Zalaznik, vacate RR St, CentreMEMORANDUM
May 28, 2003
TO:The Honorable Mayor and City Council Members
FROM:Michael C. Van Milligen, City Manager
SUBJECT:Vacating Petition - Railroad Street in Centre Grove Addition
A request has been received from Flint Drake, representing the estate of Edward J.
Zalaznik, to vacate Railroad Street in Centre Grove Addition.
A petition to vacate Railroad Street was recorded on June 13, 1882, and signed by the
property owners. This area of Railroad Street has been considered vacated for many
years. However, no record has been found of the actual approval of the vacating or
transfer of title of the proposed vacated area. This action will clarify the vacating issue
and remove the City of Dubuque from any title issue that may exist in association with
the Zalaznik Trust.
Public Works Director Mike Koch states that the City has no plans for the utilization of
Railroad Street in Centre Grove Addition, except for reserving the utility easements as
noted, recommends approval of the request to vacate for a purchase price to be
established at the cost of platting, publication and filing fees.
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
Michael A. Koch, Public Works Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
May 27, 2003
TO:Michael C. Van Milligen, City Manager
FROM:Michael A. Koch, Public Works Director
SUBJECT:Vacating Petition - Railroad Street in Centre Grove Addition
A request has been received from Flint Drake, representing the estate of Edward
J. Zalaznik, to vacate Railroad Street in Centre Grove Addition.
This area was platted in 1857 and recorded in Book S, Page 60. A petition to
vacate Railroad Street was recorded on June 13, 1882, and signed by the
property owners. This area of Railroad Street has been considered vacated for
many years. However, no record has been found of the actual approval of the
vacating or transfer of title of the proposed vacate area. The following ordinance
and resolutions will clarify the vacating issue and remove the City of Dubuque
from any title issue that may exist in association with the Zalaznik Trust.
The City does not have plans for the utilization of Railroad Street in Centre Grove
Addition, except for reserving the utility easements as noted.
I would recommend approval of the request to vacate two lots numbered Lots
21A and 22A of Centre Grove in the City of Dubuque, Dubuque County, Iowa. I
would further recommend that a quit claim deed be issued to the Edward J.
Zalaznik Trust and that the vacating be established at the cost of platting,
publication, and filing fees.
MAK:vjd
Prepared by Ronald J. Turner, P.L.S.
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO. 190-03
RESOLUTION DISPOSING OF CITY INTEREST IN LOTS 2tA AND 22A
OF CENTRE GROVE 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 this 23rd day of May, 2003,
the City Council of the City of Dubuque, Iowa met on the 2nd day of
June , 2003, 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:
Lots 21A and 22A of Centre Grove 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
Lots 21A and 22A of Centre Grove in the City of Dubuque, Dubuque County,
Iowa to the Edward J. Zalaznik Trust dated June 15, 1999, be and the same is
hereby approved for the cost of publication, platting and filing fees. Conveyance
shall be by Quit Claim Deed.
Section2. 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 sanitary sewer lines as may be authorized by the City of Dubuque,
Iowa as shown on the Plat of Survey of Lots 21A and 22A of Centre Grove in the
City of Dubuque, Dubuque County, Iowa.
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 the Edward J. Zalaznik Trust dated June 15,
1999, upon receipt of the purchase price 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
2003.
Terrance M. Duggan, Mayor
Attest-
Jeanne F. Schneider, CMC, City Clerk
2nd
day of June ,
Prepared by D. Flint Drake, KANE, NORBY & REDDICK, P.C., 2100 Asbury P,x~ad, Suite 2, Dubuque, IA 52001 563/582-7980
Space Above This Line for Resider
Address Tax Statement: Edward J. Zalaznik Estate, 3338 Center Grove Drive, Dubuque, IA 52003
QUIT CLAIM DEED
For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the CITY
OF DUBUQUE, IOWA, does hereby Quit Claim to the EDWARD J. ZALAZNIK TRUST DATED JUNE
i5, i999, all of its right, title, interest, estate, clalra and demand in the following described real estate in
Dubuque County, Iowa:
Lot 2lA and Lot 22A of Centre Grove in the City of Dubuque, Iowa,
EXEMPT FROMREAL ESTATE TRANSFER TAX/CONSIDERATION IS $500.00 ORLESS PURSUANT
TO IOWA CODE SECTION 428A.2(11)(1997).
The undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to
the real estate.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or
plural number, and as masculine or feminine gender, according to the context.
Dated:
By_
CITY OF DUBUQUE, IOWA
Its Mayor
By_
Its City Clerk
STATE OF IOWA )
)
COUNTY OF DUBUQUE )
On this ___ day of _, 2003, before me, a Notary Public in and for the State of Iowa,
personally appeared and to me personally known, and,
who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of
Dubuque, Iowa; that the seal affmed to the foregoing instrument is the corporate seal of the corporation, and
that the instmmant was signed and sealed on behalf of the corporation, by authority of its City Council, as
contained in Ordinance No. .Passed (the Resolution adopted) by the City Council, under Roll Call No.
__ of the City Council on the day of ., 2003 and that and
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 the State of Iowa
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
(PleaseTypeorPrintLegibly)
TRANSFEROR Name City of Dubuque
Address 50 W. 13th Stweet
Dubuque IA 52001 -4864
City, Town or P.O. State Zip
TRAJNSFEREI~ Name The Edward J. Zalaznik Trust dated June 15, 1999
Address 3338 Center Grove Dubuque IA 52003
Address of Properpj Transferred NA
LegatDescriptiouofPropeny Lots 21A and 22A of Centre Grove in the City of Dubuque,
Dubuque County, Iowa
1. Wells (check one) ~ There are no known wells sitmited on this property.
2 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) ~1 There is no known solid waste disposal site on this property.
[] There is a solid waste disposal site on this property, but no notice has been received from the Department of Natural Resources that the
site is deemed to be potentially hazardous.
[] There is a solid waste disposal site on this property wh/ch 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) X] There is no known hazardous waste on this property.
[] There is hazardous waste on this property and it is being managed in accordance with Department of Natural Resources roles.
4. Underground Storage Tanks (check one)
~ There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks,
most heating off tanks, cisterns and septic tanks, in instructions.)
[] There is an underground storage tank or tanks on this proper~y. The type(s), size(s) and any known substance(s) contained are described
below.
5. Private Burial Site (check one) 1~ There are no known private burial sites on this property.
[] There is a private burial site on this properw. The location(s) of the site(s) is stated below. The known identifying information of the
decedent is stated below.
Information, if any, required by statements checked above:
Attachment for Additional Information? Y / N If se, number of pages
I HEREBY DECLARE THAT THE INFORMATION CONTAINED IN PART 1 OF TI-IlS STATEMENT IS TRUE AND CORRECT
l* ...... Age~0- ivlicnael A. Koch, Public works uirecLor
PART 1I - TO BE COMPLETED BY RECORDER
Date of Instrument Book/I.D. Page/I.D.
Date of Recording City or Township
Deed [] Contract · County
DNR form (July 99) FILE WITH RECORDER s4z-oo~
(See Inslraction #6)
INSTRUCTIONS FOR COMPLETING GROUNDWATER HAZARD STATEMENT
The transferor of real property is requLred to complete Part I of this
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 part the information requested is clear (name,
address, etc.). One statement under each of the numbered items
(1, 2, 3, 4 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 ;vith the corresponding number (1, 2, 3, 4,
5). If additional space is needed, type 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 ail copies of the form.
When 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 proper[y. A
professional survey is not necessary. The following definitions are
for use in completing the form.
1. Wells - A "well" is any excavation that is drilled, cored, bored,
augered, washed, driven, dug, jetted or otherw/se constructed for
accessing groundwater or for diverting surface water into the
ground, including abandoned wells. "Well" does not include an
open ditch or drainage files which discharge to the surface.
If a well 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 159.29, respectively, must be
stated. An "abandoned well" is a well 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 roles of the Department of Natural Resources.
(567 Iowa Administrative Code, 'Chapter 39)
3. Hazardous Wastes - "Hazardous waste" is de£med in Iowa
Code s~ction 455B.411, 567--141.2 (455B), I.A.C., and federal
regulations referenced therein. It is generally defined as waste
that poses a threat to human health or the envkoument. It
includes wastes which are ign/table, 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
instructions, triple-rinsed agricultural chemical containers
disposed of by farmers (where the rinsate is used as makeup
water in the tankmix and applied at appropriate rates), and other
specific materials. Persons are legally required to be aware of
hazardous waste laws.
4. Underground Storage Tanks - "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 winch is I0 percent or
more beneath the surface of the ground. "Regulated substances"
include petroleum products and hazardous or toxic materials
identified in 567--135.2(455B), I.A.C. Underground storage
tnnk 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 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 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 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 t6 the above exclusions.
An "agricultural drainage welt" 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 requked to
be registered with the department 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 ;veil 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 nor
include dirt, stone, brick, or similar inorganic material used for fill.
as tong as no other solid waste is included. See 567--100.2(455B),
Iowa Administrative Code (I.A.C.) for further de£mifions. A
"disposal site" is any area on the property on, in, or under which
solid waste has b~een disposed, ;vhether or not the disposal is or
was regulated by the dep~ent.
If the transferor or agent has not received notice from the
Department of Natural Resources that the disposal site has been
deemed to be potentially hazardous, there is no duty to inquire to
the department.
"Tank type" means the 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 the substance stored in each'
tank.
5. Private Burial Sites - "Private Burial Site" means one or
more graves containing 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 to the
county recorder when the document to be recorded is ~ed The
Recorder shall forward the original to the transferee when the
recorded instrument is returned. The recorder is not required to
keep any cop~es.
*Note The land application of sludges or soils resulting from the
rernediation of underground storage tank releases accomplished in
compliance with Deparmaent of Namrai Resources roles without a
permit is not required to be reported as the disposal of solid waste
or hazardous';vaste. (See Iowa Code Section 558.69)
DNR form (July 99)