Medical Ass Sub buy City properMEMORANDUM
October 28, 2003
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Miliigen, City Manager
Sale of City Property - Medical Associates Subdivision
A request has been received from Oak Park Place of Dubuque, LLC, the developer of
Lot 10 of Medical Associates Subdivision, to pumhase Lots 1, 2 and 3 of Medical
Associates Subdivision No. 3. Public Works Director Mike Koch recommends the sale
of said lots and that the purchase price be established at the cost of surveying, platting,
title search, publication and filing fees.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
MEMORANDUM
October 27, 2003
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director
Sale of City Property - Medical Associates Subdivision
A request has been received from Oak Park Place of Dubuque, LLC, the
developer of Lot 10 of Medical Associates Subdivision, to purchase Lots 1, 2,
and 3 of Medical Associates Subdivision No. 3.
These three lots are a small part of a larger 29-acre pamel that was dedicated to
the City in 1997 for a park or greenway between the Canadian National Railroad
and the Medical Associates Subdivision. A reconfiguration of the proposed
development on the abutting Lot 10 of Medical Associates Subdivision required
0.98 acres to be acquired off of the 29-acre parcel given to the City. The new lot
line will more closely follow the top of the steep hill and not encroach into the
developable area.
I recommend that the public hearing be held on the disposal of Lots 1,2, and 3 of
Medical Associates Subdivision No. 3 and that the cost be established as
surveying, platting, title search, publication, and filing fees.
cc: Ronald J. Turner, PLS
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO. 446-03
RESOLUTION DISPOSING OF CITY INTEREST IN LOTS 1, 2, AND 3
OF MEDICAL ASSOCIATES SUBDIVISION NO. 3 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 cimulation
published in the City of Dubuque, Iowa on the 24th day of October, 2003, the City
Council of the City of Dubuque, Iowa met on the 3rd day of November, 2003, 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
descdbed as:
Lots 1, 2, and 3 of Medical Associates Subdivision No. 3 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
Lots 1, 2, and 3 of Medical Associates Subdivision No. 3 in the City of Dubuque,
Iowa to Oak Park Place of Dubuque, LLC, be and the same is hereby approved for
the cost of surveying, platting, title search, 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 Oak Park Place of Dubuque, LLC, 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
2003.
Alt :
:Jeanne F. Schneider, City Clerk
mrd day of November ,
Terrance M. Duggan, Mayor
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, iowa (563) 589-4270
Address Tax Statement: Oak Park Place of Dubuque, LLC, 3130 Westmore Drive, Dubuque, IA 52001
QUIT CLAIM DEED
The City of Dubuque, Iowa, a municipal corporation of Dubuque County, Iowa, for good and
valuable consideration, does hereby Quit Claim unto:
Oak Park Place of Dubuque, LLC
3130 Westmore Drive
Dubuque, iowa 52001
all its rights, title, and interest in the following described rea] estate situated in Dubuque
County, Iowa, to-wit:
Lots 1, 2, and 3 of Medical Associates Subdivision No. 3 in the City of Dubuque,
Dubuque County, Iowa
No declaration of value is required according to Iowa Code Section 428A.1.
Deeds with a consideration of $500.00 or less are exempt from transfer tax. ~owa Code
Sec. 428A. t.
This deed is given pursuant to the authority of Resolution No. of the City of
Dubuque, adopted , 2003, the terms and conditions thereof, if any, having
been fulfilled.
Signed this day of , 2003.
CiTY t~UQUE, IOWA
Torrance M. Duggan,~yor
Attest:
By:
Jeanne F. Schneider, CMC, City Clerk
STATE OF IOWA
DUBUQUE COUNTY
)
) ss
)
On this day of , 2003, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Terrance M. Duggan 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 , 2003; and Terrance M. Duggan 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)
TRANSFEROR Name
Address
TRANSFEREE Name
City of Dubuque
50 W. 13th Street
Oak Park Place of Dubuque, LLC
Dubuque, IA 52001-4864
Address 3130 ~strmre Drive
Dubuque, IA 52001
City, Town or P.O,
State Zip
Address of Property Transferred
City, Town, or P.O.
LegalDescriptiun of Property Lots 1, 2, and 3 of Mc:dical Associates Subdivision No. 3 in the
City of Dubuque, Dubuque County, Iowa
Wells (eheek one)
2[ There are no known wells situated on tins property.
[] There is a well or wells situated on this property. The type(s), location(s) and legal status are stared below.
Solid Waste Disposal (cheek one)
l~ There is no known solid waste disposal site on this property.
E There is a solid waste disposal site on this property, but no notice has been received from the Department of Natural Resources that the
site is deemed to be potentially hazardous.
Et There is a solid waste disposal site on this property which has been deemed to be potentially hazardous by the Department of Natural
Resources. The location(s) of the site(s) is stated below.
Hazardous Wastes (cheek one)
~ There is no known hazardous waste on this property.
[] There is hazardous waste on this property and it is being managed in accordance with Department of Natural Resources roles.
Underground Storage Tanks (check one)
[~ There are no known underground storage taxtks on this property. (Note exclusions such as small farm and residential motor fuel tanks,
most heating oil tanks, cisterns and septic tanks, in iusmactions.)
E1 There is an underground storage tank or tanks on this property. The type(s), size(s'} and any known substance(s) contained are described
below.
5. Private Burial Site (check one) ~ There are no known private burial sites on this property.
[] There is a private burial site on th/s 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? y/~ · If so, number of pages
I IrlEREBY DECLARE TItAT THE INFORMATION CONTAINED IN PART 1 OF Tills STATEMENT IS TRUE AND CORRECT
Signamre: ~/~ /0//~/'~$ Telephone Number: 56(~) 589-4270
(*~sreroro~Ag~n0 Michael A. Koch, Public Nbrks Director
Date of Iustnnnent
Date of Recording
Deed E Contract []
Book/I.D.
Page/I.D.
City or Township
County
DNRform(July 99) FiLE WlTltRlgCORDER ......................................
542-0960
(See Instraction #6)
INSTRUCTIONS FOR COMPLETING GROUNDWATER HAZARD STATEMENT
The transferor of real property is required to complete Part I of this
form. The purpose of the statement is to satisfy legal requirements
for filing insmmaents of conveyance of real property with the
county recorder (Imva Code Section 558.69). The Depm:trnent of
Natural Resources does not approve or disapprove of property
transfers based on these statements, rIhe statement must be signed
by one of the persons transferring the property interest or that
person's agent. An agent signing this form represents the
information from transferor to be correct.
For the most part the information requested is clear (name,
address, etc.). One statement under each of the numbered items
(1, 2, 3, 4 and 5) must be checked, and if one or more of the
statements checked requires the transferor to provide additional
information, that information is to be provided in part I. Relate the
additional information to the specific category of facility (well,
etc.) by numbering it with the corresponding number (i, 2, 3, 4,
5). If additional space is needed, type or print it legibly on a
separate sheet or sheets, complete the statements at the end of Part
I and attach the additional information to all copies of the form.
When describing the location of a facility on the property, be
reasonably precise, such as a specific distance and general
direction from a landmark or comer of the property. A
professional survey is not necessary. The following defaritions are
for use in completing the form.
1. Wells - A "well" is any excavation that is drilled, cored, bored,
augered, washed, driven, dug, jetted or otherwise constructed for
accessing groundwater or for diverting surface water into the
ground, including abandoned wells. "Well" does not include an
open ditch or drainage files which discharge to the surface.
Ifa well is an "abandoned well" or an "agr/cultural drainage well,"
this must be identified and the status of the well with respect to
Iowa Code sections 455B.190 and 159.29, respectively, must be
stated. An "abandoned well" is a well no longer in use or in such
state of disrepair that continued use is unsafe or impracticable.
Abandoned wells are to be properly plugged in accordance with
chapter 39 of the roles of the Department of Natural Resources.
(567 Iowa Administrative Code, Chapter 39)
3. Hazardous Wastes - "Hazardous waste" is daf'mad hi Iowa
Code section 455B.411, 567--141.2 (455B), I.A.C., and federal
regulations referenced therein. It is generally defined 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, agricultural wastes returned to the soil as
fertilizers or soil conditioners, agricultural chemicals applied or
disposed of by a farmer in accordance with the manufacturer's
instructions, triple-rinsed agricultural chemical containers
disposed of by farmers (where the rinsate is used as makeup
water in the tardmfix 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 purpos?s. But
See 455B.473(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 lagoom
f. A storm water or wastewater collection system.
g. A flow-through process tank.
h. 'A liquid trap or associated gathering lines dkectly related to
oil or gas production and gathering operatious~
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.
An "agricultural drainage welt" is a well coustmcted for the
purpose of draining, or which drains, water from agricultural land
to an aquifer (underground), excluding drainage tile intakes which
outlet to the surface. Agricultural drainage wells are required to
be registered with the department by September 30, t988, and the
owner of the well and of the land drained by the well are to
develop a plan proposing alternatives to the use of the well by
July 1, 1998 (See Iowa Code Section 159.29.)
2. Solid Waste - "Solid waste" means garbage, refuse, rubbish
and other similar discarded solid or semisolid material. It does not
include dirt, stone, brick, or similar inorganic material used for fill,
as long as no other solid waste is included. See 567--100.2(455B),
Iowa Administrative Code (I.A.C.) for further de£mitions. A
"disposal site" is any area on the property on, in, or under which
solid waste has b~een disposed, whether or not the disposal is or
was regulated by the department.
If the transferor or agent has not received notice from the
Department of Natural Resources that the disposal site has been
deemed to be potentially hazardous, there is no duty to inquke [o
the depamnent.
~'Tank type" means the material of constraction (steel, fiberglass
reinforced plastic [FRP], or other [specify]); and any internal or
externa} 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 m be recorded is fried. The
Recorder shall forward the original to the transferee when the
recorded instrument is returned. The recorder is not required to
keep any copies.
*Note The land application of sludges or soils resulting from the
remediatiun of underground storage tank releases accomplished in
compliance with Department of Natural Resources tales without a
permit is not required to be reported as the disposal of solid waste
or hazardous waste. (See Iowa Code Section 558.69)
DNRform(July 99) s43-0960