Naper St to Cartmill & BanksonMEMORANDUM
June 22, 2002
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 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 that the
purchase price be established at $300 for each lot, 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.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
June 24, 2002
TO: Michael C. Van Milligen, City Manager
FROM: Michael A. Koch, Public Works Director
SUBJECT: Sale of City Lots on Napier Street
A public hearing was set by the City Council for July 1,2002, to approve the sale
and the disposal of two City lots on Napier Street.
Robert J. Cartmill and Glenn E. and Georgia Bankson are requesting the
purchase of Lots 138 and 139 of Mechanic's Addition on the north side of Napier
Street. Perpetual easement rights will be reserved on each lot in accordance
with an easement plat prepared by the City,
Therefore, it is recommended that Lots 138 and 139 of Mechanic's Addition be
disposed of, and that the purchase price be established at $300 for each lot, plus
publication and filing fees.
MAK/vjd
MEMORANDUM
June 10. 2002
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 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
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Mike Koch Public Works Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
June 10, 2002
TO: Michael C. Van Milligen, City Manager
FROM: Michael A. Koch, Public Works Director
SUBJECT: 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 rights
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 5.54
PROPERTIES
TO BE
50
t 50 50 50 50
NAPIER ST
SITE LOCATION MAP
NOT TO SCALE
Go.5 ~
/
/// ~
/
LOT
LOCATION
NORTH
PURPOSE:
DISPOSAL OF LOTS
138 & 139
VICINITY MAP
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO.
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.
Passed, approved and adopted this
2002.
day of
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
PLAT OF EASEMENT FOR STORM AND SANITARY SEWERS
ACROSS LOT 138 AND LOT 139 OF MECHANICS ADDITION
IN THE CITY OF DUBUQUE, IOWA
NORTH '
Scale In Feet
0 25' 50'
Bas~ of
141
Napier Street
(60' R.O.W.)
LEGEND
CITY OF DUBUQUE
Prepared by: Ronald J. Turner, City~_f.D_ub_~gue, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO. 338-02
RESOLUTION DISPOSING OF CITY INTEREST IN LOTS i38 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 n..e~wspaper of g~neral circulation
published in the City of Dubuque, Iowa on this~.~/;~' day of~ ,2002,
the~ Ci,ty Council of the City of Dubuque, Iow~--~-et on ~ /"4~t~' day of
/~"~, ,2002, at 6:30 p.m. in the Public Library Auditorium, 360 West 11
~./~treet;/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 dght 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 price in full.
Section 5. That the~ity~ed(-beandqs-hereb¥-aathodzed and~hected
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 1st day of July,
2002.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
Prepared by: Ronaid J. Tumer, 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 circulation
published in the City of Dubuque, Iowa o~ this day of _, 2002,
the City Council of the City of Dubuque, Iowa met on the day of
,2002, at 6:30 p.m. n 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, E~E IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Sectio~ 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 anc~ 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 day of
2002.
Attest:
Terrance M. Duggan, Mayor
Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO.
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, repainng, 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
day of ,2002.
Attest:
Terrance M. Duggan, Mayor
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 circulation
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 Robed J. Car[mill
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 price 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:
Termnce M. Duggan, Mayor
Jeanne F. Schneider, CMC, City Clerk
MEMORANDUM
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 rights
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. 1 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
50
50 50 __ 50 50
NAPIER ST
100.5
SITE LOCATION MAP
NOT TO SCALE
VICINITY MAP
(~"'"'--- LOT
LOCATION
NORTH
PURPOSE:
DISPOSAL OF LOTS
138 & 139
State of Iowa )
) SS:
County of Dubuque )
On this 17th day of ~]une ,2002, 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, 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,~ ~ .... vv,,._,.*~-~'~,..,~ i~, ~.,'"-'~,~,,,,=,,,.~ No.
nf fhR City nf 13 ,h, ,~ ,~ r'.~,~ .~¢ r~.,~.~ passed by Resolution of the City
Council under Resolution No.325-02 of the City Council on the 37th day of
,June , 2002; 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 volunta, rily executed.
I~.-~,, I K~e~.CHEST~" i ~ ~,/~ .,_ "'3//, /// · ~ ,
I I",': Notary Public In and For the State of Iowa
CITY ASSESSOR
Dubuque, Iowa ,2002
The foregoing 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, was entered
of record in the office of the Dubuque City Assessor this day of
,2002.
Rick Engeiken
City Assessor
Dubuque County, IOwa
COUNTY AUDITOR
Dubuque, Iowa
,2002
The foregoing 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, was entered
of record in the office of the Dubuque County Auditor this day of
,2002.
Denise M. Dolan
County Auditor
Dubuque County, Iowa
Page 3 of 3
SURVEYOR'S CERTIFICATE
I, Ronald J. Turner, hereby certify that I am a ~duly Licensed Land Surveyor in the State
of Iowa, and that the following tract of real estate was surveyed and platted by me or
under my direct supervision, to wit:
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
In witness whereof, I have hereunto signed and affixed my seal this
._"~',~ g' ,2002.
day of
CITY OF DUBUQUE
Iowa License No. 9651
My License Renewal Date is December 31,2002
Pages covered by this seal: Surveyor's Certificate Only
OWNER'S CONSENT
The foregoing 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 is made with
free consent and in accordance with the desire of the undersigned owners and
proprietors of said real estate.By: e-'''~'''' ~1'~r~/nce M~
T f DubuqU~
~l~anne F. Schneider, CMC, City Clerk
Page 2 of 3
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, iowa (319) 589-4270
Address Tax Statement: Rober~ J. Car~mill, 505 Napier Street, Dubuque, IA 52001
QUIT CLAIM DEED
The City of Dubuque, Iowa, a municipal corporation of Dubuque County, Iowa, for Three
Hundred Dollars (~300.00), does hereby Quit Claim unto:
Robert J. Cartmill
505 Napier Street
Dubuque, IA 52001
all its rights, title, and interest in the following described real estate situated in Dubuque
County, Iowa, to-wit:
Lot 138 Mechanic's Addition 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, reconstructing, repairing,
owning, operating, and maintaining water, sewer, drainage, gas, telephone, television cable,
fiber optics, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown
on the plat of said Lot 138.
No declaration of value is required according to Iowa Code Section 428A.1.
Deeds with a consideration of 8500.00 or less are exempt from transfer tax, Iowa Code
Sec. 428A.1.
This deed is given pursuant to the authority of Resolution No. of the City of
Dubuque, adopted , 2002, the terms and conditions thereof, if any, having
been fulfilled.
Signed this day of ,2002.
CITY OF DUBUQUE, IOWA
By:
Terrance M. Duggan, Mayor
Attest:
By:
Jeanne F. Schneider, City Clerk
STATE OF IOWA
DUBUQUE COUNTY
)
) ss
)
On this __. day of ,2002, 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 I~y 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 , 2002; 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.
TRA~NSFEROR Name
Address
TR.4~NSFEREE Name
REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT
Please read the filing instructions on the reverse side BEFORE completing this form.
PART I - TO BE COMPLETED BY TRANSFEROR
(Please Type or Print Legibly)
City of Dubuque
50 W. 13th ~reet Dubuque IA 52001-4864
Robert J. Car~cmill
Address 505 Napier Street
Dubuque IA 52001
Address of Property Trausfe~ed
Legal Description of Property
Lot 138 Mechanic's Addition in the City of Dubuque, Dubuque County, Iowa
1. Wells (check one) ~t There are no known wells situated on this property.
[2. There 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) ~( There is no known solid waste disposal site on this property.
[2 There is a solid waste disposal site on this property, but no notice has been received from the Deparm~ent of Natural Resources that the
site is deemed to be potentially hazardous ....
C3 There is a solid waste disposal site on this proper~ which has been deemed to be potentially hazardous by the Department of Natural
Resources. The location(s) of the site(s) is stated below.
3. Hazardous Wastes (check one) ~ There is no known hazardous waste on this property.
[2 There is hazardous waste on th/s property and it is being managed in accordance with Depurlznent of Natural Resources roles.
4. Underground Storage Tan'ks (check one)
8 There are no known underground storage tarLks on this properiy. (Note exclusions such as small farm and resident/al motor fuel ranks,
most heating oil tanks, cisterns and septic raffles, in instructions.)
0 There is an underground storage tank or tanks on this property. The type(s), size(s) and any known substance(s) contained are describe~
below.
5. Private Burial Site (cheek one) ~ There are no known private burial sites on this property.
[2 There is a private 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:
Attachment for Additional Information? y/Q If so, number of pages
I
HEREBY
DECLA_RE
THAT
THE ~)NFOI:h'VlATION CONTAINED IN P:~RT t OF THIS STATEMENT IS TRUE AND CORRECT
·
Signature: r~ ~/~7~--- Telephone Number: __(563) 589-4270
........ ~'~ Michael A. Koch
PART II - TO BE COMPLETED BY RECORDER
Date of Insamment Book/I.D. Page/I.D.
Date of Recording City or Township
Deed [] Contract ~ County.
D~'R form (July 99) FILE WITH RECORDER
(See Instruction #6)
INSTRUCTIONS FOR COMPLETING GROUNDWATER HAZARD STATEbfENT
The transferor of real property is required to complete Part I of this
form. The purpose of the statement is to satisfy legal requirements
for filing instruments of conveyance of real property with the
county recorder (Iowa Code Section 558.69). The Departraent of
Natural Resources does not approve or disapprove of property
transfers based on these statements. The statement must be signed
by one of the persons transferring the property interest or that
person's agent. An agent signing this form represents the
information from transferor to be correct.
For the most part the information requested is clear (name,
address, etc.). One statement under each of the numbered items
(1, 2, 3, 4 and 5) must be checked, and if one or more of the
statements checked requires the transferor to provide additional
information, that information is to be provided in part I. Relate the
additional information to the specific category of facility (well,
etc.) by numbering it with the .¢_orresponding number (1, 2, 3, 4,
5). If additional space is needed, type or print it legibly on a
separate sheet or sheets, complete the statements at the end of Part
I and attach the additional information to all copies of .the form.
'~¥~_en describing the location of a facility on the property, be
reasonably precise, such as a specific distance and general
direction from a landmark or comer of the property. A
professional survey is not necessary. The following deEmitions are
for use in completing the form.
1. Wells - A "well" is any excavation that is drilled, cored, bored,
au'gered,' washed, driven, dug, jetted or otherwise constructed for
accessing groundwater or for diverting surface water into the
ground, including abandoned wells. "Well" does not include an
open ditch or drainage tiles which discharge to the surface.
If a well is an "abandoned well" or an "agricultural drainage well,"
this must be identified and the status of the well with respect to
Iowa Code sections 455B. 190 and i59.29, respectively, must be
stated. An "abandoned well" is a well no longer in use or in such
state of disrepair that continued use is unsafe or impracticable.
Abandoned wells are to be properly plugged in accordance with
chapter 39 of the roles of the Department of Natural Resources.
(567 Iowa Adn~qistrative Code, Chapter 39)
3. Hazardous Wastes - "Hazardous waste" is def'me/,l in Iowa
Code section 455B.411, 567--I41.2 (455B), I.A.C., and federal
regulations referenced therein. It is generally defined as waste
that poses a t~eat to human health or the environment. It
includes wastes which are ignitable, corrosive, toxic, explosive,
violently reactive, or specifically listed as hazardous in the Code
of Federal Regulations (40 CFR 261). EXCLUDED are
household wastes, agricultural wastes retrained to the soil as
fertilizers or soil conditioners, agricultural chemicals applied or
disposed of by a farmer in accordance with the manufacturer's
instructions, triple-rinsed agricultural chemical containers
disposed of by farmers (where the rinsate is used as makeup
water in the tankmix and applied at appropriate rates), and other
specific materials. Persons are legally required to be aware of
hazardous waste laws.
4. Underground Storage Tan '1~ - "Underground storage tank"
means one or a combination of tanks, including underground
piping connected to the tanks, used to contain an accumulation of
regulated substances, and the volume of which is I0 percent or
more beneath the surface of the ground. "Kewalated substances"
include petroleum products and hazardous or toxic materials
identified in 567--135.2(455B), I.A.C. Underground storage
tar~k does not include:
a. Farm or residential tanks of 1,100 gallons or less capacity
used for storing motor fuel for noncommercial purposes. But
See 455B.473(4)) ·
b. Tanks used for storing heating oil for consumptive tree on the
premises where stored.
c. Residential s~pt/c tanks.
d. Pipeline facilities regulated by state or federal law.
e. A surface impoundmmat, pit pond, or lagoon.
f. A storm water or wastewater collection system.
g. A flow-through process tank.
h. 'A liquid trap or associated gathering lines directly related to
oil or gas production and gathering operations.
i. A tank in an underground area such as a basement or mine, if
the tan/< is on or above the surface of the floor.
j. Pipes connected to the above exclusions.
An "agricultural drainage ,.veil" is a well cons~racted for the
purpose of draining, or which drains, water from agricultural land
to an aquifer (underground), excluding drainage tile intakes which
outlet to the surface. Agricultural drainage wells are requked to
be registered wih5 the deparmaent by September 30, 1988, and the
ovraer of the well and of the land drained by the well are to
develop a plan proposing alternatives to the use of the well by
July 1, 1998 (See Iowa Code Section 159.29.)
2. Solid Waste - "Solid waste" means garbage, re,use, rubbish
and other similar discarded solid or semisolid material. It does not
include dirt, stone, brick, or similar inorganic material used for fill,
as long as no other solid waste is included. See 567--100.2(455B),
Iowa Administrative Code (hA.C.) for further definitions. A
"disposal site'; is any area on the property on, in, or under which
solid waste has been disposed, whether or not the disposal is or
was regulated by the deparcrnent.
If the transferor or agent has not received notice from the
Department of Natural Resources that the disposal site has been
deemed to be potentially hazardous, there is no duty to inquire to
the department.
"Tank type" means the material of construct/on (steel, fiberglass
reinforced plastic [Ft~], or other [specify]), and any internal or
external protection such as a protective coating or wrapping, or
cathodic protection.
Identify the capacity in gallons and the substmace stored in each
tank.
5. Private Burial Sites - "Private Burial Site" means one or
more graves containing human remains. For each site the
transferor shall state the location of the site. For each decedent
buried on the properly the transferor shall state all known
identifying information of that decedent includhng name, date of
death, and date of bLrth.
6. Filing - Tixe original of this form must be presented to the
county recorder when the document to be recorded is filed. The
Recorder shall forward the original to the transferee when the
recorded instrument is returned. The recorder is not required to
keep any copies. --
*Note The land application of s!udges or soils resulting from the
remediation of uaderground storage tank releases accomplished in
compliance with Department of Natural Resources roles without a
pemfit is not required to be reported as the disposal of solid waste
or hazardous waste. (See iowa Code Section 558.69)
DNR form (July 99)
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (319) 589-4270
Address Tax Statement: Glenn E. & Georgia Bankson, 517 Napier Street, Dubuque, IA 92001
QUIT CLAIM DEED
The City of Dubuque, Iowa, a municipal corporation of Dubuque County, Iowa, for Three
Hundred Dollars ($300.00), does hereby Quit Claim unto:
Glenn E. & Georgia Bankson
517 Napier Street
Dubuque, IA 52001
all its rights, title, and interest in the following described real estate situated in Dubuque
County, Iowa, to-wit:
Lot 139 Mechanic's Addition 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, reconstructing, repairing,
owning, operating, and maintaining water, sewer, drainage, gas, telephone, television cable,
fiber optics, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown
on the plat of said Lot 139.
No declaration of value is required according to Iowa Code Section 428A.1.
Deeds with a consideration of 9500.00 or less are exempt from transfer tax. Iowa Code
Sec. 428A.1.
This deed is given pursuant to the authority of Resolution No. of the City of
Dubuque, adopted , 2002, the terms and conditions thereof, if any, having
been fulfilled.
Signed this day of ,2002.
CITY OF DUBUQUE, IOWA
By:
Terrance M~ Duggan, Mayor
Attest:
By:
Jeanne F. Schneider, City Clerk
STATE OF iOWA
DUBUQUE COUNTY
)
) ss
)
On this day of , 2002, 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 , 2002; 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 - GROUNDWATEK HAZARD STATEMENT
PART I - TO BE COMPLETED BY TRANSFEROR
(Please Type or Print Legibly)
TRANSFEROR Name Ci~,v 5f Dubuque
Address 50 W. l~h S'~Feg:eg
TR~4zNSFEKEE N~e 61enn E. & ~rg~a ~nkson
Dubuque IA
Address 517 Napier Street
Dubuque
Tow~ or P.O.
IA 52001
Address of Property Trausfe~ed
Legal Description of Property
Lot 139 Mechanic's Addition in the City of Dubuque, Dubuque County, Iowa
1. Wells (check one) Ki 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.
2. Solid Waste Disposal (check one) ~ There is no known solid waste disposal site on this property.
G There is a sol/d waste d/sposal site on th~ property, but no notice has been received from the Department of Natural Resources that the
site is deemed to be potentially ha',~mlous.
B There ts a solid waste dizposal stte on this property which has been deemed to be potantaally he2ardons by the Department of Natural
Resoarces. The location(s) of the site(s) is stated below.
3. Hazardous Wastes (check one) ,~ There is no known hazardous wmste On this property.
G There is hazardous waste on this property and it is being managed in accordance with Depar'anent of Natural Resources roles.
4. Underground Storage Tanks (check one)
~ There are no known under~ound storage tanks on this properb/. (Note exclusions such as small farm and residential motor fuel
most heating oil tanks, cisterns and septic tanks, in instructions.)
G The~ is an underground storage tank or tanks on th~ property. The type(s), size(s) and any known substance(s) c0ntained are d~cfibec
below.
5. Private Burial Site (check one) [~ There are no known private burial sites on this property.
B There is a private buriaI site on this property. The location(s) of the site(s) is stated below. The known'identify/rig information o£the
decedent is stated below.
Information, if any, required by statements checked above:
Auachment for Additional In£ormation? y~(~
If so,
number
of pages
I HEREBY DECLARE THAT THE INFORzMATION CONT:LINED IN PART I OF THIS STATE3FENT IS TR~ ~ND CO--CT
Signature: ~ Telephone Number: ~ ~9~70
P.~T II - TO BE COMPLETED BY ~CO~ER
Date of Recording
Deed ~ Contract
Book/I.D. Page/I.D.
City or Township
County
DNR form (July 99) FILE %VITH RECORDER saz~so
(See Instruction #6)
INSTRUCTIONS FOR CObIPLETING GROUNDWATER HAZAPd) STATE,rENT
~ne transferor of real property is required to complete Par[ I of this
form. The purpose of the statement is to satisfy legal requirements
for filing ins~menrs of conveyance of real properly with the
county recorder (Iowa Code Section 555.69). The Department of
Natural Resources dens not approve or disapprove of property
transfers based on these statements. The statement must be signed
by one of the persons ~ansferfing the property interest or that
person's agent. Ar, agent signing th[q form represents the
information from transferor to be correct.
For the most part the information requested is clear (name,
address, etc.). One statement under each of the numbered items
(I, 2, 3, 4 and 5) must be checked, and if one or more of the
statements checked requires the transferor to provide additional
information, that information is to be provided in parr L Relate the
additional information to the specific category of facility (well,
etc.) by numbering it with the .¢?responding number (1, 2, 3, 4,
5). If additional space is needed, type or print it legibly on a
separate sheet or sheets, complete the statements at the end of Part
I and attach the addiffonal infurmation to all copies of the form.
Wen desc~bing the location of a facility on the property, be
reasonably precise, such as a specific distance and general
direcrinn from a landmark or comer of the property. A
professional su,wey is not necessary. The following definitinns are
for use in completing the form.
i. Wells - A "well" is any excavation that is drilled, cored, bored,
au'gered, washed, driven, dug, jetted or otherwise constructed for
accessing groundwater or for diverting surface watar into the
ground, including abandoned wells. "Well" does not include an
open ditch or drainage tiles which discharge to the surface.
Ifa well is an "abandoned well" or an "agricultural drainage well,"
this must be identified and the status of the well with respect to
Iowa Code sections 455B.190 and 159.29, respectively, must be
stated. _4~n "abandoned well" is a welt no longer in use or inn such
state of disrepair that continued use is unsafe or impracticable.
Abandoned wells are to be properly plugged in accordance with
chapter 39 of the roles of the Department of Natural Resoumes.
(567 iov,-a Adm~nisu-ative Code, Chapter 39)
An "a~culmral ck-ainage well" is a well constructed for the
purpose of &mining, or wh/ch drains, water from agricultural land
to an aquifer (underground), excluding drainage tile intakes which
outlet to the s~face. Agricultural drainage wells are requked to
be registered win% the department by September 30, 1988, and the
o'~xmer of the well and of the land drained by the well are to
develop a plan propnsing alternatives to the use of the well by
July I, 1998 (See Iowa Code Section 159.29.)
2. Solid Waste - "Solid v.'aste" means garbage, refuse, mbbish
and other similar discarded solid or semisolid material. It does not
include di~. stone, brick, or similar inorganic material used for fill,
as long as no other solid waste is included. See 567--100.2(455B),
Iowa Adminisn-ative Code (LA.CO for further definitions. A
"disposal site" is any area on the property, on, in, or under which
solid waste has ~een disposed, whether or not the disposal is or
was regulated by the department.
if the 2ansferor or agent has not received notice from the
Deparmxent of Natural Resources that the disposal site has been
deemed to be potentially hazardous, there is no duty to inquire to
3. Hazardous Wastes - "Hazardous waste" is de£me;3 in Iowa
Code section 455B.4I I, 567--141.2 (455B), I.A.C., and federal
regniatio~ referenced therein. It is ge'nerally defined as waste
that poses a threat to human health or the environment. It
includes wastes which are ignitable, corrosive, toxic, explosive,
violently reactive, or specifically listed as hazardous in the Code
of Federal Regulations (40 CFR 261). EXCLUDED are
household wastes, agricultural wastes returned to the soil as
fur[ilizers or soil conditioners, agricnimral chemicals applied or
disposed of by a briner in accordance with the manufacturer's
instractions, triple-rinsed agricultural c~emical containers
disposed of by farmers (where the rknsate is used as rn~keup
water in the tar&mix and applied at appropriate rates), and other
specific materials. Persons are legally required to be awase of
hazardous waste laws.
4. Underground Storage Tan~ - "Underground storage rank"
means one or a combination of tanks, including underground
piping connected to the tanks, used to contain an accumulation of
regulated substances, and the volume of which is 10 percent or
more beneath the surface of the ground. "Regulated substances"
include petroleum products and hazardous or toxic materials
identified in 567--135.2(455B), LA.C. Underground storage
tank does not include:
a. Farm or residential tanks of 1,I00 gallons or less capacity
used for storing motor fuel for noncommercial purposes. But
See 455B.473(4))
b. Tanks used for storing heating oil for consumptive use on the
premises where stored.
c. Residential septic tamks.
d. Pipeline facilities regulated by state or federal law.
e. A surface impoundment, pit pond, or lagoon.
f. A storm water or wastewater collection system.
g. A flow-through process tank.
h. 'A liquid U-ap or associated gathering lines directly related to
oil or gas production and gathering operations.
i. A tar~< inn an underground area such a~ a basement or mine, if
the tan/< is on or above the surface of the floor.
j. Pipes connected to the above exclusions.
"Tank type" means the material of consla'ucfion (steel, fiberglass
reinforced plastic [FRP], or other [specify]), and any internal or
extamal protection such as a protective coating or wrapping, or
cathodic protection.
Identify uae capacity in gallons and the substance stored inn each
tank.
5; Private Burial Sites - "Private Burial Site" means one or
more gravas containing human remains. For each site the
transferor shalt state the location of the site. For each decedent
buried on the property the transferor shall state all knov,,'u
identifying information of that decedent including name, date of
death, and date of birth.
6. Filing - The original of this form must be presented to the
county recorder when the document to be recorded is filed. The
Recorder shall forward the original to the transferee when nhe
recorded instrument is resumed. The recorder is not required to
keep any copies. --
'~Notc Thc [and application of sludges or soils resulting from the
rcmcdiation of underground storage tank releases accomplished in
comp!lance with Department or' Natural Resources m[es whhout a
pc,milt is not required to be reported as the disposal of solid waste
or ha:ardons waste. (See Iowa Code Section 558.69)
D~'R £onn [July 99)