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Seward St vacate G Penhollow 'D~ ~ck~ MEMOR.ANDUM February 23, 2004 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Vacating Petition - Sac Street & Two Alleys North of Seward Street In response to a request from Gerald Penhollow to vacate Sac Street and two alleys north of Seward Street in C.H. Meyer's Addition, Public Works Director Mike Koch states that the City has no plans for the utilization of Sac Street and the two alleys north of Seward Street, there are no existing utilities located in the right-of-way proposed to be vacated and the City has no plans on extension of utilities thereon. Public Works Director Mike Koch recommends approval of the request to vacate, that the property be valued at the cost of surveying, platting, plus processing, publications and filing fees, and that a public hearing be scheduled for March 15, 2004. I concur with the recommendation and respectfully request Mayor and City Council approval. ~k~ /1tJf Michael C. Van Milligen ~ MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Michael A. Koch, Public Works Director D~ ~ck~ MEMORANDUM February 23, 2004 TO: FROM: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director tti jrL SUBJECT: Vacating Petition - Sac Street & Two Alleys North of Seward Street INTRODUCTION This is a request from Gerald Penhollow for the vacating of Sac Street and two alleys north of Seward Street in C. H. Meyer's Addition. DISCUSSION The attached map shows the proposed area to be vacated. The abutting properties are owned by Gerald Penhollow. The area to be vacated is proposed to be divided into three lots numbered Lot 13A, Lot 16A, and Lot 20A in C. H. Meyer's Addition. This area was originally platted with 50-foot wide streets and 20-foot wide alleys in C. H. Meyer's Addition. The existing topography is steep and rocky. There are no existing utilities located in the right-of-way proposed to be vacated. and the City has no plans on extension of utilities thereon. The property has been valued at the cost of surveying, platting, plus processing, publication, and filing fees. RECOMMENDATION The City has no plans for the utilization of Sac Street and the two alleys north of Seward Street to be vacated. I recommend that the areas indicated by proposed Lot 13A, Lot 16A, and Lot 20A in C. H. Meyer's Addition on the attached map be vacated, and that a public hearing be set for the disposition of the City's interest in the subject area on March 15, 2004. I would further recommend that the purchase price be established at the cost of surveying, platting, plus processing, 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 resolution. Prepared by Ronald J. Tumer, PLS cc: Ronald J. Turner, PLS Gerald Penhollow, 755 Montcrest Street, Dubuque, IA 52001 Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13fu Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 81-04 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 13A, LOT 16A, AND LOT 20A IN C.H. MEYER'S ADDITION, DUBUQUE,IOWA Whereas, Gerald Penhollow has requested the vacating of Sac Street and two alleys north of Seward Street in C. H. Meyer's Addition; and Whereas, Schneider Land Surveying & Planning, Inc. has prepared and submitted to the City Council a plat showing Sac Street and two alleys north of Seward Street; and assigned lot numbers thereto, which are proposed to be known and described as Lot 13A, Lot 16A, and 20A in C.H. Meyer's Addition, in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that Sac Street and two alleys north of Seward Street is no longer required for public use, and vacating and sale of said portions. of alleys and streets to be known as Lot 13A, Lot 16A, and 20A in C.H. Meyer's 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 City of Dubuque intends to dispose oUts interest in proposed Lot 13A, Lot 16A, and 20A in C.H. Meyer's Addition in the City of Dubuque, Iowa. Section 2. That the conveyance of proposed Lot 13A, Lot 16A, and 20A in C.H. Meyer's Addition in the City of Dubuque, Iowa to Gerald Penhollow be contingent upon the payment of surveying, platting, plus processing, publication, and filing fees. Section 3. 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 1st day of March, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Randy Turner Engineering Division City Hall 50 West 13th Street Dubuque, Iowa 52001-4854 RE: Vacate City Property DearMr. Turner, Thanks for your assistance in providing us the information we need to request the vacating of the city properties adjacent to our lots. The outline of the requirements and the sample letter are invaluable for the amount of time they have saved us. We have contracted with Schneider Land Surveying and Planning, Inc. to perform the survey ofthe lots and plat layout. I understand that he has contacted you and has provided you with part of the required documentation. I have enclosed the additional required documentation (letter to the Honorable Mayor and City Council Members) and a couple of lot layouts with the city properties we are asking to have vacated highlighted in yellow. If other documents are required, or if I need to send this information to anyone else, or if you have any questions please call me at (727) 403-3449. Thank again for your support. Sincerely, A,.tÐ d Q~~ Gerald L. Penhollow 755 Montcrest Street Dubuque,]A 52001 (563) 587-0721 Horne (727) 403 3449 Cell Honorable Mayor and City Council 50 West 13th Street Dubuque, Iowa 52001-4854 RE: Vacate City Property Dear Mayor and City Council Members: This letter is written to inquire about the possibility of purchasing a portion of a city street and alleys abutting my properties at 777 Seward Street. We plan to use the vacated properties to maximize the usability of the adjacent lots. 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 (727) 403-3449 if you have any questions. Thank you for your consideration of this request. Sincerely, /1Jv~ J Q~ý~j / Gerald & Christine Penhollow 755 Montcrest Street Dubuque, IA 52001 (563) 587-0721 Horne (727) 403 3449 Cell q .,,- ~" """'69654 PAGE..~.._--- P"."""ea Þy: SCHNê:IDe'R l,a".. Su/"veYi"S ùnd Pla"">ng. ~,.,.,. p.o. 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P.O,SOX 10t; Peons, Iowa ~aose p".e6"'-""6~9055 PLAT OF SURVEY LOT 13A, LOT lSA ANO LOT 20.0., BEINS THE PUBLrC ALLEYS AND SAC STREET LOCATED ~.~ ,~.'~ ~~~~'~~~ ~,~~~i~ ~ ~~~~" P¥~r' (~;P.) L. ¡.,. LANGWDRT¡.,Y' 5 ~ ADDITION Íi :: -ï~'~ -'" I~ I S."-20'",,-M ."". § .. 0 ~ !f .. .& F"""" .J so. BAR ~FOUND s/s: ¡;j ~EØAR (TYP. '" z Iò' ¡" ~ ~ m BEMAN! BTFEET 1110') N89"~2"'9'E . 79.77' .., ~ '" 2: 0 ~ .!J' ~ 0 ~ 0 ::i ~;::; .& ÌII !:! .. ~ c<C. .e, ,.0' ""9"20 '".-'" 289.07' !i? $' NM eOANeR LOT ,2. . ~~A~! m~A ~ :{A~DW CAP a '" I ~ I .::?'" ~~ t?; Iò' ¡, ~ CDRJ>E~ ~~ lii L"T .. ;" PLEA§ANT vtEW. ~ ~T .€(E~w"~~A ,,".'7 VIEW ~ 0 N 3 5."A2'~.'W 7e.~' ~CREST STJIE!ET (40 . . . oo9'2"2.'W 2"".8,,' rOC. A.' "0' 6RAPHIC SCALE 1"~60' , 120 180 SCHNEIDER La".. .."S'vaY1ng Planning. :tnc. PROPRIETOR: eny OF guBUQUE SlJ"VcY ReOIÆSTeD 6Y: GERAI-D PENHOLLOW SUAV",' D!!GORIPTION: SEE SHEET .. Ió..I""" '""""""" . 0 60 gy~r.;~~ ~~~:~~:.;m~~r~~E¡¡t~~EE::~:~~m~æã~:: I,,:""~ot~'~f.:i:i:~~.. 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