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
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June 25, 2007
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Jeanne Schneider Q ~ c .~
City Clerk/City Council
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Dear Ms. Schneider: C:
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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.
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Sincerely,
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Greg Swi$ Dawn Swift
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C1Y~~ ~nc: Quit Claim Deed, Real Estate Transfer, Resolution 132-92, Lot Description and
Note from previous owner John Hilley
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6630-92
SCALE: 1" = 30'
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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~
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• 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
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UNION AVENUE SUBDIVISION 015'R.iTION •.}o,b DATE
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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