North Dubuque Vacate & Purchase
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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.
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Michael C. Van Milligen
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Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
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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
.