Vacating Petition - University of DubuqueMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacating Petition for a Portion of Alley West of Algona between West 3rd
and Bennett Street
DATE: May 31, 2011
In response to a request from James Steiner, representing the University of Dubuque,
for the vacating of a portion of unimproved public alley west of Algona Street between
West Third Street and Bennett Street, City Engineer Gus Psihoyos states that the City
has no plans for the utilization of the portion of alley proposed to be vacated, and
recommends the vacation provided there is an easement for existing utilities over the
vacated area and an ingress and egress easement is established to Lot 6 of Bennett
Street Subdivision. City Engineer Gus Psihoyos recommends sale of the property for a
purchase price of $9,900, plus publication and filing fees of $100, and that a public
hearing be set for June 20, 2011 on the proposed vacation.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
Michael C. Van Milligen
Dubuque
hital
All- America City
2007
Masterpiece on the Mississippi
TO:
FROM: Gus Psihoyos, City Engineer
SUBJECT: Vacating Petition for a Portion of Alley West of Algona between West 3rd
and Bennett Streets
DATE: May 31, 2011
INTRODUCTION
DISCUSSION
Michael C. Van Milligen, City Manager
Dubuque
brgrial
All- anerlcacny
111111
2007
A request has been received from James Steiner representing the University of
Dubuque for the vacating of a portion of a public alley west of Algona Street between
West Third Street and Bennett Street.
The proposed construction of the Performing Arts, Worship & Campus Center on
McCormick Street at the University of Dubuque (UD) will displace the existing parking
lot at that location. Replacement parking is proposed on UD property west of Algona
between West 3rd Street and Bennett Street. An unimproved public alley is platted in a
portion of the proposed parking area.
The University Dubuque owns five of the six lots that abut the area proposed to be
vacated. Ms. Rosemary Lehr, 2267 West 3 Street, owns the remaining abutting parcel.
The easterly 110 feet of the alley would not be vacated and would remain open for
existing residents. An easement for existing utilities would be established over the
vacated area.
Ms. Lehr has consented to the vacating and does not want to purchase her half of the
alley. She does request that an ingress and egress easement be established through
adjacent University of Dubuque property and vacated alley to provide access to her
back yard. The University has agreed to provide this easement. The westerly 150.83
feet of the alley is platted and proposed to be disposed of to the University of Dubuque.
The purchase price was established by prorating the average of the abutting assessed
land values of $3.28 /square foot over the area to be vacated and rounded to $9,900
plus publication and filing fees of $100.
The City has no plans for the utilization of the portion of the alley proposed to be
vacated. The University of Dubuque has agreed to pay $10,000.00 for the property
which includes publication and filing fees.
RECOMMENDATION
I would recommend that the area indicated as Lot 3A of Bennett Street Subdivision in
the City of Dubuque, Iowa, as shown on the attached plat be brought to the City Council
for possible vacating, providing an ingress and egress easement if established to Lot 6
of Bennett Street Subdivision, and that a public hearing be set for possible disposition of
the City's interest in the subject area on June 20, 2011.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and a public hearing be
set on the vacating and disposal of Lot 3A of Bennett Street Subdivision through the
adoption of the enclosed resolution.
Prepared by Ronald J. Turner, PLS
cc: Barry Lindahl, City Attorney
Ron Turner, PLS
� STREET`
WHKS & CO.
1701 ROUTE 35 NORTH EAST DUBUQUE. IL 61025
ENGINEERS PLANNERS LAND SURVEYORS
MASON CITY, IA ROCHESTER. MN DUBUQUE, IA
AMES. IA SPRINGFIELD, IL
PROP�SED ALLEY VACATION IN
BENN TT STREET SUBDIVISION
SCALE 1" = 60'
0 15' 30' 60'
PREPARED BY: DANIEL J. HINGTGEN
PLAT OF SURVEY
for
THE VACATION OF PART OF THE ALLEY LOCATED IN THE BENNETT STREET SUBDIVISION IN THE CITY
OF DUBUQUE, IOWA, HEREAFTER, KNOWN AS LOT 3A OF BENNETT STREET SUBDIVISION
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SET 5/8" REBAR
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58.57'
VACATED ALLEY
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LEGEND
DETAIL A DETAILS BENNETT STREET
49.98
Sa' 157 97'
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2- 1- 1 -1 -18
----- -- - - - - --
2 -18
LS 14052 WHKS & CO. 1701 ROUTE 35 NORTH EAST DUBUOUE, IL 61025 -8534 815- 747 -8833
PROPERTY OWNER:
CITY OF DUBUQUE
SURVEY REQUESTED BY:
UNIVERSITY OF DUBUOUE
SURVEY CONDUCTED ON:
2/28/2011
11
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DETAIL F- LOT 3A
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N 88 °39'19" W 1 50.87'
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DANIEL J.
HINGTGEN : m
14052
I hereby certify that this land surveying document was
prepared and the related survey work was performed by
me or under my direct personal supervision and that I
am o duly licensed Land Surveyor under the laws of the
Stole of Iowa.
• ? Dan Hinglgen, Land Surveyor Dote
" License number' 14052
My registration renewal dale is December 31, 2012
Pages or sheets covered by this sear
3
50 87'
ALLE S 01 °19'24" W
20.00'
50' -10• 50'
14982'
12
DETAIL H
10
DETAIL I -
WEST 3RD STREET
10
DETAIL C
49.61'
57'
2
DETAIL G
5,,
9
1101 ■aua 35 one CAST 11ueuMe.
75'
ALLEY VACATION DESCRIPTION
10
75
THE VACATION OF A PART OF THE ALLEY LOCATED IN THE BENNETT STREET SUBDIVISION IN THE CITY OF
DUBUQUE, IOWA, HEREAFTER, KNOWN AS LOT 3A OF BENNETT STREET SUBDIVISION, MORE COMPLETELY
DESCRIBED AS FOLLOWS:
Beginning of the Southwest (SW) Corner of Lot 5 in said Bennett Street Subdivision; thence
S 88'39'19" E 150.87 feet to the SE Corner of Lot 3 of said Subdivision; thence S 01'19'24" W
20.00 feet to the NE Corner of Lot 8 of said Sudivision; thence N 88'39'19" W 150.87 feet to the
NW Corner of Lot 6 in said Subdivision; thence N 01'19'24" E 20.00 feet to the Point of Beginning.
Said parcel includes 0.07 acres.
All of said Lot 3A is subject to utility easements.
PLAT OF SURVEY
Drown by MR Prapcl No.: 736600
Drawing Dote 5/20/20"
Drawing Now,.: PLe76.y
WHKS & co
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MASCO 010, IA ROCHESTER, W atYia n, w
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DETAIL D
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6
18
SURVEYORS NOTE: Bearings
are based on Dubuque Areo
GIS.
SCALE I" = 50'
0 10' 25' 50'
5
SHEET 1 of 2
RESOLUTION NO. 183-11
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT
3A OF BENNETT STREET SUBDIVISION IN THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA
Whereas, the University of Dubuque has requested the vacating and disposal of
a portion of a public alley west of Algona Street between West Third Street and Bennett
Street; and
Whereas, WKHS & Co. has prepared and submitted to the City Council a plat
showing the vacated portion of the public alley west of Algona Street between West
Third Street and Bennett Street and assigned lot number thereto, which hereinafter shall
be known and described as Lot 3A of Bennett Street Subdivision in the City of Dubuque,
Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has determined that this
public alley west of Algona Street between West Third Street and Bennett Street 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 3A of Bennett Street Subdivision
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
3A of Bennett Street Subdivision in the City of Dubuque, Iowa.
Section 2. That the conveyance of Lot 3A of Bennett Street Subdivision in
the City of Dubuque, Iowa to the University of Dubuque be contingent upon the payment
of $9,900.00, 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 water, sewer,
drainage, gas, telephone, television cable, fiber optics, and electric lines as may be
authorized by the City of Dubuque, Iowa, over and across all of Lot 3A of Bennett Street
Subdivision.
Section 4. That the City Clerk bp 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.
Attest:
Passed, approved and adopted this 6i h day of / ,2011.
Ade l,/
Kevi S. Firnstahl, 'Acting City Clerk
Roy D. Buol, Mayor
UNIVERSITY of
DUBUQUE RECEIVED
11 MAY -4 PM 2:44
May 2, 2011 City Clerk's Office
Dubuque, IA
Honorable Mayor and City Council
50 West 13 Street
Dubuque, IA 52001 -4845
RE: Vacate City Property
Dear Mayor and Council Members:
This letter is written to inquire about the possibility of purchasing a portion of a city
street /alley abutting the University's properties at: 2184 Bennett Street, 2164 Bennett
Street, 2154 Bennett Street, and 2145 West 3 Street. The University plans to use the
vacated property for the Performing Arts Center parking lot that was approved by City
Council on January 18, 2011.
The University has contacted the City Engineering Department and they have indicated
a favorable condition for the vacating but may need easements reserved for utilities.
The University understands 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- 589 -3210 if you have questions or Keith Wipperfurth at 563 -589-
3684.
Thank you for your consideration of this request.
Sincerely,
University of Dubuque
James D. Steiner
Vice President of Finance and Auxiliary Services
2 000 University Avenue • Dubuc ue, Iowi 3 -5099 • 563.559.3000 • vvw W.dbq.edu