The URL can be used to link to this page

Vacating Petition for the Alley Between Main Street and Salina Street_SELCO, CW Wolff Copyright 2014 City of Dubuque Public Hearings # 3. ITEM TITLE: Vacating Petition for the Alley Between Main Street and Salina Street (SELCO) SUMMARY: Proof of publication on notice of public hearing to consider approval of a request by CW Wolff, LLC (SELCO) to vacate a portion of a 20-foot wide alley between Main Street and Salina Street which abuts the SELCO property at 15 S. Main Street and the City Manager recommending approval. RESOLUTION Vacating a portion of an alley between Main St. and Salina St. in Block 13 of Dubuque Harbor Company's Addition to be known as Lot 7A in Block 13 of Dubuque Harbor Company's Addition, in the City of Dubuque RESOLUTION Disposing of City Interest in Lot 7A in Block 13 Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type ❑ Vacating Petition-Alley between Main Street and Salina Street(SELCO} City Manager Memo MVM Memo ❑ Staff Memo Staff Memo ❑ Plat of Survey Supporting Documentation ❑ Vacating Resolution Resolutions ❑ Disposing Resolution Resolutions ❑ Selco offer to Buy Supporting Documentation ❑ SELCO Quit Claim Deed Supporting Documentation ❑ SELCO Groundwater Hazard Statement Supporting Documentation ❑ Proof of Publication Supporting Documentation THE CITY OF Dubuque U E I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Vacating Petition/Alley between Main Street and Salina Street (SELCO) DATE: June 29, 2015 A request has been received from CW Wolff LLC (SELCO) to vacate a 20 foot wide alley between Main Street and Salina Street which abuts the SELCO property at 15 S. Main Street. City Engineer Gus Psihoyos states that the City has no plans for the utilization of that portion of the alley and all local utility companies have been contracted and have no plans for the utilization of this alley area, therefore perpetual easement rights will not be reserved over the portion of vacated alley. The abutting properties on either side of the alley are both currently owned by SELCO and Crescent Electric. SELCO and Crescent Electric have come to an agreement on the method of vacating the adjacent alley. City Engineer Gus Psihoyos recommends approval of the request to vacate for a purchase price of $22,100, subject to the conditions of an Offer to Buy Real Estate and Acceptance between the City of Dubuque and CW Wolff LLC, plus $100 for platting, publication and filing fees. The Offer to Buy states: Buyer will secure a building permit and begin construction of an office/warehouse building and storage shed on the Real Estate within 24 months after the Closing. The storage shed must be fully enclosed on its west side. Buyer will pay Seller an additional $17,000.00 if a building permit has not been issued and construction commenced within 24 months after the Closing. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen' MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer 2 THE CITY Dubuque DUjIBQTE All•AmericaCitV � 1 Masterpiece on the Mississippi 2012 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Vacating Petition/Alley between Main St. and Salina St. (SELCO) DATE:June 18, 2015 INTRODUCTION This is in response to a request from CW Wolff LLC (SELCO)for the vacating of a 20 foot wide alley between Main St. and Salina St. in Block 13 of Dubuque Harbor Company's Addition which abuts the SELCO property at 15 S. Main Street. DISCUSSION The attached plat shows the alley area proposed to be vacated. The abutting properties on either side of the alley are both currently owned by either SELCO or Crescent Electric. SELCO and Crescent Electric have come to an agreement on the method for vacating the adjacent alley. The alley area to be vacated is described as Lot 7A of Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa. Perpetual easement rights will not be reserved over the portion of vacated alley. SELCO plans to construct a new building and storage area on its existing site. The vacating of this alley will facilitate the development of this site. SELCO and the City of Dubuque plan to execute an Offer to Buy Real Estate and Acceptance agreement where the City sells the vacated alley at a reduced rate if SELCO constructs the new office building and storage garages within two years of the vacation of the alley. The City has no plans for the utilization of the alley to be vacated. All local utility companies have been contacted and have no plans for the utilization of this alley area. RECOMMENDATION I am recommending the vacating and disposal of Lot 7A of Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa. ACTION TO BE TAKEN i The recommendation of the City Manager should be approved and that the vacating, and disposal of Lot 7A of Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa be approved through adoption of the enclosed resolutions. Prepared by Nate Kieffer, PLS 4 I i i Doc ID: 008261840006 Type: GEN Kind: SURVEY PLAT Recorded: 06/16/2015 at 04:22:01 PM Fee Amt: $32.00 Pape 1 of 6 DubuqueCounty Iowa John MurphyRecorder File2015-0000/7(�652 PREPARED BY: LAWRENCE A. BOYER L.S. 9761 WHKS & CO., 1701 ROUTE 35 NORTH, EAST DUBUQUE, IL 61025 (815) 747-8833 PLAT OF SURVEY LOTS 6A AND 7A IN BLOCK 13 IN DUBUQUE HARBOR CO'S ADDITION, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA FOR THE VACATION OF A PORTION OF THE EXISTING ALLEY IN BLOCK 13 IN DUBUQUE HARBOR CO'S ADDITION n m w n _ PRIMARYN ROAD US y DODGE 20 EAST BOUND STREET (64' IMDE) -'-'"- a PROJECTBRF CT -20-9(158 --38-31 - N'LY LINE T B BLOCK 13 -_.._.,,A �- -.►. LOT --- �P D S 83°49'39"E _ _S 86,20 50"E 23.08' 83°7'58"E 116.32' i1 N ELY CORNER LOT \` 116.32' �\ OF BLOCK ^^1 �,`�1`� `� NW'LY CORNER LOT \\` L 0 T 12A i�\/ .� 4A OF BLOCK 13 2 G �o 0. OA O a N A t^ y26 ti � O,A N �F rr LEGEND a SURVEYED BOUNDARY LINE.......... m�� O RECORD MEASUREMENT................. ( ) o�� CP r a �O FND 1/2" REBAR................................. 2� �a'� oo �,A N PLACED 5/8" REBAR W/ ALUM CAP...O 0°NER i Oil�y e6%Ns�1 � ,i ��off• / SURVEYED AREA coo`: LOT 6A...2,000 SQ FTsE -1 1 22� LOT 7A...8,531 SQ FT �\ v° 100 W 400 TOTAL....10,531 SQ FT G,��G SCALE: 1"=80' SURVEY REQUESTED BY: G�p,R10 4o CW WOLFF LLC t` I hereby certify t t this land surveying document was prepared and the related surveywork was performed b me or under m direct VAND.S��jpersonal supervision and that I am a duly licensed Land Surveyor ,,�� under the laws of the State of Iowa. v;-'LAWRENCE A.:o J' BOYER 9761 Lawrence A. Bo r ate 10 License number 9761. engineers+planners+land surveyors �i� '•......... ,�� My license renewal date is December 31, 2016 IOWA, o i; �� Date of Survey: June 4, 2015 Sheets covered by this seal: 1 and 2 of 2 PROJECT: 8128 _V D6 � SHEET 1 OF 2 LOTS 6A AND 7A OF BLOCK 13 IN DUBUQUE HARBOR CO'S ADDITION, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA DESCRIPTION OF SURVEY For the vacation of a portion of the existing alley in Block 13 in Dubuque Harbor Co's Addition in the City of Dubuque, Dubuque County, Iowa described as follows: Beginning at the Southwesterly corner of Lot 6 of Block 13 in Dubuque Harbor Co's Addition in the City of Dubuque, Dubuque County, Iowa; thence South 66 degrees 13 minutes 26 seconds West, 20.00 feet to the Southeasterly corner of Lot 7 of said Block 13; thence North 23 degrees 47 minutes 4 seconds West, 532.29 feet to the Northeasterly corner of Lot 12A of said Block 13; thence South 83 degrees 49 minutes 39 seconds East, 23.08 feet to the Northwesterly corner of Lot 4A of said Block 13; thence South 23 degrees 47 minutes 4 seconds East, 520.77 feet to the point of beginning; containing 10,531 square feet. Proprietors: CITY OF DUBUQUE, IOWA AJqZFC engineers+planners+land surveyors Project 8128 Sheet 2 of 2 LOTS 6A AND 7A OF BLOCK 13 IN DUBUQUE HARBOR CO'S ADDITION, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER'S CONSENT Dubuque, Iowa June 15 ,2015 The foregoing plat is made with free consent and in accordance with the desire of the undersigned owner and proprietor of said real estate. CITY OF DUBU UE, IOWA By: D Roy D. uol Mayor ATTEST: K in imstahl City Clerk NOTARY CERTIFICATE STATE OF IOWA ) } ss. COUNTY OF DUBUQUE } On this 15th day of June , 2015, before me a Notary Public in and for said County and said State, personally appeared Roy D. Buol and Kevin Firnstahl, 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; that said instrument was signed on behalf of said City of Dubuque by authority of Resolution No. 208-15 and that the said Roy D. Buol and Kevin Firnstahl as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. *0 EPAMELA J.WCARRON mission Nu bei 772419 Notary blic in the State of Iowa o omm.Exp.`t-5-2Dt Commi ion Expires: LOTS 6A AND 7A OF BLOCK 13 IN DUBUQUE HARBOR CO'S ADDITION, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA PLANNING SERVICES Dubuque, Iowa 03�4A C ,2015 The foregoing plat has been reviewed by the City Planner (or designee) of the City of Dubuque in accordance with Chapter 42 of the City of Dubuque Code of Ordinances, and said approval has been endorsed herein on the date first written above. By:Y Laura B. Carstens Planning Services Manager City of Dubuque, Iowa CITY ASSESSOR Dubuque, Iowa ,2015 The foregoing plat s entered of record in the office of the Dubuque City Assessor this �lC day of , 2015. ;gzv Q Rick Engelken Assessor of the City of Dubuque, Iowa COUNTY AUDITOR DUBUQUE, IOWA Lot to , 2015 The foregoing plat was entered of record in the Office of the DubuqueY Au'tl�tf�i�' �VA day of . 2015. ( ' b LQ We approve of the subdivision name or title to be recorded. {' Denise M. Dolor County Auditor'&, t rue, Iowa ,,^A Prepared by: Nate Kieffer.City of Dubuque.50 W.13"'Street,Dubuque,IA 52001 (563)589-4270 Return to: Nate Kieffer,City of Dubuque,50 W.13 Street,Dubuque,IA 52001 (563)589-4270 RESOLUTION NO. 208-15 RESOLUTION APPROVING PLAT OF PROPOSED VACATED ALLEY BETWEEN MAIN STREET AND SALINA STREET OF BLOCK 13 IN DUBUQUE HARBOR COM- PANY'S ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated June 5, 2015 prepared by WHKS & Co., describing the proposed vacated 20 foot wide alley between Main Street and Salina Street in Block 13 of Dubuque Har- bor Company's Addition, in the City of Dubuque, Iowa, to be known as Lot 6A and Lot 7A of Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa; 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 June 5, 2015 prepared by WHKS & Co., 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 for and on behalf of the City of Dubuque, Iowa. Section 2. 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 151h-day of June, 2015. - oy D. Buol, Mayor Attest: Keviri _. FIrnstahl, M ity Clerk 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. 208-15 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 15th day of June, 2015. .a Kevin Firnstahl, WC, City Clerk o ^ s 4 / Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 239-15 RESOLUTION VACATING A PORTION OF AN ALLEY BETWEEN MAIN ST. AND SALINA ST. IN BLOCK 13 OF DUBUQUE HARBOR COMPANY'S ADDITION TO BE KNOWN AS LOT 7A IN BLOCK 13 IN DUBUQUE HARBOR COMPANY'S ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, CW Wolff, LLC has requested the vacating of a portion of an alley between Main St. and Salina St. in Block 13 of Dubuque Harbor Company's Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the June 5, 2015 prepared by WHKS & Co., describing the proposed vacated 20 foot wide alley between Main Street and Salina Street in Block 13 of Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa; and Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this 19th day of June, 2015, the City Council of the City of Dubuque, Iowa met on the 6th day of July, 2015, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the proposed vacated portion of the 20 foot wide alley between Main Street and Salina Street in Block 13 of Dubuque Harbor Company's Addition to be known as Lot 7A of Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 7A of Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa, Dubuque County, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 6th day of July, 2015. Attest: Kevin . Firnstahl, CMC, City Clerk DL/ Roy D. Buol, Mayor Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 Returned to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. 240-15 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 7A IN BLOCK 13 IN DUBUQUE HARBOR COMPANY'S ADDITION, IN THE CITY OF 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 this 19th day of June, 2015, the City Council of the City of Dubuque, Iowa met on the 6th day of July, 2015, at 6:30 p.m. in the Historic Federal Building . Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 7A of Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa, Dubuque County, Iowa; and 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. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 7A of Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa, Dubuque County, Iowa, to CW Wolff, LLC be and the same is hereby approved for the sum of $22,000, subject to the conditions of an Offer To Buy Real Estate and Acceptance Agreement between the City and CW Wolff LLC, plus $100 for platting, publication, and filing fees. The City Manager is hereby authorized to execute and sign said Offer to Buy Real Estate and Acceptance Agreement. 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 CW Wolff, 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 6th day of July, 2015. Attest: R• D. Buol, Mayor 11111 11 11 11 11 11 11 11 Doc ID 008596410008 Type' GEN Kind: AGREEMENT Recorded: 02/23/2017 at 04:08:34 PM Fee Amt: $42.00 Page 1 of 8 Dubuque County Iowa John Murphy Recorder File 2017-00002118 Prepared by and Return to: Jeffrey A. Trannel, 1154 Iowa St., Dubuque, Iowa 52001; Phone: 563-557-7360 AMENDMENT TO AGREEMENT WHEREAS, the City of Dubuque, Iowa, as seller (hereinbelow the "City"), and CW Wolff, L.L.C., as buyer (hereinbelow "Wolff"), did enter into a certain "Offer to Buy Real Estate and Acceptance" (hereinafter referred to as the "Agreement") with acceptance date of July 7, 2015, providing for sale and purchase of: Lot 7A of Block 13 in Dubuque Harbor Company's Addition in the City of Dubuque, Iowa, Dubuque County, Iowa; and WHEREAS, closing of the aforedescribed sale and purchase occurred on or about February 2, 2016, and the City executed and delivered a Quit Claim Deed for the premises to Wolff, which Quit Claim Deed was dated July 6, 2015 and recorded on February 3, 2016 as Instrument No. 2016-1295 in the office of the Dubuque County Recorder; and WHEREAS, certain portions of the aforedescribed Agreement contained obligations, including development obligations, which were recited to survive closing and continue as effective obligations thereafter, being Sections 11.2, 11.3, 11.4, and 11.5(3)(b); and WHEREAS, Wolff now has arranged to sell the aforedescribed real estate, along with other contiguous real estate owned by Wolff; and the City and Wolff have agreed upon terms for transfer and assignment of amended development obligations; and the buyer of the property, Spahn & Rose Lumber Co., (hereinafter referred to as the "assignee") has agreed to be bound by and accept assignment of the development obligations which had been imposed upon Wolff by the Agreement, as those obligations are amended hereinbelow. NOWTHEREFORE, the undersigned parties do hereby agree as follows: 1. Section 11.2 of the Agreement is hereby stricken, and replaced with the following: "11.2 buyer's Assignee, Spahn & Rose Lumber Co.,, will secure a building permit and begin construction of an approximate 50,000 square foot, more or less, steel structure warehouse/storage building on one or more of the real estate parcels presently owned by Wolff and being sold to Assignee (which parcels include the parcel sold pursuant to the "Agreement") consistent with Exhibit B-1 attached, within 24 months following February 2, 2016. The plans and information attached as Exhibit B®1 are for illustrative purposes only and subject to change by Assignee at its sole and absolute discretion." 2. Section 11.3 of the Offer is hereby stricken, and replaced with the following: Any storage shed or building on the Real Estate must be fully enclosed (full height wall) on its west side.. 3. Section 11.4 of the Offer is hereby stricken, and replaced with the following: "11.4 CW Wolff, L.L.C.'s assignee as the successor in interest to title, Spahr & Rose Lumber Co.,, will pay the City of Dubuque, Iowa $17,000.00 (the difference between the purchase price of $2.60 per square foot for 8,500 square feet and seller's originally offered $4.60 per square foot for 8,500 square feet) if a building permit has not been issued and construction has not been commenced within 24 months following February 2, 2016. Such payment must be made on the first day of March, 2018." 4. The City hereby acknowledges that the covenant in Section 11.5(3)(b) of the Offer is no longer applicable, and said section 11.5(3)b no longer obligates any party to said agreement following the closing that occurred on February 2, 2016. 5. The City agrees and consents to assignment of the amended obligations described herein to Assignee, by the form of Assignment attached. Assignee agrees to accept said obligations when assigned by Wolff. This Amendment and the City's consent to the Assignment attached hereto shall be null and void in the event that Wolff does not sell and convey the property described above to the Assignee, with the amended obligations described herein assigned and accepted by the Assignee, on or before August 5, 2016. 2 Dated: i?•b 2.1 � '7 O E7 , STATE OF IOWA SS DUBUQUE COUNTY City of Dubuque, Iowa By: Michael C. VanMilligen, City Manager On this Zia' day of, 20 , before me, the undersigned, a Notary Public in and for said State, personally appe d Michael C. VanMilligen, to me personally known, who being by me duly sworn, did say that he is the City Manager of the City of Dubuque, Iowa, executing the within and foregoing instrument and acknowledging that he did so as his free and voluntary act. a. 0 ,""` MAUREEN A. CJUANN F'' ; Commission Number 769401 „.. My Comm. Exp. % 2 Notary Public for sai s State Dated: Aug 0 51" Z , 2016. CW Wolff - .L By: .0,407 Clark W. / rustee of sole Member- anager STATE OF IOWA SS DUBUQUE COUNTY On this 2 day of /Iv) tis 7" , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Clark W. Wolff, to me personally known, who being by me duly sworn, did say that he is the Trustee of the Clark W. Wolff Revocable Trust, sole member - manager of CW Wolff, LLC, that said instrument was signed on behalf of the company with all due authority; and acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the company, by it and by them voluntarily executed. JEFFREY A. m RAii 15,523R,Commission Nu My Comm, Exp. — /— L 1 7 3 -clor said State Dated: V 2. , 2016. v STATE OF IOWA DUBUQUE COUNTY 11 Spahn & Rose Lumber Co. By: Jo annan, 'resident Pure aser/Assignee from CW Wolff, L.L.C. On this day of / 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared John P Hannan, who being duly sworn, did say that he is the President of Spahn & Rose Lumber Co., the company executing the within and foregoing instrument; that said instrument was signed on behalf of the company with all due authority; and acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the company, by it and by them voluntarily executed. ., JEFFREY A. TRANNEL Commiselon Nuber 15523 My Comm, Exp, a — / cww assignmentjb 4 1%for said state "EXHIBIT B-1" PI iIILf 1 i1 iamtty 7 SW -0" 200°-0" crl'efitiape" 1 Kevin Firnstahl From:Maureen Quann Sent:Monday, March 06, 2017 9:21 AM To:Kevin Firnstahl Cc:Barry Lindahl; Tracey Stecklein Subject:RE: CW Wolff, LLC Amendment to Agreement - Recorded Attachments:Executed Assignment.pdf Kevin, For your reference, attached is a copy of the executed assignment that I received from Jeff Trannel. He cannot yet locate a recorded copy, but he provided us with this. Thanks, Maureen Maureen Quann Assistant City Attorney 300 Main Street, Suite 330 Dubuque, Iowa 52001 mquann@cityofdubuque.org Telephone: 563/589‐4381 Fax: 563/583‐1040 From: Kevin Firnstahl Sent: Monday, March 06, 2017 8:24 AM To: Maureen Quann <Mquann@cityofdubuque.org> Cc: Barry Lindahl <balesq@cityofdubuque.org>; Tracey Stecklein <Tsteckle@cityofdubuque.org> Subject: RE: CW Wolff, LLC Amendment to Agreement ‐ Recorded Thanks. We sent the bill to Jeff with a copy of the amendment. I’ve filed the original recorded amendment with original resolution 240‐15 disposing of property that includes the first offer to buy/agreement. Kevin From: Maureen Quann Sent: Friday, March 03, 2017 11:43 AM To: Kevin Firnstahl <Kfirnsta@cityofdubuque.org> Cc: Barry Lindahl <balesq@cityofdubuque.org>; Tracey Stecklein <Tsteckle@cityofdubuque.org> Subject: RE: CW Wolff, LLC Amendment to Agreement ‐ Recorded Yes, that is intentional and correct. Thanks. The bill can be sent to Jeff Trannel who is representing SELCO in this matter. Thanks! Maureen Quann Assistant City Attorney 300 Main Street, Suite 330 Dubuque, Iowa 52001 2 mquann@cityofdubuque.org Telephone: 563/589‐4381 Fax: 563/583‐1040 From: Kevin Firnstahl Sent: Friday, March 03, 2017 11:35 AM To: Maureen Quann <Mquann@cityofdubuque.org> Cc: Barry Lindahl <balesq@cityofdubuque.org>; Tracey Stecklein <Tsteckle@cityofdubuque.org> Subject: FW: CW Wolff, LLC Amendment to Agreement ‐ Recorded Maureen, I’m following up on this document. Barry has indicated the bill should go to CW Wolff / Selco. I also noticed that the Assignment is not complete. Is that intentional? Thank you, Kevin From: Kevin Firnstahl Sent: Tuesday, February 28, 2017 11:21 AM To: Tracey Stecklein <Tsteckle@cityofdubuque.org> Subject: CW Wolff, LLC Amendment to Agreement ‐ Recorded Am I to keep this original? Can you tell me what it might relate to? And why isn’t the assignment executed? Kevin Firnstahl, City Clerk City of Dubuque 50 W. 13th Street Dubuque, IA 52001 563‐589‐4100 kfirnsta@cityofdubuque.org OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: The City of Dubuque, Iowa, Seller: SECTION 1. REAL ESTATE DESCRIPTION. CW Wolff, LLC (Buyer) offers to buy real estate in Dubuque County, Iowa, described as follows: Vacated alley between Main and Salina North of Charter, as shown on Exhibit A with any easements and appurtenant servient estates, but subject to the following: a. any zoning and other ordinances; b. any covenants of record; c. any easements of record for public utilities, roads and highways designated the Real Estate; provided Buyer, on possession, is permitted to make the following use of the Real Estate: industrial. SECTION 2. PRICE. The purchase price is $22,100.00 ($2.60 per square foot for approximately 8,500 square feet), final purchase price to be determined by survey payable in cash at closing. SECTION 3. REAL ESTATE TAXES. Seller shall pay any unpaid real estate taxes payable in prior years. Buyer shall pay all subsequent real estate taxes. Any proration of real estate taxes on the Real Estate shall be based upon such taxes for the year currently payable unless the parties state otherwise. SECTION 4. POSSESSION. If Buyer timely performs all obligations, possession of the Real Estate shall be delivered to Buyer on or before September 1, 2015, or such other date as the parties agree in writing, with any adjustments of rent, insurance, and interest to be made as of the date of transfer of possession. SECTION 5. ABSTRACT AND TITLE. Seller shall, at Buyer's expense, promptly obtain an abstract of title to the Real Estate continued through the date of acceptance of this offer, and deliver it to Buyers for examination. It shall show merchantable title in Seller in conformity with this Contract, Iowa law and Title Standards of the Iowa State Bar Association. The abstract shall become the property of the Buyer when the purchase price is paid in full. Buyer shall pay the costs of any additional abstracting and title work due to any act or omission of Seller. SECTION 6. DEED. Upon payment of the purchase price, Seller shall convey the Real Estate to Buyers or their assignees, by Quit Claim Deed. SECTION 7. TIME IS OF THE ESSENCE. Time is of the essence in this Contract. SECTION 8. REMEDIES OF THE PARTIES 8.1. 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 060415bal days written notice of intention to accelerate the payment of the entire balance because of such failure (during which thirty 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. 8.2. If Seller fails to timely perform this Contract, Buyer has the right to have all payments made returned to them. 8.3. 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 9. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This Contract shall apply to and bind the successors in interest of the parties. SECTION 10. TIME FOR ACCEPTANCE. If this offer is not accepted by Buyer on or before May 26, 2015 it shall become void and all payments shall be repaid to the Sellers. SECTION 11. OTHER PROVISIONS. 11.1. Seller will take the necessary action required by law to vacate the Real Estate. All requirements of vacation shown on Exhibit C, including the cost surveying, platting, filing, and recording fees, are the responsibility of Buyer. 11.2. Buyer will secure a building permit and begin construction of an office/warehouse building and storage shed on the Real Estate consistent with Exhibit B within 24 months after the Closing. 11.3. The storage shed shown on Exhibit B must be fully enclosed (full height wall) on its west side. 11 .4. Buyer will pay Seller $17,000.00 (the difference between the Purchase Price of $2.60 per square foot for 8,500 square feet and Seller's originally offered $4.60 per square foot for 8,500 square feet) if a building permit has not been issued and construction commenced within 24 months after the Closing . Such payment must be made on the first day of the 25th month after the signing of this Contract. 11.5. Environmental Provisions. (1) Seller will provide Buyer with a properly executed Groundwater Hazard Statement showing no wells, solid waste disposal sites, hazardous wastes, underground storage tanks, private burial sites or private wastewater disposal systems on the Real Estate. (2) Following acceptance of this Offer, Buyer, its counsel, accountants, agents and other representatives, shall have full and continuing access to the 2 Real Estate and all parts thereof, upon reasonable notice to Seller, for the purpose of inspecting, surveying, engineering, test boring, performance of environmental tests and such other work as Buyer shall consider appropriate, provided that Buyer will 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 will have the further right to make such inquiries of governmental agencies and utility companies, etc. and to make such feasibility studies and analyses as Buyer considers appropriate. Seller agrees to cooperate with Buyer with respect to such inspecting, surveying, engineering, test boring, performance of environmental tests and such other work as Buyer shall consider appropriate, by providing such information, including documentary information, as Buyer may request and is within reasonable access to Seller. (3) For a period of 60 days after acceptance of this offer, Buyer will have the right to terminate this Contract if environmental issues exist on the Real Estate that Buyer determines in its sole discretion do not permit Buyer to use the Real Estate for its intended use, provided, however, that prior to terminating this Contract pursuant to this section, Buyer will give Seller written notice specifying such issues and notifying Seller of Buyer's intent to terminate. (a) If Seller elects to remediate, Seller will have a period of five (5) days after receipt of such notice in which to notify Buyer in writing that Seller will remedy the specified condition(s) of the Real Estate to the satisfaction of Buyer in its sole discretion, at Seller's sole cost. Seller will also include in its notice a description of the remediation action Seller intends to take, the standard to be applied to such remediation, and the schedule for such remediation. If Seller elects to remediate, Buyer will have ten days following receipt of Seller's notice to accept or reject such notice in Buyer's sole discretion. If Buyer elects to accept the notice, this Contract will not be terminated, but closing may be deferred pending completion of such remediation if Seller promptly undertakes remediation and pursues remediation with reasonable diligence, and provided Seller's notice shows that such remediation can be completed by not later than September 1, 2015. If all remediation is not completed by such date, Buyer may terminate this Contract. (b) If Seller elects not to remediate, Buyer may give written notice to Seller that it accepts the Real Estate "as is" and further agrees to defend, indemnify and hold Seller harmless from and against any and all claims of any kind arising out of or resulting from the condition of the Real Estate. 11.6. Notice. The following shall be used for purposes of providing written notice pursuant to this Contract. 3 City of Dubuque City Manager 50 West 13th Street Dubuque IA 52001 CW Wolff, LLC 15 South Main Street Dubuque IA 52001 11.7. This Contract is subject to final approval by the City Council. 11.8. The covenants in Sections 11.2, 11.3, 11.4, 11.5(3)(b) survive the closing. THIS OFFER IS ACCEPTED CITY OF DUBUQUE, IOWA, Seller CW WOLFF, LLC, Buyer Dated: 7/77 By Michael C. Van Mil!igen City Manager 4 Dated: By Clare' olff, Owner EXHIBIT A AREA MAP 5 zrr.:ct rr rx -DuB r Area Map Illt°ar Betriven Main and Salina North of Charter " - 4 1 5 } 4 AREA TO BEA VACATED -APPROX. 8,500 SF ,adg r IM yS� a YIM+It' " d s4 A Wxn �✓''r a • 1,'.. � Grp .+4 's' ��Fa+ �� "`i ,,..a' �� x.,� t•'h,.,�. �F4k,: � cop, /•f5i i�n,�if1 .,i i.d. �.:-_�••;_,i •�a fnu � -- -- N Map Pfaparsl by: .� 1 inch 100 feet q�r --- � �a+y�� t?, war avk3on ✓' � 87"bat 13th straw Dviim",.•- r""" 100 soO 100€e't hafw.uo loxes 8207! w.:ro..®u_.._., =.:iw�.'��•,i'� i�klopYS(663)8991274 ►ax:t583)59912a EXHIBIT B SITE PLAN 7 Ir } _. �,.. ._ ,.-_,., -}•-, ' jr s�,j-�:. ti r y`h k 4177 SSE SS 5 PLAMA SCHEMATIC c a 1 � ", ti - • LU E „ I N V t nAl t • r'.- � Y a, .. a Isat .,, ? 00 u rj� �LSTAd •-- -- i5s ... i ad'�' �-� 'f'_ -• _! me .... ssuo(wn c ` �ir'� may, �ll!'✓l1RlPlQ, NG.JY�. �. (I� w^ � ' �: ;t Fi l ' s i e u, tri•tr+ � - ._-...- . i j f ,• � '�'*'. • tom. ._ c�1 • (, 1' � i 1 C 6CUDbGkRh4I LCE,zti7 saEC °-Fr-� ar- •:+ t" )5P- i z • I L EXHIBIT C VACATING PROCEDURE 9 EXHIBIT C CITY OF DUBUQUE VACATING PROCEDURE The following procedure is used in the process of vacating an area of public right-of-way (streets or alleys) in the City of Dubuque, Iowa- 1- owa_1_ Submit a sketch of the proposed area to be vacated to the City Engineer's office_ 2_ The City Engineer's office will check for sewer and water utilities in the area and give a preliminary indication of whether the vacating is favorable or unfavorable. 3_ If a favorable condition exists, submit the request to vacate in writing to: The Honorable Mayor and City Council at 50 West 13'" Street, Dubuque, Iowa, with reasons for the proposed vacating and a sketch of the area to be vacated_ The Council will refer the proposed vacating request to City staff_ 4_ You must obtain the written consent of the abutting property owners of the proposed area to be vacated and any others affected by the proposed vacating, as determined by the City Engineer_ (You may want to consider this prior to submitting the letter to City Council.) 5_ The City will notify the utility companies of the proposed vacating and inquire of the need for easements. Petitioner may contact utility companies prior to this step if they desire_ The City may reserve an easement for any existing or proposed public or private utilities located within the proposed vacate area. This easement would preclude the placement of a building on the vacated right-of-way in order to allow for maintenance and construction of said utilities. 8_ The City may have an appraisal prepared for the property to determine the fair market value, or use an assessed value of adjacent land based on a price per square foot. The minimum purchase price is $300 to cover the cost of coordinating and processing the request through City Council. (You may obtain an independent appraisal at your expense, if you desire_) In addition, you would be responsible for paying publication and filing fees of $100 associated with the vacating process_ 7. A plat of survey must be prepared at your expense by a Licensed Land Surveyor_ This will show the boundaries of the proposed vacating and assign a legal description to the property. The plat should show the division of the right-of-way if it is to be split between other abutting property owners_ 8. Upon receipt of the plat of survey of the area proposed to be vacated, the request will be taken to the City Council to be set for a public hearing and formal approval. 9. After the public hearing approval by the City Council and receipt of the purchase price and publication of filing fees, the City will execute a Quit Claim Deed for the vacated property and record the deed_ '10. You can pick up the recorded Quit Claim Deed after it has been returned to the City Clerk's office at 50 W. 13"' Street from the County Recorder_ 10.13:08 10 Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 Return to: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 SPACE ABOVE THIS LINE FOR RECORDER Tax statement to: CW Wolff, LLC 15 South Main Street Dubuque, Iowa 52001 QUIT CLAIM DEED For the consideration of One Dollar and other valuable consideration, the City of Dubuque, Iowa does hereby Quit Claim to CW Wolff, LLC, all its right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa: Lot 7A in Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa Exempt: Iowa Code § 428A.2(6) Deed in which a political subdivision of the state of Iowa is the grantor Dated: July 6, 2015 Attest: CITY OF DUBUQUE, IOWA Roy D. B(, Mayor STATE OF IOWA, DUBUQUE COUNTY, ss: On this 6th day of July, 2015, before me a Notary Public in and for said County and said State, personally appeared Roy D. Buol and Kevin Firnstahl 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; that said instrument was signed on behalf of said City of Dubuque by authority of Resolution No. 240-15 and that the said Roy D. Buol and Kevin Firnstahl as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. PAMELA J. cCAARON Commission Number 772419 My Comm. EXp. —5— rl. ----IP C a illj CIO , Notary public REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name City of Dubuque, Iowa Address --50 West 13thStreet Dubuque Iowa -- 52001 Number and Street or RR City, Town or PO State Zip TRANSFEREE: Name CW Wolff, LLC Address 15 South Main Street Dubuque Iowa 52001 Number and Street or RR City, Town or PO State Zip Address of Property Transferred: N.A. Number and Street or RR City, Town or PO State Zip Legal Description of Property: (Attach if necessary) Lot 7A in Dubuque Harbor Company's Addition, City of Dubuque, Iowa 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) 0 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) 0 There is no known hazardous waste on this property. ❑ There is hazardous waste on this property and information related theretois provided in Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) Ej 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 18th 2012 cmz 5. Private Burial Site (check one) 0 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. O 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 sewagedisposal 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. ❑ There 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: Signature: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND, HAT -THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. (Transferor or Agent) Telephone No.: 563-589-4270 . FILE WITH RECORDER DNR Form 542-0960 July 18th 2012 cmz STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION i I, Suzanne Pike, a Billing Cleric for Woodward Communications, Inc., an Iowa corporation,publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: June 19, 2015, and for which the charge is $73.08. i Subscribed to before;:Notary Notary Public in and for Dubuque County, Iowa, this day of , 20 —6 Fotary Public in and for D uque County, Iowa. Qh�qAl M RY K.%%ESTER EVER Commission Number 954865 �tle� My Comer, Exp, FEB, 1.2017 CITY OF DUBUQUE, DUBUQUE,IOWA COMPANY'S ADDI- IOWAWhereas, ;Crescent TION,IN THE CITY OF OFFICIAL NOTICE Realty Realty Corpora DUBUQUE,IO.WA.. tion has requested the` PUBLIC NOTICE Whereas, CW Wolff,LLC has requested the q hereby given that the vacating and disposal vacating and disposal City Council of the City of the alley between of the alley. between of Dubuque, Iowa, will Main Street and Salina Main Street and Salina:: hold'a public hearing Street in Block 13 of- Street>in BIOck 13 of on the 6th day of,J ly, Dubuque Harbor Com=: Dubuque Harbor Com 2015 at 6:30 p.m.in the pany's Addition;and pany's Addition;and Historic Federal Build- Whereas,WHKS&Co. ing, 350 West Sixth has prepared and' Whereas,WHKS&Co.- submitted to the City, has prepared and Street, second floor, submitted to the City Dubuque, Iowa, at Council a plat°showing which meeting the City' the;proposed vacated Council a plat showing Council proposes to 20 ,foot wide alley, the proposed vacated dispose of r an interest between Main and 20 foot- wide alley in the following Salina Street in Block between Main and Company's Salina Street in Block described real property Dubuque Harbor by said to Crescent pany's Addition,in 13 of Dubuque Harbor! Realty Corporation the City of Dubuque,` Company's Additionjn (Crescent Electric)and Iowa and assigned lot the City of Dubuque, CW Wolff'LLC(SELCO): numbers thereto, Iowa and assigned lot Lots 6A and 7A-of I which hereinafter shall numbers rthereto, Block 13 in.Dubuque ,be ;known and des- which hereinafter shall Harbor =Company's cribed as Lot`6A and be known and, des- Addition,-in the City.of L6t7A of Block 13 in i cribed as Lot 6A and Dubuque, '..Iowa,,`(A ` Dubuque Harbor Com Lot 7A of Block, 13 in portion of a 20-foot-I pany's Addition, in the Dubuque Harbor Com wide alley between City of Dubuque,Iowa. pany's Addition, in the Main Street and Salina NOW THEREFORE,BE City of Dubuque,i)owa. Street) IT RESOLVED:BY THE NOW'THEREFORE, BE At'the meeting, the CITY COUNCIL OF THE IT RESOLVED BY THE City Council will I CITY, OF DUBUQUE, CITY COUNCIL;OF THE receive oral and writ- IOWA: CITY !OF DUBUQUE, ten comments from Section 1. That the IOWA:' any resident or City of Dubuque Section 1. That the property owner of said intends to vacate and City,of Dubuque in City to 'Ithe above dispose of its interest` tends .,to ••vacate and antion. Written com- in Lot 6A of Block 13 in dispose of its interest ments regarding the Dubuque Harbor Com in Lot 7A of Block 13 in Quque Harbor'Com above public hearing pang's Du Atldition, in the r, Com- May be submitted,to City Dubuque,Iowa. pang s Addition, in the the City.Clerk's Office, Section 2. That the , City of Dubuque Iowa. City Hall, 50 W. 13th conveyance of Lot 6A ection 2. Tnat the; Street, on or before of Block 13 in Dubuque con,eyance of Lot 7A` said -time of. public Harbor Company's Ad- of 816ck 13 in Dubuque hearin � dition, in thee. City of Harbor„ an Compys Ad- +Copies of supporting Dubuque, Iowa to dition, in the City of documents for the Crescent Realty Cor Dubuque, Iowa-to CW, poration be contingent Wolff '.LLC be con public hearings are on file in the City Clerk's upon the payment of tingent, upon the Office, and may .be $5,200, plus $100 for payment in the amount viewed during normal publication and filing of $22,000, subject to working hours. fees. the conditions of an Any visual or hearing Section 3. That the, Offer ,To Buy Real impaired,persons need- City Clerk be and is Estate and Acceptance Ing special assistance hereby authorized and ' Agreement between` or.persons with special directed' to cause a the City and CW Wolff notice of intent to LLC plus $100 for accessibility needs should contact the City platting, publication,vacate and dispose of s.d filing fee Clerk's Office at (563) said real estate to be anSection e That the 589-4100 or TTY (563) published in the manner as prescribed City Clerk be and is hours 75,at least he bylaw. hereby-authorized and hours prior to the passed,a roved and directed to cause' a meeting. pp notice- of intent to Dated this'19th day of adopted"this 15th day vacate and dispose to June,2015. ofluIy,2o15. said real-estateos be l Kevin S.Firnstahl, -'Roy v Buon S. Mayor published in the man CMC,City Clerk Attest:Kevin S. ner as prescribed by RESOLUTION Firnstahl,City Clerk law. NO.210=15 RESOLUTION passed,approved and RESOLUTION OF NO.269-15 15th day INTENT TO015 VACATE RESOLUTION OF adopted of June;2thisthls AND •DISPOSE OF INTENT TO VACATE CITY INTEREST IN AND DISPOSE OF Roy D.Buol,Mayor THE ALLEY BETWEEN CITY INTEREST IN Attest:Kevin S. MAIN STREET AND THE ALLEY BETWEEN Firnstahl,City Clerk SALINA STREET 'OF MAIN STREET AND It 6/19, BLOCK 13-11N DUBU- SALINA. STREET 'OF QUE HARBOR COM- BLOCK 13 IN DUBU- PANY'S ADDITION, QUE; HARBOR COM TO BE KNOWN AS PANY'S ADDITION,- 101J.�6A OF'"BLOCK 13 TO BE KNOWN AS IN APQ;UE HARBOR LOT 7A OF BLOCK 13 COMPANY'S ADDI- IN DUBUQUE HARBOR it TION,IN THE CITY OF II III 111111 11 III TO 1111111111111 Doc ID 008384420007 Type GEN Kind DEED WITH RESOLUTION Recorded: 02/03/2016 at 02:03:06 PM Fee Amt: $42.00 Page 1 of 7 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder File 2016-00001295 Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 Return to: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 SPACE ABOVE THIS LINE FOR RECORDER Tax statement to: CW Wolff, LLC 15 South Main Street Dubuque, Iowa 52001 QUIT CLAIM DEED For the consideration of One Dollar and other valuable consideration, the City of Dubuque, Iowa does hereby Quit Claim to CW Wolff, LLC, all its right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa: Lot 7A in Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa Exempt: Iowa Code § 428A2(6) Deed in which a political subdivision of the state of Iowa is the grantor Dated: July 6, 2015 Attest: or - Kevin Kevin ' rnstahl, City Clew CITY OF DUBUQUE, IOWA STATE OF IOWA, DUBUQUE COUNTY, ss: On this 6th day of July, 2015, before me a Notary Public in and for said County and said State, personally appeared Roy D. Buol and Kevin Firnstahl 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; that said instrument was signed on behalf of said City of Dubuque by authority of Resolution No. 240-15 and that the said Roy D. Buol and Kevin Firnstahl as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. PAMELA .3. McCARRON Commission Num or 772419 My Comm. Exp. -5- �J C� rYLQfiA , Notary public Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 Returned to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. 240-15 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 7A IN BLOCK 13 IN DUBUQUE. HARBOR COMPANY'S ADDITION, IN THE CITY OF 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 this 19th day of June, 2015, the City Council of the City of Dubuque, Iowa met on the 6th day of July, 2015, at 6:30 p.m. in the Historic Federal Building . Council Chambers (second floor), 350 West 6t' Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 7A. of Block 13 in . Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa, Dubuque County, Iowa; and 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. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 7A of Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa, Dubuque County, Iowa, to CW Wolff, LLC be and the same is hereby approved for the sum of $22,000, subject to the conditions of an Offer To Buy Real Estate and Acceptance Agreement between the City and CW Wolff LLC, plus $100 for platting, publication, and filing fees. The City Manager is hereby authorized to execute and sign said Offer to Buy Real Estate and Acceptance Agreement. 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 CW Wolff, 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 6th day of July, 2015. Li 95/ i Attest: Kevin . Firnstahl, MC, ity Clerk R 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. 240-15 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 7th day of July, 2015. Kevin S irnstahl, C C, Ci y Clerk r STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION K I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: June 19, 2015, and for which the charge is $73.08. Subscribed to before Notary Public in and for Dubuque County, Iowa, this /O day of , 20 Me . otary Public in and for D que County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FEB, 1, 2017 CITY OF pUBUQUE, ;P118000E; IOWA .- 1 COMP.Atjt.'S ..>_;;ADDI- • -.Wheraas, Crescent i DUBU IAi THOCITYOF IOWA. - DUBUQU 10411A, OFFICIAL NOTICE Realty Rejtt~ Corpora- Whereaas GW. Wolff, P 6116 NOTICE is tu3ri`ha Tequested the LLC has requested the hereby,. given that the Vacating and .tlisposal E My -Camel! of the City of= the:;;ail- y'::between { if .th ng_lley.arid b isposal ofiDubugUe;:lowa, will ,'Majn,.�6tr et and Salina ::of-the,,alley:betWeen • hold`_a:pubii6 hearing :Stre�eC;, rn ;•Qlock :13 of !, Main.SttQet-,arid'saiina oh,the 6th day of July, Dubuqu.e.Harbor Coin • DubupUie•-•Harbor pom- 2015.at 6130 p in. in the . ifarlY s Addiflon arida any s Additki and: Historic Federal Build Whbreas`WHKS & Co. P .ing; 35p; -:West.: sixth. teas '�'..pYeliared - -and Whereas; W KS & Co. Street °second. floor, submitted to the -City. has- • prepared , .and Dubuque; Iowa, • at Council a,plat showiilg'i submitted to the howiny which.ineeting the city they{proposed vacated Council a plat.show.,ing •CoOncll•'::proposes• to- ? .;':foot .;yJide: alley .• - the .proposed :vacated : d1s 9se of an: interest between foam and 20 foot wide alley ' top the ' following Sailna Street In Block between Maio .and described real property 13'of D4buque Harbor Salina Street in Block :by sale tb Crescent :COltpatiY's Addition,'in , 13 opany's gue•.Harbor -Re,alty Corporation ..the: "City ,-of .Dubuque, : t e GItY' J. 0ubun;uer (Crescent Electric) and nu abedd?a"ssignje -lo, :` lowa;and"assigne1 lot' GW Wolff LLC (SELCO): m v nujnbers _thereto Lots' 6A -arid .7A of which hereinafter shall which hereinaftth.shall be -'known'• -and-des- . des- . :Block :13'".. -Dubuque; -,.., IN -knoyiiil . ad: des Harbor...":Company's crlbed:as.Lot 6A'and •' crlbed as Lot ---..6A, and: Addlfion, in the City of• •'Lot74- of BI9ck 13 in .Dubuque Iowa; (A • D'ub6gUe Harbdr CON- bubuq of hr.ck .13. in •portion, of a. 20 -foot- . paiJYis Addtl9n In the Dubuque Ha(bor: Com - wide.. alley, . between ., it}' of pubbique, Iowa, Pants Addition, in the Main; Street=and Salina OW Trj,REFORE;' BE : City.of Dufiuque, Iowa. -Street) , • IT "RESOLVED BY THE : N01 SOL EREFORE, BE ' .At'the:ineetirig, the . CIT:3COUNCIL:-OF THE ; ITT"RESOLVED,.BY"T,HE City ., ,,Council Will -. CITY; 'OF DUBUQUE, i - DTV. C OFNCDIJe DUBUQUE, THE receive oral and writ- : IOWA; .-- i • ten -'comments from Section -J.. That -the IOWA;.,.:.: • . city.. ;Of Dubuque - Section 1. That the any ' resident said eri :• Cityof- Dubuque sin- property'o' eer-of . • Lnfends°to vacate .and : teds ;.to vacate -:and City : to: ;the above ..• aisposg uf. its, interest ' disPose of :its ;interest action: Written tern- in,Lot-6Akof,13iock:13;in InLot7A ofBiocke .3 in ments • regarding • the . Dubuque Harbor Com- `. Dudpgie Narliorcom= • abdYe •.public&: -hearing :..:pangs•Addition, in the : pariys,;Additioor•-. the may be :submitted to : Crty ofbulluque, Iowa,.. City of Dilbuque, Iowa. : the City;cierk's Office, ; Section 2 That the Section .2. That the, City Nall; 50 W. -13th conveyance of Lot 6A ;• conve anoe bThat- he Stree, ori or before .003160.10:?,in•Duhuque ;; df Block 13 in DubG;que said •,',110.1.e".sof public Harbor Company's 'Ad ffitibn i �the•City of ,• Harker in thohy;s'(1d- heCopes of supporting -.DUquque1 ' ,Iowa•'°to i Dt gyel'Jbwa. foyQW :deci n -01N: for the . .Crescent ;.Realty ;Cor- a Con- potatfdrt`be:coiitlugent W9�ff`• ....-,o "the public hearings: are on file 16 tip City'Clerk's office;°,;anii may be viewed during - normal working hours. Any :visual or hearing impairedppersons need - {ng Special assistance or' dersetts with special • acresibllity needs should contact the city aid eat esta an fthnlfP. • Clerks ":Office :at (563) , .:aa ..f ,. ,teto be 3 Section.3 Th°at the i 589-4 0o or TTY (563) : `published'; :. m"--' .the i ... • 69I36671.3 . at least . A8 •)tanner a•s prescribed City. Clerk of and 'td=, hours:•::prior. ;to the b.Y lad+; hereby agthorl ed add meetigg.; .' •: Passed,=app.rovedi and •..directedi. . _to..cat se a Datet1 thts Ioth.day of su0pted f hfs 15th day Vacate And disppse of June,. 2015. •'ofJdly M-5 Rd}rp..Buol,iMayor p0bIisea_ estate to :be Kevin s. firnsfahl, . •-Attest-110h5. published -In' the {han r :CMG, City:Clerk . FirnstahJ, City Clerk tier. as prescribed by • RESOLUTION R SOL iAw• X10.21015 z f1 3 ,LtIT SN•=r :. .. Passed:.apprpked'and , XIESOLUTION •OF RESQLUTION -.OF adopted>t(ils• 15th'iday - If5N TO VACATE . of Julie, 2015. ' AND ' Di$FOSE " '-1:1F. INTi�NT TO 'VACATE • . •RoyD Buoh Mayor, CITY IIITEREST IN AND LIISPOSE "OF Attest Ke'dn S THE ALLEY Bt"i1MEEN C11}( INTEREKT : IN plrnsta i CityCIerlc MAIPI"` STREET' ;Afro THE ...4.1,141'13, ETWEEN h SALiNA..'STREET jOF .;MAIN;STRET "AND 1.6/19 . uporl;.th�e .payme�it,':of I tinge) •PP. P-: 16',--209,,-_:i phis $1-00 -far , of Uzi ogo,•}sul JectUto fees,cation• and filing I fees,, ---• Ion• • the: conditlonsi:of ,.an 5ectipni3.'That the 1 Offer :f6 •Buy ;Real C1ty::Clek be and. is kstate;arid Acceptance ,•`herebynptherized and .:Agf rile. Lt ,: betwe.e -ditected '.to cause.. a the Cit} and .CW Wolff : `iiot{de sof • intent.: to ': LLC; ".gids ',$ M0 .~for; •, vdoate and dispose of p"1?J1g PU6lication, 1 BLOEK 13:AN DUBE,- •:SAI:INA ;..II`IREET;OF Q1IE';IIARBOR.'OOM :BI"S-4,;3:IN':.15.1 ,�1: PANYSS" �•'�ADbITibN • �4LlEkXt7iRBOf2�CO�- To :BE, :KNOWN :As : PA !!S•rr?ADDITION; Lb -, .4?F.;'BCOCK• 13 +TO`=.BE.;KNOWN 'AS 1N t 0. • E H/I RBOR LOT. 7A1, Q%: BLOCK n3 CO.MPAtt S - ;'ADbi- °iil:bunUQUE HARBOR TION, IN THE CITY OF "' III 111111 III IIIII II 11111111 111111111 IIIII IIIII I III IIIII IIII Il In I lIIl Doc ID 008384430002 Type GWH Kind Recorded:UO2/03/201NDWATER 6ZatD02:03:32 PM Fee Amt: $0.00 Pape 1 of 2 Dubuque County Iowa John Murphy Recorder File 2016-00000151 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name City of Dubuque, Iowa Address 50 West. 13th Street Dubuque Iowa 52001 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name CW Wolff, LLC Address 15 South Main Street Dubuque Iowa 52001 Number and Street or RR Address of Property Transferred: N/A City, Town or P.O. State Zip Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) Lot 7A in Block 13 in Dubuque Harbor Company's Addition, in the City ofDubuque, Iowa 1. Wells (check one) X 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) X 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) X 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) X 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. X 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. There 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: I HEREBY DEC RE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND TH 1 HE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: rens eror or Agent) FILE WITH RECORDER Telephone No.: (563) 589-4110 DNR form 542-0960 (July 18, 2012) lIIII IIIII111II IIIII IIIII IIIII IIIII I lIl I111111II1 IIIII IIII 1111 Doc ID 008384440005 Type GEN Kind RESOLUTION Recorded: 02/03/2016 at 02:06:53 PM Fee Amt: $27.00 Page 1 of 5 Dubuque County Iowa John Murphy Recorder File 2016-00001296 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 239-15 RESOLUTION VACATING A PORTION OF AN ALLEY BETWEEN MAIN ST. AND SAUNA ST. IN BLOCK 13 OF DUBUQUE HARBOR COMPANY'S ADDITION TO BE KNOWN AS LOT 7A. IN BLOCK 13 IN DUBUQUE HARBOR COMPANY'S ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, CW Wolff, LLC has requested the vacating of a portion of an alley between Main St. and Salina St. in Block 13 of Dubuque Harbor Company's Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the June 5, 2015 prepared by WHKS & Co., describing the proposed vacated 20 foot wide alley between Main Street and Salina Street in Block 13 of Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa; and Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this 19th day of June, 2015, the City Council of the City of Dubuque, Iowa met on the 6th day of July, 2015, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the proposed vacated portion of the 20 foot wide alley between Main Street and Salina Street in Block 13 of Dubuque Harbor Company's Addition to be known as Lot 7A of Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 7A of Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa, Dubuque County, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 6th day of July, 2015. CO-. Roy D. Buol, Mayor Attest: Kevin . Firnstahl, CM City Clerk 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. do further state that the hereto attached Resolution No. 239-15 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 7th day of July, 2015. Alb K: in Firnsta I, CM `, City Clerk STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: June 19, 2015, and for which the charge is $73.08. Subscribed to before Notary Public in and for Dubuque County, Iowa, this /q day of �, , 20 /jam . otary Public in and for D :uque County, Iowa. MARY K, WESTERMEYEF1 Commission Number 154885 My Comm. Exp. FEB, 1, 2017 • .CITY OF DUBUQUE, ; . DUPUQUE, IOWA COMPANY'S • . :ADD I - :IOWA -,Tot hereas;. Crescent 1. TION; iN TILE •CITY OF OFFICIAL NOTICE Rf�1 Realty Corpora- DUBUQUE,, IOWA.: PUBLIC NOTICE is t(btl as requested the Whereas cW Wolff, . hereby'given that the :•;iacatirig : nd :disposal LLC.;i)as requested the City,Couricil of the City of, thret alley between i vacating and :disposal of D4bughe, Iowa, will. 'Ma1n Stpeet and Salina of the Iley, Between holdsa;fiubhc hearing .S reet 1n .Block.13 of MainSS}reet and Salina on th :6th'day of July, - Dubuc(ue Harbor Com- street:,'i . 'Blopk 13 of 2015:at 6;30. p.m. in the. Pany's Agdltion; and • Dubuque :Harbor, Corn- Hist9ricFederal Build- Wer AS', 5NHK5 & Co.' :.Pang's Addition; and. • ing, ..350:;•West :-Sixth . •I'has'.z prepared -- and ,.::.Whereas; WHKS & Co. "Street second - fioor, - sdbniitted -to :the. •elty has prepared and Dubuque, Iowa, at •'collPe a"plats{hoWlri submitted ,to::the , City wh..ioh,ineeting the City ; the=,p"roposed: vacated • Council a plat showing ; Council • proposes to ; • 20'-'10 •t=i, wide ' alley .- the .proposed vacated dispose' of An .interest PetWeeh`' ' Matn ;And -:20 .foot;.wide alley in' the . following `Salina;Street in .Block between.: Main and desctjbe'd_real property 13 iif• Dubuque Harbor • Salina Street hi. Block .by..sale,. to 'Crescent , Cordpany's •Addition, in .i3 of ,Dubuque Harbor Realty Corporation the. fifty °ot Dubuque, ' • Company Addition,' in (Crescent Electric) and ioWa'sind;:assigiied lot the City Of. Dubuque, i CW Wolff LLC (SELCO): numbers'. -'C thereto, _ .Iowa and assigned lot •=• • L01s fiA and 7A of •:which herelhafter shall numbers,.: _ ' :thereto, Block' 13 in Dubuque' .be': }in'e?yn'' and . des- . which hereinaftet•shall , Harliiir'.' ,.Company's cribed as: Lot .5A' and ;, be. known. and Iles Addition, in the City of I Utz, : of:,.Block• 13 • in cribed os 'Let .6A and Dubuque,."Iowa, ' (A. D11bttiue.Harbor Com Lof 7A :of :.Block 13 in port(oq`of..a .20 -foot- pariys;Adilition,•Iri'the pubuque;_Flarbor Com wide' .alley: between 'City of Dubdque;.lo."wa. Penys'Addition, .in the Main Street and Salina NPW THEREFORE;'BE ' City. of.Dubudue;•Iowa. 'Street) IT RESOLVED BY THE :' NOIN THEREFORE, BE At'-the.•rneeting, :the CITY..COUNCIL OF•THE ; i7>RESQLVED• 8Y THE City', .:'Council - will , CITY DF v, DUBUQUE CITY COUNCIL OF THE receive' oral -and writ- 1.pwAi-:> _ CITY'.; OF ::DUBUQUE, . ten = comments from Spction 1. -That the IOWA: any .`.:-resident • orCity' '•.of Dubuque !. Section :1. That the properfy'Wner of said . ' intends,.o..vacate.and ; City 'of Dubuque .in . City' to • the above dispposesof its interest .. tends, to vacate and acti'df ...Written cam- IPLot-6A`of Block 13 in ' dispose of its interest meritsregarding the . Dulayque;'.Flarbor eom in LoE 7A of Block 13 in abo$e public hearing • pany'S. Addition, In the ' Dubuque Harbof `Com may • be:'subinitted to , 'City.pf Dubuque, Iowa. . pang's Addjtign,.in the the City Clerk's Office, . `se trek '2. That - the '' City of Dubuque; fnwa. City Hall, 50'W. 13th eOriVeyance`,of Lot 6A',, Section..2.'That'the of:Block-t3;ln DubuqueeonVeyahce of_.Lot.7A Hari)or.Company's Ad- 'Crf Fjlock 1 ln. Dubuque ,ditlorir: in the City .6f Harbbor Company's Ad• - Dub(Y(0.6; ., lova to clition, . in, the. _City ' of Cresoeft: ,Realty Cor- Dubuque, lowa'to,CW potat[on:b:d:contingent Wolff :LLC''be. -.con- file in.the Cityclerk's u on:.the.:,payment'-bf , tingent, upon :: the Office' "and .ma be 559:4:plu's 5100''for ' paymentlnthe:anieunt. viewed during normal PubJlcation` and .filing 0f $22,000, subject to working hours. fees I the conditions ..of- ;an • Any visual or hearing , ' ' 'Section •3. That the • Offer To Bqy_ .Real lmpajredpersons.need- City.,1:,Clerk-be and'is Estate and Abceptance: :Ing :special assistance ;-heirek'.yauthbriz0d and °'.Agreement.: between. Qr persons with special .dlrect}ed ., to: cause 74 the City and CW.1Nolff, : accetsib111ty needs •hotice of Intent .to LLD `:plus $100: for should'oiintact the City ',Vacate_ and dispose .of platting, .. publication, I Clerk's •Office'.at••(563) ' =sai.d �real-:estate to be , • and filing fees;..' 589.4100 or TTY (563) �Ptbllsshed: In the , Settii7fl 3. That the I 690.6678 at-least'48 mannet, es prescribed is City • Cletk, be and is Hours • •prior .to .the, y -7a 1; t hereby authorized:arld meeting:;':;` •!Passed,approvedand . .three ted to'cause.:a-: -adopted,this 15th' day . . Street;' -..on or , before -sold time`' of public hearing - ' Copies of supporting doCurhents for• the public 'hear)ngs''are on Dated thIs 19th day of une, . _ of July; 2015- • . v.aeate .antl'••dispose of said real eskate to .be hetice . oj'" Intent,.td.: •J 2015 •Kevin 5. Firnstahl, CMC, City Clerk `RESOLUTION N0.210-15 ..•,:.RESOLUTION OF INTENT:'TO VACATE AND `.DISPOSE OF CITY *.INTEREST:• .IN.• l'HE ALLEY ;BETWEEN MAIN':''; STREET _ AND = THE'ALLEY,BET. VEEN :SALiNA';::STREET,-.OF ..MAIN ;.:'STREET.,':AND BLOCK 13'HN: Neu- :SAtINA ..rSTREET;tOF QUE`• HARBOR: ;COM. ; BLOCK;r1.,3 JH':pUBU- PANYlS'- ADDITIONS .QUE HARBOR ICOM. TO BE., KNOWN:' AS 'PA:.N ,.S ��1DDITION, LO. 0,� BLOCK }3 TOt ,KPI;O,WR:.'AS IN DA U.E HARB3 R' :LOl;T .OF.BLOCK 13 COMPA ,:5 ADD[ iN;DUOUQUE'HARBOR TION; IN.THE CITY.OF ''1 d'D: Buol; Mayor Attest'Ke Firhstahl, Cityy Clerk RESOLL)TION '449.10;15 ' .:.' RESOLUTION..OF iNTEITT `I'O VACATE AND;, .DISPOSE. OF CITY; ":INTEREST •;IN published°lntli¢; rnan- ner' :as prescrliied :by "Passed approved and iidopted this, 15th day ofidne 2015 Roy D 1301, Mayor, , Attest: Kevin S. ; , a: Firnstahi, City Clerk • • 1t 6/19....,