Plat Survey N. Dubuque
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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 the Plat of North Dubuque
In response to a request from Arnie Van Etten, representing James A. and Shirley A.
Christensen, to vacate a portion of the plat of North Dubuque in the NE 1/4 of Section
12, T89N, R2E, 5th P.M., City Engineer Gus Psihoyos states that the City has no plans
for the utilization of the streets or alleys in the area proposed to be vacated. The
properties abutting the streets to be vacated are owned by James and Shirley
Christensen and the Ernest H. Madison Revocable Trust. The City Attorney has agreed
that the City has no ownership in the streets and alleys since this area was platted
outside the City limits and no improvements to said streets and alleys were made.
City Engineer Gus Psihoyos recommends City Council approval of the requested
vacation, recommends that the fees be established at $400 for each party to cover the
cost of processing, publication and filing, and that a public hearing be set for July 5,
2006.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
C~
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jIlt" I (~'11 ~ --
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
'HEClTYOE ~
DUB E
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MEMORANDUM
May 24, 2006
FROM:
Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer _ 0
TO:
SUBJECT: Petition to Vacate a Portion of the Plat of North Dubuque
INTRODUCTION
This is in response to a request from Arnie Van Etten, representing James A. and
Shirley A. Christensen for the vacating of a portion of the plat of North Dubuque
in the NE Yo of Section 12, T89N, R2E, 5th P.M., in the City of Dubuque, Dubuque
County, Iowa, which includes platted streets and alleys.
BACKGROUND
The request to vacate a portion of the official plat of North Dubuque and
accompanying Plat of Survey of the affected areas are attached. North Dubuque
was platted in 1891 and included the dedication of streets and alleys. However,
no street or alley improvements have been made in the platted area proposed to
be vacated.
The properties abutting the streets to be vacated are owned by James and
Shirley Christensen and the Ernest H. Madison Revocable Trust. The Kintzinger
Law Firm has contacted all the property owners within North Dubuque that are
within 300 feet of the proposed vacating and will notify them again once the
public hearing date has been established as per Iowa Code Chapter 354.22.
The entire area to be vacated has been surveyed and platted as required for the
County Auditor for taxation purposes.
DISCUSSION
The City has no plans for the utilization of the streets or alleys in the area
proposed to be vacated. The City Attorney has agreed that the City has no
ownership in the streets and alleys since this area was platted outside the City
limits and no improvements to said streets and alleys were made. Christensen
and Madison have agreed to pay the City $400 for processing, publication, and
filing fees.
I would recommend that the areas indicated by Lots 413-A, 598-A, and 598-B all
in North Dubuque Subdivision 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 July 5, 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 vacating and disposal of the property
through adoption of the enclosed resolutions.
Prepared by Ronald Turner, PLS
cc: Barry Lindahl, City Attorney
Ronald Turner, PLS
~
NORTH
VACATE PLAT
PORTION OF NORTH DUBUQUE 600
ROOSEVELT
-0
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. VACATE AREA
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GRAPHIC SCALE
300 0 300
600
- --
- - - -
DRAWING MAY HAVE BEEN REDUCED
1 INCH'" 600 FEET
CHRISTENSEN / MADISON
PREPARED BY:
BUESING & ASSOCIATES
ADDRESS: 1212 LOCUST STREET
DUBUQUE, IOWA
PHONE:
563556-4389
PLAT OF SURVEY OF LOTS 413-A, 598-A AND 598-B OF NORTH DUBUQUe, BEING A VACATION OF lOTS
177 TO 212, 215 TO 218, 221 TO 224, 227 TO 230, 233 TO 386, 389 TO 412, 419 TO 472, 533 TO 598,
INCLUDING STREETS & ALLEYS, ALL INCLUSIVE, IN NORTH DUBUQUE, ALL LOCATED IN THE NE1/4, SECTION 12,
T89N, R2E OF THE 5TH P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
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THE SE ~llRNf;. IT 10<[
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TS,,",R2.
I HCRt:iY ~rRTln THAT nll~ ~""'D ~URVHING D[]CU~ENl 'liAS
PI1(PAI1ED ....D lH~ RELATED SUFivn "OR~ "AS PERf'ORMEP n ~E OR
... ~Y DIRECT PERSONAL SUPE~VISI[]N .ND THAT I AM A DUU
CE ED LANP SUl1vnOI1 UNDER THE lA\lS QF' THE SlATt or IO"A
=
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J. ,"",V[TtD R[PIJ[STLO 8" .-[S A. ""."TENSrN
'.TOT.L_.OF'Pr~TM[TrRSUl!VnrnIS61.."ACRE'
~. THIs PUT Is 'U8XCl m....L EA'D'-:"TS OF' RECDRD
AND ,..n OF' .[ClIlD.
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1URVE:.""-SSI~TUIl[lNPlIl....E:IN",ITlSAC[IP.
