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Congress Cr dispose YiannisKEY CITY INVESTMENT CO. A,, o,oa P.O. Box 3127 DUBUQUE, IOWA 52004-3127 Phone (563) 583-6101 Fax (563) 583-5004 November 27, 2001 Honorable Mayor and City Council, Key City Investment Co. has presented an offer to the City to purchase Congress Circle Street for the appraiser's revised price of $35,750.00. Congress Circle Street bisects two lots on John F. Kennedy Road, 1785 JFK and 1805 JFK Road, and is the access to a third lot immediately adjacent to the above two lots and to the west, all owned by Key City Investment Co. 1785 JFK and 1805 JFK Roar are accessed from Congress Circle Street, as is the west lot. Key City Investment Co.: 1. Desires to purchase said street to main- tain and preserve access to all three lots. 2. Will provide a permanent easement to the west lot for access by the City for sani- tary sewer maintenance and will avoid land-locking the west lot. 3. Will develop the two commercial lots on JFK for commercial use. The State Central Bank and another proposed tenant will pro- vide employment for approximately 40-50 people. 4. Will relieve the City of future maintenance costs for said street. 5. Improvements will result in several million dollars of construction that will yield to the City substantial real estate and sales taxes. Key City Investment Co. requests that the City sell to Key City Congress Circle Street as provided for in its offer. Respectfully, KEY CITY INVESTMENT CO. /s/ N. J. Yiannias, President NJY:lg MEMORANDUM November 27, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Vacating Petition - Congress Circle The City has received a request from N.J. Yiannias, representing Key City investment Co., to purchase the Congress Circle right-of-way off John F. Kennedy Road. Mr. Yiannias owns the three lots abutting the Congress Circle right-of-way. Subsequent to the request to vacate Congress Circle, the City also received a request to purchase this property from James and Gregory Kaib. Public Works Director Mike Koch advises that the City has no use for the property, except for reserving a 20' vehicular access easement for the existing platted lots. It is important to note in this process that the City of Dubuque had not identified this property as an excess parcel that needed to be sold, but was approached by the abutting property owner to purchase the property. It has been the long-standing policy of the City to first offer the sale of public property to abutting property owners. The City had originally had an appraisal done on the property, but had failed to notify the appraiser that one of the conditions of the sale of the property would be that there must be a 20' vehicular access easement preserved. Felderman Appraisals has updated their appraisal and has established a value for the property of $35,750. Mr. Yiannias has agreed to pay that price for the property. The City also has an offer from James and Gregory Kalb for a price of $65,000. If the City were to sell to any party other than the abutting property owners, damages would have to be paid to those property owners related to any depreciation of value to their property. At this time we do not know what the extent of those damages would be, and even if we were to attempt to estimate those damages, that issue probably would only be resolved through litigation. Public Works Director Mike Koch is recommending that the City sell the lot to the abutting property owner, Mr. Yiannias, for the appraised value of $35,750. 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 Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13TM Street, Dubuque, IA 52001-4864 RESOLUTION NO..515-01 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 2A OF WESTVIEW SHOPPING CENTER PLACE NO. 2, DUBUQUE COUNTY, DUBUQUE, 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 23rd day of ~J0vember , 2001, the City Council of the City of Dubuque, Iowa met on the 3rd day of December , 2001, at 6:30 p.m. in the Public Library Auditorium, 11th and Locust, Dubuque, Dubuque, County, Iowa to consider the proposal for the sale of real estate described as: Lot 2A of Westview Shopping Center Place No. 2, 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 easements as noted. NOW THEREFORE, BE iT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sage of City of Dubuque real property described as Lot 2A of Westview Shopping Center Place No. 2, in the City of Dubuque, Iowa to Key City Investment Co. be and the same is hereby approved for the sum of $35,750.00, plus cost of publication, platting and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. The City of Dubuque reserves unto itself a 20-foot perpetual access easement to the west end of Congress Circle, Lot 1 of Westview Shopping Center Place No. 2. Section 3. 