Brunswick Adjacent Alley 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 -Brunswick Street & 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.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
~~ v
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
THE Cl'I'Y OF
DuB E
Masterpiece on t1~7e Mississippi
MEMORANDUM
November 8, 2007
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Vacating Petition -Brunswick Street & Adjacent Alley
INTRODUCTION
A request has been received 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
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 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 attached plat and resolution vacating the property should be submitted to the City
Council for consideration and approval along with a resolution disposing of the property for
a purchase price of $300.00, plus platting, publication, and filing fees.
Prepared by Ronald J. Turner, PLS
RESOLUTION NO. 562-07
RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF
BRUNSWICK STREET SOUTH OF LAWTHER STREET AND THE NORTHERLY PORTION
OF AN ALLEY WEST OF BALKS STREET SOUTH OF LAWTHER STREET
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a
plat dated the 26~' day of September, 2007, prepared by Buesing & Associates, describing 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; 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 26~' 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, over and across the entire Lot 49-A of Belmont Addition.
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:
Kevi S. Firnstahl, Assistant City Clerk
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13"' 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. 563-07
RESOLUTION VACATING A PORTION OF BRUNSWICK STREET SOUTH OF
LAWTHER STREET AND THE NORTHERLY PORTION OF AN ALLEY WEST OF BALKE
STREET SOUTH OF LAWTHER STREET
Whereas, Esther J. Thome has requested 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; 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 a 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; and
Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion
of Brunswick Street south of Lawther Street and the northerly portion of an alley west of Balke
Street south of Lawther Street is no longer required for public use and vacating of said portion
of Brunswick Street south of Lawther Street and the northerly portion of an alley west of Balke
Street south of Lawther Street, known 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 real estate described as Lot 49 A and Lot 66-A of Belmont
Addition in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby vacated.
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, over and across the entire Lot 49-A of Belmont Addition.
Passed, approved and adopted this 19th day of November, 2007.
Attes
Kevin S. Firnstahl, Assistant City Clerk
Patricia A. Cline, Mayor Pro Tem
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. 564-07
RESOLUTION DISPOSING OF CITY INTEREST IN LOT 49-A AND LOT 66-A OF BELMONT
ADDITION 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 the 9th day
of November, 2007, the City Council of the City of Dubuque, Iowa met on the 19th 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 49-A and Lot 66-A of Belmont Addition 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 49-A and Lot 66-A of
Belmont Addition in the City of Dubuque, Dubuque County, Iowa, to Esther J. Thome 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, over and across the entire Lot 49-A of Belmont
Addition 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 Esther J. Thome
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