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Kebbie D Disposal to R. KlauerMEMORANDUM September 26, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Vacating Petition - Kebbie Drive In response to a request from Roger F. Klauer to vacate a portion of Kebbie Drive south of Daniels Street, Public Works Director Mike Koch states that the City has no plans for the utilization of that portion of Kebbie Drive, except for reserving the utility easements as noted, and recommends approval of the request to vacate. 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 September 10, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Vacating Petition - Kebbie Drive In response to a request from Roger F. Klauer to vacate a portion of Kebbie Drive south of Daniels Street, Public Works Director Mike Koch states that the City has no plans for the utilization of that portion of Kebbie Drive, except for reserving the utility easements as noted, and recommends approval of the request to vacate and that a public hearing be set for October 1, 2001. 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 CITY OF DUBUQUE, IOWA MEMORANDUM September 6, 2001 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Vacating Petition - Kebbie Drive INTRODUCTION This is in response to a request from Roger F. Klauer, representing his three children (Sullivan, Triolo, and Klauer, Roger G.), for the vacating of a portion of Kebbie Drive south of Daniels Street. DISCUSSION The attached plat shows the portion of Kebbie Drive to be vacated. The abutting properties are owned by Pamela A. Triolo, Roger G. Klauer, Kathleen M. Sullivan, and Julie A. and Rick J. Hardorff. The area to be vacated is divided into two lots numbered Lot 4A of Block 3 C.J. Bies Subdivision and Lot 5A of Block 3 C.J. Bies Subdivision. Kebbie Drive is an existing 50-foot wide street on which a sanitary sewer crosses. Perpetual easement rights will be reserved on the entire Lot 4A and the northern portion of Lot 5A for maintenance of the existing sanitary sewer and other utilities. The property has been valued at $1.25 per square foot, for a total of $20,717.00. A credit of $1,500.00 was deducted for surveying and platting costs, establishing a sale price of $19,217.00. RECOMMENDATION The City has no plans for the utilization of the portion of Kebbie Drive to be vacated, except for reserving the utility easements as noted. I would recommend that the areas indicated by Lot 4A of Block 3 C.J. Bies Subdivision and Lot 5A of Block 3 C.J. Bies Subdivision 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 October 1, 2001. I would further recommend that the purchase price be established at $19,217.00, 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 scheduled on the disposal of the property through adoption of the enclosed resolutions and ordinance. MAK/vjd Prepared by Ronald J. Turner, P.L.S. Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF KEBBIE DRIVE SOUTH OF DANIELS STREET Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated September 5, 2001, prepared by IIW Engineers & Surveyors, P.C., describing proposed vacated portion of Kebbie Drive south of Daniels 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 September 5, 2001, prepared by IIW Engineers & Surveyors, P.C., 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 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, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown 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 day of ,2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk S ~'~ I00 I00 50 I0o ~00 i ~oo i ~ 2-009 i 2t~-004 ~.. ., ~ PLAT OF SURVEY LOT 4A AND LOT 5A, BLOCK .5, C.J. BINS SUBDIVISION, IN THE CITY OF DUBUQUE, IOWA (VACATION OF PART OF KEBBIE DRIVE) L~ I /--A=90'04'58" POINT OF ~ /L=T&61 / BEGINNING ~5rI. ~ /CH=70.76 / Lot 4, ~ ~, ~/ CH. BRG=S44"58'~9'E ~ Block ~] 7' PUBLIC 0 o5. oo') ~o:oo~ ~ 99 99' / l =0 07 (loo.oo') N89'~1 '50~W N89%1 LNW Corner 199.98 Lot ~o, (2OO.OO3 AREA SUR~YED: 0 ~ ~ TOTAL 16,574 S.F. 0 'E A ~ ~ 0 . o i J 6 ~ o p ~ LEGEND I ~ ~ o ~ ~ I PARCEL 80UND~Y ~ ~ ~ % I FOUND 1' IRON PIPE UNLESS NO~ 0 SET 5/8" IRON ROD W/ ( ) RECORD INFORMA~ON ~ i. L=88.18(88.36) L=88.56(88.56) 7 ' 0H=74.74 0H=7~.85 I OH. CH. 7.~'(7.58') 7.59'(7.58') N89'58'51"W / SOU~ UNE OF 50.07' NON c.J. ~Es SUBD~SiO~ (50.00') NORTH ~lS SURVEY IS SUBJECT TO EASEMENTS. CO.NAN., GRAPHIC SCALE SERa. DES, RESERVA~ONS, RES~IC~ONS AND RIGH%-OF-WAY OF RECORD AND NOT OF RECORD. 0 50 100 LOT 4A, BLOCK 3 ~S HEREBY RESER~D AS A PUBLIC U~LI~ EASEMENT PROPRIETOR: CI~ OF DUBUQUE DRA~NG MAY HAVE BEEN REDUCED SURVE%D FOR; RODER KLAUER DA~ OF SURLY: 08-21-01 Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 ORDINANCE NO. - 01 ORDINANCE VACATING A PORTION oF KEBBIE DRIVE SOUTH OF DANIELS STREET Whereas, Pamela A. Triolo, Roger G. Klauer, and Kathleen M. Sullivan have requested the vacating of a portion of Kebbie Drive south of Daniels Street; and Whereas; IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the vacated portion of Kebbie Drive south of Daniels Street and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 4A and Lot 5A of Block 3 C.J. Bies Subdivision in the City of Dubuque, Dubuque County, Iowa; Whereas, the City Council of the City of Dubuque, Iowa has determined that portion of Kebbie Drive south of Daniels Street is no longer required for public use, except for utility easements as noted, and vacating of said portion of Kebbie Drive south of Daniels Street known as Lot 4A on said plat and Lot 5A of Block 3 C.J. Bies Subdivision 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 4A of Block 3 C.J. Bies Subdivision and Lot 5A of Block 3 C.J.-Bies Subdivision in the City of Dubuque, 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, t.v. cable, and electdc lines as may be authorized by the City of Dubuque, Iowa, as shown on the plat of survey of Lot 4A and 5A of Block 3 C.J. Bies Subdivision. Passed, approved and adopted this day of ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street~ Dubuque, IA 52001-4864 RESOLUTION NO. -01 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 4A OF BLOCK 3 C.J. BIES SUBDIVISION AND LOT 5A OF BLOCK 3 C.J. BIES SUBDIVISION, DUBUQUE, IOWA Whereas, Pamela A. Triolo, Roger G. Klauer, and Kathleen M. Sullivan have requested the vacating of a portion of Kebbie Drive south of Daniels Street. Whereas, lIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the vacated portion of Kebbie Drive south of Daniels Street and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 4A of Block 3 C.J. Bies Subdivision and Lot 5A of Block 3 C. J. Bies Subdivision in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of Kebbie Drive south of Daniels Street is no longer required for public use, except for utility easements as noted on said plat, and vacating and sale of said portions of alleys and streets known as Lot 4A of C.J. Bies Subdivision and Lot 5A of Block 3 C. J. Bies Subdivision 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 4A of Block 3 C.J. Bies Subdivision and Lot 5A of Block 3 C. J. Bies Subdivision in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot 4A of Block 3 C.J. Bies Subdivision in the City of Dubuque to Julie A. and Rick J. Hardorff be contingent upon the payment of $664.00. Section 3. That the conveyance of Lot 5A of Block 3 C.J. Bies Subdivision in the City of Dubuque to Pamela A. Triolo, Roger G. Klauer, and Kathleen M. Sullivan be contingent upon the payment of $18,553.00, plus platting, publication, and filing fees. Section 4. 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, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the plat of Survey of Lot 4A and Lot 5A of Block 3 C.J. Bies Subdivision. Section 5. 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 ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, iA 52001-4864 RESOLUTION NO. -0i RESOLUTION DISPOSING OF CITY INTEREST IN LOT 4A OF BLOCK 3 C.J. BIES SUBDIVISION AND LOT 5A OF BLOCK 3 C.J. BIES SUBDIVISION, 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 ,2001, the City Council of the City of Dubuque, Iowa met on the day of ,2001, 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 4A of Block 3 C.J. Bies Subdivision and Lot 5A of Block 3 C.J. Bies Subdivision 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 4A of Block 3 C.J. Bies Subdivision in the City of Dubuque, Iowa to Julie A. and Rick J. Hardorff be and the same is hereby approved for the sum of $664.00. Conveyance shall be by Quit Claim Deed. Section 2. That the sale of City of Dubuque real property described as Lot 5A of Block 3 C.J. Bies Subdivision in the City of Dubuque, Iowa, to Pamela A. Triolo, Roger G. Klauer, and Kathleen M. Sullivan be and the same is hereby approved for the sum of $18,553.00, plus the cost of publication, platting, and filing fees. Conveyance shall be by Quit Claim Deed. Section 3. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, construction, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown in the Plat of Survey of Lot 4A and Lot 5A of Block 3 C.J. Bies Subdivision. Section 4. That the Mayor be authorized and directed to execute Quit Claim Deeds, and the City Clerk be and is hereby authorized and directed to deliver said deeds of conveyance to Pamela A. Triolo, Roger G. Klauer, and Kathleen M. Sullivan and Julie A. and Rick J. Hardorff upon receipt of the purchase pdce in full. Section 5. 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 ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Address Tax Statemerr~: Rick J. and Julie A. Hardorff, 1565 Kebbie Drive, Dubuque, IA 52002 QUIT CLAIM DEED The City of Dubuque, Iowa, a municipal corporation of Dubuque County, Iowa, for Six Hundred Sixty Four and 00/100 Dollars ($664.00) and other good and valuable consideration, does hereby Quit Claim unto: Rick J. and Ju[ie A. Hardorff 1565 Kebbie Drive Dubuque, IA 52002 all its rights, title, and interest in the following-described real estate situated in Dubuque County, Iowa, to-wit: Lot 4A of Block 3 C. J. Bies Subdivision in the City of Dubuque, Dubuque County, Iowa The City reserves unto itself a perpetua[ easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstruction, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the plat of survey of Lot 4A and Lot 5A in Block 3 C. J. Bies Subdivision. No declaration of value is required according to Iowa Code Section 428A.1. This deed is given pursuant to the authority of Resolution No. of the City of Dubuque, adopted , 2001, the terms and conditions thereof, if any, having been fulfilled. Signed this __ day of ,2001. CITY OF DUBUQUE, IOWA By: Terrance M. Duggan, Mayor Attest: By: Jeanne F. Schneider, City Clerk STATE OF IOWA ) ) ss DUBUQUE CQUNTY ) On this day of , 2001, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Terrance M. Duggan and Jeanne F. Schneider, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, by the authority of its City Council, as contained in Ordinance No. 2-5 of the City of Dubuque Code of Ordinances, passed by Resolution of the City Council under Resolution No. of the City Council on the day of , 2001; and Terrance M. Duggan and Jeanne F. Schneider acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public In and For Said State. Prepared by: Ronaid J. Turner, City of Dubuque, §0 W. 13th Street, D~buque, iowa (319) 589-4270 Address Tax Stateme~: Kathieen M. Sullivan, 575 So. Fork, Waukee, iA 50363 QUIT CLAIM DEED The City of Dubuque; Iowa, a municipal corporation of Dubuque County, Iowa, for Eighteen Thousand Five Hundred Fifty-Three Dollars ($18,553.00) and other good and valuable consideration, does hereby Quit Claim unto: Kathleen M. Sullivan, Pamela A, Triolo, and Roger G. Klauer 575 So. Fork Waukee, IA 50263 all its rights, title, and interest in the following-described rea] estate situated in Dubuque County, Iowa, to*wit: Lot 5A of Block 3 C. J. Bies Subdivision in the City of Dubuque, Dubuque County, Iowa The City reserves unto /tself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstruction, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the plat of survey of Lot 4A and Lot 5A in Block 3 C. J. Bias Subdivision. No declaration of value is required according to Iowa Code Section 428A.1. This deed is given pursuant to the authority of Resolution No. of the City of Dubuque, adopted ,2001, the terms and conditions thereof, if any, having been fulfilled. Signed this day of , 2001 CITY OF DUBUQUE, IOWA By: Terrance M. Duggan, Mayor By: Jeanne F. Schneider, City Clerk STATE OF IOWA ) ) ss DUBUQUE COUNTY On this __ day of , 2001, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Terrance M. Duggan and Jeanne F. Schneider, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a municipal corporation; that the seai affixed to the foregoing instrument is the corporate seal of said corporation, by the authority of its City Council, as contained in Ordinance No. 2-5 of the City of Dubuque Code of Ordinances, passed by Resolution of the City Council under Resolution No. __ of the City Council on the day of , 2001; and Terrance M. Duggan and Jeanne F. Schneider acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act end deed of the corporation, by it voluntarily executed. Notary Public in and For Said State. CITY OF .DUBUQUE, IOWA MEMORANDUM September 17, 2001 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Vacating Petition - Kebbie Drive (September.17, 2001 Council Item) INTRODUCTION The vacating of a portion of Kebbie Drive is scheduled to be set for a public hearing at the City Council meeting of September 17, 2001. DISCUSSION Subsequent to the writing of my recommendation on September 6, 2001, we have found an error in the calculation of the value of the property that is proposed to be vacated to Pamela A. Triolo, Roger G. Klauer, Kathleen M. Sullivan, and Julie and Rick Hardorff. The memo indicates that the value for the lot which the Council is being asked to approved was to be $19,217.00. This error has indicated that the correct amount should be ~ 14,273.00. Therefore, my recommendation contained in my September 6, 2001 memorandum should be modified to recommend a purchase price of 814,273.00, plus platting, filing, and