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