Blanche Ave Vacate Lanser Masti
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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
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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
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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
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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
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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
"
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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
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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--
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