Loading...
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 ~ „~ ': 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 tiS), ODO p,' ^~ o`ti ~~ ,~a / ~O``' ,<v ,,moo ~ ~o ~ „pry ~~ ~ ~ To ~ / `~8J NO CAP LEGEN D PLAT BOUNDARY ~ FOUND 1" IRON PIPE ^ FOUND 5/8" IRON ROD ® SET MAG NAIL IN ASPHALT ( ) 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 3' ~ (146 ~ ROW) ER MEN Wq Y TN~S PCq T Z~ / v ~o~ ~ ~ ~ . / / ~ L=20.25' R=531.13' a=2'11'03" CHORD=S54'06'35"E ~ 20.25' s 38 3' ~° 0 o`" c~ ~O' ~ ~~ ~ ~ ~~ Q`O ~ ~- v ~ ~ O ~~ / ~ Q 0 m~ L=199.68' R=1011.59' 6=11'18'34" CHORD=S21'12'35"W 199.35' O v ~ 38 3 i i r N, ~`. ~' DO,~. 4 ?6 43"W 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. \`\\\\\```\~~oii~l~/Igizz~~~i,// ANDR11iE RELATED SURVEYIWORKNWAS PERFORMEDCBMEME OR UNDERAMY IIW ENGINEERS & `~~ ``~~~iu~,,~ ~~~ DIRECT PERSONAL SUPERVISION AND MAT I AM A DULY UCENSED LAND SURVEYORS, h.C. * ;~~ ~, * %~ SURVEYOR UNDER 1NE LAWS OF 111E STATE OF IOWA. iNTeckrrv. ExrERTtse. soLUr~oNS. DUBUQUE, IA HAZEL GREEN, WI JOHN M. FOR IIW ENGINEERS do SURVEYORS, P.C. aissreNNSVwnNinnve. oueuUUe,in szooz TR A N M ER ~ ~ voicE ~s63~ ssF-zaba Fnx ~sb~> 556-~s i i ~ LS 12631 ; ~ G~ . ¢ r 9 0 / www.iiwengr.com DRAWN ARC PLAT NO. 18-IA-07 2 =, ;~ ; `~ JOHN 1RANMER DATE ~' ~ CHECKED JMT PROJ. NO. 07030-02 i~~~/SFD ,'L'A N O``c'J~~\`\ LICENSE NO. 12631 MY LICENSE RENEWAL DAIS IS 12/31/2008 DATE 04-09-07 SHEET 1 Of 2 ~~~~/~~iiii~ii~~~~~~ PAGES OR SHEETS COVERED BY THIS SEAL ~ ~ Z P: \07\030\030-01 \07030-01 \DWG\07030-02V ~`~ ~9 C' ~~~ss. J •~~,p~, ~ ~~F 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