Rosedale Ave road vacation
DU~~E
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MEMORANDUM
August 15, 2006
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Vacate Unnamed Road off of Rosedale Avenue
City Engineer Gus Psihoyos recommends that the City Council vacate an unnamed
road south of Rosedale Avenue near Glen Oak Street and set a public hearing for
September 5, 2006. This area was platted for street purposes in 1896, but the steep
terrain was not conducive to constructing a street.
During the reconstruction of Rosedale Avenue, improvements were made to the
northern portion of Glen Oak that required additional rights-of-way. As part of the
negotiation for additional right-of-way, the property owners of Lot 1 were offered a
portion of this unnamed road. The remaining abutting property owners were contacted
to obtain their interest in the balance of the excess right-of-way.
City Engineer Gus Psihoyos states that the City has no plans for the utilization of the
unnamed road south of Rosedale Avenue near Glen Oak Street, except for reserving
the easements for storm sewer facilities, recommends approval of the request to
vacate, and that the purchase price be established for the costs of processing, plus
publication and filing fees
I concur with the recommendation and respectfully request Mayor and City Council
approval.
(itA ~{IJ/lL
Mlbhael c. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF ~
DUB E
~ck~
MEMORANDUM
August 14, 2006
TO:
Michael C. Van Milligen, City Manager
Gus Psi hoyos, City Engineer yfD
SUBJECT: Vacate Unnamed Road off of Rosedale Avenue
FROM:
INTRODUCTION
This is a request from City Engineering for the vacating of an unnamed road south of
Rosedale Avenue near Glen Oak Street.
DISCUSSION
The attached plat shows the alley area proposed to be vacated. The abutting properties
are owned by:
Robert C. and Mary E. Timmerman
Michael J. and Sonya A. Bryson
John B. and Dana M. Priest
Blum Properties
The area to be vacated is platted as Lots D, E, F and G of Rosedale Addition NO.2 in
the City of Dubuque, Dubuque County, Iowa. This area was platted for street purposes
as part of Rosedale Addition NO.2 in 1896. The steep terrain on this area designated
for road purposes was not conducive to constructing a street when it was originally
platted. Therefore, Glen Oak Street was extended to Rosedale Avenue along another
route just west of this area proposed to be vacated.
During the reconstruction of Rosedale Avenue, improvements were made to the
northern portion of Glen Oak which required additional rights-of-way. As part of the
negotiation for additional right-of-way on Lot 1 of Rosedale Addition No.2, now owned
by the Brysons, the vacating of a portion of this unnamed road was offered in exchange.
The remaining abutting property owners were contacted to obtain their interest in the
balance of the excess right-of-way. An easement will be reserved for existing storm
sewer facilities.
The value of the additional areas being vacated and disposed of was negotiated based
on the staff time necessary for the transaction, plus publication and filing fees.
RECOMMENDATION
The City has no plans for utilization of the unnamed road south of Rosedale Avenue
near Glen Oak Street, except for easements for storm sewer facilities.
I would recommend that the areas indicated by Lots D, E, F and G of Rosedale Addition
NO.2 in the City of Dubuque, Dubuque County, Iowa, as shown on the attached plats
be vacated, and that a public hearing be held for the vacating and disposition of the
City's interest in the subject area on September, 5, 2006. I would further recommend
that the purchase price be established for the costs of processing, plus publication and
filing fees.
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
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Vicinity Map
Rosedale Addition No.2
Vacate Lots D, E, F, and G
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PLAT OF SURVEY
LOT D AND E OF ROSEDALE ADDITION NO.2
In the city of Dubuque, Dubuque Co. IA
Being a vacation plat of part of a platted "Road' in Rosedale Addition NO.2 recorded in book of plats No.5, page 371 in the office of the Dubuque County RecorcH
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LEGEND
Notes
1. Dateo/Survey July2006
2. All sel rebaf have red Plastic capswilh
number 9651
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LOT F AND G OF ROSEDALE ADDITION NO.2
In the city of Dubuque, Dubuque Co. IA
Being a vacation plat of part of a platted "Road" in Rosedale Addition No 2 recorded in book of plats No.5.
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RESOLUTION NO. 381-06
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY
INTEREST IN AN UNNAMED ROAD SOUTH OF ROSEDALE AVENUE NEAR
GLEN OAK STREET TO BE DESCRIBED AS LOTS D, E, F AND G OF
ROSEDALE ADDITION NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA
Whereas, the Engineering Department has requested the vacating and
disposal of an unnamed road south of Rosedale Avenue near Glen Oak Street;
and
Whereas, the Engineering Department has prepared and submitted to the
City Council plats showing the vacated portion of an unnamed road south of
Rosedale Avenue near Glen Oak Street and assigned lot numbers thereto, which
hereinafter shall be known and described as Lots D, E, F and G of Rosedale
Addition NO.2 in the City of Dubuque, Dubuque County, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has determined
that this unnamed road south of Rosedale Avenue near Glen Oak Street is no
longer required for public use, except for utility easements as noted, and vacating
and sale of said portions of alleys and streets known as Lots D, E, F and G of
Rosedale Addition NO.2 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 vacate and dispose of
its interest in Lots D, E, F and G of Rosedale Addition No. 2 in the City of
Dubuque, Dubuque County, Iowa.
Section 2. That the conveyance of Lot D of Rosedale Addition NO.2 in
the City of Dubuque, Dubuque County, Iowa, to Robert C. and Mary E.
Timmerman be contingent upon the payment of $300.00, plus publication and
filing fees.
Section 3. That the conveyance of Lot E of Rosedale Addition NO.2 in
the City of Dubuque, Dubuque County, Iowa, in the City of Dubuque, Iowa, to
Michael J. and Sonya A. Bryson be contingent upon the exchange of properties.
Section 4. That the conveyance of Lot F of Rosedale Addition NO.2 in
the City of Dubuque, Dubuque County, Iowa, to John B. and Dana M. Priest be
contingent upon the payment of $300.00, plus publication and filing fees.
Section 5. That the conveyance of Lot G of Rosedale Addition NO.2 in
the City of Dubuque, Dubuque County, Iowa, to Blum Properties be contingent
upon the payment of $1.00, plus publication and filing fees.
Section 6. That the City Clerk be and is hereby authorized and directed
to cause a notice of intent to vacate and dispose of said real estate to be
published in the manner as prescribed by law.
Passed, approved and adopted this 21st day of August, ,2006.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk