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Sale of Property_1052 Rush StreetMasterpiece on the Mississippi Dubuque kritol A I- AnerlcaCity 11111! 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Public Hearing for the Disposition of Property on 1052 Rush Street DATE: July 22, 2011 Economic Development Director Dave Heiar is recommending the sale of a City -owned vacant lot at 1052 Rush Street to Routley Construction for $5,000 for participation in the East Central Intergovernmental Association plan for the Iowa Department of Economic Development Single - Family New Production Round #2 Program. ECIA submitted a development plan to the IDED for the Single - Family New Production (SFNP) Round #2 program to provide down payment assistance to income qualified households allowing them to purchase newly constructed homes in 13 cities in the ECIA region, including Dubuque. ECIA has a contractor (Routley Construction) who is willing to work with them and build two 1,052 SF houses with 3- bedrooms, 2- baths, rough -in a full basement for future bath, 2 -car garage and sell the houses for $100.000 each if the contractor can secure inexpensive lots. Routley Construction has been in business for 25 years, has built 75 homes, and has experience building homes in this price point. ECIA anticipates the houses will actually have values above $100,000; however they are locked into the $100,000 sale figure. The Planning Department previously made ECIA aware of several City -owned lots that the City may be interested in disposing. Currently there is a lot on Rush St. that would be great for building. The contractor indicated he could pay $5,000 for the Rush St. lot, while still staying within budget. If the lot cost is higher than this amount, the contractor will need to reduce the size or some of the features in the house. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:jh Attachment Michael C. Van Milligen cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David J. Heiar, Economic Development Director 2 Masterpiece on the Mississippi TO: Michael Van Milligen, City Manager FROM: David J. Heiar, Economic Development Director SUBJECT: DATE: July 20, 2011 Dubuque AO-Ammicacitr 2007 Public Hearing for the Disposition of Property on 1052 Rush Street INTRODUCTION This memorandum presents for City Council consideration a resolution on the disposition of City owned parcel on 1052 Rush Street to Routley Construction to construct a new house. BACKGROUND On July 18, 2011, the City Council set a public hearing for August 1st on the disposition of City owned parcel on 1052 Rush Street to Routley Construction to construct new a house for the Single - Family New Production (SFNP) Round #2 program. ECIA submitted a development plan to the IDED for the Single - Family New Production (SFNP) Round #2 program to provide down payment assistance to income qualified households allowing them to purchase newly constructed homes in 13 cities in the ECIA region, including Dubuque. The development plan included a project budget listing sale prices of homes, prices which cannot be amended. The Dubuque element of this regional plan included two Habitat for Humanity houses with sale prices of $100,000 in the program, the least expensive houses due to the HFH volunteer labor and donated materials. HFH had to withdraw both houses because they could not get a clear title to purchase one lot and the other lot was initially in the floodplain and an ineligible site. Updated floodplain maps showed the site to be outside the floodplain, however HFH had already excavated and poured the footings and foundation prior to any environmental clearance work being done, making the site ineligible. HFH staff informed ECIA they do not intend to construct another new house until sometime in 2013 at the earliest. As a result ECIA was unable to work with HFH with this program as planned when the grant was awarded. However, ECIA is locked into the $100,000 sale price per house that was included in the development plan budget. ECIA has a contractor ( Routley Construction) who is willing to work with them and build two 1,052 SF houses with 3- bedrooms, 2- baths, rough -in a full basement for future bath, 2 -car garage and sell the houses for $100.000 each if the contractor can secure inexpensive lots. Routley Construction has been in business for 25 years, has built 75 homes, and has experience building homes in this price point. ECIA anticipates the houses will actually have values above $100,000; however they are locked into the $100,000 sale figure. The Planning Department previously made ECIA aware of several City -owned lots that the City may be interested in disposing. Currently there is a lot on Rush St. that would be great for building (see attached map). The contractor indicated he could pay $5,000 for the Rush St. lot, while still staying within budget. If the lot cost is higher than this amount, the contractor will need to reduce the size or some of the features in the house. DISCUSSION Routley Construction is requesting that the City consider selling the Rush St. property for $5,000. ECIA has approved applicants for the house and the contractor could begin construction as quickly as we can obtain environmental clearances, estimated to be received within six weeks. Further, the SFNP program requires a minimum of 51 % of the houses constructed in the program be sold to households with 80% of the county median household income, which both applicants are eligible. ECIA has been required to delay the entire SFNP program until they can meet the 51 % and these two new houses would help ECIA in meeting that goal. RECOMMENDATION I recommend that the City Council approve the disposition of property on 1052 Rush Street to Routley Construction pending an acceptable Development Agreement which assures that a single family house will be constructed on the lot as part of the SFNP program sponsored by ECIA. ACTION STEP The action step is for the City Council to adopt the attached resolution. F: \USERS\Econ Dev \ECIA\20110720 Public Hearing sale of property Rush st to ECIA for SFNP memo.docx 2 RESOLUTION NO.232 -11 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE AND FIXING THE DATE FOR A PUBLIC HEARING • OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE PROPOSED DISPOSITION OF CITY OWNED PROPERTY TO ROUTLEY CONSTRUCTION AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property); Lot 171 Union Addition in the City of Dubuque, Iowa (1052 Rush Street); and Whereas, East- Central Intergovernmental 7 Association (ECIA) is the sponsor of the Single Family New Production Program (SFNP) (Sponsor); and Whereas, City, has tentatively agreed to sell the Property to I Routley Construction, subject to the approval of a Development Agreement between 1 City and Routley by the City Council which N OTICE OF A PUBLIC Development Agree- ment will include the following conditions: *Sale price $5,000 due at closing •Single family home valued at $100,000 shall be constructed within 12 months of closing •Contractor shall participate in the SFNP Program sponsored by East Central Inter- governmental Agency and Whereas, the City Council has tentatively determined that it would be in the best interests of the City to approve the sale of the Property to Routley which meeting the City Construction. Council proposes . to NOW THEREFORE, BE I take action disposing IT RESOLVED BY THE CITY COUNCIL OF THE i of the City's interest by Deed to Routley CITY OF DUBUQUE, 1 ConstrUction in the IOWA: • following described real estate: Lot 171 Union Addition in the City of Dubuque, Iowa (1052 Rush Deed to Routley Con- Street) struction subject to the Subject to approval of conditions described., a Development Agree- ment which shall include the following conditions: •Sale price $5,000 due Section 1. The City of Dubuque intends to dispose of its interest in the foregoing - described Property by Passed, approved and adopted this 18th day of July, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting Citj! Clerk Published officially in the Telegraph Herald Newspaper the 22nd day of July, 2011. HEARING OF THE CITY.. - CQUNCIL _ OF THE CITY OF DUBU- r. N OF THE ' OF THE CITY'S INTE- REST IN CERTAIN I REAL ESTATE TO ROUTLEY CONSTRUC- TION PUBLIC NOTICE ;Is hereby given that the City Council of the City of Dubuque, Iowa, will hold a public hearing on the 1st day of August, 2011, at 6:30 p.m. hambers City Council I Historic Federal Build- ing, 350 W. 6th Street, Dubuque, Iowa, at herein. Section 2. The City Clerk is hereby author- ized and directed to at closing cause this Resolution) *Single family home and a notice to be valued at $100,000 scib eded as pre- shall be constructed Section by Iowa• Code within 12 months of Section 364.7 of a ' public hearing on the, closing .Contractor shall of City's y ty's intent to dispose participate in the SFNP described Prooperty, per tgo l Program sponsored by be held on day East Central Inter - of f o'clock August, the 1st 6:30 0 I governmental Agency { p.m. . 2011, at At the meeting, the Council uncil Cr p.m. in n the City City Council will the Historic Federal Co d l receive oral and Historic Chambers written objections from I Street, Building, W. 6th any resident or I , D Dubuuqq ue, Iowa. � property owner of said Sec 3. The Clerk is City to the above hereby directed to I' action. After all objec- cause io at least one 1 bons, have been of li o a notice e of made m t notice of said received and con - sidered, the City meeting, in a hews_ 1 Council may at this paper, , printed wholly meeting or at any in the published' Iona adjournment thereof, least once rage, - pu at I take additional action g weekly, and -for the disposition having general , said I the City's n terest in ration in said City, said r such real estate above. publication days nor BY order of the City more than four w days ay II Council said hearing mo thae twe days 1i and appeals there from before the date of said i, meeting on the shall be held in issuance of said I, accordance with and obligations. governed by the 1 provisions of brie Code of Iowa. This notice is.iiVeri' order Of the City Council of the City of Dubuque, Iowa, as "provided by the Code `of Iowa. Dated this 22nd day of July, 2011. Kevin 5. Firnstahl /s /Kevin S. Firnstahl, 1 Acting City Clerk of 1 Acting City Clerk . Dubuque, Iowa 1t 7/22 1 It 7/22 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Kathy Hefel - Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: July 22, 2011, and for which the charge is $62.38. /1 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this cfl day of , 20 ( . y Public in and for Dubuque County, Iowa. JANET K. PAPE Commission Number 199659 My Comm, Exp. DEC 11, 2013 Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330, Dubuque IA 52001 563 583 -4113 Return to: Barry A. Lindahl, Esq. 300 Main Street Suite 330, Dubuque IA 52001 563 583 -4113 and RESOLUTION NO. 252 - 11 DISPOSING OF AN INTEREST IN CITY OWNED PROPERTY TO ROUTLEY CONSTRUCTION ; and Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property); Lot 171 Union Addition in the City of Dubuque, Iowa (1052 Rush Street) Whereas, East - Central Intergovernmental Association (ECIA) is the sponsor of the Single Family New Production Program (SFNP) (Sponsor); and Whereas, City has tentatively agreed to sell the Property to Routley Construction, subject to the approval of a Development Agreement between City and Routley by the City Council which Development Agreement will include the following conditions: • Sale price $5,000 due at closing • Single family home valued at $100,000 shall be constructed within 12 months of closing • Contractor shall participate in the SFNP Program sponsored by East Central Intergovernmental Agency Whereas, the City Council has determined that it would be in the best interests of the City to approve the sale of the Property to Routley Construction. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque approves the disposition of the City's interest in the foregoing described Property to Routley Construction subject to the conditions described herein. Attest: Section 2. The Mayor is hereby authorized and directed to sign this Resolution. Passed, approved and adopted this 1 day of August, 2011. Kevin S. Firnstah , Acting City Clerk Roy Buol, Mayor F: \USERS\Econ Dev\ECIA\20110720 ECIA Resolution Public Hearing on sle of pr Rush St_bal.docx Masterpiece an the M7 sfSStppt City of Dubuque Property PIN 1025384006 - between 1064 and 1040 Rush St DAGIS O.IVO.f MIA CIDEIIIMK IwIDIM*TIO. 371T711 111ei- 111Hai les -1•1,eed , 1•e•ll.ewPooI gMe11•.1,..%Ow (orafl, ■M11 b1.4 .W y 1,.n r w w.1,. ass D.wnwCowry. KrrwrIdalli,r e.. acr .r ,t . d .... r•redr.MM.e.el.irel. t..t c.TMK W .aOIN. MI.,..H..�Iw e1ee1 M n.Iwe. +a ma wen* c.. K...n wewwr w1. YOMMed.w se Ma sMYSt .I . 1Te ra1w1 r.n lle..Ye M. 1,ew Ail sot In 1,r b.l. M.wl M..{,•u..t ecunK ....00.111114 MO* ammeles Wafter w ,..w..a. NM. .....1,1•..1.1.olINI....o w M 4r wMYr1111,1. ww Ills deb w old .q lima se I■T �7 llN' nd A 1 inch = 50 feet 25 0 45GP X17 / ae.,r'd 50 Feet A19. rs fL% Map Prepared by TM Cdy of Dubuque Fngineerng Division 50 West 13th Street Dubuque, Iowa 52001 Phone: (563) 589-4270 Fax (563) 589-4205 H:\EngineerIng1Maps for Stall \Ron TurnetCity Lots for Sak Doc ID: 007156520007 Type GEN Kind DEED WITH RESOLUTION Recorded: 09/21/2011 at 04:15:20 PM Fee Amt: $42.00 Page 1 of 7 Revenue Tax: $0.00 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e201 1_00013431 Prepared by: Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, IA 52001 563 - 583 -4113 Return to: Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, IA 52001 563 - 583 -4113 Tax Statement to: Routley Construction, L.L.C. 12701 Pine View Drive Peosta, IA 52068 SPECIAL WARRANTLY DEED KNOW ALL MEN BY THESE PRESENTS: that the City of Dubuque, Iowa, a municipal corporation of the State of Iowa (Grantor), in consideration of the Grantee named below undertaking the obligations of the Buyer under the Offer to Buy Real Estate and Acceptance described below and the sum of Five Thousand Dollars and no /100 Dollars ($5,000.00) and other good and valuable consideration, does hereby GRANT, SELL AND CONVEY unto Routley Construction, L.L.C., an Iowa limited liability company (Grantee), the following described parcel(s) situated in the Count of Dubuque, State of Iowa, to wit (the Property): Lot 171 Union Addition in the City of Dubuque, Iowa This Deed is exempt from transfer tax pursuant to Iowa Code section 428A.2(6). This Deed is given pursuant to the authority of Resolution No. 252 -11 of the City Council of the City of Dubuque adopted the 1st day of August, 2011, the terms and conditions thereof having been fulfilled. This Deed is being delivered under and is subject to all the terms, provisions, covenants, conditions and restrictions contained in that certain Offer to Buy Real Estate 500 3700 ?City Clerk and Acceptance executed by Grantor and Grantee herein, dated the 18th day of August, 2011 (the Agreement). Promptly after completion of the improvements in accordance with the provisions of the Agreement, Grantor will furnish Grantee with a Certificate of Completion in the form set forth in the Agreement. Such certification by Grantor will be, and the certification itself will so state, a conclusive determination of satisfaction and termination of the agreements and covenants of the Agreement and of this Deed with respect to the obligation of Grantee, and its successors and assigns, to construct improvements and the dates for the beginning and completion thereof, it being the intention of the parties that upon the granting and filing of the Certificate of Completion that all restrictions, re- vesting of title, and reservations of title contained in this Deed (including, without limitation, those set forth below regarding an event of default) be forever released and terminated. All certifications provided for herein will be in such form as will enable them to be recorded with the County Recorder of Dubuque, Iowa. In the event than an event of default occurs under the Agreement, then Grantor will have the right to re -enter and take possession of the Property and to terminate and re -vest in Grantor the estate conveyed by this Deed to Grantee, its assigns and successors in interest, in accordance with the terms of the Agreement. None of the provisions of the Agreement will be deemed merged in, affected or impaired by this Deed. Grantor hereby covenants to warrant and defend the said premises against the lawful claims of all persons whomsoever claiming by, through and under it. Dated this Wit-September, 2011. CITY OF DUBUQUE, IOWA By: !7 Lypin V. Sutton, Mayor Pro -Tem Attest: Ke n S. Fir, stahl, City Clerk STATE OF IOWA ) ) COUNTY OF DUBUQUE ) SS On this lAlay of September, 2011, before me a Notary Public in and for said County, personally appeared Lynn V. Sutton and Kevin S. Firnstahl, to me personally known, who being duly sworn, did say that they are the Mayor Pro -Tem and City Clerk of the City of Dubuque, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor • Acting City Clerk acknowledged said instrument to the be free act and deed of sa unicipal Corporation by it voluntarily executed. Nota Public in and for Dubuque County, Iowa F: \USERS \tsteckle \Lindahl \Routley Construction \Rush Street Special Warranty Deed_091911.doc VA:, BARRY A. LINDAHL Comm. Exp.0 re'ti Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330, Dubuque IA 52001 563 583 -4113 Return to: Barry A. Lindahl, Esq. 300 Main Street Suite 330, Dubuque IA 52001 563 583 -4113 RESOLUTION NO, 252 -11 DISPOSING OF AN INTEREST IN CITY OWNED PROPERTY TO ROUTLEY CONSTRUCTION Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property); Lot 171 Union Addition in the City of Dubuque, Iowa (1052 Rush Street) ; and Whereas, East - Central Intergovernmental Association (ECIA) is the sponsor of the Single Family New Production Program (SFNP) (Sponsor); and Whereas, City has tentatively agreed to sell the Property to Routley Construction, subject to the approval of a Development Agreement between City and Routley by the City Council which Development Agreement will include the following conditions: • Sale price $5,000 due at closing • Single family home valued at $100,000 shall be constructed within 12 months of closing • Contractor shall participate in the SFNP Program sponsored by East Central Intergovernmental Agency and Whereas, the City Council has determined that it would be in the best interests of the City to approve the sale of the Property to Routley Construction. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque approves the disposition of the City's interest in the foregoing described Property to Routley Construction subject to the conditions described herein. Section 2. The Mayor is hereby authorized and directed to sign this Resolution. Passed, approved and adopted this 1st day of August, 2011. Roy Buol, Mayor Attest: Kevin S. Firnstah , Acting City Clerk F: \USERS\Econ Dev\ECIA\20110720 ECIA Resolution Public Hearing on sle of pr Rush St_bal.docx RESOLUTION N0. 232-11 INTENT TO DISPOSE ; OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE AND. • FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CRY OF DUBUQUE, IOWAONUE - PROPOSED DISPOSITION DECRY OWNED PROPERTY - TO ROUTLEY' CONSTRUCTION AND PROVIDINO FORME ' PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) Is • the owner of , • following real proerty (the Property); ' Lot 171 Union Addition In the City of Dubuque, Iowa (1052 Rush ' Street); and -, Whereas, East- Central Intergovernmental ir Association (E CIA) N the , Single FamIly New Production'" Program (SFNP) (Sponsor); and Whereas, City, has, tentatively agreed to; sell the Property to Routley Construction, subject to the approval of a ' Development Agreement between. City and RouUey by the City Countll whlch�- NOi�7Cf£f1TA PUBLIC Development Agree- jHEARIRd -.oF- THE ment will Include the C Flu: following conditions: OF DUBU- •Sale price 55,000 due r q at closing QUE, A. `Ott THE I -, I •Single lamlIy home LfA OFTNE SALE r .1 valued at 5100,000 p0THE CII CERTAIN I shall be constructed I'� within 12 months of REAL ESTATE TO II closing • ROUILEY CONSTNUC' -.Contractor shall tON-- participate In the SFNP T PnBUC NOTICE is Program sponsored by hereby nuncll that Cthe East Central Inter- q1 Dubuque Iowa. vdll and governmental Agency hold a public hearing. Whereas, the City on the ;Set day 00 Council has tentatively August, 7011, at 6:30 ` determined that ch . (11 the CI a� au he I would be In the best HI0(ortc federal Build -I Interests of the City to • Ing, 350 W. nth Street, approve the sale of the Uq Property to Routley' whlcfiileettng the City Construction. Countll proposes to NOW THEREFORE, BE l take action dlsposIppg IT RESOLVED BY THE ofth ciry•sl8erest by CITY COUNCIL OF THE Deed to •outlet' CITY OF DUBUQUE, Co 0 the IOWA: • follosVing','Td cdbed I Section 1. The City of 'Intent eal estate: , Dubuque Intends to 971 Union Addition dispose of Ns Interest e qty o0,Ouhuque, In the foregoing -, Iowa '• 0052 Rush described Property by; Sheen Deed to ,gbJecy Con- Subject Po approval of conditions added to the a DevelopmenR Agree - conditions described. meet which shall herein. Include the following Sk Is hereby e The qty tondNons. 1 Clerk and dereby author-, .Saleydce $5,000 due Ired and directed to at doSlp0 cause this Resolution Sing a fapllly hiume and a notice to e- ,�uetl at 5100,000 published as pre - be consWCtedl suction by Iowa Code i Section 364.7 of a Iq 12 months ofd public hearing on the tloslhg Cttys Intent to dispose Contractor shall of the foregoing P 91cats In theed by described Property. to East • Central be held held an the 1st day governmental Agency of August, 2011, at 630 th o'clock p.m. In the CIO .City the C000 will Council Chambers at, the Historic Federal recetes o and • Building, 350 • W. 6th , ^oesident from Str eet Dubu he, Iowa. propert owner of said 1 Section directed Clerk Is Chy to. the • above • hereby dlre�ed to act on. After an- oblec- cause at least one U00s. have been ' publltatlon (0 be made • retched and con-1 a g. the of said sldered, the City meeting, e d news- Coupcll. may 'at this Ppaper, printed wholly meeting 'or' at any n the English long• adjournment thereof. urge, published at take additional atton' least once weepy, and T>rOr th0 disposition of having general dreu- the CK7%s Itteresl RI cation In said City, said g1I;,, real estate above. publication to be not,) " eL�o f the ,CRY more than Pour days nor $ szld healing more than twenty days I •'^� appeals there 000rtl before the date of said meeting on the .s all be held In issuance of said governed w and obligations, governed by the Passed, approved and p 13(0ns of Ole Code adopted affil 1811, day , oflgwa 05 of July, 2011. This Rona! 15 given Roy D. Boot, Mayor order Of the 'City, Attest );oUncil 60 the CI , of Kevin S.Fimstahl, f999999, 10W9, as; Acting CIO/ CIerIl roYlded by the Code Published officially In I f10Wa• th( Telegraph Herald Dated this 22nd day of Newspaper the 22nd 12017,2011. day of July, 2011. Kevin 5. Flrnstahl I • /s/Kevin 5. Firnstahl. Acting Clty Clerk of� Acting City Clerk Dubuque, Iowa It7/2 - 117/22 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Kathy Hefel- Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: July 22, 2011, and for which the charge is $62.38. ( `✓ Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this opt day of Qt - , 20 11 • -k< Nta#y Public in and for Dubuque County, Iowa. JANET K. PAPE Commission Number 159859 My Comm. Exp, DEC 11, 2013 CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, Acting City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such Acting City Clerk I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 252 -11 is a correct copy of the original Resolution No. 252 -11 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 1st day of August, 2011. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 30th day of August, 2011 (tEALf �1 K- in S. Firnstahl Acting City Clerk APIIIIIHEITIRII Recorded: 09/21/2011ZatD04 :15:45 PM Fee Amt: $0.00 Pape 1 of 2 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2011- 00001403 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name City of Dubuque, Iowa Address 50 West 13th Street Dubuque Iowa 52001 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name Routley Construction, L.L.C. Address 12701 Pine View Drive Peosta Iowa 52068 Number and Street or RR City, Town or P.U. State Lip Address of Property Transferred: 1052 Rush Street Dubuque Iowa 52003 Number and Street or RR City, Town, or P.O. State Zip Legal Description of Property: (Attach if necessary) Lot 171 Union Addition in the City of Dubuque, Iowa 1. Wells (check one) X 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 or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) X There is no known solid waste disposal site on this property. There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) X There is no known hazardous waste on this property. _ There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) X There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) _ There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542 -0960 (Sept. 1, 2010) d,0 II - i (-c?�I 5. Private Burial Site (check one) X 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) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) All buildings on this property are served by a public or semi - public sewage disposal system. X This transaction does not involve the transfer of any building. There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. _ There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. _ There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] _ This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: Signature: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. (Transferor or Agent) FILE WITH RECORDER Telephone No.: ( 563 ) 583 -4113 DNR form 542 -0960 (Sept. 1, 2010)