Sale of Property at 1895 JFK Road_Molo CompaniesMasterpiece on the Mississippi
Dubuque
band
AI- America City
1
2007 • 2012 • 2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Sale of City -Owned Property West of 1895 John F. Kennedy Road
DATE: November 26, 2013
In July 2013, Molo Oil Company contacted the City inquiring if the City would consider
selling property that is adjacent to and west of Molo -owned property at 1895 John F.
Kennedy Road. The property is approximately 1.4 acres and is a part of an existing 2.8
acre lot. On November 28, 2013 the City Council approved replatting the parcel into
two lots and the 1.4 acre lot is to be sold to Molo and the remainder lot is to be retained
by the City.
Molo is interested in redeveloping the site and utilizing the property for a parking lot
serving a new commercial business fronting on John F. Kennedy Road. The new
business would replace the former restaurant business Choo Choo Charlie's. The
property includes a steeply sloping drainage way running west from John F. Kennedy
Road that joins with the North Fork of Catfish Creek and is partially located within a
floodplain. The property's remote location and steep terrain present maintenance and
security challenges for the City.
City Engineer Gus Psihoyos recommends the City Council approve the execution of a
purchase agreement for the sale of City -owned real property located adjacent to the
property at 1895 John F. Kennedy Road to Molo Oil Company for the purchase price of
$6,000.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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
2
Masterpiece on the Mississippi
Dubuque
kittal
All-America City
11111.1
2007 • 2012 • 2013
TO: Michael C. Van Milligen, City Mana9
FROM: Gus Psihoyos, City Engineer
DATE: November 19, 2013
SUBJECT: Sale of City -Owned Property West of 1895 John F. Kennedy Road
INTRODUCTION
The purpose of this memorandum is to request the City Council's approval of the
attached resolution, authorizing the sale of City -owned real property located adjacent to
the property at 1895 John F. Kennedy Road.
BACKGROUND
In July 2013, Molo Oil Company (Molo) contacted the City Engineering Department
inquiring if the City would consider selling property that is adjacent to and west of Molo-
owned property at 1895 John F. Kennedy Road (Real Estate). The Real Estate is
approximately 1.4 acres and is a part of an existing 2.8 acre lot legally described as Lot
2 of 2 of 2 of Westview Shopping Center Place. The City Council approved replatting
of the 2.8 acre parcel at the November 18, 2013 City Council meeting, resulting in two
new Tots: Lot 1 of Westview Shopping Center Place No. 4, according to the recorded
plat thereof, and Lot 2 of Westview Shopping Center Place No. 4, according to the
recorded plat thereof. The 1.4 acre lot legally described as Lot 1 of Westview Shopping
Center Place No.4, in the City of Dubuque, Iowa, according to the recorded plat thereof
is to be sold to Molo. The other lot will remain owned by the City.
Molo is interested in redeveloping the site and utilizing the Real Estate for a parking lot
serving a new commercial business fronting on John F. Kennedy Road. The new
business would replace the former restaurant business at the site, Choo Choo Charlie's.
The Real Estate includes a steeply sloping drainage way running west from John F.
Kennedy Road that joins with the North Fork of Catfish Creek and is partially located
within a floodplain. The Real Estate has previously been used as a place for BMX
bicycle riding. The Real Estate's remote location and steep terrain present
maintenance and security challenges for the City.
DISCUSSION
During the month of August, 2013, City staff and Molo Companies negotiated the sale
price of the Real Estate. Based on the remote location, steep terrain and maintenance
challenges associated with the property, the City staff and Molo Companies settled on a
purchase price of six thousand dollars ($6,000.00), subject to City Council approval. A
purchase agreement, signed by Molo, which sets forth the terms and conditions of the
proposed sale and site development, is attached for your reference.
By action of the City Council at its meeting held on November 18, 2013, Resolution No.
332 -13 approved the setting of a public hearing to be held for the disposal of property
west of 1895 John F. Kennedy Road.
By action of the City Council at its meeting held on November 18, 2013, Resolution No.
322 -13 approved the Plat of Lot 1 and Lot 2 of Westview Shopping Center Place No. 4.
Per the purchase agreement, Lot 1 is to be conveyed to Molo Companies while Lot 2 is
to be retained by the City of Dubuque. A copy of the recorded plat is attached for your
reference.
ACTION TO BE TAKEN
The action requested of the City Council is to approve the attached resolution,
authorizing the execution of the purchase agreement and sale of City -owned property
west of 1895 John F. Kennedy Road.
Prepared by Nate Kieffer, PLS
cc: Barry Lindahl, City Attorney
Maureen Quann, Assistant City Attorney
Kyle Kritz, Associate Planner
AMENDMENT
TO
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
MOLO OIL COMPANY
This AMENDMENT TO OFFER TO BUY REAL ESTATE AND ACCEPTANCE is
dated for reference purposes the 2nd day of December, 2013.
Whereas, the City of Dubuque (Seller) and Molo Oil Company (Buyer) are
parties to an Offer to Buy Real Estate And Acceptance (Offer) executed by the Seller on
December 2 , 2013; and
Whereas, the parties now desire to amend the Agreement as set forth herein:
1. Section 16 is amended to read as follows:
16.8 Buyer is responsible for appropriately compacting the backfill above the
storm sewer extension at the Real Estate in accordance with the engineering plans
previously submitted by Buyer and approved by Seller. If Buyer contemplates parking
lot improvements above the storm sewer extension area, Buyer must compact the
backfill to at least ninety -five percent (95 %) of the Standard Proctor Density in
accordance with the engineering plans previously submitted by Buyer and approved by
Seller. Buyer is and will be responsible for any repairs to such contemplated parking lot
areas, including, but not limited to, paving in and above the storm sewer extension area,
related to or arising from backfill or storm sewer settlement.
16.9 The Real Estate is sold /purchased "as is" and "with all faults ".
2. This amendment is subject to the approval of the City Council of the City of
Dubuque, Iowa.
CITY OF DUBUQUE, IOWA
By:
Roy D. uol, Mayor
11262013maq
MOLO OIL COMPANY
By:
Mark E. Molo, President
By:
Ke
Firnsta
I, City Clerk
Date: December 2, 2013
Date: AMVE714,3 &YL. Z 71 2O /E
2
RESOLUTION NO. 348-13
RESOLUTION DISPOSING OF AN INTEREST IN CITY OWNED REAL PROPERTY
BY SALE TO MOLO OIL COMPANY
WHEREAS, the City of Dubuque, Iowa (City) owns the following real property (the
Property):
Lot 1 of Westview Shopping Center Place No.4, in the City of Dubuque,
Iowa; and
WHEREAS, City has entered into an Agreement and an Amendment thereto with Molo
Oil Company (Moto), copies of which are attached hereto, to sell the Property to Molo;
and
WHEREAS, on December 2, 2013, the City Council pursuant to notice published as
required by law, held a public hearing on its intent to dispose of the Property by sale to
Molo, and overruled all objections thereto; and
WHEREAS, the City Council finds that it is in the best interest of the City to approve
the sale of the Property to Molo on the terms set forth in the Agreement and the
Amendment thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, approves the Agreement and
the Amendment attached hereto for the sale of the Property to Molo Oil Company.
Section 2. The Mayor is hereby authorized and directed to execute a Warranty Deed
conveying the City's interest to Molo Oil Company for the Property subject to the terms of
the Agreement and the Amendment.
Passed, approved and adopted this 2nd day of December, 2013.
ATTEST:
•OF/
dill
Kevin Firnstah , City erk
Roy D. Buol, Mayor
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: MOLO OIL COMPANY, Buyer.
FROM: CITY OF DUBUQUE, IOWA, Seller.
SECTION 1. REAL ESTATE DESCRIPTION. The Molo Oil Company (Buyer) offers to
buy real estate in Dubuque County, Iowa, described as follows:
Lot 1 of Westview Shopping Center Place No. 4, in the City of
Dubuque, Iowa
legal description to be confirmed per continued abstract per Section 9, with any
easements and appurtenant servient estates, but subject to the following: a) any zoning
and other ordinances; b) any covenants of record; and c) any easements of record for
public utilities, roads and highways.
SECTION 2. PRICE. The purchase price shall be six thousand dollars ($6,000.00),
payable in cash at the Closing.
SECTION 3. REAL ESTATE TAXES. Seller shall pay any unpaid real estate taxes
payable for fiscal year 2012 -2013 and prior years. Seller shall also pay real estate taxes
for fiscal year 2013 -2014 prorated through the date of closing. Buyer shall pay all
subsequent real estate taxes after the date of closing.
SECTION 4. SPECIAL ASSESSMENTS. Seller shall pay all special assessments, if
any, which are a lien as of the date of closing, prorated to the date of closing.
SECTION 5. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of Toss or
damage to the Real Estate prior to closing or possession, whichever first occurs. Seller
agrees to maintain existing insurance and Buyer may purchase additional insurance. In
the event of substantial damage or destruction prior to closing, this Offer shall be null
and void; provided, however, Buyer shall have the option to complete the closing and
receive insurance proceeds regardless of the extent of damages. The Real Estate shall
be deemed substantially damaged or destroyed if it cannot be restored to its present
condition on or before the closing date.
SECTION 6. CARE AND MAINTENANCE. The Real Estate shall be preserved in its
present condition and delivered intact at the time possession is delivered to Buyer,
provided, however, if there is loss or destruction of all or any part of the Real Estate from
causes covered by the insurance maintained by Seller, Buyer agrees to accept such
damaged or destroyed Real Estate together with such insurance proceeds in lieu of the
Real Estate in its present condition and Seller shall not be required to repair or replace
same.
SECTION 7. POSSESSION. If Buyer timely performs all obligations, possession of the
Real Estate shall be delivered to Buyer on December 31, 2013, or such earlier date as
the parties may agree in writing, with any adjustments of rent, insurance, and interest to
be made as of the date of transfer of possession.
SECTION 8. FIXTURES. All property that integrally belongs to or is part of the
buildings on the Real Estate, whether attached or detached, such as light fixtures,
shades, rods, blinds, awnings, windows, storm doors, screens, plumbing fixtures, water
heaters, water softeners, automatic heating equipment, wall -to -wall carpeting, built -in
items and electrical service cable, outside television towers and antenna, fencing, gates
and landscaping shall be considered a part of Real Estate and included in the sale.
SECTION 9. ABSTRACT AND TITLE. Seller shall promptly obtain an abstract of title
to the Real Estate. At Seller's expense, the abstract will be continued through the date of
acceptance of this Offer, and delivered to Buyer for examination. It shall show
merchantable title in Seller in conformity with this Offer, Iowa law and Title Standards of
the Iowa State Bar Association. The abstract shall become the property of the Buyer
when the purchase price is paid in full. Seller shall pay the costs of any additional
abstracting and title work due to any act or omission of Seller, including transfers by or
the death of Seller or its assignees.
SECTION 10. DEED. Upon payment of the purchase price, Seller shall convey the Real
Estate to Buyer, by Special Warranty Deed, free and clear of all liens, restrictions, and
encumbrances except as provided in 1(a) through 1(c). Any general warranties of title
shall extend only to the time of acceptance of this Offer, with special warranties as to acts
of Seller continuing up to time of delivery of the deed.
SECTION 11. TIME IS OF THE ESSENCE. Time is of the essence in this contract.
SECTION 12. REMEDIES OF THE PARTIES.
12.1 If Buyer fails to timely perform this Offer, Seller may forfeit it as provided in the
Code of Iowa, and all payments made shall be forfeited or, at Seller's option, upon thirty
(30) days written notice of intention to accelerate the payment of the entire balance
because of such failure (during which thirty (30) days such failure is not corrected) Seller
may declare the entire balance immediately due and payable. Thereafter this Offer may
be foreclosed in equity and the Court may appoint a receiver.
12.2 If Seller fails to timely perform this contract, Buyer has the right to have all
payments made returned to it.
12.3 Buyer and Seller also are entitled to utilize any and all other remedies or actions at
law or in equity available to them and shall be entitled to obtain judgment for costs and
attorney fees as permitted by law.
2
SECTION 13. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This Offer
shall apply to and bind the successors in interest of the parties.
SECTION 14. CONSTRUCTION. Words and phrases shall be construed as in the
singular or plural number, and as masculine, feminine or neuter gender, according to the
context.
SECTION 15. TIME FOR ACCEPTANCE. If this Offer is not accepted by the parties on
or before December 6, 2013 it shall become void and all payments shall be repaid to the
Buyer.
SECTION 16. OTHER PROVISIONS.
16.1 The Offer is subject to final approval of the City Council of the City of Dubuque,
Iowa in its sole discretion. If the City Council of the City of Dubuque, Iowa does not
approve this Offer, it shall become automatically void and neither party shall be bound by
the terms and conditions set forth herein.
16.2 After execution of this Offer by Seller and Buyer and final approval of the City
Council of the City of Dubuque, Iowa, Seller shall deliver a copy of the executed Offer to
Buy Real Estate and Acceptance executed by Michael C. Van Milligen, City Manager,
along with a copy of the Resolution of the City Council authorizing the purchase of this
Real Estate.
16.3 Buyer, its counsel, accountants, agents and other representatives, shall have full
and continuing access to the Real Estate and all parts thereof, upon reasonable notice
to Seller for the purpose of inspecting, surveying, engineering, test boring, performance
of environmental tests and such other work as Buyer shall consider appropriate,
provided that Buyer shall hold Seller harmless and fully indemnify Seller against any
damage, claim, liability or cause of action arising from or caused by the actions of
Buyer, its agents, or representatives upon the Real Estate (except for any damage,
claim, liability or cause of action arising from conditions existing prior to any such entry
upon the Real Estate), and shall have the further right to make such inquiries of
governmental agencies and utility companies, etc. and to make such feasibility studies
and analyses as Buyer considers appropriate.
16.4 Seller warrants that the rights of all tenants shall be terminated by Seller prior to
closing and that there will be no tenants whose rights in the Real Estate survive the
closing. This covenant shall survive the closing.
16.5 Until ten (10) days prior to closing, Buyer shall have the right to terminate this
agreement if environmental issues exist on the Real Estate that Buyer determines in its
sole discretion do not permit Buyer to use the Real Estate for its intended use. Prior to
terminating this Agreement pursuant to this Section, Buyer shall offer Seller the
opportunity to remediate the Real Estate to the satisfaction of Buyer in its sole discretion
and at Seller's sole cost.
3
16.6 Seller will not participate in the construction costs for the storm sewer extension
and associated grading at the Real Estate.
16.7 Seller will maintain the storm sewer extension at the Real Estate after the sewer
is designed and construction to meet Seller's standards and inspected by Seller's staff.
Terms and conditions restricting Buyer and subsequent buyers of the Real Estate and
granting Seller access for the future maintenance of the storm sewer extension are set
forth in the Plat of Survey attached as Exhibit 1.
16.8 The Real Estate is sold /purchased "as is" and "with all faults ".
THIS OFFER IS ACCEPTED:
Dated: December 2, 2013
CITY OF DUBUQUE, IOWA
By:
Michael C. Van Milligen
City Manager
4
Dated: //
MOLO OIL COMPANY
Byi/07
Mark E. Molo
President
EXHIBIT 1
PLAT OF SURVEY
LOT 1 AND LOT 2 OF WESTVIEW SHOPPING CENTER NO. 4
5
PREPARED BY: IIW. P.C. 4155 PENNSYLVANIA AVE DUBUQUE. IOWA (553) 556 -2464
PLAT OF SURVEY
LOT 1 AND LOT 2 OF WESTVIEW
CENTERUNE EXISTING 20' WIDE
SANITARY AND STORM EASEMENT
PER BK. 34 PG. 135 AND BK. 33 PG. 229
\.p� p0
NB7'_49'24 "E 130.76'_
-We)
- NE CORNER OF
LOT A
NORTH FORK
TRAILS
NO CAP
cSk
ONE DIST. RECORD 01ST. BEARING
L1
L2
L3
L4
L5
L6
L7
53.07'
25.02'
83.83'
73.02'
15.00'
72.55'
239.14'
r
L1
17.76.
0
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D0
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43
0
(53.18') N87' 49' 24 "E
(25.03') N87' 43' 41 "E
(83.87') N87' 47' 12 "E
(73.06') N88' 01' 35 "E
(15') N87' 45' 58 "E
N87' 49' 26 "E
(239.00') N87' 45' 58 "E
(72.56')
co
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0i
N
•
L2
•
SHOPPING CENTER PLACE NO. 4
Ppp07°
R • PIN IS 0.22'
gyp'( SOUTH OF CORNER
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NO. 2435
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STORM SEWER EASEMEN
LOT 1
62324 SQ. FT.
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240.78' (240.78')
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MATCH UNE - SEE SHEET 1DRAWING MAY HAVE BEEN REDUCED
NORTH
GRAPHIC SCALE
0 50 100
1 " =50'
DESCRIPTION: LOT 2 OF LOT 2 OF LOT 2 OF WESTVIEW
SHOPPING CENTER PLACE, CITY OF DUBUQUE, IOWA AS
PLATTED ON DOC. NO. 3368 -72.
PROPRIETOR: CITY OF DUBUQUE
SURVEYED FOR: MOLO OIL COMPANY
DATE OF SURVEY: SEPTEMBER 21, 2013
NOTF
THIS SURVEY IS SUBJECT TO
EASEMENTS, RESERVATIONS,
RESTRICTIONS AND
RIGHTS -OF -WAY OF RECORD
AND NOT OF RECORD.
MATCH LINE - SEE SHEET 2
LEGEND
PROPERTY BOUNDARY •
- -- -LOT LINE
— — EASEMENT UNE
— - — CENTERUNE EASEMENT
( ) RECORDED AS
p SET 5/8" IRON REBAR WITH
ORANGE PLASTIC CAP NO. 20999
FOUND 5/8" IRON REBAR WITH
PLASTIC CAP & NO. AS NOTED
• FOUND 1" DIA. IRON PIPE
UNLESS OTHERWISE NOTED
11111UNIM,,, I HEREBY CERTIFY THAT BIS LAND SURVEYING DOCUMENT WAS PREPARED "r. °i (
0 Wq ,,,� AND THE RELATED SURVEY 6155 WAS PERFORMED BY ME OR UNDER MY
r DIRECT PERSONAL SUPERNSION AND THAT I All A DULY LICENSED LANG
., '� SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA.
JEFFREY J. =_ FOR mr. P.C.
BRANDT
LS 20999
I. AINO
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7/- 7-13 NI earrEffE4DSE3611T%6
DATE ORAYIN BNR PLAT NO. 33-IA-13
LICENSE N0. 20999 II? LICENSE RENEWAL DATE IS 12/31/2013 CHECKED .15 PROD. NO. 13720
DATE 11 -1 -13 SHEET 101 3
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6
PREPARED BY: IIW. P.G. 4155 PENNSYLVANIA AVE DUBUDUE. IOWA (563) 556 -2464
PLAT OF SURVEY
LOT 1 AND LOT 2 OF WESTVIEW SHOPPING CENTER PLACE NO. 4
MATCH LINE – SEE SHEET 1
MATCH LINE – SEE SHEET 2
r EXISTING 10' WIDE SANITARY
SEWER EASEMENT PER
BK. 35 PG. 315
AND BK. 35 PG. 288
NE CORNER OF
LOT A
NORTH FORK
TRAILS
NO CAP
\
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N85'04'23 4E 86.00' (86.36')
RED CAP
NO.12631
1.5 DIA.
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LEGEND
PROPERTY BOUNDARY
- -- -LOT LINE
— — EXISTING EASEMENT
— — EASEMENT LINE
0 SET 5/8" IRON REBAR WITH
ORANGE PLASTIC CAP NO. 20999
( ) RECORDED AS
• FOUND 5/8" IRON REBAR WITH
PLASTIC CAP & NO. AS NOTED
• FOUND 1" DIA. IRON PIPE
UNLESS OTHERWISE NOTED
\
N
60479 SQ. FT. °�
SE CORNER OF
LOT A
NORTH FORK TRAILS
YELLOW CAP NO. 4016
20.00_
86.12'
N88'27'09 "E
NOTE
THIS SURVEY IS SUBJECT TO
EASEMENTS, RESERVATIONS,
RESTRICTIONS AND
RIGHTS –OF –WAY OF RECORD
AND NOT OF RECORD.
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GRAPHIC SCALE
0 50 100
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7
Sheet 3 of 3
SURVEYOR'S CERTIFICATE
I, Jeffrey J. Brandt, 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 Wit:
Lot 2 of Lot 2 of Lot 2 of Westview Shopping Center Place, 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 1 and Lot 2 of Westview Shopping Center Place No. 4, in the City of Dubuque, Iowa,
Containing 122,803 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.
CONDITIONS OF PLATTING
The following conditions shall apply to this plat of survey of Lot 1 and Lot 2 of Westview
Shopping Center Place No. 4:
1. The proposed thirty -five foot (35') wide storm sewer easement as shown on Lot 1
of this plat of Westview Shopping Center Place No. 4, in the City of Dubuque,
Iowa, will be dedicated to the City of Dubuque, Iowa, its agents and contractors,
in perpetuity, for the purpose of accessing, constructing, re- constructing, and
maintaining a storm sewer in accordance with the plans and specifications on file
in the office of the City Engineer. Said easement shall be binding on all
subsequent property owners, their successors, heirs and assigns.
2. Following any maintenance or repair of said storm sewer, the City of Dubuque
shall restore the disturbed area to its original condition.
3. Subsequent property owners, their successors, heirs or assigns shall not erect
any structure over or within the easement area without obtaining the prior written
approval of the City Engineer.
4. Subsequent property owners, their successors, heirs and assigns bear the
financial and other responsibility for replacement or repair of pavements,
structures or any other improvements made by subsequent property owners
over, on or within the easement area arising from the maintenance or repair of
the storm sewer extension
5. Subsequent property owners, their successors, heirs and assigns shall not
change the grade, elevation, or contour or perform any construction or
excavation that will diminish the lateral support of said storm sewer without
obtaining the prior written consent of the City Engineer.
6. The City of Dubuque, its agents or contractors, shall at all times have reasonable
access to and egress from and over said real estate to maintain, remodel or
repair said storm sewer thereon or therein.
9
OWNER'S CONSENT
Dubuque, Iowa , 2013
The foregoing plat of Lot 1 and Lot 2 of Westview Shopping Center Place No. 4, 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 and hereby dedicate the easements shown and defined on this
plat.
FOR THE CITY OF DUBUQUE, IOWA
By
Roy D. Buol, Mayor
By
Kevin Firnstahl, City Clerk
State of Iowa )
) ss:
County of Dubuque )
This instrument was acknowledged before me on this day of , A.D. 2013,
by as of City of
Dubuque.
Notary Public
in and for State of Iowa
My Commission Expires:
ZONING ADVISORY COMMISSION
Dubuque, Iowa ,2013
The foregoing plat of Lot 1 and Lot 2 of Westview Shopping Center Place No. 4, in the City of
Dubuque, Iowa, has been reviewed by the Zoning Advisory Commission.
Chairperson
CITY ASSESSOR
Dubuque, Iowa ,2013
The foregoing plat of Lot 1 and Lot 2 of Westview Shopping Center Place No. 4, in the City of
Dubuque, Iowa, was entered of record in the office of the Dubuque City Assessor this day
of , 2013.
Richard A. Engelken
Dubuque City Assessor
CITY COUNCIL
Dubuque, Iowa ,2013
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 and accepted the
dedication.
Roy D. Buol
Mayor of the City of Dubuque
Kevin Firnstahl
Clerk of the City of Dubuque
COUNTY AUDITOR
Dubuque, Iowa _ 2013
The foregoing plat of Lot 1 and Lot 2 of Westview Shopping Center Place No. 4, in the City of
Dubuque, Iowa, was entered of record in the office of the Dubuque County Auditor this
day of , 2013.
We approve of the subdivision name or title to be recorded.
Denise M. Dolan
County Auditor of Dubuque, Iowa
RECORDER'S CERTIFICATE
Dubuque, Iowa ,2013
The foregoing plat of Lot 1 and Lot 2 of Westview Shopping Center Place No. 4, in the City of
Dubuque, Iowa, has been reviewed by the Dubuque County Recorder.
Kathy Flynn Thurlow
Dubuque County Recorder
THE CITY OF
DtJi
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Map Prepared by:
City of Dubuque
Engineering Division
50 West 13th Street
Dubuque, Iowa 52001
Phone: (563) 589 -4270
Fax: (563) 589 -4205
hours.
Any visual or hearing
impaired persons
needing special assis-
tance or persons with
special accessibility
should contact
ity Clerk's Office
63) 589 -4100 or
(563) 690 -6678 at
48 hours prior to
eeting.
d this 22nd day of
mber, 2013.
Kevin S. Firnstahl,
CMC, City Clerk
RESOLUTION
NO. 332-13
I RESOLUTION OF IN-
TENIF TO DISPOSE OF
AN NTEREST IN CITY
OW ED REAL PROP -
E I BY SALE TO
MOLO OIL COMPANY
W iereas, the City of
Dub Jque, Iowa (City)
owns the following real
property (the Proper -
ty): I
of 1 of Westview
Shopping Center Place
No.4, in the City of Du-
buque, Iowa; and
W iereas, City has en-
ter d into an Agree-
ment with Molo Oil
Co pany (Moto), a
cops of which is at-
tac�hed hereto, to sell
theJJ Property to Moto;
an
hereas, the City
Co ncil has tentatively
wo Id be in the best in-
dermined that it
terests of the City to
approve the Agree-
me t with Molo.
N W, THEREFORE, BE
IT RESOLVED BY THE ,
CI COUNCIL OF THE ,
CITY OF DUBUQUE, 10- ,
Section 1. The City of 1
Dubuque intends to
dis ose of an interest
in the foregoing-
bV, sale pursuant to the
ISection 2. The City
Clerk is hereby author-
iztand directed to
se• this Resolution
ari a notice to be pub- ,
liS ed as prescribed by
Iowa Code Section
364.7 of a public hear-
in1,9 on the City's intent
tOldispose of an inter-
est in the foregoing-
described real proper-
* to be held on the
C Council Chambers,
a the Historic Federal
B ilding, 350 West 6th
reet, Dubuque, Iowa.
assed, approved and
nee
the
at (I
TTY
least
the
Dat
NovE
CITY OF DUBUQUE,
IOWA
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 BY SALE
TO MOLO OIL COM-
PANY
PUBLIC NOTICE is
hereby given that the
City Council of the City
of Dubuque, Iowa, will
hold a public hearing
on the 2nd day of De-
cember, 2013, at 6:30
p.m. in the Historic
Federal Building, 350
West Sixth Street, Du-
buque, Iowa, at which
meeting the City Coun-
cil proposes to dispose
of an interest in the fol-
lowing described real
property:
Lot 1 of Westview
Shopping Center Place
No.4, in the City of Du-
buque, Iowa (west and
adjacent to 1895 John.
F. Kennedy. Road)
At the meeting, the
City Council will re-
ceive oral and written
comments from any
resident or property
owner of said City to
the above action. Writ-
ten comments'regard-
ing the above public
hearing may be sub -
mitted ' to the City
Clerk's Office on or be-
fore said time of public
. hearing.
Copies of supporting
documents for the pub-
lic hearings are on file
in the City Clerk's Of-
fice, 50 W. 13th Street,
and , may be viewed
L duririg' normal working
adopted this 18th day
of November, 2013.
Roy :D . Buol, Mayor
Attest Kevin S.
Firnstahl, City Clerk
it 11/22
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: November 22, 2013, and for which the charge is $41.18.
1
/9-ize
Subscribed to before me, Notary Public in and for Dubuque County, Iowa,
,20 /3 .
this iG z9 day of
Notary Public in and for Dubuque County, Iowa.
MARY K. WESTERi YER
Commletion "umber 154685 11
P t Cr,