Request to Purchase Schneider_Kelly LaneTHE CITY OF
DUB E
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MEMORANDUM
January 29, 2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
r
SUBJECT: Vacating Petition -Kelly Lane between Manson Road and Pego Court
In response to a request from Jason M. Schneider to vacate a portion of Kelly Lane
between Manson Road and Pego Court, City Engineer Gus Psihoyos states that the
City has no plans for the utilization of that portion of Kelly Lane between Manson Road
and Pego Court proposed to be vacated, except for establishing a 10-foot wide utility
easement along the frontage, and recommends approval of the request to vacate. It is
further recommended that the purchase price be established at $300, plus platting,
publication, and filing fees.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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M ciM hael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
~I'HF. CITY OF
DuB E MEMORANDUM
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January 30, 2007
TO: Michael C. Van Milligen, City Manangear
FROM: Gus Psihoyos, City Engineer y~
SUBJECT: Vacating Petition -Kelly Lane between Manson Road and Pego
Court
INTRODUCTION
A request has been received from Jason M. Schneider for the vacating of a
portion of Kelly Lane between Manson Road and Pego Court
BACKGROUND
Additional right-of-way was purchased in 1996 for the reconstruction of Kelly
Lane. The roadway was widened and straightened in the area between Manson
Road and Pego Court. The alignment change moved the roadway northeasterly
in the area of the proposed vacating. This shift in roadway created excess right-
of-way on the southwesterly side of the road.
The area to be vacated varies from 5.5 feet wide to 40.7 feet. A 10-foot
easement for utilities will be reserved behind the new right-of-way line. The
remaining width of the right-of-way through this vacated section will be 50 feet.
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.
DISCUSSION
The City has no plans for the utilization of this portion of Kelly Lane between
Manson Road and Pego Court to be vacated, except for reserving the necessary
utility easements.
RECOMMENDATION
I would recommend the portion of Kelly Lane between Manson Road and Pego
Court in the City of Dubuque, Dubuque County, Iowa as shown on the attached
plat of Lot A and Lot B of Mineral Lot 511 be vacated, and that a public hearing
be held for the disposition of the City's interest in the subject area. 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
Returned to: Ronald J. Turner, City of Dubuque, 50 W. '13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO. 63-07
RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF KELLY
LANE BETWEEN MANSON ROAD AND PEGO COURT
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a
plat dated the 18th day of December, 2006, prepared by WHKS & Co., describing the proposed
vacated portion of Kelly Lane between Manson Road and Pego Court; 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 18th day of December, 2006, prepared by WHKS
& Co., 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, television cable, and electric lines as may be authorized by the City of Dubuque,
Iowa, as shown on said plat.
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 5th day of February, 2007.
Roy D. Buol, Mayor
Attest:
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Jeanne F. Schneider, City Clerk
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13`h 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. 64-07
RESOLUTION VACATING A PORTION OF KELLY LANE BETWEEN
MANSON ROAD AND PEGO COURT
Whereas, Jason M. Schneider, has requested the vacating of a portion of Kelly
Lane between Manson Road and Pego Court; and
Whereas, WHKS & Co. has prepared and submitted to the City Council a .plat
showing the vacated portion of Kelly Lane between Manson Road and Pego Court and
assigned lot numbers thereto, which hereinafter shall be known and described as Lot A
and Lot B of Mineral Lot 511 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 Kelly Lane between Manson Road and Pego Court is no longer required for
public use and vacating of said portion of Kelly Lane between Manson Road and Pego
Court, known as Lot A and Lot B of Mineral Lot 511 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 A and Lot B of Mineral Lot
511 in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby vacated.
Section 2. The City of Dubuque reserves unto itself a perpe#ual 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, and electric lines as may be authorized by
the City of Dubuque, Iowa, as shown in the Plat of Survey of Lot A and Lot B of Mineral
Lot 511 in the City of Dubuque, Dubuque County, Iowa.
Passed, approved and adopted this 5th day of February, 2007.
Roy D. Buol, Mayor
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. 65-07
RESOLUTION DISPOSING OF CITY INTEREST IN LOT A AND LOT B
OF MINERAL LOT 511 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 26tH day of January , 2007,
the City .Council of the City of Dubuque, Iowa met on the 5 to day of
February 2007, 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 A and Lot B of Mineral Lot 511 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 A and Lot B of Mineral Lot 511 in the City of Dubuque, Dubuque County,
Iowa, to Jason M. Schneider be and the same is hereby approved for the sum of
$300.00, plus the cost of platting, publication, and filing fees. Conveyance shall
be by Quit Claim Deed.
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, television cable, and electric
lines as may be authorized by the City of Dubuque, Iowa, as shown in the Plat of
Survey of Lot A and Lot B of Mineral Lot 511 in the City of Dubuque, Dubuque
County, Iowa.
Section 3. 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 Jason M. Schneider upon receipt of the
purchase price in full.
Section 4. 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 5th day of February, 2007
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk