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. Buol Jill Re'me
Attest: By:
Jeff Rei
me
i VKevin S FirnstaN1, City Cler
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F . LOT 29 TIMBER-
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REIMERS PLAT
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CREATING TWO LOTS
ON EXISTING
Los tTIMBER- PROPERTY
HYRST PLACE NO.S TEP 4:
REIMERS CONVEY
LOT 2 OF TIMBER
HYRST PLACE NO. 8
TO CITY
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