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