � � o o � � ��m n n z �' � � T �W � � QZ o � Qo °� �D � � v Xa� DW w � p' " m 3 �fA �r � C �N � m � m � (p A�I N � � = pA o= O � m � m '� °' 0 a � D Dm �m � Z ti W � Z � �I K v z T p O � N -�� n � v pm m� o � � Z A, `�'- a Z m � � � � �((('''��Vy � 0� � n „� N �y � � At p N c°n �l� S�\l T � m c� 0 � v � � � � N� � � < r J � / � � � m � �,, 2 � �,� � / <„ �,,� -I � � --� �� ; v � � / �� ~ W � �i �� m � r mrn � � ��m N pp o�Z's N r � t�i�� °° ^'m V' mo oc�oo Z 7,�J y Q �..� tJ� m o'oo� �1 �� j,• � ..�1 —�I �cP6, �;o Z?� . ��m g�j�� (� � �� ,°z � �� l�2�0�'1 � � � � y m D �O r � � �ZS 2 � / 171 N � � � m 0 MZ"o Z� � �j'�1d ,�ZS a'6'o � � I ^ � V � N � l ��Z� � O� O�� g �v2,� 25 0 �,a � i � N +� �+ 7C c Z�' lM g� � o„ � � I � � ^' °D ��'Z� Z� o�Zs lg9b�1 � m � z W ��s` �� -% R1 ��Z�P � �� k -�i � n r � A �m omo � � ��0�� , o �,D,� � � O u'-? °4�� ITt � l6�'��p`'0� � N�po �D A c��o cn� "m5 v, �� El 6 ZS �T 2 ;�° c cn y � � � �°�'�q Z�' °� N`��° 2's ��2' � < � c � w „Z ?p, � � �z 22,F�N C�� 9��8�(9� � W �� _ � � � a m �� '�9) yss�e�ABJ !°jw `O� o� O O Z a 'OT1 -� c� m A� � . �o �w �� „ � O v� �' �c�� C _ � � m m _a G � N3��?p, m Z Z �o� � � '� m � � I � n � ■ i 2 2F � � � o ° � m U, D � Z I<TI � � � _ .� �co ^ • � ` � T �o O0'�,� , O � � O � �� "'ja � Z � `/ � � /v ., -� C� � � � �c' � O • �J -� �' � C° � w C'�' � � 0 � � � ^ I � O , o ;� � W ��v�w yC� v � z� � � � �0 -n -n cn � D � � � � cn � �' � O „ tn O 00 � � v mn � D � O Q � 0 = 0 � �1 ' zz � � n WO � � c� z C� � �c � m0 � '� � 0 � y m � � cb � G� / C � -n � n � � � Z mm � n � � i� >' i m � o • • C C � � DD � � � D � WZ � .y �\ p � � AC � W xDrr � � � � � O �4� \ D < y m � � 8 � Zm Z N � � �� i v� � � � � � m � cn � —� _ p , prn � < O m � O = -° CS" z "� � Z ' X r Z � m �� rn � Z r � � � Q � � m � = n Z �1 � �- O i� Z 5 � � � Z / —� O 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 f �+ •` t��• IOWP 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 ¥` �,�, �� ' . Jf�� . . � ;��s�\ � / /'% � �� 1�. �, By: �. � ��'`� '�. �.'�;.�` Roy D. Buol, Mayor � �,� . �.y • ��'� � •,L . ti . . ;• •� `'�. . ; • �,` ," ��a,. . 04 ; , �^, • . t, ., ..' ,� �e� � a - � �:� � � 'Z 'v . • . v � � � C. ., �ft' � • �".,. �� "� + '� ja�, ''�"'d • �`t� ; �� '1 • By: � �" �- 'Y' {:" �'��7 +�'� Kevin S. Firnstahl Clerk � « ..� � , ,-.. ; , r�� ;�..�. �,y , +, �Y �� F \ � �"'�,,�'q��'�� 3da A, n kx,`t t �A!"� 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. � ; ``�� ' #� � �= `o::� t =.'- :. =� � '{��1.�� • � `Jt ,�,. ,r��,[.lY�l�� '��.; T.,..., . � �, c� °ao � -�� i�enF''s�,1Vil. Dolan '` , �,,bubuqi.i��outi'!"'y Auclitor b J �� .��``� �� , :�. 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 b� �c�,-+� cc��.�..�..�� .; . , . ��'� '�� ?� . . _'��`• �► . J� - . 'h.-i `�,'' ` � , �`a�a,��' ` �>. `+. i {,� .. r:Y "- � , 1 `J y- � �V � � �:�.��y��,� � 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. , ,�,:..,�.�z.s ,, ;h .. ._ ... ... : �F 7��r"'��;: �ti\- • ` �f�,'-� Ke 'n S. Firnstahl, CMC, City Clerk C,�,y < .s'•.� , �,#.'- *r: :�� (.r� _ ; . � . � • �'C�14�i �. A < . � � �7 /�. . � . � f i � ',' •i .. ' , y . ,� ', .�' . ' ,,' 'StY' . j f� ��>, {_J I r � `.��:R� '1, �� \/' I :�� t� ��'+s .,.. ,,,.x Return to: Prepared by: 11 11 11 1111 11 11 11 11 11 Doc ID: 008873620004 Type GEN Kind: RESOLUTION Recorded: 08/22/2018 at 03:35:49 PM Fee Amt: $22.00 Page 1 of 4 Dubuque County Iowa John Murphy Recorder F11e2018-00009761 Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 252-18 RESOLUTION VACATING THE 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 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, 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, describing the proposed vacated alley right of way, in the City of Dubuque, 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 the 10th day of August, 2018, the City Council of the City of Dubuque, Iowa met on the 20th day of August, 2018, at 6:00 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th 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 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, lowa, 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 15A of D.N. Cooley's Subdivision, in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 20th day of August 2018. Attest: Kevin S. Firnstahl, CM , City Clerk Roy D. Buol, Mayor 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, 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. 252-18 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 21st day of August, 2018. 4• 1 - ;:k At :,"%�' Kevin Firnstahl, MC, City Clerk Reserved for Recorder Dubuque lag File 2018-00009100 MI -America CI1 III 2007 CITY OF DUBUQUE ENGINEERING DEPARTMENT CITY HALL, 50 WEST 13th STREET DUBUQUE, IA 52001-4864 PHONE (563) 566-4270 FAX (563) 5894205 Mews By INK I Approved By INK 1026 017252018 LOT 15A OF D.N. COOLEY'S SUBDIVISION DWG L.: F411(47,CAD ,eaIPmPOrN.12a611" 6F(49,areen on IF, 14 Hussy sa, taxere 027.NIm8,, S8,2 N.mhc 1 of 2 50 West 13th St., Dubuque, IA 52001 Ph:563-589-4270 Prepared By: City of Dubuque Addr 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 I hereby cemy that this land surveying dowmenl was 0/852/03 dna the ,elated survey wed, was Peddmed DY me or under my tared 0er50aal supervlsbn and mal I am a duly lmensed Land Surveyor under the laws of the Stale of Iowa. Far Na City al Dubuque v. 07 Z5,-20/8 Russell N. Kieffer Iowa Lk. No. 19128 Dale Nay license renewal dales December 31. 2018 Pages or sheela covered by this 2621: PAGES I AND ONLY / b: Rp.NI FD. WITNESS MON. 2.00' N. OF CORNER N66' 29' 28'E 10.06 (12) 928E 6 69 l3 g5 LOT 15A 1,277 S.F. N N F o w a tP LOT 21 tJJ FAIRVIEW SUB. PER PLAT BK. 2 PG. 137 S85' 47' 04"E 42.72' (42.88') 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 FD. REBAR W/ ORANGE CAP 815487 FD. REBAR N,i9. W/ ORANGE CAP 615487 5A 31 l5d 3650 39,3g• .sow POB LOT 1-15 D.N. COOLEY'S SUB. PER BK. #19 TL, PG.180 a & RETRACE. SURVEY # 2018-7994 a cCS o- Ct. FD. ' REBAR 241 W/ ORANGE CAP Rr - - 8154870 (V „30 LOT 1 FAIRVIEW SUB. PER PLAT BK. 2 PG. 137 FD.t REBAR W/ YELLOW CAP A 4016 FD. r REBAR W/ YELLOW CAP 4 4016 ALLEY (20' ROW) 11/$.6,/, ` \ US'T Ss?, rsv, R Opi/ 9.14' (9') 4/59°,9g, J NORTH 417 OF LOT 14 D.N. COOLEY'S SUB. PER BK. #19 TL, PG.180 O oo. 11.26' N59' 39' 39'71 14.10'(14.14') 588' 36' OTE 11.06' ry0 • FOUND IRON ROD/PIPE AS SHOWN O SET 5/8" REBAR WITH YELLOW PLASTIC CAP #18128 R.O.W. RIGHT OF WAY (100.00') RECORDED DIMENSION // LINE BREAK ADJACENT PROPERTY LINE RIGHT OF WAY LINE (EXISTING) O SET MAG NAIL • FOUND MAG NAIL 13 FOUND CUT "X" 3700®C: Dubuque County Recorder / Registrar of Vital Records John Murphy jmurphy@dbqco.org Deputies Diane E. Gavin Karol