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Vacate of Property_2500 Kerper Blvd, Key City Plating TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Vacating Petition/Kerper Boulevard (Key City Plating) DATE: September 11, 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. 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 Dubuque THE CITY OF DT T� E AmmicaC4 U Masterpiece on the Mississippi 2012 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer A -0 SUBJECT: Vacating Petition / Kerper Boulevard (Key City Plating) DATE: September 5, 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. 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 held for the disposition of the City's interest in the subject area on Sept. 17, 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 held on the disposal of the property through adoption of the enclosed resolutions. Prepared by Ron Turner, PLS 2 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 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. 255 -12 RESOLUTION VACATING A PORTION OF KERPER BOULEVARD ABUTTING LOT 2 OF McGRAW -HILL, KEY CITY PLATING REPLAT IN THE CITY OF DUBUQUE, IOWA AT 2500 KERPER BOULEVARD Whereas, Rich Conlon has requested the vacating of a portion of Kerper Boulevard abutting Lot 2 of McGraw -Hill, Key City Plating Replat in the City of Dubuque, Dubuque County, Iowa; and Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 27th day of August, 2012, prepared by Schneider Land Surveying & Planning, Inc. describing the proposed vacated portion of Kerper Boulevard abutting Lot 2 of McGraw -Hill, Key City Plating Replat; and Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this7th day of September, 2012, the City Council of the City of Dubuque, Iowa met on the 17th day of September, 2012, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the proposed vacated portion of Kerper Boulevard abutting Lot 2 of McGraw - Hill, Key City Plating Replat to be known as Lot 2A of McGraw -Hill, Key City Plating Replat in the City of Dubuque, Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 2A of McGraw -Hill, Key City Plating Replat in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby vacated. 2012. Attes Passed, approved and adopted this 17th d; of September , Kevin Firnstahl, CMC, C lerk C Roy D. Buol, Mayor Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589 -4270 Returned to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589 -4270 RESOLUTION NO. 256 -12 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 2A OF McGRAW -HILL, KEY CITY PLATING REPLAT IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this 7th day ofSeptember, 2012, the City Council of the City of Dubuque, Iowa met on the 17th day of September 2012, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 2A of McGraw -Hill, Key City Plating Replat in the City of Dubuque, Dubuque. County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 2A of McGraw -Hill, Key City Plating Replat in the City of Dubuque, Dubuque County, Iowa, to Rich Conlon, LLC be and the same is hereby approved for the sum of $3,915.00 plus the cost of platting, publication, and filing fees. Conveyance shall be by Quit Claim Deed. 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 storm sewer as may be authorized by the City of Dubuque, Iowa. Section 3. That the Mayor be authorized and directed to execute .a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Rich Conlon, LLC upon receipt of the purchase price in full. Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 17th day of 2012. Attest: 4111■ AM Kevin '. Firnstahl, CMaliFy Clerk September D. Buol, Mayor Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113 Return to: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113 SPACE ABOVE THIS LINE FOR RECORDER Tax statement to: Rich Conlon, LLC 2500 Kerper Boulevard Dubuque, Iowa 52001 QUIT CLAIM DEED For the consideration of One Dollar and other valuable consideration, the City of Dubuque, Iowa does hereby Quit Claim to Rich Conlon, LLC, all its right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa: Lot 2A of McGraw -Hill, Key City Plating Replat in the City of Dubuque, Dubuque County, Iowa Exempt: Iowa Code § 428A.2(6) Deed in which a political subdivision of the state of Iowa is the grantor Attest: Dated this 17th day of September , 2012. CITY OF DUBUQUE, IOWA Kevin Firnstahl, City CI STATE OF IOWA, DUBUQUE COUNTY, ss: On this 17thday of September , 2012, before me a Notary Public in and for said County and said State, personally appeared Roy D. Buol and Kevin S. Firnstahl 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. ;_256 -12 and that the said Roy D. Buol and Kevin Firnstahl as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. Commission Number 719986 My Commission Expires a . Notary Public, State of Iowa REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name City of Dubuque, Iowa Address 50 West 13th Street Dubuque Iowa 52001 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name Rich Conlon, LLC Address 2500 Kerper Boulevard Avenue 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 Zlp Legal Description of Property: (Attach if necessary) Lot 2A of McGraw -Hill, Key City Plating Replat in the City of Dubuque, Dubuque County, Iowa 1. Wells (check one) X There are no known wells situated on this property. There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) X There is no known solid waste disposal site on this property. _ There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) X There is no known hazardous waste on this property. _ There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) X There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) _ There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542 -0960 (July 18, 2012) 5. Private Burial Site (check one) X There are no known private burial sites on this property. _ There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) _ All buildings on this property are served by a public or semi - public sewage disposal system. X This transaction does not involve the transfer of any building 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 T • ' ATION STATED ABOVE IS TRUE AND CORRECT. Signature: (Transferor or Age FILE WITH RECORDER Telephone No.: DNR form 542 -0960 (July 18, 2012) 555 Q' 0, O o� W •$ M � r W C •o�ovo�o Q'y O N N wn'.?�uNimrn mot to N ao w ag. =v,�cMnm Q•— � d 171 N U c b' c m W O7 = LL a Z CO C) C) N 11 U C T LL 0 CD CD 0 N O 0 0 O N O ' O .gn�g$; e� oo���soA =o; eF�oo °c De §�co °be�ne °_`1 •ge osva €oe = °,��ef �L c� YXc $B�SE_5S8$S °3 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 IN THE CITY OF DUBUQUE, DUBUQUE N'ERLY LOT 2, CORNER PROPRIETOR: McGAAW -HILL, CITY OF DUBUQUE KEY CITY PLATING REPLAT SURVEY REQUESTED BY: FOUND 1/2" ANDERSON DESIGN AND REBAR CONSULTING, INC. c/o JERRY ANDERSON ^� ao`k - h `oy Sea F e�ti o y / 2 y ) s Cw y o > f�NS ET MAG +vp0 AIL (TIP.) ;��C': 'moo 0 ss oQv h�� 90 @y 00? -5 � 6j MCGRAW —HI p° PLATING THE CITY Q DUBUQUE C 2700 PLATING REPLAT COUNTY, IOWA. Sr9FF ®�S P . 0.8 . °-� 5ET 1/2" ° \ ��" YELBLOWWCAP s. A #14417 (TYP.) �J \20' FOUND Zo i -i/4" PIPE \ \ w/ CAP \ #4850 . m \\ Ln T 2A. ,� LL, KEY CITY �N� REPLAT IN OUNTY. IOWA SO. FT. Lu N \m4 J 0 Itl ti 0 0 ti W'ERLY CORNER McGRAW- HILOL. 2KEY CITY 9n V LDT 2, PLATING REPLAT IN \9 UJ o MCGRAW -HILL, THE CITY OF OUBUOUE, m3 ci KEY CITY OUBUOUE COUNTY, IOWA m H PLATING REPLAT \y S FOUND BOLT w/ \ a WASHER IN CONC. CE Lo SURVEY DESCRIPTION — LOT 2A, McGRAW —HILL. KEY CITY PLATING REPLAT IN THE CITY OF DUBUGUE,DUSUDUE COUNTY. IOWA o Part of Kerper Boulevard adjacent to Lot 2 of McGraw -Hill, Key Cityy 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 Countyy, Iowa. thence S31.25'55'W. 102.00 feet along the west line of said Lot 2 to the point of beginning, thence continuingg S31'25'55 "W, 90.00 feet: thence N58'34'O5"W, 30.00 feet: thence N3i'25'55 "E, 90.00 feet: thence S58134'O5'E, 30.00 feet to the point of beginning containing 2700 square feet. I hereby certify that this land surveying document was ti SCHNEIDER prepared and the related survey work was performed IANp^wi by me under my dir t personal supervision and that Land Surveying yp S�,9Tr; I a ly license L Surveyor under the laws of e St of Planning, Inc. cWi DAVID P. J SCHNEIDER a FarleyO. Iawai52O45 $14417 Zj �D /z PhP 563- 744 -3631 Fax 563 - 744 -3629 �( Dav P. Schneider P.L.S. #14417 ate: jp My license renewal date is December 31, 2013. Project: 1713 Date: 7/23/2012 Pages or sheets covered by this seal: THIS SHEET ONLY Sheet: 1 of 3 N0vN \ \�c �N O N \DC� LOT 1-2 -4, \ L �j�� � ° % \� N \ \ w/ CAP \ #4850 . m \\ Ln T 2A. ,� LL, KEY CITY �N� REPLAT IN OUNTY. IOWA SO. FT. Lu N \m4 J 0 Itl ti 0 0 ti W'ERLY CORNER McGRAW- HILOL. 2KEY CITY 9n V LDT 2, PLATING REPLAT IN \9 UJ o MCGRAW -HILL, THE CITY OF OUBUOUE, m3 ci KEY CITY OUBUOUE COUNTY, IOWA m H PLATING REPLAT \y S FOUND BOLT w/ \ a WASHER IN CONC. CE Lo SURVEY DESCRIPTION — LOT 2A, McGRAW —HILL. KEY CITY PLATING REPLAT IN THE CITY OF DUBUGUE,DUSUDUE COUNTY. IOWA o Part of Kerper Boulevard adjacent to Lot 2 of McGraw -Hill, Key Cityy 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 Countyy, Iowa. thence S31.25'55'W. 102.00 feet along the west line of said Lot 2 to the point of beginning, thence continuingg S31'25'55 "W, 90.00 feet: thence N58'34'O5"W, 30.00 feet: thence N3i'25'55 "E, 90.00 feet: thence S58134'O5'E, 30.00 feet to the point of beginning containing 2700 square feet. I hereby certify that this land surveying document was ti SCHNEIDER prepared and the related survey work was performed IANp^wi by me under my dir t personal supervision and that Land Surveying yp S�,9Tr; I a ly license L Surveyor under the laws of e St of Planning, Inc. cWi DAVID P. J SCHNEIDER a FarleyO. Iawai52O45 $14417 Zj �D /z PhP 563- 744 -3631 Fax 563 - 744 -3629 �( Dav P. Schneider P.L.S. #14417 ate: jp My license renewal date is December 31, 2013. Project: 1713 Date: 7/23/2012 Pages or sheets covered by this seal: THIS SHEET ONLY Sheet: 1 of 3 Page 1 of 1 811111111111111111111111 Doc ID: 007953460007 Type. GEN Kind: SURVEY PLAT FeeoAmt: $37.00/ Page 12014 tof17 9:47 AM Dubuque County Iowa Kathy FlYnn xlow0 File 2014-00002668 Prepared by: SCHNEIDER Land Surveying and Planning. Inc. P.O.Box 128 Far]ey,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 o PLATING REPLAT SURVEY REQUESTED BY: FOUND 1/2" Rn. ANDERSON DESIGN ANO REBAR o°j`� CONSULTING, INC. - 4:".o. .) . \ c/o JERRY ANDERSON �� i e, '4 4.> bls c '.�Y \.40 ST9 ps,4,1 Fa'TF< 94 , NNi.. Zc Ov'N \fl. 0.0 LOT 1-2-4, ONti� \?n BLOCK 1, \� RIVER FRONT v. " SUBDIVISION ✓�F \ Z� N0.5 0 �Q► y� e = moo P.O.B. 't! !ti SET 1/2" \ 411 MAG fo ~��. Coo REBAR w/ YELLOW CAP (TYP.) = :.'_°y y o° #14417 (TYP.) \ ss ,h�yti 0' FOUND / � .�hQ \ 20 PIPE1/4 ' �S03q, r►v'"4v' \ w/ CAP •o , QO � s. hQ \ .LOT 2A, \f \0 MCGRAW—HILL, KEY CITY '"C, \ q, p4.° PLATING REPLAT IN \"z� \\ / ''~� DUBUE GUEYCOUNTY, IOWA \°*, \ Q hh 2700 SO. FT. \i 41, Qt4ti 11) co LOT 2. MCGRAW-HILL, KEY CITY PLATING REPLAT IN THE CITY OF DUBUQUE. DUBUQUE COUNTY, IOWA SET NAIL W'ERLY CORNER LOT 2. McGRAW-HILL, KEY CITY PLATING REPLAT FOUND BOLT w/ WASHER IN CONC. \\ SURVEY DESCRIPTION — LOT 2A. McGRAW—HILL. KEY CITY PLATING REPEAT IN THE CITY OF DUBUQUE.DUS000E 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 N5B'34'05"W, 30.00 feet; thence N31'25'b5"E, 90.00 feet; thence 358'34'05"E, 30.00 feet to the point of beginning containing 2700 square feet. O 0 0 O 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 my licensed d Surveyors nder the laws of of Io 2�Z Davi • P. Schnei.er P.L.S. #14417 atW( My license renewal date is December 31, 2013. Pages or sheets covered by this seal: THIS SHEET ONLY SCHNEIDER Land Surveying Planning, Inc. P.0. Box 128 Farley, Iowa 52048 Ph! 563-744-3631 Fax 563-744-3629 Project: 1713 Date: 7/23/2012 Sheet: 1 of 3 0/.37D) lX ti File Numbe : 2014-00002668 Seq: 1 IIIIOII IIHhIO II iII iiiii11111iiiiiiiiiiiiiiiiiiiiiiiiiliiiiia Doc ID 007953470003 Type GEN Kind RESOLUTION Recorded: 03/21/2014 at 11:10:18 AM Fee Amt: $17.00 Page 1 of 3 Dubuque County Iowa Kathy Flynn Thurlow Recorder Fi1e2014-00002669 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. 255-12 RESOLUTION VACATING A PORTION OF KERPER BOULEVARD ABUTTING LOT 2 OF McGRAW-HILL, KEY CITY PLATING REPLAT IN THE CITY OF DUBUQUE, IOWA AT 2500 KERPER BOULEVARD Whereas, Rich Conlon has requested the vacating of a portion of Kerper Boulevard abutting Lot 2 of McGraw-Hill, Key City Plating Replat in the City of Dubuque, Dubuque County, Iowa; and Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 27th day of August, 2012, prepared by Schneider Land Surveying & Planning, Inc. describing the proposed vacated portion of Kerper Boulevard abutting Lot 2 of McGraw-Hill, Key City Plating Replat; and Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this7th day of September, 2012, the City Council of the City of Dubuque, Iowa met on the 17th day of September, 2012, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the proposed vacated portion of Kerper Boulevard abutting Lot 2 of McGraw- Hill, Key City Plating Replat to be known as Lot 2A of McGraw-Hill, Key City Plating Replat in the City of Dubuque, Iowa, should be approved. opzoo j C NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 2A of McGraw-Hill, Key City Plating Replat in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby vacated. 2012. Attes Passed, approved and adopted this 17th d; of September Kevin . Firnstahl, CMC, C - lerk Roy D. Buol, Mayor 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. do further state that the hereto attached Resolution No. 255-12 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 19th day of September, 2012. Kevi S. Firnstahl, MC, v-77 Clerk i11111i11ouio11111u1111t11umn1111111111111111fl 111111111 Doo ID 007953480005 Type GEN Kind DEED WITH RESOLUTION Recorded: 03/21/2014 at 11:10:55 AM Fee Amt: $32.00 Page 1 of 5 Revenue Tax: $0.00 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2014-000026 / 0 Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 Return to: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 Tax statement to: Rich Conlon, LLC 2500 Kerper Boulevard Dubuque, Iowa 52001 QUIT CLAIM DEED SPACE ABOVE THIS LINE FOR RECORDER For the consideration of One Dollar and other valuable consideration, the City of Dubuque, Iowa does hereby Quit Claim to Rich Conlon, LLC, all its right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa: Lot 2A of McGraw-Hill, Key City Plating Replat in the City of Dubuque, Dubuque County, Iowa Exempt: Iowa Code § 428A.2(6) Deed in which a political subdivision of the state of Iowa is the grantor Attest: Dated this 17th day of September , 2012. CITY OF DUBUQUE, IOWA Kevin ' . Firnstahl, City C 01(fler STATE OF IOWA, DUBUQUE COUNTY, ss: On this 17thday of _ September , 2012, before me a Notary Public in and for said County and said State, personally appeared Roy D. Buol and Kevin S. Firnstahl 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. ;.256 -12 and that the said Roy D. Buol and Kevin Firnstahl as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. 41°6 TRISH L. &i 5N Commission Number 719986 My Commission Expires Notary Public, State of Iowa 1 Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 Returned to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. 256-12 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 2A OF McGRAW-HILL, KEY CITY PLATING REPLAT IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this7th day ofseptember, 2012, the City Council of the City of Dubuque, Iowa met on the 17th day of September 2012, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 2A of McGraw-Hill, Key City Plating Replat in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 2A of McGraw-Hill, Key City Plating Replat in the City of Dubuque, Dubuque County, Iowa, to Rich Conlon, LLC be and the same is hereby approved for the sum of $3,915.00 plus the cost of platting, publication, and filing fees. Conveyance shall be by Quit Claim Deed. 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 storm sewer as may be authorized by the City of Dubuque, Iowa. Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Rich Conlon, LLC upon receipt of the purchase price in full. Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 17th day of September 2012. Attest: Kevin Firnstahl, CMdiriy Clerk oy D. Buol, Mayor CERTIFICATE of the CITY CLERK STATE OF IOWA . SS: COUNTY OF DUBUQUE ) 1, 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. 256-12 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 19th day of September, 2012. '(SEAL)=. t tet• jj u f fry ' ��r (\c' :M1• Kev S. Firnstahl, CMC, n41Clerk 011111111111WEININIliiilii Doc ID: 007953490002 Type: GWH Kind: GROUNDWATER HAZARD Recorded: 03/21/2014 at 11:11:09 AM Fee Amt: $0.00 Page 1 of 2 Dubuque County Iowa Kathy Flynn Thurlow Recorder Fi1e2014-00000322 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name City of Dubuque, Iowa Address 50 West 13th Street Dubuque Iowa 52001 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name Rich Conlon, LLC Address 2500 Kerper Boulevard Avenue 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 2A of McGraw-Hill, Key City Plating Replat in the City of Dubuque, Dubuque County, Iowa 1. Wells (check one) X There are no known wells situated on this property. _ There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) X There is no known solid waste disposal site on this property. There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) X There is no known hazardous waste on this property. _ There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) X There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) 0,011/-aido 5. Private Burial Site (check one) There are no known private burial sites on this property. _There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) _ All buildings on this property are served by a public or semi-public sewage disposal system. ,X This transaction does not involve the transfer of any building 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 THAtT 1 • ' ATION STATED ABOVE IS TRUE AND CORRECT. Signature: (Transferor or Age FILE WITH RECORDER Telephone No.:.c63-sH-4Z?.- DNR form 542-0960 (July 18, 2012)