Request to Vacate University Avenue_MRJD PropertiesMasterpiece on the Mississippi
Dubuque
kital
All- America City
II h/
2012
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacating Petition University Avenue Extension - MRJD Properties, L.L.C.
DATE: March 13, 2013
In response to a request from MRJD Properties, L.L.C., to vacate a portion of University
Avenue Extension adjacent to Iowa Auto Glass at 2796 University Avenue, City
Engineer Gus Psihoyos states that the City has no plans for the utilization of that portion
of University Avenue Extension, except for reserving the storm and sanitary sewer
easements as noted. City Engineer Gus Psihoyos recommends approval of the request
to vacate for a purchase price of $23,477.00, plus platting, publication and filing fees,
and recommends that a public hearing be set for April 1, 2013, on the disposal of this
property.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
brit44
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
Masterpiece on the Mississippi
Dubuque
AI- America Ply
2012
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Vacating Petition University Avenue Extension — MRJD Properties, L.L.C.
DATE: March 12, 2013
INTRODUCTION
This is in response to a request from MRJD Properties, L.L.C., for vacating a portion of
University Avenue Extension adjacent to Iowa Auto Glass at 2796 University Avenue.
MRJD Properties, L.L.C. has purchased a portion of the Iowa Auto Glass property which
abuts the proposed vacate area.
DISCUSSION
The attached plat shows the area proposed to be vacated. The abutting property is
owned by MRJD Properties, L.L.C. The area to be vacated is platted into one lot and is
described as Lot 2A University Extension Place in the City of Dubuque, Iowa. Said Lot
2A is a portion of excess right of way on which a public storm sewer and sanitary sewer
exist. Perpetual easement rights will be reserved on all of Lot 2A for maintenance of the
existing storm and sanitary sewers.
Due to reserving easements for existing storm and sanitary sewer on the proposed area
to be vacated, the property has been valued at $3.08 per square foot for a total value of
$23,477.00.
RECOMMENDATION
With the exception of reserving the storm and sanitary sewer easements as noted on
the Rat of Survey of Lot 2A University Extension Place, the City has no plans for the
utilization of this portion of University Avenue Extension proposed to be vacated.
I am recommending that the Rat of Lot 2A University Extension Place in the City of
Dubuque, Iowa be approved and the area indicated by said Lot 2A University Extension
Place in the City of Dubuque, 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 April
1, 2013. Furthermore, I am recommending that the purchase price be established at
$23,477.00 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 scheduled on the disposal of the property through adoption of the enclosed
resolutions.
Prepared by Ron Turner, PLS
2
RESOLUTION NO. 90 -13
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST
IN LOT 2A UNIVERSITY AVENUE EXTENSION PLACE IN THE CITY OF
DUBUQUE, IOWA
Whereas, MRJD Properties, L.L.C. has requested the vacating and
disposal of a portion of University Avenue Extension Right of Way; and
Whereas, IIW, P.C., has prepared and submitted to the City Council a plat
showing a proposed vacated portion of University Avenue Extension Right of
Way and assigned a lot number thereto, which hereinafter shall be known and
described as Lot 2A University Extension Place in the City of Dubuque, 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 University Extension Place in the City of Dubuque, Iowa.
Section 2. The City of Dubuque reserves unto itself a perpetual
easement including the right to ingress and egress thereto, for the purpose of
erecting, installing, constructing, reconstructing, repairing, owning, operating, and
maintaining sanitary sewer and storm sewer as may be authorized by the City of
Dubuque, Iowa, as shown on the Plat of Survey of Lot 2A University Extension
Place in the City of Dubuque, Iowa.
Section 3. That the conveyance of Lot 2A University Extension Place in
the City of Dubuque, Iowa to MRJD Properties, L.L.C. be contingent upon the
payment of $23,477.00, plus platting, publication, and filing fees.
Section 4. 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 18th day of March
Attest:
Kevi► S Firnstahl, Clerk
g- Roy D. Buol, Mayor
, 2013.
CITY OF DUBUQUE,
IOWA
OFFICIAL NOTICE
NOTICE OF A PUBLIC
HEARING OF THE
CITY COUNCIL OF
THE CITY OF DUBU-
QUE, IOWA, ON THE
MATTER OF THE IN-
TENT 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 1st day of April, 1
2013 at 6:30 p.m. in the I
Historic Federal Build-
ing, 350 West Sixth
Street, Dubuque, Iowa,
at which meeting the -
City Council proposes
to vacate and dispose .'
of an interest in the fol-
lowing described real I
property to MRJD Prop-
erties, LLC:
A portion of Universi-
ty Avenue Extension to
be known as Lot 2A
University Extension
Place in the City of Du-
buque, Iowa
At the meeting, the
City Council will re-
ceive oral and written
objections from any
resident or property
owner of said City to
the above action. After
all objections have
been received and con-
sidered, the City Coun-
cil may at this meeting
or at any adjournment
thereof, take additional
action for the disposi-
tion of the City's inter-
est in such real estate
above, the approval of
the measure, or will
abandon the proposal.
By order of the City
Council said hearing
and appeals there from
shall be held in accord-
ance with . and gov-
erned by the provisions
of Section 364.7 of the
Code of Iowa. This no-
tice is given by order of
the City Council of the
City of Dubuque, Iowa,
as provided by Chapter
403 of the Code of 10-
wa. _
Copies of supporting
documents for the pub-
lic hearings are on file
in the City Clerk's Of-
fice and may be
viewed during normal
working hours.
Any visual or hearing
impaired persons
needing special assis-
tance 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 22nd day of
March, 2013
Kevin S. Fimstahl,
CMC, City Clerk
1t 3/8 _.
RESOLUTION NO.
90-13
RESOLUTION OF IN-
TENT TO VACATE
AND DISPOSE OF
CITY INTEREST IN
LOT 2A UNIVERSITY
AVENUE EXTENSION
PLACE IN THE CITY
OF DUBUQUE, IOWA
Whereas, MRJD Prop-
erties, LLC has re-
quested the vacating
and disposal of .a por-
tion of University. Ave-
nue Extension Right of
Way; and
Whereas, IIW, P.C„
has prepared and sub-
mitted to the City
Council a plat showing
a proposed vacated
''portion of University
Avenue Extension
Right of Way and as-
signed a lot number
thereto, which herein-
after shall be known I
and described as Lot
2A University Extension
Place in the City of Du-
buque, Iowa, should be
approved.
NOW THEREFORE, BE
IT RESOLVED BY THE
CITY COUNCIL OF THE
CITY OF DUBUQUE, 10-
WA:
Section 1. That the
City of Dubuque in-
tends to vacate and
dispose of its interest
in Lot 2A University Ex-
tension Place in the
City_of Dubuque, Iowa.
Section 2. The City or
Dubuque reserves unto
itself a perpetual ease-
ment including the
right to ingress and
egress thereto, for the
purpose of erecting, in-
stalling, constructing,
reconstructing, repair-
ing, owning, operating,
and maintaining sani-
tary sewer and storm
sewer as may be au-
thorized by the City of
Dubuque, Iowa, as
shown on the Plat of
Survey • of Lot 2A Uni-
versity Extension Place .
in the City of Dubuque,
Iowa. •
Section 3. That the
conveyance of Lot 2A
• University Extension
Place in the City of Du-
buque, Iowa to MRJD
Properties, L.L.C. be
contingent upon the
payment of $23,477.00,
plus platting, publica-
tion, and filing fees.
Section- 4. That the
. City Clerk be and is
hereby authorized and
directed to cause a no-
tice of intent to vacate
and dispose of said re-
al estate to be publish-
ed in the manner as
prescribed by law.
Passed, approved and
adopted this 18th day
of March, 2013.
Roy D. Buol, Mayor
Attest: Kevin S.
Firnstahl, CMC, City
Clerk
It 3/22
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: March 22, 2013, and for which the charge is $51.79.
Subscribed to before m a Notary Public in and for Dubuque County, Iowa,
this a3'24r day ofyj4„a , 20 /3 .
Notary Public in and for Dubuque County, Iowa.
K.
E,. ,
THE CITY OF
DUB
Masterpiece on the Mississippi
University Avenue Extension Vacate
Dubufue Mattress
DAGIS
DUBUQUE AREA C.aGRAPHIC INFCaMATION
DISCLAIMER: This Information was compiled
sing the Dubuque Area Geographic Information System
(DAGIS), which Includes data created by both the City of
Dubuque and Dubuque County . It Is understood that, while
the CIty of Dubuque and participating agencies utilized the
most current and accurate Information available, DAGIS and
It's suppliers do not warrant the accuracy or currency of the
Information or data contained herein. The City and participating
agencies shall not be held liable for any direct, Indirect, Incidental,
usequential, punitive, or special damages, whether foreseeable or
nforeseeable, arising out of the authorized or unauthorized use of
this data or the Inability to use this data or out of any breach of
warranty whatsoever.
