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Ransdell, M, Easement AgreementMEMORANDUM December 5, 2003 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Mary Ransdell v. City of Dubuque At the December 1, 2003 City Council meeting, the City Council approved a Settlement Agreement between the City and Mary Ransdell, providing, in part, that the City would convey to Ms. Ransdell by Quit Claim Deed, part of the public alley north of her property where her home encroaches in the alley. The City also agreed to grant her a revocable permit to allow her to continue certain other encroachments in the West 7th Street right- of-way. In return, Ms. Ransdell agreed to grant to the City an easement for public access to the West 7t~ Street steps, which we discovered are partially located on her property. Corporation Counsel Barry Lindahl recommends City Council approval of the necessary documents to execute the Settlement Agreement, and setting a public hearing for January 5, 2004. 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, Assistant City Engineer Mike Koch, Public Works Director Barry A. Lindahl, Esq. Corporation Counsel Suite 330, Harbor View Place 300 Main Street Dubuque, Iowa 52001-6944 (563) 583~1113 office (563) 583-1040 fax balesq@cityofdubuque.org December 8, 2003 Mr. Michael Van Milligen City Manager City Hall - City Manager's Office 50 West 13th Street Dubuque, IA 52001 RE: Mary Ransdell vs. City of Dubuque Dear Mike: At the December 1, 2003 City Council meeting, the City Council approved a Settlement Agreement between the City and Mary Ransdell. Mary Ransdell is the owner of a home at 582 West 7th Street. Her home is not currently connected to public sanitary sewer which is located in West 7th Street. The Settlement Agreement provided in part that the City would convey to Ms. Ransdell by Quit Claim Deed part of the public alley north of her property where her home encroaches in the alley. The City also agreed to grant her a revocable permit to allow her to continue certain other encroachments in the West 7[n Street right-of-way. In return, Ms. Ransdell agreed to grant to the City an easement for public access to the West 7th Street steps which we discovered are partially located on her property. Attached are the necessary documents to execute the Settlement Agreement. The plats show the proposed areas to be vacated and conveyed to Ms. Ransdell as well as the area for the easement for the West 7th Street steps. Because the City is disposing of its interest in real property, the disposition of the property must be set for public headng. Very sincerely, BAL:tls Attachment cc: Gus Psihoyos, Assistant City Engineer Jennifer Clemens-Conlon, Esq. Service People Integrity ResponsibiJity Innovation Teamwork AG REEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MARY RANSDELL WHEREAS, Mary Ransdell (Ransdell) is the owner at the property at 583 West 7th Street; and which is not currently connected to the public sanitary sewer; and WHEREAS, a dispute has arisen between the City of Dubuque (City) and Ransdell with respect to the connection of the property at 583 West 7th Street to the public sanitary sewer in West 7th Street; and WHEREAS, the parties now desire to resolve the dispute upon the terms and conditions set forth herein. Now, therefore it is agreed by and between the parties as follows: City will convey by Quit Claim Deed to Ransdell the portion of the public alley shown on Exhibit A attached hereto subject to the requirements of law with respect to the disposition of public property. After the City has made ever reasonable effort to convey by Quit Claim Deed to Ransdell the portion of the public alley shown on Exhibit "A" attached hereto, subject to the requirements of law and with respect to the disposition of public property, and upon it being determined that such conveyance cannot occur, the City will grant to Ransdell a permanent perpetual easement for the Ransdell encroachments into the 20-foot wide public alley, which include the driveway, porch and deck. Further, the City will grant to Ransdell a permanent perpetual easement over and across the 20- foot wide public alley for installation and maintenance of the Ransdell connection to the public sanitary sewer. Concurrent with the conveyance contemplated in Paragraph 1 above, Ransdell will grant to City a permanent public access easement for access to the City steps shown on Exhibit A. City will agree to defend, indemnify and hold harmless Ransdell from and against any and all claims of any kind which adse out of the public use of the easement area. City will agree to maintain at its sole expense the easement area. 3. City will grant to Ransdell a revocable permit for the various items that are shown on Exhibit A to be located in the right-of-way on West 7th Street. City will waive the total charge for the connection of the Ransdell sewer to the public sanitary sewer, which City estimates to be $2,250.00, but whatever the charge is will be waived by the City. Ransdell will at her cost connect to the City sanitary sewer in West 7th Street and make every reasonable effort to do so within ninety (90) days of the date of this Agreement, but in no event later than June 1, 2004. Ransdell will dismiss the pending lawsuit, Mary Ransdell vs. City of Dubuque, with prejudice immediately upon execution and approval of this Agreement by both parties. This Agreement shall be subject to final approval by the City of Dubuque City Council. By: ·/s/ Mary Ransdell CITY OF DUBUQUE, IOWA /s/ Michael C Van Milligen, City Manager Dated the 2nd day of December, 2003. Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 Address Tax Statement: Mary H. Ransdel(, 583 West 7th Street, Dubuque, IA 52001 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: Mary H. Ransdell 583 West 7t~ Street Dubuque, IA 52001 all its right, title, and interest in the following described real estate situated in Dubuque County, Iowa, to-wit: Lot 15A in Hill Street Addition and Lot 27A in Coriell's Dubuque in the City of Dubuque, Dubuque County, Iowa No declaration of value is required under Iowa Code Section 428A.2(6): grantor ~s an Iowa munmipality. This deed ~s 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 Terrance M Duggan, Mayor A~e~: 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; that this Deed is given by the authority of its City Council by Resolution No. of the City Council on the day of 2003; and Terrance M. i)uggan and Jeanne F. Schneider acknowle(~ged 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. Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13~ Street, Dubuque, IA 52001 (563) 589-4270 GRANT OF EASEMENT For good and valuable consideration, the receipt whereof is hereby acknowledged, Mary H. Ransdell 583 West 7th Street Dubuque, IA 52001 of Dubuque County, State of Iowa, for herself, her heirs and assigns, does hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, a municipal corporation, its agents and contractors, in perpetuity, from the date hereof, an easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Lot 16 in Hill Street Addition in the City of Dubuque, Dubuque County, Iowa 10 feet in width as shown on the attached Exhibit A, for the purpose of constructing, reconstructing, repairing and maintaining public steps of the City of Dubuque Iowa, located thereon and for public access thereto and use thereof. The City of Dubuque agrees to defend, indemnify and hold harmless Mary H. Ransdell, her heirs and assigns, from and against any and all claims of any kind that arise out of the public use of the easement areas. The City of Dubuque further agrees to maintain at its sole expense the easement area. To have and to hold unto the said City of Dubuque, Iowa, forever, and the undersigned does hereby expressly covenant that she is the owner in fee of said real estate and has good dght to execute this agreement, and that the City of Dubuque, its agents or contractors, shall at all times have free access to and egress from and over said real estate to construct, reconstruct, repair and maintain said public steps located thereon. Dated at Dubuque, Iowa this day of ,2003. Mary H. Ransdell STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this day of , 2003 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Mary H. Ransdell to me known to be the identical person(s) named in and who executed the within anc~ foregoing instrument, to which this is attached, and acknowledged that she executed the same as her voluntary act and deed. Notary Public In and For Said State Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. 512-03 RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF A PUBLIC ALLEY IN CORIELL'S DUBUQUE Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 26th day of November, 2003, prepared by the City of Dubuque, describing the proposed vacated portion of a public alley in Coriell's Dubuque; 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 the 26th day of November, 2003, prepared by the City of Dubuque, 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. 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. 2003. Passed, approved and adopted this 1 5th day of December , Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ~,d'eanne F. Sch~-e~der, CMC, City Clerk Prepared by: The City of Dubuque, 50 West 13th Street. Dubuque Iowa 52001, 563-589-4270 PLAT OF SURVEY LOT 27A IN CORIELL'S DUBUQUE THE CITY OF DUBUQUE, DIJ BUQUE COUNTY, IA. 40. GRAPHIC SCALE 0 20 40 N FEET I INCH = 40' 80 NORTH vo~ ¢ Lot 2-28 \ LOT AREA NOTES LEGEND PAGE I OF 4 PROPERTY LINE (THIS SURVEY) FONRR IRON ROD WITH I~ RED PLASTIC CAP #9651 UNLESS OTHERWISE NOTED (100.00) RECORDED DIMENSION OR BRG. PLACED 5/8" RENAR W/RED L~ pLASTIC CAP #9651 PLATIEU PROPERT~ [] PLACED CUT "X" IN CONCRETE [] FOUND CUT "X" tN CONCRETE C'ATH: F:\MAPS\PLAT OF SURVEY - CORIELL'~ DUBUQUE 27A SURVEYOR'S CERTIFICATE I, Ronald J. Tumer, licensed land surveyor in the State of Iowa, do hereby certify that the following tract of real estate was surveyed and platted by me or under my direct supervision, to wit: A part of a public alley in Codell's Dubuque, in the City of Dubuque, Dubuque County, Iowa, more particularly described as follows: Commencing at a point of reference at the Northeast corner of Lot 2 of the West ~ of Lot 29 in Codell's Dubuque, in the City of Dubuque, Dubuque County, Iowa, said point being the point of beginning; Thence S68° 16' 38" W 125.00-feet along the Southerly line of a public alley to the Northwest comer of Lot 2 of 27 of said Codell's Dubuque (this is an assumed bearing for this description only); Thence N 22° 15' 22" W 20.00-feet to the Southwest comer of Lot 52 of said Codell's Dubuque; Thence N 68° 16' 38" E 125.00-feet along the Northerly side of a public alley to a point; Thence S 22° 15' 22" E 20.O0-feet to the point of beginning. The above described pamel was surveyed and platted for vacating purposes; the plat of which is attached hereto and made a part of this certificate; contains 2500 acres, more or less, and is subject to easements of record and not of record and shall herein after be known as Lot 27A of Coriell's Dubuque in the City of Dubuque, Dubuque County, Iowa. All monuments were found or placed as shown on the attached plat. In w. it~ness ~,)/hereof, I have hereunto signed and affixed my seal this ~ ~ day of/3¢~/~',~'''', 2003. _--tu.- RONALD J. _- CITY OF DUBUQUE 45,onald J. Turner Iowa License No. 9651 Page 2 of 4 OWNER'S CONSENT The foregoing plat of survey of Lot 27A of Cofieli's Dubuque in the City of Dubuque, Dubuque County, iowa is made with the frae consent and in accordance with the desire of the undersigned owners an~ proprietors of said real estate. By: .F~/~'~"'~"~e Te~mce I~1. Duggan, Ma~?r, Cit~/~ul~uqu ~c~ne F. Schneider, City Clerk, City of Dubuque City of Dubuque ) State of Iowa ) ss: County of Dubuque ) On this/'~/z'~ day o~,'.,'/~×/z~.~Z', 2003, before me, the undersigned, a Notary Public ~n 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 the City Clerk respectively, of the City of Dubuque, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporation seal of said corporation, by the authority of its City Council. as '-""*o;"'"~w..._...v_ ..;". r~.,4;v. ~..._..v.. ..... ..v.~'" of thc r.:~......~ cf ~-.-.-,--~,-'-r~"~' ...... .-......."'^'~- cf ~. passed by Resolution of the C~ty Council under Resolution No..~/¢¢ of the City Council on the/¢'~ day o1~¢.~.~Z¢.