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Oak Ct - Vacate request of Harrison D~~~E ~~~ 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 ". THECITYOF ~ DUB E ~Yk.~ 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