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Acquisition of Property at 6805 Pennsylvania Avenue_Bahl Copyrighted September 3, 2019 City of Dubuque Consent Items # 11. ITEM TITLE: Acquisitionof Propertyat6805 PennsylvaniaAvenue SUMMARY: City Manager recommending approval to acquire property at 6805 Pennsylvania Avenue owned by Steve E. and Sandra Jean Bahl for the future widening of Pennsylvania Avenue — Middle Road. It is further recommended the City Council approve a resolution approving the Offer and authorizing acceptance of the Warranty Deed and any other related steps necessary to carry out the terms of the offer. RESOLUTION Approving the acquisition of real estate owned by Steven and Sandra Bahl in the City of Dubuque, lowa SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt Resolution(s) ATTACHMENTS: Description Type 6805 Pennsylvania Properly Acquisition-MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions Offer Supporting Documentation Dubuque THE CITY OF � uI�AaMca cih DuB E � � I � � I Maste iece on the Mississi i Zoo�•zoiz•zois YP pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Property Acquisition —6805 Pennsylvania Avenue DATE: August 28, 2019 City Engineer Gus Psihoyos recommends City Council approval to acquire property at 6805 Pennsylvania Avenue owned by Steve E. and Sandra Jean Bahl for the future widening of Pennsylvania Avenue — Middle Road for the purchase price of $196,000. It is further recommended the City Council approve a resolution approving the Offer and authorizing acceptance of the Warranty Deed and any other related steps necessary to carry out the terms of the offer. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Dubuque THE CITY OF � Alt•Ame�ica Git� DuB E ,�� � . , � � N �� �Vlctste iece on tlie Mississi i zoo�.zoz2.zo�3 �'P pp Zoi�*zoi9 TO: Michael C. Van Milligen, City Mana FROM: Gus Psihoyos, City Engineer �-.� , DATE: August 27, 2019 RE: Property Acquisition — 6805 Pennsylvania Ave INTRODUCTION The purpose of this memorandum is to request City Council approval to acquire property at 6805 Pennsylvania Ave. owned by Steven E. and Sandra Jean Bahl for the future widening of Pennsylvania Ave - Middle Road. BACKGROUND The Dubuque Industrial Center Economic Development District was created on May 2, 1988. The District is an urban renewal area which allows the City of Dubuque to capture tax increment revenue from improvements made in the District in order to promote economic development activities. This parcel would become available for future reconstruction of Pennsylvania Avenue and the ability to widen the roadway for potential development of the industrial park. DISCUSSION Th� purchas� price was arrived by lengthy negotiations based on the property values and land area. The original asking price was $221,000 and the City countered with $185,000. The final agreed price was $196,000 contingent upon if the City purchasing the property this calendar year. The total acreage of the property is 1.19 acres which includes the home located at 6805 Pennsylvania Ave. The house will be deconstructed or moved. The first option would be to take bids to purchase the home with the stipulation that it be moved to a new location. If no bids are received, then the next option would be to bid the home for deconstruction. Attached is the signed Offer to Buy Real Estate and Acceptance (the Offer) for the Bahl's residential property. The Offer outlines that: 1. The purchase price shall be $196,000.00. 2. S�li�r wiif sic�r7 � Vi�'�ter�J�;II Ac�r��m�rt. RECOMMENDATION I recommend that the City �cquire fihe residPntial prop�rty afi 6�C�5 PPnnsylvania Ave. p�r the terms of the attac;M�d Off�r. BUDGETIMPACT The purcli�se will b� funded fror�n fihE Future Industri�l Acquisitions (36024�37). ACTION TO BE TAKEN I resp�cifully r�quest acJoption of th� attachEcl resoluti�n ��proving th� O�fer cand authorizing acceptance of the W�rr�nty Deed ancl any other relat�d ste�s nec,essary to c�rry out thP terms of the Offer. cc: Bob Schiesl, Asst. City Engineer Nathan SteffPn, Civil Engin�er I Nate Kieffer, PLS Jenny Larson, Budget Director Jill Connors, Economic Development Directc�r 2 RESOLUTION NO. 311-19 RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY STEVEN AND SANDRA BAHL, IN THE CITY OF DUBUQUE Whereas, the Dubuque Industrial Center Economic Development District is an urban renewal area which allows the City of Dubuque to capture tax increment revenue from improvements made in the District in order to promote economic development activities; and Whereas, the City of Dubuque intends to expand the Dubuque Industrial Center Economic Development District; and Whereas, the proposed expansion and amendment of the Dubuque Industrial Center Economic Development District will result in acquisition of certain real estate, namely 6805 Pennsylvania Avenue; and Whereas, Steven and Sandra Bah! (the Owners) of this certain real estate have voluntarily agreed to sell to the City of Dubuque the certain real estate legally described as follows (the Property): Lot 1 of Loretta Bahl's Homestead, in the City of Dubuque, Iowa, comprised of Lot 1 of the West 30 acres of the SW 1/3, SE '/,. Section 19, T89N, R2E (Dubuque Twp) of the 5th P.M., according to the recorded plat thereof; and Whereas, acquiring the Property will allow expansion of the Dubuque Industrial Center Economic Development District; and Whereas, the acquisition of this real estate is a voluntarily negotiated purchase by the City of Di ibuq e i cinder Section AR1A A of the Code of !owa a and is not aan acquisition by � �...v J�.ve � H, 6 6d6.y 6A 1Od161V 11 by. the City of Dubuque through its exercise of the power of eminent domain under Chapter 6B of the Code of Iowa; and Whereas, the Owners have agreed to sell the Property for a total cost of $196,000; and Whereas, a purchase agreement and acknowledgment of voluntary negotiation have been finalized with the Owners of the real estate scheduled for acquisition; and Whereas, it is in the best interest of the City to acquire the Property, subject to review of the updated abstract and title opinion by the City Attorney's Office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Council of the City of Dubuque, Iowa hereby approves the Offer to Buy Real Estate and Acceptance attached hereto subject to review of the updated abstract and title opinion by the City Attorney's Office. Section 2. The City of Dubuque be and is hereby authorized to accept a Warranty Deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. The City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Passed, approved and adopted this 3rd day of September 2019. Attest: KOin S. Firnstajil, City Clerk 0 Roy D. Buol, Mayor OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: Steven E. Bahl and Sandra Jean Bahl, husband and wife (Seller) SECTION 1. REAL ESTATE DESCRIPTION. The undersigned BUYER hereby offers to buy and the undersigned SELLERS by their acceptance agree to sell the real estate (Real Estate) situated in Dubuque, Iowa, locally known as 6805 Pennsylvania Avenue, Dubuque, IA 52002 and legally described as: Lot 1 of Loretta Bahl's Homestead, in the City of Dubuque, Iowa, comprised of Lot 1 of the West 30 acres of the SW %, SE'/, Section 19, T89N, R2E (Dubuque Twp) of the 5th RM., according to the recorded plat thereof legal description to be confirmed per continued abstract per Section 10, together with any easements and appurtenant servient estates, but subject to the following: a. any easements of record for public utilities or roads, b. any zoning restrictions and other ordinances, and c. any covenants of record. SECTION 2. PURCHASE PRICE. The purchase price shall be $196,000.00, payable at the Closing. SECTION 3. REAL ESTATE TAXES. Seller shall remain responsible for any and all unpaid real estate taxes payable for fiscal year 2017-2018 and prior years. Seller shall also pay real estate taxes for fiscal year 2018-2019 prorated through the date of closing. SECTION 4. SPECIAL ASSESSMENTS. Seller shall pay all special assessments which are a lien on the Real Estate as of the date of acceptance of this offer. All other special assessments shall be paid by Buyer. SECTION 5. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of Toss or damage to the Real Estate prior to closing or possession, whichever first occurs. Seller agrees to maintain existing insurance and Buyer may purchase additional insurance. In the event of substantial damage or destruction prior to closing, this Agreement shall be null and void; provided, however, Buyer shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages. The property shall be deemed substantially damaged or destroyed if it cannot be restored to its present condition on or before the closing date. SECTION 6. CARE AND MAINTENANCE. The Real Estate shall be preserved in its present condition and delivered intact at the time of possession is delivered to Buyer, provided, however, if there is Toss or destruction of all or any part of the Real Estate from causes covered by the insurance maintained by Seller, Buyer agrees to accept such damaged or destroyed Real Estate together with such insurance proceeds in lieu of the Real Estate in its present condition and Seller shall not be required to repair or replace same. 1 SECTION 7. POSSESSION AND CLOSING. 7.1 If Buyer timely performs all obligations, possession of the Real Estate shall be delivered to Buyer on or before August 12, 2019, or such earlier date as the parties may agree in writing, with any adjustments of rent, insurance, and interest to be made as of the date of transfer of possession. 7.2 Closing shall occur after the approval of title by Buyer. If possession is given on a day other than closing, the parties shall make a separate agreement with adjustments as of the date of possession. 7.3 This transaction shall be considered closed upon the delivery of the title transfer documents to Buyer and receipt of all funds then due at closing from Buyer under the Agreement. SECTION 8. USE OF PURCHASE PRICE. At time of settlement, funds of the Purchase Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. SECTION 9. FIXTURES. Included with the Real Estate shall be all fixtures that integrally belong to, are specifically adapted to, or are a part of the real estate, whether attached or detached. Also included shall be the following: N/A. The following items shall not be included: N/A. SECTION 10. ABSTRACT AND TITLE. Seller .will provide any abstract in Seller's possession currently. Buyer, at Buyer's expense, shall promptly obtain either a new abstract or an update to the abstract of title to the Real Estate. It shall show marketable title in Seller in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. Seller shall make every reasonable effort to promptly perfect title. If closing is delayed due to Seller's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving ten days written notice to the other party. The abstract shall become the property of Buyer when the Purchase Price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or Seller's assignees. Unless stricken, the abstract shall be obtained from an abstracter qualified by the Guaranty Division of the Iowa Housing Finance Authority. SECTION 11. DEED. Upon payment of the Purchase Price, Seller shall convey the Real Estate to Buyer by Warranty Deed, free and clear of all liens, restrictions, and encumbrances, except as provided in this Agreement. General warranties of the title shall extend to the time of delivery of the deed excepting liens and encumbrances suffered or permitted by Buyer. SECTION 12. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This Contract shall apply to and bind the successors in interest of the parties. This Agreement shall 2 survive the closing. SECTION 13. RIGHTS OF INSPECTION, ENVIRONMENTAL TESTING AND REVIEW. 13.1 Buyer, its counsel, accountants, agents and other representatives, shall have full and continuing access to the Real Estate and all parts thereof, upon reasonable notice to Seller. Buyer and its agents and representatives shall also have the right to enter upon the Real Estate at any time after the execution and delivery hereof for any purpose whatsoever, including inspecting, surveying, engineering, test boring, performance of environmental tests and such other work as Buyer shall consider appropriate, provided that Buyer shall hold Seller harmless and fully indemnify Seller against any damage, claim, liability or cause of action arising from or caused by the actions of Buyer, its agents, or representatives upon the Real Estate (except for any damage, claim, liability or cause of action arising from conditions existing prior to any such entry upon the Real Estate), and shall have the further right to make such inquiries of governmental agencies and utility companies, etc. and to make such feasibility studies and analyses as it considers appropriate. 13.2 Seller warrants to the best of Seller's knowledge and belief that there are no wells, solid waste disposal sites, hazardous wastes or substances, underground storage tanks or burial sites located on the Real Estate, except as set out in Section 13.3. Seller further warrants that Seller has done nothing to contaminate or allow the contamination of the Real Estate and has no knowledge of any contamination. Seller warrants that the Real Estate is not subject to any local, state, or federal judicial or administrative action, investigation or order regarding its environmental condition or environmental compliance. Seller shall provide Buyer with a properly executed Groundwater Hazard Statement showing hazardous wastes, underground storage tanks and private burial sites on the Real Estate which shall be considered a warranty and representation by Seller to Buyer. 13.3 Seller represents to Buyer the Real Estate is served by a private sewage disposal system, and there are known private sewage disposal systems on the property. Seller represents to Buyer there is a well is located on the Real Estate. SECTION 14. ENCUMBRANCES. Seller warrants that the Real Estate will as of the date of closing be free and clear of all liens, security interests, and encumbrances. SECTION 15. TENANTS. The Real Estate is free and clear of any occupants, and no party has a lease to or other occupancy or contract right in the Real Estate which shall in anyway be binding upon the Real Estate. Seller shall hold harmless and indemnify the Buyer for and against any claims, which may arise or be based upon any alleged leasehold interest, tenancy, or other right of occupancy or use for any portion for the Real Estate. This covenant shall survive the Closing. SECTION 16. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. 3 SECTION 17. CERTIFICATION. Buyer and Seller each certify that they are not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order or the United States Treasury Department as a terrorist, "Specially Designated National and Blocked Person" or any other banned or blocked person, entity, nation or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assets Control; and are not engaged in this transaction, directly or indirectly on behalf of, any such person, group, entity or nation. Each party hereby agrees to defend, indemnify and hold harmless the other party from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorney's fees and costs) arising from or related to my breach of the foregoing certification. SECTION 18. REMEDIES OF THE PARTIES. 18.1 If Buyer fails to timely perform this Contract, Seller may forfeit it as provided in the Iowa Code, and all payments made shall be forfeited or, at Seller's option, upon thirty (30) days written notice of intention to accelerate the payment of the entire balance because of such failure (during which thirty (30) days such failure is not corrected) Seller may declare the entire balance immediately due and payable. Thereafter this Contract may be foreclosed in equity and the Court may appoint a receiver. 18.2 If Seller fails to timely perform this Contract, Buyer has the right to have all payments made returned to it. 18.3 Buyer and Seller also are entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. SECTION 19. WAIVER. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. SECTION 20. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified mail, addressed to the parties at the addresses given below. Steven E. Bahl & Sandra Jean Bahl 6505 Pennsylvania Avenue Dubuque, IA 52002 City of Dubuque Attn: Gus Psihoyos 50 W. 13th Street Dubuque, IA 52001 SECTION 21. TIME IS OF THF ESSENCE. In the performance of each part of this Agreement, time shall be of the essence. 