A. Kennedy 720 Central Ave #9 • Dubuque, Iowa 52001-7059 • Phone: 563-589-4434 • Fax: 563-589-4484 Attached is the billing receipt for the 3 documents enclosed. We mistakenly charged them all to the City Engineer when Instrument #2018-9763 in the amount of $107.00 should have been charged to City Planning. I have printed 2 receipts and highlighted the amounts due by each office. City Planning owes $107.00. City Engineer owes $49.00. I apologize for any inconvenience! Please feel free to call me at 589-4434 with any questions Thank You ww d b q ecountyoorg Dubuque County Iowa John Murphy Recorder 720 Central Ave. Dubuque, IA 52001 Phone Number: (563)589-4434 Official Receipt: 2018-00006889 Reprinted on 08/31/2018 at 10:47:39 AM By: 63 on DCRO2 DUBUQUE CITY ENGINEER CITY HALL 13TH AND CENTRAL AVENUE DUBUQUE IA 52001 Date Recorded: 08/22/2018 Instrument ID Recorded Time Amount 2018-00009761 03:35:49 PM $22.00 AFR - RESOLUTION DUBUQUE CITY TO:DUBUQIJE CITY HOUSING DEPARMENT Accounts Amount RECORD MANAGEMENT $1.00 TECH FEE $1.00 REAL ESTATE $20.00 NON -CONFORMING FEE $0.00 2018-00009762 03:36:40 PM $27.00 EAS - EASEMENT KEY WEST COMMUNITY FIRE DEPARTMENT TO:DUB000E CITY Accounts $1.00 RECORD MANAGEMENT TECH FEE $1.00 REAL ESTATE $25.00 NONCONFORMING FEE $0.00 2018-00009763 03:41:24 PM $107.00 AFO - ORDINANCE DUBUQUE CITY TO:MOUNT CARMEL PLANNED UNIT DEVELOPMENT Accounts Amount RECORD MANAGEMENT$1.00 TECH FEE $1.00 REAL ESTATE $105.00 NON -CONFORMING FEE $0.00 Total Due:__ _ `E: ► ; O Amount Charged: 1g->€0' tw_D,0$156.00 Change Tendered: +3`i < r7, 4�4,1\iN $0.00 HAVE A NICE DAY! WWW.DUBUQUECOUNTY.ORG Dubuque County Iowa John Murphy Recorder 720 Central Ave. Dubuque, IA 52001 Phone Number: (563)589-4434 Official Receipt: 2018-00006889 Reprinted on 08/31/2018 at 10:47:39 AM 1_63 on DCRO2 DUBUQUE CITY ENGINEER CITY HALL 13TH AND CENTRAL AVENUE DUBUQUE IA 52001 Date Recorded: 08/22/2018 Instrument ID Recorded Time Amount 2018-00009761 03:35:49 PM $22.00 AFR - RESOLUTION DUBUQUE CITY TO:DUBUQUE CITY HOUSING DEPARMENT Accounts Amount RECORD MANAGEMENT $1.00 TECH FEE $1.00 REAL ESTATE $20.00 NON -CONFORMING FEE $0.00 2018-00009762 03:36:40 PM $27.00 EAS - EASEMENT KEY WEST COMMUNITY FIRE DEPARTMENT TO:DUB000E CITY Accounts RECORD MANAGEMENT TECH FEE REAL ESTATE NON -CONFORMING FEE 2018-00009763 03:41:24 PM AFO - ORDINANCE DUBUQUE CITY TO:MOUNT CARMEL PLANNED UNIT RECORD MANAGEMENT TECH FEE REAL ESTATE NON -CONFORMING FEE Amount $1.00 $1.00 $25.00 $0.00 $107.00- DEVELOPMENT 107.00- DEVELOPMENT Amount $1,00 $1,00 $105.00 $0.00 fatal -Due: $156.00 Amount Charged: $156,00 Change Tendered: $0.00 HAVE A NICE DAY! WWW.DUBUQUE000NTY.ORG qko 31(_t_tD i C t-cs( N��i 5t5; BMWD Toc._.‘T`r STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pilce, a Billing Clerlc for Woodward Communications, Inc., an Iowa corporation,publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: August 10, 2018, and for which the charge is $46.21. . Subscribed to before me, a N tary Public in and for Dubuque County, Iowa, this�_day of �_, 20�_. Notar ublic in and for Dubuque County, Iowa. =cP,��f a�ra�-r�.�� Commissian Numt�ar 1�J8��3 � ,oW* My Comm,Exp.DEC 11,�2(119 mitted "to .the-.City Clerk s Office;.City Half; <501N.13tli:.Street,,on or before eaidi`,time .of' puqlic hearin'g ;Copies of'supporting documents'fortthe pub- ' lic.pearings.:ar.e on;fle in-"4he City;Clerks:Qf--' fice'and.`ma'y beviewed `during"no�mal'working h"ours Ji�r 'Any visual`- or hear- ing=impairetl, -pe�sons needing 5pecial assis- tance or persons.with special� ',accessi6ifity. needs `should°�contaet - the'City Cler.ks Office af.:;<(563)::�'589-4700' or i� TTY 563)�>,690-6678`�at � least 48 hours prior%to the.meeting.z. i =Dated fhis=lOth day"of ' August,20Y8:_ t � ' T �y Kevin S:Firnstahf;�- � "=CITY OF DUBUQUE;" CMC,City Clerk ` IOVIIA �",�, .'RESOCUTION � ~OFF,ICIiAL NOYICE �'- N0.233 18 y, � ' PUBGC' NOTICE-:;is 'R�OLUTION OF IN= � TENT TOi:� VACATE hereby�given ,tliat"'.fhe' �TME .30,,,WIDE.�AI:LEY City Couneil of the'Gj�y pDJACENT T0:LOTS t `of Dubuque lowa w�(I 14'�,AND 15' IN D`N: 'hold a public.hearing COOLEYS:,,,;SUBDIVi� � on the20th day of Au- SION,IN THE CITY OF —gust 201'8'at 6 00 p,m. DUBUQUE,'IOWA, TO in the;Hisfonc•�'Federal* gE,;sKNOWN: AS.,.LOi p Bwldmg,'350 Wesf:;6th 15A� OF .,D:N' CQO.= -Street, seeond floor, LEY S o;SUBDiVISION;` � Drabuque �IowaN at IN, T.HE, .,CITY� OF. r ,which meeting,the'City. DUBUQUE,IOWA ,.Gourtcrl°p'roposes to va , `1Nhereas,..fhe City�o,f 'cate an mteresk�n�fhe; Du6uque Housing ':De- fo�lowing 'u described partment has.request- ;real�rproperty t�o +the� ed-the vacafing of.,the City of'Dubuque H`ous�'� l0,footwidealleyadja- 'ing DeparEment ` ` cent to,Lo,ts�14 and 15 10=foot wide aliey ad- in D.N. Cooley's Subdi- jacentto L'ots 14 and 15, vision in t6e City of , in D N Cooley's Subdi- Dubuque dowa,and vision m',the City'i'of Whereas,�:the City of Dubuque,'Iowa,anct as- D;ubuque -Engmeering E signed a f�`lot��nymber D`epartment"has''."pre- thereto ,which here- pared and:submitted to i inaiter'shall be known` the City�:Council a:plat and desc�ibed as Sot showing�::the,�proposed 15A of D.N.. Cooley's vacated '10-foot-wide Subdivision iri the City al,ley�adjaeent to Cots ' 'of Du6uque;�lowa.r(Io- 1.4"and 15�in:.D.f�:,Coo-, cally�.known �as adja- ley's Subdivision,irrfhe cent. to''�396�'-1Nest City.of.Dubuque, lo;wa Locust5treet) and�assigned":ra�,: lot At the meeting;-:'the number>thereto„which City Council will `re- her.einafter�shall,,,be�-; csiue,o'ral'.and writEen known and?'described,'�; comments<:frorri any as;Lot 15k'of D N Coo,-'.: resident :or property I"ey's?Subdivisi.on;in the:; owner of;;said City,:'to City of"Dutiu'que,lowa:i=,.,�_ -the above action Writ- , NOW THEREEORE„BE=, ten comments regard IT`•RESOLUED BY�THE ing the $boYe public CITY COUNC.IC�OF THE; 'tiear�ng.;may be;sub- . C�-,TY �'DUBUQUE;,: _ ' `-��. _ __ IQ1NA r p 1 ; Section•1;�That tiie:". ,City :of,Dubuque in=.. tends to vacate Lot 15A':'. of',D N Cool'eys Subdi� ' vision in tFie City of D.ubu ue lowa `� " �� Section 2.That a pub- iic hearing;..o.n;;the in- tent to vacate Lot 15A ' of;:Sanford;Subdivision in:the.Ci,ty of Dubu;que,. lo,wa is hereby set'foi' tFie 20th day;of Augus"t; af"fhe Hisfo,ric"Federal � Building;.350,VJ.'6th `. Street, Dubuque, lowa, begmning at,6:00 p.m., and the City�kClerk 6e, and� is herehy au,tho- rized and�"tli�ecYed to cause a notice of public hearmg on'$he�ntentto vae'ate s'�fd're'al estate °tos�e�,pt�b�Vis�'➢{�n,}the manner as r;preser•bbed �by�law. �'��" Passed;approved and adopted#his'6th tlay'of August;2018 • ` Roy D.'Buol�Mayor Attest. 'Keuin S.'Firn- 54ah1,CMC,'City'Clerk lt8/10 i � ,