Barry Street vacation request
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MEMORANDUM
May 30, 2006
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Petition to Vacate a Portion of Barry Street
In response to a request from David O. Neyens and John J. and Frances M.
McDonough to vacate a portion of Barry Street from Roosevelt Street northeasterly to a
public alley in the City of Dubuque, City Engineer Gus Psihoyos states that the City has
no plans for the utilization for that portion of Barry Street, recommends that a fee be
established at $400 for each party to cover the cost of processing, publication and filing,
and that a public hearing be set for June 19, 2006.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
(l1J ~~
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psi hoyos, City Engineer
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MEMORANDUM
May 24, 2006
TO:
Michael C. Van Milligen, City Manag;h
Gus Psihoyos, City Engineer ~ ~
SUBJECT: Petition to Vacate a Portion of Barry Street
FROM:
INTRODUCTION
This is in response to a request from David O. Neyens and John J. and Frances
M. McDonough for the vacating of a portion of Barry Street from Roosevelt Street
northeasterly to a public alley in the City of Dubuque, Dubuque County, Iowa.
BACKGROUND
The attached plat shows the area proposed to be vacated. The abutting
properties are owned by David O. Neyens and John J. and Frances M.
McDonough. Barry Street has never been open to traffic and has been utilized
as yards and maintained by the abutting owners for many years. The remainder
of Barry Street right-of-way east of the proposed vacating is in terrain too steep
to develop as it is currently platted. Irvin Behnke, who owns property on both
sides of the remainder of Barry Street, has verbally consented to the proposed
vacating. The City will reserve a 20-foot wide easement along the center of the
area being vacated for future utilities.
DISCUSSION
The City has no plans for the utilization of Barry Street from Roosevelt Street
northeasterly to a public alley proposed to be vacated. Donald O. Neyens and
John J. and Frances M. McDonough have each agreed to pay the City $300 plus
publication and filing fees of $100.
I would recommend that the areas indicated by the northwesterly one-half of
Barry Street and the southeasterly one-half of Barry Street in the City of
Dubuque, Iowa, 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 June 19, 2006. I
would further recommend that the fee be established at $400.00 for each party to
cover the cost of processing, publication, and filing.
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 Ronald Turner, PLS
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NORTH
BARRY STREET VACATE
VICINITY MAP
200
GRAPHIC SCALE
100 0 100
200
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- - - -
DRAWING MAY HAVE BEEN REDUCED
1 INCH = 200 FEET
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VACATE AREA
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PREPARED BY: BUESING & ASSOCIATES
ADDRESS: 1212 LOCUST STREET, DUBUQUE, IOWA
PHONE: 563 556-4389
LOTS 1
Plat of Survey of:
& 2 OF BARRY SUBDIVISION
2
NO.
in the City of Dubuque, Dubuque County, Iowa
Comprised of:
Subdivision
Lot
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part
Lot
of Vacated
af Barry
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,. ALL totEASUREtotENTS ARE IN FEET AND DEOtotALS THEREOf.
2 PROPRIETER Of" LOT 2-1: JOHN J. totcDDNOUGH.
2 PROPRIETER OF LOT 1-2-2: DAVID O. NEYENS.
3 SURVE'r'E:D REQUESTED BY: GARY McDONOUGH &: DAVE NEYENS.
4. TOTAL AREA OF SURVEYED PROPERTY IS 1608S SQ. FT.
5. THIS PLAT IS SUBJECT TO ALL EASEMENTS Of" RECORD
AND NOT OF RECORD.
1-2-2, both
Barry
lliill
THIS SURVEY IS lOCATED IN THE SW1/4 OF
SECTiON 7, T89N, R3E OF THE 5TH P.M., IN THE
CITY DF DUBUQUE, DUBUQUE COUNTY. IOWA
BARRY STREET (50' ROW)
20
40
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FEET
LEGEND
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fOUND 1~ CAR AXLE
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FOUND 1/2" IRON PIPE
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FOUND ," IRON PIPE
PLACED 5/8" IRON REROD W/ORANGE
PLASTIC CAP 615487
SURVEY BOUNOARY
PROPERTY LINE
- - - - - CENTERLINE
._n_____hn__Un_n.. SUBDIIJIDED LINE
_ _ ~01f- _ _ RIGHT OF WAY
() RECORD DIMENSION
SF SQUARE FEET
I HEREBY CERTIFY THAT THIS LAND SURV(YlNG DOCUMENT WAS
PREPARED AND THE RELATED SURVEY WORK WAS PERFOR~ED BY totE OR
UNDER ~Y DIRECT PERSONAL SUPERVISION AND THAT I A~ A DULY
AND SU YOR UNDER THE LA~OF THE STATE OF IOWA
J '. oS /2 J_<-
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(DATC'
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ENC1NEEICS AND SURYEYORS
1212 LOCUST ST. ll<J8UQUE.....
(55J) 555-4Jl19
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DRAWI\ BY Jet-
SURvt.~ DATE 4/21/0f
Dwe "iC- 06G7;'_~O
CHECKED BY TLK
PLOT OAr 5/1::'/OE
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Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO. 218-06
RESOLUTION APPROVING PLAT OF SURVEY OF BARRY SUBDIVISION
NO.2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque,
Iowa, a plat dated May 12, 2006, prepared by Buesing and Associates, describing the
proposed vacated portion of Barry Street from Roosevelt Street northeasterly to a public
alley in Barry Subdivision No.2, in the City of Dubuque, Dubuque County, Iowa.
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 May 12, 2006, prepared by Buesing and
Associates, 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. That the City Clerk be and is hereby authorized and directed to file
said plat and a certified copy of this resolution in the office of the Recorder, in and for
Dubuque County, Iowa.
Passed, adopted and approved this 5th day of June, 2006.
Ann E. Michalski
Mayor Pro-Tern
Attest:
Jeanne F. Schneider, CMC, City Clerk
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Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
Return to: Ronald J. Turner, City of Dubuque, 50 W 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO. 219-06
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST
IN NORTHWESTERLY ONE-HALF OF BARRY STREET AND THE
SOUTHEASTERLY ONE-HALF OF BARRY STREET IN BARRY SUBDIVISION
NO.2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, David O. Neyens and John J. and Frances M. McDonough have
requested the vacating and disposal of a portion of Barry Street from Roosevelt Street
northeasterly to a public alley in Barry Subdivision No.2, in the City of Dubuque,
Dubuque County, Iowa.
Whereas, Buesing and Associates has prepared and submitted to the City
Council a plat showing the proposed vacated portion of Barry Street from Roosevelt
Street northeasterly to a public alley, as shown in the Plat of Survey of Barry
Subdivision No.2, in the City of Dubuque, Iowa; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends vacate and dispose of its interest
in the northwesterly one-half of Barry Street in Barry Subdivision No. 2 in the City of
Dubuque, Iowa, to John J. and Frances M. McDonough.
Section 2. That the City of Dubuque intends to vacate and dispose of its
interest in the southeasterly one-half of Barry Street in Barry SubdivisiDn No. 2 in the
City of Dubuque, Iowa, to David O. Neyens.
Section 3. That the conveyance of the northwesterly one half and
southeasterly one half of Barry Street in Barry Subdivision NO.2 to John J. and Frances
M. McDonough and David O. Neyens, respectively be contingent upon the payment of
$300, plus platting, publication and filing fees ($100) by each party.
.
Section 4. That the City Clerk be and is hereby authorized and directed to
cause and notice to intent to vacate and dispose of said real estate in the manner as
prescribed by law.
Passed, adopted and approved this 5th of June, 2006.
Ann E. Michalski
Mayor Pro-Tern
Attest:
Jeanne F. Schneider, CMC, City Clerk
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO.
RESOLUTION DISPOSING OF CITY INTEREST IN THE
NORTHWESTERLY ONE-HALF OF BARRY STREET AND THE
SOUTHEASTERLY ONE-HALF OF BARRY STREET IN BARRY SUBDIVISION
NO.2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, pursuant to resolution and published notice of time and place of
hearing, published in the Telegraph Herald, a newspaper of general circulation
published in the City of Dubuque, Iowa on this _ day of , 2006,
the City Council of the City of Dubuque, Iowa met on the day of
, 2006, at 6:30 p.m. in the Public Library Auditorium, 360 West 11
Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of
real estate described as:
The Northwesterly One-Half of Barry Street and the Southeasterly One-
Half of Barry Street all in Barry Subdivision NO.2 in the City of Dubuque,
Dubuque County, Iowa
Whereas, the City Council of the City of Dubuque, Iowa overruled any and
all objections, oral or written to the proposal to dispose of the interest of the City
of Dubuque, Iowa, except for easements shown on said Plat of Survey of Barry
Subdivision No.2, in the hereinabove described real estate.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the disposal of the interest of the City of Dubuque,
Dubuque County, Iowa, in the real property described as the Northwesterly One-
Half of Barry Street in Barry Subdivision NO.2 in the City of Dubuque, Dubuque
County, Iowa to the John J. and Frances M. McDonough be and the same is
hereby approved for the sum of $400.00. Conveyance shall be by Quit Claim
Deed.
May 25, 2006
Honorable Mayor and City Council
50 West 13th Street
Dubuque, Iowa 5200 I
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 abutting our property at 2455 & 2459 Roosevelt Street. We plan to use the vacated
property for off street parking.
We have contacted Ron Turner from the City Engineering Department and he has
indicated a favorable condition for the vacating. He also indicated that we needed to get
the property surveyed and to add an easement reserved for utilities.
We have completed the survey in compliance with the City standards of vacating a
portion of the street at our expense. It is our understanding that the fee for the land being
vacated would cost each of us $400.00 plus publication and filing fees.
If you should have any further questions, please call Deb McDonough at Buesing &
Associates to assist you.
Thank you for your consideration of this request.
~ JrJ"~r,wL
John McDonoug; ""'7 .
2459 Roosevelt Street
Dubuque,IA 52001
David Neyens
2455 Roosevelt Street
Dubuque,IA 52001