Vacation of portion of Front StRESOLUTION NO. 94-00
RESOLUTION APPROVING PLAT OF PROPOSED VACATED A PORTION OF
FRONT STREET
Whereas, there has been presented to the City Council of the City of Dubuque,
Iowa, a plat dated January 18, 2000, prepared by IIW Engineers & Surveyors, P.C.,
describing the proposed vacated portion of Front Street; 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 January 18, 2000, prepared by IIW Engineers &
Surveyors, P.C., 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. 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, tv. cable, floodwall levee, and electric lines as may be
authorized by the City of Dubuque, Iowa.
Section 3. 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 6th day of March, 2000.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
.
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,'\
K~ rtr-~
2933'='00
2ßßOtlAR2\ P113:55
KATHY FLYHH Ti;URLO'¡ J';
COUNTY RECOROER (J"
OU9UQUE CO..lùWA FE~SJ,V'
DUBUOUE, 'OWA, (3"> "6-"64
"
2933-00
PREPARED BY,
"W ENGINEERS & SURVEYORS p,C,
4155 PENNsnVAN" AVE,
PLAT OF SURVEY
LOT 356A OF HAM'S ADDITION
TO THE CITY OF DUBUQUE, IOWA
DESCRIPTION: PART OF VACANTED FRONT STREET LYING
ADJACENT TO LOTS 35D-352, LOTS 354-356 AND LOT
1-357, HAM'S ADDITION TO THE CITY OF DUBUQUE, IOWA
S88'47'ðZ"E
- 122.77' (122.8i) -
UNCOLN AVENUE (6D' R.O.W.)
\ \ í\-
\ \ \
\\ \
\ \ .--
\
~\L'- .'-
LOT 36,. \ \ ~\
\;
\~\ \-- :.. :::: ,
\ \ ' 80'~,)
LOT "" \ \ &\1.88' ~'-
~l80'cd) - ~ l120.03)
\ - ~i3fiO3"If ~ - -
~9-3fiO¡;" "" LOT 2-357
20.rJJ
\ \ l20.03')
\ \
-----
--
--
LOT '"
--
'001"""
LOT J6O
---
FRONT STREET \
\ (64' R.O.W.)
\
\
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~
SUB, OF LOT "'A
- PRDP£RTY LINE
. FOUND '/'" 'R"" ROO
W/ CAP NO, AS NOTED
. FOUND ,. IR"" PIPE
0 5ET '/'" m"" ROO
, w/ RED C'P NO. 12'"
e 5ET NA< w/ WA"'ER NO. 12'"
( ) RECORD m"EN"'"
( III I'D'!' )
llDoh-Mlft.
PROPRIETOR: CITY OF DUBUQUE
GRAPHIC SCALE
L3
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R.D,W,
I "R'" CERnFY TNAT THE 5OR"'Y WAS D""E AND TH'S 'LA' W'S
"'D< BY "E OR UNDER "Y mRm "'R""'AL 5O"R."'"
AND THAT I AN , DULY LICEN5ED LAND "'R"'YON UND£R THE
LAWS OF THE ""E OF lOW'.
II V" ENGINEERS AND
'II SURVEYORS P.c.
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"TE
ORAWN .lOW PLAT NO, '-OA-
CHECKED "'T 'RDU, NO...">:!
DATE' '0/2000 SHEET I of'
0, .. 7"2 SUR LOD 99m2-LI_"""
UCEN" NO. 12'"
"Y LlCEN" RENEWAL .'TE " 'HHO
PADE' CD"'REO BY TH" CERnFIC,nDN
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Sheet 2 of3
SURVEYOR'S CERTIFICATE
.
I, John M. naroner, heFeby certify that I am a Licensed Land SurveyOF in the State of Iowa, and Ihat the
folIowing tract of ,eal estate was surveyed and platted by me OF undeF my di,ect personal supervision. To
Wit:
Lot 356A of Ham's Addition to the City of Dubuque, Iowa. mOFe particularly described as folIows:
Beginning a1the Southeasterly comer of Lot 1-357 of said Ham's Addition;
Thence North 11 degrees 00 minutes 00 seconds West. 157.00 feet along the Westerly FighI-of-way line
ofF,ont Street (64' wide);
Thence SouIh 64 degTees 00 minutes 00 seconds East. 80.14 feet to a point on Ihe Easterly right-of-way
line of said FronI Street;
Thence South 05 degTees 46 minuIes 08 seconds East, 109.70 feet to a point on the Easterly extension of
the Southerly line of said Lot 1-357;
Thence South 79 degrees 30 minuIes 03 seconds West, 54.00 feet along said Easterly extension, to the
point of beginning.
Containing 0.183 acres, more OF less, and subject to easements, reservations, Festrictions. and Fights-of-
way of record and not ofFecord, the plat of which is attached he,eto and made a part of this certificate,
AII monuments were placed or ,haii be placed wiIhin one yea' from the date Ihis plat is recorded.
.
~~~~
I hereby certify that this land surveying document was p,epared and the
related survey wOFk was performed by me or under my direct personal
supervision and that I am a duly licensed Land Surveyo, under the laws of the
State ofIowa.
SEAL
Joh M. T,anmer
License Number 12631
My license renewal date is December 31, 2000
Pages or sheets covered hy this seal: Surveyo,'s Certificate Only
OWNER'S CONSENT
:;;4h~A'h ,Iowa~A'A'L ,9!J ,20ø?
The foregoing plat of Lot 356A ofHarn', Addition to the City ofDuhnque, Iowa, is made with the free
consent and in accordance with the desires of the undersigned owners and prop,ieIors of said ,eal estate.
~,
.
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.
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\-\
Sheet 3 of3
)
) ss:
County of Dubuque)
On thi,;'ì? r'o( day of Ab'Ú"L , 20~ before me, a Notary Puhlic in and for the County
ofpubuque and State of Iow'a, personally appeared Terrance M. Duggan and Jeanne F. Schneider, to me
, \ :pe,sonaIW¡\<n.own who, being duly sworn did say that the said Terrance M, Duggan is Mayor and the said
(c'-~. JeanneF..S\:hneider is City Clerk of the City of Dubuque, Iowa, and that Ihe seal affixed to the above
, . instrument 'is. \he corporate seal of Ihe City of Dubuque, Iowa, and that said instrument was signed and
. ~,",IØ on beli~If.ofthe said City of Dubuque, Iowa, by authority of the City Council of said city, and the
'slÌíÎ! :reífance:M. Duggan and Jeanne F. Schneider acknowledged the execution of said instrument to be
Ihe ÝÓluntary,:a~t and deed of said City of Dubuque, Iowa, by it voluntarily executed.
'~ Witness'(Íý'hand and notarial seal on the date last abo
, '"i\-:)'
State ofIowa
- ~}~:':;?,\~::..~f~~
Public in and for the Said Counb-.:., '. ,~)' f-.J~
.))}!iIi:~:;;<?;/
My Commission Expires
CITY COUNCIL
Dubuque, Iowa
~ J:ud ¿MJ
,20~
The undersigned, MayoF and Clerk ofthe City of Dubuque, Iowa, do he,eby certify that the foregoing plat
in the City of Dubuque, Iowa, as appears on Sheet I of..1.. he,eofhas been filed in the office ofIhe Clerk
of the City of Dubuque, and that by ResoluIion No. <7i/-¡fJV the Dubuque City Councilappmved
said plat. ~
Tj!'~~
~ofthe City of DUbUqUe. '
~~//f&~<Ç/'//12)
eanne F. Schneider
Clerk of the City of Dubuque
COUNTY AUDITOR
Dubuque, Iowa". ÈÀ'i ':'. /Þ1...¿
,\) "':"';""" C ,,'1'1 ""'7
The f°:5~' . ' :e~;;; ~ 6frecord in the office of the Dubuque County Auditor this
dayo(,.' , .,;--~ 20@
%f~~~Í~¿~~}
'. 0 I; ^ .'~-
z/ , 20~
:2/ ~-
CITY ASSESSOR
Dubuque, Iowa
~A-.;J.-I
,20~
The fOr~g pl:1as en~e1 of record in the office of the Dubuque City Assessor this
dayof -.'" ,20<"9 "-~/ "~,,-,
CityAssessoro:DubUqUe,~:-":l ~r
OFFICIAL PUBLICATION
ORDINANCE NO. 21-00
ORDINANCE VACATING A PORTION OF FRONT STREET
Whereas, Dubuque Boat Club, Inc, has requested the vacating of a portion of Front
Street; and
Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City
Council a plat showing the vacated portion of Front Street and assigned lot numbers
thereto, which hereinafter shall be known and described as Lot 356A of Ham's Addition in
the City of Dubuque, Dubuque County, Iowa;
Whereas, the City Council of the City of Dubuque, Iowa has determined that this
portion of Front Street is no longer required for public use, except for utility easements as
noted, and vacating of said portions of Front Street known as Lot 356A of Ham'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 real estate described as Lot 356A of Ham's Addition in the
City of Dubuque, Iowa, be and the same is hereby vacated.
Section 2. 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, tv, cable, floodwall levee, and electric lines as may be
authorized by the City of Dubuque, Iowa,
Passed, approved and adopted this 6th day of March, 2000.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald Newspaper this 10th day of March, 2000.
Jeanne F. Schneider
City Clerk
RESOLUTION NO. 95-00
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 356A OF
HAM'S ADDITION, DUBUQUE, IOWA
Whereas, Dubuque Boat Club, Inc. has requested the vacating of a portion of Front
Street
Whereas, IIW Engineers & Surveyors, P,C. has prepared and submitted to the City
Council a plat showing the vacated portion of Front Street and assigned lot numbers
thereto, which hereinafter shall be known and described as Lot 356A of Ham's Addition in
the City of Dubuque, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has determined that this
portion of Front Street is no longer required for public use, except for utility easements as
noted, and vacating and sale of said portion of Front Street known as Lot 356A of Ham'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 of its interest in Lot 356A
of Ham's Addition in the City of Dubuque, Iowa.
Section 2. That the conveyance of Lot 356A of Ham's Addition in the City of
Dubuque, Iowa to the Dubuque Boat Club, Inc. be contingent upon the receipt of deeds
for Lots 350, 351, 352, and 353 of Ham's Addition in the City of Dubuque, Iowa, 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, tv. cable, floodwall levee, and electric lines as may be
authorized by the City of Dubuque, Iowa.
Section 4. 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 6th day of March, 2000.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
CITY OF DUBUQUE, IOWA
MEMORANDUM
March 2, 2000
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT:
Vacating Petition - Front Street
Public Works Director Mike Koch is recommending that a public hearing be set for
March 20, 2000, to consider vacating a portion of Front Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
City Manager
MCVM/ksf
Attachment
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Mike Koch, Public Works Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
February 28, 2000
TO:
Michael C. Van Milligen, City Manager
FROM:
Michael A. Koch, Public Works Director 7!/h toelv
SUBJECT:
Vacating Petition - Front Street
INTRODUCTION
This is in response to a request from Donald Pfeiler representing Dubuque Boat Club,
Inc, for the vacating of a portion of Front Street.
DISCUSSION
The attached plat shows the areas proposed on Front Street to be vacated. The
abutting properties are owned by Dubuque Boat Club, Inc.
The area to be vacated is divided into one lot numbered Lot 356A of Ham's Addition,
Lot 356A of Ham's Addition is an existing 64 foot wide street on which public utilities
exist. Perpetual easement rights will be reserved on the entire Lot 356A of Ham's
Addition for maintenance of the existing sanitary sewer and water main utilities,
floodwall levee, and other utilities.
The property has been negotiated as an exchange for the Boat Club dedicating Lots
350, 351, 352, and 353 of Ham's Addition on which Volunteer Drive currently exists
to the City,
RECOMMENDATION
The City has no plans for the utilization of this portion of Front Street to be vacated,
except for reserving the utility easements as noted,
I would recommend that the area indicated by Lot 356A of Ham's Addition 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 March 20, 2000. I would further recommend
that the purchase price be established for the cost of platting, 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
resolutions and ordinance.
MAK/vjd
Prepared by Ronald J. Turner
cc: Dubuque Boat Club
" ,"
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CITY OF DUBUQUE, IOWA
MEMORANDUM
March 16, 2000
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT:
Vacation of Front Street
In a response to a request from Donald Pfeiler, representing Dubuque Boat Club,
Public Works Director Mike Koch is recommending that a portion of Front Street be
vacated.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/dd
Attachment
cc:
Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Mike Koch, Public Works Director
.
.
STATE OF IOWA
DUBUQUE COUNTY
{SS:
CITY OF DUBUQUE, 'IOWA
OFFICIAL NOTICE .
NOTICE Is heFeby given !hat
the Dubuque City Council Will
conduct a Public hearing at a
meeting to oommence at 6:30
P.M. on ,,--"" M ~"
the Pu
foFthe
~~~ 01 HalO'. Aikítiõñ:-
Dub"quo, døwa." (Copy of
~J::'~'1i:'.g~s:~
. and may, loa vioI<ood døIihg
1----""-"'" .
CERTIFICATION OF PUBLICATION
I, Kathy Hefel; ¡'fdlli;'tg êfe-;'k for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald, a newspaper of general circu-
lation published in the City of Dubuque, County of Dubuque and State onowa;
hereby certify that the I ttached notice was published in said newspaper on the
following dates .All a r r h I 0
.,. d 00(1 , and for which the
Office On.. ~'V".-U ""N-
of publiG hearing,
At said tima and pIace of
public hearing, all intaFeStBd
citizens and part,". will be
givon an OPportunity to bB
hBBrd !oF or against said
B~","""" .
pairad~~ ~
charge is $,
10,55
'--7f~ ¡-f 'IØ f {j tJe ¡¿¿LA. ?¡} A
__.".n__~__._,t
at 1- 46 hours priOF.4<> the
n¡,o,:~Bd by o~ of tho
City Council given on the 6th
day 01 MaFCh, 2000. -
161- F, Schneider
1t 3110 " - City Clerk }.
Subscribed to beCore me, a Notary Public in and Cor Dubuque County, Iowa,
this~dayoC ~ _¿c>c>o.
'----"'7/?7 --AX ~ ~ ~ :t: Á)
Notary P lie in and Cor Dnbuque unty, Iowa
.
.
"
(OFFICIAL PUBLICATION)
ORDINANCE NO. 21-00
AN 0ADINANcE VACATING
A PORTION OF FRONT
STREET
WherBBs. DubuQUB Boat
Club. Inc. hes ..quested the
vacating of a pon;on of Front
Straet;Bt1d /' "
S'=;'P ~~Inoara
STATE OF IOWA
DUBUQUE COUNTY
{SS:
CERTIFICATION OF PUBLICATION
-qO~t7//7q"'v
I, Katby Hefel, a Billing Clerk for Woodward Communications, Inc" an Iowa
corporation, publisher of the Telegrapb Herald, a newspaper of general circn-
lation published in the City of Dubuque, County of Dubuqne and State oflowa;
hereby certify that the attached notice was published in said newspaper on the
foUowingdates .Jvln...-ch/O
.,'
;:;taoO
, and for which the
charge is $
J.~, '-1/
I
91~x:6rf/r~ aú'èf~~e~
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this~dayof~ ..æOOO.
v
RESOLUTION NO. 96-00
RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY ON VOLUNTEER
DRIVE TO THE CITY OF DUBUQUE
Whereas, the City of Dubuque entered into an agreement with Dubuque Boat Club,
Inc" pursuant to which Dubuque Boat Club, Inc. agreed to convey Lots 350, 351, 352, and
353 of Ham's Addition in the City of Dubuque, Iowa; and
Whereas, Dubuque Boat Club, Inc, has executed a conveyance of said property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of,
accepts and consents to the Warranty Deed from Dubuque Boat Club, Inc" copies of which
are attached hereto, as required by Iowa Code Section 569.7.
Section 2, The Mayor is hereby authorized and directed to execute and
acknowledge on behalf of the City of Dubuque any instruments in connection herewith.
Passed, approved and adopted this 6th day of March, 2000.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
.
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I
THE IOWA STATE BAR ASSOCIATION
UII1.'" Fo,m No.1D1
FOR THE LEGAL EFFECT OF THE USE
DFTN'S FORM, CONSULT YOUR LAWYER
K~T~
. l 2934-00
2DOD/IAR 2' PH 3: 55
KATHY FLYNN TiiU¡¡LGW Jì
0 GOUNTYRECOROER I'^LY
-UBUOUE CD.. IOWA FEES i \\Y
Pre b JamesH. Reynolds 440 Summer Or., Dubuque, IA 52002-2444 (319) 556-1045
."'¡;.:.""\ sax: I Y a reasurer, SPA BOVE THIS LINE
:~~~ iJubo.<J,Ie, IA 52001-4864 WARRANTY DEED FOR RECORDER
For the consideration of ~.~ - ' Th.... 001lan(S1 oQ), --
Dollar(s) and other valuable consideration, Ouhuq,'. Boat Cluh Ine an Iowa Comoratioo
-.-
do hereby Convey Io
CitY ofDubuoue. Iowa.
the following described real estate in Dubuque
County, Iowa:
LotB 350, 351, 352 and 353 in Ham', Additioo, in the City of
Ouboque, Iowa, according to tbe recorded Plat thereof, subject
to easements of record.
Grantors do Hereby Covenant with grantees, and successors in interest, Ihat grantors hold Ihe real estate by
title in fee simple; IhaI they have good and lawful auIhority to sell and convey Ihe real estate; that the real estate
is Free and Clear of all Liens and Encumbrances except as may be above stated; and grantors Covenant to
WarranI and Defend Ihe Feal estate against the lawful claims of all persons except as may be above stated. Each
of the undersigned hereby relinquishes all rights of dower, homestead and distributive shaFe in and to the real estate,
Words and phrases herein, including acknowledgement hereof, shall be construed as in the singular or plural
number, and as masculine or feminine gender, according to the context.
STATE OF
DATED:
,;}/I'< /tffJ
I /
'OW'
ss:
mIRTTQrm COUNTY,
On this Ir day of R-b-_ry ,
a:.>dtX> before me, the undersigned, a Notary Public
in and for said StaIe, personally appeared -
Dave F.",;er and Bm M.vne
.i)~?:t~ ; M
DAVE FRAZIER,
COMMODORE
ß~~~
BILL MAYNE
SECRETARY
(GranIor)
(GranIor)
(Grantor)
(This fe<m of aoknowled,eme" fo, indlvid," ",nlo',,) only)
(GranIor)
""._.s"",.,'~,,,~
'" WARRANTY nEEn
CERTIFICATE OF CITY CLERK
STATE OF IOWA
COUNTY OF DUBUQUE
I, Jeanne F. Schneider, do hereby certify that I am the duly appointed,
qualified, and acting Clerk of the City of Dubuque, Iowa in the County
aforesaid, and as such Clerk I have in my possession or have access to the
records of the proceedings of the City Council. I do further state that the
hereto attached Resolution No, 96-00 is a correct copy of the original
Resolution No. 96-00 approved and adopted by the City Council of the City of
Dubuque, Iowa, at a session held by said Council on the 6th day of March,
2000,
In Testimony Whereof, I hereunto set my hand and official seal of the City of
Dubuque, Iowa,
Dated at Dubuque, Iowa this 21st day of March, 2000,
Jeanne F. Schneider
City Clerk
City of Dubuque, Iowa