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Ransdell, M, dispose Hill St prMEMORANDUM December 22, 2003 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Vacating Petition -A Portion of A Public Alley North of West 7th Street At the December 15, 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 7th Street steps, which we discovered are partially located on her property. Corporation Counsel Barry Lindahl recommends conveyance 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 Michael A. Koch, Public Works Director MEMORANDUM December 16, 2003 TO: FROM: SUBJECT: Michael C, Van Milligen, City Manager Gus Psihoyos, Assistant City Engineer ~ ~ Vacating Petition - A Portion of A Public Alley North of West 7th Street On December 15, 2003, the City Council approved the Settlement Agreement between the City and Mary Ransdell. As part of the Agreement, the City agreed to convey to Ms. Ransdell by Quit Claim Deed, part of the public alley north and west of her property where her home encroaches into 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 the City an easement for public access to the West 7th Street steps, which are partially located on Lot 16 of Hill Street Addition of her property. I recommend that the public hearing be held on the disposal and conveyance of the City's interest in those portions of pUblic alley described as Lot 15A in Hill Street Addition and Lot 27 in Corieli's Dubuque. CC: Michael A. Koch, Public Works Director Ronald J. Turner, PLS Mary H. Ransdell, 583 West 7th Street Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. 19-04 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 Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 19th day of December, 2003, the City Council of the City of Dubuque, Iowa met on the 5th day of January, 2004. 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 Codell's Dubuque 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 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. Passed, approved and adopted this 5th day of January, 2004. Terrance M. Duggan, Mayor eanne F. Schneider, CMC, City Clerk 5th day of January / / Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) §89-4270 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 is an Iowa municipality. 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 fulfil]ed. Signed this day of ., 2003. Attest: By: Jeanne F. Schneider, CMC, City Clerk CITY,~UBUQUE, ~A/~ TeCrance M. Duggan,,~r 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. 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. Prepared by: Ronald J. Tumer, City of Dubuque, 50 W. 13th 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 and 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 AGREEMENT 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 hoed harmless Ransdell from and against any and all claims of any kind which arise 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: Mary Ransdell CITY OF DUBUQUE, IOWA By: Michael C Van Milligen, City Manager MEMORANDUM December 22, 2003 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Vacating Petition -A Portion of A Public Alley North of West 7th Street At the December 15, 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 7th Street steps, which we discovered are partially located on her property. Corporation Counsel Barry Lindahl recommends conveyance 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 Mana§er Gus Psihoyos, Assistant City En§ineer Michael A. Koch, Public Works Director MEMORANDUM December 16, 2003 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Gus Psihoyos, Assistant City Engineer ~ Vacating Petition - A Portion of A Public Alley North of West 7~h Street On December 15, 2003, the City Council approved the settlement Agreement between the City and Mary Ransdell. As part of the Agreement, the City agreed to convey to Ms. Ransdell by Quit Claim Deed, part of the public alley north and west of her property where her home encroaches into 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 the City an easement for public access to the West 7th Street steps, which are partially located on Lot 16 of Hill Street Addition of her property. I recommend that the public hearing be held on the disposal and conveyance of the City's interest in those portions of public alley described as Lot 15A in Hill Street Addition and Lot 27 in Coriell's Dubuque. CC: Michael A. Koch, Public Works Director Ronald J. Turner, PLS Mary H. Ransdell, 583 West 7th Street 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 7~ Street right- of-way. In return, Ms. Ransdell agreed to grant to the City an easement for public access to the West 7~ 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, lrlarbor View Place 300 Main Stxeet Dubuque, Iowa 52001-6944 (563) 583-4113 office (563) 583-t040 fax balesq~kityofdubuque.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 headng. Very siQcerely, . (3or,oration Counsel BAL:tls Attachment cc: Gus Psihoyos, Assistant City Engineer Jennifer Clemens,Conlon, Esq. AGREEMENT 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 adsen between the City of Dubu.cl_ue (City) and Ransdell with respect to the connection of the property at 583 West 7u' 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 P, ansdell 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 I 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. 4. 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. 5. 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. 6. 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. 7. This Agreement shall be subject to final approval by the City of Dubuque City Council. By: Mary Ransdell CITY OF DUBUQUE, IOWA By: Michael C Van Milligen, City Manager Prepared by: Rona~l J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563] 5894270 Address Tax Statement: Mary H. Ransdell. 583 West 7m Street, Dubuque, IA §2001 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 7m 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 Codell's Dubuque in the City of Dubuque, Dubuque County, Iowa No declaration of value is required under Iowa Code Section 428A.2(6): grantor is an Iowa municipality. 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 A~est: 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. 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. Prepared by:. Ronald J. Turner, City of Dubuque, 50 W. 13a 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 right 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. Ransdeil 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 and 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. 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. Passed, approved and adopted this 2003. day of 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 (563) 589-4270 RESOLUTION NO. 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 26m day of November, 2003, prepared by the City of Dubuque, describing the proposed vacated portion of a public alley in Hill Street Addition; 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 26~h 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. Passed, approved and adopted this 2003. day of 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 (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 Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this __ 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 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 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. 13~ Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 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 Cibj Council a plat showing the vacated portion of a pUblic alley north of West 7~" Street and assigned lot numbers thereto, .which hereinafter shall be known and described as Lot 15A in Hill Street Addition and Lot 27A in Coriell'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 and streets known as Lot 15A in Hill Street Addition and Lot 27A in Codell'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. Ransdell 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 day of ,2003. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider,. CMC, City Clerk 4O EXHIBIT A EASEMENT FOR PUBLIC STEPS OVER LOT 16 IN HILL STREET ADDITION IN THE CITY OF DUB!JQUE, DUBUQUE COUNTY, IA. GRAPHIC SCALE Lo~ 2.27 Lot 15 4 PAGE 1 OF 1 PATH: F.-WIAP$'E EAT OF SURVEY' - ~ F_AS~EI~'.DW~ PLAT OF SURVEY LOT 15A AND LOT 16A IN HILL STREET ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IA. GRAPHIC ,'~CALE 40 0 20 40 60 (~ i-,V. dl ) NORTH ~.~ LOT LOL 18 Lotl$ PLAT OF SURVEY LOT 27A IN CORIELL'S DUBUQUE IN THE CiTY OF DUBUQUE, DUBUQUE COUNTY, IA. GRAPHIC SCALE 40 o 2~ 40 6O NORTH 8 LOt 2-27 Lot 15 4 L=t16 LOT AREA 0 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 7t~ Street right- of-way. In retum, 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. Ransdetl 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. Micffael C. Van Miliigen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psihoyos, Assistant City Engineer ~och, Public Works Director