Vacate Sac, alleys N Seward St.
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MEMORANDUM
March 8, 2004
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Vacating Petition - Sac Street and 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 and that the property
be valued at the cost of surveying, platting, plus processing, publications and filing fees.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
fÎ1AviJ( ~ AlL
Miéhael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
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MEMORANDUM
March 8, 2004
TO:
FROM:
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director 1l/¡'M
SUBJECT: Vacating Petition - Sac Street and 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.
DISCUSSION
The attached map shows the proposed area to be vacated.
properties are owned by Gerald Penhollow.
The abutting
The area to be vacated will be divided into three lots, described as Lot 13A, Lot
16A, and Lot 20A in C.H. Meyer's Addition. 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. A public hearing on the disposition of the City's
interest in the vacated area was set for March 15, 2004.
RECOMMENDA nON
The City has no plans for the utilization of Sac Street and the two alleys north of
Seward Street.
I recommend that the areas platted as Lot 13A, Lot 16A, and Lot 20A in C.H.
Meyer's Addition on the attached plat be approved and vacated. I 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 City Council is requested to approve the recommendation of the City
Manager on the disposal of the property through adoption of the enclosed
resolutions and ordinance.
Prepared by Ronald J. Turner, PLS
cc: Ronald J. Turner, PLS
C.H. MEYERIS ADD. VACATE
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Prepared bY' SCHNEIDER Land Surveying and Planning, Ino, P.o.Box 105 Pe05to. Iowa 52068 Ph#563-556-9O55
PLAT OF SURVEY
LOT 13A, LOT 16A AND LOT 20A. BEING THE PUBLIC ALLEYS AND SAC STREET LOCATED
BETWEEN LOTS 13. 14, 15, 16. 17. 1B, 19. AND 20 IN CoHo MEYER'S ADDITION ANO LOTS 1.
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PRaPRIETOf!'.
CITY OF DU5UQUE
SUAVEY REQUESTED BY:
SERALD PENHDLLDW
SURVEY DESCRIPTION:
SEE SHEET 2
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO. 119-04
RESOLUTION APPROVING PLAT OF PROPOSED VACATED SAC
STREET AND TWO ALLEYS NORTH OF SEWARD STREET IN C.H.
MEYER'S ADDITION
Whereas, there has been presented to the City Council of the City of
Dubuque, Iowa, the plat dated the 16th day of February, 2004, prepared by
Schneider Land Surveying and Planning, Inc. describing the proposed vacated
portion of Sac Street and two alleys north of Seward Street in C.H. Meyer's
Addition to be hereinafter known as Lot 13A, Lot 16A, and Lot 20A of C.H.
Meyer's Addition in the City of Dubuque, Dubuque County, Iowa; and
Whereas, said plats conform to the laws and statutes pertaining thereto.
NOW, THEREFORE, BElT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the plat dated 16th day of February, 2004, 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
toflle 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
15th
day of
March, 2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Prepared by: Ronald J. Turner. City of Dubuque. 50 W. 13~ Street. Dubuque. IA 52001 (563) 589-4270
ORDINANCE NO. 16-04
ORDINANCE VACATING SAC STREET AND TWO ALLEYS NORTH OF
SEWARD STREET IN C.H. MEYER'S ADDITION
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 the vacated portion of Sac Street and two
alleys north of Seward Street in C.H. Meyer's Addition and assigned lot numbers
thereto, which hereinafter shall be known and described as Lot 13A, Lot 16A, and Lot
20A in C. H. Meyer's Addition, in the City of Dubuque, Dubuque County, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has determined that Sac
Street and two alleys north of Seward Street in C.H.. Meyer's Addition is no longer
required for public use, and vacating of said Sac Street and two alleys north of Seward
Street known as Lot 13A, Lot 16A, and Lot 20A inC. H. Meyer's Addition, 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 .13A, Lot 16A, and Lot 20A in
C. H. Meyer's Addition, in the City of Dubuque, Iowa, be and the same is hereby
vacated.
Passed, approved and adopted this 15th day of March, 2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO. 120-04
RESOLUTION DISPOSING OF CITY INTEREST IN LOT 13A, LOT 16A,
AND LOT 20A IN C.H. MEYER'S ADDITION, DUBUQUE, 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 the 5th day of March, 2004, the City
Council of the City of Dubuque, Iowa met on 15th day of March 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 13A, Lot 16A, and Lot 20A in C.H. Meyer's Addition 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, BElT 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 13A, Lot 16A, and Lot 20A in C.H. Meyer's Addition in the City of Dubuque,
Iowa, to Gerald Penhollow be and the same is hereby approved for the sum. of
surveying, platting, plus processing, 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 Gerald Penhollow upon receipt of the
purchase price in full.
Section 3. 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 15th day of March, 2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk