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North Dubuque Vacate & Purchase DU~~E ~ck~ MEMORANDUM June 27, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Petition to Vacate A Portion of North Dubuque City Engineer Gus Psihoyos is recommending approval of a request from Arnie Van Etten, representing James A. and Shirley A. Christensen, to vacate a portion of the plat of North Dubuque for $400 for processing, publication and filing fees. The City has no plans for utilization of the streets or alleys and City Attorney Barry Lindahl agrees that the City has no ownership in the streets and alleys since this area was platted outside the City limits and no improvements were made. I concur with the recommendation and respectfully request Mayor and City Council approval. tL~l (v1zG/c Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer ) THEClTYOF ~ DUB E ~c!k-~ MEMORANDUM June 27,2006 TO: FROM: Michael C. Van Milligen, City Manager Gus Psi hoyos, City Engineer ~Q SUBJECT: Petition to Vacate A Portion of North Dubuque INTRODUCTION A request has been received 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. DISCUSSION 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 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. 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. RECOMMENDATION I would recommend that the portion of North Dubuque indicated within the area replatted as Lots 413-A, 598-A, and 598-B of North Dubuque Subdivision in the City of Dubuque, Iowa, as shown on the attached plat be vacated, and 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 resolution. Prepared by Ronald J. Turner, PLS cc: Barry Lindahl, City Attorney Ronald Turner, PLS Prepared by: Ronald J. Turner, Coy of Dubuque, 50 W. 13" Street, Dubuque, IA 52001 (563) 589-4270 Returned to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. 300-06 RESOLUTION VACATING A PORTION OF THE PLAT OF NORTH DUBUQUE Whereas, Arnie Van Etten, representing James A. and Shirley A. Christensen, has requested the vacating of a portion of the plat of North Dubuque, including platted streets and alleys; and Whereas, Buesing & Associates has prepared and submitted to the City Council a plat showing the vacated portion of North Dubuque, including platted streets and alleys, and assigned lot numbers thereto, which hereinafter shall be known and described as Lots 413-A, 598-A, and 598-B of North Dubuque in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that a portion of the plat of North Dubuque, including platted streets and alleys, are no longer required for public use, and vacating of said portion of the plat of North Dubuque, including platted streets and alleys, known as Lots 413-A, 598-A, and 598-B of 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 real estate described as Lots 413-A, 598-A, and 598-B of North Dubuque in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 5th day of July, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, 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. 301-06 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 23rddayof June ,2006, the City Council of the City of Dubuque, Iowa met on the 5th day of lu1v ,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 5th day of July, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk .