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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