Alley vacate Bryant & RamonaMEMORANDUM
March 3, 2003
TO:The Honorable Mayor and City Council Members
FROM:Michael C. Van Milligen, City Manager
SUBJECT:Vacating Petition for the Alley between Bryant and Ramona from
Mt. Loretta Avenue 148 Feet South
In response to a request from Dubuque Community Schools for vacating the alley
between Bryant and Ramona from Mt. Loretta Avenue 148 feet south, Public Works
Director Mike Koch states that the City has no plans for the utilization of the portion of
the alley to be vacated, except for reserving perpetual utility easements as noted, and
recommends approval of the request to vacate. It is further recommended that the
purchase pdce be established at the cost of platting, publication and filing fees, and as a
property trade, the dedication of a 10-foot strip along the south right-of-way line of Mt.
Loretta Avenue from Bryant Street to Ramona Street for street improvement widening.
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
Mike Koch, Public Works Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
March 3, 2003
TO:Michael C. Van Milligen, City Manager
FROM:Michael A. Koch, Public Works Director
SUBJECT:Vacating Petition for the Alley between Bryant and Ramona
From Mt. Loretta Avenue 148 Feet South
A request has been received from the Dubuque Community School District for
the vacating of the alley between Bryant and Ramona from Mt. Loretta Avenue
148 feet south.
The area to be vacated is divided into two lots numbered lA and Lot 3A in
Columbia Addition. This is an existing 16-foot wide alley on which public utilities
exist. Perpetual easement rights will be reserved on the entire area for
maintenance of the existing utilities.
The Engineering Division has negotiated with the School District for a trade of
property that is needed by the City to widen Mt. Loretta Avenue. Mrs. Janaan
Hanten desires to acquire the portion of the vacated alley that abuts her property.
This will be known as Lot 3A in Columbia Addition. The area of the vacated alley
is 2,360 square feet, while the proposed street dedication is approximately 2,010
square feet.
I recommend that the areas indicated by Lot lA and Lot 3A in Columbia Addition
in the City of Dubuque, Iowa, be vacated and that the purchase price be
established at the cost of platting, publication, and filing fees and the dedication
to the City of a 10-foot strip along the south right-of-way line of Mt. Loretta
Avenue from Bryant Street to Ramona Street, from the School District.
GP:vjd
Prepared by Ronald J. Turner, P.L.S.
MEMORANDUM
February 25,2003
TO:The Honorable Mayor and City Council Members
FROM:Michael C. Van Milligen,City Manager
SUBJECT:Vacating Petition for the Alley between Bryant and Ramona from
Mt. Loretta Avenue 148 Feet South
In response to a request from Dubuque Community Schools for vacating the alley
between Bryant and Ramona from Mt. Loretta Avenue 148 feet south, Acting Public
Works Director Gus Psihoyos states that the City has no plans for the utilization of the
portion of the alley to be vacated, except for reserving perpetual utility easements as
noted, and recommends approval of the request to vacate. It is further recommended
that the purchase price be established at the cost of platting, publication and filing fees,
and as a property trade, the dedication of a 10-foot strip along the south right-of-way
line of Mt. Loretta Avenue from Bryant Street to Ramona Street for street improvement
widening, and that a public h earing be set for March 17, 2003.
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
Gus Psihoyos, Acting Public Works Director
MEMORANDUM
February 24, 2003
TO:Michael C. Van Mitligen, City Manager
FROM:Gus Psihoyos, Acting Public Works Director
SUBJECT: Vacating Petition for the Alley between Bryant and Ramona
From Mt. Loretta Avenue 148 Feet South
INTRODUCTION
This is in response to a request from Dubuque Community Schools for the vacating of
the alley between Bryant and Ramona from Mt. Loretta Avenue 148 feet south.
DISCUSSION
The. attached plat shows the area of the proposed alley to be vacated. The abutting
properties are owned by Dubuque Community Schools and Janaan D. Hanten.
The area to be vacated is divided into two lots numbered Lot lA and Lot 3A in Columbia
Addition in the City of Dubuque, Iowa. This is an existing 16-foot wide alley on which
public utilities exist. Perpetual easement rights will be reserved on the entire area for
maintenance of the existing utilities.
The Engineering Division has negotiated a trade for property the School District
proposes to dedicate for the widening of Mt. Loretta Avenue for street improvements.
