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Eagle Point No. 2 final platMEMORANDUM March 13, 2002 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Eagle Point No. 2 Final Plat When the Mayor and City Council last considered this sale of City property to the abutting property owners John Duccini, Clint Johnson and Mike Schmaltz, there was an objection from Mr. Duccini to the way the property was divided up. The Council asked that Mr. Johnson and Mr. Duccini participate in mediation. Mr. Johnson has refused to participate in the mediation process. Since then, Mr. Duccini has asked that I visit the site with him and Gil Spence to further listen to his position on where the lines should be drawn, and about some potential drainage problems that exist out there. I respectfully request that the Mayor and City Council table this item until the April 1, 2002 meeting, so I can further investigate the concerns. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager February 14, 2002 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 RE: Final Plat Applicant: City of Dubuque Location: End of Rhomberg Avenue Description:Final Plat of Eagle Point No. 2 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 Leisure Services Manager Gil Spence spoke in favor of the request, indicating that the property is of no practical use to the City and that the adjacent property owners are interested in the expanding their operations. Staff reviewed the plat, noting that Lot 4 will be retained by the City. The Zoning Advisory Commission discussed the request, noting that waiving of the lot frontage requirement will not adversely impact adjacent property and adequate access is provided to each of the lots. Recommendation By a vote of 7-0, the Zoning Advisory Commission recommends that the City Council approve the request subject to waiving the lot frontage req uirement for Lots 1, 2.3 and 4. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Eugene Bird, Jr., Chairperson Zoning Advisory Commission Attachments Preparer: Laura Carstens. Planning Services Manager Address: 50 W. 13th Street. Teleohone: 589-4210 RESOLUTION NO - 02 RESOLUTION APPROVING THE FINAL PLAT OF EAGLE POINT NO. 2 N THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a final plat of Eagle Point No. 2 in the City of Dubuque, Iowa; and Whereas, said plat provides Lots 1, 2. 3 and 4 with 0 feet of lot frontage, where 60 feet of lot frontage is required; and Whereas. said final plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas. said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lots 1, 2, 3 and 4 to have 0 feet of lot frontage where 60 feet of lot frontage is required. Section 2. That the final plat of Eagle Point No. 2 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Passed, approved and adopted this day of , 2002. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk CITY OF DUBUQUE, IOWA MEMORANDUM January 30, 2002 TO: Zoning Advisory Commission FROM: Guy Hemenway, Assistant Planner SUBJECT: Final Plat of Eagle Point No. 2 INTRODUCTION The City of Dubuque has submitted a plat for Lots 1 through 4 of Eagle Point No. 2. The City of Dubuque Planning Services and Engineering Departments have reviewed the final plat. DISCUSSION The submitted final plat of Lots 1 through 4 for Eagle Point No. 2 subdivides an existing 4.29-acre land-locked parcel into four lots. The existing parcel was sandwiched between the steep quarry walls beneath Eagle Point Park and the back of three business properties along Rhomberg Avenue. The existing lot has no frontage on a City street. Lot 1 is 2.45 acres and will be sold to C.R. Boats. Lot 2 is 15,400 square feet and will be sold to John and Tom Duccini. Lot 3 is 9,332 square feet and will be sold to Mike Schmaltz. Lot 4 will remain City property. The City is also vacating the former Kimball Street, which is 7,200 square feet, to Mike Schmaltz. All four lots created by the subdivision are substandard in that they have no frontage along public right-of-way. Historically, the property behind the businesses along Rhomberg Avenue was difficult to access and underutilized. When approached by property owners along Rhomberg Avenue, the City agreed to plat and sell the property behind each respective business, and retain Lot No. 4 which is a sliver of property that constitutes the toe of the bluff to the top of the bluff. Therefore, the City will maintain control of the bluff itself. This will enable the City to vacate property that is difficult to access and maintain and will also enable property owners to expand their businesses at the back of their lots up to the bluff's edge. City of Dubuque Leisure Services Manager Gil Spence has written a memo regarding the replat and vacation of this property. RECOMMENDATION Although none of the four lots subdivided have frontage, Lots 1, 2 and 3 will be accessed from the existing businesses, which have access from Rhomberg Avenue. Lot 4 will become by default portion of Eagle Point Park. Therefore, access to these lots should not be an issue. Staff recommends that the Zoning Advisory Commission approve the replat, waiving Section IV, Lot Frontage. GH/mkr City of Dubuque Planning Sen,ices Oepartmen Dubuque lA 52001-486 Phone: 319-589-421( Fax: 319-589-414E r~ Variance r~ Conditional Use Permit :3 Appeal [3 Special Exception [] Limited Setback Waiver PLANNING APPLICATION FORM [] Rezoning m Planned District o Preliminary Plat [3 Minor Final Plat ,~,,Text Amendment :3 Simple Site Plan [] Minor Site Plan o Major Site Plan [3 Major Final Plat [] Simple Subdivision ~3 Annexation n Temporary Use Permit r~ Ceri~cate of Appropriateness D Cer'dficate of Economic Hardship ~ Ob~er. PLEASE TYPE OR PRINT LEGIBLY IN INK Address: .~t3 ,v(J I.'~_'~-~ "~'T City:, Fax Number. Apprmant/Agent: ~L. _<-~ ~'~.1.1 ~ Address: Fax Numbe~. Site location/address: Mobile/Cellular Number. City: State: Mobile/Cellular Number:. Phone:~ { State: ~ ~ Zip:_~_..Q.~/~ Phone: Zip: Existing zoning: '[~.~_.~_~mposed zoning: ~[,,b,.--~ Historic district: ~ Landmark: Legal description (Sidwali Parcel ID number or lot number/bicck number/subdivision): Totel property (Iot) area (square feet or acres): b~g. ~ ~.. Number of lots: Descdbe pmpceai and reason neceesary (attach a ~etter of explanation, if n~eded): T~ CERTIFICATION: l/we, the undersigned, do hereby certify that: The information submitted herein is b'ua and correct to the best of my/our knowledge and upon submittal becomes public record; Fees are not refundable and payment does not guarantee approval; and All additional required wri'd~n and graphic materials are attached. Property Owner{s}: - .,~,ppiicant/Agent Date:. FOR OFFICE U~E ONLY -APPLICATION SUBMr]FTAL CHECKLIST [] Pmpe~ o~emhip li~ ~ Sit~sk~h p~ ~ Root plan ~t D Con~p~al deve~pment plan ~ lmpmvem~t plans ~ ~sign m~w ~j~ d~cdption ~ Pho~ ~ O~e: FINAL PLAT EAGLE POINT NO. 2 N 'i'HE CiTY OK DUBUQUE, IOWA -DESCRIP~ON: LOT 2--1--; LOT 2-1-1-1, LOT 2-1-1-1-1, AND LOT 2--1-1-1--:~--1 ALL OF MINERAL LOT $05A IN THE CITY OF DUBUQUE., IOWA LOT' J LOT I 2.450 293~622 LOT 2 0.587 16,844 LOT 3 0.2'~ 4 LOT ~- 1.23g 53,980 TOTAL 4.290 12'52'15' 50.38' N 8g'42'22' W N 2435 LOT 2 I GRAPHIC SCALE 0 IDB 200 (IN ~ DRAWING MaY HAVE ~3~ REDUCED Preparer: Laura Carstens, Plannin¢l Services Manager Address: 50 W, 13th Street. Telephone: 589-4210 RESOLUTION NO. - 02 RESOLUTION APPROVING THE FINAL PLAT OF EAGLE POINT NO. 2 IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a final plat of Eagle Point No. 2 in the City of Dubuque, Iowa; and Whereas, said plat provides Lots 1, 2, 3 and 4 with 0 feet of lot frontage, where 60 feet of lot frontage is required; and Whereas, said final plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lots 1, 2, 3 and 4 to have 0 feet of lot frontage where 60 feet of lot frontage is required. Section 2. That the final plat of Eagle Point No. 2 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat. Passed, approved and adopted this day of , 2002. Attest: Terrance M, Duggan, Mayor Jeanne F. Schneider, City Clerk City of Dubuque Planning Services Depadment Dubuque IA 52001-4864 Phone: 319-589-4210 Fax: 319-589-4149 [] Vadance [] Conditional Use Permit [] Appeal [] Special Exception [] Limited Setback Waiver PLANNING APPLICATION FORM a Rezoning [] Planned Distdct [] Preliminary Plat [] Minor Final Plat .~skText Amendment [] Simple Site Plan [] Minor Site Plan [] Major Site Plan [] Major Final Plat [3 Simple Subdivision [] Annexation [3 Temporary Use Permit r~ Certificate of Appropriateness [] Certificate of Economic Hardship [] Other. PLEASE TYPE OR PRINT LEGIBLY IN INK PropertyOwner(s): ~.tT-.~. ~' Address: .~¢3 ~ I."%T~ ~,'[' City: Fax Number. Mobile/Cellular Number: Phone: State: ~. ~ zip:_~.~p__qL Applicant/Agent: ~ L.. _~-~ r~'~.k&~ Phone: Address: City: State: Zip: __ Fax Numben Mobile/Cellular Number. Site location/address: Existing zoning: 'J~.L_~.~[..~roposed zoning: t.J.J~-- Histodc district: ~ Landmark: Legal description (Sidwell Pamel ID number or lot number/block number/subdivision): L-.~'....% I -- Total property (lot) area (square feet or acres): ll~. ~ A.E_~_.~?~ Number of lots: Descdbe proposal and reason necessary (attach a letter of explanation, if needed): .-T'i~ .%[.JJ~s=,lv* i ~'~' CERTIFICATION: I/we, the undersigned, do hereby certi~ that: The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; Fees are not refundable and payment does not guarantee approval; and All additional required written and graphic materials are attached. Property Owner(s): / Date: FOR OFFICE USE ONLY - APPLICATION SUBMITTAL CHECKLIST Fee: t-.--J-~ Received by: /_...~,~'~ Date: ~ 17-.-~ / ~37----- Docket: [] Property ownership list [] Site/sketch plan [] Floor plan ~.Jat [] Conceptual development plan [] Improvement plans [] Design review project description [] Photo [] Other. FINAL PLAT EAGLE POINT NO. 2 IN THE CITY OF DUBUQUE, IOWA DESCRIPTION: LOT 2-1-1, LOT 2-t-1-1, LOT 2-t-1-1-1, AND LOT 2-1-1-1-'[-1 ALL OF MINERAL LOT 305A IN THE CITY OF DUBUQUE, IOWA LOT 1-1-1-I-1--1-1-ML $05A . S ~ ! LOT 2--2-ML 5{35A LOT 3 LOT 4 1.2~9 53,980 ~ K/ . ~ / ,~ ~/ ~ / l--2 S 04~7'52" W 59 95' ~~0~¢ NO CAPJ~ ~ .I ' N 12'52'15" W NO~ NORTH (mN FEET) S~DES, RESERVA~S. RES~IC~ONS AND DRA~NG MAY RA~ BEEN REDUCED JOHN M. ~ ~ 4155 p~.,~.]~ A~. Dubuque. iA 52002 CITY OF DUBUQUE, IOWA MEMORANDUM January 30,2002 TO: FROM: SUBJECT: Zoning Advisory Commission Guy Hemenway, Assistant Planner Final Plat of Eagle Point No. 2 INTRODUCTION The City of Dubuque has submitted a plat for Lots 1 through 4 of Eagle Point No. 2. The City of Dubuque Planning Services and Engineering Departments have reviewed the final plat. DISCUSSION The submitted final plat of Lots 1 through 4 for Eagle Point No. 2 subdivides an existing 4.29-acre land-locked pamel into four lots. The existing parcel was sandwiched between the steep quarry walls beneath Eagle Point Park and the back of three business properties along Rhomberg Avenue. The existing lot has no frontage on a City street. Lot 1 is 2.45 acres and will be sold to C.R. Boats. Lot 2 is 15,400 square feet and will be sold to John and Tom Duccini. Lot 3 is 9,332 square feet and will be sold to Mike Schmaltz. Lot 4 will remain City property. The City is also vacating the former Kimball Street, which is 7,200 square feet, to Mike Schmaltz. All four lots created by the subdivision are substandard in that they have no frontage along public right-of-way. Historically, the property behind the businesses along Rhomberg Avenue was difficult to access and underutilized. When approached by property owners along Rhomberg Avenue, the City agreed to plat and sell the property behind each respective business, and retain Lot No. 4 which is a sliver of property that constitutes the toe of the bluff to the top of the bluff. Therefore, the City will maintain control of the bluff itself. This will enable the City to vacate property that is difficult to access and maintain and will also enable property owners to expand their businesses at the back of their lots up to the bluff's edge. City of Dubuque Leisure Services Manager Gil Spence has written a memo regarding the replat and vacation of this property. RECOMMENDATION Although none of the four lots subdivided have frontage, Lots 1, 2 and 3 will be accessed from the existing businesses, which have access from Rhomberg Avenue. Lot 4 will become by default portion of Eagle Point Park. Therefore, access to these lots should not be an issue. Staff recommends that the Zoning Advisory Commission approve the replat, waiving Section IV, Lot Frontage. GH/mkr CITY OF DUBUQUE, IOWA MEMORANDUM TO: Zoning Advisory Commission FROM: Gil D. Spence, Leisure Services Manager SUBJECT: Sale of Land along Rhomberg Avenue January 4, 2002 INTRODUCTION The purpose of this memorandum is to request Zoning Advisory Commission approval of the plat for property along Rhomberg Avenue that the City hopes to sell to the adjoining property owners. DISCUSSION This property is located along the 2700 block of Rhomberg Avenue between the bluff and the properties on the west side of Rhomberg Avenue, under Eagle Point Park. In 1995, Mr. John Duccini (2705 Rhomberg Avenue) contacted me asking to purchase this property. He and son Tom had purchased the Old Eagle Point Fun Land property and he wanted to purchase this City property to enlarge his property. His neighbor, Mike Schmalz (2701 Rhomberg Avenue) was interested in purchasing the property adjacent to his to expand his business, since he had used this property for years. When the request was made, I did not realize this was City owned land and was actually a part of the Eagle Point Park boundaries. The property has no value to the park or to the City so I continued to discuss the possible sale to Mr. Duccini and Mr. Schmalz. At this time the City wanted to consider moving the water distribution operation to this location so my discussions with Mr. Duccini and Mr. Schmalz were halted. . After it was determined not to move the water distribution operation to this location, discussions reopened with Mr. Duccini, Mr. Schmalz and'~Mr. Clint Johnson who had purchased part of Mr. Duccini's property for his business, C.P~. Boats, Inc: continued Rhomberg Avenue, page two Lot 1 is 107,150 sq. ft. and would be sold to C.R. Boats; Lot 2 is 15,400 sq. ft. and would be sold to John and Tom Duccini; Lot 3 is 8,400 sq. ft., Kimball Street is 7,200 sq. ft. and would be sold to Mike Schmalz; Lot 4 would remain City property. ACTION STEP The action requested is that the Commission approve the plat. GDS:et planning Services Department City HaU 50 West 13th Street Dubuque, Iowa 520014864 (563) 5894210 office (563) 5894221 fax planning@cityoffiubuque.org February 11, 2002 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 RE: Final Plat Applicant: City of Dubuque Location: End of Rhomberg Avenue Description: Final Plat of Eagle Point No. 2 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 Leisure Services Manager Gil Spence spoke in favor of the request, indicating that the property is of no practical use to the City and that the adjacent property owners are interested in the expanding their operations. Staff reviewed the plat, noting that Lot 4 will be retained by the City. The Zoning Advisory Commission discussed the request, noting that waiving of the lot frontage requirement will not adversely impact adjacent property and adequate access is provided to each of the lots. Recommendation By a vote of 7-0, the Zoning Advisory Commission recommends that the City Council approve the request subject to waiving the lot frontage requirement for Lots 1, 2, 3 and 4. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Eugene' Bird, Jr., Chairperson Zoning Advisory Commission Attachments Sexvice People Integrity Responsibility Innovation Teamwork Brian $. I~La~e Gary K. Norby Les V. Reddick* D. Flint Drake** Brad J. Heying Todd L. Stevenson* MaryBeth Pfeiler Salmon Mary A. Cherba Kevin T. Deeny KANE, NORBY & REDDICK, P.C. ATTORNEYS 2100 ASBURY ROAD, SUITE 2 DUBUQUE, IA 52001-3069 Of Counsel: Louis P. Pfeiler Ail admitted in Iowa *Also admitted in Illinois **Also admitted in Wisconsin Phone: (563) 582-7980 Facsimile: (563) 582-5312 E-mall: BKane~KaneNorbylaw.com Ms. Jeanne F. Schneider, City Clerk City Clerk's Office 50 West 13~ Street Dubuque, IA 52001 March 7, 2002 © RE: CLINT V. JOHNSON/REAL ESTATE PURCHASE/CITY OF DUI~IQU~ Dear Jeanne: We are counsel for Mr. Clint V. Johnson and have been retained to represent him in connection with his purchase of certain real estate adjacent to his property owned by the City of Dubuque (below Eagle Point Park) which he has agreed to purchase. By this letter we request that Mr. Johnson's purchase of the real estate as described in the enclosures to this letter be included on the next City Council meeting agenda (i.e. March 18, 2002). Mr. Johnson desires that any and all action needed to be taken by the City in order to approve of his acquisition of the real estate be on the agenda, or that the process be commenced so that, in the relatively near future, he can consummate his acquisition. For your reference, we enclose a copy of our letter to Corporation Counsel Barry Lindahl dated February 25, 2002, along with the enclosures therein. Mr. Johnson is ready, wiling and able to consummate his purchase of the real estate he has agreed to purchase. Thank you for your attention to this matter. Best regards, BJK:db Enclosures Copy To: Mr. Barry A. Lindahl Mr. Clint V. Johnson Brian J. Kane Gary K. Norby Les V. Reddick* D. Flint Drake** Brad J. Heying Todd L. Stevenson* MaryBeth Pfeiler Salmon Mary A. Cherba Kevin T. Deeny KANE, NORBY & REDDICK, P.C. ATTORNEYS 2100 ASBURY ROAD, SUITE 2 DUBUQUE, IA 52001-3069 Of CounseI: Louis P. Pfeiler Ali admitted in Iowa *Also admitted in Illinois **Also admitted in Wisconsin Phone: (563) 582-7980 Facsimile: (563) 582-53t2 E-mail: B Kane@KaneNorbylaw.com February25,2002 VIA FACSIMILE 583-1040 AND REGULAR MAIL PERSONAL AND CONFIDENTIAL Mr. Barry A. Lindahl Attorney at Law 300 Main Street Suite 330 Harbor View Place Dubuque, IA 52001 RE: CLINT V. JOHNSON/C.R. BOATS/CITY OF DUBUQUE REAL ESTATE PURCHASE Dear Barry: We are counsel for Mr. Clint V. Johnson and C.R. Boats, Inc. As you may recall, we conferred with you recently regarding this matter and advised you that our client's position was that he had a purchase contract with the City to acquire certain real estate below Eagle Point Park which abuts his property and that he was ready, willing and able to proceed and expected to close soon. He has now provided us with a copy of various correspondence from Mr. Gil D. Spence, Leisure Services Manager, for the City. These letters are dated December 4, 2000, January 30, 2001, June 25, 2001, November 6, 200t and January 4, 2001. As we see it, these letters represent written documentation of the City's desire to sell Lot 1 (as shown in the January 30, 2001 letter) to C.R. Boats, Inc. The June 25, 2001 letter sets out the purchase price of $5,000.00, which our client is ready, willing and able to pay for said Lot 1 without condition. The November 6, 2001 letter indicates that the City had preliminarily approved of the sale and that the City is moving ahead with the sm'eying and platting necessary in order to accomplish the sale. Our client, of course, is ready, willing and able to contribute to the surv-ey at the cost as indicated in that letter. Our client is additionally ready, w411ing and able to pay the filing fee. 2200 Bunker Hill Road Dubuque, Iowa 52001-3010 (563) 589 4263 office (563) 589 4391 fax January 4, 2002 Mr. Clint Johnson C.R Boats, Inc. 2711 Rhomberg Avneue Dubuque, iowa 52001 Dear Clint: The survey has been completed on the property on Rhomberg Avenue that you want to purchase. Our Engineering and Legal staff is completing the necessary documents for me to process through the City Council. I hope to follow this schedule: February 'iath: City Council to approve the plat and set a public hearing on the plat and disposing of the property. March 4th: City Council will hold the public hearing and approve the sale. After the City Council approves the sale, the City Clerk will hold the plats until you stop in and pay your share of the survey fee ($1,000), filing fee ($75), and the purchase price ($5,000). need to know from you, as soon as possible, the name(s) that are to ,.~,~ u ,~. ~. Please calf ..... *~ ~ .. ...... ur ,,r,,= a~ so,,,, ~o you ~,~, ,. Let me know if you have any questions. Sincerely, Gil D. Spence Leisure Services Manager GDS:et Leisure Services Department 2200 Bunker Hill Road Dubuque, Iowa 52001-3010 Phone (319) 589-4263 Fax (319) 589-4391 DUBUQU June 25,2001 C. R. Boats, Inc. Attn: Mr. Clint V. Johnson 2711 Rhomberg Avenue Dubuque, Iowa 52001 Dear Clint: The purpose of this letter is to inform you that I am moving forward with the process to sell the City property along Rhomberg Avenue you have expressed an interest in purchasing. The following offers were received: Lot 1 C.R. Boats $ 5,000 Lot 2 Duccini $ 3,850 Lot 3 and Kimball Street Schmalz $ 2,450 All three property owners agree to split the cost of the survey and the following three conditions: · The City would not be responsible for rocks and other items falling from the bluff. · The City would not be responsible for water runoff from the bluff. · The City may want a maintenance easement. I have done some research on the issue of water runoff from one property to another and the Planning Services Department informs me that one property owner can not cause water runoff to someone else's property. Zoning regulations will apply to all three properties and will govern what is allowed on that property. My hope is that all three properties will be kept in a neat and orderly manner. continued Service People Integrity Responsibility Innovation Teamwork GDS:jlr wi;! recomme ~be sola to the ad~- n.d to the City Ma-- - Page two rfas chan~,~..~ , J,~cent pro,,e~,- ,,dge~ and m,, ~ 13t~ ~ ,..:,,,,~u, ~et me kno..~ ~ OWners for th~ ~'~ ~OUncit that *~,- ' ' ~'~ assume uo. ~,,,'" ~r. I do not he ~ ~.~rered amount ,,,~ Prope~y , -o,,,, want to PUrChase~RYthi~g fro~ yO~ ~¢t ~r. Position e PropeRy. Y ~naay, July Sincerely, Gil D. Spence Leisure Services Manager Leisure Services Department 2200 Bunker Hill Road Dubuque, Iowa 52001-3010 Phone (319) 589-4263 Fax (319) 589-4391 December 4, 2000 C.R. Boats, Inc. Attn: Clint V. Johnson 2711 Rhomberg Avenue Dubuque, Iowa 52001 Dear Mr. Johnson: I have approval to proceed with negotiations to explore the sale of the property next to your business. Tom Duccini will be contacted to test his interest in purchasing any of the property. Bob Green from the Water Department had an appraisal done of property in this area by Luksetich Appraisal, Inc., in September 1999, that set the value of the property at $2.00 per sq. ft. I would suggest that as the sale price. There are two conditions I would like to place on the sale: The City have a maintenance easement along the bluff. The City will not assume any liability for rocks falling or water runoff from the bluff. tO hear from you before proceeding to the Gil D. Spence Leisure Services Manager GDS:jlr Service People Integrity Responsibility Innovation Teamwork Leisure Services Department 2200 Bunker Hill Road Dubuque, Iowa 52001-3010 (563) 5594263 office (563) 5894391 fax November 6, 2001 Mr. Clint Johnson C.R. Boats, Inc. 2711 Rhomberg Avenue Dubuque, Iowa 52001 Dear Clint: The City Council has given preliminary approval to sell the land on Rhomberg Avenue, so we are moving forward with the survey. When the survey is completed, the Planning Commission will need to approve the new plat. My hope is that the survey can be completed to allow me to be placed on the January commission agenda. After commission approval is given, The City Council must conduct a public hearing. I hope this public hearing and approval of the sale can be placed on the February 18, 2002, City Council agenda. IIW Engineers will conduct the survey at a cost not to exceed $3,000. You and the other two buyers have agreed to reimburse the City for the cost of the survey. I will send you an invoice for one third of the cost once IIW bills me. I will stay in touch; sorry this has taken so long. Sincerely, G/¢¢~il D .'Yp eS e~n cn ce Leisure Services Manager GDS:et Leisure Services Department 2200 Bunker Hill Road Dubuque, Iowa 52001-3010 Phone (319) 5894263 Fax (319) 5894391 L)UI3UQUE Januaw 30,2001 Mr. Glint V. Johnson C.R. Boats, Inc. 2711 Rhomberg Avenue Dubuque, Iowa 52001 Dear Glint: Enclosed is a drawing of the City property along Rhomberg Avenue you have expressed an interest in purchasing. Lot I would be sold to C.R. Boats, Lot 2 to Tom Duccini, and Lot 3 plus Kimball Street to Schmalz Precast Concrete; Lot 4 would remain City property. After we agree on a sale price and have approval of the City Council we would need to hire IIW to do a survey and prepare a plat. The cost estimate for this survey is $2,500 to $3,000 and would be split between the three parties making the purchase. I would like to complete this process by mid-April, before the leaves are on the trees. There are also a few conditions I would want included on the deed: · The City would not be responsible for rocks and other items falling from the bluff. · The city would not be responsible for water runoff from the bluff. · The City may want a maintenance easement. Please review the enclosed drawing and make me a purchase offer by February 16th. I look forward to hearing from you. Sincerely, ~i~. Spence Leisure Services Manager GDS:et enclosure Service People Integrity Responsibility Innovation Teamwork 01 11:16AM 31958917JB CITY OF DBQ-ENG D[V'[sion (9~oo6-o9) NO. 0p39. P. i w/riP ~ ,'rT~ SUBD, OF M.L..305A - 43 %%. 5 ~o~ ~ ~ ~on~ ~ P. Oi , TRANSACTION REPORT ~ FEB-25-2002 NON 04:28 PN ~ DATE ST~T RECEIVER TX TINE PAGES TYPE NOTE Ne DP * * FEB-25 04:27 PM 5831040 48" 2 SEND OK 144 * ~ TOTAL: 48S PAGES: 2 ~ Brian J. Kano Gary K, Norby Les V. R6xtdick* D. Fllnt Drake** Br~t J, Heylng Todd L. Stevenson* MaryBeth Pfeiler Salmon Mary A, Ch~ba Kevin T. Dceny All admitted in Iowa *Also admitted in Illinois *'Also admitted in Wisconsin ~, NORBY & REDDICK, P.C, ATTORNBYS 2100 ASBUKY ROAD, SUITE 2 DUBUQUE, IA 52001-3069 Of Counsel Louise Pfeiler Phone: (563) 582-7980 Facsimile: (563) 582-53t2 E-mail: BKane~KaneNorbylaw,eom Febmary25,2002 VIA FACSIMII,E 583-1040 AND REGULAR MAIL PERSONAL AND CONFIDENTIAL Mr. Barry A. Lindahl Attorney at Law 300 Main Street Suite 330 Harbor View Place Dubuque, IA 52001 lo1~. F,f .INT ¥_ JCIHNgON/C.R. BOATS/CITY OF DUBUQUE REAL ESTATE PURCHASE