Vacating Petition of Raven Oaks DriveTHE CITY OF
DLTB E
Masterpiece on the Mississippi
MEMORANDUM
August 14, 2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacating Petition -Portion of Raven Oaks Drive
In response to a request from Kluck Construction to vacate a portion of Raven Oaks
Drive abutting Lot 4 of Raven Oaks No. 2, City Engineer Gus Psihoyos states that the
City has no plans for the utilization of that portion of Raven Oaks Drive, except for
reserving the utility easements as noted, and recommends approval of the request to
vacate. It is further recommended that the purchase price be established at $3,244,
plus platting, publication and filing fees, and that a public hearing be set for
September 4, 2007.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
s
Mich el C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
`CHE CITY OF
DUB E
Masterpiece an the Mississippi
MEMORANDUM
August 13, 2007
TO: Michael C. Van Milligen, City Mana
FROM: Gus Psihoyos, City Engineer
SUBJECT: Vacating Petition -Portion of Raven Oaks Drive
INTRODUCTION
A request has been received from Kluck Construction for the vacating of a
portion of Raven Oaks Drive abutting Lot 4 of Raven Oaks No. 2.
DISCUSSION
The attached plat shows the proposed portion of Raven Oaks Drive abutting Lot
4 of Raven Oaks No. 2 to be vacated. The abutting property is owned by Kluck
Partnership.
The area proposed to be vacated will be divided into one lot. This lot is a 10-foot
portion of existing 50-foot wide right-of-way on which public utilities currently
exist. The existing 25-foot wide pavement for Raven Oaks Drive at this location
is constructed on the south half of the right-of-way. This condition leaves
between 24 and 26 feet of right-of-way north of the north curb of Raven Oaks
Drive. The south curb of Raven Oaks Drive is on or very near the south right-of-
way line. These distances vary, however, as the pavement meanders through
the right-of-way from John F. Kennedy Road to the eastern terminus of the
street.
In order to provide additional parking fora proposed 12-plex that Kluck
Partnership is constructing, they are proposing to purchase a 10-foot wide strip of
Raven Oaks Drive abutting Lot 4 of Raven Oaks No. 2. Engineering has
determined that if Raven Oaks Drive was reconstructed to a minimum of 27-foot
wide, with allowance fora 4-foot sidewalk and 2-foot parkway on both sides,
adequate right-of-way would remain. The City would reserve easement over the
entire vacated area for existing utilities.
The property has been valued at $3.30 per square foot or $3,244.00, plus $100
for publication and filing fees. The property owner will be responsible for the
surveying and platting fees associated with the vacating. The City Council's
preliminary approval on the proposed vacating was granted at the July 16, 2007
Council meeting.
RECOMMENDATION
The City has no plans for the utilization of the portion of Raven Oaks Drive
abutting Lot 4 of Raven Oaks No. 2 to be vacated, except for utility easements as
noted.
I would recommend that the area indicated by Raven Oaks Drive abutting Lot 4
of Raven Oaks No. 2 in the City of Dubuque, Dubuque County, Iowa, as shown
on the attached plat be vacated, and that a public hearing be set for the
disposition of the City's interest in the subject area on September 4, 2007.
I would further recommend that the purchase price be established at $3,244.00,
plus platting, publication, and filing fees.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and a public
hearing should be set on the disposal of the property through the adoption of the
enclosed resolution.
Prepared by Ronald J. Turner, PLS
RESOLUTION NO. 437-07
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY
INTEREST IN LOT 4A OF RAVEN OAKS NO. 2 IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA
Whereas, Kluck Construction has requested the vacating and disposal of
a portion of Raven Oaks Drive; and
Whereas, Buesing & Associates has prepared and submitted to the City
Council a plat showing the vacated portion of Raven Oaks Drive and assigned lot
number thereto, which hereinafter shall be known and described as Lot 4A of
Raven Oaks No. 2 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 City of Dubuque intends to vacate and dispose of its
interest in Lot 4A of Raven Oaks No. 2 in the City of Dubuque, Dubuque County,
Iowa.
Section 2. That the conveyance of Lot 4A of Raven Oaks No. 2 in the City
of Dubuque, Dubuque County, Iowa, to Kluck Partnership be contingent upon the
payment of $3,244.00, plus platting, publication, and filing fees.
Section 3. That the City Clerk be and is hereby authorized and directed to
cause a notice of intent to vacate and dispose of said real estate to be published
in the manner as prescribed by law.
Passed, approved and adopted this 20th day of August 2007.
Roy D. Buol, Mayor
Jeanne F. Schneider, CMC City Clerk
98 _------- ___ 98
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EXHIBIT FOR PROPOSED ROW