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Rhomberg disposal of propertyMEMORANDUM August 27, 2002 TO:The Honorable Mayor and City Council Members FROM:Michael C. Van Milligen, City Manager SUBJECT: Sale of PropertyAIong Rhomberg Avenue The City has been approached by individuals interested in purchasing property located along the 2700 block of Rhomberg Avenue between the bluff and the properties on the west side of Rhomberg Avenue, under Eagle Point Park. It was determined that the property has no value to the park or to the City. A drawing of the property is attached. Lot 1 is 107,150 sq. ft. and would be sold to C.R. Boats for $5,000; Lot 2 is 15,400 sq. ft. and would be sold to John Duccini for $3,850; and Lot 3 is 8,400 sq. ft., Kimball street is 7,200 sq. ft. and would be sold to Mike Schmalz for $2,450. This recommendation is completely contingent on City Council approval of the rezoning of this property. Leisure Services Manager Gil D. Spence is recommending adoption of a resolution of intent to dispose of City interest in Lots 1, 2 and 3 of Eagle Point No. 2 and Lot 31A of Eagle Point, and that a public hearing be set for September 16, 2002. Gil further recommends that the City would not be responsible for rocks and other items falling from the bluff, and the City would not be responsible for water runoff from the bluff. 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 Gil D. Spence, Leisure Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM August 27, 2002 TO: Michael C. Van Milligen, City Manager FROM: Gil D. Spence, Leisure Services Manage SUBJECT: Sale of Property along Rhomberg Avenue INTRODUCTION The purpose of this memorandum is to request that the City Council adopt the attached resolution of intent to dispose of City interest in Lots 1, 2, and 3 of Eagle Point No. 2 and Lot 31A of Eagle Point and set a public hearing for September 16, 2002, on the sale of the property. BACKGROUND This property is located along the 2700 block of Rhomberg Avenue between the bluff and the properties on the west side of Rhomberg Avenue, under Eagle Point Park. In 1995, Mr. John Duccini (2705 Rhomberg Avenue) contacted me asking to purchase this property. He and son Tom had purchased the Old Eagle Point Fun Land property and he wanted to purchase this City property to enlarge his property. His neighbor, Mike Schmalz (2701 Rhomberg Avenue) was interested in purchasing the property adjacent to his to expand his business, since he had used this property for years. When the request was made, I did not realize this was City owned land and was actually a part of the Eagle Point Park boundaries. The property has no value to the park or to the City so I continued to discuss the possible sale to Mr. Duccini and Mr. Schmalz. At this time the City wanted to consider moving the water distribution operation to this location so my discussions with Mr. Duccini and Mr. Schmalz were halted. After it was determined not to move the water distribution operation to this location, discussions reopened with Mr. Duccini, Mr. Schmalz and Mr. Clint Johnson who had purchased part of Mr. Duccini's property for his business, C.R. Boats, Inc. continued sale of property along Rhomberg page two DISCUSSION A drawing of this property is attached. Lot 1 is 107,150 sq. ft. and would be sold to C.R. Boats; Lot 2 is 15,400 sq. ft. and would be sold to John Duccini; Lot 3 is 8,400 sq. ft., Kimball Street is 7,200 sq. ft. and would be sold to Mike Schmalz; Lot 4 would remain City property. The following is a summary of the offers made for each of the parcels: Lot 1 107,150 sq. ft. C.R. Boats $5,000 Lot 2 15,400 sq. ft. Duccini $3,850 Lot 3 and Kimball Street 15,600 sq. ft. Schmalz $2,450 All three property owners agree to split the cost of the survey, and the following two conditions of sale. Staff recommends that the City Council approve these two conditions to be included in the deeds that the Corporation Counsel will prepare. · The City would not be responsible for rocks and other items falling from the bluff. · The City would not be responsible for water runoff from the bluff. In separate actions, staff has requested City Council action to rezone these lots prior to the sale and to vacate this portion of Kimball Street. ACTION STEP The action requested is that the City Council adopt the attached resolution of intent to dispose of city interest in Lots 1, 2, and 3 of Eagle Point No. 2, and Lot 31A of Eagle Point. GDS:et attachments Preparer: Gil D. Spence Address: 2200 Bunker Hill Rd Phone: (563) 589-4263 RESOLUTION NO. 456-02 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 31A OF EAGLE POINT, LOT 1, LOT 2, AND LOT 3 OF EAGLE POINT NO. 2, DUBUQUE, IOWA Whereas, Clint Johnson, John Duccini, and Michael Schmalz have requested the vacating and purchase of City property; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated portion of Kimball Street west of Rhomberg Avenue and unused land of Eagle Point Park and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 31A of Eagle Point, Lot 1, Lot 2, and Lot 3 of Eagle Point No. 2 in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that these parcels are no longer required for public use, and vacating and sale of said lands known as Lot 31A of Eagle Point, Lot 1, Lot 2, and Lot 3 of Eagle Point No. 2 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 31A of Eagle Point, Lot 1, Lot 2, and Lot 3 of Eagle Point No. 2 in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot 1 of Eagle Point No. 2 in the City of Dubuque, Iowa, to Clint Johnson be contingent upon the payment of $5,000.00, plus platting, publication and filing fees. Section 3. That the conveyance of Lot 2 of Eagle Point No. 2 in the City of Dubuque, Iowa, to John Duccini be contingent upon the payment of $3,850.00, plus platting, publication and filing fees. Section 4. That the conveyance of Lot 3 of Eagle Point No. 2 and Lot 31A of Eagle Point in the City of Dubuque, Iowa, to Michael Schmalz be contingent upon the payment of $2,450.00, plus platting, publication and filing fees. page two 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 3rd day of September ,2002. _______________________ Terrance M. Duggan, Mayor Attest: ____________________________ Jeanne F. Schneider, City Clerk PK Preparer: GJ[ D. Spence Address: 2200 Bunker Hill Rd Phone: (563) 589-4263 RESOLUTION NO. RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 31A OF EAGLE POINT, LOT 1, LOT 2, AND LOT 3 OF EAGLE POINT NO. 2, DUBUQUE, IOWA Whereas, Clint Johnson, John Duccini, and Michael Schmalz have requested the vacating and purchase of City property; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated portion of Kimball Street west of Rhomberg Avenue and unused land of Eagle Point Park and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 31A of Eagle Point, Lot 1, Lot 2, and Lot 3 of Eagle Point No. 2 in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that these parcels are no longer required for public use, and vacating and sale of said lands known as Lot 31A of Eagle Point, Lot 1, Lot 2, and Lot 3 of Eagle Point No. 2 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 31A of Eagle Point, Lot 1, Lot 2, and Lot 3 of Eagle Point No. 2 in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot 1 of Eagle Point No. 2 in the City of Dubuque, Iowa, to Clint Johnson be contingent upon the payment of $5,000.00, plus platting, publication and filing fees. Section 3. That the conveyance of Lot 2 of Eagle Point No. 2 in the City of Dubuque, Iowa, to John Duccini be contingent upon the payment of $3,850.00, plus platting, publication and filing fees. section 4. That the conveyance of Lot 3 of Eagle Point No. 2 and Lot 31A of Eagle Point in the City of Dubuque, Iowa, to Michael Schmalz be contingent upon the payment of $2,450.00, plus platting, publication and filing fees. page two 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. _______________________ Terrance M. Duggan, Mayor Attest: _______________________________ Jeanne F. Schneider, CMC, City Clerk PK FINAL PLAT EAGLE POINT NO. 2 IN THE CITY OF DUBUQUE, IOWA DESCRIPTION: LOT 2-t-1, LO'T 2-1-1-1, LOT 2-1-1-1-1, AND LOT 2-1-1-1-1-1 ALL OF MINERAL LOT 305A IN THE CITY OF DUBUQUE, IOWA NOTE THIS SURVEY IS SUBJECT TO EASEMENTS. COVENANTS, SERVITUDES, RESERVATONS, RESTRICTONS AND RIGHTS--OF--WAY OF RECORD AND NOT OF RECORD., DATE OF SURVEY: NOVEMBER 2001 JAN. 29.2001 11:16AM CITY OF DB©-ENG DIV'~s~oN (95006-09) NO. 0~)39. ?. ~'F.,X PK NAIL SUBD. OF M.L 505A / CO.