Vacate Barry Street - Neyens & McDonough
D~~~E
~<k~
MEMORANDUM
June 13, 2006
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Petition to Vacate A Portion of Barry Street
In response to a request from David O. Neyens and John J. and Frances M.
McDonough to vacate a portion of Barry Street from Roosevelt Street northeasterly to a
public alley in the City of Dubuque, City Engineer Gus Psihoyos states that the City has
no plans for the utilization for that portion of Barry Street, recommends the vacation,
and recommends that a fee be established at $400 for each party to cover the cost of
processing, publication and filing.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
N~;J~
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
'.~)
THE CITY OF ~
DUB E
~ck~
MEMORANDUM
June 9, 2006
FROM:
Michael C. Van Milligen, City ManageQr .
- )
Gus Psihoyos, City Engineer Y::J _ .
Petition to Vacate A Portion of Barry Street
TO:
SUBJECT:
INTRODUCTION
A request has been received from David O. Neyens and John J. and Frances M.
McDonough for the vacating of a portion of Barry Street from Roosevelt Street
northeasterly to a public alley in the City of Dubuque, Dubuque County, Iowa.
DISCUSSION
The attached plat shows the area proposed to be vacated. The abutting
properties are owned by David O. Neyens and John J. and Frances M.
McDonough. Barry Street has never been open to traffic and has been utilized
as yards and maintained by the abutting owners for many years. The remainder
of Barry Street right-of-way east of the proposed vacating is in terrain too steep
to develop as it is currently platted. Irvin Behnke, who owns property on both
sides of the remainder of Barry Street, has verbally consented to the proposed
vacating. The City will reserve a 20-foot wide easement along the center of the
area being vacated for future utilities.
The City has no plans for the utilization of Barry Street from Roosevelt Street
northeasterly to a public alley proposed to be vacated. Donald O. Neyens and
John J. and Frances M. McDonough have each agreed to pay the City $300 plus
publication and filing fees of $100.
RECOMMENDATION
I would recommend that the areas indicated by the northwesterly one-half of
Barry Street and the southeasterly one-half of Barry Street in the City of
Dubuque, Iowa, on the attached plat be vacated, and that a public hearing be
held on June 19, 2006. I would further recommend that the fee be established at
$400.00 for each party to cover the cost of processing, publication, and filing.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and a public
hearing be held on the disposal of the property through the adoption of the
enclosed resolutions.
Prepared by Ronald J. Turner, PLS
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO. 260-06
RESOLUTION DISPOSING OF CITY INTEREST IN THE
NORTHWESTERLY ONE-HALF OF BARRY STREET AND THE
SOUTHEASTERLY ONE-HALF OF BARRY STREET IN BARRY SUBDIVISION
NO.2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, pursuant to resolution and published notice of time and place of
hearing, published in the Telegraph Herald, a newspaper ~neral circulation
published in the City of Dubuque, Iowa on this fji;, day of ~ ,2006,
th City Council of the City of Dubuque, Iowa met on e /9~ day of
, 2006, at 6:30 p.m. in the Public Library Auditorium, 360 West 11
treet, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of
real estate described as:
The Northwesterly One-Half of Barry Street and the Southeasterly One-
Half of Barry Street all in Barry Subdivision No. 2 in the City of Dubuque,
Dubuque County, Iowa
Whereas, the City Council of the City of Dubuque, Iowa overruled any and
all objections, oral or written to the proposal to dispose of the interest of the City
of Dubuque, Iowa, except for easements shown on said Plat of Survey of Barry
Subdivision No.2, in the hereinabove described real estate.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the disposal of the interest of the City of Dubuque,
Dubuque County, Iowa, in the real property described as the Northwesterly One-
Half of Barry Street in Barry Subdivision NO.2 in the City of Dubuque, Dubuque
County, Iowa to the John J. and Frances M. McDonough be and the same is
hereby approved for the sum of $400.00. Conveyance shall be by Quit Claim
Deed.
Section 2. That the disposal of the interest of the City of Dubuque,
Dubuque County, Iowa, in the real property described as the Southeasterly One-
Half of Barry Street in Barry Subdivision NO.2 in the City of Dubuque, Dubuque
County, Iowa to the David O. Neyens be and the same is hereby approved for
the sum of $400.00. Conveyance shall be by Quit Claim Deed.
Section 3. That the Mayor be authorized and directed to execute a Quit
Claim Deed, and the City Clerk be and is hereby authorized and directed to
deliver said deed of conveyance to the above named grantees upon receipt of
the approved sum in full.
Section 4. That the City Clerk be and is hereby authorized and directed
to record a certified copy of this resolution in the offices of the City Assessor,
Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 19th day of June, 2006.
Roy D. Buol, Mayor
Attest
Jeanne F. Schneider, CMC, City Clerk
REAL ESTATE TRANSFER. GROUNDWATER HAZARD STATEMENT
Please read the filing instructions on the reverse side BEFORE completing this form.
P ART I - TO BE COMPLETED BY TRANSFEROR
(Please Type or Print Legibly)
TRANSFEROR Name
David O. tEyens
Address 2455 IbJsevelt street
Numberand::ltrectorRR.
~bQIP, IA 52001
City, lownor .0.
:Stale
ZIp
TRANSFEREE Name
City of (UllQIP
Address 50 W. 13th street
Numbcrand,strcctorlUl..
C l1IohQIP, IA <;?m1...JISM e"..
lly, lownorP.l. .. IN
Lip
Address of Property Transferred
NA
Number ,IDa Stt"t or RK
Clf)', lowo,orP.U.
,slale
Zlp
Legal Description of Property ~ly O1e-Half of BarTy Street, BarTy ~ivisilJl ~. 2, in tIE
City of ltix.QJe, ltix.QJe Qmty, IlWl
1. Wells (check one)
iJ There are no known wells situated on this property.
o There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below.
2. Solid Waste Disposal (check one)
If There is no known solid waste disposal site on this property.
o There is a solid waste disposal s,ite on this property, but no notice has been received from the Department of Natural Resources that the
site is deemed to be potentially hazardous.
o There is a solid waste disposal site on this property which has been deemed to be potentially hazardous by the Department of Natural
Resources. The location(s) of the site(s) is stated below.
3.' Hazardous Wastes (check one)
ef 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 of Natural Resources rules.
4. Underground Storage Tanks (check one)
[J: 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.)
o There is an underground storage tank or tanks on this property. The type(s), size(s) and any known substance(s) contained are describer
below.
5. Private Burial Site (check one)
iJ There are 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.
Information, if any, required by statements checked above:
Attachment for Additional Information? Y / N 'If so, number of pages
I HEREBY DECLARf)
Signature: /~
TION CONTAINED IN PART 1 OF THIS STATEMENT IS TRUE AND CORRECT
Telephone Number: _@) 589.4270
fan.craror aeot
ty Engineer
~____~.______.____..________________________________________________.~____w.____w~_____w~_____.________..___--.--~---~...--..~---.~...-..-.-.~-.-----.---.~-----~...~-....
PART Il- TO BE COMPLETED BY RECORDER
Date of Instrument
Bookll.D.
Page/I.D.
Date of Recording
City or Township
Deed 0
-~.--_._-------------_.._-----_..----------_._---------_._------_._--~-----------_._-------~-------------------------------.-----------------.-----.--------------.-------
Contract 0
County
DNR form (July 99)
FILE WITH RECORDER
(See Instruction #6)
542-0960
INSTRUCTIONS FOR COMPLETING GROUNDWATER HAZARD STATEMENT
le transferor of real property is required to complete Part I of this
nn. The purpose of the statement is to satisfy legal requirements
r filing instruments of conveyance of real property with the
mnty recorder (Iowa Code Section 558.69). The Department of
atura! Resources does not approve or disapprove of property
msfers based on these statements. The statement must be signed
, one of the persons transferring the property interest or that
:rson's agent. An agent signing this form represents the
formation from transferor to be correct.
)f the most part the information requested is clear (name,
Idress, etc.). One statement under each of tile numbered items
, 2, 3, 4 and 5) must be checked, and if one or more of the
atements checked requires the transferor to provide additional
formation, that information is to be provided in part 1. Relate the
Iditional information to the specific category of facility (well,
c.) by numbering it with the corresponding number (I, 2, 3, 4,
I. If additional space is needed, type or print it legibly on a
:parate sheet or sheets, complete the statements at the end of Part
and attach the additional information to all copies of the form.
'hen describing the location of a facility On the property, be
:asonably precise, such as a specific distance and general
"ection from a landmark or corner of the property. A
,ofessional survey is not necessary. The following defmitions are
If use in completing the form.
, Wells - A "well" is any excavation that is drilled, cored, bored,
1gered, washed, driven, dug, jetted or otherwise constructed for
:cessing groundwater or for diverting surface water into the
round, including abandoned wells. "Well" does not include an
pen ditch or drainage tiles which discharge to the surface.
. a well is an "abandoned well" or an "agricultural drainage well,"
,is must be identified and the status of the well with respect to
>wa Code sections 455B.l9q and 159.29, respectively, must be
ated. An "abandoned well" is a well no longer in use or in such
ate of disrepair that continued use is unsafe or inlpraclicable.
bandoned wells are to be properly plugged in accordance with
lapter 39 of the rules of the bepartment of Natural Resources.
;67 Iowa Administrative Code, Chapter 39)
.n "agricultural drainage well" is a well constructed for the
nrpose of draining, or which drains, water from agricultural land
> an aquifer (underground), excluding drainage tile intakes which
utlet to the surface. Agricultural drainage wells are required to
e registered with the department by S~ptember 30, 1988, and the
wner of the well and of the land drained by the well are to
eve lop a plan proposing alternatives .to the use of the well by
luly I, 1998 (See Iowa Code Section 159.29.)
. Solid Waste - "Solid waste" meanS garbage, refuse, rubbish
nd other similar discarded solid or semisolid material. It does not
lclude dirt, stone, brick, or similar inorganic material used for fill,
s long as nO other solid waste is included. See 567--100.2(455B),
owa Administrative Code (lAC.) for fu:rther defmitions, A
disposal site" is any area On the property on, in, or under which
olid waste has ~een disposed, whether or not the disposal is or
'"s regulated by the department.
f the transferor or agent has not received notice from the
lepartment of Natural Resources that the disposal site has been
leemed to be potentially hazardous, there is nO duty to inquire to
he department.
'N ote The land application of sludges or soils resulting from the
emediation of underground storage tank releases accomplished in
:ompliance with Department of Naturai Resources rules witllout a
,errnit is not required to be reported as the disposal of solid waste
l[ hazardous waste. (See Iowa Code Section 558.69)
)NR form (July 99)
3. Hazardous Wastes e uHazardous waste" is defmed in Iowa
Code section 455B.4l1, 567--141.2 (455B), lAC., and federal
regulations referenced therein. It is generally defined as waste
that poses a threat to human health or the environment. . It
includes wastes which are ignitable, corrosive, toxic, explosive,
violently reactive, or specifically listed as hazardous in the Code
of Federal Regulations (40 CFR 261). EXCLUDED are
household wastes, agricullUlfal wastes returned .to the soil as
fertilizers or soil conditioners, agricullUlfal chemicals applied or
disposed of by a fanner in accordance with the manufacturer's
instructions, triple-rinsed agricullUlfal chemical containers
disposed of by farmers (where the rinsate is used as makeup
water in the tankmix and applied at appropriate rates), and other
specific materials. Persons are legally required to be aware of
hazardous waste laws.
4. Underground Storage Tanks- "Underground storage tank"
means one or a combination of tanks, including underground
piping connected to the tanks, used to contain an accumulation of
regulated substances, and the volume of. which is 10 percent or
more beneath the surface of the ground. "Regulated substances"
include petroleum products and hazardous or toxic materials
identified in 567--135.2(455B), lAC. Underground storage
tank does not include: '
a. Farm or residential tanks of 1, I 00 gallons or less capacity
used for storing motor fuel for noncommercial purposes. But
See 455B.473(4))
b. Tanks used for storing heating oil for consumptive use On the
premises where stored.
c. Residential septic tanks.
d. Pipeline facilities regulated by state or federal law.
e. A surface inlpoundment, pit pond, or lagoon,
f. A storm water or wastewater collection system.
g. A flow-through process tank.
h. A liquid trap or associated gathering lines directly related to
oil or gas production and gathering operations.
i, A tank in an underground area such as a basement or mine, if
the tank is On or above the surface of the floor.
j. Pipes connected to the above exclusions.
"Tank type" means the material of construction (steel, fiberglass
reinforced plastic [FRP], or other [specify]), and any internal or
external' protection such as a protective coating or wrapping, or
cathodic protection.
Identify the capacity in gallons and the substance stored in each
tank.
5. Private Burial Sites - "Private Burial Site" means One or
more graves containing human remains. For each site the
transferor shall state the location of the site. For each decedent
buried On the property the transferor shall state all known
identifying information of that decedent including name, date of
death, and date of birth.
6. Filing - The original of this form must be presented to the
county recorder when the document to be recorded is filed. The
Recorder shall forward the original to the transferee when the
recorded instrument is returned. The recorder is not required to
keep any copies.
543.0960
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
Address Tax Statement: John J. and Frances M. McDonough, 1680 Garfield, Apt. 18, Dubuque, IA 52001
QUIT CLAIM DEED
The City of Dubuque, Iowa, a municipal corporation of Dubuque County, Iowa, for Three Hundred
and 00/100 Dollars ($300.00) and other good and valuable consideration, does hereby Quit Claim
unto:
John J. and Frances M. McDonough
1680 Garfield, Apt. 1B
Dubuque, IA 52001
all its rights, title, and interest in the following described real estate situated in Dubuque County,
Iowa, to wit.
Northwesterly One-Half of Barry Street, Barry Subdivision No.2, 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, 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, as shown on the Plat of
Survey of Barry Subdivision NO.2.
No declaration of value is required according to Iowa Code Section 428A.1.
Deeds with a consideration of $500.00 or less are exempt from transfer tax. Iowa Code Sec.
428A.1.
This deed is given pursuant to the authority of Resolution No. of the City of Dubuque,
adopted , 2006, the terms and conditions thereof, if any, having been fulfilled.
Signed this
day of
,2006.
CITY OF DUBUQUE, IOWA
By:
Roy D. Buol, Mayor
Attest:
By:
Jeanne F. Schneider, CMC, City Clerk
STATE OF IOWA
DUBUQUE COUNTY
)
) ss
)
On this _ day of , 2006, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared Roy D. Buol 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
, 2006; and Roy D. Buol and Jeanne F. Schneider acknowledged the execution of
the instrument to be their voluntary act and deed and the voluntary act and deed of the
corporation, by it voluntarily executed.
Notary Public In and For Said State
REAL ESTATE TRANSFER" GROUNDWATER HAZARD STATEMENT
Please read the filing instructions on the reverse side BEFORE completing this form.
PART I" TO BE COMPLETED BY TRANSFEROR
(Please Type or Print Legibly)
TRANSFEROR Name
;tirJ J. am Fraoces M. ~
Address 1600 Garfield. AA. 18
Number ancl::itteelor IU{
~hIQlP. IA <;;m1
1.;11')'. ]owllorP. ,
~tate
ZIp
TRANSFEREE Name
City of ltix.QJe
Address !iJ W. 13th Street
Nwnbcr and Street or IUt
CIty, IOWnOrl'~. IA 52(X)1-4ffi4
State
Zip
Address of Property Transferred
NA
City, IOWll,orP.U.
Stite
l.lp
Number aol1,strect or RR
Legal Description of Property tb'1:tw!sta'ly O1e-Half of Barry Street. Barry Sbtivisim r<<>. 2, in the
City of ()b1Ql1e, IlbIQlIe Carty, IlWl
1. Wells (check one)
19 There are no known wells situated on this property.
o There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below.
2. Solid Waste Disposal (check one)
IS There is no known solid waste disposal site on this property.
o There is a solid waste disposal s,ite on this property, but no notice has been received from the Department of Natural Resources that the
site is deemed to be potentially hazardous.
o There is a solid waste disposal site on this property which has been deemed to be potentially hazardous by the Department of Natural
Resources. The location(s) of the site(s) is stated below.
3. Hazardous Wastes (check one)
XI 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 of Natural Resources rules.
4. Underground Storage Tanks (check one)
~ There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks,
most heating oil tanks, cisterns and septic tanks, in instructions.)
o There is an underground storage tank or tanks on this property. The type(s), size(s) and any known substance(s) contained are describe,
below.
S. Private Burial Site (check one)
~ There are 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.
Information, if any, required by statements checked above:
Attachment for Additional Information? Y / N If so, number of pages
nON CONTAINED IN PART 1 OF THIS STATEMENT IS TRUE AND CORRECT
Signature:
Telephone Number: _@ 589.4270
rlllleroror lell!
QJs PsilDyos, Ci ty Engi neer
~~_____~_~w_________~~~__________.._______w~_.______._-~-------------------._~---------._~----------------~--------.....------.---~---..-.-------..--~.------.-----~-.--~-
PART II " TO BE COMPLETED BY RECORDER
Date of Instrument
Book/I.D.
Page/I.D.
Date of Recording
City or Township
Deed 0
Contract 0
County
.~-----_._-~._--------_.._---~_._--------------~-------_._..~----~--_._--_.~~~.__.--------~-~--------------~~._---~----_._-~-----_._-~-------_._-------------_.-----------
DNR form (July 99)
FILE WITH RECORDER
(See Instruction #6)
542-0960
INSTRUCTIONS FOR COMPLETING GROUNDWATER HAZARD STATEMENT
le transferor of real property is required to cemplete Part I .of this
nn. The purpose of the statement is to satisfy legal requirements
r filing instruments of conveyance of real preperty with the
oUnty recerder (Iewa Code Section 558.69). The Department of
atural Resources does not approve or disapprove of property
lUsfers based on these statements. The statement must be signed
, one of the persons transferring the property interest or that
:rson's agent. An agent signing this form represents the
formation from transferor to be correct.
IT the most part the information requested is clear (name,
ldress, etc.). One statement under each of the numbered items
, 2, 3, 4 and 5) must be checked, and if one or more of the
atements checked requires the transferor to provide additional
formation, that infermation is to be provided in part J. Relate the
lditienal informatien te the specific category of facility (well,
c.) by numbering it with the cerrespending number (I, 2, 3, 4,
I. If additional space is needed, type or print it legibly on a
:parate sheet or sheets, complete the statements at the end of Part
and attach the additienal information to all copies of the form.
Then describing the location of a facility en the property, be
:asonably precise, such as a specific distance and general
lTection from a landmark or comer of the property. A
,ofessienal survey is not necessary. The following definitions are
IT use in completing the form.
. Wells - A "well" is any excavation that is drilled, cored, bered,
Jgered, washed, driven, dug, jetted or otherwise constructed for
:cessing groundwater .or fer diverting surface water into the
round, including abandoned wells. "Well" does net include an
pen ditch .or drainage tiles which discharge to the surface.
. a well is an "abandoned well" or an "agricultural drainage well/'
Lis must be identified and the status of the well with respect to
lwa Code sections 455B.19q and 159.29, respectively, must be
ated. An "abandoned well" is a well no longer in use or in such
ate of disrepair that continued use is unsafe or impracticable.
.bandoned wells are to be properly plugged in accordance with
rapter 39 of the rules of the Department of Natural Resources.
;67 Iowa Administrative Code, Chapter 39)
.n "agricultural drainage well" is a well c.onstructed for the
urpose of draining, or which drains, water from agricultural land
l an aquifer (underground), excluding drainage tile intakes which
utlet to the surface. Agricultural drainage wells are required to
e registered with the department by September 30, 1988, and the
wner of the well and of tile land d~ained by the well are to
evelop a plan proposing alternatives .to the use .of the well by
luly 1, 1998 (See Iowa Cede Section 159.29.)
. Solid Waste - "Solid waste" means garbage, refuse, rubbish
nd ether similar discarded solid or semisolid material. It does not
lclude dirt, stone, brick, or similar inorganic material used for fill,
s leng as no other selid waste is included. See 567--100.2(455B),
owa Administrative Code (lAC.) for further defmitions. A
disposal site" is any area on the property on, in, or under which
elid waste has ~een disposed, whether or net the disposal is or
vas regulated by the department.
f the transferor or agent has not received notice from the
lepartment of Natural Resources that the disposal site has been
leemed to be potentially hazardous, there is no duty to inquire to
he department.
'N ote The land application of sludges or soils resulting from the
emediation of undergreund storage tank releases accomplished in
:ompliance with Department of Naturai Resources rules without a
,ennit is not required to be reported as the dispesal of solid waste
lr hazardous waste. (See Iowa Code Section 558.69)
)NR form (July 99)
3. Hazardous Wastes - "Hazardous waste" is dermed in Iowa
Code section 455B.4II, 567--141.2 (455B), lAC., and federal
regulations referenced therein. It is generally defmed as waste
that poses a threat to human health .or the environment. . It
includes wastes which are ignitable, corrosive, toxic, explosive"
violently reactive, or specifically listed as hazardous in the Code
of Federal Regulations (40 CFR 261). EXCLUDED are
household wastes, agricultural wastes returned to the soil as
fertilizers .or soil conditieners, agricultural chemicals applied or
disposed of by a farmer in accordance with the manufacturer's
instructions, triple-rinsed agricultural chemical containers
disposed of by farmers (where the rinsate is used as makeup
water in the tankmix and applied at appropriate rates), and other
specific materials. Persons are legally required te be aware of
hazardous waste laws.
4. Underground Storage Tanks - "Underground storage tank"
meanS one .or a combination of tanks, including undergreund
piping connected to the tanks, used to centain an accumulation of
regulated substances, and the volume .of. which is 10 percent or
more beneath the surface of the ground. "Regulated substances"
include petroleum products and hazardous or toxic materials
identified in 567--135.2(455B), lAC. Undergreund storage
tank does not include:
a, Farm or residential tanks .of I, I 00 gallens or less capacity
used fer storing metor fuel for nencommercial purposes. But
See 455B.473(4))
b. Tanks used for storing heating oil for consumptive use en the
premises where stored.
c, Residential septic tanks.
d. Pipeline facilities regulated by state .or federal law.
e. A surface impoundment, pit pend, or lageon,
f. A storm water or wastewater cellectien system.
g. A flew-tbirough process tank.
h. A liquid trap Of asseciated gathering lines directly related to
oil or gas preduction and gathering .operations.
i. A tank in an undergreund area such as a basement or mine, if
the tank is on or abeve the surface .of the floor.
j. Pipes connected to the abeve exclusions.
~'Tank type" means the nraterial of censtructien (steel, fiberglass
reinforced plastic [FRP], .or other [specify]), and any internal or
external protection such as a protective coating or wrapping, or
cathodic protection.
Identify the capacity in gallons and the substance stered in each
tank.
'~'C-'
-\.,"
5. Private Burial Sites - "Private Burial Site" means .one .or
more graves centaining human remains. For each site the
transferor shall state the location of the site. For each decedent
buried on the property the transferor shall state all known
identifying infermatien of that decedent including name, date of
death, and date of birth.
6. Filing - The original .of this form must be presented to the
county recorder when the document to be recorded is filed. The
Recorder shall forward the original to the transferee when the
recerded instrument is returned. The recorder is not required to
keep any copies.
543_0960
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
Address Tax Statement: David O. Neyens, 2455 Roosevelt Street, Dubuque, IA 52001
QUIT CLAIM DEED
The City of Dubuque, Iowa, a municipal corporation of Dubuque County, Iowa, for Three Hundred
and 00/100 Dollars ($300.00) and other good and valuable consideration, does hereby Quit Claim
unto:
David O. Neyens
2455 Roosevelt Street
Dubuque, IA 52001
all its rights, title, and interest in the following described real estate situated in Dubuque County,
Iowa, to wit:
Southeasterly One-Half of Barry Street, Barry Subdivision No.2, 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, 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, as shown on the Plat of
Survey of Barry Subdivision NO.2.
No declaration of value is required according to Iowa Code Section 428A.1.
Deeds with a consideration of $500.00 or less are exempt from transfer tax. Iowa Code Sec.
428A.1.
This deed is given pursuant to the authority of Resolution No. of the City of Dubuque,
adopted ,2006, the terms and conditions thereof, if any, having been fulfilled.
Signed this
day of
,2006.
CITY OF DUBUQUE, IOWA
By:
Roy D. Buol, Mayor
Attest:
By:
Jeanne F. Schneider, CMC, City Clerk
DUBUQUE COUNTY
)
) ss
)
STATE OF IOWA
On this _ day of , 2006, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared Roy D. Buol 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
, 2006; and Roy D. Buol and Jeanne F. Schneider acknowledged the execution of
the instrument to be their voluntary act and deed and the voluntary act and deed of the
corporation, by it voluntarily executed.
Notary Public In and For Said State