Request to Vacate a Portion of Peosta Street_Giese Companies, 2125 Kerper Blvd.
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacating Petition/Peosta Street (Giese Company, L.L.P.)
DATE: September 20, 2012
In response to a request from Tom Giese to vacate a portion of Peosta Street abutting
Giese Companies at 2125 Kerper Boulevard, City Engineer Gus Psihoyos states that
the City has no plans for the utilization of that portion of Peosta Street, except for
reserving sewer easements as noted. City Engineer Gus Psihoyos recommends
approval of the request to vacate for a purchase price of $1,540, plus platting,
publication and filing fees.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
/7AAh kt1&1
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
Masterpiece on the Mississippi
Dubuque
All-AmerIca cdy
2012
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Vacating Petition /Peosta Street (Giese Company, L.L.P.)
DATE: September 19, 2012
INTRODUCTION
This is in response to a request from Tom Giese for the vacating of a portion of Peosta
Street abutting Giese Companies at 2125 Kerper Boulevard.
DISCUSSION
The attached plat shows the area proposed to be vacated. The abutting property is
owned by Giese Companies.
The area to be vacated is platted into one lot and is described as Lot A of Giese
Subdivision in the City of Dubuque, Iowa. Said Lot A is a portion of excess right of way
on which a public storm and sanitary sewer exist. Perpetual easement rights will be
reserved on the southerly 40 foot portion of Lot A for maintenance of the existing
sewers.
The proposed area to be vacated has been valued at $2.90 per square foot except the
easement area which is valued at $1.45 per square foot for a total value of $1540.00.
RECOMMENDATION
With the exception of reserving sewer easements as noted, the City has no plans for the
utilization of this portion of Peosta Street to be vacated.
I am recommending that the area indicated by Lot A of Giese Subdivision in the City of
Dubuque, Iowa as shown on the attached plat be vacated, and that a public hearing be
held for the disposition of the City's interest in the subject area on October 1, 2012.
Furthermore, I am recommending that the purchase price be established at $1540.00
plus platting, publication and filing fees.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and that a public hearing
should be held on the disposal of the property through adoption of the enclosed
resolutions.
Prepared by Ron Turner, PLS
2
NOTICE OF APUBLIC
HEARING 'OF THE
CITY COUNCIL OF
THE CITY OF
DUBUQUE, IOWA, ON
THE MATTER OFTHE
INTENT TO DISPOSE
OF AN INTEREST IN
REAL PROPERTY .
PUBLIC NOTICE is
hereby given that the
City Council of the City
of Dubuque, Iowa, will
hold a public hearing
on the 1st day of
October, 2012 at 6:30
p.m. in the Historic
Federal Building, 350
West 6th Street,
Dubuque, Iowa, at
which meeting the City
Council proposes to
dispose an interest in
the following described
real property to Giese
Companies: •
Lot .A of Giese
Subdivision in the City
of Dubuque, Iowa (A
portion of Peosta
Street abutting 2125
Kerper Blvd.)
At the meeting, the
City Council will
receive oral and
written objections from
any resident or
property owner of said
City to the above
action. After all
objections have been
received and consi-
dered, the City Council
may at this meeting or
at any adjournment
thereof, take additional
action for the
disposition of the City's
interest in such real
estate above, and
approve or abandon
the proposal. By order
of the City Council said
hearing and appeals
there from shall be
held in accordance
with and governed by
the provisions of
Section 364.7 of the
Code of Iowa.
Copies of supporting
documents for the
public hearings are on
file in the City Clerk's
Office and may be
viewed during normal
working hours.
Any visual or hearing
impaired persons need-
ing special assistance
or persons with special
accessibility needs
should contact the City
Clerk's Office at (563)
589 -4120 or TTY (563)
690 -6678 at least 48
hours prior to the
meeting.
DaterAth'is 21st day of
SWptember, 2012.
Kevin S. Firnstahl,
CMC, City Clerk
1t 9/21
RESOLUTION
NO. 253-12
RESOLUTION OF
INTENT TO VACATE
AND DISPOSE OF �
CITY INTEREST IN A
PORTION OF PEOSTA
ST, TO BE KNOWN AS
LOT A OF GIESE
SUBDIVISION IN THE
CITY OF DUBUQUE,
IOWA
Whereas, Giese Com-
panies has requested
the vacating and
disposal of a portion of
Peosta Street; and
Whereas, IIW, P.C.
has prepared and
submitted to the City
Council a plat showing
a proposed vacated
portion of Peosta
Street and assigned a
lot number thereto,
which hereinafter shall
be known and
described as Lot A of
Giese Subdivision in
the City of Dubuque,
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 vacate and
dispose of its interest
in Lot A of Giese
Subdivision in the City
of Dubuque, Iowa.
Section 2. That the
conveyance of Lot A of
Giese Subdivision in
the City of Dubuque,
Iowa to Giese
Companies be contin-
gent upon the payment
of $1540,00, 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
vacate and dispose of,
said real estate to be
published in the
manner as prescribed
by law.
Passed,. approved and
adopted this 17th day
of September, 2012.
