Request to Vacate_Portion of University Avenue_MRJD Properties LLCMasterpiece on the Mississippi
Dubuque
All- America City
II h/
2012
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacating Petition University Avenue Extension - MRJD Properties, LLC
DATE: March 26, 2013
In response to a request from MRJD Properties LLC to vacate a portion of University
Avenue Extension adjacent to Iowa Auto Glass at 2796 University Avenue, City
Engineer Gus Psihoyos states that the City has no plans for the utilization of that portion
of University Avenue Extension, except for reserving the storm and sanitary sewer
easements as noted. City Engineer Gus Psihoyos recommends approval of the request
to vacate for a purchase price of $23,477.00, plus platting, publication and filing fees.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
kr,„ 7)4,
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
Masterpiece on the Mississippi
Dubuque
katil
AI- America City
2012
TO: Michael C. Van Milligen, City Manage
FROM: Gus Psihoyos, City Engineer
SUBJECT: Vacating Petition University Avenue Extension — MRJD Properties, LLC
DATE: March 25, 2013
INTRODUCTION
This is in response to a request from MRJD Properties, L.L.C. for vacating a portion of
University Avenue Extension adjacent to Iowa Auto Glass at 2796 University Avenue.
MRJD Properties, L.L.C. has purchased a portion of the Iowa Auto Glass property which
abuts the proposed vacate area.
DISCUSSION
The area to be vacated is platted into one lot and is described as Lot 2A University
Extension Place in the City of Dubuque, Iowa. Said Lot 2A is a portion of excess right
of way on which a public storm sewer and sanitary sewer exist. Perpetual easement
rights will be reserved on all of Lot 2A for maintenance of the existing storm and
sanitary sewers.
Due to reserving easements for existing storm and sanitary sewer on the proposed area
to be vacated, the property has been valued at $3.08 per square foot for a total value of
$23,477.00.
RECOMMENDATION
With the exception of reserving the storm and sanitary sewer easements as noted on
the Plat of Survey of Lot 2A University Extension Place, the City has no plans for the
utilization of this portion of University Avenue Extension proposed to be vacated.
I am recommending that the area indicated by said Lot 2A University Extension Place in
the City of Dubuque, 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 April 1,
2013. Furthermore, I am recommending that the purchase price be established at
$23,477.00 plus platting, publication and filing fees.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and that a public hearing
should be held on the disposal of the property through adoption of the enclosed
resolutions.
Prepared by Ron Turner, PLS
2
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589 -4270
Returned to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589 -4270
RESOLUTION NO. 106 -13
RESOLUTION DISPOSING OF CITY INTEREST LOT 2A UNIVERSITY
EXTENSION PLACE IN THE CITY OF DUBUQUE, 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 22nd day of March, 2013, the City
Council of the City of Dubuque, Iowa met on the 1st day of April, 2013, 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 University Extension Place in the City of Dubuque, 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.
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 University Extension Place in the City of Dubuque, Iowa, to MRJD
Properties, L.L.C. be contingent upon the payment of $23,477.00, plus platting,
publication, and filing fees.
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 sanitary and storm sewers over the entire area of said Lot 2A of
University Extension Place, 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 MRJD Properties, L.L.C. 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 1st day of Apr i 1 2013.
L-P
Roy D. Buol, Mayor
Key' S. Firnstahl, C , City Clerk
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: MRJD Properties LLC
1295 South Grandview Avenue
Dubuque, Iowa 52003
QUIT CLAIM DEED
For the consideration of One Dollar and other valuable consideration, the City of
Dubuque, Iowa does hereby Quit Claim to MRJD Properties LLC all its right, title,
interest, estate, claim and demand in the following described real estate in Dubuque
County, Iowa:
Lot 2A University Extension Place in the City of Dubuque, Iowa
Exempt: Iowa Code § 428A.2(6) Deed in which a political subdivision of the state of Iowa
is the grantor.
The City of Dubuque reserves unto itself a perpetual easement on, in and under Lot 2A
University Extension Place in the City of Dubuque, Iowa including the right to ingress
and egress thereto, for the purpose of erecting, installing, constructing, reconstructing,
repairing, owning, operating, and maintaining sanitary sewer and storm sewer on Lot 2A
University Extension Place in the City of Dubuque, Iowa.
Dated:
April 1 , 2013
CITY OF DUBUQUE, IOWA
Roy D.uol, Mayor
Attest:
Kevi 'irnstahl, ity Clerk
STATE OF IOWA, DUBUQUE COUNTY, ss:
On this 1st day of April , 2013, before me a Notary Public in and for said
County and said State, personally appeared Roy D. Buol and Kevin 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. 106 -13 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.
PAMELA J. td3c<.i,.iiRtJta
Commission Numhrr r7 a 11
My Comm. Exp.'s 5- wiS
i/W6A1Z,671-/
, Notary public
F: \USERS \tsteckle \Department Correspondence \Engineering \Dubuque Mattress - MRJD Properties \QuitClaimDeed_031113.doc
REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT
TO BE COMPLETED BY TRANSFEROR
TRANSFEROR:
Name City of Dubuque, Iowa
Address 50 Wset 13th Street Dubuque Iowa 52001
Number and Street or RR City, Town or P.O. State Zip
TRANSFEREE:
Name MRJD Properties LLC
Address 1295 South Grandview Avenue Dubuque Iowa 52003
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 University Extension Place in the City of
Dubuque, 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 TIE INFORMATION STATED ABOVE IS TRUE AND CORRECT.
Signature:
(Transferor or Agent) G s Ps 'nor S
FILE WITH RECORDER
Telephone No.: 563 - 589 -4-210
DNR form 542 -0960 (July 18, 2012)
1
111
II
ui
REAL ESTATE TRANSFER - DECLARATION OF VALUE
Please read the instructions on the reverse side BEFORE completing and filing this form.
Part I - TO BE COMPLETED BY BUYER, SELLER OR AGENT
SELLER: City of Dubuque, Iowa SSN or FEIN: 42- 6004596
Seller Address: 50 West 13th Street Dubuque Iowa 52001 e- mail /phone (563) 589 -4110
BUYER: MRJD Properties LLC SSN or FEIN 42- 2105034
Buyer Address: 1295 South Grandview Avenue Dubuque Iowa 52003
e-mail/phone: (563) 564 -0814
Address of Property Conveyed. n/a
Date of Instrument. A ® Deed 1 ❑ Contract 2 A
Legal Description: Lot 2A University Extension Place in the City of Dubuque, Iowa
Type of Sale (check all that apply): ❑ Fulfillment of prior year(s) contract ® Sale to /by Exempt Organization ❑ Auction Sale
❑ Corporate merger or reorganization ❑ Purchase of adjoining land ❑ Transfer of partial interest 3 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 ❑Alien ❑ Non - Resident Alien ❑ Limited Partnership A
1. Total Amount Paid
DECLARATION OF VALUE STATEMENT
23,477.00
2. Amount Paid for Personal Property (see instructions) $ 0
3. Amount Paid for Real Property Only (1 minus 2) $ 23,477.00 -
Contract Sale Information: Down Payment $ Interest Rate % Monthly Payment $
Length of Contract
years Balloon Payment Date (if applicable)
I HEREBY DECLARE `AT THE INFORMATION CONTAINED IN PART I OF THIS FORM IS TRUE AND CORRECT AS
DETD • N� / RM . Printed Name: Ronald J. Turner
i Phone #• 563.589.4277
Signature
❑ Buyer or ® Seller or ❑ Agent or ❑ Attorney
PART II - TO BE COMPLETED BY THE ASSESSOR
Classification of Property: ❑ Res _4_ ❑ Com _5_ ❑ Ind _2_ ❑ Ag _1_ 4 Deeded Acres: •
OCC
Primary Parcel Number • ( attach list of additional parcels)
TLA/GBA • Tax District •
Full Assessed Value
January 1 of Year of Sale
Good for study? ❑ Yes ❑ No NUTC
Land
Building
Dwelling
Total
A If No, give reason.
Effective Date of Form 09/30/12
Iowa Department of Revenue
ISBA 57006a (03/23/12)
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. 107 -13
RESOLUTION VACATING A PORTION OF UNIVERSITY AVENUE
EXTENSION IN THE CITY OF DUBUQUE, IOWA
Whereas, MRJD Properties LLC has requested the vacating of Lot 2A
University Extension Place near University Avenue Extension in the City of
Dubuque, Iowa; and
Whereas, IIW, P.C. has prepared and submitted to the City Council of the
City of Dubuque, Iowa, a plat dated the 11th day February, 2013, showing the
vacated portion of University Avenue Extension, and assigned lot numbers
thereto, which hereinafter shall be known and described as Lot 2A University
Extension Place in the City of Dubuque, Iowa; 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 this 22nd day of March, 2013, the City
Council of the City of Dubuque, Iowa met on the 1st day of
April, 2013, 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 this portion of University Avenue Extension is no longer required for public
use, and vacating of said portion of University Avenue Extension to be known as
Lot 2A University Extension Place 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 University
Extension Place in the City of Dubuque, Iowa, be and the same is hereby
vacated.
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 sanitary and storm sewer over the entire vacated area as may be
authorized by the City of Dubuque, Iowa as shown on the Plat of Survey of Lot
2A University Extension Place in the City of Dubuque, Iowa.
Passed, approved and adopted this l s t day of Apr i 1
Kevi S. Firnstahl, MC, Clerk
At test:
, 2013.
Roy D. Buol, Mayor
PY
I IIIIIII IIIIII III IIIII IIII1 iIIII11111111111111110111110111 I 111001110111
Doc ID' 007639560009 Type GEN
Kind SURVEY PLAT
Recorded: 03/08/2013 at 03:18:59 PM
Fee Amt: $47.00 Pape 1 of 9
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
Fi1e2013_00004371
PREPARED BY: IIW, P.C. 4155 PENNSYLVANIA AVE DUBUQUE, IOWA (563) 556 -2464
PLAT OF SURVEY
LOT 2A OF UNIVERSITY EXTENSION PLACE, IN THE CITY
OF DUBUQUE, IOWA
_. „111lullllll1ml1,,.
NORTH
GRAPHIC SCALE
0 40 80
1” = 40'
DRAWING MAY HAVE BEEN REDUCED
N43'37'21 "E 30.86'
(N 43'38'03 "E)
N20'39'47 "E 48.00'
(N 20'40'29"E)
N68'55'57 "W 29.72'
(N68'5511 5"W)
SW CORNER
LOT 2
P PRT Cdr LOT
L O T 12 M - 37 ,
2 ML 238
S83'55'51 "E
69.77'
(583.55'.09 "E)
LOT 2A
7,610 SQ. FT.
■IE
N83'55'51 "W
(N83'55'09 "W) .59'
N04'48'39 'W 48.50'
(N04'47'57 "W 48.63')
266.64' LINE__
- -
S81'57' 54„W
US HIGHWAY 20
PART2 O` 237,
2 � 238
O
0
N
O
co
O
P.O.B.
1 0
SOUTH LINE OF LOT 2
(S84'31'06" W
47 3.56'
NOTE
ENTIRE LOT 2A IS PROPOSED TO
BE COVERED BY A SANITARY AND
STORM SEWER EASEMENT
NOTE
UNIVERSITY AVENUE EXTENSION R.O.W. IS SHOWN PER
IOWA D.O.T. ACQUISITION PLAT FOUND IN WARRANTY
DEED (DOCUMENT #2005 -5401)
PROPRIETOR: CITY OF DUBUQUE
SURVEYED FOR: CITY OF DUBUQUE
DATE OF SURVEY: JANUARY 28, 2013
`011uIuurrrrrr
\ \ 0I I 1 .1 y/, ///
JEFFREY J.
BRANDT
LS 20999; °
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206.9f,, )
473.33')
SE
CORNER
LOT 2
NO CAP
LEGEND
PLAT BOUNDARY
- -'— LOT LINE
® FOUND R.O.W. RAIL
• FOUND IRON REBAR (SIZE
AND CAP AS NOTED)
O SET 5/8" IRON REBAR W/
ORANGE PLASTIC CAP NO.
20999
( ) RECORD INFORMATION
P.O.B. POINT OF BEGINNING
R.O.W. RIGHT OF WAY
NOTE
THIS SURVEY IS. SUBJECT TO
EASEMENTS, RESERVATIONS,
RESTRICTIONS AND RIGHTS -OF -WAY
OF RECORD AND NOT OF RECORD.
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 OF THE STATE OF IOWA.
FOR IIW, P.C.
-- Z -(1 r 3
JEF�'',iP B'A ^DT DATE
LICENSE NO. 20999 MY LICENSE RENEWAL DATE IS 12/31/2013
PAGES OR SHEETS COVERED BY THIS SEAL SHEETS 1 AND 2
IIW. P.C.
IIW
I NTEGRITY.EXPERTISE.SOLUTI ONS
www.iiwengr.com • 800.556.4491
ARCHITECTURE
CIVIL ENGINEERING
CONSTRUCTION SERVICES
ENVIRONMENTAL ENGINEERING
LAND SURVEYING
MUNICIPAL ENGINEERING
STRUCTURAL ENGINEERING
TRANSPORTATION ENGINEERING
CHECKED CLG
AT NO. 4 —IA -13
PROJ. NO. 12218
DATE 2 -5 -13 SHEET 1 of 2
P: \12\ 218\ 218 -04 \DRAWINGS \SURVEY \12218- 04VACA■
64117,00 g201
ON
THE CITY OF
DUB
Masterpiece on the Mississippi
University Avenue Extension Vacate
Dubufue Mattress
DAGIS
DUBUQUE AREA C.aGRAPHIC INFCaMATION
DISCLAIMER: This Information was compiled
sing the Dubuque Area Geographic Information System
(DAGIS), which Includes data created by both the City of
Dubuque and Dubuque County . It Is understood that, while
the CIty of Dubuque and participating agencies utilized the
most current and accurate Information available, DAGIS and
It's suppliers do not warrant the accuracy or currency of the
Information or data contained herein. The City and participating
agencies shall not be held liable for any direct, Indirect, Incidental,
usequential, punitive, or special damages, whether foreseeable or
nforeseeable, arising out of the authorized or unauthorized use of
this data or the Inability to use this data or out of any breach of
warranty whatsoever.
100
1 inch = 120 feet
50
0
100 Feet
N
W E
S
Map Prepared by:
City of Dubuque
Engineering Division
50 West 13th Street
Dubuque, Iowa 52001
Phone: (563) 589 -4270
Fax: (563) 589 -4205
Masterpiece on the Mississippi
Dubuque
N-A tiaC�1r
� � IF
2012
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacating Petition University Avenue Extension - MRJD Properties, L.L.C.
DATE: March 13, 2013
In response to a request from MRJD Properties, L.L.C., to vacate a portion of University
Avenue Extension adjacent to Iowa Auto Glass at 2796 University Avenue, City
Engineer Gus Psihoyos states that the City has no plans for the utilization of that portion
of University Avenue Extension, except for reserving the storm and sanitary sewer
easements as noted. City Engineer Gus Psihoyos recommends approval of the request
to vacate for a purchase price of $23,477.00, plus platting, publication and filing fees,
and recommends that a public hearing be set for April 1, 2013, on the disposal of this
property.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
u,ka
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
Masterpiece on the Mississippi
Dubuque
AI- America Ply
2012
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Vacating Petition University Avenue Extension — MRJD Properties, L.L.C.
DATE: March 12, 2013
INTRODUCTION
This is in response to a request from MRJD Properties, L.L.C., for vacating a portion of
University Avenue Extension adjacent to Iowa Auto Glass at 2796 University Avenue.
MRJD Properties, L.L.C. has purchased a portion of the Iowa Auto Glass property which
abuts the proposed vacate area.
DISCUSSION
The attached plat shows the area proposed to be vacated. The abutting property is
owned by MRJD Properties, L.L.C. The area to be vacated is platted into one lot and is
described as Lot 2A University Extension Place in the City of Dubuque, Iowa. Said Lot
2A is a portion of excess right of way on which a public storm sewer and sanitary sewer
exist. Perpetual easement rights will be reserved on all of Lot 2A for maintenance of the
existing storm and sanitary sewers.
Due to reserving easements for existing storm and sanitary sewer on the proposed area
to be vacated, the property has been valued at $3.08 per square foot for a total value of
$23,477.00.
RECOMMENDATION
With the exception of reserving the storm and sanitary sewer easements as noted on
the Rat of Survey of Lot 2A University Extension Place, the City has no plans for the
utilization of this portion of University Avenue Extension proposed to be vacated.
I am recommending that the Rat of Lot 2A University Extension Place in the City of
Dubuque, Iowa be approved and the area indicated by said Lot 2A University Extension
Place in the City of Dubuque, Iowa as shown on the attached plat be vacated and that a
public hearing be set for the disposition of the City's interest in the subject area on April
1, 2013. Furthermore, I am recommending that the purchase price be established at
$23,477.00 plus platting, publication and filing fees.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and a public hearing
should be scheduled on the disposal of the property through adoption of the enclosed
resolutions.
Prepared by Ron Turner, PLS
2
RESOLUTION NO. 90 -13
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST
IN LOT 2A UNIVERSITY AVENUE EXTENSION PLACE IN THE CITY OF
DUBUQUE, IOWA
Whereas, MRJD Properties, L.L.C. has requested the vacating and
disposal of a portion of University Avenue Extension Right of Way; and
Whereas, IIW, P.C., has prepared and submitted to the City Council a plat
showing a proposed vacated portion of University Avenue Extension Right of
Way and assigned a lot number thereto, which hereinafter shall be known and
described as Lot 2A University Extension Place 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 City of Dubuque intends to vacate and dispose of its
interest in Lot 2A University Extension Place in the City of Dubuque, Iowa.
Section 2. The City of Dubuque reserves unto itself a perpetual
easement including the right to ingress and egress thereto, for the purpose of
erecting, installing, constructing, reconstructing, repairing, owning, operating, and
maintaining sanitary sewer and storm sewer as may be authorized by the City of
Dubuque, Iowa, as shown on the Plat of Survey of Lot 2A University Extension
Place in the City of Dubuque, Iowa.
Section 3. That the conveyance of Lot 2A University Extension Place in
the City of Dubuque, Iowa to MRJD Properties, L.L.C. be contingent upon the
payment of $23,477.00, plus platting, publication, and filing fees.
Section 4. That the City Clerk be and is hereby authorized and directed to
cause a notice of intent to vacate and dispose of said real estate to be published
in the manner as prescribed by law.
Passed, approved and adopted this 18th day of March , 2013.
Attest:
Kevi► S Firnstahl, '"*:Fity Clerk
vy
Roy D. Buol, Mayor
PY
I IIIIIII IIIIII III IIIII IIII1 iIIII11111111111111110111110111 I 111001110111
Doc ID' 007639560009 Type GEN
Kind SURVEY PLAT
Recorded: 03/08/2013 at 03:18:59 PM
Fee Amt: $47.00 Pape 1 of 9
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
Fi1e2013_00004371
PREPARED BY: IIW, P.C. 4155 PENNSYLVANIA AVE DUBUQUE, IOWA (563) 556 -2464
PLAT OF SURVEY
LOT 2A OF UNIVERSITY EXTENSION PLACE, IN THE CITY
OF DUBUQUE, IOWA
_. „111lullllll1ml1,,.
NORTH
GRAPHIC SCALE
0 40 80
1” = 40'
DRAWING MAY HAVE BEEN REDUCED
N43'37'21 "E 30.86'
(N 43'38'03 "E)
N20'39'47 "E 48.00'
(N 20'40'29"E)
N68'55'57 "W 29.72'
(N68'5511 5"W)
SW CORNER
LOT 2
P PRT Cdr LOT
L O T 12 M - 37 ,
2 ML 238
S83'55'51 "E
69.77'
(583.55'.09 "E)
LOT 2A
7,610 SQ. FT.
■IE
N83'55'51 "W
(N83'55'09 "W) .59'
N04'48'39 'W 48.50'
(N04'47'57 "W 48.63')
266.64' LINE__
- -
S81'57' 54„W
US HIGHWAY 20
PART2 O` 237,
2 � 238
O
0
N
O
co
O
P.O.B.
1 0
SOUTH LINE OF LOT 2
(S84'31'06" W
47 3.56'
NOTE
ENTIRE LOT 2A IS PROPOSED TO
BE COVERED BY A SANITARY AND
STORM SEWER EASEMENT
NOTE
UNIVERSITY AVENUE EXTENSION R.O.W. IS SHOWN PER
IOWA D.O.T. ACQUISITION PLAT FOUND IN WARRANTY
DEED (DOCUMENT #2005 -5401)
PROPRIETOR: CITY OF DUBUQUE
SURVEYED FOR: CITY OF DUBUQUE
DATE OF SURVEY: JANUARY 28, 2013
`011uIuurrrrrr
\ \ 0I I 1 .1 y/, ///
JEFFREY J.
BRANDT
LS 20999; °
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206.9f,, )
473.33')
SE
CORNER
LOT 2
NO CAP
LEGEND
PLAT BOUNDARY
- -'— LOT LINE
® FOUND R.O.W. RAIL
• FOUND IRON REBAR (SIZE
AND CAP AS NOTED)
O SET 5/8" IRON REBAR W/
ORANGE PLASTIC CAP NO.
20999
( ) RECORD INFORMATION
P.O.B. POINT OF BEGINNING
R.O.W. RIGHT OF WAY
NOTE
THIS SURVEY IS. SUBJECT TO
EASEMENTS, RESERVATIONS,
RESTRICTIONS AND RIGHTS -OF -WAY
OF RECORD AND NOT OF RECORD.
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 OF THE STATE OF IOWA.
FOR IIW, P.C.
-- Z -(1 r 3
JEF�'',iP B'A ^DT DATE
LICENSE NO. 20999 MY LICENSE RENEWAL DATE IS 12/31/2013
PAGES OR SHEETS COVERED BY THIS SEAL SHEETS 1 AND 2
IIW. P.C.
IIW
I NTEGRITY.EXPERTISE.SOLUTI ONS
www.iiwengr.com • 800.556.4491
ARCHITECTURE
CIVIL ENGINEERING
CONSTRUCTION SERVICES
ENVIRONMENTAL ENGINEERING
LAND SURVEYING
MUNICIPAL ENGINEERING
STRUCTURAL ENGINEERING
TRANSPORTATION ENGINEERING
CHECKED CLG
AT NO. 4 —IA -13
PROJ. NO. 12218
DATE 2 -5 -13 SHEET 1 of 2
P: \12\ 218\ 218 -04 \DRAWINGS \SURVEY \12218- 04VACA■
64117,00 g201
ON
THE CITY OF
DUB
Masterpiece on the Mississippi
University Avenue Extension Vacate
Dubufue Mattress
DAGIS
DUBUQUE AREA C.aGRAPHIC INFCaMATION
DISCLAIMER: This Information was compiled
sing the Dubuque Area Geographic Information System
(DAGIS), which Includes data created by both the City of
Dubuque and Dubuque County . It Is understood that, while
the CIty of Dubuque and participating agencies utilized the
most current and accurate Information available, DAGIS and
It's suppliers do not warrant the accuracy or currency of the
Information or data contained herein. The City and participating
agencies shall not be held liable for any direct, Indirect, Incidental,
usequential, punitive, or special damages, whether foreseeable or
nforeseeable, arising out of the authorized or unauthorized use of
this data or the Inability to use this data or out of any breach of
warranty whatsoever.
100
1 inch = 120 feet
50
0
100 Feet
N
W E
S
Map Prepared by:
City of Dubuque
Engineering Division
50 West 13th Street
Dubuque, Iowa 52001
Phone: (563) 589 -4270
Fax: (563) 589 -4205
CITY OF DUBUQUE,
OFFICIAL NOTICE
NOTICE OF A PUBLIC
HEARING OF THE
CITY COUNCIL OF
THE CITY OF DUBU-
QUE, IOWA, ON THE
MATTER OF THE IN-
TENT TO DISPOSE OF
AN INTEREST IN REAL
PROPERTY
PUBLIC NOTICE is
hereby given that the
City Council of the City
of Dubuque, Iowa, will
hold a public hearing
on the 1st day of April,
2013 at 6:30 p.m. in the
Historic Federal Build-
ing, 350 West Sixth
Street, Dubuque, Iowa,
at which meeting the
City Council proposes
to vacate and dispose
of an interest in the fol-
lowing described real
property to MRJD Prop-
erties, LLC:
A portion of Universi-
ty Avenue Extension to
be known as Lot 2A
University Extension
Place in the City of Du-
buque, Iowa
At, the meeting, the
City Council will re-
ceive oral and written
objections from any
resident or property
owner of said City to
the above action. After
all objections have
been received and con -
sidered, the City Coun-
cil may at this meeting
or at any adjournment
thereof, take additional
action for the disposi-
tion of the City's inter-
est in such real estate
above, the approval of
the measure, or will
abandon the proposal.
By order of the City
Council said hearing
and appeals there from
shall be held in accord-
ance with and gov-
erned by the provisions
of Section 364.7 of the
Code of. Iowa. This -no-
tice is given by order of
the City Council of the
City of Dubuque, Iowa,
as provided by Chapter
403 of the Code of lo-
wa.
Copies of supporting
documents for the pub-
lic hearings are on file
in the City Clerk's Of-
fice and may be
viewed during, normal
working hours.
Any visual or hearing
impaired persons
needing special assis-
tance or persons with
special accessibility
needs should contact
the City Clerk's Office
at (563) 589 -4120 on
TTY 1(563) 690 -6678 at
least` 48 hours prior to
the meeting.
Dates this 22nd day of
March, 2013
Kevin S. Firnstahl,
CMC, City Clerk
It 3/8
RESOLUTION NO.
90 -13
RESOLUTION OF IN-
TENT TO VACATE'
AND' DISPOSE DF
CITY INTEREST IN
LOT 2A UNIVERSITY
AVENUE EXTENSION
PLACE IN THE CITY
OF DUBUQUE, IOWA
Whereas, MRJD Prop
erties, LLC has re-
quested the vacating
and disposal of a por-
tion of University Ave
nue Extension Right of
Way :and
Whereas, IIW, P.C.,
has prepared and sub -
miffed to the City
Council a plat showing
a proposed vacated
portion of University
Avenue Extension
Right; of Way and as-
signed a lot number
thereto, which herein-
L
afterU shall be' known
and described as o
2A niversity Extension
Place in the City of Du-
buque, Iowa, should be
approved.
NOW THEREFORE, BE
IT RESOLVED By THE
CITY COUNCIL OF THE
WA:
CITY OF DUBUQUE, IO-
Section 1. That the
City of Dubuque in-
tends to vacate and
dispose of its interest
in 2A x h
tension lot Place in University the
City of Dubuque, Iowa.
Section 2. The City of
Dubuque reserves unto
itself a perpetual ease-
ment including the
right to ingress and
egress thereto, for the
purpose of erecting, in-
stalling, constructing,
reconstructing, repair-
ing, owning, operating,
and maintaining sani-
tary sewer and storm
sewer as may be au-
thorized by the City of
Dubuque, Iowa, as
shown on the Plat of
Survey of Lot 2A Uni-
versity Extension Place
in the City of Dubuque,
Iowa.
Section 3. That the
conveyance of Lot 2A
University Extension
Place in the City of Du-
buque, Iowa to MRJD
Properties, L.L.C. be
contingent upon the,
payment of $23,477.00,
plus platting, publica-
tion, and filing fees.
Section 4. That the
City Clerk be and is
hereby authorized and
directed to cause a no-
tice "of intent to vacate
and dispose of said re-
al estate to be publish-
ed in the manner as
prescribed by law.
Passed, approved and
adopted this 18th day
of March, 2013.
Roy D. Buol, Mayor
Attest: Kevin S.
Firnstahl, CMC, City
Clerk
It 3/22
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: March 22, 2013, and for which the charge is $51.79.
Subscribed to before m a Notary Public in and for Dubuque County, Iowa,
,20 A .
this day of
Notary Public in and for Dubuque County, Iowa.
Masterpiece on the Mississippi
MEMORANDUM
TO: Ron Turner, Land Surveyor
FROM: Kevin Firnstahl, City Clerk
DATE: April 19, 2013
SUBJECT: Quit Claim Deed — MRJD Properties, LLC
Ron,
Attached is a copy of the recorded Quit Claim Deed for MRJD Properties related to the
University Avenue Extension Place vacate.
Per your instructions, and following receipt of payment, I am sending the original
document to MRJD Properties. I will retain a copy with the original resolution as well
copy the City Attorney's Office.
Thank you.
/ksf
cc: Tracey Stecklein, Paralegal
Attachments
Masterpiece on the Mississippi
MRJD Properties, LLC
1295 South Grandview Avenue
Dubuque, IA 52003
Dubuque
All-America City
II II
2012
City Clerk's Office
City Hall
50 W. 13`h Street
Dubuque, IA 52001 -4864
(563) 589 -4120 office
(563) 589 -0890 fax
ctyclerk@cityofdubuque.org
www.cityofdubuque.org
April 19, 2013
Enclosed for your records are the original recorded documents pertaining to vacate of
Lot 2A University Extension Place as approved by the City Council on April 1, 2013.
Please contact me if you have any questions.
Thank you.
f
K -vin S. Firnstahl, C Y C
City Clerk
1011111110111111111111111111
Doc ID: 007660080006 Type: GEN
Kind: DEED WITH RESOLUTION
Recorded: 04/08/2013 at 01:53:44 PM
Fee Amt: $37.00 Page 1 of 6
Revenue Tax: $0.00
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
File2013- 00006034
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: MRJD Properties LLC
1295 South Grandview Avenue
Dubuque, Iowa 52003
QUIT CLAIM DEED
For the consideration of One Dollar and other valuable consideration, the City of
Dubuque, Iowa does hereby Quit Claim to MRJD Properties LLC all its right, title,
interest, estate, claim and demand in the following described real estate in Dubuque
County, Iowa:
Lot 2A University Extension Place in the City of Dubuque, Iowa
Exempt: Iowa Code § 428A.2(6) Deed in which a political subdivision of the state of Iowa
is the grantor.
The City of Dubuque reserves unto itself a perpetual easement on, in and under Lot 2A
University Extension Place in the City of Dubuque, Iowa including the right to ingress
and egress thereto, for the purpose of erecting, installing, constructing, reconstructing,
repairing, owning, operating, and maintaining sanitary sewer and storm sewer on Lot 2A
University Extension Place in the City of Dubuque, Iowa.
Dated:
April 1 , 2013
CITY OF DUBUQUE, IOWA
Roy D. ` Buol, Mayor
Attest:
Keviry irnstahl, City Clerk
STATE OF IOWA, DUBUQUE COUNTY, ss:
On this 1st day of April , 2013, before me a Notary Public in and for said
County and said State, personally appeared Roy D. Buol and Kevin 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. 106 -13 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 Nwn::,_
My Comm. Exp. 'f
F: \USERS \tsteckle \Department Correspondence \Engineering \Dubuque Mattress - MRJD Properties \QuitClaimDeed_031113.doc
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. 106 -13
RESOLUTION DISPOSING OF CITY INTEREST LOT 2A UNIVERSITY
EXTENSION PLACE IN THE CITY OF DUBUQUE, 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 22nd day of March, 2013, the City
Council of the City of Dubuque, Iowa met on the 1st day of April, 2013, 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 University Extension Place in the City of Dubuque, 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.
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 University Extension Place in the City of Dubuque, Iowa, to MRJD
Properties, L.L.C. be contingent upon the payment of $23,477.00, plus platting,
publication, and filing fees.
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 sanitary and storm sewers over the entire area of said Lot 2A of
University Extension Place, 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 MRJD Properties, L.L.C. 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.
Attest:
Passed, approved and adopted this 1st day of April
Key. S. Firnstahl, C City Clerk
2013.
Roy D. Buol, Mayor
STATE OF IOWA
CERTIFICATE of the CITY CLERK
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. 106 -13 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 2nd' day of April, 2013.
Key i S. Firnstahl, _ MC, City lerk
PREPARED BY: IIW, P.C.
11111111111111111111 IIIIIIIIIIIIII IIIIIIIIIIIII 1 1 1 11111111111
Doc ID: 007639560009 Type: GEN
Kind: SURVEY PLAT
Recorded: 03/08/2013 at 03:18:59 PM
Fee Amt: $47.00 Pape 1 of 9
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
F11e2013 ®00004371
4155 PENNSYLVANIA AVE DUBUQUE, IOWA (563) 556 -2464
PLAT OF SURVEY
LOT 2A OF UNIVERSITY EXTENSION PLACE, IN THE CITY
OF DUBUQUE, IOWA
•R,II�a�IIIIIIIInIII,.
NORTH: .
GRAPHIC SCALE
40
80
1 " =40'
DRAWING MAY HAVE BEEN REDUCED
N43•37'21 "E 30.86'
(N43•38'03 "E)
N20'39'47 "E 48.00'
(N20'40'29 "E)
Poc 1�0' 2311
2. I1j,� 238
N68'55'57 "W 29.72'
(N68'55'1 5"W)
SW CORNER
LOT 2 n —
S81 57
N04 °48'39 "W 48.50'
(N04'47'57 "W 48.63')
266.64 LINE, -
-
R.0 W LINE LOT 2
SOU N
TH (S$4'31' 06 "w
• '54'W 473,56'
NOTE
ENTIRE LOT 2A IS PROPOSED TO
BE COVERED BY A SANITARY AND
STORM SEWER EASEMENT
206.92'
(207.25)
47388')
LEGEND
US HIGHWAY 2® _ - PLAT BOUNDARY
-° LOT LINE
® FOUND R.O.W. RAIL
FOUND IRON REBAR (SIZE
AND CAP AS NOTED)
0 SET 5
20999 /8" IRON REBAR WI
ORANGE PLASTIC CAP NO.
( ) RECORD INFORMATION
P.O.B. POINT OF BEGINNING
R.O.W. RIGHT OF WAY
SE
CORNER
LOT 2
5/8'
NO CAP
NOTE
UNIVERSITY AVENUE EXTENSION R.O.W. IS SHOWN PER
IOWA D.O.T. ACQUISITION PLAT FOUND IN WARRANTY
DEED (DOCUMENT #2005 -5401)
PROPRIETOR: CITY OF DUBUQUE
SURVEYED FOR: CITY OF DUBUQUE
DATE OF SURVEY: JANUARY 28, 2013
NOTE
THIS SURVEY IS.. SUBJECT TO
EASEMENTS, RESERVATIONS,
RESTRICTIONS AND RIGHTS -OF -WAY
OF RECORD AND NOT OF RECORD.
I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED
AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY"
DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY UCENSED LAND
SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA.
FOR IIW, P.C.
98,..„44_. 2,-1( 43
JEF�f'ti''(J. 8T2A$DT DATE
UCENSE NO. 20999 MY LICENSE RENEWAL DATE IS 12/31/2013
PAGES OR SHEETS COVERED BY THIS SEAL SHEETS 1 AND 2
SOLUTIONS
'vmuAllweng[•oom • 60/5564791
ARCHITECTURE
CIVIL ENGINEERING
CONSTRUCTION SERVICES
NMENTAL ENGINEERING
LENS SURVEYING
MUNICIPAL ENGNEFiUNG
TRUGIURAL ENGWEERWG
SPORTATCON ENSCCCCRMS
DRAWN PLAT NO. 4 -IA -13
CHECKED CLG PROJ. NO. 12216
DATE 2 -5 -13 SHEET 1 of 2
P: \12\ 218\ 216- 04\ DRAVUNGS \SURVEY\12218- 04VACA1ION
C$L7,IOO c: 'o:GA .
RANDALL L. ORMILLIE DOLTER
1295 S. GRANDVIEW AVE. PH. 563-582-9445
DUBUQUE, IA 52003-8717
PAY TO THE r,60:47,-
ORDER OF G-•
45-52/739
6232
V/7./.2ez3 0Shiekr
DATE
7/1/1 2771,014P9/42 /5;4- .4.44/4,40 (-4\442,01/Jk?fateLr
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American Trust
& Savings Bank
DUBUQUE, DYERSVILLE, & FARLEY
DUBUQUE, IOWA 52001
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Doc ID 007660090002 Type GWH
Kind GROUNDWATER HAZARD
Recorded: 04/08/2013 at 01:53:53 PM
Fee Amt: $0.00 Page 1 of 2
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
F11e2013- 00000488
REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT
TO BE COMPLETED BY TRANSFEROR
TRANSFEROR:
Name City of Dubuque, Iowa
Address 50 Wset 13th Street Dubuque Iowa 52001
Number and Street or RR City, Town or P.O. State Zip
TRANSFEREE:
Name MRJD Properties LLC
Address 1295 South Grandview Avenue Dubuque Iowa 52003
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 University Extension Place in the City of
Dubuque, 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)
Zo13- LPO3UJ
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 THE INFORMATION STATED ABOVE IS TRUE AND CORRECT.
Signature:
(Transferor or Agent) (344 s Ps1 len S
FILE WITH RECORDER
Telephone No.: 563 -5e, -427o
DNR form 542 -0960 (July 18, 2012)
111111111511111311111111$11
Doc ID 007660100004 Type GEN
Kind: RESOLUTION
Recorded: 04/08/2013 at 01:54:10 PM
Fee Amt: $22.00 Pape 1 of 4
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
File 2013-00006035
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. 107 -13
RESOLUTION VACATING A PORTION OF UNIVERSITY AVENUE
EXTENSION IN THE CITY OF DUBUQUE, IOWA
Whereas, MRJD Properties LLC has requested the vacating of Lot 2A
University Extension Place near University Avenue Extension in the City of
Dubuque, Iowa; and
Whereas, IIW, P.C. has prepared and submitted to the City Council of the
City of Dubuque, Iowa, a plat dated the 11th day February, 2013, showing the
vacated portion of University Avenue Extension, and assigned lot numbers
thereto, which hereinafter shall be known and described as Lot 2A University
Extension Place in the City of Dubuque, Iowa; 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 this 22 "d day of March, 2013, the City
Council of the City of Dubuque, Iowa met on the 1st day of
April, 2013, 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 this portion of University Avenue Extension is no longer required for public
use, and vacating of said portion of University Avenue Extension to be known as
Lot 2A University Extension Place in the City of Dubuque, Iowa should be
approved.
Cake C9.ev IL
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 University
Extension Place in the City of Dubuque, Iowa, be and the same is hereby
vacated.
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 sanitary and storm sewer over the entire vacated area as may be
authorized by the City of Dubuque, Iowa as shown on the Plat of Survey of Lot
2A University Extension Place in the City of Dubuque, Iowa.
Passed, approved and adopted this 1st day of Apr i 1 , 2013.
Attest:
Kevi S. Firnstahl, MC, 'Clerk
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. I
do further state that the hereto attached Resolution No. 107 -13 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 2nd' day of April, 2013.
Kevin Firnstah , C17 City Clerk
p
PREPARED BY:- IIW, P.C.
4155 PENNSYLVANIA AVE
I0III111I11I1III11111I11IIIIIII1f1111U 1 IIII 11 IIIIIIIIIIII
Doc ID: 007639560009 Type: GEN
Kind: SURVEY PLAT
Recorded: 03/0B/2013 at 03:18:59 PM
Fee Amt: $47.00 Page 1 of 9
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
Fi1e2013- 00004371
DUBUQUE, IOWA (563) 556 -2464
PLAT OF SURVEY
LOT 2A OF UNIVERSITY EXTENSION PLACE, IN
OF DUBUQUE, IOWA
I
..,IImIIIIIIIIIIm11..
NORTH,•
GRAPHIC SCALE
0 40 80
' PR!1�OF 371
• 2
4'L -28
1" = 40''
DRAWING MAY HAVE BEEN REDUCED
N43'37'21 "E 30.86'
(443'38'03 "E)
•
N20'39.'47 "E 48.00'
(N20'40'29 "E)
THE CITY
P AR�2 OF ■■0 37,
LO . ML�2
Mk-
238.
N6855'57 "W 29.72'
(N6855'15 "W)
SW CORNER
LOT 2
LO'C lOw-"-
EY■S1ON
' PLACE
N04'48'39 "W 48.50' } "
(N04247'57 "W 48.63') — 1
266.64 LINE - -LOT 2
1:1\41.- - - SOUTH LIN`584.31'06°W
S81'S7'S4"W 473.56'
LEGEND
US HIGHWAY 20
206.92'
(201.25')
473.88')
NOTE
ENTIRE LOT 2A IS PROPOSED TO
BE COVERED BY A SANITARY AND
STORM SEWER EASEMENT
NOTE
UNIVERSITY AVENUE EXTENSION R.O.W. IS SHOWN- PER
IOWA D.M. ACQUISITION PLAT FOUND IN WARRANTY
DEED (DOCUMENT #2005 -5401)
PROPRIETOR:
SURVEYED FOR:
DATE OF SURVEY:
CITY OF DUBUQUE
CITY OF DUBUQUE
JANUARY 28, 2013
SE
CORNER
LOT 2
PLAT BOUNDARY
---- LOT LINE
® FOUND R.O.W. RAIL
• FOUND IRON REBAR (SIZE
AND CAP AS NOTED)
0 SET 5/8" IRON REBAR W/
ORANGE PLASTIC CAP NO.
20999
( ) RECORD INFORMATION
P.O.B POINT OF BEGINNING
R.O.W. RIGHT OF WAY
NOTE
THIS SURVEY Iq SUBJECT TO
EASEMENTS, RESERVATIONS,
RESTRICTIONS AND RIGHTS -OF -WAY
OE RECORD AND NOT OF RECORD.
IM.
I HEREBY CERTIFY. THAT TFIIS 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 UCENSED LAND
SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA.
FOR IIW, P.C.
DT
UCENSE N0. 20999
DATE
MY LICENSE RENEWAL DATE IS 12/31/2013
PAGES OR SHEETS COVERED BY THIS SEAL SHEETS 1 AND 2
P.C..
IIW
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PLAT .NO.
4 -IA -13
CHECKED CLG PROD: NO. 12218
DATE 2 -5 -13 SHEET 1of 2
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