Petition to Vacate a Portion of Van Buren Street at Isborn AvenueMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Petition to Vacate a Portion of Van Buren Street at Isborn Avenue
DATE: August 31, 2010
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
M Z 7 ,22.----------
ae l C. Van Milligen
Dubuque
kittil
All- AmedcaCity
'
2007
In response to a request from David and Bambi Roth to vacate a portion of Van Buren
Street east of Isborn Avenue, City Engineer Gus Psihoyos states that the City has no
plans for the utilization of the Van Buren Street right -of -way on the plat proposed to be
vacated, except for reserving easements for sanitary sewer. City Engineer Gus
Psihoyos recommends approval of the request to vacate for a purchase price of $300,
to cover the cost of processing, plus publication and filing fees, and recommends that a
public hearing be set for September 20, 2010, on the disposal of this property.
concur with the recommendation and respectfully request Mayor and City Council
approval.
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Petition to Vacate a Portion of Van Buren Street at Isborn Avenue
DATE: August 27, 2010
INTRODUCTION
DISCUSSION
RECOMMENDATION
Dubuque
kititti
au- Anedcacnr
1111 r
2007
A request has been received from David and Bambi Roth for the vacating of a portion of
Van Buren Street east of Isborn Avenue in the City of Dubuque, Dubuque County, Iowa.
Lenox Addition was originally platted in 1910. A portion of Van Buren Street (formerly
Lenox Avenue) was shifted northerly in 1949 and additional right -of -way was purchased
from lots on the north side of the street near Hickson and Isborn Avenues. The excess
right -of -way on the south side of the relocated street had never been vacated until 2002
when a portion west of Isborn abutting Lot 1 of 119 of Lenox Addition was vacated. The
requested vacating lies east of Isborn Avenue and south of the reconstructed Van
Buren Street.
The City has no plans for the utilization of Van Buren Street right -of -way on the plat
proposed to be vacated, except to reserve easements for sanitary sewer. David H. Roth
and Bambi L. Roth have agreed to pay for surveying and platting, publication and filing
fees.
I recommend that the area indicated Lot 97A of Lenox Addition in the City of Dubuque,
Iowa, as shown on the attached plat be vacated, and that the fee be established at
$300.00 to cover the cost of processing, plus publication, and filing fees.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and a public hearing
should be set on the vacating and disposal of Lot 97A of Lenox Addition in the City of
Dubuque, Iowa, through the adoption of the enclosed resolution.
Prepared by Ronald J. Turner, PLS
cc: Barry Lindahl, City Attorney
Ron Turner, PLS
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563) 589 -4270
Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270
RESOLUTION NO. 345-10
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT 97A OF
LENOX ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, David H. Roth and Bambi L. Roth have requested the vacating and disposal of
a portion of Van Buren Street east of Isborn Avenue; and
Whereas, Buesing & Associates has prepared and submitted to the City Council a plat
showing the vacated portion of Van Buren Street east of Isborn Avenue and assigned lot
number thereto, which hereinafter shall be known and described as Lot 97A of Lenox Addition 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 vacate and dispose of its interest in
Lot 97A of Lenox Addition in the City of Dubuque, Dubuque County, Iowa.
Section 2. That the conveyance of Lot 97A of Lenox Addition in the City of Dubuque,
Dubuque County, Iowa, to David H. Roth and Bambi L. Roth be contingent upon the payment of
$300.00 plus platting, publication, and filing fees.
Section 3. That the City Clerk be and is hereby authorized and directed to cause a
notice of intent to vacate and dispose of said real estate to be published in the manner as
prescribed by law.
Passed, approved and adopted this 7th day of September , 2010.
Atte t:
eanne F. Schneider, CMC, City Clerk
Roy D. Buol, Mayor
THE CITY OF
DUB
Masterpiece on the Mississippi
DISCLAIMER: Ih,s information was compileo
sing the Dubuque Area Geographic information System
( DAGIS), which includes data created by both the City of
Dubuque and Dubuque County. It Is understood that, while
the City of Dubuque and participating agencies utilized the
most current and accurate information available, DAGIS and
its suppliers do not warrant the accuracy or currency of the
information or data contained herein. The City and participating
agencies shall not be held liable for any direct, indirect, incidental,
consequential, punitive, or special damages, whether foreseeable or
unforeseeable, arising out of the authorized or unauthorized use of
this data or the inability to use this data or out of any breach of
warranty whatsoever.
200
Vicinity Map
Van Buren St. Vacate @ Isborn Ave.
(Roth Propertit )
Dubuque
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sz Mena CO
11 11 1
,Ilit-
1 inch = 200 feet
100 0
200 Feet
WE
Map Prepared by. TWK
City of Dubuque
Engineering Division
50 West 13th Street
Dubuque, Iowa 52001
Phone: (563) 589-4270
Fax: (563) 589-4205
H: \Engineering \Maps for Staff
\Ron Turner \Vicinity Maps
PREPARED BY: BUESING & ASSOCIATES ADDRESS: 1212 LOCUST STREET, DUBUQUE, IOWA PHONE: (563) 556 -4389
Plat of Survey : for Right of Way Vacation, described as LOT 97A OF LENOX
ADDITION, AS COMPRISED OF A VACATED PORTION OF VAN BUREN STREET
(formerly Lexon Avenue) RIGHT OF WAY
in the City of Dubuque, lowo
EXISTING SAN SEWER
MANHOLE
ywn (.136.6
• 89'41'51 E
• ',. 25.85'
/ti . LOT 97A 10' UTILTY
°' = AREA = 3028 S0 FT EASEMENT
— OHT —OHT- 0147— OHT -0HT OHT OHT —OHT
A. SAN
VAN
BURL-A,
f q � N 60 ROwJ
NOTES
1 ALL MEASUREMENTS ARE IN FEET ANO DECIMALS THEREOF
2 PROPRIETOR. CITY OF DUBUOUE
3 SURVEYED REOUEST00 BY- DAVE ROTH
4 TOTAL AREA OF LOT 97A 0 3.028 SO FT.
5. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD
AND NOT OF RECORD
14.5' BOC TO '-' ' NEW ROW LINE
PROPERTY LINE _,- EXISTING SAN SEWER
20 0' =_ -_ - _ MANHOLE
1.0 71 1-0T \J��
LEGEND
• FOUND 1 0" IRON PIPE
• JM T
S9: 2'30
.79'(100' P 0 B 057')
P
P
NOTE
iH15 SURVEY I$ LOCATED IN THE NE1/4 OF
SECTION 27. T89N. R2E (0U800VE TwP) OF
THE 5TH P.M. IN THE CITY OF DU8000E,
O0B000E COUNTY. IOWA
LOT 96
FOUND 5/8" R00 w /RED
PLASTIC CAP N 12631
O PLACED 5/6 " IRON REROD W /ORANGE
PLASTIC CAP MARKED "KOELKER 15487"
SURVEYED BOUNDARY LINE
PROPERTY LINE
CENTER LINE
— OHU —OHU— EXISITING OVERHEAD UTILITY LINES
— OHT — DHT — EXISTING OVERHEAD TELEPHONE LINES
—SAN —SAN — EXISTING SANITARY SEWER LINE
ROW RIGHT OF WAY
( ) RECORD DIMENSION
BOC HACK OF CURB
14.5' BOC TO CURB & CVf ER = =-
PROPS TY LINE
1 0.(ro c 0
ROW
0 15 30 60
SCALE IN
COT 1 OF LENox PLAOE
CURVE DATA: C -1
DELTA — 1217'37"
ARC — 89.40'
CHORD — 89.23'
RADIUS — 416.65'
TANGENT — 44.87'
CHORD BEARING — S75'51'S1 "E
CURVE DATA: C -2
DELTA — 4'28'19"
ARC — 32.52'
CHORD — 32.51'
RADIUS — 416.65'
TANGENT — 16.27'
CHORD BEARING — 571'57'11 "E
FEET
S 8'07'35" W
17.90'
N 82129'21-
2'29 21" E.
3T655(66 0 )
1
12
0 011 1881 18/0, � •
TERRY '4.k
00ELKER
15487 •
"• " "7 NIUIII G IIIVII N IIII W � O\"`\\
I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS
PREPARED ANO THE RELATED SURVEY WORK WAS PERFORMED BY ME OR
UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY
,-EV00 ED"LAND SU " NDER THE LAWS OF TH STATE IOWA.
RRY L. `R 4 BDA /n
UCENSE 3UMBER 15487
MY LICENSE RENEWAL DATE IS DECEMBER 31, 2011
SHEETS COVERED BY THIS SEAL : SHEET 1 & 2
� UESI I N N G
ENGINEERS AND SURVEYORS
1212 LOCUST ST. 068006E N
(563) 556 -4389
DRAWN 8Y: JJL CHECKED 8Y: TLK
SURVEY DATE: 8/19/10 PLOT DATE: 8/25/10
DWG. NO. 10174 -01 SCALE: 1" = 30'
SHEET 1 OF 4
Honorable Mayor and City Council
50 West 13th Street
Dubuque, IA 52001 -4845
RE: Vacate City Property
Dear Mayor and Council Members:
This letter is writtin to inquire about the possibility of purchasing a portion of a city right
away abutting my property at 2782 Van Buren. We plan to use the vacated property for
enlarged front porch.
We have contacted the City Engineering Department and they have indicated a favorable
condition for the vacating but may need easements reserved for utilities. We understand
that the vacated area would need to be surveyed and platted at our expense and a fee
paid for the parcel, plus publication and filing fees. Please contact me at work
608 - 568 -7528 Home 563- 583 -2955.
Thank you for your consideration of this request.
David H Roth
563 -543 -7048
August, 19 2010
Sincerely,
Bambi L Roth
563 -543 -2955