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Naper St to Cartmill & BanksonMEMORANDUM June 22, 2002 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Sale of City Lots on Napier Street In response to a request from Robert J. Cartmill and Glenn E. and Georgia Bankson, Public Works Director Mike Koch is recommending the sale of Lots 138 and 139 of Mechanic's Addition on the north side of Napier Street. He further recommends that the purchase price be established at $300 for each lot, plus publication and filing fees. The City has no plans for the utilization of the lots except for reserving the utility easements as noted. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Michael A. Koch, Public Works Director CITY OF DUBUQUE, IOWA MEMORANDUM June 24, 2002 TO: Michael C. Van Milligen, City Manager FROM: Michael A. Koch, Public Works Director SUBJECT: Sale of City Lots on Napier Street A public hearing was set by the City Council for July 1,2002, to approve the sale and the disposal of two City lots on Napier Street. Robert J. Cartmill and Glenn E. and Georgia Bankson are requesting the purchase of Lots 138 and 139 of Mechanic's Addition on the north side of Napier Street. Perpetual easement rights will be reserved on each lot in accordance with an easement plat prepared by the City, Therefore, it is recommended that Lots 138 and 139 of Mechanic's Addition be disposed of, and that the purchase price be established at $300 for each lot, plus publication and filing fees. MAK/vjd MEMORANDUM June 10. 2002 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Sale of City Lots on Napier Street In response to a request from Robert J. Cartmill and Glenn E. and Georgia Bankson, Public Works Director Mike Koch is recommending the sale of Lots 138 and 139 of Mechanic's Addition on the north side of Napier Street. He further recommends a public hearing be set for the disposition of the City's interest in the subject area on July 1, 2002 and further recommends that the purchase price be established at $300 plus publication and filing fees. The City has no plans for the utilization of the lots except for reserving the utility easements as noted. I concur with the recommendation and respectfully request Mayor and City Council approval Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Mike Koch Public Works Director CITY OF DUBUQUE, IOWA MEMORANDUM June 10, 2002 TO: Michael C. Van Milligen, City Manager FROM: Michael A. Koch, Public Works Director SUBJECT: Sale of City Lots on Napier Street INTRODUCTION This is in response to a request from Robert J. Cartmill and Glenn E. and Georgia Bankson for the purchase of Lots 138 and 139 of Mechanic's Addition on the north side of Napier Street. DISCUSSION The attached easement plat shows the proposed areas to be disposed of. The abutting properties are owned by Robert J. Cartmill and Glenn E. and Georgia Bankson. The lots to be sold have sanitary sewer and storm sewer piping running through the lots that serves the area from Kaufmann Avenue. Perpetual easement rights will be reserved on each lot in accordance with an easement plat prepared by the city. Mr. Cartmill plans to build an attached garage on a portion of Lot 138. The Banksons have maintained Lot 139 as a yard for many years and plan to continue that practice after purchase. Because of the steep terrain and encumbrance of easements for sanitary and storm sewers, each lot was valued at $300. RECOMMENDATION The City has no plans for the utilization of Lots 138 and 139 of Mechanic's Addition to be disposed of, except for reserving the utility easements as noted. I would recommend that Lots 138 and 139 of Mechanic's Addition be disposed of, and that a public hearing be set for the disposition of the City's interest in the subject area on July 1, 2002. I would further recommend that the purchase price be established at $300.00, plus publication and filing fees. ACTION TO BE TAKEN The recommendation of the City Manager should be approved and a public hearing should be scheduled on the disposal of the property through adoption of the enclosed resolutions. MAK/vjd Prepared by Ronald J. Turner, P.L.S. 52.56 52.56 5.54 PROPERTIES TO BE 50 t 50 50 50 50 NAPIER ST SITE LOCATION MAP NOT TO SCALE Go.5 ~ / /// ~ / LOT LOCATION NORTH PURPOSE: DISPOSAL OF LOTS 138 & 139 VICINITY MAP Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. RESOLUTION APPROVING A PLAT OF EASEMENT-FOR STORM AND SANITARY SEWERS ACROSS LOT 138 AND LOT 139 OF MECHANIC'S ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated June 3, 2002 prepared by the City of Dubuque, describing a Plat of Easement for Storm and Sanitary Sewers across Lot 138 and Lot 139 of Mechanic's Addition 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 June 3, 2002 prepared by the City of Dubuque relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the. City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 2002. day of Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk PLAT OF EASEMENT FOR STORM AND SANITARY SEWERS ACROSS LOT 138 AND LOT 139 OF MECHANICS ADDITION IN THE CITY OF DUBUQUE, IOWA NORTH ' Scale In Feet 0 25' 50' Bas~ of 141 Napier Street (60' R.O.W.) LEGEND CITY OF DUBUQUE Prepared by: Ronald J. Turner, City~_f.D_ub_~gue, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. 338-02 RESOLUTION DISPOSING OF CITY INTEREST IN LOTS i38 AND 139 OF MECHANIC'S ADDITION, DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a n..e~wspaper of g~neral circulation published in the City of Dubuque, Iowa on this~.~/;~' day of~ ,2002, the~ Ci,ty Council of the City of Dubuque, Iow~--~-et on ~ /"4~t~' day of /~"~, ,2002, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 ~./~treet;/Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lots 138 and 139 of Mechanic's Addition 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 138 of Mechanic's Addition in the City of Dubuque, Iowa to Robert J. Cartmill be and the same is hereby approved for the sum of $300.00, plus cost of publication and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. That the sale of City of Dubuque real property described as Lot 139 of Mechanic's Addition in the City of Dubuque, Iowa to Glenn E. and Georgia Bankson be and the same is hereby approved for the sum of $300.00, plus cost of publication and filing fees. Conveyance shall be by Quit Claim Deed. Section 3. The City of Dubuque reserves unto itself a perpetual easement including the dght of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining storm and sanitary sewer as may be authorized by the City of Dubuque, Iowa. Section 4. 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 Robert J. Cartmill and Glenn E. and Georgia Bankson upon receipt of the purchase price in full. Section 5. That the~ity~ed(-beandqs-hereb¥-aathodzed and~hected 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 1st day of July, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Prepared by: Ronaid J. Tumer, City of Dubuque, 50 W. 13th Street. Dubuque, Iowa (563) 589-4270 RESOLUTION NO. RESOLUTION DISPOSING OF CITY INTEREST IN LOTS 138 AND 139 OF MECHANIC'S ADDITION, DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa o~ this day of _, 2002, the City Council of the City of Dubuque, Iowa met on the day of ,2002, at 6:30 p.m. n the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lots 138 and 139 of Mechanic's Addition 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, E~E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sectio~ 1. That the sale of City of Dubuque real property described as Lot 138 of Mechanic's Addition in the City of~ Dubuque, Iowa to Robert J. Cartmill be and the same is hereby approved for the sum of $300.00, plus cost of publication and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. That the sale of City of Dubuque real property described as Lot 139 of Mechanic's Addition in the City of Dubuque, Iowa to Glenn E and Georgia Bankson be anc~ the same is hereby approved for the sum of $300.00, plus cost of publication and filing fees. Conveyance shall be by Quit Claim Deed. Section 3. 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 storm and sanitary sewer as may be authorized by the City of Dubuque, Iowa. Section 4. 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 Robert J. Cartmill and Glenn E. and Georgia Bankson upon receipt of the purchase pdce in full. Section 5. 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 day of 2002. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOTS 138 AND 139 OF MECHANIC'S ADDITION, DUBUQUE, IOWA Whereas, Robert J. Cartmill and Glenn E. and Georgia Bankson have requested the pumhase of Lots 138 and 139 of Mechanic's Addition; and Whereas, the City of Dubuque has relocated and reconstructed sanitary and storm sewers on said lots; and Whereas, the City Council of the City of Dubuque, Iowa has determined that Lots 138 and 139 of Mechanic's Addition are no longer required for public use, except for sanitary and storm sewer easements as noted, and sale of said lots known as Lots 138 and 139 of Mechanic's Addition 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 City of Dubuque intends to dispose of its interest in Lots 138 and 139 of Mechanic's Addition in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot 138 of Mechanic's Addition in the City of Dubuque, Iowa to Robert J. Cartmill be contingent upon the payment of $300.00, plus publication and filing fees. Section 3. That the conveyance of Lot 139 of Mechanic's Addition in the City of Dubuque, Iowa to Glenn E. and Georgia Bankson be contingent upon the payment of $300.00, plus publication and filing fees. Section 4. 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, repainng, owning, operating, and maintaining storm sewer and sanitary sewer as may be authorized by the City of Dubuque, Iowa. Section 5. That the City Clerk be and is hereby authorized and directed to cause a notice of intent, to dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this day of ,2002. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, CMC, City Clerk Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. RESOLUTION DISPOSING OF CITY INTEREST IN LOTS 138 AND 139 OF MECHANIC'S ADDITION, DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this __ day of ,2002, the City Council of the City of Dubuque, Iowa met on the day of ., 2002, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lots 138 and 139 of Mechanic's Addition 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 138 of Mechanic's Addition in the City of Dubuque, Iowa to Robed J. Car[mill be and the same is hereby approved for the sum of $300.00, plus cost of publication and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. That the sale of City of Dubuque real property described as Lot 139 of Mechanic's Addition in the City of Dubuque, Iowa to Glenn E. and Georgia Bankson be and the same is hereby approved for the sum of $300.00, plus cost of publication and filing fees. Conveyance shall be by Quit Claim Deed. Section 3. 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 storm and sanitary sewer as may be authorized by the City of Dubuque, Iowa. Section 4. 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 Robert J. Cartmill and Glenn E. and Georgia Bankson upon receipt of the purchase price in full. Section 5. 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 2002. day of ., Attest: Termnce M. Duggan, Mayor Jeanne F. Schneider, CMC, City Clerk MEMORANDUM June 10, 2002 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Sale of City Lots on Napier Street In response to a request from Robert J. Cartmill and Glenn E. and Georgia Bankson, Public Works Director Mike Koch is recommending the sale of Lots 138 and 139 of Mechanic's Addition on the north side of Napier Street. He further recommends a public hearing be set for the disposition of the City's interest in the subject area on July 1, 2002 and further recommends that the purchase price be established at $300 plus publication and filing fees. The City has no plans for the utilization of the lots except for reserving the utility easements as noted. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Mike Koch, Public Works Director TO: FROM: SUBJECT: CITY OF DUBUQUE, IOWA MEMORANDUM June 10, 2002 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director.~. Sale of City Lots on Napier Street INTRODUCTION This is in response to a request from Robert J. Cartmill and Glenn E. and Georgia BankSon for the purchase of Lots 138 and 139 of Mechanic's Addition on the north side of Napier Street. DISCUSSION The attached easement plat shows the proposed areas to be disposed of. The abutting properties are owned by Robert J. Cartmill and Glenn E. and Georgia Bankson. The lots to be sold have sanitary sewer and storm sewer piping running through the lots that serves the area from Kaufmann Avenue. Perpetual easement rights will be reserved on each lot in accordance with an easement plat prepared by the city. Mr. Cartmill plans to build an attached garage on a portion of Lot 138. The Banksons have maintained Lot 139 as a yard for many years and plan to continue that practice after purchase. Because of the steep terrain and encumbrance of easements for sanitary and storm sewers, each lot was valued at $300. RECOMMENDATION The City has no plans for the utilization of Lots 138 and 139 of Mechanic's Addition to be disposed of, except for reserving the utility easements as noted. I would recommend that Lots 138 and 139 of Mechanic's Addition be disposed of, and that a public hearing be set for the disposition of the City's interest in the subject area on July 1, 2002. 1 would further recommend that the purchase price be established at $300.00, plus publication and filing fees. 'ACTION TO BE TAKEN The recommendation of the City Manager should be approved and a public hearing should be scheduled on the disposal of the property through adoption of the enclosed resolutions. MAK/vjd Prepared by Ronald J. Turner, P.L.S. 52.56 52.56 52.56 PROPERTIES TO 50 50 50 __ 50 50 NAPIER ST 100.5 SITE LOCATION MAP NOT TO SCALE VICINITY MAP (~"'"'--- LOT LOCATION NORTH PURPOSE: DISPOSAL OF LOTS 138 & 139 State of Iowa ) ) SS: County of Dubuque ) On this 17th day of ~]une ,2002, before me, the undersigned, a Notary Public in and for the State of Iowa; personally appeared Terrance M. Duggan 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, 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,~ ~ .... vv,,._,.*~-~'~,..,~ i~, ~.,'"-'~,~,,,,=,,,.~ No. nf fhR City nf 13 ,h, ,~ ,~ r'.~,~ .~¢ r~.,~.~ passed by Resolution of the City Council under Resolution No.325-02 of the City Council on the 37th day of ,June , 2002; and Terrance M. Duggan 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 volunta, rily executed. I~.-~,, I K~e~.CHEST~" i ~ ~,/~ .,_ "'3//, /// · ~ , I I",': Notary Public In and For the State of Iowa CITY ASSESSOR Dubuque, Iowa ,2002 The foregoing Plat of Easement for Storm and Sanitary Sewers across Lot 138 and Lot 139 of Mechanic's Addition in the City of Dubuque, Dubuque County, Iowa, was entered of record in the office of the Dubuque City Assessor this day of ,2002. Rick Engeiken City Assessor Dubuque County, IOwa COUNTY AUDITOR Dubuque, Iowa ,2002 The foregoing Plat of Easement for Storm and Sanitary Sewers across Lot 138 and Lot 139 of Mechanic's Addition in the City of Dubuque, Dubuque County, Iowa, was entered of record in the office of the Dubuque County Auditor this day of ,2002. Denise M. Dolan County Auditor Dubuque County, Iowa Page 3 of 3 SURVEYOR'S CERTIFICATE I, Ronald J. Turner, hereby certify that I am a ~duly Licensed Land Surveyor in the State of Iowa, and that the following tract of real estate was surveyed and platted by me or under my direct supervision, to wit: A Plat of Easement for Storm and Sanitary Sewers across Lot 138 and Lot 139 of Mechanic's Addition in the City of Dubuque, Dubuque County, Iowa In witness whereof, I have hereunto signed and affixed my seal this ._"~',~ g' ,2002. day of CITY OF DUBUQUE Iowa License No. 9651 My License Renewal Date is December 31,2002 Pages covered by this seal: Surveyor's Certificate Only OWNER'S CONSENT The foregoing Plat of Easement for Storm and Sanitary Sewers across Lot 138 and Lot 139 of Mechanic's Addition in the City of Dubuque, Dubuque County, IOwa is made with free consent and in accordance with the desire of the undersigned owners and proprietors of said real estate.By: e-'''~'''' ~1'~r~/nce M~ T f DubuqU~ ~l~anne F. Schneider, CMC, City Clerk Page 2 of 3 Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, iowa (319) 589-4270 Address Tax Statement: Rober~ J. Car~mill, 505 Napier Street, Dubuque, IA 52001 QUIT CLAIM DEED The City of Dubuque, Iowa, a municipal corporation of Dubuque County, Iowa, for Three Hundred Dollars (~300.00), does hereby Quit Claim unto: Robert J. Cartmill 505 Napier Street Dubuque, IA 52001 all its rights, title, and interest in the following described real estate situated in Dubuque County, Iowa, to-wit: Lot 138 Mechanic's Addition 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 water, sewer, drainage, gas, telephone, television cable, fiber optics, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the plat of said Lot 138. No declaration of value is required according to Iowa Code Section 428A.1. Deeds with a consideration of 8500.00 or less are exempt from transfer tax, Iowa Code Sec. 428A.1. This deed is given pursuant to the authority of Resolution No. of the City of Dubuque, adopted , 2002, the terms and conditions thereof, if any, having been fulfilled. Signed this day of ,2002. CITY OF DUBUQUE, IOWA By: Terrance M. Duggan, Mayor Attest: By: Jeanne F. Schneider, City Clerk STATE OF IOWA DUBUQUE COUNTY ) ) ss ) On this __. day of ,2002, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Terrance M. Duggan and Jeanne F. Schneider, to me personally known, who being I~y 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 , 2002; and Terrance M. Duggan 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. TRA~NSFEROR Name Address TR.4~NSFEREE Name 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 (Please Type or Print Legibly) City of Dubuque 50 W. 13th ~reet Dubuque IA 52001-4864 Robert J. Car~cmill Address 505 Napier Street Dubuque IA 52001 Address of Property Trausfe~ed Legal Description of Property Lot 138 Mechanic's Addition in the City of Dubuque, Dubuque County, Iowa 1. Wells (check one) ~t There are no known wells situated on this property. [2. 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) ~( There is no known solid waste disposal site on this property. [2 There is a solid waste disposal site on this property, but no notice has been received from the Deparm~ent of Natural Resources that the site is deemed to be potentially hazardous .... C3 There is a solid waste disposal site on this proper~ 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) ~ There is no known hazardous waste on this property. [2 There is hazardous waste on th/s property and it is being managed in accordance with Depurlznent of Natural Resources roles. 4. Underground Storage Tan'ks (check one) 8 There are no known underground storage tarLks on this properiy. (Note exclusions such as small farm and resident/al motor fuel ranks, most heating oil tanks, cisterns and septic raffles, in instructions.) 0 There is an underground storage tank or tanks on this property. The type(s), size(s) and any known substance(s) contained are describe~ below. 5. Private Burial Site (cheek one) ~ There are no known private burial sites on this property. [2 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/Q If so, number of pages I HEREBY DECLA_RE THAT THE ~)NFOI:h'VlATION CONTAINED IN P:~RT t OF THIS STATEMENT IS TRUE AND CORRECT · Signature: r~ ~/~7~--- Telephone Number: __(563) 589-4270 ........ ~'~ Michael A. Koch PART II - TO BE COMPLETED BY RECORDER Date of Insamment Book/I.D. Page/I.D. Date of Recording City or Township Deed [] Contract ~ County. D~'R form (July 99) FILE WITH RECORDER (See Instruction #6) INSTRUCTIONS FOR COMPLETING GROUNDWATER HAZARD STATEbfENT 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 Departraent 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 .¢_orresponding number (1, 2, 3, 4, 5). If additional space is needed, type or print it legibly on a separate sheet or sheets, complete the statements at the end of Part I and attach the additional information to all copies of .the form. '~¥~_en describing the location of a facility on the property, be reasonably precise, such as a specific distance and general direction from a landmark or comer of the property. A professional survey is not necessary. The following deEmitions are for use in completing the form. 1. Wells - A "well" is any excavation that is drilled, cored, bored, au'gered,' 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 i59.29, 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 are to be properly plugged in accordance with chapter 39 of the roles of the Department of Natural Resources. (567 Iowa Adn~qistrative Code, Chapter 39) 3. Hazardous Wastes - "Hazardous waste" is def'me/,l in Iowa Code section 455B.411, 567--I41.2 (455B), I.A.C., and federal regulations referenced therein. It is generally defined as waste that poses a t~eat 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 retrained 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 Tan '1~ - "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 I0 percent or more beneath the surface of the ground. "Kewalated substances" include petroleum products and hazardous or toxic materials identified in 567--135.2(455B), I.A.C. Underground storage tar~k 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 tree on the premises where stored. c. Residential s~pt/c tanks. d. Pipeline facilities regulated by state or federal law. e. A surface impoundmmat, pit pond, or lagoon. f. A storm water or wastewater collection system. g. A flow-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 tan/< is on or above the surface of the floor. j. Pipes connected to the above exclusions. An "agricultural drainage ,.veil" is a well cons~racted for the purpose of draining, or which drains, water from agricultural land to an aquifer (underground), excluding drainage tile intakes which outlet to the surface. Agricultural drainage wells are requked to be registered wih5 the deparmaent by September 30, 1988, and the ovraer 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, re,use, rubbish and other similar 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 (hA.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 deparcrnent. 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. "Tank type" means the material of construct/on (steel, fiberglass reinforced plastic [Ft~], 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 substmace 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 properly the transferor shall state all known identifying information of that decedent includhng name, date of death, and date of bLrth. 6. Filing - Tixe 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 s!udges or soils resulting from the remediation of uaderground storage tank releases accomplished in compliance with Department of Natural Resources roles without a pemfit is not required to be reported as the disposal of solid waste or hazardous waste. (See iowa Code Section 558.69) DNR form (July 99) Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (319) 589-4270 Address Tax Statement: Glenn E. & Georgia Bankson, 517 Napier Street, Dubuque, IA 92001 QUIT CLAIM DEED The City of Dubuque, Iowa, a municipal corporation of Dubuque County, Iowa, for Three Hundred Dollars ($300.00), does hereby Quit Claim unto: Glenn E. & Georgia Bankson 517 Napier Street Dubuque, IA 52001 all its rights, title, and interest in the following described real estate situated in Dubuque County, Iowa, to-wit: Lot 139 Mechanic's Addition 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 water, sewer, drainage, gas, telephone, television cable, fiber optics, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the plat of said Lot 139. No declaration of value is required according to Iowa Code Section 428A.1. Deeds with a consideration of 9500.00 or less are exempt from transfer tax. Iowa Code Sec. 428A.1. This deed is given pursuant to the authority of Resolution No. of the City of Dubuque, adopted , 2002, the terms and conditions thereof, if any, having been fulfilled. Signed this day of ,2002. CITY OF DUBUQUE, IOWA By: Terrance M~ Duggan, Mayor Attest: By: Jeanne F. Schneider, City Clerk STATE OF iOWA DUBUQUE COUNTY ) ) ss ) On this day of , 2002, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Terrance M. Duggan 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 , 2002; and Terrance M. Duggan 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 - GROUNDWATEK HAZARD STATEMENT PART I - TO BE COMPLETED BY TRANSFEROR (Please Type or Print Legibly) TRANSFEROR Name Ci~,v 5f Dubuque Address 50 W. l~h S'~Feg:eg TR~4zNSFEKEE N~e 61enn E. & ~rg~a ~nkson Dubuque IA Address 517 Napier Street Dubuque Tow~ or P.O. IA 52001 Address of Property Trausfe~ed Legal Description of Property Lot 139 Mechanic's Addition in the City of Dubuque, Dubuque County, Iowa 1. Wells (check one) Ki 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) ~ There is no known solid waste disposal site on this property. G There is a sol/d waste d/sposal site on th~ property, but no notice has been received from the Department of Natural Resources that the site is deemed to be potentially ha',~mlous. B There ts a solid waste dizposal stte on this property which has been deemed to be potantaally he2ardons by the Department of Natural Resoarces. The location(s) of the site(s) is stated below. 3. Hazardous Wastes (check one) ,~ There is no known hazardous wmste On this property. G There is hazardous waste on this property and it is being managed in accordance with Depar'anent of Natural Resources roles. 4. Underground Storage Tanks (check one) ~ There are no known under~ound storage tanks on this properb/. (Note exclusions such as small farm and residential motor fuel most heating oil tanks, cisterns and septic tanks, in instructions.) G The~ is an underground storage tank or tanks on th~ property. The type(s), size(s) and any known substance(s) c0ntained are d~cfibec below. 5. Private Burial Site (check one) [~ There are no known private burial sites on this property. B There is a private buriaI site on this property. The location(s) of the site(s) is stated below. The known'identify/rig information o£the decedent is stated below. Information, if any, required by statements checked above: Auachment for Additional In£ormation? y~(~ If so, number of pages I HEREBY DECLARE THAT THE INFORzMATION CONT:LINED IN PART I OF THIS STATE3FENT IS TR~ ~ND CO--CT Signature: ~ Telephone Number: ~ ~9~70 P.~T II - TO BE COMPLETED BY ~CO~ER Date of Recording Deed ~ Contract Book/I.D. Page/I.D. City or Township County DNR form (July 99) FILE %VITH RECORDER saz~so (See Instruction #6) INSTRUCTIONS FOR CObIPLETING GROUNDWATER HAZAPd) STATE,rENT ~ne transferor of real property is required to complete Par[ I of this form. The purpose of the statement is to satisfy legal requirements for filing ins~menrs of conveyance of real properly with the county recorder (Iowa Code Section 555.69). The Department of Natural Resources dens not approve or disapprove of property transfers based on these statements. The statement must be signed by one of the persons ~ansferfing the property interest or that person's agent. Ar, agent signing th[q 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 (I, 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 parr L Relate the additional information to the specific category of facility (well, etc.) by numbering it with the .¢?responding number (1, 2, 3, 4, 5). If additional space is needed, type or print it legibly on a separate sheet or sheets, complete the statements at the end of Part I and attach the addiffonal infurmation to all copies of the form. Wen desc~bing the location of a facility on the property, be reasonably precise, such as a specific distance and general direcrinn from a landmark or comer of the property. A professional su,wey is not necessary. The following definitinns are for use in completing the form. i. Wells - A "well" is any excavation that is drilled, cored, bored, au'gered, washed, driven, dug, jetted or otherwise constructed for accessing groundwater or for diverting surface watar into the ground, including abandoned wells. "Well" does not include an open ditch or drainage tiles which discharge to the surface. Ifa 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. _4~n "abandoned well" is a welt no longer in use or inn such state of disrepair that continued use is unsafe or impracticable. Abandoned wells are to be properly plugged in accordance with chapter 39 of the roles of the Department of Natural Resoumes. (567 iov,-a Adm~nisu-ative Code, Chapter 39) An "a~culmral ck-ainage well" is a well constructed for the purpose of &mining, or wh/ch drains, water from agricultural land to an aquifer (underground), excluding drainage tile intakes which outlet to the s~face. Agricultural drainage wells are requked to be registered win% the department by September 30, 1988, and the o'~xmer of the well and of the land drained by the well are to develop a plan propnsing alternatives to the use of the well by July I, 1998 (See Iowa Code Section 159.29.) 2. Solid Waste - "Solid v.'aste" means garbage, refuse, mbbish and other similar discarded solid or semisolid material. It does not include di~. stone, brick, or similar inorganic material used for fill, as long as no other solid waste is included. See 567--100.2(455B), Iowa Adminisn-ative Code (LA.CO for further definitions. A "disposal site" is any area on the property, on, in, or under which solid waste has ~een disposed, whether or not the disposal is or was regulated by the department. if the 2ansferor or agent has not received notice from the Deparmxent of Natural Resources that the disposal site has been deemed to be potentially hazardous, there is no duty to inquire to 3. Hazardous Wastes - "Hazardous waste" is de£me;3 in Iowa Code section 455B.4I I, 567--141.2 (455B), I.A.C., and federal regniatio~ referenced therein. It is ge'nerally 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 fur[ilizers or soil conditioners, agricnimral chemicals applied or disposed of by a briner in accordance with the manufacturer's instractions, triple-rinsed agricultural c~emical containers disposed of by farmers (where the rknsate is used as rn~keup water in the tar&mix and applied at appropriate rates), and other specific materials. Persons are legally required to be awase of hazardous waste laws. 4. Underground Storage Tan~ - "Underground storage rank" 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 hazardous or toxic materials identified in 567--135.2(455B), LA.C. Underground storage tank does not include: a. Farm or residential tanks of 1,I00 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 tamks. 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. A flow-through process tank. h. 'A liquid U-ap or associated gathering lines directly related to oil or gas production and gathering operations. i. A tar~< inn an underground area such a~ a basement or mine, if the tan/< is on or above the surface of the floor. j. Pipes connected to the above exclusions. "Tank type" means the material of consla'ucfion (steel, fiberglass reinforced plastic [FRP], or other [specify]), and any internal or extamal protection such as a protective coating or wrapping, or cathodic protection. Identify uae capacity in gallons and the substance stored inn each tank. 5; Private Burial Sites - "Private Burial Site" means one or more gravas containing human remains. For each site the transferor shalt state the location of the site. For each decedent buried on the property the transferor shall state all knov,,'u 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 nhe recorded instrument is resumed. The recorder is not required to keep any copies. -- '~Notc Thc [and application of sludges or soils resulting from the rcmcdiation of underground storage tank releases accomplished in comp!lance with Department or' Natural Resources m[es whhout a pc,milt is not required to be reported as the disposal of solid waste or ha:ardons waste. (See Iowa Code Section 558.69) D~'R £onn [July 99)