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BVM Sisters vacate Carmel Dr.O'CONNOR & THOMAS, P.C. ATTORNEYS AT LAW FOUNrDED 1840 DUBUQUE BUILDING 700 LOCUST ST., SUITE 200 DUBUQUE, IOWA 52001-6874 January 10, 2002 OF COUNSEL ROBERT M. BERTSCH 1907-1989 FRANCISJ. O'CoNNoR 1916-1990 TELEPHONE (563) 557-8400 TELECOPIER (563) 556-1867 E-MgJL othornaspc~r nwci.net The Honorable Mayor Terry Duggan and City Council 50 West 13th Street Dubuque, IA 52001-4864 Dear Mayor Duggan and City Council: We represent the Sisters of Charity of the Blessed Virgin Mary. In 1974 a portion of Carmel Drive was dedicated to the City of Dubuque by the Sisters in conjunction with the platting of Lots 1 through 6 of "Carmel Heights." Ownership of Lots 5 and 6 of "Carmel Heights" has always remained with the Sisters. The remainder of Carmel Drive is a private roadway bordered on either side b~ property owned by the Sisters. We would like that portion of Carmel Drive which borders Lots 5 and 6 to once again revert to a private roadway, bordered on each side by property owned by the Sisters. Our reason for doing this is to utilize this ground to locate a closed vertical ground loop to provide geothermal energy for the BVM complex at 1100 Carmel Drive. To accomplish this, the City would have m vacate that portion of Carmel Drive now fronting Lots 5 and 6, an area of approximately 12,000 square feet (300, x 40'). We have spoken to Run Turner at the City Engineer's Office and have been advised that this is possible in accordance with the Cky's vacation procedure. There are no adjoinfisg landowners from whom we must obtain a written consent. Please consider this our request to vacate that portion of Carmel Drive shown on the enclosed sketch. Very truly yours, O'CONNOR & THOMAS, P.C. Brendan t. Quann BTQ:cmm Eric. cc: Sister Joellen McCarthy, BVM Mr. Greg Fuglsang