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Kerper Blvd.; vacate UPS 5U~%duE ~ck~ MEMORANDUM January 3, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Vacating Petition - A Portion of Kerper Boulevard in Block 5 of River Front Subdivision No.3 A request was received from Eric L. Lucas, representing United Parcel Service (UPS), to vacate a portion of Kerper Boulevard that abuts the existing UPS facility at 2550 Kerper Boulevard. City Engineer Gus Psihoyos states that the City has no plans for the utilization of that portion of Kerper Boulevard to be vacated, except for reserving the necessary utility easements, and recommends approval of the request to vacate, that the purchase price be established at $23,197.10, plus surveying, platting, publication and filing fees. I concur with the recommendation and respectfully request Mayor and City Council approval. ( "f1 [ .; I (It "'1 fd Ie-- Michael C. Van 'Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer i5~~~E ~ck~ MEMORANDUM January 3, 2006 TO: FROM: Michael C. Van Milligen, City Manager Gus Psihoyos, City Engineer ~Q SUBJECT: Vacating Petition - A Portion of Kerper Boulevard in Block 5 of River Front Subdivision NO.3 INTRODUCTION A request has been received from Eric L. Lucas, representing United Parcel Service (UPS), for the vacating of a portion of Kerper Boulevard that abuts the existing UPS facility at 2550 Kerper Boulevard. BACKGROUND UPS has developed a new tracking system that will improve productivity and customer services in the City of Dubuque and the surrounding communities. The new system will require modifications to both the facility's interior (conveyor modifications) and exterior (employee parking relocation). DISCUSSION Because of space restrictions between the UPS building and the neighboring facility, UPS is requesting the vacate of approximately 9,000 square feet along Kerper Boulevard. The vacated area would be paved and will accommodate 12 parking spaces along with the traffic aisle space needed for loading/unloading. The existing parking along the building will become the new package trailer unload area. The City has no plans for the utilization of this portion of Kerper Boulevard to be vacated, except for reserving the necessary utility easements. RECOMMENDATION I would recommend that a portion of Kerper Boulevard, in Block 5 of River Front Subdivision NO.3 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 January 17, 2006. I would further recommend that the purchase price be established at $23,197.10, plus surveying, 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 the adoption of the enclosed resolutions. Prepared by Ronald J. Turner, PLS Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. 25-06 RESOLUTION APPROVING PLAT OF PROPOSED VACATED PORTION OF KERPER BOULEVARD IN BLOCK 5 OF RIVER FRONT SUBDIVISION NO.3 Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 7th day of December, 2005, prepared by IIW Engineers & Surveyors, PC, describing the proposed vacated portion of Kerper Boulevard in Block 5 of River Front Subdivision NO.3 to be known as Lot 1 B, Block 5, River Front Subdivision NO.3 in the City of Dubuque, Dubuque County, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated the yth day of December, 2005, prepared by IIW Engineers & Surveyors, PC, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 17th day of January, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13'" Street, Dubuque, IA 52001 (563) 569-4270 Returned to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. 26-06 RESOLUTION VACATING A PORTION OF KERPER BOULEVARD IN BLOCK 5 OF RIVER FRONT SUBDIVISION NO.3 Whereas, United Parcel Service (UPS) has requested the vacating of a portion of Kerper Boulevard in Block 5 of River Front Subdivision No.3; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated portion of Kerper Boulevard in Block 5 of River Front Subdivision No. 3 and assigned lot number thereto, which hereinafter shall be known and described as Lot 1 B, Block 5, River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has determined that a portion of Kerper Boulevard in Block 5 of River Front Subdivision No. 3 is no longer required for public use, except for reserving the utility easements as noted, and vacating of said portion of Kerper Boulevard in Block 5 of River Front Subdivision No. 3 known as Lot 1 B, Block 5, River Front Subdivision NO.3 in the City of Dubuque, Dubuque County, Iowa should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 1 B, Block 5, River Front Subdivision NO.3 in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 17th day of January, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 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. 27-06 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 1 B, BLOCK 5, RIVER FRONT SUBDIVISION NO.3 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 of January ,2006, the City Council of the City of Dubuque, Iowa met on the 17th day of January ,2006, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 1 B, Block 5, River Front Subdivision No. 3 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 1 B, Block 5, River Front Subdivision No.3 in the City of Dubuque, Dubuque County, Iowa, to United Parcel Service (UPS) be and the same is hereby approved for the sum of $23,197.10 plus the costs of surveying, platting, publication, 2nd filing fees. Conveyance shall be by Quit C!2im Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to United Parcel Service (UPS) upon receipt of the purchase price in full. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 17th day of January, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk PREPARED BY: ItW ENGINEERS &: SURVEYORS P.C, 4155 PENNSYlVANIA AVE, DUBUQUE, IOWA, (563) 556-2464 PLAT OF SURVEY LOT 1 B, BLOCK 5, RIVER FRONT SUBDIVISION NO. 3 IN THE CITY OF DUBUQUE, IOWA S.W. CORNER LOT 2-2-2-2-1, BLOCK 5, RIVER FRONT SUB. NO. 3 ~ .:;."" '<t ,$' ~" 00' 'Oq,.' (t"n" !-<. (::: J..., 9)' A' '<",f!> ~ <<~ ~p 4J 9:t~- -l' N.E. CORNER LOT 1-2-2-2-1 . o @ LOT 1-2-2-2-1, BLOCK 5, RIVER FRONT SUB. NO. 3 S.E. CORNER LOT 1-2-2-2-1 ~ NORTH tiQIE. THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVA TIONS, RESTRICTIONS AND RIGHTS-OF - WAY OF RECORD AND NOT OF RECORD. DESCRIPTION A 45-FOOT WIDE VACATED STRIP OF KERPER BOULEVARD L YING NORTHWESTERLY OF AND ADJACENT TO LOT 1-2-2-2-1, BLOCK 5, RIVER FRONT SUBDIVISION NO. 3 IN THE CITY OF DUBUQUE, IOWA GRAPHIC SCALE o 40 BO ~ (IN FEET) DRAWING MAY HAVE BEEN REDUCED PROPRIETOR: CITY OF DUBUQUE SURVEYED FOR: UNITED PARCEL SERVICE DA TE OF SURVEY: NOVEMBER, 2005 TOTAL AREA SURVEYED: 0.207 ACRES \\\\\\\11111111111111 ",,\\ \OW-<1 1111" ,,:-' """'" '.0;.- "'* ...... "'",...'< [ f JOHN M. '--0 \ ~ r: TRANMER :. ll::- '@: ~ ~ ~ LS 12631 ~ ~ ~ %.t" ~~___ ,/.:,.4.tj ~1-oS" "J ", q.- $ .0;.-, ~ """"", "'~ ~.... IIIIIII~ l A NO 1\\\"" /1/111111\1\\\111 I HEREBY CERTIFY 1'HAT 1'HIS lAND SURVEYING DOCUl.1ENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER IrdY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER 1'HE LAWS OF THE STATE OF IOWA. IT'I77J llW ENGINEERS & ~ SURVEYORS, P.C. FOR "' ENGINEERS. SU'3{'C. j, ~~ (IL 1jjJ ~ '-;"('7,05 UCENSE NO. 12631 MY UCENSE RENEWAL DATE IS 12(31(2006 PAGES OR SHEETS COVERED BY THIS SEAL , d.-- '2- Iowo, IlI1nolB, Wisconsin 4155 Pennsylvania Ave. Dubuque, IA 52002 563.556.2464 Hazel Green, 'M DRA'NN ARC PLAT NO. 83 IA 05 CHECKED .A.4T PROJ. NO. 05772 01 DATE 12-07-05 SrlEET 1 of 2 P: 05 700 772 772-01 05772-01 ow O~77 D'G~~E ~~~ MEMORANDUM December 21, 2005 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Vacating Petition - A Portion of Kerper Boulevard in Block 5 of River Front Subdivision NO.3 A request was received from Eric L. Lucas, representing United Parcel Service (UPS), to vacate a portion of Kerper Boulevard that abuts the existing UPS facility at 2550 Kerper Boulevard. City Engineer Gus Psihoyos states that the City has no plans for the utilization of that portion of Kerper Boulevard to be vacated, except for reserving the utility easements as noted, recommends approval of the request to vacate, that the purchase price be established at $23,197.10, plus surveying, platting, publication and filing fees, and that a public hearing be set for January 17, 2006. I concur with the recommendation and respectfully request Mayor and City Council approval. fJ1J ?:;,~ MicM'ael C. Van Milligen ~ MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer D~~~E ~~~ MEMORANDUM December 21, 2005 FROM: Michael C. Van Milligen, City Mana~ Gus Psihoyos, City Engineer J:}\d . TO: SUBJECT: Vacating Petition - A Portion of Kerper Boulevard in Block 5 of River Front Subdivision No.3 INTRODUCTION A request has been received from Eric L. Lucas, representing United Parcel Service (UPS), for the vacating of a portion of Kerper Boulevard that abuts the existing UPS facility at 2550 Kerper Boulevard. BACKGROUND UPS has developed a new tracking system that will improve productivity and customer services in the City of Dubuque and the surrounding communities. The new system will require modifications to both the facility's interior (conveyor modifications) and exterior (employee parking relocation). DISCUSSION Because of space restrictions between the UPS building and the neighboring facility, UPS is requesting the vacate of approximately 9,000 square feet along Kerper Boulevard. The vacated area would be paved and will accommodate 12 parking spaces along with the traffic aisle space needed for loading/unloading. The existing parking along the building will become the new package trailer unload area. The City has no plans for the utilization of this portion of Kerper Boulevard to be vacated, except for reserving the utility easements as noted. RECOMMENDATION I would recommend that the portion of Kerper Boulevard, in Block 5 of River Front Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa be vacated, and that a public hearing be set for the disposition of the City's interest in the subject area on January 17, 2006. I would further recommend that the purchase price be established at $23,197.10, plus surveying, platting, publication and filing fees. ACTION TO BE TAKEN The recommendation of the City Manager should be approved and a public hearing should be scheduled for the disposal of the property through the adoption of the enclosed resolution. Prepared by Ronald J. Turner, PLS RESOLUTION NO. RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT 1B, BLOCK 5, RIVER FRONT SUBDIVISION NO.3 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, United Parcel Service (UPS) has requested the vacating of a portion of Kerper Boulevard in Block 5 of River Front Subdivision No.3; and Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the City Council a plat showing the vacated portion of Kerper Boulevard in Block 5 of River Front Subdivision No.3; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that this portion of Kerper Boulevard in Block 5 of River Front Subdivision No. 3 is no longer required for public use, except for the utility easements as noted, and vacating and sale of said Lot 1B, Block 5, River Front Subdivision NO.3 in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest and vacate a portion of Kerper Boulevard in Block 5 of River Front Subdivision No. 3 in the City of Dubuque, as shown on the Plat of Survey. Section 2. That the conveyance of Lot 1 B, Block 5, River Front Subdivision NO.3 in the City of Dubuque, Iowa, Dubuque County, Iowa, to United Parcel Service (UPS) be contingent upon the payment of $23,197.10, plus surveying, platting, publication, and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to be published as prescribed under Section 364.7 Code of Iowa, 1999 or amended. Passed, approved and adopted this day of ,2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 1--- KERPER BLVD. VACATE UNITED PARCEL SERVICE VICINITY MAP ~ NORTH V ACA TE AREA (9000 S.F.:!:) '- '- ~ '- '- '- I ~'- / ,~ 'I , '~ \ // \\\ / \ \\ \\, ~. "~ \\, '- GRAPHIC SCALE 200 100 0 100 ~......-I ' - 20 : DRAWING MAY HAVE BEEN REDUCED 1 INCH = 200 FEET " " ~ " " '- \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ I II .. , , 1300 Tomahawk Creek Parkway Sui Ie 200 leawood, KS 66211 913.266.4600 lei - August 8, 2005 Honorable Mayor and City Council 50 West 13th Street Dubuque, Iowa 52001-4845 . .' RE: Vacate City Property : ) c. Dear Mayor and Council Members: This letter is written to inquire about the possibility of purchasing a portion of a city street/alley abutting my property at 2550 Kerper Blvd, Dubuque. 1A 52001. We plan to use the vacated property for additions to the existing site. UPS has developed a new package tracking system that will improve productivity and customer services in the City of Dubuque and the surrounding communities. The new system will require modifications to both the facility's interior (conveyor modifications) and exterior (employee parking relocation). The new process requires the installation of three new 14-foot long unloaders (a minimum 20-foot facility expansion) which cannot be installed in the existing unload area (area A) because of the space restrictions between the UPS building and the neighboring facility. The driver would not have the required space to back in the tractor/trailers. Our only other option is to relocate the unload area to the West side (area B) of the building facing Kerper Blvd. The facility currently has an open bay that could house the new unloaders (requiring the need for the 20-foot expansion); however, the drivers will still need a minimum of 90 feet to back-in the tractor/trailers. This will only be possible if the existing parking is relocated to the grassy area along Kerper Blvd. UPS is therefore requesting to vacate an area that will eliminate approximately 6200 square feet of green space (area C) along Kerper Blvd. This area will be paved and will provide 12 employee parking spaces along with traffic aisle space. The existing parking along the building will become the new package trailer unload area. Upon completion of the exterior work, we will begin the interior conveyor installation work as shown on the conveyor drawing provided. ."s. .- ~ We have contacted the Engineering Department and they have indicated a favorable condition for the vacating but may need easements reserved for utilities. We understand that the vacated area would need to be surveyed and platted at our expense and a fee paid for the parcel plus publication and filing fees. Please call me at (913)207-1147 if you have questions. Thank you for your consideration of this request. Sincerely, (Mo(r;j~ Eric L. Lucas ~ Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 Address Tax Statement: United Parcel Service, 11300 Tomahawk Creek Parkway, Suite 200, Leawood, KS 66211 QUIT CLAIM DEED The City of Dubuque, Iowa, a municipal corporation of Dubuque County, Iowa, for Twenty Three Thousand One Hundred Ninety-Seven and 10/00 Dollars ($23,197.10) does hereby Quit Claim unto: United Parcel Service 11300 Tomahawk Creek Parkway, Suite 200 Leawood, KS 66211 all its rights, title, and interest in the following described real estate situated in Dubuque County, Iowa, to wit: Lot 1 B, Block 5, River Front Subdivision No.3 in the City of Dubuque, Dubuque County, Iowa No declaration of value is required according to Iowa Code Section 428A.1. The City reserved 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 water, sewer, drainage, gas, telephone, television cable, fiber optics, and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey of said Lot 1 B. This deed is given pursuant to the authority of Resolution No. of the City of Dubuque, adopted , 2006, the terms and conditions thereof, if any, having been fulfilled. Signed this day of ,2006. CITY OF DUBUQUE, IOWA By: Roy D. Buol, Mayor Attest: By Jeanne F. Schneider, CMC, City Clerk c . DUBUQUE COUNTY ) ) ss ) STATE OF IOWA On this _ day of , 2006, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Roy D. Buol and Jeanne F. Schneider, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, by the authority of its City Council, as contained in Ordinance No. 2-5 of the City of Dubuque Code of Ordinances, passed by Resolution of the City Council under Resolution No. _ of the City Council on the _ day of , 2006; and Roy D. Buol and Jeanne F. Schneider acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public In and For Said State REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT Please read the filing instructions on the reverse side BEFORE completing this form. PART I - TO BE COMPLETED BY TRANSFEROR (Please Type or Print Legibly) TRANSFEROR Name City of IlbnlP Address 50 W. 13th ~ Number and. Street or !M!QIP City, own or I'.U. IA~~t.IP TRANSFEREE Name lklited Parcel Services (IPS) Address llDl TaJIiIhalIj( Creek Parkway. ~ite?OO LeiIIiWd, KA 66211 Number and Street or JUt City, lawn or P.U. Slate LIp Address of Property Transferred NA Number and. :Street or RR t.:lty,loWIl,orr.U. SllIe z~ Legal Description of Property Lot lB. Block 5. Ri\ll!r Frmt GdY1ivi~im M-l 1 in tlv> City of Ilb Q Ie. Ilb.we rlll'lty. ICloIiI 1. Wells (check one) ~ There are no known wells situated on this property. o There is a well or wells situated on this property. The type(s), location(s) and legal status are slated below. 2. Solid Waste Disposal (check one) l() There is no known solid waste disposal site on this property, o There is a solid waste disposal s,ite on this property, but no notice has been received from the Department of Natural Resources that the site is deemed to be potentially hazardous, o There is a solid waste disposal site on this property which has been deemed to be potentially hazardous by the Department of Natural Resources. The location(s) of the site(s) is stated below. 3. Hazardous Wastes (check one) 19 There is no known hazardous waste on this property. o There is hazardous waste on this property and it is being managed in accordance with Department of Natural Resources rules, 4. Underground Storage Tanks (check one) III There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) o There is an underground storage tank or tanks on this property. The type(s), size(s) and any known substance(s) contained are describec below. 5. Private Burial Site (check one) ~ There are no known private burial sites on this property. o There is a private burial site on this property. The location(s) of the site(s) is stated below. The known identifying information of the decedent is stated below. Information, if any, required by statements checked above: Attachment for Additional Information? Y / N If so, number of pages Signature: rans craro I HEREBY DEe _.~~-----------_.._-----_.-----------_..----_.._----------------------------------------------------....-------...---...-----....---.------.....-----...-----...-----...---"." PART II - TO BE COMPLETED BY RECORDER Date of Instrument Book/J.D, Pagell.D, Date of Recording City or Township Deed 0 Contract 0 County ......-----------------------..-----....---------..--------------.-----....-----------..-----......------..--..--------..-----..-......----........-.....------......---..--------......-----..-----..------- FILE WITH RECORDER (See Instruction #6) 542.0960 DNR form (July 99) INSTRUCTIONS FOR COMPLETING GROuNDWATER HAZARD STATEMENT 1e transferor of real property is required to complete Part I of this rm. The purpose of the statement is to satisfy legal requirements r filing instruments of conveyance of real property with the oUnty recorder (Iowa Code Section 558.69). The Department of atural Resources does not approve or disapprove of property msfers based on these statements. The statement must be signed , one of the persons transferring the property interest or that :rson's agent. An agent signing this form represents the formation from transferor to be correct. If the most part the information requested is clear (name, ldress, etc.). One statement under each of the numbered items , 2, 3, 4 and 5) must be checked, and if one or more of the atements checked requires the transferor to provide additional formation, that information is to be provided in part 1. Relate the Iditional information to the specific category of facility (well, c.) by numbering it with the corresponding number (I, 2, 3, 4, I. If additional space is needed, type or print it legibly on a :parate sheet or sheets, complete the statements at the end of Part and attach the additional information to all copies of the form. Then describing the location of a facility on the property, be :asonably precise, such as a specific distance and general Ifection from a landmark or corner of the property. A eofessional survey is not necessary. The following definitions are Jl use in completing the form. . Wells - A "well" is any excavation that is drilled, cored, bored, 1gered, washed, driven, dug, jetted or otherwise constructed for ,cessing groundwater or for diverting surface water into the round, including abandoned wells. "Well" does not include an pen ditch or drainage tiles which discharge to the surface. . a well is an "abandoned well" or an "agricultural drainage well," lis must be identified and the status of the well with respect to ,wa Code sections 455B.19q and 159.29, respectively, must be ated. An "abandoned well" is a well no longer in use or in such ate of disrepair that continued use is unsafe or impracticable. bandoned wells are to be properly plugged in accordance with lapter 39 of the rules of the Department of Natural Resources. ;67 Iowa Administrative Code, Chapter 39) .n "agricultural drainage well" is a well constructed for the urpose of draining, or which drains, water from agricultural land , an aquifer (underground), excluding drainage tile intakes which utlet to the surface. Agricultural drainage wells are required to e registered with the department by September 30, \988, and the wner of the well and of the land d~ained by the well are to evelop a plan proposing alternatives .to the use of the well by ruly I, 1998 (See Iowa Code Section 159.29.) . Solid Waste - "Solid waste" means garbage, refuse, rubbish nd other similar discarded solid or semisolid material. It does not ,clude dirt, stone, brick, or similar inorganic material used for fill, s long as no other solid waste is included. See 567--100.2(455B), owa Administrative Code (lAC.) for further defmitions. A disposal site" is any area on the property on, in, or under which olid waste has l?een disposed, whether or not the disposal is or ,as regulated by the department. f the transferor or agent has not received notice from the )epartment of Natural Resources that the disposal site has been leemed to be potentially hazardous, there is no duty to inquire to he department. 'Note The land application of sludges or soils resulting from the emediation of underground storage tank releases accomplished in :ompliance with Department of Naturai Resources rules without a ,ennit is not required to be reported as the disposal of solid waste l[ hazardous waste. (See Iowa Code Section 558.69) )NR form (July 99) 3. Hazardous Wastes - "Hazardous waste" is defmed in Iowa Code section 455B.4I1, 567--141.2 (455B), lAC., and federal regulations referenced therein. It is generally defmed as waste that poses a threat to human health or the environment. . It includes wastes which are ignitable, corrosive, toxic, explosive, violently reactive, or specifically listed as hazardous in the Code of Federal Regulations (40 CFR 261). EXCLUDED are household wastes, agricultural wastes returned. to the soil as fertilizers or soil conditioners, agricultural chemicals applied or disposed of by a farmer in accordance with the manufacturer's instructions, triple-rinsed agricultural chemical containers disposed of by farmers (where the rinsate is used as makeup water in the tankmix and applied at appropriate rates), and other specific materials. Persons . are legally required to be aware of hazardous waste laws. 4. Underground Storage Tanks - "Underground storage tank" means one or a combination of tanks, including underground piping connected to the tanks, used to contain an accumulation of regulated substances, and the volume of. which is 10 percent or more beneath the surface of the ground. "Regulated substances" include petroleum products and hazardous or toxic materials identified in 567--135.2(455B), 1.A.C. Underground storage tank does not include: a. Farm or residential tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes. But See 455B.473(4)) b. Tanks used for storing heating oil for consumptive use on the premises where stored. c. Residential septic tanks. d. Pipeline facilities regulated by state or federal law. e. A surface impoundment, pit pond, or lagoon. f. A storm water or wastewater collection system. g. A flow-through process tank. h. A liquid trap or associated gathering lines directly related to oil or gas production and gathering operations. . 1. A tank in an underground area snch as a basement or mine, if the tank is on or above the surface of the floor. j. Pipes connected to the above exclusions. "Tank type" means the material of construction (steel, fiberglass reinforced plastic [FRPJ, or other [specify]), and any internal or external protection such as a protective coating or wrapping, or cathodic protection. Identify the capacity in gallons and the substance stored in each tank. 5. Private Burial Sites - "Private Burial Site" means one or more graves containing human remains. For each site the transferor shall state the location of the site. For each decedent buried on the property the transferor shall state all known identifying information of that decedent including name, date of death, and date of birth. 6. Filing - The original of this form must be presented to the county recorder when the document to be recorded is filed. The Recorder shall forward the original to the transferee when the recorded instrument is returned. The recorder is not required to keep any copies. 543-0960 ..... PREPARED BY: 11W ENGINEERS & SURVEYORS P.Ct 4155 PENNSYLVANIA AVE, DUBUQUE. IOWA, (563) 556-2464 PLAT OF SURVEY LOT 1B, BLOCK 5, RIVER FRONT SUBDIVISION NO. 3 IN THE CITY OF DUBUQUE, IOWA S.W. CORNER LOT 2-2-2-2-1, BLOCK 5, RIVER FRONT SUB. NO. 3 ~ ~"( 4.J S'~""") #' C5 O' Cj <0 ~. ~ <C-. & !</ ^,"v o ~ ~ -'- ~ ~ ,;J I ~ a ~ ct Q;)""<: N.E. CORNER LOT 1-2-2-2-1 . o @ LOT 1-2-2-2-1, BLOCK 5, RIVER FRONT SUB. NO. 3 S.E. CORNER LOT 1-2-2-2-1 ~ NORTH .!iQIE. THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD AND NOT OF RECORD. DESCRIPTION A 45-FOOT WIDE VACATED STRIP OF KERPER BOULEVARD LYING NORTHWESTERLY OF AND ADJACENT TO LOT 1-2-2-2-1, BLOCK 5, RIVER FRONT SUBDIVISION NO. 3 IN THE CITY OF DUBUQUE, IOWA GRAPHIC SCALE o 40 80 I I I (IN FEET) DRAWING MAY HAVE BEEN REDUCED PROPRIETOR: CITY OF DUBUQUE SURVEYED FOR: UNITED PARCEL SERVICE DA TE OF SURVEY: NOVEMBER, 2005 TOTAL AREA SURVEYED: 0.207 ACRES \,\\\\lIll1ll/fll ",,\\\\ \ 0 W -4 111111/1 .$" \1\1111111'1, ~ g * ........11 I", ir ~ g :" JOHN M. '0, ~ ~ r' ~ TRANMER ~ "'~ = :: .: 0 = ~..;:, o. LS 12631,: -'- 2 %.~ ...." ,,'.....:::.,4.Jf ....1- " II q... ~ ~'l.$'<t '1111111\\\\\ v,,;::...... /I/IIII~ LAN 0 ~,\\\\\ Illf//lllll\l\\'\ I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS or THE STATE OF IOWA. ITI77J IIW ENGINEERS & u.u. SURVEYORS, P.C. FOR IIW ENGI: & SU"3i'~ /7... <J las ~ANMER /IL. lf DAC f UCENSE NO. 12631 MY UCENSE RENEWAL DATE IS 12/31/2006 PAGES OR SHEETS COVERED BY THIS SEAL , q,. '2- Iowa, Illinois. Wisconsin 4155 Pennsylvania Ave. Dubuque. IA 52002 563.556.2464 Hazel Green, WI DRAWN ARC PLAT NO. 83 IA 05 CHECKED JMT PROJ. NO. 05772-01 DATE 12 07 05 SHEET 1 of 2 P: 05 700 772 772 01 05772 01 dw 0577 Page 2 of2 SURVEYOR'S CERTIFICATE I, John M. Tranmer, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that the following real estate was surveyed and platted by me or under my direct personal supervision, To Wi!: A 45-100t wide vacated strip of Kerper Boulevard lying Westerly of and adjacent to Lot 1-2-2-2-1. Block 5, River Front Subdivision No.3 in the City of Dubuque, Iowa. This survey was performed for the purpose of subdividing and platting said real estate henceforth to be known as Lot 1B, Block 5, River Front Subdivision No.3 in the City of Dubuque, Iowa, more particularly described as follows: Beginning at the Northwesterly corner of said Lot 1-2-2-2-1, Block 5, River Front Subdivision No.3; Thence South 32 degrees 12 minutes 15 seconds West, 199.96 feet along the existing Easterly right-of- way line of Kerper Boulevard (172' wide) and the Westerly line of said Lot 1-2-2-2-1; Thence North 57 degrees 49 minutes 36 seconds West, 45.00 feet along the Westerly extension of the Southerly line of said Lot 1-2-2-2-1; Thence North 32 degrees 12 minutes 15 seconds East, 199.97 feet along a line 45.00 feet Westerly of and parallel to said existing Easterly right-of-way line of Kerper Boulevard; Thence South 57 degrees 48 minutes 29 seconds East, 45.00 feet along the Westerly extension of the Northerly line of said Lot 1-2-2-2-1, to the point of beginning. Containing 0.207 acres or 8,999 square feet, more or less, and subject to easements, reservations, restrictions, and rights-of-way of record and not of record, the plat of which is attached hereto and made a part of this certificate. . OWNER'S CONSENT Dubuque, Iowa ,20_ The foregoing plat of Lot lB, Block 5, River Front Subdivision NO.3 in the City of Dubuque, Iowa, is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate. FOR THE CITY OF DUBUQUE, IOWA By Roy D. Buol, Mayor By Jeanne F. Schneider, City Clerk State ofIowa ) ) ss: County of Dubuque ) On this day of ,20_, before me, a Notary Public in and for the County of Dubuque and State of Iowa, personally appeared Roy D. Buol and Jeanne F. Schneider, to me personally known who, being duly sworn did say that the said Roy D. Buol is Mayor and the said Jeanne F. Schneider is City Clerk of the City of Dubuque, Iowa, and that the seal affixed to the above instrument is the corporate seal of the City of Dubuque, Iowa, and that said instrument was signed and sealed on behalf of the said City of Dubuque, Iowa, by authority of the City Council of said city, and the said Roy D. Buol and Jeanne F. Schneider acknowledged the execution of said instrument to be the voluntary act and deed of said City of Dubuque, Iowa, by it voluntarily executed. Witness my hand and notarial seal on the date last above written. Notary Public in the State ofIowa My Commission Expires CITY COUNCIL Dubuque, Iowa ,20_ The undersigned, Mayor and Clerk of the City of Dubuque, Iowa, do hereby certifY that the foregoing plat in the City of Dubuque, Iowa, has been filed in the office of the Clerk of the City of Dubuque, and that by Resolution No. the Dubuque City Council approved said plat. Roy D. Buol Mayor of the City of Dubuque Jeanne F. Schneider Clerk of the City of Dubuque COUNTY AUDITOR Dubuque, Iowa ,20_ The foregoing plat was entered of record in the office of the Dubuque County Auditor this day of ,20_ Denise M. Dolan Dubuque County Auditor CITY ASSESSOR Dubuque, Iowa ,20_ The foregoing plat was entered of record in the office of the Dubuque City Assessor this day of ,20_ Richard A. Engelken Dubuque City Assessor RECORDER'S CERTIFICATE Dubuque, Iowa ,20_ The foregoing plat of Lot 1B, Block 5, River Front Subdivision No.3 in the City of Dubuque, Iowa, has been reviewed by the Dubuque County Recorder. Kathy Flynn Thurlow Dubuque County Recorder