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Intent to Dispose of City Property/ Exchange Agreement_Creek Wood Park_Reimer_Initiate Copyrighted June 19, 2017 City of Dubuque Items to be set for Public Hearing # 1. ITEM TITLE: Intent to Dispose of City Property/ Exchange Agreement- Creek Wood Park SUMMARY: City Manager recommending that the City Council set a public hearing for July 5, 2017, on the disposal of City property at and next to Creek Wood Park. RESOLUTION Intent to dispose of an interest in City of Dubuque real estate located along Creek Wood Drive pursuant to a Property Exchange Agreement between the City of Dubuque and Jeff and Jill Reimer and fixing the date for a public hearing and providing for the publication of notice thereof SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for July 5, 2017 ATTACHMENTS: Description Type Disposition of Property at Creek Wood Park-MVM City Manager Memo Memo Staff Memo Resolutions Resolution Resolutions Plat of Survey Supporting Document Supporting Documentation THE CITY OF Dubuque fta B E I 11p y Masterpiece 012 the Mississippi 2007.2012«2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Setting Public Hearing to Dispose of City Property At and Next to Creek Wood Park DATE: June 12, 2017 The land for Creek Wood Park was donated for the purpose of developing a park. The existing overhead utility lines over the property created an issue for placement of a playground under them. Developer Marty McNamer is willing to donate an additional lot next to the current Creek Wood Park location. Between the current park lot and the proposed additional lot there is an approximately 50' access to the property to the south owned by Jeff and Jill Reimer. The Reimers graciously agreed to a property exchange. This exchange would mean the two city lots become connected as one continuous piece versus having 50' of private property between the two park lots. Subsequent to this exchange a Council item will be prepared regarding the donation of the lot from the Developer. City Engineer Gus Psihoyos recommends the City Council set a public hearing for July 5, 2017, on the disposal of City property at and next to Creek Wood Park. I concur with the recommendation and respectfully request Mayor and City Council approval. VW4 Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer 2 THE CITY OF Dubuque DUB E Afl AmeIcaCitY � I � T Masterpiece oti the Mississippi 200-'•2012.2013 TO: Michael C. Van Milligen, City Manager i FROM: Gus Psihoyos, City Engineer SUBJECT: Setting Public Hearing to Dispose of City Property At and Next to Creek Wood Park DATE: May 26, 2017 INTRODUCTION The purpose of this memorandum is to request City Council approval of a resolution setting a public hearing for the disposal of City property at and next to Creek Wood Park. BACKGROUND The land for Creek Wood Park was donated for the purpose of developing a park. The existing overhead utility lines over the property created an issue for placement of a playground under them. Developer Marty McNamer is willing to donate an additional lot next to the current Creek Wood Park location. Between the current park lot and the proposed additional lot there is an approximately 50' access to the property to the south. This access is owned by Jeff and Jill Reimer. The Reimers graciously agreed to a property exchange. This exchange would mean the two city lots become connected as one continuous piece versus having 50' of private property between the two park lots. Subsequent to this exchange a Council item will be prepared regarding the donation of the lot from the Developer. DISCUSSION In accordance with the Property Exchange Agreement, the existing park property needs to be divided via a simple division plat. The platting of the park area has been coordinated with Jeff and Jill Reimer. The City of Dubuque Engineering Department has prepared the attached simple division plat. Lot 1-2 of Timber-Hyrst Place # 2 will be conveyed to Jeff and Jill Reimer as the first step in the Property Exchange Agreement. RECOMMENDATION I am recommending that the area indicated by Lot 1-2 of Timber Hyrst Place # 2, in the City of Dubuque, Iowa as shown on the attached plat be conveyed to Jeff and Jill Reimer, and that a public hearing be set for the disposition of the City's interest in the subject area on July 5, 2017. ACTION TO BE TAKEN I respectfully request that a public hearing should be held on the disposal of the property through adoption of the enclosed resolution. Prepared by Nate Kieffer, PLS 2 RESOLUTION NO. 219-17 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE LOCATED ALONG CREEK WOOD DRIVE PURSUANT TO A PROPERTY EXCHANGE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND JEFF AND JILL REIMER AND FIXING THE DATE FOR A PUBLIC HEARING AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property); Lot 2 of Timber-Hyrst Place # 2 in the City of Dubuque, Iowa; and Whereas, City and Jeff and Jill Reimer (Reimers) have entered into a Property Exchange Agreement (the Agreement), to facilitate construction of Creek Wood Park in Timber Hyrst Subdivision; and Whereas, the City Council has approved said Property Exchange Agreement by Resolution No. 137-17 and the Mayor has executed said agreement on behalf of the City; and Whereas, the City of Dubuque Engineering Department has prepared and submitted to the City Council a plat showing the proposed division of Lot 2 of Timber-Hyrst Place # 2, in the City of Dubuque, Iowa and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 1-2 and Lot 2-2 of Timber-Hyrst Place # 2, in the City of Dubuque, Iowa. Whereas, the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot 1-2 of Timber Hyrst Place # 2, in the City of Dubuque, Iowa by deed to Jeff and Jill Reimer pursuant to the executed Property Exchange Agreement attached hereto. Section 2. The City Clerk is hereby authorized and directed to cause a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing -described Property, to be held on the 5th day of July, 2017, at 6:00 p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa. Section 3. The City Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting on the disposal of the City's interest in the Property. Section 4. That the notice of the proposed action shall be in substantially the form attached hereto. Attest: Passed, approved and adopted this 19th day of June, 2017, Kevin 5. irnstah , CM , City Clerk 0 9 Roy D. Buol, Mayor NOTICE OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE PURSUANT TO A PROPERTY EXCHANGE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND JEFF AND JILL REIMER PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will hold a public hearing on the 5th day of July, 2017, at 6:00 p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th St., Dubuque, Iowa, at which meeting the City Council proposes to take action on the intent to dispose of an interest in City of Dubuque real estate, described as Lot 1-2 of Timber-Hyrst Place # 2 in the City of Dubuque, Iowa pursuant to a Property Exchange Agreement (the Agreement) between the City of Dubuque and Jeff and Jill Reimer. The property exchange is being done to facilitate construction of Creek Wood Park in Timber Hyrst Subdivision. At the meeting, the City Council will receive oral and written objections from any resident or property owner of said City to the above action. After all objections have been received and considered, the City Council may at this meeting or at any adjournment thereof, approve the sale of the above-described Property to Dubuque County. Dated this day of , 2017. Kevin S. Firnstahl City Clerk of Dubuque, Iowa 3 Reserved for Recorder INDEX LEGEND: LOCATION: LOT 2 TIMBER-HYRST PLACE#2 IN THE CITY OF DUBUQUE, IOWA REQUESTOR: CITY OF DUBUQUE PROPRIETOR: CITY OF DUBUQUE SURVEYOR: RUSSELL N. KIEFFER SURVEYOR COMPANY: CITY OF DUBUQUE RETURN TO: RUSSELL N. KIEFFER CITY OF DUBUQUE 50 WEST 13TH ST., DUBUQUE, IOWA 52001 Prepared By: City of Dubuque Address: 50 West 13th St., Dubuque, IA 52001 Ph:563-589-4270 PLAT OF SURVEY LOT 1 -2 AND LOT 2-2 OF TIMBER-HYRST PLACE # 2 NORTH IN THE CITY OF DUBUQUE, IA COMPRISED OF: LOT 2 TIMBER-HYRST PLACE#20 25' 50' 100' IN THE CITY OF DUBUQUE, IOWA / / // SCALE 1" = 50' FEET / LOT 50 / TIMBER-HYRST / LOT 49 ESTATES#2 PER TIMBER-HYRST INST.NO. O FOUND 518'REBAR W/RED CAP'12531" ESTATES#2 PER 2008-00006368INST.No. ` ' LOT 12 2008-00006368 CHORD: / `JO / TIMBER-HYRST N63' 12'53"E 153.31' O�' / ESTATES PER ARC: INST.NO. L=153.86'R=525.00' \OOQ l I 5/ -12'REBAR ZOO6-000071 H4 WRED DELTA 16'47'29" CHORD: " (j�C� — S74'20'24"W 50.00' _ — — ARC: L=50.02'R=525.00' _ — — — — 10'WIDE PUBLIC DELTA 5'27'32" _ — — — — UTILITY EASEMENT C.L. 100'WIDE _ _ PER INST.NO. TRANSMISSION — — — 2006-00007184 LINE EASEMENT _ - - - � ' _ - - - BK 61 PG 407 N01'58'35"W 5.31' FOUND 51B'REBAR — — WI YELLOW CAP'4016" �Q 9, FOUND 5/B"REBAR ` ` — — W1 RED CAP'12631' - - LOT TIMBER-HYRST LOT2 — — — — ` FOUND 518'REBAR PLACE#2 PER TIMBER-HYRST _ - - _ �MRED CAP'12631' INST.NO. tP PLACE#2 PER _ 2009-00008128 — �� _ — — INST.NO. — — 2009-00008128 LOT 2-2 ' - — — — Q FOUND 518'REBAR � 33,485 SF NO CAP LOT 1-2 s 10,104 SF OZ. E 6R 05 0 NOTE: N 703 THIS SURVEY IS LOCATED IN THE NE 1/4 SECTION 2,T88N,R2E (TABLE MOUND TOWNSHIP)OF FOUND 5/8'REBAR c�1 a� THE 5TH P.M.,IN THE CITY OF WI RED CAP'12631" DUBUQUE,DUBUQUE COUNTY, S64 05 5� IOWA LOT 2,S 1/2,NW LOT 30 FRAC.},SEC.2, TIMBER-HYRST TBBN,R2E ESTATES PER INST.NO. 2006-00007184 FOUND 510"REBAR WI RED CAP"12631' FOUND 516"REBAR LEGEND WI YELLOW CAP"4016' OSET 5/8" REBAR WITH YELLOW FOUND 5/8'REBAR PLASTIC CAP#18128 WI RED CAP'12631' ® FD. IRON ROD/PIPE AS SHOWN NOTES: LOT E ® SET CUT"X" TIMBER-HYRST R.O.W. RIGHT OF WAY 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. ESTATES PER 100,00' RECORDED DIMENSION 2. PROPRIETOR: CITY OF DUBUQUE,50 WEST 13TH ST.DUBUQUE IOWA INST.NO. ( ) 3. SURVEY REQUESTED BY:CITY OF DUBUQUE 2006-00007184 P.O.B. POINT OF BEGINNING 4. TOTAL AREA OF PERIMETER SURVEYED IS 43,589 S.F. P.O.C. POINT OF COMMENCEMENT 5. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. 6. DATE OF SURVEY:05-25-2017 --- RIGHT OF WAY LINE (EXISTING) ADJACENT PROPERTY LINE LINE BREAK I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct 1 �A rO personal supervision and that I am a duly licensed Land T T T T T T Taj Q ++v'1.'V• s Surveyor under the laws of the State of Iowa. Dubuque CITY OF D lJ B lJ Q V 1E (7�\'+• •+'v'pG For the City of Dubuque ENGINEERING DEPARTMENT RUSSELL CITY HALL, 50 WEST 13th STREET IRUSSEL.L N. All-America City DUBUQUE, IA 52001-4864 • KIEFFER PHONE (563)589-4270 FAX (563)589-4205 0.+ O o i 18128 Drawn By: RNK Approved By: RNK Date: 05-26-2017 '.+ 0S'26-2L'D-�,x PLAT OF SURVEY LOT 1-2 AND LOT 2-2 OF •+. ® TIMBER-HYRST PLACE#2 /OWN + Russell sN.e Kieffer Iowa Lie.No.18128 Date n My license renewal date is December 31,2018 DWG Location: F:1NKiefferlCAD DrawingslTimber Hyrst ParkRimber hyrsl park reimer swap PLAT 1 r� D5262017.tlw Pages or sheets covered by this seal: THIS PAGE ONLY 2007 C.I.P.Number: N/A Sheet Number: 1 of 4 SURVEYOR'S CERTIFICATE I, Russell N. Kieffer, 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: Lot 2 of Timber-Hyrst Place # 2, in the City of Dubuque, Dubuque County, Iowa. This survey was performed for the purposes of subdividing and platting said real estate henceforth to be known as Lot 1-2 and Lot 2-2 of Timber-Hyrst Place # 2, in the City of Dubuque, Dubuque County, Iowa. Total area of Lot 1-2 and Lot 2-2 of Timber-Hyrst Place # 2 is 43,589 square feet. Total area of Lot 1-2 is 10,104 square feet. Total area of Lot 2-2 is 33,485 square feet. All Lot areas are, more or less, and all Lots are subject to easements, reservations, restrictions, and rights-of-way of record and not of record, the plat of which is attached hereto and made part of this certificate. BY: C .A4 -- / e o—�' -z 6 Zd/ Russell N. Kieffer Date Licensed Land Surveyor License No. 18128 License Renewal Date: 12/31/2018 Q: RUSSELL N. :mc KIEFFER :0 18128 IOWA 2 OWNER'S CONSENT Dubuque, Iowa 12017 The foregoing Plat of Survey of: Lot 1-2 and Lot 2-2 of Timber-Hyrst Place # 2, in the City of Dubuque, Dubuque County, Iowa, is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate. By: Roy D. Buol, Mayor By: Kevin S. Firnstahl, City Clerk State of Iowa ) ss: County of ) On this of day A.D. 2017, before me, a Notary Public in and for the County of Dubuque and State of Iowa, personally appeared Roy D. Buol and Kevin S. Firnstahl, to me personally known who, being duly sworn did say that the said Roy D. Buol is Mayor and the said Kevin S. Firnstahl 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 Kevin S. Firnstahl acknowledge the execution of said instrument to be the voluntary act and deed of said City of Dubuque, Iowa, by it voluntarily executed. Notary Public in the State of Iowa My Commission Expires CITY COUNCIL Dubuque, Iowa 2017 The undersigned, Mayor and Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing Plat of Survey: Lot 1-2 and Lot 2-2 of Timber-Hyrst Place # 2, in the City of Dubuque, Dubuque County, 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 Kevin S. Firnstahl Clerk of the City of Dubuque 3 PLANNING SERVICES Dubuque, Iowa 12017 The foregoing Plat of Survey of: Lot 1-2 and Lot 2-2 of Timber-Hyrst Place # 2, in the City of Dubuque, Dubuque County, Iowa, or within the two-mile jurisdiction of the City of Dubuque, Iowa, as defined under Section 354 of the Code of Iowa, 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. Laura Carstens Planning Services Manager COUNTY AUDITOR Dubuque, Iowa 12017 The foregoing Plat of Survey of: Lot 1-2 and Lot 2-2 of Timber-Hyrst Place # 2, in the City of Dubuque, Dubuque County, Iowa was entered of record in the office of the Dubuque County Auditor this of 2017. We approve the subdivision name or title to be recorded. Denise M. Dolan Dubuque County Auditor CITY ASSESSOR Dubuque, Iowa , 2017 The foregoing Plat of Survey of: Lot 1-2 and Lot 2-2 of Timber-Hyrst Place # 2, in the City of Dubuque, Dubuque County, Iowa was entered of record in the office of the City Assessor of the City of Dubuque, Iowa, this of 2017. Richard A. Engelken Dubuque City Assessor RECORDER'S CERTIFICATE Dubuque, Iowa 12017 The foregoing Plat of Survey of: Lot 1-2 and Lot 2-2 of Timber-Hyrst Place # 2, in the City of Dubuque, Dubuque County, Iowa, has been reviewed by the Dubuque County Recorder. John Murphy Recorder of Dubuque County, Iowa 4 THE CITY OF Dubuque All-AWrIaCity Masterpiece on the Mississippi' 2007.2012.2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Property Exchange Agreement At and Next to Creek Wood Park DATE: April 11, 2017 The land for Creek Wood Park was donated for the purpose of developing a park. The overhead utility lines created an issue for placement of a playground under them. Developer Marty McNamer is willing to donate a lot next to the current Creek Wood Park location. Between the current park lot and the proposed additional lot there is an approximately 50' access to the property to the south owned by Jeff and Jill Reimer. The Reimers graciously agreed to a property exchange so the two city lots become connected as one continuous piece versus having 50' of private property between the two park lots. Subsequent to this exchange a Council item will be prepared regarding the donation of the lot from the Developer. Leisure Services Manager Marie Ware recommends City Council approval of the Property Exchange Agreement with Jeff and Jill Reimer exchanging ownership of Lot 1-2 Timber-Hyrst Place#2 (currently owned by the City of Dubuque) for Lot 2 Timber-Hyrst Place No. 8 (currently owned by the Reimers). I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:jh Attachment CC' Crenna Brumwell, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Marie Ware, Leisure Services Manager Gus Psihoyos, City Engineer THE CITY OF Dubuque t._T ' 1 iryr Masterpiece on the Mississippi 2007.2012.20„ TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Manager SUBJECT: Property Exchange Agreement At and Next to Creek Wood Park DATE: March 30, 2017 INTRODUCTION The purpose of this memorandum is to request City Council approval of a Property Exchange Agreement of land at and next to Creek Wood Park. DISCUSSION The land for Creek Wood Park was donated for the purpose of developing a park. The overhead utility lines created an issue for placement of a playground under them. Developer Marty McNamer is willing to donate a lot next to the current Creek Wood Park location. Between the current park lot and the proposed additional lot there is an approximately 501 access to the property to the south. This access is owned by Jeff and Jill Reimer, The Reimers graciously agreed to a property exchange. This exchange would mean the two city lots become connected as one continuous piece versus having 50' of private property between the two park lots. Subsequent to this exchange a Council item will be prepared regarding the donation of the lot from the Developer. RECOMMENDATION ► respectfully request City Council adopt the Resolution to approve the Property Exchange Agreement at and next to Creek Wood Park. MLW:et attachment Agreement cc Crenna Brumwell, City Attorney Nate Kieffer, Surveyor Steve Fehsal, Park Division Manager 1 Prepared by Marie Ware, Leisure Services,2200 Bunker Hill Rd., Dubuque IA 52001,563-589-4262 Return to Kevin Firnstahl, City Clerk, 50 W.13th St., Dubuque, IA 52001,563-589-4100 RESOLUTION NO. 137-17 APPROVING A PROPERTY EXCHANGE AGREEMENT WITH JEFF AND JILL REIMER FOR THE EXCHANGE OF CERTAIN REAL PROPERTY IN DUBUQUE COUNTY, IOWA LOCATED ALONG CREEK WOOD DRIVE WHEREAS, a property exchange agreement with Jeff and Jill Reimer is necessary to facilitate the exchange of tracts of land along Creek Wood Drive legally described as: Lot 1-2 Timber Hyrst Place #2 and Lot 2 Timber Hyrst Place No. 8 (the Properties); and WHEREAS, the property exchange is necessary to facilitate construction of Creek Wood Park in Timber Hyrst Subdivision; and WHEREAS, the City Council finds that it is in the best interests of the City of Dubuque to approve the Property Exchange Agreement for the Properties; and WHEREAS, Jeff and Jill Reimer have agreed to the conditions of the Agreement, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The Agreement is hereby approved. 2. The Mayor is hereby authorized and directed to execute such Agreement on behalf of the City of Dubuque, Iowa. 3. The City Council grants the authority to the City Manager or the City Manager's designee to facilitate the property exchange. Passed, approved and adopted this 17th day of April, 17. Z4 0, Xe�l Roy D. But, Mayor Attest: Kevin'F. Firnstahl,`City Jerk PROPERTY EXCHANGE AGREEMENT The parties to the Agreement are the City of Dubuque (hereafter referred to as the "City") and Jill and Jeff Reimer (hereafter referred to as the "Reimers"). WHEREAS, City owns a tract of land along Creek Wood Drive within the city of Dubuque identified as Lot 1-2 Timber Hyrst Place #2 as shown on Exhibit A; and WHEREAS, Reimers own a tract of land along Creek Wood Drive within the city of Dubuque identified as Lot 2 Timber Hyrst Place No. 8 as shown on Exhibit B; and WHEREAS, the parties wish to exchange tracts of land ("Tracts"); and WHEREAS, the parties desire to enter into this agreement to define their obligations relating to the transfer of these Tracts. ARTICLE I. PRESENT OWNERSHIP 1.1 Ownership of Lot 1-2 Timber-Hyrst Place #2 is held by the City. 1.2 Ownership of Lot 2 Timber-Hyrst Place No. 8 is held by the Reimers. ARTICLE II. EXCHANGE AGREEMENT For good and valuable consideration, the parties agree to the following terms and conditions: 2.1 Transfer of Real Estate. At closing, the following conveyances shall be made: I a) City, via Special Warranty Deed, will transfer ownership of Lot 1-2 Timber- Hyrst Place #2 to Reimers. b) Reimers, via Special Warranty Deed, will transfer ownership of Lot 2 Timber-Hyrst Place No. 8 to City. 2.2 Closing. Closing shall occur no more than thirty (30) days after City of Dubuque City Council approval of this transaction. ARTICLE III. TERMS APPLICABLE TO ALL DIVISIONS 3.1 Abstracting and Legal Description. The parties agree that abstracts shall be updated and delivered to the attorneys thirty (30) days prior to closing to ensure merchantable title will be conveyed to each respective party. The costs of updating abstracts shall be covered by the City. 3.2 Platting. The City will complete any and all surveying, platting, and recording costs necessary for completion of this transaction. The Survey and Plat shall be in a form acceptable to the City and to the Reimers. 3.3 Tax Pro-Rate. Each party will be responsible for pro-rated real estate taxes through the date of closing. 3.4 "As-is" Condition of Real Estate. The parties agree that they have made all inspections of the real estate which is the subject of this Agreement and accept said real estate in its "as-is" condition with no exceptions other than merchantability of title. 1 3.5 Documents Required for Closing. The consideration for the Deeds described in Section 2.1 shall contain a recitation in the body of each Deed that the consideration is less than $500.00. Accordingly, no Ground Water Hazard Form or Declaration of Value Form will be required to be delivered to the other party at closing. Reimers' obligations hereunder are subject to the consent of Reimers' lender/mortgagee. 3.6 Possession. Each party shall have possession of the Tracts deeded to it at the time of closing. 3.7 Insurance. The real estate which is subject to this Agreement is unimproved. Each party shall keep in force the insurance it has on these Tracts, if any, until closing. Each party may purchase insurance to cover their interests in this real estate prior to closing if they so choose. 3.8 Remedies of the Parties. If any of the parties fails to timely perform their obligations under this Agreement, the other party or parties shall be allowed to utilize all remedies or actions of law or equity available to them. If any litigation relating to this Agreement, it shall be brought in the Iowa District Court for Dubuque County, and the successful party shall be entitled to recover court costs and reasonable attorney's fees from the unsuccessful party. 3.9 Binding on Heirs. This Agreement shall bind and benefit the heirs, devisees, legal representatives, successors, and assignees of the parties hereto. th Signed this day of , , 2017. CITY OF DU UQUE, IOWA JILL & JEFF REIMER P By: �� By: ze�, Mayor Royh. 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