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
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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)