Oak Ct - Vacate request of Harrison
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MEMORANDUM
November 14, 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
I concur with the recommendation and respectfully request Mayor and City Council
approval.
;1ti1 {;t}7/)lvtL
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psi hoyos, City Engineer
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MEMORANDUM
November 13, 2006
Michael C. Van Milligen, City Managh
Gus Psihoyos, City Engineer _ 9jv
SUBJECT: Vacating Petition - Portion of Oak Court at 801 Rising Avenue
TO:
FROM:
INTRODUCTION
A request has been received from Richard L. Harrison for the vacating of a
portion of Oak Court at Rising Avenue.
DISCUSSION
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.
RECOMMENDATION
I would recommend that a portion of Oak Court at Rising Avenue, 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 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 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 PORTION OF
OAK COURT AT RISING AVENUE
Whereas, there has been presented to the City Council of the City of Dubuque,
Iowa, a plat dated the 27th day of October, 2006, prepared by William Burger, Land
Surveyor, describing the proposed vacated portion of Oak Court at Rising Avenue; 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 27th day of October, 2006, prepared by
William Burger, Land Surveyor, 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. 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. 13th 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 A PORTION OF OAK COURT AT RISING AVENUE
Whereas, Richard L. Harrison, has requested the vacating 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
lot number thereto, which hereinafter shall be known and described as Lot 32A of Union
Addition in the City of Dubuque, Dubuque County, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has determined that this
portion of Oak Court at Rising Avenue is no longer required for public use and vacating
of said portion of Oak Court at Rising Avenue, known 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 real estate described as Lot 32A of Union 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 32A OF UNION
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 32A of Union 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.
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 32A of Union Addition in the City of Dubuque, Dubuque County, Iowa, to
Richard L. Harrison be and the same is hereby approved for the sum of $300,
plus 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 Richard L. Harrison 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
day of
2006.
Roy D. Suol, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk