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: September 10, 2010
Dubuque
All-America � r
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 and other utilities. City
Engineer Gus Psihoyos recommends approval of the request to vacate for a purchase
price of $300, to cover the cost of processing, plus the cost of surveying, platting,
publication and filing fees.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
Michael C. Van Milligen
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: September 8, 2010
INTRODUCTION
Dubuque
hittig
A cacny
IIIIIr
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.
BACKGROUND
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.
DISCUSSION
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 and other
utilities. David H. Roth and Bambi L. Roth have agreed to pay for surveying and platting,
publication and filing fees.
RECOMMENDATION
I would recommend the portion of Van Buren Street east of Isborn Avenue in the City of
Dubuque, Dubuque County, Iowa, as shown on the attached plat of Lot 97A of Lenox
Addition, be vacated, and that a public hearing be held for the disposition of the City's
interest in the subject area. I would further recommend that the purchase price be
established at $300.00 to cover the cost of processing plus the cost of surveying,
platting, publication and filing fees.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and a public hearing
should be held 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. 13th Street, Dubuque, IA (563) 589 -4270
Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA (563) 589 -4270
RESOLUTION NO, 375 -10
APPROVING THE PLAT OF PROPOSED VACATED PORTION OF VAN BUREN
STREET EAST OF ISBORN AVENUE
Whereas, there has been presented to the City Council of the City of Dubuque,
Iowa, a plat dated the 23 day of August, 201Q, prepared by Buesing & Associates, Inc.
describing the proposed vacated portion of Van Buren Street east of Isborn Avenue to
be known as Lot 97A of Lenox Addition in the City of Dubuque, Dubuque County, Iowa;
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 the 23 day of August, 2010, prepared by
Buesing & Associates, Inc. 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 water, sewer,
drainage, gas, telephone, television cable, fiber optics and electric lines as may be
authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey of Lot 97A of
Lenox Addition.
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.
Attest:
Passed, approved and adopted this 20 day of September, 2010.
Jeanne F. Schneider, CMC, City Clerk
iv.€
Karla A. Braig, Mayor ro -Tern
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. 376-10
VACATING A PORTION OF VAN BUREN STREET EAST OF ISBORN AVENUE
Whereas, David H. Roth and Bambi L. Roth have requested the vacating of a portion of
Van Buren Street east of Isborn Avenue; and
Whereas, Buesing & Associates, Inc. has prepared and submitted to the City Council a
plat showing the vacated portion of Van Buren Street east of Isborn Avenue and assigned a lot
number thereto, which hereinafter shall be known and described as Lot 97A of Lenox Addition in
the City of Dubuque, Dubuque County, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has determined that Van Buren
Street east of Isborn Avenue shown as Lot 97A of Lenox Addition is no longer required for
public use, except for utility easements as noted on said plat, and vacating of said portion of the
of Van Buren Street east of Isborn Avenue, known 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 real estate described as Lot 97A of Lenox Addition 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 water, sewer, drainage, fiber
optics, gas, telephone, television cable, and electric lines as may be authorized by the City of
Dubuque, Iowa, as shown on the Plat of Survey of Lot 97A of Lenox Addition in the City of
Dubuque, Dubuque County, Iowa.
Attest:
Passed, approved and adopted this 20 day of September 2010.
6
Karla A. Braig, Mayor Pro e
eanne F. Schneider, CMC, City Clerk
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA (563) 589 -4270
Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA (563) 589 -4270
RESOLUTION NO. 377-10
RESOLUTION DISPOSING OF CITY INTEREST IN LOT 97A OF LENOX ADDITION
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 the 10 day of September, 2010, the City
Council of the City of Dubuque, Iowa met on the 20 day of September, 2010, at 6:30
p.m. in the Historic Federal Building Council Chambers, 350 West 6th Street, Dubuque,
Dubuque County, Iowa to consider the proposal for the sale of real estate described as:
Lot 97A of Lenox Addition 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 Lot 97A
of Lenox Addition in the City of Dubuque, Dubuque County, Iowa, to David H. Roth and
Bambi L. Roth be and the same is hereby approved for the sum of $300.00, plus the
cost of platting, publication, 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 water, sewer,
drainage, fiber optics, gas, telephone, television cable, and electric lines as may be
authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey of Lot 97A of
Lenox Addition 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 David H. Roth and Bambi L. Roth 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.
Attest:
Passed, approved and adopted this 20 day of September, 2010.
1
'anne F. Schneider, CMC, City Clerk
Karla A. Braig, ayor Pr • 'em