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Vacating Petition_University of Dubuque_Alley West of Algona Between W 3rd and Bennett StreetsMasterpiece on the Mississippi Dubuque A dcacity 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Vacating Petition for a Portion of Alley West of Algona between West 3rd and Bennett Street DATE: June 14, 2011 In response to a request from James Steiner, representing the University of Dubuque, for the vacating of a portion of unimproved public alley west of Algona Street between West Third Street and Bennett Street, City Engineer Gus Psihoyos states that the City has no plans for the utilization of the portion of alley proposed to be vacated, and recommends the vacation provided there is an easement for existing utilities over the vacated area and an ingress and egress easement is established to Lot 6 of Bennett Street Subdivision. City Engineer Gus Psihoyos recommends sale of the property for a purchase price of $9,900, plus publication and filing fees of $100. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Michael C. Van Milligen Masterpiece on the Mississippi TO: FROM: SUBJECT: INTRODUCTION DISCUSSION Michael C. Van Milligen, City Manager Gus Psihoyos, City Engineer Vacating Petition for a Portion of Alley West of Algona between West 3rd and Bennett Streets DATE: June 14, 2011 9 - 1 0 Dubuque al- anerkacnr 1111 tl 2007 A request has been received from James Steiner representing the University of Dubuque for the vacating of a portion of a public alley west of Algona Street between West Third Street and Bennett Street. The proposed construction of the Performing Arts, Worship & Campus Center on McCormick Street at the University of Dubuque (UD) will displace the existing parking lot at that location. Replacement parking is proposed on UD property west of Algona between West 3 Street and Bennett Street. An unimproved public alley is platted in a portion of the proposed parking area. The University Dubuque owns five of the six lots that abut the area proposed to be vacated. Ms. Rosemary Lehr, 2267 West 3 Street, owns the remaining abutting parcel. The easterly 110 feet of the alley would not be vacated and would remain open for existing residents. An easement for existing utilities would be established over the vacated area. Ms. Lehr has consented to the vacating and does not want to purchase her half of the alley. She does request that an ingress and egress easement be established through adjacent University of Dubuque property and vacated alley to provide access to her back yard. The University has agreed to provide this easement (attached). The westerly 150.87 feet of the alley is platted and proposed to be disposed of to the University of Dubuque. The purchase price was established by prorating the average of the abutting assessed land values of $3.28 /square foot over the area to be vacated and rounded to $9,900 plus publication and filing fees of $100. The City has no plans for the utilization of the portion of the alley proposed to be vacated. The University of Dubuque has agreed to pay $10,000.00 for the property which includes publication and filing fees. RECOMMENDATION I would recommend that area indicated as Lot 3A of Bennett Street Subdivision in the City of Dubuque, Dubuque County, Iowa as shown on the attached plat be vacated, and that a public hearing be held on June 20, 2011 for the disposition of the City's interest in the subject area, with the University of Dubuque providing an ingress and egress easement for Lot 6 of Bennett Subdivision. I would further recommend that the purchase price be established at $9,900, plus publication and filing fees of $100. ACTION TO BE TAKEN The attached plat and resolution vacating the property should be submitted to the City Council for consideration and approval along with a resolution disposing of the property for a purchase price of $9,900, plus publication and filing fees of $100. Prepared by Ronald J. Turner, PLS cc: Barry Lindahl, City Attorney Ron Turner, PLS NOTICE OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTYWO THE DUB ERSUE OF Pursuant to Resolu- tion # No. 18311. PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will hold a public hearing on the 20th day of June, at 6 p.m. HIFederal Building, 350 West Sixth Street Dubuque, Iowa, at which meeting the City Council proposes to dispose of an interest in the following described real property: Lot 3A of Bennett Street Subdivision In the City of Dubuque, Iowa (public alley west of Algona Street between West Third Street and Bennett Street) At the meeting, the City Council will receive oral and written objections from any resident or property owner of said City to the above action. After all objections have been received and con- sidered, the City Council may at this meeting or at any adjournment thereof, take additional action for the disposition of the City's interest in such real estate above or will abandon the proposal. By order of the City Council said hearing and appeals there from shall be held In accordance with an governed by the provisions of Section 403.9 of the Code of Iowa. This notice is given by order of the City Council of the City of Dubuque, Iowa, as provided by Chapter 403 of the Code of Iowa. Dated this 10th day of June,201L Kevin 5. Firnstahl Acting City Clerk It 6 /10 ' STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: June 10, 2011, and for which the charge is $20.64. s P4 Subscribed to before Notary Public in and for 2 Dubuuque County, Iowa, this / day o �� ,/,/ . o ary Public in and for Dubuque County, Iowa. MARY K, WESTERMEYE:' Oamminion Number 16488E,, Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. 13`" Street, Dubuque, IA 52001 (563) 589 -4270 RESOLUTION NO. 204 -11 RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF A PUBLIC ALLEY WEST OF ALGONA STREET BETWEEN WEST THIRD STREET AND BENNETT STREET IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated June 1, 2011, prepared by WHKS & Co. describing the proposed vacated portion of a public alley west of Algona Street between West Third Street and Bennett Street to be known as Lot 3A of Bennett Street Subdivision in the City of Dubuque, Dubuque County, Iowa; 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 1, 2011, prepared by WHKS & Co., 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, television cable, fiber optics, and electric lines as may be authorized by the City of Dubuque, Iowa, over and across Lot 3A of Bennett Street Subdivision. 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. Attest: Passed, approved and adopted this / Kevin S. Fir tahl, City Clerk Acting) 20th day o June , 2011. Lynn V. Sutton, Mayor Pro -Tem 1 1- a ^ II t . 1 11-4 1 11 I / S 88 °39'19" E 260.86' BENNETT STREET 49.98' 157.97' 49.48' 50= VACA ALL. N 88°39'1c. " VV 150.87' 58.57' .50' 1 S 86 ° 56'29" E 149.82' S 86 ° 56'29" E 150.94' WEST 3RD STREET EXHIBIT A 20.0' WIDE INGRESS - EGRESS EASEMENT FOR LOT 6 IN BENNETT STREET SUBDIVISION 1 40' 15' 1 25' 1 0 Z N rn _ 15' i 25' ►1. 20.0' WIDE INGRESS - EGRESS EASEMENT Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563) 589 -4270 RESOLUTION NO. 205 -11 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 3A OF BENNETT STREET SUBDIVISION, IN THE CITY OF 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 loth day of June , 2011, the City Council of the City of Dubuque, Iowa met on the 20th day of June , 2011, at 6:30 p.m. in the Historic Federal Building, Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa, to consider the proposal for the sale of real estate described as: Iowa Lot 3A of Bennett Street Subdivision in the City of Dubuque, Dubuque County, 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: . i Section 1. That the sale of City of Dubuque real property described as Lot 3A of Bennett Street Subdivision in the City of Dubuque, Iowa to the University of Dubuque be and the same is hereby approved for the sum of $9,900.00, 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, over and across Lot 3A of Bennett Street Subdivision. Section 3. That the University of Dubuque provide an ingress and egress easement to Rosemary T. Lehr from Bennett Street right -of -way to the north line of Lot 6 of Bennett Street Subdivision in the City of Dubuque, Iowa. Section 4. 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 University of Dubuque upon receipt of the purchase price in full. Section 5. 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. Attest Passed, approved and adopted this 20th day of June , 2011. in S. Fir stahl, Acting Ci r Clerk 1 Lynn V. Sutton, Mayor Pro -Tem / Masterpiece on the Mississippi Ms. Rosemary T. Lehr 2267 W. 3rd St. Dubuque, IA 52001 RE: Alley Right -Of -Way Vacating Dear Ms. Lehr: Attach. May 20, 2011 Engineering Department City Hall 50 W. 13th Street Dubuque, Iowa 52001 563.589.4270 563.589.4205 (fax) www.cityofdubuque.org The City has had a request to vacate public right -of -way abutting your parcel as shown on the attached sketch. Each abutting property owner is entitled to one -half of the area proposed to be vacated if they are interested. This area has no value to the City except for utility easements which may be reserved. The purchase price will be $400.00 to cover processing, publication, and filing fees. The proposed property lines shown are only approximate and will be determined by a field survey and plat Please check the corresponding statement that describes your interest in the area proposed to be vacated and sign and return a copy of this letter to Engineering. I will purchase all or a part of my portion of said vacating for the amount of $400.00. I am not interested in purchasing any portion of said vacating and consent to disposal of the area to other interested parties. I am not interested in purchasing any portion of said vacating, but consent to the vacating provided I am granted an easement to access the back of my lot through the abutting property. If you have any questions, please call me at 563.589.4270 or email me at rturner(a�cityofdubuque.orq. Rosemary T. Lehr Sincer Printed Name Ronald J.JTur- er, PLS Date: June 22, 2011 RECORDER'S COVER SHEET PLAT OF SURVEY Taxpayer Information: City of Dubuque, Iowa, 50 West 13 Street, Dubuque, IA 52001 Legal Description: Lot 3A of Bennett Street Subdivision, City of Dubuque, Iowa Preparer Information: Ron Turner, Engineering Department, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 Phone: (563) 589 -4277 Return Document To: Kevin S. Firnstahl, Acting City Clerk, City Hall, 50 W. 13 Street, Dubuque, IA 52001 Attachments: Certified Resolution No. 204 -11 Approving plat of proposed vacated portion of a public alley west of Algona Street between West Third Street and Bennett Street in the City of Dubuque, Iowa (University of Dubuque) (Page 1 of 0) PREPARED BY: DANIEL J. HINGTGEN LS 14052 PLAT OF SURVEY for THE VACATION OF THAT PART OF THE ALLEY LOCATED IN THE BENNETT STREET SUBDIVISION IN THE CITY OF DUBUQUE, IOWA, HEREAFTER, KNOWN AS LOT 3A OF BENNETT STREET SUBDIVISION r I I , 2- 1- 1 -1 -18 2 -18 12 DANIEL J. HINGTGEN m 14052 •: $ r * fy v ........ IOWA 1-1-1-1-18 N 01 °19'24" E 20.00' 2- 1 -1 -18 • FOUND 1/2' REBAR Q FOUND 1' IRON PIPE • FOUND 5/8' REBAR w/ CAP • FOUND 5/8" REBAR w/ CAP #4850 • FOUND 5/8" REBAR w/ CAP #12631 LEGEND .t_ DETAIL A DETAIL E P.O.B.— 2 -1 -18 co co 0 5579' -- 58.57' - 50' 57 E 11578' S 88'56'294E 149.82' i DETAIL B 49.98 • N 88 ° 39'19" W 150.87' 50' 50' e 1 r r \ t 1" F < F + I 5 4 SET 5/8' REBAR w/ CAP #14052 ® SET PK NAIL 50' RECORDED 60.00' FIELD MEASURED a VACATED PORTION OF ALLEY Surveyor License n ber: 140.52 My registration renewal date Is December 31, 2012 Pages or sheets covered by thls weak "Th IJ WHKS do CO. 1701 ROUTE 35 NORTH EAST so S 88 ° 39'19" E 11 ,;i;is;;, r I hereby certify that ihle land surveying document woe prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly Ilc. Fed Land Surveyor under the laws of the State of lo 41 Ab■ L u e Dan HingtQe•P • S 88 °39'19" E 260.86' 7 BENNETT STREET DETAIL C- $ 157.97' 4067' DETAILD 1 49.48' — i 4 57 I - � 66' 1 �t -1 - r I L. ` 1 sob0• � 150.87' Dote -1 I' - 1 4- S 88°39'19"E 150.87' 49.81' ' 50' 50• I w-r R DETAIL F- LOT 3A ALLE 50 =10• 1 DETAIL H-‘ DETAIL I �, 51.12' 50 =10' S 86 ° 56'29" E 150.94' WEST 3RD STREET 11 10 9 i0N 10 57.00' / � I y! EN cn 2 to /DETAIL G r --S 01 °19'24" W 20.00' 9 N i- � 1` `O • i ' D T I 50' WHKS & co. ,,al Rant a NOM FAST aaa ma. L 01025 111111111111111111111111111111111111111 Doc ID: 007071070008 Type: DER Kind: SURVEY PLAT Recorded: 08/22/2011 at 03:66:20 PM Fee Amt: $42.00 Page 1 of 8 Dubuque County Iowa Kathy Flynn Thurlow Recorder File2011- 00008782 DUBUQUE, IL 61025 815- 747 -8833 PROPERTY OWNER: CITY OF DUBUQUE SURVEY REQUESTED BY: UNIVERSITY OF DUBUQUE SURVEY CONDUCTED ON: 5/31/2011 75 't 10 75' 25' PLAT OF SURVEY Drown by CV PreJlal No.: 7725010 Drawing Data( 5/70/7041 Droving None. PGT.dy maean - NAwnee - I■e sennass - elan OTT. u eooesnN N l «UB1O T. NA u anwonn. e -1 D ✓ 0 0 D N m m 15' 1 25' 40'- - 15'1 75' ViS 25' 6 1 , 18 ALLEY VACATION DESCRIPTION THE VACATION OF THAT PART OF THE ALLEY LOCATED IN THE BENNETT STREET SUBDIVISION IN THE CITY OF DUBUQUE, IOWA, HEREAFTER, KNOWN AS LOT 3A OF BENNETT STREET SUBDIVISION AND MORE COMPLETELY DESCRIBED AS FOLLOWS: Beginning at the Southwest (SW) Corner of Lot 5 in said Bennett Street Subdivision; thence S 88'39'19" E 150.87 feet to the SE Corner of Lot 3 of said Subdivision; thence S 01'19'24" W 20.00 feet to the NE Corner of Lot 8 of sold Sudlvislon; thence N 88'39'19" W 150.87 feet to the NW Corner of Lot 6 In said Subdivision; thence N 01'19'24" E 20.00 feet to the Point of Beginning. Sald parcel includes 0.07 acres. All of said Lot 3A Is subject to and reserved for an easement for existing public utilities. SURVEYORS NOTE: Bearings ore based on Dubuque Area GIS. SCALE 1' - 50' o 10 25' 50' SHEET 1 of 2 ox i , Book , PaDe , File Number 2011 - 00008782 3 I 2 2.77' Fwwd l/r — 0.68' ALEN DETAIL G Iron P 1 . 1.37' 5 ALLEY DETAIL E (Page 2 of 91 PREPARED BY: DANIEL J. HINGTGEN LS 14052 WHKS & CO. 1701 ROUTE 35 NORTH EAST DUBUQUE, IL 61025 815 - 747 -8833 PLAT OF SURVEY Drown by COP Prot N..I 7J6604 Crowing Dote 3.44/401, Dra•.19 Nana PAT.'p • FOUND 1/2' REBAR Q FOUND 1' IRON PIPE • FOUND 5/8' REBAR w/ CAP FOUND 5/8' REBAR w/ CAP #4850 O FOUND 8/8' REBAR w/ CAP /12631 • SET w/ CAP #14052 ® SET PK NAIL ED VACATED ALLEY LEGEND ♦ HKS & co. 170, ea1R ■ law CAST 61.1.. L 0101S 17001171111 — RM.alO llle 11I1741010 — LAWN ar/. M l % u L R' Y BENNETT ST. Found 1• 0.14' Iron PIP. 2 1 DETAIL A BENNETT ST. Fund sir Robe. Nth Ce /1300 '3.44' -7 r 8 DETAIL D DETAILS NOTE: Detail drawings ore not to scale. BENNETT ST. Found 1' 1 0.14' Iron Pips 2 DETAIL B 7 O I8 4.43' F ound 1' ' Iron PIP. WEST 9RD ST. DETAIL H BENNETT ST. 0.08' - r0.1T d Foun R.ba Ihv.adabl. Cap 2 1 DETAIL C 5 Found 1' Iron Pb. 4 1.17'' 4 ALLEY r 0.34' DETAIL F 8 Found I' Iron Pipe WEST 3RD ST. DETAIL I 2.42' 9 SHEET 2 of 2 Book , Paae . File Number 2011 - 00008782 mug. 1 of 91 PREPARED BY: DANIEL J. HINGTGEN LS 14052 WHKS & CO. 1701 ROUTE 35 NORTH EAST DUBUQUE, IL PLAT OF SURVEY for THE VACATION OF THAT PART OF THE ALLEY LOCATED IN THE BENNETT STREET SUBDIVISION IN THE CITY OF DUBUQUE, IOWA, HEREAFTER, KNOWN AS LOT 3A OF BENNETT STREET SUBDIVISION 1- 1- 1 -1 -18 DETAIL E P.O.B. N 01 °19'24" E 20.00' 0 ; ; gs\i 1 -1 -18 10' • FOUND 1/2" REBAR O FOUND 1" IRON PIPE O FOUND 5/8" REBAR w/ CAP ® FOUND 5/8' REBAR w/ CAP /4850 • FOUND 5/8" REBAR w/ CAP /12831 , ,,,,,euu,nu rr ,, ,. DANIEL J. HINGTGEN : 14052 S• •••,, ••• fOWA •a• *• .. ''q, 12 ;1'; „IE'., 11 .; uE3:) 'V DETAIL A DETAIL B-t BENNETT STREET DETAIL 2 -1 -18 2- 1- 1 -1 -18 2 -18 LEGEND , 50' �'- N 88 ° 39'19” W 150.87' -, 50' 6 B 7 8 h DETAILH DETAILI r 61.17 0'0' l !fil 50 -lo' 81 g „� 1, , r 10 s <n co -- 11 - - -- 6 Be'68'29• 11573' • E 149.87 '/ SET 5/8' REBAR O w/ CAP #14052 ® SET PK NAIL $o' RECORDED 50.00' FIELD MEASURED a VACATED PORTION OF ALLEY S 88'39'19' E 260.86' - 4958' I- 157.97' Ea' t_J 30' I 50 -10' S 88•39'19' E 150.87' t 5 ` 1 1 I r _ � t � 4t r- 1 6. ar' rl •'" 4 1 3 3 2 ,-- S 88 °39'19" E 150.8T 49.81' 1'ra 50' i 7 30 • 10•-l0• 'r R DETAIL F `' LOT 3A ALLEY S 86 ° 56'29" E 150.94' -- WEST 3RD STREET I I I I1t_ 11 I hereby certify that thle land cur entng document woe me oreunmt the direct�pxw supp cud by tthat I am a duly II sad Land Surveyor under the lows of the Slate of lo 114; A Dan Hingtg rf • d Surveyor Date Lkense n ben 11032 My registration renewal dole Is December 31. 2012 Pages or sheets covered by this sea• 11. la) N 10 3r 67.00' 0) DETAIL 0 •' ' - I „• I 'lI '.1 1I Is I 57' S 01 °19'24" W 20.00' , 4531' 49.48' m' r- ' fi T5' 10 9 8 PLAT OF SURVEY Dram by aRf Project w0': 7.111100 Oraaeq Data 3/20/2011 Omnh,e Mans P(ALa.p WHKS & CO. 2 101 earn MI Marts 1NT oWai I Was Mama nANeA — We MMus hood arc a eoae]lel, W MIIMsL IA Ale>L N eMwmoA a INI1111®11111lII Doc ID: 007071070006 Type: OER Kind: SURVEY PLAT Recorded: 06 /22/2011 at 03:65:20 PM Fee Ant: $42.00 Page 1 of S Dubuque County IoqwYa Kathy Flynn Thurlow Recorder File 2011-00008782 61025 PROPERTY OWNER: CITY OF DUBUQUE SURVEY REQUESTED BY: UNIVERSITY OF DUBUQUE SURVEY CONDUCTED ON: 5/31/2011 \ e l 1 15" 1 2 5' r G) 0 z IN Ca 73 m DETAIL D 15' II 15' 815- 747 -8833 :1 21' 1 18 ALLEY VACATION DESCRIPTION THE VACATION OF THAT PART OF THE ALLEY LOCATED IN THE BENNETT STREET SUBDIVISION IN THE CITY OF DUBUQUE, IOWA, HEREAFTER, KNOWN AS LOT 3A OF BENNETT STREET SUBDIVISION AND MORE COMPLETELY DESCRIBED AS FOLLOWS: Beginning at the Southwest (SW) Corner of Lot 5 In said Bennett Street Subdivision; thence S 88'39'19" E 150.87 feet to the SE Corner of Lot 3 of said Subdivision; thence S 0119'24' W 20.00 feet to the NE Corner of Lot 8 of said Sudlvision; thence N 88'39'19" W 150.87 feet to the NW Corner of Lot 6 In said Subdivision; thence N 0119'24" E 20.00 feet to the Point of Beginning, Said parcel includes 0.07 acres. All of said Lot 3A is subject to and reserved for an easement for exIsting public utilities. SURVEYORS NOTE: Bearings ore based on Dubuque Area GIS, SCALE 1' - 50' tO M O td 25' 6(r SHEET 1 of 2 Book , Pace , Pile Number 2011- 00008782 (Page 3 of 8) THE VACATION OF THAT PART OF THE ALLEY LOCATED IN THE BENNETT STREET SUBDIVISION IN THE CITY OF DUBUQUE, IOWA, HEREAFTER, KNOWN AS LOT 3A OF BENNETT STREET SUBDIVISION � /yam The foregoing plat and survey, and the following description are made with free consent and in accordance with the desire of the City of Dubuque. DUBUQUE, IOWA THE VACATION OF THAT PART OF THE ALLEY LOCATED IN THE BENNETT STREET SUBDIVISION IN THE CITY OF DUBUQUE, IOWA, HEREAFTER, KNOWN AS LOT 3A OF BENNETT STREET SUBDIVISION AND MORE COMPLETELY DESCRIBED AS FOLLOWS: Beginning at the Southwest (SW) Corner of Lot 5 In said Bennett Street Subdivision; thence S 88 °39'19" E 150.87 feet to the SE Corner of Lot 3 of said Subdivision; thence S 01 °1924" W 20.00 feet to the NE Corner of Lot 8 of said Subdivision; thence N 88 °39'19" W 150.87 feet to the NW Corner of Lot 6 In said Subdivision; thence N 01 °19'24" E 20.00 feet to the Point of Beginning. Said parcel includes 0.07 acres. All of said Lot 3A is subject to and reserved for a utility easement for existing public utilities. Attest: evin Fim hl, Acting ity Clerk STATE OF IOWA ) ss. COUNTY OF DUBUQUE On this(() day of JJ.UU d 2011, before me a Notary Public In and for said County and said State, personally appeared Roy D. Buol and Kevin Fimstahl, to me personally known, who, being by me duly sworn, did say that they are the Mayor and Acting City Clerk respectively, of the City of Dubuque, Iowa; that saKinstrument was signed on behalf of said City of Dubuque by authority of Resolution No. — // and that the said Roy D. Buol and Kevin Fimstahl as such officers, acknowledged the execution of said Instrument to be the voluntary act anyLdeed,pf said corporation, by it and by them voluntarily execute No ry Publ c In the tate oflo a C mmission Expires: 'owe By: NOTARY CERTIFICATE SUSAN M. WINTER COMMISSION NO.183274 MY COMMISSION EXPIRES 2/14/14 CITY OF DJJBUQUE, IOWA 44„/ Rolg Buol, Mayor ,2011 Book , Paae . File Number 2011 - 00008782 (Pogo 4 of 8) DUBUQUE, IOWA t 2e) 2011 The Dubuque City Council of the City of Dubuque, Iowa do hereby certify that the foregoing plat of THE VACATION OF THAT PART OF THE ALLEY LOCATED IN THE BENNETT STREET SUBDIVISION IN THE CITY OF DUBUQUE, IOWA, HEREAFTER, KNOWN AS LOT 3A OF BENNETT STREET SUBDIVISION In the City of DuNqque, Iowa has been filed In the office of the Clerk of the City of Dubuque, that by Resolution No.20 // the Dubuque City Council approved said plat. DUBUQUE, IOWA CITY COUNCIL CITY ASSESSOR CITY PLANNER Roy D. B • , Mayor City of D buque, Iowa Kevin Fimstah , Acting City City of Dubuque, Iowa lerk DUBUQUE, IOWA (Pine c .2 2011 The foregoing lat was entered of record In the office of the Dubuque City Assessor this day of 2011. Richard Engelken Assessor of the City of Dubuque, Iowa 3 2011 The foregoing plat was entered of record In the office of the Dubuque City Assessor this day of 2011. Laura Carstens Planning Services Manager of the City of Dubuque, Iowa Book , Paae , File Number 2011 - 00008782 (Page 5 of 8) : Ir,: COUNTY RECORDER DUBUQUE, IOWA J LU I 2'00 , 2011 The foregofng of THE VACATION OF THAT PART OF THE ALLEY LOCATED IN THE BENNETT S., R.gET SUBDIVISION IN THE CITY OF DUBUQUE, IOWA, HEREAFTER, KNOWN AS LO .SA OF BENNETT STREET SUBDIVISION has been reviewed by the Dubuque Courity.rder. e CI • Kathy Flynn hurlow Recorder of Dubuque County, Iowa COUNTY AUDITOR +e 1 ' Y + \ �'� V 6 U DUBUQUE, IOWA dt J r.4f • v- ,• The foreV plat was entered of record In the office of the Dubuque t±ounfy Auditor this`_a ' day e of UM e, 2011. . la ' " 1 _,�;, N11.4 M Denise M. Dolan ,, Auditor of Dubuque County;, Book , Paae . File Number 2011 - 00008782 (Page 6 of 8) Prepared by: ' Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 Ronald J. Turner, City of Dubuque, 50 W.13'" Street, Dubuque, IA 52001 (563) 589 -4270 RESOLUTION NO. 204 -11 RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF A PUBLIC ALLEY WEST OF ALGONA STREET BETWEEN WEST THIRD STREET AND BENNETT STREET IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated June 1, 2011, prepared by WHKS & Co. describing the proposed vacated portion of a public alley west of Algona Street between West Third Street and Bennett Street to be known as Lot 3A of Bennett Street Subdivision in the City of Dubuque, Dubuque County, Iowa; 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 1, 2011, prepared by WHKS & Co., 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, television cable, fiber optics, and electric lines as may be authorized by the City of Dubuque, Iowa, over and across Lot 3A of Bennett Street Subdivision. 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. Book , Page , File Number 2011 - 00008782 (Page 7 of 8) Attest: Passed, approved and adopted this 20th day o June , 2011. V. Sutton, Mayor Pro -Tem Book , Page , File Nwnber 2011 - 00008782 (Page 8 of 8) STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, Acting City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such Acting City Clerk I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution 204 -11 is a correct copy of the original Resolution 204 -11 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 20th day of June, 2011. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 22nd day of June, 2011. 0 • • t) r •• '•� ,'�� , A, , 1 lt tr CERTIFICATE of the CITY CLERK C Kevin S. Firnstahl Acting City Clerk Book , Page , File bamber 2011- 00008782 Date: July 1, 2011 RECORDER'S COVER SHEET QUIT CLAIM DEED UNIVERSITY OF DUBUQUE Preparer Information: Ron Turner, Engineering Department, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 Phone: (563) 589 -4277 Taxpayer Information: City of Dubuque, Iowa, 50 West 13 Street, Dubuque, IA 52001 Return Document To: Kevin S. Firnstahl, Acting City Clerk, City Hall, 50 W. 13 Street, Dubuque, IA 52001 Legal Description: Lot 3A of Bennett Street Subdivision, City of Dubuque, Iowa Attachments: Certified Resolution No. 205 -11 Approving plat of proposed vacated portion of a public alley west of Algona Street between West Third Street and Bennett Street in the City of Dubuque, Iowa (University of Dubuque) Acceptance of Resolution 205 -11 Quit Claim Deed Groundwater Hazard Statement Ingress and Egress Easement Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113 Return to: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113 Tax statement to: James Steiner University of Dubuque 2000 University Avenue Dubuque, IA 52001 For the consideration of One Dollar and other valuable consideration, the City of Dubuque, Iowa does hereby Quit Claim to The University of Dubuque, all its right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa: Iowa Attest: QUIT CLAIM DEED Lot 3A of Bennett Street Subdivision in the City of Dubuque, Dubuque County, 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, fiber optics, gas, telephone, television cable, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey of Lot 3A of Bennett Street Subdivision in the City of Dubuque, Dubuque County, Iowa recorded on the 22 day of June 2011 , Instrument Number 2011 -8782 Exempt: Iowa Code § 428A.2(6) Deed in which a political subdivision of the state of Iowa is the grantor Dated: June 29, 2011 Ke ' Firnstah , Acting City Clerk 1 iiiiiii 111111 iii hill iiiii IIIII iiiii IIIII IIIII iiiii IIIII IIIII hill iiiii iiii iiii Doc ID: 007080770006 Type: GEN Recorded: 07/06/2011 at I 03:32:51 PM Fee Amt: $37.00 Page 1 of 6 'Revenue Tax: $0.00 Dubuque County Iowa Kathy Flynn Thurlow Recorder Fi1e2011_ 00009522 Mayor R•r D. Buol SPACE ABOVE THIS LINE FOR RECORDER CITY OF DUBUQUE, IOWA STATE OF IOWA, DUBUQUE COUNTY, ss: On this 29 day of June, , 2011, before me a Notary Public in and for said County and said State, personally appeared Roy D. Buol and Kevin Firnstahl to me personally known, who, being by me duly sworn, did say that they are the Mayor and Acting City Clerk respectively, of the City of Dubuque, Iowa; that said instrument was signed on behalf of said City of Dubuque by authority of Resolution No. 205 -11 and that the said Roy D. Buol and Kevin Firnstahl as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said municipal cor• oration, by it and b them voluntarily executed. 4 , Notary public SUSAN M. WINTER COMMISSION NO,183274 MY COMMISSION EXPIRES Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563) 589 -4270 RESOLUTION NO. 205 -11 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 3A OF BENNETT STREET SUBDIVISION, IN THE CITY OF 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 10th day of June , 2011, the City Council of the City of Dubuque, Iowa met on the 20th day of June , 2011, at 6:30 p.m. in the Historic Federal Building, Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa, to consider the proposal for the sale of real estate described as: Iowa Lot 3A of Bennett Street Subdivision in the City of Dubuque, Dubuque County, ' 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 3A of Bennett Street Subdivision in the City of Dubuque, Iowa to the University of Dubuque be and the same is hereby approved for the sum of $9,900.00, 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, over and across Lot 3A of Bennett Street Subdivision. Section 3. That the University of Dubuque provide an ingress and egress easement to Rosemary T. Lehr from Bennett Street right -of -way to the north line of Lot 6 of Bennett Street Subdivision in the City of Dubuque, Iowa. Section 4. 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 University of Dubuque upon receipt of the purchase price in full. Section 5. 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. Attest Passed, approved and adopted this Af K- in S. Fir stahl, Acting Ci J Clerk 20th day of June , 2011. Lyn ► V. Sutton, Mayor Pro -Tem STATE OF IOWA SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, Acting City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such Acting City Clerk I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 205 -11 is a correct copy of the original Resolution No. 205 -11 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 20th day of June, 2011. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 22nd day of June, 2011. CERTIFICATE of the CITY CLERK K- in S. Firnstahl Acting City Clerk ACCEPTANCE OF RESOLUTION NO. 205 -11 (we), the undersigned, r ,10,n.a, `� • �nlL v� representing 7? . ekh/ersv/ o /Duh, u. r having read the term'and conditions of the Resolution No. ©�' -11 and Being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this day of 2011. By TRANSFEROR: Name City of Dubuque, Iowa REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR Address 50 West 13th Street Dubuque Iowa 52001 TRANSFEREE: Name University of Dubuque Address of Property Transferred: n/a 11111 1111111111111111111M ii iiii iiii Doc ID: 007080780002 Type: GWH Kind: GROUNDWATER HAZARD Recorded: 07 /06/2011 at 03:33:03 PM Fee Amt: $0.00 Pape 1 of 2 KathyuFlynnnThurlow Recorder Fi Number and Street or RR City, Town or P.O. State Zip Address 2000 University Avenue Dubuque Iowa 52001 Number and Street or RN City, I own or P.O. State Lip Number and Street or RR City, 1 own, or P.O. State Lip Legal Description of Property: (Attach if necessary) Lot 3A of Bennett Street Subdivision in the City of Dubuque, Dubuque County, Iowa 1. Wells (check one) There are no known wells situated on this property. There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) There is no known solid waste disposal site on this property. _ There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) y" There is no known hazardous waste on this property. There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. 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.) There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542 -0960 (Sept. 1, 2010) a DU -95aa-- 5. Private Burial Site (check one) ZC There are no known private burial sites on this property. There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) _ All buildings on this property are served by a public or semi - public sewage disposal system. X This transaction does not involve the transfer of any building. _ There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: Signature: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AT THEIRIFORMATION STATED ABOVE IS TRUE AND CORRECT. (Transferor or FILE WITH RECORDER Telephone No.: (5403 ) 589 421 DNR form 542 -0960 (Sept. 1, 2010) PREPARED BY: DAN HINGTGEN LS NO 14052 WHKS & CO. 1701 ROUTE 35 NORTH EAST DUBUQUE, IL 61025 815 - 747 -8833 RETURN TO: JIM STEINER UNIVERSITY OF DUBUQUE 2000 UNIVERSITY AVENUE DUBUQUE, IA 563- 589 -3000 University of Dubuque ( "Grantor"), do hereby grant unto: Rosemary T. Lehr 2267 West 3rd Street Dubuque, Iowa 52001 INGRESS AND EGRESS EASEMENT A twenty foot wide ingress and egress easement over and across Lot 5 in Bennett Street Subdivision and Lot 18 of O'Hare's Subdivision in the City of Dubuque, for the purpose of providing Rosemary T. Lehr, (Grantee) access from Bennett Street to the north side of Lot 6 in said Bennett Street Subdivision as shown on the attached Exhibit A. Grantee shall be responsible for damages and cleanup of the easement area used for ingress and egress that is caused by the Grantee. Said ingress and egress easement area is expressly subject to the rights of Grantor. The Grantor shall not erect any structure or stockpile any material that prohibits the use of the ingress and egress easement area by the Grantee without the written consent of the Grantee. It is understood and agreed upon that the intent of this easement is to provide the Grantee, with ingress and egress to the north side of said Lot 6 and not to restrict the Grantor from the intended use of the parking lot and driveways. Dated at Dubuque, Iowa this a day of UNIVERSITY OF DUBUQUE 11111111111111111111111111111111111111111111111111111111111111111111111111111111 Doc ID 007080790003 Type: GEN Kind EASEMENT Recorded: 07/06/2011 at 03:33:25 PM Fee Amt: $17.00 Pape 1 of 3 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e20 1 1- 000095 2 3 , 2011. J. es Steiner, Vice President of Finance and Auxiliary Services NOTARY CERTIFICATE STATE OF IOWA ) ) ss. COUNTY OF DUBUQUE ) On this c2.y day of , 2011, before me a Notary Public in and for said County d said State, personally appeared James Steiner, to me personally known, who, being by me duly sworn, did say that he is the Vice President of Finance and Auxiliary Services, of the University of Dubuque, Iowa; that said instrument was signed on behalf of the University of Dubuque and that said James Steiner as such officer, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Nijtary Public in the State Iowa Commission Expires: /4 / ,p4 iw /Ow) JEAN M. HOGAN Commission Number 706309 My Commission Expires October 18, 2012 " ' I ` F ' 1 - 1 1 \ , L 1 4- 1 1 1 / 1 1 1 / \ 1 \ I V / r f 1 \ / 1 1 \ Y \ I' / 0 s 58.57' WHKS & co S 86 ° 56'29" E 150.94' 1701 ROUTE 35 NORTH EAST DUBUQUE. IL 61025 ENGINEERS PLANNERS LAND SURVEYORS MASON CITY, IA ROCHESTER. MN DUBUQUE. IA AMES. IA SPRINGFIELD, IL S 86 °56'29" E 149.82' S 88 °39'19" E 260.86' BENNETT STREET 49.98' 157.97' WEST 3RD STREET 57' - �S 01 °19'24" W 20.00' 49.48' EXHIBIT A 20.0' WIDE INGRESS - EGRESS EASEMENT FOR LOT 6 IN BENNETT STREET SUBDIVISION N 40' --► 15' 25' r 0 Z 'A '-I _- m rn 40' - -- 15' i 25' SCALE 1" = 60' 0 15' 30' 60' 20.0' WIDE INGRESS - EGRESS EASEMENT ACCEPTANCE OF RESOLUTION NO. 205 -11 1 we), the undersigned, J,.wu `b 2A V f � representing '�, (kh/ers4 WA/Ai/vie. having read the term and conditions of the Resolution No. U'5 -11 and eing familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this day of 2011.