W 32nd St Vacate S SelchertsMEMORANDUM
December 5, 2003
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Vacating Petition - A Portion of West 32nd Street at John F. Kennedy
Road
In response to a request from Steve and Judy Selchert, representing SGT Investments,
L.L.C. for the vacating of a portion of West 32"d Street at John F. Kennedy Road, Public
Works Director Mike Koch states that the City has no plans for the utilization of this
portion of West 32"d Street and John F. Kennedy Road to be vacated, except for
reserving the utility easements as noted, recommends the vacation, and that a public
headng be set for January 5, 2004. It is further recommended that the purchase price
be established at $3,572.50, plus platting, publication and filing fees.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mi I C Van MIIligen ~_
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
MEMORANDUM
December 8, 2003
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director
Vacating Petition - A Portion of West 32nd Street at John F.
Kennedy Road
INTRODUCTION
This is in response to a request from Steve and Judy Selchert, representing SGT
Investments, L.L.C., for the vacating of a portion of West 32nd Street at John F.
Kennedy Road.
DISCUSSION
The attached plat shows the proposed area of West 32nd Street to be vacated.
The abutting properties are owned by the City of Dubuque.
The area to be vacated is divided into one lot numbered Lot lA of Arbor Estates.
This area was purchased for the relocation of West 32'd Street by the Iowa
Department of Transportation and now is considered excess right-of-way.
Perpetual easement rights will be reserved along the easterly side of Lot lA of
Arbor Estates for the maintenance of the existing watermain.
The property has been valued at $2.50 per square foot, for a total of $3,572.50.
RECOMMENDATION
The City has no plans for the utilization of this portion of West 32nd Street at John
F. Kennedy Road to be vacated, except for reserving the utility easements as
noted.
I recommend that the area indicated by Lot lA of Arbor Estates 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 January 5, 2004. I further recommend that the
purchase price be established at $3,572.50, plus platting, publication and filing
fees.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and a public
headng should be scheduled on the disposal of the property through adoption of
the enclosed resolutions and ordinance.
Prepared by Ronald J. Turner, P.L.S.
NORTH
VICINITY MAP
W. 32nd STREET VACATE
(ACE HARDWARE)
500
GRAPHIC SCALE
0 250 500
( IN FEET )
INCH = 500'
1000
BARONY RD
VACATE AREA
&
Honorable Mayor and City Council
50 West 13th Street
Dubuque, Iowa 52001-4845
RE: Vacate City Property
Hardware
i~ental Center
October 20, 2003
Dear Mayor and Council Members:
This letter is written to inquire about the possibility of purchasing a portion
of a city street abutting my property at 3350 JFK Road. We plan to use the
vacated property to even off the corner of the property and erect a
business sign.
We have contacted the 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 call me at {563) 556-8030 if you have questions.
Thank you for your consideration of this request.
Sincerely,
Steve and Judy Selchert
Owners, Steve's Ace Hardware
1670 JFK Road
Dubuque, IA 52002-5106
Ace is .Tile Place
OCT 2 7 2003
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Prepared by: Ronald J. Turner. City of Dubuque. 50 W. 13th Street. Dubuque, Iowa (563,) 589-4270
RESOLUTION NO. 515-03
RESOLUTION APPROVING PLAT OF PROPOSED VACATED
PORTION OF WEST 32ND STREET AT JOHN F. KENNEDY ROAD
Whereas, there has been presented to the City Council of the City of
Dubuque, Iowa, a plat dated the 24TM day of November, 2003, prepared by IW
Engineers & Surveyors, P.C. describing the proposed vacated portion of West
32nd Street at John F. Kennedy 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 1. That the plat dated the 24th day of November, 2003,
prepared by IIW Engineers 8, Surveyors, P.C., 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 ~ngress and egress thereto, for the purpose of
erecting, installing, constructing, reconstructing, repairing, owning, operating, and
maintaining watermain as may be authorized by the City of Dubuque, Iowa. as
shown on the Plat of Survey of Lot lA of Arbor Estates.
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.
2003.
Passed, approved
and adopted this
15th day of December. 2003
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
PLAT OF SURVEY
LOT lA OF ARBOR ESTATES
IN THE CITY OF DUBUQUE, IOWA
DESCRIPTION: A VACATED PORTION OF WEST ;~2J",ID STRL¢.:.t
RIGHT--OF--WAY IN THE CITY Of DUBUQUE:, IOWA
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BLOCK 3 . / ~ /
ARBOR E~rA"f1~ ~o C- / ~'- /
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GRAPHIC SCALE LEGEND
0 ;~0 60 PLAT BOUNDARY
FOUND 5/8' lEON EOD
· PL*S~C CAR ~0. AS uom~
(IN FEET) 0 SET 5/S' IRON RO0 W/
DRAWING MAY HAVE BEEN REDUCED PLAS'~C CAP ~0.
( ) ~CORD INFC~MAI~ON
pREPARED FOR: STEYE AND JUDY SELCHERT R.O.W. RIGHT--OF--WAY
PROPRIETOR: CITY 0¢' DUBUQUE
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Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13m Street. Dubuque. IA 5200; (563) 5894270
ORDINANCE NO. 97-03
ORDINANCE VACATING A PORTION OF WEST 32"D STREET AT JOHN F,
KENNEDY ROAD
Whereas, Steve and Judy Selchert, representing SGT Investments. L.L.C., has
requested the vacating of a portion of West 32n° Street at John F. Kennedy Road; and
Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City
Council a plat showing the vacated portion of West 32"d Street at John F. Kennedy Road
and assigned lot number thereto, which hereinafter shall be known and described as Lot
lA of Arbor Estates in the City of Dubuque, Dubuque County, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has determined that this
portion of West 32nd Street at John F. Kennedy Road is no longer required for public use.
except for utility easements as noted, and vacating of said portion of West 32"° Street at
John F. Kennedy Road known as Lot lA of Arbor Estates, 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 Arbor Estates, 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 watermain as
may be authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey of Lot lA
of Arbor Estates.
Passed, approved and adopted this 15th
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
day of December ., 2003.
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13'' Street. Dubuque. IA 5200' (563) 589-4270
RESOLUTION NO. 516-03
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT
IA OF ARBOR ESTATES IN THE CITY OF DUBUQUE, DUBUQUE COUNTY,
IOWA
Whereas, Steve and Judy Selcher[, representing SGT Investments,
L.L.C., has requested the vacating of a portion of West 32nd Street at John F.
Kennedy Road; and
Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to
the City Council a plat showing the vacated portion of West 32nd Street at John F.
Kennedy Road and assigned lot number thereto, which hereinafter shall be
known and described as Lot lA of Arbor Estates in [he City of Dubuque, Iowa;
and
Whereas, the City Council of the City of Dubuque, Iowa has determined
that this portion of West 32nd Street at John F. Kennedy Road is no longer
required for public use, except for utility easements as noted, and vacating and
sale of said porLion of street known as Lot lA of Arbor Estates 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 Arbor Estates in the City of Dubuque, Iowa.
Section 2. That the conveyance of Lot lA of Arbor Estates in the City of
Dubuque, Iowa to SGT Investments, L.L.C. be contingent upon the payment of
$3,572.50, plus platting, 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 watermain as may be authorized by the City of Dubuque, Iowa, as
shown on the Plat of Survey of Lot lA of Arbor Estates.
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 15th day of December, 2003.
Terrance M. Duggan, Mayor
Attest:
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.
RESOLUTION DISPOSING OF CITY INTEREST IN LOT lA OF ARBOR
ESTATES 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 cimulation
published in the City of Dubuque, Iowa on this __ day of ,2004,
the. City Council of the City of Dubuque, Iowa met on the day of
., 2004, 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 Arbor Estates 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 wdtten 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 Arbor Estates in the City of Dubuque, Iowa to SGT Investments, L.L.C.
be and the same is hereby approved for the sum of $3,572.50, plus the cost of
publication, platting 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 watermain as may be authorized by the City of Dubuque, iowa, as
shown on the Plat of Survey of Lot lA of Arbor Estates.
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 SGT Investments, LL.C. 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
2004.
day of
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk