Vacate of City Owned Property_2500 Kerper Blvd. THE CITY OF 411WA Dubuque*****
DUBB E All erica City
Masterpiece on the Mississippi
2012
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacating Petition/Kerper Boulevard
DATE: July 31, 2012
In response to a request from Rich Conlon to vacate a portion of Kerper Boulevard
abutting Key City Plating at 2500 Kerper Boulevard, City Engineer Gus Psihoyos states
that the City has no plans for the utilization of that portion of Kerper Boulevard, except
for reserving the storm sewer easement. City Engineer Gus Psihoyos recommends
approval of the request to vacate for a purchase price of $3,915, plus platting,
publication and filing fees, and recommends that a public hearing be set for August 20,
2012, on the disposal of this property.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
/7AAh kt1&1
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Vacating Petition /Kerper Boulevard
DATE: July 30, 2012
INTRODUCTION
This is in response to a request from Rich Conlon for the vacating of a portion of Kerper
Boulevard abutting Key City Plating at 2500 Kerper Boulevard.
Dubuque
All- America City
2012
DISCUSSION
The attached plat shows the area proposed to be vacated. The abutting property is
owned by Rich Conlon, L.L.C.
The area to be vacated is platted into one lot and is described as Lot 2A of McGraw -Hill,
Key City Plating Replat in the City of Dubuque, Dubuque, County, Iowa. Said Lot 2A is
a 30' by 90' portion of excess right of way on which a public storm sewer exists.
Perpetual easement rights will be reserved on a portion of Lot 2A for maintenance of the
existing storm sewer.
Due to the existing storm sewer on the proposed area to be vacated, the property has
been valued at $1.45 per square foot for a total value of $3,915.00.
RECOMMENDATION
With the exception of reserving the storm sewer easement as noted, the City has no
plans for the utilization of this portion of Kerper Boulevard to be vacated.
I am recommending that the area indicated by Lot 2A of McGraw -Hill, Key City Plating
Replat in the City of Dubuque, Dubuque, County, Iowa as shown on the attached plat
be vacated, and that a public hearing be set for the disposition of the City's interest in
the subject area on August 20, 2012. Furthermore, I am recommending that the
purchase price be established at $3,915.00 plus platting, publication and filing fees.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and a public hearing
should be scheduled on the disposal of the property through adoption of the enclosed
resolutions.
Prepared by Ron Turner, PLS
2
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563)589 -4270
Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563)589 -4270
RESOLUTION NO, 210 -12
RESOLUTION APPROVING A PLAT OF THE PROPOSED VACATING
OF A PORTION OF KERPER BOULEVARD
Whereas, there has been presented to the City, Council of the City of
Dubuque, Iowa, a plat dated July 23, 2012 prepared by Schneider Land
Surveying & Planning, Inc., describing a proposed vacated portion of Kerper
Boulevard to be known as Lot 2A of McGraw -Hill, Key City Plating Replat in the
City of Dubuque, Dubuque, County, Iowa; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the plat dated July 23, 2012 prepared by Schneider
Land Surveying .& Planning Inc., relative to the real estate hereinabove described
be and the same is hereby approved, and the Mayor and City Clerk be and they
are hereby authorized and directed to execute said plat for and on behalf of the
City of Dubuque, Iowa.
Section 2. The City of Dubuque reserves unto itself a perpetual
easement including the right of ingress and egress thereto, for the purpose of
erecting, installing, constructing, reconstructing, repairing, owning, operating, and
maintaining a storm sewer, as may be authorized by the City of Dubuque, Iowa
as shown on the plat of Lot 2A of McGraw -Hill, Key City Plating Replat in the City
of Dubuque, Dubuque, County, Iowa
Section 3. That the _City Clerk be and is hereby authorized and directed
to file said plat and certified copy of this resolution in the office of the Recorder in
and for Dubuque County, Iowa.
Passed, approved and adopted this 6th da of August
2012.
Attest:
Roy D. Buol, Mayor
RESOLUTION NO. 211 -12
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY
INTEREST IN A PORTION OF KERPER BOULEVARD, TO BE KNOWN
AS LOT 2A OF MCGRAW -HILL KEY CITY PLATING REPLAT IN THE
CITY OF DUBUQUE, DUBUQUE, COUNTY, IOWA
Whereas, Rich Conlon has requested the vacating and disposal of a
portion of Kerper Boulevard; and
Whereas, Schneider Land Surveying & Planning, Inc. has prepared and
submitted to the City Council a plat showing a proposed vacated portion of
Kerper Boulevard and assigned a lot number thereto, which hereinafter shall be
known and described as Lot 2A of McGraw -Hill, Key City Plating Replat in the
City of Dubuque, Dubuque, County, Iowa in the City of Dubuque, Dubuque
County, Iowa, should be approved.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to vacate and dispose of its
interest in Lot 2A of McGraw -Hill, Key City Plating Replat in the City of Dubuque,
Dubuque, County, Iowa.
Section 2. That the conveyance of Lot 2A of McGraw -Hill, Key City
Plating Replat in the City of Dubuque, Dubuque, County, Iowa to Rick Conlon,
L.L.C. be contingent upon the payment of $3915.00, plus platting, publication,
and filing fees.
Section 3. That the City Clerk be and is hereby authorized and directed to
cause a notice of intent to vacate and dispose of said real estate to be published
in the manner as prescribed by law.
Passed, approved and adopted this 6th day of ' ugust
Attest:
Kevin - : Firnstahl, City Or"
, 2012.
Roy D. Buol, Mayor
THE CITY OF
DUB
Masterpiece on the Mississippi
Kerper Boulevard
Key City Plating Vacate
P
1.°AG IS
MOQUE ARIA 0:DOMINIC INTCAMATION mean
DISCLAIMER: This Information was compiled
using the Dubuque Area Geographic Information System
(DAGIS), which Includes data created by both the City of
Dubuque and Dubuque County. It is understood that, while
the City of Dubuque and participating agencies utilized the
most current and accurate information available, DAGIS and
Its suppliers do not warrant the accuracy or currency of the
Information or data contained herein. The City and participating
agencies shall not be held liable for any direct, indirect, incidental,
consequential, punitive, or special damages, whether foreseeable or
unforeseeable, arising out of the authorized or unauthorized use of
this data or the inability to use this data or out of any breach of
warranty whatsoever.
1 inch = 200 feet
100 50 0 100
200
300 Feet
WE
Map Prepared by:
City of Dubuque
Engineering Division
50 West 13th Street
Dubuque, Iowa 52001
Phone: (563) 589-4270
Fax: (563) 589-4205
Prepared by: SCHNEIDER Land Surveying and Planning, Inc. P.O.Box 128 Farley, Iowa 52046 Ph #563- 744 -3631
PLAT OF SURVEY
LOT 2A OF McGRAW -HILL, KEY CITY PLATING REPLAT
IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA.
/N'ERLY CORNER ---„,_
LOT 2
PROPRIETOR: / MCGRAW -HILL,
CITY OF DUBUQUE KEY CITY
PLATING REPLAT ooh.
SURVEY REQUESTED BY: FOUND 1/2"
ANDERSON DESIGN AND REBAR o,tio
CONSULTING, INC. :N S+ ,,ti.3 \
c/a JERRY ANDERSON Z / 56 h`0
ss o .�'O • OOO$'6•.<45" fV' \
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�• 40 ,v(o k,. .� io REBAR
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NAIL YELLOW CAP
'"/ ' (TYP.) f?�,o 'moo° #14417 (TYP.) \
Ss OQ 4)r 20. FOUND
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PIPE
j'O. OQ,OS, . 40 (4- \ \ #4850P
/ �� LOT 2A, \
MCGRAW —HILL KEY CITY \� \
a° PLATING REPLAT IN \. \ \
~�' THE CITY OF DUBUQUE, o \
o� DUBUQUE COUNTY. IOWA \�
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/ X0)43 2700 S0. FT. \°93 \\
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W'ERLY CORNER MCGRAW- HILLL.2 KEY CITY 9
CO
LOT 2, PLATING REPLAT IN \v
MCGRAW -HILL, THE CITY OF DUBUQUE, VP
KEY CITY \2�
DUBUQUE COUNTY, IOWA n
PLATING REPLAT
FOUND BOLT w/ \
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SURVEY DESCRIPTION - LOT 2A. McGRAW -HILL. KEY CITY PLATING
REPLAT IN THE CITY OF DUBUQUE. DUBUQUE COUNTY. IOWA
Part of Kerper Boulevard adjacent to Lot 2 of McGraw -Hill. Key City Plating
Replant in the City of Dubuque. Dubuque County. Iowa, more particularly described
as follows: Commencing at the northerly corner of Lot 2 of McGraw -Hill, Key
City Plating Replat in the City of Dubuque, Dubuque County. Iowa; thence
S3i•25'55'W, 102.00 feet along the west line of said Lot 2 to the point of
beginning: thence continuing S31'25'55 "W, 90.00 feet; thence N58'34'05 "W,
30.00 feet; thence N3i'25'55 "E, 90.00 feet; thence S58'34'05"E, 30.00 feet
to the point of beginning containing 2700 square feet.
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C, 14/ DAVID P.
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• ''' SCHNEIDER o
'• 1 #14417 a
T
I hereby certify that this land surveying document was
prepared and the related survey work was performed
by me . under my dir- t personal supervision and that
I - a ..ly license • ; Surveyor unter the laws of
of
Davi. P. Schneider P.L.S. #14417 ate:
My license renewal date is December 31, 2013.
Pages or sheets covered by this seal: THIS SHEET ONLY
SCHNEIDER
Land Surveying
Planning, Inc.
P.O. Box 128
Farley. Iowa 52045
Ph# 563- 744 -3631
Fax 563 - 744 -3629
Project: 1713
Date: 7/23/2012
Sheet: 1 of 3
Sheet 3 of 3
CITY COUNCIL APPROVING PLAT
•
Dubuque, Iowa
August 6
, 2012
.„
The undersigned, mayor arid Clerk of the Oity:of Dubuque, Dubuque County, loWa do herelq.certify that
the foregoing plat of Lot 2A McGraw Hill, }(6, City Plating RePiat in the City of Dubuque,
Dubuque County, Iowa, has been filed in the Office of the Clerk of the City of Dubuque, Iowa and that
by Resolution NO. the Dubuque City Coundil approved saisjilat.
210-12
State of Iowa
) ss:
County of Dubuque )
Roy D. B
e City of Du suque
On this 2 0 t h day of A ug us t , 2012, before me, a Notary publiO in and for the State of
Iowa, personally appeared Roy D. Buol and * , te me pereonallY known, and *Kevin Fi rnst ahl
who being by me duly sworn, did say that they are the Mayor and City Clerk; reSbectiYei.j, of the City of
Dubuque, Iowa; that the seal affixed to the foregoing instrument is the Corporate seal of the City of
Dubuque, Iowa, and that said instrument was signed and sealed on behalf of the said City of Dubuque,
Iowa by authority Of the City Council of said citY, and the said Roy D. Buol and
Kevin Flr nstanl acknowledged the execution of said instrument to be the voluntary act and
deed of said City of Dubuque, Iowa, by it voluntary exeCuted.
PAMELA J. McCAFIRON
Commission Number 772419
hiy Comm. Exp. 1/-5-217/
Dubuque, Iowa
N.otarY•Public in 4 for the Wte-Of loW.a
My Commission Tires 1-1-45--.2.0/5"
COUNTY AUDITOR
,2012
The forgoing plat was entered of record in the Office of the Dubuque County Auditor-this . .
day of • 2012. We appro.\ia of the subdivision name dr title to berecerded.
County AuditOr of Dubuque CoUritY,.lowa
COUNTY RECORDER
Dubuque, Iowa . : , 2012
The forgoing plat has been received by the Dubuque b6upty Recorder this day of
, 2012.
C�untyRec�rder Of Dubuque County, IOWa
Sheet 2 of 3
OWNER'S CONSENT
Dubuque, Iowa 2012
The foregoing plat of Lot 2A of McGraw -Hill, Key City Plating Replat in the City of Dubuque,
Dubuque County, Iowa, is made with the free consent and in accordance with the desires of the
undersigned owner and proprietor of said real estate.
State of Iowa
) ss:
County of Dubuque
City of Dubuque, Iowa
Roy D. Buol - Mayor
Clerk of the City of Dubuque
On this day of 2012, before me, a Notary Public in and for the State of
Iowa, personally appeared Roy D. Buol and , to me personally known, and
who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of
Dubuque, Iowa; that the seal affixed to the foregoing instrument is the Corporate seal of the City of
Dubuque, Iowa, and that said instrument was signed and sealed on behalf of the said City of Dubuque,
Iowa, by authority of the City Council of said city, and the said Roy D. Buol and
acknowledged the execution of said instrument to be the voluntary act and
deed of said City of Dubuque, Iowa, by it voluntary executed.
Notary Public in and for the State of Iowa
My Commission Expires
CITY ASSESSOR
Dubuque, Iowa 2012
The forgoing plat was entered of record in the office of the Dubuque City Assessor this
day of 2012.
City Assessor of Dubuque, Iowa
PLANNING SERVICES
Dubuque, Iowa
JICfo-i. 7 , 2012
The foregoing plat of Lot 2A, McGraw -Hill, Key City Plating Replat in the City of Dubuque, Iowa or
within the two mile jurisdiction of the City of Dubuque, as defined under Section 354 of the Code of Iowa,
has been reviewed by the City Planner, (or designee) of the City of Dubuque in accordance with Title 16
of the City of Dubuque Code of Ordinances Chapter 11, Unified Development Code and said approval
has been endorsed herein on the date first written above.
Laura Carstens, City Planner
City of Dubuque, Iowa
RECHH\/ED
12 JUL .18 PH 3: 19
City Clerk S Office
Dubuque, IA
Honorable Mayor and City Council
50 West 13th Street
Dubuque, IA 52001 -4845
RE: Vacate City Property
Dear Mayor and Council Members:
7 -13 -2012
,r1V7
L/72&?
This letter is written to inquire about the possibility of purchasing a portion of a city street
abutting our property along 2500 Kerper Blvd. We plan to use the 30' x 90' vacated
property, between our access driveways, for increased customer parking and easier
building access. There is no intention of building any structures on the vacated property.
We have contacted the City Engineering Department and they have indicated a
favorable condition for the vacating and we understand there needs to be and easement
reserved for utilities access.
The purchase price of $3915 plus publication and filing fees has been agreed upon by
both parties.
We have contacted a surveying company to get the area surveyed and platted.
I have included a version of the site plan with the proposed vacate area highlighted in
yellow.
Please call me at 563- 583 -5363 if you have questions.
Thank you for your consideration of this request.
Singly,
Rich Conlon
President
Key City Plating Co.
CERTIFICATION OF PUBLICATION
,—i
RESOLUTION
NO. 211-12
RESOLUTION OF
INTENT TO VACATE
. AND ' DISPOSE, OF
CITY INTEREST IN A
PORTION OF KERPER
BOULEVARD, TO BE
KNOWN AS LOT 2A
OF • MCGRAW -HILL
KEY CITY PLATING
REPLAT IN THE CITY
OF DUBUQUE, DUBU-
QUE, COUNTY, IOWA
Whereas, Rich Conlon
has requested the
vacating and disposal
of a portion of Kerper
.Boulevard; and
Whereas, Schneider
Land Surveying &
Planning, Inc. has
prepared and submit -
ted to the City Council
a plat showing • a
I proposed vacated por-
tion of Kerper Boule-
vard and assigned a lot
number thereto, which
a)
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U
0
N
O � vi
EL' 78
OU P-, o -d
hereinafter shall be
known and described
as Lot 2A of McGraw -
Hill, Key City Plating
Repiat in the City of
pubuque, Dubuque,
I County, Iowa in the
City Of Dubuque,
Dubuque County, Iowa,
should be approved.
NOW THEREFORE, BE
IT RESOLVED BY THE
CITY COUNCIL OF THE
CITY OF DUBUQUE,
IOWA: -`
Section 1. That the
City of Dubuque
intends to vacate and
dispose of Its, l¢terest
In Lot 2A of McGraw -
Hill, Key City Plating
Repiat in the City of
Dubuque, Dubuque,
County, Iowa.
Section 2. That the
conveyance of Lot 2A
of McGraw -Hill, Key
City Plating Repiat in
the City of Dubuque,
Dubuque, County,. Iowa
to Rick Conlon,' L.L.C.
be contingent upon the
payment of $3915.00,
plus platting, publi-
cation, and filing fees.
Seotion 3. That the
City . Clerk be , and is
hereby authorized and
directed to cause a
notice of Intent to
vacate and dispose of
said .real estate to be
published in the
manner as prescribed
by law.
Passed, approved and
adopted this 6th day of
August 2012.
Roy D. Buol, Mayor
Attest; Kevin S.
Firnstahl, City Clerk
it 8/10,
NOTICE OF A PUBLIC
HEARING OF THE
CITY COUNCIL OF
THE CITY OF DUBU-
QUE, TT R WAOF N. THE
INTENT TO DISPOSE,
OF AN INTEREST IN.
REAL PROPERTY
PUBLIC NOTICE is
hereby given that the
City Council of the City
of Dubuque, Iowa, will
hold a public hearing
on the . 20th day of
August, at 6:30 p.m. In
the Historic Federal
Building; 350 West 6th
Street, Dubuque, Iowa,
at which meeting the
City Council proposes
to dispose an interest
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a)'d
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in the following
described real property
to Rich Conlon, LLC:
Lot 2A of McGraw -Hill,
Key City Plating Repiat
in the City of Dubuque,
Dubuque, County, Iowa
in the City of Dubuque,
Dubuque County, Iowa
(abutting 2500 Kerper
Blvd.)
At the meeting, the
City Council will
receive oral and
written objections from
any resident ' or
property owner of said
City to the above
action. ' After all
objections have been
received and consi-
dered, the City Council
may at this meeting or
at any adjournment
thereof, take additional
action for the
disposition of the City's
Interest in such real
estate above, and
approve or abandon
the proposal. "By order
of the City Council said
hearing and appeals
there from shall be
held in accordance
with and governed by
the 'provisions of
Notary Public in and for Dubuque County, Iowa.
Section 364.7 of the
Code of Iowa.
Copies of supporting
documents for the
public hearings are on
file in the City Clerk's
Office • and may be
viewed during normal
working hours.
Any visual or hearing
impaired persons need-
ing special assistance
or persons with special
accessibility needs
should contact the City'
Clerk's Office at (563)'I
589 -4120 or TTY (563)1
690 -6678 at least .48
hours prior to the
meeting.
Dated this 10th day of
August, 2012.
Kevin S. Firnstahl,
CMC, City Clerk
1t 8/10 -
RESOLUTION CITY COUNCIL OF
NO.211 -12 TIIE C�IY, OF
RESOLUTION OF DUBUQUE, IOWA, 0,N
INTENT TO VACATE THE�'IiMAT[ER OF;THE
AND • ;DISPOSE ; OF INTENT7"TO,D.ISPOSE
CITY INTEREST IN A OF' uAN " INT,EREST IN
PORTION OF KERPER''MEAL- PROPERTY
i
BOULEVARD, TO BE ,Y, PUBLIC` NOTICE is
KNOWN AS; LOT 2A hereby give 'teat the
OF MCGRAW HILL QJttyy+ Col)hcil of the {City
KEY CITY PLATING „ of-" Dubuque Iowa, will
REPLAT. IN,THCCITY ,hold a Public' hearing
OF DUBUQUE, DUBU onlhhe; 1,7ith tday of
QUE, COUNTY, IOWA Septem'berrr at; 6:30
Whereas, Rich Conlon Pi; , in 'the Historic .,
has, requested the Federal Building, 350
vacating and disposal West 6th Street
of a portion of Kerper Dubuque, Iowa, at.
Boulevard; and which meeting the City
Whereas, Schneider Council proposes to
-Land Surveying & dispose an interest in
Planning, . Inc. has the following described
prepared' and submit- real property to Rich
ted to the City Council 'Conlon, LLC:
a plat showing a Lot 2A of McGraw -Hill,
proposed vacated por- Key City Plating Replat
tion of Kerper Boule- in the City of Dubuque,
yard and assigned a lot Dubuque, County, Iowa
number thereto; which in the City of Dubuque,
hereinafter shall be Dubuque County, Iowa
known and described (abutting 2500 Kerper
as Lot 2A of McGraw- At the meeting, the
Hill, Key City Plating
Replat in the City of City Council will
Dubuque, Dubuque, receive oral and
County, Iowa in the written objections from
City of Dubuque, any' resident or
Dubuque County, Iowa, property -owner of said
should be-approved. Ci to the above
NOW THEREFORE, BE action. After all
IT RESOLVED BY THE j ojected s' e been
CITY COUNCIL OF THE re and cbee
CITY OF DUBUQUE,Jdered, the tCity Council
IOWA:
Section 1. That the
City of Dubuque
intends to vacate and
dispose. of its interest
in; Lot2A`• of McGraw -
Hill, 'Keji�' City Plating
1 Replat in the City . of
Dubuque, Dubuque;]
County, Iowa.
Section 2. That the
conveyance of Lot 7A'
of McGraw -Hill, Key
City Plating Replat, in with and governed by
the City of Dubuque, the provisions of
Dubuque,. - County;; Iowa Section 364.7 of the
to Rick Conlon,- LLC. Code of Iowa
be contingent upon the Copies of supporting
payment of $3915.00, documents for the
plus platting, publi- public hearings are on
cation, and filing fees. file in the, City Clerk's
Section 3. That the Office and may be
City Clerk be and 4s viewed during normal
hereby authorized And : working hours.
directed to cause a } Any visual or hearing
notice of', intent to impaired persons need -
vacate and dispose of ing special assistance
said real estate to be or persons with special
published, in the accessibility needs
manner " <as prescribed should contact the City
bylaw Clerk's Office at (563)
Passed, approved and 589 - 4120.. or TTY (563)
adopted this 6th dayaf 690 -6678 at least 48
August2012- hours prior to the
Roy, D Buol, Mayor meeting.
Attest Kevin S. Dated this 7th day of
Firnstahl, City Clerk September, 2012.
it 9/7 Kevin S. Firnstahl,
NOTICE OF A PUBLIC CMC, City Clerk
HEARING OF THE lit 9/7
may at this meeting or
at any adjournment
thereof, take additional
action for the
disposition of the City's
interest in such real
estate above, and
approve or abandon
the proposal. By order
of the City Council said
hearing and appeals
there from shall be
held in accordance
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: September 07, 2012, and for which the charge is $46.98.
Subscribed to before me, a I fary Public in and for Dubuque County, Iowa,
this /g{, day of
20/c2i
Notary Public in and for Dubuque County, Iowa.
MARY K, WESTERMEYER
00818511106 Number 164806