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
/
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/
NO, 00~9 P.
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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