...n....COI<lAIN'""""'-!1_lZED...1E...TIOI<S
HIE cr.Tlnt.HEl< CONTAlNED!.J< THIS PLAT
SHALL 00:), APP~Y TO ANY COI'lrs
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SHEETS I ~ <
B'J,~!I.r~G
ENCINEERS AND SURYEYfJRS
12'2 LOCUST ST, OUBUOlJ~, '"
DRA"N 8"JCH tHECKEDn'Jl"
SUIIVnDATE'<I</Oo PLD'1IA1(,4/4/1I6
...... Ill. ..... SCALE, ]' . ,,50'
SHEET
OF 3
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. 220-06
RESOLUTION APPROVING PLAT OF SURVEY OF LOTS 413-A, 598-A, AND
598-B OF NORTH DUBUQUE 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 April 3, 2006, prepared by Buesing and Associates, describing the
proposed vacated portion of North Dubuque, described as Lots 177 to 212, Lots 215 to
218, Lots 221 to 224, Lots 227 to 230, Lots 233 to 386, Lots 389 to 412, Lots 419 to 472,
Lots 533 to 598 and abutting streets and alleys, all inclusive in North Dubuque, in the NE
y. of Section 12, T89N, R2E, 5th P.M., 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 April 3, 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 5 t h day of J un e , 2006.
Ann E. Michalski, Mayor Pro-Tem
Jeanne F. Schneider; CMC, City Clerk
RESOLUTION NO. 221-06
Prepared by: Ronald J. Turner, City of Oubuque, 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 OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOTS
413-A, 598-A, AND 598-B OF NORTH DUBUQUE IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA
Whereas, James A. and Shirley A. Christensen has requested the vacating of a portion
of the plat of North Dubuque comprised of Lots 177 to 212, Lots 215 to 218, Lots 221 to 224,
Lots 227 to 230, Lots 233 to 386, Lots 389 to 412, Lots 419 to 472, Lots 533 to 598 and abuttin~
streets and alleys, all inclusive in North Dubuque, in the NE Y. of Section 12, T89N, R2E, 5'
P.M., 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 portion of North Dubuque to be vacated and the assigned lot numbers
thereto, which hereinafter shall be known and described as Lots 413-A, 598-A, and 598-B all in
North Dubuque in the City of Dubuque, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa, has determined that said streets
and alleys are no longer required for public use, and vacating and disposal of Lots 413-A, 598-
A, and 598-B all in North Dubuque 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 dispose of its interest in Lot 413-A of
North Dubuque in the City of Dubuque, Iowa, to the Ernest Madison Revocable Trust.
Section 2. That the City of Dubuque intends to dispose of its interest in Lots 598-A
and 598-B of North Dubuque in the City of Dubuque, Iowa, to James A. and Shirley A.
Christensen.
Section 3. That the conveyance of Lot 413-A of North Dubuque to the Ernest
Madison Revocable Trust be contingent upon the payment of $300.00, plus platting, publication,
and filing fees of $100.
.
Section 4. That the conveyance of Lots 598-A and 598-8 of North Dubuque to James A.
and Shirley A. Christensen be contingent upon the payment of $300.00, plus platting,
publication, and filing fees of $100.
Section 5. That the City Clerk be and is hereby authorized and directed to cause and
notice to intent to dispose of said real estate in the manner as prescribed by law.
Passed, adopted and approved this 5th day of June
,2006.
t!J/~
Ann E. Michalski, Mayor Pro-Tem
Attest:
~
eanne 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 LOTS 413-A, 598-A,
AND 598-B OF NORTH DUBUQUE 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:
Lots 413-A, 598-A, and 598-B of North Dubuque 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, 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 Lot 413-A in North
Dubuque in the City of Dubuque, Dubuque County, Iowa to the Ernest Madison
Revocable Trust be and the same is hereby approved for the sum of $400.00.
Conveyance shall be by Quit Claim Deed.
Section 2. That the disposal of the interest of the City of
Dubuque, Dubuque County, Iowa, in real property described as Lots 598-A and
598-B all in North Dubuque in the City of Dubuque, Dubuque County, Iowa to
James A. and Shirley A. Christensen be and the same is hereby approved for the
sum of $400.00. Conveyance shall be by Quit Claim Deed.
Section 3. That the Mayor be authorized and directed to execute a Quit
Claim Deed, and the City Clerk be and is hereby authorized and directed to
deliver said deed of conveyance to the above named grantees upon receipt of
the approved sum in full.
Section 4. That the City Clerk be and is hereby authorized and directed
to record a certified copy of this resolution in the offices of the City Assessor,
Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this
day of
2006.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
Stephen W. Scott
Darin S. Harmont
Dean J. Konrardy"
Patricia M. Reisen-Ottavi*
Cory R. Thein
Brian W. Peters
Phillip W. Parsons
Of Counsel
Arnold J. Van Etten"
David F. Setter
KINTZINGER LAW FIRM, P.L.C.
An Iowa Professional Limited Company
Established in 1897
ATTORNEYS AT LAW
100 W. 12th Street
P.O. Box 703
Dubuque, Iowa 52004~0703
/1///1;
-,-J),(Jc.yrV{ f_
! U d-- GpJ'
. -
Telephone
563-588-0547
Facsimile
*Also licensed in Illinois
tAlso licensed in Wisconsin
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563-588-1981
Websites
kintzingerlaw.com
kintzlaw.com
Charles A. K intzinger
(1925-1999)
c-~
April 28, 2006
,,__J-"
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The Honorable Mayor
Members of the City Council
50 West 131h Street
Dubuque, IA 52001
, I
,
~J
Dear Honorable Mayor and Members of the Council:
We represent James A. and Shirley Christensen who are the owners of the lots of the plat of
"NORTH DUBUQUE" shown on the attached exhibit prepared by Buesing & Associates in which
they have labeled Lot 413-A, Lot 598-A and Lot 598-B North Dubuque,
This is part of an area that was platted in 1891 and this portion was never improved or
developed, This area has been and continues to be solely agricultural except for a small portion the
present owners were using to grow plants and flowers within plastic covered greenhouses,
At the time of platting in 1891, this property was outside the City of Dubuque. The filing
of a plat ofland situated outside incorporated cities or towns constitutes a tender of an easement for
public use of the streets and alleys shown thereon with the fee title remaining in the owner. It is our
position that tender was never accepted by the County nor by the City and inasmuch as the streets
and alleys were never used as such, the tender for such an easement is being withdrawn by the
owners.
We would appreciate it if you would refer the request for vacation to the proper departments
for continued action.
Yours truly,
A VE/sh
E:lUsersISUElchrislensenmayor,1l
~/>
CORRECTED
REQUEST TO V ACA TE PLAT
The undersigned, owners of all of the lots of "NORTH DUBUQUE" located within the dark
boundary line as shown on the attached exhibit, request that that portion of the plat of "NORTH
DUBUQUE" filed May 20, 1891, in Book of Plats #3, Page 107, be vacated along with all of the
streets and alleys shown thereon and thereafter be known as 413A, 598A and 598B of NORTH
DUBUQUE for the following reasons:
1. Although the plat was filed more than 114 years ago, none of the streets or alleys as
shown within the area contained within the boundary lines on the exhibit have been improved nor
have they been opened to or used by the public.
2. The area shown on the exhibit was in the county at the time of platting and the portion
dedicated for the streets and alleys was the tender only of an easement for public use and remained
such when the area was annexed by the City of Dubuque in 1976 and the undersigned, as successors
in interest of the original owners, hereby withdraw their tender of the easement for the streets and
alleys contained within the boundary lines of said exhibit.
3. The property has been and continues to be used as agricultural, growing farm crops,
feeding livestock and raising plants and flowers.
4. The streets and alleys as shown on the plat proposed to be vacated do not meet the
current subdivision standards of the City of Dubuque, Iowa. Also, the topography of said area is
rolling and it would be impractical, if not impossible, to build the streets and alleys as located on the
original plat.
5. Before anewplat could be filed meeting all of the current subdivision standards, this
ancient plat must first be vacated.
6. Contiguous property owner, Ernest H. Madison has ornamental shrubs growing on
that portion of undeveloped Vinton Street designated as Lot 413-A and Lot 598-A of NORTH
DUBUQUE. We have agreed that if the plat of "NORTH DUBUQUE" is vacated as requested, we
will quit claim our interest in Lot 413-A of NORTH DUBUQUE to Ernest H. Madison Revocable
Trust without further consideration. We have also agreed with Ernest H. Madison on a price for Lot
598-A NORTH DUBUQUE and upon payment by him of the agreed price, we will quit claim our
interest in said Lot to the Ernest H. Madison Revocable Trust.
7. Prior to September, 1989, the Bible Baptist Church of Dubuque, Iowa, were owners
of Lots 593 to 616, inclusive in NORTH DUBUQUE, including that portion of Chicago Avenue
within said lots. On September 6, 1989, the church sold Lots 593 to 598 inclusive in NORTH
DUBUQUE to Eugene J. Bird Jr. On the same date, the church also sold all its interest in Chicago
A venue, which was located between Lots 593 to 598 and Lots 599 to 604 inclusive to Eugene J.
Bird Jr. Said deeds were recorded as Instrument #7648-89 and 7649-89 of the records of the
Dubuque County Recorder. On February 5, 1990, Eugene J. Bird Jr. sold lots 593-598 inclusive in
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NORTH DUBUQUE including all his right, title and interest in Chicago Avenue, described above
to the undersigned, James A. and Shirley A. Christensen. It is our position that the Bible Baptist
Church of Dubuque, Iowa has no interest in that portion of Chicago A venue.
Therefore, the undersigned owners request that the portion of the plat of "NORTH
DUBUQUE" comprised of the lots and included streets and alleys as shown on the attached exhibit
be vacated and that the City execute a Quit Claim Deed to Ernest H. Madison Revocable Trust of
Lot 413-A and to James A. and Shirley A. Christensen of Lot 598-A, both in NORTH DUBUQUE.
Further, that the City execute a Quit Claim Deed to James A. and Shirley A. Christensen of all the
streets and alleys contained within Lot 598-B of NORTH DUBUQUE.
Respectfully submitted,
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Christensen
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