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Barry Street vacation request i5~~~E ~~~ 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 (-~ 5~~~E ~~~ 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 ~ NORTH BARRY STREET VACATE VICINITY MAP 200 GRAPHIC SCALE 100 0 100 200 - -- - - - - DRAWING MAY HAVE BEEN REDUCED 1 INCH = 200 FEET - - - - - -L_ - --- - - - ------- - ----1 I I I I I I / /' I I ----------~ ----------, I I I \ ~ I ~ --------- ~ - - BARRY-ST r-- / I I L ---- I -- I I --~ VACATE AREA I I \ \ I I \ I I \ / 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 and 2-1, part Lot of Vacated af Barry Street \ \"'1, \'"' \ \ \ \"0 \ 'p ~\\~ \ -- ~ \ ~ \ '" ~-!!.o.~,-______ ~ ,';J,. LOT 1 . ~. ~ ~ ~-t. \ . . ,,"\$.. ~ ~ \. AREA = 8549._--SF~:/ ,V''''. .~, /// #1 ~~ ~\ -- ~-\ /. ~""P 0.\ _.--- '?;~~9\ "" 9~. ~/\l.f... J. -' /- o~ ,:>']'0/// q;' ~ \..... t? \ .-/ \1'). ,,1:/ . /....'-' eo. ,_____ ,--/ 't'<~ /"//.~"l-'\ ............x..\..\. / -' \ ROW '1- \ .-,," ':Jq; .....-...." s",<r: _~-.-.- \ I" '6" ~ \- ~. " "/"....s" // ....z.. \"'.. \ 0 p. .~ 10 /" 11. 0'<,,'1.':>']'1. ..-.- 0 \~ \ I ~ ~~ - ,,/ sx..\ ,_// 1.,,1. \~.. \ 0_ -:\ \~ "o~\ _ \ .~ ~ 20' ~BUC \..O",:>aD1 \ ?, / ~\\ })lUTY EA....'NT ~ \\ SCALE c..."O ....~ / LOT 2 .1" -- 1-_ \ ~ P. \ Y'"~ ~ ~ A \ <').~ ~\AREA= \ -;:; \ '"'. <> ..\ o. -v .~\ ~\ "b \ '1b ~~ ~~9& \~\ ~ -'\ ..,.0 \ 'f.~~"'" ",. -' ,-, ,0' ...,"", DETAIL NO-SCALE \ \1b~ \ ~. \ \ \ \ \ \ \ \ \ \ \ \ \ \ "'1,\ '"' \ \ -z.\ p'-b \ iJ) 6\ ~,~\ ~ ~~ ~ -%-\ ~ ~ ,. 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 I 80 I IN FEET LEGEND . fOUND 1~ CAR AXLE @) FOUND 1/2" IRON PIPE . o 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_<- '-_ -sL.< ' (DATC' "s~J),t'G ENC1NEEICS AND SURYEYORS 1212 LOCUST ST. ll<J8UQUE..... (55J) 555-4Jl19 ~\\\\\\"\\L\l~~~~I/f111111/. ~ .....'OU ;z ~~'V.......~~ ~t~J~ SHE['~-. <:8V,>.,[[:. OJ" 1h~" 5L A. ~--~~-~-- DRAWI\ BY Jet- SURvt.~ DATE 4/21/0f Dwe "iC- 06G7;'_~O CHECKED BY TLK PLOT OAr 5/1::'/OE SCAL~ 4'. S"l~[ ~ r X , I .1 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 ~ 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