Vacating Petition Union and Rush StreetsTHE CITY OF
DuB E
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MEMORANDUM
February 9, 2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacating Petition -Portion of Union Street South of Rush Street
In response to a request from David L. Clemens, representing Robert McClain, to
vacate a portion of Union Street south of Rush Street, City Engineer Gus Psihoyos
states that the City has no plans for the utilization of that portion of Union Street south of
Rush Street proposed to be vacated and recommends approval of the request to
vacate. It is further recommended that the purchase price be established at the cost of
surveying, platting, publication and filing fees.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mich el C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF
DuB E MEMORANDUM
~,-~-~
February 8, 2007
TO: Michael C. Van Milligen, City Manage
FROM: Gus Psihoyos, City Engineer `~ `~~,,,~
SUBJECT: Vacating Petition -Portion of Union Street South of Rush Street
INTRODUCTION
A request has been received from David L. Clemens, representing Robert
McClain of 790 Rush Street, for the vacating of a portion of Union Street south of
Rush Street.
BACKGROUND
This portion of Union Street (referred to as Union Avenue on the Plat of Quinn
Street) was intended to be vacated as a condition of the plat approving the
dedication of Quinn Street in July, 1896. The City Council accepted the award of
the jury for the opening of Quinn Street and declared it a public highway on
August 3, 1896. Since no further written documentation of the transfer of the
vacated portion of Union Street is recorded, Mr. McClain's attorney is requesting
City Council action to formally vacate the area and transfer the property.
The area to be vacated is 60 feet wide and abuts Lots 209 and 210 of Union
Addition. The owner of Lot 210, Meghan M. Brauhn, has indicated she was not
interested in any portion of the proposed area to be vacated.
Mr. McClain will be responsible for the surveying, platting, publication, and filing
fees.
DISCUSSION
The City has no plans for the utilization of this portion of Union Street south of
Rush Street to be vacated.
RECOMMENDATION
I would recommend the portion of Union Street south of Rush Street in the City of
Dubuque, Dubuque County, Iowa, as shown on the attached plat of Lot 209A of
Union Addition, 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 the cost of surveying, 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
RESOLUTION NO. 109-07
RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF
UNION STREET SOUTH OF RUSH STREET
Whereas, there has been presented to the City Council of the City of Dubuque,
Iowa, a plat dated the 2nd day of January, 2007, prepared by Buesing & Associates,
Inc., describing the proposed vacated portion of Union Street south of Rush Street; 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 2nd day of January, 2007, prepared by
Buesing & Associates, Inc., 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 20th day of February 2007.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13"' Street, Dubuque, Iowa 52001 (563) 589-4270
Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563) 589-4270
RESOLUTION NO. 110-07
RESOLUTION VACATING A PORTION OF UNION STREET SOUTH OF RUSH
STREET
Whereas, Robert H. McClain, Jr. and Karen A. McClain have requested the vacating of
a portion of Union Street south of Rush Street; and
Whereas, Buesing & Associates, Inc. has prepared and submitted to the City Council a
plat showing the vacated portion of Union Street south of Rush Street and assigned lot number
thereto, which hereinafter shall be known and described as Lot 209A 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 Union Street south of Rush Street is no longer required for public use and vacating of said
portion of Union Street south of Rush Street, known as Lot 209A 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 209A of Union Addition in the City of
Dubuque, Dubuque County, Iowa, be and the same is hereby vacated.
Passed, approved and adopted this 20th day of February 2007
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
Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO. 111-07
RESOLUTION DISPOSING OF CITY INTEREST IN LOT 209A 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 9th day of February , 2007,
the City Council of the City of Dubuque, Iowa met on the 20th 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 209A 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 209A of Union Addition in the City of Dubuque, Dubuque County, Iowa, to
Robert H. McClain, Jr. and Karen A. McClain be and the same is hereby
approved for the cost of surveying, 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 Robert H. McClain, Jr. and Karen A. McClain
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 20th day of February, 2007.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk