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Greater Downtown Urban Renewal District - Amendment_ Ordinance Correction Copyrighted April 17, 2017 City of Dubuque Action Items # 3. ITEM TITLE: Greater Downtown Urban Renewal District Amendment- Ordinance Correction SUMMARY: City Manager recommending approval of an ordinance correcting the legal description in the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District adopted March 6, 2017. ORDINANCE Correcting and amending Ordinance No. 6- 17, Providing that general property taxes levied and collected each year on all Property Located within the Greater Downtown Urban Renewal District of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other Taxing Districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type Greater Downtown Urban Renewal District Corrected City Manager Memo Ordinance-MVM Memo Staff Memo Staff Memo Corrected Ordinance Ordinance Suggested Motion Wording Supporting Documentation THE CITY OF Dubuque DUB E i" Masterpiece on the Mississippi 2007.2012.2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Corrected Legal Description for Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District DATE: April 10, 2017 Economic Development Director Maurice Jones recommends City Council approval of an Ordinance correcting the legal description in the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District adopted March 6, 2017. 1 concur with the recommendation and respectfully request Mayor and City Council approval. ZIA-z k�4 6&-zn' Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Maurice Jones, Economic Development Director Dubuque Economic Development Department THE CITY OF 50 West 13th Street All-AmMmIily Dubuque,Iowa 52001-4864 DUB3 &kE1 I Office(563)589-4393 TTY(563)690-6678 ® http://www.cityofdubuque.org Masterpiece on the Mississippi 200.2012.2013 TO: Michael Van Milligen, City Manager FROM: Maurice Jones, Economic Development Director SUBJECT: Corrected Legal Description for Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District DATE: April 5, 2017 INTRODUCTION The purpose of this memorandum is to forward for City Council review and approval an Ordinance correcting the legal description in the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District adopted March 6, 2017. BACKGROUND The Greater Downtown Urban Renewal District was originally established in 1967. It has been amended and restated on several occasions over the years to expand the boundaries to assist with redevelopment efforts of multiple key landmark buildings and areas in the city's urban core. DISCUSSION After holding a public hearing on March 6, 2017, City Council reviewed and approved Resolution 90-17 and Ordinance 6-17 which updated the Greater Downtown Urban Renewal District by adding land and updating project details. Subsequently, the documents were forwarded to the County Auditor, where staff identified a scrivener's error in the legal description. The legal description included in the Urban Renewal Plan and the Ordinance each omitted a reference to a "#2" in describing two of the subareas of the District. The attached Ordinance corrects and amends the scrivener's error in Ordinance 6-17 by updating the legal description for the Industrial Harbor Subarea and the 15th Street Subarea. RECOMMENDATION/ ACTION STEP I recommend that the attached Ordinance correcting the scrivener's error in the description of the Industrial Harbor Subarea and 15th Street Subarea be adopted in order to support reinvestment efforts in the District. Prepared by Jill Connors. Economic Development. 50 W. 13th St.. Dubuque. IA 52001. 563-589-4393 Return to Kevin Firnstahl, City Clerk, 50 W. 13th St., Dubuque, IA 52001, 563-589-4100 ORDINANCE NO. 6-17-A AN ORDINANCE CORRECTING AND AMENDING ORDINANCE NO. 6-17, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT OF THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT WHEREAS, by Resolution No. 90-17, adopted March 6, 2017, this Council found and determined that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Amended and Restated Urban Renewal Plan (the "Urban Renewal Plan") for the Greater Downtown Urban Renewal District (the "Urban Renewal District" or "District") described therein; and WHEREAS, the Urban Renewal Plan approved and adopted by Resolution No. 90-17 contained a scrivener's error in the legal descriptions of the Industrial Harbor Subarea and the 15th Street Subarea; and WHEREAS, Ordinance No. 6-17 regarding the general property taxes levied and collected with the Urban Renewal District also contained a scrivener's error in the legal descriptions of the Industrial Harbor Subarea and the 15th Street Subarea and this amending ordinance is intended to correct said errors. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1: That the legal description of the property located within the Industrial Harbor Subarea of the Urban Renewal District and set forth in Section 1(p) of Ordinance No. 6-17 is hereby corrected and amended to read as follows: (p) Industrial Harbor Subarea of the district shall include that area generally bounded by the following description: Commencing as a point of reference at the intersection of the centerline of E. 12th Street and the westerly right of way of Elm Street extended southeasterly, in the City of Dubuque, Dubuque County, Iowa, said point being the point of beginning; Thence northwesterly along said westerly right of way line of Elm Street and extension thereof to a point of intersection with the northerly right of way line of E. Fifteenth Street; Thence northeasterly along said northerly right of way line to a point of intersection with the westerly right of way line of a public alley Tying between Pine Street and Maple Street; Thence northwesterly along said westerly right of way line to the northeast corner of the North 35 feet of Lot 255 in East Dubuque Addition # 2; Thence southwesterly along the northwesterly line of said Lot to a point of intersection with the easterly right of way line of Pine Street; Thence northwesterly along said easterly right of way line and extension thereof to the northerly right of way line of E. 16th Street; Thence northeasterly along said northerly right of way line to the southwest corner of Lot 1 of Kerper Industrial Park; Thence northwesterly and continuing northeasterly along the westerly line of said Lot 1 to the most northerly corner thereof; Thence southwesterly along the westerly lines of Lot 1-2 and Lot 2A of Kerper Industrial Park to the southwest corner of said Lot 2A; Thence northeasterly along the southerly line of said Lot 2A to the southeast corner thereof; Thence northwesterly along the easterly line of said Lot 2A to the southwest corner of Lot 6 of Kerper Industrial Park; Thence northeasterly along the southerly line of said Lot 6 to the southeast corner thereof; Thence northwesterly along the easterly line of said Lot 6 to the northeast corner thereof and point of intersection with the southerly right of way line of Kerper Court; Thence northeasterly along said southerly right of way line and extension thereof to a point of intersection with the centerline of Kerper Blvd; Thence northwesterly along said centerline to a point of intersection with the northerly line of Lot 3 of Kerper Industrial Park extended easterly; Thence northwesterly along said extended line to the northeast corner of said Lot 3, said point also being on the westerly right of way line of Kerper Blvd.; Thence northerly along said right of way line to a point of intersection with the northeasterly right of way line of Fengler St.; Thence southeasterly along the extension of said northeasterly right of way line crossing Kerper Blvd. to a point of intersection with the westerly line of Lot 1A of Block 7 River Front Subdivision No. 3, said point being on the easterly right of way line of Kerper Blvd.; Thence southeasterly along said easterly right of way line to a point of intersection with the northerly right of way line of E. 16th Street; Thence southeasterly crossing E. 16th Street to a point of intersection of the south right of way line of E. 16th St. and the east right of way line of Kerper Blvd.; Thence northeasterly along the southerly right of way line of E. 16th St. to a point of intersection with the westerly shore of Pebsta Channel; Thence southeasterly continuing along the westerly shore of Mississippi River adjacent to the following: Kerper Blvd., River Front Subdivision No. 2, Part of Government Lot 3, Section 19, T89N, R3E, 5th P.M., Parts of Congressional Lot 8 in Section 19, T89N, R3E, 5th P.M, Dubuque Harbor Improvement Company's Addition, and River Front Subdivision No. 1, to a point of intersection with the northerly line of Ice Harbor Urban Renewal Subarea B, described as "that area generally bounded on the north and west by the Chicago, Central and Pacific Railroad right-of-way, on the south by the northerly boundary of Subarea A and on the east by the municipal limits of the City of Dubuque including any adjoining public right-of-way; Thence northwesterly and continuing southwesterly along the northerly and westerly sides of Ice Harbor Urban Renewal District Subarea B to a point of intersection with the southerly right of way line of E. 4th street; Thence southwesterly along said southerly right of way line to a point of intersection with the centerline of U.S. Highways 61/151; Thence northeasterly along said centerline to a point of intersection with the centerline of E. 12th Street; Thence southwesterly along said centerline to a point of intersection with the westerly right of way line of Elm St. extended, said point being the point of beginning; Excepting therefrom, the East 7th Street Subarea. Section 2. That the legal description of the property located within the 1 5th Street Subarea of the Urban Renewal District and set forth in Section 1(bb) of Ordinance No. 6- 17 is hereby corrected and amended to read as follows: (bb) 15th Street Subarea of the district shall include that area generally bounded by the following description: Beginning at the intersection of the northerly right of way line of East 15th Street and the easterly right of way line of Elm Street in the City of Dubuque, Dubuque County, Iowa; Thence northeasterly along the northerly right of way line of East 15th Street to a point of intersection with the westerly right of way line of a public alley lying between Pine Street and Maple Street; Thence northwesterly along said westerly right of way line to the northeast corner of the North 35 feet of Lot 255 in East Dubuque Addition # 2; Thence southwesterly along the northwesterly line of said Lot to a point of intersection with the easterly right of way line of Pine Street; Thence northwesterly along said easterly right of way line to the southerly right of way line of E. 16th Street; Thence southwesterly along said southerly right of way line to a point of intersection with the easterly right of way line of Elm Street; Thence southeasterly along said easterly right of way line to a point of intersection with the northerly right of way line of E. 15th Street, said point being the point of beginning. Section 3. That all other provisions of Ordinance No. 6-17 not affected or otherwise revised by this Ordinance No. 6-17-A, as well as all ordinances previously adopted by this City Council related to the Urban Renewal Plan be and the same are hereby ratified, confirmed and approved in all respects. Section 4. That if any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 5. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 6. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed, approved and adopted this 17th day of April, 2017. Roy D. Buol, Mayor ATTEST: Kevi S. Firnstahl, bity Clerk Kevin Firnstahl From:Kevin Firnstahl Sent:Wednesday, April 19, 2017 1:35 PM To:denise.dolan@dubuquecounty.us Cc:Mary Habel; Jill Connors; Cynthia Kramer Subject:Urban Renewal Correcting Resolutions and Ordinances Attachments:Greater Downtown UR Correcting Resolution and Ordinance.pdf; South Pointe UR Correcting Resolution and Ordinance.pdf; Derby Grange Rd UR Correcting Resolution and Ordinance.pdf Hi Denise, Attached are copies of the Resolutions Nunc Pro Tunc and related ordinances correcting the legal descriptions for the following Urban Renewal Areas. Greater Downtown UR Area South Pointe UR Area Derby Grange Road UR Area. I will drop off certified hard copies when I bring the ordinances down for recording – most likely on Thursday. Please contact me if you have questions or difficulty with the attachments. Thank you. Kevin Firnstahl, City Clerk City of Dubuque th 50 W. 13 Street Dubuque, IA 52001 563-589-4100 kfirnsta@cityofdubuque.org 1 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: April 21, 2017, and for which the charge is $97.66. -Pdize Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this / day of _ , 20 /7 . q. otary Public in and for Dubuque County, Iowa. MARY K WESTERMEYER • • Commission Number 154885 My Commission Exp. Feb. 1, 2020 'right _of way line 'of E. • westerly along . Said - 16th' Street; , .Thence - , westerly, right of way northeasterly along , line to the northeast said- northerly right 'of .corner of the .North 35 way. line' •.to,,; ; the feet of Lot 255. in East southwest : corner of DulieqOei Addition # 2; Lot 1+of-Ker0er Indus-_ Thence•;;southwes$terly trial Park;'..:; Thence, along,-,the.;;iiorthivest- northwestei;ly,and con-'_;-Said ofaaid Lotto a • finning northeasterly:.::point', 0finintersectlon-': elebdthe°westerly,:line with =the'-easterlyright (ofitaid'•- Lot. %1,::to: the ,of wayaiUnez(of. Pine - most northerly- corner -Street; Thence''north--- thereof; Thence south- .westerly along Said - westerly along" ',the ., easterly right • of way .' westerly,lines-of Lot 1- - line to -the' southerly. 2 and' Lot- 2A ef-kerper - -right ,of[.;way 'line of E. .Industrial- Park.'to,'the; •16tlj,'�-Street;",fTherice southwest' corner.".-`of southwesterly.,!:' along--i 'said Lot• -2A; Thence'.;, saidsoutherly''right of -northeasterly alongthe : • Way,line: to_a. pojnt.of southerly sline of sai''d:'••intersectionwith ;the Lot 2A to: the southeast • .:easterly.' right of away; . corner thereof;'Thenc e" ••jiheof. ,Elm ; Street;" • northwesterly. ,along . Thence- ;southeasterly the easterrlydine'of-Said • ':along 6= '=said:.• easterly Lot •,2•Ato;the • south- righty;of,;way;-bine to a west corrierofbot f point, of intersection .;Kerner Industrial Pafk with the northerly: right :Thence-:-,.northeasterly; , of;y� ay.,_:line 'of'E..15th ,`, along the southerlytijhe Street said. pointbejng of., said - Lot 6 to 'the thgoint of beginning: southeast cornerlthere- Section 3. 'That;'all of; Thence "northwest- .other '.provisions of i erly.along"the, easterly Ordinance No.,6-17'not line. of.'said,Let 6:to-the. - affected ' or. `otherwise northeast corner they - revised by: this, Ordi- eof andy_ point of -• Hance No ° 6-17-A,' as ' iritersection' with " the - well :as lalrerdinances southerjy right of-way, reVioLisly adopted by - . - OFFICIAL-; linI�e of Keeper Court this :City Council re- PUBLICATION Thence -n`oitheastel-ly fated-to the Urban-, • ORDINANCE NO:6.17-A along- ;said; southerly. Renewal Plan be and AN ORDINANCE right of ,\lay, line "'and , - the'same are'hereby CORRECTING! -- AND' -:extension•thereof to a -ratified; cohfi'r.'med and ' AMENDING • 'ORDI- point of : intersection approved in-:all and NANCE < NO . 6=17, with the .centerline, of spects ' PROVIDING' THAT .-Kerper, ,Blvd Thence 'Section4Thatif.any , GENERAL PROPERTY northwesterly along Section prow sion. or TAXES LEVIED AND ,said centerline to a part.`of this-.ordinance.' COLLECTED', .EACH.,.. point, of,_jintersection •' 'shall- be adjudged YEAR ' ON, ''!,-"ALL ,,Withthe. ho_rtherly:'line invalid .or urtconstitu-.; PROPERTY 'LOCATED of Lot. 3 of kerper. `tionaj, such `adjudica- WITHIN • THE GREAT ' Ihdustrial -Park' extend-- . tion shall hot affect the . ER DOWNTOWN, UR- 'ed -easterly :,.hence validity;., of _-the-,'ordi BAN RENEWAL,:<DIS- .northwesterly,- :..along .. Hance :or. any.: section, TRIO TH .OF E - CITY said-extended,line:;to, ;-provision .>. 'or • —part -' 'OF DUBUQUE, COUN- - the ,n ertheast corner'of ' '=thereof ,_not adjudged TY '• "•OF>` DUBUQUE, said Lot 3, "said':point: invalid-s_or:' unconsti- STATE OF IOWA;' BY also being ,. on:,, the;; `_tutionals'a'.-;-:. ' ; AND •-. FOR THE • westerly right -of way Section 5: That all BENEFIT OF ''THE-- .line,,•of ,Kerper!lBlVd ,',ordinances• or parts`of, STATE: OF IOWA, CITY "Thence:northerly along. '-.'ordiriances• in conflict .; OF-DUBUQUE, COUN Saidright herewith, be rand the. TYOF DUBUQUE,-, a,point-of intersection -same are' , hereby DUBUQUE COMMUN.; :with t he northeasterly , ' -repealed-t0' the, extent - -ITY.'-SCHOOL''DIS right:of;w,ay• line of .,of,such,conflict.:- -i TRICT;.= AND:: OTHER Fengler•:;• St.; Thence Section 6, This Ordf- TAXING. DISTRICTS, 'southeasterly. • :along nance shah,-be-in effect BE- PAID . 'TOA the extension of said -after :its final: assage SPECIALFUND -FOR n 'ortheasterly right of apbto_ val and ."p ublica- PAYMENT, :OF PRIN-, ;Way, _Brie: :-crossing_: tiom-as. provided 'by0 CIPALAND` INTEREST kerper BlVd, to a' point law: • . ON LOANS, i MONIES ' of intersection with the .Passed, approved and ADVANCED. TO =AND .westerly lineof Lot 1A 'adopted this 17th day' INDEBTEDNESS, , IN-, of Bleck`7 .River Front of April, 2017. '.— CLUDINR":' -s-"BONDS _--SubdiVision;;ldo.;3,,.said:-- 's/Roy D: BuoIMa_yor, ISSUED -OR; TO - BE Point..., being -on the Attest: is/Kevin S. ISSUED, INCURRED easterly' right of way.?" _Firnstahl, City Clerk BY -; SAID.' 'CITY--.,,!IN line of ; Real Lapapproved TN,, R 893E; .5th P.M. •, .aild ado te'd, by Reso, t Parts of Congressional.' I f ioh„No 90 1T: -con -} -Lot 8 in ;:.Section; 11, gained a scrivener s T89NE R3E ” 5th P.M, [error -+; in the ;legal - Dubuque ktHarbor Im descriptions of "the proeer ent Company's., rlri ustrial Harbor"Sub- Addition, `;;;and`:-.:.Riyerr ;i pal;ea;, _•and; the;'c;15th, `Fr ntSubdiyision.No 1, StieetSubarea,and toa att, of WHEREAS, Ordinanceintersection :with the :,, No. 6-17.regardhig:the, rfortherly``firjg;`of, lce general iproperty, taxes arbor Urban Renewal IeVied and collected -Subarea B-3,descrjbed ;wlth;the Urban Renew-=• , a'sl.ahat;area=;generally' al plstrict also'.con :bounded oh'the'north tamed `"a . scrivener's and. " west ,by • the error:`: in "the•':Iegal " Chicago, "Central, and descriptions":;; of ,.-the Pacific.. Railroad right- Iniiustrial',Harbor. Sub-. ' of -way, on the south by area and,the " 15th , ., the northerly boundary Street Subarea and. this:; of Subarea ;'A Land on amending' ordinance is the .;east '"by • the intended to ,co'rrecf .municipal "limits..of the , said errors; . `- "' City ..of ' Dubuque in - NOW, THEREFORE, BE ,_cluding `any, adjoining l i" IT :ORDAINEDY;` -: BiTjiE' `: public _"s,;:right of -way;' -9 CITY,".,;000NCIL';1-OF : Thence `,northwesterly DUBUQUE, IOWA:",'' . and' continuing south= Section 1:..That.the:'\ westerly,.... along i the legal description of the northerly and westerly 'property located within . sides' of • Ice Harbor the • Industrial, Harbor Urban Renewal District Subarea of the Urban Subarea WO point of Renewal District and intersection, with the 'set forth in 't Section southerly_right_ of way 1(p) of, Ordinance NVo.6- line of E. 4th street; 17 is hereby corrected Thence` southwesterly and ,amended to read along said southerly as follows:'r:! right of Way" .Ijrie to a (p):,Industrial. Har- point, of` -:intersection "bor.:, Subarea -of the .with the' centerline of ,district"'shall include- . US., Highways; 61/151; -that.area-generally ..Thence. northeasterly, bounded by the. ,ifol= .` along `said Centerline to ; lowing. " description: ',a pointof intersection Commencing as a point;;.. with".the,",centerline of of reference at7the::.E.-12th Street; Thence intersection;• --of 'r^;.the' southwesterly",._:along ,cehterline<:of:E 12th, .said; centerline • to a G!;: -Street and,the westerly,• : point , of,, intersection right; 'of EIm"'with the Westerly right Street extended south; of way;line.;of EIM St. easterly,: in the,City.;of";extended,'':said,,:poiht Dubuque Dubuque, =being the 'point t of County =loWa .''said beginning ", .rEkcepting is point being,the=`point.of "therefrom; the,East.7th l beginning; Thence Street Subarea northwesterly ''along ttectitiii 2. That the • said wgsterly right of legal description of the wayllneof. Elm Street,property,�locatedwithin l and extension thereof .ttie,'15th Street Sub - .a' point': of ,i'nter- "`"afea <of:-. the`: Urban . section " with .; the " Renewal District and " northerly; right, of Way"': Set, forth `in.'.Section line..,of:;. E.,, Fifteenth. 1(bb) of OrdinanceNo; Street; • Thence=:north` 6=17 is hereby coir- easterly, •along: 'said "-eCted and amended "'to • Inortherly,.right of way read as follows: point ;of- (bb)15th Street (Ijntersection with: the, area of the district wet,er)y right of way ude:-that-area i line,.o_ f a: public' alley . geperaily bounded; by" lying : ':between Pine the following descrip=, Street :'.,,and ;Maple ;bon:- Beginning at the, Street; Thence. north intersection:.:. of ; the westerly along;: said northerly right of way westerly". right of Way line`of East;15th Street line .to.,:the northeast "and the ;easterly right cornei'_;of:the: North;35 . of ,-way .hqe • of Elm feet',of,Lot,255,in East_. Street.in'.the City' of Dubuque: Addition #' 2; tt. Dubuque "'Dubuque Thence ',southwesterly:- County, Iowa;; along' the northwest- Thence -northeasterly erly lige of said Lot to a ,along the northerly point ofintersection right of way line of .with the' easterly: right, East 15th' Street to a of.. way' line. of . Pine point of, intersection Street;" Thence north- with the westerly right Westerly alongsaid of way line of:.a public easterly, right of way alley;` lying '..'between line and extension Pine' Street and Maple thereof to the northerly' Street; Thence north - right of way line.'of E.• Westerly along said 16th Street; Thence ,westerly right of way northeasterly • along , : line to the northeast said' northerly right of corner of the North 35 way ` line -_ .to the,-- feet of Lot, 255'in East