Request to Vacate Liebe Street_Washington Street Portion2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Liebe Street and Washington Street
DATE: April 28, 2008
In response to a request from Dubuque Stamping & Manufacturing, City Engineer Gus
Psihoyos is recommending the vacation of portions of Liebe Street and Washington
Street. The abutting properties are owned by the corporate entities of Dubuque
Stamping & Manufacturing, R&S Realty, and C&K Realty. The City has no plans for the
utilization of Lot C and Lot D of Liebe's Subdivision No. 2 to be vacated, except for
reserving the utility easements as noted. City Engineer Gus Psihoyos is recommending
disposing of the property for the purchase price of $24,101 for Lot D and $300 for Lot C,
plus platting, publication and filing fees.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
/ ,
V ~~
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF D~-u,bu~~q,~u,,~e
All-Amfii~.i~
DUB E
~ -
Masterpiece on the Mississippi
~~
2007
TO: Michael C. Van Milligen, City Mana
FROM: Gus Psihoyos, City Engineer
SUBJECT: Liebe Street and Washington Street
DATE: April 28, 2008
INTRODUCTION
This is in response to a request from Dubuque Stamping & Manufacturing
(Dubuque Stamp) for the vacating of portions of Liebe Street and Washington
Street.
DISCUSSION
The attached plat shows the proposed portions of Liebe Street and Washington
Street to be vacated. The abutting properties are owned by the corporate entities
of Dubuque Stamping Manufacturing, R&S Realty, and C&K Realty.
The area to be vacated is divided into two lots numbered Lot C and Lot D of
Liebe's Subdivision No. 2. Lot C is a 119-foot section of Washington Street
which dead ends at Dubuque Stamp's building. Lot D is a 313-foot section of
Liebe Street which dead ends at property owned by the City and is used for a
portion of Heritage Trail. A portion of Lot D will be reserved for an easement for
an existing sanitary sewer. The existing watermain on Lot D will be abandoned
and used as a private service line for Dubuque Stamp's operations. Other
utilities have indicated they do not require easements across the areas to be
vacated.
The intersection of Liebe and Washington Streets will remain public right-of-way.
Drainage issues in this area will be resolved by reconstructing portions of the
curb and pavement.
The property has been valued at $1.54 per square foot. Dubuque Stamp
indicated they did not need Lot C or Washington Street but would purchase at a
nominal fee of $300. Lot D or Liebe Street was valued at $24,101, plus
conditions outlined in the attached December 18, 2007 letter.
RECOMMENDATION
The City has no plans for the utilization of Lot C and Lot D of Liebe's Subdivision
No. 2 to be vacated, except for reserving the utility easements as noted.
I would recommend that the areas indicated by Lot C and Lot D of Liebe's
Subdivision No. 2 on the attached plat be vacated, and that a public hearing be
held for the disposition of the City's interest in the subject area. I would further
recommend that the purchase price be established at $24,101 for Lot D and
$300 for Lot C, plus platting, publication and filing fees.
ACTION TO BE TAKEN
The attached plat and resolution should be submitted to the City Council for
consideration and approval along with the resolution disposing of the property for
the purchase price of $24,101 for Lot D and $300 for Lot C, plus platting,
publication, and filing fees.
Prepared by Ronald J. Turner, PLS
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO. 155-08
RESOLUTION APPROVING PLAT OF PROPOSED VACATED
PORTIONS OF LIEBE STREET AND WASHINGTON STREET
Whereas, there has been presented to the City Council of the City of
Dubuque, Iowa, a plat dated the 28th day of March, 2008, prepared by IIW
Engineers & Surveyors, PC describing the proposed vacated portions of Liebe
Street and Washington Street to be known as Lot C and Lot D of Liebe's
Subdivision No. 2 in the City of Dubuque, Dubuque County, 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 the 28th day of March, 2008, prepared by
IIW Engineers & Surveyors, PC 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. The City of Dubuque 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 an existing sanitary sewer, as shown on the plat of Lot D of Liebe's
Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa.
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 5th day of May
2008.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13~' Street, Dubuque, IA 52001 (563) 589-4270
Return to: Ronald J. Turner, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 156-08
RESOLUTION VACATING PORTIONS OF LIEBE STREET AND WASHINGTON
STREET
Whereas, Dubuque Stamping & Manufacturing, Inc. has requested the vacating
of portions of Liebe Street and Washington Street; and
Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the
City Council a plat showing the vacated portions of Liebe Street and Washington Street,
including platted streets and alleys, and assigned lot numbers thereto, which hereinafter
shall be known and described as Lot C and Lot D of Liebe's Subdivision No. 2 in the
City of Dubuque, Dubuque County, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has determined that
portions of Liebe Street. and Washington Street, are no longer required for public use,
and vacating of said portions of Liebe Street and Washington Street known as Lot C
and Lot D of Liebe's Subdivision in the City of Dubuque, Dubuque County, 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 Lots C and Lot D of Liebe's
Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa, be and the same is
hereby vacated.
Passed, approved and adopted this 5th day of May, 2008.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO. 157-08
RESOLUTION DISPOSING OF CITY INTEREST IN LOT C AND LOT D
OF LIEBE'S SUBDIVISION NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA
Whereas, pursuant to resolution and published notice of time and place of
hearing, published in the Telegraph Herald, a newspaper of general circulation
published in the City of Dubuque, Iowa on this 25th day of April , 2008,
the City Council of the City of Dubuque, Iowa met on the 5th day of
May 2008, 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 C and Lot D of Liebe's Subdivision 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
easement as noted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque real property described as
Lot C and Lot D of Liebe's Subdivision No. 2 in the City of Dubuque, Dubuque
County, Iowa, to C&K Realty be and the same is hereby approved for the sum of
$24,401.00, plus the cost of platting, publication, and filing fees. Conveyance
shall be by Quit Claim Deed.
Section 2. The City of Dubuque 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 an existing sanitary sewer, as shown on the plat of Lot D of Liebe's
Subdivision No. 2 by the City of Dubuque, Iowa.
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 C&K Realty 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 offices of the City Assessor,
Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 5th day or May, 2008. ~
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
PREPARED BY: IIW ENGINEERS & SURVEYORS P.C, 4155 PENNSYLVANIA AVE, DUBUQUE, IOWA, (563) 556-2464
PLAT OF SURVEY
LOT C, LIEBE'S SUBDIVISION N0. 2
IN THE CITY OF DUBUQUE, IOWA
~ \
POINT OF BEGINNING i ~ ~ ~~ LOT 10
~O ~
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LOT 5, M.L. 322 ,~O LOT 6 / <<~~
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NORTH 1 /2 ~~ ~ p ti / ~ `'~ ~ ~ \
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~ GRAPHIC SCALE LEGEND i /
0 50 100 PLAT BOUNDARY
~ FOUND 5/8" IRON ROD
NORTH 1 "=50' W/ CAP N0. 18128
FOUND 1 1 /4" PIPE
DRAWING MAY HAVE BEEN REDUCED ~ UNLESS NOTED
DESCRIPTION: THE VACATION OF A 50-FOOT WIDE ® FOUND NAIL WITH WASHER
PORTION OF WASHINGTON STREET LYING ADJACENT O SET 5/8" IRON ROD W/ CAP
TO LOTS 3 THRU 8 OF LIEBE'S SUBDIVISION N0. 2 N0. 12631 UNLESS NOTED
AND LOT 5 OF MINERAL LOT 322 IN THE CITY OF ROW RIGHT-OF-WAY
DUBUQUE, IOWA. ~ ) RECORD INFORMATION
NOTE
PROPRIETOR: CITY OF DUBUQUE THIS SURVEY IS SUBJECT TO EASEMENTS,
SURVEYED FOR: DUBUQUE STAMPING & MFG, INC. RESERVATIONS, RESTRICTIONS AND
DATE OF SURVEY: MARCH, 2008 RIGHTS-OF-WAY OF RECORD AND NOT OF
TOTAL AREA SURVEYED: 5992 SQ. FT. RECORD.
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Page 2 of 2
SURVEYOR'S CERTIFICATE
I, John M. Tranmer, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that the
following real estate was surveyed and platted by me or under my direct personal supervision, To Wit:
The vacation of a 50 foot wide portion of Washington Street lying adjacent to Lots 3 thru 8 of Liebe 's
Subdivision No. 2 and Lot 5 of Mineral Lot 322 i~z the City of Dubuque, Iowa.
This survey was performed for the purpose of subdividing and platting said real estate henceforth to be
known as Lot C of Liebe's Subdivision No. 2 in the City of Dubuque, Iowa, more particularly
described as follows:
Beginning at the northwest corner of Lot 6 of Liebe's Subdivision No. 2;
Thence South 34 degrees 38 minutes 00 seconds East, 119.74 feet along the westerly line of Lols 6 thru 8
of said Liebe's Subdivision No. 2;
Thence South 55 degrees 22 minutes 33 seconds West, 50.03 feet to a point on the easterly line of Lot 3
of said Liebe's Subdivision No. 2;
Thence North 34 degrees 38 muutes 00 seconds West, l 19.78 feet along the easterly line of Lots 3 thru 5
of said Liebe's Subdivision No. 2, to the northeast corner of said Lot 5;
Thence North 55 degrees 25 minutes 20 seconds East, 50.03 feet along the southerly line of Lot 5 of
Mineral Lot 322, to the point of beginning.
Containing 5,992 square feet, more or less, and subject to easements, reservations, restrictions, and rights-
of-way of record and not of record, the plat of which is attached hereto and made a part of this certificate.
OWNER'S CONSENT
Dubuque, Iowa
20_
The foregoing plat of Lot C of Liebe's Subdivision No. 2 in the City of Dubuque, Iowa, is made with the
free consent and in accordance with the desires of the undersigned owners and proprietors of said real
estate.
FOR THE CITY OF DUBUQUE, IOWA
By
Roy D. Buol, Mayor
State of Iowa )
ss:
County of Dubuque )
BY.
Jeanne F. Schneider, City Clerk
On this day of , 20 ,before me, a Notary Public in and for the County
of Dubuque and State of Iowa, personally appeared Roy D. Buol and Jeanne F. Schneider, to me
personally known who, being duly sworn did say that the said Roy D. Buol is Mayor and the said Jeanne
F. Schneider is City Clerk of the City of Dubuque, Iowa, and that the seal affixed to the above instrument
is the corporate seal of the City of Dubuque, Iowa, and that said instrument was signed and sealed on
behalf of the said City of Dubuque, Iowa, by authority of the City Council of said city, and the said Roy
D. Buol and Jeanne F. Schneider acknowledged the execution of said instrument to be the voluntary act
and deed of said City of Dubuque, Iowa, by it voluntarily executed..
Witness my hand and notarial seal on the date last above written.
Notary Public in the State of Iowa
My Commission Expires
CITY COUNCIL
Dubuque, Iowa
20_
The undersigned, Mayor and Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing plat
in the City of Dubuque, Iowa, has been filed in the office of the Clerk of the City of Dubuque, and that by
Resolution No. the Dubuque City Council approved said plat.
Roy D. Buol
Mayor of the City of Dubuque
Jeanne F. Schneider
Clerk of the City of Dubuque
COUNTY AUDITOR
Dubuque, Iowa , 20
The foregoing plat was entered of record in the office of the Dubuque County Auditor this
day of , 20
We approve of the subdivision name or title to be recorded.
Denise M. Dolan
Dubuque County Auditor
CITY ASSESSOR
Dubuque, Iowa , 20
The foregoing plat was entered of record in the office of the Dubuque City Assessor this
day of , 20
Richard A. Engelken
Dubuque City Assessor
RECORDER'S CERTIFICATE
Dubuque, Iowa
20_
The foregoing plat of Lot C of Liebe's Subdivision No. 2 in the City of Dubuque, Iowa, has been
reviewed. by the Dubuque County Recorder.
Kathy Flynn Thurlow
Dubuque County Recorder
PREPARED BY: IIW ENGINEERS & SURVEYORS P. C, 4155 PENNSYLVANIA AVE, DUBUQUE, IOWA, (563) 556-2464
PLAT OF SURVEY
LOT D, LIEBE'S SUBDIVISION N0. 2
IN THE CITY OF DUBUQUE, IOWA
POINT~OF BEGINNING-~
LOT 11 ~ ~ \ LOT 12
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LOT 6 Fp ~ ~0.
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LIEGE'S SUBDIVISION N0. 3
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LOT 2
LIEGE'S
SUBDIVISION N0. 3 ~
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DESCRIPTION: THE VACATION OF A 50-FOOT WIDE
PORTION OF LIEGE STREET LYING ADJACENT TO
LOTS A, B, 8, 9 & 12 OF LIEGE'S SUBDIVISION
N0. 2, LOTS 2 & 3 OF LIEBE'S SUBDIVISION N0.
3, AND LOT 1-6 OF MINERAL LOT 322 IN THE
CITY OF DUBUQUE, IOWA.
PROPRIETOR: CITY OF DUBUQUE
SURVEYED FOR: DUBUQUE STAMPING & MFG, INC.
DATE OF SURVEY: MARCH, 2008
TOTAL AREA SURVEYED: 15,678 SQ. FT.
NORTH
GRAPHIC SCALE
0 50 100
__~
1 "=50'
DRAWING MAY HAVE BEEN REDUCED
LEGEND
PLAT BOUNDARY
- - - EASEMENT PER THIS PLAT
FOUND 5/8" IRON ROD
~ W/ CAP N0. 12631
~ FOUND 1 1 /4" PIPE
UNLESS NOTED
® FOUND NAIL WITH WASHER
SET 5/8" IRON ROD W/ CAP
~ N0. 12631 UNLESS NOTED
ROW RIGHT-OF-WAY
RECORD INFORMATION
NOTE
THIS SURVEY IS SUBJECT TO EASEMENTS,
RESERVATIONS, RESTRICTIONS AND
RIGHTS-OF-WAY OF RECORD AND NOT OF
RECORD.
\`~U~~IIIIIIII//q~~ I HEREBY CERi1FY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED
~~`~~`\` ~ ,O, ~ ~W ~ //~~~~i~ DIRECT~PERSONALD SUPERVIS ONR ANDATHAT I AM A DUL M LICENSED LANDY IIW ENGINEERS &
~~ ~`~~ ~''~ SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. SURVEYORS, P.C.
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Page 2 of 2
SURVEYOR'S CERTIFICATE
I, John M. Tranmer, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that the
following real estate was surveyed and platted by me or under my direct personal supervision, To Wit:
The vacation of a 50 foot wide portion of Liebe Street lying adjacent to Lots A, I3, 8, 9 & 12 of Liebe 's
Subdivision No. 2, Lots 2 & 3 of Liebe's Subdivision No. 3, and Lol 1-6 of Mineral Lot 322 in the City of
Dubuque, Iowa.
This survey was performed for the purpose of subdividing and platting said real estate henceforth to be
known as Lot D of Liebe's Subdivision No. 2 in the City of Dubuque, Iowa, more particularly
described as follows:
Beginning at the southeast corner of Lot 12 of Liebe's Subdivision No. 2;
Thence South 34 degrees 26 minutes 56 seconds East, 50.06 feet along the westerly line of Lot 1-6 of
Mineral Lot 322, to the northeast corner of Lot 3 of Liebe's Subdivision No. 3;
Thence South 55 degrees 22 minutes 33 seconds West, 313.12 feet along the northerly line of Lots 2 & 3
of said Liebe's Subdivision No. 3;
Thence North 34 degrees 38 minutes 00 seconds West, 50.06 feet to a point on the southerly line of Lot 8
of Liebe's Subdivision No. 2;
Thence North 55 degrees 22 minutes 33 seconds East, 313.29 feet along the southerly line of Lots A, B,
8, 9 & 12 of said Liebe's Subdivision No. 2, to the point of beginning.
Containing 15,678 square feet, more or less, and subject to easements, reservations, restrictions, and
rights-of--way of record and not of record, the plat of which is attached hereto and made a part of this
certificate.
OWNER'S CONSENT
Dubuque, Iowa , 20
The foregoing plat of Lot D of Liebe's Subdivision No. 2 in the City of Dubuque, Iowa, is made with the
free consent and in accordance with the desires of the undersigned owners and proprietors of said real
estate.
FOR THE CITY OF DUBUQUE, IOWA
By
Roy D. Buol, Mayor
State of Iowa )
ss:
County of Dubuque )
By
Jeanne F. Schneider, City Clerk
On this day of , 20 ,before me, a Notary Public in and for the County
of Dubuque and State of Iowa, personally appeared Roy D. Buol and Jeanne F. Schneider, to me
personally known who, being duly sworn did say that the said Roy D. Buol is Mayor and the said Jeanne
F. Schneider is City Clerk of the City of Dubuque, Iowa, and that the seal affixed to the above instrument
is the corporate seal of the City of Dubuque, Iowa, and that said instrument was signed and sealed on
behalf of the said City of Dubuque, Iowa, by authority of the City Council of said city, and the said Roy
D. Buol and Jeanne F. Schneider acknowledged the execution of said instrument to be the voluntary act
and deed of said City of Dubuque, Iowa, by it voluntarily executed.
Witness my hand and notarial seal on the date last above written.
Notary Public in the State of Iowa
My Commission Expires
CITY COUNCIL
Dubuque, Iowa , 20
The undersigned, Mayor and Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing plat
in the City of Dubuque, Iowa, has been filed in the office of the Clerk of the City of Dubuque, and that by
Resolution No. the Dubuque City Council approved said plat.
Roy D. Buol
Mayor of the City of Dubuque
Jeanne F. Schneider
Clerk of the City of Dubuque
COUNTY AUDITOR
Dubuque, Iowa
20_
The foregoing plat was entered of record in the office of the Dubuque County Auditor this
day of , 20
We approve of the subdivision name or title to be recorded.
Denise M. Dolan
Dubuque County Auditor
CITY ASSESSOR
Dubuque, Iowa , 20
The foregoing plat was entered of record in the office of the Dubuque City Assessor this
day of , 20
Richard A. Engelken
Dubuque City Assessor
RECORDER'S CERTIFICATE
Dubuque, Iowa
20
The foregoing plat of Lot D of Liebe's Subdivision No. 2 in the City of Dubuque, Iowa, has been
reviewed by the Dubuque County Recorder.
Kathy Flynn Thurlow
Dubuque County Recorder
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA (563) 589-4270
Address Tax Statement: C&K Realty, 3110 Washington Street, Dubuque, IA 52001 (563) 583-5716
QUIT CLAIM DEED
The City of Dubuque, Iowa, a municipal corporation of Dubuque County, Iowa, for Twenty Four
Thousand Four Hundred One and 00/100 Dollars ($24,401.00), does hereby Quit Claim unto:
C&K Realty
3110 Washington Street
Dubuque, IA 52001
all its rights, title, and interest in the following described real estate situated in Dubuque County,
Iowa, to wit:
Lot C and Lot D of Liebe's Subdivision 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 sanitary sewer as shown on the Plat of Survey of Lot D of Liebe's
Subdivision 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 , 2008, the terms and conditions thereof, if any, having been fulfilled.
Signed this day of , 2008
CITY OF DUBUQUE, IOWA
By:
Roy D. Buol, Mayor
Attest:
By:
Jeanne F. Schneider, CMC, City Clerk
STATE OF IOWA )
ss
DUBUQUE COUNTY )
On this day of , 2008, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared Roy D. Buol 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
2008; and Roy D. Buol 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
TRANSFEROR Name Cit of Dubu ue
Address 50 W. 13th Street Dubu ue IA 52001
Number and Sveet or RR City, Town or P. o. tate Zip
TRANSFEREE Name C&K Realty
Address 3110 Washington Street Dubuaue IA 52001
Number and SVeet or Rli City, Town or P.O. [ate Zip
Address of Property Transferred NA
Num er an tree[ or RR rty, Town, or P. tare Zip
Legal Description of Property Lot C and Lot D of Liebe's Subdivision No 2 in the City of Dubuque Dubuaue Count 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.
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, 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 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)
X 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 rules.
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 described below.
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) is stated below. The known identifying information of the
decedent is stated below.
Information, if any, required by statements checked above:
Attachment for Additional Information? Y / N If so, number of pages
I HEREBY DECLA HA HE INFO M TION CONTAINED IN PART 1 OF THIS STATEMENT IS TRUE AND CORRECT.
Signature: Telephone Number: (563) 589-4270
rans er or gent s si oyos, rty ngmeer
PART II - TO BE COMPLETED BY RECORDER
Date of Instrument Book/LD. Page/LD.
Date of Recording
Deed ^ Contract ^ County
DNR form (November 02)
_ City or Township
FILE WITH RECORDER
542-0960
INSTRUCTIONS FOR COMPLETING GROUNDWATER HAZARD STATEMENT
The transferor of real property is required to complete Part I of this form.
The purpose of the statement is to satisfy legal requirements for filing
instruments of conveyance of real property with the county recorder (Iowa
Code Section 558.69). The Department of Natural Resources does not
approve or disapprove of property transfers 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 information from transferor to be correct.
For the most part the information requested is clear (name, address, etc.).
One statement under each of the numbered items (1, 2, 3, 4 and 5) must be
checked, and if one or more of the statements checked requires the
transferor to provide additional information, that information is to be
provided in part I. Relate the additional information to the specific
category of facility (well, etc.) by numbering it with the corresponding
number (1, 2, 3, 4, 5). If additional space is needed, type or print it legibly
on a sepazate sheet or sheets, complete the statements at the end of Part I
and attach the additional information to all copies of the form. When
describing the location of a facility on the property, be reasonably precise,
such as a specific distance and general direction from a landmazk or
corner of the property. A professional survey is not necessary. The
following definitions aze for use in completing the form.
1. Wells - A "well" is any excavation that is drilled, cored, bored,
augered, washed, driven, dug, jetted or otherwise constructed for
accessing groundwater or for diverting surface water into the ground,
including abandoned wells. "Well" does not include an open ditch or
drainage tiles which discharge to the surface.
If a 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. An
"abandoned well" is a well no longer in use or in such state of disrepair
that continued use is unsafe or impracticable. Abandoned wells aze to be
properly plugged in accordance with chapter 39 of the rules of the
Department of Natural Resources. (567 Iowa Administrative Code,
Chapter 39)
An "agricultural drainage well" is a well constructed for the purpose of
draining, or which drains, water from agricultural land to an aquifer
(underground), excluding drainage the intakes which outlet to the surface.
Agricultural drainage wells are required to be registered with the
department by September 30, 1988, and the owner of the well and of the
land drained by the well are to develop a plan proposing alternatives to the
use of the well by July 1, 1998 (See Iowa Code Section 159.29.)
2. Solid Waste - "Solid waste" means garbage, refuse, rubbish and other
similaz 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 waste has been disposed, whether or
not the disposal is or was regulated by the department.
If the transferor or agent has not received notice from the Department of
Natural Resources that the disposal site has been deemed to be potentially
hazardous, there is no duty to inquire to the department.
3. Hazardous Wastes - "Hazardous waste" is defined in Iowa Code
section 455B.411, 567-141.2 (455B), I.A.C., and federal regulations
referenced therein. It is generally defined as waste that poses a threat to
human health or the environment. It includes wastes which are ignitable,
corrosive, toxic, explosive, violently reactive, or specifically listed as
hazardous in the Code of Federal Regulations (40 CFR 261).
EXCLUDED are household wastes, agricultural wastes returned to the
soil as fertilizers or soil conditioners, agricultural chemicals applied or
disposed of by a farmer in accordance with the manufacturer's
instructions, triple-rinsed agricultural chemical containers disposed of by
farmers (where the rinsate is used as makeup water in the tankmix and
applied at appropriate rates), and other specific materials. Persons are
legally required to be aware of hazardous waste laws.
4. Underground Storage Tanks - "Underground storage tank" means
one or a combination of tanks, including underground piping connected
to the tanks, used to contain an accumulation of regulated substances,
and the volume of which is 10 percent or more beneath the surface of the
ground. "Regulated substances" include petroleum products and
hazazdous or toxic materials identified in 567--135.2(455B), I.A.C.
Underground storage tank does not include:
a. Farm or residential tanks of 1,100 gallons or less capacity used for
storing motor fuel for noncommercial 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. Aflow-through process tank.
h. A liquid trap or associated gathering lines directly related to oil or
gas production and gathering operations.
i. A tank in an underground area such as a basement or mine, if the
tank is on or above the surface of the floor.
j. Pipes connected to the above exclusions.
"Tank type" means the material of construction (steel, fiberglass
reinforced plastic [FRP], 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 all known identifying information of that decedent
including name, date of death, and date of birth.
6. Filing -The original of this form must be presented to the county
recorder when the document to be recorded is filed. The Recorder shall
forward the original to the transferee when the recorded instrument is
returned. The recorder is not required to keep any copies.
*Note The land application of sludges or soils resulting from the
remediation of underground storage tank releases accomplished in
compliance with Department of Natural Resources rules without a permit
is not required to be reported as the disposal of solid waste or hazardous
waste. (See Iowa Code Section 558.69)
DNR form (November 02) 543-0960