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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 12 r a ) / / ` 2-1-1-18 • FOUND 1/2" REBAR O FOUND 1" IRON PIPE • FOUND 1" IRON PIPE w/ CAP FOUND 5/8" REBAR w/ CAP • FOUND 5/8" REBAR w/ CAP /4850 ▪ FOUND 5/8" REBAR w/ CAP /12631 SET 5/8" REBAR w/ CAP /14052 58.57' VACATED ALLEY 1- 1- 1 -1 -18 P.O.B. N 01 °19'24" E 20. DETAI E ,� 14 13 LEGEND DETAIL A DETAILS BENNETT STREET 49.98 Sa' 157 97' 2 -1 -18 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 6 LE' R r r< 5 * S 88 w 4 39'19" E So' DETAIL F- LOT 3A S0' N 88 °39'19" W 1 50.87' 7 1 r �• ' 1 r _ _ 1 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 68' oocoe - eawc.s ■ WO SURVEYORS MASCO 010, IA ROCHESTER, W atYia n, w .arts u vswmn DETAIL D 15' I 25' T ✓ C, 0 z D m m 15' 25' 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