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Property Acquistion_411 East 15th Street_Bee Branch Creek Restoration Project_BlumTHE CITY OF Dui Masterpiece on the Mississippi Dubuque band AI -America City r 2007 • 2012 • 2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Bee Branch Creek Restoration Project, Acquisition of 411 E. 15th Street CIP 7201654 DATE: June 10, 2014 City Engineer Gus Psihoyos recommends City Council approval of the purchase of 411 E. 15th Street and the Harris BS -372 Scrap Shear from Alvin Blum for a combined purchase price of $750,000. This purchase is part of the acquisition program associated with the Bee Branch Creek Restoration Project. I concur with the recommendation and respectfully request Mayor and City Council approval. ",'I144 ,,,,,, Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF Dui E Masterpiece on the Mississippi TO: Michael C. VanMilligen FROM: Gus Psihoyos, City Engineer Dubuque kraal M-AmericaCiry �I �► 2012 SUBJECT: Bee Branch Creek Restoration Project, Acquisition of 411 E. 15th Street CIP 7201654 DATE: June 9, 2014 INTRODUCTION The purpose of this memorandum is to request City Council approval to purchase property at 411 E. 15th Street owned by Alvin Blum for the Bee Branch Watershed Flood Mitigation Project. BACKGROUND In December of 2001, the City Council formally adopted the Drainage Basin Master Plan (DBMP) prepared by HDR Engineering (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 established the alignment for the Bee Branch Creek Restoration Project, from 15th and Sycamore Streets to 24th and Washington Streets, and established a building permit moratorium for the properties impacted based on the alignment. In February of 2013, the City Council adopted Resolution 30-13 approving the acquisition of property at 501 E. 15th Street owned by Mr. Alvin Blum (Blum Properties, Inc.) for the Bee Branch Creek Restoration Project. Per the terms of the acquisition agreement, the City also agreed to purchase the 1995 Al -Jon United Division AS -1500 Aluminum Melt Furnace (Smelter). Finally, the agreement delayed the actual sale of the property until April of 2014, the following year, to allow Mr. Blum time to process and sell his inventory of scrap aluminum. In November of 2013, the City Council adopted Resolution 336-13, approving the City's application for state sales tax increment funding for the Bee Branch Watershed Flood Mitigation Project (the Project). The Project consists of twelve phases, one of which is the Flood Control Maintenance Facility. On December 4, 2013, the Iowa Flood Mitigation Board voted to approve the City's application for construction of the Bee Branch Watershed Flood Mitigation Project. In February of 2014 the City Council adopted Resolution 31-14 authorizing the execution of an agreement with the State of Iowa Flood Mitigation Board regarding the construction and funding of the Bee Branch Watershed Flood Mitigation Project. The Fiscal Year 2015-2019 Five Year Capital Improvement Program Budget adopted by the City Council outlines funding for the Flood Control Maintenance Facility (Phase 9 of Bee Branch Watershed Flood Mitigation Project), including funding to acquire necessary property. DISCUSSION When negotiating the terms of sale for 501 E. 15th Street, there were discussions surrounding the possibility of the City acquiring 411 E. 15th Street even though the City's need for the property had not been established. Mr. Blum initially contended that he could not operate his business on 411 E. 15th Street if the City acquired 501 E. 15th Street as both are utilized as part of his scrap metal salvage operation. The City's interest in 411 E. 15th Street is related to the City's desire to establish the Flood Control Maintenance Facility which is Phase 9 of the Bee Branch Flood Mitigation Project. Mr. Blum did eventually agree to sell 501 E. 15th Street to the City based on the City's established need for the property. The agreement delayed the actual sale of 501 E. 15th Street until April of 2014. This was to allow Mr. Blum time to process, package, and sell his accumulated scrap aluminum inventory. The City also agreed to purchase the Smelter owned by Mr. Blum at the time of closing. As the April 2014 closing approached, Mr. Blum expressed a desire to delay the sale date to allow more time to liquidate scrap aluminum. When discussing a possible delay, Mr. Blum's voluntary sale of 411 E. 15th Street to the City again resurfaced. Mr. Blum has voluntarily signed a Total Acquisition Agreement (Agreement) that outlines the sale of 411 E. 15th Street to the City for $500,000.00. The property is currently being used to reclaim and recycle scrap metal for resale. Once again, the timing of the actual sale was a significant consideration. Again, delaying the closing date allows Mr. Blum to consolidate and sell accumulated scrap metal using his 372 -ton Harris BS -372 Scrap Shear (Shear). Per the Agreement, the City would also purchase the Shear for $250,000.00. The combined appraised value of the property and the Shear is $731,040.00. The Agreement establishes the actual sale of 411 E. 15th Street for October 1, 2016 and delays the sale of 501 E. 15th Street from April 30, 2014 until December 31, 2015. By allowing Mr. Blum to use 501 E. 15th Street (and the Smelter) until December 31, 2015 to liquidate his aluminum inventory and 411 E. 15th Street (and the Shear) until October of 2016 will allow him to liquidate the accumulated supply of scrap metal and preclude the need to relocate any scrap metal, the Smelter, and the Shear. The cost to relocate the scrap metal, the Smelter, and the Shear would exceed the cost to purchase the property now along with either purchasing the scrap metal or paying to have it relocated to another location. Upon purchasing the Smelter and the Shear, the City would either deconstruct them or sell it as a unit and recoup some of the expense related to purchasing the equipment. Enclosed are the Total Acquisition Purchase Agreement and the Acknowledgment of Voluntary Negotiation, both signed by Mr. Alvin Blum on behalf of Blum Properties, Inc. SB Development, LLC has a Right of First Refusal on the Blum Property and that matter will need to be resolved separately. RECOMMENDATION I recommend that the City purchase 411 E. 15th Street and the Harris BS -372 Scrap Shear for a combined total of $750,000.00 for the Bee Branch Creek Restoration Project. BUDGET IMPACT The purchase price is within the budget established for the property. It will be funded from the FY2013 appropriation of $2,723,388 for property acquisitions for the Bee Branch Creek Restoration Project (CIP# 7201654). The City would make payment in December of 2015 for 501 E. 15th Street (& the Smelter) and in October of 2016 for 411 E. 15th Street (& the Shear). ACTION TO BE TAKEN I respectfully request adoption of the attached resolution authorizing the purchase of the property owned by Blum Properties, Inc. at 411 E. 15th Street legally described as the North 35 feet of Lot 255, South 15 feet of Lot 255 and Lot 256 East Dubuque Addition, all in the City of Dubuque, Dubuque County, Iowa and the purchase of the Harris BS- 372 Scrap Shear. Attach. Prepared by Deron Muehring, Civil Engineer II cc: Barry Lindahl, City Attorney Jenny Larson, Budget Director Deron Muehring, Civil Engineer RESOLUTION NO.172-14 RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY BLUM PROPERTIES, INC. IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain real estate to for the stormwater mitigation activities collectively known as the Bee Branch Watershed Flood Mitigation Project as recommended in the 2001 "Drainage Basin Master Plan" as amended in 2013; and Whereas, a purchase agreement has been finalized with the owner of the property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: Lots 182, 182A, 183, 184, 185, 186, West 65' of Lots 217, 218, 219, 220, & 221, and East 35' of Lots 217, 218, 219, 220, & 221 all in East Dubuque Addition, in the City of Dubuque, Dubuque County, Iowa At the cost of Five Hundred Thousand and 00/100 Dollars ($500,000.00). Section 2. That the City of Dubuque hereby approves the acquisition of the Harris BS -372 Scrap Shear owned and operated by Blum Properties, Inc. at the cost of Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00). Section 3. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 4. That the City Clerk be and is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 5. 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 16th day of June, 2 K- fin S. Firnsthal, `C, City Clerk .a Roy D. Buol, Mayor Exhibit A Bee Branch Creek Restoration Project Property Acquisition Address: 411 E. 15th Street Legal Description: Lots 182, 182A, 183, 184, 185, 186, \Nest 65' of Lots 217, 218, 219, 220, & 221, and East 35' of Lots 217, 218, 219, 220, & 221 all in East Dubuque Addition //II/III//II/II//II/I/II/I//I/I/I!I/II///I/I/I///III(//I/Ij///i///i/I/I/I//iI ii ilii loll Doc ID: 008569130004 Type: GEN Kind: RESOLUTION Recorded: 12/21/2016 at 03:38:22 PM Fee Amt: $22.00 page 1 of 4 Dubuque County Iowa John Murphy Recorder Fi1e2016-00017263 RECORDER'S COVER SHEET RESOLUTION 172-14 Preparer Information: Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, Iowa 52001 (563) 583-4113 Taxpayer Information: City of Dubuque, Iowa, 50 West 13th Street, Dubuque, IA 52001 Return Document To: Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, Iowa 52001 Grantors: The City of Dubuque, Iowa Grantees: Blum Properties, Inc. and Blum Company Legal description: See Page 2. Document or instrument number of previously recorded documents: idd. �0 C4 RESOLUTION NO.172-14 RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY BLUM PROPERTIES, INC. IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain real estate to for the stormwater mitigation activities collectively known as the Bee Branch Watershed Flood Mitigation Project as recommended in the 2001 "Drainage Basin Master Plan" as amended in 2013; and Whereas, a purchase agreement has been finalized with the owner of the property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: Lots 182, 182A, 183, 184, 185, 186, West 65' of Lots 217, 218, 219, 220, & 221, and East 35' of Lots 217, 218, 219, 220, & 221 all in East Dubuque Addition, in the City of Dubuque, Dubuque County, Iowa At the cost of Five Hundred Thousand and 00/100 Dollars ($500,000.00). Section 2. That the City of Dubuque hereby approves the acquisition of the Harris BS -372 Scrap Shear owned and operated by Blum Properties, Inc. at the cost of Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00). Section 3. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 4. That the City Clerk be and is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 5. 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 16t" day of June, 254. Roy D. Buol, Mayor /N Y� K- in S. Firnsthal, IAC, City Clerk STATE OF IOWA CERTIFICATE of the CITY CLERK ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such 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. 172.14 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 15th day of December, 2016. S. Firnstah ; City Clerk Exhibit A Bee Branch Creek Restoration Project Property Acquisition Address: 411 E. 15th Street Legal Description: Lots 182, 182A, 183, 184, 185, 186, \Nest 65' of Lots 217, 218, 219, 220, & 221, and East 35' of Lots 217, 218, 219, 220, & 221 all in East Dubuque Addition TA aP it") (CORPORATE/BUSINESS ENTITY GRANTOR) THE IOWA STATE BAR ASSOCIATION 7 " � �" 1 Official Form No. 335 voctAl Recorder's Cover Sheet WARRANTY DEED 11111111111111$1111111111111111111 Doc ID: 008569140002 Type: GEN Kind: WARRANTY DEED Recorded: 12/21/2016 at 03:39:43 PM Fee Amt: $176.20 Page 1 of 2 Revenue Tax: $159.20 Dubuque County Iowa John Murphy Recorder F11e2016-00017264 Preparer Information: (Name, address and phone number) Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, Iowa 52001 (563) 583-4113 Taxpayer Information: (Name and complete address) City of Dubuque, Iowa, 50 West 13th Street, Dubuque, Iowa 52001 Return Document To: (Name and complete address) Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, Iowa 52001 Grantors: Grantees: Blum Properties, Inc. City of Dubuque, Iowa Legal description: Document or instrument number of previously recorded documents: © The Iowa State Bar Association 2016 IOWADOCSO //,.DO 5.00 WARRANTY DEED (CORPORATE/BUSINESS ENTITY GRANTOR) For the consideration of valuable consideration, a(n) the laws of Corporation Iowa one Dollar(s) and other Blum Properties, Inc. organized and existing under does hereby Convey to the City of Dubuque, Iowa the following described real estate in Dubuque County, Iowa: Lots 182, 182-A, 183, 184, 185, 186, and the westerly 65 feet of lots 217, 218, 219, 220, and 221, in East Dubuque Addition, City of Dubuque, Iowa, according to the recorded Plats thereof The grantor hereby covenants with grantees, and successors in interest, that it holds the real estate by title in fee simple; that it has good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances, except as may be above stated; and it covenants to Warrant and Defend the real estate against the lawful claims of all persons, except as may be above stated. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, according to the context. Dated on " ... ZO Zgt Blum Properties, Inc. By Alvin Blum STATE OF IOWA , COUNTY OF This record was acknowledged before me on as President of Blum Properties, Inc., an Iowa Corporation © The Iowa S IowaDocs® BARRY A. LINDAHL" Commission Numb: r 07515 , a(n) Iowa Corporation By Dubuque D1/42 . 245,s 26 lc , by Alvin Blum nature of Notary Public Form No. 335, Warranty Deed - Corporation/Business Entity Grantor Revised April 2016 Doc ID: 008569150006 Type: GWH Kind: GROUNDWATER HAZARD Recorded: 12/21/2016 at 03:39:58 PM Fee Amt: $0.00 Page 1 of 6 Dubuque County Iowa John Murphy Recorder Q /� Fi1e2016-00002284 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name Blum Properties, Inc. and Blum Company Address 411 E. 15th Street Dubuque Iowa 52001 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name City of Dubuque, Iowa Address 50 W. 13th Street Dubuque Iowa 52001 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: 411 E. 15th Street Dubuque Iowa 52001 Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) See 1 in Addendum 1. Wells (check one) X There are no known wells situated on this property. There is a 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) _ There is no known solid waste disposal site on this property. X There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) _ There is no known hazardous waste on this property. X 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) There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) X There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) 5. Private Burial Site (check one) X There are no known private burial sites on this property. _ There is a private burial site on this property. The location(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. Private Sewage Disposal System (check one) X All buildings on this property are served by a public or semi-public sewage disposal system. _ This transaction does not involve the transfer of any building which has or is required by law to 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 form when recording. There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal 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 building 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 following 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: A suspected underground storage tank may be located on the subiect property. This tank was discussed in the Phase I ESA completed by the City of Dubuque on 6/13/2016. Results from the Phase II ESA completed by the City of Dubuque on 10/4/2016 were inconclusive related to the status and location of the suspected tank. I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND T T THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: (Transferor or Agent) FILE WITH RECORDER Telephone No.: 50.512-509 DNR form 542-0960 (July 18, 2012) GROUNDWATER HAZARD STATEMENT ATTACHMENT #1 NOTICE OF WASTE DISPOSAL SITE a. Solid Waste Disposal (check one) X There is a solid waste disposal site on this property, but no notice has been received from the Department of Natural Resources that the site is deemed to be potentially hazardous. _ There is a solid waste disposal site on this property which has been deemed to be potentially hazardous by the Department of Natural Resources. The location(s) of the site(s) is stated below or on an attached separate sheet, as necessary. b.. Hazardous Wastes (check one) _ There is hazardous waste on this property and it is being managed in accordance with Department of Natural Resources rules. X There is hazardous waste on this property and the appropriate response or remediation actions, or the need therefore, have not yet been determined. Further descriptive information: Description of waste from Mr. Blum's prespective as signatory. See attached summary of Phase II ESA. I HEREBY DECLAE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT E INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: Telephone No.: 5L3513 -41) 3 FILE WITH RECORDER DNR form 542-0960 — Attachment #1 (July 18, 2012) Addendum 1. Lots 182, 182-A, 183, 184, 185, 186, and the westerly 65 feet of lots 217, 218, 219, 220, and 221, in East Dubuque Addition, City of Dubuque, Iowa, according to the recorded Plats thereof And The east 35 feet of lots 217, 218, 219, 220, and 221, in East Dubuque, a Subdivision in the City of Dubuque, Iowa, according to the recorded Plat thereof 1.0 EXECUTIVE SUMMARY The City of Dubuque has retained HR Green to conduct a Phase II ESA on a property owned by Blum Properties Inc. generally located at 411 East 15th Street encompassing 1.30 acres of land in Dubuque, Dubuque County, Iowa (Figure 1, Appendix B). This report hereinafter refers to the property as the "subject property." A Phase II Sampling Plan for Phase II ESA activities was prepared and submitted to the EPA Project Manager for approval. The findings and conclusions of this Phase II ESA are summarized as follows: • Range 1 Soil: A total of one (1) PCB, one (1) TEH, seventeen (17) PAHs, nineteen (19) VOCs, and seven (7) RCRA metals were detected in Range 1 soil and seven (7) PCBs and one (1) VOC reported as non -detect concentrations above applicable SWSs. Results for total PCBs, waste oil, benzo(a)pyrene, 1,2,3-trichloropropane, arsenic, and lead are reported at concentrations or non -detect concentrations above SWSs at multiple sample locations. • Range 2 Soil: No samples were collected from Range 2 soil as part of this assessment due to field observations per the Phase 11 Sampling Plan. • Groundwater: One (1) TEH, two (2) PAHs, thirteen (13) VOCs, and three (3) RCRA metals were detected above laboratory reporting limits or were reported at non - detect values that exceed applicable SWSs. All concentrations of reported PAHs and RCRA metals were below applicable SWSs. Waste oil, benzene, and tetrachloroethene were detected at concentrations above applicable SWSs and 1,2- dibromo-3-chloropropane, 1,2-dibromoethane, 1,1,2,2 -tetrachloroethane, and 1,2,3- trichloropropane were reported as non -detect values above applicable SWSs. • Vapor Intrusion: Fourteen (14) compounds detected in groundwater including two (2) PAHs and twelve (12) VOCs are sufficiently volatile and sufficiently toxic to present a vapor intrusion risk. Thirteen (13) of these compounds were evaluated using the Johnson & Ettinger Vapor Intrusion Model for Forward Calculation of Indoor Air Concentration with one (1) compound that was not available to model in this program. The vapor intrusion risk is included in the Cumulative Risk Evaluation findings. The calculated results for this media indicate that vapor intrusion alone does not pose a risk on this site. Cumulative risk is discussed below. • Cumulative Risk Evaluation: Cumulative cancer risk for a site resident and a site worker and non -cancer risk for a site resident, site worker, and construction worker are unacceptable. Cumulative cancer risk for a construction worker is acceptable. These risk assessment results consider redevelopment on the subject property for a slab -on -grade building; risk assessment calculations for a basement structure can be found in Section 4.3 of this report and does not change the cumulative risk evaluation findings from a slab -on -grade building. The unacceptable cancer and non -cancer determinations for site resident, site worker, and construction worker are driven by Range 1 contaminant concentrations. PCBs, benzo(a)pyrene, waste oil, arsenic, lead, and VOC concentrations are the primary contaminants driving the unacceptable cancer risk. PCBs, waste oil, RCRA metals, PAHs, and VOC concentrations are responsible for the unacceptable cancer risk determination. HRGreen The City of Dubuque has an ordinance (Section No. 16-11-20) that prevents the installation of private wells unless public water is not available. This requires permit approval by the County's Health Department. Further, no wells may be installed within 500 feet of a LUST site. HR Green recommends that the findings of this report be provided to the City of Dubuque's Water Department for their records. HR Green recommends notifying the County's Health Department of the groundwater results contained in this Phase II ESA, to prevent the installation of new wells on the subject property or on adjacent properties. This action will sever the groundwater ingestion pathway for the subject property. The results of this study indicate that shallow soil impact across the subject property presents an unacceptable risk to site occupants and construction personnel without remediation of shallow soil. Additional investigation to delineate the identified contamination should be completed to identify the extent of soil impacts. Remediation of shallow soil or implementation or engineering or institutional controls (environmental covenant, engineered clean soil barrier with deo-membrane vapor barrier, etc.) on the subject property is needed to sever this exposure pathway. The material which has accumulated on the basement floor of the main office building (BC as shown on Figure 2) and the underlying concrete (including building footers) should be removed, characterized, and disposed of according to local state and federal regulations. A site specific health and safety plan addressing OSHA compliance for construction workers should be in place before any redevelopment activities involving earthwork or building demolition occur on the subject property due to the Calculator determination of unacceptable non -cancer risk for construction workers. The results of this study indicate that vapor intrusion does not present a risk to construction workers or to future users of the subject property. While sample collection was completed according to the EPA -approved Phase II Sampling Plan, samples were not collected from Range 2 soil. This is the result of elevated PID readings being observed at higher concentrations in Range 1 soil than Range 2 soil resulting in a Range 1 soil sample collection to analyze for the highest concentration. Vertical delineation should be addressed during additional investigations accordingly. Additional samples were collected outside of the scope of the Phase II Sampling Plan when observations and professional judgement warranted; this is discussed further in Section 4.0 of this report and includes the addition of a sample from around the base of the crusher on the subject property where significant staining and product were observed during sampling activities. This report should be provided to the IDNR for guidance on what actions will be required as a result of the observed contamination in order for the subject property to be redeveloped. WARRANTY DEED (CORPORATE/BUSINESS ENTITY GRANTOR) THE IOWA STATE BAR ASSOCIATION Official Form No. 335 Recorder's Cover Sheet l iii 131111111111111111111111411111ii 1111 Doc ID: 008569160002 Type GEN Kind: WARRANTY DEED Recorded: 12/21/2016 at 03:40:27 PM Fee Amt: $17.00 Page 1 of 2 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder Fi1e2016-00017265 Preparer Information: (Name, address and phone number) Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, Iowa 52001 (563) 583-4113 Taxpayer Information: (Name and complete address) City of Dubuque, Iowa, 50 West 13th Street, Dubuque, Iowa 52001 Return Document To: (Name and complete address) Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, Iowa 52001 Grantors: Grantees: Blum Company City of Dubuque, Iowa Legal description: Document or instrument number of previously recorded documents: © The Iowa State Bar Association 2016 IOWADOCS® ()Haw 510 WARRANTY DEED (CORPORATE/BUSINESS ENTITY GRANTOR) For the consideration of valuable consideration, a(n) the laws of Corporation Iowa one Blum Company Dollar(s) and other organized and existing under does hereby Convey to the City of Dubuque, Iowa the following described real estate in Dubuque County, Iowa: The east 35 feet of lots 217, 218, 219, 220, and 221, in East Dubuque, a Subdivision in the City of Dubuque, Iowa, according to the recorded Plat thereof Revenue Stab on accanpanying Warranty Deed. +b The grantor hereby covenants with grantees, and successors in interest, that it holds the real estate by title in fee simple; that it has good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances, except as may be above stated; and it covenants to Warrant and Defend the real estate against the lawful claims of all persons, except as may be above stated. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, according to the context. Dated on D1t, ?.t)) �p ) Blum Company By Alvin Blum , a(n) Iowa corporation By STATE OF IOWA , COUNTY OF Dubuque DZ. Zo 261(. , by Alvin Blum This record was acknowledged before me on as President of Blum Company, an Iowa Corporation BARRY A. LINDAHL Commission Num �e�r1075�1 My Comm. Exp. l © The Iowa State Bar Association 2016 IowaDocs® Sign., tur otary Public Form No. 335, Warra Deed - Corporation/Business Entity Grantor Revised April 2016