Alley Salem St vacate for Davis
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MEMORANDUM
May 26, 2004
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TO:
The Honorable Mayor and City Council Members
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FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Alley Vacating Petition
In response to a request from Randy E. and Pamela J. Davis, Benjamin J. Mueller and
Margaret M. Muller to vacate the alley between 825 and 855 Salem Street from
Roosevelt to Salem, Assistant City Engineer Gus Psihoyos states that the City has no
plans for the utilization of that portion of the alley and states that that no public utilities
exist on this property. Assistant City Engineer Gus Psihoyos recommends approval of
the request to vacate the alley and that the purchase price be established at the cost of
surveying and platting, plus publication and filing fees of $100 for each of the three
parcels, and that a public hearing be set for June 21, 2004.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, Assistant City Engineer
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MEMORANDUM
May 24, 2004
FROM:
Michael C. Van Milligen, City Manager
Gus Psihoyos, Assistant City Engineer ~Q
Alley Vacating Petition
TO:
SUBJECT:
INTRODUCTION
This is in response to a request from Randy E. and Pamela J. Davis, Benjamin J.
Mueller, and Margaret M. Mueller for the vacating of the alley between 825 and 855
Salem Street from Roosevelt to Salem.
DISCUSSION
The attached plat shows the proposed alley between 825 and 855 Salem Street from
Roosevelt to Salem to be vacated. The abutting properties are owned by Randy E. and
Pamela J. Davis, Benjamin J. Mueller, and Margaret M. Mueller.
The area to be vacated is divided into three (3) lots numbered Lot 179A of O'Neill's
Addition to North Dubuque, Lot 180A of O'Neill's Addition to North Dubuque, and Lot
181A of O'Neill's Addition to North Dubuque. This is an existing 20-foot wide alley on
which no public utilities exist.
The property has been valued at the cost of surveying and platting, plus publication and
filing fees of $1 00 for each parcel.
RECOMMENDATION
The City has no plans for the utilization of the alley between 825 and 855 Salem Street
from Roosevelt to Salem to be vacated.
I would recommend that the areas indicated by Lot 179A of O'Neill's Addition to North
Dubuque, Lot 180A of O'Neill's Addition to North Dubuque, and Lot 181A of O'Neill's
Addition to North Dubuque 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 June 21, 2004. I would
further recommend that the purchase price be established at the cost of surveying and
platting, plus publication and filing fees of $100 for each parcel.
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. Turner, P.LS.
ROOSEVELT / SALEM
T ALLEY VACATE VICINITY MAP
DAVIS \ MUELLER
GRAPHIC SCALE
( IN FEET)
1 INCH = 100'
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ALLEY TO
BE VACATED
,
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13'" Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 236-04
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT
179A, LOT 180A, AND LOT 181A OF O'NEILL'S ADDITION TO NORTH
DUBUQUE, DUBUQUE, IOWA
Whereas, Randy E. and PamelaJ. Davis, Benjamin J. Mueller, and
Margaret M. Mueller have requested the vacating of the alley between 825 and
855 Salem Street from Roosevelt to Salem; and
Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to
the City Council a plat showing the vacated alley between 825 and 855 Salem
Street from Roosevelt to Salem and assigned lot numbers thereto, which
hereinafter shall be known and described as Lot 179A, Lot 180A, and Lot 181A
of O'Neill's Addition to North Dubuque in the City of Dubuque, Iowa; and
Whereas, the City Council of the. City of Dubuque, Iowa has determined
that this alley between 825 and 855 Salem Street from Roosevelt to Salem is no
longer required for public use, and vacating and sale of said alley known as Lot
Lot 179A, Lot 180A, and Lot 181A of O'Neill's Addition to North Dubuque 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 179A, Lot 180A, and Lot 181A of O'Neill's Addition to North Dubuque in the
City of Dubuque, Iowa.
Section 2. That the conveyance of Lot 179A of O'Neill's Addition to
North Dubuque to Benjamin J. Mueller, Lot 180A of O'Neill's Addition to North
Dubuque to Randy E. and Pamela J. Davis, and Lot 181A of O'Neill's Addition to
North Dubuque to Margaret M. Mueller, all in the City of Dubuque, Iowa, be
contingent upon the payment of the cost of surveying and platting, and
publication and filing fees of $100 for each parcel.
... .
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 ih day of June, 2004.
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 APPROVING PLAT OF THE PROPOSED VACATED
ALLEY BETWEEN 825 AND 855 SALEM STREET FROM ROOSEVELT TO
SALEM
Whereas, there has been presented to the City Council of the City of
Dubuque, Iowa, a plat dated 19th day of May, 2004 prepared by IIW Engineers &
Surveyors, PC describing the proposed vacated alley between 825 and 855
Salem Street from Roosevelt to Salem; 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 19th day of May, 2004, prepared by IIW
Engineers & Surveyors, PC 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
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
day of
2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
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OU'UQU', 'OWA,
PLAT OF SURVEY
LOTS 179A, 180A, AND 181A OF O'NEILL'S ADDITION TO NORTH
DUBUQUE IN THE CITY OF DUBUQUE, IOWA
THE VACATED 2D-FOOT WIDE ALLEY LYING EASTERLY OF AND ADJACENT TO LOTS 179
THRU 181 OF O'NEILL'S ADDITION TO NORTH DUBUQUE IN THE CITY OF DUBUQUE, IOWA,
J.EWm
- PLAT BOUNDARY
. FOUND ,. IRON PIPE UNLESS NOTED
0 ~~sW"c"c:'~0%o"°f2¿y,
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( ) RECORD INFORMATION
R,O,W. RIGHT-OF-WAY
POINT OF
BEGINNING
LOT 179A
N47'20'48"E
13.36'
N47'20'46"E
13.36'
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1771 SQ, FT.
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LOT 1BOA
LOT 181A
240 SQ. FT.
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THIS SURVEY IS SUBJECT TO EASEMENTS,
RESERVAllONS, RESTRICllONS AND RIGHTS-
OF-WAY OF RECORD AND NOT OF RECORD,
AREA SUMMARY,
LOT ,79A t522 SQ. FT,
LOT 'BOA 1771 SQ, FT,
LOT 'BIA 240 SQ. FT.
TOTAL 3533 SQ, FT,
PROPRIETOR, CITY OF OUBUOUE
SURVEYED FOR, RANDY OAVIS
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DATE OF SURVEY, APRIL, 2004
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DRAWN LEN PLAT NO. 2S-IA-04
CHECKED JMT PROJ, NO. 04724
DATE 5-19-04 SHEET' of 3
p, \04\700\724\04724 \d09 \047241.1
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13'h Street, Dubuque, IA 52001 (563) 589-4270
ORDINANCE NO,
ORDINANCE VACATING THE ALLEY BETWEEN 825 AND 855 SALEM STREET
FROM ROOSEVELT TO SALEM
Whereas, Randy E. and Pamela J. Davis, Benjamin J. Mueller, and Margaret M. Mueller
have requested the vacating of the alley between 825 and 855 Salem Street from Roosevelt to
Salem; and
Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City
Council a plat showing the vacated alley between 825 and 855 Salem Street from Roosevelt to
Salem and assigned lot numbers thereto, which hereinafter shall be known and described as
Lot 179A, Lot 180A, and Lot 181A of O'Neill's Addition to North Dubuque in the City of
Dubuque, Dubuque County, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has determined that the alley
between 825 and 855 Salem Street from Roosevelt to Salem is no longer required for public
use, and vacating of said alley known as Lot 179A, Lot 180A, and Lot 181A of O'Neill's Addition
to North Dubuque, 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 179A, Lot 180A, and Lot 181 A of
O'Neill's Addition to North Dubuque, in the City of Dubuque, Iowa, be and the same is hereby
vacated.
Passed, approved and adopted this
day of
,2004.
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 179A, LOT
180A, AND LOT 181A OF O'NEILL'S ADDITION TO NORTH DUBUQUE,
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 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 179A, Lot 180A and Lot 181A of O'Neill's Addition to North Dubuque,
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 179A of O'Neill's Addition to North Dubuque to Benjamin J. Mueller, Lot 180A
of O'Neill's Addition to North Dubuque to Randy E. and Pamela J. Davis, and Lot
181A of O'Neill's Addition to North Dubuque to Margaret M. Mueller be and the
same is hereby approved for the sum of the cost of surveying and platting, plus
publication and filing fees of $100 for each parcel. 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 Randy E. and Pamela J, Davis, Benjamin J.
Mueller, and Margaret M, Mueller 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
day of
2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk