Loading...
Rhomberg - Kimball St. SaleMEMORANDUM September 10, 2002 TO:The Honorable Mayor and City Council Members FROM:Michael C. Van Milligen, City Manager SUBJECT:Sale of Property along 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. Leisure Services Manager Gil Spence is recommending sale of the property as follows: Lot 1 is 107,150 sq. ft. and would be sold to C.R. Boats for $5,000; Lot 2 is 15,400 sq. ff. and would be sold to John Duccini for $3,850; and Lots 3 and 31A (Kimball Street vacated at the last City Council meeting) is 15,600 sq. ft. and would be sold to Mike Schmalz for $2,450. The terms of the land sale would include 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 Preparer: Laura Carstens. Plannin~ Services Mana(~er Address: 50 W. 13th Street. Telephone: 589-4210 RESOLUTION NO. 486-02 RESOLUTION APPROVING THE FINAL PLAT OF EAGLE POINT NO. 2 IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a final plat of Eagle Point No. 2 in the City of Dubuque, Iowa; and Whereas, said plat provides Lots 1, 2, 3 and 4 with 0 feet of lot frontage, where 60 feet of lot frontage is required; and Whereas, said final plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lots 1, 2, 3 and 4 to have 0 feet of lot frontage where 60 feet of lot frontage is required. Section 2. That the final plat of Eagle Point No. 2 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Attest: Jeanne F. Schneider, City Clerk Passed, approved and adopted this 16th day of September , 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk PREPARED BY: IIW ENGINEERS & SURVEYORS P.C, 4.155 PENNSYLVANIA AVE, DUBUQUE. IOWA, FINAL PLAT EAGLE POINT NO. 2 IN THE CITY OF DUBUQUE, IOWA DESCRIPTION: LOT 2-1-1, LOT 2-1-1-1, LOT 2-1-1-1-1, LOT 2-1-1-1-1-1 ALL OF MINERAL LOT 305A IN THE CITY OF DUBUQUE, IOWA AND 563.556.2464. LOT 1-1-1-1-1-1-1-ML 505A LOT 2-2-ML 305A S N 88%8'54" E E ACRES SQ. FT. LOT 1 2.450 106,7.35 LOt 2 0.587 16,844 LOT 5 0.214 9,332 LOT 4 1.259 53,980 TOTAL 4.290 186,889 L-1 S 21~11'02" E 67.75' L-2 S 04"27'52" W 59.95' L-$ S 56'06'55" E 55.45' L-4 S 20'55'08" E 68.95' L-5 S 54'32'41" E 78.69' L-6 S 00'02'27" E 21.64' LEGEND -- PLAT BOUNDARY FOUND 5/8" IRON ROD W/ PLASIlC · CAP NO. 12631 OR AS NOTED · FOUND 1" IRON PIPE UNLESS NOTED 0 SET 5/8" IRON ROD W/ PLASTIC CAP NO, 12631 (~ SET NAIL W/ WASHER NO. 12631 ( ) RECORD INFORMATION R.O.W. RIGHT-OF-WAY NOTE THIS SURVEY IS SUBJECT TO EASEMENTS, COVENANTS, SERVITUDES, RESERVATIONS, RESTRICllONS AND RIGHTS-OF-WAY OF RECORD AND NOT OF RECORD. ./ ~. 0 ~ O0 LOT 4- N 89'36'4'2" E /o ,- ~" 125.87' ' PI' / CAP / ~. LOT 1 , / 4 .o c~ / 12'52'150.58,5" W / / / ~ o / /N 89'42'22" W / 89'42'22" W 156,66' ~ / [ / LOT 2 $ ~ . O. ~ 2-~-5-~L 505A It~ ~-~-~-~-~-~-s-uc 3osn ML ~OBA I I I I NORTH GRAPHIC SCALE 100 200 (IN FEET) DRAWING MAY HAVE BEEN REDUCED SURVEYED FOR: CITY OF DUBUQUE PROPRIETOR: CITY OF DUBUQUE ,,,,,'"',, o,,w, 4 % ....- ...... ,,,...~ ~ --' JOHN M. '--. ~_ ~ TRANMER ~ ~:=_- ~oc. LS 126,31 "--.5" .............. I HEREBY CER3WY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARE]) AND 3HE RELA3ED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPER~SION AND THAT I AM A DULY UCENSED LAND SURVEYOR UNDER THE LAWS OF THE STA3~ OF IOWA. FOR IIW EN61NEERS AND SURVEYORS, P.C. UCE~ISE NO. 12651 MY UCENSE RENEWAL DA~E IS 12,/31/2002 DATE OF SURVEY: NOVEMBER 2001 llIW ENGINEERS & SURVEYORS, P.C. 4.155 Pennsylvania Ave. Dubuque, IA 52002 Guttenberc~, IA · Hozel Green, ~4 DRAWN SAr PLAT NO. 100-1A-01 CHECKED JMT PROJ. NO. 01006-10 DATE 12-19-01 SHEET 1 of 2 P: %01%006-I0%01006- IO~DWG~01006-10PLAT Page 2 of 2 SURVEYOR'S CERTIFICATE I, John M. Trenmer, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that the following real estate was surveyed by me or under my direct personal supervision, To Wit: Lot 2-1-1, Lot 2-1-1-1, Lot 2-1-1-1-1, and Lot 2-1-1-1-1-1 all in Mineral Lot 305A in the City of Dubuque, Iowa. This survey was performed for the purpose of dividing and platting said real estate henceforth to be known as Eagle Point No.2 in the City of Dubuque, I0wa containing 4.290 acres, more or less, and subject to easements, reservations, restrictions, and rights-of-way of record and not of record, the plat of which is attached hereto and made a part of this certificate. OWNER'S CONSENT , Iowa __, 20__ The foregoing final plat of Eagle Point No.2 in the City of Dubuque, Iowa, is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate. FOR THE CITY OF DUBUQUE, IOWA By. Terrance M. Duggan, Mayor By. Jeanne F. Schneider, City Clerk State of Iowa ) ) SSi County of Dubuque ) On this __ day of__, 20~ before me, a Notary Public in and for the County of Dubuque and State of Iowa, personally appeared Terranee M. Duggan and Jeanne F. Schneider, to me personally known who, being duly sworn did say that the said Terrance M. Duggan is Mayor and the said Jeanne F. Schneider is City Clerk of the City of Dubuque, Iowa, and that the seal affixed to the above instrument is the corporate seal of the City of Dubuque, Iowa, and that said instrument was signed and sealed on behalf of the said City of Dubuque, Iowa, by authority of the City Council of said city, and the said Terrance M. Duggan and Jeanne F. Schneider acknowledged the execution of said instrument to be the voluntary act and deed of said City of Dubuque, Iowa, by it voluntarily executed. Witness my hand and notarial seal on the date last above written. Notary Public in and for the Said County My Commission Expires City Assessor of Dubuque, Iowa Dubuque, Iowa COUNTY TREASURER 20 I, the undersigned, Eric Stierman, Treasurer of Dubuque County, Iowa, do hereby certify that all taxes levied against Lot 2-1-1, Lot 2-1-1-1, Lot 2-1-I-1-1, and Lot 2-1-1-1-1-1 all in Mineral Lot 305A in the City of Dubuque, Iowa have been paid and said real estate is free and clear of all taxes as of this date. Treasurer of Dubuque County, Iowa ATTORNEY'S OPINION Iowa L~ '7 20 TO WHOM IT MAY CONCERN This will certify that I have examined the abstract of title covering Lot 2-1-1, Lot 2-1-1-1, Lot 2-1-1-I-1, and Lot 2-1-1-1-1-1 all in Mineral Lot 305A in the City of Dubuque, Iowa according to the plats thereof covering the period from government entry to ~t~,3.13.2. C~D~--- certified on that date by /~--Lv.I ~3-'/~c~r and find that said abstract shows good and merchantable title to said real estate in ~ ~ ~Do~ U~c~_t__~i;2:o¥'a ~ free and clear of all liens and encumbrances and shows taxes paid including taxes for t~ , ~ OW- . Attorney At Law CITY ZONING COMMISSION Dubuque, Iowa ~~ 20___~'~. The foregoing plat in the City of Dubuque, Iowa, as appears on Sheet 1 of__ hereof, is hereby approved by the City of Dubuque Zoning Commission and~l of the City of Dubuque, Iowa, is hereby recommended. Chai~nan, Dubuque Zoning Commission CITY COUNCIL Dubuque, Iowa 20__ The undersigned, Mayor and Clerk of the City of Dubuque, Iowa, do hereby ccu'tify that the foregoing plat in the City of Dubuque, Iowa, as appears on Sheet 1 of__ hereof has been filed in the office of the Clerk of the City of Dubuque, and that by Resolution No. the Dubuque City Council approved said plat. Termnce M. Duggan Mayor of the City of Dubuque Jeanne F. Schneider Clerk of the City of Dubuque COUNTY AUDITOR Dubuque, Iowa The foregoing plat was entered of record in the office of the Dubuque County Auditor this day of__ ~ 20__. 20__ County Auditor of Dubuque County, Iowa CITY ASSESSOR Dubuque, Iowa The foregoing plat was entered of record in the office of the Dubuque City Assessor this day of~ 20__. 20__ City Assessor of Dubuque, Iowa CITY OF DUBUQUE, IOWA MEMORANDUM September 9, 2002 TO: Michael C. Van Milligen, City Manager FROM: Gil D. Spence, Leisure Services Manager SUBJECT: Sale of Property along Rhomberg Avenue INTRODUCTION The purpose of this memorandum is to request that the City Council adopt the attached resolution to dispose of City interest in Lots 1, 2, and 3 of Eagle Point No. 2 and Lot 31A of Eagle Point. 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 Jn 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. Ducoini 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 I 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. ACTION STEP The action requested is that the City Council adopt the attached resolution 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. 487-02 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 31A OF EAGLE POINT, LOT 1, LOT 2, AND LOT 3 OF EAGLE POINT NO. 2, 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 6th day of September, 2002, the City Council of the City of Dubuque, Iowa met on the 16th day of September, 2002, at 6:30 p.m. in the Public Library Auditorium, 360 West 11th Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate 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 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 1 of Eagle Point No. 2 in the City of Dubuque, Iowa to Clint V. Johnson, be and the same is hereby approved for the sum of $5,000.00, plus cost of publication, platting and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. That the sale of City of Dubuque real property described as Lot 2 of Eagle Point No. 2 in the City of Dubuque, Iowa to John Duccini, be and the same is hereby approved for the sum of $3,850.00, plus cost of publication, platting and filing fees. Conveyance shall be by Quit Claim Deed. Section 3. That the sale of City of Dubuque real property described as Lot 31A of Eagle Point and Lot 3 of Eagle Point No. 2 in the City of Dubuque, Iowa to Michael and Marlene Schmalz, be and the same is hereby approved for the sum of $2,450.00, plus cost of publication, platting and filing fees. Conveyance shall be by Quit Claim Deed. 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 Clint V. Johnson, John Duccini, and Michael and Marlene Schmalz upon receipt of the purchase price in full. page two 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 16th day of September ,2002. Terrance M. Duggan,Mayor Attest: Jeanne F. Schneider, CMC, City Clerk PK JAN. z,,2001 11:;5AM ~ '% '~ DW'1210N (95006-09) CITY OF uB~ ENu SUBD. OF M.L. 305A / / / NO, 00~9 P. ! / / / 1 CITY OF DUBUQUE, IOWA TO:Michael C. Van Milligen, City Manager FROM:Gil Spence, Leisure Services Manager SUBJECT:Vacating Petition - Kimball Street MEMORANDUM September 9, 2002 INTRODUCTION This is in response to a request from Michael Schmalz for the vacating of a part of Kimball Street west of Rhomberg Avenue. DISCUSSION The attached plat shows the proposed part of Kimball Street west of Rhomberg Avenue to be vacated. The abutting properties are owned by Michael Schmalz. The area to be vacated is divided into one lot numbered Lot 31A of Eagle Point. Lot 31A of Eagle Point is an existing 60-foot wide street on which no public utilities exist. The property has been valued at $1,650.00. RECOMMENDATION The City has no plans for the utilization of this part of Kimball Street west of Rhomberg Avenue to be vacated. I would recommend that the area indicated by Lot 31A of Eagle Point on the attached plat be vacated. Disposition of this property is part of the Rhomberg Avenue property sale agenda item. ACTION STEP The action requested is that the City Council adopt the attached resolutions approving plat of proposed vacated part of Kimball Street and vacating a part of Kimball Street. GDS:et attachments