Crescent Comm. Health Ctr Vacate alley
THE CITY OF ~
DUB E
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MEMORANDUM
October 30,2006
, ;
,
TO:
The Honorable Mayor and City Council Members
I.)
~' . ..)
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 City Council approval of a request
received from John Gronen, representing Pine Box, LLLP and Washington Court, LP, to
vacate the alley between Washington Street and Elm Street from 17th 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.
fL.l ~r1ll
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 27,2006
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer .)2jQ
SUBJECT: Vacating Petition - Alley between Washington Street and Elm
Street from 17th to 18th Streets
INTRODUCTION
A request has been received from John Gronen, representing Pine Box, LLLP
and Washington Court, LP for the vacating of an alley between Washington
Street and Elm Street from 17th to 18th Streets.
DISCUSSION
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 an
existing 20-foot wide alley between Washington Street and Elm Street from 17th
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
Washington Court, LP to create parcels of equal size, as outlined in an
Agreement by and among the City of Dubuque, Washington Court, LP, and Pine
Box, LLLP.
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 Washington Court, LP and Pine Box, LLLP.
RECOMMENDATION
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, LLLP and Washington Court, LP per the Agreement,
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 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.
RESOLUTION APPROVING PLAT OF PROPOSED VACATED ALLEY BETWEEN
WASHINGTON STREET AND ELM STREET FROM 17TH STREET TO 18TH STREET
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a
plat dated the 9th day of October, 2006, prepared by Buesing & Associates, describing the
proposed vacated Lots 159A and 159B of "East Dubuque" an Addition 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 9th day of October, 2006, prepared by Buesing &
Associates, relative to the real estate hereinabove described be and the same is hereby
approved, and the Mayor and City Clerk be and they are hereby authorized and directed to
execute said plat for and on behalf of the City of Dubuque, Iowa.
Section 2. The City of Dubuque reserves 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, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as
shown on the Plat of Survey of Lots 159A and 159B of "East Dubuque" an Addition in the City of
Dubuque, Dubuque County, Iowa.
Section 3. 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
day of
,2006.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
Prepared by: Ronald J. Turner, City 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.
RESOLUTION VACATING AN ALLEY BETWEEN WASHINGTON STREET
AND ELM STREET FROM 17TH STREET TO 18TH STREET
Whereas, John Gronen, representing Pine Box, LLLP and Washington Court, LP,
has requested the vacating 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 Lots 159A and 159B of "East Dubuque" an Addition in the City
of Dubuque, Dubuque County, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has determined that the
alley between Washington Street and Elm Street from 17th Street to 18th Street is no
longer required for public use, except for reserving the utility easements as noted, and
vacating of said alley between Washington Street and Elm Street from 17th Street to
18th Street known as Lots 159A and 159B of "East Dubuque" an 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 real estate described as Lots 159A and 159B of "East
Dubuque" an Addition in the City of Dubuque, Dubuque County, Iowa, be and the same
is hereby vacated.
Passed, approved and adopted this
day of
,2006.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
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.
RESOLUTION DISPOSING OF CITY INTEREST IN LOT 159B of "EAST
DUBUQUE" AN ADDITION 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 _ day of , 2006,
the City Council of the City of Dubuque, Iowa met on the day of
, 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 159B of "East Dubuque" an Addition 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 159B of "East Dubuque" an Addition in the City of Dubuque, Dubuque
County, Iowa, to Washington Court, LP be and the same is hereby approved for
the exchange of properties. 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 Washington Court, LP, upon receipt of the
executed Agreement among Washington Court, LP, Pine Box, LLLP, and the City
of Dubuque.
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
day of
2006.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
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PROJECT NO. 06204
RONT1.JRNER
C/O CITY OF OUBUOUE
50 Wf;ST IJt~ STREET
[)UBuQUE,IA,52001
(563)569-4270
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