Associates Dr vacate Med Assoc
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MEMORANDUM
August 31, 2004
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Vacating Petition - Associates Drive
In response to a request from THE CU LINK, Inc. to vacate a portion of Associates
Drive abutting Lot 8 of Medical Associates Subdivision No.2, Acting Public Works
Director/City Engineer Gus Psihoyos states that the City has no plans for the utilization
of that portion of Associates Drive, except for reserving the utility easements as noted,
recommends approval of the request to vacate and that the purchase price be
established at $6,231, plus platting, publication and filing fees. It is further
recommended that a public hearing be set for September 20, 2004.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
/'11 i j {f j/ /h Ilil
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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
August 30, 2004
FROM:
Michael C. Van Milligen, City Manager Q
Gus Psihoyos, Acting Public Works Director _l ~; ,
TO:
SUBJECT: Vacating Petition - Associates Drive
INTRODUCTION
This is in response to a request from THE CU LINK, Inc. for the vacating of a
portion of Associates Drive abutting Lot 8 of Medical Associates Subdivision No.
2.
DISCUSSION
The attached plat shows the area proposed to be vacated. The abutting property
is owned by Medical Associates Realty, L.P., with a purchase agreement to THE
CU LINK, Inc.
The area to be vacated is divided into one lot numbered Lot 8A of Medical
Associates Subdivision No.2 in the City of Dubuque, Iowa. Lot 8A is part of an
existing widened right-of-way on which public utilities may exist. Perpetual
easement rights will be reserved on the entire Lot 8A for installation and
maintenance of utilities.
The property has been valued at $1.74 per square foot, for a total of $6,231.
RECOMMENDATION
The City has no plans for the utilization of the portion of Associates Drive
abutting Lot 8 of Medical Associates Subdivision No.2 to be vacated, except for
reserving the utility easements as noted.
I would recommend that the area indicated by Lot 8A of Medical Associates
Subdivision No.2 in the City of Dubuque, Iowa, on the attached plat be vacated,
and that a public hearing be set for the disposition of the City's interest in the
subject area on September 20, 2004. I would further recommend that the
purchase price be established at $6,231, plus platting, publication and filling fees.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and a public
hearing should be scheduled on the disposal of the property through adoption of
the enclosed resolutions and ordinance.
Prepared by Ronald J. Turner, PLS
300
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GRAPHIC SCALE
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MAY-21-04 FRI 11 :27 AM
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DUBUQUE CITY CLERK
FAX NO. 563 589 0890
p, 02/03
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THE CU LINK, rnc.
160 West Tentlt Street
DIIUUqUC. fA 52001
May [9,2004
iVbycwTcrry DlJg!~í\n mui
Members orth,: City Council
Dnlmqne City Hall
I,;'h anel Ccnlral AVCliUC
Dubuguo, fA 52001
D,:;\[ Mayor Dugg8n ,111<1 Members of tho City Council:
THE CU LINK, Inc., which has shí\rchol(lçi's o[three credit lInicl1lS, is in the process of
purchasing properly located in Lot 8 of ^ssuciatcs Park. Tho City owns non-uscable laml
~l,lj~CCllt to this PïOpeJtY' THE CO LINK. Inc, would like to obtain title 10 a portion of
Ih~t propürty, approximately 3165 f"cot ao; highlighted on the enclosed Exhibit A.
TIt() h"nctils to the City ai'ü that it w')llid hc('ol11e tax8blc prnj1erty, generating ineomc,
ami would elimiilatc tho City's nlaillt.:'UiJI1CC é'xf\ellsc 011 Ihat portion of land. In
consideration ofthc City deeding th(~ property to THE CU LINK, Inc., we would pay for
the pbllÎlIg ¡l1ld the pllhlication ornoticcs. if Ilece,¡sary, in the newspaper.
Sinc,", tlw S\lJn(1\C:\, nlonlhs fire Approaching. lime is ofthc eSSOI1t'C in developing 0111' final
pJ;ms. Your prompt n:';f1onsc to this IIwtkr 11, ()111c! certainly be appreeialcd. ¡fyou have
;\\,y (1Ilc5tions. pk~,¡o conlnc! mc l1! 5g,1.ï45~, .
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Jean A. lIocg~
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PREPARED BY,
"W ENOINEERS & SURVEYORS P,C,
4>55 PENNSYeVA",A AVE.
DUBUDUE, 'DWA.
(563) 556-2464
PLA T OF SURVEY
LOT 8A OF MEDICAL ASSOCIATES SUBDIVISION
NO.2 IN THE CITY OF DUBUQUE, IOWA
DESCRIPTION: A VACATED PORTION OF ASSOCIATES DRIVE LYING WITHIN
MEDICAL ASSOCIATES SUBDIVISION NO.2 IN THE CITY OF DUBUQUE, IOWA
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R,O,W, RIGHT-OF-WAY
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THIS SURVEY IS SUBJECT TO EASEMENTS.
RESERVATIONS. RESTRICTIONS AND RIGHTS-OF-WAY
OF RECORO AND NOT OF RECORD,
SURVEYED FOR; TURNKEY ASSOCIATES. L.C,
PROPRIETOR; CITY OF DUBUDUE
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LOT BA IS HEREBY
RESERVED AS A
PUBLIC UTILITY EASEMENT
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ORAWING MAY HAVE BEEN REDUCED
I HER'" CERnFY '"" 'HOS "ND SU""'"NG DD,"MEN' WA> P"'A"D
AND '"E ""'" SU"'" waR' WAS P,"'ORMED " ME OR UNDER MY
""" PERSONA< SUPE"'ON AND 'HAT I AM A DU" uCENSED "ND
5O""'OR UNDE' 'HE lAWS Of )HE 51A" Of'DWA.
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uCEN5E ND, "'" "' UCENSE "NEWA< DA" OS "/"/2DD4
PAGES 0' SHms CD""'D " 'HOS SEA< I cJ- z..
TOTAL AREA SURVEYEO: 0,082 ACRES
DA TE OF SURVEY; AUGUST. 2004
rnrJI IlW ENGJNEERS &
IIU8 SURVEYORS. p,c.
lowo, ¡"'pol,. Wlmp,lp
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Dobo,o,. IA 52002
563,550.2404
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DRAWN CEN PW NO. "-IA-04
CHE,"ED 'M' P'D', NO, D""-D2
DATE 08-24-04 SHm I 01 2
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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 ASSOCIATES DRIVE ABUTTING LOT 8 OF MEDICAL
ASSOCIATES SUBDIVISION NO.2
Whereas, there has been presented to the City Council of the City of
Dubuque, Iowa, a plat dated 24th day of August, 2004, prepared by IIW
Engineers & Surveyors, PC describing the proposed vacated portion of
Associates Drive abutting Lot 8 of Medical Associates Subdivision No.2; 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 24th day of August, 2004, prepared by
IIW Engineers & Surveyors, PC, 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. The City of Dubuque reserves unto itself a perpetual
easement including the right of ingress and egress thereto, for the purpose of
erecting, installing, constructing, reconstructing, repairing, owning, operating, and
maintaining water, sewer, drainage, gas, telephone, t.v. cable, and electric lines
as may be authorized by the City of Dubuque, Iowa.
Section 3. 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
day of
2004.
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
ORDINANCE NO.
ORDINANCE VACATING A PORTION OF ASSOCIATES DRIVE ABUTTING
LOT 8 OF MEDICAL ASSOCIATES SUBDIVISION NO.2
Whereas, THE CU LINK, Inc. has requested the vacating of a portion of
Associates Drive abutting Lot 8 of Medical Associates Subdivision No.2; and
Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the
City Council a plat showing the vacated portion of Associates Drive abutting Lot 8 of
Medical Associates Subdivision No.2 and assigned lot number thereto, which
hereinafter shall be known and described as Lot 8A of Medical Associates Subdivision
No.2 in the City of Dubuque, Dubuque County, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has determined that the
portion of Associates Drive abutting Lot 8 of Medical Associates Subdivision No.2 is no
longer required for public use, except for utility easements as noted, and vacating of
said portion of Associates Drive known as Lot 8A of Medical Associates Subdivision No.
2 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 8A of Medical Associates
Subdivision No.2 in the City of Dubuque, Iowa, be and the same is hereby vacated.
