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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 JJB ARCHITECTURE CIVIL ENGINEERING CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING LAND SURVEYING MUNICIPAL ENGINEERING STRUCTURAL ENGINEERING TRANSPORTATION ENGINEERING PL AT NO. 4 —IA -13 CHECKED CLG PROJ. NO. 12218 DATE 2 -5 -13 SHEET 1 of 2 P: \12\ 218\ 218 -04 \DRAWINGS \SURVEY \12218- 04VACA ON