Mrs. Hanten abuts said Lot 3A and desires that portion of the proposed vacated alley in
cooperation with the Dubuque Community Schools' vacating request. The area of the
vacated alley is 2,360 square feet, while the proposed street'dedication is approximately
2,010 square feet.
RECOMMENDATION
The City has no plans for the utilization of the portion of the alley to be vacated, except
for reserving the utility easements as noted.
I would recommend that the areas indicated by Lot lA and Lot 3A in Columbia Addition
in the City of Dubuque, 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 March 17, 2003. I
would further recommend that the purchase price be established at the cost of platting,
publication and filing fees and the dedication of a 10-foot strip along the south right-of-
way line of Mt. Loretta Avenue from Bryant Street to Ramona Street..
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 properb' through adoption of the enclosed
resolutions and ordinance.
GP:ls
Prepared by Ronald J. Turner, P.L.S.
Vacate Map
Alley
Between Bryant and Ramona
Dubuque
Community
Schools
2300 ChaneF Road
Dubuque, Iowa 52001-3095
Ron Holm, CPA
Executive Director of
finance and Business and Services
Phone: 563/588-5110
Fax: 563/588-8377
December 2, 2002
Honorable Mayor and Members of the City Council
CiE/of Dubuque
50 West 13m Slzeet
Dubuque, Iowa 52001-4845
Dear Mayor Duggan and Members of the City Council:
RE: Request to Vacate City Property
The Dubuque Community School District hereby requests that the City of Dubuque
vacate and grant title to the Dubuque Community School District to a portion of City alley
abutting SchooI District property at 330 Bryant Street, 340 Bryant Street and 1280 Mt.
Loretta Avenue. A map oudining the location of the School District property and the
vacation request is attached for your convemence. The alley is not currently open as a
traveled way and the School District would use the vacated alley property for parking lot
construction and site improvements to serve Bryant Elementary School, which currently
has no off slzeet parking.
The District has contacted the Engineering Department in regard to the vacation
and understands that easements may need to be reserved for utilities across the vacated
parcel. We understand that the vacated area would need to be surveyed and platted at
District expense and fees paid for publication and filing requirements. In conjunction with
the parking lot improvements, a widening of Mt. Loretta Avenue adjacent to Bryant School
is being proposed in cooperation with the Engineering Deparunenr. The widening will
necessitate the need for additional fight of way for Mt. Loretta Avenue to be acquired from
the School District and it may be beneficial m the School District and the City of Dubuque
m cooperate in the exchange of properties to facilitate the construction of proposed
improvements ro enhance the safety for students and staff at Bryant School. These
changes would also be beneficial to parems and the general public who travel this area of
the City.
Page 2 ~ December 2, 2002
Pleme call the School District at 563/588-5110 if you have a.uy questions.
you for your consideration of this request.
Sincerely,
Ronald H. Holm
Executive Director o£
Finance and Business Services
mll4_/jms
Enclosures
Cc:
Michael Koch, City of Dubuque
Pub!2c Works Director
City of Dubuque Engineering
Bill ScbJ_ictrnan
Ron Turner
City of Dubuque Planning and Zoning
Guy Hemingwvay
Jim Kaune
IFC/Engimeers and Surveyors, PC
Requested Vacation
RESOLUTION NO.
RESOLUTION APPROVING PLAT OF PROPOSED VACATED
ALLEY BE'DWEEN BRYANT AND RAMONA FROM MT, LORETTA
AVENUE 148 FEET SOUTH
Whereas, there has been presented to the City Council of the City of
Dubuque, iowa, a plat dated 14th day of February, 2003, prepared by
Engineers & Surveyors, P.C., describing the proposed vacated alley between
Bryant and Ramona from Mt. Loretta Avenue 148 feet south: 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 14'n day of February, 2003. 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, repainng, owning, operating, and
maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines
as may be authorized by the City of Dubuque. Iowa, as shown on the Plat of
Survey of Lot lA and Lot 3A in Columbia Addition in the City of Dubuque,
Dubuque County, 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
,2003.
Attest:
Te~ance M. Duggan, Mayor
Jeanne F. Schneider, CMC, City Clerk
PLAT OF SURVEY
LOT lA AND LOT 3A
IN COLUMBIA ADDITION
ORDINANCE NO.
ORDINANCE VACATING THE ALLEY BE'rWEEN BRYANT AND
RAMONA FROM MT. LORETTA AVENUE 148 FEET SOUTH
Whereas, Dubuque Community Schools has requested the vacating of the
alley between Bryant and Ramona from Mt. Loretta Avenue 148 feet south; and
Whereas, I1W Engineers & Sdrveyors, P.C., has prepared and submitted
to the City Council a plat Showing the vacated portion of the alley between Bryant
and Ramona from Mt. Loretta Avenue 148 feet south and assigned lot numbers
thereto, which hereinafter shatl be known and described as Lot tA and Lot 3A in
Coiumbia Addition in the City of Dubuque, Dubuque County, Iowa;
Whereas, the City Council of the' city of Dubuque, Iowa has determined
that the alley' between Bryant and Ramona from Mt. Loretta Avenue 148 feet
south is no longer required for public use, except for utility easements as noted,
and vacating of said portions of the 'alley between Bryant and Ramona from Mt.
Loretta Avenue 148 feet south known as Lot lA and Lot 3A in Columbia Addition
in the City of Dubuque, Dubuque County, Iowa, should be appEoved.
NOW THEREFORE, BE iT ORDAINED BY THE CITY COUNCIL OF THE
CiTY OF DUBUQUE, IOWA:
Section 1. That the real estate described as Lot lA and Lot 3A in
Columbia 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 thereto, for the purpose of erecting,
installing, constructing, reconstructing, repairing, owning, operating, and
maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines
as may be authorized by the City of Dubuque, Iowa as shown on the Plat of
Survey of Lot lA and Lot 3A in Columbia Addition. in the City of Dubuque,
Dubuque County, Iowa.
Passed, approved and adopted this
day of ,2003.
Attest:
Terrance M Duggan, Mayor
Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO.
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN
Lot lA AND LOT 3A IN COLUMBIA ADDITION IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, the Dubuque Community Schools has requested the vacating
the alley between Bryant and Ramona from Mt. _oretta Avenue 148 feet south;
and
Whereas, llW Engineers & Surveyors, P.C., has prepared and submitted
to the City Council a plat showing the vacated portion of the alley between Bryant
and Ramona from Mt. Loretta Avenue 148 feet south and assigned lot numbers
thereto, which hereinafter shall be known and described as Lot lA and Lot 3A in
Columbia Addition in the City of Dubuque, Dubuque County, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has determined
that this alley between Bryant and Ramona from Mt. Loretta Avenue 148 feet
south 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 lA and
Lot 3A in Columbia 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 lA and Lot 3A in Columbia Addition in the City of Dubuque, Dubuque County,
iowa.
Section 2. That the conveyance of Lot tA in Columbia Addition in the
City of Dubuque, Dubuque County, Iowa, to the Dubuque Community Schools be
contingent upon the payment of platting, publication, filing fees, and the
dedication of a 10-foot strip along the south right-of-way line of Mt. Loretta
Avenue from Bryant Street to Ramona Street.
Section 3. That the conveyance of Lot 3A in Columbia Addition in the
City of Dubuque, Dubuque County, Iowa, to Janaan D. Hanten be at no cost.
Section4. 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, t.v. cable, and electric lines
as may be authorized by the City of Dubuque, Iowa as shown on the ~lat of
Survey of Lot lA and Lot 3A in Columbia Addition in the City of Dubuque,
Dubuque County, Iowa.
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
,2003.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
Prepared by Ron Turner, Land Surveyor, City Hall - 50 West 13u~, Dubuque, IA
52001, (563) 589-4270
RESOLUTION NO. 92-03
RESOLUTION DISPOSING OF CITY INTEREST IN LOT IA AND
LOT 3A~ IN COLUMBIA 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 general cimulation
published in the City of Dubuque, Iowa on March 7, 2003, the City Council of the
City of Dubuque, Iowa met on March 17, 2003, at 6:30 p.m. in the Public Library
Auditorium, 360 West 11th Street, Dubuque, Iowa to consider the proposal for the
sale of real estate described as:
Lot lA and Lot 3A in Columbia 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 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 lA in Columbia Addition in the City of Dubuque, Dubuque County, Iowa, to
Dubuque Community Schools be and the same is hereby approved for the cost
of publication, platting, filing fees, and the dedication of a 10-foot strip along the
south right-of-way line of Mt. Loretta Avenue from Bryant Street to Ramona
Street. Conveyance shall be by Quit Claim Deed.
