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Disposal of Vacated Union Avenue AlleyTHE CITY OF DL7B CJE MEMORANDUM Masterpiece cm the Mississippi July 31, 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Disposal of Previously-Vacated Alley City Engineer Gus Psihoyos is recommending that a public hearing be set for August 20, 2007, for the disposition of the City's interest in Lot 19A of Union Avenue Subdivision to Greg F. and Dawn M. Swift of 919 Kirkwood Street. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen° MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF DUB E Masterpiece on the Mississippi MEMORANDUM July 27, 2007 TO: Michael C. Van Milligen, City Manage FROM: Gus Psihoyos, City Engineer SUBJECT: Disposal of Previously-Vacated Alley INTRODUCTION A request has been received from Greg F. and Dawn M. Swift, 919 Kirkwood, for clarification of title to apreviously-vacated alley. This alley was platted into three (3) lots and vacated in 1992 per Ordinance No. 30-92. Lot 19A was disposed of to John R. and Janet T. Hilley, then owners of 919 Kirkwood, by Resolution No. 132-92 on April 20, 1992. The Hilleys, however, did not record the Quit Claim Deed for said Lot 19A; therefore, title to this lot still remains in the name of the City. DISCUSSION The Swifts purchased 919 Kirkwood from the Hilleys in 1994. The Hilleys have moved out of the area and are unavailable to record the original deed from the City. The Hilleys had paid the City for the property including the publication and filing fees. In order to rectify this situation, the City needs to execute a Quit Claim Deed to the current owners, Greg F. and Dawn M. Swift. Since the property has been previously paid for, only the cost of $100 for publication and filing fees is suggested. RECOMMENDATION I would recommend that a public hearing be set on August 20, 2007, for the disposition of the City's interest in Lot 19A of Union Avenue Subdivision in the City of Dubuque, Dubuque County, Iowa. I would further recommend Greg F. and Dawn M. Swift pay the publication and filing fees of $100. 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. ACTION TO BE TAKEN The recommendation of the City Manager should be approved and a public hearing should be set on the disposal of the property through the adoption of the enclosed resolution. Prepared by Ronald J. Turner, PLS RESOLUTION NO. 418-07 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 19A OF UNION AVENUE SUBDIVISION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Greg F. and Dawn M. Swift have requested the disposal of a portion of a vacated alley platted as Lot 19A of Union Avenue Subdivision; and Whereas, Buesing & Associates has prepared and recorded a plat. showing the vacated alley and assigned lot number thereto, which is known and described as Lot 19A of Union Avenue Subdivision in the City of Dubuque, Dubuque County, Iowa, as recorded in Instrument No. 6630-92 in the Office of the Dubuque County Recorder. Whereas, Lot 19A of Union Avenue Subdivision was a portion of a former public alley vacated by Ordinance No. 30-92 on April 20, 1992. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot 19A of Union Avenue Subdivision in the City of Dubuque, Dubuque County, Iowa. Section 2. That the conveyance of Lot 19A of Union Avenue Subdivision in the City of Dubuque, Dubuque County, Iowa, to Greg F. and Dawn M. Swift be contingent upon the payment of publication and filing fees of $100. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 6th of August, 2007 Att t: Jeanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor DISPOSAL OF LOT 19A .~ June 25, 2007 n o Jeanne Schneider Q ~ c .~ City Clerk/City Council a ~- =_= ` ` N !-Tl ~ ' 50 W 13 - ~ .SJ ., ~ ' s~ Dubuque, Iowa 52001 _ r.-, U' ` ~7 i ~. }~ ` ~ ~ N m Dear Ms. Schneider: C: cn _ N We are writing to you and the City Council to hopefully rectify an omission to the property description of my residence at 919 Kirkwood Street. We purchased the house in 1994 from John and Janet Hilley, professors at the University of Dubuque. I was told by the owners that the lot directly behind the house had been purchased recently and was included as part of the property to 919 Kirkwood. The legal description for this. lot in question is number 19A-012. Two years later in 1996, we received the Quit Claim Deed dated April of 1992, signed by the city clerk's office -Mary Davis and then Mayor James Brady from John Hilley. At that time we assumed that this was filed and recorded. Unfortunately, that is not the case. My husband and I are currently purchasing additional lots behind our house and since have found this discrepancy. This "alley lot" as it has been referred to by personnel at the city office and our neighbors is not recorded. I guess policy has changed since then, as Quit Claim Deeds were not immediately submitted for recording and the Hilleys never submitted the deed. The Hilleys have moved and last I know were in Tennessee teaching. We have also included for your review the resolution on these alley lots number 132-92, a real estate transfer form and a small note that was included from the Hilleys back in 1996. After discussing this situation with City Engineer Ron Turner, he has advised us to submit in writing to you in hopes to approach the City Council for resolution. We understand that a public hearing may need to be announced and this could take some time to resolve. We wish to officially record this property so we can have all these lots at one time be surveyed and placed in our property description. Thank you for consideration on this matter. Please let us know if there is more needed on our end or/and our presence is needed. :~ ~ ' Sincerely, ~-~ f / L 'U / // `~/ ~, ~¢ Greg Swi$ Dawn Swift ~Y~ ~~ ~, C1Y~~ ~nc: Quit Claim Deed, Real Estate Transfer, Resolution 132-92, Lot Description and Note from previous owner John Hilley . ,... , 6630-92 SCALE: 1" = 30' o go, Lo' / DETAIL: NO SCALE\ I IRON PIN - Oh'FSET ~ N6~°3";7"E O.S4' ENCROACHIN \ GARA~ N 2 6' 29'o3"W~ 2 0.4 ~' ~Y UTILITY E.~SF\1c~1 -~ E~UE STREET &0'• R01-" LOT 5 FLAT OF SURVEY OF LOT 17 A, LOT1~A&LOT~pABEINGA VACATED FART OF ALLEY IN UNION AVENUE.SUBDIVISION IN THE CITY OF Dt7B[JQUE, IO~V~ ; ~~-` ~~ ~92 FIflY ~~~' SOU NN c. ftE;'NO~ps DUBUpUE ECORpER CO., IOWq PEES N 75' 31 ' S1 "E ~~ I ~ 30. D0 20.0' (20.0 •) A.O.B. ; • IRON PROPERTY PIN (FOUND) I IOHN L, iYHITE. A REGISTERED LAND SURVE}'OR t(NDER THE LAttiS OF _ ~ ~ IRCN PROPERTY PIN (PLACED) THE STATE OF IOti'A. HEkE6Y CERTIFI' THAT THE SUki'EY iVAS DOVE PRUPERTY LINE (SURVEYED) AND TH15 PL .471YA5PREPARED B~ CIE OR ll.' ;~ f _ ~~ PROPERTY LINE SGPER~ ISION AND THAT ALL MONUDIENTS W'E ERf•LACEU CT PERSON.,1L ~ CENTER LINE ~l IN _ _ ( )_ RECORD DIMESION .\ a --- EASEMIENT LINE ,^r P.O.B. POINT OF BEGINNING / `, UNION AVENUE SUBDIVISION 015'R.iTION •.}o,b DATE ~' w "t ~ ~ 0 { ~ ~ ~ ~ .. >< ,+ - ; LOTS ti / L J ~ f a#-` ~ LOT 6 ~ LOT ? ~ L+?T n ~ 11 ! ~ ': ` .a'~a¢ ~ F o ~, ' ~' N ~ 1 LOT ! 0 tl;,' ~. , o~,~,!i ` ~ N69•?o'3L"E ~25o.so' °o ~~ `!.y/~ I~?.?'er'pR0_,L~,c~' 1" LOT 17 A AREA . sz7.5e'46'E j~OT LO• /s' I 0.119 ACRES 20,43• AREA - 0.028 >s.q~• .~ 136.4 ' 19 A LOT 20 A s14•/2'34"~ sos23~ACRES .AREA - 0.03 _3 ACRES .,s" ZO.4o' e I ~ 69.0/'(69.2' (~ i LOT 16 I 569'3/'/}•'w 1,,215 73' ~! ~~~ 1N ~ NCRETE LOT 1 i ~ I° ~~ ~ LOT 19 A° a I .°a I I I jSW 32' L-1S g~5 I I LOT 20 I o ;. I I ry SURVEY FOR: AL WITTINE g _. a ~ o. 30• ~~ DRWG N0.92039-01 DRAWN BY; SAF ~U~STNG & essOCtnxrs SHEET 1 OF ¢ ~++ ~•„,w„„• ~,„•N, - ~1 °u°upu~, IA L;pp I 145 ~ Regular Sessbn, Aprli 20, 1992 Instrttrttent N7248-91 in the office of the Reoorda of Dubuque Caunry. , hares:, the City Council of the Ci of Du tie, Iowa overruled any atd~all objoe 'otu, onl a written, to the to di of interest o! the City o[ D Iowa, the haeittttbove deacri teal estate. NOW RE, BE IT VED BY THE ~COUNCII. O~rTHE Cfl'Y OF DUBU IOWA: I Section 1. Thu the ;'disposal of the inttxest ~ the iry of I~iibuque, Dubuque County. Iowa in described at the northerly fi (5) foot pordon of an existing 10 foot wi utility easement on Lot 8 of Black 2 of Embtaay Westin the Gty of Dubuque, Iowa be, the carne is hereby approved for the of publication and filing fees. Section 2. the yor be wthorized and direaed~w executq a Rdeasc of Easement, ,T~((.?_tt the Gty ~ be and is hereby aunrrd and ro deliver said Rel to Westside Dereloprcnt Assodagon upon receipt of above fees. ~eynon 3. That the Ciry CI be and is IfY wthoriztd and directed record s fted copy of this resolution in office the Gty Assessor. Dubuque County order and the Dubuque County editor. S u std disposing of same, presented read. ere were no objections rxeived ao ad present at the tune the Horsing..., soil Member Voe ved that the prop ,of publicatioa be ved and filed. Seconded by Cou Member Nicitolwn. by the fo awing vote: Yeas-irfayor B c~7 Members Deich, Klttesner, e. Nicholson, Voetberg. Nays- ~ An Ordirtanoeg~~ portion of an existing public all between wood and Bellevue Sttee~~°+ss West of Street. property to beafcnown u Lots 17 19A and 20A in Unt' Subdivision, said 'nonce havinn ptL+entcd and teed the Coen ' Meeting of April 6, presented for final action. (OFFICIAL PUBLICATION ORDINANCE NO. 30-92 ORDINANCE VACATING A PORTION OF AN EXLSfING PUBLIC ALLEY BETWEEN KIRKWOOD AND BELLEVUE STREETS WEST OF BLAKE STREET Whereas, Alfred A Marion F. Wittine, John R & Janet T. Hilley, and Ronald D. & Julie A. Schlader have requested the vacating of a portion of an existing public alley between Kirkwood and Bellevue Streeu west of Blake Street: and Passed. approved and adopted this 20th day of April, 1992. ~, lames rally Mayor Mary City i Council mbar,/~ Kluuner nerved adoption of the sdlution. Sccorded by Council Member ~ 'ch. Carried by the following vote Y' Alayor Brady. Council Me rs Drich, u:sner, Krieg, Nagle, Nic Iron, Voetberg. Alays-Alone. ~of Publication certified by the ha on Noda of Public H 'ng to a vacating a portion of an 'ring alley bctvxer. Y,itkwaod and Bellevue Whereas, Buesing & Associates. Dubuque, Iowa has prepared and subrtrined to the City Council a plat showing the vacated portion of an existing public alloy between Kirkwood and Bellevue Streets west of Blake Street and assigned lot numbers theeto, which hcteinafter shall be known and described as Lou 17A, 19A and 20A in Union Avenue Subdivision in the City of DuMtque, Dubuque, County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa ;as dctarruned that this portion of an existing public alley between Kirkwood and Bellevue Struu west of Blake Street is no longer required for pubtu use except for easemenu as shown on the plat, and vacating of said portion of an existing public alloy between Kirkwood and $ellevue Streets west of Blake Street known Regular Sessbn, April 20, 1992 146 u Lou I7A, 19A and 2UA in Union Avcnur Subdivision in the Ciry of Dubuque. Dubuque County, low4 should be approved. NOW THEREFORE. BE ff RESOLVED BY THE CITY COUNCII. OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lou 17A. 19A and 20A in Union Avenue Subdivision in the Gty of Dubuque, Iowa, be and the same is hereby vacated. Section 2. The Gry reserve unto itxlf a perpetual utility wement es shown on the attached plat including the tight of ingrus end agree thereto, for the purpose of cresting, installing, constructing, ternnatructing, repairing, owrring, operating, and maintaining water, sewer, drainage, Bas, telephone, t.v. cable and electric lines as may be authorized by the Ciry of Dubuque, Iowa. Iowa to cottdder the proposal for the sale of real estate described as• Lot 17A of Uttion Avenue Subdivision to Alfred A Marian F. Wittine Lot 14A of Uruon Avenue Subdivision to John R. Bc Janet T. Hilley Lot 20A o! Urtion Avenue Subdivision to Ronald D. A Julie A. Schrader Whereas, the Ciry Couttdl of the City of Dubuque, Iowa ovemiled any and all objections, oral err written, to the proposal e dispose of interest of the City of Dubuque, Iowa in the hereinabove described teal estate to Alfred & Marion F. Wittix, John R. & Janet T. Hilley, and Ronald D. A Julie A. Schlada. NOW THEREFORE, BE ff RESOLVED BY THE CITY COUNCII. OF THE CITY OF DUBUQUE, IOWA: Passed. approved end adopted this 20th day of April, 1992. James E Brady Mayor Attest: Mary A. Davis City Clcrlc Pubiishad offidally in the Telegrapk Herald newspaper this 24th day of April, 1992. Mary A. Davis ]t 4/!4 Ciry Clerk Council Member Voetbctg moved final adoption of the Ordinance Seconded by Council Mcmbcr Nicholson. Carried by the following voce: Yeas-Mayor Brady, Council Members Ddch, Kluuner, Krieg, Nagle, Nicholson, Vcetberg. Nays-None. RESOLUTION NO. 132-92 Whereas, pursuant to resolution and published notict of time and place of hearing, published in the Telegraph Herald newspaper, a newspaper of general circulation published in the City of Dubuque, Iowa on the IOth day o! April, 1992, the City Council of the City oC Dubuque, lows met on the 20th day of April, 1992, at 7:30 p.m in the Public Library Auditoriurrt, 11th and Locust, Dubuque, Dubuque County, Section 1. That the disposal of the interest of the Ciry of Dubuque, Dubuque County, Iowa in teal property described as Lot 17A in Union Avenue Subdivision in the City of Dubuque, Iowa to Alfred & Marion F. Wittinc be and the same is hereby approved for the sum oC 5518.00, plus one- third of publication and filing feu, Lot 19A in Union Avenue Subdivision in the Gty of Dubuque, Iowa to John R. k. Janet T. Hilley be and the same is hereby approved for the sum of 5122.00, plus on-third of publcaton and filing feu, and Lot 20A in Urtion Avenue Subdivision in the City o(Dubuque, lows to Ronald D. ~ Julie A. Schlader be and the same is hereby approved for the sum of 5144.00 plea one-third of publcatan and filing ftxs. Section Z. The Gry reserves unto itself a perpetual utility easerrtertt as shown on the attached plat including the right of ingress and egress thereto, for the ptnpoae of erecting, installing, constructing, reconstructing, repairing, owning, operating, and nutintaining water, ewer, drainage, gas, telephone, t.v. cable and eleuric lines as may be authorirrd by the City of Dubuque, lows. Section 3. Thu the Mayor be authorized and directed [o execute a Quit Gaim Deed end the City Clerk be and is herby authorirted and directed to deliver said deeds