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Airgas - River Front Subd. No. 3 D~~%duE ~ck~ MEMORANDUM October 12, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Vacating Petition - A Portion of Kerper Boulevard in Block 6 of River Front Subdivision NO.3 City Engineer Gus Psihoyos is recommending a portion of Kerper Boulevard in Block 6 of River Front Subdivision NO.3 be vacated and sold to Airgas North Central, Inc. The City has no plans for the utilization of this portion of Kerper Boulevard to be vacated, except for a utility easement 10 feet behind the proposed right-of-way line as shown on the plat thereof. The purchase price is $13,447. I concur with the recommendation and respectfully request Mayor and City Council approval. j1\V{ ~~lt,- Michael C. Van Milligen MCVM/ksf Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer D~~%duE ~<k~ MEMORANDUM October 10, 2006 FROM: Michael C. Van Milligen, City Ma~~?n Gus Psihoyos, City Engineer Yi\~-:->/ TO: SUBJECT: Vacating Petition - A Portion of Kerper Boulevard in Block 6 of River Front Subdivision NO.3 INTRODUCTION A request has been received from K. C. Jones, representing Airgas North Central, Inc. (Airgas), for the vacating of a portion of Kerper Boulevard that abuts the existing Airgas facility at 2240 Kerper Boulevard. BACKGROUND Airgas North Central, Inc. has recently purchased the property and will utilize the area for additional employee parking. DISCUSSION Because of space restrictions between the Airgas building and the existing right- of-way, Airgas is requesting the vacate of approximately 5,200 square feet along Kerper Boulevard. The vacated area would be paved and landscaped to accommodate additional parking spaces. The City has no plans for the utilization of this portion of Kerper Boulevard to be vacated, except for a utility easement 10 feet behind the proposed right-of-way line as shown on the plat thereof. RECOMMENDATION I would recommend that a portion of Kerper Boulevard in Block 6 of River Front Subdivision NO.3 in the City of Dubuque, Dubuque County, Iowa, as shown on the attached plat be vacated, and that a public hearing be held for the disposition of the City's interest in the subject area on October 16, 2006. I would further recommend that the purchase price be established at $13,447.00, plus surveying, platting, publication and filing fees. ACTION TO BE TAKEN The recommendation of the City Manager should be approved and a public hearing should be held on the disposal of the property through the adoption of the enclosed resolutions. Prepared by Ronald J. Turner, PLS 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. 510-06 RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF KERPER BOULEVARD IN BLOCK 6 OF RIVER FRONT SUBDIVISION NO.3 Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 8th day of September, 2006, prepared by IIW Engineers & Surveyors, PC, describing the proposed vacated portion of Kerper Boulevard in Block 6 of River Front Subdivision NO.3 to be known as Lot 1A, Block 6, River Front Subdivision NO.3 in the City of Dubuque, Dubuque County, Iowa; and 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 the 8th day of September, 2006, prepared by IIW Engineers & Surveyors, PC, relative to the real estate hereinabove described be and the same is hereby approved, and thc Mayor and City Clerk be Clnd 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 certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 16th day of October, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk ;./ eanne F. Schneider, CMC, City Clerk Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13'" Street, Dubuque, IA 52001 (563) 689-4270 Returned to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 689-4270 RESOLUTION NO. 511-06 RESOLUTION VACATING A PORTION OF KERPER BOULEVARD IN BLOCK 6 OF RIVER FRONT SUBDIVISION NO.3 Whereas, Airgas North Central, Inc. (Airgas) has requested the vacating of a portion of Kerper Boulevard in Block 6 of River Front Subdivision No.3; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated portion of Kerper Boulevard in Block 6 of River Front Subdivision No. 3 and assigned lot number thereto, which hereinafter shall be known and described as Lot 1A, Block 6, River Front Subdivision NO.3 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 Kerper Boulevard in Block 6 of River Front Subdivision No. 3 is no longer required for public use, except for reserving the utility easements as noted, and vacating of said portion of Kerper Boulevard in Block 6 of River Front Subdivision No.3 known as Lot 1A, Block 6, River Front Subdivision NO.3 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 Lot 1A, Block 6, River Front Subdivision No.3 in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 16th day of October, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ~' . 111I11111111111111111111111111111111111111111111111111111I1111111111111111111111 Ooc IO: 005519310002 Type: GEN Recorded: 10/19/2006 et 09:59:36 AM Fee Amt: $12,00 PaRe 1 of 2 Dubuque County Iowa Kathy Flynn Thurlow Recorder me2006-00016226 Prepared by: Ronald J. Turner, C~y 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. 511-06 RESOLUTION VACATING A PORTION OF KERPER BOULEVARD IN BLOCK 6 OF RIVER FRONT SUBDIVISION NO.3 Whereas, Airgas North Central, Inc. (Airgas) has requested the vacating of a portion of Kerper Boulevard in Block 6 of River Front Subdivision No, 3; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated portion of Kerper Boulevard in Block 6 of River Front Subdivision No. 3 and assigned lot number thereto, which hereinafter shall be known and described as Lot 1A, Block 6, River Front Subdivision NO.3 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 Kerper Boulevard in Block 6 of River Front Subdivision No. 3 is no longer required for public use, except for reserving the utility easements as noted, and vacating of said portion of Kerper Boulevard in Block 6 of River Front Subdivision NO.3 known as Lot 1A, 8~:::::k 6, River Front Subdivision No.3 in the City of Dubu::;ue, 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 Lot 1A, Block 6, River Front Subdivision NO.3 in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 16th eanne F. Schneider, CMC, City Clerk 10{ ~ 11)'(;' /' / \.Y vill/i}.' . Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street. Dubuque, Iowa (563) 589-4270 Returned to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. 512-06 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 1A, BLOCK 6, RIVER FRONT SUBDIVISION NO.3 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 6th day of October ,2006, the City Council of the City of Dubuque, Iowa met on the 16th day of October ,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: Lot 1A, Block 6, River Front Subdivision NO.3 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 sell such real estate, except for easement as noted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 1A, Block 6, River Front Subdivision NO.3 in the City of Dubuque, Dubuque County, Iowa, to Airgas North Central, Inc. be and the same is hereby approved for the sum of $13,447.00 plus the costs of surveying, platting, publication, and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. 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 Airgas North Central, Inc. upon receipt of the purchase price in full. Section 3. 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 16th day of October, 2006. Roy D. Buol, Mayor Attest: ;Jeanne F. Schneider, CMC, City Clerk " 11111111111111111111111111111111111111111111111\1\11111\\11111111111111111111111 Doc ID: 005519320005 Type: GEN Recorded: 10/19/2006 at 10:00:27 AM Fee Amt: $32,00 Page 1 of 5 Revenue Tax: $0.00 DubuQue County Iowa Kathv Flvnn Thurlow Recorder Fl1e2006-00016227 Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 Address Tax Statement: Airgas North Central, Inc., PO Box 2395, Waterloo, IA 50701 QUIT CLAIM DEED The City of Dubuque, Iowa, a municipal corporation of Dubuque County, Iowa, for Thirteen Thousand Four Hundred Forty Seven and 00/100 Dollars ($13,447.00) does hereby Quit Claim unto: Airgas North Central, Inc. PO Box 2395 Waterloo, IA 50701 all its rights, title, and interest in the following described real estate situated in Dubuque County, Iowa, to wit: Lot 1A, Block 6, River Front Subdivision NO.3 in the City of Dubuque, Dubuque County, Iowa No declaration of value is required according to Iowa Code Section 428A.1. The City reserved unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, television cable, fiber optics, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey of said Lot 1 A. This deed is .9iyen pursuant to the authority of Resolution No.5/;<.t.:?~of the City of Dubuque, adopted /(f'/ /6 ,2006, the terms and conditions thereof, if any, having been fulfilled. Signed thiS/~#./ day ofQ~.I~006. By: uol, Mayor /l Schneider, CMC, City Clerk '0 5 o{7- ",)\ / "xJj \.-..-----' I STATE OF IOWA ) ) ss DUBUQUE COUNTY ) On this//~ay OfW;W 2006, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Roy D. Buol and Jeanne F. Schneider, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, by the authority of its City Council, as contained in Ordinance No. 2-5 of the City of Dubuque Code of Ordinances, pa~d by Reso)ution of the City Council under Resolution No.5I01tt",of the City Council on the/V'" Clay of Oc4'C"-eM:~ , 2006; and Roy D. Buol and Jeanne F. Schneider acknowledged the execution of the instrument to be their voluntary act and deed and the oluntary act and deed ot-lM') corporation, by it voluntarily executed. . A\..11, SUSAN M. WINTER ~ : '~ COM'-4ISSION NO.183274 . . MY COMMISSION EXPIRES '0"';;:- 2/14/08 " Prepared by: Ronald J. Turner. City of Dubuque. 50 W. 13th Street. Dubuque. Iowa (563) 589-4270 Returned to: Ronald J. Turner, City of Dubuque. 50 W. 13th Street. Dubuque. Iowa (563) 589-4270 RESOLUTION NO. 512-06 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 1A, BLOCK 6, RIVER FRONT SUBDIVISION NO.3 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 6th day of October ,2006, the City Council of the City of Dubuque, Iowa met on the 16th day of October ,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: Lot 1A, Block 6, River Front Subdivision NO.3 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 sell such real estate, except for easement as noted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 1A, Block 6, River Front Subdivision NO.3 in the City of Dubuque, Dubuque County, Iowa, to Airgas North Central, Inc. be and the same is hereby approved for the sum of $13,447.00 plus the costs of surveying, platting, publication, and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. 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 Airgas North Central, Inc. upon receipt of the purchase price in full. Section 3. 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 16th day October 2006. ~.c::: ~eanne F. Schneider, CMC, City Clerk , , CERTIFICATE OF CITY CLERK STATE OF IOWA ) ) COUNTY OF DUBUQUE ) I, Jeanne F. Schneider, do hereby certify that I am the duly appointed, qualified, and acting Clerk of the City of Dubuque, Iowa in the County aforesaid, and as such Clerk I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 512-06 is a correct copy of the original Resolution No. 512-06 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 16th day of October, 2006. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa on this 17'h day of October, 2006. ~-/4'a/ Jeanne F. Schneider, CMC City Clerk '. (~'~Ll ... <:'. ;,,- ...- ~ ./.":' ,.c \~!~::;\:. ..; . ".;.,;'~ " .~ '~; " , ,\ or .' , . /f'" -0' \ -,', , REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT Please read the filing instructions on the reverse side BEFORE completing this form. PART I - TO BE COMPLETED BY TRANSFEROR TRANSFEROR Name Citv of Dubuaue Address 50 W. 13th Street umber and Slreet or RR Dubu ue IA 52001 City, TowllorP,O lale 'p TRANSFEREE Name Air12:as North Central. Inc. Address PO Box 2395 Number and Street or RR Waterloo IA 50701 City, Town or P_D Stale LIp Address of Property Transferred NA Number and Street or RR CIty, lown,ort',O. State ZIp Legal Description of Property Lot IA. Block 6. River Front Subdivision No.3 in the City ofDubuaue Dubuaue County Iowa I. Wells (check one) X There are no known wells situated on this property. There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below. 2. Solid Waste Disposal (check one) X There is no known solid waste disposal site on this property. -: There is a solid waste disposal site on this property, but no notice has been received from the Department ofNaturaJ Resources that the site is deemed to be potentially hazardous. Thc:re is a solid waste disposal site on this property which has been deemed to be potentially hazardous by the Department of Natural Resources. The location(s) of the site(s) is stated below. 3. Hazardous Wastes (check one) X There is no known hazardous waste on this property. There is hazardous waste on this property an<} it is being managed in accordance with Department ofNaturaJ Resources rules. 4. Underground Storage Tanks (check one) X There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) :_~ There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are described below. 5. Private Burial Site (check one) X There are no known private burial sites on this property. 'J There is a private burial site on this property. The location(s) of the site(s) is stated below. The known identifying information of the decedent is stated below. Information, if any, required by statements checked above: Attachment for Additional Information? Y / N I HEREBY DECL EII~FO Signature: ~ If so, number of pages A nON CONTAINED IN PART I OF THIS STATEMENT IS TRUE AND CORRECT. ranseroror gent us SIOYOS, Ity n eer Telephone Number: (563) 589-4270 -----------------------------------------------------------.-----------------------------------------~---~-----------------------.---------------------------------------- Date of Recording Deed~' Contract D I') Ie PART II - TO BE COMPLETED BY RECORDER ,l' II -/~(:" BoOk/LD.xL.tt Page!lD~lf: L'L I /'fGi?? ( Ci~)TownshiP D&Wf County Date of Instrument ---------------------------------_._--------------~---------------------------------------------------------------------------------------._-----------------~--_.------- DNR form (November 02) FILE WITH RECORDER 542-0960 ---' -- coPY 11111111111111111111111111111111111111111111111111111111111111111111111111111III Doc 10: 005519300006 Type: GEN Recorded: 10/19/2006 at 09:58:56 AM Fee Amt: $32.00 Pape 1 of 6 Dubuque County Iowa Kathy Flvnn Thurlow Recorder F1le2006-000 16225 PREPARED BY: IIW ENGINEERS de SURVEYORS P.C. 4155 PENNSYLVANIA AVE. DUBUQUE. IOWA, (563) 556-2464 LEGEND PLA T BOUNDARY FOUND 1" IRON PIPE UNLESS NOTED SET 5/8" IRON ROD W/ PLASTIC CAP NO. 12631 SET NAIL W/ WASHER NO. 12631 ~ FOUND NAIL tJ't ~ RECORD INFORMATION ~ ~ .:::..~ RIGHT-OF-WAY ~ (j ~~ PUBLIC UTILITY EASEMENT cf! Q;)& <P ~. ...l... ~"::"" $' t5.0<V, <Z' ~ "" ~ ~ -2 4)' I.,J ~ ~ / ~ ~&:"~ 4P .ly <z" .~ cY -::..~ 0 f'::.. / ~ tJ'~ 'J (j rfj.~ ct Q:' t}' ~ Q)'t <z ~ / NOTE THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD AND NOT OF RECORD. DESCRIPTION A 45-FOOT WIDE VACATED STRIP OF KERPER BOULEVARD LYING NORTHWESTERLY OF AND ADJACENT TO LOT 2-1-1, BLOCK 6, RIVER FRONT SUBDIVISION NO. 3 IN THE CITY OF DUBUQUE, IOWA . o ~ 181 ( ) ROW P.U.E. PLAT OF SURVEY LOT 1 A, BLOCK 6, RIVER FRONT SUBDIVISION NO. 3 IN THE CITY OF DUBUQUE, IOWA SS~. ~ s" s,.., S""-. 'VO'V~ / / ~ / ^:> CO'O' ""~ oG!b' ~,.y .# \2 "V --J ~" ~.~ ~ ~ " cr 0 4)' cS <<,<f- ~ v~ ~ ~ NE CORNER LOT 2-1-1 / 3/4" / ,,~ ,4- .~ ~ o SW CORNER LOT 2-1-1 SOUTHERLY LINE OF LOT 2-1-1 ~-;7. ~.>. t;> ~ ';;, LOT 2-1, 'k ...... BLOCK 6, RIVER ...... F~T SUB. NO. 6 o I LOT 2-1-1, BLOCK 6, RIVER FRONT SUB. NO. 3 ~ NORTH GRAPHIC SCALE 30 I 60 I / 1"=30' DRAWING MAY HAVE BEEN REDUCED PROPRIETOR: CHARLES L KESSLER LLC SURVEYED FOR: AIRGAS INC DA TE OF SURVEY: JULY, 2006 TOTAL AREA SURVEYED: 5,216 SQ. FT. \\\\\111111/1111/ "",'\',0 W--<1'III/I// $>::' ,\\\\lllll'ff" ....~ $*...'''' "".~ g / JOHN M. '''. ~ ~.... ~ TRANMER ~ '" ~ = : =0= t-;:, "., LS 12631 ~~" i ~~ .......... ""'44J~ ~4-J' '" ,I' ~ $' ~...../ if' /1'''111\\\ ...) ,,';;;' ///III~ LAN 0 ~,\\\' 11/1/1111111\\\\\' I HEREBY CERTIFY lHAT lHlS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY UCENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. FOR IIW ENGINEERS & SURVEYORS, P.C. J~tk.~ ~~/~ UCENSE NO. 12631 MY UCENSE RENEWAL DATE IS 12/31/2006 PAGES OR SHEETS COVERED BY THIS SEAL / of '- IIW ENGINEERS & SURVEYORS, P.C. INTEGRITY. EXPERTISE. SOLUTIONS IlllBlJQlJE.IA HAlH.OR.EEN,WJ 4155 PENNSYLVANIA AVE. DUBUQUE,IA 52002 VOICE (563)556.2464 FAX (563)556.7811 www.llwengr.com DRAWN ARC PLAT NO. 87 IA 06 CHECKED JMT PROJ. NO. 06740 DATE 08 29 06 SHEET 1 of 2 P: 06 700 740 06740 DWG 06740-PLAT . d;f . . V'/7/ 1'1,. I. '''1./"" Z,' 'C/..// I(~ D~~~E ~ck.~ MEMORANDUM September 25, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Vacating Petition - A Portion of Kerper Boulevard in Bloc.k 6 of River Front Subdivision No.3 A request has been received from K.C. Jones, representing Airgas North Central, Inc. (Airgas), for the vacating of a portion of Kerper Boulevard that abuts the existing Airgas facility at 2240 Kerper Boulevard. Airgas North Central, Inc. has recently purchased the property and will utilize the area for additional employee parking. City Engineer is requesting that a public hearing be set for October 16, 2006, and that the purchase price be established at $13,447.00, plus surveying, platting, publication, and filing fees. I concur with the recommendation and respectfully request Mayor and City Council approval. ~j f4AlL Micfiael C. Van Milligen MCVM/ksf Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer i5~~~E ~ck~ MEMORANDUM September 22, 2006 TO: Michael C. Van Milligen, City Ma~~ Gus Psihoyos, City Engineer /~::( SUBJECT: Vacating Petition - A Portion of Kerper Boulevard in Block 6 of River Front Subdivision NO.3 FROM: INTRODUCTION A request has been received from K. C. Jones, representing Airgas North Central, Inc. (Airgas), for the vacating of a portion of Kerper Boulevard that abuts the existing Airgas facility at 2240 Kerper Boulevard. BACKGROUND Airgas North Central, Inc. has recently purchased the property and will utilize the area for additional employee parking. DISCUSSION Because of space restrictions between the Airgas building and the existing right- of-way, Airgas is requesting the vacate of approximately 5,200 square feet along Kerper Boulevard. The vacated area would be paved and landscaped to accommodate additional parking spaces. The City has no plans for the utilization of this portion of Kerper Boulevard to be vacated, except for a utility easement 10 feet behind the proposed right-of-way line as shown on the plat. RECOMMENDATION I would recommend that a portion of Kerper Boulevard in Block 6 of River Front Subdivision NO.3 in the City of Dubuque, Dubuque County, Iowa as shown 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 October 16, 2006. I would further recommend that the purchase price be established at $13,447.00, plus surveying, platting, publication and filing fees. 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 resolutions. Prepared by Ronald J. Turner, PLS RESOLUTION NO. RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT 1A, BLOCK 6, RIVER FRONT SUBDIVISION NO.3 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Airgas North Central, Inc. (Airgas) has requested the vacating of a portion of Kerper Boulevard in Block 6 of River Front Subdivision No.3; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated portion of Kerper Boulevard in Block 6 of River Front Subdivision No.3; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that this portion of Kerper Boulevard in Block 6 of River Front Subdivision NO.3 is no longer required for public use, except for the utility easements as noted on the plat thereof, and vacating and sale of said Lot 1A, Block 6, River Front Subdivision No. 3 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 and vacate a portion of Kerper Boulevard in Block 6 of River Front Subdivision NO.3 in the City of Dubuque, as shown on the Plat of Survey thereof. Section 2. That the conveyance of Lot 1A, Block 6, River Front Subdivision NO.3 in the City of Dubuque, Iowa, Dubuque County, Iowa, to Airgas North Central, Inc. be contingent upon the payment of $13,447.00, plus surveying, platting, publication, and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to be published as prescribed under Section 364.7 Code of Iowa, 1999 or amended. Passed, approved and adopted this day of ,2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ~ NORTH KERPER BLVD. VACATE AIR GAS CORPORATION VICINITY MAP " " VACATE A~ " (5216 S.F.:!:) " " " " " "" \ GRAPHIC SCALE 200 100 0 100 '""" ..r.. _ ' - - 20 : DRAWING MAY HAVE BEEN REDUCED 1 !NCH = 200 FEET " " "" " " " " "" " " " " "" I I PREPARED BY' uw ENGINEERS & SURVEYORS P.C. 4155 PENNSYLVANIA AVE. DUBUQUE. IOWA, (563) 556-2464 PLAT OF SURVEY LOT 1 A, BLOCK 6, RIVER FRONT SUBDIVISION NO. 3 IN THE CITY OF DUBUQUE, IOWA lEGEND PLAT BOUNDARY FOUND 1" IRON PIPE UNLESS NOTED SET 5/8" IRON ROD W / PLASTIC CAP NO. 12631 SET NAIL wi WASHER NO. 12631 .;,- FOUND NAIL g"<: 4Y RECORD INFORMATION K""'.:,.'t RIGHT-OF-WAY ",0 !lJi' PUBLIC UTILITY EASEMENT ,f 0 <f lv' -'- <0. v' i$' 0'\""'" ~ ~ (:: ,0 4J@ &-'"- I "'C"" (( ~ ;:;:;{P L9 Q'v ~<V U ~"'-'f:? ,;;. 6- t;""..f. ct ~r:5 q ","<: "* / I @ 181 ( ) ROW P.U.E. . o / 3/4" / / ~ THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD AND NOT OF RECORD. . DESCRIPTiON A 45-FOOT W1DE V ACA TED STRIP OF KERPER BOULlEVARD L~NG NORTHWESTERLY OF AND ADJACENT TO LOT 2-1-1, BLOCK 6, RIVER FRONT SUBDIVISION NO. 3 IN THE CITY OF DUBUQUE, IOWA SO' '0' / / ") CO'O' *'~ cJa' / OUi?)' ""~. qy C;S z.,{.'. \:: "'..;:- -",'" ~ ... 0 'v '0' r!;- ~ .> ""<<- ~ q:: .... .~ .~ "- ...... q <, SW CORNER LOT 2-1-1 SOUTHERLY LINE OF LOT 2-1-1 ~". ..:!,>, 1,:.), LOT 2-1, -.!!:: BLOCK 6, RIVER .... FRONT SUB. NO. 6 "'.... LOT 2-1-1, BLOCK 6, RIVER FRONT SUB. NO. 3 ~ NORTH GRAPHIC SCALE 30 60 I o I 1"=30' DRAW1NG MAY HA VIE BEEN REDUCED PROPRIETOR: CHARLES L KESSLER LLC SURVEYED FOR: AIRGAS INC DATE OF SURVEY: JULY, 2006 TOTAL AREA SURVEYED: 5.216 SQ. FT. l HEREBY CERllf'Y T11AT lHlS I.AHD SUR'IE'Ylf'tG DOCUMENT WAS PREf'AAED AHD THE RELAlUl SURVEY 'NORK W~ PERl'ORldED BY ME OR UNUEl'l MY DIRECT PERSOHAL SUF'ER'o'ISlON AND lHA T I NoI A OUt. Y UCENSED LANtl SUR~YOR UNDER nit LAWS OF THE STATE Of lOW.... ,\\\\\111111111"'1/, .....,......," \OW..q ""III ~~ ,......,....."""', .:~ ;::. ~,' ',-'" ~ I ;" JOHN M. ". , ~.--; 1RANMER ~ It:E ?- _:. LS 63:; c:: ~C>~~ 12 1,:>"'2 ~~~" ",~lvi -;";f,'''''(''""."",,,,''',,->~,$ IIIIII',~ LANO ~""..." 'll/IUIU"""\ IIW ENGINEERS & SURVEYORS, P.C. 1HfEG1UTY IEXl'fRTISE. SOllmoNS ......"l'F_1Il ""'....0."""..... ~I:I:IrEMlSnv...MA...VE. OIJRUQUt.'....\looJ VOlCEI.....\"~....F...Xt"'),~_~,." -._- ~tL~ 9!~/a6 DRAWN ARC PLAT NO. 87 1"'-06 CHECKED ....T PROJ, NO_ 06740 DATE 06 29-06 SHEET I of 2 : \06\700\740\06740\OWG\06740 PL...T UCEHSE: NO. 12631 t.lY UCO/SE RENEWAL DATE IS 12/31/2006 PAGES OR ~EETS COVERED BY TI-iIS SEAl. / .j '2-