The URL can be used to link to this page

Pine Street - Request to Vacate . . . " . RESOLUTION NO. 505-00 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 212A OF EAST DUBUQUE ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice oftime and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on vr/~/ day of (A:::"r"o/0/: ,2000, the City Council of the City of Dubuque, Iowa met on the /C:;h~ day of Oc/"O..6'C:'R~ , 2000, at 6:30 p.m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque, County, Iowa to consider the proposal for the sale of real estate 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 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 BYTHE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 212A of East Dubuque Addition in the City of Dubuque, Iowa to John L. Sadler and Nathan J. Sadler, as tenants in common, be and the same is hereby approved for the sum of $3,648.00 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, construction, 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. 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 L. Sadler and Nathan J. Sadler, as tenants in common, upon receipt of the purchase price in full. 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 record a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this/v.h( day of a; I Attest: CONSENT TO RESOLUTION The undersigned hereby acknowledge, consent and agree to the conditions set forth in the foregoing resolution on behalf of themselves, their heirs, successors, and asslgns~ Jo~" (~~",fV;"".. Natllan h Se<IleF l:tlbH~I/E. 5~,eF /1h/f6E-K SUBSCRIBED AND SWORN TO: STATE OF IOWA, CITY OF DUBUQUE, ss: On this ! I,~ day of /Nt/If L ,AD. 2000, before me, the undersigned, a Notary Public in and for said City, in said State, personally appeared John L. Sadler and Nathan J. Sadler, to me known to be the identical persons named in and who executed the within and foregoing instrument, to which this is attache ,.~d acknowted e that they executed the same as their voluntary act and deed. / //"/ J . CITY OF' DUBUQUE, IOWA MEMORANDUM . October 12, 2000 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Vacating Petition - Pine Street Public Works Director Mike Koch is recommending approval of the request from Sadler Power Train, Ine. to vacate the westerly 1 7 feet of Pine Street between East 14th and East 15th Street. . The owners will pay $3,648 and agree to screening outdoor storage. I concur with the recommendation and respectfully request Mayor and City Council approval. '1 ! . f \ I. ~ ' . L , L '--\ t\. l (.() I . Micl1ael C. Van Milligen 1 (/ 't~ l L,- ~ MCVM/ksf attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Mike Koch, Public Works Director ,,' '~'-~'~.':rJ \" '. , ;, ' 1_,' '\... I , ,".. '~, (..., er-','''', ,-.' , I \ I' ,r'\ ......IUJ!.....) -:-:', .., ,'~' '-1;:0 . I III ...,\ 1"'<10'1 5C : i r,(; (, J,...;\J UJ U ~~=l/ \i:j ,-}:J d >, . 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 st 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 st 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 . I I /1 // I 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. ~eJl.l is given pursuant to the authority of Resolution No~-~of the City of Dubuque, adopted ~ ,2000, the terms and conditions thereof, if any, having been fulfilled. Signed this /~ r.i.- day of OC//f,~,.c.. , 2000. By: Attest: ~ , I I ! I j 1 . STATE OF IOWA ) ) ss DUBUQUE COUNTY IJy ) On this j/e!!.. day of [(;Mfllt) ,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 the _ day of 2000; and Terrance M. Duggan and Jeanne F. Schneid r acknowledged the tion of the instrument to be their voluntary act and deed and the vol ry act aDd the corp ration, by it vOluntarily executed. / .. 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, 105 31st 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 st 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. . ) / I 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 /. v, 2000, the terms and conditions thereof, if any, having been fulfilled. Signed this /~r,i, day of OC/.r&~.A:-, 2000. By: Attest: ~ \ .' STATE OF IOWA ) ) ss DUBUQUE COUNTY ) On this L~y of rff~ILlP.J ,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 the _ day of 2000; and Terrance M. Duggan and Jeanne F. Schneid r acknowledged the e tion of the instrument to be their voluntary act and deed and the vol ry act apd-cmeQ ofthe corp ration. by it vOluntarily executed. . ~~~lf~ . ;' PREPARED BY: IIW ENGINEERS de SURVEYORS P.C, 4155 PENNSYLVANIA AVE, DUBUOUE, IOWA, (J19) 556-2464 PLAT OF SURVEY LOT 212A OF EAST DUBUQUE ADDITION IN THE CITY OF DUBUQUE. IOWA DESCRIPTION: A VACATED PORTION OF PINE STREET RIGHT-OF-WAY IN THE CITY OF DUBUQUE, IOWA PROPERTY LINE .~~~ fJfJ~' ---').0.0) -~~~'}; ~.:- ".0. , " ( IN FEET ) I \~ DIMENSION SET 5/B" IRON ROO ~ w/ RED CAP NO. 12631 Inch - 60 rL '1.'S. ~ LINE """'l.~\,,,.,~) \'0 FOUND NAIL W/ WASHER NO. 12631 ~ fIi . ~ \0. ___ --- RECORD DIMENSION :rE;~~ ~5' AIQ\1~~1j \; FOUND "x" CUT IN CONC. OF LOT 216 }1" EAST IS' OF THE EAST 35' \ OF LOT 216 \ GRAPHIC SCALE LEGEND FOUND 5/B" IRON ROD W/ CAP NO. 12631 FOUND I" IRON PIPE ~o . . o ~ ( ) 181 ~ . S\?-.~~\ ~ \~\f~ ~~s IQ~ 'S~\--- fJ>J(\1. --- (l') A $\"1.f!>' w, 65' OF ___ ~ 1.c/> \ LOT 216 ___ --- \--- ~ \ ~ w. 65' OF \ LOT lB7 ~ LOT 215 \ ~ \ ~ / / \ ';.~ ~:f,~ \ '''; ~ LOT 168 \ '; Y w. 65' OF \~ \ ~\ \ LOT 214 ~~o~J __________ --- --- \ \~~~T2~~' OF 1l9\~ Y LOT lB9 LOT 213 '~~ \ ~\~--- EAST DUBUQUE ADDITION ,\//~'~~~~ ~ ~~S\ o~ --- LOT 212A AREA = 0,10 ACRES 4398 SO,FT, LOT 190 NOTE: LOT 212A OF EAST DUBUQUE ADDITION IS HEREBY RESERVED AS A PUBLIC UTILITY EASEMENT, \ PROPRIETOR: CITY OF DUBUQUE, IOWA . ,,\\\\\'"11111"1/1// """ \ 0 W,q "/t'" ...' ,111"", '... ~*"..,. "....~-:;,. 2 ....... JOHN M. ....... ~ ~ ;- TRANMER :. ~ ::.. : LS 126Jl: a::-= \:~:...... ,/~!l "'''"..s'('' """" II ",,".;:.<?:- ,~ """,0 l AN 0 ~,\"",,,, /1"'''1111111\\\\\ I HERE8Y CERTIFY THAT THE SURVEY WAS DONE AND THIS PLAT WAS MADE BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. ora Iowa. IIW ENGfNEERS & SURVEYORS, fNe. Illinois, Wisconsin JO~R~~~ 8-30-0Q DATE 4155 Pennsylvonia Ave. Dubuque. IA 52002 ;}19.556.2464 Guttenberg. IA . Hazel Green, WI FOR IIW ENGINEERS AND SURVEYORS, P.C. LICENSE NO. 12631 MY LICENSE RENEWAL DATE IS 12/31/2000 PACES COVERED BY THIS CERTIFICATION { of 3 DRA_ DJS PLA T NO. 100 IA 00 CHECKED J"T PROJ. NO.D07116 DATE 22 AUG 00 SHEET 1 of :l 0: \00\7116\SUR\LDDT\OD7116-L 1 " ~ ,l\JL'~ SHUTTLEWORTH & INGERSOLL, P.L.C. ATTORNEYS AT LAW Established 1853 :. I JAMES C. NEMMERS MICHAEL O. McDERMOlT JOHN M. BICKEL ROBERT D. HOUGHTON RICHARD S. FRY RICHARD C. GARBERSON GARY J. STlttJT CARROLL J. REASONER STEVEN J. PACE GLENN L JOHNSON 11IOMAS P. PEFFER DENNIS J. McMENIMEN KEVIN H. COLLINS WILUAM P. PROWELL DIANEKUTZKO MARK L UlGER DOl"GLAS R. OELSCHLAEGER WESLEY B. HUISINGA DL~'" R. E1NCK l.C'l"DA M. KIJlSCH C().'\iSTANCE M. ALT W1LUAM S. HOCHSTETLER KL"RT L KRATOVlL BRIA.'\i D. BERGSTROM Gn.D,-\ L BOYER DEA.... D. CARRINGTON NA.'\iCY J. PENNER KE\1S J. CASTER 1lII:RESA C. DA VIS DA\1DT.HAYES SAJl..\H J. GAYER liS JRD STREET s.L. SUITE SOO P.O. BOX 2107 CEDAR RAPIDS. IOWA 52406-2107 . n:u:PHONE: (319)~9-461 FAcs[~nLE: (319) 365-8443 WEBSITE: sbuttleworUaln'.com \".c. SHUTn..EWORTR (1-It65) T _'It. L'liGERSOLL (I fC-I9'711 May 5, 2000 6~?J~oOY / Honorable Mayor and City Council of Dubuque 50 \V. 13th St. Dubuque, IA 52001 Re: Vacating the West 17 Feet of Pine Street , ,i. Dear Mayor and Council Members: V()~ ~ ~th"-J \,/( J f'/. l.....IJt.lJ. ~ ("\.br c. ') ty\.[Ge {<-."j 6rNr1..f LAURIE L DAWLEY / JENNIFER R. CLARK DANA L OXLEY DOUGLAS J. STILWELL REGISTERED PATENT LAWYERS JAMES C. NEMMERS GLENN L JOHNSON DOUGLAS J. mLWELL COUNSEL JOAN LIPSKY LAURIE BERGREN OF COUNSEL 11IOMAS M. COLLINS WILLIAM R. SHUTTLEWORTH 0 a 0 ;=.: ::J: :0 0'< ;:..." (:: ,_..... -< m CY \. " F: ,- I () r- :;=-- W 3 ,', ,11 c (.:, ::::::a < CD -"';." '"-0 co ;il )> -- 0 n' CD U1 -.J We represent Sadler Power Train, Inc., an Iowa corporation with its principal place of business in Cedar Rapids, Iowa. Recently, Sadler Power Train acquired the following described parcel of Dubuque real estate: ! ! ~ t , I I ! Lot 190, Lot 191, Lot 191A, Lot 212, Lot 213, the East 35 feet of Lot 214, the East 15 feet of Lot 215, and the East 15 feet of Lot 216, all in East Dubuque Addition, in the City of Dubuque, Iowa, according to the recorded plat thereof, subject to easements of record. A sketch of the above-described real estate as well as the West 17 feet of Pine Street is attached for your reference. The above-described real estate is benefited by Ordinance No. 47':90, a copy of which is attached hereto. This Ordinance was filed on February 10, 2000, in Book 1443, Page 2000. This ordinance" grants the owner of the above-described real estate the revocable permit and authority to construct ~d maintain an eight-foot high chain link fence along the North, South, and Easterly boundaries of the Westerly 17 feet of Pine i \ , . I . j. I . 1 I . . SHUTTLEWORTH & INGERSOLL, P.L.~. ! j I. Honorable Mayor and City Council of Dubuque May 5, 2000 Page 2 1 t Street between 14th and 15th Streets in Dubuque, Iowa, as well as grants the right of said owner to use the land enclosed by said fence. r Pursuant to the Ordinance, Sadler Power Train uses the fenced-in area of Pine Street to park customers' vehicles while awaiting service. Prior to Sadler Power Train's purchase of the above-d.escribed real estate, the prior titleholder, Donald J. Herbst, sold the West 20 feet of the East 35 feet of Lots 215 and 216 to the Department of Corrections as well as granted to the Department of Corrections an easement for ingress and egress across the East 15 feet of Lots 215 and 216. At the time of Sadler Power Train's purchase of the above-described real estate, the entire Easterly 35 feet of Lots 215 and 216 were fenced in and connected to the fence around the periphery of the West 17 feet of Pine Street. The entire fenced-in area was used by Donald Herbst. , t ~ r \ l I Shortly after Sadler Power Train purchased the above-described real estate from Donald Herbst, the Department of Corrections asked Sadler to remove the fence on the West 20 feet of the East 35 feet of Lots 215 and 216. The Department of Corrections is using this real estate to expand its parking lot. Due to the easement in favor of the Department of Corrections across the East 15 feet of Lots 215 and 216, Sadler is unable to fence in that area. t I t .. , . Sadler Power Train is in need of additional property to park its customers' vehicles while awaiting service and would like to purchase the West 17 feet of Pine Street from the Cityof Dubuque. For 'these reasons, Sadler Power Train requests that the City of Dubuque vacate the West 17 feet of Pine Street. , If you h~ve any questions or need additional information, please do not hesitate to contact me. Thank you for your attention to this matter. Z~~ " LLD:dc - Encl. r f f. ! I cc: John Sadler -87- .'BD'rlWlCE Filed 'February l&b[iRA'c~ 110. 47-90 1443-2000 AN ORI)[HANcE: AlITHOl1lZ IIG Donald J. Herbst . TO CONSTllUCT An eloht foot hloh chain link fence alona the North, Snuttt and Easterl v boundaries of the Westerl v 17 feet of Pine Street between 14th' 15th Streets in Oubucjue, Iowa. NOW TJIERa:oRE, BE: IT ORDAINED IT 'Ill[ CITY COIICCIL OF THE CIn OF DUBUQUE, I IlIA: Sectton 1. Thu .Donald J. Herbst u owners of tile pr..., hS inOloll IS 14th I Flm St,.....t~ Sectton 2. That SIII:II construction shall be done In accorda~ wi th pI illS heretOfore sublrltted by pel'll1ttllS and approved by tht CIty MlnalJer, uncler the supervision and dl rectlon of the CIty MlnllJer, and In accOrdlnce wi tll all appllcable stlte and federal laws and regulatIons, and the Ord1nances of the Cl ty of Dubuque. Sect10n 3. That the ",..1ulon hereln granted Is exp"essly condttioned on pe/Wi Ceu' ag.....nt to: a) Ass,- Iny Ind 111 11 abilIty fa.. d4lRllJIS to persons 0.. prop- erty whfell .y result fro. the ufstence, locat10n, instal- latlon, construction or .lntenance of satd eloht foot hloh nk fence and the la enclosed b sat fence . b) Ply on bellalf of the CIty of DUbuque, all SIllS which the Cfty of Dubu~ shall bec:at obl1glted to pay by re..on of the ltab111ty f1I1POSed upon the CIty of Dubuque for d"'lJes ...'4I.lo. .. '.,~.. -..... of any kind resulting frml the location, installation, existence, cgnstruct10n or Mintenance of said ~f~ht foot hleh chatn ltnk fence and the land enclosed by sata re ce l susea1nec1 by any penon or penons, caUSed by aCCldene or otharw1s. to defend at its 0Wt expense and on behalf of said City any chi. against the City of Dubuqua arising out of the location, installation, existence, construction or ..intenance of said eight foot high chain link fence and the land enclosed bv said fence and to pay reasanlDle attorney rees thererorei and c) Indeanify, defend . and hold the Cfty of Dubuque free and ha""less fl"Cllll any and all claillS, loss, liability and ex- Panse for death andlor injuries to third persons or d..ages to' property of third persons, or for dllllage to any property of the City of Dubuque which illY occur as a resul t of or in connection with the location, installation, construction, -uintenance and repair of the facility, lIGrl or illlprovement penritted herein. . Section 4. That the penni ss10n herein granted 1s expressly conditioned upon peran ttteS I further agreement that shaul d the- ri ght and prhi 1 ege herei n granted be resc inded or revoked by the C1 ty Council, penni ttees I or thei r successors in interest, as o.mers of the abutting property, shall within ten (10) days atter ntceipt of written notice fl"all the City Manager, so to do, at their 0Nn expense, reDO"e said eiGht foot hioh fence . and 1n the event 0 the r a ure so to do, the ty or Dubuque sha I be authorized to M!Dlove said eight" foot high fence at pennitt..s' expense and dispose of the saae, and the pel'lllttee Shall have no chilli against the City or its agents for dallllges resulting frlJl the relllOYll of said eight foot high fence Section 5. That pemittees convenant and agMle that the revocable perlllit herein granted does not constitute an approval of the design, erection, laca. tion, construction, repair 'or Illaintenance of said facility and sa1d pennit- tees hereby convenant and agree not to assart such claill or defense against tile Ctty of Dubuque in the event of datil asserted for death, personal in. juries and/or property d..ge against the permittees arising out of or in Iny way connected with the location, instlllat1an, constnlct1on, design, Mlpair and lIIinten.nce of tfte facility herein pervritted. Section 6. This Ordi nance shall bec:aue .ffective and the rights here- under accrue to Donald J. Herbst when this Drdi nance hIS been adopted by the C1 ty CQuncll and the tel"lls and . -. (69) S'~1on 7. nit the C1 ty Cl ulr. be &nd she 11 IlItllorlzed Md di re<<ed to rne at ,.,..,t-.ees I expense I cClll1 or this Onf1n&nce fn the office of tile Rec:ordar t. ud for Dullu~ County. IOle. Pused. IP9I"O'1td .and Idopted this ~ day of May , 1990. cancl1t10ftS' thereof accepted by penr1tte., by &Cc~ance endO"ed on tilts . O~inanc:e. . , ;2- 0/ ATTEST : Ai () ~ Clt1~rt ACCEPTMCE IF OROlRANCE NIl. -17- Ill' The lIIldersignc hlv1ng I"Hd &nd being f.1111,. wi th the tel'llS llId conditions of Ord1n&nce 1Ia~ 77- '10 h....by. for th_- s.lfts, tIleir suc:c:essors or uSigns, U owners of the &butting pt"Operty. Iccept the s_ Iftd Ig,..e to b. bouncI by the cOlldi- tiOllS Ind Igree.ents tlle,..in contained to be perfonled by pemttees. . Dated: M Ii Y ;;J;1~ 90 If'Y ~c~~ ~ ;:l -. . r J.h. !! i.J PrCIIIlrty IMler DtN~R"'. J. Hfi.f4$ r BY: ~""'1"',} If nh.1. U r: _I' .:.-.. .I.. .. . ~. . . 1./1 )~ ~/ 0/ S J / ( . ~ I, , 'V J 0'1,9 I .. ~ Owned by John Sadler and Nathan Sadler City of Dubuque. Ordinance 47-90 to fence and use land W 17' of Pine St. . ... :to..... . "."".\~ . . ,- .. f~~'~:i::~_~ '" . ~';"JC"f.;.;;t~~\;1iI Owned by Correctional Services W 20' of E 35' of Lots 215 and 216 lJ . .~_- _.~.! ~ T f.{ ~ ._~- " 1.1 ,,~ ~ \) ~ ""0. ~ (!j'/\ )0,. L~/ 1'5 I ;' ~ .;(\ \\) " r, t L...r /8 ? If' -~~._.. r -... - 1 '"--' . L ~r )'10 loco' ~. ..... l....,- ICf f ):I ,- '\ ----.. . -- _. ". ... 001 /' ~ I '-( T /1- ---- JY , j- L.,f'-LI r ].v J,:;-' ~ ,.,.. 1. I Y :It' I , \AI'S ,L.r ~13 tJ IS" l-."'1:/~ / T ,>- " .- .' ." I 5, . . . ~ ~ CITY OF' DUBUQUE, IOWA MEMORANDUM September 28, 2000 TO: The Honorable Mayor and City Council Members FROM: Michael C, Van Milligen, City Manager SUBJECT: Vacating Petition--Pine Street Public Works Director Mike Koch is recommending that a public hearing be set for October 16 to consider the disposal of Pine Street right-of-way to Sadler Power Train, Inc. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/dd Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Mike Koch, Public Works Director o C]':;Z.- r::, C:j (<) Irl "'"'-Y f'\) OJ ::u !/7 ') , ;"1 ~_~ I <j'- () .(:,~. ! J ',"_' C) ~ ~._.- ......, !]i o -. " (""'j' ("[) -~ " Cr: \~) i . . . CITY OF DUBUQUE, IOWA MEMORANDUM September 22, 2000 TO: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director $;/; /;~ FROM: SUBJECT: Vacating Petition - Pine Street INTRODUCTION This is in response to a request from Laurie L. Dawley, representing John L. Sadler and Nathan J. Sadler, as tenants in common, d/b/a Sadler Power Train, Inc. DISCUSSION The attached plat shows the areas proposed as the westerly 1 7 feet of Pine Street between East 14th and East 15th Street to be vacated. The abutting properties are owned by Sadler Power Train, Inc. The area to be vacated is platted into one lot numbered Lot 21 2A of East Dubuque Addition. Lot 212A of East Dubuque Addition is part of an existing 64-foot wide street on which public utilities exist. Perpetual easement rights will be reserved on the entire Lot 21 2A of East Dubuque Addition for maintenance of the existing sanitary sewer and watermain utilities, and other utilities. The area proposed to be vacated had previously been fenced in accordance with Ordinance No. 47-90 authorizing the previous owner, Donald J. Herbst, to construct and maintain the fence and the land enclosed by said fence. Ordinance No.4 7-90 did not allow for the continuance of this encroachment to be assigned to future owners of the property. Screening will be required such that outdoor storage cannot be seen from anywhere outside the premises, -including but not limited, to the elevated highway adjacent to the property. The property has been valued at $1.00 per square foot, for a total of $4,398.00. A credit of $750.00 for surveying and platting established a purchase price of $3,648.00. . . . RECOMMENDATION The City has no plans for the utilization of the westerly 1 7 feet of Pine Street between East 14th Street and East 15th Street. I would recommend that the areas indicated by Lot 21 2A of East Dubuque Addition 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 of October 16, 2000. I would further recommend that the purchase price be established at $3,648.00, plus platting, publication, and filing fees. ACTION TO BE TAKEN The recommendation of the City Manager should be approved and a public hearing should be scheduled on the disposal of the property through adoption of the enclosed resolutions and ordinance. MAK/vjd Prepared by Ronald J. Turner, P.L.S. PINE STREET VACATE "0 = ~ "0 '"' 0 ~ = .0 ~ .:: ~ - ..... .~ = = cor "0 '"' ::c 0 ~ = .J ~ ~ =: 0 = U t:l. 0 .:: .... '"' t:l. Q$' ,.:; ffim , oS = = ..... '"' Cl" = ~ = >rr: ~ ~ = 0 Wa:~ '"' E'2 .:: u ~Xo ~ = a:UJN - U Q ~ } :_~J 2 -r-~ ~ & . H~M~ z ~ .:: ~ 0 = ..... 0 ~ ~I ~ - == 0 ~ ~ ..... ! =;:::: IT. = '"' U .-~ m ~ Q = Ow U = .:: '"' N u L~_ - <Il ~ oS ....:l ... .:: - ..... =:l .:: ] ;:. = .s 00 =- t:l. = 00 r-o. =- "0 = ~ ... 0 .:= .:: ~ .~ -.- ..... .~ 1:: <Il - Z = - ~ ~ 0 '"' .:: ~ 8- = ~ = - t:l. ~ "0 ~ '"' 0 = .:: ~ ~ f:: = u .:= ... - = ..... ~ ~ r-o. ~ = .:: ~() - 0 -= cf t: .... oS'~ ~ ~ = '"' Q$' ~ = ... 0 ~ = U ~ .... .:: N e ;;... ~ - CS ..... ~ = = f:: 0 ~ = '"' 0 .... ~ ~ oS ~ z = ..... '"' = ~ ;:. <Ii ~ = ~ ~ "0 = ~ ..... t:l. .:: 0 0 00 = i~ 0 u ... ~ "0 t:l. ..... 0 - = = <Il r-o. ~ ~ '"' = ~ 0 ;:. .S ~ ~ ~ 0 = t:l. = = ~ ~ = Cl" "0 ;:. t:l. ;;; =:l <Il .5 .; .:: <Il ;:. 0 ~ = <Il = :a ~ ~ .s 00 00 Q ..; U = Q ..... . ~--jgi~.EJ5.tO: ~!il~lriO Oi~~i .~ tlfSI;JZ ~t l~ <", ~rI j~i.gili'6~~~fU'~~ t~~~ lli~1ni-~~!'i~,"i~ OlJ .fi~ !!lb'~;2'U~.~~~~g~ll'~J9~~:E! 1!'EI~I'~2jia ~~!~.~ ~5~~U gZi~ili 0 ~8.c:~ 4i~O ~l i 0.= m l;l'i k ..: ~ ~ 51iiCD'J9 f! 0 5iN Q) ~~2 ~ 50 E~8,Q~~! ~~ E1ij ~iS f all! ~ a'~ 0 ~ g~~ ~~a:~~ ~'~..ci ~ , an 0 caCO....-.J.... II) CT""' C E i..e C.5'1:~ ......- ~ ca i- 0 == II) ~E~~'i1ii1ii ~:fl~~~8E8..E~ g ~~~ll'm;lli fa.2 ~.~ !~'i~i5~ "EC:~ ~j ~8S~ ou....- Cl .. c:'- - Q) ... iIl15 .t::..., .- > 13 '" ",'" li ur;;; 0 ~ go .,j-€ g~~ 8-"'~ 0 ~ ~ ~~ 8.iil a,g "',g 5i c:"E ~>.i {li!:~:fJ:S1iUo ~ o Z Q) o:t:g GlE<<:; l!1 ou~lIl-u~- C:olE-~3t.!!14> c:.g<.g~.~ =.!!1~'a~iiii~o-Q)ii ~~~u-l;' =-~ ~t_ W 00 ~ ~~o~ ~umcu ~~~c ~= ~ ~ ~ ~.._'c-.~__~~ ."____. _..____ _ , . . . .. lo City Clerk's Office 50 West 13th Street Dubuque, Iowa 52001-4864 (319) 589-4120 (319) 589-0890 FAX ~-)~"'~" rL!. J J""LI NOV 3 0 2000 D~~~E ~</k.~ CITY TREASURER, DUBUQUE IOWA August 21, 2000 John Sadler 105 31 st Street SW Cedar Rapids IA 52404 Dear Mr. Sadler: The following charges have been incurred for the purchase of Lot 21 2A of East Dubuque Subdivision in the City of Dubuque, Iowa: Publication Fees $ 11.14 Recording Fees 57.00 Agreed Upon Purchase Price 3,648.00 Total Amount Due $3,716.14 Upon receipt of payment I will forward to you the original recorded Quit Claim Deed and Plat of Survey. Please make the check payable to "Treasurer, City of Dubuque", and mail to the City Clerk's Office, 50 West 13th Street, Dubuque, IA 52001. If you have any questions, please contact me at 589-4121 . Sinc;rely, ~/ /)) ~~ Jeanne F. Schneider City Clerk Service People Innovation Teamwork Integrity Responsibility NOV-02-2000 10:43 SADLER POWER TRAIN Pd \\124 lev . 31: 364 1529 P.01/01 ~~~ClTYOP~ $3,$o.IY DUBOQ'UE ~~~ /I tf,' fl~1.f ..J;J.,.;ka. ~tm SClIdl$r J $-<t- ~ P~~f 105 31 st Street sw ' Cedar Rapit;ls ~~. 52404 August 21, 2000 :l'~ . "I~' . . ,;1 . 'I ~ , :~L :;~ -;~~ ji ~~ ,;~ .!~ '~ ~ :~j :,;j1lJ :~! ';:: I . Clly Oerlt's Offlc:e 50 West 13th SIred . ~ Dubuque. Iowa 52IIJ1~ (319) 589-4120 (319) 589-08'JO FAX X~J1/o ~ (-10 ~-J)~ The following charges have been incurred for the purchase of Lot 212A of East Dubuque Subdivision in the City of Dubuque, Iowa: ",/.. .-::~;j1, : .,.1: j :. I ~.:\ ~~ ~ ~;,.rl '~ ...;~:: . \ ~t.i~ . '1' '-"1: " ';;~, tl~\ . h.I~,,' . ...~. I~r 4: U . :.';;:r. o ~$1~ (:f~ . \\\~ \f)$';f , ,'l~ Upon receipt of payment I will forward to you the original recorded Quit Claim Deed , i:.: and ~Iat of Survey, ' ,j~ Publication Fees $ 11.14 Dear Mr. Sadler: . Recording Fees 57.00 Agreed Upoh Purchase Price 3,648.00 ~716.14) Tatal Amount Due Please make the check payable to "Treasurer, City of Dubuque", and mail to the City Cletk'g offictt~ 50 West 13th Street, DUbU~Ue, IA 52001:' ,..", · .'! ' J' . "'.1 If you have any ~uestions, please contact me at 589-4121 . ~ ,~'~ '.1' . "'I ," : ::;) . .~) SinC,rBIY, ~~4#~4L<{).,J C' JBsnn-:, F. Schheider City Cletk 'W ~ I, ." , -' I ~ ~;. . , ' -"" , , ~ ',. 'i1 ;':..,'f . , ..' ~ Servia! Peuple IntC!grIty RUponBlbili Iy Innovalion "Ieillnwork "1:'[ . J "",:,1. . '.;' . 1:~. TOTAL P.01 12-1-200 M MOD YY Date ,Office of City Treasurer City Hall, 50 West 13th Street Dubuque, Iowa 52001-4864 i5D~~E ~~~ Received of CITY CLERK Receipt No 1 2 7 5 6 6 Activity Object 55100 52501 Description Amount FEES incurred for purchase 3,648.00 73100 54303 FEES 68.14 S & S PARTNERSHIP By: Total 3,716.14 ~ SENDER: 'tl . Complete items 1 and/or 2 for additional services. ';j . Complete items 3, 4a, and 4b. 31.. · Print your name and address on the reverse of this form so that we can return this card to you. ~ · Attach this form to the front of the mailpiece, or on the back if space does not e permit. · Write "Return Receipt Requested" on the mailpiece below the article number. !! · The Rerum Receipt will show to whom the article was delivered and the date I: delivered. 5 3. Article Addressed to: 'tl ! Q. E o u Gary Johnston S & S Partnership 105 31st Street SW Cedar Rapdis LA 52404 , I also wish to receive the following services (for an extra fee): 1. 0 Addressee's Address 2. 0 Restricted Delivery Consult postmaster for fee. 4a. Article Number 7099 3400 0006 8757 8397 4b. Service Type o Registered o Express Mail Return Receipt for Merchandise . 7. Date of Le;:..... (,-0 8. Addressee's Address (Only if requested and fee is paid) c.. .~ ~ a Gi lI: a: c .. ~ J(certified ! o Insured g' COD '! .. 2 ~ o >- oX C l1li s:: I- 102595'98-8-0229 Domestic Return Receipt .~~ IT" . rn ~ S & S Partnershi John Sadler I"- Postage $ LI"J I"- . Certified Fee ~ Postmark ...JJ Return Receipt Fee Here CJ (Endorsement Required) CJ Restricted Delivery Fee CJ (Endorsement Required) CJ CJ ::r rn Name (Please Print Clearly) (to be compieted by mailer) Total Postage & Fees $ IT" 'Stre"t: Api: 'No; '0; 'PO 'Sox 'No." - -",. - -, -. -" -., -- - -'' -, -"",. -". -, -"" -. -- --. -, -,- IT" CJ -CitY,' State,' ZIP+4"" -." -" -"",'.",.., -" -, -." -", --.,,"', -", -, -"", -"", -, -. --, _. I"-