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Napier St Sale of LotsMEMORANDUM June 10, 2002 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Sale of City Lots on Napier Street In response to a request from Robert J. Cartmill and Glenn E. and Georgia Bankson, Public Works Director Mike Koch is recommending the sale of Lots 138 and 139 of Mechanic's Addition on the north side of Napier Street. He further recommends a public hearing be set for the disposition of the City's interest in the subject area on July 1, 2002 and further recommends that the purchase price be established at $300 plus publication and filing fees. The City has no plans for the utilization of the lots except for reserving the utility easements as noted. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Mike Koch, Public Works Director TO: FROM: SUBJECT: CITY OF DUBUQUE, IOWA MEMORANDUM June 10, 2002 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Sale of City Lots on Napier Street INTRODUCTION This is in response to a request from Robert J. Cartmill and Glenn E. and Georgia Bankson for the purchase of Lots 138 and 139 of Mechanic's Addition on the north side of Napier Street. DISCUSSION The attached easement plat shows the proposed areas to be disposed of. The abutting properties are owned by Robert J. Cartmill and Glenn E. and Georgia Bankson. The lots to be sold have sanitary sewer and storm sewer piping running through the lots that serves the area from Kaufmann Avenue. Perpetual easement dghts will be reserved on each lot in accordance with an easement plat prepared by the city. Mr. Cartmill plans to build an attached garage on a portion of Lot 138. The Banksons have maintained Lot 139 as a yard for many years and plan to continue that practice after purchase. Because of the steep terrain and encumbrance of easements for sanitary and storm sewers, each lot was valued at $300. RECOMMENDATION The City has no plans for the utilization of Lots 138 and 139 of Mechanic's Addition to be disposed of, except for reserving the utility easements as noted. I would recommend that Lots 138 and 139 of Mechanic's Addition be disposed of, and that a public hearing be set for the disposition of the City's interest in the subject area on July 1, 2002. I would further recommend that the purchase price be established at $300.00, plus publication and filing fees. -ACTION TO BE TAKEN The recommendation of the City Manager should be approved and a public hearing should be scheduled on the disposal of the property through adoption of the enclosed resolutions. MAK/vjd Prepared by Ronald J. Turner, P.L.S. 52.56 52.56 52.56 PROPERTIES TO BE SOLD 50 50 50 50 50 NAPIER ST SITE LOCATION MAP NOT TO SCALE VICINITY MAP ~""'"'"~ LOT LOCATION NORTH PURPOSE: DISPOSAL OF LOTS 138 & 139 Prepared by: Ronald J. Tumer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 . RESOLUTION NO. 326-02 RESOLUTION APPROVING A PLAT OF EASEMENT'FOR STORM AND SANITARY SEWERS ACROSS LOT 138 AND LOT 139 OF MECHANIC'S ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated June 3, 2002 prepared by the City of Dubuque, describing a Plat of Easement for Storm and Sanitary Sewers across Lot 138 and Lot 139 of Mechanic's Addition 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 June 3, 2002 prepared by the City of Dubuque 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. 2002. Passed, approved and adopted this 17th day of June Terrance M. Duggan, 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 RESOLUTION NO. RESOLUTION DISPOSING OF CITY INTEREST IN LOTS 138 AND 139 OF MECHANIC'S ADDITION, DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general cimulation published in the City of Dubuque, Iowa on this __ day of ., 2002, the City Council of the City of Dubuque, Iowa met on the day of ,2002, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lots 138 and 139 of Mechanic's Addition 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 138 of Mechanic's Addition in the City of Dubuque, Iowa to Robert J. Cartmill be and the same is hereby approved for the sum of $300.00, plus cost of publication and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. That the sale of City of Dubuque real property described as Lot 139 of Mechanic's Addition in the City of Dubuque, Iowa to Glenn E. and Georgia Bankson be and the same is hereby approved for the sum of $300.00, plus cost of publication and filing fees. Conveyance shall be by Quit Claim Deed. Section 3. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining storm and sanitary sewer as may be authorized by the City of Dubuque, Iowa. Section 4. 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 Robert J. Cartmill and Glenn E. and Georgia Bankson upon receipt of the purchase pdce in full. Section 5. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 2002. day of Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 327-02 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOTS 138 AND 139 OF MECHANIC'S ADDITION, DUBUQUE, IOWA Whereas, Robert J. Cartmill and Glenn E. and Georgia Bankson have requested the pumhase of Lots 138 and 139 of Mechanic's Addition; and Whereas, the City of Dubuque has relocated and reconstructed sanitary and storm sewers on said lots; and Whereas, the City Council of the City of Dubuque, Iowa has determined that Lots 138 and 139 of Mechanic's Addition are no longer required for public use, except for sanitary and storm sewer easements as noted, and sale of said lots known as Lots 138 and 139 of Mechanic's Addition in the City of Dubuque, Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lots 138 and 139 of Mechanic's Addition in the City of Dubuque, Iowa. Section 2. That the conveyance 'of Lot 138 of Mechanic's Addition in the City of Dubuque, Iowa to Robert J. Cartmill be contingent upon the payment of $300.00, plus publication and filing fees. Section 3. That the conveyance of Lot 139 of Mechanic's Addition in the City of Dubuque, Iowa to Glenn E. and Georgia Bankson be contingent upon the payment of $300.00, plus publication and filing fees. Section 4. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining storm sewer and sanitary sewer as may be authorized by the City of Dubuque, Iowa. Section 5. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 17th day of June, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk