Loras College Alley purchase 16th & 17th Sts
D~~~E
~ck~
MEMORANDUM
August 26, 2006
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Alley Vacating Petition
In response to a request from Loras College to vacate the westerly 30 feet of the alley
between West 16th Street and West 17th Street west of Catherine Street, City Engineer
Gus Psihoyos states that the City has no plans for this property, no public utilities exist
in the property so it not necessary to reserve any easement rights, and recommends
approval of the request to vacate for the purchase price of $1 ,290, plus platting,
publication and filing fees.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
N~1llL
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
,_.,
DU~~E
~ck~
MEMORANDUM
August 28, 2006
TO: Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer ~C:~
SUBJECT: Alley Vacating Petition
FROM:
INTRODUCTION
A request has been received from Loras College for the vacating of the westerly
30 feet of the alley between West 16th Street and West 1ih Street west of
Catherine Street.
DISCUSSION
The area to be vacated is platted as Lot 44A of Yates' Subdivision of Outlots 780
and 713. Said Lot 44A is an existing 20-foot wide alley on which no public
utilities exist. No easement rights will be reserved on the area being vacated.
The property has been valued at $2.15 per square foot, for a total of $1 ,290.00.
The City has no r1ans for the utilization of the westerly 30 feet of the alley
between West 161 Street and West 17th Street west of Catherine Street to be
vacated.
RECOMMENDATION
I would recommend that the westerly 30 feet of the alley between West 16th
Street and West 1ih Street west of Catherine Street in the City of Dubuque,
Dubuque County, Iowa as shown on the attached plat be vacated, and that a
public hearing be held for the disposition of the City's interest in the subject area
on September 5, 2006. I would further recommend that the purchase price be
established at $1,290.00, 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 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) 569-4270
Returned to: Ronald J. Turner, City of Dubuque, 50 W. 13'" Street, Dubuque, Iowa (563) 569-4270
RESOLUTION NO. 415-06
RESOLUTION APPROVING PLAT OF PROPOSED VACATING OF THE
WESTERLY 30 FEET OF THE ALLEY BETWEEN WEST 16TH STREET AND
WEST 17TH STREET WEST OF CATHERINE STREET
Whereas, there has been presented to the City Council of the City of
Dubuque, Iowa, a plat dated July 25, 2006, prepared by IIW Engineers &
Surveyors, PC, describing the proposed vacating of the westerly 30 feet of the
alley between West 16th Street and West 17th Street west of Catherine Street;
and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the plat dated July 25, 2006, prepared by IIW
Engineers & Surveyors, PC, relative to the real estate hereinabove described be
and the same is hereby approved, and the Mayor and City Clerk be and they are
hereby authorized and directed to execute said plat for and on behalf of the City
of Dubuque, Iowa.
Section 2. That the City Clerk be and is hereby authorized and directed
to file said plat and certified copy of this resolution in the office of the Recorder in
and for Dubuque County, Iowa.
Passed, approved and adopted this 5th day of September, 2006.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13'" Street, Dubuque, IA 52001 (563) 589-4270
Returned to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO. 416-06
RESOLUTION VACATING THE WESTERLY 30 FEET OF THE ALLEY BETWEEN
WEST 16TH STREET AND WEST 17TH STREET WEST OF CATHERINE STREET
Whereas, Loras College has requested the vacating the westerly 30 feet of the alley
between West 16th Street and West 17th Street west of Catherine Street; and
Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City
Council a plat showing the proposed vacated portion of the alley between West 16th Street and
West 17'h Street west of Catherine Street and assigned a lot number thereto, which hereinafter
shall be known and described as Lot 44A of Yates' Subdivision of Outlots 780 and 713 in the
City of Dubuque, Dubuque County, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has determined that the westerly
30 feet of the alley between West 16th Street and West 17th Street west of Catherine Street is no
longer required for public use, and vacating of said alley, known as Lot 44A of Yates'
Subdivision of Outlots 780 and 713 in the City of Dubuque, Dubuque County, Iowa should be
approved.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real estate described as as Lot 44A of Yates' Subdivision of
Outlots 780 and 713 in the City of Dubuque, Iowa, be and the same is hereby vacated.
Passed, approved and adopted this 5th day of September, 2006.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
Returned to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO. 417-06
RESOLUTION DISPOSING OF CITY INTEREST IN LOT 44A OF
YATES' SUBDIVISION OF OUTLOTS 780 AND 713 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 of general circulation
published in the City of Dubuque, Iowa on this 25th day of August , 2006,
the City Council of the City of Dubuque, Iowa met on the 5th day of
September , 2006, at 6:30 p.m. in the Public Library Auditorium, 360 West 11
Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of
real estate described as:
Lot 44A of Yates' Subdivision of Outlots 780 and 713 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 BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque real property described as
Lot 44A of Yates' Subdivision of Outlots 780 and 713 in the City of Dubuque, Dubuque
County, Iowa in the City of Dubuque, Dubuque County, Iowa, to Loras College be
and the same is hereby approved for the sum of $1,290.00 plus the cost of
platting, publication, and filing fees. Conveyance shall be by Quit Claim Deed.
Section 2. 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 Loras College upon receipt of the purchase
price in full.
Section 3. 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 5th day of September, 2006.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
Address Tax Statement: Loras College, 1450 Alta Vista Street, Dubuque, IA 52001 (563) 557-3074
QUIT CLAIM DEED
The City of Dubuque, Iowa, a municipal corporation of Dubuque County, Iowa, for One Thousand
Two Hundred Ninety and 00/100 Dollars ($1,290.00), does hereby Quit Claim unto:
Loras College
1450 Alta Vista Street
Dubuque, IA 52001
all its rights, title, and interest in the following described real estate situated in Dubuque County,
Iowa, to wit:
Lot 44A of Yates' Subdivision of Outlots 780 and 713 in the City of Dubuque, Dubuque
County, Iowa
No declaration of value is required according to Iowa Code Section 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
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)
Address
City of Dubuque
50 W. 13th street
Dubuque, IA 52001-4864
(.;lty, lownorl',U.
:Sllle
Zip
TRANSFEROR Name
Number ana Street or RK
Address
Loras College
1450 Alta Vista Street
Dubuque, IA 52001
tatc
'p
TRANSFEREE Name
urn eran trcctor
It)', owner
Address of Property Transferred
NA
Number aDd ::itrcet or RR
L.:lty, lowo,orP.U.
::itllC
Lip
Legal Description of Property Lot 44A of Yates' Subdivision of Outlots 720 and 713 of the City of1lubuque,
Dubuque County, Iowa
1. Wells (check one)
III 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)
I!i 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 Deparrment 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 Deparrment of Natura!
Resources. The location(s) of the site(s) is stated below.
3. Hazardous Wastes (check one)
111 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 Deparrment of Natural Resources rules.
4. Underground Storage Tanks (check one)
121 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)
121 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?
. If so, number of pages
CONTAINED IN PART 1 OF THIS STATEMENT IS TRUE AND CORRECT
Telephone Number: _(563) 589 .4270
ranaeroror gcut
___M____~_____________________________________________-----------------------------.---.------~~~~~~.~~-~~~--~~...--...-~..~~...-~~.~.....~-..~-~..~-....~-..~~~..~~~-...
PART II - TO BE COMPLETED BY RECORDER
Date of Instrument
Book/l.D.
Page/I.D.
Date of Recording
City or Township
Deed 0
.~~~~~__~~~.~~_~~~.~____._~~__..__~..~_~~_~.~~~.._~~_..~~~..~~~~_..~~.~.~~._~~.~~~.~~.~.~~.~H~~~~.~~~~_....~~-...-~....--..~~~-..-~~..~~~~..~~-~..--~~.-~~~~..~~-.~~~~-.--
Contract 0
County
DNR form (July 99)
FILE WlTH RECORDER
(See Instruction #6)
541-0960
INSTRUCTIONS FOR COMPLETING GROuNDWATER HAZARD STATEMENT
,e transferor of real property is required to complete Part I of this
rm. The purpose of the statement is to satisfy legal requirements
r filing instruments of conveyance of real property with the
.unty recorder (Iowa Code Section 558.69). The Department of
annal 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 conect.
Jr 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 information is to be provided in part 1. Relate the
lditional information to the specific category of facility (well,
c.) by numbering it with the corresponding number (1, 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
ifection from a landmark or comer of the property. A
,ofessional survey is not necessary. The following defmitions are
)f use in completing the form.
, Wells - A "well" is any excavation that is drilled, cored, bored,
1gered, washed, driven, dug, jetred 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 stams 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
lapter 39 of the rules of the Department of Namral Resources.
167 Iowa Administrative Code, Chapter 39)
.n "agriculmral drainage well" is a well constructed for the
urpose of draining, or which drains, water from agriculmralland
l an aquifer (underground), excluding drainage tile intakes which
utlet to the surface. Agriculmral drainage wells are required to
e registered with the department by September 30, 1988, and the
wner of the well and of the land d~ained by the well are to
evelop a plan proposing alternatives .to the use of the well by
'uly 1, 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
,clude dirt, stone, brick, or similar inorgartic material used for fill,
s long as no other solid waste is included. See 567--100.2(455B),
owa Administrative Code (l.A.C.) for further defmitions. A
disposal site" is any area on the property on, in, or under which
olid waste has 1)een disposed, whether or not the disposal is or
vas regulated by the department.
f the transferor or agent has not received notice from the
lepartment of Namral Resources that the disposal site has been
leemed to be potentially hazardous, there is no duty to inquire to
he department.
'Note The land application of sludges or soils resulting from the
emediation of underground storage tank releases accomplished in
:ompliance with Department of Namrai Resources rules without a
,ermit is not required to be reported as the disposal of solid waste
)f hazardous waste. (See Iowa Code Section 558.69)
)NR form (July 99)
3. Hazardous Wastes - "Hazardous waste" is defmed in Iowa
Code section 455BAl1, 567--141.2 (455B), I.A.C., 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, agricultllral wastes remrned to the soil as
fertilizers or soil conditioners, agriculmral chemicals applied or
disposed of by a farmer in accordance with the manufacmrer's
instructions, triple-rinsed agriculmral 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), I.A.C. Underground storage
tank does not include:
a. Farm or residential tanks of 1,100 gallons or less capacity
used for storing motor fuel for noncommercial purposes. But
See 455BA73(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 impoundment, 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 [FRPJ, 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 remrned. The recorder is not required to
keep any copies.
5.'3~0960