4 SECTION 22. TIME FOR ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If this offer is not accepted and delivered to BUYER on or before 5:00 p.m. on July 22, 2019, this Agreement shall be null and void and all payments shall be returned immediately to the Buyer. SECTION 23. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by Seller and Buyer. SECTION 24. PARAGRAPH HEADINGS AND CONSTRUCTION. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. SECTION 25. OTHER PROVISIONS. 25.1 Seller will provide Buyer with a signed Acknowledgment of Voluntary Negotiation and Purchase of Property at the time of closing. 25.2 Seller will sign a Water Well Agreement which is a successor the Water Well Agreement the Sellers are a party to recorded with Dubuque County as File 2005- 00016299, a copy of which is attached. 25.3 This Agreement is subject to the final approval of the City Council of the City of Dubuque, Iowa in its sole discretion. If the City Council of the city of Dubuque, Iowa does not approve this Offer, it shall become automatically void and neither party shall be bound by the terms and conditions set forth herein. Accepted: The LI day of SELLERS STEVEN E. BAHL Dated: , 2019. The \V day of 3(p c,mbtr, 2019. e. By: Steven E. Bahl 6505 Pennsylvania Avenue Dubuque, IA 52002 SANDRA JEAN BAHL Bj': Sandra Jean Bah( 6505 Pennsylvania Avenue Dubuque, IA 52002 BUYER CITY OF DUBUQUE EIN: 42-604596 By: Roy . Buol, Mayor 50 W. 1 th Street Dubuque, IA 52001 5 ACKNOWLEDGMENT OF VOLUNTARY NEGOTIATION AND PURCHASE OF PROPERTY Project: Dubuque Industrial Center Economic Development District Parcel Number: 101940010 (6805 Pennsylvania Avenue) As owner(s) of real estate needed for the above referenced project and parcel, we acknowledge this is a voluntarily negotiated purchase by the City of Dubuque, Iowa under Section 68.1A of the Code of lowa and is not an acquisition by the City of Dubuque, Iowa through an exercise of the power of eminent domain under Chapter 6B of the Code of Iowa. This voluntarily negotiated sale to the City of Dubuque, Iowa was made without any coercive action of any nature. Stev n E. Bahl Sandra Jean Bah( taRtAN J. KANE Commission Numher 195603 MY COMMiSSic,i ,FiES 7-P ? Date ?.o tO/7 Date 6 WATER WELL AGREEMENT This Agreement is made this /7 day of '-t l ' , 2019, by and between the City of Dubuque (City), Benjamin and Jo'elene Oppelt (Oppelts), and Steven E. Bahl and Sandra Jean Bahl (Bahls). RECITALS Whereas, Bahls were the owner of certain real property in Dubuque County, Iowa, with a mailing address of 6805 Pennsylvania Avenue, Dubuque, IA 52002, and a legal description of said property is: Lot 1 of Loretta Bahl's Homestead, in the City of Dubuque, Iowa, comprised of Lot 1 of the West 30 acres of the SW'/, SE %, Section 19, T89N, R2E (Dubuque Twp) of the 5th P.M., according to the recorded plat thereof, Hereinafter, the "Real Estate"; Whereas, the City has purchased the Real Estate from Bahls; Whereas, City is now the owner of the Real Estate; WHEREAS, Oppelts' are the owners of certain real property in Dubuque County, Iowa, with a mailing address of 6995 Pennsylvania Avenue, Dubuque, Iowa 52002, and a legal description of said property is: Lot 2 of the SE '/ of the SW '/, and, Lot 2 of the West 30 Acres of the SW '/ of the SE 14 of Section 19, T89N, R2E of the 5th P.M., in the City of Dubuque, Iowa, according to the recorded plat thereof; Whereas, the properties owned by the parties are adjoining lots; Whereas, Bahls were a party to a Water Well Agreement recorded with Dubuque County as 2005-00016299 related to the Real Estate; Whereas, Bahls', Oppelts', and City agree this Agreement replaces any earlier Water Well Agreement related to the Real Estate; Whereas, there exists a water well and/or accessories on the lot owned by City which currently provides water to the Oppelts; and Whereas, the parties wish to document their respective rights and obligations regarding the use of said well. WATER WELL AGREEMENT In consideration of the mutual covenants herein contained, the parties agree that Oppelts shall be allowed to obtain water from the City's well utilizing the equipment and pipelines already in place upon the following terms and conditions: 1) City and Oppelts agree that Oppelts have the right to water from the well located on City's property as above descripted and also to an easement for buried pipelines to the well (as the pipelines and well now exists); and that Oppelts shall have the right to maintain and repair such pipelines and to come upon the property of the City to maintain, repair, or replace such pipelines as may be required, desirable or necessary; provided that if Oppelts shall come upon and disturb the property of the City, Oppelts shall repair and return City's property to as reasonably good condition as it had been prior to any maintenance, repairs, or replacement. 2) Oppelts agree to, at Oppelts' own expense, install all necessary electrical wiring and related equipment so that all fees and charges related to use of the well by Oppelts is metered separately from City and is charged directly to Oppelts by the appropriate service providers. All electrical and mechanical installations must comply with any applicable laws, ordinances, codes, and/or safety regulations; and must not interfere in any way with City's use and enjoyment of City property or the well located on City property. 