Section 2. That the sale of City of Dubuque real property described as
Lot 3A in Columbia Addition in the City of Dubuque, Dubuque County, Iowa, to
Janaan D. Hanten be and the same is hereby approved. Conveyance shall be by
Quit Claim Deed.
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, construction, reconstructing, repairing, owning, operating, and
maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines
as may be authorized by the City of Dubuque, Iowa as shown on the Plat of
Survey of Lot lA and Lot 3A in Columbia Addition in the City of Dubuque,
Dubuque County, Iowa.
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 Dubuque Community Schools and Janaan D.
Hanten upon receipt of the pumhase price in full.
Section 5. That the City Clerk be and is hereby authorized and directed
to record a certified copy of this resolution in the office of the City Assessor,
Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 17th day of Mamh, 2003.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (319) 589-4270
Address Tax Statement: Dubuque Community School District, 2300 Chaney Road, Dubuque, IA 52001-3095
QUIT CLAIM DEED
The City of Dubuque, Iowa, a municipal corporation of Dubuque County, Iowa, for good and
valuable consideration, does hereby Quit Claim unto:
Dubuque Community School District
2300 Chaney Road
Dubuque, lA 52001-3095
all its rights, title, and interest in the following described real estate situated in Dubuque
County, Iowa, to-wit:
Lot lA in Columbia 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 Survey of Lot IA and Lot 3A of Columbia Addition in the City of Dubuque,
Dubuque County, Iowa.
No declaration of value is required according to iowa Code Section 428A,1.
Deeds with a consideration of 9500.00 or less are exempt from transfer tax. Iowa Code
Sec. 428A. 1.
This deed is given pursuant to the authority of Resolution No. of the City of
Dubuque, adopted , 2003, the terms and conditions thereof, if any, having
been fulfilled.
Signed this day of ,2003.
CITY OF DUBUQUE, IOWA
By:
Terrance M. Duggan, Mayor
Attest:
By:
Jeanne F. Schneider, CMC, City Clerk
STATE OFIOWA
DUBUQUE COUNTY
)
) ss
)
On this __ day of ,2003, 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 authorit,) 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 , 2003; 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.
REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT
Please read the filing instructions on the reverse side BEFORE completing this form.
PART !- TO BE COMPLETED BY TRANSFEROR
(Please Type or Print Legibly)
TR--~NSFEROR Name
Address
TIL&NSFEREE Name
City of Dubuque
50 W. 13th Street
Dubuque 6cranunity School District
Dubuoue. IA 52001-4864
Address 2300 Chaney Road
Dubuque, IA 52001-3095
Address of Properly Transferred
Legal Description of Property
Lot lA in Columbia Addition in the City of Dubuque, Dubuque County, Iowa
1. Wells (check one) ~J There are no known wells situated on this property.
~ There is a weli or wells situated on this property. The type(s), location(s) mad legal status are stated below.
2. Solid Waste Disposal (cheek one) ~ There is no known solid waste d/xposal site on this property.
~ There is a so/id w~ste fllsposal site on this property, but no notice has been received from the Department of Natural Resources that the
site is deemed to be potentially baT~dons.
D There is a solid waste disposal site on tkis property which has been deemed to be potentially hazardous by the Department of Natural
Resources. The location(s) of the site(s) is stated below.
3. Hazardous Wastes (check one) [] There is no k~o~ra hazardous waste on this property.
D There is hazardous waste on this property and it i~ being managed in accordance with Department of Natural Resources roles.
4. Underground Storage Tan'ks [check one)
fl There are no known under~otmd storage tank~ on th/s proper37. CNote exclusions such as small farm and residential motor fuel
most heating oil tanks, cisterns and septic tanks, in instructions.)
~ There is an under~ound storage tank or tanks on th/s property. The type(s), size(s) and any known substance(s) contained are de~cTibet
below.
5. Private Burial Site (check one)
mt There are no known private burial sites on this property.
U. There is a private burial site on this property. The location(s) of the site(s] is stated below. The known identifying haformafion of the
decedent is stared below.