application fees. Enclosed you will find a revised resolutions of Intent of Dispose of City Interest and a Disposing of City Interest in the Kebbie Drive vacated properties. MAK/vjd Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13"h Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 4A OF BLOCK 3 C.J. BIES SUBDIVISION AND LOT 5A OF BLOCK 3 C.J. BIES SUBDIVISION, DUBUQUE, IOWA Whereas, Pamela A. Tdolo, Roger G. Klauer, and Kathleen M. Sullivan have requested the vacating of a portion of Kebbie Drive south of Daniels Street. Whereas, IlW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the vacated portion of Kebbie Drive south of Daniels Street and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 4A of Block 3 C.J. Bies Subdivision and Lot 5A of Block 3 C. J. Bies Subdivision in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of Kebbie Drive south of Daniels Street is no longer required for public use, except for utility easements as noted on said plat, and vacating and sale of said portions of alleys and streets known as Lot 4A of Block 3 C.J. Bies Subdivision and Lot 5A of Block 3 C. J. Bies Subdivision 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 4A of Block 3 C.J. Bies Subdivision and Lot 5A of Block 3 C. J. Bies Subdivision in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot 4A of Block 3 C.J. Bies Subdivision in the City of Dubuque to Julie A. and Rick J. Hardorrf be contingent upon the payment of $664.00. Section 3. That the conveyance of Lot 5A of Block 3 C.J. Bies Subdivision in the City of Dubuque to Pamela A. Triolo, Roger G. Klauer, and Kathleen M. Sullivan be contingent upon the payment of $13,609.00, plus platting, publication, and filing fees. Section 4. 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, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the plat of Survey of Lot 4A and Lot 5A of Block 3 C.J. Bies Subdivision. Section 5. 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 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Memorandum To: Mike Koch, Public Works Director CC: Roger Klauer From: Ron Turner ~ Date: 09/1712001 Re: Kebbie Drive Vacate This memo is written to correct the amounts to be paid for the disposal of Kebbie Dr. right of way. The "Resolution of Intent to Dispose" is on the agenda for tonight's Council meeting. In calculating the amount to be paid for the property to be disposed of, I had failed to give Mr. Klauer credit for the area of land that he is dedicating for the construction of a future cul-de-sac. At the agreed upon value of $1.25 per square foot, the reduction in value for this area would be $4920. This amount should be deducted from the sale price shown in the memo and resolutions. Also, because of additional work necessary to establish the property lines in the area, the survey costs have now been determined to be $1524.00. The summary of these revisions is as follows: Value of vacated property $20717.00 Credit for survey and plat $ 1524.00 Creditforcul-de-sac $ 4920.00 Sale price for both lots $14273.00 Therefore, in order to reconcile the above figures, Lot 5A, Block 3 of C.J. Bies Subdivision should be disposed of for $13609.00. And the resolutions revised accordingly. The value of Lot 4A will remain the same at $664.00 Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13~h Street, Dubuque, IA 52001-4864 RESOLUTION NO. 422-01 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 4A OF BLOCK 3 C.J. BIES SUBDIVISION AND LOT 5A OF BLOCK 3 C.J. BIES SUBDIVISION, DUBUQUE, IOWA Whereas, Pamela A. Tdolo, Roger G. Klauer, and Kathleen M. Sullivan have requested the vacating of a portion of Kebbie Drive south of Daniels Street. Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the vacated portion of Kebbie Drive south of Daniels Street and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 4A of Block 3 C.J. Bios Subdivision and Lot 5A of Block 3 C. J. Bios Subdivision in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of Kebbie Drive south of Daniels Street is no longer required for public use, except for utility easements as noted on said plat, and vacating and sale of said portions of alleys and streets known as Lot 4A of Block 3 C.J. Bios Subdivision and Lot 5A of Block 3 C. J. Bies Subdivision 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 4A of Block 3 C.J. Bies Subdivision and Lot 5A of Block 3 C. J. Bies Subdivision in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot 4A of Block 3 C.J. Bies Subdivision in the City of Dubuque to Julie A. and Rick J. Hardorrf be contingent upon the payment of $664.00. Section 3. That the conveyance of Lot 5A of Block 3 C.J. Bies Subdivision in the City of Dubuque to Pamela A. Triolo, Roger G. Klauer, and Kathleen M. Sullivan be contingent upon the payment of $13,609.00, plus platting, publication, and filing fees. Section 4. 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, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the plat of Survey of Lot 4A and Lot 5A of Block 3 C.J. Bies Subdivision. Section 5. 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. Attest: Passed, approved and adopted this 17th day of September , 2001. Terra~yor ~Jeanne F. Schneider, City C~erk Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001--4864 ORDINANCE NO. 59 -01 ORDINANCE VACATING A PORTION OF KEBBIE DRIVE SOUTH OF DANIELS STREET Whereas, Pamela A. Triolo, Roger G. Klauer, and Kathleen M. Sullivan have requested the vacating of a Portion of Kebbie Drive south of Daniels Street; and Whereas; IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the vacated portion of Kebbie Drive south of Daniels Street and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 4A and Lot 5A of Block 3 C.J. Bies Subdivision in the City of Dubuque, Dubuque County, Iowa; Whereas, the City Council of the City of Dubuque, Iowa has determined that portion of Kebbie Drive south of Daniels Street is no longer required for public use, except for utility easements as noted, and vacating of said portion of Kebbie Drive south of Daniels Street known as Lot 4A on said plat and Lot 5A of Block 3 C.J. Bies Subdivision 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 4A of Block 3 C.J. Bies Subdivision and Lot 5A of Block 3 C.J. Bies Subdivision in the City of Dubuque, 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, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the plat of survey of Lot 4A and 5A of Block 3 C.J. Bies Subdivision. Passed, approved and adopted this 17th Attest; ~.,~Jeanne F. Schneider, City Clerk day of September ., 2001. Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. 