*~-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. My Commission Expires 4/24/05 /s/ Karen M. Chesterman Notary Public In and For the State of Iowa Page 3 of 4 PLANNING SERVICES Dubuque, Iowa ~<:7~ . \-') ,2003 The foregoing Plat of Survey of Lot 27A of Codell's Dubuque in the City of Dubuque, Iowa, has been reviewed by the City Planner, or designee, of the City of Dubuque in accordance with Chapter 42 of the City of Dubuque Code of Ordinances, and said approval has been endorsed herein on the date first wdtten above. "~o'~,,:~,A~r& ~" '" Laura Carstens Planning Services Division City of Dubuque, Iowa CITY ASSESSOR Dubuque, lowa ,2003 The foregoing Plat of Survey of Lot 27A of Coriell's Dubuque in the City of Dubuque, Dubuque County Iowa, was entered of record in the office of the Dubuque City Assessor this day of .2003. Rick Engelken City Assessor of Dubuque County, Iowa COUNTY AUDITOR Dubuque, Iowa ,2003 The foregoing Plat of Survey of Lot 27A of Codell's Dubuque, in the City of Dubuque, Dubuque County, Iowa was entered of record in the office of the Dubuque County Auditor this day of .2003. Denise M. Dolan County Auditor of Dubuque County. Iowa Page 4 of 4 Prepared by: Rona[d J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. 513-03 RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF A PUBLIC ALLEY IN HILL STREET ADDITION Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 26th day of November, 2003, prepared by the City of Dubuque, describing the proposed vacated portion of a public alley in Hill Street Addition; and VVhereas, 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 the 26th day of November, 2003, prepared by the City of Dubuque, 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. 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. 2003. Passed, approved and adopted this 15th day of December' .~'eanne F. Schneider, CMC, City Clerk Prepared by: The City of Dubuque, 50 West 13th Street, Dubuque Iowa 52001,563-589-4270 PLAT OF SURVEY LOT 15A AND LOT 16A IN HILL STREET ADDITION IN THE CiTY OF DUBUQUE. DUBUQUE COUNTY, iA. GRAPHIC SCALE 1 INCH = 40' NORTH LOT 15A 6 Lot 16 BEG NNING LOT 16A PAGE 1 OF 5 MAG NAIL Lot 2-28 Lot 2-27 ~ LOT AR~S Lot 15A = 1292 Sq, Lot 16A = 3968 Sq, ~ ~B~¢ NOTES LEGEND PROPERTY LINE [THIS SURVEY) FOUND IRON ROD WITH PATH: F:\MAPS~PLAT OF SURVEY - HILL STREET ~.DD]TION SURVEYOR'S CERTIFICATE I, Ronald J. Turner, licensed land surveyor in the State of Iowa, do hereby certify that the following tract of real estate was surveyed and platted by me or under my direct supervision, to wit: A part of a public alley in Hill Street Addition, in the City of Dubuque, Dubuque County, Iowa, more particularly described as follows: Lot 15A Hill Street Addition Commencing at a point of reference at the Southwest comer of Lot 16 of Hill Street Addition in the City of Dubuque, Dubuque County, Iowa; Thence N 24° 44' 51" E 124.06-feet along the Southeasterly line of a public alley and Northwesterly line of said Lot 16 in said Hill Street Addition to the point of beginning (this ~s an assumed bearing for this description only); Thence N65° 15' 09" W 10.00-feet to a point; Thence N 24° 44' 51" E 79.20-feet to a point; Thence N 29° 07' 10" E 36.03-feet to the Southwest corner of Lot 52 of Coriell's Dubuque in the City of Dubuque, Iowa; Thence S 22° 15' 22" E 30.00-feet to a point on the Westerly line of Lot 2 of 27 of Codell's Dubuque; Thence S 68° 16' 38' W 21.33-feet along the Southerly line of a public alley in Hill Street Additon; Thence S 24° 44' 51 ~ W 79.20-feet along the Southeasterly line of said public alley to the point of beginning, containing 1292 square feet, more or less, and shall hereinafter be known as Lot 'I5A of Hill Street Addition in the City of Dubuque, Dubuque County, Iowa. Lot 16A Hill Street Addition Commencing at a point of reference at the Southwest comer of Lot 16 of Hill Street Addition in the City of Dubuque, Dubuque County, Iowa,said point being the point of beginning; Thence S 68° 16' 38' W 29.04-feet along the Northerly dght of way line of W. 7th Street extended Southwesterly to a point of intersection with the Page 2 of 5 Northwesterly line of a 20-foot wide public alley (this is an assumed bearing for this description only); Thence N 24° 44' 51" E 272.12-feet along said Northwesterly line to a point of intersection with the Westedy line of Lot 52 of Coriell's Dubuque in the City of Dubuque, Iowa; Thence S 22° 15' 22" E. 17.43-feet along said Westerly line to the Southwest comer of said Lot 52; Thence S 29° 07' 1 O' W 36.03-feet to a point; Thence S 24° 44' 51' W 79.20-feet to a point; Thence S 65° 15' 09" E 10.00-feet to a point of intersection with the Southeasterly line of a public alley in Hill Street Addition; Thence S 24° 44' 51" W 124.06-feet along the Southeasterly line of said public alley to the point of beginning, containing 3968 square feet. more or less, and shall hereinafter be known as Lot 16A of Hill Street Addition in the City of Dubuque, Dubuque County, Iowa. The above described pameis were surveyed and platted for vacating purposes; the plat of which is attached hereto and made a part of this certificate; and is subject to easements of record and not of record. All monuments were placed as shown on the attached plat. In witness whereof I have hereunto signed and affixed my seal this ~,~' day of ~. 2003 "."~/% J;;ITY OF DUBUQUE =_o~. TURNER .'o~ %%-A' " ......... ' ;A'~ ,~ (~/' 15,onald ,~. Turner %~,, I OW ~,,,~ Iowa License No. 9651 OWNER'S CONSENT The foregoing plat of survey of Lot 15A and Lot 16A of Hill Street Addition in the City of Dubuque, Dubuque County, Iowa is made with the free consent and in Page 3 of 5 accordance with the desire of the undersigned owners and proprietors of said real estate. ~__/~nne F. Schneider, City Clerk, City of Dubuque City of Dubuque ) State of Iowa ) ss: County of Dubuque ) On this/'~'Y~ day oV~,~¢~'.-¢~ 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 the City Clerk respectively, of the City of Dubuque, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporation seal of said corporation, by the authority of its City ~)rdir~qcmes, passed by Resolution of the City Council under Resolution No. ~-/_~-G3 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. My Commission Expires Notary Public In and For the State of Iowa J ,.,~'~,~% JY~REN M. CHESTERMAN ! .~' I MY COMMISSION EXPIRESm · I I Page 4 of 5 PLANNING SERVICES Dubuque, Iowa ~q, t~ ,2003 The foregoing Plat of Survey of Lot 15A and Lot 16A of Hill Street Addition in the City of Dubuque, iowa, has been reviewed by the City Planner, or designee, of the City of Dubuque in accordance with Chapter 42 of the City of Dubuque Code of Ordinances, and said approval has been endorsed herein on the date first wdtten above, f-~ Laura Carstens Planning Services Division City of Dubuque, Iowa CITY ASSESSOR Dubuque, Iowa ,2003 The foregoing Plat of Survey of Lot 15A and Lot 16A of Hill Street Addition in the City of Dubuque, Dubuque County Iowa, was entered of record in the office of the Dubuque City Assessor this day of ., 2003. Rick Engelken City Assessor of Dubuque County, Iowa COUNTY AUDITOR Dubuque, Iowa ,2003 The foregoing Plat of Survey of Lot 15A and Lot 16A of Hill Street Addition, in the City of Dubuque, Dubuque County, Iowa was entered of record in the office of the Dubuque County Auditor this day of .2003. Denise M. Dolan County Auditor of Dubuque County, Iowa Page 5 of 5 Prepared by: Ronald J. Turner, Cit~ of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. RESOLUTION DISPOSING OF CITY INTEREST IN LOT 15A IN HILL STREET ADDITION AND LOT 27A IN CORIELL'S DUBUQUE IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA VVhereas. 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 day of ,2003, the City Council of the City of Dubuque, Iowa met on the day of ,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: Lot 15A in Hill Street Addition and Lot 27A in Coriell's Dubuque in the City of Dubuque, Dubuque County, Iowa VVhereas, 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 15A in Hill Street Addition and Lot 27A in Coriell's Dubuque in the City of Dubuque, Iowa to Mary H. Ransdell be and the same is hereby approved for the grant of easement for Hill Street Steps on Lot 16 in Hill Street Addition. Conveyance shall be by Quit Claim Deed. Section 2. 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 Mary H. Ransdell upon receipt of the Grant of Easement for Hill Street Steps on Lot 16 in Hill Street Addition. Section 3. 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. 2003. Passed, approved and adopted this day of Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13t~ Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 514-03 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 15A IN HILL STREET ADDITION AND LOT 27A IN CORIELL'S DUBUQUE IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Mary H. Ransdell has requested the vacating of a portion of a public alley north of West 7th Street; and ' Whereas, the City of Dubuque has prepared and submitted to the City Council a plat showing the vacated portion of a public alley north of West 7th Street and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 15A in Hill Street Addition and Lot 27A in Corietl!s Dubuque in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this alley is no longer required for public use, and vacating and sale of said portions of alleys known as Lot 15A in Hill Street Addition and Lot 27A in Coriell's Dubuque 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 15A in Hill Street Addition and Lot 27A in Coriell's Dubuque in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot 15A in Hill Street Addition and Lot 27A in Codell's Dubuque in the City of Dubuque, Iowa to Mary H. Ransdelt be contingent upon the grant of easement for Hill Street Steps on Lot 16 in Hill Street Addition. Section 3. 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 15th Attest: ~_//Oeanne F. Schneider, CMC, City Clerk dayof December ,2003, TUg i5:08 FAX ~ BAF~¥ LINDAHL ~003/003 4O EXHIBIT A EASEMENT FOR PUBLIC STEPS OVER LOT 16 IN HILL STREET ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, iA. GRAPHICo ~ SCALE4o ~o . o~(3~' cO~-~-~ L~ 2-27 Lot 15 4 Lot 16 ^~ so. Fr. LEIIF. ND ~/RO03 TUE 15:08 FAX -~-*-3- BARRy LIb!DAEL PLAT OF SURVEY LOT 15A AND LOT 16A IN HILL STREET ADDITION IN THE CiTY OF DUBUQUE, DUBUQUE COUNTY, iA. 4O GRAPHIC SCALE o 20 ~o (IN r~&l } 2-27 pomrt O~ L~ 2-2B LOL 16 PA{3E 1 OF s lOT ABEAS NOTES LEGEND PaOPES~' UI~ Cmls suRvlrq u2/~005 TT..~ FAX -~-+-~ BARRY LINDAtIL ~001/003 PLAT OF SURVEY LOT 27A IN CORIELL'S DUBUQUE IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IA. gRAPHIC SCALE 40 o 20 40 NORTH LOt 16 L~ 3.27 L~t'15 LOT AREA ftOTES LEGEND © ru~c~ s/a- samm w/~e [] FO'gNP ~JT ~' IN COJ~REiT PAGE 1 OF 4 MEMORANDUM December 5, 2003 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Mary Ransdell v. City of Dubuque At the December 1, 2003 City Council meeting, the City Council approved a Settlement Agreement between the City and Mary Ransdell, providing, in part, that the City would convey to Ms. Ransdell by Quit Claim Deed, part of the public alley north of her property where her home encroaches in the alley. The City also agreed to grant her a revocable permit to allow her to continue certain other encroachments in the West 7th Street right- of-way. In return, Ms. Ransdell agreed to grant to the City an easement for public access to the West 7~h Street steps, which we discovered are partially located on her property. Corporation Counsel Barry Lindahl recommends setting a public hearing for January 5, 2004 to convey to Ms. Ransdell by Quit Claim Deed, part of the public alley north of her property where her home encroaches in the alley. 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, Assistant City Engineer Mike Koch, Public Works Director Barry A. Lindahl, Esq. Corporation Counsel Suite 330, Harbor View Place (563) 5834113 office (S63) 583-1040 fax baIesq@cityof dubuque.org December 8, 2003 Mr. Michael Van Milligen City Manager City Hall - City Manager's Office 50 West 13th Street Dubuque, iA 52001 RE: Mary Ransdell vs. City of Dubuque Dear Mike: At the December 1, 2003 City Council meeting, the City Council approved a Settlement Agreement between the City and Mary Ransdell. Mary Ransdell is the owner of a home at 582 West 7th Street. Her home is not currently connected to public sanitary sewer which is located in West 7th Street. The Settlement Agreement provided in part that the City would convey to Ms. Ransdell by Quit Claim Deed part of the public alley north of her property where her home encroaches in the alley. The City also agreed to grant her a revocable permit to allow her to continue certain other encroachments in the West 7th Street right-of-way. In return, Ms. Ransdell agreed to grant to the City an easement for public access to the West 7th Street steps which we discovered are partially located on her property. Attached are the necessary documents to execute the Settlement Agreement. The plats show the proposed areas to be vacated and conveyed to Ms. Ransdell as well as the area for the easement for the West 7th Street steps. Because the City is disposing of its interest in real property, the disposition of the property must be set for public hearing. Very sincerely, BAL:tls Attachment cc: Gus Psihoyos, Assistant City Engineer Jennifer Clemens-Conlon, Esq. Service People Integrity Respor~ibiiib/ l~zaovation Teamwork