Section 2. The City of Dubuque reserves unto itself a perpetual easement
including the right of ingress thereto, for the purpose of erecting, installing, constructing,
reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage,
gas, telephone, t.v. cable, and electric lines as may be authorized by the City of
Dubuque, Iowa.
Passed, approved and adopted this
day of
,2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 343-04
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT SA OF
MEDICAL ASSOCIATES SUBDIVISION NO.2, DUBUQUE, IOWA
Whereas, THE CU LINK, Inc. has requested the vacating of a portion of
Associates Drive abutting Lot 8 of Medical Associates Subdivision No.2; and
Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the
City Council a plat showing the vacated portion of Associates Drive abutting Lot 8 of
Medical Associates Subdivision No.2 and assigned lot number thereto, which
hereinafter shall be known and described as Lot SA of Medical Associates Subdivision
No.2 in the City of Dubuque, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has determined that this
portion of Associates Drive abutting Lot 8 of Medical Associates Subdivision No.2 is no
longer required for public use, except for utility easements as noted, and vacating and
sale of said portions of alleys and streets known as Lot 8A of Medical Associates
Subdivision No.2 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 8A
of Medical Associates Subdivision No.2 in the City of Dubuque, Iowa.
Section 2. That the conveyance of Lot 8A of Medical Associates Subdivision
No.2 in the City of Dubuque, Iowa to the THE CU LINK, Inc. be contingent upon the
payment of $6,231 plus platting, publication and filing fees.
Section 3. The City of Dubuque reserves unto itself a perpetual easement
including the right of ingress and egress thereto, for the purpose of erecting, installing,
constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer,
drainage, gas, telephone, television cable, fiber optics, and electric lines as may be
authorized by the City of Dubuque, Iowa.
Section 4. 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 7th day of September, 2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
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will be publicly
nd read by the
at 2:00 o'clock
'the 14th day of'
, , 2004, and will
ed to the City
. r final action at a
o be held in the.
rary Auditorium,
11th Street, at
at 6:30 p.m. on
'day of Septem-
A contract will
at that time or
uent time as
y determine.
by order of the
iI of the City of
Iowa and dated
ay of Septem-
Q,l
e
o
"'l
NOTICE OF HEARING
ON PlANS AND
SPECIFICATIONS
Notice of public tjearing
on proP9sed plans and
specfficaions, 'proposed
form of contract and esti-
mate of cost for the 2004
Curb Ramp Installation -
CDB~ Project NO.2.
NOTICE IS HEREBY GIV-
EN: The City Council of Du-
buque, Iowa will hold a
public hearing on the pro-
posed plans, specifica-
tions, 'form of contract, and
estimate of cost for the
2004 Curb Ramp InstaMa-
tion - CDBGProject No.2,
in accordance with the pro-
visions of Chapter 384,
City Code of Iowa, at 6:30
p.m., on the 20th day of
September, 2004, in the
Public Library Auditorium,
360 West 11th Street, in
Dubuque, Iowa. Said pro-
posed plans,' specifica-
tions, form of contract and
estimate of cost are now
on file in the office of the
City Clerk. At said hearing
any interested person may
appear and file objections
thereto or to the cost of
the improvements.
Any visual or hearing-
impaired persons needing
special assistance or per-
sons with special accessi-
bility needs should contact
the City Clerk's office at
(563) 589-4120 or TDD at
(563) 690-6678 at least 48
hours prior to the meeting.
Published' by order of the
City Council given on the
7th day of September,
2004.
Is/Jeanne F. Schneider,
CMC, City Clerk
1t 9/1 0
NonCE OF HEARING
ON PLANS AND
SPECIFICATIONS
Notice of pUblic llearing
on proposed plans and
specffications, proposed
form of contract and esti-
mate of cost for the Mar-
shall Park Sanitary Sewer
Extension Project.
NOTICE IS HEREBY GIV-
EN: The City Council of
Dubuque, Iowa will hold a
public nearing on the pro-
posed plans, specifica-
tions, form of contract and
estimate of cost for the
Marshall Park Sanitary
Sewer Extension Project in
accordance with the provi-
sions of Chapter 384, City
Code of Iowa, at 6:30
p.m., on the 20th day of
September, 2004, in the
Public LibrClry Auditorium,
360 West 11th Street, in
Dubuque, 10WCl. SClid pro-
posed plans, speCifica-
tions, form of contract and
estimClte of cost Clre now
on file in the office of the
City Clerk. At said heClring
Clny interested person may
appear Clnd file objections
thereto or to the cost of
the improvements.
Any visual or hearing-
impClired persons needing
SpeciClI assistClnce or per-
sons with SpeciClI accessi~
bility needs should contact
the City Clerk's office at
(563) 589-4120 or TOO at
(563) 690-6678 at least
hours prior to the meeting.
Published by order of the
City Council given on
the16th day of August,
2004.
Is/Jeanne F. Schneider,
CMC, 'City Clerk
11 9/10
CITY OF DUBUQUE.
IOWA
OFFICIAL NOTICE
NOTICE is hereby given
that the City Council of Du-
buque, Iowa, will conduct
a pUblic hearing at a meet-
ing to commence at 6:30
p.m., on, the 20th day of
September,2004, in the
Public Library Auditorium,
360 West 11 th Street, to
consider disposing of City-
owned interest in Lot 1 A of
Eagles Place in the City of
Dubuque, Dubuque COun-
ty, Iowa to Hy-Vee, Inc.
(Copy of supporting docu-
ments are on file in the
City Clerk's Office and
may be viewed during
working hours.)
Written comments regard-
ing disposal of said proper-
ty may be submitted to the
City Clerk's Office on or be-
fore time of publiC hearing.
At said time and place of
public hearing, all Interest-
ed citizens and parties will
be give!) an opportunity to
be heard for or against dis-
posing of said property. .
Any visual or hearing im- .
paired persons needing
special assistance or per-
sons with special accessi-
bility needs should contact
the City ClerK's Office at
(563) 589-4120 or TOO
(563) 690-6678 at least 48
hours prior to the meeting.
Published by order of the
City Council given on the
7th day of September,
2004.
Is/Jeanne F. Schneider
City Clerk
1t 9/10
NOTICE TO BIDDERS OF
THE RECEIPT OF BIDS
FOR THE NORTHWEST
ARTERIAL FIBER
OPTICS CONDUIT
PROJECT
Sealed proposals will be
received by the City Clerk
of the City of Dubuque, Io-
wa, at the Office of City
Clerk in Ci!)' Hall no later
than 2:00 0 clock p;m. on
the 23rd day of Sept~m-
ber, 2004, for the North-
west Arterial Fiber Optics
Conduit Project.
Copies of the plans and
speCifications may' be ob-
tained in the CitY. Engi-
.neer's office. at C~y Hall.
No plan deposit is re-
quired.
Payment to the contrac-
tor will be made from
funds as may be legally
used for such purposes.
All work herein prOVided
for shall be commenced
within ten (10) days after
the Notice To Proceed has
been issued, and shall be
fully completed by the 31 st
day of Decembei', 2004.
All bids must be submit-
t~ the Bid Form bound
in the speCifications. Each
bid shall be accompanied
by a satisfactory Bid Bond
executed by the Bidder
and an acceetable surety;
or a cashier s or certified
check payable to the City
Treasurer, City of Dubu-
que, drawn on a bank in Io-
wa or a bank chartered un-
der the laws of the United
States, in the amount of
ten percent (10%) of the
bids submitted as security
that the bidder will enter in-
to a contract for doing the
work !Ind will give bond
with proper securities for
tilEl faithful. performance of
the contract in the form at-
tached to the specifica-
tions.
The successful bidder will
be requiredto furnish a per-
formance bond in an
amount equal to o.ne hun-
dred percent (100%) of the
contract price. Said bond
is to be issued by a respon-
sible surety company ap-
proved and acceptable to
the City Council, and shall
guarantee the faithful per-
formance of the contract
and terms and conditions
therein contained. and
shall guarantee the prompt
payment of all materials
and labor and protect and
save harmless the City of
Dubuque, Iowa, from
claims and damages of
any kind caused by the op-
erations of the Contractor.
Said Bond shall also guar-
antee the material and the
maintenance of the
. improvement(s) construct-
ed for a minimum period of
two (2) years. from and af-
ter its completion and ac-
ceptance by the City Cow,-
cil.
No bid submitted by any
Contractor which contains
a condition or qualification
shall be recognized or ac-
cepted by the City Council
and any letter Qr communi-
cation accompanying the
'bid which contains a condi-
tion or .qualification upon
the bid which has the, ef-
fect of qualifying or modify-
ing any provision of the
specifications in any man-
ner will be construed as a
non-qualifying bid Clnd will
be rejected by the City
Council as not responsive.
All proposals must be
made on blanks furnished
by the City Engineer and
each bidder will be re-
quired to state his prices
for doing all the items in
each section on which he
makes a bid and for all
things necessary to make
a complete job.
The Bidder's attention is
directed to the City of
Dul;>uque's Affirmative Ac-
tion Program which is in-
cluded in the Contract
Specifications and the pro-
visions thereof and hereby
made a part of the- COn-
tract Documents by refer-,
ence and incorporated
therein.
The Contractor, when re-
quested by the City of Du-
buque, will furnish a state-
ment of his financial and
practical qualffications as
provided for in the General
Requirements of the Speci-
fications.
By virtue of statutory au-
thority, a preference will be
given to products and pro-
visions grown and coal pro-
duced within the State of
Iowa and to Iowa Domes-
tic Labor.
The City Council reserves
the right to reject any and
all bids or to waive any
technical ties and irregulari-
ties.
All bids will be publicly
opened and read by the
City Clerk at 2:00 o'clock
p.m. on the 23rd day of
September, 2004, and will
be submitted to the City
Council for final ection at a
meeting to be held in the
Public Library Aud"ltorium,
360 West 11th Street, at
said City at 6:30 p.m. on
the 4th day of October,
2004. A contract will be
awarded at that time or
such subsequent time. as
the City may determine.
Published by order of the
City Council of the City of
Dubuque, Iowa and dated
this 10th day of Septem-
ber,2.oo4.
Is/Jeanne F. Schneider,
CMC, Cjty Clerk
11 9/10
CITY OF DUBUQUE,
IOWA'
OFFICIAL NOTICE
NOTICE is hereby given
that the City Council of Du-
buque, Iowa, will conduct
a public hearing at a meet-
ing to commence at 6:30
p.m., on the 20th day of
September, 2004, in the
Public Library Auditorium,
360 West 11th, to consider
disposing of the City's in-.
terest in Lot SA of MediCal
Associates Subdivision in
the City of Dubuque, Iowa
to THE CU-L1NK, Inc.
(Copy of supporting docu-
ments are on file in the
City Clerk's . Office and
may be viewed during
working hours.)
Written comments regard-
ing disposal of said proper-
ty may be submitted to the
City Clerk's Office on or be-
fore time of public hearing.
At said time and place of
public hearing, all Interest-
ed citizens and parties will
be given an opportunity to
be heard for or against dis-
posing of said property.
Any visual or hearing im-
paired .persons needing
special assistance or per-
sons with special accessi-
bility needs should contact
the City Clerk's Office at
(5631 589-4120 or TOO
(563 690-6678 at least 48
hours prior to the meeting.
Publisbed by order of the
City COuncil given on the
7th day of September,
2004.
Is/Jeanne F. Schneider,
CMC, City Clerk
1t9/10
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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 SA OF
MEDICAL ASSOCIATES SUBDIVISION NO.2, DUBUQUE, 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 , 2004,
the City Council of the City of Dubuque, Iowa met on the day of
, 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 8A of Medical Associates Subdivision No.2, 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 8A of Medical Associates Subdivision No.2 in the City of Dubuque, Iowa to
THE CU LINK, Inc. be and the same is hereby approved for the sum of $6,231
plus cost of publication, platting and filing fees. Conveyance shall be by Quit
Claim Deed.
Section 2. The City of Dubuque reserves unto itself a perpetual
easement including the right of ingress and egress thereto, for the purpose of
erecting, installing, constructing, reconstructing, repairing, owning, operating, and
maintaining water, sewer, drainage, gas, telephone, television cable, fiber optics,
and electric lines as may be authorized by the City of Dubuque, Iowa.
Section 3. 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 THE CU LINK, Inc. upon receipt of the
purchase price in full.
Section 4. 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
day of
2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk