Vacating Petition_Brunswick AlleyTFiE CITY OF
DuB E
MGist~er~~ie~ce ~~ri fhe Mississippi
MEMORANDUM
October 26, 2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacating Petition -Brunswick Street and Adjacent Alley
In response to a request from Esther J. Thome to vacate a portion of Brunswick Street
south of Lawther Street and the northerly portion of an alley west of Balke Street south
of Lawther Street, City Engineer Gus Psihoyos states that the City has no plans for the
utilization of the portion of Brunswick Street to be vacated, 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.
Michael 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 t11e Mississippi
MEMORANDUM
October 25, 2007
TO: Michael C. Van Milligen, City Mana
FROM: Gus Psihoyos, City Engineer .
SUBJECT: Vacating Petition -Brunswick Street & Adjacent Alley
INTRODUCTION
This is in response to a request from Esther J. Thome for the vacating of a portion of
Brunswick Street south of Lawther Street and the northerly portion of an alley west of Balke
Street south of Lawther Street.
DISCUSSION
The attached plat shows the proposed vacated portion of Brunswick Street south of
Lawther Street and the northerly portion of an alley west of Balke Street south of Lawther
Street to be vacated. Other abutting properties are owned by Lee R. and Pamela L.
Ostrander and the Horn Family Trust.
The Ostranders have consented to the vacating in writing, and indicated that they do not
care to own any portion of the proposed area to be vacated. No response was received
from the Horn Family Trust after several attempts to contact them.
The areas being vacated are divided into two lots numbered Lot 49-A and Lot 66-A of
Belmont Addition. Lot 66-A is an existing 25-foot wide street. Lot 49-A is an existing 20-
foot wide alley. Public utilities exist only on Lot 49-A. Perpetual easement rights will be
reserved on the entire Lot 49-A for maintenance of the existing 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 all platting, publication, and filing fees.
RECOMMENDATION
The City has no plans for the utilization of this portion of Brunswick Street south of Lawther
Street and the northerly portion of an alley west of Balke Street south of Lawther Street to
be vacated, except for reserving the utility easements as noted.
I would recommend that the area indicated by Lot 49-A and Lot 66-A of Belmont Addition 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, 2007. I would further recommend that the purchase price be established at
$300.00, plus platting, publication, and filing fees.
ACTION TO BE TAKEN
The attached resolution should be submitted to the City Council for consideration to set a
public hearing on November 19, 2007 for the disposition of the City's interest in the subject
area. The purchase price should be established at $300.00, plus platting, publication, and
filing fees.
Prepared by Ronald J. Turner, PLS
RESOLUTION NO. 533-07
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY
INTEREST IN LOT 49-A AND LOT 66-A OF BELMONT ADDITION IN THE
CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Esther J. Thome has requested the vacating and disposal of a
portion of Brunswick Street south of Lawther Street and the northerly portion of
an alley west of Balke Street south of Lawther Street; and
Whereas, Buesing & Associates has prepared and submitted to the City
Council a plat showing the vacated portion of Brunswick Street south of Lawther
Street and the northerly portion of an alley west of Balke Street south of Lawther
Street and assigned lot numbers thereto, which hereinafter shall be known and
described as Lot 49-A and Lot 66-A of Belmont Addition 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 49-A and Lot 66-A of Belmont Addition in the City of Dubuque,
Dubuque County, Iowa.
Section 2. That the conveyance of Lot 49-A and Lot 66-A of Belmont
Addition in the City of Dubuque, Dubuque County, Iowa, to Esther J. Thome 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 Lot 49-A of
Belmont Addition 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.
Attest:
Jeanne F. Schneider, CMC, City Clerk
Roy D. Buol, Mayor
VACATE
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BRUNSWICK AND ADJACENT ALLEY 200 ;oo~a,PHic SCAL o0 200
NORTH VICINITY MAP
DRAWING MAY HAVE BEEN REDUCED
1 INCH = 200 FEET
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July 3, 2007
Honorable Mayor & City Council:
This letter is being written to inquire about the possibility of purchasing a portion of a city
street/alley abutting my property at 2820 Brunswick St. Acquiring the street is for
enhancing the property and better access. The alley is not being maintained by the city and
would then become my responsibility.
After contacting the Engineering Department, they have indicated a favorable condition
but may need easements reserved for utilities. We know the vacated area needs to be
surveyed and platted at our expense and a fee paid for the parcel, plus publication and
filing fees.
Please call me at 583-8867, if you have questions
Thank you for your consideration of this request.
Sincerely,
Esther Thome
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