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Property Acquisition_460 E. 18th Street_Bee Branch Creek RestorationTHE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Bee Branch Creek Restoration Project, Property Acquisitions DATE: March 10, 2014 Dubuque band AI -America City r 2007 • 2012 • 2013 City Engineer Gus Psihoyos recommends City Council approval to acquire 460 E. 18th Street for the appraised value of $290,000 from Phillip L. Mihalakis and Steven M. Lampe, partners in Marde Enterprises. This purchase is part of the acquisition program associated with the Bee Branch Creek Restoration Project. Purchase of this property will provide an off-street connection between the 26 -mile Heritage Trail and the City's 14 -mile Mississippi Riverfront trail system. I concur with the recommendation and respectfully request Mayor and City Council approval. 7- Mic ael C. Van Milligen 1,,i1144 .., 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 TO: Michael C. Van Milligan, City Mana er FROM: Gus Psihoyos, City Engineer . DATE: March 7, 2014 SUBJECT: Bee Branch Creek Restoration Project, Property Acquisitions Dubuque karad All -America City 1111 .1► 2007 • 2012 • 2013 INTRODUCTION The purpose of this memorandum is to seek authorization to acquire 460 E. 18th Street, Dubuque, Iowa (the Property) for the Bee Branch Creek Restoration Project. BACKGROUND In December of 2001, the City Council formally adopted the Drainage Basin Master Plan prepared by HDR Engineering, Inc. (Omaha, Nebraska). Based on the study, approximately 1,150 homes and businesses in the Bee Branch Watershed are at risk of flood damage. In December of 2004, the City Council adopted the alignment of the Bee Branch Creek Restoration Project based on the work and recommendation of the Bee Branch Citizen Advisory Committee. The adopted alignment crossed the railroad yard at 506 Garfield Avenue now owned by Canadian Pacific. In April of 2011, the City Council approved and authorized the execution of the River Enhancement Community Attraction and Tourism (RECAT) grant agreement for improvements associated with the Bee Branch Creek Restoration Project. In September of 2013, the City Council adopted Resolution 291-13 amending the alignment of the Bee Branch Creek Restoration Project in the vicinity of Garfield Avenue. The alignment was modified to prevent the railroad's permanent Toss of their yard office, their temporary loss of various tracks during construction of the City's project, and the operation of trains over a new bridge. DISCUSSION As outlined in the 2004 Bee Branch Creek Alignment Study, and reflected in the City's application for funding through the River Enhancement Community Attraction and Tourism (RECAT) grant program, the intent was to build a bridge to pass the Bee Branch Creek and a combination hike/bike/maintenance path under the Canadian Pacific railroad tracks at 506 Garfield Ave. But due to the disruption that bridge construction would impose on the operation of the railroad, the design and alignment was modified. The project now involves installing culverts under the railroad tracks using tunneling methodology. Unfortunately, the switch from a bridge to multiple buried culverts precludes connecting the proposed hike/bike/maintenance path associated with the Upper Bee Branch to the hike/bike/maintenance path installed as part of the Lower Bee Branch. Therefore, in order to provide an off-street connection between the 26 -mile Heritage Trail and the City's 14 -mile Mississippi Riverfront trail system a different approach is necessary. One option involves an overpass over the railroad tracks. Depending on design considerations, the approximate cost would be between $4 million and $5 million. A second option involves finding another route from Garfield Avenue to the existing railroad crossing on 16th Street. The owners of 460 E. 18th Street approached the City asking if the City had any interest in purchasing their property. The property location is shown in Exhibit A. And as it turns out, the property represents the most viable property for locating the necessary hike/bike path connection as reflected in Exhibit B. The owners have agreed to sell the property for the appraised value of $290,000.00. Enclosed are the Offer to Buy Real Estate and Acceptance (the Offer) signed by Phillip L. Mihalakis and Steven M. Lampe, partners in Marde Enterprises, and the proposed Resolution approving the Offer to Buy Real Estate and Acceptance. RECOMMENDATION I recommend acquiring 460 E. 18th Street per the terms outlined in the attached Offer to Buy Real Estate and Acceptance for the Bee Branch Creek Restoration Project. BUDGET IMPACT The acquisition will be funded through the FY2013 Capital Improvement Program Budget appropriation of $2,723,388 for Bee Branch Creek Restoration property acquisitions. REQUESTED ACTION I respectfully request that the City Council adopt the attached Resolution approving the Offer and authorizing acceptance of the Warranty Deed and any other related steps necessary to carry out the terms of the Offer. Attach. Cc: Barry Lindahl, City Attorney Jenny Larson, Budget Director Steve Brown, Project Manager Deron Muehring, Civil Engineer 2 RESOLUTION NO. 74-14 RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY PHIL L. MIHALAKIS AND STEVEN M. LAMPE, D/B/A MARDE ENTERPRISES, IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain real estate located immediately adjacent to the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001 "Drainage Basin Master Plan" as amended in 2013; and Whereas, this certain real estate is not currently part of or located within the Bee Branch Creek Restoration Project; and Whereas, the owners of this certain real estate approached the City of Dubuque voluntarily and proposed that the City of Dubuque acquire the property for possible future addition to, but not currently as part of, the Bee Branch Creek Restoration Project; and Whereas, the 2008 Dubuque Comprehensive Plan's Transportation Goals calls for the establishment of improved hike and bike routes in the City to encourage alternative modes of transportation; and Whereas, the acquisition of the property would provide space for the construction of a hike/bike path connection between the 26 -mile Heritage Trail and the City's 14 -mile Mississippi Riverfront trail system; and Whereas, the acquisition of this real estate is a voluntarily negotiated purchase by the City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acquisition by the City of Dubuque through its exercise of the power of eminent domain under Chapter 6B of the Code of Iowa; and Whereas, a purchase agreement has been finalized with the owners of the real estate scheduled for acquisition and an Acknowledgment of Voluntary Negotiation has been executed by the owner. NOW,. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa hereby approves the acquisition of the following legally described real estate: LOT 1 of Marde Place at the cost of Two Hundred Ninety Thousand and 00/100 Dollars ($290,000.00). Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty Deed from the owners, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 17th daypf March, 2014. Roy D. BMayor Attest: Kev S. irnstahl, City Jerk ExhibitA Bee Branch Creek Restoration Project Property Acquisition Address: 460 E. 18th Street Legal Description: Lot 1 of Marde Place Hike/Bike Path Alternatives O tion# - -�.,..,�..,....,,..,,_.�.-,._,,...,,,,,, �-! i . _ . - j•! .i i • i j 1 1 -76 �1 � i i �1.1.1. • i `• 1 ` •'`. 1 '1597 `tea ._._._._._._.1 LJ. •—•_._Amer . ' . i l540''!: ......_....._._.__________4 i 508 It F . % i -PINE S7 • 1800. R,L._•.• .LYI3Ilnaa......... .....,••uuvu••..X147, - 0 74� 1 1 1 1760 j DISCLAIMER: This information was npiled sing the Dubuque Area Geographic. Ir- _nmation System (DAGIS), which includes data created both the City of Dubuque and Dubuque County. It is u.. ierstood that, while the City of Dubuque and participating jendes utilized the most current and accurate information :isilable, DAGIS and its suppliers do not warrant the accum.. ncy of the information or data contained herein. The Oty and participating agencies shall not be held liable for any direct, indirect, incidental, unsequential, 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. Map Prepared by: City of Dubuque Engineering Department 50 West 13th Street Dubuque, Iowa 52001 Phone: (563) 589-4270 Fax: (563) 589-4205 OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: Marde Enterprises, Seller: SECTION 1. REAL ESTATE DESCRIPTION. The City of Dubuque, Iowa (Buyer) offers to buy real estate in Dubuque County, Iowa, described as follows: Lot 1, Marde Place legal description to be confirmed per continued abstract per Section 7, with any easements and appurtenant servient estates, but subject to the following: a. any zoning and other ordinances; b. any covenants of record; c. any easements of record for public utilities, roads and highways designated the Real Estate. SECTION 2. PRICE. The purchase price shall be payable to Seller in cash at closing as follows: $290,000.00 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 to the date of closing. Buyer shall pay all subsequent real estate taxes. Any proration of real estate taxes on the Real Estate shall be based upon such taxes for the year currently payable unless the parties state otherwise. SECTION 4. SPECIAL ASSESSMENTS. Seller shall pay all special assessments, if any, which are a lien as of the date of closing. SECTION 5. POSSESSION. Subject to the conditions in Section 14, , possession of the Real Estate shall be delivered to Buyer on or before May 21, 2014, or such other date as the parties may agree in writing. SECTION 6. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. SECTION 7. ABSTRACT AND TITLE. Seller, at its expense, shall promptly obtain an abstract of title to the Real Estate continued through the date of acceptance of this offer, and deliver it to Buyer for examination. It shall show merchantable title in Seller in conformity with this agreement, 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 8. DEED. Upon payment of the purchase price, Seller shall convey the Real Estate to Buyer, by 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 021014ba1 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 9. TIME IS OF THE ESSENCE. Time is of the essence in this contract. SECTION 10. REMEDIES OF THE PARTIES. 10.1 If Buyer fails to timely perform this contract, Seller may forfeit it as provided in the Iowa Code, and all payments made shall be forfeited or, at Seller's option, upon thirty days written notice of intention to accelerate the payment of the entire balance because of such failure (during which thirty days such failure is not corrected) Seller may declare the entire balance immediately due and payable. Thereafter this contract may be foreclosed in equity and the Court may appoint a receiver. 10.2 If Seller fails to timely perform this contract, Buyer has the right to have all payments made returned to it. 10.3 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. SECTION 11. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply to and bind the successors in interest of the parties. SECTION 12. 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 13. TIME FOR ACCEPTANCE. If this offer is not accepted by Seller on or before March 7, 2014, it shall become void and all payments shall be repaid to the Buyer. SECTION 14. OTHER PROVISIONS. 14.1 The Offer is subject to final approval of the City Council of the City of Dubuque, Iowa in its sole discretion. 14.2 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 2 governmental agencies and utility companies, etc. and to make such feasibility studies and analyses as Buyer considers appropriate. 14.3 Seller warrants that at 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. 14.4 Until thirty (30) days after Acceptance by both parties, Buyer shall have the right to terminate this agreement if environmental conditions exist on the Real Estate if Buyer determines in its sole discretion that such conditions must be remediated. 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. Dated: CITY OF DUBUQUE, IOWA, BUYER By: MichaI C. Van Milligen City Manager 3 THIS OFFER IS ACCEPTED: Dated: — 3 MARDE ENTERPRISES THE CITY OF DUB Masterpiece on the Mississippi MEMORANDUM MAUREEN A. QUANN, ESQ. ASSISTANT CITY ATTORNEY To: Kevin Firnstahl City Clerk DATE: December 3, 2014 RE: Bee Branch Property - Marde Enterprises — 460 East 18th Street Kevin: Attached are the following original documents recorded on November 19, 2014 relating to the above -referenced subject: 1. Release of Mortgage; 2. Warranty Deed & Resolution No. 74-14; 3. Groundwater Hazard Statement. I will retain a copy in my file. Thank you. MAQ:tls Attachment cc: Deron Muehring, Civil Engineer II F:\USERS\Mquann\Bee Branch Property Acquisitions\Marde Enterprises 460 East 18th Street\Firnstahl_OriginalRecordedDocs_120314.doc 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 mquann@cityofdubuque.org 11 111111 11 11 11 Y Doc ID' 008144180001 Type: GEN Kind: RELEASE OF MORTGAGE Recorded: 11/19/2014 at 02:26:41 PM Fee Amt: $7.00 Pape 1 of 1 Dubuque County Iowa Kathy Flynn Thurlow Recorder Fi1e2014-00013072 Prepared by/Return to: Lisa Sommer, Dupaco Community Credit Union, P.O. Box 179 Dubuque, IA 52004 (563)557-7600 Ext 2265. RELEASE OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That a certain Mortgage, dated the 1st day of October, A.D., 2008, executed between Marde Enterprises an IA Partnership. and Dupaco Community Credit Union and recorded on the 6th day of October, 2008 as File #2008-00014128 of Dubuque County, Iowa, is hereby released this 10t day of October, A.D., 2014. Address: 460 East 18th St, Dubuque, IA Legal: Lot 1 of Part of the East 35 feet of Lot 229, Lot 230, Lot 231, and Lot 2 of the West 65 feet of Lot 229, in "East Dubuque", an Addition in the City of Dubuque, Iowa according to the recorded plats thereof Lot 227A and Lot 231A of East Dubuque Addition in the City of Dubuque, Iowa, according to the recorded Plat thereof STATE OF Iowa County of Dubuque ) SS: ) BY: #► if AAU John Kop Senior Vi'e PrI 1dent B► ss Development On this 10th day of October, 2014, before me, a Notary Public in and for the State of Iowa, personally appeared John Koppes, who being first duly sworn, did say that he is Senior Vice President, Business Development, with Dupaco Community Credit Union; that no seal has been procured by said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the execution of this instrument was the voluntary act and deed of said corporation, by it voluntarily executed. Notary Public in and for said county and state 45""44. BRADLEY KEMP :� Commission Number 762836 My£ f 3 o �°i aures C it C�1 Warranty Deed (Corporate/Business Entity Grantor) THE IOWA STATE BAR ASSOCIATION Official Form #335 Recorder's Cover Sheet 1111111 II 111 1111111111111111 1111111 111111111111111111111111 Doc ID008144190006 Type GEN Kind DEED WITH RESOLUTION Recorded: 11/19/2014 at 02:28:30 PM Fee Amt: $500.20 Page 1 of 6 Revenue Tax: $463.20 Dubuque County Iowa Kathy Flynn Thurlow Recorder File2014-00013073 Preparer Information: (Name, address and phone number) Maureen A. Quann 300 Main Street, Suite 330, Dubuque, Iowa 52001 (563) 589-4381 Taxpayer Information: (Name and complete address) City of Dubuque, Iowa 50 West 13th Street Dubuque, Iowa 52001 Return Document To: (Name and complete address) Maureen A. Quann 300 Main Street, Suite 330, Dubuque, Iowa 52001 (563) 589-4381 Grantors: Grantees: Marde Enterprises, an Iowa Partnership City of Dubuque, Iowa Legal description: See Page 2 Document or instrument number of previously recorded documents: "0 The Iowa State Bar Association 2005 IOVVADOCSO �HE IOWA STATE BAR ASSOCIATION , Official Form No, zn Maureen A. Quann FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER .:;' ` / \ 0 '''i "cxx~ valuable / \ ` -- For the consideration consideration, Marde Warranty Deed (Corporate/Business Entity Grantor) of one Dollar(s) and other Enterprises . a(n) the laws partnership organized and exsting under of Dubuque. Iowa of Iowa does hereby Convey to the City the following described in the City of Dubuque, covenants with gnantees, that it has good and clear of all liens and Defend the real estate herein, including acknowledgment to the oontext. ~�� 1wYy = ~` «�_' real estate in Dubuque County, |owa: Lo estate the real covenants may gular Dated: STATE by Philli ARDE PLACE The grantor hereby by title in fee simple; estate is free and to Warrant and be above stated. Words and phrases or plural number, according � m�/��w�� - - ' Iowa, according to the recorded and successors in interest, lawful authority to sell and convey encumbrances, except as may against the lawful claims of hereof, shall be MundeEnteg?hmou Plat thereof that it holds the real the real estate; that be above stated; and it all persons, except as construed as in the sin- ` , . OF IOWA COUNTY[)F ,' a(n) TOWa P Euwz,ip . .^ _ .~. By Steven M.l.aozpo. Partner �`/X "~ . Uu Thionecnndvvonacknnvoedgedhefoneneonthi L. Nlibuakis � oyc�~� ^-�~~8��°r—' as Partner of Marde Enterprises, an Iowa Partnership ' •rast Commission Number 125603 Ny Commm�pM�.1�2�6 Sgn~"e 7tarY PubUc ,g) The low°State Bar Association 2013 335 WARRANTY 0550 (CORPORATE/EUStNESS ENTtTY 0550) STATE OF Iowa , COUNTY OF Dubuque This record was acknowledged before me this • day of OdOef by Steven M. Lampe as Partner of Marde Enterprises, an Iowa Partnership ANGELA DEMMER Commission Number 732857 MY COMMS101,N EXPIRES A/rain Signature of Notary Public STATE OF , COUNTY OF This record was acknowledged before me this day of by as of Signature of Notary Public STATE OF , COUNTY OF This record was acknowledged before me this day of by as of Signature of Notary Public RESOLUTION NO. 74-14 RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY PHIL L. MIHALAKIS AND STEVEN M. LAMPE, D/B/A MARDE ENTERPRISES, IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain real estate located immediately adjacent to the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001 "Drainage Basin Master Plan" as amended in 2013; and Whereas, this certain real estate is not currently part of or located within the Bee Branch Creek Restoration Project; and Whereas, the owners of this certain real estate approached the City of Dubuque voluntarily and proposed that the City of Dubuque acquire the property for possible future addition to, but not currently as part of, the Bee Branch Creek Restoration Project; and Whereas, the 2008 Dubuque Comprehensive Plan's Transportation Goals calls for the establishment of improved hike and bike routes in the City to encourage alternative modes of transportation; and. Whereas, the acquisition of the property would provide space for the construction of a hike/bike path connection between the 26 -mile Heritage Trail and the City's 14 -mile Mississippi Riverfront trail system; and Whereas, the acquisition of this real estate is a voluntarily negotiated purchase by the City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acquisition by the City of Dubuque through its exercise of the power of eminent domain under Chapter 6B of the Code of Iowa; and Whereas, a purchase agreement has been finalized with the owners of the real estate scheduled for acquisition and an Acknowledgment of Voluntary Negotiation has been executed by the owner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa hereby approves the acquisition of the following legally described real estate: LOT 1 of Marde Place at the cost of Two Hundred Ninety Thousand and 00/100 Dollars ($290,000.00). Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty Deed from the owners, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 17th dayyof March, 2014. D.� Roy D. Btail, Mayor Attest: Kev, S. Firnstahl, City Jerk STATE OF IOWA CERTIFICATE of the CITY CLERK ) SS: COUNTY OF DUBUQUE ) I, Trish L. Gleason, do hereby certify that I am the duly appointed, qualified, Assistant City Clerkof the City of Dubuque, Iowa, in the County aforesaid, and as such Assistant 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. 74-14 is a correct copy of the original Resolution No. 74-14 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the l 7tri day of March, 2014. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 11th day of November, 2014. C1/2-6:17AsCr›.- Trish L. Gleason, Assistant City Clerk 11 11 1111111 111 1111 110 Doc ID 008144200002 Type GWH Kind GROUNDWATER HAZARD Recorded: 11/19/2014 at 02:28:38 PM Fee Amt: $0.00 pane 1 of 2 Dubuque County Iowa Kathy Flynn Thurlow Recorder Fil ����� �����n� ����� e����� v��������o��� REAL ESTATE TRANSFER - GROUR HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name Marde Enterprises Address c/o 2602 Hacienda Drive Dubuque Iowa 52002 Number and Street or RR City, Town or P.0, State Zip TRANSFEREE: Noma City of Dubuque,Tow» Address 50 West 13th Street Dubuque Iowa 52001 Number and Street or RR City, Town or P,O. State Zip Address of Property Transferred: 460 East 18th Street Dubuque Iowa 52001 Number and Street or RR u.ty,Town mpO. State on Legal ifnecessary) Lot 1 ofMf\llDE PLACE in the Citof Iowa, according to the recorded Plat thereof 1. Wells (check one) There are no known welis stuated on this There iso 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) >- 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. HazardousVVasteehchenkmme\ There isnnknown 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) ,<rhere are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tonks, cisterns and septic tanks, in instructions.) .There is an underground storage tank on this property. The hkpe/s>, size(s) and any known substance(s) contained are Iisted beiow or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) /d D\ Lj \'6013 5. Private Burial Site (check one ><There are no known private burial stes on this property. There is a prjvate buriai site on this property. The Iocation(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. Ph te Sewagemm Di�pwsmlSvmt�(chaukone) ~�^ All buildings on this property are �pub|ioor�emi-pVb�Uonesewage disposal system. This transaction does not involve the transfer of any building which has or is required by law tn 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 forrn when recording. * There is a buliding served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of theprivate sewage disposaJ 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 buliding 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 foliowing 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: Si 1 HEREBY DECLARE THAT 1 HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. ��� -- ^~ � :Ade �������.� ~�� eror � Telephone No.: »����-^~x��"°�� 003-5 -^ DNR form 542-0960 (July 18, 2012)