Pine Street - Request to Vacate
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RESOLUTION NO. 479-00
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 212A OF
EAST DUBUQUE ADDITION IN THE CITY OF DUBUQUE, IOWA
Whereas, the John L. Sadler and Nathan J. Sadler, as tenants in common, d/b/a
Sadler Power Train, Inc., have requested the vacating of the westerly 17 feet of Pine Street
between East 14th Street and East 15th Street.
Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City
Council a plat showing the vacated portion of Pine Street and assigned lot numbers
thereto, which hereinafter shall be known and described as Lot 212A of East Dubuque
Addition in the City of Dubuque, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has determined that this the
westerly 17 feet of Pine Street between East 14th Street and East 15th Street 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 212A of East Dubuque Addition 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 212A
of East Dubuque Addition in the City of Dubuque, Iowa.
Section 2. That the conveyance of Lot 212A of East Dubuque Addition in the City
of Dubuque, Iowa to the John L. Sadler and Nathan J. Sadler, as tenants in common, be
contingent upon the payment of $3,648.00, 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, t.v. cable, and electric lines as may be authorized by the City of
Dubuque, Iowa, as indicated on the Plat of Survey of Lot 212A of East Dubuque Addition
in the City of Dubuque, Iowa.
Section 4. In consideration for the conveyance of the foregoing property, John
L. Sadler and Nathan J. Sadler, as tenants in common, agree that they shall each
permanently screen all outdoor storage now or hereafter located on the property conveyed
pursuant to this resolution, so that such outdoor storage cannot be seen from anywhere
outside the premises, including but not limited to the elevated highway adjacent to the
property. The foregoing requirement shall be set forth in the form of a restrictive covenant
in the deed of conveyance and may be enforced by the grantor by injunctive or other
appropriate relief.
Section 5. 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
bylaw.
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Passed, approved and adopted this 2nd day of October
Attest:
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eanne F. Schneider, City Clerk
,2000.
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John Markham, Mayor Pro-Tern
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RESOLUTION NO. 480-00
RESOLUTION APPROVING PLAT OF THE PROPOSED VACATED WESTERLY
17 FEET OF PINE STREET BETWEEN EAST 14TH STREET AND EAST 15TH
STREET
Whereas, there has been presented to the City Council of the City of Dubuque,
Iowa, a plat dated August 30, 2000, prepared by IIW Engineers & Surveyors, P.C.,
describing the westerly 17 feet of Pine Street between East 14th Street and East 15th
Street; 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 August 30, 2000, prepared by IIW Engineers &
SurVeyors, P.C., 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, as indicated on the Plat of Survey of Lot 212A of East Dubuque Addition
in the City of Dubuque, Iowa.
Section 3. In consideration for the conveyance of the foregoing property, John
L. Sadler and Nathan J. Sadler, as tenants in common, agree that they shall each
permanently screen all outdoor storage now or hereafter located on the property conveyed
pursuant to this resolution, so that such outdoor storage cannot be seen from anywhere
outside the premises, including but not limited to the elevated highway adjacent to the
property. The foregoing requirement shall be set forth in the form of a restrictive covenant
in the deed of conveyance and may be enforced by the grantor by injunctive or other
appropriate relief.
Section 4. 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.
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Passed, approved and adopted this 2nd day of October
Attest:
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,2000.
~~XK4\4~r
John Markham, Mayor Pro-Tern
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ORDINANCE NO. 80-00
ORDINANCE VACATING THE WESTERLY 17 FEET OF PINE STREET
BETWEEN EAST 14TH STREET AND EAST 15TH STREET
Whereas, Sadler Power Train, Inc. has requested the vacating of the westerly 17
feet of Pine Street between East 14th Street and East 15th Street; and
Whereas; IIW Engineers & Surveyors, P.C. has prepared and submitted to the City
Council a plat showing the vacated portion of Pine Street and assigned lot numbers
thereto, which hereinafter shall be known and described as Lot 212A of East Dubuque
Addition, in the City of Dubuque, Dubuque County, Iowa;
Whereas, the City Council of the City of Dubuque, Iowa has determined that the
westerly 17 feet of Pine Street between East 14th Street and East 15th Street is no longer
required for public use, except for utility easements as noted, and vacating of said portions
of Pine Street known as Lot 212A of East Dubuque Addition 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 real estate described as Lot 212A of East Dubuque Addition
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 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, as indicated on the Plat of Survey of Lot 212A of East Dubuque Addition
in the City of Dubuque, Iowa.
Passed, approved and adopted this 2nd day of October
,2000.
~ ~uJ.o.A-..w
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John Markham, Mayor Pro-Tern
Attest:
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eanne F. Schneider, City Clerk
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2000 OCT 20 -''AM If: :,5 ..
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KATHY FLYNN THURLOW
COUNTY RECORDER
DUBUQUE CO.. IOWA FEES
Prepared by: Mike Koch, City of Dubuque, 50 West 13th, Dubuque, lA, (319) 589-4270 .; / /. 00
ORDINANCE NO. ~ - 00
ORDINANCE VACATING THE WESTERLY 17 FEET OF PINE STREET
BETWEEN EAST 14TH STREET AND EAST 15TH STREET
Whereas. Sadler Power Train, Inc. has requested the vacating of the westerly 17
feet of Pine Street between East 14lh Street and East 15lh Street; and
Whereas; IIW Engineers & Surveyors, P.C. has prepared and submitted to the City
Council.a.p~a\.$~ the vacated. portion of Pine. Street and assigned. lot numbers
thereto;-..Wl'ikDhat.~shdbe:knowRaod.des.~jbed,as Lot 212A of.East Dubuque
. ,', , "'" .., " ,
Addition. in the.City,ofDubuque, DubuquaCounty1Jowa;
:~7 $).{i ~~ ~~_,.c: . ''i-- . ......... . . .
Whereas, the City Council of the City of Dubuque. Iowa has determined that the
westerly 17fS'~jg&Street~~14th Strea-and East.15lh Street-is no longer
required for pu He use. except for utility easements as noted. and vacating of said portions
of Pine Street known as Lot 212A of East Dubuque Addition 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 real estate described as Lot 212A of East Dubuque Addition
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 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, as indicated on the Plat of Survey of Lot 212A of East Dubuque Addition
in the City of Dubuque, Iowa.
Passed, approved and adopted this 2nd day of October
,2000.
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"Re !AxDuggaRJ!Aayel
John Markham. Mayor Pro-Tern
Attest:
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~anne F. Schneider. City Clerk
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. \ 12230-00
2UOO OCT 20 AM II: 15
KATHY fLY/'W THU:lLOW
COUNTY RECORDER
DUBUQUE CO.. IOWA fEES ;:)/.00
PREPARED BY:
IIW ENGINEERS ole SURVEYORS P.C.
4155 PENNSYLVANIA AVE.
DUBUQUE. IOWA.
(319) 556-2464
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DESCRIPTION:
PLA T OF SURVEY
LOT 212A OF EAST DUBUQUE ADDITION
IN THE CITY OF DUBUQUE, IOWA
A VACATED PORTION OF PINE STREET RIGHT-OF-WAY IN TI-IE CITY OF
DUBUQUE. IOWA
12230~OO
LEGEND
GRAPHIC SCALE
- PROPERTY UNE
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FOUND 5/8" IRON ROO
WI CAP NO. 12631
FOUND I" IRON PIPE
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NOTE: LOT 212A OF EAST
DUBUQUE ADDITION IS
HEREBY RESERVED AS A
PUBLIC UTILITY EASEMENT.
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LOT 212A
AREA - 0.10 ACRES
4398 SO.n.
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PROPRIETOR: CITY OF DUBUQUE. IOWA
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I HEIlEIlY CER11FY 1lfA T THE SUlVEY WAS DONE AND 1HlS PI.A T WAS
IIA1lE BY lIE OR UND€R IIY DIRECT PERSONAL SUPER1IISION
AND THAT I All A OUL Y UCENSED LAND SURVEYOR UNDER THE
LAWS OF THE STATE OF IOWA.
FOR IIW ENGINEERS AND SURVEYORS, P.c.
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8-30-(}Q
DATE
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Iowo. Illinois, Wisconsin
4155 Penns)4vania Ave.
Dubuque. IA 52002
319.55l1.2464
Gutt"'_Il..A . HonI Green, WI
PlAT NO. l00-IA-OO
I'ROJ. NO. 007116
SHEET 1 of "3
007"6-11
LICENSE NO. 12631
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ZOCO OCT 20 AM": 16
KATHY FLYNN THUR'...O'N
COUNTY RECORDER
DUBUQUE CO.. IOWA fEES fJ.loD
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (319) 589-4270
Address Tax Statement: John L. Sadler and Nathan J. Sadler, as Tenants in Common, 10531" Street
SW, Cedar Rapids, IA 52404
QUIT CLAIM DEED
The City of Dubuque, Iowa, a municipal corporation of Dubuque County, Iowa, for good and valuable
consideration, does hereby Quit Claim unto:
John L. Sadler and Nathan J. Sadler
As Tenants in Common
105 31" Street SW
Cedar Rapids, IA 52404
all its rights, title, and interest in the following-described real estate situated in Dubuque County, Iowa,
to-wit:
Lot 212A of East Dubuque Addition in the City of Dubuque, Dubuque County, Iowa
The City reserves unto itself a perpetual easement including the right of ingress and egress thereto, for
the purpose of erecting, installing, constructing, reconstruction, 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, as shown on the plat of Survey of Lot 212A of East Dubuque Addition.
John L. Sadler and Nathan J. Sadler, as tenants in common, agree that they shall permanently screen
all outdoor storage now or hereafter located on the foregoing property, so that such outdoor storage
cannot be seen from anywhere outside the premises, including but not limited to the elevated highway
adjacent to the property. This covenant may be enforced by the grantor by injunctive or other
appropriate relief. This covenant shall run with the land and shall be binding on the grantee and the
grantees' heirs, successors, and assigns.
No declaration of value is required according to Iowa Code Section 428A.1 .
This ~ is given pursuant to the authority of Resolution No~-~of the City of Dubuque, adopted
/c ~, 2000, the terms and conditions thereof, if any, having been fulfilled.
Signed this /C;/~ daYOfOC/k~~, 2000.
Attest:
By:
STATE OF IOWA )
) ss
DUBUQUE COUNTY )
On this L ~y of tf)r.M,flLf./ ,2000, before me, the undersigned, a Notary Public in
and for the state of Iowa, personally appeared Terrance M. Duggan and Jeanne F. Schneider, to me
personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Dubuque, Iowa, a municipal corporation; that the seal affixed to the
foregoing instrument is the corporate seal of said corporation, 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 t~l,(,~day ofu~kk_ ,
2000; and Terrance M. Duggan and Jeanne F. Schneid r aCknoW!edQ~':~ tion of the
instrument to be their voluntary act and deed and the vol rv~t .~,e corp ration, by
it voluntarily executed. :' ':>\-;:. ~
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Sheet 3 of 3
CITY COUNCIL
Dubuque, Iowa
October 2
, 2000
Pro-Tern
The undersigned, Mayor and Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing plat
in the City of Dubuque, Iowa, as appears on Sheet 1 of3 hereofhas been filed in the office of the Clerk of
the City of Dubuque, and that by Resolution No. 480-0ahe Dubuque City Council approved said plat
T~~- Markham
~oftheCityofDubuque ~fayor Pro-Tern
~//r~J~~hJ~
eanne F. Schneider
Clerk of the City of Dubuque
COUNfY AUDITOR
Dubuque, Iowa
()dk-e r / '7 ti1
. 20 Q::;>
The foregoing plat was entered of record in the office of the Dubuque County Auditor this I r;. -k.
day of C\"'-t..J.o....... . 2004>
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CITY ASSESSOR
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The fOre~%t was entered o/t:record in the office of the Dubuque City Assessor this
day of . {3{?" .20~O .-'l"~"- .... .
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Dubuque, Iowa
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City Assessor of Dubuque. Iowa
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Sheet 2 of3
SURVEYOR'S CERTIFICATE
I, John M. Tranmer, hereby certifY that I am a Licensed Land Surveyor in the State of Iowa, and that the
following tract of real estate was surveyed and platted by me or under my direct personal supervision, To
Wit:
A vacated portion of Pine Street right-of-way in the City of Dubuque, Iowa, more particularly described
as follows:
Beginning at the Southeasterly comer of Lot 212 in said East Dubuque Addition;
Thence North 23 degrees 38 minutes39 seconds West, 258.69 along the Easterly line of Lots 212 through
216 of said East Dubuque Addition, to the Northeasterly comer of said Lot 216;
Thence North 66 degrees 21 minutes 23 seconds East, 17.00 feet along the Easterly extension of the
Northerly line of said Lot 216;
Thence South 23 degrees 38 minutes 39 seconds East, 258.71 feet along a line 17.00 feet Easterly of (as
measured at right angles) and parallel to the Easterly line of said Lots 212 through 216;
Thence South 66 degrees 26 minutes 20 seconds West, 17.00 feet along the Easterly extension of the
Southerly line of said Lot 212, to the point of beginning.
TIlls survey was performed for the purpose of vacating and platting said real estate henceforth to be
known as Lot 212A of East Dubuque Addition in the City of Dubuque, Iowa, containing 0.10 acres
(4398 square feet), more or less, and subject to easements, reservations, restrictions, and rights-of-way of
record and not of record, the plat of which is attached hereto and made a part of this certificate.
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I hereby certifY that this land surveying document was prepared and the
related survey work was performed by me or under my direct personal
supervision and that I am a duly licensed Land Surveyor under the laws of the
State ofIowa.
FOR IIW ENGINEERS AND SURVEYORS, P.C.
SEAL
8-30-00
Jo M. Traumer Date
License Number 12631
My license renewal date is December 31, 2000
Pages or sheets covered by this seal: Surveyor's Certificate Only
OWNER'S CONSENT
Dubuque
,Iowa
October 2
. 20-.Q.O
The foregoing plat of Lot 212A of East Dubuque Addition in the City of Dubuque, Iowa, is made with
the free consent and in accordance with the desires of the undersigned owners and proprietors of said real
estate.
a kham, Mayor Pro-Tem
State ofIowa )
County of ) ss;,
October 20~ before me, the undersigned, a Notary Public in and
nally appeared' John Markam;: and Jeanne F. Schneider to me personally
'duly Sworn, did say that the said 'John Ma rkham is Mayo,... and the said Pro- T em
Clerk of the City of Dubuque, Iowa, and that said instrument wa&'signed and
City of Dubuque, Iowa, by authority of the City Councill:)t~~~dthe
. rkham" and Jeanne F. Schneider ac wledged the execution of sailt.ftr..~qit-:to be
,~~fsaid City of Dubuque, Iowa, }J it voluntarily executeli. .::.... \1&(":::;:'-::\'
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REAL ESTATE TRANSFER- GROUNDWATER HAZARD STATEMENT
Pl.... rcad th. filinl instru.tions on th. rev.... sid. BEFORE .ompl.tinl this form.
PART I - TO BE COMPLETED BY TRANSFEROR
(Please Type or Print Legibly)
TRANSFEROR Name
Ci ty of 1ltx.Q.Je, lao.a
I Address 50 W. 13th Street sw [ti)uaue IA 5?m~
NlIlDtJa'....~OIIUl (.;&Cy. iowa or ...U. .....
j TRANSFEREE Name J:m L. Sadl er & Nathan J. Sadler
Address 105 31 st Street sw . Cedar Raoids IA 574111.
Number aad ~ ell' IlK Lary. Iowa or P.o. .....
Address of Property Transferred NA ..... Up
NtII!IIbcr....:>>cnct:orKK l:Ily, JOWII. or P.O.
Legal Description of Property
1. Wells (check one)
)(] 1berc arc no known wells situated on this property.
o 1bere is . wen or wells situated Oft this property. 1be type(s).1oeatioa(s) aDd legal status arc stated below.
2. Solid Waste DIsposaJ (checkoae)
)(J 1bere is no known solid wasle disposal site on this property.
o There is a solid wUte disposaI site on this property, but no notice has been received from the Department of Natunl Resources that the
site is deemed to be potentially hazardous.
o There is a solid waste disposaI site on this property which has been deemed to be potentially hazardous by the Department ofNatunl
Resources. The location(s) of the site(s) is stated below.
'.
3. Hazardous Wastes (check one)
,p There is no known hazardous waste on this property.
o There is hazardous waste on this property and it is being managed in accordance with Department ofNatura1 Resources rules.
4. Underground Storage Tanks (check one)
)() There arc 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.)
o There is an underground storage tank or tanks on this property. 1be type(s), size(s) and any known substance(s) contained arc descnbt
below.
5. Private Burial Site (check one)
JO 1bere arc no known private burial sites on this property.
o There is a private burial site on this property. The location(s) of the site(s) is stated below. The known identifying information of the
· decedent is stated below.
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Information, if any, required by statements checked above:
Attachment for Additional Information? Y I N If so, number of pages
I HEREBY DECLARE THAT THE INFORMATION CONTAINED IN PART 1 OFTIDS STATEMENT IS TRUE AND CORRECT
Signature: 1J/~)/d- 1-';~-Oo Telephone Number: _~589-4270
(r..:.~"''''~lj Michael A. I<cch
---------
Date of Instrument r - 30 - CO
Date of Recording 10, cJO -rn
'P .J>.o,y
Deed 0 Contract 0 County
PART n - TO BE COMPLETED BY RECORDER
BooldI.D. 00
@rTownship ~.P""'d""
PagelI.D.
I...uJO
DNR form (July 99)
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FILE WITH RECORDER
(See Instruction #6)
541_
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