423-01 RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF KEBBIE DRIVE SOUTH OF DANIELS STREET Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated September 5, 2001, prepared by IIW Engineers & Surveyors, P.C., describing proposed vacated portion of Kebbie Drive south of Daniels 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 September 5, 2001, prepared by IIW Engineers & Surveyors, P.C., 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 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, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown 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 17th Attest: day of Sepf. emb~er ~,~., 2001. T_~'rrance M. Dugga~ff~r ~./J~an-ne F. Schneider,'Ci~ Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 4A OF BLOCK 3 C.J. BIES SUBDIVISION AND LOT SA OF BLOCK 3 C.J. BIES SUBDIVISION, 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 ,2001, the City Council of the City of Dubuque, Iowa met on the day of ,2001, 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 4A of Block 3 C.J. Bies Subdivision and Lot 5A of Block 3 C.J. Bies Subdivision 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 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 4A of Block 3 C.J. Bies Subdivision in the City of Dubuque, Iowa to Julie A. and Rick J. Hardorff be and the same is hereby approved for the sum of $664.00. Conveyance shall be by Quit Claim Deed. Section 2. That the sale of City of Dubuque real property described as Lot 5A of Block 3 C.J. Bies Subdivision in the City of Dubuque, Iowa, to Pamela A. Triolo, Roger G. Klauer, and Kathleen M. Sullivan be and the same is hereby approved for the sum of $13,609.00, plus the cost of publication, platting, and filing fees. Conveyance shall be by Quit Claim Deed. Section 3. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, construction, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown in the Plat of Survey of Lot 4A and Lot 5A of Block 3 C.J. Bies Subdivision. Section 4. That the Mayor be authorized and directed to execute Quit Claim Deeds, and the City Clerk be and is hereby authorized and directed to deliver said deeds of conveyance to Pamela A. Triolo, Roger G. Klauer, and Kathleen M. Sullivan and Julie A. and Rick J. Hardorff upon receipt of the purchase price in full. Section 5. 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 ,2001. Terrance M. Duggan, Mayor A~e~: Jeanne F. Schneider, City Clerk MEMORANDUM September 10, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Vacating Petition - Kebbie Drive In response to a request from Roger F. Klauer to vacate a portion of Kebbie Drive south of Daniels Street, Public Works Director Mike Koch states that the City has no plans for the utilization of that portion of Kebbie Drive, except for reserving the utility easements as noted, and recommends approval of the request to vacate and that a public hearing be set for October 1, 2001. 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 Memorandum To: Mike Koch, Public Works Director CC: Roger Klauer From: Ron Turner ~ Date: 09/17/2001 Re: Kebbie Drive Vacate This memo is written to correct the amounts to be paid for the disposal of Kebbie Dr. right of way. The "Resolution of Intent to Dispose" is on the agenda for tonight's Council meeting. In calculating the amount to be paid for the property to be disposed of, I had failed to give Mr. Klauer credit for the area of land that he is dedicating for the construction of a future col-de-sac. At the agreed upon value of $1.25 per square foot, the reduction in value for this area would be $4920. This amount should be deducted from the sale price shown in the memo and resolutions. ALSO, because of additional work necessary to establish the property lines in the area, the survey costs have now been determined to be $1524.00. The summary of these revisions is as follows: Value of vacated property $20717.00 Credit for survey and plat $ 1524.00 Credit for cul-de-sac $ 4920.00 Sale price for both lots $14273.00 Therefore, in order to reconcile the above figures, Lot 5A, Block 3 of C.J. Bies Subdivision should be disposed of for $13609.00. And the resolutions revised accordingly. The value of Lot 4A will remain the same at $664.00 CITY OF DUBUQUE, IOWA MEMORANDUM September 17, 2001 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Vacating Petition - Kebbie Drive (September 17, 2001 Council Item) INTRODUCTION The vacating of a portion of Kebbie Drive is scheduled to be set for a public hearing at the City Council meeting of September 17, 2001. DISCUSSION Subsequent to the writing of my recommendation on September 6, 2001, we have found an error in the calculation of the value of the property that is proposed to be vacated to Pamela A. Triolo, Roger G. Klauer, Kathleen M. Sullivan, and Julie and Rick Hardorff. The memo indicates that the value for the lot which the Council is being asked to approved was to be 919,217.00. This error has indicated that the correct amount should be 914,273.00. Therefore, my recommendation contained in my September 6, 2001 memorandum should be modified to recommend a purchase price of 914,273.00, plus platting, filing, and application fees. Enclosed you will find a revised resolutions of Intent of Dispose of City Interest and a Disposing of City Interest in the Kebbie Drive vacated properties. MAK/vjd CITY OF DUBUQUE, IOWA MEMORANDUM September 6, 2001 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Vacating Petition - Kebbie Drive INTRODUCTION This is in response to a request from Roger F. Klauer, representing his three children (Sullivan, Triolo, and Klauer, Roger G.), for the vacating of a portion of Kebbie Drive south of Daniels Street. DISCUSSION The attached plat shows the portion of Kebbie Drive to be vacated. The abutting properties are owned by Pamela A. Triolo, Roger G. Klauer, Kathleen M. Sullivan, and Julie A. and Rick J. Hardorff. The area to be vacated is divided into two lots numbered Lot 4A of Block 3 C.J. Bies Subdivision and Lot 5A of Block 3 C.J. Bies Subdivision. Kebbie Drive is an existing 50-foot wide street on which a sanitary sewer crosses. Perpetual easement rights will be reserved on the entire Lot 4A and the northern portion of Lot 5A for maintenance of the existing sanitary sewer and other utilities. The property has been valued at $1.25 per square foot, for a total of 820,717.00. A credit of 81,500.00 was deducted for surveying and platting costs, establishing a sale price of 819,217.00. RECOMMENDATION The City has no plans for the utilization of the portion of Kebbie Drive to be vacated, except for reserving the utility easements as noted. I would recommend that the areas indicated by Lot ,SA of Block 3 C.J. Bies Subdivision and Lot 5A of Block 3 C.J. Bies Subdivision 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 October 1, 2001. I would further recommend that the purchase price be established at $19,217.00, 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 scheduled on the disposal of the property through adoption of the enclosed resolutions and ordinance. MAK/vjd Prepared by Ronald J. Turner, P.L.S. - .':"~ I00 I00 50 ............... D4.N /-~. --5'. . --.9. F: . . o I , ~,.~14-001~'R 1-008;,~ ; o 1-001 I 5 - 002 ¥ i ' ~ I1 ~ II :, ',~ ~ 6-006 5~k) ~00 tO0 ' , ~ - , ~oo ~c)F) , ~ 375 PLAT OF SURVEY LOT 4-A AND LOT SA, BLOCK 3, C.d. DIES SUBDIVISION, IN THE CITY OF DUBUQUE, IOWA (VACATION OF PART OF KEBBIE DRIVE) POINT OF - ~ - m L-78.61 BEGINNING o~. r:~-?n '7~ Block 3 ~ 4A~ r'~7' PUBLIC 00o.oo ) (50.009A ~- OOO.O0') g.99, / ~NW Corner N89'41'30~'W N89'41'~0'~ 199.98 Lot 10, (200.00') ~[o~k~lo ~ 5 ~x ~, LOT.~ ~ ~ ~ 5 AREA SUre,Em 0 ~ ~ LOT 4A = 531 S.F.~ % ~ ~ ~ TOTAL 16,574 S.F. 0 '~ ~ ~ ~ 0 LEGEND ~ 6 PARCEL 80UNDARY ~ ~ ~ FOUND 1' IRON PIPE UNLESS NOrD 0 S~ 5/8" ~RON ROD W/ R=45.00._ ~ ~ , kg~ L~88'18(8836) L=SS.36(SS.36) ~ / ~ CH=~ 74 ' CH. BR~NOO'O3'~9'E [ u~. u~uuua ~9"W % / soo'o ' ¢w I I/ 7.58'(7.58') ~ · ~ 7.59'(7.58') N89'58 51"W NO~ c.~. i~[s SU~DI~SION (~0~0~0',) NORT'~ ~IS SURVEY IS SUBJECT TO EASEMENt, CO~NANTS, GRAPHIC SCALE SERa. DES, RESERVA~ONS, RES~IC~ONS AND RIGH~-OF-WAY OF RECORD AND NOT OF RECORD. 0 50 100 LOT ~A, BLOCK 5 IS HEREBY RESERVED AS A PUBLIC U~LI~ EASEMENT 1" = 50' PROPRIETOR: CITY OF DUBUQUE DRAWING MAY HAVE BEEN REDUCED SUR~%D FOR: ROBER KLAUER DA~ OF SURLY: 08--21--01 Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 4A OF BLOCK 3 C.J. BIES SUBDIVISION AND LOT 5A OF BLOCK 3 C.J. BIES SUBDIVISION, 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 ,2001, the City Council of the City of Dubuque, Iowa met on the day of ,2001, 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 4A of Block 3 C.J. Bies Subdivision and Lot 5A of Block 3 C.J. Bies Subdivision 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 4A of Block 3 C.J. Bies Subdivision in the City of Dubuque, Iowa to Julie A. and Rick J. Hardorff be and the same is hereby approved for the sum of $664.00. Conveyance shall be by Quit Claim Deed. Section 2. That the sale of City of Dubuque real property described as Lot 5A of Block 3 C.J. Bies Subdivision in the City of Dubuque, Iowa, to Pamela A. Triolo, Roger G. Klauer, and Kathleen M. Sullivan be and the same is hereby approved for the sum of $18,553.00, plus the cost of publication, platting, and filing fees. Conveyance shall be by Quit Claim Deed. Section 3. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, construction, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized bythe City of Dubuque, Iowa, as shown in the Plat of Survey of Lot 4A and Lot 5A of Block 3 C.J. Bies Subdivision. Section 4. That the Mayor be authorized and directed to execute Quit Claim Deeds, and the City Clerk be and is hereby authorized and directed to deliver said deeds of conveyance to Pamela A. Triolo, Roger G. Klauer, and Kathleen M. Sullivan and Julie A. and Rick J. Hardorff upon receipt of the purchase price in full. Section 5. 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 ,2001. Termnce M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Rona[d J. Turner, City of Dubuque, 50 W. lSth Street, Dubuque, Iowa (319) 5894270 Address Tax Statement; Rick J. and Julia A. Hardon"f, 1565 Kebbie Drive, Dubuque, IA 52002 QUIT CLAIM DEED The City of Dubuque, Iowa, a municipal corporation of Dubuque County, iowa, for Six Hundred Sixty Four and 00/100 Dollars (~664.00) and other good and valuable consideration, does hereby Quit Claim unto: Rick J. and Julia A. Hardorff 1565 Kebbie Drive Dubuque, IA 52002 all its rights, title, and interest in the following-described real estate situated in Dubuque County, Iowa, to-wit: Lot 4A of Block B C. J. Bies Subdivision in the City of Dubuque, Dubuque County, ]owa The City reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstruction, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the plat of survey of Lot 4A and Lot 5A in Block 3 C. J. Bias Subdivision. No declaration of value is required according to iowa Code Section 428A.1. This deed is given pursuant to the authority of Resolution No. of the City of Dubuque, adopted , 2001, the terms and conditions thereof, if any, having been fulfilled. Signed this __ day of , 2001. CITY OF DUBUQUE, iOWA By: Terrance M. Duggan, Mayor Attest: By: Jeanne F. Schneider, City Clerk STATE OF IOWA ) ss DUBUQUE COUNTY ) On this __ day of ,2001, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Terrance M. Duggan and Jeanne F. Schneider, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, by the authority of its City Council, as contained in Ordinance No. 2-5 of the City of Dubuque Code of Ordinances, passed by Resolution of the City Council under Resolution No. of the City Council on the day of , 2001; and Terrance M. Duggan and Jeanne F. Schneider acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and For Said State. Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 1Sth Street. Dubuque, Iowa (319) 589-~270 Address Tax Staterae~: Kathleen M. Sullivan, 575 SO. Fork, Waukee, IA 50263 QUIT CLAIM DEED The City of Dubuque, iowa, a municipal corporation of Dubuque County, Iowa, for Eighteen Thousand Five Hundred Fifty-Three Dollars {$18,553.00) and other good and valuable consideration, does hereby Quit Claim unto: Kathleen M. Sullivan, Pamela A, Trio[o, and Roger G. Klauer 575 So. Fork Waukee, IA 50263 all its rights, title, and interest in the following-described real estate situated in Dubuque County, Iowa, to-wit: Lot 5A of Block 3 C. J. Bies Subdivision in the City of Dubuque, Dubuque County, Iowa The City reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstruction, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable and electdc lines as may be authorized by the City of Dubuque, Iowa, as shown on the plat of survey of Lot 4A and Lot 5A in Block 3 C. J. Bies Subdivision. No declaration of value is required according to Iowa Code Section 428A.1. This deed is given pursuant to the authority of Resolution No. of the City of Dubuque, adopted , 2001, the terms and conditions thereof, if any, having been fulfilled. Signed this day of ,2001. CITY OF DUBUQUE, IOWA By: Terrance M. Duggan, Mayor Attest: By: Jeanne F. Schneider, City Clerk STATE OF IOWA } ) ss DUBUQUE COUNTY ) On this day of ,2001, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Terrance M. Duggan and Jeanne F. Schneider, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a municipal corporation; that the sea[ affixed to the foregoing instrument is the corporate seal of said corporation, by the authority of its City Council, as contained in Ordinance No. 2-5 of the City of Dubuque Code of Ordinances, passed by Resolution of the City Council under Resolution No. of the City Council on the day of , 2001; and Terrance M. Duggan and Jeanne F. Schneider acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public In and For Said State. Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (319) 589~270 Address Tax Statement: Rick J. and Julie A. Hardorff, 1565 Kebbie Drive, Dubuque, IA 52002 QUIT CLAIM DEED The City of Dubuque, Iowa, a municipal corporation of Dubuque County, Iowa, for Six Hundred Sixty Four and 00/100 Dollars ($664.00) and other good and valuable consideration, does hereby Quit Claim unto: Rick J. and Julie A. Hardorff 1565 Kebbie Drive Dubuque, IA 52002 all its rights, title, and interest in the following-described real estate situated in Dubuque County, Iowa, to-wit: Lot 4A of Block 3 C. J. Bies Subdivision in the City of Dubuque, Dubuque County, Iowa The City reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstruction, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the plat of survey of Lot 4A and Lot 5A in Block 3 C. J. Bies Subdivision. No declaration of value is required according to Iowa Code Section 428A.1. This deed is given pursuant to the authority of Resolution No. of the City of Dubuque, adopted , 2001, the terms and conditions thereof, if any, having been fulfilled. Signed this day of ,2001. CITY OF DUBUQUE, IOWA By: Terrance M. Duggan, Mayor Attest: By: Jeanne F. Schneider, City Clerk STATE OF IOWA DUBUQUE COUNTY ) ) ss ) On this __ day of , 2001, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Terrance M. Duggan and Jeanne F. Schneider, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, by the authority of its City Council, as contained in Ordinance No. 2-5 of the City of Dubuque Code of Ordinances, passed by Resolution of the City Council under Resolution No. of the City Council on the day of , 2001; and Terrance M. Duggan and Jeanne F. Schneider acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public In and For Said State. REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT Please read the filing instructions on the reverse $[d¢ BEFORE completing this form· PART I - TO BE COMPLETED BY TRANSFEROR (Please Type or Print Legibly) TR*MNSFEROR Name City of Dubuqu~ Address TtCa. NSFEREE Name 50 W. 13th S~creet Rick 3. and Julie A. Hardorff Dubuque, IA 52001-4~54 Zip Address 1565 Kebbie Drive Dubuque, IA 52002 Address of Property Trausfeqed I~ Legal DescriptionofProperty Lot 4A OfAC.J. Bies Subdivision in the City of Dubuque, DuBuque County, Iowa 1. Wells (check one) 1~ There are no known wells situated on this property. []. There is a well or wel~s situated on this property. The type(s), location(s) and legal status are stated below. 2. Solid Waste Disposal (cheek one) " ~ There is no known solid waste disposal site on tiffs property, E/ There is a solid waste disposal site on this property, but no notice has been received from the Depamuent of Natural Resources that the site is deemed to be potentially hazardous .... [] There is a solid waste disposal site on this property which has been deemed to be potentially hazardous by the Department of Natural Resources. The location(s) of the site(s) is stated below. 3. Hazardous Wastes (check one) ~ There is no known hazardous waste on this property. [] There is hazardous waste on this property and it ~s being managed in accordance with Department of Natural Resources roles. 4. Underground Storage Tanks (check one) ~ There are no known under~ound storage tanks on this properiy. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in inslractions.) 121 There is an under~ound storage tank or tanks on this property. The type(s), size(s) and any knowu substance(s) contained are descn'oet below. 5. Private Burial Site (check one) ~1 There are no known private burial sites on this property. [3 There is a private burial site on this property. The location(s) of the site(s) is stated below. The known identifying information of the decedent is stated below. Information, if any, requixed by statements checked above: Attachment for Additional Information? y / N If so, humber of pages I HEREBY DECLARE THAT THE INFORMATION CONTA~INED IN PA-RT 1 OF THIS STATEbfENT IS TRU~ ~ND CO--CT P~T II - TO BE COMPLETED BY ~CO~ER Date of Ins~ment Boo~.D. Page~.D. Dare of Recording Ciw or Tomship Deed [2 Contract U County DNR form (July 99) FILE V¢ITH RECORDER (See iustmction #6) INSTRUCTIONS FOR COblPLETI.NG GROUNDWATER HAZARD STATEM~ENT The transferor of real property is required to complete Part I of this form. The purpose of the statement is to satisfy legal requirements for filing instruments of conveyance of real property with the county recorder (Iowa Code Section 558.69). The Department of Namrel Resources does not approve or disapprove of property transfers based on these statements. The statement must be signed by one of the persons transferring the property, interest or that person's agent. An agent signing this form represents the information from transferor to be correct. For the most part the information requested is clear (name, address, etc.). One statement under each of the numbered items (I, 2, 3, 4 and 5) must be checked, and if one or more of the statements checked requires the transferor to provide additional information, that information is to be provided in part I. Relate the additional information to the specific category of facility (well, etc.) by numbering it with the .C?rrasponding number (1, 2, 3, 4, 5). If additional space is needed, type or print it legibly on a separate sheet or sheets, complete the statements at the end of Par~ I and attach the additional information to all copies of the form. ~VI,,en describing the location of a facility on the property, be reasonably precise, such as a specific distance and general direction from a landmark or comer of the property. A professional sur~'ey is not necessary. The following definitions are for use in completing the form. 1. Wells - A ";veil" is any excavation that is drilled, cored, bored, au'gered,' washed, driven, dug, jetted or otherwise constructed for accessing groundwater or for diverting surface water into the ground, including abandoned wells. "Well" does not include an open ditch or drainage tiles which discharge to the surf'ace. If a well is an "abandoned well" or an "agricultural drainage well," this must be identified and the status of the well with respect to Iowa Code sections 455B.190 and I59.29, respectively, must be stated. An "abandoned welt" is a well no longer in use or in such state of disrepak that continued use is unsafe or impracticable. Abandoned wells are to be properly plugged in accordance with chapter 39 of the roles of the Department of Natural Resources. (567 Iowa Administrative Code, Chapter 39) An "agricultural drainage well" is a well constructed for the pure, ose of draining, or which drakns, water from agricultural land to an aquifer (underground), excluding drainage tile intakes which outlet to the surface. Agricultural drainage wells are required to be registered with the department by September 30, 1988, and the owner of the well and of the land drained by the well are to develop a plan proposing altematives to the use of the well by July 1, 1998 (See Iowa Code Section 159.29.) 2. Solid Waste - "Solid ~vaste" means garbage, re,se, rubbish and other similar discarded solid or semisolid material. It does not include dirt, stone, brick, or similar inorganic material used for fill, as long as no other solid waste is included. See 567--100.2(455B), Iowa Administrative Code (I.A.C.) for further definitions. A "disposal site" is any area on the property on, in, or under which solid waste has been disposed, whether or not th~ disposal is or was regulated by the department. If the transferor or agent has not received ~odce from the Department of Natural Resources that the disposal site has been deemed to be potentially hazardous, there is no duty to inquire to the department. 