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Blanche Ave Vacate Lanser Masti D~~@UE ~ÝN-~ MEMORANDUM June 25, 2004 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Vacating Petition - Blanche Avenue In response to a request from John M. Lanser and Jean M. Mastin to vacate Blanche Avenue from Vivian Avenue west 250 feet, Acting Public Works Director/City Engineer Gus Psihoyos recommends approval of the request to vacate, states that the City has no plans for the utilization of this area. The owner has indicated there are no utilities in the area proposed to be vacated and the City has no plans to use the area for sewer or water main extensions. It is further recommended that the purchase price be established at the cost of surveying and planning plus publication and filing fees of $100. I concur with the recommendation and respectfully request Mayor and City Council approval. (YilivÆ (~~j1 Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psihoyos, Acting Public Works Director/City Engineer , " ') D~~@UE ~ÝN-~ MEMORANDUM June 25, 2004 FROM: Michael C. Van Milligen, City Manager Q Gus Psihoyos, Acting Public Works Director -)ìj. ' TO: SUBJECT: Vacating Petition - Blanche Avenue A request has been received from John M. Lanser and Jean M. Mastin for the vacating of Blanche Avenue from Vivian Avenue west 250 feet. The area to be vacated is divided into one lot numbered Lot 136A of Maple Leaf Addition in the City of Dubuque, Dubuque County, Iowa. Lot 136A of Maple Leaf Addition is an existing 50- foot wide street on which no public utilities exist. I recommend that a public hearing be held on the vacating of Blanche Avenue from Vivian Avenue west 250 feet and that the purchase price be establishing at the cost of surveying and planning, plus publication and filing fees of $100. cc: Ronald J. Turner, PLS Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. 275-04 RESOLUTION APPROVING PLAT OF PROPOSED VACATED BLANCHE AVENUE FROM VIVIAN AVENUE WEST 250 FEET Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated June 10, 2004 prepared by IIW Engineering & Surveyors, Inc., describing the proposed vacated portion of Blanche Avenue from Vivian Avenue west 250 feet; 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 June 10, 2004 prepared by IIW Engineering & Surveyors, Inc., 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 6th day of July, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Ronald J. Turner. Cityo! Dubuque, 50 W. 13'" Street, Dubuque, IA 52001 (563) 58!J4270 ORDINANCE NO. 46-04 ORDINANCE VACATING BLANCHE AVENUE FROM VIVIAN AVENUE WEST 250 FEET Whereas, John M. Lanser and Jean M. Mastin have requested the vacating of Blanche Avenue from Vivian Avenue west 250 feet; and Whereas, IIW Engineers & Surveyors, Inc. has prepared and submitted to the City Council a plat showing the vacated portion of Blanche Avenue from Vivian Avenue west 250 feet and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 136A of Maple Leaf Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that Blanche Avenue from Vivian Avenue west 250 feet is no longer required for public use, and vacating of said portions of Blanche Avenue from Vivian Avenue west 250 feet known as Lot 136A of Maple Leaf Addition in the City of Dubuque, Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 136A of Maple Leaf Addition in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 6th day of July, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ~~ 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. 276-04 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 136A OF MAPLE LEAF ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 25th day of June, 2004, the City Council of the City of Dubuque, Iowa met on the 6th day of July, 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 136A OF MAPLE LEAF ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as LOT 136A OF MAPLE LEAF ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA in the City of Dubuque, Iowa to John M. Lanser and Jean M. Mastin be and the same is hereby approved for the sum of the cost of surveying and platting plus cost of publication, and filing fees of $100.00. 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 John M. Lanser and Jean M. Mastin upon receipt of the purchase price in full. 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 6th day of July, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street. Dubuque, Iowa (563) 589-4270 Address Tax Statement: John M. Lanser and Jean M. Mastin. 747 Blanche Avenue, 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 Clairn unto: John M. Lanser and Jean M. Mastin 747 Blanche Avenue Dubuque, IA 52001 all its rights, title, and interest in the following described real estate situated in Dubuque County, Iowa, to-wit: Lot 136A of Maple Leaf Addition in the City of Dubuque, Dubuque County, Iowa No declaration of value is required according to Iowa Code Section 428A.1. Deeds with a consideration of $500.00 or less are exernpt from transfer tax. Iowa Code Sec. 428A.1. This deed is given pursuant to the authority of Resolution No. - of the City of Dubuque, adopted , 2004, the terms and conditions thereof, if any, having been fulfilled. Signed this - day of ,2004. Attest: By: Jeanne F. Schneider, CMC, City Clerk CITY OF DUBUQUE, IOWA By: Terrance M. Duggan, Mayor STATE OF IOWA ) ) ss ) DUBUQUE COUNTY On this - day of , 2004, 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 rnunicipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, by the authority of its City Council, as contained in Ordinance No. 2-5 of the City of Dubuque Code of Ordinances, passed by Resolution of the City Council under Resolution No. - of the City Council on the - day of , 2004; and Terrance M. Duggan and Jeanne F. Schneider acknowledged the execution of the instrurnent to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public In and For Said State. REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT Please read the filing instructions on the reve"e side BEFORE completing this form. PART I - TO BE COMPLETED BY TRANSFEROR ~ (Please Type or Print Legibly) Address Nwnbc1' and >a'e! °' RR City of Dubuque 50 W. 13th Street Dubuque C,I)'. 10wno,P.U. IA 52001 TRAJ'iSFEROR Name :;..te L,p TR~.NSFEREE Name John M. Lanser and aean M. Mastin Address Nwnbcr and >a'e! °' RR 747 Blanche Avenue Dubuque C,I)'. rowno,p.u. IA 52001 :;"te L,p IA 52001 :;"te L,p Address of Property Transfel!ed 747 Blanche Avenue Dubuque Nwnbc,and>tt",orRR C'I)'. rown.o,P.U. Legal Description of Property Lot 136A of Maple Leaf Addition in the City of Dubuque, Dubuque County, Iowa 1. Wells (check one): ð There are no known wells situated on this property. Q There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below. 2. Solid Waste Disposal (check one) ~ There is no known solid waste disposal site on this property. 0 There is a solid waste disposal site on this property, but no notice has been received from the Department of Natural Resources that the site is deemed to be potentially hazardous. 0 There is a solid waste disposal site on this property which has been deemed to be potentially hazardous by the Department of Natural Resources. The location(s) of the site(s) is stated below. . '. 3. Hazardous Wastes (check one) d( There is no known hazardous waste on this property. 0 There is hazardous waste on this property and it is being managed in accordance with Department of Natural Resources rules. 4. Underground Storage Tanks (check one) ¡]( There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) 0 There is an underground storage tank or tanks on this property. The type(s), size(s) and any known substance(s) contained are descnòel below. 5. Private Burial Site (check one) KJ There are no known private burial sites on this property. 0 There is a private burial site on this property. The location(s) of the site(s) is stated below. The known identifying infonnation of the decedent is stated below. Information, if any, required by statements checked above: Attachment for Additional Information? Y / N If so, number of pages I HEREBY DECL. ~ION CaNT AlNEa IN PART I OF THIS STA TEM",T IS TRUE AND CORRECT Y.SignJture: - .~~ Telephone Number: -~ 589-4270 ()"""'"o,o, """'I - - - n u - - n n - -- n n n -- - -- n u -- n- - - _u -- n -_u_- - -- u - - - -- - _u u -- __on - - u u_-- - u- u - u_u - ----- u- u_- u ------------- -- -------------- u_-- -- u_--------u_---------- PART 11- TO BE CŒlIPLETED BY RECORDER Date of Instrument Book/I.D. Page/I.D. DJte of Recording City or Township Deed 0 Contract 0 County - - -- - - u- ---- ---- u_- - ----- - --- - ---- - --- - - - - - _u ---- - - - -- --- - ----- ------- -- - ---- u_-- --- ---------- --- - -- ---- ------ -- -- - ---- -- --- ----- -- --------- ------ --- --- --- ------- Di'iR form (July 99) FILE WITH RECORDER (See Instruction #6) SH-0960 ¡:-;STRUCTIO:-;S FOR COMPLETI:'iG GROUNDWATER HAZARD STATEMENT Tne transferor of real property is required to complete Part I of this form. The purpose of the statement is to satisfy legal requirements for filing instruments of conveyance of real property with the county recorder (Iowa Code Section 558.69). The Department of ~atur31 Resources does not approve or disapprove of property transfers based on these statements. The statement must be signed by one of the persons transferring the property interest or that person's agent. An agent signing this form represents the information from transferor to be correct. For the most part the information requested is clear (name, address, etc.). One statement under each of the numbered items (I, 2, 3, 4 and 5) must be checked, and if one or more of the sutements checked requires the transferor to provide additional information, that information is to be provided in part I. Relate the additional information to the specific category of facility (well, etc.) by numbering it with the _c?rresponding number (I, 2, 3, 4, 5). If additional space is needed, type or print it legibly on a separate sheet or sheets, complete the statements at the end of Part I and a:¡ach the additional information to all copies of the form. When describing the location of a facility on the property, be reasonably precise, such as a specific distance and general direction from a landmark or corner of the property. A professional survey is not necessary The following definitions are for ~se in completing the form. 1. Wells - A "well" is any excavation that is drilled, cored, bored, au'gered, washed, driven, dug, jetted or otherwise constructed for accessing groundwater or for diverting surface water into the ground, including abandoned wells. "Well" does not include an open ditch or drainage tiles which discharge to the surface. I:- a well is an "abandoned well" or an "agricultural drainage well," ::-:is must be identified and the status of the well with respect to Iowa Code sections 455B.190 and 159.29, respectively, must be seated. An "abandoned well" is a well no longer in use or in such s:a:e of disrepair that continued use is unsafe or impracticable. Abandoned wells are to be properly plugged in accordance with chapter 39 of the rules of the Department of Natural Resources. (56; Iowa Administrative Code, Chapter 39) An "agricultural drainage well" is a well constructed for the purpose of draining, or which drains, water from agricultural land to an aquifer (underground), excluding drainage tile intakes which outlet to the surface. Agricultural drainage wells are required to be registered with the department by September 30, 1988, and the owner of the well and of the land drained by the well are to dewlap a plan proposing alternatives to the use of the well by July I, 1998 (See Iowa Code Section 159.29.) 2. Solid Waste, "Solid waste" means garbage, refuse, rubbish and other simibr discarded solid or semisolid material. It does not inc1ude dir., stone, brick. or simibr inorganic material used for till, as long as no other solid waste is included. See 567--100.2(-1558), Iowa .-\dminisrrative Code (1..-\. C.) for further definitions. A "c!ispc)sa! site" is any area on the property on, in, or under which soiiJ waste has been disposed, whether or not the disposal is or was regubted by the department. If t:1e transferor or agent has not received notice from the Department of ~atural Resources that the disposal site has been deemed to be potentially hazardous, there is no duty to inquire to t:1e depJrtme'H. ':\ote The bnd application of sludges or soils resulting from the re¡~\ed:Jtio!1 of underground storage tank releases accomplished in cc>:1,;,¡i.wce with Department of "'atural Resources rules without a ¡,,'m1it is OL1t required to be reported as the disposal of solid waste e'f h.l.:.\rJ,)US W.1ste. (See Iow.1 Code Section 558.69) D:\!{ t','m' (July eN) 3. Hazardous Wastes - "Hazardous waste" is derIDed in Iowa Code section 455B.411, 567--141.2 (455B), lAC., and federal regulations referenced therein. It is generally derIDed as waste that poses a threat to human health or the envirorunent. It includes wastes which are ignitable, corrosive, toxic, explosive, violently reactive, or specifically listed as hazardous in the Code of Federal Regulations (40 CFR 261). EXCLUDED are household wastes, agricultural wastes returned to the soil as fertilizers or soil conditioners, agricultural chemicals applied or disposed of by a farmer in accordance with the manufacturer's instructions, triple-rinsed agricultural chemical containers disposed of by farmers (where the rinsate is used as makeup water in the tankmix and applied at appropriate rates), and other specific materials. Persons are legaIIy required to be aware of hazardous waste laws. 4. Underground Storage Tanks - "Underground storage tank" means one or a combination of tanks, including underground piping connected to the tanks, used to contain an accumulation of regulated substances, and the volume of which is 10 percent or more beneath the surface of the ground. "Regulated substances" include petroleum products and hazardous or toxic materials identified in 567--135.2(455B), lAC. Underground storage tank does not include: a. Farm or residential tanks of 1,100 gaIIons or less capacity used for storing motor fuel for noncommercial purposes. But See 455B.473(4» b. Tanks used for storing heating oil for consumptive use on the premises where stored. c. Residential septic tanks. d. Pipeline facilities regulated by state or federal law. e. A surface impoundment, pit pond, or lagoon. f. A storm water or wastewater cpIIection system. g. A flow-through process tame h.A liquid trap or associated gathering lines directly related to oil or gas production and gathering operations. i. A tank in an underground area such as a basement or mine, if the tanI:: is on or above the surface of the floor. j. Pipes connected to the above exclusions. "Tank type" means the material of construction (steel, fiberglass reinforced plastic [FRP], or other [specify]), and any internal or external protection such as a protective coating or wrapping, or cathodic protection. Identify the capacity in gallons and the substance stored in each tank. 5. Private Burial Sites - "Private Burial Site" means one or more graves containing human remains. For each site the transferor shall state the location of the site. For each decedent buried on the property the transferor shall 'state all knOW'I1 identifying information of that decedent including name, date of death, and date of birth. 6. Filing, The original of this form must be presented to the county recorder when the document to be recorded is filed. The Recorder shall forward the original to the transferee when the recorded instrument is returned. The recorder is not required to keep any copies. 54J.0960 " .# Honorable Mayor and City Council 50 West 13th Street Dubuque, Iowa 52001-4845 June 8,2004 RE: Vacate City Property Dear Mayor and Council Members: This letter is written to inquire about the possibility of purchasing a portion of a city street/alley abutting my property at 747 Blanche Avenue, Dubuque, Iowa. We plan to use the vacated property to place a 30-ft. X 60-ft. building, which has been passed by the city. The tail end of the building will be sitting on the street that we are inquiring on vacating. We have contacted the Engineering Development and they have indicated a favorable condition for the vacating but may need easements reserved for utilities. We understand that the vacated area would need to be surveyed and platted at our expense and a fee paid for the parcel plus publication and filing fees. Please call me at (563) 583-2270 or (563) 583-580-3911 if you have any questions. Thank you for your consideration of this request. Sincerely, '/?)L '/7l:}Î../~~ 9J1Z 1'1 ¿fa?I~V Mr. & Mrs. John Lanser ./ W DQ() S S--J---t::Ef ß I u +f .. .c - ~ . ------==-~~ ,-----=======- .'":{ n . " . --~ £~~¿.o 1; gt/~'t OUR 7 LJ'7 (J L rirVC'A e J-I {)I¡ (" .- v~ t: L-- Q; ~ , \( rJ...¡ :t I' 'V .;¿ ~ -........¡ "Cl f'.. J-' ~ ., .þ June 8,2004 Honorable Mayor and City Council 50 West 13th Street Dubuque, Iowa 52001-4845 RE: Vacate City Property Dear Mayor and Council Members: This letter is written to inquire about the possibility of purchasing a portion of a city street/alley abutting my property at 747 Blanche Avenue, Dubuque, Iowa. We plan to use the vacated property to place a 30-ft. X 60-ft. building, which has been passed by the city. The tail end of the building will be sitting on the street that we are inquiring on vacating. We have contacted the Engineering Development and they have indicated a favorable condition for the vacating but may need easements reserved for utilities. We understand that the vacated area would need to be surveyed and platted at our expense and a fee paid for the parcel plus publication and filing fees. Please call me at (563) 583-2270 or (563) 583-580-3911 if you have any questions. Thank you for your consideration of this request. Sincerely, IÎJL 'f7IJÌv,-:; C)ðf~ Ii .:3fc~ ?~2£,V Mr. & Mrs. John Lanser L-- ,', ;, . ! (I ./' LJJ D Q() 5 5-Y&:Ef ß I u if' .,' - bE, '. ~- ----- '--'-~ .":( /) " ' , J- . .-'. ~. 1- . b L) , ---7 GA. ,/ /1 " f..f)e,e . £~~o ~) ~ [) / JJJ;- v4 I I I ¡ 1 i i I { j i i I i ! I I I I I ( " Q; ~ \t fJ..; ~ . \"",) ~ ~ --......¡ rzQ Î'- )- ~ OJ) ¡? 1-1 () uc ,- ! -.Je'. ~ ------ 7 LJ'í ¡J L ri yU L'A t: