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Property Acquisition_420 Garfield AvenueTHE 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 420 Garfield Avenue CIP 7201654 DATE: July 15, 2014 City Engineer Gus Psihoyos recommends City Council approval to acquire property located at 420 Garfield Avenue from Thomas J. Blaser and Margaret M. Blaser, for the appraised value of $138,000. 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. 1,1144 .., 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 DThJ1 Masterpiece on the Mississippi TO: Michael C. VanMilligan FROM: Gus Psihoyos, City Engineer SUBJECT: Bee Branch Creek Restoration Project, Acquisition of 420 Garfield Ave CIP 7201654 DATE: July 11, 2014 Dubuque *America 1111 2007 • 2012 • 2013 INTRODUCTION The purpose of this memorandum is to request City Council approval to acquire property from Thomas J. Blaser and Margaret M. Blaser, owners of 420 Garfield Avenue, for the Bee Branch Creek Restoration 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 based on the alignment. 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. DISCUSSION Construction of the Bee Branch Creek Restoration Project (the Project) will dramatically impact Dubuque Fire Equipment, Inc. which operates at 420 Garfield Avenue. Even though the business owned by Thomas and Margaret Blaser has a Garfield Address, delivery access to the property is exclusively from Pine Street. For this reason, City staff began discussions with the business owners regarding coordination of construction activities impacting their property. It was determined that maintaining access to their loading dock area during 4-6 weeks of storm sewer construction was going to be extremely difficult and costly. While coordinating with Dubuque Fire Equipment, Inc., City staff learned that during the construction phase of the Bee Branch Project, an existing parking shortage for local businesses and their customers would be exacerbated. The owners of Dubuque Fire Equipment, Inc. also indicated that they were looking to relocate to a larger property to accommodate their growing business. Therefore, they asked about the City's willingness to acquire their property. In addition to providing additional space for a contractor to operate during construction of the City Project, acquisition of 420 Garfield would also provide additional right-of-way for the hike/bike trail connection between the recently completed Lower Bee Branch Creek and the proposed Upper Bee Branch Creek. The additional right-of-way would provide for a safe trail through the area by eliminating potential vehicular, bicycle, and pedestrian conflict points. In addition, the City's acquisition of the property would allow for better access to the existing city storm sewer that currently runs beneath the building on the property. Once purchased, the existing building would be removed and the property could be converted to either green space or redeveloped as a parking area and potentially leased to a nearby business. The owners have agreed to sell the property for the appraised value of $138,000.00. Enclosed is the Offer to Buy Real Estate and Acceptance (the Offer) signed by the owners of 420 Garfield Avenue, Mr. Thomas J. Blaser and Ms. Margaret M. Blaser. RECOMMENDATION I recommend that the City purchase 420 Garfield for the Bee Branch Creek Restoration Project per the terms of the attached Offer. 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). ACTION TO BE TAKEN I respectfully request adoption of 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. Prepared by Deron Muehring cc: Barry Lindahl, City Attorney Jenny Larson, Budget Director Steve Sampson -Brown, Project Manager Deron Muehring, Civil Engineer Preparer: Barry A. Lindahl, Esq. Suite 330, Harbor View Place, 300 Main Street, Dubuque, IA 52001 (5631 583-4113 Return to Kevin Firnstahl, City Hall, 50 W. 13th St., Dubuque, IA 52001, (563) 589-4121 RESOLUTION NO. 208-14 RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY THOMAS J. BLASER AND MARGARET M. BLASER, D/B/A DUBUQUE FIRE EQUIPMENT, INC., 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 (Project) for stormwater mitigation activities as recommended in the 2001 "Drainage Basin Master Plan" and as amended in 2013; and Whereas, the Project requires the reconstruction of storm sewer along 19th Street adjacent to certain real estate owned by Thomas J. Blaser and Margaret M. Blaser (the Owners); and Whereas, the Owners of this certain real estate approached the City of Dubuque voluntarily and proposed that the City of Dubuque acquire the certain real estate legally described as follows (the Property): Lot 1 of Lot 1 of Lot 11, and, Lot 2 of Lot 11, in East Dubuque, an Addition to the City of Dubuque, Iowa; Lot 2 of Lot 1 of Lot A of Mineral Lot 100, and, Lot 2 of Lot A of Mineral Lot 100; Lot 1 of Lot 2 of Mineral Lot 106; and Lot 2 of Lot 1 of Lot 2 of Lot 2 of Mineral Lot 106; all in the City of Dubuque, Iowa, according to the respective recorded Plats thereof Whereas, acquisition of the Property would facilitate construction of the 19th Street storm sewer improvements to be constructed as part of Project; and Whereas, acquisition of the Property would provide right-of-way for the hike/bike trail to be constructed as part of the Project; and Whereas, acquisition of the Property would allow for better access to the existing public storm sewer that currently runs beneath the building on the Property; and Whereas, it is in the best interest of the City of Dubuque to acquire the Property; and Whereas, the acquisition of this real estate is a voluntarily negotiated purchase by the City of Dubuque under Section 6B.1A of th 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, an Offer to Buy Real Estate and Acceptance has been finalized with the Owners of the Property and an Acknowledgment of Voluntary Negotiation has been executed by the Owners. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the Offer to Buy Real Estate and Acceptance attached hereto. 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 Attorney 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 Attorney 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 21st day ofj4July, 2014. Roy D. Bugf, Mayor Attest: Kevi irnstah , WO Jerk CERTIFICATE of the CITY CLERK STATE OF IOWA 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. 208-14 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 22nd day of July, 2014. OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: Dubuque Fire Equipment, Inc., 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 of Lot 1 of Lot 11, and, Lot 2 of Lot 11, in East Dubuque, an Addition to the City of Dubuque, Iowa; Lot 2 of Lot 1 of Lot A of Mineral Lot 100, and, Lot 2 of Lot A of Mineral Lot 100; Lot 1 of Lot 2 of Mineral Lot 106; and Lot 2 of Lot 1 of Lot 2 of Lot 2 of Mineral Lot 106; in the City of Dubuque, Iowa, according to the respective recorded Plats thereof 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: $138,000.00 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 July 23, 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 060214DM 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 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. SECTION 10. TIME IS OF THE ESSENCE. Time is of the essence in this contract. 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 July 18, 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 2 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 governmental agencies and utility companies, etc. and to make such feasibility studies and analyses as Buyer considers appropriate. 14.3 Buyer shall reimburse Seller $3,000.00 for the relocation of personal property. 14.4 Buyer can remove and retain possession of fixtures and appliances. 14.5 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: THIS OFFER IS ACCEPTED Michel C. Van Milligen City Manager 3 Dated: DUBUQUE FIRE EQUIPMENT, INC. By: Thomas J. Blaser Owner & President By: ///, Margaret M. Blaser Vice President TFIE CITY OF DUB Exhibit Masterpiece on the Mississippi Bee Branch Creek Restoration Pro'ect and 420 Gar 'eld Avenue Dt9aggt AMA etgaaAfelc INFORMATION SYS/FM Legend 11.110 Bee Branch Storm Sewer 19th Street Storm Sewer Proposed Culvert System Proposed Storm Sewer Parcels 11800 Dubuc' DISCLAIMER: This Information was complied using the Dubuque Area Geographic Information System (DAGIS), which Includes data created by both the City of Dubuque and Dubuque County. It Is understood that, while the City of Dubuque and participating agencies utilized the most current and accurate Information available, DAGIS and It's suppliers do not warrant the accuracy or currency of the information or data contained herein. The City and participating agencies shall not be held liable for any direct, Indirect, Incidental, sequential, punitive, or special damages, whether foreseeable or consequential, unforeseeable, 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. 1 inch = 100 feet 100 50 0 100 Feet Map Prepared by City of Dubuqu Engineering Departmen 50 West 13th Stree Dubuque, Iowa 52001 Phone: (563) 589-427 Fax: (563) 589-420 ACKNOWLEDGMENT OF VOLUNTARY NEGOTIATION AND PURCHASE OF PROPERTY Project: Bee Branch Creek Restoration Project Parcel Number: 1024234001 As owner(s) of real estate needed for the above referenced project and parcel, I acknowledge this is a voluntarily negotiated purchase by the City of Dubuque, Iowa under Section 6B.1A of the Code of Iowa, and is not an acquisition by the City of Dubuque, Iowa through an exercise of the power of eminent domain under Chapter 6B of the Code of Iowa. This voluntarily negotiated sale to the City of Dubuque, Iowa was made without any coercive action of any nature. 1 se Thomas J. Blaser,9ner/President Dubuque Fire Equi ment, Inc. Aid MargarM. Blaser, Vice President Dubuque Fire Equipment, Inc. ) Ate // Date Dato(/// Notary Public in and for Dubuque County, Iowa 0111111111 I 11 111 11111011111 11011 Doc ID: 008074440006 Type: GEN Kind: DEED WITH RESOLUTION Recorded: 08/19/2014 at 03:35:50 PM Fee Amt: $267.00 Page 1 of 6 Revenue Tax: $220.00 Dubuque County Iowa Kathy Flynn Thurlow Recorder File2014-00009090 Warranty Deed (Corporate/Business Entity Grantor) THE IOWA STATE BAR ASSOCIATION Official Form #335 Recorder's Cover Sheet 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: Dubuque Fire Equipment, Inc. City of Dubuque, Iowa Legal description: See Page 2 Document or instrument number of previously recorded documents: © The Iowa State Bar Association 2005 IOWADOCS® isoo CityCCerk THE IOWA STATE BAR ASSOCIATION Official Form No. 335 Maureen A. Quann FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER $ S�CIAS8, For the consideration valuable consideration, Dubuque Warranty Deed (Corporate/Business Entity Grantor) of one Dollar(s) and other Fire Equipment. Inc. a(n) Corporation organized and existing under of Dubuque, Iowa the laws of Iowa does hereby Convey to the City the following described real and Dubuque, Iowa; Mineral Lot 100; Lot 106; and Lot 2 of Mineral Lot 106; according to the respective covenants with grantees, that it has good and lawful clear of all liens and encumbrances, Defend the real estate herein, including acknowledgment to the context. estate and authority against Fire in Dubuque County, Iowa: Lot 1 of Lot 1 of Lot 11, Lot 2 of Lot 11, in East Dubuque, an Addition to the City of Lot 2 of Lot 1 of Lot A of Lot 1 of Lot 2 of Mineral Lot 2 of Lot 1 of Lot 2 of in the City of Dubuque, Iowa, The grantor hereby estate by title in fee simple; the real estate is free and covenants to Warrant and may be above stated. Words and phrases gular or plural number, according Dated: g/ift/I4 recorded Plats thereof successors in interest, that it holds the real to sell and convey the real estate; that except as may be above stated; and it the lawful claims of all persons, except as hereof, shall be construed as in the sin- Equipment, Inc. , STATE OF IOWA Dubuque a(n) , COUNTY OF Iowa Corporation By ./�4 Thomas J. Blaser , President By .i ri V, Margare M. Blaser, Vice President Dubuque , 2D14- , This record was acknowledged before me on this by Thomas J. Blaser 14+h day of as President of Dubuque Fire Equipment, Inc. otary Public - . _ ,r .r ..' ,�a <: AUREEN A Q. N Com Ion , ier 76901 S My Come -.,a: .�M: ro«� MAUREEN A. QUANN "276t`0l CCr N111551U Exp. My Comm. Exp. • - © The Iowa State Bar Association 2013 335 WARRANTY DEED (CORPORATE/BUSINESS ENTITY DEED) IOWADOCS® Revised August 2013 STATE OF IOWA , COUNTY OF Dubuque This record was acknowledged before me this l'ft1 day of - , 2D14 , by Margaret M. Blaser as Vice President of Dubuque Fire Equipment, Inc. STATE OF MAUHEEN A. QUANN Commission Numbe 7694 1 My Comm. Exp. , COUNTY OF Signature of Notary Public This record was acknowledged before me this day of by as of STATE OF , COUNTY OF Signature of Notary Public This record was acknowledged before me this day of by as of Signature of Notary Public Preparer: Barry A. Lindahl, Esq. Suite 330, Harbor View Place, 300 Main Street, Dubuque, IA 52001 (563) 583-4113 Return to Kevin Firnstahl, City Hall, 50 W. 13th St., Dubuque, IA 52001, (563) 589-4121 RESOLUTION NO. 208-14 RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY THOMAS J. BLASER AND MARGARET M. BLASER, D/B/A DUBUQUE FIRE EQUIPMENT, INC., 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 (Project) for stormwater mitigation activities as recommended in the 2001 "Drainage Basin Master Plan" and as amended in 2013; and Whereas, the Project requires the reconstruction of storm sewer along 19th Street adjacent to certain real estate owned by Thomas J. Blaser and Margaret M. Blaser (the Owners); and Whereas, the Owners of this certain real estate approached the City of Dubuque voluntarily and proposed that the City of Dubuque acquire the certain real estate legally described as follows (the Property): Lot 1 of Lot 1 of Lot 11, and, Lot 2 of Lot 11, in East Dubuque, an Addition to the City of Dubuque, Iowa; Lot 2 of Lot 1 of Lot A of Mineral Lot 100, and, Lot 2 of Lot A of Mineral Lot 100; Lot 1 of Lot 2 of Mineral Lot 106; and Lot 2 of Lot 1 of Lot 2 of Lot 2 of Mineral Lot 106; all in the City of Dubuque, Iowa, according to the respective recorded Plats thereof Whereas, acquisition of the Property would facilitate construction of the 19th Street storm sewer improvements to be constructed as part of Project; and Whereas, acquisition of the Property would provide right-of-way for the hike/bike trail to be constructed as part of the Project; and Whereas, acquisition of the Property would allow for better access to the existing public storm sewer that currently runs beneath the building on the Property; and Whereas, it is in the best interest of the City of Dubuque to acquire the Property; and Whereas, the acquisition of this real estate is a voluntarily negotiated purchase by the City of Dubuque under Section 6B.1A of th 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, an Offer to Buy Real Estate and Acceptance has been finalized with the Owners of the Property and an Acknowledgment of Voluntary Negotiation has been executed by the Owners. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the Offer to Buy Real Estate and Acceptance attached hereto. 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 Attorney 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 Attorney 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 21st day of uly, 2014. Cl, Roy D. BuMayor Attest: CERTIFICATE of the CITY CLERK STATE OF IOWA ) 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. 208-14 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 22nd day of July, 2014. IIII 0IU 0 II0 III 11111101 11 11 ilial Doc ID 008074450003 Type GWH Kind GROUNDWATER HAZARD Recorded: 08/19/2014 at 03:36:26 PM Fee Amt: $0.00 Page 1 of 3 Dubuque County Iowa Kathy Flynn Thurlow Recorder Fi1e2014-00001330 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name Dubuque Fire Equipment, Inc. Address 420 Garfield Avenue Dubuque Iowa 52001 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name City of Dubuque, Iowa Address 50 West 13th Street Dubuque Iowa 52001 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: 420 Garfield Avenue 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) )( 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) X There is no known solid waste disposal 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. Hazardous Wastes (check one) There is no known 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) _ 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.) 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) dO -9070 5. Pri ate Burial Site (check one) 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: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: T ns ror or Agent) �"4'"`° Telephone No.: c5---6,3 tc a'2- • FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) Addendum 1. Lot 1 of Lot 1 of Lot 11, and Lot 2 of Lot 11, in East Dubuque, an Addition to the City of Dubuque, Iowa; Lot 2 of Lot 1 of Lot A of Mineral Lot 100; Lot 1 of Lot 2 of Mineral Lot 106; and Lot 2 of Lot 1 of Lot 2 of Lot 2 of Mineral Lot 106; in the City of Dubuque, Iowa, according to the respective recorded Plats thereof m 11 11 ilii 111111 11 u Doc ID 008158270006 Type GEN Kind CORRECTION DEED Recorded: 12/17/2014 at 01:55:52 PM Fee Amt: $47.00 Page 1 of 6 Revenue Tax: $0.00 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2014-00014170 iEEl1ii i'1111111 1 I' II Doc ID 008074440006 Type GEN Kind: DEED WITH RESOLUTION Recorded: 08/19/2014 at 03:35:50 PM Fee Amt: $267.00 Page 1 of 6 Revenue Tax: $220.00 Dubuque County'Iowa Kathy Flynn Thurlow Recorder File2014-00009090 Warranty Deed (Corporate/Business Entity Grantor) THE IOWA STATE BAR ASSOCIATION ss Official Form #335 °cine Recorder's Cover Sheet 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: Dubuque Fire Equipment, Inc. City of Dubuque, Iowa Legal description: See Page 2 Document or instrument number of previously recorded documents: © The Iowa State Bar Association 2005 IOWADOCS® vv isoo CityClerk THE IOWA STATE BAR ASSOCIATION Official Form No. 335 Maureen A. Quann FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER clA.1s° For the consideration valuable consideration, Dubuque Warranty Deed (Corporate/Business Entity Grantor) of one Dollar(s) and other Fire Equipment, Inc. a(n) Corporation organized and existing under of Dubuque Towa the laws of Iowa does hereby Convey to the City the following described real and Dubuque, Iowa; Mineral Lot 100; Gam, Lot 106; and Lot 2 of Mineral Lot 106; according to the respective covenants with grantees, that it has good and lawful clear of all liens and encumbrances, Defend the real estate herein, including acknowledgment to the context. estate Lot and authority against Fire in Dubuque County, Iowa: Lot 1 of Lot 1 of Lot 11, Lot 2 of Lot 11, in East Dubuque, an Addition to the City of Lot 2 of Lot 1 of Lot A of Lot 1 of Lot 2 of Mineral Lot 2 of Lot 1 of Lot 2 of in the City of Dubuque, Iowa, The grantor hereby estate by title in fee simple; the real estate is free and covenants to Warrant and may be above stated. Words and phrases gular or plural number, according Dated: int l'�f ryti 12-,tl 12Di+ ' � �„ `�. 2 O Lai -A > recorded Plats thereof successors in interest, that it holds the real to sell and convey the real estate; that except as may be above stated; and it the lawful claims of all persons, except as hereof, shall be construed as in the sin- Equipment, Inc. , tr STATE OF IOWA , COUNTY Dubuque a(n) OF Iowa Corporation By Thomas J. Blaser, President r By •, /. .rr // Margare M. Blaser, Vice President Dubuque , 2D 4 , This record was acknowledged before me on this by Thomas J. Blaser 14+h day of as President of Dubuque Fire Equipment, Inc. ���,r' r� o otary Public - . ,AUREEN A Q.:..,' -N Corn ion er 769 01 My Com, a'"o o`D _ ',„.. MAUREEN A. QUANN Commission Nu er 76.4 01 My Comm. Exp.' Z r ,... a ..... © The Iowa State Bar Association 2013 335 WARRANTY DEED (CORPORATE/BUSINESS ENTITY DEED) IOWADOCS® Revised August 2013 STATE OF IOWA , COUNTY OF Dubuque This record was acknowledged before me this IRf%day of- , 2D1+ by Margaret M. Blaser as Vice President of Dubuque Fire Equipment, Inc. STATE OF MAUREEN A. QUANN Commission Number 7694 My Comm. Exp. - 2 , COUNTY OF Signature of Notary Public 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 Preparer: Barry A. Lindahl, Esq, Suite 330, Harbor View Place, 300 Main Street, Dubuque, IA 52001 (563) 583-4113 Return to Kevin Firnstahl, City Hall, 50 W. le St., Dubuque, IA 52001, (563) 589-4121 RESOLUTION NO. 208-14 RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY THOMAS J. BLASER AND MARGARET M. BLASER, D/B/A DUBUQUE FIRE EQUIPMENT, INC., 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 (Project) for stormwater mitigation activities as recommended in the 2001 "Drainage Basin Master Plan" and as amended in 2013; and Whereas, the Project requires the reconstruction of storm sewer along 19th Street adjacent to certain real estate owned by Thomas J. Blaser and Margaret M. Blaser (the Owners); and Whereas, the Owners of this certain real estate approached the City of Dubuque voluntarily and proposed that the City of Dubuque acquire the certain real estate legally described as follows (the Property): Lot 1 of Lot 1 of Lot 11, and, Lot 2 of Lot 11, in East Dubuque, an Addition to the City of Dubuque, Iowa; Lot 2 of Lot 1 of Lot A of Mineral Lot 100, and, Lot 2 of Lot A of Mineral Lot 100; Lot 1 of Lot 2 of Mineral Lot 106; and Lot 2 of Lot 1 of Lot 2 of Lot 2 of Mineral Lot 106; all in the City of Dubuque, Iowa, according to the respective recorded Plats thereof Whereas, acquisition of the Property would facilitate construction of the 19th Street storm sewer improvements to be constructed as part of Project; and Whereas, acquisition of the Property would provide right-of-way for the hike/bike trail to be constructed as part of the Project; and Whereas, acquisition of the Property would allow for better access to the existing public storm sewer that currently runs beneath the building on the Property; and Whereas, it is in the best interest of the City of Dubuque to acquire the Property; and Whereas, the acquisition of this real estate is a voluntarily negotiated purchase by the City of Dubuque under Section 6B.1A of th 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, an Offer to Buy Real Estate and Acceptance has been finalized with the Owners of the Property and an Acknowledgment of Voluntary Negotiation has been executed by the Owners. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the Offer to Buy Real Estate and Acceptance attached hereto. 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 Attorney 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 Attorney 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 21st day of 'July, 2014. Attest: Ierk Kevii A irnstah , fi Roy D. Buo) Mayor CERTIFICATE of the CITY CLERK STATE OF IOWA 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, 208-14 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 22nd day of July, 2014. Jar Kevin. irnstahl, C Clerk