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Plat Survey N. Dubuque D~~~E ~ck~ 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~ ! (7 / / 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 ~ck~ 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 '" ~ i ~.. ~. ~) . VACATE AREA ~ "'f ~ : Ii 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 " lSNO,NI^ I t.09l.wool ^.II(.IO.lIN - srC.l srC.12 s89":lt'llO'r Illll.7S"tl7llL8lM NlIr3i!"OoI'''~_'1 ~OT 1-)-4 01' FDuNTAIN "-l~L .UUiDIV1SlOl< ARltJ"VACA!rDTH[DI..-...n VIN(; SllUT" ~ AD.JAQ:NT TO OT 2_' AND ~Ol l-T-4 tJ" lIll'ITATN"'LLRt'ilJiDlV'SIOI< FOUWDl'PIPl: ~ If*: NIl< CORNl:R Sn:'12,TB'lN.R2!: r-Rg?~~~D~ RiN- 'fi ;--- --1--_ --N-~'{-:--_ ~. 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I I"" ,'" I "lI9"<O'~'V 13l!Urt13l!lUl"> STONE HILL ~ ~ " ~ U " I , T ~ u I D 1 ISION NO "ll'1"2'lM<:" JJIlI.U'TT3T&ln sr".1 S(:~. 1~ F'llLO<D l V~. PI.[ "'/"""~[ 11<01< P HENE:C_E. SE:C, 10, TB9N, R~E LOTIOF'~lIl(;j: "''''NE:'SSUIDlVISlllN , '" ~OT 3 0; OCrllOC C.A.c'SSUiD1VISICl< lO"ITliCDRCC C......-SSUBPIV1S1Cl< LOT ~ IT OCtl<(;!; CRAOO':'S ~UBOIVIST(lN ! . ." ""-E, "". ... "". L0l6IJFOClllO[ COANE'SWIDIV1SlON ! g~ "" ~~ ;1 LEGEND . rWNllI'l.ONPIPT: (!.....~SS OT~R"'Sl: I<[Il[Dl ... rQlWjD ~/.' RtJDIYEL~n" "'"P"016 ,DuNo 'V~ J<DD/Y[LLO\.' C""1401.INClM':.f;TE rClJNDl 1/2' II<OI<PIP[ . . . n....D 111.' IREl< PIPE m , ~1ii 15~ " ,; ~~ o ,. PLAcrD'VU'IRllNRERIJ\I W'U,~D\I ..ASTlC~.... _ED''''''',"16' SURVE......DARv Pll~E.nll..: C!:N1E.Llo<I: -.-.-.~.- E:XISTlNt; \IODD rEOoC[ ____'Ilb'___ .1"~T OF' VA' ~Jll. POINT or Jl:G,....,NG <) R[ClIlDD1MENSIOI< m r[JjNPII/2"PJPC WCuPLCR ON T~ ~ THE SE ~llRNf;. IT 10<[ SI;,,< 1<[,,<, S.~. Ii!, 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 = I.ALLI<E"-'UII!:IILNnAR!:lNrrE:1ANDOCW<ALSTN[RE:IJF ~. ....~.,(1D<< OF' ALe LOTS,......:S". :;HI.Ln A. CHIl'ST[N<rN 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. /,.lrTHTSPl.Al!lOE:1ND'...V!:ANE""cr.iSEDSE....AND 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 .$:&",;,/ ZOe>~ < , "OD6 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 f; ~!V\ t '7()! V . ~u V \;~,\ 7 ) r1 I I . 'v (~(J - tl~ 563-588-1981 Websites kintzingerlaw.com kintzlaw.com Charles A. K intzinger (1925-1999) c-~ April 28, 2006 ,,__J-" ~ I. , , ....' -'I 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 Page 1 of 2 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, /;~ ~ '&6)<9 C;; l'. (/ [& !OZLfj[t;Latc Christensen E:\USI!I'5\SUElcI1riSll!nsenrecrllesnovacale,re Page 2 of 2