Loading...
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