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Vacating Petition for the Alley Between Main Street and Salina Street_CRESCENT Copyright 2014 City of Dubuque Public Hearings # 4. ITEM TITLE: Vacating Petition for the Alley Between Main Street and Salina Street (Crescent Electric) SUMMARY: Proof of publication on notice of public hearing to consider approval of a request by Crescent Realty Corporation (Crescent Electric) to vacate a portion of a 20-foot wide alley between Main Street and Salina Street which abuts the Crescent Electric property at the intersection of S. Main Street and Charter Street and the City Manager recommending approval. RESOLUTION Vacating a portion of an alley between Main St. and Salina St. in Block 13 of Dubuque Harbor Company's Addition to be known as Lot 6A in Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa RESOLUTION Disposing of City interest in Lot 6A in Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type ❑ Vacating Petition Alley between Main St and Salina St-MVM Memo City Manager Memo ❑ Staff Memo Staff Memo ❑ Plat Supporting Documentation ❑ Vacating Resolution Resolutions ❑ Disposing Resolution Resolutions ❑ Crescent Electric Quit Claim Deed Supporting Documentation ❑ Crescent Electric Ground Water Hazard Statement Supporting Documentation ❑ Proof of Publication Supporting Documentation THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Vacating Petition/Alley between Main Street and Salina Street (Crescent Electric) DATE: June 29, 2015 A request has been received from Crescent Realty Corporation (Crescent Electric) to vacate a 20 foot wide alley between Main Street and Salina Street which abuts the Crescent Electric property at the intersection of S. Main Street and Charter Street. City Engineer Gus Psihoyos states that the City has no plans for the utilization of that portion of the alley and all local utility companies have been contracted and have no plans for the utilization of this alley area, therefore perpetual easement rights will not be reserved over the portion of vacated alley. The abutting properties on either side of the alley are both currently owned by SELCO and Crescent Electric. SELCO and Crescent Electric have come to an agreement on the method of vacating the adjacent alley. City Engineer Gus Psihoyos recommends approval of the request to vacate for a purchase price of $5,200, plus $100 for platting, publication and filing fees. I concur with the recommendation and respectfully request Mayor and City Council approval. Micliael 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 THE CITY OF Dubuque AII11-America CiI.ty UB E1 Masterpiece on the Mississippi 2007-2012-2013 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Vacating Petition/Alley between Main St. and Salina St. (Crescent Electric) DATE: June 18, 2015 INTRODUCTION This is in response to a request from Crescent Realty Corporation (Crescent Electric) for the vacating of a 20 foot wide alley between Main St. and Salina St. in Block 13 of Dubuque Harbor Company's Addition which abuts the Crescent Electric property at the intersection of S. Main St. and Charter St. DISCUSSION The attached plat shows the alley areas proposed to be vacated. The abutting properties on either side of the alley are both currently owned by either SELCO or Crescent Electric. SELCO and Crescent Electric have come to an agreement on the method for vacating the adjacent alley. The alley area to be vacated is described as Lot 6A of Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa. Perpetual easement rights will not be reserved over the portion of vacated alley. Crescent Electric plans to expand its current storage area over the alley. The City has no plans for the utilization of the alley to be vacated. All local utility companies have been contacted and have no plans for the utilization of this alley area. The City is selling the remaining alley property to SELCO for $2.60 per square foot with certain conditions. Since Crescent Electric is purchasing only a small remnant parcel of 10 foot by 200 foot it seems appropriate that Crescent Electric should pay the same price as SELCO, $2.60 per square foot. Therefore the purchase price will be approximately $5,200.00 plus $100.00 to cover the cost of platting, publication and filing fees. RECOMMENDATION I am recommending the vacating and disposal of Lot 6A of Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa. ACTION TO BE TAKEN The recommendation of the City Manager should be approved and that the vacating, and disposal of Lot 6A of Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa be approved through adoption of the enclosed resolutions. Prepared by Nate Kieffer, PLS 2 Doc ID: 008261840006 Type: GEN Kind: SURVEY PLAT Recorded: 06/16/2015 at 04:22:01 PM Fee Amt: $32.00 Pape 1 of 6 DubuqueCounty Iowa John MurphyRecorder File2015-00007652 PREPARED BY: LAWRENCE A. BOYER L.S. 9761 WHKS & CO., 1701 ROUTE 35 NORTH, EAST DUBUQUE, IL 61025 (815) 747-8833 PLAT OF SURVEY LOTS 6A AND 7A IN BLOCK 13 IN DUBUQUE HARBOR CO'S ADDITION, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA FOR THE VACATION OF A PORTION OF THE EXISTING ALLEY IN BLOCK 13 IN DUBUQUE HARBOR CO'S ADDITION n m w n _ PRIMARYN ROAD US y DODGE 20 EAST BOUND STREET (64' IMDE) -'-'"- a PROJECTBRF CT -20-9(158 --38-31 - N'LY LINE T B BLOCK 13 -_.._.,,A - -.►. LOT --- P D S 83°49'39"E _ _S 86,20 50"E 23.08' 83°7'58"E 116.32' i1 N ELY CORNER LOT \` 116.32' \ OF BLOCK ^^1 ,` 1` ` NW'LY CORNER LOT \\` L 0 T 12A i \/ . 4A OF BLOCK 13 2 G o 0. OA O a N A t^ y26 ti O,A N F rr LEGEND a SURVEYED BOUNDARY LINE.......... m O RECORD MEASUREMENT................. ( ) o CP r a O FND 1/2" REBAR................................. 2 a' oo ,A N PLACED 5/8" REBAR W/ ALUM CAP...O 0°NER i Oil y e6%Ns 1 ,i off• / SURVEYED AREA coo`: LOT 6A...2,000 SQ FTsE -1 1 22 LOT 7A...8,531 SQ FT \ v° 100 W 400 TOTAL....10,531 SQ FT SCALE: 1"=80' SURVEY REQUESTED BY: G p,R10 4o CW WOLFF LLC t` I hereby certify t t this land surveying document was prepared and the related surveywork was performed b me or under m direct VAND.S jpersonal supervision and that I am a duly licensed Land Surveyor ,, under the laws of the State of Iowa. v;-'LAWRENCE A.:o J' BOYER 9761 Lawrence A. Bo r ate 10 License number 9761. engineers+planners+land surveyors i '•......... , My license renewal date is December 31, 2016 IOWA, o i; Date of Survey: June 4, 2015 Sheets covered by this seal: 1 and 2 of 2 PROJECT: 8128 _V D6 SHEET 1 OF 2 LOTS 6A AND 7A OF BLOCK 13 IN DUBUQUE HARBOR CO'S ADDITION, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA DESCRIPTION OF SURVEY For the vacation of a portion of the existing alley in Block 13 in Dubuque Harbor Co's Addition in the City of Dubuque, Dubuque County, Iowa described as follows: Beginning at the Southwesterly corner of Lot 6 of Block 13 in Dubuque Harbor Co's Addition in the City of Dubuque, Dubuque County, Iowa; thence South 66 degrees 13 minutes 26 seconds West, 20.00 feet to the Southeasterly corner of Lot 7 of said Block 13; thence North 23 degrees 47 minutes 4 seconds West, 532.29 feet to the Northeasterly corner of Lot 12A of said Block 13; thence South 83 degrees 49 minutes 39 seconds East, 23.08 feet to the Northwesterly corner of Lot 4A of said Block 13; thence South 23 degrees 47 minutes 4 seconds East, 520.77 feet to the point of beginning; containing 10,531 square feet. Proprietors: CITY OF DUBUQUE, IOWA AJqZFC engineers+planners+land surveyors Project 8128 Sheet 2 of 2 LOTS 6A AND 7A OF BLOCK 13 IN DUBUQUE HARBOR CO'S ADDITION, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER'S CONSENT Dubuque, Iowa June 15 ,2015 The foregoing plat is made with free consent and in accordance with the desire of the undersigned owner and proprietor of said real estate. CITY OF DUBU UE, IOWA By: D Roy D. uol Mayor ATTEST: K in imstahl City Clerk NOTARY CERTIFICATE STATE OF IOWA ) } ss. COUNTY OF DUBUQUE } On this 15th day of June , 2015, 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. 208-15 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 corporation, by it and by them voluntarily executed. *0 EPAMELA J.WCARRON mission Nu bei 772419 Notary blic in the State of Iowa o omm.Exp.`t-5-2Dt Commi ion Expires: LOTS 6A AND 7A OF BLOCK 13 IN DUBUQUE HARBOR CO'S ADDITION, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA PLANNING SERVICES Dubuque, Iowa 03�4A C ,2015 The foregoing plat 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. By:Y Laura B. Carstens Planning Services Manager City of Dubuque, Iowa CITY ASSESSOR Dubuque, Iowa ,2015 The foregoing plat s entered of record in the office of the Dubuque City Assessor this �lC day of , 2015. ;gzv Q Rick Engelken Assessor of the City of Dubuque, Iowa COUNTY AUDITOR DUBUQUE, IOWA Lot to , 2015 The foregoing plat was entered of record in the Office of the DubuqueY Au'tl�tf�i�' �VA day of . 2015. ( ' b LQ We approve of the subdivision name or title to be recorded. {' Denise M. Dolor County Auditor'&, t rue, Iowa ,,^A Prepared by: Nate Kieffer.City of Dubuque.50 W.13"'Street,Dubuque,IA 52001 (563)589-4270 Return to: Nate Kieffer,City of Dubuque,50 W.13 Street,Dubuque,IA 52001 (563)589-4270 RESOLUTION NO. 208-15 RESOLUTION APPROVING PLAT OF PROPOSED VACATED ALLEY BETWEEN MAIN STREET AND SALINA STREET OF BLOCK 13 IN DUBUQUE HARBOR COM- PANY'S ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated June 5, 2015 prepared by WHKS & Co., describing the proposed vacated 20 foot wide alley between Main Street and Salina Street in Block 13 of Dubuque Har- bor Company's Addition, in the City of Dubuque, Iowa, to be known as Lot 6A and Lot 7A of Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, 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 June 5, 2015 prepared by WHKS & Co., 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. 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 151h-day of June, 2015. - oy D. Buol, Mayor Attest: Keviri _. FIrnstahl, M ity Clerk 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. 208-15 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 15th day of June, 2015. .a Kevin Firnstahl, WC, City Clerk o ^ s 4 / Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 241-15 RESOLUTION VACATING A PORTION OF AN ALLEY BETWEEN MAIN ST. AND SALINA ST. IN BLOCK 13 OF DUBUQUE HARBOR COMPANY'S ADDITION TO BE KNOWN AS LOT 6A IN BLOCK 13 IN DUBUQUE HARBOR COMPANY'S ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, Crescent Realty Corporation has requested the vacating of a portion of an alley between Main St. and Salina St. in Block 13 of Dubuque Harbor Company's Addition 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 June 5, 2015 prepared by WHKS & Co., describing the proposed vacated 20 foot wide alley between Main Street and Salina Street in Block 13 of Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa; and Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of genet Lcirculation 1 published in the City of Dubuque, Iowa on this 19th day of June, 2015, the City Council of the City of Dubuque, Iowa met on the 6th day of July, 2015, 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 the 20 foot wide alley between Main Street and Salina Street in Block 13 of Dubuque Harbor Company's Addition to be known as Lot 6A of Block 13 in Dubuque Harbor Company's Addition, 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 6A of Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa, Dubuque County, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 6th day of July, 2015. Attest: Kevin :. Firnstahl, MC, ity Clerk oy D. Buol, Mayor Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 Returned to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. 242-15 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 6A IN BLOCK 13 IN DUBUQUE HARBOR COMPANY'S ADDITION, IN THE CITY OF 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 this 19th day of June, 2015, the City Council of the City of Dubuque, Iowa met on the 6th day of July, 2015, 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 6A of Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa, Dubuque County, Iowa; and 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. 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 6A of Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa, Dubuque County, Iowa, to Crescent Realty Corporation be and the same is hereby approved for the sum of $5,200.00 plus $100.00 for platting, publication, and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Crescent Realty Corporation upon receipt of the purchase price in full. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 6th day of July, 2015. Attest: Kevi -S. Firnstahr, CMC, City Clerk Roy D. Buol, Mayor 11 11 II HhIH 11 1111 iu Doc ID 008281930005 Type: GEN Kind: DEED WITH RESOLUTION Recorded: 07/17/2015 at 04:03:48 PM Fee Amt: $32.00 Page 1 of 5 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder File2015-00009292 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: Crescent Realty Corporation 7750 Dunleith Drive East Dubuque, Illinois 61025 QUIT CLAIM DEED For the consideration of One Dollar and other valuable consideration, the City of Dubuque, Iowa does hereby Quit Claim to Crescent Realty Corporation, all its right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa: Lot 6A in Block 13 in Dubuque Harbor Company's Addition, 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: July 6, 2015 Attest: CITY OF DUBUQUE, IOWA Roy D. Bud', Mayor Kevin( Firnstahl, City CI-rk 5.00cio 61;1 / STATE OF IOWA, DUBUQUE COUNTY, ss: On this 6th day of July, 2015, 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. 242-1515 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. PAMELA J. McCARRON Commission Nu ber 772419 My Comm. Exp. 1— Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 Returned to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. 242-15 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 6A IN BLOCK 13 IN DUBUQUE HARBOR COMPANY'S ADDITION, IN THE CITY OF 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 this 19th day of June, 2015, the City Council of the City of Dubuque, Iowa met on the 6th day of July, 2015, 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 6A of Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa, Dubuque County, Iowa; and 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. 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 6A of Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa, Dubuque County, Iowa, to Crescent Realty Corporation be and the same is hereby approved for the sum of $5,200.00 plus $100.00 for platting, publication, and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Crescent Realty Corporation upon receipt of the purchase price in full. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 6th day of July, 2015. Attest: Adiet Kevi -S. Firnstah( CMC, City Clerk D. Li Roy D. Buol, Mayor STATE OF IOWA CERTIFICATE of the CITY CLERK ) 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. 242-15 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 7th day of July, 2015. 4 401r - Kevin :. Firnstahl, OMC, Oity Clerk 101111 010101111 11 11 Doc ID 008281920003 Type GEN Kind: RESOLUTION Recorded: 07/17/2015 at 04:02:50 PM Fee Amt: $17.00 Page 1 of 3 Dubuque County Iowa John Murphy Recorder File2015-00009291 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 241-15 RESOLUTION VACATING A PORTION OF AN ALLEY BETWEEN MAIN ST. AND SALINA ST. IN BLOCK 13 OF DUBUQUE HARBOR COMPANY'S ADDITION TO BE KNOWN AS LOT 6A IN BLOCK 13 IN DUBUQUE HARBOR COMPANY'S ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, Crescent Realty Corporation has requested the vacating of a portion of an alley between Main St. and Salina St. in Block 13 of Dubuque Harbor Company's Addition 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 June 5, 2015 prepared by WHKS & Co., describing the proposed vacated 20 foot wide alley between Main Street and Salina Street in Block 13 of Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa; 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 19th day of June, 2015, the City Council of the City of Dubuque, Iowa met on the 6th day of July, 2015, 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 the 20 foot wide alley between Main Street and Salina Street in Block 13 of Dubuque Harbor Company's Addition to be known as Lot 6A of Block 13 in Dubuque Harbor Company's Addition, 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 6A of Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa, Dubuque County, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 6th day of July, 2015. Attest: Kevin $. Firnstahl, MC, ity Clerk 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. 241-15 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 7th day of July, 2015. ,A,4101.el Ad? Kevin/'irnstahl, CMC, ity Clerk IllI II IA lllhl 111 111 IlllhI 111 lll Doc ID: 008287170002 Type: GWH Kind: GROUNDWATER HAZARD Recorded: 07/28/2015 at 10:25:59 AM Fee Amt: $0.00 Page 1 of 2 Dubuque County Iowa John Murphy Recorder File2015-00001255 Doc ID 008281940002 Type GWH Kind GROUNDWATER HAZARD Recorded: 07/17/2015 at 04:03:57 PM Fee Amt: $0.00 Page 1 of 2 Dubuque County Iowa John Murphy Recorder File2015-00001200 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR Being re—recorded to correct TRANSFEROR: Name City of Dubuque, Iowa legal description. Address 50 West 13th Street Dubuque Iowa 52001 Number and Street or RR TRANSFEREE: Name Crescent Realty Corporation City, Town or PO State Zip Address 7750 Dunleith Drive East Dubuque Illinois 60125 Number and Street or RR Address of Property Transferred: N.A. City, Town or PO State Zip Number and Street or RR Legal Description of Property: (Attach if necessary) Lot 6A in Dubuque Harbor Company's Addition, City of Dubuque, Iowa City, Town or PO State Zip in Block 13 1. Wells (check one) El There are no known wells situated on this property. O 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) 0 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) 0 There is no known hazardous waste on this property. O 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) El 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.) O 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. 2015-12.92_ FILEWITH RECORDER DNR Form 542-0960 July 18th 2012 cmz RettYzn Gt9 C..e: - 5. Private Burial Site (check one) 0 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. 0 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: Signature: I HEREBY DECLARE THAD AVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THA- rTH INFORMATIO STATED ABOVE IS TRUE AND CORRECT. (Transferor or Agent) Telephone No.: 563-589-4270 FILE WITH RECORDER DNR Form 542-0960 July 18th 2012 cmz STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION i I, Suzanne Pike, a Billing Cleric 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: June 19, 2015, and for which the charge is $73.08. i Subscribed to before;:Notary Notary Public in and for Dubuque County, Iowa, this day of , 20 —6 Fotary Public in and for D uque County, Iowa. Qh�qAl M RY K.%%ESTER EVER Commission Number 954865 �tle� My Comer, Exp, FEB, 1.2017 CITY OF DUBUQUE, DUBUQUE,IOWA COMPANY'S ADDI- IOWAWhereas, ;Crescent TION,IN THE CITY OF OFFICIAL NOTICE Realty Realty Corpora DUBUQUE,IO.WA.. tion has requested the` PUBLIC NOTICE Whereas, CW Wolff,LLC has requested the q hereby given that the vacating and disposal vacating and disposal City Council of the City of the alley between of the alley. between of Dubuque, Iowa, will Main Street and Salina Main Street and Salina:: hold'a public hearing Street in Block 13 of- Street>in BIOck 13 of on the 6th day of,J ly, Dubuque Harbor Com=: Dubuque Harbor Com 2015 at 6:30 p.m.in the pany's Addition;and pany's Addition;and Historic Federal Build- Whereas,WHKS&Co. ing, 350 West Sixth has prepared and' Whereas,WHKS&Co.- submitted to the City, has prepared and Street, second floor, submitted to the City Dubuque, Iowa, at Council a plat°showing which meeting the City' the;proposed vacated Council a plat showing Council proposes to 20 ,foot wide alley, the proposed vacated dispose of r an interest between Main and 20 foot- wide alley in the following Salina Street in Block between Main and Company's Salina Street in Block described real property Dubuque Harbor by said to Crescent pany's Addition,in 13 of Dubuque Harbor! Realty Corporation the City of Dubuque,` Company's Additionjn (Crescent Electric)and Iowa and assigned lot the City of Dubuque, CW Wolff'LLC(SELCO): numbers thereto, Iowa and assigned lot Lots 6A and 7A-of I which hereinafter shall numbers rthereto, Block 13 in.Dubuque ,be ;known and des- which hereinafter shall Harbor =Company's cribed as Lot`6A and be known and, des- Addition,-in the City.of L6t7A of Block 13 in i cribed as Lot 6A and Dubuque, '..Iowa,,`(A ` Dubuque Harbor Com Lot 7A of Block, 13 in portion of a 20-foot-I pany's Addition, in the Dubuque Harbor Com wide alley between City of Dubuque,Iowa. pany's Addition, in the Main Street and Salina NOW THEREFORE,BE City of Dubuque,i)owa. Street) IT RESOLVED:BY THE NOW'THEREFORE, BE At'the meeting, the CITY COUNCIL OF THE IT RESOLVED BY THE City Council will I CITY, OF DUBUQUE, CITY COUNCIL;OF THE receive oral and writ- IOWA: CITY !OF DUBUQUE, ten comments from Section 1. That the IOWA:' any resident or City of Dubuque Section 1. That the property owner of said intends to vacate and City,of Dubuque in City to 'Ithe above dispose of its interest` tends .,to ••vacate and antion. Written com- in Lot 6A of Block 13 in dispose of its interest ments regarding the Dubuque Harbor Com in Lot 7A of Block 13 in Quque Harbor'Com above public hearing pang's Du Atldition, in the r, Com- May be submitted,to City Dubuque,Iowa. pang s Addition, in the the City.Clerk's Office, Section 2. That the , City of Dubuque Iowa. City Hall, 50 W. 13th conveyance of Lot 6A ection 2. Tnat the; Street, on or before of Block 13 in Dubuque con,eyance of Lot 7A` said -time of. public Harbor Company's Ad- of 816ck 13 in Dubuque hearin � dition, in thee. City of Harbor„ an Compys Ad- +Copies of supporting Dubuque, Iowa to dition, in the City of documents for the Crescent Realty Cor Dubuque, Iowa-to CW, poration be contingent Wolff '.LLC be con public hearings are on file in the City Clerk's upon the payment of tingent, upon the Office, and may .be $5,200, plus $100 for payment in the amount viewed during normal publication and filing of $22,000, subject to working hours. fees. the conditions of an Any visual or hearing Section 3. That the, Offer ,To Buy Real impaired,persons need- City Clerk be and is Estate and Acceptance Ing special assistance hereby authorized and ' Agreement between` or.persons with special directed' to cause a the City and CW Wolff notice of intent to LLC plus $100 for accessibility needs should contact the City platting, publication,vacate and dispose of s.d filing fee Clerk's Office at (563) said real estate to be anSection e That the 589-4100 or TTY (563) published in the manner as prescribed City Clerk be and is hours 75,at least he bylaw. hereby-authorized and hours prior to the passed,a roved and directed to cause' a meeting. pp notice- of intent to Dated this'19th day of adopted"this 15th day vacate and dispose to June,2015. ofluIy,2o15. said real-estateos be l Kevin S.Firnstahl, -'Roy v Buon S. Mayor published in the man CMC,City Clerk Attest:Kevin S. ner as prescribed by RESOLUTION Firnstahl,City Clerk law. NO.210=15 RESOLUTION passed,approved and RESOLUTION OF NO.269-15 15th day INTENT TO015 VACATE RESOLUTION OF adopted of June;2thisthls AND •DISPOSE OF INTENT TO VACATE CITY INTEREST IN AND DISPOSE OF Roy D.Buol,Mayor THE ALLEY BETWEEN CITY INTEREST IN Attest:Kevin S. MAIN STREET AND THE ALLEY BETWEEN Firnstahl,City Clerk SALINA STREET 'OF MAIN STREET AND It 6/19, BLOCK 13-11N DUBU- SALINA. STREET 'OF QUE HARBOR COM- BLOCK 13 IN DUBU- PANY'S ADDITION, QUE; HARBOR COM TO BE KNOWN AS PANY'S ADDITION,- 101J.�6A OF'"BLOCK 13 TO BE KNOWN AS IN APQ;UE HARBOR LOT 7A OF BLOCK 13 COMPANY'S ADDI- IN DUBUQUE HARBOR it TION,IN THE CITY OF 60.00 1 $ 5,435.00 1 $ 5.00 1 $ 5,500.00 1 CITY OF DUBUQUE 73 City Clerk's Office Daily Deposit DATE: PREPARED BY: 07/15/2015 Pam McCarron DEPOSIT AMOUNT: Credit Card CHECKS CASH TOTAL MANUAL RECEIPT: 10017100 43233 Sidewalk Cafe Leases 10017100 53209 Sidewalk Cafe Deposit 10017300 53605 Miscellaneous Revenue 10017300 53610 Insurance Claims 10017300 53620 Reimbursements -General 10017400 53605 Miscellaneous Revenue 10017400 53620 Reimbursements -General 10017500 53620 Reimbursements -General 10055100 54105 10073100 42115 10073100 42250 10073100 51955 10073100 51981 10073100 51982 10073100 53404 10073100 53605 10073100 62230 10074700 51178 10017200 42330 10073100 42105 10073100 42105 10073100 42110 10073100 42130 10073100 51965 10073100 53208 10017300 42105 OTHER: Specify Accounting And Description Land Sales Beer/Liquor Beer License Other Rents/Concessions Copy Service Codification Admin. Penalty Miscellaneous Recording Fees Comb -License Charges Sales Revenue 5,200.00 5,200.00 - - - - - - - 100.00 100.00 Credit Card Convenience Charges - Animal Impoundment 3446 Fees 3447 60.00 60.00 120.00 Business Licenses - Driver/Owner Taxi Licenses - Cigarette Licenses - Bicycle Licenses 1194 1195-1209 - 75.00 5.00 80.00 Events Revenue - Special Event Deposit - Food Stand Deposit - 10070100 53620 Legislature & Policy- Sister City 60.00 1 5,435.00 1 5.00 1 5,500.00 F:\USERS\PMcCerron\Permit Clerk New FIIeslClerks Receipt Form 07/15/20154:40 PM 00006 CITY OF DUBUQUE OFFICE OF CITY CLERK CITY HALL' DUBUQUE IA 52001-7751 crescent electric supply company PO Box 500 East Dubuque, IL 61025 Distributors of Electrical Supplies and Apparatus Page Vendor Number 1 Number 7830 Issue Check Date 07/08/15 Number 394912 RECEIVED 151114AM l I: 32 City CleRis Of ice Dubuque, A Vendor Mailing Address CITY OF DUBUQUE OFFICE OF CITY CLERK CITY HALL DUBUQUE IA 52001-7751 20 05-22-15 SUBTOTAL GENERAL ALLEYRIGHTOFWAY OFFICE REMIT TANCE ADV ICE TOTALS 5300.00 5300.00 5300.00 5300.00 5300.00 5300.00 crescent`. electric supply company DOCUMENT PRINTED ON CHEMICAL REACTIVE, TRUE WATERMARK PAPER WITH TONER ADHESION, BLEED THROUGH NUMBERING, METALLIC CRESCENT LOGO AND SECURE DOCUMENT BACKER. 7830 P.O. BOX 500 EAST DUBUQUE, IL 61025-4420 FNE COMMA "THREE ZERO" ZFAO. RERIM ZERO ZEROTo the: **********r************************** Order of CITY OF DUBUQUE******************************************* OFFICE OF CITY CLERK CITY HALL DUBUQUE IA 52001-7751 4108 (Rev. 12/12) 45-53 DUBUQUE BANK & TRUST CO DUBUQUE, IA 52001 739 NUMBER 394912 DAT] AMOUNT: 07/08/15 >> 300.00 Masterpiece on the Mississippi Crescent Realty Corporation 7750 Dunleith Drive East Dubuque, IL 61025 Dubuque bital M-AmericaCity 11111 2007 • 2012 •2013 Re: Quit Claim Deed (S. Main St. and Salina St. Alley) City Clerk's Office City Hall 50 W. 13th Street Dubuque, IA 52001-4864 (563) 589-4120 office (563) 589-0890 fax ctyclerk@cityofdubuque.org www.cityofdubuque.org August 5, 2015 Enclosed is the original recorded Quit Claim Deed for the alley vacate for the following described real estate in the City of Dubuque, Iowa: Lot 6A in Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa I am also enclosing copies of Resolution No. 241-15 Approving the Vacating and the Ground Water Hazard Statement that were recorded with the Quit Claim Deed as supporting documentation. Please contact me if you have any questions. Thank you. Kevin S. Firnstahl, City Clerk Enclosure cc: Nate Kieffer, Land Surveyor, City of Dubuque File