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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 ~~~j 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 S:1wplCynd illedersld Ic171207-Ctrs. wpd