South Way - Asbury Vacate PfohlMEMORANDUM
September 30, 2003
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Vacating Petition - South Way at Asbury Road
In response to a request from Clarence P. Pfohl to vacate a portion of South Way at
Asbury Road, Public Works Director Mike Koch states that the City has no plans for the
utilization of that portion of South Way, except for reserving the utility easements as
noted. Public Works Director Mike Koch recommends approval of the request to
vacate, and that the purchase price be established at $1.00, plus the cost of surveying,
platting, publication and filing fees.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
September 29, 2003
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director
Vacating Petition - South Way at Asbury Road
A request has been received from Clarence P. Pfohl for the vacating of a portion of
South Way at Asbury Road.
South Way was realigned to accommodate better visibility with the intersection of Asbury
Road when Westchester Subdivision was being constructed. This realignment shifted
the road easterly at its northern terminus creating excess right-of-way. This excess
right-of-way is the area being platted and vacated at this time with reservations for public
utilities over the entire lot. The abutting property is owned by Clarence P. PfohL
Acquisition of right-of-way from DuTrac Community Credit Union to establish the
required 50-foot width is in process.
The area to be vacated is divided into one lot numbered Lot lA of part of South Way in
Block 10 in Westchester Subdivision in the City of Dubuque.
I recommend that the public hearing be held on the disposition of the area indicated by
Lot lA of part of South Way in Block 10 in Westchester Subdivision in the City of
Dubuque. I would further recommend that the purchase price be established at $1.00,
plus the cost of surveying, platting, and publication and filing fees.
MAK/vjd
cc: Ronald J. Turner, PLS
MEMORANDUM
September 9, 2003
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Vacating Petition - South Way at Asbury Road
In response to a request from Ctarence P. Pfohl to vacate a portion of South Way at
Asbury Road, Public Works Director Mike Koch states that the City has no plans for the
utilization of that portion of South Way, except for reserving the utility easements as
noted. Public Works Director Mike Koch recommends approval of the request to
vacate, that the purchase price be established at $1.00, plus the cost of surveying,
platting, publication and filing fees, and that a public hearing be set for October 6, 2003.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
September 8, 2003
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director
Vacating Petition - South Way at Asbury Road
INTRODUCTION
This ~s in response to a request from Clarence P. Pfohl for the vacating of a portion of
South Way at Asbury Road.
DISCUSSION
The attached plat shows the proposed area to be vacated. The abutting property is
owned by Clarence P. Pfohl. South Way was realigned to accommodate better visibility
with the intersection of Asbury Road when Westchester Subdivision was being
constructed. This realignment shifted the road easterly at its northern terminus creating
excess right-of-way. This excess right-of-way is the area being platted and vacated at
this time with reservations for public utilities over the entire lot. Acquisition of right-of-
way from DuTrac Community Credit Union to establish the required 50-foot width is ~n
process.
The area to be vacated is divided into one lot numbered Lot lA of part of South Way ~n
Block 10 in Westchester Subdivision in the City of Dubuque.
The property has been valued at $1.00, plus the cost of surveying, platting, and
publication and filing fees.
RECOMMENDATION
The City has no plans for the utilization of this portion of South Way to be vacated.
except for utility easements as noted.
i would recommend that the area indicated by Lot lA of part of South Way in Block I0 in
Westchester Subdivision in the City of Dubuque as shown 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 October 6, 2003. I would further recommend that the purchase price be
established at $1.00, plus the cost of surveying, platting, and publication and filing fees.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and a ;)ublic hearing
should be scheduled on the disposal of the property through adoption of the enclosed
resolutions and ordinance.
Prepared by Ronald J. Turner. PLS
VICINITY MAP
ASBURY ROAD AND SOUTH WAY
NORTH
GRAPHIC SCALE
200 0 100 200 400
7?,/
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AREA TO BP: VACATED
1 INCH = 200'
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May7,2003
Dubuque City Council
CiryHall
Dubuque, IA52001
Dear Mayor & Members of the Dubuque City Council:
Since June 29, 1993, [ have owned and resided in my residence ar 3501 Asbury l~d,
Dubuque, Iowa, 52002~ My lot is located at the southwest comer of the intersection of Asbury Road
and South Way and is legally described as:
Lott of Lot 1 of Block 10 of Westchester in the City of Dubuque, Iowa, according
to the recorded plat thereof, subject to easements of record
Recently Alliant Energy began ro consu'uct a High Voltage Switch Box in the northeast
comer of what I thought was part of my lot. In checking into this I discovered the following:
At some point in time after 8/8/1988, when the original plat was filed (copy
attached), South Way was moved easterly a short distance to intersect with Asbury
Road (see aerial photo attached).
This created a triangular area between my lot and the westerly edge of the right of
way for South Way (triangular area shaded in yellow on the aerial photo).
I have always considered said triangular area to be a pan of my residential lot and have maintained
it over the years by cutting grass, snow shoveling, etc. It is my desire to acquire it from the City of
Dubuque.
Please refer this matter to the appropriate City Depmtments and staff for processing and the
ultimate setting of a public hearing for the conveyance of the said triangular area to me. I understand
and agree the conveyance would be subject to an easement in favor of Alliant to maintain its Switch
Box. My son, Donald Pfohl, will be assisting me in this matter.
Respectfully submitted,
Donald Pfohl
1895 Bennett Street
Dubuque. IA 52001
Phone: 583-2341
Clargn-ce P. Pfohl
3501 Asbury Road
Dubuque, IA 52002
Phone: 556-5768
Prepared by: Ronald J. Turner. City. of Dubuque, 50 W. 13th Street. Dubuque, Iowa (563) 589-4270
RESOLUTION NO.
RESOLUTION APPROVING PLAT OF A PROPOSED PORTION OF
SOUTH WAY AT ASBURY ROAD
Whereas, there has been presented to the City Counoil of the City of
Dubuque, Iowa, a plat dated the 13th day of August, 2003 prepared by Schneider
Land Surveying & Planning, Inc. describing the proposed vacated portion of
South Way at Asbury Road; 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 I That the plat dated the 13th day of August, 2003 prepared by
Schneider Land Surveying & Planning, 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. 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.
Passed, approved and adopted this
2003.
day of
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
PLAT OF SURVEY
LOT ~A OF PART OF SOUTH WAY ZN
BLOCK ~0 OF NESTCHESTER,
~CITY OF DUBUQUE, DUBUBUE COUNTY. IOWA.
LOT ~5. gLDCK [.
/
6RAPHIC SCALE
:'-~D'
SCHNEIDER
Pl~nn~.ng, Inc.
ORDINANCE NO.
ORDINANCE VACATING A PORTION OF SOUTH WAY AT ASBURY ROAD
Whereas, Clarence P. Pfohl has requested the vacating of a portion of South Way at
Asbury Road; and
Whereas, Schneider Land Surveying & Planning, Inc. has prepared and submitted
to the City Council a plat showing the vacated portion of South Way at Asbury Road and
assigned a lot number thereto, which hereinafter shall be known and described as Lot lA
of part of South Way in Block 10 in Westchester Subdivision in the City of Dubuque,
Dubuque County, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has determined that the a
portion of South Way at Asbury is no longer required for public use and vacating of said
street known as Lot lA of part of South Way in Block 10 in Westchester Subdivision 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 Lot lA of part of South Way in Block
10 in Westchester Subdivision in the City of Dubuque, Iowa, be and the same is hereby
vacated.
Passed. approved and adopted this
day of ,2003.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider. CMC, City Clerk
RESOLUTION NO.
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT
lA OF PART OF SOUTH WAY IN BLOCK 10 IN WESTCHESTER
SUBDIVISION IN THE CITY OF DUBUQUE, IOWA
Whereas, Clarence P. Pfohl has requested the vacating of a portion of
South Way at Asbury Road in the City of Dubuque, Iowa; and
Whereas, Schneider Land Surveying & Planning, Inc. has prepared and
submitted to the City Council ~ plat showing a portion of South Way at Asbury
Road and assigned lot number thereto, which hereinafter shall be known and
described as Lot lA of part of South Way in Block 10 in Westchester Subdivision
in the City of Dubuque, Iowa; and
Whereas, the City Council of the City of Dubuque. Iowa has determined
that this portion of South Way at Asbury Road is no longer required for public
use. except for utility easements as noted, and vacating and sale of said portion
of South Way known as Lot lA of Dart of South Way in Block 10 in Westchester
Subdivision in the City of Dubuque, Dubuque County, owa 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
Lot lA of part of South Way in Block 10 in Westchester Subdivision in the City of
Dubuque, Iowa.
Section 2. That the conveyance of Lot lA of part of South Way in Block
10 in Westchester Subdivision in the City of Dubuque Iowa to Clarence P. Pfohl
be contingent upon the payment of $1.00, plus surveying, platting, publication
and filing fees.
Section 3. The City reserves unto itself a perpetua] 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 lA of part of South Way in Block 10 in Westchester Subdivision.
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
day of ., 2003.
Attest:
Terrance M. Duggan, Mayor
Jeanne F. Schneider, CMC, City Clerk
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO. 376-03
RESOLUTION DISPOSING OF CITY INTEREST IN LOT IA OF PART OF
SOUTH WAY IN BLOCK 10 IN WESTCHESTER SUBDIVISION IN THE CITY OF
DUBUQUE, IOWA
VVhereas, pursuant to resolution and published notice of time and place of
headng, published in the Telegraph Herald, a newspaper of general circulation published
in the City of Dubuque, Iowa on this 'lgt. hday of September , 2003, the City Council of
the City of Dubuque, iowa met on the 6~:h day of October ,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:
Lot lA of Part of South Way in Block 10 in Westchester Subdivision in the City of
Dubuque, 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 lA
of Part of South Way in Block 10 in Westchester Subdivision in the City of Dubuque,
Iowa to Clarence P. Pfohl be and the same is hereby approved for the sum of $1.00 plus
costs of surveying, platting, publication and filing fees. Conveyance shall be by Quit
Claim Deed.
Section 2. 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 Clarence P. Pfohl upon receipt of the purchase price in full.
Section 3. The City 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 lA of part of South Way
in Block 10 in Westchester Subdivision.
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 6th day of October, 2003.
Terrance M. Duggan, Mayor
Jeanne F. Schneider, CMC, City Clerk
Prepared by: Rona(d J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, iowa (563) 589*4270
Address Tax Statement: Clarence P. PfobI, 3501 Asbur¢ Road, Dubuque, IA 52002
QUIT CLAIM DEED
The City of Dubuque, iowa, a municipal corporation of Dubuque County, iowa, for One and
00/100 Dollar ($1.00) and other good and valuable consideration, does hereby Quit Claim
unto:
Clarence P. Pfohl
3501 Asbury Road
Dubuque, IA 52002
all its rights, title, and interest in the following described real estate situated in Dubuque
County, iowa, to-wit:
Lot lA of Part of South Way in Block 10 in Westchester Subdivision in the City of
Dubuque, Dubuque County, Iowa
The City 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, over all of
Lot lA of part of South Way in Block 10 in Westchester Subdivision.
No declaration of value is required according to iowa Code Section 428A.1.
Deeds with a consideration of 9500.00 or less are exempt from transfer tax. Iowa Code
Sec. 428A.1.
This deed is given pursuan to the authority of Resolution No~'~''~-~ of the City of
Dubuque, adopted ~u~ ,2003. the terms and conditions thereof, if any, having
been fulfilled. /
Signed this 6th day of October, 2003.
CITY OF DUBUQUE, IOWA
By: Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
STATE OF iOWA )
) ss
DUBUQUE COUNTY )
On this~/~ day of ~';~/¢/~_, 2003, before me, the undersigned~ a Notary
Public in and for the State of Iowa~ personally appeared Terrance M. Duggan and Jeanne F.
Schneider, to me personally known, who being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a municipal corporation;
that the sea~ affixed to the foregoing instrument is the corporate seal of said corporation, by
the authorit of its Cit Council as contained in Ordnance No. 2-5 of the City of muhuoue
/s/ Karen M. Chesterman
Notary Public in and For Said State
L i ,, ...... l
REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT
Please read the filing instructions on the reverse side BEFORE completing this form.
PART I - TO BE COMPLETED BY TRANSFEROR
(Please Type or Print Legibly)
TRANSFEROR Name City of ~uquo
Address ~0 W. 13~Ch ST.~ Dubuque, IA 52001~
TRANSFEREE Name Clarence P. PFohl
Address 350i Asb~l ~ad Dubuqu~ IA 52002
Zip
Legal Description of Property Lot lA of part of South Way in Block iO in Westchester Subdivision in the
City of Dubuque Dubuque CoLrd;y, Iowa
1. Wells (check one) ~I There are no known wells situated on this properly.
13 There is a well or wells situated on tl~s propemy. Thc type(s), location(s) and legal status are stated below.
2. Solid Waste Disposal (check one) 1~ There is no known solid waste d~posal site on this properly.
13 There is a solid waste disposal site on tiffs property, but no notice has been received from the Department of Natural Resources flint the
situ is deemed to be potentially hazardous.
[] There is a solid waste disposal situ on this property which has been deemed to be potentially hazardous by the Departm*nt of Nalural
Resources. The location(s) of the site(s) is stated below.
3. Hazardous Wastes (check one) ~ There is no known hazardous waste on this property.
13 There is hazardous waste on this property and it is being managed in accordance with Departraent of Natural Resources roles.
4. Underground Storage Tanks (cheek one)
~1 There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks,
most heating oil tanks, eisten~ and septic tanks, in instructions.)
t3 There is aa underground storage tank or tanks on this property. The type(s), size(s) and any known substance(s) contained are described
below.
5. Private Burial Site (cheek one) [] There are no known private burial situs on this properS.
13 There is a private burial site on this property. The location(s) of the site(s) is stated below. 3?ne known identifying information of the
decedent is stated below.
Information, if any, requked by statements checked above:
Attachment for Additional Information? Y/~) If so, nttmber of pages
I ItEREBY DECLARE THAT TI~tE INFORMATION CONTAINED IN PART 1 OF TItlS STATEMENT IS TRUE AND CORRECT
ichael A. Koch, Public hbrks Director
Date of Instrument Book/I.D. Page/I.D.
Date of Recording City or Township
Deed [] Contract [3 County
DNR form (July 99) FILE VOTtt RlgCORDER
(See Instruction #6)