3) Oppelts will be responsible for all maintenance charges, costs, and repairs of said well, well pump, and related equipment. 4) Oppelts acknowledge the City has not obligation or duty to construct a new well in if the well should fail in whole or in part. 5) City makes no guarantee or representation concerning the quality or quantity of the water from the well. 6) Oppelts shall use water from City's well and pipelines strictly for residential purposes. 7) This Agreement shall automatically terminate upon the happening of any of the following events: a. Oppelts construct a well on their own property; b. Oppelts are required by law to connect to any public water supply; c. The well fails in whole or in part; or d. The City purchases the Oppelts' real estate Dated this / 7 day of J f , 2019. CITY OF DUBUQUE, IOWA By: doi,„," BENJAMIN OPPELT Benjamm;Oppelt STEPHEN E. BAHL tephen E. Bahl JOELENE OPPELT idelene Oppelt� SANDRA JEAN BAHL 5<2,1.,74.e.--hiA /Nil Sandra Jean Ba THE CITY OF DUB MEMORANDUM Masterpiece on the Mississippi CRENNA M. BRUMWELL, ESQ. C\'+\\\ ON CITY ATTORNEY To: Jenny Larson Director of Finance & Budget DATE: September 12, 2019 RE: 6805 Pennsylvania Avenue We have closed on the above -referenced property. Attached please find: 1. The original Closing Statement. 2. A copy of the check payable to Steven Bahl for $193,039.80. The check was given to the Seller at closing. 3. A copy of the check payable to Dubuque County Treasurer for $2,647.40 (property taxes). I will deliver the check to the Treasurer. 4. A copy of the check payable to Dubuque County Recorder for $312.80 (transfer tax). I will deliver the check to the Recorder. 5. A copy of the warranty deed, groundwater hazard statement, and declaration of value. These documents will be filed with the Recorder and the City Clerk's Office will be billed for the documents. If you need further information, please let me know. Thank you. cc: Kevin Firnstahl, City Clerk Gus Psihoyos, City Engineer Seller: Steven and Sandra Bahl 6505 Pennsylvania Avenue Dubuque, IA 52002 Purchase Price Closing Statement 6805 Pennsylvania Avenue Closing Date: September 5, 2019 Buyer: City of Dubuque 50 West 13th Street Dubuque, IA 52001 Less items paid by City of Dubuque (deducted from purchase price) Real Estate Transfer Taxes Property Taxes (2018-2019) Property Taxes (2019-2020 prorated through closing) Total amount remaining for Steven and Sandra Bahl Checks the City of Dubuque will bring to and disburse after closing: 1. Check payable to Dubuque County Treasurer $2,647.40 (Property Taxes through September 5, 2019) 2. Check payable to Dubuque County Recorder $312.80 (Real estate transfer taxes) 3. Check payable to Steven and Sandra Bahl $193,039.80 I have reviewed the Closing Statement and agree to the above disbursements. SELLER: STEVEN AND SANDRA BAHL 1;b44" By: Steven Bahl Date By: Sandra ffahl Date •f Dubu• ue, Iowa • 4/57 By: Crenna Brumwell, City Attorney Date $196,000.00 ($312.80) ($2,242.00)✓ ($405.40)✓ $193,039.80✓ CITY OF DUBUQUE CHECK NO 480197 AMOUNT 193,039.80 VENDOR 15842 STEVEN E BAHL CHECK DATE 09/05/19 Activity/Project Account Purchase Order Invoice No Amount Description 3602437 73110 20002272 BAHL 193,039.80 PROPERTY ACQUISITIO TOTAL 193,039.80 480197 0) m m z m w r THE CITY 0 City Hat DUB` 50 West 13tH Street 1 DuSug4e, Iowa 52G01 ---- Masterpiece on the ssissippi DUBUQUE BANK &TRUST CO DUBUQUE, IOWA 45-53 739 Check No. 480197 Date 09/05/19 Amount 193,039.80 PAY ONE HUNDRED NINETY THREE THOUSAND THRTY NINE DOLLARS & 80 CENTS TO THE ORDER OF STEVEN E BAHL 6505 PENNSYLVANIA AVE DUBUQUE IA 52002-2924 Authorized Signature 1l'480 19 711' :07390033Si: 00 013 211' CITY OF DUBUQUE CHECK NO 480211 AMOUNT 2,647.40 VENDOR 1691 DUBUQUE COUNTY TREASURER CHECK DATE 09/05/19 Activity/Project Account Purchase Order Invoice No Amount Description 3602437 73110 20002273 BAHL 2,647.40 PROPERTY TAXES FOR THE CITY OF DIS B ' F tifaste viece an :heMississ-ppi DUBUQUE BANK& TRUST CO DUBUQUE, IOWA City Hall 50 West 13th Street Dubuque, Iowa 52C01 -._.--- TOTAL 2,647.40 PAY TWO THOUSAND, SIX HUNDRED FORTY SEVEN DOLLARS & 40 CENTS TO THE ORDER OF DUBUQUE COUNTY TREASURER 720 CENTRAL AVE DUBUQUE IA 52001-7061 45-53 480211 739 Check No. 480211 Cate 09/05/19 l� Amount 2,647.40 Authorized Signature c w c c rn n 0 c z p4B02LLoi' 1:073900535': 00 01.3 210 CITY OF DUBUQUE CHECK NO 480209 AMOUNT 312.80 VENDOR 1688 DUBUQUE COUNTY RECORDER CHECK DATE 09/05/19 Activity/Project Account Purchase Order Invoice No Amount Description 3602437 73110 20002276 BAHL 312.80 REAL ESTATE TRANSFE TOTAL 312.80 480209 0 c c 0 c m n 0 c z is rr,iec on the uffssissippi DUBUQUE BANK & TRUST CO DUBUQUE, IOWA City Hail 50 West 13th Street Dubuque, Iowa 52001--- .-.- PAY THREE HUNDRED TWELVE DOLLARS & 80 CENTS TO THE ORDER OF DUBUQUE COUNTY RECORDER 720 CENTRAL AVE DUBUQUE kA 52001 45-53 739 Check No. 480209 Date 09/05/19 Amount 312.80 Authorized Signature �i'480209e I:07390053Si: 00 013 Elia 5,:_r`i ,t, WARRANTY DEED I i` Return to: City of Dubuque, 50 West 13th Street, Dubuque, IA 52001 Y'' Taxpayer: City of Dubuque, 50 West 13th Street, Dubuque, IA 52001 ',c-,'1/4r""c'`� Preparer: Brian J. Kane, 2100 Asbury Rd., Ste 2, Dubuque, IA 52001 Phone: (563) 582-7980 For the consideration of ten ($10.00) Dollar(s) and other valuable consideration, Steven E. Bahl and Sandra J. Bahl, husband and wife, do hereby Convey to City of Dubuque, Iowa Dubuque County, Iowa: the following described real estate in Lot 1 of Loretta Bahl's Homestead, in the City of Dubuque, Iowa, comprised of Lot 1 of the West 30 acres of the SW 1/4, SE I/4, Section 19, T89N, R2E (Dubuque Twp) of the 5th P.M., according to the recorded plat thereof. Grantors do Hereby Covenant with grantees, and successors in interest, that grantors hold the real estate by title in fee simple; that they have good and lawful authority to sell and Convey the real estate; that the real estate is free and clear of all liens and encumbrances except as may be above stated; and grantors Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated on August , 2019 Aa Steven E. Bahl (Grantor) Agc--/ ?X=sfliO Sandra J. Bahl (Grantor) STA 1'h OF IOWA , COUNTY OF DUBUQUE This record was acknowledged before me on August Ar , 2019 , by Steven E. Bahl and Sandra J. Bahl, husband and wife iowt ANGELA DEMMER Commission Number 732857 MY COMMIWItj TES SignaturfNotary Public © The Iowa State Bar Association 2019 Form No. 101, Warranty Deed IowaDocs® Revised February 2019 RESOLUTION NO. 311-19 RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY STEVEN AND SANDRA BAHL, IN THE CITY OF DUBUQUE Whereas, the Dubuque Industrial Center Economic Development District is an urban renewal area which allows the City of Dubuque to capture tax increment revenue from improvements made in the District in order to promote economic development activities; and Whereas, the City of Dubuque intends to expand the Dubuque Industrial Center Economic Development District; and Whereas, the proposed expansion and amendment of the Dubuque Industrial Center Economic Development District will result in acquisition of certain real estate, namely 6805 Pennsylvania Avenue; and Whereas, Steven and Sandra Bahl (the Owners) of this certain real estate have voluntarily agreed to sell to the City of Dubuque the certain real estate legally described as follows (the Property): Lot 1 of Loretta Bahl's Homestead, in the City of Dubuque, Iowa, comprised of Lot 1 of the West 30 acres of the SW 1/3, SE'/, Section 19, T89N, R2E (Dubuque Twp) of the 5th P.M., according to the recorded plat thereof; and Whereas, acquiring the Property will allow expansion of the Dubuque Industrial Center Economic Development District; and Whereas, the acquisition of this real estate is a voluntarily negotiated purchase by the City of Di iDubuque under Section 6B.1A of the Code of lo,^:a, and is not an acquisition by the City of Dubuque through its exercise of the power of eminent domain under Chapter 6B of the Code of Iowa; and Whereas, the Owners have agreed to sell the Property for a total cost of $196,000; and Whereas, a purchase agreement and acknowledgment of voluntary negotiation have been finalized with the Owners of the real estate scheduled for acquisition; and Whereas, it is in the best interest of the City to acquire the Property, subject to review of the updated abstract and title opinion by the City Attorney's Office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Council of the City of Dubuque, Iowa hereby approves the Offer to Buy Real Estate and Acceptance attached hereto subject to review of the updated abstract and title opinion by the City Attorney's Office. Section 2. The City of Dubuque be and is hereby authorized to accept a Warranty Deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. The City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Passed, approved and adopted this 3rd day of September 2019. Attest: Keflin S. Firnstahl, City Clerk Roy D. Buol, Mayor STATE OF IOWA CERTIFICATE of the CITY CLERK ) ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 311-19 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 4th day of September, 2019. Kevi S. Firnstahl; CMC, City Clerk REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name Steven E. Bahl and Sandra J. Bahl Address 6505 Pennsylvania Ave, Dubuque, IA 52002 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name City of Dubuque, Iowa Address 50 West 13th Street, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: 6805 Pennsylvania Ave, Dubuque, IA 52002 Number and Street or RR City, Town or P.O. State Zip Legal Description of Property:Attach if necessary) Lot 1 of Loretta Bahl's Homestead, in the City of Dubuque, Iowa, comprised of Lot 1 of the West 30 acres of the SW t/, SE 1/4, Section 19, T89N, R2E (Dubuque Twp) of the 5th P.M., according to the recorded plat thereof. 1. Wells (check one) _ There are no known wells situated on this property. 4_ There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) There is no known solid waste disposal site on this property. _ There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) X There is no known hazardous waste on this property. There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) 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.) _ There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) 5. Private Burial Site (check one) % There are no known private burial sites on this property. _ There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) _ All buildings on this property are served by a public or semi-public sewage disposal system. _ This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. _ There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. _ There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. XThere is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] _ This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: t(� tlnnaxst b Ii, puuAio W ti(iC ala GGtk, °it Ivu a -106 , s td a po p x4 I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: 4.