3. Hazardous Wastes - "Hazardous waste" is de£me~ in Iowa Code section 455B.4li, 567-141.2 (455B), I.A.C., and federal regulations referenced therein. It is generally defined as waste that poses a threat to human health or the environment. It includes wastes which are ig~table, corrosive, toxic, explosive, violently reactive, or specifically listed as hazardous in the Code of Federal Regulations (40 CFR 26l). EXCLUDED are household wastes, agricultural wastes returned to the soil as fertilizers or soil conditioners, agricultural chemicals applied or disposed of by a farmer in accordance with the manufacturer's instructions, triple-rinsed agriculmraI chemical containers disposed of by farmers (where the rinsate is used as makeup water in the tankmix and applied at appropriate rates), and other specific materials. Persons are legally required to be aware of hazardous waste laws. 4. Underground Storage Tan'ks - "Underground storage tank" means one or a combination of tanks, including underground piping connected to the tanks, used to contain an accumulation of regulated substances, and the volume of which is 10 percent or more beneath the surface of the ground. "Reg'alated substances" include petroleum products and hazardous or toxic materials identified in 567--135.2(455B), I.A.C. Underground storage tank does not include: a. Farm or residential tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes. But See 455B.473(4)) - b. Tanks used for storing heating oil for consumptive use on the premises where stored. c. Residential septic tanks. d. Pipeline facilities regulated by state or federal law. e. A surface impoundment, pit pond, or lagoon. f. A storm water or wastewater collection system. g. A ilo,v-through process tank. h. 'A liquid trap or associated gathering lines directly related to oil or gas production and gathering operations. i. A tan/-: in an under~ound area such ns a basement or mine, if the tank is on or above the surface of the floor. j. Pipes connected to the above exclusions. "Tank type" means the material of construction (steel, fiberglass reinforced plastic [FRP], or other [spec/fy]), and any internal or external protection such as a protective coating or wrapping, or cathodic protection. Identify the capacity in gallons and the substance stored in each tank. 5. Private Burial Sites - "Private Burial Site" means one or more graves containing human remains. For each site the transferor shall state the location of the site. For each decedent buried on the property the transferor shall state all known identifying information of that decedent including name, date of death, and date of birth. 6. Filing - The original of this form must be presented to the county recorder when the document to be recorded is filed. The Recorder shall fcr-.vard the origina! to the transferee when the recorded instrument is re,med. The recorder is not requked to keep any copies. -- *~Note The land application of sludges or soils resulting from the remediatinn o£ underground storage tank releases accomplished in compliance ,,vide Department of Natural Resources roles without a permit is not required to be reported as the disposal of solid waste or hazardous waste. (See Iowa Code Section 558.69) DNRforrn(July 99) s4y0,~o Prepared by: Ronaid J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (319) 589-4270 Address Tax Statement: Kathleen M. Sullivan, 575 So. Fork, Waukee, IA 50263 QUIT CLAIM DEED The City of Dubuque, Iowa, a municipal corporation of Dubuque County, Iowa, for Thirteen Thousand Six Hundred Nine Dollars ($1 3,609.00) and other good and valuable consideration, does hereby Quit Claim unto: Kathleen M. Sullivan, Pamela A. Triolo, and Roger G. Klauer 575 So. Fork Waukee, IA 50263 all its rights, title, and interest in the following-described real estate situated in Dubuque County, Iowa, to-wit: Lot 5A of Block 3 C. J. Bies Subdivision in the City of Dubuque, Dubuque County, Iowa The City reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstruction, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. cable and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the plat of survey of Lot 4A and Lot 5A in Block 3 C. J. Bies Subdivision. No declaration of value is required according to Iowa Code Section 428A.1. This deed is given pursuant to the authority of Resolution No. of the City of Dubuque, adopted , 2001, the terms and conditions thereof, if any, having been fulfilled. Signed this day of , 2001. CITY OF DUBUQUE, IOWA By: Terrance M. Duggan, Mayor Attest: By: Jeanne F. Schneider, City Clerk STATE OF IOWA DUBUQUE COUNTY ) ) ss ) On this day of _, 2001, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Terrance M. Duggan and Jeanne F. Schneider, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, by the authority of its City Council, as contained in Ordinance No. 2-5 of the City of Dubuque Code of Ordinances, passed by Resolution of the City Council under Resolution No. of the City Council on the __ day of , 2001; and Terrance M. Duggan and Jeanne F. Schneider acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public In and For Said State. TPoMNSFERO R Name REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT Please read the filing instructions on the reverse side BEFORE completing this form. PART I - TO BE COMPLETED BY TRANSFEROR (Please Type or Print Legibly) City of Dubuque Address TtLAaNSFE RE E Name 50 W. 13th Street Kathleen M. Sullivan, Et. Al. Dubuque, IA 52001-4864 Address 575 South Fork Naukee, IA 50263 Address of Property Tmus£eEed Legal Description of Property Lot 5A of^C.3. Bies Subdivision in tho City of Dubuque, D~buqUe County, Iowa gap 1. Wells (cheek one) ~ There are no known wells situated on this property. []. There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below. 2. Solid Waste Disposal (check one) ~ There is no known solid waste disposal site on this property. [] There is a solid waste disposal site on this property, but no notice has been received from the Department of Natural Resources that the site is deemed to be potentially haTardous. [] There is a sol/d waste disposal site on this property wifich has been deemed to be potentially hazardous by the Department of Natural Resources. The location(s) of the site(s) is stated below. 3. Hazardous Wastes (check one) ~: There is no known hazardous waste on this property. [] There is hazardous waste on this property and it is being managed in accordance wi& Deparanent of Natural Resources rules. 4. Underground Storage Tanks (check one) ~ There are no known under~ound storage tanks on this proper~y. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) [] There is an underground storage tank or tanks on this property. The type(s), size(s) and any known substance(s) contained are dascribet below. 5. Private Burial Site (check one) : ~1 There are no known private burial sites on this property. [] There is a private burial site on this property. The location(s) of the site(s) is stated below. decedent is stated below. The known identifying information of the Information, if any, requ[red by statements checked above: Attachmem For Addkional Information? y / N If so, number of pages I HEREBY DECLAR. E THAT THE INFORxMATION CONTAINED IN PART 1 OF THIS STATEblENT IS TRUE AND CORRECT Signature: (rmS~ ~a~ Telephone Number: ~(_~ 589-4270 ": aei A. Kocn -- PART II - TO BE COMPLETED BY RECORDER Date of Instalment Date or' Recording Deed [] Contract Book/LD. Page&D. City or Township DNR form (July 99) FILE WITH RECORDER ................ (See Insmacfion #6) sa2-ogso INSTRUCTIONS FOR COMPLETING GROUNDWATER HAZARD STATElY'rENT Toe transferor of real property is required to complete Part I of this form. The purpose of the statement is to satisfy legal requirements for filing inswaments of conveyance of real property with the county, recorder (Iowa Code Section 558.69). The Department of Namral Resources does not approve or disapprove of properD' ~ansfars based on these statements. The statement must be signed by one of the persons transferring the property, interest or that person's agent. AP. agent signing this form. represents the infonw, ation from transferor to be correct. For nhe most parr the information requested is clear (name, addrxss, etc.). One statement under each of the numbered items (I, 2, 3, 4 and 5) must be checked, and if one or more of the sutement$ checked requires the transferor to provide additional information, that information is to be provided in part I. Relate the additional information to the specific category of facility (well, etc.) by numbering it with the .corresponding number (1, 2, 3, 4, 5). If additional space is needed, type or print it legibly on a separate sheet or sheets, complete the statements at the end of Part I and auach the additional information to all copies of the form. W'nen describing the location of a facility on the property., be reasonably precise, such as a specific distance and general direction Eom a landmark or comer of the property.. A professional survey is not necessary. The fo}~owLng del'tuitions are for use in completing the form. 1. Wells - A "well" is any excavation that is drilled, cored, bored, au'gered,' washed, driven, dug, jetted or otherwise constructed for accessing groundwater or for dive~mg surface water into the ground, including abandoned wells. "Well" does not include an open ditch or &-ainage tiles which discharge to the surface. If a well is an "abandoned well" or an "agriculmraI drainage well," fl-ds must be identified and the status of the well with respect to Iowa Code sections 455B.190 and I59.29, respectively, must be stated..-Un "abandoned wetF' is a well no longer in use or in such state of disrepair that continued use is unsafe or impracticable. Abandoned wells are to be properly plugged in accordance with chapter 39 of the roles of the Depamment of Natural Resources. (567 Iowa A&ministrative Code, Chapter 39) 3. Hazardous Wastes - "Hazardous waste" is def'me~l in Iowa Code section 455B.411, 567-141.2 (455B), I.A.C.; and federal regulations referenced therein. It is generally de£med as waste that poses a threat to human health or the environment. It includes wastes which are ign/table, corrosive, toxic, explosive, violently reactive, or specifically listed as hazardous in the Code of Federal Regulations (40 CFR 261). EXCLUDED are household wastes, agricultural wastes returned to the soil as fertilizers or soil conditioners, agricultural chemicals applied or disposed of by a farmer in accordance with the manufacturer's instructions, triple-rinsed agricultural chemical containers disposed of by farmers (where the rinsate is used as makeup water in the tankmix and applied at appropriate rates), and other specific materials. Persons are legally required to be aware of hazardous waste laws. 4. Underground Storage Tan'ks - "Underground sro?age tar~,c' means one or a combination of tanks, including underground piping connected to the tanks, used to contain an accumulation of regulated substances, and the volume of which is 10 percent or more beneath the surface of the ground. "Regulated substances" include petroleum products and hazardous or toxic materials identified in 567--135.2(455B), I.A.C. Underground storage tamk does not include: a. Farm or residential tanks of 1,100 gallons or less capac/ry used for storing motor fuel for noncommercial purposes. But See 455B.473(4)) - b. Tanks used for storing heating oil for consumptive use on the premises where stored. c. Residential septic tanks. d. Pipeline facilities regulated by state or federal law. · e. A surface impoundment, pit pond, or lagoon. f. A storm water or wastewater collection system. g. A flow-through process tank. h. 'A liquid U'ap or associated gathering lines directly related to oil or gas production and gathering operations. i. A tank in an underground area such as a basement or mine, if the tamk is on or above the surface of the floor. j. Pipes connected to the above exclusions. An "agricultural drainagu well" is a well constructed for the purpose of draining, or which drains, water from agricultural land to an aquifer (underground), excluding drainage tile intakes wh/ch outlet to the surhce. Agricultural drainage wells are required to be registered with the department by September 30, 1988, and the ox~mer of the weil and of the land drained by the well are to develop a plan propusing alternatives to the use of the well by July 1, 1998 (See Iowa Code Section 159.29.) 2. Solid Waste - "Solid waste" means garbage, re,se, rubbish and other similar discarded solid or scm/solid material. It does not include di~, stone, brick, or similar inorganic material used for fill, as long as no other solid waste is included. See 567-- I00.2(455B), Iowa Adminis~ative Code (I.A.C.) for further definitions. A "disposal site" is any area on the property on, in, or under which solid waste has been disposed, whether or not the disposal is or ~as regulated by nhe department. If the ~ansferor or agent has not received notice from the Department of Natural Resources that the disposal site has been deemed to be potentially hazardous, there is no duty to inquire to the depamnent. "Tank type" means thc material of construction (steel, flberg!a~s reinforced plastic [FPP], or other [specify]), and any internal or external prote:tion such as a protective coating or wrapping, or cathodic protection. Identify the capacity in gallons and the substance stored in each tank. 5. Private Burial Sites - "Private Bur/al Site" means one or more graves containing human remains. For each site tee transferor shall sate the location of the site. For each decedent buried on the property, the transferor shall state all identifying information of that decedent including name, date of death, and date of bMh. 6. Filing - The original of this form must be presented to tine county recorder when the document to be recorded is filed. The Recorder sb~lI £orward the original to the transferee when the recorded instrument is resumed. The recorder is not required to keep any copies. -- "Note The lar, d application of s!udges or soils resulting from the remcdiation o(uuderground storage tank releases accomplished in compliance with Depart. moot or' Natural Resources rules without a permit is not required to be reported as the disposal of solid waste or ha.-.ardans waste. (See Iowa Code Section 558.69) DNR fom~ (July 99)