Vacating Kerper Blvd Block 19 No. 3THE CITY OF
D'LTB J ~ E
Masterpiece ctn the Mississippi
MEMORANDUM
May 30, 2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacating Petition - A Portion of Kerper Boulevard in Block 19 of River
Front Subdivision No. 3
City Engineer Gus Psihoyos is recommending approval of a request from Union-
Hoermann Press, Inc. for the vacating of a portion of Kerper Boulevard that abuts the
existing Union-Hoermann facility at 2175 Kerper Boulevard. Union-Hoermann press will
utilize the area for additional employee parking.
The City has no plans for the utilization of this portion of Kerper Boulevard to be
vacated, except for a utility easement ten feet behind the proposed right-of-way line as
shown on the plat. City Engineer Gus Psihoyos is recommending sale of this property
at a price of $8,839, plus surveying, platting, publication and filing fees.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
r
~c
Mich el C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
fiHE CITY OF ~ „~
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DUB E
Masterpiece cm the Missssi}~pi
MEMORANDUM
May 18, 2007
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
~~
SUBJECT: Vacating Petition - A Portion of Kerper Boulevard in Block 19
of River Front Subdivision No. 3
INTRODUCTION
A request has been received from Union-Hoermann Press, Inc. (Union-
Hoermann) for the vacating of a portion of Kerper Boulevard that abuts the
existing Union-Hoermann facility at 2175 Kerper Boulevard.
BACKGROUND
Union-Hoermann Press, Inc. will utilize the area for additional employee parking.
DISCUSSION
Because of space restrictions between the Union-Hoermann building and the
existing right-of-way, Union-Hoermann is requesting the vacating of
approximately 4,064 square feet of right-of-way along Kerper Boulevard. The
vacated area would be paved and landscaped to accommodate additional
parking spaces.
The City has no plans for the utilization of this portion of Kerper Boulevard to be
vacated, except for a utility easement 10 feet behind the proposed right-of-way
line as shown on the plat.
RECOMMENDATION
I would recommend that a portion of Kerper Boulevard in Block 19 of River Front
Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa, 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 June 4, 2007. I would further
recommend that the purchase price be established at $8,839.00, plus 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
Prepared by: Ronald J. Tumer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Retum to: Ronald J. Tumer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 323-07
RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF
KERPER BOULEVARD IN BLOCK 19 OF RIVER FRONT SUBDIVISION N0.3
Whereas, there has been presented to the City Council of the City of Dubuque,
Iowa, a plat dated the 19~' day of April, 2007, prepared by IIW Engineers & Surveyors,
PC, describing the proposed vacated portion of Kerper Boulevard in Block 19 of River
Front Subdivision No. 3 to be known as Lot 1A, Block 19, River Front Subdivision No. 3
in the City of Dubuque, Dubuque County, Iowa; and
Whereas, said plat. conforms to the taws 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 19`h day of April, 2007, prepared by IIW
Engineers & Surveyors, PC, 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,
fovea.
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 4th Day of June , 2007
Roy Buol
Atte
~c~~
Jeanne F. Schneider, CMC, City Clerk
Prepared by: Ronald J. Tumer, City of Dubuque, 50 W. 13"' Street, Dubuque, IA 52001 (563) 589-4270.
Retum to: Ronald J. Tumer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 324-07
RESOLUTION VACATING A PORTION OF KERPER BOULEVARD IN BLOCK.
19 OF RIVER FRONT SUBDIVISION NO. 3
Whereas, Union-Hoermann Press, Inc. (Union-Hoermann) has requested the
vacating of a portion of Kerper Boulevard in Block 19 of River Front Subdivision No. 3;
and
Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the
City Council a plat showing the vacated portion of Kerper Boulevard in Block 19 of River
Front Subdivision No. 3 and assigned lot number thereto, which hereinafter shall be
known and described as Lot 1A, Block 19, River Front Subdivision No. 3 in the City of
Dubuque, Dubuque County, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has determined that a
portion of Kerper Boulevard in Block 19 of River Front Subdivision No. 3 is no longer
required for public use, except for reserving the utility easements as noted, and vacating
of said portion of Kerper Boulevard in Block 19 of River Front Subdivision No. 3 known
as Lot 1A, Block 19, River Front Subdivision No. 3 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 1A, Block 19, River Front
Subdivision No. 3 in the City of Dubuque, Iowa, be and the same is hereby vacated.
Passed, approved and adopted this 4th Day of June, 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 325-07
RESOLUTION DISPOSING OF CITY INTEREST IN LOT 1A, BLOCK 19,
RIVER FRONT SUBDIVISION NO. 3 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 25tH day of May , 2007,
the City Council of the City of Dubuque, Iowa met on the 4th day of
June 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 1A, Block 19, River Front Subdivision. No. 3 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 1A, Block 19, River Front Subdivision No. 3 in the City of Dubuque, Dubuque
County, Iowa, to Union-Hoermann Press, Inc. be and the same is hereby
approved for the sum of $8,839.00 plus the costs 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 Union-Hoermann Press, Inc. 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.
2007.
Passed, approved and adopted this 4th Day of June, 2007
Roy. D. Buol, Mayor
Atte
Jeanne F. Schneider, CMC, City Clerk
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Address Tax Statement: Union-Hoermann Press, Inc., 2175 Kerper Boulevard, Dubuque, IA 52001
QUIT CLAIM DEED
The City of Dubuque, Iowa, a municipal corporation of Dubuque County, Iowa, for Eight
Thousand Eight Hundred Thirty Nine and 00/100 Dollars ($8,839.00) does hereby Quit Claim
unto:
Union-Hoermann Press, Inc.
2175 Kerper Boulevard
Dubuque, IA 52001
all its rights, title, and interest in the following described real estate situated in Dubuque County,
Iowa, to wit:
Lot 1A, Block 19, River Front Subdivision No. 3 in the City of Dubuque, Dubuque County,
Iowa
No declaration of value is required according to Iowa Code Section 428A.1
The City reserved 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, fiber optics,
and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of
Survey of said Lot 1A.
This deed is given pursuant to the authority of Resolution No. of the City of Dubuque,
adopted , 2007, the terms and conditions thereof, if any, having been fulfilled.
Signed this day of , 2007
CITY OF DUBUQUE, IOWA
By:
Roy D. Buol, Mayor
Attest:
By:
Jeanne F. Schneider, CMC, City Clerk
STATE OF IOWA )
ss
DUBUQUE COUNTY )
On this day of , 2007, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared Roy D. Buol and Jeanne F. Schneider, to me
personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Dubuque, Iowa, a municipal corporation; that the seal affixed to the
foregoing instrument is the corporate seal of said corporation, by the authority of its City Council,
as contained in Ordinance No. 2-5 of the City of Dubuque Code of Ordinances, passed by
Resolution of the City Council under Resolution No. of the City Council on the day of
2007; and Roy D. Buol and Jeanne F. Schneider acknowledged the execution of
the instrument to be their voluntary act and deed and the voluntary act and deed of the
corporation, by it voluntarily executed.
Notary Public In and For Said State
REAL ESTATE TRANSFER -GROUNDWATER HAZARD STATEMENT
Please read the filing instructions on the reverse side BEFORE completing this form.
PART I - TO BE COMPLETED BY TRANSFEROR
TRANSFEROR Name City of Dubuque
Address 50 W 13th Street Dubuque, IA 52001
Number and Street or RR J City, Town or P.O.State Zip
TRANSFEREE Name Union-Hoermann Press Inc Dubuque IA 52001
Address 2 ] 75 Ke er Boulevard Dubu ue IA 52001
Number and treet or RR City, Town or P.O. tate tp
Address of Property Transferred NA
Num er an treet or RR ¢y, own, or State Ztp
Legal Description of Property Lot lA Block 19 River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa
1. Wells (check one)
X There are no known wells situated on this property.
There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below.
2. Solid Waste Disposal (check one)
X There is no known solid waste disposal site on this property.
There is a solid waste disposal site on this property, but no notice has been received from the Department of Natural Resources that the
site is deemed to be potentially hazardous.
There is a solid waste disposal site on this property which has been deemed to be potentially hazardous by the Department of Natural
Resources. The location(s) of the site(s) is stated below.
3. Hazardous Wastes (check one)
X There is no known hazardous waste on this property.
There is hazardous waste on this property and it is being managed in accordance with Department of Natural Resources rules.
4. Underground Storage Tanks (check one)
X There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks,
most heating oil tanks, cisterns and septic tanks, in instructions.)
There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are described below.
5. Private Burial Site (check one)
X There are no known private burial sites on this property.
There is a private burial site on this property. The location(s) of the site(s) is stated below. The known identifying information of the
decedent is stated below.
Information, if any, required by statements checked above:
Attachment for Additional Information? Y / N If so, number of pages
~._....
I HEREBY DECLARE '~ AT THE INF RM~c1'ION CONTAINED IN PART l OF THIS STATEMENT IS TRUE AND CORRECT.
1, r ~ ~(,ti
Signature: ~ '~~ ~"`~~`' ~~~~ ~'"`~ Telephone Number: (563) 589-4270
Trans eror or Agent us Psi oyo' ids, City Engineer
PART II - TO BE COMPLETED BY RECORDER
Date of Instrument
Date of Recording
Deed C' Contract ~' County
Book/I.D. Page/I.D.
City or Township
DNR form (November 02) FILE WITH RECORDER 542-0960
PREPARED BY: IIW ENGINEERS & SURVEYORS P.C, 4155 PENNSYLVANIA AVE, DUBUQUE, IOWA, 563.556.2464
PLAT OF SURVEY
LOT 1 A, BLOCK 19, RIVER FRONT SUBDIVISION N0. 3
IN THE CITY OF DUBUQUE, IOWA
L=46.96' (47')
R=25.00'
0=-107'38'00"
CHORD=N86'28'38"E
40.36'
LOT 2-2, BLOCK 19,
RIVER FRONT SUB. N0. 3
NW CORNER
LOT 1, BLOCK 19
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( ) RECORD INFORMATION
ROW RIGHT-OF-WAY
NORTH
GRAPHIC SCALE
0 40 80
1 "= 40'
POINT OF BEGINNING
SE CORNER LOT 1-2
(NAIL IN CONC. GUTTER)
LOT 1, BLOCK 19,
RIVER FRONT SUB. N0. 3
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R=531.13'
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L=199.68'
R=1011.59'
6=11'18'34"
CHORD=S21'12'35"W
199.35'
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DRAWING MAY HAVE BEEN REDUCED /
DESCRIPTION: A 20-FOOT WIDE VACATED STRIP OF KERPER BOULEVARD
LYING EASTERLY OF AND ADJACENT TO LOT 1-2, BLOCK 19, RIVER
FRONT SUBDIVISION N0. 3 IN THE CITY OF DUBUQUE, IOWA
PROPRIETOR: CITY OF DUBUQUE, IOWA
SURVEYED FOR: CONLON CONSTRUCTION
DATE OF SURVEY: APRIL, 2007
TOTAL AREA SURVEYED: 4,064 SQ. FT.
SU_RVEYOR'S NOTE
NO WASHERS W/ N0. 12631 WERE SET' WITH
THE MAG NAILS IN ORDER TO PRESERVE
THE CORNERS IN THE PAVED AREAS.
NOTE
THIS SURVEY IS SUBJECT TO EASEMENTS,
RESERVATIONS, RESTRICTIONS AND
RIGHTS-OF-WAY OF RECORD AND NOT OF
RECORD.
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NE CORNER LOT 1-2
LOT 1-2, BLOCK 19,
RIVER FRONT SUB. N0. 3
37, 522 SQ. FT.
L=206.80" (206.79')
R=1031.59'
a-11'29'09"
CHORD=N21'17'52"E
206.45'
tiS),
p00 ,, RESERVED FOR -1
p ~,~ 10' PUBLIC
~ UTILITY EASEMENT
2pp p p, PER THIS PLAT
Page 2 of 2
SURVEY'OR'S CERTIFICATE
I, John M. Tranmer, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that the
following real estate was surveyed and platted by me or under my direct personal supervision, To Wit:
A 20 foot wide vacated strip of Kuper Boulevard lying Easterly of and adjacent to Lot 1-2, Block 19,
River° Fro~at Subdivision No. 3 in the City of Dubuque, Iowa.
This survey was performed for the purpose of subdividing and platting said real estate henceforth to be
known as Lot lA, Block 19, River Front Subdivision No. 3 in the City of Dubuque, Iowa, more
particularly described as follows:
Beginning at the Southeasterly corner of said Lot 1-2, Block 19, River Front Subdivision No. 3;
Thence Northerly, 206.80 feet along the arc of a circular curve concave Easterly, having a radius of
1.031.59 feet, a central angle of 11 degrees 29 minutes 09 seconds, and whose chord bears North 21
degrees 17 minutes 52 seconds East, 206.45 feet, said curve being on the existing Westerly right-of--way
line of Kerper Boulevard (146' wide) and the Easterly line of said Lot l -2;
Thence Easterly, 20.25 feet along the arc of a circular curve concave Northerly, having a radius of 531.13
feet, a central angle of 02 degrees 1 l minutes 03 seconds, and whose chord bears South 54 degrees 06
minutes 35 seconds East, 20.25 feet;
Thence Southerly, 199.68 feet along the arc of a circular curve concave Easterly, having a radius of
1011.59 feet, a central angle of 11 degrees 18 minutes 34 seconds, and whose chord bears South 21
degrees 12 minutes 35 seconds West, 199.35 feet;
Thence North 74 degrees 26 minutes 43 seconds West, 20.00 feet to the point of beginning.
Containing 0.093 acres or 4,064 square feet, more or less, and subject to easements, reservations,
restrictions, and rights-of--way of record and not of record, the plat of which is attached hereto and made a
part of this certificate.
. ti
OWNER'S CONSENT
Notary Public in the State of Iowa
My Commission Expires
CITY COUNCIL
Dubuque, Iowa
20_
The foregoing plat of Lot lA, Block 19, River Front Subdivision No. 3 in the City of Dubuque, Iowa, is
made with the free consent and in accordance with the desires of the undersigned owners and proprietors
of said real estate.
FOR THE CITY OF DUBUQUE, IOWA
By
State of Iowa )
ss:
County of Dubuque )
Roy D. Buol, Mayor
By
Jeanne F. Schneider, City Clerk
On this day of , 20 ,before me, a Notary Public in and for the County
of Dubuque and State of Iowa, personally appeared Roy D. Buol and Jeanne F. Schneider, to me
personally known who, being duly sworn did say that the said Roy D. Buol is Mayor and the said Jeanne
F. Schneider is City Clerk of the City of Dubuque, Iowa, and that the seal affixed to the above instrument
is the corporate seal of the City of Dubuque, Iowa, and that said instrument was signed and sealed on
behalf of the said City of Dubuque, Iowa, by authority of the City Council of said city, and the said Roy
D. Buol and Jeanne F. Schneider acknowledged the execution of said instrument to be the voluntary act
and deed of said City of Dubuque, lowa, by it voluntarily executed.
Witness my hand and notarial seal on the date last above written.
Dubuque, Iowa
20
The undersigned, Mayor and Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing plat
in the City of Dubuque, Iowa, has been filed in the office of the Clerk of the City of Dubuque, and that by
Resolution No. the Dubuque City Council approved said plat.
Roy D. Buol
Mayor of the City of Dubuque
Jeanne F. Schneider
Clerk of the City of Dubuque
COUNTY AUDITOR
Dubuque, Iowa
_ , 20_
The foregoing plat was entered of record in the office of the Dubuque County Auditor this
day of , 20
Denise M. Dolan
Dubuque County Auditor
CITY ASSESSOR
Dubuque, Iowa , 20
The foregoing plat was entered of record in the office of the Dubuque City Assessor this
day of , 20
Richard A. Engelken
Dubuque City Assessor
Dubuque, Iowa
RECORDER'S CERTIFICATE
20
The foregoing plat of Lot IA, Block 19, River Front Subdivision No. 3 in the City of Dubuque, Iowa, has
been reviewed by the Dubuque County Recorder.
Kathy Flynn Thurlow
Dubuque County Recorder