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 Key City investment Co. upon receipt of the purchase price in full. Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the office of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, a'pproved and adopted this 3rd Attest: /s/ Jeanne F. Schneider, City Clerk /s/ Terrance M. Duggan, Mayor Prepared by: Ronald d. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (319) 589-z~270 Address Tax Statement: Key City lnvestment Co., 75 John F. Kennedy Road, Dubuque, lA 52001 QUIT CLAIM DEED The City of Dubuque, Iowa, a municipal corporation of Dubuque County, Iowa, for Thirty Five Thousand Seven Hundred Fifty and 00/100 Dollars ($35,750.00), does hereby Quit Claim unto: Key City lnvestment Co. 75 John F. Kennedy Road Dubuque, lA 52001 all its rights, title, and interest in the fo]lowing-described real estate situated in Dubuque County, Iowa, to-wit: Lot 2A of Westview Shopping Center Place No. 2 in the City of Dubuque, Dubuque County, Iowa The City reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa, over the northerly 25 feet of Lot 2A of Westview Shopping Center Place No. 2. No declaration of value is required according to Iowa Code Section 428A.1. This deed is given pursuant to the authority of Resolution No. 515-0~ of the City of Dubuque, adopted December 3 , 2001, the terms and conditions thereof, if any, having been fulfilled. Signed this 3rd day of December ,2001. By: Ter~ance M. Duggan, M~'r Attest: ~_~'eanne F. Scl~neider, City Clerk STATE OF IOWA ) ) ss DUBUQUE COUNTY ) On this 3rd day of December , 2001, 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. 515-0~f the City Council on the 3rd day of December , 2001; 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 corpor~vo~u~y ~~,//.~ Notary Public In and For Said State. REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT PART I - TO BE COMPLETED BY TRANSFEROR (Please Type or Print Legibly) L TRANSFEROR Name City of Dubuque Address .50 W. 13th Street TR-4aNSlq~P~EE Name Key City InveslTmnt Co. Dubuque, IA 52001-4864 Address 75 John F. Kennedy Road Dubuque, IA 52001 Address of Property Transfe~ed NA Legal Description of Property Lot 2A of h~stvi~ Shopping Center Place No. 2, in the City of Dubuque, Dubuque County, Iowa 1. Wells (cheek one) ~1 There are no known wells situated on this property. G. There is a well or wells situated on this property. The type(s), location(s) and legal stares are stated below. 2. Solid Waste Disposal (check one) ~ There is no known solid waste disposal site on fids property. [] 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. . .: :: . . - [] There is a solid waste disposal site on fids proper~t which has been deemed to be potentialIy hazardons by the Department of Natural Resources. The Iocation(s) of'the site(s) is stated below. 3. Hazardous Wastes (cheek one) ~ There is no known hazardous waste on th/s property. [] There is hazardous waste on fids property and it is being managed in accordance with Deparcrnant of Natural Resources rules. 4. Underground Storage Tanks (check one) Kt There are no known underground storage tanks on fids properS. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic rank% in instructions.) [] There is an underground storage tank or ranks on fids property. The type(s), size(s) and any known substance(s) contained axe descn~oet below. 5. Private Burial Site (check one) gl 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) is stated below. The known identifying information of the decedeut is stated below. Information, if any, required by statemen[s checked abo',:e: A~ackment for Add tonal Information? y/(~ If so, number of pages I HEREBY DECLAi~E THAT THE INFORt'VlATION CONTAINED IN PART 1 OF THIS STATEMENT IS TRUE AND CORRECT " Michael A. Koch PART II - TO BE COMPLETED BY RECORDER Date of InsUmment Book/I.D. Page/I.D. Date of Recording City or Township Deed 0 Con~act El County D..NR form (July 99) FILE '~VITH RECOPd)ER ~z-~J6o (See Instruction #6) INSTRUCTIONS FOR COMPLETL'";G GROULN'DWATER HAZARD STATEMaENT The transferor of real property is requked to complete Part t of this form_ The purpose of the statement is to satisfy legal requirements for filing iustrumanrs of conveyance of real property with t_he county recorder (Iowa Code Section 55g.69). The Department of Navaral Resources does not approve or disapprove of property trausfers based on these statements. The 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 informmdon from =ausferor to be correct. For tine must part the information requested is clear (name, address, etc.). One statement under each of the numbered items (I, 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 o£ facility (well, etc.) by numbering it with the _corresponding number (1, 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. x,~'nen 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 professinnai sum'ey is not necessary. The following de£mitious are for use in completing the form. 1. Wells - A '%,'eli" is any excavation that is drilled, cored, bored, au'gered,' washed, driven, dug, jetted or otherwise constructed for accusing groundv,'ater or for diverting surface water into the ground, including abandoned wells. "Well" does not include an open ditch or drainage riles which discharge to the surface. Ifa well is an "abandoned well" or an "agricultural 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..Aa "abandoned well" is a well no longer in use or in such stare of disrepair that continued use is unsafe or impracticable. Abandoned wells are to be properly plugged /n accordance with naprer 39 of the rules of the Department of Natural Resources. (567 Iowa A&m.inistratlve Code, Chapter 39) 3. Hazardous Wastes - "Hazardous waste" is defme~l in Iowa Code section 455B.4I I, 567--141.2 (455B), I.A.C., and federal regulations referenced therein. It is generally deemed 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 manufactttrer's inswact/ons, triple-rinsed agricultural cherrdcal containers disposed of by farmers (where the riusate is used as makeup water in the tan!cmix 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 tamk" means one or a combination of tanks, including underground piping connected to the tanks, used to contain an accumulatiun of regulated substances, and the volume of wh/ch is 10 percent or more beneath the surface of the ground. "Regulated substances" include petroleum products and hazardous or toxic materials identified in 567--i35.2(455B), I.A.C. Underground storage tank does not include: a. Farm or residential tanks of I,I00 gallons or tess capacity used for storing motor fuel for noncommercial purposes. 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 lagoon. f. A storm water or wastewater collection system. g. A flow-thzough process tan/<. h. 'A liquid trap or associated gathering lines directly related to oil or gas production and gathering operations. i. A ran!< in an underground area such as a basement or mine, if nhe tank is on or above the surface of the floor. j. Pipes connected to the above exclusions. An "agri.'culmral &-ainage well" is a well consWacted for the purpose of &-aining, or which drains, water from agriculmral land to an aquifer (underground), excluding drainage tile intakes which outlet to the surface. Agricultural drainage wells are required to be registered with the depa~mment by September 30, 1988, and the no.,met of the well and of the land drained by the ;yell are to develop a plan proposing altematives to the use of the ',*,'ell by July I, 1998 (See Iowa Code Section 159.29.) 2. Solid Waste - "Solid waste" means garbage, refuse, mbbish 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 (LA.C.) for further definitions. A "disposal site" is any area on the property on, in, or under which solid wasta has ~een disposed, whether or not the disposal, is or was regulated by the deparm:ent. If the transferor or agent has not. received notice from the Deparmtent of Natural Resources that the dispusat site has been deemed to be potentially hazardous, there is no duty, to inquire to the department. , "Tan/< rfpe" means the material of construction (steel, fiberglass reinforced plastic [FPP], or other [specify]), and any internal or external 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 ali l. mown identiO'ing information of that decedent including name, date of death, and date ofbLrth. 6. Filing - The original of this form must be presented to the coun~ recorder when the document to be recorded is filed. The Recorder shall for.yard tine original to the transferee when the recorded instrument is returned. The recorder is not required to keep any copies. -- *N'ote The land application of sludges or soils resulting from the rcmcdiation of underground storage tank releases accomplished in compliance ~vith Department of Natural Resources pales without a pc,melt is not required to be reported as the disposal of solid waste or hazardous waste. (See Iowa Code Section 558.69) DNR form (July 99) MEMORANDUM November 15, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Counbil Members Michael C. Van Milligen, City Manager Vacating Petition - Congress Circle The City has received a request from N.J. Yiannias, representing Key City Investment Co., to purchase the Congress Circle right-of-way off John F. Kennedy Road. Mr. Yiannias owns the three lots abutting the Congress Circle right-of-way. Subsequent to the request to vacate Congress Circle, the City also received a request to purchase this property from James and Gregory Kalb. Public Works Director Mike Koch advises that the City has no use for the property, except for reserving a 20' vehicular access easement for the existing platted lots. It is important to note in this process that the City of Dubuque had not identified this property as an excess parcel that needed to.be sold, but was apFroached by the abutting property owner to purchase the property. It has been the long-standing policy of the City to first OVer the sale of public property to abutting property owners. The City had originally had an appraisal done on the property, but had failed to notify the appraiser that one of the conditions of the sale of the property would be that there must be a 20' vehicular access easement preserved. Felderman Appraisals has updated their appraisal and has established a value for the property of $35,750. Mr. Yiannias has agreed to pay that price for the property. The City also has an offer from James and Gregory Kalb for a price of $65,000. If the City were to sell to any party other than the abutting property owners, we would have to pay damages to those property owners related to any depreciation of value to their property. At this time we do not know what the extent of those damages would be, and even if we were to attempt to estimate those damages, that issue probably would only be resolved through litigation. Public Works Director Mike Koch is recommending that the City sell the lot to the abutting property owner, Mr. Yiannias, for the appraised value of $35,750. I concur with the recommendation and respectfully request Mayor and City Council approval and ask that this issue be set for public hearing on December 3, 2001. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Michael A. Koch, Public Works Director CITY OF DUBUQUE, IOWA MEMORANDUM TO: FROM: SUBJECT: November 14, 2001 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Vacating Petition - Congress Circle INTRODUCTION This is in response to a request from N. J. Yiannias representing Key City Investment Co. and also James and Gregory Kalb for the vacating and purchase of Congress Circle. DISCUSSION The attached plat shows Congress Circle as it is proposed to be vacated. The abutting properties on all three sides are owned by Key City Investment Co The area to be vacated is dividing into one (1) lot numbered Lot 2A of Westview Shopping Center Place No. 2. Lot 2A of Westview Shopping Center Place No. 2 is an existing 50-foot wide street on which no public utilities exist. A 20-foot wide access easement will be reserved for vehicular access to the property at the west end of Congress Circle, Lot 1 of Westview Shopping Center Place No. 2. The property has been appraised by Felderman Appraisals on behalf of the City at $2.99 per square foot, for a total value of $35,750. RECOMMENDATION The City has no plans for the utilization of the street to be vacated, except for reserving the 20-foot vehicular access easement as noted. I would recommend that the area indicated by Lot 2A of Westview Shopping Center Place No. 2 on the attached plat be vacated, and that a public hearing be set for the disposition of the City's interest in the subject area on December 3, 2001. I would further recommend that the purchase price be established at $35,750, plus platting, publication and filing fees. It has been the long-standing'policy of the City to first offer the sale of public property to the abutting property owner(s). In cases where the abutting owner(s) have declined an interest in purchasing the property, the City then considers any other outstanding offers to purchase or to place the property on the market for public bidding. Mr. Yiannias has already made an offer to the City for $35,750 based upon the City's appraisal. (Mr. Yiannias's appraised value ranged from $36,000 to $38,000). Even though the offer of James and Gregory Kalb is for $65,000, they do not own any property abutting Congress Circle and, therefore, would not normally be given preference over an abutting property owner, particularly one that owns properties on all three sides of the vacated street. City staff, at this time, considers that there is only one valid petitioner, that of Mr. Yiannias. City staff has, therefore, prepared the necessary documents to proceed with the vacating and sale of the property to Mr. N.J. Yiannias. ACTION TO BE TAKEN The recommendation of the City Manager should be approved, and a public hearing should be scheduled on the disposal of the property to Key City Investment Co. through adoption of the enclosed resolutions and ordinance. MAK/vjd Prepared by Ronald J. Turner, P,L.S. cc: James G. Kalb and Gregory J. Kalb KEY CITY INVESTMENT Zowa Corporation P.O. Box 3127 DUBUQUE, IOWA 52004-3127 Phone (3i9) 583-6101 Fax (319) 583-5004 August 14, 2001 Honorable Mayor and City Council City of Dubuque City Hall Dubuque, Iowa 52001 Key City Investment' Co. is the owner of property surrounding Congress Circle, a city street. The enclosed plat designates the dead-end street and surrounding property. We request this street be vacated with title reverting to Key City Investment Co. This vacation will facilitate devel- opment of the surrounding property into produc- tive, tax paying entities that will substantially contribute to the economic progress of Dubuque. NJY:lg Enc'l. Very truly yours, KEY CITY INVESTMENT CO. N. J. Yiannias, President Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13~ S, treet, Dubuque. IA 52001-4864 RESOLUTION CIRCLE RESOLUTION NO. £ 01 APPROVING PLAT OF PROPOSED VACATED CONGRESS Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated November 13, 2001, prepared by IIW Engineers & Surveyors, P.C., describing Congress Circle; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated November 13, 2001, prepared by IIW Engineers & Surveyors, P.C., relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a 20-foot perpetual access easement to the west end of Congress Circle, Lot 1 of Westview Shopping Center Place No. 2. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this day of , 2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk PLAT OF SURVEY LOT 2A OF WESTVIEW SHOPPING CENTER PLACE NO. 2 IN THE CITY OF DUBUQUE, IOWA BEING THE VACATED PART OF CONGRESS CIRCLE RiGHT-OF-WAY WEST OF J. F. KENNEDY ROAD IN THE CiTY OF DUBUQUE, iOWA o~ o~ LOT 2 I .c- .o o WESTVIEW SHOPPING CENTER PLACE NO. 2 ' r'~ ~ ~. POINT OF BEGINNING Z -- g r~.]'- s ~9'35'06" w -', m ~ 239.29'(239') ,,-2' o ..~ cOSG~sSS c~C~ LOT 2A 11,976 SQ. FT. m O ~:~ O , ,~ N89.35'O6"E :: L " 239.29'(239.01") 49.72'(50') .o I LOT 1-2-I-2 ~ WESTVIEW SHOPPING CENTER PLACE LEGEN~ NORTH · FOUND 5/8" I~ON ROD W/ 0 SET 5/6' IRON ROD W/ 0 50 100 NOTE DRAWING MAY HAVE BEEN REDUCED ~,~ LS 12631~ %re .............. *%-"' Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 ORDINANCE NO. - 01 ORDINANCE VACATING CONGRESS CIRCLE Whereas, Key City Investment Co. has requested the vacating of Congress Circle; and Whereas, IIW Engineers & Surveyors, P.C. has prepared and submitted to the City Council a plat showing the vacated street of Congress Circle and assigned lot number thereto, which hereinafter shall be known and described as Lot 2A of Westview Shopping Center Place No. 2, in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that Congress Circle is no longer required for public use, except for a 20-foot perpetual access easement to the west end of Congress Circle, Lot 1 of Westview Shopping Center No, 2 as noted, and vacating of said Congress Circle known as Lot 2A of Westview Shopping Center Place No. 2 in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 2A of Westview Shopping Center Place No. 2 in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. The City of Dubuque reserves unto itself a 20-foot perpetual access easement to the west end of Congress Circle, Lot 1 of Westview Shopping Center Place No. 2. Passed, approved and adopted this day of ,2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13~n Street, Dubuque, IA 52001-4864 RESOLUTION NO. - 01 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 2A OF WESTVlEW SHOPPING CENTER PLACE NO. 2, DUBUQUE, IOWA Whereas, Key City Investment Co. has requested the vacating of Congress Circle. Whereas, IIW Engineers & Surveyors, P.C has prepared and submitted to the City Council a plat showing vacated Congress Circle and assigned lot number thereto, which hereinafter shall be known and described as Lot 2A of Westview Shopping Center Place No. 2, in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has reserved unto itself a 20-foot perpetual access easement to the west end of Congress Circle, Lot 1 of Westview Shopping Center Place No. 2. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to disoose of its interest Lot 2A of Westview Shopping Center Place No 2 in the City of Dubuque, 10wa. Section 2. That the conveyance of Lot 2A of Westview Shopping Center Place No. 2 in the City of Dubuque, Iowa to Key City Investment Co. be contingent upon the payment of $35,750.00 plus platting, publication and filing fees. Section 3. The City of Dubuque reserves unto itself a 20-foot perpetua access easement to the west end of Congress Circle, Lot 1 of Westview Shopping Center Place No. 2. OFFER TO BUY REAL ESTATE AND ACCEPTANCE (NONRESIDENTIAL) TO: THE CITY OF DUBUQUE, IOWA, AN IOWA MUNICIPAL CORPORATION ("SELLER") The undersigned BUYER hereby offers to buy and the undersigned SELLER by its acceptance agrees to sell the real property situated in the City of Dubuque, Iowa, and described as: The "Property" consists of Congress Circle, a City street, as shown on the drawing attached hereto and by this reference made a part hereof, consisting of approximately 12,000 feet, more or [ess [legal description to be supplied later upon platting], together with any easements and appurtenant se rvient estates, b utsubject to any reasonable easements of record for public utilities or roads, any zoning restrictions, customary restrictive covenants, and mineral reservations of record, if any, herein referred to as the "Property," upon the following terms and conditions provided BUYER, on possession, is permitted to use the Property for commercial purposes. 1. PURCHASE PRICE. The Purchase Price shall be $35,750.00 and the method of payment shall be as follows: $1,000.00 with this offer, to be deposited upon acceptance of this offer as earnest money, to be delivered to the SELLER upon performance of SELLER'S obligations and satisfaction of BUYER'S contingencies, if any; and the balance of the Purchase Price as follows: The balance of the purchase price shall be paid in full at the Closing (defined below). 2. REAL ESTATE TAXES. SELLER shah pay real estate taxes, if any, prorated to the date of closing· BUYER shall pay all subsequent real estate taxes. 3. SPECIAL ASSESSMENTS. SELLER shall pay in full at time of closing all special assessments which are a lien on the Property as of the closing. BUYER shah pay all other special assessments or installments not payable by SELLER. 4. RISK OF LOSS AND INSURANCE. SELLER shall bear the risk of loss or damage to the Property prior to dosing or possession, whichever first occurs. 5. POSSESSION AN D CLOSING. If BUYER timely performs all obligations, possession ~ftbe Property shall be delivered to BUYER on or before December 31,2001, subject to vacation of the City street, Congress Circle, by SELLER (which shall be finalized not later ~han December 31, 2001). This transaction shall be considered closed upon delivery of the title transfer documents to BUYER and receipt of all funds then due at closing from BUYER under this agreement. 6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to, or are a part of the Property, whether attached or detached. 7. CONDITION OF PROPERTY. The Property as of the date of this agreement, shall be preserved by the SELLER in its present condition until possession, ordinary wear and tear excepted. SELLER makes no warranties, express or implied, as to the condition of the Property. Buyer accepts the Property in "AS IS" condition. BUYER acknowledges that it has made a satisfactory inspection of the Property and is purchasing the Property in its existing condition. Page 1 of 3 8. ABSTRACT AND TITLE. SELLER shall not be required to obtain an abstract for the Property. SELLER represents, however, that SELLER owns the Property and has merchantable title thereto in conformity with th is agreement, Iowa [aw and the tide standards of the Iowa State Bar Association. 9. ENVIRONMENTAL MATTERS. SELLER warrants to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks located on the Property, the Property does not contain levels of radon, gas, asbestos or urea-formaldehyde foam insulation which require remediation under currant governmental standards, and SELLER has done nothing to contaminate the Property with hazardous wastes or substances. SELLER warrants that the Proper~ is not subject to any local, state or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. SE LLER shall also provide BUYER with a properly executed groundwater hazard statement showing no wells, solid waste disposal sites, hazardous waste and underground storage tanks on the Property unless disclosed here: NONE. 10. DEED. Upon payment of the Purchase Price, BUYER shall convey the Property to BUYER by Warranty Deed, free and clear of all liens, restrictions, and encumbrances except as provided in this agreement. General warranties of title s_ba[I extend to the time of delivery of the deed excepiing liens or encumbrances suffered or permitted by BUYER. 11. USE OF PURCHASE PRICE. At the 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. 12. REMEDIES OF THE PARTIES. A. If BUYER fails to timely perform this agreement, SELLER may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at SELLER'S option, upon 30 days written notice of intention to accelerate the payment of the entire balance because of BUYER'S default {during which 30 days the default is not corrected), SELLER may declare the entire balance immediately due and payable. Thereafter this agreement may be foreclosed in equity and the court may appoint a receiver. to it. If SELLER fails to timely perform this agreement, BUYER has the right to have all payments made returned C. BUYER and SELLER are also entitled to utilize any and all other remedies or actions at law or in equity available to them, and the prevailing party shall be entitled to obtain judgment for costs and attorney fees. 13. NOTICE. Any notice under this agreement shall be in writing and be deemed served when it is delivered by personal delivery or mailed by<:ertified mail, addressed to the parties at the addresses given below. 14. GENERAL PROVISIONS. In the performance of each part of this agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This agreement shall apply to and bind the successors in interest of the parties. This agreement shall survive the closing. 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. 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 singu]ar or plural number, and as masculine, feminine or neuter gender according to the context. 15. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. Page 2 of 3 16. ADDITIONAL PROVISIONS, (A) BUYER, at its expense, shall survey the Property and plat it. with the cooperation of SELLER, at or prior to the Closing. Such survey shall produce a legal descr~ ation in recordable form. (B) This Agreement shall be subject to the approval of the City Council of the City of Dubuque, Iowa. Accepted NOVEMBER .2001. THE CITY OF DUBUQUE, IOWA, AN IOWA MUNICIPAL CORPORATION, SELLER By: By: Michael C. Van Milligen, Its City Manager Dated NOVEMBER / "~, 2001 KEY CITY INVESTMENT CO., AN IOWA, BUSINESS CORPORATION BUYER t~'~Yiannias. Its President Sage 3 of 3 PLAT OF SURVEY LOT 2A OF WESTVIEW SHOPPING CENTER PLACE NO. 2 IN THE CITY OF DUBUQUE, IOWA BEING THE VACATED PART OF CONGRESS CIRCLE RIGHT-OF-WAY WEST OF d. F. KENNEDY ROAD IN THE CITY OF DUBUQUE, iOWA r.~ 03 LOT 2 i -'q .o o WESTVlEW SHOPPING CENTER PLACE NO. 2 --;'m 239.29'(239') ~ c¢.c~ LOT 2A ¢SB 0 cO,~Gg~ '11,g76 SQ. FT. o~ ooo 0 "~ L 239.29'(239.01') FOUND "x" CUT S 89'35'06" W SET PK NAIL 49.72'(50') I LOT 1-2-1-2 ] ~ WESTVlEW SHOPPING CENTER PLACE LEGEN~ P~SnC CAP NO. 12631 I FOUND ~" IRON PIPE UNLESS NOrD GRAPHIC SCALE 0 SET 5/8" IRON ROD W/ 0 50 100 PLAS~C CAP NO. 12631 ( ) RECORD INFORMATION NO~ DRA~NG MAY HAVE BEEN REDUCED THIS SURLY IS SUBdECT TO EASEMENTS, CO~NANTS, SERVI~DES, RESERVA~ONS, RES~ICTIONS AND TOTAL AREA SURVEYED: 1%976 SQ. FT. RIGHTS-OF-WAY OF RECORD AND NOT OF RECORD. SURVE~D FOR: NICK ~ANNIAS PROPRIETOR: CITY OF DUBUQUE DA~ OF SURLY: SEPTEMBER 2001 f JOHN M. % ~ FOR IIW BGI~E~S A~ ~R~y~s' p.o. 4155 Penn~v~nlo Av~- 000005432 OFFER TO BUY REAL ESTATE AND ACCEPTANCE (NONRESIDENTIAL) Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (319) 589-z~270 Address Tax Statement: Key City Investment Co., 75 John F. Kennedy Road, Dubuque, IA 52001 QUIT CLAIM DEED The City of Dubuque, Iowa, a municipal corporation of Dubuque County, Iowa, for Thirty Five Thousand Seven Hundred Fifty and 00/100 Dollars (¢35,750.00), does hereby Quit Claim unto: Key City lnvestment Co. 75 John F. Kennedy Road Dubuque, lA 52001 all its rights, title, and interest in the following-described real estate situated in Dubuque County, Iowa, to-wit: Lot 2A of Westview Shopping Center Place No. 2 in the City of Dubuque, Dubuque County, Iowa The City reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining sewer, drainage, gas, telephone, t.v. cable, and electric lines as may be authorized by the City of Dubuque, Iowa, over the northerly 25 feet of Lot 2A of Westview Shopping Center Place No. 2. No declaration of value is required according to Iowa Code Section 428A.1. This deed is given pursuant to the authority of Resolution No. of the City of Dubuque, adopted ., 2001, the ~rms and conditions thereof, if any, having been fulfilled. Signed this day of ., 2001. CITY OF DUBUQUE, IOWA By: Terrance M. Duggan, Mayor Attest: By: Jeanne F. Schneider, City Clerk STATE OF IOWA DUBUQUE COUNTY ) ) ss ) On this __ day of ., 2001, 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 2001; 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 City of Dubuque Address 50 W. 13th Street TR~4aNSFEREE Name Key City Investment Co. Dubuque, IA 52001-4864 Address 75 John F. Kennedy Road Dubuque, IA 52001 Address of Property Trausfe~ed /~ Legal Description of Property Lot 2A of N~stview Shopping Center Place No. 2, in the City of Dubuque, Dubuque County, Iowa 1. Wells (check one) fl There are no known wells situated on this property. [2 There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below. 2. Solid Waste Disposal (check one) Z There is no known solid waste disposal site on this property. ' n There is a solid waste d~osal site on this property, but no notice has been received from the Department of Narural Resources that the site is deemed to be potentially haz~dous. ._ : .. [5 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. 3. Hazardous Wastes (check 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. 4. Underground Storage Tanks (check one) ~ There are no known under~ound storage tanks on this proper~y. (Note exclusions such as small farm and residential motor fuel most heating oil tanks, cisteras and septic tanks, in inslractions.) [] There is an underground storage tank or tanks on this property. The type(s), size(s) and any known substance(s) contained are describer below. 5. Private Burial Site (check one) ~1 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) decedent is stated below. stated below. The known identifying information of the Information, if any, required by statements checked above: _ A~achinent for Additiona Information? y/(~ If so, number of pages I HEILEBY DECLAILE THAT THE INFOtLh'IATION CONTAINED IN PAP. T I OF THIS STATEMENT IS TRUE AND CORRECT ir~,r,,o~o,^~; Michael A. Koch PART II - TO BE COMPLETED BY RECORDER Date of Insmtment Date of Recording Deed ~ Contract [] Book/I.D. Page~.D. City or Township DNR form (July 99) FILE WITH RECORDER (See Instruct/on #6)