Vacate Union Ave Alley Previoulsly DisposedTHE CITY OF /~
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MEMORANDUM
August 10, 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 disposition of the City's interest in Lot
19A of Union Avenue Subdivision to Greg F. and Dawn M. Swift of 919 Kirkwood Street
for publication and filing fees of $100. This property was disposed of to the previous
owners of 919 Kirkwood, John R. and Janet T. Hilley in 1992; however, they never
recorded the Quit Claim Deed.
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
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MEMORANDUM
August 10, 2007
TO: Michael C. Van Milligen, City Man
FROM: Gus Psihoyos, City Engineer ~ -
SUBJECT: Disposal of Previously-Vacated Alley
A request has been received from Greg F. and Dawn M. Swift for clarification of
title to a previously 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.
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.
RECOMMENDATION
I would recommend that a public hearing be held 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 resolution.
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. 441-07
RESOLUTION DISPOSING OF CITY INTEREST IN LOT 19A OF UNION
AVENUE SUBDIVSION 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 loth day of August , 2007,
the City Council of the City of Dubuque, Iowa met on the 20th day of
August 2007, 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 19A of Union Avenue Subdivision 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 19A of Union Avenue Subdivision in the City of Dubuque, Dubuque County,
Iowa, to Greg F. and Dawn M. Swift be and the same is hereby approved for the
sum of $100.00 for 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 Greg F. and Dawn M. Swift 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 20th day day of August
2007. '/
Roy D. Buol, Mayor
Jeanne F. Schneider, CMC, City Clerk