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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 txtal 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