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
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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
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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
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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
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111
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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.
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DNR form 542-0960 (July 18, 2012)