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Bishop Block Notice of Intent to Dispose of Real Estate_InitiateMasterpiece on the Mississippi Dubuque band AI- America City IIIii! 2007 • 2012 • 2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Real Estate Transaction: Alley Behind Lower Main Street from Locust Street Connector to West First Street and Portion of West First Street DATE: February 18, 2014 In the late 1990s a plat was filed for Lot 1A, Lot 1B, Lot 1C, Lot 3A and Lot 3B, Block 1 of the Dubuque Harbor Company addition to the City of Dubuque. The area in question is a portion of West First Street and the alley east of Main Street from the Locust Street Connector to West First Street. The area was platted as excess land left over from the highway construction that the Department of Transportation sold to the City to be part of the development of the Bishop Block property in order for the facility to meet the necessary zoning requirements for the provision of parking. By Ordinance No. 76 -98 the City Council vacated said alley and a portion of West First Street, reserving the utility easements. Apparently, the thought process at the time the alley and portion of West First Street were vacated was that the alley would go to the abutting property owners upon vacation by operation of law. However, Assistant City Attorney Crenna Brumwell has determined this was incorrect as the street and alley were platted as separate lots. The result is that the property did not automatically go to the abutting property owners. Pursuant to an agreement among the City and the property owners in the area, by deed to Roger Murray in 2011, the City conveyed Lots 3A and 3B to Murray to effectuate a portion of the proper transfer of title. However, the disposition of Lots 1A, 1B and 1C was not completed. Prior to his retirement, former City Surveyor Ron Turner had a new plat prepared, but the plat was never approved by the Zoning Commission and City Council. In order to facilitate the 1998 intent of the City in vacating the alley and a portion of West First Street, the plat needs approval by the Zoning Commission and City Council. The plat combines Lots 1A, 1B and 1C into a single lot and all of the parcels are renamed as Lot 4A, Lot 4B and Lot 4C, Block 1 of Dubuque Harbor Company Addition to the City of Dubuque. The plat is set for the March 5, 2014 Zoning Commission meeting. Once the plat is approved, a quit claim deed from the City to Bishop's Block Limited Partnership will complete the corrective work necessary to effectuate the intent of the 1998 City Council action. Assistant City Attorney Crenna Brumwell recommends the City Council approve the "Notice of Intent" to dispose of real estate. The plat will be considered by the Zoning Commission on March 5, 2014. As approval is anticipated Crenna Brumwell further recommends City Council approval of the plat for Lot 4A, Lot 4B and Lot 4C, Block 1 of Dubuque Harbor Company Addition to the City of Dubuque, as well as disposal of the property via quit claim deed to Bishop's Block Limited Partnership be set for public hearing on the March 17, 2014 City Council Agenda. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Crenna Brumwell, Assistant City Attorney 2 THE CITY OF DUB MEMO ' /ANDUM Masterpiece on the Mississippi CRENNA M. BRUMWELL ASSISTANT CITY ATTOR To: City Manager Michael C. Van Milligen DATE: February 7, 2014 RE: Real Estate Transaction: Alley behind lower Main Street from Locust Street Connector to West First Street and portion of West First Street Background Former Assistant City Attorney Tim O'Brien and former City Surveyor Ron Turner worked on this matter for years. When Attorney O'Brien retired I took over the file. In the late 1990s a plat was filed for Lot 1A, Lot 1B, Lot 1C, Lot 3A and Lot 3B, Block 1 of the Dubuque Harbor Company addition to the City of Dubuque. The area in question is a portion of West First Street and the alley east of Main Street from the Locust Street Connector to West First Street (see Exhibit A). The area was platted as excess land left over from the highway construction that the DOT sold to the City to be part of the development of the Bishop Block property in order for the facility to meet the necessary zoning requirements for the provision of parking. By Ordinance No. 76 -98 the City Council vacated said alley and a portion of West First Street, reserving the utility easements. Apparently, the thought process at the time the alley and portion of West First Street were vacated was that the alley would go to the abutting property owners upon vacation by operation of law. However, as I have made my way through the file and obtained documents from the Dubuque County Recorder, I have determined this was incorrect as the street and alley were platted as separate lots. The result is that the property did not automatically go to the abutting property owners. Pursuant to an agreement among the City and the property owners in the area, by deed to Roger Murray in 2011, the City conveyed Lots 3A and 3B to Murray to effectuate a portion of the proper transfer of title. However, the disposition of Lots 1A, 1B and 1C was not completed. Prior to his retirement, former City Surveyor Ron Turner had a new plat prepared but the plat was never approved by the Zoning Commission and City Council. In order to OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944 TELEPHONE (563) 589 -4381 / FAx (563) 583 -1040 / EMAIL cbrumwel @cityofdubuque.org facilitate the 1998 intent of the City in vacating the alley and a portion of West First Street, the attached plat needs approval by the Zoning Commission and City Council. The plat combines Lots 1A, 1B and 1C into a single lot and all of the parcels are renamed as Lot 4A, Lot 4B and Lot 4C, Block 1 of Dubuque Harbor Company Addition to the City of Dubuque (see Exhibit B). New Lot Name Lot 4A Lot 4B Lot 4C Prior Lot Name Lots 1A, 1B and 1C Portion of Lots 1A, 3A & 3B Portion of Lot 3A The plat is set for the March 5, 2014 Zoning Commission meeting. Once the plat is approved a quit claim deed from the City to Bishop's Block Limited Partnership will complete the corrective work necessary to effectuate the intent of the 1998 City Council action. Requested Action I respectfully ask that the "Notice of Intent" to dispose of real estate (see Exhibit C) be placed on the March 3, 2014 City Council Agenda. The plat will be considered by the Zoning Commission on March 5, 2014. As approval is anticipated I would ask that the approval of the plat for Lot 4A, Lot 4B and Lot 4C, Block 1 of Dubuque Harbor Company Addition to the City of Dubuque (see Exhibit D) as well as disposal of the property (see Exhibit E) via quit claim deed to Bishop's Block Limited Partnership (see Exhibit F) be placed on the March 17, 2014 City Council Agenda. Attachments: Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Plat from late 1990s Plat from 2012 Resolution of intent to dispose of real estate Resolution approving plat Resolution disposing of real estate Quit Claim Deed to Bishop's Block Limited Partnership RESOLUTION NO. 61-14 RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN CITY OWNED REAL PROPERTY BY QUIT CLAIM DEED TO BISHOP'S BLOCK LIMITED PARTNERSHIP WHEREAS, the City of Dubuque, Iowa (City) owns the following real property (the Property): Lot 4A, Block 1 of Dubuque Harbor Company Addition to the City of Dubuque, Iowa; and WHEREAS, the City approved vacation of the area in question in 1998; and WHEREAS, the vacated property was platted as a separate lot and by operation of law the property did not automatically transfer to the abutting property owners following the vacation by the City Council; and WHEREAS, following discovery of this error a deed was given to F. Roger Murray in furtherance of the original intent of vacating the property; however, no such deed was given to Bishop's Block Limited Partnership; and WHEREAS, the property has been re -platted and a deed needs to be given to Bishop's Block Limited Partnership using the updated legal description. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the proposed disposition of real estate in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa on the 17 day of March, 2014 beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing in the form attached hereto, according to law. Passed, approved and adopted this 3rd day of March, 2014. ATTEST: Kev ' . Firnsta I, CitJerk oy D. Buol, Mayor 3636 -99 ITV ENGINEERS 6: SURVEYORS P.C. 4155 PENNSYLVANIA AVE, DUBUQUE, IOWA, (319) 556 -2464 LEGEND 99 MAR -2 PM 1154 KATHY FLYNN T'IOlO1! COUNTY RECORDER OUSUOVE&A.. I9W1: FEES PLAT OF SURVEY LOT 1A, LOT 1B, LOT 1C, LOT 3A AND LOT 3B, BLOCK 1 OF THE DUBUQUE HARBOR COMPANY ADDITION TO THE CITY OF DUBUQUE, IOWA BEING A PORTION OF WEST FIRST STREET AND BLOCK 1 OF THE DUBUQUE HARBOR COMPANY ADDITION TO THE CITY OF DUBUQUE, IOWA = 3020'45" R = 85.87' T = 23.29' L = 45.48' CND = N 37'03'27" E 44.95' 5' SAN/TARP 5E14E4 EASEMENT PER 1162 PUT S 2299'9E, Al 677609' W .16.6E ST flRStR tj ..,,`` H 1") I LOT 2 'N -C 0' NORTHERLY LINE OF THE EAST HALF OF BLOCK 1, DUBUQUE HARBOR CO. ADDITION AND SOUTHERLY ROW. UNE OF BEST FIRST ST. LOT 38 N 1/2 ID CITY LOT 532 �7 LINE IV 25' S1 /2 - -- - -- \ COT 3 CITY LOT 532 i G 3 f N 576$ N 25' CITY LOT 532A x 1301 0 0 • R.O.W. END. CUT "X" IN CONC. WALK a LOT 6A BOUNDARY PLACED 5/8" DIA. IRON ROD FOUND ROD FOUND CUT X' ON CONC. FOUNDATION RIGHT -OF -WAY NOTE.' LOT 1B AND LOT 3B ARE EXCESS I.D.O.T. RIGHT -OF -WAY PARCELS CONVEYED TO THE CITY OF DUBUQUE (PARCEL NO. 377; PROJECT NO. F -61- 8(22)-- 20 -31) I HEREBY CERTIFY THAT THE SURVEY WAS DONE AND THIS PLAT WAS RADE BY ME OR UNDER UT SUPERVISION. THAT ALL NONUUEIITS HERE PLACED OR SHALL BE PLACED WITHIN ONE YEAR FROM THE DATE 1155 FLAT IS RECORDED, MID THAT I AU A DULY REGISTERED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IONA. FOR RR ENGINEERS AND SURVEYORS. P.C. REOSTRA110N EMPIRES DECEMBER 31, 1996 '-x'54 +` + + +1 l0 IW / ▪ TRAINER • = LS. 12631 _ C ? c 96 / 12 EXP. e c• (II IIIlll +11 + +3P' G#�V1 A = 49V0'09' R = 60.00' T = 27.35' L = 51.32' C11D= S09'4101' IV 49.77' N 23'35'54' W 18.01' FOUND ROD W/ 1.0.0. T. CAP \ POINT OF BECBd11NG N.E CM, LOT 6.4 0 AREA SUMMARY #3 / °% LOT IA = 4,313 SQ. FT. LOT 19 = 1,491 SQ. FT. LOT 1C = 951 SQ. FT LOT 3A = 1,549 SQ. FT. LOT 38 = 5 S0. FT. TOTAL = 8,309 SQ. FT 40 80 PROPRIETORS, CITY OF DUBUQUE SCALE: 1 " =40' DATE DRAWN SUN CHECKED SIT 9/I9/96 SCALE I" =40' REMS10/) "W ENGINEERS - SURVEYOR,' Ic.a L:,el,. VTsco,m 41S P"v skosta ' ci.:a:.. M 620' (719) 555 -2496 PLAT NO. 104 -IA -S6 P' FIE NAVE 006- 21L1.DW4 • Sheet 2 of 3 SURVEYOR'S CERTIFICATE I, John M. Tranmer, Registered Land Surveyor in the State of Iowa, do hereby certify that the following tract of real estate was surveyed and platted by me or under my direct personal supervision, To Wit: Lot 1A, Lot 1B, Lot 1C, Lot 3A, and Lot 3B, Block 1 of the Dubuque Harbor Company Addition to the City of Dubuque, being a portion of West First Street and Block 1 of the Dubuque Harbor Company Addition to the City of Dubuque, Iowa, and being more particularly described as follows: Beginning at the Northeast Corner of Lot 6A of the west half of said Block 1 of the Dubuque Harbor Company Addition; Thence North 23 degrees 42 minutes 51 seconds West along the easterly line of said west half, 195.26 feet to a point on a curve concave to the northwest, having a radius of 85.87 feet, a central angle of 30 degrees 20 minutes 45 seconds, and whose chord bears North 37 degrees 03 minutes 27 seconds East, 44.95 feet; Thence Northeasterly, 45.48 feet along the arc of said curve; Thence South 67 degrees 16 minutes 09 seconds East, 22.99 feet along a line 25.70 feet northeasterly of (as measured at right angles) and parallel to the southerly right -of -way line of West First Street; Thence South 14 degrees 49 minutes 03 seconds East along the westerly right-of-way line of U.S. Highway 61, 179.17 feet to a point of curvature with a circular curve concave to the northwest, having a radius of 60.00 feet, a central angle of 49 degrees 00 minutes 09 seconds, and whose chord bears South 09 degrees 41 minutes 01 seconds West, 49.77 feet; Thence Southerly, 51.32 feet along said westerly right -of -way line and the arc of said curve; Thence North 23 degrees 35 minutes 54 seconds West along the easterly line of said Lot 6A, 18.01 feet to the point of beginning, containing 8,309 square feet, more or less, and subject to easements, reservations, and restrictions of record, the plat of which is attached hereto and made a part of this certificate. All monuments were placed or shall be placed within one year from the date this plat is recorded. IN WITNESS WHEREOF I have hereunto signed and affixed my seal this 19 tk " day of SEPT., (996 . IIW ENGINEERS AND SURVEYORS, P.C. ' John . Tranmer Iowa Reg. No. 12631 OWNER'S CONSENT Dubuque , Iowa November 16 ,19 98 The foregoing plat of Lot IA, Lot 1B, Lot 1C, Lot 3A, and Lot 3B, being a portion of West First Street and Block 1 of the Dubuque Harbor Company Addition to the City of Dubuque, Iowa, is made with free consent and in accordance with the desire of the undersigned owners and proprietors of said real estate. CITY OF DUBUQUE, IOW By Terra By Mary A. avis, City Clerk Sheet 3 of3 State of Iowa ) ) ss: County of Dubuque ) On this 16th day of November , 19 98 . before me, a Notary Public in and for the County of Dubuque and State of Iowa, personally appeared Terrance M. Duggan and Mary A. Davis, to me personally known who, being duly sworn did say that the said Terrance M. Duggan is Mayor and the said Mary A. Davis 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 Terrance M. Duggan and Mary A. Davis acknowledged the execution of said instrument to be the voluntary act and deed of said City of Dubuque, Iowa, b t voluntarily executed. Witness any hand and notarial seal on the date last abo Dubuque, Iowa tary Public in and for e Said County My Commission Expires CITY COUNCIL November 16 , 19 98 The undersigned, Mayor and Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing plat in the City of Dubuque, Iowa, as appears on Sheet 1 of 3 hereof, has been filed in the office of the Clerk of the City of Dubuque, and that by Resolution No. 59298 the Dubuque City Council approved said plat. Dubuque, Iowa Te : i ce M. Duggan Mayor of the City f Dubuque 2 }.fit/,L Mary A avis Clerk o the City of Dubuque COUNTY AUDITOR AARG 1 The foregoing plat was entered of record in the office of the Dubuque County Auditor this nci day of pRG N ,19� wise M .� 11aLA Count3udito of Dubuque C unty, Iowa CITY ASSESSOR Dubuque, Iowa 3. 3 19j7 The foregoing lat was entered of record in the office of the Dubuque City Assessor this 3 day of ,u_4_ , 191 ,a o City Assessor of Dubuque, Iowa PLANNING SERVICES Dubuque, Iowa Sheet 3A of 3 wet Ved 6 , ias The foregoing plat of Lot 1A, Lot 1B, Lot 1C, Lot 3A, and Lot 3B, being a portion of West First Street and Block 1 of the Dubuque Harbor Company Addition to the City of Dubuque, Iowa, in the City of Dubuque, Iowa, or within the two mile jurisdiction of the City of Dubuque, Iowa, as defined under Section 354 of the Code of Iowa, has been reviewed by the City Planner, (or designee) of the City of Dubuque in accordance with Chapter 42 of the City of Dubuque Code of Ordinances, and said approval has been endorsed herein on the date first written above. l AuYtA C'1lfLs S Planning Services Division City of Dubuque, Iowa City Planner PREPARED BY: IIW, P.C. 4155 PENNSYLVANIA AVE DUBUQUE, IOWA (563) 556 -2464 FINAL PLAT LOT 4A, LOT 4B, AND LOT 4C, BLOCK 1 OF DUBUQUE HARBOR COMPANY ADDITION TO THE CITY OF DUBUQUE, IOWA 1 o o IA cz- F\R C) EX. 5' SANITARY SEWER EASEMENT \ips LO �N VOA I 2 u; G\t� o��� N. / -- i2532 '�o Qs ,4O /� I °° �ZP \ z / S Lp 532 o 253 `DLP \ / ' I U \CSC !° \ N\ p 532 1 W / 1 cr \ 5 2'I X32 �0� \ 2 v - o -73 (11,1A Oj6P �� / \ �RF.0 \ NORTH \\ Gvs� G� \ON \ GRAPHIC SCALE �/ \,OGG�\\.\E 0 40 0 pj 5 SEE SHEET 2 FOR LEGEND AND NOTES SEE DETAIL ON SHEET 2 ALUM DOT CAP LINE, BEARING L1 S67'18'11 "E 22.97' (22.99') L2 N23'35'38 "W 18.01' L= 51.32' R= 60.00' 49'00'08" CHORD= S09 '41 '1 8"W 49.77' _,,111naIllllum111, DIST. 80 1" = 40' DRAWING MAY HAVE BEEN REDUCED "11Yannunu,,, ° 0 Wq /' r, 11111111j'I JOHN M. 3 TRANMER LS 12631 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 UCENSEO LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. UCENSE NO. 12631 1/3)2_. DA MY UCENSE RENEWAL DATE IS 12/31/2012 PAGES OR SHEETS COVERED BY THIS SEAL SHEETS 1 THRU 3 11W IYTEGRiTYDPERTISESOIUTIONS ARVETECTIJ. Cfil EN.NEE ccr:SrRLCTo.4 SERss s Eh. RONoZNr . ET:.,..a , 3 LAND SUTVFM+3 1.11.3:40AL LAT NO. 72 —IA -11 CHECKED JUT PROJ. NO. 11728 DATE 01 -03 -12 SHEET 1 of 3 P: \1I \700 \728 \DRAINSGS \SURVEY \117261_ PREPARED BY: IIW, P.C. 4155 PENNSYLVANIA AVE DUBUQUE, IOWA (563) 556 -2464 FINAL PLAT LOT 4A, LOT 4B, AND LOT 4C, BLOCK 1 OF DUBUQUE HARBOR COMPANY ADDITION TO THE CITY OF DUBUQUE, IOWA CAP NO. 12631 c■ AREA SUMMARY LOT 4A 6,153 SQ. FT. LOT 4B 822 SQ. FT. LOT 4C 1,334 SQ. FT. TOTAL 8,309 SQ. FT. NOTE THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS —OF —WAY OF RECORD AND NOT OF RECORD. DESCRIPTION: LOT 1A, LOT 18, LOT 1C, LOT 3A, AND LOT 38, BLOCK 1 OF DUBUQUE HARBOR COMPANY ADDITION TO THE CITY OF DUBUQUE, IOWA PROPRIETOR OF LOT 1A, LOT 1B, & LOT 1C: CITY OF PROPRIETOR OF LOT 3A & 3B: F. ROGER MURRAY LEGEN D PLAT BOUNDARY FOUND 5/8" IRON ROD W/ CAP NO. 4016 UNLESS NOTED FOUND CUT "X" SET 5/8" IRON ROD W/ ED CAP NO, 12631 SET CUT "X" RIGHT —OF —WAY RECORD INFORMATION ■ 0 ROW ( } SURVEYED FOR: CITY OF DUBUQUE DATE OF SURVEY: AUGUST 16, 2011 DETAIL NO SCALE DUBUQUE 1W, P.C. ii INT EGCITY.E}PERTISESOIUTIOt'S ARC ,ilEGN UAL GJ._:,cSRk. CMS R CI.N SE,.9 En',ONI.eiTai En'G.tiE 3 LA, SUWEVNO IA'I,CPPL O,CPE€RNS 9TP1CRaAL E.,'GINEM,3 •PA,9POiTAT10Y E,tvEE+.Y. LA RAY. PAR, rLgI NU. /Z —IA -11 CHECKED JMT PROD. NO. 11728 DATE 01 -03 -12 SHEET 2 of 3 P: \11 \700 \728 \ORAW.NGS \SURVEY\117281 Sheet 3 of 3 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 Wit: Lot IA, Lot 1B, Lot IC, Lot 3A, and Lot 3B, Block I of Dubuque Harbor Company Addition to 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 4A, Lot 4B, and Lot 4C, Block 1 of Dubuque Harbor Company Addition to the City of Dubuque, Iowa. Containing 8,309 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 4A, Lot 4B, and Lot 4C, Block I of Dubuque Harbor Company Addition to 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 Kevin S. Firnstahl, City Clerk State of Iowa ) ) ss: County of Dubuque ) On this day of , 20J before me, a Notary Public in and for the County of Dubuque and State of Iowa, personally appeared Roy D. Buol and Kevin S. Fimstahl, to me personally known who, being duly sworn did say that the said Roy D. Buol is Mayor and the said Kevin S. Firnstahl 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 Kevin S. Firnstahl 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 of Iowa 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 Kevin S. Firnstahl Clerk of the City of Dubuque OWNER'S CONSENT , Iowa , 20 The foregoing plat of Lot 4A, Lot 4B, and Lot 4C, Block 1 of Dubuque Harbor Company Addition to 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. By 4.9 Li F. Roger Murray State of Iowa ) ) ss: County of ) On this 24 day of Jpnua , A.D. 20114 , before me, a Notary Public in and for said state, personally appeared F.ikt jr Murrai to me known to be the persons named in and who ?sixecuted the for(oing instrument, and acknowledged that they executed the same as their voluntary act and deed. ,:✓ ∎. l'q'tt i4. Gait ` L v. mttsston !ltrnt r 7 t;Car..ar.E.' .4. 1►A►.11� ...41 Ili .•..... Nota ■ Public pu the State o ti 013 My Commission Expires ic COUNTY TREASURER Dubuque, Iowa , 20 I, the undersigned, Eric Stierman, Treasurer of Dubuque County, Iowa, do hereby certify that all taxes levied against Lot IA, Lot 1B, Lot 1C, Lot 3A, and Lot 3B, Block 1 of Dubuque Harbor Company Addition to the City of Dubuque, Iowa have been paid and said real estate is free and clear of all taxes as of this date. Eric Stierman Dubuque County Treasurer ATTORNEY'S OPINION Dubuque, Iowa , 20 TO WHOM IT MAY CONCERN This will certify that I have examined the abstract of title covering Lot IA, Lot 1B, Lot 1C, Lot 3A, and Lot 3B, Block 1 of Dubuque Harbor Company Addition to the City of Dubuque, Iowa according to the plats thereof covering the period from government entry to certified on that date by and find that said abstract shows good and merchantable title to said real estate in free and clear of all liens and encumbrances and shows taxes paid including taxes for the year Attorney At Law CITY ZONING COMMISSION Dubuque, Iowa , 20 The foregoing plat in the City of Dubuque, Iowa, is hereby approved by the City of Dubuque Zoning Commission and approval of said plat by the City Council of the City of Dubuque, Iowa, is hereby recommended. Chairman, Dubuque Zoning Commission COUNTY AUDITOR Dubuque, Iowa , 20 The foregoing plat was entered of record in the office of the Dubuque County Auditor this day of • , 20 . We approve of the subdivision name or title to be recorded. Denise M. Dolan County Auditor of Dubuque, Iowa 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 4A, Lot 4B, and Lot 4C, Block I of Dubuque Harbor Company Addition to the City of Dubuque, Iowa has been reviewed by the Dubuque County Recorder. Kathy Flynn Thurlow Dubuque County Recorder RESOLUTION NO. -14 RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN CITY OWNED REAL PROPERTY BY QUIT CLAIM DEED TO BISHOP'S BLOCK LIMITED PARTNERSHIP WHEREAS, the City of Dubuque, Iowa (City) owns the following real property (the Property): ; and Lot 4A, Block 1 of Dubuque Harbor Company Addition to the City of Dubuque, Iowa WHEREAS, the City approved vacation of the area in question in 1998; and WHEREAS, the vacated property was platted as a separate lot and by operation of law the property did not automatically transfer to the abutting property owners following the vacation by the City Council; and WHEREAS, following discovery of this error a deed was given to F. Roger Murray in furtherance of the original intent of vacating the property; however, no such deed was given to Bishop's Block Limited Partnership; and WHEREAS, the property has been re- platted and a deed needs to be given to Bishop's Block Limited Partnership using the updated legal description. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the proposed disposition of real estate in the City Council Chambers at the Historic Federal Building, 350 W. 6t" Street, Dubuque, Iowa on the day of , 2014 beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing in the form attached hereto, according to law. Passed, approved and adopted this day of , 2014. Roy D. Buol, Mayor ATTEST: Kevin S. Firnstahl, City Clerk RESOLUTION NO. -14 RESOLUTION APPROVING PLAT OF SURVEY OF LOT 4A, LOT 4B, AND LOT 4C, BLOCK 1 OF DUBUQUE HARBOR COMPANY ADDITION TO THE CITY OF DUBUQUE, IOWA, DUBUQUE COUNTY, IOWA WHEREAS, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 3rd day of January, 2012, prepared by IIW, P.C., dividing Lot 1A, Lot 1B, Lot 1C, Lot 3A, and Lot 3B, Block 1 of Dubuque Harbor Company Addition to the City of Dubuque, Iowa to be hereinafter known as Lot 4A, Lot 4B, and Lot 4C, Block 1 of Dubuque Harbor Company Addition to the City of Dubuque, 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 3rd day of January, 2012, prepared by IIW, P.C. 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 day of , 2014. Roy D. Buol, Mayor ATTEST: Kevin S. Firnstahl, City Clerk RESOLUTION NO. -14 RESOLUTION DISPOSING OF AN INTEREST IN CITY OWNED REAL PROPERTY BY QUIT CLAIM DEED TO BISHOP'S BLOCK LIMITED PARTNERSHIP WHEREAS, the City of Dubuque, Iowa (City) owns the following real property (the Property): Lot 4A, Block 1 of Dubuque Harbor Company Addition to the City of Dubuque, Iowa ; and WHEREAS, the City approved vacation of the area in question in 1998 by Ordinance 76 -98; and WHEREAS, the vacated property was platted as a separate lot and by operation of law the property did not automatically transfer to the abutting property owners following the vacation by the City Council; and WHEREAS, following discovery of this error a deed was given to F. Roger Murray in furtherance of the original intent of vacating the property; however, no such deed was given to Bishop's Block Limited Partnership; and WHEREAS, the property has been re- platted and a deed needs to be given to Bishop's Block Limited Partnership using the updated legal description; and WHEREAS, on the day of , 2014, the City Council pursuant to notice published as required by law, held a public hearing on its intent to dispose of the Property to Bishop's Block Limited Partnership, and overruled all objections thereto; and WHEREAS, the City Council finds that it is in the best interest of the City to approve the transaction of the Property to Bishop's Block Limited Partnership. 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 transfer of the property via quit claim deed attached hereto to Bishop's Block Limited Partnership. Section 2. The Mayor is hereby authorized and directed to execute a quit claim deed conveying the City's interest to Bishop's Block Limited Partnership. Passed, approved and adopted this day of , 2014. Roy D. Buol, Mayor ATTEST: Kevin S. Firnstahl, City Clerk CI A:0 Preparer Information: (Name, address and phone number) Crenna M. Brumwell 300 Main Street, Suite 330 Dubuque, IA 52001 (563) 589 -4381 QUIT CLAIM DEED THE IOWA STATE BAR ASSOCIATION Official Form #106 Recorder's Cover Sheet Taxpayer Information: (Name and complete address) Bishop's Block Limited Partnership 90 Main Street Dubuque, IA 52001 Return Document To: (Name and complete address) Bishop's Block Limited Partnership 90 Main Street Dubuque, IA 52001 Grantors: Roy D. Buol, Mayor Kevin S. Firnstahl, City Clerk, CMC Grantees: Bishop's Block Limited Partnership Legal description:See Page 2 Document or instrument number of previously recorded documents: ® The Iowa State Bar Association 2005 IOWADOCSS THE IOWA l Form No. 106 BAR ASSOCIATION Official Crenna M. Brumwell ISBA #000018268 FOR THIS FORM, CONSULT YOUR LAWYER 5TATL , 1, For the consideration City of Dubuque, Iowa QUIT CLAIM DEED of One ($1.00) Dollar(s) and other valuable consideration, do hereby Quit Claim to Bishop's Block Limited Partnership all our right, title, interest, estate, County, Iowa: claim and demand in the following Lot 4A, Block 1 of Dubuque Excepting and reserving to and repair of municipal and maintenance of abutting buildings, portions of the property. This easements shall be exercised property for parking. The consideration for this By authority of Resolution Each of the undersigned to the real estate. Words and singular or plural number, and described real estate in Dubuque Harbor Company Addition to the City of Dubuque, Iowa Grantor, it successors and assigns an easement for installation, maintenance other public utility systems, a public easement for access and for repair and and an easement for grass cutting and landscaping on non -paved shall be appurtenant to and run with the abutting property. These in a fashion so as to not materially interfere with Grantees use of the deed is less then $10.00. 562 -98 adopted December 7, 1998. hereby relinquishes all rights of dower, homestead and distributive share in and phrases herein, including acknowledgment hereof, shall be construed as in the as masculine or feminine gender, according to the context. Dated: Roy D. Buol, Mayor (Grantor) Kevin S. Firnstahl, City Clerk, CMC (Grantor) (Grantor) (Grantor) (Grantor) STATE OF Iowa , COUNTY OF Dubugtae (Grantor) , by This instrument was acknowledged before me on , Notary Public © The Iowa State Bar Association 2007 Quit Claim Deed IDWADOCSS Revised January 2005 INDIVIDUAL NOTARY STATE OF COUNTY OF This instrument was acknowledged before me on , by , Notary Public STATE OF , COUNTY OF This instrument was acknowledged before me on by STATE OF COUNTY OF , Notary Public This instrument was acknowledged before me on , by , Notary Public STATE OF , COUNTY OF This instrument was acknowledged before me on by , Notary Public STATE OF , COUNTY OF This instrument was acknowledged before me on _ , by , Notary Public CORPORATE NOTARY STATE OF , COUNTY OF This instrument was acknowledged before me on , by as of , Notary Public STATE OF , COUNTY OF This instrument was acknowledged before me on , by as of , Notary Public STATE OF COUNTY OF This instrument was acknowledged before me on , by as of , Notary Public STATE OF , COUNTY OF This instrument was acknowledged before me on , by as of , Notary Public sT41 Alt' ,4 QUIT CLAIM DEED 2 N THE IOWA STATE BAR ASSOCIATION Official Form #106 7 . Recorder's Cover Sheet SOCIia Preparer Information: (Name, address and phone number) Crenna M. Brumwell 300 Main Street, Suite 330 Dubuque, IA 52001 (563) 589 -4381 Taxpayer Information: (Name and complete address) Bishop's Block Limited Partnership 90 Main Street Dubuque, IA 52001 Return Document To: (Name and complete address) Bishop's Block Limited Partnership 90 Main Street Dubuque, IA 52001 Grantors: Roy D. Buol, Mayor Kevin S. Firnstahl, City Clerk, CMC Grantees: Bishop's Block Limited Partnership Legal description:See Page 2 Document or instrument number of previously recorded documents: ® The Iowa State Bar Association 2005 IOWADOCS© OTHE fficial BAR ASSOCIATION fcia Form No. Crenna M. Brumwel l ISBA #000018268 FOR THIS FORM, CONSULT YOUR LAWYER STAJ S.' ' For the consideration City of Dubuque, Iowa QUIT CLAIM DEED of One ($1.00) Dollar(s) and other valuable consideration, do hereby Quit Claim to Bishop's Block Limited Partnership all our right, title, interest, estate, County, Iowa: claim and demand in the following Lot 4A, Block 1 of Dubuque Excepting and reserving to and repair of municipal and maintenance of abutting buildings, portions of the property. This easements shall be exercised property for parking. The consideration for this deed By authority of Resolution Each of the undersigned to the real estate. Words and singular or plural number, and described real estate in Dubuque Harbor Company Addition to the City of Dubuque, Iowa Grantor, it successors and assigns an easement for installation, maintenance other public utility systems, a public easement for access and for repair and and an easement for grass cutting and landscaping on non -paved shall be appurtenant to and run with the abutting property. These in a fashion so as to not materially interfere with Grantees use of the is less then $10.00. 562 -98 adopted December 7, 1998. hereby relinquishes all rights of dower, homestead and distributive share in and phrases herein, including acknowledgment hereof, shall be construed as in the as masculine or feminine gender, according to the context. Dated: Roy D. Buol, Mayor (Grantor) Kevin S. Firnstahl, City Clerk, CMC (Grantor) (Grantor) (Grantor) (Grantor) STATE OF Iowa , COUNTY OF Dubuque (Grantor) by This instrument was acknowledged before me on , Notary Public m The Iowa State Bar Association 2007 Quit Claim Deed 10WADOCSS Revised January 2005 INDIVIDUAL NOTARY STATE OF , COUNTY OF This instrument was acknowledged before me on , by , Notary Public STATE OF , COUNTY OF This instrument was acknowledged before me on , by , Notary Public STATE OF , COUNTY OF This instrument was acknowledged before me on , by , Notary Public STATE OF , COUNTY OF This instrument was acknowledged before me on , by , Notary Public STATE OF , COUNTY OF This instrument was acknowledged before me on , by , Notary Public CORPORATE NOTARY STATE OF , COUNTY OF This instrument was acknowledged before me on , by as of , Notary Public STATE OF , COUNTY OF This instrument was acknowledged before me on , by as of , Notary Public STATE OF , COUNTY OF This instrument was acknowledged before me on , by as of , Notary Public STATE OF , COUNTY OF This instrument was acknowledged before me on by as of , Notary Public