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12th St Vacate for StoversMEMORANDUM July 30, 2002 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Public Hearing on Vacating a Portion of 12th Street West of Bluff In response to a request from Greg and Peggy Stover, Public Works Director Mike Koch is recommending the vacation of a portion of 12th Street west of Bluff. The area to be vacated was leased for parking to Egelhof Funeral Home, the previous property owner. It is further recommended that the purchase price be established at $943.68, plus publication and filing fees. The City has no plans for the utilization of this portion of 12th Street, 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/]h Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Michael A. Koch, Public Works Director CITY OF DUBUQUE, IOWA MEMORANDUM July 29, 2002 TO: Michael C. Van Milligen, City Manager FROM: Michael A. Koch, City Engineer ~'~'~, SUBJECT: Public Hearing on Vacating A Portion of 12th Street West of Bluff A request has been received from Greg and Peggy Stover to vacate a portion of 12th Street west of Bluff. The City has no plans for the utilization of this portion of 12th Street, except for reserving the utility easements as noted. Therefore, it is recommended that the areas indicated by Lots 760A and Lot 776B of McDaniel's Subdivision be vacated, and that the purchase price be established at $943.68, plus publication and filing fees. MAK/vjd MEM ORANDUM July 9, 2002 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Vacating Petition - A Portion for 12th Street West of Bluff In response to a request from Greg and Peggy Stover, Public Works Director Mike Koch is recommending the vacation of a portion of 12th Street west of Bluff. The area to be vacated was leased for parking to Egelhof Funeral Home, the previous property owner. The City Council has previously given preliminary approval of this proposal at the September 4, 2001 Council meeting. It is further recommended that a public hearing be set for the disposition of the City's interest in the subject area on August 5, 2002, and that the purchase price be established at $943.68, plus publication and filing fees. The City has no plans for the utilization of this portion of 12th Street, 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 Lindaht, Corporation Counsel Cindy Steinhauser, Assistant City Manager Michael A. Koch, Public Works Director TO: FROM: SUBJECT: CITY OF DUBUQUE, IOWA MEMORANDUM July 1, 2002 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director ~¢,~ K~~-c/ Vacating Petition - A Portion of 12th Street West of Bluff INTRODUCTION This is in response to a request from Greg and Peggy Stover for the vacating of a portion of 12th Street west of Bluff. DISCUSSION The attached plat shows the proposed portion of 12~h Street to be vacated. The abutting properties are owned by Gregory Jori and Peggy E. Stover. The area to be vacated was leased for parking to Egelhof Funeral Home, the previous property owner. The City Council had previously given preliminary approval of this proposal at the September 4, 2001 Council meeting. The area to be vacated is divided into two lots numbered Lots 760A and Lot 776B of McDaniel's Subdivision. Perpetual easement rights wilt be reserved on a small portion of the lot for maintenance of the existing storm sewer utilities. The property has been valued at $1.61 per square foot. With a credit for surveying and platting, the purchase price was established at $943.68. RECOMMENDATION The City has no plans for the utilization of the portion of 12~h Street to be vacated, except for reserving the utility easements as noted. I would recommend that the areas indicated by Lot 760A and Lot 776B of McDaniel's Subdivision on the attached plat be vacated, and that a public hearing be set for the disposition of the City's interest in the subject area on August 5, 2002. I would further recommend that the purchase price be established at $943.68, 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 and ordinance. Prepared by RonaId J. Turner, P.L.S. VACATE LOCATION PURPOSE: 12TH STREET VACATE MAP NORTH MEM 0 RAND UM August30,2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Vacating A Portion of 12th Street Greg and Peggy Stover are requesting preliminary approval from the City Council on the vacation of a 12-foot wide portion of the 12th Street right-of-way, immediately west of Bluff Street. This preliminary approval would allow the Stovers to continue with their plans to develop the property, however, a public hearing will need to be held and the Stovers can be given no assurance as to the results of that public hearing. This property had been used by Egelhof-Casper Funeral Home as part of their parking lot under a revocable permit from the City of Dubuque. The Stovers want to eliminate the revocable permit and take ownership of the property. Public Works Director Mike Koch advises that the City has no plans for the use of this property and is recommending giving preliminary approval to the vacation. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van MillJgen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Michael A. Koch, Public Works Director CITY OF DUBUQUE, IOWA, MEMORANDUM August 28, 2001 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Vacating A Portion of 1 2th Street INTRODUCTION Enclosed is a petition for Greg and Peggy Stover to vacate a 12-foot wide portion of the 12~h Street right-of-way, immediately west of Bluff Street. BACKGROUND Egelhof-Casper Funeral Home has utilized the northerly 12 feet of the 12th Street right-of-way under a permit with the City for private parking since at least 1973. They have held this permit under a 30-day revocable permit upon notice by the City. Recently Greg and Peggy Stover have purchased the Egelhof property, together with the 1 2th Street parking lot. At the time of the sa[e, they were not aware that they did not own the northerly 12 feet of the parking lot, which can accommodate seven (7) parking stalls. The Stovers have indicated that parking is a major factor in their investment, because of the lack of parking in this area. Since the parking is so essential to their operation, they have indicated that a continuation of a permit which contains a unilateral 30-day revocation clause would not be acceptable to them. DISCUSSION In lieu of a permit to use the property, they are requesting to vacate the same 12 feet of the right-of-way. It is unlikely, given the topography of 12t~ Street, that the street would ever be widened. Currently there is sufficient room to allow two cars to pass by each other, since there is no parking allowed on the street. City staff has taken a look at the property values in this area as appraised by the County of Dubuque and have estimated an average value of $1.61 per square foot. The Stovers are willing to purchase the vacated right-of-way for $1.61 per square foot, for a total of ~2,700. The City does allow a credit for surveying in the vacating of small parcels, which could amount from $600 to $1,000 credit, for a net purchase price of $1,700 to $2,100. RECOMMENDATION I would recommend that the City Council consider the vacating of a portion of 12th Street right-of-way since no improvements are envisioned for this portion of 12TM Street. Vacating of the right-of-way would, however, mean that the street could never be widened beyond its current width. Other improvements, such as curb and gutter and new paving and sidewalks, could still be 'accomplished within the remaining right-of-way. ACTION TO BE TAKEN I would ask that the Council consider the request and give preliminary approval on the requested vacating. This would then allow the Stovers to continue with their plans to develop the ProPerty while a surveyor's plat is being prepared for the formal vacating process. The approval of Council at this time would not be binding, since formal vacating of the street can only be finalized after a public hearing, and subsequent approval by the City Council: Any costs incurred by the Stovers prior to the formal City Council approval would be at their sole expense. MAKIvjd 5O ? 50 Feet PROPOSED 12th STREET VACATE 7/2 0/01 Mr. Bob Schiesl Civil Engineer City of Dubuque, IA 52001 Re: Parking lot at 12a and Bluff Dear Bob: We wanted to get back to you regarding the disposition of the parking lot issue we discussed a few weeks ago. (The lot on the South West corner of 17 and BlufF) As you know, we were shocked to find out that the City of Dubuque owns a portion of that lot, and had been leasing it to Chuck Egelhof for 20 plus years. 'We had a productive meeting with Mike Koch regarding this issue, and it is my understanding is that it has been handed to you due to concerns with property lines, etc. Just to clarify the issue, there are two issues present, which can be discussed separately or together. They are: 1. The 11 '-12' that the City owns adjoining 12th Street is critical to the success of my business venture. We paid a lot of money for that lot, and cannot be placed in a position where the City could revoke a lease. Basically, we either need to own it all, or we won't need the other part either. Parking was the most debated issue about buying this building. 2. There are the (2) 25' x 25' lots atthe rear of my parking lot, which abut to Lower Grove Terrace. The County put these up for auction, and I was the only bidder. As you know, I do not want any liability for the wall holding up the street. You have made it clear that the wall is in fact on those lots. I am still interested in acquiring those lots. As we discussed, k is highly unlikely that the City will ever widen 12th Street, so there is no reason for the City to maintain ownership of that strip of land. It was suggested to us that the City might sell it for approximately $2700. This would probably be the most expeditious route to take to solve the problem. We can then go back to the sellers to discuss compensation, since this was not disclosed in the sales documents. Regarding the lots:. We are interested (down the road) in putting up a carriage house/garage at the West end of our lot. It would be nice if we could utilize a portion of those (2) tiny lots in order to consider building a rental un/t up above the garage, which might project out onto the lots a few feet. There might be a deck on the West side, or some such structure. We are very open to what the City would have to say about arrangements along those lines. It is clear that no one is going to take legal responsibility away from either the County or City for that wa!l, in order to build a tiny structure on the land. Our proposal might make ir feasible for us to build a nicer structure, more in keeping with the neighborhood. Especially if we could rent out the upstairs unit. Just for your information, there was a 2-story RB&B carriage house on the property in the late IS00's. It had some sort of cupola on top. Pictures we have seen are exceedingly dark, and without a lot of detail present. We will of course do considerable research before approaching the Ci~ to build that carriage house. It is too early to draw up plans, but in general, it would be about a 24' x 34' rectangle, 2 floors high, with a gable roof of about 6/t2 pitch. .Just for your information, last night we were granted permission to tear down our'1500 square foot masonry garage here at 1145 Locust. This is a current and viable project for the Fa~mie Stout House, since we will need to replace that lost storage at some point. Once again, we appreciate your help, and look forward to hearing from you regarding resolution of those issues. ~ Sincerely, ~~ Greg& Peggy Stover 582-2218 cc Laura Carstens Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th S[reet, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF 12TM STREET WEST OF BLUFF Whereas, there has been presented to the City Council of the City of DubuquE, iowa, a plat dated the 21st day of June, 2002, prepared by Buesing & Associates, describing the proposed vacated Portion of 12~h Street west of Bluff; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated the 21st day of June, 2002, prepared by Buesing & Associates, relative to the real estate'hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining storm sewers as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey of Lot 760A of McDaniel's Subdivision. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. 2002. Passed, approved and adopted this day of Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, CMC, City Clerk PLAT OF SURVEY for ----------- :VACATING A PORTION OF 12TH STREET, :THE DIVISION OF LOT 776 OF McDANIEL'S SUBDIVISON, :AND A RETRACEMENT OF THE EASTERLY 115 FEET OF LOT 760 OF McDANIEL'S SUBDIVISION IN THE CiTY OF DUBUQUE, IOWA. ~, DETAIL NO SCALE DETAIL NO SCALE L~eEN_D .......... EA$~E~T [JNE 0 20 40 80 SCALE iN FEET ORDINANCE NO, ORDINANCE VACATING A PORTION ON 12TM STREET WEST OF BLUFF Whereas, Gregory Jori and Peggy E. Stover have requested the vacating of a portion of 12''h Street west of Bluff; and, Whereas, Buesing & Associates has prepared and submitted to the City Council a plat showing the vacated portion of 12th Street west of Bluff, which hereinafter shall be known and described as Lot 760A and Lot 776B of McDaniet's Subdivision, in the City of Dubuque, Dubuque County, Iowa; and, Whereas, the City Council of the City of Dubuque, Iowa has determined that a portion of 12th Street west of Bluff is no longer required for public use, except for utility easements as noted, and vacating of said portion of 12th Street west of Bluff known as Lot 760A and Lot 776B of McDaniel's Subdivision in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That. the real estate described as Lot 760A and Lot 776B of McDaniel's Subdivision in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining storm sewers as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey of Lot 760A of McDaniel's Subdivision. 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 LOT 760A AND LOT 7768 OF MCDANIEL'S SUBDIVISION, DUBUQUE, IOWA Whereas, Gregory Jon and Peggy E. Stover have requested the vacating of a portion of 12~ Street west of Bluff; and Whereas, Buesing & Associates has prepared and submitted to the City Council a plat showing the vacated portion of 12~h Street west of Bluff and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 760A and Lot 776B of McDaniel's Subdivision in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of 12~h Street west of Bluff is no longer required for public use, except for utility easements as noted, and vacating and sale of said portion of 12~h Street west of Bluff known as Lot 760A and Lot 776B of McDaniel's Subdivision in the City of Dubuque, Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot 760A and Lot 776B of McDaniel's Subdivision in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot 760A and Lot 776B of McDanieYs Subdivision in the City of Dubuque, Iowa to Gregory Jori and Peggy E. Stover be contingent upon the payment of $943.68, plus publication and filing fees. 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 sewers as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey of Lot 160A of McDaniel's Subdivision. Section 4. 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. 391-02 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 760A AND LOT 776B of MCDANIEL'S SUBDIVISION, DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general cimulation published in the City of Dubuque, Iowa on th19th ay of July, 2002, the City Council of the City of Dubuque, Iowa met on the 5th day of August, 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: Lot 760A and Lot 776B of McDaniel's Subdivision, 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 760A and Lot 776B of McDaniel's Subdivision in the City of Dubuque, Iowa to Gregory Jon and Peggy E. Stover be and the same is hereby approved for the sum of $943.68, plus the cost of publication and filing fees. Conveyance shall be by Quit Claim Deed. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining storm sewers as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey of Lot 760A of McDaniel's Subdivision. Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Gregory Jori and Peggy E. Stover upon receipt of the purchase pdce in full. Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 5th day of August, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk RESOLUTION NO. 375-02 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 760A AND LOT 776B OF MCDANIEL'S SUBDIVISION, DUBUQUE, IOWA Whereas, Gregory Jon and Peggy E. Stover have requested the vacating of a portion of 12th Street west of Bluff; and Whereas, Buesing & Associates has prepared and submitted to the City Council a plat showing the vacated portion of 12th Street west of Bluff and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 760A and Lot 776B of McDaniel's Subdivision in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that this portion of 12th Street west of Bluff is no longer required for public use, except for utility easements as noted, and vacating and sale of said portion of 12th Street west of Bluff known as Lot 760A and Lot 776B of McDaniel's Subdivision in the City of Dubuque, Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Lot 760A and Lot 776B of McDaniel's Subdivision in the City of Dubuque, Iowa. Section 2. That the conveyance of Lot 760A and Lot 776B of McDaniel's Subdivision in the City of Dubuque, Iowa to Gregory Jon and Peggy E. Stover be contingent upon the payment of $943.68, plus publication and filing fees. 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 sewers as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey of Lot 160A of McDaniel's Subdivision. Section 4. 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 Attest: ~./3eanne F. Schneider, CMC, City Clerk 15th .da_.y of Ou].Z. ,2002_ , ORDINANCE NO. 57-02 ORDINANCE VACATING A PORTION ON 12TM STREET WEST OF BLUFF Whereas, Gregory Jon and Peggy E. Stover have requested the vacating of a portion of 12th Street west of Bluff; and, Whereas, Buesing & Associates has prepared and submitted to the City Council a plat showing the vacated portion of 12th Street west of Bluff, which hereinafter shall be known and described as Lot 760A and Lot 776B of McDaniel's Subdivision, in the City of Dubuque, Dubuque County, Iowa; and, Whereas, the City Council of the City of Dubuque, Iowa has determined that a portion of 12th Street west of Bluff is no longer required for public use, except for utility easements as noted, and vacating of said portion of 12th Street west of Bluff known as Lot 760A and Lot 776B of McDaniel's Subdivision in the City of Dubuque, Dubuque County, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 760A and Lot 776B of McDaniel's Subdivision in the City of Dubuque, Iowa, be and the same is hereby vacated. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining storm sewers as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey of Lot 760A of McDaniel's Subdivision. Passed, approved and adopted this 15th Attest: . .~.~ ~/'J'eanne F. Schneider, CMC, City Clerk j/l"b~rance M. Du~/~ayor Prepared by: Ronald J. Tumer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. 374-02 RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF 12TM STREET WEST OF BLUFF Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 21st day of June, 2002, prepared by Buesing & Associates, describing the proposed vacated pot[ion of 12th Street west of Bluff; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated the 21st day of June, 2002, prepared by Buesing & Associates, relative to the real estate'hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining storm sewers as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey of Lot 760A of McDaniel's Subdivision. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and cer/ified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. 2002. Attest: Passed, approved and adopted this 15th day of July T~rrance M. Dugg~',~ayor e F. Schneider, CMC, City Clerk Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 Address Tax Statement~ Gregory Jon and Peggy E. Stover, 1145 Locust Street, Dubuque, IA 52001 QUIT CLAIM DEED The City of Dubuque, Iowa, a municipal corporation of Dubuque County, Iowa, for Nine Hundred Forty-Three and 68/100 Dollars ((~943.68) and other good and valuable consideration, does hereby Quit Claim unto: Gregory Jon and Peggy E. Stover 1145 Locust Street Dubuque, lA 52001 all its rights, title, and interest in the following described real estate situated in Dubuque County, Iowa, to wit: Lot 760A and Lot 776B of McDaniel's Subdivision 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 760A and Lot 776B of McDanieFs Subdivision. No declaration of value is required according to Iowa Code Section 428A.1. This deed is given pursuant to the authority of Resolution No. of the City of Dubuque, adopted _, 2002, the terms and conditions thereof, if any, having been fulfilled. Signed this day of ,2002. CI'[Y 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. 2-6 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. TRANSFEROR Name REAL ESTATE TRANSFER . GROUNDWATER HAZARD STATEMENT Please read the fil{ng instructions on the reverse side BEFORE completing this form. PART I - TO BE COMPLETED BY TRANSFEROR (Please Type or Print Legibly) City of Dubuque Ad&ess 50 W. 13th Street Dubuque TR.~NSFEREE Name Gregory Jon and Peggy S. Stover IA 52001-4864 Address 1145 Locust Street Dubuque IA 52001 Address of Property Transfe~ed NA LegalDesc~ptiono£Property Lot 760A and Lot 776B of McDaniel's Subdivision in the City Of Dubuque, Dubuque County, Iowa 1. Wells (check one) ~ There are no known wells situated on this property. U. 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) KI There is no known solid waste disposal site on this property. F1 There is a solid waste disposal site on this property, but no notice has been received from the Department of Natur}l Resources that the site is deemed to be potentially hazardous. Q There is a solid waste disposal site on this property wh/ch has been deemed to be potentially hazardous by the Department of Nataral Resources. The location(s) of the site(s) is sated below. 3. Hazardous Wastes (check one) 1~ There is no known hazardous waste on this property. IZ1 There is hazardous waste on this property and it is being managed in accordance with Department of Natural Resources rules. 4. Underground Storage Tanks (check one) 1~ There arc no known underground storage tanl~ on tiffs properiy. (Note exclusions such as small farm and resident/al motor fuel an/cs, most heating oil tank~, cisterns and septic tanle% in instructions.) 12 There is an underground storage tank or tanks on this property. Thc type(s), size(s) and any known substance(s) contained are describer below. 5. Private Burial Site (check one) l~ There are no known private burial sites on this property. G There is a private bur/al site on this property. The location(s) of the site(s) is sated below. The known identify/rig information of the decedent is sated below. Information, if any, requ/red by statements checked above: Attachment for Additional Information? y/{~ If so, number of pages I HEREBY DECLARE THAT THE INFORMATION CONTAINED IN PART 1 OF THIS STATEMENT IS TRUE .4aND CORRECT ~ .......... ~.,,,~ 7~ich'ael A. Koch -- - PART II- TO BE COMPLETED BT-~-~'(~-~-- ...................................... ~ ....... Date o£ IusWdment Date of Recording. Deed U Contract Book/I.D. City or Township Page/I.D. DNR form (July 99) FILE WITH RECORDER (See Instruction #6) INSTRUCTIONS FOR COMPLETING 'Fne ~-ansferor of real propervy is required to complete Parr I of this form.. The pu~ose of the statement is to satisfy legal requirements for filkng iusmaments of conveyance of real property with the county recorder (Iowa Code Section 558.69). The Deparnnent of Natural Resources does not approve or disapprove of property nnusfers bssed on these statements. The statement must be signed by one of the persons trausferring the property, interest or that person's agent. An agent signing this form represents the information from ~ansferor to be correct. For the most pan the information requested is clear (name, address, etc.). One statement under each of the numbered items (I, 2, 3, 4 and 5) mnst 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 L Relate the additional infonnatinn to the specific category of facility (well, etc.) by numbering it with the ~c?responding number (1, 2, 3, 4, 5). If add[tinnal space is needed, type or print it legibly on a separate sheet or sheets, complete the statements at the end of Part I and anach the additional information to ell copies of the form. x,~en describkng the location of a facility on the property, be reasonably precise, such as a specific distance and general direction ~om a landmark or comer of tlne property. A professional s~wey is not necessary. 'Eno following definitions 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 construoted for accessing groundwater or for diverting surface water into the ground-, including abandoned '*'ells. "Well" does not include an open ditch or drainage tiles which discharge to the surface. Ifa ,.'.'el1 is an "abandoned wolF' or an "a=m'iculturaI drainage well," '~s must he identified and the stems of the well with respect to Iow-- Code sections 455B.190 and I59.29, respectively, must be s~ted. An "abandoned well" is a well no longer in use or in such state of disrepair that contLnued 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 AdmLnis~'wative Code, Chapter 39) An "ag-ricultural &-ainage ,,,,'ell" is a welt constructed for the nnmose of draining, or wi~Hch dm;us, v.-ater from agricultural land l~o ~n aquifer (undergromnd), excluding ch~ainage tile intakes whSch outlet to the surhce. Agricultural drainage wells are reqnked to be registered with [he depar'anent by September 30, 1988, and the o;~v, er of the well and of tine land drained by the well are to develop a plan proposing alternatives to the use of the well by July 1. 1998 (See Iowa Code Section 159.29.) 2. Solid Waste - "Solid waste" means garbage, refuse, rnbbish 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), !ow2 Admiais~dve Code (!.A.C.) for further del-tuitions. A -disoosaI site- is any area on the properS' on, in, or under which so!i~ waste has ~qeen disposed, v.-hether or not the disposal is or was regulated by tlne deparwaent. If the ~aasferor 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 ti'~e depa~ment. *Note The land application of sludges or soils resulting from the remedi~tion of underground storage tank releases accomplished in complia:'~cc with Department of Natural Resources roles without a pem,~it is not required to be reposed as the disposal of solid waste or hazardous waste. (See Iox~a Code Section 558.69) GROU.WDWATER HAZARD STATEb[ENT 3. Hazardous Wastes - "Hazardous waste" is defme;l in Iowa Code section 455B.411, 567--141.2 (455B), LA.C., and federal regulations referenced therein. It is generally defined as waste that poses a threat to human health or the environment. It includes wastes which are ignitable, corrosive, toxic, explosive, violently reactive, or specifically listed as hazardous in the Code of Federal Regulations (40 CFR 261). EXCLUDED are household wastes, agricultural wastes returned to the soiI as fertilizers or soil conditioners, agrioultural chemicals applied or disposed of by a farmer in accordance wSth the manufacturer's instructions, triple-rinsed agricultural chemical containers disposed of by farmers (where the rimate is used as makeup water in the tava<_mix and applied at appropriate rates), and other specific materials. Persons are legally required to be aware of hazardous waste laws. 4. Underground Storage Tan'ks - "Underground storage tank" means one or a combination of tanks, including underground piping connected to the tanks, used to contain an accumulation of regulated substances, and the volume of which is 10 percent or more beneath the surface of the ground. "Regulated substances" include petroleum products and hazardous or toxic nmteriais identified in 567-I35.2(455B), I.A.C. Underground storage tamk 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 hearing oil for cousnmpfive use on the premises where stored. c. Residential septic tanks. d. Pipeline facilities regulated by state or federal law. e. A surface impoundment, pit pond, or lagoon. f. A storm water or wastewater collection system. g. A flow-through process tank. h. 'A liquid trap or associated gathering lines directly related to oil or gas production and gathering opemtious. i. A tank in an underground area such as a basement or mine, ix' the tarE.: is on or above the surface of the floor. j. Pipes connected to the above exclusions. '"rani< type" means the material of consm~ction (steel, fiberg~2.ss refrfforced plastic [FPP], or other [specify]), and any intemaI or external protection such as a protective coating or wrapping, or cathodic protection. Identify the capacity in gallons and the substance stored in each tank. 5. Private Burial Sites - "Private Burial Site" means one or more ~raves containing human remains. For each site the n-ansfe~or shall state the location of the site. For each decedent buried on the proper~ the l~ansferor shall state all known identi~'ing information of that decedent including nnme, date of death, and date of birth. 6. Filing - The original of this form must be presented to tine county recorder when the document to be recorded is filed. The Recorder shall forward the original to the transferee when the recorded ins~ment is returned. The recorder is not required to keep any copies. DNR t'onn l July 99)