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Southern Ave vacate Hartig, DavMEMORANDUM July 9, 2002 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Vacating Petition - Southern Avenue (Formerly Platted as Stewart Street) In response to a request from David S. Hartig, Jr., Public Works Director Mike Koch is recommending the vacation of a portion of Southern Avenue (formerly platted as Stewart Street), and recommends that the purchase price be established at $1,600, plus platting, publication and filing fees. The City has no plans for the utilization of this portion of Southern Avenue, except for reserving a perpetual easement for utilities 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 Michael A. Koch, Public Works Director CITY OF DUBUQUE, IOWA MEMORANDUM July 8, 2002 TO: FROM: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director ,¢"/'~'/~ SUBJECT: Vacating Petition- Southern Avenue (Formerly Platted as Stewart Street) A public hearing was set by the City Council for July 1, 2002, to approve the vacating of a portion of Southern Avenue (formerly platted as Stewart Street). David S. Hartig, Jr. is requesting the vacating of a portion of Southern Avenue (formerly platted as Stewart Street). Perpetual easement rights will be reserved on the entire Lot 6A for the maintenance and construction of utilities. Therefore, it is recommended that the area indicated by Lot 6A of Shipton's Addition be vacated, and that the purchase price be established at $1,600.00, plus platting, publication, and filing fees. MAK/vjd MEMORANDUM June 24,2002 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Vacating Petition - Southern Avenue (Formerly Platted as Stewart Street) In response to a request from David S. Hartig. Jr. Public Works Director Mike Koch is recommending the vacation of a portion of Southern Avenue (formerly platted as Stewart Street). He further recommends a public hearing be set for the disposition of the City's interest in the subject area on July 15, 2002, and further recommends that the purchase price be established at $1,600, plus platting, publication and filing fees. The City has no plans for the utilization of this portion of Southern Avenue, except for reserving the utility easements as noted. I concur with the recommendation and respectfully request Mayor and City Council approval. ~ichael'(~. V'a~ Millig&n ~'-. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser. Assistant City Manager Michael A. Koch, Public Works Director TO: FROM: SUBJECT: CITY OF DUBUQUE, IOWA MEMORANDUM June 24, 2002 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director .~¢~ v~ Vacating Petition - Southern Avenue (Formerly Platted as Stewart Street) INTRODUCTION This is in response to a request from David S. Hartig, Jr. for the vacating of a portion of Southern Avenue (formerly platted as Stewart Street). DISCUSSION The attached plat shows the area proposed to be vacated. The abutting properties are owned by David S. Hartig, Jr. and Kathleen J. Dittmar. Mr. Hartig 3lans on utilizing the vacated area for additional landscaping. The area to be vacated is platted into one lot numbered Lot 6A of Shipton's Addition in the City of Dubuque, Dubuque County, iowa. This area was a portion of Stewart Street originally platted in 1857. The south end of Stewart Street merged into a Township Road, now commonly known as Southern Avenue. The area to be vacated is excess property located at the intersection of Davenport Road, Stewart Street (a.k.a. Southern Avenue) and the Township Road. Perpetual easement dghts will be reserved on the entire Lot 6A for the maintenance and .construction of utilities. The property has been valued at $1 ,$00.00. RECOMMENDATION The City has no plans for the utilization of this portion of Southern Avenue (formerly platted as Stewart Street), except for reserving utility easements as noted. I would recommend that the area indicated by Lot 6A of Shipton's Addition in the City of Dubuque, Dubuque County, Iowa, on the attached plat be vacated, and that a public hearing be set for the disposition of the City's interest in the subject area on July 15, 2002. would further recommend that the purchase price be established at $1,600.00, plus platting, 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 and ordinance. MAK/vjd Prepared by Ronald J. Turner, P.LS. SHIPTON'S ADDITION VACATE LOCATION / >/ VICINITY MAP PURPOSE: VACATION OF LOT 6A OF SHIPTONS ADDITION NORTH David Hartig Jr. ~ © Box 604 Dubuque IA 52004-0604 October 11, 1993 The Honorable Mayor City Hall 13th & Central Dubuque IA 52001 & Members of the City Council Dear Mr. Mayor & Members of the Council: A request is hereby made to vacate and offer for sale that portion Of city property in the 1500 block of Southern Avenue exceeding the 66' right of way normally reserved for a city street. Two adjacent properties ~re affected by this vacation, Kathleen Dittmar, 1428 Southern and the David Hartig property at 1553 Southern. Mrs Dittmar has submitted a letter indicating her approval of the vacation and sale of the property to David Hartig. Purchase of the unused, unneeded portion of city property will enable Mr. Hartig to put together 3 parcels of adjacent land, such as to allow for off street parking on that oortion of the 1500 block off Southern Avenue (formerl~ in the County) currently reduced to one lane of traffic with parking. It is my understanding that the city engineer has given his tentative approval ~o this vacation. ~ly, David Hartig Jr. Prepared by: Ronald J. Turner. City of Dubuque. 50 W. 13th Street. Dubuque, Iowa (563) 589-4270 RESOLUTION NO. RESOLUTION APPROVING PLAT OF PROPOSED VACATED SOUTHERN AVENUE (FORMERLY PLATTED AS STEWART STREET) Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated May 24, 2002, prepared by lIW Engineers & Surveyors, P.C., describing the proposed vacated portion of Southern Avenue (formerly platted as Stewart Street); 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. Thal the plat dated May 24, 2002, prepared by IIW Engineers & Surveyors. P.C., 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. 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 water, sewer, drainage, gas. telephone, television cable, fiber optics, and electric lines as may be authorized by the City of Dubuque, Iowa. Section 3. 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 2002. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, CMC, City Clerk PLAT OF SURVEY LOT 6A OF SHIPTON'S ADDITION IN THE CITY OF DUBUQUE, IOWA DESCRIPTION: PART OF VACATED SOUTHERN AVENUE IN THE CITY OF DUBUQUE, IOWA PARCEL BOUNDARY 0 FOUND }~ONUMENT AS NOTED 0 SET 5/S" IRON ROD W/ PLAS'~C CAP NO. 12631 L~ LOT 1-2-1-1 ( ) RECORD INFORMA'I]ON R,O.W. RIGHT-OF-WAY (~ ~ I DIEBOLD'$ PLACE P.O.B. POINT OF BEGINNING ~ / ~ /~ ~. ~- ~ LO~-~-~-~-~ NORTH · GRAPHIC SCALE 0 100 200 o / ~" = mo' / SURVEYOr, ORDINANCE NO. ORDINANCE VACATING A PORTION OF SOUTHERN AVENUE (FORMERLY PLATTED AS STEWART STREET) Whereas, David S. Hartig, Jr. has requested the vacating of a portion of Southern Avenue (formerly platted as Stewart Street); and Whereas. IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the vacated portion of Southern Avenue (formerly platted as Stewart Street) and assigned a lot number th areto, which hereinafter shall be known and described as Lot 6A of Shipton's Addition in the City of Dubuque. Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of Southern Avenue (formerly platted as Stewart Street) is no longer required for public use, except for utility easements as noted, and vacating of said portion of Southern Avenue (formerly platted as Stewart Street) known as Lot 6A of Shipton'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 real estate described as Lot 6A of Shipton's Addition in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby vacated. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, 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. Passed, approved and adopted this day of ,2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 6A OF SHIPTON'S ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, David S. Hartig, Jr. has requested the vacating of a portion of Southern Avenue (formerly platted as Stewart Street); and Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the vacated portion of Southern Avenue (formerly platted as Stewart Street) and assigned a lot number thereto, which hereinafter shall be known and described as Lot 6A of Shipton's Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, IoWa has determined that this portion of Southern Avenue (formerly platted as Stewart Street) is no longer required for public use, except for utility easements as noted, and vacating and sale of said portions of alleys and streets known as Lot 6A of Shipton'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 Lot 6A of Shipton's Addition in the City of Dubuque, Dubuque County, Iowa. Section 2. That the conveyance of Lot 6A of Sh~pton's Addition in the City of Dubuque, Dubuque County, Iowa [o David S. Hartig, Jr. be contingent upon the payment of $1,600.00, plus platting, publication and filing fees. 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 water, sewer, drainage, gas, telephone, television cable, fiber optics, and electric lines as may be authorized by the City of Dubuque, Iowa. Section 4. 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: Terrence 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. 365-02 RESOLUTION DISPOSING OF CITY 'INTEREST IN LOT 6A OF SHIPTON'S ADDITION 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 ge~ner~31 circulation published in the City of Dubuque, Iowa on this 5th day of July, 2002 th~ Ci~ Council of the City of Dubuque, Iowa m'et o'n the 15th day of July , ,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: Lot 6A of Shipton'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 wdtten 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 6A of Shipton's Addition in the City of Dubuque, Dubuque County, Iowa to David S. Hartig, Jr. be and the same is hereby approved for the sum of $1,600.00 plus cost of publication, platting and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, 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. Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to David S. Hartig, Jr. upon receipt of the purchase price in full. Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 15th Attest: Jeanne F. Schneider, CMC, City Clerk day of July ,2002. Terrance M. Duggan, Mayor RESOLUTION NO. 347-02 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 6A OF SHIPTON'S ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, David S. Hartig, Jr. has requested the vacating of a portion of Southern Avenue (formerly platted as Stewart Street); and Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the vacated portion of Southern Avenue (formerly platted as Stewart Street) and assigned a lot number thereto, which hereinafter shall be known and described as Lot 6A of Shipton's Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of Southern Avenue (formerly platted as Stewart Street) is no longer required for public use, except for utility easements as noted, and vacating and sale of said portions of alleys and ~treets known as Lot 6A of Shipton'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 Lot 6A of Shipton's Addition in the City of Dubuque, Dubuque County, Iowa. Section 2. That the conveyance of Lot 6A of Shipton's Addition in the City of Dubuque, Dubuque County, Iowa to David S. Hartig, Jr. be contingent upon the payment of $1,600.00, plus platting, publication and filing fees. 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 water, sewer, drainage, gas, telephone, television cable, fiber optics, and electric lines as may be authorized by the City of Dubuque, Iowa. Section 4. 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 1 st e F. Schneider, CMC, City Clerk dayof July ,2002. //rerrance M. D~'an, Mayor Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. 346-02 RESOLUTION APPROVING PLAT OF PROPOSED VACATED SOUTHERN AVENUE (FORMERLY PLATTED AS STEWART STREET) Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated May 24, 2002, prepared by IIW Engineers & Surveyors, P.C., describing the proposed vacated portion of Southern Avenue (formerly platted as Stewart Street); 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 May 24, 2002, prepared by IIW Engineers & Surveyors, P.C., 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. 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 water, sewer, drainage, gas, telephone, television cable, fiber optics, and electric lines as may be authorized by the City of Dubuque, Iowa. Section 3. 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. Attest: ne F. Schneider, CMC, City Clerk 1st day of July , T/arrance M. Dugg,/a~",~ayor ORDINANCE NO. 55-02 ORDINANCE VACATING A PORTION OF SOUTHERN AVENUE (FORMERLY PLATTED AS STEWART STREET) Whereas, David S. Hartig, Jr. has requested the vacating of a portion of Southern Avenue (formerly platted as Stewart Street); and Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the vacated portion of Southern Avenue (formerly platted as Stewart Street) and assigned a lot number thereto, which hereinafter shall be known and described as Lot 6A of Shipton's Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of Southern Avenue (formerly platted as Stewart Street) is no longer required for public use, except for utility easements as noted, and vacating of said portion of Southern Avenue (formerly platted as Stewart Street) known as Lot 6A of Shipton's Addition, in the City of Dubuque, Dubuque County, Iowa should be approved. NOW, TH EREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real eState described as Lot 6A of Shipton's Addition in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby vacated. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, 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. Passed, approved and adopted this 1 st day of July, ,2002. /T'errance M. Dug~Mayor Attest: F. Schneider, CMC, City Clerk 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) TRA~NSFEROR Name City Of Dubuque Address ,~ W. 13th Street TR-ANSFEREE Name David S. Hartig, Or. Dubuque IA 52001-4864 Address 1255 Sout:hern Avenue Dubuque IA 52001 Address of Property Tra~ferr..ed Legal Description of Property Lot 6A of Shipton's Addition in the City of Dubuque, ~ubuque County, Iowa 1. Wells (check one) ~ -caere are no known wells situated on this property. ~ -Caere is a well or wells situated on this progeny. The type(s), location(s) and legal status are stated below. 2. Solid Waste Disposal (check one) 8 There is no known solid waste dL~posal site on this properly. ~ -Cnere is a solid waste disposal site on t/~ property, but no notice has been received from the Deparanent of Natural Resources that the site is deemed to be potentially ha'~'dous. ~ There is a solid waste d/sposal site on th/s property which has been deemed to be potentially ba?ardous by the Depar~ent of Nararal 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 ba?~rdoua waste on tkis property and it is being managed in accordance with Depam:nent of Naturul Resources rules. 4. Underground Storage Tanks (check one) ~( There are no known under~ound storage tanks on this proper~z. (Note exclusions such as small farm and residential motor fuel must heating oil tamks, cistenm and septic rank% in instructions.) U2 There is an umderground storage tank or tamks on this property. The type(s), size(s) and any .known substance(s) contained are d~.c-n, q)et below'. 5. Private Burial Site (check one) ~ 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) is stated below. The known identifying informarion of the decedent is stared below. ,.o~wnanon, ~ .ny, required by statements checked above: Aaacb. ment for Additional Information? y/~ If so, number of pages HEREBY DECLAP-.E THAT THE INFO1LMATION CONTA.INED IN PA-RT 1 OF THIS STATEMENT IS TRUE /kiND CORRECT .~.,, ..... AS:~, M~chael A. Koch ~-- 2 ~7, z._ Telephone Number: __~6..r 3~ 589-4270 PART II - TO BE COMPLETED BY RECORDER Dare of Recording Deed ~ Contract Boo~TD, Page~.D. City or To~wnship County DN'R tbrm (July 99) FILE %~/TH RECORDER (See Instruction #6) INSTRUCTIONS FOR COblPLETING GROUT~'DWATER HAZARD STATEbrENT 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 insn,aments of conveyance of real proper~y with the counW recorder (Iowa Code Section 558.69). The Deparu'neat of NamraI Resources does not approve or disapprove of property ~ansfers based on these statements. The statement must be signed by one of the persons transferring the property ~nterest or that person's agent. /kn agent signing this form represents the informatiun from transferor to be correct. For due most part Cae information requested is clear (name, address, etc.). One statement under each of the numbered items (I, 2, 3, 4 and 5) mu~t he checked, and if uno or more of the statements checked requires the transferor to provide additional information, that information is to be provided in par[ 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 auach the additional information to all copies of the form. ~,%q~,en describing the location of a facility on the property, be reasonably precise, such as a specific distance and general direction ~om a landmark or comer of the property. A professional survey is not necessary. The following definitions are for use ha completiag the form. 1. Wells - A "well" is any excavation that is drilled, cored, bored, au'gered,' washed, driven, dug, jetted or otherwise conslracted 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. tf 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 159.29, respectively, must be stated..tn "abandoned well" is a welt no longer in use or in such state of disrepair that conthaued use is unsafe or hnpracticable. Abandoned wells are to be properly plugged in accordance with chapter 39 of the roles of the Depam'nent of Natural Resources. (567 Iowa Adrr&nianntive Code, Chapter 39) An "aKdcultuml drainage well" is a well consUmcted for the pu¢ose of draining, or which drains, water from agricukuml land to an aquifer (underground), excluding drainage file intakes which outlet to the surface. Agr/cultm'al drainage ,,,,-ells are required to be registered with the depa,m-~ent by September 30, 1988, and the ov,,'ner of the well and of the land drained by the well are to develop a plan proposing alternatives to the use of the ,.,,'ell by July I, 1998 (See Iowa Code Section 159.29.) 2. Solid Waste - ,Solid waste" means garbage, refuse, rubbish and other similar discarded solid or serpJsolid material. It does not include dirt, stone, brick, or sintiIar inorganic material used for filI, as Iong as no other solid waste is included. See 567--100.2(455B), iowa Administrative Code (I.A.C.) for further definitions. A -disposal site" is any area on the prope~' on, in, or under which solid waste has been disposed, whe~er or not the dispnsa[ is or was regulated by the deparm:ent. It' the rransrkror or agent has not received notice from. the Department of Nature! Resources that the disposal site has been deemed to be porentially hazardous, there is no duD' to inquire to the department. 3. Hazardous Wastes - "H~ardous waste" is defme/l ha Iowa Code section 455B.411, 567--141.2 (455B), LA.C, and federal regulatinas referenced therein. It is generally del'mod 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 26I). EXCLUDED are household wastes, agricultural wastes returned to the soiI as fertilizers or soil conditioners, agricultural chemicals applied or disposed of by a farmer in accordance with the manufacturer's insumctions, triple-rinsed agricultural chemical containers disposed of by farmers (where the rinsate is used as rna.keup water in the tankrnix and applied at appropriate rates), and other specific materials. Persons are legally required to be aware of hazardous waste laws. 4. Underground Storage Tan'ks - "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 10 percent or more beneath the surface of the ground. "Regulated substances' include petroleum products and hazardous or toxic mater/als identified in 567--135.2(455B), I.A.C. Underground storage tank does not L.nchade: a. Farm or residential ranks of I,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 prernises where stored. c. Residential septic tanks. d. Pipeline facilities regulated by state or federal law. e. A surface Lmpoundment, 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, ir' the tank is on or above the sm'face of the floor. j. Pipes connected to the above exclusions. "Tank type" means the material of construction (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 substance stored in each tamk. 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 property the transferor shall state all k:aov, m identifying information of that decedent including name, da~e 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 Reiorder shall for-a,'ard the original to the transferee when the recorded'instrument is returned. T~e recorder is not required to keep any copies. -- *Note The lsnd application of sludges or soils resulting from the remediation of underground storage tank releases accomplished in compliance with Department of Natural Resources rules without a pem,,it is not required to be reported as the disposal of'solid waste or hazardous waste. (See Iowa Code Section 558.69) DNR t'onn (July 99) Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (319) 589-4270 Address Tax Statement: David S. Hartig, Jr., 1255 Southern Avenue, Dubuque, IA 52001 QUIT CLAIM DEED The City of Dubuque, Iowa, a municipal corporation of Dubuque County, Iowa, for One Thousand Sixteen and 00/100 Dollars ($1,600.00) does hereby Quit Claim unto: David S. Hartig 1255 Southern Avenue Dubuque, IA 52001 all its rights, title, and interest in the following described real estate situated in Dubuque County, Iowa, to wit: Lot 6A of Shipton'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 6A of Shipton's Addition. No declaration of value is required according to Iowa Code Section 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.