Vacate of Property at 2500 Kerper Blvd._Key City Plating
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacating Petition/Kerper Boulevard
DATE: August 29, 2012
Assistant City Engineer Bob Schiesl is recommending setting a public hearing for
September 17, 2012, to consider vacation of a lot known as Lot 2A of McGraw-Hill, Key
City Plating Replat.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
/ AAh kt1&1
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Robert Schiesl, Assistant City Engineer
THE CITY OF Dubuque
DUB E AII- AmdicaCRY
�
Masterpiece on the Mississippi I.f
2012
TO: Michael C. Van Milligen, City Manager
FROM: Robert Schiesl, Assistant City Engineer R.D S
SUBJECT: Vacating Petition / Kerper Boulevard
DATE: August 27, 2012
INTRODUCTION
This is in response to a request from Rich Conlon for the vacating of a portion of Kerper
Boulevard abutting Key City Plating at 2500 Kerper Boulevard. The plat of the proposed
vacate and setting of a public hearing with intent to dispose was approved at the August
6, 2012 council meeting. However, the documents necessary for the public hearing to
be held on August 20, 2012 were not processed for that meeting. Therefore, a new
notice of public hearing needs to be set for September 17, 2012.
DiscusjiON
The attached plat shows the area proposed to be vacated. The abutting property is
owned by Rich Conlon, L.L.C.
The area to be vacated is platted into one lot and is described as Lot 2A of McGraw -Hill,
Key City Plating Replat in the City of Dubuque, Dubuque, County, Iowa. Said Lot 2A is
a 30' by 90' portion of excess right of way on which a public storm sewer exists.
Perpetual easement rights will be reserved on a portion of Lot 2A for maintenance of the
existing storm sewer.
Due to the existing storm sewer on the proposed area to be vacated, the property has
been valued at $1.45 per square foot for a total value of $3,915.00.
RECOMMENDATION
With the exception of reserving the storm sewer easement as noted, the City has no
plans for the utilization of this portion of Kerper Boulevard to be vacated.
I am recommending that the area indicated by Lot 2A of McGraw -Hill, Key City Plating
Replat in the City of Dubuque, Dubuque, County, Iowa as shown 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 September 17, 2012. Furthermore, I am recommending that the
purchase price be established at $3,915.00 plus platting, publication and filing fees.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and a public hearing
should be set on the disposal of the property through adoption of the enclosed
resolution.
Prepared by Ron Turner, PLS
2
RESOLUTION CITY COUNCIL OF
NO.211 -12 TIIE C�IY, OF
RESOLUTION OF DUBUQUE, IOWA, 0,N
INTENT TO VACATE THE�'IiMAT[ER OF;THE
AND • ;DISPOSE ; OF INTENT7"TO,D.ISPOSE
CITY INTEREST IN A OF' uAN " INT,EREST IN
PORTION OF KERPER''MEAL- PROPERTY
i
BOULEVARD, TO BE ,Y, PUBLIC` NOTICE is
KNOWN AS; LOT 2A hereby give 'teat the
OF MCGRAW HILL QJttyy+ Col)hcil of the {City
KEY CITY PLATING „ of-" Dubuque Iowa, will
REPLAT. IN,THCCITY ,hold a Public' hearing
OF DUBUQUE, DUBU onlhhe; 1,7ith tday of
QUE, COUNTY, IOWA Septem'berrr at; 6:30
Whereas, Rich Conlon Pi; , in 'the Historic .,
has, requested the Federal Building, 350
vacating and disposal West 6th Street
of a portion of Kerper Dubuque, Iowa, at.
Boulevard; and which meeting the City
Whereas, Schneider Council proposes to
-Land Surveying & dispose an interest in
Planning, . Inc. has the following described
prepared' and submit- real property to Rich
ted to the City Council 'Conlon, LLC:
a plat showing a Lot 2A of McGraw -Hill,
proposed vacated por- Key City Plating Replat
tion of Kerper Boule- in the City of Dubuque,
yard and assigned a lot Dubuque, County, Iowa
number thereto; which in the City of Dubuque,
hereinafter shall be Dubuque County, Iowa
known and described (abutting 2500 Kerper
as Lot 2A of McGraw- At the meeting, the
Hill, Key City Plating
Replat in the City of City Council will
Dubuque, Dubuque, receive oral and
County, Iowa in the written objections from
City of Dubuque, any' resident or
Dubuque County, Iowa, property -owner of said
should be-approved. Ci to the above
NOW THEREFORE, BE action. After all
IT RESOLVED BY THE j ojected s' e been
CITY COUNCIL OF THE re and cbee
CITY OF DUBUQUE,Jdered, the tCity Council
IOWA:
Section 1. That the
City of Dubuque
intends to vacate and
dispose. of its interest
in; Lot2A`• of McGraw -
Hill, 'Keji�' City Plating
1 Replat in the City . of
Dubuque, Dubuque;]
County, Iowa.
Section 2. That the
conveyance of Lot 7A'
of McGraw -Hill, Key
City Plating Replat, in with and governed by
the City of Dubuque, the provisions of
Dubuque,. - County;; Iowa Section 364.7 of the
to Rick Conlon,- LLC. Code of Iowa
be contingent upon the Copies of supporting
payment of $3915.00, documents for the
plus platting, publi- public hearings are on
cation, and filing fees. file in the, City Clerk's
Section 3. That the Office and may be
City Clerk be and 4s viewed during normal
hereby authorized And : working hours.
directed to cause a } Any visual or hearing
notice of', intent to impaired persons need -
vacate and dispose of ing special assistance
said real estate to be or persons with special
published, in the accessibility needs
manner " <as prescribed should contact the City
bylaw Clerk's Office at (563)
Passed, approved and 589 - 4120.. or TTY (563)
adopted this 6th dayaf 690 -6678 at least 48
August2012- hours prior to the
Roy, D Buol, Mayor meeting.
Attest Kevin S. Dated this 7th day of
Firnstahl, City Clerk September, 2012.
it 9/7 Kevin S. Firnstahl,
NOTICE OF A PUBLIC CMC, City Clerk
HEARING OF THE lit 9/7
may at this meeting or
at any adjournment
thereof, take additional
action for the
disposition of the City's
interest in such real
estate above, and
approve or abandon
the proposal. By order
of the City Council said
hearing and appeals
there from shall be
held in accordance
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: September 07, 2012, and for which the charge is $46.98.
Subscribed to before me, a I fary Public in and for Dubuque County, Iowa,
this /g{, day of
20/c2i
Notary Public in and for Dubuque County, Iowa.
MARY K, WESTERMEYER
00818511106 Number 164806
RESOLUTION NO. 211 -12
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST
IN A PORTION OF KERPER BOULEVARD, TO BE KNOWN AS LOT 2A OF
MCGRAW -HILL KEY CITY PLATING REPLAT IN THE CITY OF DUBUQUE,
DUBUQUE, COUNTY, IOWA
Whereas, Rich Conlon has requested the vacating and disposal of a
portion of Kerper Boulevard; and
Whereas, Schneider Land Surveying & Planning, Inc. has prepared and
submitted to the City Council a plat showing a proposed vacated portion of
Kerper Boulevard and assigned a lot number thereto, which hereinafter shall be
known and described as Lot 2A of McGraw -Hill, Key City Plating Replat in the
City of Dubuque, Dubuque, County, Iowa 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 vacate and dispose of its
interest in Lot 2A of McGraw -Hill, Key City Plating Replat in the City of Dubuque,
Dubuque, County, Iowa.
Section 2. That the conveyance of Lot 2A of McGraw -Hill, Key City Plating
Replat in the City of Dubuque, Dubuque, County, Iowa to Rick Conlon, L.L.C. be
contingent upon the payment of $3915.00, plus platting, publication, and filing
fees.
Section 3. That the City Clerk be and is hereby authorized and directed to
cause a notice of intent to vacate and dispose of said real estate to be published
in the manner as prescribed by law.
Passed, approved and adopted this 6th day of August 2012.
Roy D. Buol, Mayor
Attest Kevin S. Firnstahl, City Clerk
1 t 9/7
NOTICE OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, ON THE MATTER OF THE INTENT TO DISPOSE OF AN
INTEREST IN REAL PROPERTY
PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque,
Iowa, will hold a public hearing on the 17th day of September, at 6:30 p.m. in the
Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at which meeting
the City Council proposes to dispose an interest in the following described real
property to Rich Conlon, LLC:
Lot 2A of McGraw -Hill, Key City Plating Replat in the City of Dubuque,
Dubuque, County, Iowa in the City of Dubuque, Dubuque County, Iowa
(abutting 2500 Kerper Blvd.)
At the meeting, the City Council will receive oral and written objections from any
resident or property owner of said City to the above action. After all objections
have been received and considered, the City Council may at this meeting or at
any adjournment thereof, take additional action for the disposition of the City's
interest in such real estate above, and approve or abandon the proposal. By
order of the City Council said hearing and appeals there from shall be held in
accordance with and governed by the provisions of Section 364.7 of the Code of
Iowa.
Copies of supporting documents for the public hearings are on file in the City
Clerk's Office and may be viewed during normal working hours.
Any visual or hearing impaired persons needing special assistance or persons
with special accessibility needs should contact the City Clerk's Office at (563)
589 -4120 or TTY (563) 690 -6678 at least 48 hours prior to the meeting.
Dated this 7th day of September, 2012.
Kevin S. Firnstahl, CIVIC
City Clerk
f[ I 111007rl
THE MY OF C-77�
D-U-BLN��UE- Kerper Boulevard DAGIS,J "' "" '
DISCLAIMER: This Information was compiled
using the Dubuque Area Geographic l.f.ran.ti- System
(CAGIS), whlch Includes data Created by both the City of Map Prepared by:
Dubuque and Dubuque County. It 1, understand that, while
t
11, Cl�_l D,b,q,, accurate "d participating gendes utilized the City of Dubuque
rn. st current and warrant rf.rrr.t'.n DAGIS and Engineering Division
It's suppliers do net — nt the accuracy or turr.nry of the 1 inch 200 feet
The 50 West 13th Street
able for Y direct, indirect, incidental,
sequential, punitive, or op-1.1 d— gas, whether far ...able or Dubuque, Iowa 52001
unforeseeable, arising out of the authorized or unauthorized use of 100 50 0 100 200 300 Feet Phone: (563) 589-4270
Information rd.t. contained d herein. T , City and p,rt1dp,t1ng E
agencies shall at be held 11 an
this date or the inability to use this data or out of any breach of
warranty h.to_er. S Fax: (563) 589-4205
Prepared by: SCHNEIDER Land Surveying and Planning,Inc. P.O.Box 128 Farley,Iowa 52046 Ph #563- 744 -3631
PLAT OF SURVEY
LOT 2A OF MCGRAW -HILL, KEY CITY PLATING REPLAT
IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA.
/LOTRLY CORNER----._ ST 9
PROPRIETOR: MCGRAW -HILL, 9FFQQS
CITY OF DUBUQUE KEY CITY
PLATING REPLAT
SURVEY REQUESTED BY: FOUND 1/2" �%•
ANDERSON DESIGN AND REBAR o° Y S
CONSULTING, INC. D
c/o JERRY ANDERSON n- i `S6 • ah� 0. \r
`�y ^' v Ss. a , �O. O° �S • mac, : L`" \ N�o U'N \2fl
0
��i~ \ N• \ m LOT 1 -2 -4,
aO D B N' o \gym RIIVERKFRONT
���
m
\�SUB NO.5 ION
;S
ET MAG v ��
V? SET �Q �! p�oo REBAR /w/ \ ��' s.\\J A.
NAIL YELLOW CAP
(TYP.) f?�,o 'moo° #14417 (TYP.) \
FOUND
0.
PIPE
9° �9 %S, \ #4B50P .
° LOT 2A. ° ti
MCGRAW —HILL, KEY CITY
a° PLATING REPLAT IN
THE CITY OF DUBUQUE, o
o� DUBUQUE COUNTY, IOWA �1 o
2700 SO. FT. ��93 °
LLJ
W'ERLY CORNER McGRAW- HIOLL. 2KEY CITY U
LOT 2, PLATING REPLAT IN \v Cn
MCGRAW -HILL, THE CITY OF DUBUQUE, N�
KEY CITY DUBUQUE COUNTY, IOWA n H
Lo
PLATING REPLAT
FOUND BOLT w/ \ a
WASHER IN CONC. Cr
co
SURVEY DESCRIPTION - LOT 2A. MCGRAW -HILL. KEY CITY PLATING
REPLAT IN THE CITY OF OUBUQUE.DUSUQUE COUNTY. IOWA o
Part of Kerper Boulevard adjacent to Lot 2 of McGraw -Hill, Key City Plating
Replant in the City of Dubuque, Dubuque County, Iowa, more particularly described
as follows: Commencing at the northerly corner of Lot 2 of McGraw -Hill, Key
City Plating Replat in the City of Dubuque, Dubuque Countyy, Iowa; thence
S31 25'55'W. 102.00 feet along the west line of said Lot 2 to the point of
beginning: thence continuing S31'25'55 "W, 90.00 feet; thence N58'34'05 "W,
30.00 feet; thence N31'25'55 "E, 90.00 feet; thence S58'34'05'E, 30.00 feet
to the point of beginning containing 2700 square feet.
I hereby certify that this land surveying document was SCHNEIDER
prepared and the related survey work was performed
°0O LAND S f by me under my dir t personal supervision and that Land Surveying
sJ �� G9 I a ly license L Surveyor under the laws of 6
�a VX s e stat of w Planning. Inc.
v DAVID P.
SCHNEIDER P.O 128
014417 . a Farle 52
045
- 744 -3631 563
- Fax 563 - 744 -3529
Dav1 P. Schneider P.L.S. #14417 ate:
IOWA �� My license renewal date is December 31, 2013. Project: 1713
Pages or sheets covered by this seal: THIS SHEET ONLY Date: 7/23/2012
Sheet: —1 of 3
Sheet 2 of 3
OWNER'S CONSENT
Dubuque, Iowa
2012
The foregoing plat of Lot 2A of McGraw -Hill, Key City Plating Replat in the City of Dubuque,
Dubuque County, Iowa, is made with the free consent and in accordance with the desires of the
undersigned owner and proprietor of said real estate.
City of Dubuque, Iowa
Roy D. Buol - Mayor
Clerk of the City of Dubuque
State of Iowa )
) ss:
County of Dubuque )
On this day of , 2012, before me, a Notary Public in and for the State of
Iowa, personally appeared Roy D. Buol and , to me personally known, and
who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of
Dubuque, Iowa; that the seal affixed to the foregoing instrument is the Corporate seal of the City of
Dubuque, Iowa, and that said instrument was signed and sealed on behalf of the said City of Dubuque,
Iowa, by authority of the City Council of said city, and the said Roy D. Buol and
acknowledged the execution of said instrument to be the voluntary act and
deed of said City of Dubuque, Iowa, by it voluntary executed.
Notary Public in and for the State of Iowa
My Commission Expires
CITY ASSESSOR
Dubuque, Iowa 2012
The forgoing plat was entered of record in the office of the Dubuque City Assessor this
day of .2012.
City Assessor of Dubuque, Iowa