-/zP (Transferor or Agent) Telephone No.: (563) 556-6223 FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) CTRL # • C O Y Y Y Y M M##### 1 11 11 1 111 1 1557006019999' 1 1 REAL ESTATE TRANSFER - DECLARATION OF VALUE Please read the instructions comprised in form 57-011 before completing and filing this form. Part I - TO BE COMPLETED BY BUYER, SELLER OR AGENT 1 ill • Date of Instrument (MMDDYYYY) g , a/ Enter the number matching your selection in the box at the end of the line: Deed (1) Contract (2) 1 Seller: Steven E. Bahl and Sandra J. Bahl Phone Number: (563) 556-6223 Seller Address: 6505 Pennsylvania Ave Cit Dubuque State: Iowa Buyer: City of Dubuque, Iowa Buyer Address: 50 West 13th Street State: Iowa ZIP: 52001 email: Address of Property Conveyed: 6805 Pennsylvania Ave Dubuque City: aew.� State: Iowa ZIP:52002 email: Phone Number: (563) 589-4381 City Dubuque Legal Description: see 1 in Addendum ZIP: 52002 Enter the number corresponding to your selection in the box at the end of the line, if applicable. Type of Sale: Sale between related parties/family (1); Sale of partial interest (2); Trade (3); Quit Claim Deed (4); Auction (5) Was this a sale of agricultural land to: Corporation (1); Trust (2); Alien (3); Non-resident Alien (4); Limited Partnership (5) DECLARATION OF VALUE STATEMENT 1. Total Amount Paid 2. Amount Paid for Personal Property 3. Amount Paid for Real Property 9 1 9 I hereby declare that the information contained in Part I of this form is true and correct. Printed Name: Signature: , 1 Steven E. Bahl joie— „S- .....Buyer Effective On or Before 07/01/16 Phone Number: (563) 556-6223 0 0 .00 .00 0 0 .00 or Seller X or Agent or Attorney Page 1 ISBA 57-006a (03/15/16) • Real Estate Transfer — Declaration of Value, Page 2 • Part II - TO BE COMPLETED BY THE ASSESSOR Assessed values must be as of January 1 of the year in which the sale occurred. SECTION A: SINGLE CLASSIFICATION Primary Classification: Residential (4); Commercial (5); Industrial (2); Agricultural (1); Multi -residential (7) City/Township: Primary Parcel Number: Occupancy: Year Built: Class Land Building Dwelling Res .00 .00 .00 Com .00 .00 MultiRes Ind .00 .00 Ag .00 .00 .00 MultiRes .00 .00 .00 Subtotal SECTION B: DUAL CLASSIFICATION Primary Classification: Commercial (5); City/Township: Primary Parcel Number: Industrial (2); Multi -residential (7) Occupancy: Year Built: .00 Class Land Building Dwelling Com .00 .00 Ind .00 .00 MultiRes .00 .00 .00 Subtotal................................................ . .................... Total: Add Subtotal amounts from Sections A and B ................... Enter amount from line 3, page 1. ............ ..... ....... ..... Ratio: Divide Total amount by the amount on line 3, page 1 Comments: NUTC Jurisdiction .00 .00 .00 OA ■ Effective on or before 07/01/16 Page 2 ISBA 57-006b (03/15/16) ■ Addendum 1. Lot 1 of Loretta Bahl's Homestead, in the City of Dubuque, Iowa, comprised of Lot 1 of the West 30 acres of the SW 1/4, SE 1/4, Section 19, T89N, R2E (Dubuque Twp) of the 5th P.M., according to the recorded plat thereof. 4111111011011111111111111 1111111 sill ilii Doc ID: 010354960004 Type: GEN Kind: DEED WITH ON Recorded: 09/19/2019Lat1111:57:41 AM Fee Amt: $339.80 Page 1 of 4 Revenue Tax: $312.80 Dubuque County Iowa John Murphy Recorder Fue2019-00011177 WARRANTY DEED Return to: City of Dubuque, 50 West 13th Street, Dubuque, IA 52001 Taxpayer: City of Dubuque, 50 West 13th Street, Dubuque, IA 52001 Preparer: Brian J. Kane, 2100 Asbury Rd., Ste 2, Dubuque, IA 52001 Phone: (563) 582-7980 For the consideration of ten ($10.00) consideration, Steven E. Bahl and Sandra J. Bahl, husband and wife, Dollar(s) and other valuable City of Dubuque, Iowa do hereby Convey to Dubuque County, Iowa: the following described real estate in Lot 1 of Loretta Bahl's Homestead, in the City of Dubuque, Iowa, comprised of Lot 1 of the West 30 acres of the SW 1/4, SE 1/4, Section 19, T89N, R2E (Dubuque Twp) of the 5th P.M., according to the recorded plat thereof. Grantors do Hereby Covenant with grantees, and successors in interest, that grantors hold the real estate by title in fee simple; that they have good and lawful authority to sell and Convey the real estate; that the real estate is free and clear of all liens and encumbrances except as may be above stated; and grantors Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated on August AT , 2019 4- 4 Steven E. Bahl (Grantor) Sandra J. Bahl (Grantor) STATE OF IOWA , COUNTY OF DUBUQUE This record was acknowledged before me on August Ar , 2019 , by Steven E. Bahl and Sandra J. Bahl, husband and wife ANGELA DEMMER Commission Number 732357 MY comm $K E 'Ifj(=S Signatur f Notary Public © The Iowa State Bar Association 2019 IowaDocs® 500 Form No. 101, Warranty Deed Revised February 2019 aap° EP Cit -(3 G.err RESOLUTION NO. 311-19 RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY STEVEN AND SANDRA BAHL, IN THE CITY OF DUBUQUE Whereas, the Dubuque Industrial Center Economic Development District is an urban renewal area which allows the City of Dubuque to capture tax increment revenue from improvements made in the District in order to promote economic development activities; and Whereas, the City of Dubuque intends to expand the Dubuque Industrial Center Economic Development District; and Whereas, the proposed expansion and amendment of the -Dubuque Industrial Center Economic Development District will result in acquisition of certain real estate, namely 6805 Pennsylvania Avenue; and Whereas, Steven and Sandra Bahl (the Owners) of this certain real estate have voluntarily agreed to sell to the City of Dubuque the certain real estate legally described as follows (the Property): r Lot 1 of Loretta Bahl's Homestead, in the City of Dubuque, Iowa, comprised of Lot 1 of the West 30 acres of the SW 1/3, SE'/, Section 19, T89N, R2E (Dubuque Twp) of the 5th P.M., according to the recorded plat thereof; and Whereas, acquiring the Property will allow expansion of the Dubuque Industrial Center Economic Development District; and Whereas, the acquisition of this real estate is a voluntarily negotiated purchase by the nity nf ril lhl Ino IP i inrier Sertinn RI 1 A of the f'nrie nf In;nia and is not an arm i ci+inn by the City of Dubuque through its exercise of the power of eminent domain under Chapter 6B of the Code of Iowa; and Whereas, the Owners have agreed to sell the Property for a total cost of $196,000; and Whereas, a purchase agreement and acknowledgment of voluntary negotiation have been finalized with the Owners of the real estate scheduled for acquisition; and Whereas, it is in the best interest of the City to acquire the Property, subject to review of the updated abstract and title opinion by the City Attorney's Office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Council of the City of Dubuque, Iowa hereby approves the Offer to Buy Real Estate and Acceptance attached hereto subject to review of the updated abstract and title opinion by the City Attorney's Office. Section 2. The City of Dubuque be and is hereby authorized to accept a Warranty Deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. The City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Passed, approved and adopted this 3rd day of September 2019. Attest: K iin S. Firnstahl,-City Clerk Roy D. Buol, Mayor CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 311-19 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 4th day of September, 2019. e Kevirl S. Firnstahl; CMC, City Clerk 11 11 n 11 11 11 u 11 11 11 Doc ID. 010354970003 Type GWH Kind: GROUNDWATER HAZARD Recorded: 09/19/2019 at 11:57:55 AM Fee Amt: $0.00 Pape 1 of 3 Dubuque County Iowa John Murphy Recorder F11e2019-00001601 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name Steven E. Bahl and Sandra J. Bahl Address 6505 Pennsylvania Ave, Dubuque, IA 52002 Number and Street or RR City, Town or P.O. TRANSFEREE: Name City of Dubuque, Iowa State Zip Address 50 West 13th Street, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. Address of Property Transferred: 6805 Pennsylvania Ave, Dubuque, IA 52002 State Zip Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) Lot 1 of Loretta Bahl's Homestead, in the City of Dubuque, Iowa, comprised of Lot 1 of the West 30 acres of the SW 1/4, SE VI, Section 19, T89N, R2E (Dubuque Twp) of the 5th P.M., according to the recorded plat thereof. 1. Wells (check one) _ There are no known wells situated on this property. There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth: on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) ). There is no known solid waste disposal site on this property. _ There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) )( There is no known hazardous waste on this property. There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) 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.) _ There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) 5. Private Burial Site (check one) "There are no known private burial sites on this property. There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) _ All buildings on this property are served by a public or semi-public sewage disposal system. _ This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. _ There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. XThere is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: _ The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached)I� hereto: StAkn dues put -_ f wGahlA oit v uliVt,, - ',yaks( d4 dr o pv4 I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: 44'f? L/14 4/12P (Transferor or Agent) FILE WITH RECORDER Telephone No.: (563) 556-6223 DNR form 542-0960 (July 18, 2012) The Dubuque IOWA DEPARTMENT of NATURAL RESOURCES TIME of TRANSFER INSPECTION WAIVER For BUILDING DEMOLITION 542-0063 County Board of Health and the buyer of the property referenced below enter into the following agreement: It is understood that Iowa Code 455B.172(11) requires an inspection of the private sewage disposal system on all properties not specifically exempted in Iowa at the time of transfer. The property located at and the buyer, 6805 Pennsylvania Avenue, Dubuque City of Dubuque , Iowa is subject to this inspection , shall not occupy the dwelling 31st located on this property and shall demolish said dwelling by the day of December ' 20 It is hereby agreed that the time of transfer inspection and upgrading of the private sewage disposal system serving this property will not be required as long as the dwelling is not occupied and is removed b the 31st da of December 2® 19 Y Y BUYER COUNTY BOARD OF HEALTH or AUTHORIZED REPRESENTATIVE (/ This instrument was acknowledged before me on 3.(9'\--(m ‘0,0P 5, ; J , 20 19 JENNIFER M. MESSERICH Y commission Nu b rL4 $74 Corm. My Co. Exp f Z by ixi, 6A, � IN\ YVl l i1�AAUJn U Notary Public 05/2010 cmz 542-0063