Vacating Procedure

Procedure
The following procedure is used in the process of vacating an area of public right of way (streets or alleys) in the City of Dubuque, Iowa.
  1. Submit a sketch of area to be vacated to the City Engineer’s office.
  2. The City Engineer’s office will check for sewer and water utilities in the area and give a preliminary indication of whether the vacating is favorable or unfavorable.
  3. If a favorable condition exists, submit the request to vacate in writing to: The Honorable Mayor and City Council at 50 West 13th Street, Dubuque, Iowa, with reasons for the vacating and the area to be vacated. The Council will refer the vacating request to City staff.
  4. You must obtain the written consent of the abutting property owners of the area to be vacated and others affected by the vacation, as determined by the City Engineer.
  5. The City will notify the utility companies of the proposed vacating and inquire of the need for easements. The City may reserve an easement for any existing or proposed public or private utilities located within the proposed vacated area. This easement would preclude the placement of a building on the vacated right-of-way in order to allow for maintenance and construction of utilities.
  6. The City may have an appraisal prepared for the property to determine the fair market value, or use an assessed value of adjacent land based on a price per square foot. (You may obtain an independent appraisal at your expense, if you desire.) In addition, you would be responsible for paying publication and filing fees of $100 associated with the vacating process.
  7. A plat of survey must be prepared at your expense by a Licensed Land Surveyor. This should show the boundaries of the proposed vacating and assign a legal description to the property. The plat should show the division of the right-of-way if it is to be split between property owners.
  8. Upon receipt of the plat of survey of the area proposed to be vacated, the request would be taken to the City Council to be set for a public hearing and formal approval.
  9. After the public hearing approval by the City Council and receipt of all fees, the City will execute a Quit Claim Deed for the property and record the deed.
  10. You can pick up the Quit Claim Deed after it has been returned to the City Clerk’s office at 50 W. 13th Street from the County Recorder.