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Centre Grove vacate ZalaznikMEMORANDUM May 14, 2003 TO:The Honorable Mayor and City Council Members FROM:Michael C. Van Milligen, City Manager SUBJECT:Vacating Petition - Railroad Street in Centre Grove Addition A request has been received from Flint Drake, representing the estate of Edward J. Zalaznik, to vacate Railroad Street in Centre Grove Addition. A petition to vacate Railroad Street was recorded on June 13, 1882, and signed by the property owners. This area of Railroad Street has been considered vacated for many years. However, no record has been found of the actual approval of the vacating or transfer of title of the proposed vacated area. This action will clarity the vacating issue and remove the City of Dubuque from any title issue that may exist in association with the Zalaznik Trust. Public Works Director Mike Koch states that the City has no plans for the utilization of Railroad Street in Centre Grove Addition, except for reserving the utility easements as noted, recommends approval of the request to vacate for a purchase pdce to be established at the cost of platting, publication and filing fees, and that a public hearing be set for June 2, 2003. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Mllllgen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Michael A. Koch, Public Works Director CITY OF DUBUQUE, IOWA MEMORANDUM May 12, 2003 TO:Michael C. Van Milligen, City Manager FROM: Michael A. Koch, Public Works Director SUBJECT: Vacating Petition - Railroad Street in Centre Grove Addition INTRODUCTION This is in response to a request from Flint Drake, representing the estate of Edward J. Zalaznik, for the vacating of Railroad Street in Centre Grove Addition. DISCUSSION The attached plat shows the proposed area of Railroad Street in Centre Grove Addition to be vacated. The abutting properties are owned by the Edward J. Zalaznik Trust and the Chicago Central & Pacific Railroad. This area was platted in 1857 and recorded in Book S, Page 60. A petition to vacate Railroad Street was recorded on June 13, 1882, and signed by the property owners. This area of Railroad Street has been considered vacated for many years. However, no record has been found of the actual approval of the vacating or transfer of title of the proposed vacate area. The following ordinance and resolutions will clarify the vacating issue and remove the City of Dubuque from any title issue that may exist in association with the Zalaznik Trust. The area to be vacated is being divided into two lots numbered Lots 21A and 22A of Centre Grove in the City of Dubuque, Dubuque County, Iowa. Perpetual easement rights will be reserved on the lots for maintenance of the existing sanitary sewer, as shown on the Plat of Survey of Lots 21A and 22A of Centre Grove in the City of Dubuque, Dubuque County, Iowa. RECOMMENDATION The City has no plans for the utilization of Railroad Street in Centre Grove Addition to be vacated, except for reserving the utility easements as noted. I would recommend that the areas indicated by Lots 21A and 22A of Centre Grove on the attached plat be vacated, and that a public hearing be set for the disposition of the City's interest in the subject area on June 2, 2003. I would further recommend that the purchase price be established at the cost of platting, publication, and filing fees. ACTION TO BE TAKEN The recommendation of the City Manager should be approved and a public hearing should be scheduled on the disposal of the property through adoption of the enclosed resolutions and ordinance. MAK/vjd Prepared by Ronald J. Turner, P.L.S. Vicinity Map Railroad Street Zalaznik Brian J. Krone Gary K. Norby Les V. Reddick* D. Flinl Drake** Brad J. Heying Todd L. Stevenson* MaryBcth Pfeiler Fleming Kevin T. Denny KANE, NORBY & REDDICK, P.C. AT'rOKNEYS 2100 ASBURY ROAD, SUITE2 DUBUQUE, IA 52001-3069 Of Coum~l: Louis P. Pfeiler All admitted in Iowa *Also admitted in Illinois "Also admitted in Wisconsin Phone: {563) 582-7980 Facsimile: (563) 582-5312 E-mail: fdrake,~_~kanenorbylaw.com October 1, 2002 Mr. Barry A. Lindahl Corporation Counsel City of Dubuque ' 330 Harbor View Place Dubuque, IA 52001 Re.' Estate of Edward J. Zalaznik 3338 Center Grove Drive Dubuque, IA 52003 Dear. Barry: We represent the Estate of Ed Zalaznik in connection with, among, other things, certain real estate owned by Mr. ZaIaznik in the City of Dubuque. Mr. Zalaznik's home was located at3338 Center Grove Drive for mahy years. A p0ffion of the property Occupied by Mr. Zalaznik and his predecessors was a sliver of property formerly known as "Raikoad Street". Abstract entry 12 for the property reflects of the records of the Dubuque County Recorder filed on June 13, 1882. In that document the owners of the lots adjoining Raikoad Street petitioned that Railroad Street be vacated as it had never been developed. We believe fide to the propertylies with Mr. Zalaznik (who owns alt of the lots as shown on the attached plat) due to the fact that, by operation of law, ownership of the adjoining one-half of Railroad Street would have passed to the adjoining property owners. Further, Iowa case law provides that the City loses its interest in platted but undeveloped streets that are occupied and used by adjoining landowners for many years. Finally, Mr. Zalaznik had fried an Affidavit of Possession in 1999 regarding this property which should protect the estate's tire against claims affecting this parcel predating 1989. Mr. Zalaznik's children are now conaidering selling the real estate. Due to the location of the property (across Center Grove Drive from Olive Garden), it may be sold for commercial development. The realtor, involved in the transacfioq would, prefer to clear up .any potential issues with respect to vacated Railroad Street to ensure a smooth transaction into development. For this reason Mr. Zalaznik's children have asked that we contact you and request that the City officially vacate Railroad Street or quit claim the property (the vacated Railroad Street) to Mr. ZaJaznik's estate. This action will smooth the way for development of the property. KANE, NORBY & REDDICK, P.C. October 1, 2002 Page 2 Please advise as to the City's position regarding this issue and the City's willingness to proceed with the vacation or deeding of the property to Mr. Zalaznik's estate. For your reference we attach a copy of the plat showing the property at issue. We look forward to hearing from you. Thank you. Best regards, KANE, NORBY & KEDDICK, P,C. By D. Flint Drake DFD:meh Enclosure Prepared by: Ronald J. Tumer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. 164-03 RESOLUTION APPROVING PLAT OF PROPOSED VACATED RAILROAD STREET IN CENTRE GROVE Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated May 6, 2003, prepared by IIW Engineers & Surveyors, PC, describing the proposed vacated portion of Railroad Street in Centre Grove; 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 May 6, 2003, prepared by IIW Engineers & Surveyors, PC 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 unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining sanitary sewer lines as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey for Lots 21A and 22A of Centre Grove in the City of Dubuque, Dubuque County, Iowa. 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. 2003. Attest: Passed, approved and adopted this 19th day of May, 2003. Terrance M. Duggan, Mayor Jeanne F. Schneider, CMC, City Clerk OWNER'S CONSENT Dubuque, Iowa May 13, 2003 The foregoing plat of Lot 21A and Lot 22A of Centre Grove in the City of Dubuque, Iowa, is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of such real estate. By: EDWARD J. ZALAZNIK TRUST DATED JUNE 15, 1999 /tfi'i~a/Montgomery PLAT OF SURVEY LOT 21A AND LOT 22A OF CENTRE GROVE IN THE CITY OF DUBUQUE, IOWA DESCRIPTION: THAT PART OF VACATED RAILROAD STREET ADJACENT TO LOTS 2-1.20, 2-1-21, AND LOTS 22 THRU 26 OF CENTRE GROVE IN THE CITY OF DUBUQUE, IOWA ORDINANCE NO. 38-03 ORDINANCE VACATING RAILROAD STREET IN CENTRE GROVE Whereas, Flint Drake, representing the Estate of Edward J. Zalaznik, has requested the vacating of Railroad Street in Centre Grove; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated portion of Railroad Street in Centre Grove and assigned lot numbers thereto, which hereinafter shall be known and described as Lots 21A and 22A of Centre Grove in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that Railroad Street in Centre Grove is no longer required for public use, except for utility easements as noted, and vacating of said portions of Railroad Street in Centre Grove known as Lots 21A and 22A of Centre Grove in the City of Dubuque, Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lots 2 lA and 22A of Centre Grove, in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining sanitary sewer lines as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey of Lots 21A and 22A of Centre Grove in the City of Dubuque, Dubuque County; Iowa. Passed, approved and adopted this 19 th day of May ,2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider,-CMC, City Clerk RESOLUTION NO. 165-03 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOTS 21A AND 22A OF CENTRE GROVE IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Flint Drake, representing the Estate of Edward J. Zalaznik, has requested the vacating of Railroad Street in Centre Grove; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing vacated Railroad Street in Centre Grove and assigned lot numbers thereto, which hereinafter shall be known and described as Lots 21A and 22A of Centre Grove in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this Railroad Street in Centre Grove is no longer required for public use, except for utility easements as noted, and vacating and sale of said portions of alleys and streets known as Lots 21A and 22A of Centre Grove 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 City of Dubuque intends to dispose of its interest in Lots 21A and 22A of Centre Grove in the City of Dubuque, Iowa. Section 2. That the conveyance of Lots 21A and 22A of Centre Grove in the City of Dubuque, Iowa to the Edward J. Zalaznik Trust dated June 15, 1999, be contingent upon the payment of platting, publication and filing fees. Section 3. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining sanitary sewer lines as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey of Lots 21A and 22A of Centre Grove in the City of Dubuque, Dubuque County, Iowa. Section 4. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 19th day of May, 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. RESOLUTION DISPOSING OF CITY INTEREST IN LOTS 21A AND 22A OF CENTRE GROVE IN THE CITY OF DUBUQUE, DUBUQUE 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 __ day of ,2003, the City Council of the City of Dubuque, Iowa met on the day of ,2003, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lots 21A and 22A of Centre Grove 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 Lots 21A and 22A of Centre Grove in the City of Dubuque, Dubuque County, Iowa to the Edward J. Zalaznik Trust dated June 15, 1999, be and the same is hereby approved for the cost of publication, platting and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining sanitary sewer lines as may be authorized by the City of Dubuque, Iowa as shown on the Plat of Survey of Lots 21A and 22A of Centre Grove in the City of Dubuque, Dubuque County, Iowa. Section 3. 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 the Edward J. Zalaznik Trust dated June 15, 1999, upon receipt of the purchase price in full. Section 4. 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 2003. day of , Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, CMC, City Clerk