Quigley Lane Vacating PetitionTHE CITY OF
DUB E
Masterpiece on the Mississippi
MEMORANDUM
November 13, 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.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
~~
Mich el 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 ott the Mississippi
MEMORANDUM
November 8, 2007
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer --
SUBJECT: Vacating Petition -Quigley Lane
INTRODUCTION
A request has been received 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.
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.
RECOMMENDATION
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 held on the disposition of the City's
interest in the subject area.
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 held on the disposal of the property through adoption of the
enclosed resolutions.
Prepared by Ronald J. Turner, PLS
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
Returned to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO. 559-07
RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF
QUIGLEY LANE WEST OF PIERCE STREET
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a
plat dated the 26th day of September, 2007, prepared by Buesing & Associates, describing the
proposed vacated portion of Quigley Lane west of Pierce Street; and
Whereas, said plat conforms to the laws 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 26th day of September, 2007, prepared by Buesing
& Associates, 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, Iowa.
Section 2. 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, television cable, and electric lines as may be authorized by the City of Dubuque,
Iowa, as indicated on said plat.
Section 3. 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 19th day of November, 2007.
Patricia A. Cline, Mayor Pro Tem
Attest:
Kevin S. Firnstahl, Assistant City Clerk
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13`h Street, Dubuque, IA 52001 (563) 589-4270
Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 560-07
RESOLUTION VACATING A PORTION OF QUIGLEY LANE WEST OF PIERCE
STREET
Whereas, David L. Clemens representing Denise M. Keller has requested the vacating
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 a 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; and
Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion
of Quigley Lane west of Pierce Street is no longer required for public use and vacating of said
portion of Quigley Lane west of Pierce Street, known 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 real estate described as Lot 1-6-A of Kringle's Subdivision of Out
Lot 743 in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby vacated.
Passed, approved and adopted this 19th day of November, 2007.
Patricia A. Cline, Mayor Pro Tem
Attest:
Kevin S. Firnstahl ,Assistant City Clerk
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
Returned to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO. 561-07
RESOLUTION DISPOSING 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, 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 9tr- day of November 2007, the City Council of the City of
Dubuque, Iowa met on the 19~' day of November, 2007, at 6:30 p.m. in the Historic Federal
Building, 350 West 6th Street, Dubuque, Iowa, to consider the proposal for the sale of real
estate described as:
Lot 1-6-A of Kringle's Subdivision of Out Lot 743 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 1-6-A of
Kringle's Subdivision of Out Lot 743 in the City of Dubuque, Dubuque County, Iowa, to Denise
M. Keller be and the same is hereby approved for the sum of $300.00, plus the cost of platting,
publication, and filing fees. Conveyance shall be by Quit Claim Deed.
Section 2. 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, television 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-A of Kringle's Subdivision of Out Lot 743 in
the City of Dubuque, Dubuque County, Iowa.
Section 3. 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 Denise M. Keller upon receipt of the purchase price in full.
Section 4. 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.
Passed, approved and adopted this 19th day of November, 2007.
Patricia A. Cline, Mayor Pro Tem
Attest:
Kevin S. Firnstahl, Assistant City Clerk
~~~
David L. Clemens
Jeffrey L. Walters
Jennifer A. Clemens-Conlon
Sarah ~. 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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