Kerper prop to Area Resident CaCITY OF DUBUQUE, IOWA
MEMORANDUM
Febmary 13, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Vacating Petition - Kerper Boulevard
In response to a request from Area Residential Care, Inc., Public Works Director Mike Koch is
recommending vacation of Lot 2A of Block 15 of Riverfront Subdivision No. 3. The City has no
plans for use of this property, however the City reserves the utility easements as noted. The
purchase price would be $5,880, plus fees.
concur with the recommendation and respectfully request Mayor and City Council approval.
Mic~llige~n~
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Michael A. Koch, Public Works Director
Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, iA 52001-4864
RESOLUTION NO. 62-01
RESOLUTION DISPOSING OF CITY INTEREST IN LOT 2A OF BLOCK
1 5 OF RIVER FRONT SUBDIVISION NO. 3, DUBUQUE, IOWA
Whereas, pursuant to resolution and published notice of time and place of
hearing, published in the Telegraph Herald. a..n~.~.paper of general circulation
published in the City of Dubuque, Iowa on _ ~ day of~z¢'.-~-_~.¢.-,~¢ ,
2001, the City Council of the City of Dubuque, Iowa met on the / ~//-~- d~y of
~.~¢-~'z-'-'?r'~ ,2001, at 6:30 p.m. in the Public Library Auditorium, 11th
and Locust, D~que, Dubuque, County, Iowa to consider the proposal for the
sale of real estate described as:
Lot 2A of Block 15 of River Front Subdivision No. 3 in the City of Dubuque,
Iowa
Whereas, the City Council of the City of Dubuque, Iowa overruled any and
all objections, oral or written to the proposal to sell such real estate, except for
easement as noted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CiTY OF DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque real property described as
Lot 2A of Block 15 of River Front Subdivision No. 3 in the City of Dubuque, Iowa
to Area Residential Care, Inc. be and the same is hereby approved for the sum of
$5,880.00, plus cost of publication, platting 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, 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.
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 Jon Romaine representing Area Residential
Care, Inc. 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 office of the City Assessor,
Dubuque County Recorder and Dubuque County Auditor.
PaSsed, approved and adopted this 19t~h day of February ,., , 2001.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (319) 589~4270
Address Tax Statement: Area Residential Care, inc., t 170 Roosevelt Rd. E×t., Dubuque, iA 52001
QUIT CLAIM DEED
The City of Dubuque, Iowa, a municipal corporation of Dubuque County, Iowa, for Five
Thousand One Hundred Fifty Three and 75/100 Dollars ($5,153.75) and other good and
valuable consideration, does hereby Quit Claim unto:
Area Residential Care, Inc.
1170 Roosevelt Road Extension
Dubuque, IA 52001
all its rights, title, and interest in the following-described real estate situated in Dubuque
County, iowa, to-wit:
Lot 2A of Block 15 River Front Subdivision No. 3 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
Lot 2A of Block 15 of River Front Subdivision No. 3.
No declaration of value is required according to Iowa Code Section 428A.1.
~ an ~ o the City of
u o e o ti , any, having
been fulfiIied.
Signed this/'7~ day of ~ .~4/Z-~/, 2001.
/
C[TY~/DU,~U QU~, IOWA
T~rance M. Duggan~yor
Attest:
~.~eanne 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.
REAL ESTATE TRANSFER ~ GROUNDWATER HAZARD STATEMENT
PART I - TO BE COMPLETED BY TRANSFEROR
(Please Type or Print Legibly)
Address 1170 Rmosevelt Straet F~xtension Dubuque
IA 52001
Address of Property Transferred
Legal Description of Proper~y
Lot 2A of Block 15 River Front Subdivision ~o. 3 in ~h~ £ity nf E~h$cJl~:
Dubuque OstrrtV, !~wa
1. Wells (check one) >~ There are no known wells situated on this property.
[] Waere 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) X~ There is no known solid waste disposal site on this property.
C/ There is a solid waste disposal site on this property, but no notice has been received from the Deparm~ent of Natural Resources that th
site is deemed to be potentially hazardous.
~ There is a solid wast~ disposal site on thLs property which has been deemed to be potenfiatiy hazardous by the Depamnent of Natural
Resources. The location(s) of the site(s) is stated below.
Hazardous Wastes (check one)
~ There is no known hazardous waste on this proper~y.
[~ There is hazardous waste on this property and it is being managed in accordance with Department of Natural Resources roles:
Underground Sto[age Tanks (check one)
>g~ Them are no known under~ound storage tanks on this property. (Note exclusions such as small farm and residenfiaI motor fuel tanks.
most hea~ug oll tanks, cisterns and septic tanks, in instractions.)
[3 There is a~ mader~ound storage rank or tan/~ on this property. The type(s), size(s) and any known substance(s) contained are descn~
below.
Private Burial Site (cheek one)
;G: There are no known private burhl sites on th/s property.
[] There is a pr/rate 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, required by statements checked above:
Ariacbanent for Additional Information? y/~ If so, number of pages
I HEREBy DECLAJ~E THAT T E INFORMATION CONTAINED IN PART 1 OF THIS STATE,rENT IS TRUE AaND CORREC'i
(rtan~,eroroe^g~tl Michael A. Koch, Public W~rks Director
PART II - TO BE COMPLETED BY RECOPd)FR
Date of Insmament Book/LD. Page/I.D.
Date of Recording City or Township
Deed [] Conlract [5 County
DNR form (July 99) FILE **VITIt RECORDER ~2~o
(See Ixmtraclion #6)
PLAT OF SURVEY
LOT 2A, BLOCK 15, RIVER FRONT SUBDIVISION NO.
IN THE CITY OF DUBUQUE, IOWA
DESCRIPTION: THE VACATED 22-FOOT WIDE PORTION OF KEEPER BOULEVA*RD
LYING EASTERLY OF AND ADJACENT TO LOT 2, BLOCK 15, RIVERFRONT
SUB. NO. 5 IN THE CITY OF DUBUQUE, IOWA
.~0'2ysT"E _ _ _ ~-- ....
"~°'23'~T'~'- ~. 2~0.~'~'
I
LOT 1 I I
BLOCK 15, RIVER
FRONT SUB. NO. 3
IN--FUTURO
I I
LOT 2
BLOCK 15, RIVER
0 60 120 FRONT SUB. NO. 5 03
SCALE: 1" = 120' cJJ~ .oo
LEGEND I
) /'-POINT OF BEGINNING
~ NOTE: LOT 2A IS REBER¥[D AS I
N32'O8'O2"E
N32'08'02 'E L.. ., ~.- ' R.O.W
'~ '/~254.94' v - 230.19' 5,064 SQ. FT. ,
z'~ LOT 2A ,
~ '~ ~ S52'08'02"W 2,30.20'
~ KEEPER BOULEVARD
SURVEYED FOR: AREA RESIDENTAL CARE PROPRIETOR: CITY OF DUBUQUE
..'.'.~" \ O W,<J '~"./. AND ~HE RELATED SURVEy '~RK WAS pERFORMED BY ME OR UNDER MYm S][~rJ~O~, ~*~'C.
KATEY FLYN!! THURLOW
COUNTY RECORDER $')~.
DUBUQUE CO., IO~A FEES~
PREPARED BY: ilW ENGINEERS · SUR~YO~ P,C, ~155 PENNS~VANIA A~, DUBU~E, IOWA, (519) 556-2464
SURVEYOR'S CERTIFICATE
Sheet 2 of 3
I, John M. Tranmer, hereby certify that I am a Licensed Land Surveyor in the State of Iowa, and that the
following met of real estate was surveyed and platted by me or under my direct personal supervision, To
Wit:
The vacated 22-foot wide portion of Kerper Boulevard lying Easterly of and adjacent to Lot 2, Block 15,
River Front Subdivision No. 3 in the City of Dubuque, Iowa, more particularly described as follows:
Beg/nmng at the Southeasterly comer of said Lot 2, Block I5;
Thence North 32 degrees 08 minutes 02 seconds East along the Easterly line 07qesterly right-of-way line
of Kerper Boulevard) of said Lot 2, Block 15, 230.19 feet to the Northeasterly comer of said Lot 2;
Thence South 57 degrees 01 minutes 46 seconds East, 22.00 feet;.
Thence South 32 degrees 08 minutes 02 seconds West, 230.20 feet;
Thence North 57 degrees 0I minutes 13 seconds West, 22.00 feet to the point of beginning.
This survey was performed for the purpose of dividing and platting said real estate henceforth to be
known as Lot 2A, Block 15, Riverfxont Subdivision No. 3 in the City of Dubuque, Iowa, containing
5,064 sq. ft., more or less, and subject to easements, reservations, restrictions, and fights-of-way of record
and not of record, the plat of which is attached hereto and made a part of this certificate.
I hereby certify that t_his land surveying document was pm'pared and the
related survey work was performed by me or under my direct personal
........ " supervision and that I am a duly licensed Land Surveyor under the laws of the
-" ......... "- State of Iowa.
~.-: ~ ,~53, _:,,~ FOR IIW ENGINEERS AND SURVEYORS, P.C.
License Number 12631
SEAL My license renewal date is December 31, 2002
Pages or sheets covered by this seal: Surveyor's Certificate Only
OwIsrER'S CONSENT
~ ~/~ / Iowa
2~ne foregoing plat of Lot 2A, Block 15, Riverfront Subdivision No. 3 in the City of Dubuqua, Iowa, is
made w/th 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
(.~J~arme F. Schneider, City Clerk
Sheet 3 of 3
State of Iowa )
) SSi
County of Dubuque)
On this /~': day of ~Tf~'-~--'z~/"~'~"°'"/ ,20~ before me, a Notary Public in and for the County of
Dubuque mad State of Iowa, personalllf~ppeared Terranee M. Duggan cud Jeanne F. Schneider, to me
personally knovm who, being duly sworn, did say that the said Terranee M. Duggan is Mayor and the said
Jeanue F. Schneider is City Clerk of the City of Dubuque, Iowa, and that the seal affixed to the aboye
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 Termuce M. Duggan and Jeanue F. Schneider 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.
My Commission Expires:
CYFY COUNCIL
Dubuque, Iowa f-~,./.~·x~'.z? . / , 2~/
~e ~d~i~d, ~yor ~d CI~k of~e CiW of Dubuque, Iowa, do h~eby c~ that ~e forego~g plat
~ ~e CiW of Dubuque, Io~ as appe~ on Sheet 1 of ~ ~eof ~s been filed in ~e o~ce of the Clerk
of ~e Ci~ of Dubuque, ~d ~at by R~ulufion No. ~-i~/ the Dubuque Ci~ Council approved
s~d pht.
Tem~ M. Dugg~
~yor of ~e Ci~ of Dubuque
~e F. Sc~eid~
Cl~k of ~e CiW of Dubuque
COUNTY AUDITOR
Dubuque, Iow la
The foregoing plat was entre'ed of record in the office of the Dubuque Cotmty Auditor this [ ~
dayof ~k,t~L,~ ,20~__~-
Com~u~tor of Dubuque Count, Iowa
CITY'ASSESSOR
Dubuque, Xowa , ~ -/, ~ ,20__~
The foregoing plat was entered of record in the office of the Dubuque City Assessor this /~q ~
day of /~,/f,'~x~' ,20D~
City As~e~o~ o£Duhngn~ ~owa
REAL ESTATE TRANSFER - GKOUNDWATER. HAZARD STATEMENT
PART I - TO BE COMPLETED BY TRANSFEROR
(Please Type or Print Legibly)
TRANSFEROR Name ~C¥ Of Dubuaue. Io~a
Address 50 W. 13~h S'tra~
TRANSFEREE Name /Yea Residential Cam, Inc.
Address 1170 Roosevelt Street Ertension Dubuque IA .~200i
Lot 2A of Block 15 River Front Subdivision No_ 3 in the tlit=v oF I~h~qm:
Dubuque Courrtv.
1. Wells (check one) ~ There are no known wells situated on this property.
12 There is a well or wells situated on this property. The iype(s), location(s) and legal status am stated below.
2. Solid Waste Disposal (check one) ~lX Tl~ere is no known solid waste disposal site on this property.
[] Them is a solid waste disposal site on this properS, but no notice has been received from the Deparmaent of Natural Resources that the
site is deemed to be potentially hazardous.
~ There is a solid waste thsposal site on this property which has been deemed to be potentially hazardous by the Department of Natural
Resources. The location(s) oftbe sita(s) is stated below.
3. Hazardous Wastes (check one)
;~[ There is no known hazardous waste on this property.
tn There is h,~ardous waste on this property and it is being managed in accordance ~vith Deparanent of Natural Resources rules.
4. Underground Storage Tanks (cheek one)
~ There are no known underground storage tanks on this properly. (Note exclusions such as small farm and residemial motor fuel tanks,
5. Private Burial Site (check one) ;~ There are no known private burial sites on this property.
U There is a private burial site on th~s property. The Iocadon(s) of the site(s) is stated below. The known identifying information of the
decedent is stated below.
In/ormation, if any, required by statements checked above:
Attachment for Additional Information? Y/~ If so, number of pages
IS igHnEa2~¥ DECL ?.~/~ ~OR~IATIO;C~;~ 7NED IN PA~T 10 ;e;eE ihSo~;Sberi~: ~ .~ U~9_4~Alhq)70C O~CT
Data of Ins~nt
DateofRecord~g ~' ~D ' ~omhp -- ~ --
Deed ~ Con.ct
DNR fo~ (July 99)
(See
3437-01
2~I]I~AR20 PN 3:27
KATHY FLYNN THU~LOW
COUNTY RECORDER
DUBDSUE CO., IOWA FEES
Prepared by: ~ommld J. Turner, C]W o~ Dubuque, 50 W. 12~h ~tree%, Dubuque, Io~a (219) 589-4~70
Address Tax Statement: Area Residential Care, [nc., 1170 Roosevelt Rd. Ext., Dubuque, IA 52001
QUIT CLAIM DEED
The City of Dubuque, iowa, a municipal corporation of Dubuque County, iowa, for Five
Thousand One Hundred Fifty Three and 75/100 Dollars ($5,153.75) and other good and
valuable consideration, does hereby Quit Claim unto:
Area Residential Care, inc.
1170 Roosevelt Rood Extension
Dubuque, IA 52001
ail its rights, tiBe, and interest in the following described real estate situated in Dubuque
County, Iowa, to-wit:
Lot 2A of Block 15 River Front Subdivision No. 3 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 o1
Lot 2A of Block 15 of River Front Subdivision No. 3.
No declaration of value is required according to Iowa Code Section 428A.1.
This deed is given p,u~ursgant to the authority of Resolution No. ~'~2 of the City of
Dubuque, adopted ~,Z/~ /7 , 2001, the terms and conditions thereof, if any, having
been fu~fil[ed.
Signed this / ~ day of- , 2001.
.... ~: ' CI~ OF DUBUQUE, IOWA
c~ ' By:
A~e~:A , ,' .~
the City Council on the/~ day of ~¢~, 2001; and Terrance M. Duggan~nd
,,~ ' ~otar~¢ cffH ~na Fbfi~d'State.
CIE,' CIerk's Office
50 West 13th Street
Dubuque, Iowa 52001~_$64
(3'i9) 5S94120
(.319) 58943890 FAX
February 20, 2001
Jon Romaine
Area Residential Care, Inc.
1170 Roosevelt Road Extension
Dubuque IA 52001
Gentlemen;
The City Council approved the disposition of Lot 2A of Block 15 of River Front '
Subdivision No. 3 to Area Residential Care on Monday, February 19, 2001. Upon
payment of the following charges I will have the Plat of Survey, Quit Claim Deed
and Certified Resolution recorded. When the recorded documents are returned to
me, I will forward them to you.
Purchase Price
Publication Fees
Recording Fees
$$5,880.00
23.00
60.00
TOtal Amount Due
~5,963.00
Please make the check payable to "Treasurer, City of Dubuque", and mail to the
City Clerk's Office, 50 West 13th Street, Dubuque, IA 52001.
If you have any questions, I can be contacted at 589-41 21.
Sincerely,
¢~ ' ~/deanne F. Schneider
City Clerk
Se,~'ice People Integri~, Responsibility Innovation Tearawork
· ~,:~Ol Office of City Treasurer
M M D O Y Y City Hall, 50 West 13th Street
~sto Dubuque, Iowa 52001-4864
AREA RESIDENTIAL CARE FOUNDATION
Received of Receipt No
128915
Description Amo
Activity
Object
55100 52501 PURCHASE OF LOT20F ~LOCK 15 of 5,880.
73100 54303 R~VERFRONT S~3BDIV~SION ~3 83.
CI~5077
~,,. Total 5.~963,