Roy D. Buol, Mayor
Attest: Kevin S.
Firnstahl, City Clerk
1t 9/21
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: September 21, 2012, and for which the charge is $43.58.
Subscribed to before me, a
thiso2% day o
ublic i d for Dubuque County, Iowa,
,20 /7Z--.
/Ard AMU.
Notary Public in and for Dubuq (County, Iowa.
•, i
MARY K. WESTERMEYER
Commleslon Number 154885
Cep
1112111111111111111111111111 1111111111111111
Doc ID: 007512750005 Type: GEN
Kind: DEED WITH RESOLUTION
Recorded: 10/12/2012 at 03:16:13 PM Fee Amt: $32.00
Tax: $0.00
1 of 5
Dubuque County Iowa
Kathy Flynn Thurlow Recorder Q Q
Fi1e2012- 00018298
Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113
Return to: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113
SPACE ABOVE THIS LINE
FOR RECORDER
Tax statement to: Giese Companies
2125 Kerper Boulevard
Dubuque, Iowa 52001
QUIT CLAIM DEED
For the consideration of One Dollar and other valuable consideration, the City of
Dubuque, Iowa does hereby Quit Claim to Giese Company LLP, all its right, title,
interest, estate, claim and demand in the following described real estate in Dubuque
County, Iowa:
Lot A of Giese Subdivision in the City of Dubuque, Iowa
Exempt: Iowa Code § 428A.2(6) Deed in which a political subdivision of the state of Iowa
is the grantor
Dated:
Attest:
October 1 ,2012
CITY OF DUBUQUE, IOWA
D
Roy D. ; ol, Mayor
irnstahl, --Ci y Clerk
Vol7 00
IV
ratdi
STATE OF IOWA, DUBUQUE COUNTY, ss:
On this ism day of Dom.• , 2012, before me a Notary Public in and for said
County and said State, personally appeared Roy D. Buol and Kevin Firnstahl 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; that said instrument was signed on
behalf of said City of Dubuque by authority of Resolution No. 275 -12 and that the
said Roy D. Buol and Kevin Firnstahl as such officers, acknowledged the execution of
said instrument to be the voluntary act and deed of said municipal corporation, by it and
by them voluntarily executed.
fi�i�kl i_. ��,BQN
Commission Number 719986
My Commission Expires
la • 13 .)'-r
F: \USERS \tsteckle \Department Correspondence \ Engineering \GieseQuitClaimDeed_091712.doc
, Notary public
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589 -4270
Returned to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589 -4270
RESOLUTION NO. 275 -12
RESOLUTION DISPOSING OF CITY INTEREST IN LOT A OF GIESE
SUBDIVISION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, pursuant to resolution and published notice of time and place of
hearing, published in the Telegraph Herald, a newspaper of general circulation
published in the City of Dubuque, Iowa on this 21st day of September, 2012, the
City Council of the City of Dubuque, Iowa met on the 17th day of September,
2012, at 6:30 p.m. in the Historic Federal Building Council Chambers (second
floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the
proposal for the sale of real estate described as:
Lot A of Giese 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 A of Giese Subdivision in the City of Dubuque, Dubuque County, Iowa, to
Giese Company, L.L.P. be and the same is hereby approved for the sum of
$1540.00 plus the cost of platting, publication, and filing fees. Conveyance shall
be by Quit Claim Deed.
Section 2. The City of Dubuque reserves unto itself a perpetual
easement including the right of ingress and egress thereto, for the purpose of
erecting, installing, constructing, reconstructing, repairing, owning, operating, and
maintaining and sanitary storm sewers as may be authorized by the City of
Dubuque, Iowa.
Section 3. That the Mayor be authorized and directed to execute a Quit
Claim Deed, and the City Clerk be and is hereby authorized and directed to
deliver said deed of conveyance to Giese Company, L.L.P. upon receipt of the
purchase price in full.
Section 4. That the City Clerk be and is hereby authorized and directed
to record a certified copy of this resolution in the offices of the City Assessor,
Dubuque County Recorder and Dubuque County Auditor.
2012.
Attest:
Passed, approved and adopted this 1st
��� - _4
Kevin '. F{rnstahl, C C, ''Clerk
day
of October
Roy D. Buol, Mayor
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in
my possession or have access to the records of the proceedings of the City Council. I
do further state that the hereto attached Resolution No. 275 -12 is a true and correct
copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 2nd day of October, 2012.
r ;
.s }
. o•.r„
6 �4
4 c ( 4+- t) rr +A` ! • P •
c 1) h, + �.-•. •
0* I _
:)
Key'
irnstahl, CMC,
erk
IIIIlIl iiiIll iii iiiii II 113311 II 11111 III 1111111111 II 11111111111111 ii i
Doc ID: 007512740003 Type: GEN
Kind: RESOLUTION
Recorded: 10/12/2012 at 03:09:10 PM Amt: $17.00 Pape 1 of 3
Dubuque County Iowa
Kathy Flynn Thurlow Recorder (�
Fi1e201i2- 0001i829
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270
Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270
RESOLUTION NO. 274 -12
RESOLUTION VACATING A PORTION OF PEOSTA STREET TO BE
KNOWN AS LOT A OF GIESE SUBDIVISION IN THE CITY OF DUBUQUE,
IOWA
Whereas, Giese Company, L.L.P. has requested the vacating of a portion
of Peosta St. abutting Lot 2 of Giese Subdivison in the City of Dubuque,
Dubuque County, Iowa; and
Whereas, there has been presented to the City Council of the City of
Dubuque, Iowa, a plat dated the 7t day September, 2012, prepared by IIW, P.C.
describing the proposed vacated portion of Peosta St. abutting Lot 2 of Giese
Company, L.L.P.; and
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 this 21st day of September, 2012, the
City Council of the City of Dubuque, Iowa met on the 17th day of September,
2012, at 6:30 p.m. in the Historic Federal Building Council Chambers (second
floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the
request to vacate; and
Whereas, the City Council of the City of Dubuque, Iowa overruled any and
all objections, oral or written to the request to vacate; and
Whereas, the City Council of the City of Dubuque, Iowa, has determined
that the proposed vacated portion of Peosta Street abutting Lot 2 of Giese
Subdivision to be known as Lot A Giese Subdivision in the City of Dubuque,
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 A of Giese Subdivision
in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby
vacated.
Section 2. The City of Dubuque reserves unto itself a perpetual
easement including the right of ingress and egress thereto, for the purpose of
erecting, installing, constructing, reconstructing, repairing, owning, operating, and
maintaining and sanitary storm sewers as may be authorized by the City of
Dubuque, Iowa, as shown on the plat of survey of Lot A of Giese Subdivision.
Passed, approved and adopted this 1st day •f October
2012.
Attest: ,� / / ,
Kevin S. ' irnstahl, CIVIC, mfr` lerk
4.G
oy D. Buol, Mayor
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in
my possession or have access to the records of the proceedings of the City Council. I
do further state that the hereto attached Resolution No. 274 -12 is a true and correct
copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 2nd day of October, 2012.
7vin S. Firnst. hl, C
ty Clerk
1111111$110111111111$111111111 111111111111
Doc ID: 007512760002 Type: GWH
Kind GROUNDWATER HAZARD
Recorded: 10/12/2012 at 03:16:24 PM
Fee Amt: $0.00 Pape 1 of 2
Dubuque County Iowa
Kathy Flynn Thurlow Recorder i
Fi1e201i2 -00001 / 7 2 1
REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT
TO BE COMPLETED BY TRANSFEROR
TRANSFEROR:
Name City of Dubuque, Iowa
Address 50 West 13th Street Dubuque Iowa 52001
Number and Street or RR
City, Town or P.O.
TRANSFEREE:
Name Giese Comsat L. Le
Address 2125 Kerper Boulevard Dubuque Iowa 52001
State
Zip
Number and Street or RR
Address of Property Transferred:
.a.
Number and Street or RR
City, Town or P.O.
State
Zip
City, Town or P.O.
State Zip
Legal Description of Property: (Attach if necessary) Lot A of Giese Subdivision in the City of
Dubuque, Iowa
1. Wells (check one)
X 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 or set forth on an attached separate sheet, as necessary.
2. Solid Waste Disposal (check one)
X There is no known solid waste disposal site on this property.
_ There is a solid waste disposal site on this property and information related thereto is provided
in Attachment #1, attached to this document.
3. Hazardous Wastes (check one)
X There is no known hazardous waste on this property.
_ There is hazardous waste on this property and information related thereto is provided in
Attachment #1, attached to this document.
4. Underground Storage Tanks (check one)
X There are no known underground storage tanks on this property. (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 on this property. The type(s), size(s) and any known
substance(s) contained are listed below or on an attached separate sheet, as necessary.
FILE WITH RECORDER DNR form 542 -0960 (July 18, 2012)
5. Private Burial Site (check one)
X 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) and known
identifying information of the decedent(s) is stated below or on an attached separate sheet, as
necessary.
6. Private Sewage Disposal System (check one)
_ All buildings on this property are served by a public or semi - public sewage disposal system.
X This transaction does not involve the transfer of any building which has or is required by law to
have a sewage disposal system.
There is a building served by private sewage disposal system on this property or a building
without any lawful sewage disposal system. A certified inspector's report is attached which
documents the condition of the private sewage disposal system and whether any modifications
are required to conform to standards adopted by the Department of Natural Resources. A
certified inspection report must be accompanied by this form when recording.
There is a building served by private sewage disposal system on this property. Weather or
other temporary physical conditions prevent the certified inspection of the private sewage
disposal system from being conducted. The buyer has executed a binding acknowledgment
with the county board of health to conduct a certified inspection of the private sewage disposal
system at the earliest practicable time and to be responsible for any required modifications to
the private sewage disposal system as identified by the certified inspection. A copy of the
binding acknowledgment is attached to this form.
There is a building served by private sewage disposal system on this property. The buyer has
executed a binding acknowledgment with the county board of health to install a new private
sewage disposal system on this property within an agreed upon time period. A copy of the
binding acknowledgment is provided with this form.
There is a building served by private sewage disposal system on this property. The building to
which the sewage disposal system is connected will be demolished without being occupied. The
buyer has executed a binding acknowledgment with the county board of health to demolish the
building within an agreed upon time period. A copy of the binding acknowledgment is provided
with this form. [Exemption #9]
_ This property is exempt from the private sewage disposal inspection requirements pursuant to
the following exemption [Note: for exemption #9 use prior check box]:
The private sewage disposal system has been installed within the past two years pursuant to
permit number
Information required by statements checked above should be provided here or on separate
sheets attached hereto:
I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM
AND THAT TH ION STATED ABOVE IS TRUE AND CORRECT.
Signature:
(Transfe3r or .gent)
FILE WITH RECORDER
Telephone No.: 5c�3--56?1,9 -4z1c
DNR form 542 -0960 (July 18, 2012)
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270
Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270
RESOLUTION NO. 274 -12
RESOLUTION VACATING A PORTION OF PEOSTA STREET TO BE
KNOWN AS LOT A OF GIESE SUBDIVISION IN THE CITY OF DUBUQUE,
IOWA
Whereas, Giese Company, L.L.P. has requested the vacating of a portion
of Peosta St. abutting Lot 2 of Giese Subdivison in the City of Dubuque,
Dubuque County, Iowa; and
Whereas, there has been presented to the City Council of the City of
Dubuque, Iowa, a plat dated the 7tn day September, 2012, prepared by IIW, P.C.
describing the proposed vacated portion of Peosta St. abutting Lot 2 of Giese
Company, L.L.P.; and
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 this 21st day of September, 2012, the
City Council of the City of Dubuque, Iowa met on the 17th day of September,
2012, at 6:30 p.m. in the Historic Federal Building Council Chambers (second
floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the
request to vacate; and
Whereas, the City Council of the City of Dubuque, Iowa overruled any and
all objections, oral or written to the request to vacate; and
Whereas, the City Council of the City of Dubuque, Iowa, has determined
that the proposed vacated portion of Peosta Street abutting Lot 2 of Giese
Subdivision to be known as Lot A Giese Subdivision in the City of Dubuque,
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 A of Giese Subdivision
in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby
vacated.
Section 2. The City of Dubuque reserves unto itself a perpetual
easement including the right of ingress and egress thereto, for the purpose of
erecting, installing, constructing, reconstructing, repairing, owning, operating, and
maintaining and sanitary storm sewers as may be authorized by the City of
Dubuque, Iowa, as shown on the plat of survey of Lot A of Giese Subdivision.
Passed, approved and adopted this 1st day f October ,
2012.
G ZL-,
•
/Zoy D. Buol, Mayor
Attest:
Kevin S. ' irnstahl, CMC,'` Ierk
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589 -4270
Returned to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589 -4270
RESOLUTION NO. 275 -12
RESOLUTION DISPOSING OF CITY INTEREST IN LOT A OF GIESE
SUBDIVISION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, pursuant to resolution and published notice of time and place of
hearing, published in the Telegraph Herald, a newspaper of general circulation
published in the City of Dubuque, Iowa on this 21st day of September, 2012, the
City Council of the City of Dubuque, Iowa met on the 17th day of September,
2012, at 6:30 p.m. in the Historic Federal Building Council Chambers (second
floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the
proposal for the sale of real estate described as:
Lot A of Giese 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 A of Giese Subdivision in the City of Dubuque, Dubuque County, Iowa, to
Giese Company, L.L.P. be and the same is hereby approved for the sum of
$1540.00 plus the cost of platting, publication, and filing fees. Conveyance shall
be by Quit Claim Deed.
Section 2. The City of Dubuque reserves unto itself a perpetual
easement including the right of ingress and egress thereto, for the purpose of
erecting, installing, constructing, reconstructing, repairing, owning, operating, and
maintaining and sanitary storm sewers as may be authorized by the City of
Dubuque, Iowa.
Section 3. That the Mayor be authorized and directed to execute a Quit
Claim Deed, and the City Clerk be and is hereby authorized and directed to
deliver said deed of conveyance to Giese Company, L.L.P. upon receipt of the
purchase price in full.
Section 4. That the City Clerk be and is hereby authorized and directed
to record a certified copy of this resolution in the offices of the City Assessor,
Dubuque County Recorder and Dubuque County Auditor.
2012.
Attest:
Passed, approved and adopted this 1st
disAV
Kevin ', F rnstahl, C C, a'r Clerk
day
of October
L.0
Roy D. Buol, Mayor
Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113
Return to: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113
Tax statement to: Giese Companies
2125 Kerper Boulevard
Dubuque, Iowa 52001
QUIT CLAIM DEED
SPACE ABOVE THIS LINE
FOR RECORDER
For the consideration of One Dollar and other valuable consideration, the City of
Dubuque, Iowa does hereby Quit Claim to Giese Company LLP, all its right, title,
interest, estate, claim and demand in the following described real estate in Dubuque
County, Iowa:
Lot A of Giese Subdivision in the City of Dubuque, Iowa
Exempt: Iowa Code § 428A.2(6) Deed in which a political subdivision of the state of Iowa
is the grantor
Dated: October 1 , 2012
Attest:
ArAirrl
•
irnstahl, -Ci y Clerk
CITY OF DUBUQUE, IOWA
Roy D. ol, Mayor
STATE OF IOWA, DUBUQUE COUNTY, ss:
On this 183- day of Qom.. , 2012, before me a Notary Public in and for said
County and said State, personally appeared Roy D. Buol and Kevin Firnstahl 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; that said instrument was signed on
behalf of said City of Dubuque by authority of Resolution No. 275 -12 and that the
said Roy D. Buol and Kevin Firnstahl as such officers, acknowledged the execution of
said instrument to be the voluntary act and deed of said municipal corporation, by it and
by them voluntarily executed.
Commission Number 719986
My Commission Expires
i •13•,` -�
F: \USERS \tsteckle \Department Correspondence\ Engineering \GieseQuitClaimDeed_091712.doc
, Notary public
REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT
TO BE COMPLETED BY TRANSFEROR
TRANSFEROR:
Name City of Dubuque, Iowa
Address 50 West 13th Street Dubuque Iowa 52001
Number and Street or RR
City, Town or P.O.
TRANSFEREE:
Name Giese Compaq L . L. P
Address 2125 Kerper Boulevard Dubuque Iowa 52001
Number and Street or RR
City, Town or P.O.
Address of Property Transferred:
n.a.
Number and Street or RR City, Town or P.O.
State
Zip
State
Zip
State Zip
Legal Description of Property: (Attach if necessary) Lot A of Giese Subdivision in the City of
Dubuque, Iowa
1. Wells (check one)
X 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 or set forth on an attached separate sheet, as necessary.
2. Solid Waste Disposal (check one)
X There is no known solid waste disposal site on this property.
There is a solid waste disposal site on this property and information related thereto is provided
in Attachment #1, attached to this document.
3. Hazardous Wastes (check one)
X There is no known hazardous waste on this property.
_ There is hazardous waste on this property and information related thereto is provided in
Attachment #1, attached to this document.
4. Underground Storage Tanks (check one)
X There are no known underground storage tanks on this property. (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 on this property. The type(s), size(s) and any known
substance(s) contained are listed below or on an attached separate sheet, as necessary.
FILE WITH RECORDER DNR form 542 -0960 (July 18, 2012)
5. Private Burial Site (check one)
a_ 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) and known
identifying information of the decedent(s) is stated below or on an attached separate sheet, as
necessary.
6. Private Sewage Disposal System (check one)
_ All buildings on this property are served by a public or semi - public sewage disposal system.
X This transaction does not involve the transfer of any building which has or is required by law to
have a sewage disposal system.
There is a building served by private sewage disposal system on this property or a building
without any lawful sewage disposal system. A certified inspector's report is attached which
documents the condition of the private sewage disposal system and whether any modifications
are required to conform to standards adopted by the Department of Natural Resources. A
certified inspection report must be accompanied by this form when recording.
There is a building served by private sewage disposal system on this property. Weather or
other temporary physical conditions prevent the certified inspection of the private sewage
disposal system from being conducted. The buyer has executed a binding acknowledgment
with the county board of health to conduct a certified inspection of the private sewage disposal
system at the earliest practicable time and to be responsible for any required modifications to
the private sewage disposal system as identified by the certified inspection. A copy of the
binding acknowledgment is attached to this form.
_ There is a building served by private sewage disposal system on this property. The buyer has
executed a binding acknowledgment with the county board of health to install a new private
sewage disposal system on this property within an agreed upon time period. A copy of the
binding acknowledgment is provided with this form.
_ There is a building served by private sewage disposal system on this property. The building to
which the sewage disposal system is connected will be demolished without being occupied. The
buyer has executed a binding acknowledgment with the county board of health to demolish the
building within an agreed upon time period. A copy of the binding acknowledgment is provided
with this form. [Exemption #9]
This property is exempt from the private sewage disposal inspection requirements pursuant to
the following exemption [Note: for exemption #9 use prior check box]:
The private sewage disposal system has been installed within the past two years pursuant to
permit number
Information required by statements checked above should be provided here or on separate
sheets attached hereto:
I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM
AND THAT IH ION STATED ABOVE IS TRUE AND CORRECT.
Signature:
(Transfersr or Nent)
FILE WITH RECORDER
Ti'i -f' Lam..
Telephone No.: 5t423 %9 -471c
DNR form 542 -0960 (July 18, 2012)
Masterpiece on the Mississippi
TO:
FROM:
SUBJECT:
DATE:
09, ,0)
Ulm} 6,1& ✓
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Vacating Petition /Peosta Street (Giese Companies)
September 11, 2012
Dubuque
bfritt
NI- Amenca City
8
2012
In response to a request from Tom Giese to vacate a portion of Peosta Street abutting
Giese Companies at 2125 Kerper Boulevard, City Engineer Gus Psihoyos states that
the City has no plans for the utilization of that portion of Peosta Street, except for
reserving sewer easements as noted. City Engineer Gus Psihoyos recommends
approval of the request to vacate for a purchase price of $1,540, plus platting,
publication and filing fees, and recommends that a public hearing be set for October 1,
2012, on the disposal of this property.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
milw4
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manage
FROM: Gus Psihoyos, City Engineer
SUBJECT: Vacating Petition /Peosta Street (Giese Companies)
DATE: September 10, 2012
INTRODUCTION
This is in response to a request from Tom Giese for the vacating of a portion of Peosta
Street abutting Giese Companies at 2125 Kerper Boulevard.
Dubuque
ketd
NI- Ameica City
2012
DISCUSSION
The attached plat shows the area proposed to be vacated. The abutting property is
owned by Giese Companies.
The area to be vacated is platted into one lot and is described as Lot A of Giese
Subdivision in the City of Dubuque, Iowa. Said Lot A is a portion of excess right of way
on which a public storm and sanitary sewer exist. Perpetual easement rights will be
reserved on the southerly 40 foot portion of Lot A for maintenance of the existing
sewers.
The proposed area to be vacated has been valued at $2.90 per square foot except the
easement area which is valued at $1.45 per square foot for a total value of $1540.00.
RECOMMENDATION
With the exception of reserving sewer easements as noted, the City has no plans for the
utilization of this portion of Peosta Street to be vacated.
I am recommending that the plat be approved and the area indicated by Lot A of Giese
Subdivision in the City of Dubuque, Iowa as shown 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, 2012. Furthermore, I am recommending that the purchase price be
established at $1540.00 plus platting, publication and filing fees.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and that the Plat of Lot A
of Giese Subdivision be approved and a public hearing should be set on the disposal of
the property through adoption of the enclosed resolutions.
Prepared by Ron Turner, PLS
2
RESOLUTION NO, 253-12
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST
IN A PORTION OF PEOSTA ST, TO BE KNOWN AS LOT A OF GIESE
SUBDIVISION IN THE CITY OF DUBUQUE, IOWA
Whereas, Giese Companies has requested the vacating and disposal of a portion
of Peosta Street; and
Whereas, IIW, P.C. has prepared and submitted to the City Council a plat
showing a proposed vacated portion of Peosta Street and assigned a lot number thereto,
which hereinafter shall be known and described as Lot A of Giese Subdivision in the City
of Dubuque, 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 vacate and dispose of its interest
in Lot A of Giese Subdivision in the City of Dubuque, Iowa.
Section 2. That the conveyance of Lot A of Giese Subdivision in the City of
Dubuque, Iowa to Giese Companies be contingent upon the payment of $1540.00, 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 vacate and dispose of said real estate to be published in the manner
as prescribed by law.
Attest:
Kevin = irnstahl, ity CI
17th
Passed, approved and adopted this _ day of Septemb
2012.
Roy D. Buol, Mayor
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589 -4270
Returned to: Ronald J. Turner, City of Dubuque, 50 W. 13'" Street, Dubuque, Iowa (563- 589 -4270)
RESOLUTION NO.254 -12
RESOLUTION APPROVING PLAT OF PROPOSED VACATED PEOSTA STREET
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
a plat dated September 7, 2012 prepared by IIW, P.C., describing the proposed vacated
portion of Peosta Street to be known as Lot A of Giese Subdivision in the City of Dubuque,
Dubuque County, Iowa; 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 7, 2012 prepared by IIW, 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 for
and on behalf of the City of Dubuque, Iowa.
Section 2. The City of Dubuque reserves unto itself a perpetual easement
including the right of ingress and egress thereto, for the purpose of erecting, installing,
constructing, reconstructing, repairing, owning, operating, and maintaining storm and
sanitary sewer lines and appurtenances as may be authorized by the City of Dubuque, Iowa.
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:
Kevin . Firnstahl, C C, ' erk
day of September2012.
D
oy D. Buol, Mayor
1.
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;',Yarnuaiy° 13,. 1812
Honorable Mayor and City Counci
'50 West 13th Street
Dubuque, IA 52001 -4845
RE: Vacate City Property
Dear Mayor and Council Members!
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12 JAN 17 PM 3: 96z,
This letter is written to inquire about the possibility of purchasing a portion of a city street/alley
abutting my property behind our existing address at 2125 Kerper Blvd. and Fengler Street. We
plan to use the vacated property for additional parking and storage. This small area would
greatly improve the lot lines as you can see from the enclosed sketch.
We have contacted the City Engineering Department and they have indicated a favorable
condition for the vacating, but may need easements reserved for utilities. We understand that the
vacated area would need to be surveyed and platted at our expense and a fee paid for the parcel,
plus publication and filing fees.
Please call be at 563/588 -2023, if you have any questions. Thank you for your consideration of
this request.
Sinc
Thomas W. Giese
2125 Kerper Blvd., Dubuque, IA 52001 -2239
(563) 588 -2023 Phone • (563) 556 -8422 Fax
www.gleseco.com
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Masterpiece on the Mississippi
Peosta Street Vacate
Giese Companies- 2125 Kerper Blvd.
DAGIS
Maaqut MIA a:]el4ralt Iarce,ATIOY Sr51IX
DISCLAIMER: This Information was compiled
using the Dubuque Area Geographic Information System
(DAGIS), which Includes data created by both the City of
Dubuque and Dubuque County. 0 Is understood that, while
the City of Dubuque and participating agencies utilized the
Itscurrent and accurate information available, DAGIS and
supers do not warrant the accuracy or currency of the
Information or data contained herein. The City and participating
agencies shall not be held liable for any direct, Indirect, Incidental,
consequential, punitive, or special damages, whether foreseeable o r
unforeseeable, arising out of the authorized or unauthorized use of
this data or the (nobility to use this data or out of any breach of
warranty whatsoever.
1 inch = 333 feet
10050 0 100 200 300 400 Feet
Map Prepared by:
City of Dubuque
Engineering Division
50 West 13th Street
Dubuque, Iowa 52001
Phone: (563) 589 -4270
Fax: (563) 589 -4205
NOTE:
LOT A IS COMPRISED OF A
PORTION OF PEOSTA STREET
ADJACENT TO GIESE SUBDIVISION
THAT IS PROPOSED TO BE
VACATED
LEGEND
LOT A BOUNDARY
LOT LINE
FOUND 5/8 " IRON ROD W/
NO CAP
FOUND 5/8 " IRON ROD W/
YELLOW CAP NO. 11306
RECORD INFORMATION
PROPOSED CITY
STORM SEWER AND
SANITARY SEWER EASEMENT
LINE BEARING DIST.
L1 S41'42'23 "W 60.83' (61.78')
L2 S15'45'20 "W 47.79'
GRAPHIC SCALE
0 50
100
1" = 50'
DRAWING MAY HAVE BEEN REDUCED
NOTE
THIS SURVEY IS SUBJECT TO
EASEMENTS, RESERVATIONS,
RESTRICTIONS AND RIGHTS —OF —WAY
OF RECORD AND NOT OF RECORD.
PROPRIETOR: CITY OF DUBUQUE, IA
SURVEYED FOR: TOM GIESE
DATE OF SURVEY: AUGUST 29, 2012
PLAT OF SURVEY
LOT A OF GIESE SUBDIVISION IN THE CITY OF DUBUQUE, IOWA
GARFIELD AVENUE
T. McCRANEY'S ADDITION
1 _o
N3017'46 °E
0
8)
to
(120')
MARCOV PLACE
559;18'16 "E 243.07'
LOT 18
T. McCRANEY'S
ADDITION
S60'39'41 "E
,51.89' (51.5')
(123') 36.37'
1 (36.1')
S60'39'41 "E
0
N
87
LOT 17
4,
N
LOT 16
LOT 15
67
4,
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(120')
LOT 14
(123')
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56.13'
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RIVER FRONT SUBDIVISION NO. 3
CORNER IS IN BLDG —
NO MONUMENT SET
LOT 2 -2,
" BLK 19
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N59'27•50 "W
N ▪ >mna90.42' (90.36')
LOT
1 -2,
BLK 19
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JAEGER'S N
SUBDIVISION
W'LY CORNER
3/4" PIPE LOT 5, JAEGER'S
SUBDIVISION
S59'26'58 "E 242.99'
FENGLER STREET
L2, o
PROPOSED 40' CITY STORM SEWER
AND SANITARY SEWER EASEMENT
PER THIS PLAT
LOT A
636 SQ. FT.
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56.68'
N59'27'50"W
LOT
2 -20
JAEGER'S
SUBDIVISION
1" PIPE
LOT 1, BLK 19
RIVER FRONT
SUBDIVISION
NO. 3
WESTERNMOST CORNER
OF LOT 2 &
POINT OF BEGINNING
FENGLER STREET
WRAY A. "s
CHILDERS
LS 11306
LAND
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I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED
AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY
DIRECT PERSONAL SUPERVISION AND THAT AM A DULY LICENSED LAND
SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA.
FOR IIIIIW, P.C.
v v�
WRAY A. CHIIAERS
LICENSE NO. 11306
DATE
MY LICENSE RENEWAL DATE IS 12/31/2013
PAGES OR SHEETS COVERED BY THIS SEAL SHEETS 1 & 2
• •
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INTEGRIIY,OW(0TISESOLU11ON8
ww.11won9r.cam • 600566.4491
ARCHITECTURE
EHOINCCRINO
CONSTRUCTION SERVICM
HHVIRCHIEGNTAL ENGINEERING
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STRUCTURAL
DRAWN K PLAT NO. 42 -IA -12
CHECKED WAC PROD. N0. 12718
DATE 08 -30 -12 SHEET 1 of 2
P: \12 \700 \718\DRAWINGS \SURVEY\12718 PLAT OF
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4155 PENNSYLVANIA AVE DUBUQUE, IOWA
PREPARED BY
PLAT OF SURVEY
LOT A OF GIESE SUBDIVISION IN THE CITY OF DUBUQUE, IOWA
SURVEYOR'S CERTIFICATE
I, Wray A. Childers, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that
the following real estate was surveyed and platted by me or under my direct personal
supervision, To Wit:
That part of Peosta Street in the City of Dubuque, Iowa described as follows:
.Beginning at the westernmost corner of Lot 2 of Giese Subdivision in the City of Dubuque, Iowa;
Thence on an assumed bearing of North 30 degrees 18 minutes 55 seconds East along a
northwesterly line of said Lot 2 a distance of 105.89 feet;
Thence South 41 degrees 42 minutes 23 seconds West 60.83 feet to the southernmost corner
of Lot 2 of Lot 19 of Jaeger's Subdivision in the City of Dubuque, Iowa;
Thence South 15 degrees 45 minutes 20 seconds West 47.79 feet to the point of beginning.
This survey was performed for the purpose of dividing and platting said red estate henceforth
to be known as Lot A of Giese Subdivision in the City of Dubuque, Iowa, containing 636 square
feet more or less, and subject to easements, reservations, restrictions, and rights —of —way of
record and not of record, the plat of which is attached hereto and made a part of this
certificate.
• •
IIW
N1EGRRY.IXPERTISE.SOLIrfONS
www.11wengr.cem • 000.556.4491
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CONSTRUCT/0N OERVICIDI
LAND aURVIITINO
MUNICIPAL INOINEERINO
DRAWN KMS P AT NO. 42 —IA -12
HECKED
WAC
PROJ. NO. 12718
DATE 08 -30 -12 S EET 2 of 2
P: \12 \700 \718 \DRAWINGS \sJRYEY\1271R P14T or
CITY COUNCIL
Dubuque, Iowa
September 17 , 201 2
The undersigned, Mayor and Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing plat
of Lot A of Giese Subdivision in the City of Dubuque, Iowa, has been filed in the office of the Clerk of
the City of Dubuque, and that by Resolution No. 254 -12 the Dubuque City Council approved
said plat.
Roy 15. B
Mayor o
e City of Dubuque
Key' . Firnstahl
Clerk of the City of Dubuque
COUNTY AUDITOR
Dubuque, Iowa , 20
The foregoing plat Lot A of Giese Subdivision in the City of Dubuque, Iowa was entered of record in
the office of the Dubuque County Auditor this day of
20 .
We approve the subdivision name or title to be recorded.
County Auditor of Dubuque County, Iowa
CITY ASSESSOR
Dubuque, Iowa , 20
The foregoing plat of Lot A of Giese Subdivision in the City of Dubuque, Iowa was entered of record
in the office of the Dubuque City Assessor this day of , 20 .
City Assessor of Dubuque, Iowa
RECORDER'S CERTIFICATE
Dubuque, Iowa , 20
The foregoing plat of Lot A of Giese Subdivision in the City of Dubuque, Iowa has been reviewed by
the Dubuque County Recorder.
Recorder of Dubuque County, Iowa
OWNER'S CONSENT
Dubuque ,Iowa
September 17
,2012
The foregoing plat of Lot A of Giese Subdivision in the City of Dubuque, Iowa is made with the free
consent and in accordance with the desires of the undersigned owners and proprietors of said real estate.
FOR THE CITY, OF DUBUQUE, IOWA
Lz■fi
By
Roy D. Bu Mayor
By ��
Key': S. Firnstahl, ity C1 ='i
State of Iowa )
) ss:
County of Dubuque )
On this 17th day of September , 201?, before me, a Notary Public in and for the County
of Dubuque and State of Iowa, personally appeared Roy D. Buol and Kevin S. Firnstahl, to me personally
known who, being duly sworn did say that the said Roy D. Buol is Mayor and the said Kevin S. Firnstahl
is City Clerk of the City of Dubuque, Iowa, and that the seal affixed to the above instrument is the
corporate seal of the City of Dubuque, Iowa, and that said instrument was signed and sealed on behalf of
the said City of Dubuque, Iowa, by authority of the City Council of said city, and the said Roy D. Buol
and Kevin S. Firnstahl acknowledged the execution of said instrument to be the voluntary act and deed of
said City of Dubuque, Iowa, by it voluntarily executed.
Witness my hand and notarial seal on the date last above written.
Dubuque, Iowa
Notary Public in and for the Said County
My Commission Expires 1 • •
TRISH L. GLEASON
Commission Number 719986
My Commission Expires
PLANNING SERVICES
, 2012—
The foregoing plat of Lot A of Giese Subdivision in the City of Dubuque, Iowa, or within the two mile
jurisdiction of the City of Dubuque, Iowa, as defined under Section 354 of the Code of Iowa, has been
reviewed by the City Planner, (or designee) of the City of Dubuque in accordance with Chapter 42 of the
City of Dubuque Code of Ordinances, and said approval has been endorsed herein on the date first written
above.
Planning Services Division
City of Dubuque, Iowa
City Planner