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Carmel Dr vacate to BVM'sMEMORANDUM March 12, 2002 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Vacating Petition - Carmel Drive A request has been received from Brendan T. Quann, representing the Sisters of Charity of the Blessed Virgin Mary, to vacate a portion of Carmel Drive. Public Works Director Mike Koch states that the City has no plans for the utilization of the portion of Carmel Drive to be vacated, recommends the vacation for a purchase price of $14,852.88, plus platting, publication and filing fees, and that a public hearing be set for April 1, 2002. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Michael A. Koch, Public Works Director FROM: SUBJECT: CITY OF DUBUQUE, IOWA MEMORANDUM March 11, 2002 Michael C. Van Milligen, City Manager Michael A. Koch, Pubic Works Director Vacating Petition - Carmel Drive INTRODUCTION This is in response to a request from Brendan T. Quann, representing the Sisters of Charity of the Blessed Virgin Mary for the vacating of a portion of Carmel Drive. DISCUSSION The attached plat shows the proposed portion of Carmel Drive to be vacated. The abutting properties are owned by the Sisters of Charity of the Blessed Virgin Mary. The area to be vacated is divided into one lot numbered Lot 5A of Carmel Heights in the City of Dubuque, Iowa. Lot 5A is an existing 40-foot wide street on which an existing public watermain exists. The watermain south of the south line of Lot 4 of Carmel Heights will be converted to a private main with proper valving and a flushing hydrant to be installed by the petitioner. Existing service lines to Lots 5 and 6 will be abandoned per City requirements. An indemnity agreement is in process to allow for maneuvering of City maintenance, refuse, and transit vehicles. The existing Lots 5 and 6 will be consolidated with Lot 5A and other adjacent parcels to eliminate non-conforming lots due to frontage requirements. The property has been valued at 91.32 per square foot, for a total of 915,752.88. A surveying and platting credit was established at 9900.00, reducing the value to 914,852.88. RECOMMENDATION The City has no plans for the utilization of the portion of Carmel Drive to be vacated, I would recommend that the area indicated by Lot 5A of Carmel Heights in the City of Dubuque, 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 April 1, 2002. I would further recommend that the purchase price be established at 914,852.88, 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 the adoption of the enclosed resolutions and ordinance. MAK/vjd Prepared by Ronald J. Turner, P.L.S. O'CONNOR & THOMAS, P.C. ATTORNEYS AT LAW FOUNDED 1840 DUBUQUE BUILDING 700 LOCUST ST., SUITE 200 DUBUQUE, IOWA 52001-6874 January 10, 2002 (563) 556-1867 E-MAIL othomaspc@mwci.net The Honorable Mayor Terry Duggan and City Council 50 West 136 Street Dubuque, IA 52001-4864 Dear Mayor Duggan and City Council: We represent the Sisters of Charity ofthe Blessed Virgin Mary. In 1974 a portion of Carmel Drive was dedicated to the City of Dubuque by the Sisters in conjunction with the platting of Lots 1 through 6 of "Carmel Heights." Ownership of Lots 5 and 6 of "Carmel Heights" has always remained with the Sisters. The remainder of Carmel Drive is a private roadway bordered on either side by property owned by the Sisters. We would like that portion of Carmel Drive which borders Lots 5 and 6 to once again revert to a private roadway, bordered on each side by property owned by the Sisters. Our reason for doing this is to utilize this ground to locate a closed vertical ground loop to provide geothermal energy for the BVM complex at 1100 Cannel Drive. To accomplish this, the City would have to vacate that portion of Carmel Drive now fronting Lots 5 and 6, an area of approximately 12,000 square feet (300' x 40'). We have spoken to Ron Turner at the City Engineer' s Office and have been advised that this is possible in accordance with the City's vacation procedure, There are no adjoining Iandowners from whom we must obtain a written consent. Please consider this our request to vacate that portion of Carmel Drive shown on the enclosed sketch. Very truely yours, O'CONNOR & THOMAS, P,C. BTQ:cmm Eno. cc: Sister Joellen McCarthy, BVM Mr. Greg Fuglsang Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. 170-02:: RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF CARMEL DRIVE Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated February 22, 2002, prepared by IIW Engineers & Surveyors, PC, describing the proposed vacated portion of Carmel Drive; 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 February 22, 2002, prepared by IIW Engineers & Surveyors, PC, 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. 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 18th day of March, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk PLAT OF SURVEY LOT 5A OF CARMEL HEIGHTS IN THE CITY OF DUBUQUE, IOWA DESCRIPTION: BEING THE VACATED PART OF THE 40 FOOT WIDE CARMEL DRIVE RIGHT-OF-WAY SOUTHWESTERLY OF AND ADJACENT TO LOT 5 AND LOT $ OF CARMEL HEIGHTS IN THE CITY OF DUBUQUE, IOWA ~ ~POINT OF BEGINNING ~ x N L = 159.54' / ~ CH.BRG. S47~7'42"E / CH.BRG. N47~7'42"W ~ ~ ' G ~0~ o . - CH = , PART OF LOT 7 2~ ~.BRG. S37'44'39"E LEGEN~ '~'~ ~ CH = P~T BOUNDARY ' " k t FOUND 1" IRON PiPE UNLESS ~0~ L: 36.34' ~3'~ ~11111~ SET 5/8" IRON ROD W/ CH.BRG. N37'44'35"W ~ 40'00 NORTH PLAS~C CAP NO. 12631 CH = 35.52' SET NAIL W/ WASHER NO. 12631 RECORD INFORMA~ON NO'rE THIS SURVEy IS SUBJECT TO EASEMENTS. COVENANTS, SERVITUDES. RESERVATIONS, RESIRICTIONS AND RIGHTS-OF-WAY OF RECORD AND NOT OF RECORD, SURVEYED FOR: SISTERS OF CHARITY, BVM PROPRIETOR: CITY OF DUBUQUE GRAPHIC SCALE 0 60 120 1" = 60' DRA~NG MAY dAVE BEEN REDUCED TOTAL AREA SURVEYED: 11,954 SQ. FT. DATE OF SURVEY: OCTOBER 2001 JOHN M. LS 12631 I~IIWENGINEERS & SURVEYORS. P.C. ORDINANCE NO. 25-02 ORDINANCE VACATING A PORTION OF CARMEL DRIVE Whereas, the Sisters of Charity of the Blessed Virgin Mary has requested the vacating of a portion of Carmel Ddve; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated portion of Carmel Drive and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 5A of Carmel Heights in the City of Dubuque, Dubuque County, Iowa; Whereas, the City Council of the City of Dubuque, Iowa has determined that a portion of Carmel Ddve is no longer required for public use, and vacating of said portion of Carmel Drive known as Lot 5A of Carmel Heights 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 5A of Carmel Heights in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 18th Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk day of March, 2002. Prepared by: Michael A. KochI Public Works Director Address: 50 W. 13th Street, Dubuque, iA 52001-4864 RESOLUTION NO. 171-02 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 5A OF CARMEL HEIGHTS, DUBUQUE, IOWA Whereas, the Sisters of Charity of the Blessed Virgin Mary has requested the vacating of a portion of Carmel Drive. Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated portion of Carmel Drive and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 5A of Carmel Heights in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of Carmel Drive is no longer required for public use, and vacating and sale of said portions of alleys and streets known as Lot 5A of Carmel Heights 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 dispose of its interest in Lot 5A of Carmel Heights in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot 5A of Carmel Heights in the City of Dubuque, Iowa to the Sisters of Charity of the Blessed Virgin Mary be contingent upon the payment of $14,852.88, plus platting, publication and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 18th day of March, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -02 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 5A OF CARMEL HEIGHTS, DUBUQUE, 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 day of ,2002, the City Council of the City of Dubuque, Iowa met on the day of ,2002, at 6:30 p.m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque, County, Iowa to consider the proposal for the sale of real estate described as: Lot 5A of Carmel Heights in the City of Dubuque, 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 5A of Carmel Heights in the City of Dubuque, Iowa to the Sisters of Charity of the Blessed Virgin Mary be and the same is hereby approved for the sum of $14,852.88 plus cost of publication, platting and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. 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 the Sisters of Charity of the Blessed Virgin Mary upon receipt of the purchase price in full. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this __ day of ,2002. Terrance M Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk