12th St Vacate for StoversMEMORANDUM
July 30, 2002
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Public Hearing on Vacating a Portion of 12th Street West of Bluff
In response to a request from Greg and Peggy Stover, Public Works Director Mike Koch
is recommending the vacation of a portion of 12th Street west of Bluff. The area to be
vacated was leased for parking to Egelhof Funeral Home, the previous property owner.
It is further recommended that the purchase price be established at $943.68, plus
publication and filing fees.
The City has no plans for the utilization of this portion of 12th Street, 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/]h
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
July 29, 2002
TO: Michael C. Van Milligen, City Manager
FROM: Michael A. Koch, City Engineer ~'~'~,
SUBJECT: Public Hearing on Vacating A Portion of 12th Street West of Bluff
A request has been received from Greg and Peggy Stover to vacate a portion of
12th Street west of Bluff.
The City has no plans for the utilization of this portion of 12th Street, except for
reserving the utility easements as noted. Therefore, it is recommended that the
areas indicated by Lots 760A and Lot 776B of McDaniel's Subdivision be
vacated, and that the purchase price be established at $943.68, plus publication
and filing fees.
MAK/vjd
MEM
ORANDUM
July 9, 2002
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Vacating Petition - A Portion for 12th Street West of Bluff
In response to a request from Greg and Peggy Stover, Public Works Director Mike Koch
is recommending the vacation of a portion of 12th Street west of Bluff. The area to be
vacated was leased for parking to Egelhof Funeral Home, the previous property owner.
The City Council has previously given preliminary approval of this proposal at the
September 4, 2001 Council meeting. It is further recommended that a public hearing be
set for the disposition of the City's interest in the subject area on August 5, 2002, and
that the purchase price be established at $943.68, plus publication and filing fees.
The City has no plans for the utilization of this portion of 12th Street, 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 Lindaht, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
TO:
FROM:
SUBJECT:
CITY OF DUBUQUE, IOWA
MEMORANDUM
July 1, 2002
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director ~¢,~ K~~-c/
Vacating Petition - A Portion of 12th Street West of Bluff
INTRODUCTION
This is in response to a request from Greg and Peggy Stover for the vacating of a
portion of 12th Street west of Bluff.
DISCUSSION
The attached plat shows the proposed portion of 12~h Street to be vacated. The abutting
properties are owned by Gregory Jori and Peggy E. Stover. The area to be vacated was
leased for parking to Egelhof Funeral Home, the previous property owner. The City
Council had previously given preliminary approval of this proposal at the September 4,
2001 Council meeting.
The area to be vacated is divided into two lots numbered Lots 760A and Lot 776B of
McDaniel's Subdivision. Perpetual easement rights wilt be reserved on a small portion
of the lot for maintenance of the existing storm sewer utilities.
The property has been valued at $1.61 per square foot. With a credit for surveying and
platting, the purchase price was established at $943.68.
RECOMMENDATION
The City has no plans for the utilization of the portion of 12~h Street to be vacated, except
for reserving the utility easements as noted.
I would recommend that the areas indicated by Lot 760A and Lot 776B of McDaniel's
Subdivision 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 August 5, 2002. I would further
recommend that the purchase price be established at $943.68, 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 and ordinance.
Prepared by RonaId J. Turner, P.L.S.
VACATE LOCATION
PURPOSE:
12TH STREET
VACATE
MAP
NORTH
MEM
0 RAND UM
August30,2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Vacating A Portion of 12th Street
Greg and Peggy Stover are requesting preliminary approval from the City Council on
the vacation of a 12-foot wide portion of the 12th Street right-of-way, immediately west of
Bluff Street. This preliminary approval would allow the Stovers to continue with their
plans to develop the property, however, a public hearing will need to be held and the
Stovers can be given no assurance as to the results of that public hearing.
This property had been used by Egelhof-Casper Funeral Home as part of their parking
lot under a revocable permit from the City of Dubuque. The Stovers want to eliminate
the revocable permit and take ownership of the property.
Public Works Director Mike Koch advises that the City has no plans for the use of this
property and is recommending giving preliminary approval to the vacation.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van MillJgen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
CITY OF DUBUQUE, IOWA,
MEMORANDUM
August 28, 2001
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Vacating A Portion of 1 2th Street
INTRODUCTION
Enclosed is a petition for Greg and Peggy Stover to vacate a 12-foot wide portion
of the 12~h Street right-of-way, immediately west of Bluff Street.
BACKGROUND
Egelhof-Casper Funeral Home has utilized the northerly 12 feet of the 12th Street
right-of-way under a permit with the City for private parking since at least 1973.
They have held this permit under a 30-day revocable permit upon notice by the
City.
Recently Greg and Peggy Stover have purchased the Egelhof property, together
with the 1 2th Street parking lot. At the time of the sa[e, they were not aware that
they did not own the northerly 12 feet of the parking lot, which can accommodate
seven (7) parking stalls. The Stovers have indicated that parking is a major factor
in their investment, because of the lack of parking in this area.
Since the parking is so essential to their operation, they have indicated that a
continuation of a permit which contains a unilateral 30-day revocation clause would
not be acceptable to them.
DISCUSSION
In lieu of a permit to use the property, they are requesting to vacate the same 12
feet of the right-of-way.
It is unlikely, given the topography of 12t~ Street, that the street would ever be
widened. Currently there is sufficient room to allow two cars to pass by each
other, since there is no parking allowed on the street. City staff has taken a look
at the property values in this area as appraised by the County of Dubuque and have
estimated an average value of $1.61 per square foot.
The Stovers are willing to purchase the vacated right-of-way for $1.61 per square
foot, for a total of ~2,700. The City does allow a credit for surveying in the
vacating of small parcels, which could amount from $600 to $1,000 credit, for a
net purchase price of $1,700 to $2,100.
RECOMMENDATION
I would recommend that the City Council consider the vacating of a portion of 12th
Street right-of-way since no improvements are envisioned for this portion of 12TM
Street. Vacating of the right-of-way would, however, mean that the street could
never be widened beyond its current width. Other improvements, such as curb and
gutter and new paving and sidewalks, could still be 'accomplished within the
remaining right-of-way.
ACTION TO BE TAKEN
I would ask that the Council consider the request and give preliminary approval on
the requested vacating. This would then allow the Stovers to continue with their
plans to develop the ProPerty while a surveyor's plat is being prepared for the
formal vacating process. The approval of Council at this time would not be
binding, since formal vacating of the street can only be finalized after a public
hearing, and subsequent approval by the City Council: Any costs incurred by the
Stovers prior to the formal City Council approval would be at their sole expense.
MAKIvjd
5O
? 50 Feet
PROPOSED 12th STREET VACATE
7/2 0/01
Mr. Bob Schiesl
Civil Engineer
City of Dubuque, IA 52001
Re: Parking lot at 12a and Bluff
Dear Bob:
We wanted to get back to you regarding the disposition of the parking lot issue we
discussed a few weeks ago. (The lot on the South West corner of 17 and BlufF)
As you know, we were shocked to find out that the City of Dubuque owns a portion of
that lot, and had been leasing it to Chuck Egelhof for 20 plus years.
'We had a productive meeting with Mike Koch regarding this issue, and it is my
understanding is that it has been handed to you due to concerns with property lines, etc.
Just to clarify the issue, there are two issues present, which can be discussed separately or
together. They are:
1. The 11 '-12' that the City owns adjoining 12th Street is critical to the success of my
business venture. We paid a lot of money for that lot, and cannot be placed in a
position where the City could revoke a lease. Basically, we either need to own it all,
or we won't need the other part either. Parking was the most debated issue about
buying this building.
2. There are the (2) 25' x 25' lots atthe rear of my parking lot, which abut to Lower
Grove Terrace. The County put these up for auction, and I was the only bidder. As
you know, I do not want any liability for the wall holding up the street. You have
made it clear that the wall is in fact on those lots. I am still interested in acquiring
those lots.
As we discussed, k is highly unlikely that the City will ever widen 12th Street, so there is
no reason for the City to maintain ownership of that strip of land. It was suggested to us
that the City might sell it for approximately $2700. This would probably be the most
expeditious route to take to solve the problem. We can then go back to the sellers to
discuss compensation, since this was not disclosed in the sales documents.
Regarding the lots:. We are interested (down the road) in putting up a carriage
house/garage at the West end of our lot. It would be nice if we could utilize a portion of
those (2) tiny lots in order to consider building a rental un/t up above the garage, which
might project out onto the lots a few feet. There might be a deck on the West side, or
some such structure. We are very open to what the City would have to say about
arrangements along those lines.
It is clear that no one is going to take legal responsibility away from either the County or
City for that wa!l, in order to build a tiny structure on the land. Our proposal might make
ir feasible for us to build a nicer structure, more in keeping with the neighborhood.
Especially if we could rent out the upstairs unit.
Just for your information, there was a 2-story RB&B carriage house on the property in
the late IS00's. It had some sort of cupola on top. Pictures we have seen are exceedingly
dark, and without a lot of detail present. We will of course do considerable research
before approaching the Ci~ to build that carriage house. It is too early to draw up plans,
but in general, it would be about a 24' x 34' rectangle, 2 floors high, with a gable roof of
about 6/t2 pitch.
.Just for your information, last night we were granted permission to tear down our'1500
square foot masonry garage here at 1145 Locust. This is a current and viable project for
the Fa~mie Stout House, since we will need to replace that lost storage at some point.
Once again, we appreciate your help, and look forward to hearing from you regarding
resolution of those issues. ~
Sincerely, ~~
Greg& Peggy Stover
582-2218
cc Laura Carstens
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th S[reet, Dubuque, Iowa (563) 589-4270
RESOLUTION NO.
RESOLUTION APPROVING PLAT OF PROPOSED VACATED
PORTION OF 12TM STREET WEST OF BLUFF
Whereas, there has been presented to the City Council of the City of
DubuquE, iowa, a plat dated the 21st day of June, 2002, prepared by Buesing &
Associates, describing the proposed vacated Portion of 12~h Street west of Bluff;
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 21st day of June, 2002, prepared by
Buesing & Associates, 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 storm sewers as may be authorized by the City of Dubuque, Iowa, as
shown on the Plat of Survey of Lot 760A of McDaniel's Subdivision.
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.
2002.
Passed, approved and adopted this
day of
Attest:
Terrance M. Duggan, Mayor
Jeanne F. Schneider, CMC, City Clerk
PLAT OF SURVEY for -----------
:VACATING A PORTION OF 12TH STREET,
:THE DIVISION OF LOT 776 OF McDANIEL'S SUBDIVISON,
:AND A RETRACEMENT OF THE EASTERLY 115 FEET OF LOT 760 OF McDANIEL'S
SUBDIVISION IN THE CiTY OF DUBUQUE, IOWA.
~, DETAIL NO SCALE
DETAIL NO SCALE
L~eEN_D
.......... EA$~E~T [JNE
0
20 40 80
SCALE iN FEET
ORDINANCE NO,
ORDINANCE VACATING A PORTION ON 12TM STREET WEST OF
BLUFF
Whereas, Gregory Jori and Peggy E. Stover have requested the vacating
of a portion of 12''h Street west of Bluff; and,
Whereas, Buesing & Associates has prepared and submitted to the City
Council a plat showing the vacated portion of 12th Street west of Bluff, which
hereinafter shall be known and described as Lot 760A and Lot 776B of
McDaniet's Subdivision, in the City of Dubuque, Dubuque County, Iowa; and,
Whereas, the City Council of the City of Dubuque, Iowa has determined
that a portion of 12th Street west of Bluff is no longer required for public use,
except for utility easements as noted, and vacating of said portion of 12th Street
west of Bluff known as Lot 760A and Lot 776B of McDaniel's Subdivision 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 760A and Lot 776B of
McDaniel's Subdivision in the City of Dubuque, 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 thereto, for the purpose of erecting,
installing, constructing, reconstructing, repairing, owning, operating, and
maintaining storm sewers as may be authorized by the City of Dubuque, Iowa, as
shown on the Plat of Survey of Lot 760A of McDaniel's Subdivision.
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 LOT
760A AND LOT 7768 OF MCDANIEL'S SUBDIVISION, DUBUQUE, IOWA
Whereas, Gregory Jon and Peggy E. Stover have requested the vacating
of a portion of 12~ Street west of Bluff; and
Whereas, Buesing & Associates has prepared and submitted to the City
Council a plat showing the vacated portion of 12~h Street west of Bluff and
assigned lot numbers thereto, which hereinafter shall be known and described as
Lot 760A and Lot 776B of McDaniel's Subdivision in the City of Dubuque, Iowa;
and
Whereas, the City Council of the City of Dubuque, Iowa has determined
that this portion of 12~h Street west of Bluff is no longer required for public use,
except for utility easements as noted, and vacating and sale of said portion of
12~h Street west of Bluff known as Lot 760A and Lot 776B of McDaniel's
Subdivision 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 760A and Lot 776B of McDaniel's Subdivision in the City of Dubuque, Iowa.
Section 2. That the conveyance of Lot 760A and Lot 776B of
McDanieYs Subdivision in the City of Dubuque, Iowa to Gregory Jori and Peggy
E. Stover be contingent upon the payment of $943.68, plus 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 storm sewers as may be authorized by the City of Dubuque, Iowa, as
shown on the Plat of Survey of Lot 160A of McDaniel's Subdivision.
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:
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. 391-02
RESOLUTION DISPOSING OF CITY INTEREST IN LOT 760A AND LOT
776B of MCDANIEL'S SUBDIVISION, 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 th19th ay of July, 2002, the City
Council of the City of Dubuque, Iowa met on the 5th day of August, 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 760A and Lot 776B of McDaniel's Subdivision, 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 760A and Lot 776B of McDaniel's Subdivision in the City of Dubuque, Iowa to
Gregory Jon and Peggy E. Stover be and the same is hereby approved for the
sum of $943.68, plus the cost of publication 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 storm sewers as may be authorized by the City of Dubuque, Iowa, as
shown on the Plat of Survey of Lot 760A of McDaniel's Subdivision.
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 Gregory Jori and Peggy E. Stover upon
receipt of the purchase pdce 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 5th day of August, 2002.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
RESOLUTION NO. 375-02
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT
760A AND LOT 776B OF MCDANIEL'S SUBDIVISION, DUBUQUE, IOWA
Whereas, Gregory Jon and Peggy E. Stover have requested the vacating
of a portion of 12th Street west of Bluff; and
Whereas, Buesing & Associates has prepared and submitted to the City
Council a plat showing the vacated portion of 12th Street west of Bluff and
assigned lot numbers thereto, which hereinafter shall be known and described as
Lot 760A and Lot 776B of McDaniel's Subdivision in the City of Dubuque, Iowa;
and
Whereas, the City Council of the City of Dubuque, Iowa has determined
that this portion of 12th Street west of Bluff is no longer required for public use,
except for utility easements as noted, and vacating and sale of said portion of
12th Street west of Bluff known as Lot 760A and Lot 776B of McDaniel's
Subdivision 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 760A and Lot 776B of McDaniel's Subdivision in the City of Dubuque, Iowa.
Section 2. That the conveyance of Lot 760A and Lot 776B of
McDaniel's Subdivision in the City of Dubuque, Iowa to Gregory Jon and Peggy
E. Stover be contingent upon the payment of $943.68, plus 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 storm sewers as may be authorized by the City of Dubuque, Iowa, as
shown on the Plat of Survey of Lot 160A of McDaniel's Subdivision.
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
Attest:
~./3eanne F. Schneider, CMC, City Clerk
15th .da_.y of Ou].Z. ,2002_
,
ORDINANCE NO. 57-02
ORDINANCE VACATING A PORTION ON 12TM STREET WEST OF
BLUFF
Whereas, Gregory Jon and Peggy E. Stover have requested the vacating
of a portion of 12th Street west of Bluff; and,
Whereas, Buesing & Associates has prepared and submitted to the City
Council a plat showing the vacated portion of 12th Street west of Bluff, which
hereinafter shall be known and described as Lot 760A and Lot 776B of
McDaniel's Subdivision, in the City of Dubuque, Dubuque County, Iowa; and,
Whereas, the City Council of the City of Dubuque, Iowa has determined
that a portion of 12th Street west of Bluff is no longer required for public use,
except for utility easements as noted, and vacating of said portion of 12th Street
west of Bluff known as Lot 760A and Lot 776B of McDaniel's Subdivision 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 760A and Lot 776B of
McDaniel's Subdivision in the City of Dubuque, 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 thereto, for the purpose of erecting,
installing, constructing, reconstructing, repairing, owning, operating, and
maintaining storm sewers as may be authorized by the City of Dubuque, Iowa, as
shown on the Plat of Survey of Lot 760A of McDaniel's Subdivision.
Passed, approved and adopted this 15th
Attest: . .~.~
~/'J'eanne F. Schneider, CMC, City Clerk
j/l"b~rance M. Du~/~ayor
Prepared by: Ronald J. Tumer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO. 374-02
RESOLUTION APPROVING PLAT OF PROPOSED VACATED
PORTION OF 12TM STREET WEST OF BLUFF
Whereas, there has been presented to the City Council of the City of
Dubuque, Iowa, a plat dated the 21st day of June, 2002, prepared by Buesing &
Associates, describing the proposed vacated pot[ion of 12th Street west of Bluff;
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 21st day of June, 2002, prepared by
Buesing & Associates, 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 storm sewers as may be authorized by the City of Dubuque, Iowa, as
shown on the Plat of Survey of Lot 760A of McDaniel's Subdivision.
Section 3. That the City Clerk be and is hereby authorized and directed
to file said plat and cer/ified copy of this resolution in the office of the Recorder in
and for Dubuque County, Iowa.
2002.
Attest:
Passed, approved and adopted this
15th day of July
T~rrance M. Dugg~',~ayor
e F. Schneider, CMC, City Clerk
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
Address Tax Statement~ Gregory Jon and Peggy E. Stover, 1145 Locust Street, Dubuque, IA 52001
QUIT CLAIM DEED
The City of Dubuque, Iowa, a municipal corporation of Dubuque County, Iowa, for Nine
Hundred Forty-Three and 68/100 Dollars ((~943.68) and other good and valuable
consideration, does hereby Quit Claim unto:
Gregory Jon and Peggy E. Stover
1145 Locust Street
Dubuque, lA 52001
all its rights, title, and interest in the following described real estate situated in Dubuque
County, Iowa, to wit:
Lot 760A and Lot 776B of McDaniel's Subdivision 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 760A and Lot 776B of McDanieFs Subdivision.
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.
CI'[Y 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. 2-6 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.
TRANSFEROR Name
REAL ESTATE TRANSFER . GROUNDWATER HAZARD STATEMENT
Please read the fil{ng instructions on the reverse side BEFORE completing this form.
PART I - TO BE COMPLETED BY TRANSFEROR
(Please Type or Print Legibly)
City of Dubuque
Ad&ess 50 W. 13th Street
Dubuque
TR.~NSFEREE Name Gregory Jon and Peggy S. Stover
IA 52001-4864
Address 1145 Locust Street
Dubuque IA 52001
Address of Property Transfe~ed NA
LegalDesc~ptiono£Property Lot 760A and Lot 776B of McDaniel's Subdivision in the City Of
Dubuque, Dubuque County, Iowa
1. Wells (check one) ~ There are no known wells situated on this property.
U. 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)
KI There is no known solid waste disposal site on this property.
F1 There is a solid waste disposal site on this property, but no notice has been received from the Department of Natur}l Resources that the
site is deemed to be potentially hazardous.
Q There is a solid waste disposal site on this property wh/ch has been deemed to be potentially hazardous by the Department of Nataral
Resources. The location(s) of the site(s) is sated below.
3. Hazardous Wastes (check one) 1~ There is no known hazardous waste on this property.
IZ1 There is hazardous waste on this property and it is being managed in accordance with Department of Natural Resources rules.
4. Underground Storage Tanks (check one)
1~ There arc no known underground storage tanl~ on tiffs properiy. (Note exclusions such as small farm and resident/al motor fuel an/cs,
most heating oil tank~, cisterns and septic tanle% in instructions.)
12 There is an underground storage tank or tanks on this property. Thc type(s), size(s) and any known substance(s) contained are describer
below.
5. Private Burial Site (check one)
l~ There are no known private burial sites on this property.
G There is a private bur/al site on this property. The location(s) of the site(s) is sated below. The known identify/rig information of the
decedent is sated below.
Information, if any, requ/red by statements checked above:
Attachment for Additional Information? y/{~ If so, number of pages
I HEREBY DECLARE THAT THE INFORMATION CONTAINED IN PART 1 OF THIS STATEMENT IS TRUE .4aND CORRECT
~ .......... ~.,,,~ 7~ich'ael A. Koch -- -
PART II- TO BE COMPLETED BT-~-~'(~-~-- ...................................... ~ .......
Date o£ IusWdment
Date of Recording.
Deed U Contract
Book/I.D.
City or Township
Page/I.D.
DNR form (July 99)
FILE WITH RECORDER (See Instruction #6)
INSTRUCTIONS FOR COMPLETING
'Fne ~-ansferor of real propervy is required to complete Parr I of this
form.. The pu~ose of the statement is to satisfy legal requirements
for filkng iusmaments of conveyance of real property with the
county recorder (Iowa Code Section 558.69). The Deparnnent of
Natural Resources does not approve or disapprove of property
nnusfers bssed on these statements. The statement must be signed
by one of the persons trausferring the property, interest or that
person's agent. An agent signing this form represents the
information from ~ansferor to be correct.
For the most pan the information requested is clear (name,
address, etc.). One statement under each of the numbered items
(I, 2, 3, 4 and 5) mnst 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 L Relate the
additional infonnatinn to the specific category of facility (well,
etc.) by numbering it with the ~c?responding number (1, 2, 3, 4,
5). If add[tinnal space is needed, type or print it legibly on a
separate sheet or sheets, complete the statements at the end of Part
I and anach the additional information to ell copies of the form.
x,~en describkng 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 tlne property. A
professional s~wey is not necessary. 'Eno following definitions 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 construoted for
accessing groundwater or for diverting surface water into the
ground-, including abandoned '*'ells. "Well" does not include an
open ditch or drainage tiles which discharge to the surface.
Ifa ,.'.'el1 is an "abandoned wolF' or an "a=m'iculturaI drainage well,"
'~s must he identified and the stems of the well with respect to
Iow-- Code sections 455B.190 and I59.29, respectively, must be
s~ted. An "abandoned well" is a well no longer in use or in such
state of disrepair that contLnued 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 AdmLnis~'wative Code, Chapter 39)
An "ag-ricultural &-ainage ,,,,'ell" is a welt constructed for the
nnmose of draining, or wi~Hch dm;us, v.-ater from agricultural land
l~o ~n aquifer (undergromnd), excluding ch~ainage tile intakes whSch
outlet to the surhce. Agricultural drainage wells are reqnked to
be registered with [he depar'anent by September 30, 1988, and the
o;~v, er of the well and of tine 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, refuse, rnbbish
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),
!ow2 Admiais~dve Code (!.A.C.) for further del-tuitions. A
-disoosaI site- is any area on the properS' on, in, or under which
so!i~ waste has ~qeen disposed, v.-hether or not the disposal is or
was regulated by tlne deparwaent.
If the ~aasferor 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
ti'~e depa~ment.
*Note The land application of sludges or soils resulting from the
remedi~tion of underground storage tank releases accomplished in
complia:'~cc with Department of Natural Resources roles without a
pem,~it is not required to be reposed as the disposal of solid waste
or hazardous waste. (See Iox~a Code Section 558.69)
GROU.WDWATER HAZARD STATEb[ENT
3. Hazardous Wastes - "Hazardous waste" is defme;l in Iowa
Code section 455B.411, 567--141.2 (455B), LA.C., and federal
regulations referenced therein. It is generally 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 soiI as
fertilizers or soil conditioners, agrioultural chemicals applied or
disposed of by a farmer in accordance wSth the manufacturer's
instructions, triple-rinsed agricultural chemical containers
disposed of by farmers (where the rimate is used as makeup
water in the tava<_mix 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 nmteriais
identified in 567-I35.2(455B), I.A.C. Underground storage
tamk 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 hearing oil for cousnmpfive use on the
premises where stored.
c. Residential septic tanks.
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 trap or associated gathering lines directly related to
oil or gas production and gathering opemtious.
i. A tank in an underground area such as a basement or mine, ix'
the tarE.: is on or above the surface of the floor.
j. Pipes connected to the above exclusions.
'"rani< type" means the material of consm~ction (steel, fiberg~2.ss
refrfforced plastic [FPP], or other [specify]), and any intemaI or
external protection such as a protective coating or wrapping, or
cathodic protection.
Identify the capacity in gallons and the substance stored in each
tank.
5. Private Burial Sites - "Private Burial Site" means one or
more ~raves containing human remains. For each site the
n-ansfe~or shall state the location of the site. For each decedent
buried on the proper~ the l~ansferor shall state all known
identi~'ing information of that decedent including nnme, date of
death, and date of birth.
6. Filing - The original of this form must be presented to tine
county recorder when the document to be recorded is filed. The
Recorder shall forward the original to the transferee when the
recorded ins~ment is returned. The recorder is not required to
keep any copies.
DNR t'onn l July 99)