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Petition to Vacate_Public Alley Abutting 1900 Block of Garfield AvenueMasterpiece on the Mississippi TO: FROM: SUBJECT: DATE: Dubuque All- AmedcaCity 1 ' 2007 The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Petition to Vacate a Portion of Alley in the 1900 Block of Garfield Avenue August 30, 2011 In response to a request from Brian Goranson to vacate a portion of the public alley abutting 1902, 1912, 1946, 1952 and 1956 Garfield Avenue, City Engineer Gus Psihoyos states that the City has no plans for the utilization of that portion of the public alley and the City will not reserve the vacated area for easements since no utilities lie within the area, except for each owner's sanitary sewer lateral. The area to be vacated has never been open to traffic and has been utilized as yards and maintained by the abutting property owners for many years and the abutting property owners have agreed to purchase their portion of the alley abutting their lots and share in the cost of surveying and platting. City Engineer Gus Psihoyos recommends City Council approval of the vacation of a portion of public alley abutting 1902, 1923, 1946, 1952 and 1956 Garfield Avenue and that the fee be established as follows for each party to cover the cost of processing, publication and filing fees: Brian A. Goranson Vicki Ann Dolter Brandon J. Bass Joseph W. & Debra A. Miller William D. & Monica S. Meissner 1956 Garfield Avenue 1952 Garfield Avenue 1946 Garfield Avenue 1912 Garfield Avenue 1902 Garfield Avenue $200.00 $100.00 $200.00 $200.00 $200.00 I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer C SUBJECT: Petition to Vacate A Portion of Alley in the 1900 Block of Garfield Avenue DATE: August 26, 2010 CD Dubuque kittrill AH- Anelcacity 2007 INTRODUCTION A request has been received from Brian Goranson for the vacating of a portion of a public alley abutting 1902, 1912, 1946, 1952, and 1956 Garfield Avenue in the City of Dubuque. DISCUSSION The attached plat shows the area proposed to be vacated. The abutting properties are owned by Vicki Dolter, Brandon Bass, Joseph & Debra Miller and William & Monica Meissner. The area proposed to be vacated has never been open to traffic and has been utilized as yards and maintained by the abutting property owners for many years. The remainder of the alley right -of -way north of the proposed vacating will remain public right -of -way since it is used as access to the abutting properties. The area proposed to be vacated currently separates lots owned on both sides of the alley by the above property owners. The City will not reserve the vacated area for easements since no utilities lie within the area except for each owner's sanitary sewer lateral. The City has no plans for the utilization of the public alley abutting 1902, 1912, 1946, 1952, and 1956 Garfield Avenue proposed to be vacated. The abutting property owners have agreed to purchase their portion of the alley abutting their lots and share in the cost of surveying and platting. RECOMMENDATION I would recommend that the public alley abutting 1902, 1912, 1946, 1952, and 1956 Garfield Avenue in the City of Dubuque, as shown on the attached plat be vacated, and that a public hearing be held for the disposition of the City's interest in the subject area on September 6, 2011. I would further recommend that the fee be established as follows for each party to cover the cost of processing, publication and filing fees: Brian A. Goranson Vicki Ann Dolter Brandon J. Bass Joseph W. & Debra A. Miller William D. & Monica S. Meissner ACTION TO BE TAKEN 1956 Garfield Avenue 1952 Garfield Avenue 1946 Garfield Avenue 1912 Garfield Avenue 1902 Garfield Avenue $200.00 $100.00 $200.00 $200.00 $200.00 The attached resolution vacating the property should be submitted to the City Council for consideration and approval along with a resolution disposing of the property for the established fees of the referenced abutting property owner. Prepared by Ronald J. Turner, PLS 2 NOTICE OF A PRINK MEAIINIQOF THE COWMEN:IL OF worm REAL (PROPERTY PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will hold a public hearing on the 6th day of September, at 6:30 p.m. In the Historic Federal Building, 350 West Sixth Street, Dubuque, Iowa, at which meeting the City Council proposes to dispose of an interest in the following described real property by resolution to Brian Goranson: public alley abutting 1902, 1912, 1946, 1952, and 1956 Garfield Avenue and assigned lot numbers thereto, which hereinafter shall be known and described as Lots 148A, 149A, 150A, 151A, and 152A in Ham's Addition in the City of Dubuque, Iowa, At the meeting, the City covncll will receive oral and written objections from any resident or pro- perty owner of said City to the above action. After all objections have been received and consi- dered, the City Council may at this meeting or at any adjournment thereof, take additional action for the dispo- sition of the City's Interest in such real estate above, the approval of the resolution, or will abandon the proposal. By order of the City Council said hearing and appeals there from shall be held In accordance with and governed by the provisions of Section 364.7 of the Code of Iowa. This notice Is given by order of the City Council of the City of Dubuque, Iowa, as provided by Chapter 403 of the Code of lowa. Dated this 19th day of August, 2011. Kevin S. Firnstahl Acting City Clerk It 8/19 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, 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: August 19, 2011, and for which the charge is $22.36. 4-(1L-te PjZr Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this <z?3 day of , 20 7/ . Notary Public in and for Dubuque County, Iowa. Prepared by: Returned to: Ronald J. Turner, City of Dubuque, 50 W. 131h Street, Dubuque, IA 52001 (563) 589 -4270 Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 RESOLUTION NO. 304 -11 RESOLUTION VACATING A PORTION OF THE PUBLIC ALLEY ABUTTING 1902, 1912, 1946, 1952 AND 1956 GARFIELD AVENUE Whereas, Brian A. Goranson, Vicki Ann Dolter, Brandon J. Bass, Joseph W. & Debra A. Miller, and William D. & Monica S. Meissner have requested the vacating of a portion of the public alley abutting 1902, 1912, 1946, 1952, and 1956 Garfield Avenue; and Whereas, Buesing and Associates, Inc. has prepared and submitted to the City Council a plat showing the vacated portion of the public alley abutting 1902, 1912, 1946, 1952, and 1956 Garfield Avenue and assigned lot number thereto, which hereinafter shall be known and described as Lots 148A, 149A, 150A, 151A, and 152A in Ham's Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that the portion of the public alley abutting 1902, 1912, 1946, 1952, and 1956 Garfield Avenue is no longer required for public use, and vacating of said portion of the public alley abutting 1902, 1912, 1946, 1952, and 1956 Garfield Avenue, known as Lots 148A, 149A, 150A, 151A, and 152A in Ham's Addition in the City of Dubuque, Dubuque_ County, Iowa should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lots 148A, 149A, 150A, 151A, and 152A in Ham's Addition in the City of Dubuque, Iowa, be and the same is hereby vacated. Attest: 2. _ Kevi S. Firn ahl, Acting ity erk Passed, approved and adopted this 6th day of Se.temb d , 11; Roy D. Buol, Mayor Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589 -4270 Returned to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589 -4270 RESOLUTION NO. 305 -11 RESOLUTION DISPOSING OF CITY INTEREST IN LOTS 148A, 149A, 150A, 151A, AND 152A IN HAM'S ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this 19th day of August, 2011, the City Council of the City of Dubuque, Iowa met on the 6th day of September, 2011, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lots 148A, 149A, 150A, 151A, and 152A in Ham's Addition in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lots 148A, 149A, 150A, 151A, and 152A in Ham's Addition in the City of Dubuque, Dubuque County, Iowa to Brian A. Goranson (Lot 152A), Vicki Ann Dolter (Lot 151A), Brandon J. Bass (Lot 150A), Joseph W. & Debra A. Miller (Lot 149A), and William D. & Monica S. Meissner (Lot 148A) be and the same is hereby approved for the sums of $200.00 (Lot 148A), $200.00 (Lot 149A), $200.00 (Lot 150A), $100.00 (Lot 151A) and $200.00 (Lot 152A) plus the cost of platting, publication; and filing fees. Conveyance shall be by Quit Claim Deeds. Section 2 That the Mayor be authorized and directed to execute Quit Claim Deeds, and the City Clerk be and is hereby authorized and directed to deliver said deeds of conveyance to Brian A. Goranson, Vicki Ann Dolter, Brandon J. Bass, Joseph W. & Debra A. Miller, and William D. & Monica S. Meissner 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 6th Attest: Kevi S. Firnst hl, Acting ity C erk day of Sep mber , 2011. Roy D. Buol, Mayor uuumiumiiimmmiuiiimiwiummu Doc ID• 007168490005 Type GEN Kind DEED WITH RESOLUTION Recorded: 10/05/2011 at 03:38:41 PM Fee Amt: $32.00 Page 1 of 5 Revenue Tax: $0.00 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2011- 00014394 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 SPACE ABOVE THIS LINE FOR RECORDER Tax statement to: Brandon J. Bass 1946 Garfield Avenue Dubuque, IA 52001 QUIT CLAIM DEED For the consideration of One Dollar and other valuable consideration, the City of Dubuque, Iowa does hereby Quit Claim to Brandon J. Bass, all its right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa: Lot 150A in Ham's Addition in the City of Dubuque, Iowa in the City of Dubuque, Iowa. Exempt: Iowa Code § 428A.2(6) Deed in which a political subdivision of the state of Iowa is the grantor. Dated: Attest: September 6 ,2011 CITY OF DUBUQUE, IOWA ,0,1,,,, Roy D. B I, Mayor Kevin Firnstah , Acting City Clerk STATE OF IOWA, DUBUQUE COUNTY, ss: On this 6th day of September , 2011, before me a Notary Public in and for said County and said State, personally appeared Roy D. Buol and Kevin Firnstahl to me personally known, who, being by me duly sworn, did say that they are the Mayor and Acting City Clerk respectively, of the City of Dubuque, Iowa; that said instrument was signed on behalf of said City of Dubuque by authority of Resolution No. 305 -11 and that the said Roy D. Buol and Kevin Firnstahl as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. /owe SUSAN M. WINTER COMMISSION NO.183274 MY COMMISSION EXPIRES 2/14/14 AI,/...11 ►`ni , Notary public 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 Brandon J. Bass Address 1946 Garfield Avenue Dubuque Iowa 52001 Number and Street or HR City, I own or P.U. State Lip Address of Property Transferred: 1946 Garfield Avenue Dubuque Iowa 52001 Number and Street or RR City, Town, or P.O. State Lip Legal Description of Property: (Attach if necessary) Lot 150A in Ham's Addition in the City of Dubuque, Iowa 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) 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 AND THAT E INFORMATION STATED ABOVE IS TRUE AND CORRECT. FILE WITH RECORDER Telephone No.: (v536 ) 5-19_4Z7o DNR form 542 -0960 (Sept. 1, 2010) NI Doc ID 007167340005 Type GEN Kind DEED WITH RESOLUTION Recorded: 10/04/2011 at 03:49:04 PM Fee Amt: $32.00 Page 1 of 5 Revenue Tax: $0.00 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2011- 00014300 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 SPACE ABOVE THIS LINE FOR RECORDER" Tax statement to: Vickie Ann Dolter 1952 Garfield Avenue Dubuque, IA 52001 QUIT CLAIM DEED For the consideration of One Dollar and other valuable consideration, the City of Dubuque, Iowa does hereby Quit Claim to Vickie Ann Dolter, all its right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa: Lot 151A in Ham's Addition in the City of Dubuque, Iowa in the City of Dubuque, Iowa. Exempt: Iowa Code § 428A.2(6) Deed in which a political subdivision of the state of Iowa is the grantor. Dated: Attest: September 6 ,2011 'i .1�.�I // %� Kevin Firnsta CITY OF DUBUQUE, IOWA Roy D. B I, Acting City Clerk I, Mayor po /00 6). WI Lb IC STATE OF IOWA, DUBUQUE COUNTY, ss: On this 6th day of September , 2011, before me a Notary Public in and for said County and said State, personally appeared Roy D. Buol and Kevin Firnstahl to me personally known, who, being by me duly sworn, did say that they are the Mayor and Acting City Clerk respectively, of the City of Dubuque, Iowa; that said instrument was signed on behalf of said City of Dubuque by authority of Resolution No. 3 Q 5 -11 and that the said Roy D. Buol and Kevin Firnstahl as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. SUSAN M, WINTER COMMISSION NO.183274 MY COMMISSION EXPIRES 2/14/14 , Notary public 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 Vickie Ann Dolter Address 1952 Garfield Avenue Dubuque Iowa 52001 Number and Street or RR City, 1 own or P.O. State Lip Address of Property Transferred: 1952 Garfield Avenue Dubuque Iowa 52001 Number and Street or RR City, 1 own, or P.O. State Zip Legal Description of Property: (Attach if necessary) Lot 151A in Ham's Addition in the City of Dubuque, Iowa 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) 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 AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. ansferor or Agent) FILE WITH RECORDER Telephone No.: (4 DNR form 542 -0960 (Sept. 1, 2010) I IIIIIN1111N11II1111I1111III11IIIII IIIII IIIII11III IIINI111IIIIIIIIIVI111uN Doc ID 007155470005 Type GEN Kind DEED WITH RESOLUTION Recorded: 09/20/2011 at 04:23:28 PM Fee Amt: $32.00 Page 1 of 5 Revenue Tax: $0.00 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2011- 00013339 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 SPACE ABOVE THIS LINE FOR RECORDER Tax statement to: Brian A. Goranson 1956 Garfield Avenue Dubuque, IA 52001 QUIT CLAIM DEED For the consideration of One Dollar and other valuable consideration, the City of Dubuque, Iowa does hereby Quit Claim to Brian A. Goranson, all its right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa: Lot 152A in Ham's Addition in the City of Dubuque, Iowa in the City of Dubuque, Iowa Exempt: Iowa Code § 428A.2(6) Deed in which a political subdivision of the state of Iowa is the grantor. Dated: Attest: .eptPmhe.r 6 , 2011 CITY OF DUBUQUE, IOWA �^1 jek„, Roy D. B4fol, Mayor Kevin Firnsta i, Acting City Clerk A-7 Cik1 Cks STATE OF IOWA, DUBUQUE COUNTY, ss: On this 6th day of September , 2011, before me a Notary Public in and for said County and said State, personally appeared Roy D. Buol and Kevin Firnstahl to me personally known, who, being by me duly sworn, did say that they are the Mayor and Acting City Clerk respectively, of the City of Dubuque, Iowa; that said instrument was signed on behalf of said City of Dubuque by authority of Resolution No. 305 -11 and that the said Roy D. Buol and Kevin Firnstahl as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. SUSAN M. WINTER COMMISSION NO.183274 MY COMMISSION EXPIRES 2/14/14 , Notary public 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 Brian A. Goranson Address 1956 Garfield Avenue Dubuque Iowa 52001 Number and Street or RR City, I own or P.O. State Lip Address of Property Transferred: 1956 Garfield Avenue Dubuque Iowa 52001 Number and Street or RR City, Town, or P.O. State Lip Legal Description of Property: (Attach if necessary) Lot 152A in Ham's Addition in the City of Dubuque, Iowa 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) 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 AND THA -HE INFORMATION STATED ABOVE IS TRUE AND CORRECT. (Transferor or Agent) FILE WITH RECORDER Telephone No.: 03 )9Q -4Z7O DNR form 542 -0960 (Sept. 1, 2010) i i i i i i i i ii i i i ii i ii i i i i i i i i i i i i i 1111 i i i i i i i ii i i i i i i iii i i i i i i i i i ii i i i i i i ii i Doc ID: 007180090005 Type: Kind:, DEED WITH RESOLUTION Recorded: 10/19/2011 at 04:06:19 PM Fee Amt: $32.000 e 1 of 5 Revenue Tax: $0 0 Dubuque County Iowa Kathy Flynn ;h�00015356 Fi1e20 111 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 SPACE ABOVE THIS LINE FOR RECORDER Tax statement to: William D. & Monica S. Meissner 1902 Garfield Avenue Dubuque, IA 52001 QUIT CLAIM DEED For the consideration of One Dollar and other valuable consideration, the City of Dubuque, Iowa does hereby Quit Claim to William D. & Monica S. Meissner, husband and wife, as joint tenants with full rights of survivorship and not as tenants in common, all its right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa: Iowa. Lot 148A in Ham's Addition in the City of Dubuque, Iowa in the City of Dubuque, Exempt: Iowa Code § 428A.2(6) Deed in which a political subdivision of the state of Iowa is the grantor. Dated: Attest: September 6 ,2011 Key n Firnsta • I, Acting City Clerk CITY OF DUBUQUE, IOWA aTOO STATE OF IOWA, DUBUQUE COUNTY, ss: On this 6th day of September , 2011, before me a Notary Public in and for said County and said State, personally appeared Roy D. Buol and Kevin Firnstahl to me personally known, who, being by me duly sworn, did say that they are the Mayor and Acting City Clerk respectively, of the City of Dubuque, Iowa; that said instrument was signed on behalf of said City of Dubuque by authority of Resolution No. 305 -11 and that the said Roy D. Buol and Kevin Firnstahl as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. SUSAN M. WINTER COMMISSION N EXP1 74,I�,1IL 1' - MY COMMISSION EXP1R' (Q/ 2/14/14 i , Notary public 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 William D. & Monica S. Meissner Address 1902 Garfield Avenue Dubuque Iowa 52001 Number and Street or RR - City, I own or P.O. State Lip Address of Property Transferred: 1902 Garfield Avenue Dubuque Iowa 52001 Number and Street or RR City, Town, or P.O. State Zip Legal Description of Property: (Attach if necessary) Lot 148A in Ham's Addition in the City of Dubuque, Iowa 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) 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 AND E INFORMATION STATED ABOVE IS TRUE AND CORRECT. (Trans eror or gent) FILE WITH RECORDER Telephone No.: (663) - ¢Z7o DNR form 542 -0960 (Sept. 1, 2010) IYYIIMIIINI1111NIUIIVIII111IIYWI11lN1111AI Doc ID 007187220005 Type GEN Kind DEED WITH RESOLUTION Recorded: 10/27/2011 at 03:52:39 PM Fee Amt: $32.00 Page 1 of 5 Revenue Tax: $0.00 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2011- 00015963 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 SPACE ABOVE THIS LINE FOR RECORDER Tax statement to: Joseph W. & Debra A. Miller 1912 Garfield Avenue Dubuque, IA 52001 QUIT CLAIM DEED For the consideration of One Dollar and other valuable consideration, the City of Dubuque, Iowa does hereby Quit Claim to Joseph W. & Debra A. Miller, husband and wife, as joint tenants with full rights of survivorship and not as tenants in common, all its right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa: Lot 149A in Ham's Addition in the City of Dubuque, Iowa in the City of Dubuque, Iowa, Exempt: Iowa Code § 428A.2(6) Deed in which a political subdivision of the state of Iowa is the grantor, Dated: Attest: SPptemhor 6 , 2011 CITY OF DUBUQUE, IOWA Roy D. Buoy/ ayor Ke n Firnst I, Acting City Clerk City CI-erR STATE OF IOWA, DUBUQUE COUNTY, ss: On this 6th day of September , 2011, before me a Notary Public in and for said County and said State, personally appeared Roy D. Buol and Kevin Firnstahl to me personally known, who, being by me duly sworn, did say that they are the Mayor and Acting City Clerk respectively, of the City of Dubuque, Iowa; that said instrument was signed on behalf of said City of Dubuque by authority of Resolution No. 305 -11 and that the said Roy D. Buol and Kevin Firnstahl as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. SUSAN M, WINTER COMMISSION NO.183274 MY COMMISSION EXPIRES 2/14/14 , Notary public 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 Joseph W. & Debra A. Miller Address 1912 Garfield Avenue Dubuque Iowa 52001 Number and Street or RN City, t own or P.U. State Lip Address of Property Transferred: 1912 Garfield Avenue Dubuque Iowa 52001 Number and Street or RR City, Town, or P.O. State Lip Legal Description of Property: (Attach if necessary) Lot 149A in Ham's Addition in the City of Dubuque, Iowa 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) 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 , AND THA INFORMATION STATED ABOVE IS TRUE AND CORRECT. r Telephone No.: ( 663 ) -q- 41.70 (Transferor or Agee) FILE WITH RECORDER DNR form 542 -0960 (Sept. 1, 2010)