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Vacate alley St. Celia ArensdorfMEMORANDUM November 10, 2003 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Vacating Petition - A Portion of the Alley North of Hillcrest Road and West of St. Celia Street A request has been received from Damian F. Arensdorf to vacate a portion of the alley north of Hillcrest Road and west of St. Celia Street behind his residence at 2117 St. Celia Street. Public Works Director Mike Koch states that the City has no plans for the utilization of that portion of the alley, except for reserving the utility easements as noted, and recommends approval of the request to vacate for a purchase pdce of $1.00, plus the cost of surveying, platting, publication and filing fees. It is further recommended that a public headng be set for December 1,2003. 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 MEMORANDUM November 10, 2003 TO: FROM: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director SUBJECT: Vacating Petition - A Portion of The Alley North of Hillcrest Road and West of St. Celia Street INTRODUCTION This is in response to a request from Damian F. Arensdorf for the vacating of a portion of the alley north of Hillcrest Road and west of St. Celia Street behind his residence at 2117 St. Celia Street. DISCUSSION The attached plat shows the area proposed to be vacated. The area to be vacated is divided into one lot numbered Lot lA of Block 1 in Sunset Park Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa. This area was previously platted into a 25-foot wide alley. Additional property was purchased off of an adjacent lot to round off the corner of the alley intersection. This created a triangular-shaped area that was not needed for the traveled way of the alley. The southern portion of this triangular-shaped area was vacated over 10 years ago. Perpetual easement rights will be reserved on the lot for maintenance of the existing storm sewer and other utilities. 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 the portion of the alley north of Hillcrest Road and west of St. Celia Street to be vacated, except for reserving the utility easements as noted. I would recommend that the area indicated by Lot lA of Block 1 in Sunset Park Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa, 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 December 1, 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 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. September 25, 2003 Honorable Mayor and City Council 50 West 13th Street Dubuque, Iowa 52001-4845 Dear Mayor and Council Members: This letter is written to inquire about the possibility of purchasing a portion of a city street/alley abutting my property at 2117 Saint Celia Street. We plan to use the vacated portion for a garage and driveway. We have contacted the Engineering Department and they have indicated a favorable condition for the vacated area 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 call me at (563) 690-0227 if you have questions. Thank you for your consideration of this request. Sincerely, Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. 458-03 RESOLUTION APPROVING PLAT OF PROPOSED VACATED PART OF THE EXISTING ALLEY IN BLOCK I OF SUNSET PARK SUBDIVISION NO. 3 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 4th day of November, 2003, prepared by William Burger, Land Surveyor, describing the proposed vacated portion of the existing alley in Block I of Sunset Park Subdivision No. 3 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 4m day of November. 2003, prepared by William Burger, Land Surveyor, 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, t.v., cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey of Lot lA of Block I in Sunset Park Subdivision No. 3 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. Passed, approved and adopted this Attest: Jeanne F. Schneider, CMC; City Clerk 7th day of November ~2003. Terrance M. Duggan, Mayor VICINITY MAP ARENSDORF ALLEY VACATE GRAPHIC SCALE 160 0 80 160 320 .,~f~ II ~l'h'~ NORTH I " 'X / ,, / " | , I I | I I PREPARED BY BILL BURGER 510 3RD STREET ~ST COURT, ~IORTHINGTON, ~OWA 52078 (56J) 865 2025 PLAT OF LOT lA BLOCK I SUNSET PARK SUB. ~3 PAR7 OF 7H£ EXISTING ALLEY ~U~VEY IN BLOCK I OF SUNSET PARK NO. J IN ~E CIW OF DUBUOUE, IOWA FINAL PLAT ~GEND tOT 8 ~5/~ m. 5/8" IRON ROD W/ NO CAP -- ~ C~RUNE EXIS~NG S~ITARY SE~R ~ ~ ~ LOT ~O ~ HILLCREST ROAD ~:~. ~ ~m. Bur~er Prepared by: Ronald J. Turner, Cit7 of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (568) 589-4270 ORDINANCE NO. 84-03 ORDINANCE VACATING A PART OF THE EXISTING ALLEY IN BLOCK 1 OF SUNSET PARK SUBDIVISION NO. 3 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Damian F. Arensdorf has requested the vacating of a part of the existing alley in Block 1 of Sunset Park Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa; and Whereas, William Burger, Land Surveyor, has prepared and submitted to the City Council a plat showing the vacated portion of the existing alley in Block 1 of Sunset Park Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa and assigned lot numbers thereto, which hereinafter shall be known and described as Lot lA of Block 1 in Sunset Park Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that a part of the existing alley in Block 1 of Sunset Park Subdivision No. 3 in the City of Dubuque, Iowa is no longer required for public use, except for utility easements as noted, and vacating of said portion of the existing alley in Block I of Sunset Park Subdivision No. 3 known as Lot lA of Block 1 in Sunset Park Subdivision No. 3, 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 Block I in Sunset Park Subdivision No. 3, in the City of Dubuque, Dubuque County, Iowa, be and the same ~s 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, 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 Block I in Sunset Park Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa. Passed, approved and adopted this 17th day of November,2003. Terrance M. Duggan, Mayor Attest: Jeanne F Schneider, City Clerk Prepared by: Ronald J. Turner, City of Dubuque, 50 W. t3"" Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 459-03 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT lA OF BLOCK 1 IN SUNSET PARK SUBDIVISION NO. 3 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, the Damian F. Arensdorf has requested the vacating of a part of the existing alley in Block I of Sunset Park Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa; and Whereas, William Burger, Land Surveyor, has prepared and submitted to the City Council a plat showing the vacated portion of the existing alley in Block 1 of Sunset Park Subdivision No. 3 in the City of Dubuque, Dubuque County, iowa and assigned lot numbers thereto, which hereinafter shall be known and described as Lot lA of Block 1 in Sunset Park Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this part of the existing alley in Block 1 of Sunset Park Subdivision No. 3 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 Lot lA of Block 1 in Sunset Park Subdivision No. 3 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 Lot lA of Block 1 in Sunset Park Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa. Section 2. That the conveyance of Lot lA of Block 1 in Sunset Park Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa, to the Damian F. Arensdorf be contingent upon the payment of $1.00 plus the cost of surveying, platting, and 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 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 Block 1 in Sunset Park Subdivision No. 3 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 17th day of November, 2003. Attest: Jeanne F. Schneider, CMC, City Clerk Terrance M. Duggan, Mayor Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589~,270 RESOLUTION NO. RESOLUTION DISPOSING OF CITY INTEREST IN LOT lA OF BLOCK 1 IN SUNSET PARK SUBDIVISION NO. 3 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: Lot lA of Block 1 in Sunset Park Subdivision No. 3 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 lA of Block 1 in Sunset Park Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa, to Damian F. Arensdorf be and the same is hereby approved for the sum of $1.00, plus cost of surveying, platting, and 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, 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 Block 1 in Sunset Park Subdivision No. 3 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 Damian F. Arensdorf 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