Vacate alley SW W 5th Finley HoMEMORANDUM
August12,2003
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Vacating Petition - Alley Southwest of West 5th Street
In response to a request from Finley Hospital to vacate an alley southwest of West 5th
Street, Public Works Director Mike Koch states that the City has no plans for the
utilization of the alley to be vacated or the right-of-way to be vacated, and all public
utilities have been removed from the alley right-of-way. Public Works Director Mike
Koch recommends approval of the request to vacate, that the purchase pdce be
established at $3,375, plus platting, publication and filing fees, and that a public headng
be scheduled for September 2, 2003.
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
Michael A. Koch, Public Works Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
August 11, 2003
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director ~/-/--~
Vacating Petition -Alley Southwest of W. 5th Street
INTRODUCTION
This is in response to a request from The Finley Hospital for the vacating of an alley
southwest of West 5th Street.
DISCUSSION
The attached plat shows the proposed area to be vacated. The abutting properties are
owned by The Finley Hospital. Finley Hospital plans on expanding an existin,g_ parking
lot along the alley with future improvements planned to the southwest of West 5u' Street.
The area to be vacated is divided into one lot numbered Lot 6A of Finley Home Addition
in the City of Dubuque. Lot 6A is an existing 20-foot wide alley. All public utilities have
been removed from the alley right-of-way.
The property has been valued at $1.25 per square foot, for a total of $3,375.
RECOMMENDATION
The City has no plans for the utilization of the alley to be vacated and the right-of-way to
be vacated.
I would recommend that the area indicated by Lot 6A of Finley Home Addition in the City
of Dubuque 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 September 2, 2003. I would
further recommend that the purchase price be established at $3,375, plus platting,
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 Ronald J. Turner, PLS
~,..-- -- Finley Property
~/*~&~ Proposed Alley Vacate
I,FINLE'f HOSPITAL
PROPOSED SF[E
THE FINLEY
HOSPITAL
IOWA HEALTH
June 26, 2003
350 N. GI~ANDViEW AVE~nOE
DUBUQUE, IOWA 52001-6392
319-582-1881 or 1400-582-1891
www.finleyhospl tal.org
Honorable Mayor and City Council
50 West 13th Street
Dubuque, IA 52001-4845
Re: Request to Vacate City Property
Dear Mayor and Council Members:
This letter is written to inquire about the possibility of vacating and obtaining title to a
portion of a city alley abutting The Finley Hospital property at 1408 Delhi Street. We
propose to use the vacated property for parking lot improvements to serve the medical
facilities.
We have contacted the Engineering Department in regard to the vacation and understand
that easements may need to be reserved for utilities across the vacated parcel. We also
understand that the vacated area would need to be surveyed and platted at our expense and
a fee paid for publication and filing fees.
A sketch outlining the location of the requested vacation is attached for your convenience.
Please call Rick Peterson, Director of Facilities at The Finley Hospital at 589-2347 ify0u have
any questions.
Thank you for your consideration of this request.
Sincerely,
President & C.E.O.
JUL O,1 200
VACATION Rl~QUEST
W. 5TH ST.
(so' ~.o.w.)
bLOT 3 ~'~
LOT 2
tOT 12
/
x/o..-
Vo, b.~.~
LOT 7
0
83'59'35"
69.59'
lOT 9
/ OF LOTS
LOT 14- Si[
2/3 \
/ LOT 1 ~
/ LOT 15
MINARD
/ LOT 1-16
TOTAL AREA SURVEYED: 7,84-4' SQ. FT.
pKEVIOgSLY YACATt~D
NORTH
-LOT 1-1 OF
LOTS 10 ~ 11
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th SlTeet, Dubuque, Iowa (563) 589-4270
RESOLUTION NO. 275-03
RESOLUTION APPROVING PLAT OF PROPOSED VACATED ALLEY
SOUTHWEST OF WEST 5TM STREET
Whereas, there has been presented to the City Council of the City of
Dubuque, Iowa, a plat dated the 5th day of August, 2003 prepared by IIW
Engineers & Surveyors, PC describing the proposed vacated alley southwest of
West 5th Street; 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 5th day of August, 2003 prepared by
IIW Engineers & Surveyors, PC 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 behaff 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.
2003.
Passed, approved and adopted this
18th day of August ,
Patricia A. Cline, Mayor Pro-Tern
Attest:
Jeanne F. Schneider, CMC, City Clerk
PLAT 0~- SURVEY
LOT 6A OF FINLEY HOME ADDITION IN TIlE CITY OF DUBUQUE, IOWA
WEST FIFTH STREET
__ ~ (50'
E
F
I N L E Y S~EET ~0~
DESORIP~ON
ALL THAT PART OF THE 20 FOOT WIDE ALLEY LOCATED
IN FINLEY HO~E ADDITION LYING SOUTHERLY
OF THE SOUTHERLY LINE OF WEST FIFTH
PROPRIETOR: O~TY OV OU~UOUZ STREET AND NORTHERLY OF THE NORTHERLY
SUR~D FOR: FINLEY ~OSPITAL LINE OF LOT ~A OF FINLEY HO~E ADDITION
IN THE CITY OF DUBUQUE, IO~A.
THIS SURVEY IS SUBJECT TO EASEMENTS,
coveNaNtS, a SZ W ONS,
AND NOT OF RECORD.
LEGEND
0 $0 ~0
DRA~NG ~AY HAVE BEEN REDUCED ( )
S~YORS,
P.C.
ORDINANCE NO. 65-03
ORDINANCE VACATING THE ALLEY SOUTHWEST OF WEST 5TM STREET
Whereas, The Finley Hospital has requested the vacating of the alley southwest of
West 5th Street; and
Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City
Council a plat showing the vacated alley southwest of West 5th Street and assigned a lot
number thereto, which hereinafter shall be known and described as Lot 6A of Finley Home
Addition in the City of Dubuque, Dubuque County, Iowa; and
Whereas the City Council of the City of Dubuque, Iowa has determined that the
alley southwest of West 5th Street is no longer required for pub c use and vacating of said
alley known as Lot 6A of Finley Home Addition in the City of Dubuque, Dubuque County,
Iowa should be approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real estate described as Lot 6A of Finley Home Addition in
the City of Dubuque, Iowa, be and the same is hereby vacated.
Passed, approved and adopted this 18th
day of August ,2003.
Patricia A. Cline, Mayor Pro-Tern
Attest:
Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 276-03
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT
6A OF FINLEY HOME ADDITION IN THE CITY OF DUBUQUE, IOWA
Whereas, The Finley Hospital has requested the vacating of an alley
southwest of West 5th Street; and
Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to
the City Council a plat showing the vacated alley southwest of West 5th Street
and assigned lot number thereto, which hereinafter shall be known and described
as Lot 6A of Finley Home Addition in the City of Dubuque, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has determined
that this alley southwest of West 5th Street is no longer required for public use,
except for utility easements as noted, and vacating and sale of said alley known
as Lot 6A of Finley Home 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
Lot 6A of Finley Home Addition in the City of Dubuque, Iowa,
Section 2. That the conveyance of Lot 6A of Finley Home Addition in
the City of Dubuque, Iowa to the The Finley Hospital be contingent upon the
payment of $3,375.00, plus platting, publication and filing fees.
Section 3. 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 ~
Jeanne F. Schneider, CMC, City Clerk
18th day of August ,2003.
Patricia A Cline, Mayor Pro-Tern
Prepared by: Ronald J. Tumer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO.
RESOLUTION DISPOSING OF CITY INTEREST IN LOT 6A OF FINLEY HOME
ADDITION IN THE CITY OF 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 this day of ,2003, the City Council of
the City of Dubuque, Iowa met on the day of ,2003, 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 6A of Finley Home Addition in the City of Dubuque, 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 6A
of Finley Home Addition in the City of Dubuque, Iowa to The Finley Hospital be and the
same is hereby approved for the sum of $3,375.00 plus cost of publication, platting and
filing fees. Conveyance shall be by Quit Claim Deed.
Section 2. 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 The Finley Hospital upon receipt of the purchase price in full.
Section 3. 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 .,2003.
Attest:
Terrance M. Duggan, Mayor
Jeanne F. Schneider, CMC, City Clerk
Prepared by: Ronald d. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
Address Tax Statement: The Finley Hospital, 350 North Grandview Avenue, Dubuque, IA 52001
QUIT CLAIM DEED
The City of Dubuque, Iowa, a municipal corporation of Dubuque County, Iowa, for Three
Thousand Three Hundred Seventy-Five and 00/100 Dollars ($3,375.00) and other good and
valuable consideration, does hereby Quit Claim unto:
The Finley Hospital
350 North Grandview Avenue
Dubuque, Iowa 52001
ail its rights, title, and interest in the following described real estate situated in Dubuque
County, Iowa, to-wit:
Lot 6A of Finley Home Addition in the City of Dubuque, Dubuque County, Iowa
No declaration of value is required according to Iowa Code Section 428A.1.
This deed is given pursuant to the authority of Resolution No. of the City of
Dubuque, adopted , 2003, the terms and conditions thereof, if any, having
been fulfilled.
Signed this day of ,2003.
CITY OF DUBUQUE, IOWA
By:
Terrance M. Duggan, Mayor
Attest:
By:
Jeanne F. Schneider, CMC, City Clerk
STATE OF IOWA
DUBUQUE COUNTY
)
) ss
)
On this __ day of ., 2003, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Terrance M. Duggan and Jeanne F.
Schneider, to me personally known, who being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a municipal corporation;
that the seal affixed to the foregoing instrument is the corporate seal of said corporation, by
the authority of its City Council, as contained in Ordinance No. 2-5 of the City of Dubuque
Code of Ordinances, passed by Resolution of the City Council under Resolution No. of
the City Council on the __ day of 2003; and Terrance M. Duggan and
Jeanne F. Schneider acknowledged the execution of the instrument to be their voluntary act
and deed and the voluntary act and deed of the corporation, by it voluntarily executed.
Notary Public In and For Said State.
PREPARED BY: IIW ENGINEERS & SURVEYORB P.C. 4155 PENNSYLVANIA AVE. DUBUQUE. IOWA. (563) 556--24B4
PLAT OF SURVEY
LOT 6A OF FINLEY HOME ADDITION IN THE CITY OF DUBUQUE, IOWA
WEST FIFTH STREET
-- ~ (50')
~ ~ ~ __ S 83'59'$~', ~--
·/.¢' ,.
N ~~~'~ A D D I T t O N
/ ~/ ~o ~
~ / ~ . /
DESCRIPTION
ALL THAT PART OF THE 20 FOOT WiDE ALLEY LOCATED
IN FINLEY HOME ADDITION LYING SOUTHERLY
OF THE SOUTHERLY LiNE OF WEST FIFTH
PROPRIETOR: CITY OF DUBUQUE STREET AND NORTHERLY OF THE NORTHERLY
SUR~D FOR: FINLEY HOSPITAL LINE OF LOT 4A OF FINLEY HOME ADDITION
IN THE CITY OF DUBUQUE, IOWA.
THIS SURVEY IS SUBJECT TO EASEMENTS,
NO~TH mzs~m,c~,oNs AN~ m~O,~S-OF-WAY O~ RZCOm~
AN~ NO~ OF mzCOm~.
GRAPHIC SCALE LEGEND
0 }0 60 PLAT BOUNDARY
~ FOUND 5/8" IRON ROD W/
PLASTIC CAP NO. 126~1 UNLESS NOrD
SCALE: 1"=50' 0 SET 5/8" IRON ROD W/
PLASTIC CAP NO. 126,31
DRAWING MAY HAVE BEEN REDUCED ( ) RECORD INFORMATION
x~xxx~x' ~ 0 W fl//~//// AND ~E RE~D SURLY WORK WAS PERFORMED BY ME OR UNDER MY~ S~O~S, ~.C.
~ ~ JOHN M. % ~ 4~55 penns~vanla Ave.
~ ~ TRANMER ~ ~
=-E:¢- Zo~ F~~~A~ Dubuque, IA 52002
~ o ~ LS 12631 ~ x = . ~__~ ¢~ 565.556.2~64
~ ¢ ~ / ~ ~ JOH~ M. ~ANM~ ~ DA~ H~Ze~ Breen, ~
~A~ ¢~ ~IS SHEET ONLY
OWNER'S CONSENT
, Iowa ,20.__
The foregoing plat of Lot 6A of Finley Home Addition in the City of Dubuque, Iowa, is made with
the free consent and in accordance with the desires of the undersigned owners and proprietors of
said real estate.
FOR THE CITY OF DUBUQUE, IOWA
By
Terrance M. Duggan, Mayor
By
Jeanne F. Schneider, City Clerk
State of Iowa )
) SS:
County of Dubuque )
On this day of ,20 , before me a Notary Public in and for the
County of Dubuque and State of Iowa, personally appeared Terrance M. Duggan and Jeanne F.
Schneider, to me personally known who, being duly sworn did say that the said Terrance M.
Duggan is Mayor and the said Jeanne F. Schneider is City Clerk of the City of Dubuque, Iowa,
and that said instrument was signed on behalf of the said City of Dubuque, Iowa, by authority of
the City Council of said city, and the said Terrance M. Duggan and Jeanne F. Schneider
acknowledged the execution of said instrument to be the voluntary act and deed of said City of
Dubuque, Iowa, by it voluntarily executed.
Witness my hand and notarial seal on the date Iast above written.
Notary Public in and for the Said County
My Commission Expires
CITY COUNCIL
Dubuque, Iowa ,2~__
The undersigned Mayor and Clerk of the City of Dubuque, Iowa, do hereby certify that the
foregoing plat in the City of Dubuque, Iowa as appears on Sheet 1 hereof 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.
By_
Terrance M. Duggan
Mayor of the City of Dubuque
By_
Jeanne F. Schneider
Clerk of the City of Dubuque
COUNT(AUDITOR
Dubuque, Iowa ,2~__
The foregoing plat was entered of record in the o~ce of the Dubuque County Auditor this
__day of ,20
County Auditor of Dubuque County, Iowa
CITY ASSESSOR
Dubuque, Iowa ,20__
The foregoing plat was entered of record in the office of the Dubuque City Assessor this
day of ,20__
City Assessor of Dubuque, Iowa
Prepared by: Ronatd J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, iowa (563) 589-4270
Address Tax Statement: The Finley Hospital, 350 North Grandview Avenue, Dubuque, IA 52001
QUIT CLAIM DEED
The City of Dubuque, Iowa, a municipal corporation of Dubuque County, Iowa, for Three
Thousand Three Hundred Seventy-Five and 00/100 Dollars ($3,375.00) and other good and
valuable consideration, does hereby Quit Claim unto:
The Finley Hospital
350 North Grandview Avenue
Dubuque, Iowa 52001
all its rights, title, and interest in the following described real estate situated in Dubuque
County, Iowa, to-wit:
Lot 6A of Finley Home Addition in the City of Dubuque, Dubuque County, Iowa
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 , 2003, the terms and conditions thereof, if any, having
been fulfilled.
Signed this day of , 2003.
CITY OF DUBUQUE, IOWA
By:
Terrance M. Duggan, Mayor
Attest:
By:
Jeanne F. Schneider, CMC, City Clerk
STATE OF IOWA
DUBUQUE COUNTY
)
) ss
)
On this day of , 2003, 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 , 2003; 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 - 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)
TRANSFEROR Name
City of Dubuque
Address 50 W. 13th ~reet
Dubuque, IA 52001-4864
State Zip
TRANSFEREE Name
The Finley Hospital
Address 350 North Grandview Avenue
Dubuque, IA 52001
City, Town or P.O.
Address of Property Transferred
Legal Description of Property
Lot 6A of Finley Home Addition in the City of Dubuque, Dubuque County,
Iowa
I. Wells (check one) 151 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.
[] There is a solid waste disposal site on this properey, but no notice has been received from the Deparunent of Nataral Resources that the
site is deemed to be potentially hazardous.
[] There is a solid waste disposal site on this property which has b~en deemed to be potentially hazardous by the Department of Natural
Resources. The location(s) nfthe site(s) is stated below.
3. Hazardous Wastes (cheek one) ~ There is no known hazardous waste on this property.
E There is hazardous waste on this property and it is being managed in accordance with Department of Natmal Resources roles.
4. Underground Storage Tanks (check one)
~ There are no known underground storage trunks on this property. (Note exclusions such as small farm and residential motor fuel tanks,
most heating oil tanks, cisterns and septic tanks, in instructions.)
U There is an underground storage tank or tanks on this property. The type(s), size(s) and any known substance(s) contained are described
below.
5. Private Burial Site (check one) ~ There are no known private burial sites on this property.
[] 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, requked 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 AND CORRECT
_..__c~. a~oc~h. P~b] i ~j ~ ~l -O ~S Telephone Number:
Signature: tTrausferororAgent) Mi 'c Works Director
PART H - TO BE COMPLETED BY RECORDER
Date of Instrument Book/hD. Page/I.D.
Date of Recording City or Township
Deed [] Contracl [] County
DNR form (July 99) FILE 'WITH RECORDER
(See Iustmction #6)
INSTRUCTIONS FOR COMPLETING GROUNDWATER HAZARD STATEMlgNT
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 in~mnnents of conveyance of real property with the
county recorder (Iowa Code Section 558.69). The DeparUuent 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 fi.om 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 twell,
etc3 by numbering it with the corresponding 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.
When describhig the location of a facil/ty on the property, be
reasonably premse, such as a specific distance and general
direction fi.om a landmark or comer of the property. A
professional survey is not necessary. The following defmitions are
for use in completing the form
1. Wells - A "well" is any excavation that is drilled, cored, bored,
augered, washed, driven, dug, jetted or otherwise coustracted for
accessing groundwater or ['or diverting surface water into the
ground, including abandoned wells. "Well" does not include an
open ditch or drainage tiles which discharge to the surface.
[f a well is an "abandoned well" or an "agricultural drainage well,"
this must be identified and the status of the well with respect m
Iowa Code sections 455B.190 and 159.29. respectively, must he
stated. An "abandoned well" is a well no longer in use or in such
state of disrepair that continued use ~s unsafe or impracticable.
Abandoned wells are m be properly plugged in accordance with
chapter 39 of the roles of the Deparunem of Natural Resources.
(567 Iowa Administrative Code, Chapter 39)
3. Hazardous Wastes - "Hazardous waste" is defined in Iowa
Code section 455B.411, 567--141.2 (455B), I.A.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, agric~iltural wastes returned to the soil as
fertilizers or soil conditioners, agricultural chemicals applied or
disposed of by a farmer in accordance with the manufacturer's
instmcfious, triple-rinsed agricultural chemical containers
disposed of by farmers (where the rinsate is used as makeup
water in the tankmix and applied at appropriate mtes), and other
specific materials. Persons are legally required to be aware of
hazardous waste laws.
4. Underground Storage Tanks- "Underground storage tank"
means one or a combination of tanks, including underground
p~ping 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 ox toxic materials
identified in 567--135.2(455B), I.A.C. Underground storage
tank 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 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.
£ 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 taruk in an underground area such as a basement or mine, if
the tn.ak is on or above the surface of the floor.
j. Pipes connected to the above exclusions.
An "agricultural drainage well" is a well consU'ucted 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 required to
be registered with the department by September 30, 1988. and the
owner of the well and of the land drained by the well are to
develop a plan proposing alternatives m the use of the well by
July 1, 19981 See Iowa Code Section 159.29.)
2. Solid Waste - "Solid waste" means garbage, refuse, rubbish
and other shullar 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 (I.A.C.) for ~urther de£mitions. 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 depamnent.
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 require to
the deparirnent.
"Tank type" means the material of construction (steel, fiberglass
reinforced plastic [FRP], or other [specify]), and any internal or
external protection such as a protective coating or wrapp'mg, 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 graves containing human remams. For each site the
transferor shall state the location of the site. For each decedent
buried on the property the transferor shall state all known
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 the
recorded inamnnent is returned. The recorder is not required to
keep any cop~es.
*Note The land application of sludges or soils resulting fi.om the
remedlation of underground storage tank releases accomplished in
compliance with Department of Natural Resources roles without a
permit 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)