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Bishop's Block_Harbor Place Disposal of Real EstateTHE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque band AI -America City r 2007 • 2012 • 2013 SUBJECT: Real Estate Transaction: Alley behind Lower Main Street from Locust Street Connector to West First Street and Portion of West First Street DATE: March 10, 2014 In the late 1990s a plat was filed for Lot 1A, Lot 1B, Lot 10, 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. 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 10 was not completed. Assistant City Attorney Crenna Brumwell recommends the City Council approve 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. I concur with the recommendation and respectfully request Mayor and City Council approval. 7- Mic ael C. Van Milligen IA./1144 cvii MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Crenna Brumwell, Assistant City Attorney Masterpiece on the Mississippi CRENNA M. BRUMWELL MEMORANDUM ASSISTANT CITY ATTORNEY To: City Manager DATE: March 10, 2014 Michael C. Van Milligen 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 was approved by the Zoning Commission at the March 5, 2014 meeting. 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 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 3� 1[ ta •0 7 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 Stale Bar Association 2005 IOWAOOCSO E IOWA OUetalFormNo400BAR A5SOCIATION CrennaM. Brumwell ISBA#000018268 OR THE LEGAL EFFECT OF THE USE F FTRISFORM, CONSULT YOUR LAWYER AlW P ti" et 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 Harbor Excepting and reserving to Grantor, and repair of municipal and other maintenance of abutting buildings, portions of the property. This shall easements shall be exercised in property for parking. The consideration for this deed By authority of Resolution 562-98 Each of the undersigned hereby to the real estate. Words and phrases singular or plural number; and as masculine 1 p z,,, 4 , described real estate in Dubuque Company Addition to the it successors and assigns public utility systems, a public and an easement for grass be appurtenant to and run a fashion so as to not materially is less then $10.00. adopted December 7, 1998. relinquishes all rights of dower, herein, including acknowledgment or feminine gender, according top City of Dubuque, Iowa an easement for installation, maintenance easement for access and for repair and cutting and landscaping on non -paved with the abutting property. These interfere with Grantees use ofthe . homestead and distributive share in and hereof, shall be construed as in the to the conte . Dated. - Aor, #,,, rfr "404 Roy D.: iol, Mayor (Grantor) vi S. i » stahl, ity Cle`'�CMC (Grantor) (Grantor) (Grantor) (Grantor) STATE OF Towa , COUNTY OF Dubuque • (Grantor) , by I This instrument was acknowledged ci ,"s 'r -R.4-,•“-, S• "irc15'1Gh\ before me on MoecJ. f , Aol `/ fAAI, /o„a +�LEMON Ow -omission Number 719986 My Commission Expires a.13., -' (� v cx , Notary Public ©The lava State Bar Assxiati o 2007 Quit Claim Deed 10WADOCSO 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 RESOLUTION NO. 93-14 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 17th day of March, 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 17th day f March, 2014. ATTEST: Kevin S. ' irnstahl, City CI Roy D. B,9'ol, Mayor Prepared by: Crenna Brumwell, Assistant City Attorney Address: 300 Main Street Telephone: 589-4113 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121 RESOLUTION NO. -14 RESOLUTION APPROVING FINAL PLAT 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 Final 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 Final 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 Final 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 Final 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 Final 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 Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@cityofdubuque.org The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Dubuque THE CITY OF '1111! zor •2712 •hili Masterpiece on the Mississippi Dui March 7, 2014 Applicant: City of Dubuque Location: West 1st Street Description: Final Plat Lot 4A, Lot 4B, and Lot 4C, Block 1 of Dubuque Harbor Company Addition Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request. The application, staff report and related materials are attached for your review. Discussion Associate Planner Kyle Kritz reviewed the submitted Final Plat, noting the location of the property, and that its approval will facilitate the conveyance of the former alley right- of-way to adjacent property owners. There were no public comments. The Zoning Advisory Commission had no objection to the submitted Final Plat. Recommendation By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council approve the request. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Patrick Norton, Chairperson Zoning Advisory Commission cc: Gus Psihoyos, City Engineer Service People Integrity Responsibility Innovation Teamwork COUNTY TREASURER Dubuque, Iowa , 20 1, the undersigned, Eric Stierman, Treasurer of Dubuque County, Iowa, do hereby certify that all taxes levied against Lot IA, Lot 1B, Lot IC, 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 1A, 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 OrC s ,20it/ 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. Chair ubuque ping Commission 3636-99 Kal SW ENGINEERS & SURVEYORS P.C, 4155 PENNSYLVANIA AVE, DUBUQUE, IOWA, (319) 556-2464 LEGEND 99 MAR -2 PM 1154 KATHy FLYNN T}IJ(L01! CO NTY RECORDER MOVE €4..104M. 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 9111 = 3020'45" R = 85.87' T = 23.29' L = 45.48' CHD = N 37'03'27" E 44.95' 5' 0.9111)85.5.8SET4ER EASEVVIT PER TMS PUT S 2299'9E, N 677609' W 36.60' 5 10 0 l0 -c NORTHERLY LINE OF THE EAST HALF OF BLOCK 1, DUBUQUE HARBOR CO. ADDITION AND SOUTHERLY R.O.W. UNE OF HEST FIRST ST. LOT 38 V UNE 0 ■ R.O.W. FID. CUT "X' IN CONC. WALK d B6� 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) 1 HEREBY CERTIFY THAT THE SURVEY WAS DONE AND THIS PLAT WAS MADE BY ME OR UNDER 46 SUPERV151011. THAT ALL NONUUEIITS %ERE PLACED CR SHALL BE PLACED WSTHIN ONE YEAR FROM THE DATE 11415 PLAT IS RECORDED, MID THAT 1 AU A DULY REGISTERED LANG SURVEYOR UNDER 114E LAWS OF THE STATE OF 10WA. FOR RW ENGINEERS AND SURVEYORS. P.C. REPSTRASON EMPIRES DECEMBER 31, 1996 +`+++1 0 IW/4JOHN LL TRAINER = LS. 12631 _ C ? c EXP. 12/96 S' LANG,`"yJ``�. 11111111+11+++�\l` G#�V1 A = 49V0'09' R = 60.00' T = 27.35' L = 51.32' CHD=S09'4101'W 49.77' N 23'35'54' W 18.01' FOUND ROD W/ 1.0.0.8. CAP \ POINT OF BEG2IINWG N.E 60.91, LOT 6A AREA SUMMARY #3/°% LOT IA = 4,313 S0. FT. LOT 18 = 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 0 Illlllllll PROPRIETORS: CITY OF DUBUQUE 40 80 SCALE: 1"=40' DATE DRAWN 5LW CHECKED ,AIT 9/19/06 SCALE I"=40' REN510N I ENGINEERS - SURVEYOR,' Io.s L:,el,. W,:onm 41SS P.v,aA,uua ' 620' (319) 653-2494 PLAT N0. 104-18—S6 P' FRE 55.42 006-211.1.0%G • 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 ha f 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 19tk " 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 ce M. Duggan, Mayor Mary A. ;iavis, City Clerk Sheet 3 of3 State of Iowa ) ) ss: County of Dubuque ) On this 16th day of Ncvember , 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 my hand and notarial seal on the date last abo Dubuque, Iowa tary Public in and for e Said County My Commission Expires ,%9'N 19 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 Tece M. Duggan Mayor of the Cityf Dubuque Mary A avis Clerk o the City of Dubuque COUNTY AUDITOR AARG 1 ,195 The foregoing plat was entered of record in the office of the Dubuque County Auditor this nci day of pRG N ,19� wise 1�1 ..."7:1ta�'1 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 City Assessor of Dubuque, Iowa PLANNING SERVICES Dubuque, Iowa Sheet 3A of 3 wetVed 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 cAiLSt 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 EX. 5' SANITARY SEWER EASEMENT 1 �N / G�▪ . o- N. /-/1;2532 'c Q, �4pq � ¢ �2P /- I� `\' z• /- \ � S 11,9" 632 / 1-o ., ?,5 i-8.\ / ' I U \-p1 ce / r\'p 532 —' 1 S 2c 3 / I W \oi \ 52?532 OrCit,JG \0 0 --u. cic ' SEE SHEET 2 FOR LEGEND AND NOTES SEE DETAIL ON SHEET 2 0 - -73 — pt P LINE, BEARING L1 S67'18'11 "E 22.97' (22.99') L2 N23'35'38"W 18.01' ALUM DOT CAP L=51.32' R=60.00' 49'00'08" CHORD=509'41'18"W 49.77' \ NORTH \� Gvs�EGA\O\\ \ GRAPHIC SCALE / \"G GGNN 0 40 DIST. 80 1" = 40' DRAWING MAY HAVE BEEN REDUCED "\1\611I1unu,i, °0 W, /' r, 11111111j'I JOHN M. _ 3 TRANMER_ LS 12631 = = /,, L AI pODo° I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY 1.15 OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY UCENSEO LAND SURVEYOR UNDER TME LAWS OF THE STATE OF IOWA. UCENSE 110. 12631 1/3)2_. DA MY UCENSE RENEWAL DATE IS 12/31/2012 PAGES OR SHEETS COVERED BY THIS SEAL SHEETS 1 THRU 3 IIW I, YfEGRiTYF?PERTISESOIUT10NS AP.GRECTIJ. Cfil E,3NEE� ccr:SrR1CI,C,1 ss s ENVIRONACIITAL Ez:.AEE .3 LAND SURVEY. YON ENGNEER.0 IAM,. TRA,3TTiTATov ENSME,, LAT NO. 72 -IA -11 CHECKED JUT PROJ. NO. 11728 DATE 01-03-12 SHEET 1 of 3 P:\11\700\728\DRAWINGS\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 AREA SUMMARY LOT 4A 6,153 SQ. FT. LOT 4B 822 5Q. 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 SURVEYED FOR: CITY OF DUBUQUE DATE OF SURVEY: AUGUST 16, 2011 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 ( } DETAIL NO SCALE DUBUQUE INV, Y.C. I A.sCri1EGN-_ . • II CMSfP C.N EE.l10E9 En',ONI NTai 0.21.6-47,1 MJ.VL?H Eno .E€c2N3 INT EGCITY.E}PERTISESOIUTIOt'S sTP:cna.0 E,-c�,e`a,3 Ph,SPORTAPON ENGNEE+.., h . . 600 4401 DRAWN ' ARC PLAT NO. 72—IA-11 CHECKED JMT PROJ. NO. 11726 DATE 01-03-12 SHEET 2 of 3 P: \11\700\728\ORAW.NGS\SURVEY \1172T1 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 1 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 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. 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. Firnstahl, 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.ikr it Muwai to me known to be the persons named in and who Ishtecuted the for(oing instrument, and acknowledged that they executed the same as their voluntary act and deed. —•-‘t — rt'tt C. G'3. ` 1. u. mttsston Kant r 7 t Car..at.E.� ..1►Ai, t�...A Ili .•..... Nota : Public IF the State o" oNiii My Commission Expires 111 bi is 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 IC, 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. I?ngelken Dubuque City Assessor RECORDER'S CERTIFICATE Dubuque, 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 has been reviewed by the Dubuque County Recorder. Kathy Flynn Thurlow Dubuque County Recorder RESOLUTION NO. 61-14 RESOLUTION OF IN- TENT TO DISPOSE OF AN INTEREST IN CITY OWNED REAL PROP- ERTY BY QUIT CLAIM DEED TO BISHOP'S BLOCK LIMITED PARTNERSHIP Whereas, the City of Dubuque, Iowa (City) owns the following real property (the Proper- ty): Lot 4A, Block 1 of Du- buque Harbor Compa- ny Addition to the City of Dubuque, Iowa; and Whereas, the City ap- proved 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 aticail ` tra not auto m y nsfer the abutting property owners followingthe vacation by the I City Council; and Whereas, following discovery of this error a deed was given to F. Roger Murray in fur- therance of the original intent of vacating the property; however, no such deed was given to Bishop's Block Limited Partnership; and Whereas, the proper- ty has been re -platted and a deed needs to be given to Bishop's Block Limited Partnership us- ing the updated legal description. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY °F DUBUQUE' 10- WA: Section 1. That the City Council shall'con- duct a public hearing on the proposed dispo- sition of real estate in the City Council Cham- bers at theHistoric Federal Building, 350 W. 6th Street, Dubu- que, Iowa on the 17 day of March, 2014 be- ginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed' to publish no- tice of the public hear- ing in e form attach- ed herettio, according to law. Passed, approved and adopted this 3rd day of March, 2014. Roy D Buol, Mayor Attest: Kevin S, Firnstahl, City Clerk CITY OF DUBUQUE OFFICIAL NOTICE NOTICE OF A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY' OF DUBU- QUE, IOWA, ON THE MATTER OF THE IN- TENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY QUIT CLAIM DEED TO BISH- OP'S BLOCK LIMITED PARTNERSHIP PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will hold a public hearing on the 17th day of March, at 6:30 p.m. in the Historic Federal Bu Iding, '350 West Sixth Street, Dubuque, Iowa, at which meeting the City Council pro- poses to dispose of an interest in the follow- ing described real property: Lot 4A, Block 1 of Du- buque Harbor Compa- ny Addition to the City of Dubuque, Iowa (1st and Main Streets) At the meeting, the City Council will re- ceive oral and written comments from any resident or property owner of said City to the above action. Writ- ten comments regard- ing the above public hearing may be sub- mitted to the City Clerk's Office on or be- fore said time of public gearing. Copies of supporting documents for the pub- lic hearings are on file in the City Clerk's Of- fice 50 W. 13th Street, and may be viewed during normal working hours. Any visual or hearing impaired persons needing special assis- tance or persons with special accessibility needs should con the City Clerks Offtact at (563) 589-4100 oicer TTY (563) 690-6678 at least 48 hours prior to the meeting. Dated this 7th day of March, 2014. Kevin S. Firnstahl, CMC, City Clerk 3/7 IN THE DISTRICT COURT OF IOWA IN AND FOR DUBUQUE COUNTY Certification of Publication See attached Document I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following date(s): 1\A‘apcie,} B 2.004 and for which the charge is $ Subscribed to before me, a,dotary Public in and for Dubuque County, Iowa, , 20 this /VV day of MARY IC, WESTERMEYER Commission Number 154885 My Comm. Exp. FEB. 1. 2017 Notary blic in and for Dubuque Coq_ :`, Iowa