Carmel Dr Vacate to BVMMEMORANDUM
March 22, 2002
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
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 and recommends the vacation for a purchase price of
$14,852.88, plus platting, publication and filing fees.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
MEMORANDUM
March 12, 2002
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
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 pumhase 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
Michael C. Van Milligen
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, Public 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 mare 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 $1.32 per square foot, for a total of $15,752.88.
A surveying and platting credit was established at $900.00, reducing the value to
$14,852.88.
RECOMMENDATION
The City has no plans for the utilization of the portion of Carmel Drive to be
vacated.
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.
would further recommend that the purchase price be established at $14,852.88,
plus platting, publication, and filing fees,
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and a public hearing
should be scheduled on the disposal of the property through the adoption of the
enclosed resolutions and ordinance.
MAK/vjd
Prepared by Ronald J. Turner, P.L.S.
O'CONNOR & THOMAS, P.C.
ATTORNEYS AT LAW
DUBUQUE ,B UE~DL~G
700 LOCUST ST., SU~I~ 200
DUBUQUE, IOWA 52001-6874
3anuary 10, 2002
E. MARSHALL TMOMA$
1907-1989
FP~NCl$ J. O'CONNOR
1916-1990
(563) 557-8400
(563] $56-1867
othon~spc~nw~.n~t
The Honorable Mayor Terry Duggan
and City Council
50 West 13~ Street
Dubuque, IA 52001-4864
Dear Mayor Duggan and City Council:
We represent the Sisters of Charily of the 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
I 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 s to utilme this ground to locate a closed vertical ground loop
to provide geothermal energy for the BVM complex at 1 I00 Cannel Drive.
To accomplish this: the City would have to vacate that portion o f Carmel Drive now fronting
Lots 5 and 6, an area of approximately 12,000 square feet (300' x 407. We have spoken to Ron
Turner at the City Engineer's Office and have been advised that this is possible in'accordance with
· e ,..,ty ~, v,~.a~on procedure. There are no adjoining iandowa~ers from' whbm we must obtain a
written consent. Please consider this our request to vacate that portion of Cannel Drive shown on
the enclosed sketch.
BTQ:cmm
Enc.
cc: Sister Joellen McCarthy, BVM
Mr. Grog Fuglsang
Very truly yours,
O' ,~OR & THOMAS, P.C. *
~Brend~u~T. Quarto \ '~ ''"'~
Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864
RESOLUTION NO. 186-02
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 the
22"d day of March, 2002, the City Council of the City of Dubuque, Iowa met on the 1st day of April, 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 BYTHE 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 the 1st day of April, 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 6 OF
CARMEL HEIGHTS IN THE CITY OF DUBUQUE, IOWA
LOT 4
% ~ X / ~ LOT 5
L = 159.54'
CH.BRG. N~7~7'42"W %- ' _6 ~0- ~ /
~ CH = 64.47'
O SET 5/8" IRON ROD W/ CH.BRG. N37'4{'3S'W S~ &0.00 NORTH
P~s~c CAP N0, 12631 CH = 35.52"
~ SET NAIL W/ ~ASH~ NO. 12631
( ) RECORD INFORMA~ON GRAPHIC SCALE
O 60 120
NO~
ORDINANCE NO. -02
ORDINANCE VACATING A PORTION OF CARM EL DRIVE
Whereas, the Sisters of Charity of the Blessed Virgin Mary has requested the
vacating of a portion of Carmel Drive; 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 pL~blic 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
day of ,2002.
Attest:
Terrance M. Duggan, Mayor
Jeanne F. Schneider, CMC, City Clerk
Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-486,1
RESOLUTION NO.
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
portio_ns 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 day of
,2002.
Attest:
Terrance M Duggan, Mayor
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
wdtten 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 [o 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.
Attest:
Terrance M. Duggan, Mayor
Jeanne F. Schneider, CMC, City Clerk