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Health Ctr - Vacate alley , D~~~E ~ck~ MEMORANDUM October 11, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Vacating Petition - Alley Between Washington Street and Elm Street from 17th to 18th Streets City Engineer Gus Psihoyos is recommending that a public hearing be set for November 6, 2006, in response to a vacating petition for the alley between Washington Street and Elm Street from 1 th to 18th Streets, which is intended to be done as a land exchange to facilitate development of a parking lot. I concur with the recommendation and respectfully request Mayor and City Council approval. flU ~~(l Michael C. Van Milligen MCVM/ksf Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos - City Engineer David Harris, Housing and Community Development Director Mary Rose Corrigan, Public Health Specialist , D~~~E ~Y4-~ MEMORANDUM October 11, 2006 FROM: Michael C. Van Milligen, City Manager Gus Psihoyos, City Engineer V TO: SUBJECT: Vacating Petition - Alley between Washington Street and Elm Streetfrom 17th to 18th Streets INTRODUCTION A request has been received from John Gronen, representing Pine Box, LLC, for the vacating of an alley between Washington Street and Elm Street from 17th to 18th Streets. DISCUSSION The attached plat shows the alley between Washington Street and Elm Street from 17th to 18th Streets proposed to be vacated. The abutting properties are owned by Pine Box, LLC and the City of Dubuque. The area to be vacated is divided into two lots numbered Lot 159A and 159B of "East Dubuque" an Addition in the City of Dubuque, Iowa. The area is ap existing 20-foot wide alley between Washington Street and Elm Street from 17ftl to 18th Streets on which public utilities exist. Perpetual easement rights will be reserved over the entire vacated area for maintenance of the existing sanitary sewer, watermain, and other utilities. The City has coordinated the relocation of cable television and telephone with company representatives. The property has been valued as part of an exchange of properties with Pine Box, LLC to create parcels of equal size. RECOMMENDATION The City plans to utilize the easterly 15 feet of the north half of the alley for a proposed City parking lot. The remainder of the alley will be incorporated into improvements being made by Pine Box, LLC. I would recommend that the areas indicated by Lot 159A and 159B of "East Dubuque" an Addition 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 of said Lot 159B on November 6, 2006. I would further recommend that the purchase price be established as part of an exchange of properties with Pine Box, LLC. As requested by Pine Box, LLC, Lot 159B will be deeded to Washington Court, LP. ACTION TO BE TAKEN The recommendation of the City Manager should be approved and a public hearing should be set on the disposal of the property through the adoption of the enclosed resolution. Prepared by Ronald J. Turner, PLS RESOLUTION NO. 507-06 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT 159A AND 159B OF "EAST DUBUQUE" AN ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, John Gronen, representing Pine Box, LLC, has requested the vacating and disposal of an alley between Washington Street and Elm Street from 17th Street to 18th Street; and Whereas, Buesing & Associates has prepared and submitted to the City Council a plat showing the vacated alley between Washington Street and Elm Street from 17th Street to 18th Street and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 159A and 159B of "East Dubuque" an Addition in the City of Dubuque, 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 Lot 159A and 159B of "East Dubuque" an Addition in the City of Dubuque, Dubuque County, Iowa. Section 2. That the conveyance of Lot 159B of "East Dubuque" an Addition in the City of Dubuque, Dubuque County, Iowa to Washington Court, LP is subject to an agreement between the City of Dubuque and Pine Box, LLC approved by the City Council by November 6, 2006. Section 3. 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 16th day of 0ctober, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ~ NORTH ALLEY VACATE PINE BOX L.L.C. 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