100
1 inch = 120 feet
50
0
100 Feet
N
W E
S
Map Prepared by:
City of Dubuque
Engineering Division
50 West 13th Street
Dubuque, Iowa 52001
Phone: (563) 589 -4270
Fax: (563) 589 -4205
PREPARED BY: IIW, P.C.
4155 PENNSYLVANIA AVE
1 i liii III IIII liii Iii II iiiiiiii
Doc ID 007639560009 Type GEN
Kind: SURVEY PLAT
Recorded: 03/08/2013 at 03:18:59 PM
Fee Amt: $47.00 Page 1 of 9
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
Fi1e2013- 000043/ %
1
DUBUQUE, IOWA (563) 556 -2464
PLAT OF SURVEY
LOT 2A OF UNIVERSITY EXTENSION PLACE, IN THE CITY
OF DUBUQUE, IOWA
_.ri�ralullllulnn�,._
NORTH
GRAPHIC SCALE
0 40
80
1" = 40'
DRAWING MAY HAVE BEEN REDUCED
N43'37'21 "E 30.86'
(N 43'38'03 "E)
N20'39'47 "E 48.00'
(N 20'40'29"E)
N68'55'57 "W 29.72'
(N68'55'15 "W)
SW CORNER
LOT 2
o p,RT OF ■ 01
LO
1 ML_23/
2 M`_ 238
S83.55,51 "E
69.77'
(583 °55'Q9 »E)
LOT 2A
7,610 SQ. FT.
N83 °55'51 "W 87.59'
(N83'55'09 "W)
C)
O
01
0
N
O
rTi
NO4 •48'39 "W 48.50'
(N04•47'57 "W 48.63')
266.64'
66 64 LINE - -- -� 2
S F LOT W
SOUTH LINE
�S84•31 06
,
S81'57'54 „W 473.56'
LEGEND
P 01 2 ()?- 237
22-47--2”
p,R1 OF LOT
P.O.B.
Z
C
rn
-64 Z..�
® ›
Z m
v
C
rn
206.92',
(207.25 )
473.88')
US HIGHWAY 20
NOTE
ENTIRE LOT 2A IS PROPOSED TO
BE COVERED BY A SANITARY AND
STORM SEWER EASEMENT
NOTE
UNIVERSITY AVENUE EXTENSION R.O.W. IS SHOWN PER
IOWA D.O.T. ACQUISITION PLAT FOUND IN WARRANTY
DEED (DOCUMENT #2005 -5401)
PROPRIETOR: CITY OF DUBUQUE
SURVEYED FOR: CITY OF DUBUQUE
DATE OF SURVEY: JANUARY 28, 2013
PLAT BOUNDARY
SE
CORNER
LOT 2
5/8"
NO CAP
- — LOT LINE
® FOUND R.O.W. RAIL
▪ FOUND IRON REBAR (SIZE
AND CAP AS NOTED)
O SET 5/8" IRON REBAR W/
ORANGE PLASTIC CAP NO.
20999
( ) RECORD INFORMATION
P.O.B. POINT OF BEGINNING
R.O.W. RIGHT OF WAY
NOTE
THIS SURVEY IS SUBJECT TO
EASEMENTS, RESERVATIONS,
RESTRICTIONS AND RIGHTS -OF -WAY
OF RECORD AND NOT OF RECORD.
`����m IIIIIIU//,,
\OW,q
JEFFREY J.
BRANDT
= LS 20999;
ti
,SJ�` \ \.
///0 /IL
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 A DULY LICENSED LAND
SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA.
FOR IIW, P.C.
JEF . B DT
LICENSE NO. 20999
- .(( -13
DATE
MY LICENSE RENEWAL DATE IS 12/31/2013
PAGES OR SHEETS COVERED BY THIS SEAL
SHEETS 1 AND 2
IIW, P.C.
•
IIW
INTEGRITY.EXPERTISE.SOLUTI ONS
www.iiwengr.corn 800.556.4491
DRAWN
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CONSTRUCTION SERVICES
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AT NO. 4 —IA -13
CHECKED CLG
PROJ. NO. 12218
DATE 2 -5 -13
SHEET 1 of 2
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ON