Plastic Center, Inc.
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RESOLUTION 506 -00
DISPOSING OF THE CITY OF DUBUQUE'S INTEREST IN REAL PROPERTY BY DEED
TO PLASTIC CENTER, INC. AND APPROVING AN AGREEMENT WITH PLASTIC
CENTER FOR THE ACQUISITION BY THE CITY OF DUBUQUE OF REAL PROPERTY
OWNED BY PLASTIC CENTER, INC. ON THE FOURTH STREET PENINSULA
WHEREAS, the City of Dubuque, Iowa (City) is the owner of the following real property
(the Property):
Lot 2 of 1 and Lot 2 of2 of South Fork mdustrial Subdivision No.1, Section 31, Township 89
North Range 2 East of the 5th P.M., in Dubuque County, Iowa, according to the recorded plat
thereof, consisting of 46 acres, more or less.
AND WHEREAS, Plastic Center, me. (Plastic Center) is the owner of certain real property
located on the 4th Street Peninsula which City desires to acquire;
AND WHEREAS, City and Plastic Center have entered into an Agreement, a copy of which
is attached hereto, pursuant to which City will convey the Property to Plastic Center and in
consideration for which Plastic Center will convey certain property to City;
.
AND WHEREAS, on October 16, 2000, the City Council pursuant to notice published as
required by law held a public hearing on its intent to dispose of the foregoing interest in the
Property and overruled all objections thereto;
AND WHEREAS, the City Council fmds that it is in the best interest of the City to approve
the Agreement and the disposition of the Property as provided in the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Agreement attached hereto and the disposition of the above-described
Property is hereby approved. The Mayor is hereby authorized and directed to execute the Warranty
Deed attached hereto disposing of all of the City's right, title and interest in the foregoing-described
Property to Plastic Center, me.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution to be
recorded with the Dubuque County Recorder.
Passed, approved and adopted this 16th day of October, %
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Attest: Jeanne F. Schneider, City Clerk
CERTIFICATE OF DEPUTY CITY CLERK
STATE OF IOWA )
)
COUNTY OF DUBUQUE )
I, Karen M. Chesterman, do hereby certify that I am the duly appointed, qualified,
and acting Deputy Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as
such Deputy 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. 506-00 is a correct copy of the original Resolution No. 506-00 approved and
adopted by the City Council of the City of Dubuque, Iowa, at a session held by said
Council on the 16th day of October, 2000.
In testimony whereof, I hereunto set my hand and official seal of the City of
Dubuque, Iowa.
Dated at Dubuque, Iowa, this 13th day of April, 2001.
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Kg'ren M. Chesterman, Deputy City Clerk
(Seal)
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CERTIFICATE OF DEPUTY CITY CLERK
STATE OF IOWA )
)
COUNTY OF DUBUQUE )
I, Karen M. Chesterman, do hereby certify that I am the duly appointed, qualified,
and acting Deputy Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as
such Deputy 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. 506-00 is a correct copy of the original Resolution No. 506-00 approved and
adopted by the City Council of the City of Dubuque, Iowa, at a session held by said
Council on the 16th day of October, 2000.
In testimony whereof, I hereunto set my hand and official seal of the City of
Dubuque, Iowa.
Dated at Dubuque, Iowa, this 17th day of October, 2000.
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Karen M. Chesterman, Deputy City Clerk
(Seal)
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RESOLUTION NO. 494-00
RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY
BY DEED TO PLASTIC CENTER, INC.
WHEREAS, the City of Dubuque, Iowa (City) is the owner of the following real property
(the Property):
Lot 1 and Lot 2 of South Fork Industrial Subdivision No.1, Section 31, Township 89 North
Range 2 east of the 5th P.M. in Dubuque County, Iowa, according to the recorded plat thereof,
AND WHEREAS, Plastic Center, Inc. (Plastic Center) in the owner of certain real
property located on the 4th Street Peninsula which City desires to acquire;
AND WHEREAS, City and Plastic Center have entered into an agreement, subject to the
approval of the City Council, a copy of which is now on file at the Office of the City Clerk, City
Hal, 13th and Central Avenue, Dubuque, Iowa, pursuant to which City will convey a part of the
Property, 46 acres more or less, as shown in the agreement, to Plastic Center;
AND WHEREAS, the City Council has tentatively determined that it would be in the
best interests of the City to approve the agreement, including the conveyance of such property to
Plastic Center.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the foregoing-
described property by Deed to Plastic Center, Inc.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and
a notice to be published as prescribed by Iowa code Section 364.7 of a public hearing on the
City's intent to dispose of the foregoing-described property, to be held on the 16th day of
October, 2000, at 6:30 p.m. at the public library auditorium, 11th & Locust, Dubuque, Iowa.
Passed, approved and adopted this 2nd day of October, 2000.
~~t<<<<
John Markham, Mayor Pro-Tern
ttest: Jeanne F. Schneider, City Clerk
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CITY OF DUBUQUE, IOWA
MEMORANDUM
September 29, 2000
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Plastic Center, Inc. land Acquisition
As you are well aware through your close involvement in the process, a negotiating
team, led by Corporation Counsel Barry Lindahl, has successfully negotiated a
purchase agreement (Attachment I) with Plastic Center, Inc. for purchase of 13.12
acres between Bell Street and the flood wall needed to develop the America's River
project.
.
Plastic Center, Inc. has an appraisal for the property of $5.9 million. In the spirit of
good faith negotiations, a deal was struck that allowed Plastic Center to maximize
their return on this property while making the purchase affordable to the City,
The City will be paying $2 million cash for this property and exchanging 46 acres of
land the City owns at Cousins Road and Seippel Road. Even though the City land
has a much greater value now (Plastic Center has an appraisal of $2,200,000 on
the City land), the cost to the City to purchase the land was $253,000. Also,
Plastic Center is requesting pre-paid utility connection charges, valued at $50,000
(with an unknown value of the storm water costs at this point in time), Therefore,
the total cost to the City for this 13.12 acre site is $2,303,000, or $175,533 per
acre.
The purchase agreement includes the following major points:
· Subject to City Council approval, the closing will occur on October 17.
· The City accepts the property in "As Is" condition and indemnifies Plastic
Center, Inc. with regard to any environmental claims.
.
· The City acknowledges a $1,700,000 charitable donation.
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Plastic Center Land Acquisition
Page 2
· The property must be rezoned from agricultural to C-3 prior to closing. (The
rezoning has already been submitted to the Zoning Advisory Commission for
their October 4 meeting and will be considered by the City Council at the
October 16 meeting--Attachment II).
I respectfully request that the Mayor and City Council set the land disposal issue for
public hearing on October 16, 2000 and that, at that time, you also approve the
land purchase.
(J1;J! ~,~J1
I Michael C. Van Milligen-"""
MCVM/dd
cc
Brian Kane, Attorney, Kane, Norby and Reddick
Jim Rix, Platinum Hospitality Group
Jerry Enzler, Dubuque County Historical Society
Steve Horman, Dubuque Area Chamber of Commerce
Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Jim Burke, Community and Economic Development Director
Pam Myhre, Associate Planner
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Preparer
Information
Barry A Lindahl, 196 Cycare Plaza, Dubuque IA 52001, (319) 583-4113
Barry A. Lindahl ISBA # 6899
SPACE ABOVE TillS LINE
FOR RECORDER
Tax statement to: Plastic Center, Inc.
5-46 4~ Avenue
Long Island NY 11101-5428
WARRANTY DEED
For the consideration of Ten Dollars ($10.00) and other good and valuable consideration,
the City of Dubuque, Iowa, an Iowa municipal corporation does hereby Convey to Plastic Center,
Inc., a New York corporation, the following described real estate in Dubuque County, Iowa 9the
Real Estate):
Lot 2 of 1 and Lot 2 of 2 of South Fork Industrial Subdivision in the City of
Dubuque, Iowa
Exempt transfer per Iowa Code Sec. 428A.2(6) transfer in which government
entity is grantor
The City of Dubuque shall be solely responsible for the initial extension (and only
one extension) of water, sanitary sewer and storm sewer utilities to the border of the Real
Estate and there shall never be any connection changes required of Plastic Center, Inc. (or
its successors in interest) in connection with any such utilities with respect to the Real
Estate.
The City of Dubuque hereby covenants with grantees, and successors in interest, that it
holds the Real Estate by title in fee simple; that it has good and lawful authority to sell and convey
the Real Estate; that the Real Estate is free and clear of all liens and encumbrances, except as may
be above stated; and it covenants to Warrant and Defend the Real Estate against the lawful claims
of all persons, except as may be above stated.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, according to the context.
Dated: October ~ 2000
City of Dubuque, Iowa
BY~
Terrance . uggan, Mayor
Attest:
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STATE OF IOWA, DUBUQUE COUNTY, ss:
On this/"H-day of October, 2000, before me a Notary Public in and for said County and said State,
personally appeared Terrance M. Duggan and Jeanne F. Schneider, to me personally known, who,
being by me duly sworn, did say that they are the Mayor and City Clerk respectively, of the City of
Dubuque, Iowa; that said instrument was signed on behalf of said City of Dubuque by authority of
Resolution No. 5D6.-2000; and that the said Terrance M. Duggan and Jeanne F. Schneider as such
officers, acknowledged the execution of said instrument to be the voluntary act and deed of said
corporation, by it and by them voluntarily executed.
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NI1-W-7t1. ~1:nM
, Notary public
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CITY OF DUBUQUE, IOWA
MEMORANDUM
October 12, 2000
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Plastic Center, Inc. land Acquisition
As you are well aware through your close involvement in the process, a negotiating
team, led by Corporation Counsel Barry Lindahl, has successfully negotiated a
purchase agreement (Attachment I) with Plastic Center, Inc. for purchase of 13.12
acres between Bell Street and the floodwall needed to develop the America s River
project.
.
Plastic Center, Inc. has an appraisal for the property of $5.9 million. In the spirit of
good faith negotiations, a deal was struck that allowed Plastic Center to maximize
their return on this property while making the purchase affordable to the City.
The City will be paying $2 million cash for this property and exchanging 46 acres of
land the City owns at Cousins Road and Seippel Road. Even though the City land
has a much greater value now (Plastic Center has an appraisal of $2,200,000 on
the City land), the cost to the City to purchase the land was $253,000. Also,
Plastic Center is requesting pre-paid utility connection charges, valued at $50,000
(with an unknown value of the stormwater costs at this point in time). Therefore,
the total cost to the City for this 13.12 acre site is $2,303,000, or $175,533 per
acre.
The purchase agreement includes the following major points:
· Subject to City Council approval, the closing will occur on October 17.
· The City accepts the property in "As Is" condition and indemnifies Plastic
Center, Inc. with regard to any environmental claims.
.
The City acknowledges a $1,700,000 charitable donation.
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Plastic Center Land Acquisition
Page 2
· The property must be rezoned from agricultural to C-3 prior to closing.
I respectfully request Mayor and City Council approval of this land exchange and
purchase.
n ~Cl C /YL~
ichael C. Van Milligen
MCVM/dd
cc
Brian Kane, Attorney, Kane, Norby & Reddick
Jim Rix, Platinum Hospitality Group
Jerry Enzler, Dubuque County Historical Society
Steve Horman, Dubuque Area Chamber of Commerce
Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Jim Burke, Community and Economic Development Director
Pam Myhre, Associate Planner
Attachment I
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OFFER TO BUY REAL EST ATE AND ACCEPTANCE
TO: PLASTIC CENTER, INC., A New York Corporation d/b/a THE FISCHER COMPANIES
("Seller")
The undersigned Buyer hereby offers to purchase certain real estate located in Dubuque
County, Iowa, from the Seller, upon the following terms and conditions:
1. Real Estate Description. Buyer offers to buy real estate in Dubuque County, Iowa,
described as follows:
PARCEL I:
Lots 1,2,3,4,5,6, 7, 8, 9, 10 & 11, all in Block "N",
Lots 1,2,3, the South 4 feet of Lot 4, all in Block "0", in Booth's Addition
PARCEL D:
That part of Vacated Fourth Street from the Easterly line of Lot 11, in Ice Harbor
Development to the Levee, in Booth's Addition;
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That part of V acated Fifth Street from the Westerly line of V acated Tower Street to the levee,
in Booth's Addition;
That part of Vacated Tower Street lying Northerly of Lot B in Ice Harbor Development to
the South line of Lot D, in Booth's Addition.
PARCELID:
Lots 1 to 30, both inclusive, in Block "J",
Lots 1 to 15, both inclusive, in Block "I", all in Booth's Addition.
PARCEL IV:
Lots 9 to 15, both inclusive & Lot 2 of 8, in Block "K", and
the Northerly 19 feet 9 inches of Lot 7, all of Lots 8, 9, 10, 11, in Block "M", all in Booth's
Addition.
PARCEL V:
.
Lots 1,2 and 3 in Block 32,
Lots 23 and 24 in Block 25,
Lots 1 to 13, both inclusive, in Block 24, all in Dubuque Harbor Improvement Company's
Addition;
Lots 6 to 11, both inclusive, in Block "0", in Booth's Addition.
Page 1 of 8
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PARCEL VI:
Lots B, C and D, in Booth's Addition.
PARCEL VII:
Lot 5 and the North 18 feet of Lot 4 in Block "0", in Booth's Addition.
PARCEL VIII:
Lots 13 to 22, both inclusive, in Block 25 and
Lots 4 to 12, both inclusive, in Block 32, all in Dubuque Harbor Improvement Company's
Addition.
PARCEL IX:
The North 3 feet 3 inches of Lot 5, all of Lot 6, and
the South 3 feet 6 inches of Lot 7, in Block "M", in Booth's Addition.
PARCEL X:
Lot B-ll, in Booth's Addition.
PARCEL XI:
Lot B-12, in Booth's Addition.
PARCEL XII:
Lots 1 to 24, both inclusive, in Block 23,
Lots 1 to 12, both inclusive, in Block 25,
Lot "A-4" and Lot "A-7", all in Dubuque Harbor Improvement Company's Addition.
PARCEL XIII:
Lot 1 ofRIVERW ALK 1 SI ADDITION in city of Dubuque, Iowa, according to
the recorded Plat thereof.
All in the City of Dubuque, Iowa, according to the respective recorded Plats thereof.
with any easement and appurtenant servient estates, but subject to any zoning and other ordinances,
any covenants of record, any easements of record for public utilities, roads and highways, and any
other easements of record, hereafter designated the "Real Estate."
Page 2 of 8
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2. Bargain SalelPurchase Price. The parties acknowledge that:
(a) The Buyer, as a municipal corporation in the State of Iowa, has
commenced eminent domain proceedings to condemn the Real
Estate; and,
(b) The parties acknowledge that the value of the Real Estate, pursuant
to the appraisal obtained by Seller, is $5,900,000.00. Attached hereto
as Exhibit "A" and by this reference made a part hereof is the
September 4, 2000 cover letter to the appraisal performed for Seller
by Mr. Thomas Kane, of Tom Kane Appraisals, of Dubuque, Iowa,
which the parties acknowledge to be the value of the Real Estate
shown by the appraisal; and,
(c) The Seller (and its predecessors), as a long term corporate citizen of
the City of Dubuque, Iowa, and with the intent to make a gift, is
willing to sell the Real Estate to Buyer for:
(ii)
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(i) $2,000,000.00 in cash to be paid at the closing; and,
46 acres of real estate described on Exhibit "B"
attached hereto and by this reference made a part
hereof(the "Seippel Road Real Estate"). The parties
acknowledge that the value of the Seippel Road Real
Estate, pursuant to the appraisal obtained by Seller, is
$2,200,000.00. Attached hereto as Exhibit "c" and
by this reference made a part hereof is the September
4, 2000 cover letter to the appraisal performed for
Seller by Mr. Thomas Kane, ofT om Kane Appraisals,
of Dubuque, Iowa, which the parties acknowledge to
be the value of the Seippel Road Real Estate shown
by the appraisal. Buyer, at Buyer's expense, shall
produce an abstract of title to Seller ten (10) days
prior to Closing showing marketable title to the
Seippel Road Real Estate in Buyer and that the
Seippel Road Real Estate is not subject to, among
other things, any mortgages, liens, encumbrances or
leases which cannot be released or terminated as of
the Closing. If closing is delayed due to Buyer's
inability to provide marketable title, this agreement
shall continue in full force and effect until either party
rescinds the agreement after giving twenty (20) days
written notice to the other party. Buyer, at its
expense, shall promptly cure any title defects in
accordance with Iowa law and the Iowa Land Title
Page 3 of 8
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Standards prior to Closing, and such abstract shall
become the property of Seller upon the Closing
hereof. The Buyer grants to Seller, at no additional
cost to Seller, the right to use, and access to, the pond
or ponds depicted on the existing map ofthe Seippel
Road Real Estate (attached to Exhibit "D" hereof) for
storm water detention and any other legal purposes
related to water run-off and detention (e.g. air
conditioning runoff/drainage); and,
(iii)
Seller gives, with donative intent, the balance ofthe
value of the Real Estate, or $1,700,000.00 to the
Buyer. Buyer acknowledges that Buyer is a charitable
entity within the meaning of Section 501(c)(3) of the
Internal Revenue Code of 1986, as amended. Buyer
agrees to execute at the Closing (defined below) the
Form 8283, Non-Trust Charitable Contribution,
recognizing the receipt of, and the value (pursuant to
the appraisal) of the charitable contribution made by
Seller to Buyer as referred to herein; and,
(d) The bargain sale aspect ofthis transaction shall be paid as follows:
.
(i)
(ii)
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$2,000,000.00 shall be paid in full at the Closing by
certified check, cashier's check, electronic funds
transfer or other means which provides immediately
available cash to the Seller; and,
The Seippel Road Real Estate shall be conveyed
pursuant to a Warranty Deed in the form as attached
hereto as Exhibit "D" and by this reference made a
part hereof at the Closing, subject to satisfaction of
the conditions referred to in Sections 18(b), (c) and
(d) below. Such Warranty Deed conveying the
Seippel Road Real Estate shall include a provision
that the Buyer shall be solely responsible for the
initial extension (and only one extension) of water,
sanitary sewer and storm sewer utilities to the border
(at just one location) of the Seippel Road Real Estate,
and that there never be any connection charges
required of PCI (or its successors in interest) in
connection with any such utilities with respect to the
Seippel Road Real Estate.
Page 4 of 8
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The purchase and bargain sale of this Real Estate, and the acceptance of the charitable
contribution made herein, is subject only to the conditions and contingencies described in this Offer
to Buy Real Estate and Acceptance. Buyer represents to Seller that Buyer has sufficient funds to
close this transaction in a timely fashion.
3. Real Estate Taxes. Real estate taxes shall be prorated to the date of possession. Buyer
shall be responsible for real estate taxes, if any, after the date of possession on the Real Estate.
4. Special Assessments. Buyer shall pay all special assessments which are a lien on the Real
Estate as of the date of acceptance of this offer. All other special assessments shall be paid by
Buyer. The parties acknowledge that there are no special assessments against the Real Estate as of
the date hereof.
5. Risk of Loss and Insurance. The parties acknowledge that the Real Estate is not
susceptible to loss from the date of this Offer through and including the Closing hereof; therefore,
prior to Seller's delivery of possession of the Real Estate to Buyer, all risk of loss shall be upon
Buyer until possession of the Real Estate shall be delivered to Buyer.
6. Care and Maintenance. The Real Estate shall be preserved in its present condition and
delivered intact at the time possession is delivered to Buyer, ordinary and reasonable wear and tear
excepted. See Section 19(a) below.
7. PossessionlDate of Closing. If Buyer timely performs all obligations, possession of the
Real Estate shall be delivered to Buyer on October 17,2000 (herein sometimes referred to as the
"Closing Date" or "Closing"). At the Closing, and upon receipt of the consideration recited in
Section 2( d) hereof, Seller shall dismiss, with prejudice, the existing litigation pending in the Iowa
District Court for Dubuque County No. 01311EQCV091963, and the City shall be responsible for
the payment of Court costs in connection therewith.
8. Improvements. All improvements that integrally belong to or are part of the Real Estate
shall be considered a part of the Real Estate and included in this sale. Notwithstanding the
foregoing, Seller may remove any such improvements or other fixtures which belong to or are a part
of the Real Estate at or prior to the Closing.
9. Use ofthe Purchase Price. Attime of settlement, funds of the purchase price may be used
to pay taxes and other liens and to acquire outstanding interests, if any, of others.
10. Abstract of Title. Seller, at Buyer's expense, shall promptly obtain an abstract of title
to the Real Estate continued through the date of this agreement which shall be examined by Buyer's
attorney. Such abstract shall show merchantable title in Seller in conformity with this agreement,
Iowa law and title standards of the Iowa State Bar Association. The Seller shall make every
reasonable effort to promptly perfect title. The abstract shall become the property of Buyer when
the purchase price is paid in full. Sellers shall pay the cost of any additional abstracting and title
work due to any act or omission of Seller. The abstract shall be obtained from an abstractor qualified
by the Title Guaranty Division of the Iowa Housing Finance Authority.
Page 5 of 8
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11. Deed. Upon payment of the bargain purchase price, Seller shall convey the Real Estate
to Buyer by Warranty Deed (Corporate Grantor) free and clear of all liens, restrictions and
encumbrances subject to easements and restrictions of record. Any general warranties oftitle shall
extend only to the time of acceptance of this Offer to Buy Real Estate and Acceptance, with special
warranties as to acts of Seller continuing up to time of delivery of the Warranty Deed.
12. Time is of the Essence. Time is of the essence in this contract.
13. Remedies ofthe Parties
(a) If Buyer fails to timely perform this contract, or any of Seller's conditions herein are not
satisfied (or waived in writing) at or prior to Closing, Seller shall not be required to close hereunder.
Alternatively, Seller may, at or prior to Closing, forfeit this Contract as provided by Iowa Code
Chapter 656(1999).
(b) If Seller fails to timely perform this contract, or if any of Buyer's conditions herein are
not satisfied (or waived in writing) at or prior to Closing, Buyer shall not be required to close
hereunder.
(c) Buyer and Seller are also entitled to utilize any and all other remedies or actions at law
or in equity available to them and shall be entitled to obtain judgment for costs and attorney's fees
as permitted by law. The parties specifically agree that each of them shall have the remedy of
specific performance in equity notwithstanding any other provision herein or by law to the contrary.
14. Contract Binding on Successors in Interest. This contract shall apply to and bind the
successors in interest of the parties.
15. Construction. Words and phrases shall be construed as in the singular or plural number
and as masculine, feminine or neuter gender, according to the context.
16. Time for Acceptance. If this Offer is not accepted by Buyer on or before October 17,
2000 it shall become void.
17. Conditions Precedent to Buver's Obligation to Purchase. Buyer's obligation to purchase
the Real Estate under the bargain purchase referred to herein and to accept the charitable contribution
from Seller as referred to herein is expressly conditioned upon the satisfaction of the following
conditions prior to Closing:
(a)
The approval of this Offer to Buy Real Estate and Acceptance by the
City Council of the City of Dubuque, Iowa on or before October 16,
2000.
Page 6 of 8
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18. Conditions Precedent to Seller's Obligation to Make Bargain Sale and Make
Contribution and Give Charitable Contribution. Seller's obligation to make the bargain sale and give
the charitable contribution herein with respect to the Real Estate is expressly conditioned upon the
satisfaction of the following conditions prior to Closing:
(a) Seller obtaining approval of this Offer to Buy Real Estate and
Acceptance by the Board of Directors of Seller; and,
(b) Buyer, at Buyer's sole expense, rezoning the Seippel Road Real
Estate as commercial property (i.e. C-3 zoning) prior to the closing;
and,
(c) Buyer, at Buyer's sole expense, surveying and platting the Seippel
Road Real Estate and providing the legal description thereto such that
such property can be conveyed by Warranty Deed from Buyer to
Seller as required herein at the closing; and,
(d)
Buyer, as part of the rezoning and platting referred to above, shall
provide curb cuts/access points for the Seippel Road Real Estate on
each side ofSeippel Road. Such curb cuts/access points need not be
constructed by Closing; rather, Buyer and Seller hereby agree to
those approximate locations of such curb cuts, pursuant to the
drawing attached to Exhibit "D" and subject to the City of Dubuque
engineering standards with respect to such curb cuts.
19. Condition and Groundwater Hazards. (a) Buyer has inspected the Real Estate and
accepts it in "AS IS" condition. Buyer shall release, indemnify and hold harmless Seller and Seller's
successors in interest with regard to any environmental claim, clean-up or remediation imposed or
threatened by the State oflowa, the federal government or any other governmental agency or entity,
or any private person, arising out of or related to real estate, which indemnity and defense shall
survive the closing hereof.
(b) Seller has no actual know ledge of the presence in or beneath the Real Estate of solid
waste, radioactive waste, hazardous waste, hazardous substances, wells or other conditions which
may lead to groundwater contamination.
20. City Disclosure re Iowa Department ofTransoortation. Buyer represents and warrants
that, ~o the best of Buyer's knowledge, all material facts with regard to the Seippel Road Real Estate
concerning the Iowa Department of Transportation have been disclosed, and will continue to be
disclosed, by Buyer to Seller up through and including the Closing date. Buyer acknowledges that
Seller has reasonably relied upon such information provided by Buyer to Seller hereunder. Any
material change from present circumstances with regard to the Seippel Road Real Estate shall be
grounds for Seller not to close hereunder.
Page 7 of 8
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21. Existing Tenants. Attached hereto as Exhibit "E" is a listing of the existing month-to-
month tenants on the Real Estate. The Seller agrees to give notice to such Tenants on or before
September 30,2000 which shall provide that such Tenants shall vacate the Real Estate on or before
October 31, 2000. Notwithstanding any other provision herein, all of the rent for October, 2000
from such Tenants shall remain the property of Seller and no proration of such rental shall be
required hereunder.
22. Recording Costs. Notwithstanding any other provision herein, the Buyer shall be
responsible for all recording costs and abstracting costs in connection with the transactions
contemplated herein.
23. Miscellaneous. The parties agree that all understandings and agreements, if any,
previously made between the parties hereto are merged in this Agreement, which alone fully and
completely expresses their understanding with respect to the purchase and bargain sale of the Real
Estate. This agreement may not be changed or terminated orally, but only by an instrument in
writing executed by all of the parties hereto. This agreement shall not be transferred or assigned
without the prior written consent of the other party hereto, which consent shall not be unreasonably
withheld. This agreement shall be governed by and construed in accordance with the laws of the
State oflowa. This Offer to Buy Real Estate and Acceptance may be signed in counterparts or by
facsimile signatures which, when taken together, shall constitute one original agreement. Each party
shall bear and be responsible for its own attorneys' fees.
October
DATED: manlDm 16,2000
IC CENTER, INC., SELLER
/]
0:\ WPDOCSIOONNAB\DOCS\PIaolic Caw:r OfT... Ice IfIrbor RcaJ EstIIe Seippd Rood RcaJ EstIIe. wpd
Page 8 of 8
-........-...-. ..,-_......__.~.~ ... - ,. '''- -
.
EXHIBIT" A"
See attached September 7,2000 cover letter to the appraisal performed for Seller by Mr.
Thomas Kane, of Tom Kane Appraisals, of Dubuque, Iowa, which the parties acknowledge to be
the value of the Real Estate shown by the appraisal.
.:
.
.
SUMMARY APPRAISAL
OF THE MARKET VALUE
OFTHE
PLASTIC CENTER, INC. LAND PARCEL
(FORMERLY FISCHER ICE AND STORAGE FACILITY)
BELL STREET & 6TH STREET
DUBUQUE RIVER FRONT
DUBUQUE, IOWA
AS OF: SEPTEMBER 4, 2000
DATED: SEPTEMBER 7,2000
PREPARED FOR:
.
ATTORNEY BRIAN KANE
2100 ASBURY ROAD, SUITE 0
DUBUQUE, IOWA 52001
PREPARED BY
THOMAS P. KANE
KANE APPRAISAL AND REAL ESTATE, INC.
11020 LAKEVIEW DRIVE
DUBUQUE, IOWA 52003
PH: 319-556-2068
FAX: 319-557-8107
.
.
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.
2
September 7,2000
Mr. Brian Kane
2100 Asbury Road, Suite D
Dubuque, fA 52002
Dear Mr. Kane.
As requested, I have personally inspected the Plastic Center, Inc. Land Parcel, formerly the Fischer ice &
Storage Facility located at Bell Street & 6111 Street in the Dubuque River Front in the Ice Harbor. The purpose
of the Appraisal is to estimate the Market Value of the fee simple interest of the subject property. The
function of the Appraisal is for investment analysis purposes. The subject property consists of 562,Q60/SF
more or less or 12.90 acres more or less.
I certify that, to the best of my knowledge and belief:
1) The statements of fact contained in this report are true and correct.
2) The reported analyses. opinions, and conclusions are limited only by the reported assumptions and
limiting conditions, and are my personal, unbiased, professional analyses. opinions and conclusions.
3) I have no present or prospective interest in the property that is the subject of this report. and I have no
personal interest or bias with respect to the parties involved.
4) My compensation is not contingent upon the reporting of a predetermined value or direction in value
that favors the cause of the client. the amount of the value estimate, the attainment of a stipulated result, or
the occurrence of a SUbsequent event.
5) My analyses, opinions, and conclusions were developed. and this report has been prepared in
accordance with the final rule by Office of the Comptroller of the Currency (12 CFR Part 34) dated August 24,
1990, as amended, the Uniform Standards of Professional Appraisal Practice and in conformity with the
requirements of the Code of Professional Ethics and the Standards of Professional Practice of the Appraisal
J nstitute.
6) I have made a personal inspection of the property that is the subject of this report.
7) No one provided significant profeSSional assistance to the person signing this report.
8) The value estimates in this report were not based on a requested minimum valuation, a specific
valuation, or for the approval of any loan.
9) The use of this report is subject to the requirements of the Appraisal Institute relating to review by its
duly authorized representatives.
.
."
.
3
The prospective values estimated in this report were based on market data and conditions as of
September 4,2000, which were projected to remain stable. It is impossible to accurately anticipate the future
conditions that could influence the. values. I project that market conditions should continue to improve at a
moderate rate. Any substantial changes in market conditions could have a favorable or unfavorable influence
on the values. I accept no responsibility regarding future changes in the market that could not be anticipated
as of the date of this report. I project the marketing period for a sale to be about 12 to 48 months.
This transmittal letter and certification precede the Appraisal report, further describing the subject property
and continuing the reasoning and pertinent data leading to the estimated value. Your attention is directed to
the "GeneraJ Underlying Assumptions" and "Limiting Conditions" which are considered usual for this type of
assignment and have been included at the end of this report.
As a result of my investigation, and based upon the analysis of the following data, it is my opinion that the
Market Value of the subject property, as of September 4, 2000 is as follows:
$5..900.000
FIVE MILLION NINE HUNDRED THOUSAND DOLLARS
Respectfully Submitted,
1L
Thomas P. Ka
Kane Appraisal and Real Estate, Inc.
Certified General Appraiser
Iowa #483-72-5444
e\
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EXHIBIT "B"
Lot 2 of 1 and Lot 2 of Lot 2 of South Fork Industrial Subdivision No.1, Section 31,
Township 89 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, according to the
recorded plat thereof, consisting of 46 acres.
.
.\
.
EXHIBIT "C"
See attached September 15,2000 cover letter to the appraisal performed for Seller by Mr.
Thomas Kane, Tom Kane Appraisals, of Dubuque, Iowa, which the parties acknowledge to be
the value of the Seippel Road Real Estate shown by the appraisal.
.1
SUMMARY APPRAISAL
OF THE MARKET VALUE
OFTHE
CITY OF DUBUQUE LAND PARCELS
ADJACENT TO SEIPPLE ROAD/COUSINS ROAD INTERSECTION
DUBUQUE, IOWA
AS OF: SEPTEMBER 12, 2000
DATED: SEPTEMBER 15, 2000
PREPARED FOR:
.1
ATTORNEY BRIAN KANE
2100 ASBURY ROAD, SUITE D
DUBUQUE, IOWA 52001
PREPARED BY
THOMAS P. KANE
KANE APPRAISAL AND REAL ESTATE, INC.
11020 LAKEVIEW DRIVE
DUBUQUE, IOWA 52003
PH: 319-556-2068
FAX: 319-557-8107
.
.
.
.
2
September 15, 2000
Mr. Brian Kane
2100 Asbury Road, Suite D
Dubuque, IA 52002
Dear Mr. Kane,
As requested, I have personally inspected the City of DUbuque Land Parcel, located adjacent to the west of
Seipple Road/Cousins Road Intersection. The purpose of the Appraisal is to estimate the Market Value of the
fee simple interest of the subject property. The function of the Appraisal is for investment analysis purposes.
The subject property consists of an estimated 45.91 acres more or less or 1 ,999,839.6/SF more or less. The
property consists of 7 individual platted C-3 zone commercial land parcels, with all publiC and private utilities
available.
I certify that, to the best of my knowledge and belief:
1) The statements of fact contained in this report are true and correct.
2) The reported analyses, opinions, and conclusions are limited only by the reported assumptions and
limiting conditions, and are my personal, unbiased, professional analyses, opinions and conclusions.
3) I have no present or prospective interest in the property that is the subject of this report, and I have no
personal interest or bias with respect to the parties involved.
4) My compensation is not contingent upon the reporting of a predetermined value or direction in value
that favors the cause of the client, the amount of the value estimate. the attainment of a stipulated result, or
the occurrence of a subsequent event.
5) My analyses, opinions. and conclusions were developed, and this report has been prepared in
accordance with the final rule by Office of the Comptroller of the Currency (12 CFR Part 34) dated August 24,
1990, as amended, the Uniform Standards of Professional Appraisal Practice and in conformity with the
requirements of the Code of Professional Ethics and the Standards of Professional Practice of the Appraisal
Institute,
6) I have made a personal inspection of the property that is the subject of this report.
7) No one provided significant professional assistance to the person signing this report.
8) The value estimates in this report were not based on a requested minimum valuation, a specific
valuation, or for the approval of any loan.
9) The use of this report is subject to the requirements of the Appraisal Institute relating to review by its
duly authorized representatives.
.i
.)
.'
3
The prospective values estimated in this report were based on market data and conditions as of
September 12,2000, which were projected to remain stable. It is impossible to accurately anticipate the
future conditions that could influence the values. I project that market conditions should continue to improve
at a moderate rate. Any substantial changes in market conditions could have a favorable or unfavorable
influence on the values. I accept rio responsibility regarding future changes in the market that could not be
anticipated as of the date of this report. I project the marketing period for a sale to be about 12 to 48 months.
This transmittal letter and certification precede the Appraisal report, further describing the subject property
and continuing the reasoning and pertinent data leading to the estimated value. Your attention is directed to
the "General Underlying Assumptions" and "Limiting Conditions" which are considered usual for this type of
assignment and have been induded at the end of this report.
As a result of my investigation, and based upon the analysis of the following data. it is my opinion that the
Market VaJue of the subject property, as of September 12. 2000 is as follows:
$2..200..000
TWO MILLION TWO HUNDRED THOUSAND DOLLARS
Respectfully Submitted,
Thomas P. Kane
Kane Appraisal and Real Estate, Inc.
Certified General Appraiser
Iowa #483-72-5444
.i
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EXHIBIT "D"
[Seippel Road Real Estate shall be conveyed pursuant to a Warranty Deed in the form as
attached hereto] [Section 2(d)(ii) provision to be included in such Deed]
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BUESING & ASSOCIATES
CONSULTING ENGINEERS
1212 LOCUST S"(REET
DUBUCIUE. IOWA 52001
(319) 558-4389
DATE
SEPT 28. 2000
SCAlE
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REVISIONS
PfEWlm FOR; CI1Y OF DUBUQUE
C/O: PAMElA MYHRE
50 WEST 13TH ST.
0UlIUQUE. IA 52001
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C/O: PoWEIA_
50 WEST ,3TH ST
0U8UClUlE. IA_
BUESIIIOG & ASSOGIA TE~ I
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EXHIBIT "E"
Exhibit "E" is a listing of the existing month-to-month tenants on the real estate.
See attached letter dated July 11, 2000
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.
Brian J. KJr.e
(iJry K. .'iorov
L,;s V Rc:dalck.
D. Flint DraKe"
Bma 1. Hc:vlOg
Toad L. Slevenson.
LOUIS P. Pfedc:r
l'v1ary8eth Pfeder Salmon
K.-\..'fE. :'fORBY & REDD[C~ P.c.
A TIOR.'iEYS
2!I)O....SBL'RY ROAD. SUITE Z
DL'BL'QL'E. I.... 52001
'.
All admmed in Iowa
. A'lso admmed In illinoIs
uAlso admmed In Wisconsin
July 11,2000
Phone: l3 19) 582- 7980
FaCSimile: (319) 582-531':
E.mall: knrpc@mwcl.net
PERSONAL .-\J.'\fD CONFIDENTIAL
Mr. Barry A. Lindahl
Attorney at Law
t 96 CyC:lre Plaza
Dubuque. fA 5':00 I
RE; PLASTIC CE:'fTER. INC. d/b/a THE FISCHER COMP.-\..'HES/
CITY OF DL'BL'QUE/ICE HARBOR
.;
Dear Barry:
You prevlously requested rhe name of the various tenams or others who store prope~1 on
our cliem's riverrronr properr:/. Enclosed please tind a list showing the name of each such party
aiong with their respective addresses.
A.s we understand it. \-filler Logging and Ron Walters Logging use the land for log storage.
Apparently \ifr. Waiters does not have logs stored on our cliem' s property now but does plan to store
logs on the property again in the fall. Further. J &R Transport rems storage space in the wimer around
the Christmas season and is not currently storing goods on the property.
Please do not hesitate to contact us directly should you have any questions. Thank you.
Best regards,
K...-\.i'\jc. ~ORBY & REDDICK. P.c.
By
~4-K
Brian J. ~e
. BJK:db
Enclosure
Copy To: .'vfr. James :vr. Pfohl
.
.
.
".
:Mille!" Logging
380 East 414 Street
Dubuque, L-\ 5Z00 1
Ron Walters Logging
219 Acre S treer
Guttenberg, L'\ 52052
Hodge Transit Warehouse
1111 Purina Drive
Dubuque, IA 52001
Dodd' 3 River T ennioa1s
PO Box 3414
Dubuque., IA 52004-3414
Terry O'Neill
44389 Manitou
Clinton Township, M1 48038
Rustic Hill Carriage T ouo
ColIeen Bl':ldley
5076 Bennettville Road
Zwingle. L~ 52079
J & R Transport
John Hemst
125 North 3n1 Street
Dickeyviile. VVT 53808
7C"7"~ ;:. 2~
.
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Attachment"
NOTICE OF PUBLIC MEETING
CITY OF DUBUQUE
MEETING DATE:
MEETING TIME:
MEETING PLACE:
ZONING ADVISORY COMMISSION
Wednesday, October 4, 2000
6:30 p.m.
Auditorium, Upper Level, Carnegie Stout Library
360 W. 11 th Street, Dubuque, Iowa
.iI
Notice ~ hereby given that the above Identified governmental body will meet at the time, date and place as noted above. The agenda
for the meeting is as follows:
REGULAR SESSION
CALL TO ORDER
ROLL CALL
CERTIFICATE OF COMPLIANCE
MINUTES - September 6, 2000
ACTION ITFM~
Subdivision Plats
Applicant:
Location:
Description:
Applicant:
Location:
Description:
PIIRIIC HFARING
Rezonings
Applicant:
Location:
Description:
Applicant:
Location:
DeSCription:
Applicant:
Location:
Description:
William Bruggeman
Highway 61 /1 51 near Lake Eleanor Road
Final Plat of Bruggeman Acres, 1 st Addition to subdivide property into 3 lots.
Tim and Sara Hilby
3966 Asbury Road
Preliminary Plat of Crimson View Subdivision, to subdivide property into 97 single-
family lots.
Tim and Sara Hilby
3966 Asbury Road
To rezone property from C-2 Neighborhood Shopping Center District to R-1 Single-
Family Residential District.
Dennis and Lori Ansel
200 1 Rockdale Road
To rezone property from C-1 Neighborhood Commercial District and R-1 Single-
Family Residential District to CS Commercial Service and Wholesale District.
Nick and Jane Hancock
1105 University Avenue
To rezone property from C-3 General Commercial, with conditions, to R-3
Moderate Density Multi-Family Residential District to allow conversion of a portion
of the building to a 4-plex and continue use of storefront for retail operation.
.
.
.
Public Notice of Meeting
Zoning Advisory Commission
Page 2
Rezonings
Applicant:
Location:
Description:
Dolphin Custom Cabinets
Near 3160 Cedar Cross Court
To rezone property from AG Agricultural District to R- t Single-Family Residential
District.
Applicant:
Location:
Description:
Lloyd and Lois Gudenkauf
Kathy Drive - Jaeger Heights Subdivision
To rezone property from R- t Single-Family Residential District to R-2 Two-Family
Residential District.
Applicant:
Location:
Description:
City of Dubuque/Rlprow Valley Coalition
End of Julien Dubuque Drive
To rezone property in conjunction with annexation from PI Planned Industrial
District and County A-I to R-l Single-Family Residential District.
Applicant:
Location:
Description:
City of Dubuque
West of Cousins Road on Se"ippel Road
To rezone property from AG Agricultural District to C-3 General Commercial
District.
Text Amendments
Applicant:
Description:
David Hartig
To amend Section +3.5(c) of the Zoning Ordinance to add limitation on size of
political signs.
Applicant:
Description:
City of Dubuque (referral from City Council)
To amend Section +3.5(c) of the Zoning Ordinance to delete the duratlonallimlts
for political signs.
ITEMS FROM PUBLIC
ITEMS FROM COMMISSION
ITEMS FROM STAFF
This notice is given pursuant to Chapter 21 , Code of Iowa and applicable local regulations of the City of Dubuque
and/or the governmental body holding the meeting. If you have any questions or comments concerning this notice,
please contact the Planning Services Division, City Hall, 50 W. 13th Street, (319) 589-42 t O. Individuals with r Ited
English proficiency, or vision, hearing or speech impairments requiring special assistance should c ~e ng
Services Department at 589-4210, 48 hours prior to the meeting. /.':::;.
.
~~E
~~~
City of Dubuque
Planning Services Department
Dubuque IA 52001-4864
Phone: 319-589-421 0
Fax: 319-589-4221
PLANNING APPLICATION FORM
o Variance
o Conditional Use Permit
o Appeal
o Special Exception
o Limited Setback Waiver
III Rezoning
o Planned District
o Preliminary Plat
o Minor Final Plat
o Text Amendment
o Simple Site Plan
o Minor Site Plan
o Major Site Plan
o Major Final Plat
o Simple Subdivision
o Annexation
o Temporary Use Permit
o CertifICate of Appropriateness
o CertifICate of Economic Hardship
o Other.
PLEASE TYPE OR PRINT LEGIBLY IN INK
Property Owner(s): City of Dubuaue
Address: 50 W. 13th St.
Fax Number: (319)589-4221
City: Dubuaue
State: IA
Phone: (319)589-4210
Zip: 52001-4864
Mobile/Cellular Number:
Applicant/Agent: Planning Services Deoartment
Phone:
Address: 50 W. 13th St.
Fax Number.
City: Dubuaue
Mobile/Cellular Number:
State: --'A- Zip: 52001-4864
. Site location/address: West of Cousins Road on Selonel Road
Existing zoning: AG
Proposed zoning: C-3
Historic district: N/A
Landmark: N/A
Legal description (Sidwell Parcel 10 number or lot numberJblock number/subdivision): Lot 2 of 1 and Lot 2 of 2 of
South Fork Industrial Subdivision No.1. Sec. 31. T89N. R2E.
Total property (lot) area (square feet or acres): 46' a~res.' + 1- Number of lots: 2
Describe proposal and reason necessary (attach a letter of explanation, if needed): Rezoning to C-3 is a condition
of ourchase aareement
CERTIFICATION: 1Iwe, the undersigned, do hereby certify that:
1.
The information submitted herein is true and correct to the best of my/our knowledge and upon submittal
becomes public record;
2. Fees are not refundable an p-ayment does guarantee approval; and
3. All additional Ii ulred . td grap ic rials are attached.
Property Owner(s):
Date:
9/13/m
I {
Applicant/Agent:
Date:
.
FOR OFFICE USE ONLY - APPLICATION SUBIIITTAL CHECKLIST
Fee: $1.000 Received by: Date: Docket:
o Property ownership list 0 Site/sketch plan 0 Floor plan 0 Plat 0 Conceptual development plan
o Improvement plans 0 Design review project description 0 Photo 0 Other:
REZONING STAFF REPORT
Zoning Agenda: October 5, 2000
. Property Address: West of Cousins Road on Seippel Road
Property Owner:
City of Dubuque
Applicant:
City of DUbuque
Proposed land Use: Commercial
Proposed Zoning: C-3
Existing land Use: Agricultural
Existing Zoning: AG
Adjacent land Use:
North - Agricultural/residential
East - Vacant
South - Agricultural
West - Agricultural
Adjacent Zoning: North - County
East - C-3
South - AG
West - AG
Former Zoning:
1934-County; 1975-County; 1985-County
Total Area:
Property History: The property has been used for agricultural purposes for many
years and was annexed to the city in the summer of 1999.
.
Physical Characteristics: The property is characterized by rolling topography that has
been used for agricultural production for many years.
Concurrence with Comprehensive Plan: The 1995 Comprehensive Plan did not
designate this area.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns/Counts: There are no traffic counts available for either Seippel
Road or Cousins Road.
Public Services: Existing public services are adequate to serve the site.
.
Environment: Staff does not anticipate any adverse impact to the environment
provided adequate erosion control is practiced during all phases of development.
Adjacent Properties: The development of the property for commercial uses would
increase the volume of traffic on Seippel Road and to a lesser extent Cousins
Road. Development of the now agricultural property for commercial uses will
increase ambient light levels and noise levels.
CIP Investments: None proposed.
.
.
.
REZONING STAFF REPORT
Page 2
Staff Analysis: The applicant is requesting rezoning of the subject parcel from AG
Agricultural to C-3 General Commercial District. The C-3 General Commercial District
allows for a wide range of commercial retail land uses. The subject parcel does have
direct access to U.S. Highway 20 by the newly constructed Seippel Road extension and
borders existing C-3 General Commercial property on the east side of Cousins Road.
At this time, there are no development proposals for this site. The City of Dubuque is
requesting rezoning of this parcel as a condition to a purchase agreement.
Staff recommends the Zoning Advisory Commission review Section 6-1.1 of the Zoning
Ordinance that establishes criteria for rezoning requests.
Prepared by: ~ knJ/-z, Reviewe.
"'am:~
.
.
.
Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th Street Telephone: 589-4210
ORDINANCE NO. -00
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OR THE
CITY OF DUBUQUE CODE OF ORDINANCES BE RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED ALONG SEIPPEL ROAD,
WEST OF COUSINS ROAD FROM AG AGRICULTURAL DISTRICT TO C-3
GENERAL COMMERCIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances is hereby amended by reclassifying the hereinafter described property from
AG Agricultural District to C-3 General Commercial District, as shown in Exhibit A, and to
the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as
provided by law
Passed, approved and adopted this
day of
,2000.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
F:\USERS\PUBLlCIN\LISA\SIEPPEL. WPD
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Applicant: City of Dubuque
Location: West of Cousins
Road on Seippel Road
Description: To rezone
property from
AG Agricultural District to
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Surveyors Certificate
Dubuque, Iowa /(!? 0' c:::. f . 2000
.1 hereby certify that the plat shown on SHEET 1 OF 4 hereof. is a true and correct PLAT OF SURVEY OF LOT 1 OF 1 AND
LOT 2 OF 1, A DIVISION OF LOT 1 OF SOUTH FORK INDUSTRIAL SUBDIVISION NO.1. SECTION 31, T89N, R2E OF
THE 5TH P.M., IN THE CITY OF DUBUQUE, IOWA. The perimeter of LOT 1 OF SOUTH FORK INDUSTRIAL SUBDIVISION
NO.1, was surveyed by me and is more particularly described as follows:
Sheet 2 of 4
LOT 1 OF SOUTH FORK INDUSTRIAL SUBDIVISION NO.1
Commencing at West X corner of Section 31, T89N, R2E;
Thence North 8r58'56" East (This is an assumed bearing for the purpose of this survey only) along the South line of the NW
X of said Section 31, a distance of 146.11 feet to the Point of Beginning;
Thence North 870 58' 56" East along the South line of NW X and the SW X NE X of said Section 31, a distance of 3812.99
feet to the West RO.W. (Right of Way) line of Cousins Road;
Thence South 1058'51" East along said West RO.W. line, a distance of 410.99 feet to a point intersecting the North RO.W.
line of Seippel Road;
Thence South 79007'27" West along said North RO.W. line, a distance of 2655.51 feet;
Thence Northwesterly along the North RO.W. line of said Seippel Road, a distance of 1592.50 feet along the Arc of a
1050.00 foot radius curve to the right, of which the chord distance is 1444.19 feet and a chord bearing of North 57025'35"
West to the Point of Beginning.
.The area of Lot 1 of 1 is 28.63 Acres. The area of Lot 2 of 1 is 26.19 Acres. The TOTAL AREA is 54.82 Acres and is subject
all easements of record and not of record.
I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under
my dir t personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa. All
mo urn nts were placed.
/ <:) c:r c.-;t. Z. C)oo
DATE
JOH L. WHITE
LI NSED LAND SURVEYOR
GISTRA TION # 4016
REG. RENEWAL 12/31/00
.
Owner's Consent
Dubuque, Iowa O~ /tJ. 2000
· The foregoing PLAT OF SURVEY OF LOT 1 OF 1 AND LOT 2 OF 1, A DIVISION OF LOT 1 OF SOUTH FORK
INDUSTRIAL SUBDIVISION NO.1. SECTION 31, T89N, R2E OF THE 5TH P.M., IN THE CITY OF DUBUQUE, IOWA is
made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said
real estate.
Sheet 3 of 4
Cit
I
State of Iowa )
)
County of Dubuque ) ss:
. On thispay of ~ /{)-fA.: A.D. 2000, before me, the undersigned, a Notary Public in and for the Stale
f Iowa, personally appeared Terrance M. Duggan and Jeannie Schneider to me personally known, who, being
duly sworn did say that are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a municipal
corporation, executing the within and foregoing instrument and acknowledged that they executed the same as a
voluntary act and deed of the City of Dubuque, by it by them v luntaril ted.
Wit ss my hand and Notarial Seal on the date above written
No ary Public in and for the State of Iowa
.
Sheet 4 of 4
.
Plannina Services
Dubuque, Iowa
.Dc \V~ LQ 2000
The foregoing PLAT OF SURVEY OF LOT 1 of 1 AND 2 OF 1, A DIVISION OF LOT 1 OF SOUTH FORK INDUSTRIAL
SUBDIVISION NO.1, SECTION 31, T89N, R2E OF THE 5TH P.M., IN THE CITY OF DUBUQUE, IOWA, is hereby approved
by City Planner of the City of Dubuque, Iowa. a~
BY~~
City Planner of the City of Dubuque, IA
City Assessor's Certificate
Dubuque, Iowa
The foregoing PLAT OF SURVEY OF LOT 1 OF 1 AND LOT 2 OF 1, A SUBDIVISION OF LOT 1 OF SOUTH FORK
INDUSTRIAL SUBDIVISION NO.1. SECTION 31, T89N, R2E OF THE 5TH P.M., IN THE CITY OF DUBUQUE, IOWA, was
entered of record in the Office of the City Assessor of the City of Dubuque, Iowa, on the date first written above.
....2000
City Assessor of the City of Dubuque, IA
.
County Auditor's Certificate
Dubuque, Iowa
I, the undersigned, Denise M. Dolan, Dubuque County Auditor have reviewed and examined the foregoing PLAT OF
SURVEY OF LOT 1 OF 1 AND LOT 2 OF 1, A SUBDIVISION OF LOT 1 OF SOUTH FORK INDUSTRIAL SUBDIVISION
NO.1. SECTION 31, T89N, R2E OF THE 5TH P.M., IN THE CITY OF DUBUQUE, IOWA. The foregoing Survey Plat was
entered of record in the Office of the County Auditor of Dubuque County, Iowa, on the date first written above.
.2000
County Auditor of Dubuque County, Iowa
.
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Surveyors Certificate
Dubuque, Iowa ,/a Oc:- r . 2000
.erebY certify that the plat shown on SHEET 1 OF 4 hereof, is a true and correct PLAT OF SURVEY OF LOT 1 of 2 AND 2
OF 2, A DIVISION OF LOT 2 OF SOUTH FORK INDUSTRIAL SUBDIVISION NO.1, SECTION 31, T89N, R2E OF THE 5TH
P.M., IN THE CITY OF DUBUQUE, IOWA. The perimeter of LOT 2 OF SOUTH FORK INDUSTRIAL SUBDIVISION NO.1,
was surveyed by me and is more particularly described as follows:
Sheet 2 of 4
LOT 2 OF SOUTH FORK INDUSTRIAL SUBDIVISION NO.1
Commencing at the Southeast comer of Section 36, T89N, R1 E, said point being the Point Of Beginning;
Thence North 20 06' 10" West (this is an assumed bearing for the purposes of this survey only) along the East line of said
SE1/4, a distance of 2162.69 feet to a point on the East RO~W. (Right of Way) line of Cottingham Road;
Thence South 74012'25"East along the South line of said RO.W. line, a distance of 34.22 feet;
Thence North 1504T26"East along said RO.W. line, a distance of 10.00 feet;
Thence Northeasterly along the Southeasterly line of said RO.W. line, a distance of 204.07 feet along the arc of a 250.00 foot
radius curve to the right, of which the Chord distance is 198.45 feet and the Chord bearing is North 390 10' 33" East:
Thence North 62033'38"East along said RO.W. line, a distance of 2.15 feet to the Southwest RO.W. line of Seippel Road;
Thence Southeasterly along said RO.W line, a distance of 1398.97 feet along the arc of a 1150.00 foot radius curve to the
left, of which the Chord distance is 1314.29 feet and the Chord bearing is South 660 01' 33" East:
Thence North 790 01' 26" East along said RO.W. line, a distance of 2639.86 feet to the West RO.W. line of Cousins Road;
.ence South 1 058' 50" East along said RO.W. line, a distance of 1123.69 feet to the North line of Lot 1-2 of the SW1/4
SE1/4, Section 31, T89N, R2E;
Thence South 870 22' 34" West along the North line of said Lot 1-2, a distance of 442.17 feet to the Northwest comer of said
Lot 1-2;
Thence South 1049' 14" East along the West line of said Lot 1-2, and Lot 2-2 and Lot 3-2 of the SW1/4 SE1/4, a distance of
1000.17 feet to the North line of Section 6, T88N, R2E;
Thence South 87018' 19" West along the North line of said Section 6, a distance of 849.66 feet to the S1/4 corner of Section
31, T89N, R2E;
Thence South 870 41' 33" West along the North line of said Section 6, a distance of 743.66 feet to the N1/4 corner of Section
6, T88N, R2E;
Thence South 87058'31" West along the North line of said Section 6, a distance of 1915.24 feet to the Point of beginning.
The area of Lot 1 of 2 is 145.01 Acres. The area of Lot 2 of 2 is 19.74 Acres. The total Surveyed Area is 164.75 Acres and is
subject to all easements of record and not of record.
I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under
my . ect ersonal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa. All
m nume s were placed.
~,
L. WHITE
NSED LAND SURVEYOR
GISTRATION # 4016
/0 Oc::;./ Zc::>C7~
DATE
REG. RENEWAL 12/31/00
Owner's Consent
Sheet 3 of 4
Dubuque, Iowa
.he foregoing PLAT OF SURVEY OF LOT 1 of 2 AND 2 OF 2, A DIVISION OF LOT 2 OF SOUTH FORK INDUSTRIAL
SUBDIVISION NO.1, SECTION 31, T89N, R2E OF THE 5TH P.M., IN THE CITY OF DUBUQUE, IOWA, is made with the
free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate.
Wk /t:/. 2000
~~~~/LJd
?eity of Dubuque Clerk
State of Iowa )
)
County of Dubuque ) ss:
On thissfay Of~~L It> ~ A.D. 2000, before me, the undersigned, a Notary Public in and for the State
.f Iowa, personally appeared Terrance M. Duggan and Jeannie Schneider to me personally known, who, being
~uly sworn did say that are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a municipal
corporation, executing the within and foregoing instrument and acknowledged that they executed the same as a
voluntary act and deed of the City of Dubuque, by it d by them voluntarily executed.
.
Sheet 4 of 4
Plannina Services
.ubuque, Iowa ~ to. 2000
The foregoing PLAT OF SURVEY OF LOT 1 of 2 AND 2 OF 2, A DIVISION OF LOT 2 OF SOUTH FORK INDUSTRIAL
SUBDIVISION NO.1, SECTION 31, T89N, R2E OF THE 5TH P.M., IN THE CITY OF DUBUQUE, IOWA, is hereby approved
by City Planner of the City of Dubuque, Iowa. BY:~Il.~
City Planner of the City of Dubuque, IA
City Assessor's Certificate
Dubuque, Iowa
.2000
The foregoing PLAT OF SURVEY OF LOT 1 of 2 AND 2 OF 2, A DIVISION OF LOT 2 OF SOUTH FORK INDUSTRIAL
SUBDIVISION NO.1, SECTION 31, T89N, R2E OF THE 5TH P.M., IN THE CITY OF DUBUQUE, IOWA, was entered of
record in the Office of the City Assessor of the City of Dubuque, Iowa, on the date first written above.
City Assessor of the City of Dubuque, IA
.
County Auditor's Certificate
Dubuque, Iowa
.2000
I, the undersigned, Denise M. Dolan, Dubuque County Auditor have reviewed and examined the foregoing PLAT OF
SURVEY OF LOT 1 of 2 AND 2 OF 2, A DIVISION OF LOT 2 OF SOUTH FORK INDUSTRIAL SUBDIVISION NO.1,
SECTION 31, T89N, R2E OF THE 5TH P.M., IN THE CITY OF DUBUQUE, IOWA. The foregoing Survey Plat was entered of
record in the Office of the County Auditor of Dubuque County, Iowa, on the date first written above.
County Auditor of Dubuque County, Iowa
.
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DUBUQUE CO.. IOWA FEEs' .
Prepared by: Jim Burke, City of Dubuque, 50 West 13th, Dubuque, lA, (319) 589-4393
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RESOLUTION Ndi06 -00
DISPOSING OF THE CITY OF DUBUQUE'S INTEREST IN REAL PROPERTY BY DEED
TO PLASTIC CENTER, INC. AND APPROVING AN AGREEMENT WITII PLASTIC
CENTER FOR THE ACQUlSmON BY THE CITY OF DUBUQUE OF REAL PROPERTY
OWNED BY PLASTIC CENTER, INC. ON THE FOURTH STREET PENINSULA
WHEREAS, the City of Dubuque, Iowa (City) is the owner of the following real property
(the Property):
Lot 2 oft and Lot 2 of2 of South Fork Industrial Subdivision No.1, Section 31, Township 89
North Range 2 East of the 5th PM., in Dubuque County, Iowa, according to the recorded plat
thereat: consisting of 46 acres, more or less.
. "'"
AND WHEREAS, Plastic Center, Inc. (plastic Center) is the owner of certain real property
located on the 4th Street Peninsula which City desires to acquire;
"
AND WHEREAS, City and Plastic Center have entered into an Agreement, a copy of which
is attached hereto, pursuant to which City will convey the Property to Plastic Center and in
consideration for which Plastic Center will convey certain property to City;
AND WHEREAS, on October 16, 2000, the City Council pursuant to notice published as
required by law held a public hearing on its intent to dispose of the foregoing interest in the
Property and overruled all objections thereto;
AND WHEREAS, the City Council finds that it is in the best interest of the City to approve
the Agreement and the disposition of the Property as provided in the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Agreement attached hereto and the disposition of the above-described
Property is hereby approved. The Mayor is hereby authorized and directed to execute the Warranty
Deed attached hereto disposing of all of the City's right, title and interest in the foregoing-described
Property to Plastic Center, Inc.
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Section 2. The City Clerk is hereby authorized and directed to cause this Resolution to be
recorded with the Dubuque County Recorder.
Passed, approved and adopted this 16th day of October, ~ ./ ./ ~ ~ ~
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CERTIFICATE OF CITY CLERK
STATE OF IOWA
COUNTY OF DUBUQUE
I, Jeanne F. Schneider, do hereby certify that I am the duly appointed,
qualified, and acting Clerk of the City of Dubuque, Iowa in the County
aforesaid, and as such 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. 506-00 is a correct copy of the original
Resolution No. 506-00 approved and adopted by the City Council of the City
of Dubuque, Iowa, at a session held by said Council on the 16th day of
October, 2000.
In Testimony Whereof, I hereunto set my hand and official seal of the City of
Dubuque, Iowa.
. Dated at Dubuque, Iowa on this 18th day of October, 2000.
. /'J/
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VJeanne F. Schneider
City Clerk
City of Dubuque, Iowa
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Attachment'
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: PLASTIC CENTER, INC., A New York Corporation d/b/a THE FISCHER COMPANIES
("Seller")
The undersigned Buyer hereby offers to purchase certain real estate located in Dubuque
County, Iowa, from the Seller, upon the following terms and conditions:
1. Real Estate Description. Buyer offers to buy real estate in Dubuque County, Iowa,
described as follows:
PARCEL I:
Lots 1,2,3,4,5,6, 7, 8, 9, 10 & 11, all in Block "N",
Lots 1,2,3, the South 4 feet of Lot 4, all in Block "0", in Booth's Addition
PARCEL II:
That part of Vacated Fourth Street from the Easterly line of Lot 11, in Ice Harbor
Development to the Levee, in Booth's Addition;
That part of V acated Fifth Street from the Westerly line of V acated Tower Street to the levee,
in Booth's Addition;
That part of Vacated Tower Street lying Northerly of Lot B in Ice Harbor Development to
the South line of Lot D, in Booth's Addition.
PARCEL III:
Lots 1 to 30, both inclusive, in Block "J",
Lots 1 to 15, both inclusive, in Block "I", all in Booth's Addition.
PARCEL IV:
Lots 9 to 15, both inclusive & Lot 2 of8, in Block "K", and
the Northerly 19 feet 9 inches of Lot 7, all of Lots 8, 9, 10, 11, in Block "M", all in Booth's
Addition.
PARCEL V:
Lots 1,2 and 3 in Block 32,
Lots 23 and 24 in Block 25,
Lots 1 to 13, both inclusive, in Block 24, all in Dubuque Harbor Improvement Company's
Addition;
Lots 6 to 11, both inclusive, in Block "0", in Booth's Addition.
Page 1 of 8
.
.
.
, "
j
PARCEL VI:
Lots B, C and D, in Booth's Addition.
PARCEL VII:
Lot 5 and the North 18 feet of Lot 4 in Block "0", in Booth's Addition.
PARCEL VIII:
Lots 13 to 22, both inclusive, in Block 25 and
Lots 4 to 12, both inclusive, in Block 32, all in Dubuque Harbor Improvement Company's
Addition.
PARCEL IX:
The North 3 feet 3 inches of Lot 5, all of Lot 6, and
the South 3 feet 6 inches of Lot 7, in Block "M", in Booth's Addition.
PARCEL X:
Lot B-ll, in Booth's Addition.
PARCEL XI:
Lot B-12, in Booth's Addition.
PARCEL XII:
Lots 1 to 24, both inclusive, in Block 23,
Lots 1 to 12, both inclusive, in Block 25,
Lot "A-4" and Lot "A-7", all in Dubuque Harbor Improvement Company's Addition.
PARCEL XIII:
Lot 1 ofRIVERW ALK pI ADDITION in city of Dubuque, Iowa, according to
the recorded Plat thereof.
All in the City of Dubuque, Iowa, according to the respective recorded Plats thereof.
with any easement and appurtenant servient estates, but subject to any zoning and other ordinances,
any covenants of record, any easements of record for public utilities, roads and highways, and any
other easements of record, hereafter designated the "Real Estate."
Page 2 of 8
- . \
.
2. Bargain Sale/Purchase Price. The parties acknowledge that:
The Buyer, as a municipal corporation in the State of Iowa, has
commenced eminent domain proceedings to condemn the Real
Estate; and,
(a)
(b) The parties acknowledge that the value ofthe Real Estate, pursuant
to the appraisal obtained by Seller, is $5,900,000.00. Attached hereto
as Exhibit "A" and by this reference made a part hereof is the
September 4, 2000 cover letter to the appraisal performed for Seller
by Mr. Thomas Kane, of Tom Kane Appraisals, of Dubuque, Iowa,
which the parties acknowledge to be the value of the Real Estate
shown by the appraisal; and,
(c) The Seller (and its predecessors), as a long term corporate citizen of
the City of Dubuque, Iowa, and with the intent to make a gift, is
willing to sell the Real Estate to Buyer for:
(i) $2,000,000.00 in cash to be paid at the closing; and,
(ii)
.
.
46 acres of real estate described on Exhibit "B"
attached hereto and by this reference made a part
hereof (the "Seippel Road Real Estate"). The parties
acknowledge that the value ofthe Seippel Road Real
Estate, pursuant to the appraisal obtained by Seller, is
$2,200,000.00. Attached hereto as Exhibit "c" and
by this reference made a part hereof is the September
4, 2000 cover letter to the appraisal performed for
Seller by Mr. Thomas Kane, of Tom Kane Appraisals,
of Dubuque, Iowa, which the parties acknowledge to
be the value of the Seippel Road Real Estate shown
by the appraisal. Buyer, at Buyer's expense, shall
produce an abstract of title to Seller ten (10) days
prior to Closing showing marketable title to the
Seippel Road Real Estate in Buyer and that the
Seippel Road Real Estate is not subject to, among
other things, any mortgages, liens, encumbrances or
leases which cannot be released or terminated as of
the Closing. If closing is delayed due to Buyer's
inability to provide marketable title, this agreement
shall continue in full force and effect until either party
rescinds the agreement after giving twenty (20) days
written notice to the other party. Buyer, at its
expense, shall promptly cure any title defects in
accordance with Iowa law and the Iowa Land Title
Page 3 of 8
.
(iii)
Standards prior to Closing, and such abstract shall
become the property of Seller upon the Closing
hereof. The Buyer grants to Seller, at no additional
cost to Seller, the right to use, and access to, the pond
or ponds depicted on the existing map of the Seippel
Road Real Estate (attached to Exhibit "D" hereof) for
storm water detention and any other legal purposes
related to water run-off and detention (e.g. air
conditioning runoff/drainage); and,
Seller gives, with donative intent, the balance of the
value of the Real Estate, or $1,700,000.00 to the
Buyer. Buyer acknowledges that Buyer is a charitable
entity within the meaning of Section 501(c)(3) of the
Internal Revenue Code of 1986, as amended. Buyer
agrees to execute at the Closing (defined below) the
Form 8283, Non- Trust Charitable Contribution,
recognizing the receipt of, and the value (pursuant to
the appraisal) of the charitable contribution made by
Seller to Buyer as referred to herein; and,
(d) The bargain sale aspect of this transaction shall be paid as follows:
.
(i)
(ii)
.
$2,000,000.00 shall be paid in full at the Closing by
certified check, cashier's check, electronic funds
transfer or other means which provides immediately
available cash to the Seller; and,
The Seippel Road Real Estate shall be conveyed
pursuant to a Warranty Deed in the form as attached
hereto as Exhibit "D" and by this reference made a
part hereof at the Closing, subject to satisfaction of
the conditions referred to in Sections 18(b ), (c) and
(d) below. Such Warranty Deed conveying the
Seippel Road Real Estate shall include a provision
that the Buyer shall be solely responsible for the
initial extension (and only one extension) of water,
sanitary sewer and storm sewer utilities to the border
(at just one location) ofthe Seippel Road Real Estate,
and that there never be any connection charges
required of PCI (or its successors in interest) in
connection with any such utilities with respect to the
Seippel Road Real Estate.
Page 4 of 8
.
.
.
The purchase and bargain sale of this Real Estate, and the acceptance of the charitable
contribution made herein, is subject only to the conditions and contingencies described in this Offer
to Buy Real Estate and Acceptance. Buyer represents to Seller that Buyer has sufficient funds to
close this transaction in a timely fashion.
3. Real Estate Taxes. Real estate taxes shall be prorated to the date of possession. Buyer
shall be responsible for real estate taxes, if any, after the date of possession on the Real Estate.
4. Special Assessments. Buyer shall pay all special assessments which are a lien on the Real
Estate as of the date of acceptance of this offer. All other special assessments shall be paid by
Buyer. The parties acknowledge that there are no special assessments against the Real Estate as of
the date hereof.
5. Risk of Loss and Insurance. The parties acknowledge that the Real Estate is not
susceptible to loss from the date of this Offer through and including the Closing hereof; therefore,
prior to Seller's delivery of possession of the Real Estate to Buyer, all risk of loss shall be upon
Buyer until possession of the Real Estate shall be delivered to Buyer.
6. Care and Maintenance. The Real Estate shall be preserved in its present condition and
delivered intact at the time possession is delivered to Buyer, ordinary and reasonable wear and tear
excepted. See Section 19(a) below.
7. Possession/Date of Closing. If Buyer timely performs all obligations, possession of the
Real Estate shall be delivered to Buyer on October 17, 2000 (herein sometimes refen'ed to as the
"Closing Date" or "Closing"). At the Closing, and upon receipt of the consideration recited in
Section 2( d) hereof, Seller shall dismiss, with prejudice, the existing litigation pending in the Iowa
District Court for Dubuque County No. 01311EQCV091963, and the City shall be responsible for
the payment of Court costs in connection therewith.
8. Improvements. All improvements that integrally belong to or are part ofthe Real Estate
shall be considered a part of the Real Estate and included in this sale. Notwithstanding the
foregoing, Seller may remove any such improvements or other fixtures which belong to or are a part
of the Real Estate at or prior to the Closing.
9. Use ofthe Purchase Price. At time of settlement, funds ofthe purchase price may be used
to pay taxes and other liens and to acquire outstanding interests, if any, of others.
10. Abstract of Title. Seller, at Buyer's expense, shall promptly obtain an abstract oftitle
to the Real Estate continued through the date ofthis agreement which shall be examined by Buyer's
attorney. Such abstract shall show merchantable-title in Seller in conformity with this agreement,
Iowa law and title standards of the Iowa State Bar Association. The Seller shall make every
reasonable effort to promptly perfect title, The abstract shall become the property of Buyer when
the purchase price is paid in full. Sellers shall pay the cost of any additional abstracting and title
work due to any act or omission of Seller. The abstract shall be obtained from an abstractor qualified
by the Title Guaranty Division of the Iowa Housing Finance Authority.
Page 5 of 8
.
.
.
11. Deed. Upon payment of the bargain purchase price, Seller shall convey the Real Estate
to Buyer by Warranty Deed (Corporate Grantor) free and clear of all liens, restrictions and
encumbrances subject to easements and restrictions of record. Any general warranties oftitle shall
extend only to the time of acceptance of this Offer to Buy Real Estate and Acceptance, with special
warranties as to acts of Seller continuing up to time of delivery of the Warranty Deed.
12. Time is of the Essence. Time is of the essence in this contract.
13. Remedies of the Parties
(a) If Buyer fails to timely perform this contract, or any of Seller's conditions herein are not
satisfied (or waived in writing) at or prior to Closing, Seller shall not be required to close hereunder.
Alternatively, Seller may, at or prior to Closing, forfeit this Contract as provided by Iowa Code
Chapter 656(1999).
(b) If Seller fails to timely perform this contract, or if any of Buyer's conditions herein are
not satisfied (or waived in writing) at or prior to Closing, Buyer shall not be required to close
hereunder.
(c) Buyer and Seller are also entitled to utilize any and all other remedies or actions at law
or in equity available to them and shall be entitled to obtain judgment for costs and attorney's fees
as permitted by law. The parties specifically agree that each of them shall have the remedy of
specific performance in equity notwithstanding any other provision herein or by law to the contrary.
14. Contract Binding on Successors in Interest. This contract shall apply to and bind the
successors in interest of the parties.
15. Construction. Words and phrases shall be construed as in the singular or plural number
and as masculine, feminine or neuter gender, according to the context.
16. Time for Acceptance. If this Offer is not accepted by Buyer on or before October 17,
2000 it shall become void.
17. Conditions Precedent to Buver's Obligation to Purchase. Buyer's obligation to purchase
the Real Estate under the bargain purchase referred to herein and to accept the charitable contribution
from Seller as referred to herein is expressly conditioned upon the satisfaction of the following
conditions prior to Closing:
(a)
The approval ofthis Offer to Buy Real Estate and Acceptance by the
City Council ofthe City of Dubuque, Iowa on or before October 16,
2000.
Page 6 of 8
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.
.
18. Conditions Precedent to Seller's Obligation to Make Bargain Sale and Make
Contribution and Give Charitable Contribution. Seller's obligation to make the bargain sale and give
the charitable contribution herein with respect to the Real Estate is expressly conditioned upon the
satisfaction of the following conditions prior to Closing:
(a) Seller obtaining approval of this Offer to Buy Real Estate and
Acceptance by the Board of Directors of Seller; and,
(b) Buyer, at Buyer's sole expense, rezoning the Seippel Road Real
Estate as commercial property (i.e. C-3 zoning) prior to the closing;
and,
(c) Buyer, at Buyer's sole expense, surveying and platting the Seippel
Road Real Estate and providing the legal description thereto such that
such property can be conveyed by Warranty Deed from Buyer to
Seller as required herein at the closing; and,
(d)
Buyer, as part of the rezoning and platting referred to above, shall
provide curb cuts/access points for the Seippel Road Real Estate on
each side ofSeippel Road. Such curb cuts/access points need not be
constructed by Closing; rather, Buyer and Seller hereby agree to
those approximate locations of such curb cuts, pursuant to the
drawing attached to Exhibit "D" and subject to the City of Dubuque
engineering standards with respect to such curb cuts.
19. Condition and Groundwater Hazards. (a) Buyer has inspected the Real Estate and
accepts it in "AS IS" condition. Buyer shall release, indemnify and hold harmless Seller and Seller's
successors in interest with regard to any environmental claim, clean-up or remediation imposed or
threatened by the State ofIowa, the federal government or any other governmental agency or entity,
or any private person, arising out of or related to real estate, which indemnity and defense shall
survive the closing hereof.
(b) Seller has no actual knowledge of the presence in or beneath the Real Estate of solid
waste, radioactive waste, hazardous waste, hazardous substances, wells or other conditions which
may lead to groundwater contamination.
20. City Disclosure re Iowa Department of Transportation. Buyer represents and warrants
that, ~o the best of Buyer's knowledge, all material facts with regard to the Seippel Road Real Estate
concerning the Iowa Department of Transportation have been disclosed, and will continue to be
disclosed, by Buyer to Seller up through and including the Closing date. Buyer acknowledges that
Seller has reasonably relied upon such information provided by Buyer to Seller hereunder. Any
material change from present circumstances with regard to the Seippel Road Real Estate shall be
grounds for Seller not to close hereunder.
Page 7 of 8
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.
.
21. Existing Tenants. Attached hereto as Exhibit "E" is a listing ofthe existing month-to-
month tenants on the Real Estate. The Seller agrees to give notice to such Tenants on or before
September 30,2000 which shall provide that such Tenants shall vacate the Real Estate on or before
October 31, 2000. Notwithstanding any other provision herein, all of the rent for October, 2000
from such Tenants shall remain the property of Seller and no proration of such rental shall be
required hereunder.
22. Recording Costs. Notwithstanding any other provision herein, the Buyer shall be
responsible for all recording costs and abstracting costs in connection with the transactions
contemplated herein.
23. Miscellaneous. The parties agree that all understandings and agreements, if any,
previously made between the parties hereto are merged in this Agreement, which alone fully and
completely expresses their understanding with respect to the purchase and bargain sale ofthe Real
Estate. This agreement may not be changed or terminated orally, but only by an instrument in
writing executed by all of the parties hereto. This agreement shall not be transferred or assigned
without the prior written consent of the other party hereto, which consent shall not be unreasonably
withheld. This agreement shall be governed by and construed in accordance with the laws of the
State of Iowa. This Offer to Buy Real Estate and Acceptance may be signed in counterparts or by
facsimile signatures which, when taken together, shall constitute one original agreement. Each party
shall bear and be responsible for its own attorneys' fees.
October
DATED: ~Emm 16,2000
IOWA
1 , BUYER
i
G:\ WPDOCS\DONNAB\DOCSIPlastic Center Offer Ice Harbor Real Estate Seippcl Road Real Estate.wpd \
Page 8 of 8
SUMMARY APPRAISAL
.
OF THE MARKET VALUE
OFTHE
PLASTIC CENTER, INC. LAND PARCEL
(FORMERLY FISCHER ICE AND STORAGE FACILITY)
BELL STREET & 6TH STREET
DUBUQUE RIVER FRONT
DUBUQUE, IOWA
AS OF: SEPTEMBER 4, 2000
DATED: SEPTEMBER 7, 2000
PREPARED FOR:
.
ATTORNEY BRIAN KANE
2100 ASBURY ROAD, SUITE D
DUBUQUE, IOWA 52001
PREPARED BY
THOMAS P. KANE
KANE APPRAISAL AND REAL ESTATE, INC.
11020 LAKEVIEW DRIVE
DUBUQUE, IOWA 52003
PH: 319-556-2068
FAX: 319-557-8107
.
EXHIBIT" A"
.
See attached September 7,2000 cover letter to the appraisal performed for Seller by Mr.
Thomas Kane, of Tom Kane Appraisals, of Dubuque, Iowa, which the parties acknowledge to be
the value of the Real Estate shown by the appraisal.
.
.
.
.
.
2
September 7,2000
Mr. Brian Kane
2100 Asbury Road, Suite D
Dubuque, IA 52002
Dear Mr. Kane,
As requested, I have personally inspected the Plastic Center, Inc. Land Parcel, formerly the Fischer ice &
Storage Facility located at Bell Street & 6th Street in the Dubuque River Front in the Ice Harbor. The purpose
of the Appraisal is to estimate the Market Value of the fee simple interest of the subject property. The
function of the Appraisal is for investment analysis purposes. The subject property consists of 562,060/SF
more or less or 12.90 acrel) more or less.
I certify that, to the best of my knowledge and belief:
1) The statements of fact contained in this report are true and correct.
2) The reported analyses, opinions, and conclusions are limited only by the reported assumptions and
limiting conditions, and are my personal, unbiased, professional analyses, opinions and conclusions.
3) I have no present or prospective interest in the property that is the subject of this report, and I have no
personal interest or bias with respect to the parties involved.
4) My compensation is not contingent upon the reporting of a predetermined value or direction in value
that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or
the occurrence of a subsequent event.
5) My analyses, opinions, and conclusions were developed, and this report has been prepared in
accordance with the final rule by Office of the Comptroller of the Currency (12 CFR Part 34) dated August 24,
1990, as amended, the Uniform Standards of Professional Appraisal Practice and in conformity with the
requirements of the Code of Professional Ethics and the Standards of Professional Practice of the Appraisal
Institute,
6) I have made a personal inspection of the property that is the subject of this report.
7) No one provided significant professional assistance to the person signing this report.
8) The value estimates in this report were not based on a requested minimum valuation, a specific
valuation, or for the approval of any loan.
9) The use of this report is subject to the requirements of the Appraisal Institute relating to review by its
duly authorized representatives.
.
.
.
3
The prospective values estimated in this report were based on market data and conditions as of
September 4,2000, which were projected to remain stable. It is impossible to accurately anticipate the future
conditions that could influence the. values. I project that market conditions should continue to improve at a
moderate rate. Any substantial changes in market conditions could have a favorable or unfavorable influence
on the values. I accept no responsibility regarding future changes in the market that could not be anticipated
as of the date of this report. I project the marketing period for a sale to be about 12 to 48 months.
This transmittal letter and certification precede the Appraisal report, further describing the subject property
and continuing the reasoning and pertinent data leading to the estimated value. Your attention is directed to
the "General Underlying Assumptions" and "Limiting Conditions" which are considered usual for this type of
assignment and have been included at the end of this report.
As a result of my investigation, and based upon the analysis of the following data, it is my opinion that the
Market Value of the subject property, as of September 4,2000 is as follows:
$5~900~OOO
FIVE MILLION NINE HUNDRED THOUSAND DOLLARS
Respectfully Submitted,
L
Thomas P. Ka
Kane Appraisal and Real Estate, Inc.
Certified General Appraiser
Iowa #483-72-5444
.
EXHIBIT "B"
Lot 2 of 1 and Lot 2 of Lot 2 of South Fork Industrial Subdivision No.1, Section 31,
Township 89 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, according to the
recorded plat thereof, consisting of 46 acres.
.
.
.
.
.
EXHIBIT "C"
See attached September 15, 2000 cover letter to the appraisal performed for Seller by Mr.
Thomas Kane, Tom Kane Appraisals, of Dubuque, Iowa, which the parties acknowledge to be
the value of the Seippel Road Real Estate shown by the appraisal.
SUMMARY APPRAISAL
.
OF THE MARKET VALUE
OF THE
CITY OF DUBUQUE LAND PARCELS
ADJACENT TO SEIPPLE ROAD/COUSINS ROAD INTERSECTION
DUBUQUE, IOWA
AS OF: SEPTEMBER 12, 2000
DATED: SEPTEMBER 15, 2000
PREPARED FOR:
.
ATTORNEY BRIAN KANE
2100 ASBURY ROAD, SUITE D
DUBUQUE, IOWA 52001
PREPARED BY
THOMAS P. KANE
KANE APPRAISAL AND REAL ESTATE, INC.
11020 LAKEVIEW DRIVE
DUBUQUE, IOWA 52003
PH: 319-556-2068
FAX: 319-557-8107
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September 15, 2000
Mr. Brian Kane
2100 Asbury Road, Suite D
Dubuque, IA 52002
Dear Mr. Kane,
As requested, I have personally inspected the City of Dubuque Land Parcel, located adjacent to the west of
Seipple Road/Cousins Road Intersection. The purpose of the Appraisal is to estimate the Market Value of the
fee simple interest of the subject property. The function of the Appraisal is for investment analysis purposes.
The subject property consists of an estimated 45.91 acres more or less or 1 ,999,839.6/SF more or less. The
property consists of 7 individual platted C-3 zone commercial land parcels, with all public and private utilities
available.
I certify that, to the best of my knowledge and belief:
1) The statements of fact contained in this report are true and correct.
2) The reported analyses, opinions, and conclusions are limited only by the reported assumptions and
limiting conditions, and are my personal, unbiased, professional analyses, opinions and conclusions.
3) I have no present or prospective interest in the property that is the subject of this report, and I have no
personal interest or bias with respect to the parties involved.
4) My compensation is not contingent upon the reporting of a predetermined value or direction in value
that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or
the occurrence of a subsequent event.
5) My analyses, opinions, and conclusions were developed, and this report has been prepared in
accordance with the final rule by Office of the Comptroller of the Currency (12 CFR Part 34) dated August 24,
1990, as amended, the Uniform Standards of Professional Appraisal Practice and in conformity with the
requirements of the Code of Professional Ethics and the Standards of Professional Practice of the Appraisal
Institute,
6) I have made a personal inspection of the property that is the subject of this report.
7) No one provided significant professional assistance to the person signing this report.
8) The value estimates in this report were not based on a requested minimum valuation, a specific
valuation, or for the approval of any loan.
9) The use of this report is subject to the requirements of the Appraisal Institute relating to review by its
duly authorized representatives.
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The prospective values estimated in this report were based on market data and conditions as of
September 12, 2000, which were projected to remain stable. It is impossible to accurately anticipate the
future conditions that could influence the values. I project that market conditions should continue to improve
at a moderate rate. Any substantial changes in market conditions could have a favorable or unfavorable
influence on the values. I accept no responsibility regarding future changes in the market that could not be
anticipated as of the date of this report. I project the marketing period for a sale to be about 12 to 48 months.
This transmittal letter and certification precede the Appraisal report, further describing the subject property
and continuing the reasoning and pertinent data leading to the estimated value. Your attention is directed to
the "General Underlying Assumptions" and "Limiting Conditions" which are considered usual for this type of
assignment and have been included at the end of this report.
As a result of my investigation, and based upon the analysis of the following data, it is my opinion that the
Market Value of the subject property, as of September 12, 2000 is as follows:
$2.200.000
TWO l\lILLION TWO HUNDRED THOUSAND DOLLARS
Respectfully Submitted.
Thomas P. Kane
Kane Appraisal and Real Estate, Inc.
Certified General Appraiser
Iowa #483-72-5444
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EXHIBIT "D"
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[Seippel Road Real Estate shall be conveyed pursuant to a Warranty Deed in the form as
attached hereto] [Section 2( d)(ii) provision to be included in such Deed]
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SHEET TITLE
BUESING & ASSOCIATES
CONSULTING ENGINEERS
1212 lOCUST STREET
DUBUQUE, IOWA 52001
(319) 556 4389
PROJECT
NO. ooo19~1
DATE
SEPT 28. 2000
SCAlE
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REVISIONS
PREPARED fOR: CITY OF DUBUQUE
C/o: PAMELA MYHRE
50 WEST 13TH ST.
DUBUQUE, IA 52001
DRAWN BY:
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PROJECT
NO. 00019.0'
BUESI"';G & ASSOCIATES
CONSULTING c;NGINEER:l
'2'2 LOCUST STREET
DUBUQUE IOWA 5200'
(3'9) 556 ~389 -
DATE
SEPT 28. 2000
SCAlE
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""'l!1"MEO'CWl CITY OF DUBUQUE
C/O: PAMElA MYHRE
50 WEST 13TH ST.
DUBUQU~. fA :;:ZOO,
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EXHIBIT "E"
Exhibit "E" is a listing of the existing month-to-month tenants on the real estate.
See attached letter dated July 11,2000
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2000 OCT 18 PM 3: 50
KATHY fTr':,;..j j ;i: J' Cd
COUNTY RECUiWi::H
DUBUQUE CO.. IOWA FEES
IIIIJO
Preparer
Information
Barry A. Lindahl, 196 Cycare Plaza, Dubuque IA 52001, (319) 583-4113
Barry A. Lindahl ISBA # 6899
SPACE ABOVE TillS LINE
FOR RECORDER
Tax statement to: Plastic Center, Inc.
5-46 46th Avenue
Long Island NY I I 101-5428
WARRANTY DEED
For the consideration of Ten Dollars ($10.00) and other good and valuable consideration,
the City of Dubuque, Iowa, an Iowa municipal corporation does hereby Convey to Plastic Center,
Inc., a New York corporation, the following described real estate in Dubuque County, Iowa 9the
Real Estate):
Lot 2 of 1 and Lot 2 of 2 of South Fork Industrial Subdivision in the City of
Dubuque, Iowa
Exempt transfer per Iowa Code Sec. 428A.2(6) transfer in which government
entity is grantor
The City of Dubuque shall be solely responsible for the initial extension (and only
one extension) of water, sanitary sewer and storm sewer utilities to the border of the Real
Estate and there shall never be any connection changes required of Plastic Center, Inc. (or
its successors in interest) in connection with any such utilities with respect to the Real
Estate.
The City of Dubuque hereby covenants with grantees, and successors in interest, that it
holds the Real Estate by title in fee simple; that it has good and lawful authority to sell and convey
the Real Estate; that the Real Estate is free and clear of all liens and encwnbrances, except as may
be above stated; and it covenants to Warrant and Defend the Real Estate against the lawful claims
of all persons, except as may be above stated.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural nwnber, according to the context.
Dated: October ~, 2000
City of Dubuque, Iowa
BY~
. uggan, Mayor
Attest:
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STATE OF IOWA, DUBUQUE COUNTY, ss:
On thisl~t?day of October, 2000, before me a Notary Public in and for said County and said State,
personally appeared Terrance M. Duggan and Jeanne F. Schneider, to me personally known, who,
being by me duly sworn, did say that they are the Mayor and City Clerk respectively, of the City of
Dubuque, Iowa; that said instrument was signed on behalf of said City of Dubuque by authority of
Resolution No. 506.-2000; and that the said Terrance M. Duggan and Jeanne F. Schneider as such
officers, acknowledged the execution of said instrument to be the voluntary act and deed of said
corporation, by it and by them voluntarily executed.
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N/lLa '7U. ~[tnM
, Notary public
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REAL EST ATE TRANSFER
TAX PAID a I
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2000 OCT 18 PH 3: 52
KATHY FLYh~1 ~:;L;-:_\.iW
COUNTY HECO;WER
DUBUQUE: CO.. IOWA fEES .$/t;.Lu
Prepared by Brian J. Kane, KAN E, NORBY & REDDICK, P.c., 2100 Asbury Road, Suite 2, Dubuque, fA 52001 319/582-7980
Address Tax Statement: City of Dubuque, Iowa, c/o City Manager, City Hall, 50 West 13th Street, Dubuque, fA 52001
Space Above This Line for Recorder
WARRANTY DEED
(Corporate Grantor)
For the consideration of One Dollar ($1.00) and other valuable consideration, PLASTIC CENTER,
INC., a New York corporation (d/b/a THE FISCHER COMPANIES), does hereby Convey to THE CITY
OF DUBUQUE, IOWA, the following described real estate in Dubuque County, Iowa:
PARCEL I:
Lots 1,2,3,4,5,6,7,8,9, 10 & II, all in Block "N",
Lots 1,2,3, the South 4 feet of Lot 4, all in Block "0", in Booth's Addit~on
PARCEL II:
That part of Vacated Fourth Street from the Easterly line of Lot 11, in Ice Harbor
Development to the Levee, in Booth's Addition;
That part of V acated Fifth Street from the Westerly line of V acated Tower Street to the levee,
in Booth's Addition;
That part of Vacated Tower Street lying Northerly of Lot B in Ice Harbor Development to
the South line of Lot D, in Booth's Addition.
PARCEL III:
Lots I to 30, both inclusive, in Block "l",
Lots I to IS, both inclusive, in Block "I", all in Booth's Addition.
PARCEL IV:
Lots 9 to IS, both inclusive & Lot 2 of 8, in Block "K", and
the Northerly 19 feet 9 inches of Lot 7, all of Lots 8, 9, 10, 11, in Block "M", all in Booth's
Addition.
PARCEL V:
Lots 1,2 and 3 in Block 32,
Lots 23 and 24 in Block 25,
Lots 1 to 13, both inclusive, in Block 24, all in Dubuque Harbor Improvement Company's
Addition;
Lots 6 to 11, both inclusive, in Block "0", in Booth's Addition.
PARCEL VI:
Lots B, C and 0, in Booth's Addition.
PARCEL VII:
Lot 5 and the North 18 feet of Lot 4 in Block "0", in Booth's Addition.
PARCEL VIII:
Lots 13 to 22, both inclusive, in Block 25 and
Lots 4 to 12, both inclusive, in Block 32, all in Dubuque Harbor Improvement Company's
Addition.
PARCEL IX:
The North 3 feet 3 inches of Lot 5, all of Lot 6, and
the South 3 feet 6 inches of Lot 7, in Block "M", in Booth's Addition.
PARCEL X:
Lot B-ll, in Booth's Addition.
PARCEL XI:
Lot B-12, in Booth's Addition.
PARCEL XII:
Lots I to 24, both inclusive, in Block 23,
Lots 1 to 12, both inclusive, in Block 25,
Lot "A-4" and Lot "A-7", all in Dubuque Harbor Improvement Company's Addition.
PARCEL XIII:
The Easterly 282 feet from the easterly boundary of Block 24, Dubuque Harbor Improvement
Co's Addition, Sixth Street, Block 0 Booth's Addition, vacated Fifth Street, Block N,
vacated Fourth Street, Lots 11, 10, 9, 8, 7, 6, and the north 3 feet 3 inches of Lot 5 Block M,
Booth's Addition.
All in the City of Dubuque, Iowa, according to the respective recorded Plats thereof.
The Corporation hereby covenants with Grantees, and successors in interest, that it holds the real
estate by title in fee simple; that it has good and lawful authority to sell and convey the real estate; that the
real estate is free and clear of all liens and encumbrances, except as may be above stated; and it covenants
to Warrant and Defend the real estate against the lawful claims of all persons, except as may be above stated.
-2-
Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular
or plural number, according to the context.
Dated: October I ;L.
,2000,
STATE OF NeLJ York )
COUNTY OF QiA. t.l n.s ) ss:
On this I 1- +h day of October, 2000, before me, the undersigned, a Notary Public in and for said
state, personally appeared James M. Pfohl, to me personally known, who being by me duly sworn, did say
that he is the President ofthe corporation executing the within and foregoing instrument; that said instrument
was signed on behalf of the corporation by authority of its Board of Directors; and the said President
acknowledged the execution of the foregoing instrument to be the voluntary act and deed ofthe corporation,
by it and by him voluntarily executed.
Notary Public in and for said st~gt1'-L:'
\~/'{:Cj';-9.
ANDREW L KIRBY ", "'b;~,,;,,' ~
u--.~YaIt /;",:"
---., No: ' :--,"(
Qualified In Queen". County
G:\WPDOCS\OONNAB\OOCS\PlaSlic Center Inc-City deed for Parcels I-XllLwpd
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REAL ESTATE TRANSFER - GROUNDW ATER HAZARD STATEMENT
Please read the filing instructIOns on the reverse side 8EFOl{E completing this form.
PART I - TO BE COMPLETED BY TRANSFEROR
(Please Type or Print Legibly)
TRANSFEROR Name PLASTIC CENTER, INC.
5-46 46TH AVENUE, LONG ISLAND, NY 11101-5428
Address
Number and Streel or RR
Clly. Town or P.O.
Stole
ZIp
TRANSFEREE Name THE CITY OF DUBUQUE, IOWA
c/o City Manager, City Hall, 50 W. 13th Street, Dubuque, IA 52001
Address
NWlIber and Street or RR
Clly, Town or P.O."
Stole
ZIp
Address of Property Transferred
Number and Street or RR
Cuy, Town. or P.O.
Stole
ZIp
Legal Description of Property
See attached
1. Wells (check one)
DC There are no known wells situated on this property.
[] There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below.
2. Solid Waste Disposal (check one)
ex: There is no known solid waste disposal site on this property.
[] There is a solid waste disposal site on this property, but no notice has been received from the Department of Natural Resources that the
site is deemed to be potentially hazardous.
[] There is a solid waste disposal site on this property which has been deemed to be potentially hazardous by the Department of Natural
Resources. The location(s) of the site(s) is stated below.
3. Hazardous Wastes (check one) _
lX There is no known hazardous waste on this property.
[] There is hazardous waste on this property and it is being managed in accordance with Department of Natural Resources rules.
4. Underground Storage Tanks (check one)
IX There are no known underground storage tanks on this properly, (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 or tanks on this property. The type(s), size(s) and any known substance(s) contained are described
below.
S. Private Burial Site (check one)
ex: There are no known private burial sites on this property.
[] There is a private burial site on this property. The location(s) of the site(s) is stated bdow. The known identifying infommtion of the
decedent is stated below.
Information, if any, required by statements checked above:
Attachment for Additional Infonnation? Y I N If so, number of pages
I "';REDY nECL IlE fIlAT!"'; FN CONTAINEn IN PART I OF TillS STATEMENT IS TRlIE ANnCORIlECT
Signattlle: . :::::::::2 ~ \ / Tdcphone Number: ( )
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__
PART II . TO BE COl\II'LETEU BY RECOIWFR
Date of lnstnlment_&/J -f)1)
IJook/LD. __u...20___________ Page/I.D. /~/Sf
Date of Recording --ll)_::./.[' tJ{) ____@lr Towllship __~~
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nNR form (July <)<))
FILE wn II HECOIWEH
(S'.:'.: InSlnlc.tilllll!il)
5H-0900
INSTRUCTIONS FOR COMPLETING GROUNDWATER HAZARD STATEMENT
rhe transferor of real property is required to complete Part I of this
form. The purpose of the statement is to satisfy legal requirements
for filing instlllJllents of conveyance of real property with the
county recorder (Iowa Code Section 558.69). The Department of
Natural Resources does not approve or disapprove of property
transfers based on these statements. The statement must be signed
by one of the persons transferring the property interest or that
person's agent. An agent signing this form represents the
information from transferor to be correct.
For the most part the information requested is clear (name,
address. etc.). One statement under each of the numbered items
(I. 2. 3. 4 and 5) must be checked, and if one or more of the
statements checked requires the transferor to provide additional
information. that information is to be provided in part I. Relate the
additional information to the specific category of facility (well,
etc.) hy numbering it with the corresponding number (I, 2, 3, 4,
5). If additional space is needed, type or print it legibly on a
separate sheet or sheets, complete the statements at the end of Part
I and attach the additional information to all copies of the form.
When describing the location of a facility on the property, be
reasonably precise, such as a specific distance and general
direction from a landmark or comer of the property. A
professional survey is not necessary. The following definitions are
for use in completing the form.
l. Wells - A "well" is any excavation that is drilled, cored, bored,
augel cd. washed, driven. dug, jetted or otherwise constlllcted for
accessing groundwater or for diverting surface water into the
gTllUlll1. including ahandoned wells. "Well" does not include an
open ditch or drainage tiles which discharge to the surface.
I f a well is an "abandoned well" or an "agricultural drainage well,"
this must be identified and the stahls of the well with respect to
(owa Code sections 4558.190 and 159.29, respectively, must be
stated. An "abandoned well" is a well no longer in use or in such
statc of disrepair that continued use is unsafe or impracticable.
Abandoned wells are to be properly plugged in accordance with
chapter 39 of the rules of the Department of Natural Resources.
(567 Iowa Administrative Code, Chapter 39)
An "agricultural drainage well" is a well constructed for the
purpose of draining, or which drains, water from agricultural land
to an aquifer (underground), excluding drainage tile intakes which
outlet to the surface. Agricultural drainage wells are required to
be registered with the department by September 30, 1988, and the
owner of the \vell and of the land drained by the well are to
de\'elop a plan proposing alternatives to the use of the well by
July I. 1998 (See Iowa Code Section 159.29.)
Z. Solid ',"aste - "Solid waste" means garbage. refuse. rubhish
and olher similar discarded solid or semisolid material. It does not
include dirt. slone, brick. or similar inorganic material used for fill,
as long as no other solid waste is included. See 567--1 OO.2( 4550),
!()\\"a Administrative Code (LA.C.) for further definitions. A
"disposal site" is any area on the property on, in, or under which
solid waste has been disposed, whether or not the disposal is or
was regulated by the department.
I r the transferor or agent has not received notice from the
Department of Natural Resources that the disposal site has been
deemed to be potentially hazardous, there is no duty to inquire to
the department.
"Note The land application of sludges or soils resulting from the
remediation of underground storage tank releases accomplished in
compliance with Department of Natural Resources rules without a
permit is not required to be reported as the disposal of solid waste
m hazardous waste. (See Iowa Code Section 558.69)
DNR foml (July 99)
3. Hazardous 'Vastes - "Hazardous waste" is defined in Iowa
Code section 455B.411, 567--141.2 (4550), lAC., and federal
regulations referenced therein. It is generally defined as waste
that poses a threat to human health or the environment. It
includes wastes which are ignitable, corrosive, toxic, explosive,
violently reactive, or specifically listed as hazardous in the Code
of Federal Regulations (40 CFR 26 I). EXCLUDED are
household wastes, agricultural wastes returned to the soil as
fertilizers or soil conditioners, agricultural chemicals applied or
disposed of by a farmer in accordance with the manufacturer's
instructions, triple-rinsed agricultural chemical containers
disposed of by farmers (where the rinsate is used as makeup
water in the tankmix and applied at appropriate rates), and other
specific materials. Persons are legally required to be aware of
hazardous waste laws.
4. Underground Storage Tanks - "Underground storage tank"
means one or a combination of tanks, including underground
piping connected to the tanks, used to contain an accumulation of
regulated substances, and the volume of which is 10 percent or
more beneath the surface of the ground. "Regulated substances"
include petroleum products and hazardous or toxic materials
identified in 567--135.2(455B), LA.C. Underground storage
tank does not include:
a. farm or residential tanks of 1,100 gallons or less capacity
used for storing motor fuel for noncommercial purposes. Out
See 4550.473(4))
b. Tanks used for storing heating oil for consumptive use on the
premises where stored.
c. Residential septic tanks.
d. Pipeline facilities regulated by state or federal law.
e. A surface impoundment, pit pond, or lagoon.
f. A stornl \vater or wastewater collection system.
g. A flow-through process tank.
h. A liquid trap or associated gathering lines directly related to
oil or gas production and gathering operations.
I. A tank in an underground area such as a basement or mine, if
the tank is on or above the surface of the floor.
J. Pipes connected to the above exclusions.
"Tank type" means the material of construction (steel, fiberglass
reinforced plastic [FRP], or other [specify]), and any internal or
external protection such as a protective coating or wrapping, or
cathodic protection.
Identify the capacity in gallons and the substance stored in each
tank.
5. Private Burial Sites - "Private Burial Site" means one or
more graves containing human remains. For each site the
transferor shall slate the location of the site. For each decedent
buried on the property the transferor shall state all known
identifying information of that decedent including name, date of
death. and date of birth.
6. Filing - The original of this form must be presented to the
county recorder when tIle document to be recorded is filed. The
Recorder shall forward the original to the transferee when the
recorded instrument is returned. The recorder is not required to
keep any copies.
543-0960
PARCEL IX:
The North 3 feet 3 inches of Lot 5, all of Lot 6, and
the South 3 feet 6 inches of Lot 7, in Block "M", in Booth's Addition.
PARCEL X:
Lot B-11, in Booth's Addition.
PARCEL XI:
Lot B-12, in Booth's Addition.
PARCEL XII:
Lots 1 to 24, both inclusive, in Block 23,
Lots 1 to 12, both inclusive, in Block 25,
Lot "A-4" and Lot "A-7", all in Dubuque Harbor Improvement Company's
Addition.
PARCEL XIII:
The Easterly 282 feet from the easterly boundary of Block 24, Dubuque Harbor
Improvement Co's Addition, Sixth Street, Block 0 Booth's Addition, vacated
Fifth Street, Block N, vacated Fourth Street, Lots 11, 10,9,8,7,6, and the north 3
feet 3 inches of Lot 5 Block M, Booth's Addition.
All in the City of Dubuque, Iowa, according to the respective recorded Plats thereof.
Seller:
Buyer:
Plastic Center, Inc.
City of Dubuque, Iowa
Legal Description
PARCEL I:
Lots 1,2,3,4,5,6, 7, 8, 9, 10 & 11, all in Block "N",
Lots 1,2,3, the South 4 feet of Lot 4, all in Block "0", in Booth's Addition
PARCEL II:
That part of Vacated Fourth Street from the Easterly line of Lot 11, in Ice Harbor
Development to the Levee, in Booth's Addition;
That part of Vacated Fifth Street from the Westerly line of Vacated Tower Street
to the levee, in Booth's Addition;
That part of Vacated Tower Street lying Northerly of Lot B in Ice Harbor
Development to the South line of Lot D, in Booth's Addition.
PARCEL III:
Lots 1 to 30, both inclusive, in Block "1",
Lots 1 to 15, both inclusive, in Block "I", all in Booth's Addition.
PARCEL IV:
Lots 9 to 15, both inclusive & Lot 2 of 8, in Block "K", and
the Northerly 19 feet 9 inches of Lot 7, all of Lots 8, 9, 10, 11, in Block "M", all
in Booth's Addition.
PARCEL V:
Lots 1, 2 and 3 in Block 32,
Lots 23 and 24 in Block 25,
Lots 1 to 13, both inclusive, in Block 24, all in Dubuque Harbor Improvement
Company's Addition;
Lots 6 to 11, both inclusive, in Block "0", in Booth's Addition.
PARCEL VI:
Lots B, C and D, in Booth's Addition.
PARCEL VII:
Lot 5 and the North 18 feet of Lot 4 in Block "0", in Booth's Addition.
PARCEL VIII:
Lots 13 to 22, both inclusive, in Block 25 and
Lots 4 to 12, both inclusive, in Block 32, all in Dubuque Harbor Improvement
Company's Addition.
REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT
Please read the filing instructions on the reverse side BEFORE completing this form.
PART I - TO BE COMPLETED BY TRANSFEROR
(Please Type or Print Legibly)
TRANSFEROR Name
City of Dubuque, Iowa
Address 13th and Central Ave., Dubuque IA 52001
Number and Street or RR Clty. Town or P.O.
State
ZIp
TRANSFEREE Name Plastic Center, Inc.
Address 5-46 46th Ave., Long Island NY 11101-5428
Number and Street or RR Clty. Town or P.O.
Stale
ZIp
Address of Property Transferred
Seippel Road, Dubuque, Iowa
Number and Street or RR CIty. Town. or P.O.
State
ZIp
Legal Description of Property Lot 2-1 and 2-2 South Fork Industrial Sub. No. 1, in the
City of Dubuque, Iowa
1. Wells (check one)
f(] There are no known wells situated on this property.
o There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below.
2. Solid Waste Disposal (check one)
~ There is no known solid waste disposal site on this property.
o There is a solid waste disposal site on this property, but no notice has been received from the Department of Natural Resources that the
site is deemed to be potentially hazardous.
o There is a solid waste disposal site on this property which has been deemed to be potentially hazardous by the Department of Natural
Resources. The location(s) of the site(s) is stated below.
3. Hazardous Wastes (check one)
-kJ There is no known hazardous waste on this property.
o There is hazardous waste on this property and it is being managed in accordance with Department of Natural Resources rules.
4. Underground Storage Tanks (check one)
-kJ 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.)
o There is'an underground storage tank or tanks on this property. The type(s), size(s) and any known substance(s) contained are described
below.
5. Private Burial Site (check one)
-kJ There are no known private burial sites on this property.
o There is a private burial site on this property. The location(s) of the site(s) is stated below. The known identifying information of the
decedent is stated below.
Information, if any, required by statements checked above:
Attachment for Additional Information? Y / N If so, number of pages
I HEREBY DECL
Telephone Number: _<ill 583 - 4113
HAT THE INFORMATION CONTAINED IN PART 1 OF THIS STATEMENT IS TRUE AND CORRECT
Signature:
PART II - TO BE COMPLETED BY RECORDER
Date ofInstrument IIJ' I {" ,()iJ Book/I.D. CJ) Page/I.D. /::;:2. /5:3
Date of Recording ID- IJ'-o() @rTownshiP ~/J~
Deed ~ Contract 0 County tJ:J~
-------------------------------------------------------------------{j------------------------------------------------------------------------------------------------------
DNR form (July 99) FILE WITH RECORDER 542-0960
(See Instruction #6)
INSTRUCTIONS FOR COMPLETING GROUNDWATER HAZARD STATEMENT
The transferor of real property is required to complete Part I of this
form. The purpose of the statement is to satisfy legal requirements
for filing instruments of conveyance of real property with the
county recorder (Iowa Code Section 558.69). The Department of
Natural Resources does not approve or disapprove of property
transfers based on these statements. The statement must be signed
by one of the persons transferring the property interest or that
person's agent. An agent signing this form represents the
information from transferor to be correct.
For the most part the information requested is clear (name,
address, etc.). One statement under each of the numbered items
(I, 2, 3, 4 and 5) must be checked, and if one or more of the
statements checked requires the transferor to provide additional
information, that information is to be provided in part 1. Relate the
additional information to the specific category of facility (well,
etc.) by numbering it with the corresponding number (1, 2, 3, 4,
5). If additional space is n~eded, type or print it legibly on a
separate sheet or sheets, complete the statements at the end of Part
I and attach the additional information to all copies of the form.
When describing the location of a facility on the property, be
reasonably precise, such as a specific distance and general
direction from a landmark or comer of the property. A
professional survey is not necessary. The following definitions are
for use in completing the form.
1. 'Veils - A "well" is any excavation that is drilled, cored, bored,
augered, washed, driven, dug, jetted or otherwise constructed for
accessing groundwater or for diverting surface water into the
ground, including abandoned wells. "Well" does not include an
open ditch or drainage tiles which discharge to the surface.
If a well is an "abandoned well" or an "agricultural drainage well,"
this must be identified and the status of the well with respect to
Iowa Code sections 455B.190 and 159.29, respectively, must be
stated. An "abandoned well" is a well no longer in use or in such
state of disrepair that continued use is unsafe or impracticable.
Abandoned wells are to be properly plugged in accordance with
chapter 39 of the rules of the Department of Natural Resources.
(567 Iowa Administrative Code, Chapter 39)
An "agricultural drainage well" is a well constructed for the
purpose of draining, or which drains, water from agricultural land
to an aquifer (underground), excluding drainage tile intakes which
outlet to the surface. Agricultural drainage wells are required to
be registered with the department by September 30, 1988, and the
owner of the well and of the land drained by the well are to
develop a plan proposing alternatives to the use of the well by
July I, 1998 (See Iowa Code Section 159.29.)
2. Solid Waste - "Solid waste" means garbage, refuse, rubbish
and other similar discarded solid or semisolid material. It does not
include dirt, stone, brick, or similar inorganic material used for fill,
as long as no other solid waste is included. See 567--100.2(455B),
Iowa Administrative Code (LA. C.) for further definitions. A
"disposal site" is any area on the property on, in, or under which
solid waste has l?een disposed, whether or not the disposal is or
was regulated by the department.
If the transferor or agent has not received notice from the
Department of Natural Resources that the disposal site has been
deemed to be potentially hazardous, there is no duty to inquire to
the department.
*Note The land application of sludges or soils resulting from the
remediation of underground storage tank releases accomplished in
compliance with Department of Natural Resources rules without a
permit is not required to be reported as the disposal of solid waste
or hazardous waste. (See Iowa Code Section 558.69)
DNR form (July 99)
3. Hazardous Wastes - "Hazardous waste" is defined in Iowa
Code section 455BAII, 567--141.2 (455B), lAC., and federal
regulations referenced therein. It is generally defined as waste
that poses a threat to human health or the environment. It
includes wastes which are ignitable, corrosive, toxic, explosive,
violently reactive, or specifically listed as hazardous in the Code
of Federal Regulations (40 CFR 261). EXCLUDED are
household wastes, agricultural wastes returned to the soil as
fertilizers or soil conditioners, agricultural chemicals applied or
disposed of by a farmer in accordance with the manufacturer's
instructions, triple-rinsed agricultural chemical containers
disposed of by farmers (where the rinsate is used as makeup
water in the tankmix and applied at appropriate rates), and other
specific materials. Persons are legally required to be aware of
hazardous waste laws.
4. Underground Storage Tanks - "Underground storage tank"
means one or a combination of tanks, including underground
piping connected to the tanks, used to contain an accumulation of
regulated substances, and the volume of which is 10 percent or
more beneath the surface of the ground. "Regulated substances"
include petroleum products and hazardous or toxic materials
identified in 567--135.2(455B), LA.C. Underground storage
tank does not include:
a. Farm or residential tanks of 1,100 gallons or less capacity
used for storing motor fuel for noncommercial purposes. But
See 455B.473(4))
b. Tanks used for storing heating oil for consumptive use on the
premises where stored.
c. Residential septic tanks.
d. Pipeline facilities regulated by state or federal law.
e. A surface impoundment, pit pond, or lagoon.
f. A storm water or wastewater collection system.
g. A flow-through process tank.
h. A liquid trap or associated gathering lines directly related to
oil or gas production and gathering operations.
1. A tank in an underground area such as a basement or mine, if
the tank is on or above the surface of the floor.
J. Pipes connected to the above exclusions.
"Tank type" means the material of construction (steel, fiberglass
reinforced plastic [FRP], or other [specify]), and any internal or
external protection such as a protective coating or wrapping, or
cathodic protection.
Identify the capacity in gallons and the substance stored in each
tank.
5. Private Burial Sites - "Private Burial Site" means one or
more graves containing human remains. For each site the
transferor shall state the location of the site. For each decedent
buried on the property the transferor shall state all known
identifying information of that decedent including name, date of
death, and date of birth.
6. Filing - The original of this form must be presented to the
county recorder when the document to be recorded is filed. The
Recorder shall forward the original to the transferee when the
recorded instrument is returned. The recorder is not required to
keep any copies.
543-0960