Vacating Petition_Quigley LaneTHE CTI`Y OF
DUB CJE
Masterpiece on the 1Vlississi~pi
MEMORANDUM
October 26, 2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacating Petition -Quigley Lane
In response to a request from David L. Clemens, representing Denise M. Keller, to
vacate a portion of Quigley Lane west of Pierce Street, City Engineer Gus Psihoyos
states that the City has no plans for the utilization of that portion of Quigley Lane, except
for reserving the utility easements as noted. City Engineer Gus Psihoyos recommends
approval of the request to vacate for a purchase price of $300, plus platting, publication
and filing fees and recommends that a public hearing be set for November 19, 2007, on
the disposal of this property.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
V~
Mi ael 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
Masterpiece on the Mississippi
MEMORANDUM
October 25, 2007
TO: Michael C. Van Milligen, City Manager `!
FROM: Gus Psihoyos, City Engineer ~ ,
SUBJECT: Vacating Petition -Quigley Lane
INTRODUCTION
This is in response to a request from David L. Clemens representing Denise M. Keller for the
vacating of a portion of Quigley Lane west of Pierce Street.
DISCUSSION
The attached plat shows the portion of Quigley Lane west of Pierce Street to be vacated. The
abutting properties are owned by Denise M. Keller and Timothy A. Lange and Keri A. Johnson.
Timothy A. Lange and Keri A. Johnson have indicated they are not interested in purchasing any
portion of the area being vacated.
The area to be vacated is divided into one lot numbered Lot 1-6-A of Kringle's Subdivision of Out
Lot 743 in the City of Dubuque, Dubuque County, Iowa. Lot 1-6-A of Kringle's Subdivision is an
existing 20-foot wide street on which public utilities exist. Perpetual easement rights will be
reserved on the entire Lot 1-6-A of Kringle's Subdivision for maintenance of the existing storm
sewer and other utilities.
The property is abutting residential properties and therefore valued at $300 to recover the cost of
coordinating and processing the request. In addition, the petitioner is responsible for paying for all
platting, publication, and filing fees.
RECOMMENDATION
The City has no plans for the utilization of this portion of Quigley Lane west of Pierce Street
proposed to be vacated, except for reserving the utility easements as noted.
I would recommend that the area indicated by Lot 1-6-A of Kringle's Subdivision of Out Lot 743 in
the City of Dubuque, Dubuque County, Iowa, 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 November 19. I would
further recommend that the purchase price be established at $300.00, 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
scheduled on the disposal of the property through adoption of the enclosed resolution.
Prepared by Ronald J. Turner, PLS
RESOLUTION NO. 532-07
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY
INTEREST IN LOT 1-6-A OF KRINGLE'S SUBDIVISION OF OUT LOT 743 IN
THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, David L. Clemens representing Denise M. Keller has requested
the vacating and disposal of a portion of Quigley Lane west of Pierce Street; and
Whereas, Buesing & Associates has prepared and submitted to the City
Council a plat showing the vacated portion of Quigley Lane west of Pierce Street
and assigned lot number thereto, which hereinafter shall be known and described
as Lot 1-6-A of Kringle's Subdivision of Out Lot 743 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 1-6-A of Kringle's Subdivision of Out Lot 743 in the City of
Dubuque, Dubuque County, Iowa.
Section 2. That the conveyance of Lot 1-6-A of Kringle's Subdivision of
Out Lot 743 in the City of Dubuque, Dubuque County, Iowa, to Denise M. Keller
be contingent upon the payment of $300.00, plus platting, publication, and filing
fees.
Section 3. The City of Dubuque reserves 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, t.v. cable, and electric lines
as may be authorized by the City of Dubuque, Iowa, as indicated on the Plat of
Survey of Lot 1-6-1 of Kringle's Subdivision of Out Lot 743 in the City of
Dubuque, Dubuque County, Iowa.
Section 4. 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 5th day of November, 2007.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
Buol, Mayor
VACATE
NORTH
QUIGLEY LANE
VICINITY MAP
GRAPHIC SCALE
200 100 0 100 200
DRAWING MAY HAVE BEEN REDUCED
1 INCH = 200 FEET
David L. Clemens
Jeffrey L. Walters
CLEMENS WALTERS
~,
~C M
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Jennifer A. Clemens-Conlon
Sarah 1J. Stork Meyer
2080 Southpark Court
Dubuque, IA 52003
July 16, 2007
Honorable Mayor and City Council
50 West 13th Street
Dubuque, IA 52001-4845
Re: Vacate City Property
Dear Mayor and Council Members:
Phone: (563) 582-2926
Fax: (563) 582-2998
office@cwcmlaw.com
Please be advise we represent Denise Keller and this letter is being written on behalf of her
regarding the possibility of purchasing a portion of an alley abutting her property at 1819 Pierce
Street, Dubuque, IA 52001, which is called Quigley Lane.
She plans to use the vacated property for additional land. She has contacted the
Engineering Department and they have indicated to her a favorable condition for vacating but may
need an easement reserved for utilities. We understand that the vacated area would need to be
surveyed and platted at our expense and a fee paid for the parcel plus publication and filing fees.
Please call me at (563)582-2926 if you have any questions.
Also, she would be interested in purchasing as much of that property in the event the
abutting property owners do not desire to purchase any part. Enclosed you will find a copy of the
Plat sharing Cuigley Lane.
Sincerely,
Dav L. Clemens
DLC/cas
Enclosure
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