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