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Arbor Estates Phase 3_Acceptance of Facilities and Deed TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of Detention Facilities and Warranty Deed in Arbor Estates - Phase 3 DATE: September 11, 2012 City Engineer Gus Psihoyos is recommending acceptance of the storm water detention facilities that the developer, Kivlahan Farms, L.C., has recently completed in Arbor Estates - Phase 3, and a warranty deed for the detention area and sanitary sewer lift station lot. Maintenance of the storm water detention facilities will be performed by the City of Dubuque and be assessed against the lot owners of all additions in Arbor Estates, as outlined in Resolution No. 450-05. I concur with the recommendation and respectfully request Mayor and City Council approval. / AAh 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 THE C D Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Man FROM: Gus Psihoyos, City Engineer DATE: September 10, 2012 Dubuque cy I. 2012 SUBJECT: Acceptance of Detention Facilities and Warranty Deed in Arbor Estates — Phase 3 INTRODUCTION The enclosed material provides for City Council acceptance of the stormwater detention facilities that the developer, Kivlahan Farms, L.C., has recently completed in Arbor Estates - Phase 3, and a warranty deed for the detention area and sanitary sewer lift station lot. BACKGROUND As a condition of subdivision plat approval through Resolution No. 450 -05, the developer of Arbor Estates was required to install certain improvements and to dedicate the improvements to the City upon completion. The developer of Arbor Estates — Phase 3, Kivlahan Farms, L.C., has recently completed the stormwater detention facilities and has requested the City's acceptance of them. The sanitary sewer lift station was accepted on May 7, 2007 by Resolution No. 238 -07. All other public improvements except the detention facilities were accepted on January 20, 2009 by Resolution No. 19 -09. DISCUSSION The Unified Development Code requires that upon completion of all the required public improvements, the subdivider shall notify the City in writing of the completion of the improvements, requesting that the City either approve or reject the acceptance of the improvements, together with a statement of reasons for any rejection. Kivlahan Farms, L.C., requested City's acceptance of the stormwater detention facilities in Arbor Estates — Phase 3. Upon inspection by the City, it has been determined that said facilities required by Resolution No. 450 -05 have been completed in accordance with plans approved by the City Council and in conformance with City specifications. Additionally, Kivlahan Farms, L.C., has provided a warranty deed for two Lots on which the stormwater facilities and sanitary sewer lift station are located. RECOMMENDATION I would, therefore, recommend that the City Council accept the stormwater detention facilities in Arbor Estates — Phase 3. Maintenance of the stormwater detention facilities will be performed by the City of Dubuque, and be assessed against the lot owners of all additions in Arbor Estates as outlined in Resolution No. 450 -05. 1 also recommend the acceptance of a warranty deed for Lot 12 Block 9 and Lot 15 of the replat of Lot 15 Block 7 in Arbor Estates from Kivlahan Farms, L.C. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolutions accepting the stormwater detention facilities and warranty deed. Prepared by Ronald J. Turner, PLS cc: Gus Psihoyos, City Engineer Deron Muerhing, Civil Engineer RESOLUTION NO. 246 -12 ACCEPTING STORMWATER DETENTION FACILITIES IN ARBOR ESTATES - PHASE 3 Whereas, pursuant to Resolution 450 -05, certain public improvements including stormwater detention facilities were installed by the developer of Arbor Estates - Phase 3; and Whereas, the stormwater detention facilities have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the stormwater detention facilities be accepted by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said stormwater detention facilities in Arbor Estates - Phase 3 be and the same is hereby accepted. Section 2. That maintenance of said stormwater detention facilities shall be performed by the City of Dubuque and assessed to the property owners in all phases of Arbor Estates as outlined in Resolution No. 450 -05. Passed, adopted and approved this 17th day of Sep ember2012. Attest: Ke in Firnstahl, CM F ity Clerk Roy D. Buol, Mayor 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. 13'" Street, Dubuque, IA 52001 (563) 589 -4270 RESOLUTION NO. 247 -12 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY DESCRIBED AS LOT 12 OF BLOCK 9 AND LOT 15 OF THE REPLAT OF LOT 15 IN BLOCK 7 ALL IN ARBOR ESTATES IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, as part of the development of Arbor Estates — Phase 3, in the City of Dubuque, Dubuque County, Iowa Kivlahan Farms, L.C. agreed to dedicate lots to the City for use as detention facilities and a sanitary sewer lift station; and Whereas, Kivlahan Farms, L.C., has executed a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts, and consents to the Warranty Deed from Kivlahan Farms L.C. copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized - and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, adopted and approved this 17th day of September Attes Kevin Firnstahl, CM(' y Clerk 12. oy D. Buol, Mayor Preparer Information: Attomey Dean 1. Konrardy 100 West 12th Street Dubuque, IA 52004 -0703 (563) 588 -0547 Address tax statement: Return Deed To: WARRANTY DEED For the consideration of Ten Dollars ($10.00) and other valuable consideration KIVLAHAN FARMS, L.C., an Iowa Limited Liability Company, GRANTOR does hereby convey to City of Dubuque, Iowa, GRANTEE, the following described real estate in Dubuque County, Iowa: Lot 12 of Block 9 of Arbor Estates in the City of Dubuque, Iowa, according to the recorded Plat thereof, and Lot 15 of the Replat of Lot 15 in Block 7 of Arbor Estates in the City of Dubuque, Iowa, according to the recorded Plat thereof filed as Instrument No. 2012 -14258 in the office of the Dubuque County Recorder. This transfer is exempt from Real Estate Transfer Tax pursuant to §428A.2(6), Code of Iowa. Grantors do Hereby Covenant with grantees, and successors in interest, that grantors hold the real estate by title in fee simple; that they have 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 Grantors Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. s� n Dated this 3 (— day of /y&c L3 � , 2012. KIVLAHAN FARMS, L.C., an Iowa Limited Liability Company By: .cJ r Doris E. Kivlahan, Manager (Grantor) STATE OF IOWA, DUBUQUE COUNTY, ss: On this 3 ( -V day of 2012, before me, the undersigned, a Notary Public in and for said State, personally appearM Doris E. Kivlahan, to me personally known, who being by me duly sworn did say that said person is Manager of said limited liability company, that no seal has been procured by the said limited liability company and that said instrument was signed on behalf of the said limited liability company by authority of its manager and said Doris E. Kivlahan acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. DEAN J. KONRARDY Commission Number 14 219 i�ubli to and for said State. o My Comm. Exp. 0 9 kiAahancitydeed.re.wpd mom Arbor Estates DAGIS,f ELB000E AREA G aGKAPIIC INFEaMa.I- =v„EH Acce t Detention Facilities and Deeds ! n .w w A IF 1 � u r � s¢ �.4 DISCLAIMER: This Information was compiled (sing the Dubuque Area Geographic Inflrmatlon Svstem DAGIS), whi,h Inclodee data c_eated by both me city of Map Prepared by: Dubuque and Dubuque County . It Is understood that, while City of Dubuque me City of D,b,q,e and pa,tlelpathg agenclee �til Aed the most current and accurate Information available, DAGIS and Its sr,ppli s do not uvarrant me a���acv or �,rrenry of me 1 inch = 350 feet Engineering Division motion or data contained herein. The City and particlpating 50 West 13th Street agencl es shall n of be held a able for an y direct, Indirect, Incidental, Dubuque, Iowa 52001 mnsmgnentla 1, pnnitive, or special damages, whether foreseeable or onforesss,,IZ, arlsingo tofthea thorizedoi- n itthorized ose 10050 0 100 200 300 400 Feet Phone: (563) 589 -4270 this data or me Inabwty m �� this data or opt of anv breach of warranty whdts_sr Fax: (563) 589 -4205 THE E Arbor Estates DAGIS,f ELB000E AREA G aGKAPIIC INFER -1- =v „EH Nfastemiere on the Mississinni •, • . • , ,-. , Al Detention Facilities and Deeds DISCLAIMER: This Information was compiled (sing the Dubuque Area Geographic Information System DAGIS), a hich includes data cueated by buth he city of Map Prepared by: Dubuque and Dubuque County . It Is understood that, while City of Dubuque the City of Dubuque and pai-ticlpaticg agencies util ized the most current and accurate Information available, DAGIS and 1 inch = 350 feet Engineering Division its suppliers do not —u-t nt me - -cy ur currenry of me thrmatiun ur data contained herein. The City and participating 50 West 13th Street agenci es shall n of be held a able Por an y direct, indirect, incidental, Dubuque, Iowa 52001 mnsequential, punitive, or special damages, whether foreseeable or un thr eseea ble, arisinguutufineauth urisedui- unauthuriseduseuf 10050 0 100 200 300 400 Feet Phone: (563) 589-4270 this data or the Inability to usre this data or out of any breach of Fax: 589 warranty whdts —sir (563) -4205 Preparer Information: Attorney Dean J. Konrardy 100 West 12th Street Dubuque, IA 52004 -0703 (563) 588 -0547 Add sstax ttement:. CrFy- of Dubugiue, 50 W. 13`' Dt-ibu kit e,1IA ` 52' oar ':5635"89AT -1 Return Deed To Eiiy of Du6ue114e, En ineerin3 Dept 5O W, 13 r'' St Dub =:-IA- -52001 - 563-581 -4276 WARRANTY DEED For the consideration of Ten Dollars ($10.00) and other valuable consideration KIVLAHAN FARMS, L.C., an Iowa Limited Liability Company, GRANTOR does hereby convey to City of Dubuque, Iowa, GRANTEE, the following described real estate in Dubuque County, Iowa: Lot 12 of Block 9 of Arbor Estates in the City of Dubuque, Iowa, according to the recorded Plat thereof, and Lot 15 of the Replat of Lot 15 in Block 7 of Arbor Estates in the City of Dubuque, Iowa, according to the recorded Plat thereof filed as Instrument No. 2012 -14258 in the office of the Dubuque County Recorder. This transfer is exempt from Real Estate Transfer Tax pursuant to §428A.2(6), Code of Iowa. Grantors do Hereby Covenant with grantees, and successors in interest, that grantors hold the real estate by title in fee simple; that they have 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 Grantors Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated this 3 / sit- day of /ur s , 2012. KIVLAHAN FARMS, L.C., an Iowa Limited Liability Company By: E Doris E. Kivlahan, Manager (Grantor) STATE OF IOWA, DUBUQUE COUNTY. ss: On this -3( 4.-t day of 2012, before me, the undersigned, a Notary Public in and for said State, personally appear2tl Doris E. Kivlahan, to me personally known, who being by me duly sworn did say that said person is Manager of said limited liability company, that no seal has been procured by the said limited liability company and that said instrument was signed on behalf of the said limited liability company by authority of its manager and said Doris E. Kivlahan acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. kivlahancitydeed.re.wpd DEAN J. KONRARDY Commission Number 14 219 My Comm. Exp. (0 /g9 (/'f ubli in and for said State. REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name Kivlahan Farms, L.C. Address 3522 Charleston Court Dubuque Iowa 52002 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name City of Dubuque, Iowa Address 50 West 13th Street Dubuque Iowa 52001 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: n/a Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) Lot 12 of Block 9 of Arbor Estates in the City of Dubuque, Iowa, according to the recorded Plat thereof, and Lot 15 of the Replat of Lot 15 in Block 7 of Arbor Estates in the City of Dubuque, Iowa, according to the recorded Plat thereof filed as Instrument No. 2012 -14258 in the office of the Dubuque County Recorder. 1. Wells (check one) There are no known wells situated on this property. _ There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) 1/There is no known solid waste disposal site on this property. _ There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) v There is no known hazardous waste on this property. _ There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) ✓ There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) _ There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542 -0960 (July 18, 2012) 5. Private Burial Site (check one) v There are no known private burial sites on this property. _ There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) _ All buildings on this property are served by a public or semi - public sewage disposal system. ✓This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] _ This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: _ The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature:)( Del j (Transferor or Agent 5-0 Telephone No.: SS 1 (o Z FILE WITH RECORDER DNR form 542 -0960 (July 18, 2012) REAL ESTATE TRANSFER - DECLARATION OF VALUE Please read the instructions on the reverse side BEFORE completing and filing this form. Part 1- TO BE COMPLETED BY BUYER, SELLER OR AGENT SELLER: Kivlahan Farms, L.C. SSN or FEIN: 39- 1872094 A Seller Address: 3522 Charleston Court Dubuque Iowa 52001 e- mailphone. 563.582.1626 BUYER: City of Dubuque, Iowa SSN or FEIN. 42-6004596 Buyer Address: 50 West 13th Street Dubuque Iowa 52001 email /phone: 563.589.4110 Address of Property Conveyed' n/a Date of Instrument' 08/31/2012 • IN Deed _1 ❑ Contract _ 2 • Legal Description: See Addendum Type of Sale (check all that apply): ❑ Fulfillment of prior year(s) contract IN Sale to /by Exempt Organization ❑ Auction Sale ❑ Corporate merger or reorganization ❑ Purchase of adjoining land ❑ Transfer of partial interest ❑ Quit Claim Deed ❑ Sale between family members or related parties ❑ Foreclosure, forfeitures, or transfers arising from default; forced sale Was this a sale of AG LAND to: ❑ Corporation ❑Trust 0 Alien ❑ Non - Resident Alien ❑ Limited Partnership A DECLARATION OF VALUE STATEMENT 1. Total Amount Paid $ no consideration 2. Amount Paid for Personal Property (see instructions) $ 3. Amount Paid for Real Property Only (1 minus 2) $ no consideration - Contract Sale Information: Down Payment $ Interest Rate % Monthly Payment $ Length of Contract years Balloon Payment Date (if applicable) I HEREBY DECLARE THAT THE INFORMATION CONTAINED IN PART I OF THIS FORM IS TRUE AND CORRECT AS DET LED ON THE BACKOF THIS FORM . Printed Name?(---1)47 /2 /5. !- =off A Ai Phone f CO --5-g2 /6 2 6 eta- Signature ❑ Buyer or ❑ Seller or ❑ Agent or ❑ Attorney PART I1- TO BE COMPLETED BY THE ASSESSOR Classification of Property: ❑ Res 4_ ❑ Com _5_ ❑ Ind _2_ ❑ Ag _1_ • Deeded Acres: • OCC Primary Parcel Number ( attach list of additional parcels) •TLA/GBA A Tax District • Full Assessed Value January 1 of Year of Sale Good for study? ❑ Yes ❑ No NUTC Land Building Dwelling Total • If No, give reason. Effective Date of Form 09/30/12 Iowa Department of Revenue 57006a (03/23/12) Addendum Legal Description of Property Lot 12 of Block 9 of Arbor Estates in the City of Dubuque, Iowa, according to the recorded Plat thereof, and Lot 15 of the Replat of Lot 15 in Block 7 of Arbor Estates in the City of Dubuque, Iowa, according to the recorded Plat thereof filed as Instrument No. 2012 -14258 in the office of the Dubuque County Recorder. "" `q. DEAN J. KONRARDY jp4 Commission Numb r 14 219 I " ;V,t IMy Comm. Exp. 0 9 Doc ID: 007522950003 Type: GEN Recorded: 10/23/2012LatIO2:20:30 PM Fee Amt: $22.00 Page 1 of 3 Revenue Tax: $0.00 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2012_00019094 Preparer Information: Attorney Dean J. Konrardy 100 West 12th Street Dubuque, IA 52004 -0703 (563) 588 -0547 Address tax statement::erfy_ -of Du u e; -50 •W .I3 buquerIA'= 52001 -_- 563'589=4210 Return Deed- To._ Eif}y7of Dtabzrve - E- vi9ineerl„9 Dept; 50W; I3 :5 -S -t :Dub,1A_52001-1. 563ii581±4270 WARRANTY DEED For the consideration of Ten Dollars ($10.00) and other valuable consideration KIVLAHAN FARMS, L.C., an Iowa Limited Liability Company, GRANTOR does hereby convey to City of Dubuque, Iowa, GRANTEE, the following described real estate in Dubuque County, Iowa: Lot 12 of Block 9 of Arbor Estates in the City of Dubuque, Iowa, according to the recorded Plat thereof, and Lot 15 of the Replat of Lot 15 in Block 7 of Arbor Estates in the City of Dubuque, Iowa, according to the recorded Plat thereof filed as Instrument No. 2012 -14258 in the office of the Dubuque County Recorder. This transfer is exempt from Real Estate Transfer Tax pursuant to §428A.2(6), Code of Iowa. Grantors do Hereby Covenant with grantees, and successors in interest, that grantors hold the real estate by title in fee simple; that they have 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 Grantors Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. sf / Dated this 3 1- day of Aar-5 � , 2012. KIVLAHAN FARMS, L.C., an Iowa Limited Liability Company By: 0 e-le-S. X� Doris E. Kivlahan, Manager (Grantor) STATE OF IOWA, DUBUQUE COUNTY: ss: On this 3 ( day of j s-� 2012, before me, the undersigned, a Notary Public in and for said State, personally appears 1 Doris E. Kivlahan, to me personally known, who being by me duly sworn did say that said person is Manager of said limited liability company, that no seal has been procured by the said limited liability company and that said instrument was signed on behalf of the said limited liability company by authority of its manager and said Doris E. Kivlahan acknowledged the execution.of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. kivlahancitydeed.re.wpd ubli in and for said State. 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. 13'" Street, Dubuque, IA 52001 (563) 589 -4270 RESOLUTION NO, 247 -12 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY DESCRIBED AS LOT 12 OF BLOCK 9 AND LOT 15 OF THE REPLAT OF LOT 15 IN BLOCK 7 ALL IN ARBOR ESTATES IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, as part of the development of Arbor Estates — Phase 3, in the City of Dubuque, Dubuque County, Iowa Kivlahan Farms, L.C. agreed to dedicate Tots to the City for use as detention facilities and a sanitary sewer lift station; and Whereas, Kivlahan Farms, L.C., has executed a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts, and consents to the Warranty Deed from Kivlahan Farms L.C. copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Attest: Passed, adopted and approved this 17th day of September Kevin . Firnstahl, CM Clerk 12. oy D. Buol, Mayor CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Trish L. Gleason, do hereby certify that I am the duly appointed, qualified, Assistant City Clerkof the City of Dubuque, Iowa, in the County aforesaid, and as such Assistant City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 247 -12 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque,-lowa, on this 23 day of October, 2012. Trish L. Gleason, CMC, Assistant City Clerk IINIRI111IMIY111IYI111NIMIIII11IIYIN1111IY Doc ID 007522960002 Type GWH Kind GROUNDWATER HAZARD Recorded: 10/23/2012 at 02:21:13 PM Fee Amt: $0.00 Pape 1 of 2 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2012- 00001789 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name Kivlahan Farms, L.C. Address 3522 Charleston Court Dubuque Iowa 52002 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name City of Dubuque, Iowa Address 50 West 13th Street Dubuque Iowa 52001 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: n/a Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) Lot 12 of Block 9 of Arbor Estates in the City of Dubuque, Iowa, according to the recorded Plat thereof, and Lot 15 of the Replat of Lot 15 in Block 7 of Arbor Estates in the City of Dubuque, Iowa, according to the recorded Plat thereof filed as Instrument No. 2012 -14258 in the office of the Dubuque County Recorder. 1. Wells (check one) v There are no known wells situated on this property. _ There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) I/There is no known solid waste disposal site on this property. _ There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) v There is no known hazardous waste on this property. There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) Lz There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542 -0960 (July 18, 2012) 2012— 1g094 5. Private Burial Site (check one) v There are no known private burial sites on this property. _ There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) All buildings on this property are served by a public or semi - public sewage disposal system. ✓This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. There is a building served by private sewage disposal system on this property orr a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. _ There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] _ This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: _ The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. 51.3 Signature: , x ��r , �r, �ji :h Telephone No.: SS 1 % 2 6 (Transferor or Agent) FILE WITH RECORDER DNR form 542 -0960 (July 18, 2012) • IIII lU P Il 11 IIM ii iII DIiii 11111111101 ii ii Doc ID: 007918190002 Type: GEN Kind: RESOLUTION Recorded: 02/05/2014 at 12:58:02 PM Fee Amt: $12.00 Page 1 of 2 Dubuque County Iowa Kathy Flynn Thurlow Recorder /� (� Fi1e2014-00001146 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. 246-12 ACCEPTING STORMWATER DETENTION FACILITIES IN ARBOR ESTATES - PHASE 3 Whereas, pursuant to Resolution 450-05, certain public improvements including stormwater detention facilities were installed by the developer of Arbor Estates- Phase 3; and Whereas, the stormwater detention facilities have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the stormwater detention facilities be accepted by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said stormwater detention facilities in Arbor Estates - Phase 3 be and the same is hereby accepted. Section 2. That maintenance of said stormwater detention facilities shall be performed by the City of Dubuque and assessed to the property owners in all phases of Arbor Estates as outlined in Resolution No. 450-05. Passed, adopted and approved this 17th day of sep embeF2012. D ki /fRoy D. Buol, Mayor Attest: d / >�r i Ke In Firnstahl, CM f ity Clerk 010.00 CIA/ CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 246-12 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 29th day of January, 2014. , ydirr ri..y, Kevin L. Firnstahl, CMC, ity Clerk ;f a 'i�� PDYCAOO,pe o° (SEAiLl 'a a�, '~ -p 0,4 pit 8. q4 o 0 J o r Ay ' 09 S KT•