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Vacating Petition Union and Rush StreetsTHE CITY OF DuB E ~-~~ 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