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Disposal of Property West of Shiras Avenue Dubuque THE CITY OF ~T T~ ~ AlaAna;dcaCitY v ~ ~ -0` Masterpiece on the Mississippi .~ 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Disposal of City Property West of Shiras Avenue DATE: June 10, 2008 In response to a request from Kevin and Paula Wade to purchase a portion of City property west of their home at 2290 Shiras Avenue, City Engineer Gus Psihoyos states that the City has no plans for the utilization of the property to be disposed of. City Engineer Gus Psihoyos recommends approval of the disposal of the property for a price of $300, plus surveying, platting, recording, publication and filing fees I concur with the recommendation and respectfully request Mayor and City Council approval. ~C~-v ,i Mi ael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF Dubuque ~T T~ ~ All-AmericaCitD ~.J ~ i Masterpiece on the Mississippi 1 ~~ 2007 TO: Michael C. Van Milligen, City Man g FROM: Gus Psihoyos, City Engineer SUBJECT: Disposal of City Property West of Shiras Avenue DATE: June 9, 2008 INTRODUCTION This is in response to a request from Kevin and Paula Wade to purchase a portion of City property west of their home at 2290 Shiras Avenue. DISCUSSION The area to be disposed of is divided into two lots numbered Lot 1 and Lot 2 of Park View No. 2. Lot 2 is a 40- by 50-foot lot to be disposed of to the Wades. Lot 1 is 6.8 acres owned by the City and is used as a green space between Sunnycrest Manor and the lots fronting on Shiras Avenue. The attached plat shows the proposed Lot 2 of Park View No. 2 to be disposed of. Leisure Services Director Gil Spence has indicated there is no need for the property being disposed of. The property has been valued at the minimum fee of $300 for residential purchases to cover the costs of processing the disposal, plus surveying, platting, recording, publication, and filing fees. RECOMMENDATION The City has no plans for the utilization of Lot 2 of Park View No. 2 to be disposed of. I would recommend that the area indicated as Lot 2 of Park View No. 2 on the attached plat be disposed of, and that a public hearing be held for the disposition of the City's interest in the subject area. I would further recommend that the purchase price be established at $300, plus surveying, platting, recording, publication, and filing fees. ACTION TO BE TAKEN The attached plat and resolution should be submitted to the City Council for consideration and approval along with the resolution disposing of the property for the purchase price of $300, plus surveying, platting, recording, publication, and filing fees. Prepared by Ronald J. Turner, PLS Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. RESOLUTION APPROVING PLAT OF PARK VIEW NO. 2 Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 2"d day of May, 2008, prepared by Buesing & Associates, Inc. describing the city lands to be known as Park View No. 2 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 the 2"d day of May, 2008, prepared by Buesing & Associates, Inc. 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 day of 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. 202-08 RESOLUTION DISPOSING OF CITY INTEREST IN .LOT 2 OF PARK VIEW NO. 2 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 6th day of June , 2008, the City Council of the City of Dubuque, Iowa met on the 16th day of June_ 2008, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6t" Street, Dubuque; Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 2 of Park View No. 2 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 2 of Park View No. 2 in the City of Dubuque, Dubuque County, Iowa, to Kevin R. and Paula M. Wade be and the same is hereby approved for the sum of $300.00, plus the cost of surveying, platting, recording, 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 Kevin R. and Paula M. Wade 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 16th day of June, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA (563) 589-4270 Address Tax Statement: Kevin R. & Paula M. Wade, 2290 Shiras Avenue, Dubuque, IA 52001 (563) 583-0115 QUIT CLAIM DEED The City of Dubuque, Iowa, a municipal corporation of Dubuque County, Iowa, for Three Hundred and 00/100 Dollars ($300.00), does hereby Quit Claim unto: Kevin R. & Paula M. Wade 2290 Shiras Avenue Dubuque,lA 52001 all its rights, title, and interest in the following described real estate situated in Dubuque County, Iowa, to wit: Lot 2 of Park View No. 2 in the City of Dubuque, Dubuque County, Iowa No declaration of value is required according to Iowa Code Section 428A.1. Grantees shall defend, indemnify and hold harmless Grantor, its officers, agents and employees from and against any and all claims of any kind arising out of or in any way related to storm water runoff from Grantor's property legally described as Lot 1 of Park View No. 2 in the City of Dubuque, Iowa, onto the real estate conveyed to Grantees herein. This covenant shall survive the closing of the purchase of the real estate by Grantees. This deed is given pursuant to the authority of Resolution No. 202-08 of the City of dubuqe, adopted June 16 , 2008, the terms and conditions thereof, if any, having been fulfilled. Signed this 16th day of June, 2008. CITY OF DUBUQUE, IA Roy D. Buol Mayor Attest: By Jeanne F. Schneider, CMC, City Clerk On this 16th day of , 2008, before me, the undersigned, a Notary Public in and for the State of Iowa, rsonally appeared Roy D. Buol and Jeanne F. Schneider, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a municipal corporation; that the sea! affixed to the foregoing instrument is the corporate seal of said corporation, by the authority of its City Council, as contained in Ordinance No. 2-5 of the City of Dubuque Code of Ordinances, passed byy esolution of the ity Council under Resolution NoG~aO~of the City Council on the %Cd day of ~,~a/y~C/ , 2008; and Roy D. Buol and Jeanne F. Schneider acknowledged the execution f e instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, y it voluntarily executed. ,l /~ ~~~~~~~ Notary Public In an`8 For Said State STATE OF IOWA ) ss DUBUQUE COUNTY ) 4}a ~, KEVIN S. FIRNSTAHL _ ~ COMMISSION N0.745295 ? ~ ~ ~ MY COMMISSION EXPIRES ~ow* 2/12/10 +. THE CITY ©F DLTB E Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Disposal of City Property West of Shiras Avenue DATE: May 23, 2008 Dubuque M-AmericaGity ~~~.® 2007 City Engineer Gus Psihoyos is recommending that a public hearing be set for June 16, 2008, for disposition of the City's interest in one lot adjacent to 2290 Shiras Avenue. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF Dubuque UB E All-AmericaCiiy Masterpiece on tl~e Mississippi w 2007 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer , SUBJECT: Disposal of City Property West of Shiras Avenue DATE: May 22, 2008 INTRODUCTION This is in response to a request from Kevin and Paula Wade to purchase a portion of City property west of their home at 2290 Shiras Avenue. DISCUSSION The area to be disposed of is divided into two lots numbered Lot 1 and Lot 2 of Park View No. 2. Lot 2 is a 40- by 50-foot lot to be disposed of to the Wades. Lot 1 is 6.8 acres owned by the City and is used as a green space between Sunnycrest Manor and the lots fronting on Shiras Avenue. The attached plat shows the proposed Lot 2 of Park View No. 2 to be disposed of. Leisure Services Director Gil Spence has indicated there is no need for the property being disposed of. The property has been valued at the minimum fee of $300 for residential purchases to cover the costs of processing the disposal, plus surveying, platting, recording and publication fees. RECOMMENDATION The City has no plans for the utilization of Lot 2 of Park View No. 2 to be disposed of. I would recommend that the area indicated by Lot 2 of Park View No. 2 on the attached plat be disposed of, and that a public hearing be set for the disposition of the City's interest in the subject area on June 16, 2008. I would further recommend that the purchase price be established at $300, plus surveying, platting, recording, publication, and filing fees. PARK VIEW N0.2 SALE OF CITY PROPERTY NORTH VICINITY MAP =~~ -- GRAPHIC SCALE 200 goo o ~o0 200 DRAWING MAY HAVE BEEN REDUCED 1 INCH = 200 FEET C~ ~ Ni G ,LeZ90 3 ` .~+ O ~ ~ ~ G D G 1 ~ 1 ~ LOT 2 j AREA TO BE DISPOSED 9 ~ ~ S -\ ~G ~~ \~ ~., PREPARED BY: BUESING & ASSOCIATES, 1212 LOCUST ST, DUBUQUE, IA 52001, PH: 563-556-4389 ii Plat of Survey of: PARK VIEW N0. 2, in the City of Dubuque, Iowa Comprised of: Lot 1-18 of Park Vew in the City of Dubuque, Iowa NOTE THIS SURVEY IS LOCATED IN THE SW1/4 & THE SE1/4 OF SECTION 7, T89N, R3E (JUUEN TWP) X IN THE NW7/4 OF SECTION 16, T89N, R3E (JUUEN TWP) OF THE 5TH P.M., IN THE pTY OF DUBUGUE, DUBUQUE COUNTY, IOWA LOT 1 0 75' 150' 300' SCALE: 1" = 150' UNE BEARING DISTANCE RECORDED l-1 S 47'05'54 W 48.68' L-2 N 42'54'17' W 20.17' 20.00') L-3 N 3527'14' E L-4 N 7135'19' E L-s s l6roTO2" E l-6 N 71'42'33• E L-7 N 18'07'02" W DETAIL NO -SCALE ~ '' DETAILS NO -SCALE ? J~ ry LEGEND I Ct PLACED 5/8"IRON RER00 W/ORANGE PLASTIC CAP MARKED "KOELKER TS487" ~ FOUND 1• IRON PIPE OR AS NOTED ~ FOUND 1.5" IRON PIPE B FOUND 5/8' ROD WJYELLOW CAP /4016 (UNLESS OTHERWISEO MARKED) SURVEYED PROPERTY LINE RECORD PROPERTY UNE RIGHT OF WAY UNE ( ) RECORDED DIMENSION ROW RIGHT OF WAY NOTES 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2. PROPRIETOR LOT 1-18: CITY OF DUBUQUE 3. SURVEYED REQUESTED 8Y:' KEVIN WADE 4. TOTAL AREA SURVEYED IS 6.85 ACRES 5. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD ANO NOT OF RECORD 30.59" (37.00') g4W119UDW LAND ~' PREPARED AND THE RELATED SURVEY WDRN WAS PERFORMED BY YE OR UNDER YY DIRECT PERSONAL SUPERVISION AND iHAT 1 AM A DULY 40.00' p$~~••••••'•y`r(~, LICENSED LAND SURVEYgt UNDER THE UWS OF 1NE STATE DF IOW0. 49.64' (SO.DO' . ~ W=' IERRY L 'S' 40.00' . ~~: KOEU@R :a~ ~.~-L .~.Llti sa ~' 49.73' 50.00' ~ : E 75187 TENRY L KO ER DATE -.l •_ .•1r~ LICENSE NUMBER 15167 .... ..-..-- -_.-..... ....' ......,..,~e•e •. ..nee 6NWN6'6R.4 AND 3URY8YORS tzlz Locust s, Du6u0uE, w (S63) SS6-4789 DRAWN BY: JJL CHECKED BY: ILK SURVEY DATE: 4/3/08 PLOT DATE 5/01/06 nwr: un nen'tT-rn SCALE 1• v 150' ~F~'EIVF1~ Q8 t~AY I Z Ph 2~ 3~ City Cie.~.'s Jffice DU~~~~l~:e. I~ Honorable Mayor and City Council 50 West 13t" Street Dubuque, IA 52001-4845 RE: Waeate City Property Dear Mayor and Council Members: May 12, 2008 This letter is written to inquire about the possibility of purchasing a portion of the city land abutting our property at 2290 Shiras Avenue. We wish to purchase 40' of city land adjoining our lot on the west side, at the width of our lot. We plan to use the vacated property to build a garage on to keep our cars, recreational vehicles, and personal property under cover. I, Paula, grew next door at 2260 Shiras. This neighborhood is a very special place. We work hard to maintain the character of the area. The extra land will allow us to locate the garage farther to the rear of our property in order to maintain the park-like view across the back of our and our neighbor's yards. Our neighbors enjoy the view of the birds at our feeders and the deer and turkeys passing through during the winter. 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 me at 563.583.0115 if you have any questions. Thanks you for your consideration of this request. Sincerely, /~ -~. ~----~ Kevin and Paula Wade 2290 Shiras Ave Dubuque, IA 52001