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•