Oak Court vacate at Rising - Harrison
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MEMORANDUM
October 30,2006
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Vacating Petition - Portion of Oak Court at 801 Rising Avenue
In response to a request from Richard L. Harrison to vacate a portion of Oak Court at
Rising Avenue, City Engineer Gus Psihoyos states that the City has no plans for the
utilization of that portion of Oak Court, recommends approval of the request to vacate
for a purchase price of $300, plus platting, publication and filing fees, and that a Public
Hearing be set for November 20, 2006.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
(ltA ~ /)4/^--
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
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MEMORANDUM
October 30, 2006
TO:
FROM:
Michael C. Van Milligen, City M;~~~
Gus Psi hoyos, City Engineer VA/
SUBJECT: Vacating Petition - Portion of Oak Court at 801 Rising Avenue
INTRODUCTION
A request has been received from Richard L. Harrison for the vacating of a
portion of Oak Court at Rising Avenue.
DISCUSSION
The attached plat shows the proposed portion of Oak Court at Rising Avenue to
be vacated. The abutting property is owned by Richard L. Harrison.
The area to be vacated is divided into one lot numbered Lot 32A of Union
Addition in the City of Dubuque, Dubuque County, Iowa. Lot 32A of Union
Addition is an 8-foot portion of existing 50-foot wide Oak Court, on which no
public utilities exist. The existing house structure encroaches into the right-of-
way of Oak Court several feet at this location. The location of 801 Rising Avenue
is at the intersection of Oak Court, Rising Avenue, and Union Street. The
proposed vacating will remove the encroachment and leave a minimum of 42 feet
of right-of-way for Oak Court. Currently Oak Court is paved 24 feet wide and
dead ends 450 feet east of this location.
The property has been valued at $300 for the cost to coordinate and process the
vacating, plus $100 for publication and filing fees. The property owner will be
responsible for the surveying and platting fees.
RECOMMENDATION
The City has no plans for the utilization of the portion of Oak Court at Rising
Avenue to be vacated.
I would recommend that the area indicated by Lot 32A of Union Addition 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 November 20, 2006. I would further recommend that the
purchase price be established at $300, plus 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 resolution.
Prepared by Ronald J. Turner, PLS
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RESOLUTION NO. 530-06
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY
INTEREST IN LOT 32A OF UNION ADDITION IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Richard L. Harrison has requested the vacating and disposal of
a portion of Oak Court at Rising Avenue; and
Whereas, William Burger, Land Surveyor, has prepared and submitted to
the City Council a plat showing the vacated portion of Oak Court at Rising
Avenue and assigned a lot number thereto, which hereinafter shall be known and
described as Lot 32A of Union Addition 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 Lot 32A of Union Addition in the City of Dubuque, Dubuque County,
Iowa.
Section 2. That the conveyance of Lot 32A of Union Addition in the City of
Dubuque, Dubuque County, Iowa to Richard L. Harrison be contingent upon the
payment of $300, plus platting, publication and filing fees.
Section 3. That the City Clerk be and is hereby authorized and directed to
cause a notice of intent to vacate and dispose of said real estate to be published
in the manner as prescribed by law.
Passed, approved and adopted this 6th day of November, 2006..
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
eanne F. Schneider, CMC, City Clerk
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NORTH
OAK COURT PARTIAL VACATE
VICINITY MAP
GRAPHIC SCALE
100 50 0 50
~I
100
I
DRAWING MAY HAVE BEEN REDUCED
1 INCH'" 100 FEET
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VACATE AREA
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PR~PAR€D BY BilL 8l.IROCR OF lW. BURGER LIoJIDS!JRV(YOR ~IO 3RD STRUT WEST COURT WORTHINGTON, IOWA ~2078 (~6J) 855 2028
LOT
PLAT
32A OF
OF SURVEY
UNION ADDITION
BE/NG A VACATED PORTION OF OAK COURT IN UNION ADDITION. IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
RISING A VENUE
5-17 OF
LOT 1- OT ]30
CITY L
LOT 3
COOPERS
SUB.
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LOT 32A
0.01 ACRES TOTAL
493.33 SQ. FT. TOTAL
P.D.B.
I HT OF' WAY LINe
LEGEND
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SET 1/2" IRON ROD WjYEUOW LS CAP #12642
FD. IRON ROD WI YE"LLOW CAP #12642
LOT LINE SURVEYED
RECORDED AS
EXISTING FENeEL INE
POINT OF BEGINNING
C1$~~D
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P.Q.B.
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60 0
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60
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120
LINE BEARING
Ll S 28'26 17 E
L2 N 28"26'17" W
DISTANCE
8.00
8.00
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NO. or SHUTS COVERED BY 1HISSEJJ.2
SHEETS111Z
0,11, TE OF SURVEY: 9/27/2005 SCALE:; 1" _ 60'
PROPR I ETORS: CITY OF' DUBUQUE, IOWA
SHEFf 1 OF 4
I HEREBY crRT I FY THA T TH I S LANDSURVEY I NG DOCUMENT WAS
PREPARED AND RHA TED SURVEY MmK WAS PREFORMED BY ME OR
UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY
LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF' IOWA.
MY LICENSE RENEWAL DATE IS DECEMBER 31, 2006
Wm. Burger
LandSurveyor
510 3rd Street West Court
Worthington, lowo 52078
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SKETCH PLAN
LOT 32A
Bf:ING A VACA TED PORTION OF OAK COURT IN UNION ADDITION,
IN THE CITY OF DUBUQUe DUBUQUE COUNTY, IOIIA
klES T 62'
UNION ADDI
IN
RIGHT Dr IoIA Y LINe
N 28'26'17' II
8.00'
RISING A VENUE
LEGEND
o SET 1/2' IRON ROD W/YELLOW LS CAP 12642
. FD. 1/2' IRON ROD W/YELLOW LS CAP #12642
PROPOS[D BOUNDARY SURV[Y[D
SID[ WALK
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20 0
I
20
I
40
EAST 124'
S 28026'}7' E
6.00'
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