Information. if any, requked by statements checked above:
Anachment for Additional Informa~on? y/~) If so. number of pages
I HEREBY DECL.aLRE THAT THE INFOR~MATION CO~NTAINED IN PA2R. T I OF THIS STATEMENT IS TRUE AND CORRECT
Signature: ,/~/~,z~ _ Telephone Number: __(563)_ 589-4270
............... = .... Michael A. I~,' ~blic hbrks Directo~- ·
P.4aRT II -TO BE COMPLETED BY RECORi)ER
Dare o f Recording
Deed 121 Contract
Bookq. D.
Page/LD.
City or Tow'aship
County
DNR fom~ [July 99) FILE ~,¥q[TH RECORDER
(See Instruction #6)
INSTRUCTIONS FOR COMPLETING GROUNDWATER HAZARD STATEM~ENT
The transferor of real property is required to complete Part I oft. his
form. The purpose of the statement is to satisfy legal requirements
for filing instruments of conveyance of real property with the
county recorder (Iowa Code Section 558.69). The Department of
Natural Resources does not approve or disapprove of property
transfers based on these statements. The statement must be signed
by one of the persons transferring the property interest or that
person's agent. An agent signing this form represents the
information from transferor to be correct.
For the most parr the information requested is clear (name,
address, etc.). One statement under each of the numbered items
(I, 2. 3, -~ and 5) must 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 I. Relate the
additional information to the specific category of facility (well,
etc.) by numbering it with the .c.grrespondin8 number (I, 2, 3, 4,
5). If additional space is needed, type or prim it legibly on a
separate sheet or sheets, complete the statements at the end of Pan
I and attach the additional information to all copies of the form.
x,~en describing the location of a facility on the property, be
reasonably precise, such as a specific distance and general
direction from a landmark or comer of the property. A
professional survey is not necessary. The following defuaitinns are
for use in completing ~e form.
1. Wells - A "well" is any excavatton that is drilled, cored, bored,
at/gered, washed, driven, dug, jetted or otherwise constracted for
accesslng groundwater or for diverting surface water into the
ground, including abandoned wells. "Well" does not include an
open ditch or drainage tiles which discharge rc the surface.
Ifa '.','ell 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 I59.29, respectively, must be
stated. An "abandoned ;veil" is a ',,,'eli no longer in use or in such
state of disrepair that continued use is unsafe or impracticable.
Abandoned wells are to be properly plugged in accordance with
chapter 39 of the mles of the Department of Natural Resources.
(567 Iowa AdmSnistratlve Code, Chapter 39)
3. Hazardous Wastes - "Hazardous waste" is defmed in Iowa
Code section 455B.4I I. 567--141.2 (455B), I.A.C., and federal
regulations referenced therein. It is generally del-mod as waste
that poses a threat to human health or the envkomment. 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 soil as
fertilizers or soil conditioners, agricultural chemicals applied or
disposed of by a farmer in accordance with the manufacturer's
instructmns, triple-rinsed agricultural chemical containers
disposed of by farmers (where the rinsare is used as makeup
;vater in the tankmix and applied at appropriate rates), and other
specific materials. Persons are legally required to be aware of
hazar'tous waste laws.
4. Underground Storage Tanks - "Underground storage tank"
means one or a combination of tanks, including underground
piping counected to the tanks, used to contain an accumulation of
regulated substances, and the volume of which is I0 percent or
more beneath the surface of the ground. "Regulated substances"
include petroleum products and hazardous or toxic materials
identified in 567--I35.2(455B), I.A.C. Underground storage
tank does not include:
a. Farm or residential tanks of 1,I00 gaL!on~ 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
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 wastewarer collection system.
g. A flow-through process
h. 'A liquid trap or associated gathering lines directly related to
oil or gas production and gathering operafioas.
i. A tank in an underground area such as a basement or mine, if
the tank is on or above the surface of the floor.
j. Pipes connected to the above exclusions.
An "agricultural drainage well" is a well constructed for the
purpose of draining, or which drains, water from agricultural land
to an aquifer (underground), excluding drainage tile intakes which
outlet to the surface. Agricultural drainage wells are required to
be registered with the deparrmem by September 30. 1988, and the
owner of the well and of the land drained by the well are ro
develop a plan proposing alternatives to the use of the ,.vel] by
July 1, 1998 (See Iowa Code Section 159.29.)
2. Solid Waste - "Solid waste" means garbage, refuse, rubbish
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),
Iowa Administrative Code (LA.CO for further definitions. A
"disposal site" is any area on the property on. tn. or under which
solid waste has been disposed, whether or not tee disposal ~s or
was regulated by the department
If the transferor or agent has not received notice from the
Deparrmem of Natural Resources that the disposal site has been
deemed to be potentially hazardous there is no duty to inqmre io
the department.
"Tank type" means the material of construction (steel. fiberglass
reinforced plastic [FPP], or other [specify]), and any internal or
¢xtemat 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 Bur/al Site" means one or
more graves containing human remains. For each site the
transferor shall state the location of the site. For each decedent
buffed on the property the transferor shall state all known
identifying information 6f that decedent including name, date of
death, and date of birth.
6. Filing - The original of this form mnsr be presented to the
counLS' recorder when the document to be recorded is filed. The
Recorder shall forward the original to the transferee when the
:ecorded instrument is returned. The recorder is not required to
~eep any copies. --
*Note The land application of s!udges or soils resulting from the
remediation o~' underground storage tank releases accomplished in
comphance with Department of Natural Resources rotes without a
permit is not required to be reported as the disposal of solid waste
or hazardous waste. /See Iowa Code Section 558.69)
DNR form (July 99)
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (319) 589-4270
Address Tax Statement: Janaan D. Hanten, 350 Bryant Street, Dubuque, IA 52003
QUIT CLAIM DEED
The City of Dubuque, Iowa, a municipal corporation of Dubuque County, Iowa, for good and
valuable consideration, does hereby Quit Claim unto:
Janaan D. Hanten
350 Bryant Street
Dubuque, IA 52003
all its rights, title, and interest in the following described real estate situated in Dubuque
County, Iowa, to wit:
Lot 3A in Columbia 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 Survey of Lot lA and Lot 3A of Columbia Addition in the City of Dubuque,
Dubuque County, Iowa.
No declaration of value is required according to Iowa Code Section 428A.1.
Deeds with a consideration of (~500.00 or less are exempt from transfer tax. Iowa Code
Sec. 428A.1.
This deed is given pursuant to the authority of Resolution No. of the City of
Dubuque, adopted , 2003, the terms and conditions thereof, if any, having
been fulfilled.
Signed this day of ,2003,
CITY OF DUBUQUE, IOWA
By:
Terrance M. Duggan, Mayor
Attest:
By:
Jeanne F. Schneider, CMC, City Clerk
STATE OF IOWA
DUBUQUE COUNTY
)
) ss
)
On this __ day of , 2003, 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 , 2003; 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.
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)
TRAxNSFEROR Name Cit~ of Dubuque
Address 50 W. 13th Street
TtL~NSFEREE Name
Janaan D. Hanten
Dubuque, iA 52001-.4864
Zip
Address 350 Brya~ Street
Dubuque, IA 52003
Address of Property Trausferr_ed
Legal Description of Property
Lot 3A in Colu~oia Addition in the City of Dubuque, Dubuque County, Iowa
1. Wells (check one) ~ There are no known wells situated on tbJs property.
~ There/s 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) ~ There is no known solid waste disposal site on this property.
~ There is a solid waste dLs-posal site on this property, but no not/ce has been received from the Department of Natural Resources tMt the
sire is deemed to be potentially ba?ardous ....
El There is a so[id waste disposal site on this property which has been deemed to be potentially hazardous by the Deparmaent of'Naa,mol
Resources. The location(s) of the site(s) is stated below.
3. Hazardous Wastes (check one) ~ There is no lc~o~m hazardous waste on this property.
[] There is hazardous waare on th/s property and it is being managed in accordance with Department of Natural Resources roles.
4. Underground Storage Tanks (check one)
~ There are no .known uztder~ound storage tanks on this propercy. (Note exclusious such as small farm and residential motor fuel mai<s,
most heating oil terdcs, cisterns and septic t~-lc% in instructions.)
G There is an tmder~otmd storage tank or tanks on th/s proper,ry. The type(s), sLze(s) and any know'n substance(s) contained are d~c'ribet
below'.
5. Private Burial Site (cheek one)
,:il There are no knovca private burial sites on this propertT.
[] There is a private burial site on this property. The Iocat/on(s) of the site(s) is stated below. The known identifying information of the
decedem ~s stared below.
information, if any, required by statements checked above:
Attachment for Additional Information? YIn) If so. number of pages
I HEREBY DECLAP-.E THAT THE INFORiMATION CONTAINED IN PART I OF THIS STATEMENT IS TR~ ~ND CO--CT
" ............. ~"" aichael A. Kmh. ~blic ~rks Dir~or
P.~T II- TO BE COMPLETED BY ~CO~ER
Date of Recording
Book/I.D.
City or To~rnship _
Page~.D.
Deed gl Contract [] County
DNR form (luly 99) FILE WITH RECORDER
(See Instruction #6)
INSTRUCTIONS FOR COMPLETING GROUNDWATER HAZARD ST~kTEMENT
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 insmamenrs of conveyance of real property with the
county recorder (Iowa Code Section 558.69). The Department of
Natural Resources does not approve or disapprove of property
transfers based on these statements. The statement must be signed
by one of the persons transferring the property interest or that
person's agent. An agent s~gning this form represents the
information from transferor to be correct.
For the most parr the information requested is clear (name,
address, etc.). One statement under each of the numbered items
(1. 2, 3, .:z and 5) must 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 I Relate the
additional information ro the specific category of facility (well,
otc ) by numbering it with the .c_orresponding number [I, 2, 3, 4,
5). if additional space is needed, t3hoe or print it legibly on a
separate sheet or sheets, complete the statements at the end of Part
I and attach the additional information to ali copies of the form.
When describing the location of a facility on the properly, be
reasonably precise, such as a specific distance and general
direction from a landmark or corner of the property. A
professional survey is not necessary'. The following de£mitions are
for use in completing the form.
1. Wells - A ";veil" is any excavation that is dr/lied, cored, bored,
au'gered.' washed, driven, dug, jetted or otherwise constructed for
accessing ground'~vater 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.
Ifa ,.,,'eli is an "abandoned ,,veil" or an "agricultural drainage well,"
this must be identified and the slams of the well with respect to
Iowa Code sections 455B.190 and 159.29. respectively, must be
stated. An "abandoned ,,veil" is a well no longer in use or in such
state of disrepair that continued use ts 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 Adm/nis~ative Code, Chapter 39)
3. Hazardous Wastes ~ "Hazardous waste" is del'met), in Iowa
Code section 455B.41 I, 567-141.2 (455B), I.A.C., and federal
regulatinns 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 26I). EXCLUDED are
household wastes, agricultural was[es returned to the soil as
fertilizers or soil conditioners, agricultural chemicals applied or
disposed of by a farmer in accordance with the manufacturer's
instructions, topic-rinsed agriculturaI chemical containers
disposed of by farmers (where the rimare is used as makeup
wa:er in the tankmix and applied at appropriate rares), 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 lard, s, 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. "Re=malated substances"
include petroleum products and hazardous or toxic materials
identified in 567--135.2(455B), I.A.C. Underground storage
tamk does not include:
a. Farm or residential tanks of 1,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
prerrdses where stored.
c. Residential septic tanks.
d. Pipeline facilities regulated by state or federal law.
e. A surface imponndment, pit pnnd, 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 tamk in an under~ound area such as a basement or rmne, if
the tank is on or above the surface of the floor.
j. Pipes connected to the above exclusions.
An "agricultural drainage well" is a well constructed for the
purpose of draining, or which drains, water from agricultural land
tu an aquifer (underground), excluding drainage tile intakes which
outler to the surface. Agricultural drainage wells are required to
be registered with the deparla'nent by September 30, 1988, and the
o',*,mer of the well and of the 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 X, Vaste - "Solid waste" means garbage, refuse, rubbish
and other similar discarded solid or semisolid materiaI. 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),
Iowa Administrative Code (I.A.C.) for further del'tuitions. A
"disposal site" is any area on the property on. tn. or under which
solid waste has been disposed, whether or not the disposal ts or
was regulated by the department.
If the transferor or agent has not received notice from the
Department of Natural Resources that the disposal she has been
deemed to be potentially hazardous, there is no duty to inqmre [o
the deparrmem.
"Tank r/pc" means thc material of construction (steel, fiberglass
reinforced plastic [FPP], 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 thc substance stored in each
tank.
5. ?rivate Burial Sites - "Private Burial Site" means one or
more graves comaming 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 known
identifying information of that decedent including name, date of
death, and date of birth
6. Filing - The original of this form must be presented ro the
coun~ recorder when the document to be recorded is filed. The
Recorder shall lo,yard the original to the transferee when the
:ecorded instrument ts returned. The recorder is not required to
keep any cop~es. --
*h'ote The land application of s!udges or soils resulting from the
remediatinn of underground storage tank releases accomplished in
compliance with Department of Natural P-.esources roles without a
permit is not required to be reported as the disposal of solid waste
or hazardous waste. (See Iowa Code 8ectinn 558.69)
DNR form (July 99) s~-0,~o
RESOLUTION NO. 74-03
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN
Lot lA AND LOT 3A IN COLUMBIA ADDITION IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, the Dubuque Community Schools has requested the vacating
the alley between Bryant and Ramona from Mt. Loretta Avenue 148 feet south;
and
Whereas, llW Engineers & Surveyors, P.C., has prepared and submitted
to the City Council a plat showing the vacated portion of the alley between Bryant
and Ramona from Mt. Loretta Avenue 148 feet south and assigned lot numbers
thereto, which hereinafter shall be known and described as Lot lA and Lot 3A in
Columbia Addition in the City of Dubuque, Dubuque County, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has determined
that this alley between Bryant and Ramona from Mt. Loretta Avenue 148 feet
south 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 lA and
Lot 3A in Columbia 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 lA and Lot 3A in Columbia Addition in the City of Dubuque, Dubuque County,
Iowa.
Section 2. That the conveyance of Lot lA in Columbia Addition in the
City of Dubuque, Dubuque County, Iowa, to the Dubuque Community Schools be
contingent upon the payment of platting, publication, filing fees, and the
dedication of a 10-foot strip along the south right-of-way line of Mt. Loretta
Avenue from Bryant Street to Ramona Street.
Section 3. That the conveyance of Lot 3A in Columbia Addition in the
City of Dubuque, Dubuque County, Iowa, to Janaan D. Hanten be at no cost.
Section4. 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, t.v. cable, and electric lines
as may be authorized by the City of Dubuque, Iowa as shown on the Plat of
Survey of Lot lA and Lot 3A in Columbia Addition in the City of Dubuque,
Dubuque County, Iowa.
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 March ,2003.
~,/41'eanne F. Schneider, CMC, Ci-(y C
RESOLUTION NO.
RESOLUTION DISPOSING OF CITY INTEREST IN LOT IA AND
LOT 3A IN COLUMBIA ADDITION IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA
Whereas, pursuant to resolution and published notice of time and place of
headng, published in the Telegraph Herald, a newspaper of general cimulation
published in the City of Dubuque, Iowa on ,2003, the City
Council of the City of Dubuque, Iowa met on the ,2003, at
6:30 p.m. in the Public Library Auditorium, 360 West 11m Street, Dubuque, Iowa
to consider the proposal for the sale of real estate described as:
Lot iA and Lot 3A in Columbia 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 lA in Columbia Addition in the City of Dubuque, Dubuque County, Iowa, to
Dubuque Community Schools be and the same is hereby approved for the cost
of publication, platting, filing fees, and the dedication of a 10-foot strip along the
south right-of-way line of Mt. Loretta Avenue from Bryant Street to Ramona
Street. Conveyance shall be by Quit Claim Deed.
Section 2. That the sale of City of Dubuque real property described as
Lot 3A in Columbia Addition in the City of Dubuque, Dubuque County, Iowa, to
Janaan D. Hanten be and the same is hereby approved. Conveyance shall be by
Quit Claim Deed.
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, construction, reconstructing, repairing, owning, operating, and
maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines
as may be authorized by the City of Dubuque, Iowa as shown on the Plat of
Survey of Lot lA and Lot 3A in Columbia Addition in the City of Dubuque,
Dubuque County, Iowa.
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 Dubuque Community Schools and Janaan D.
Hanten upon receipt of the purchase pdce in full.
Section 5. That the City Clerk be and is hereby authorized and directed
to record a certified copy of this resolution in the office of the City Assessor,
Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this day of
.,2003.
Terrance M. Duggan,.Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk