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Property Acquisition - Morrison Brothers' Washington St. Properties Copyright 2014 City of Dubuque Action Items # 4. ITEM TITLE: Property Acquisition - Morrison Brothers' Washington Street Properties SUMMARY: City Manager recommending approval to acquire property on Washington Street between E. 24th Street and E. 25th Street from Morrison Brothers required for the Bee Branch Creek Restoration Project. RESOLUTION Approving the acquisition of real estate owned by Morrison Brothers in the City of Dubuque SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Property Acquisition from Morrison Brothers-MVM City Manager Memo Memo Staff Memo Staff Memo Resolution Resolutions Offer to Buy Supporting Documentation Exhibit Supporting Documentation THE CITY OF Dubuque U E I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Bee Branch Creek Restoration Project, Property Acquisition, Morrison Brothers on Washington Street between E. 24th Street and E. 25th Street CI P 7201654 & 3401654 DATE: March 17, 2016 City Engineer Gus Psihoyos recommends City Council approval to acquire property on Washington Street between E. 24th Street and E. 25th Street from Morrison Brothers required for the Bee Branch Creek Restoration Project. In December of 2001, the City Council formally adopted the Drainage Basin Master Plan prepared by HDR Engineering. Based on the study, approximately 1,150 homes and businesses in the Bee Branch watershed are at risk of flood damage. Acquisition of the Property will allow for the complete removal of Washington Street between 24th and 25th Street and the removal of the alley that runs from 24th to 25th Street between Washington Street and Elm Street, all of which would result in the elimination of more impervious land cover than what would have been achieved through the reconstruction of the alley as a "green", pervious alley. This would also result in the elimination of the continued costs associated with maintaining the paved street and alley surfaces. Additional cost savings would also be realized in that soil excavated as part of the creek construction project could be placed as fill over Washington Street between 24th and 25th Street versus hauling the material off site. Ultimately, following completion of the Bee Branch Creek Restoration Project, the additional green, pervious green space created by the removal of the acquired properties would be utilized to expand the limits and function of Comiskey Park. Acquiring the Property would result in an estimated $70,000.00 in savings to the City. This is based on $350,000 in savings realized by eliminating the green alley and public utilities improvements that would serve the lots along Washington Street offset by the costs associated with purchasing and clearing the Morrison Brothers property and the recently acquired Chamberlain properties on Washington Street between 24th and 25th Streets. The terms of the Offer to Buy Real Estate and Acceptance are: 1 . Morrison Brothers will, immediately, deed the residential lots to the City, as is, with no cash outlay by the City. Morrison Brothers and the City will attempt to negotiate a larger deal involving Morrison Brothers' industrial property on 24h Street and City industrial site property. 2. A larger purchase agreement document will govern the property swap, including terms such as utilizing 1031 exchange for the industrial 24h Street property, environmental indemnification, historic building considerations, etc. 3. If the City and Morrison Brothers are unable to come to terms on a property swap by September 1 , 2016, then either party may terminate the deal, but then the City would pay $120,000.00 to Morrison Brothers, which would be considered the compensation for the Washington Street residential lots. I concur with the recommendation and respectfully request Mayor and City Council approval. A&nt-- 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 2 THE CITY OF f,� Dubuque DUtB E AN-AwleaC KY Masterpiece on the Mississippi 2007:2012.2013 TO: Michael C. VanMilligan FROM: Gus Psihoyos, City Engineer SUBJECT: Bee Branch Creek Restoration Project, Property Acquisition, Morrison Brothers on Washington Street between E. 24th Street and E. 25th Street CIP 7201654 & 3401654 DATE: March 16, 2016 INTRODUCTION The purpose of this memorandum is to request City Council approval to acquire property on Washington Street between E. 24th Street and E. 25th Street from Morrison Brothers as required 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 Street to 24th and Washington Street, establishing the properties to be acquired for the Bee Branch Creek Restoration Project. In May of 2011 the City Council authorized the purchase of four additional properties at the confluence of Comiskey Park, the Heritage Trail, and the Bee Branch Project. It was important to address the safety of pedestrians that will travel between the three attractions. The additional property was required to create a safer, attractive connection between Comiskey Park, the Heritage Trail, and the linear park that is the Bee Branch Creek Restoration Project. In August of 2015, the City Council adopted Resolution 291-15 authorizing the acquisition of 2442-2446 Washington Street and 2450 Washington Street for the Bee Branch Creek Restoration Project. In December of 2015, the City Council adopted Resolution 440-15 establishing the fair market value of the property owned by Morrison Brothers on Washington Street between E. 24th Street and E. 25th Street at the appraised value of $98,000.00 and authorized the City Manager to begin negotiations to acquire the property required for the Bee Branch Creek Restoration Project. DISCUSSION When discussing the City's interest in their residential property in the 2400 block of Washington Street, Morrison Brothers' representatives communicated to the City that they were interested in exploring the possibility of swapping both their residential lots sought by the City, and their adjacent industrial property on Elm Street for City industrial site property. The attached Exhibit A shows the subject Morrison Brothers' residential and industrial property. Attached is a signed Offer to Buy Real Estate and Acceptance (the Offer) for the Morrison Brothers' residential property. The Offer outlines that: 1. Morrison Brothers will, immediately, deed the residential lots to the City, as is, with no cash outlay by the City. Morrison Brothers and the City will attempt to negotiate a larger deal involving Morrison Brothers' industrial property on 24th Street and City industrial site property. 2. A larger purchase agreement document will govern the property swap, including terms such as utilizing 1031 exchange for the industrial 24th Street property, environmental indemnification, historic building considerations, etc. 3. If the City and Morrison Brothers are unable to come to terms on a property swap by September 1, 2016, then either party may terminate the deal, but then the City would pay $120,000.00 to Morrison Brothers, which would be considered the compensation for the Washington Street residential lots. Agreeing to the terms would afford the City immediate possession and a ceiling on the price of the residential property and the flexibility to work through a potential, mutually beneficial land swap deal without cash payment. RECOMMENDATION I recommend that the City acquire the Morrison Brothers' residential property per the terms of the attached Offer and continue negotiating a possible larger deal involving their industrial property on 24th Street and City industrial site property. BUDGET IMPACT The purchase will be funded from the FY2016 appropriation of$2,723,388 for property acquisitions for the Bee Branch Creek Restoration Project (CIP# 7201654 & 3401654). 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 Maurice Jones, Economic Development Director Steve Sampson-Brown, Project Manager Deron Muehring, Civil Engineer N�� E EXHIBIT A DAGIS �% Masterpiece on the Mississippi Properties to be Acquired o `f �e�Q�EAaE��:aca�>xIc I�FoaM�,Io1�s„n 2509 2508 2505 r::2500 -2505 I 2501 407 425 2501 2500 2501 E. 25th Street 2499 2496 410 2497 2491 Residential Lots 2484 2477 411111 16 2482 Industrial Lots 2482 2473 2476 2480 2459 2469 2457 2468 2451 2454 2460 2450 M2461 2447 p 2446 3 � 2443 2442 2446 -� CD 2439 CID CCD 2434 2444 2435 2426 2431 2424 2419 2440 2422 2417 2420 2415 2413 2410 505 2409 501 2404 2401 503 E. 24th Street 2373 324 T2320 2371 2368 2364 316 320 2367 2369 2362 DISCLAIMER:This Information was compiled Ising the Dubuque Area Geographic Information System DAGIS',whlIT"I'des data created by hem the cI of Map Prepared by: D�b�q�e and Dubuque County. It is understood that,while 1 inch = 100 feet v the city of Do bogoe and participating agencies otlllzed the Cit ofDubuque most—,remand acc��te Information mailable,DAGIS and Engineering Department Its suppliers do not warrant the accuracy or currency of the mformaeon or data contained herein.The city and participating 50 West 13th Street agencies shall not be held cable fnr buy direct,Indirect,Incidental, 100 50 0 100 Feet Dubuque,Iowa 52001 c,nsegaentlal,panitroe,or special damages,whether fareseeable or q snthreseeable,arising orrt of me authorized or Snasthnrized as of Phone:(563)589-4270 this data or the Inability to usre this data or ant of any breach of warranty whatsoever. Fax:(563)589-4205 RESOLUTION NO. 103-16 RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY MORRISON BROTHERS, IN THE CITY OF DUBUQUE Whereas, the City of Dubuque (City) intends to acquire certain real property owned by Morrison Brothers (Owner), at 2496 Washington Street and six Tots along the same block legally described as follows (the Property): Lots 13, 14, 15, 16, 17, N. '/ 18 and 20 of O. S. Langworthy's Addition, all in the City of Dubuque, Dubuque County, Iowa for the purpose of expanding the limits and function of a City park, Comiskey Park; and Whereas, Iowa law requires that City must make a good faith effort to negotiate with the Owner to purchase the Property before proceeding with condemnation; and Whereas, an Offer to Buy and Acceptance has been negotiated with the Owner; and Whereas, it is in the best interest of the City to acquire the property under the terms of the Offer to Buy and Acceptance. 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 to the Property, 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 Marcr', 201 Attest: Kevii (St. Firnstahl; C(t Cierk (6 W. Jones, Mayor Pro -Tem Prepared by: Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, Iowa 52001-4113 Return to: Barry A Lindahl, 300 Main Street, Suite 330, Dubuque, Iowa 52001-4113 OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: Morrison Brothers Company SECTION 1. REAL ESTATE DESCRIPTION. The City of Dubuque, Iowa (Buyer) offers to buy real estate in Dubuque County, Iowa, described as follows: Lot 13, 14, 15, 16, 17, N 1/2 18 and 20 of O.S. Langworthy's Addition As shown on Exhibit A attached hereto (the Real Estate) together 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, as acceptable to Buyer in its sole discretion. SECTION 2. PURCHASE PRICE. The Purchase Price for the Real Estate is $120,000.00 payable as follows: $0.00 at closing and the Net Purchase Price (after the deduction of all ordinary costs payable at closing) as provided in Section 13.4. SECTION 3. REAL ESTATE TAXES. Seller represents that all real estate taxes due and owing through March, 2016 are paid, and Seller shall not be responsible for any future real estate tax payments after the closing, nor shall real estate taxes be prorated at closing. SECTION 4. POSSESSION. If Buyer and Seller timely perform all obligations, possession of the Real Estate shall be delivered to Buyer on March 25, 2016 or on such other date as the parties agree in writing, with any adjustments of rent, insurance, and interest to be made as provided in Section 13.4. SECTION 5. ABSTRACT AND TITLE. Seller shall promptly obtain an abstract of title to the Real Estate continued at Buyer's cost 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 at closing. Seller shall pay the costs of any additional necessary abstracting and title work. 031116bal SECTION 6. 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 stated in Section 1. Buyer agrees to reimburse Seller for reasonable attorneys fees for the preparation of any deed and related documents required by this Section. SECTION 7. TIME IS OF THE ESSENCE. Time is of the essence in this contract. SECTION 8. REMEDIES OF THE PARTIES. 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 9. COURT APPROVAL. If the sale of the Real Estate is subject to Court approval, the fiduciary shall promptly submit this contract for such approval. If this contract is not so approved, it shall be void. SECTION 10. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply to and bind the successors in interest of the parties. SECTION 11. 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 12. TIME FOR ACCEPTANCE. If this offer is not accepted by Seller on or before March 16, 2016, it shall become void and all payments shall be repaid to the Buyer. SECTION 13. OTHER PROVISIONS. 13.1 The Offer is subject to final approval of the City Council of the City of Dubuque, Iowa in its sole discretion. 13.2 Buyer, its counsel, accountants, agents and others authorized by Buyer, shall have full and continuing access to the Real Estate and all parts thereof, upon reasonable notice to Seller for the purpose of inspecting, surveying, engineering, test boring, performance of environmental tests and such other work as Buyer shall consider appropriate, provided that Buyer shall hold Seller harmless and fully indemnify Seller against any damage, claim, liability or cause of action arising from or caused by the actions of Buyer, its agents, or representatives upon the Real Estate (except for any damage, claim, liability or cause of action arising from conditions existing prior to any such entry upon the Real Estate), and shall have the further right to make such inquiries of governmental agencies and utility companies, etc. and to make such feasibility studies and analyses as Buyer considers appropriate. 13.3 Environmental Provision. 2 (1) Seller represents and warrants that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, underground storage tanks, burial sites or private wastewater disposal systems located on the Real Estate, the Real Estate does not contain radon gas, asbestos or asbestos containing building materials, or urea -formaldehyde foam insulation, and Seller has done nothing to cause or allow contamination of the Real Estate with hazardous wastes, substances, or pollutants. Seller represents and warrants that the Real Estate is not subject to any local, state, or federal judicial or administrative action, investigation or order regarding any environmental matter. Seller shall provide Buyer with a properly executed Groundwater Hazard Statement showing no wells, solid waste disposal sites, hazardous wastes, underground storage tanks, private burial sites or private wastewater disposal systems on the Real Estate which shall be considered a warranty and representation by Seller to Buyer. (2) Seller covenants and agrees at its sole cost and expense to protect, defend, indemnify, defend, release and hold Buyer harmless from and against any and all losses imposed upon or incurred by or asserted against or suffered by Buyer and directly or indirectly arising out of or in any way relating to any one or more of the following (except to the extent the same relate solely to a hazardous substance first introduced to the Real Estate by the Buyer): (a) the past, present, or future presence, release or threatened release of any hazardous substance in, on, above, or under the Real Estate; (b) any past, present, or threatened noncompliance or violations of any federal, state or local laws now existing or hereafter enacted in connection with the Real Estate or operations thereon; (c) any legal or administrative processes or proceedings or judicial proceedings in any way connected with any matter addressed in Section 13.3(1); (d) any personal injury, wrongful death, or property or other damage arising under any statutory or common law or tort law theory concerning any hazardous substances that may exist on the Real Estate; and (e) any misrepresentation or inaccuracy in any representation or warranty or material breach or failure to perform any of the covenants or other obligations pursuant to this Agreement. Seller acknowledges that losses it is required to indemnify Buyer against include, but not by way of limitation, any costs reasonably necessary to remediate the property to a state in which it does not pose a threat to the public safety, without regard to whether such remediation is voluntary or is required by a government authority. 13.4 Buyer and Seller are negotiating the purchase of additional property owned by Seller, namely, the industrial lots, Lots 1 to 12 in 0 S Langworthy's Addition (the Industrial Lots). If Buyer and Seller are unable to enter into an agreement for the purchase of the Industrial Lots by September 1, 2016, either party may in its sole discretion notify the other party in writing that the negotiations for the Industrial Lots are terminated, and Buyer shall within thirty days after the date of such notice pay the Net Purchase Price for the Real Estate to Seller. 3 13.5 The covenants, representations and warranties of Section 13.3 shall survive the closing. CITY OF DUBUQUE, IOWA Dated: /a?oil/6 By t � ' Michael C. Van Milligen City Manager THIS OFFER IS ACCEPTED MORRISON BROTHERS COMPANY Dated: 144Rcki 11, a.a C (0 i), 1�� PRFstO '7 F:\USERSItsteckle\Lindahl\Morrison Brothers Co - Wash St Lots\OfferToBuy_Morrison Bros Residential Lots PSA_031116bal.doc 4 EXHIBIT "A" LEGAL DESCRIPTION: (2496 Washington Street) Lot 13 in the Subdivision of Lots 192, 193, 194 and 195 in L.H. Langworthy's Addition in the city of Dubuque, Iowa, according to the recorded Plat of said Subdivision, (generally described as Lot 13 in O.S. Langworthy's Subdivision, in the City of Dubuque, Iowa); (Washington Street) Lot 14 in the Subdivision of Lots 192, 193, 194 and 195 in L.H. Langworthy's Addition in the city of Dubuque, Iowa, according to the recorded Plat of said Subdivision, (generally described as Lot 14 in O.S. Langworthy's Subdivision, in the City of Dubuque, Iowa); (2482 Washington Street) Lot 15 in the Subdivision of Lots 192, 193, 194 and 195 in L.H. Langworthy's Addition (generally known as Lot 15 in O.S. Langworthy's Addition, Dubuque, Iowa) in the City of Dubuque, Iowa according to the recorded Plat thereof; (2476 Washington Street) Lot 16 in Orrin S. Langworthy's Subdivision of Lots 192, 193, 194 and 195 in L.H. Langworthy's Addition, in the City of Dubuque, Iowa, according to the recorded Plat thereof; (2464 Washington Street) Lot 17 in the Subdivision of Lots Lots 192, 193, 194 and 195 in L.H. Langworthy's Addition, City of Dubuque, Iowa, (Said subdivision generally called O.S. Langworthy's Subdivision), according to the recorded Plat thereof; (2454 Washington Street) The Northerly %2 of Lot 18 in the Subdivision of Lots 192, 193, 194 and 195, L.H. Langworthy's Addition (generally known as O.S. Langworthy's Subdivision) in the City of Dubuque, Iowa, according to the recorded plat thereof; and (2434-2436 Washington Street) Lot 20 in the Subdivision of Lots 192, 193, 194 and 195, L.H. Langworthy's Addition in the City of Dubuque, Iowa (generally known as O.S. Langworthy's Subdivision) according to the recorded Plat thereof. EXHIBIT A Properties rties to be Acqufred e idential Lots Ktamm jLtiii Sj l"sl. Mw4 dut�.sk'k 5,fL4R: ti�rh'.Sl Y;)d'!ipl to :5P3t'aE•G'�$5 ,NO FN 6I'N70tlfire£thalW s�zd :i z� �ptliM'8n� S{ Uf'S$:J�Su4Rpty}S Vai avdoidar aR.a, t Ihc: S.vRi�e•?rs�td ¢•r u:: E9s3$ wal ailYY lk'ak8ar kk SiilwdAlu::e tY;t'bR.ti 1 inch = 100 feet 100 501 C7. 150 Fejt Map Prepared by: City of Du.bugti Engineering Department 50 West 13t11 Street Dubuque, Iowa 520 1 Phone;(SS3;i5n-4271 Fax: ( 03) 589-4. 5 6 11111111111111WINIttitEli hili i ii loll Doc ID: 008408690004 Type Kind: DEED WITH RESOLUTION Recorded: 2at of 4 :58 PM Fee Amt: $218.20Page 1 Revenue Tax: $191.20 Dubuque County Iowa John Murphy Recorder Fi1e2016-00003394 Return Document To: Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, IA 52001 Preparer Information: John D. Freund, 1005 Main Street, Suite 200, Dubuque, IA 52001 (563) 587-8050 Address Tax Statement: City of Dubuque, Iowa, 50 W. 13th Street, Dubuque, IA 52001 WARRANTY DEED - CORPORATE / BUSINESS ENTITY GRANTOR For the consideration of Ten and No/100 Dollar(s) and other valuable consideration, MORRISON BROTHERS COMPANY, a corporation organized and existing under the laws of the State of Iowa, does hereby convey to the CITY OF DUBUQUE, IOWA, the following - described real estate in Dubuque County, Iowa: SEE LEGAL DESCRIPTIONS ATTACHED HERETO AS EXHIBIT "A." Grantor hereby covenants with grantee, and successors in interest, that grantor 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 grantor 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: MARCH o21, 2016 STATE OF IOWA COUNTY OF DUBUQUE ) ss. GRANTOR: MORRISON,�y' 0 E' . COMANY: By Charles D. Glab, its President This record was acknowledged before me on this -qday of March, 2016 by Charles D. Glab, as President of Morrison Brothers Company. NOTARY SEAL - IOWA JOHN D. FREUND COMMISSION NUMBER 728859 My commission expires: 06/07/2016 D. ary Public in and for Said State EXHIBIT "A" LEGAL DESCRIPTION: (2496 Washington Street) Lot 13 in the Subdivision of Lots 192, 193, 194 and 195 in L.H. Langworthy's Addition in the city of Dubuque, Iowa, according to the recorded Plat of said Subdivision, (generally described as Lot 13 in O.S. Langworthy's Subdivision, in the City of Dubuque, Iowa); (Washington Street) Lot 14 in the Subdivision of Lots 192, 193, 194 and 195 in L.H. Langworthy's Addition in the city of Dubuque, Iowa, according to the recorded Plat of said Subdivision, (generally described as Lot 14 in O.S. Langworthy's Subdivision, in the City of Dubuque, Iowa); (2482 Washington Street) Lot 15 in the Subdivision of Lots 192, 193, 194 and 195 in L.H. Langworthy's Addition (generally known as Lot 15 in O.S. Langworthy's Addition, Dubuque, Iowa) in the City of Dubuque, Iowa according to the recorded Plat thereof; (2476 Washington Street) Lot 16 in Orrin S. Langworthy's Subdivision of Lots 192, 193, 194 and 195 in L.H. Langworthy's Addition, in the City of Dubuque, Iowa, according to the recorded Plat thereof; (2464 Washington Street) Lot 17 in the Subdivision of Lots Lots 192, 193, 194 and 195 in L.H. Langworthy's Addition, City of Dubuque, Iowa, (Said subdivision generally called O.S. Langworthy's Subdivision), according to the recorded Plat thereof; (2454 Washington Street) The Northerly 1/2 of Lot 18 in the Subdivision of Lots 192, 193, 194 and 195, L.H. Langworthy's Addition (generally known as O.S. Langworthy's Subdivision) in the City of Dubuque, Iowa, according to the recorded plat thereof; and (2434-2436 Washington Street) Lot 20 in the Subdivision of Lots 192, 193, 194 and 195, L.H. Langworthy's Addition in the City of Dubuque, Iowa (generally known as O.S. Langworthy's Subdivision) according to the recorded Plat thereof. RESOLUTION NO. 103-16 RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY MORRISON BROTHERS, IN THE CITY OF DUBUQUE Whereas, the City of Dubuque (City) intends to acquire certain real property owned by Morrison Brothers (Owner), at 2496 Washington Street and six Tots along the same block legally described as follows (the Property): Lots 13, 14, 15, 16, 17, N.% 18 and 20 of 0. S. Langworthy's Addition, all in the City of Dubuque, Dubuque County, Iowa for the purpose of expanding the limits and function of a City park, Comiskey Park; and Whereas, Iowa law requires that City must make a good faith effort to negotiate with the Owner to purchase the Property before proceeding with condemnation; and Whereas, an Offer to Buy and Acceptance has been negotiated with the Owner; and Whereas, it is in the best interest of the City to acquire the property under the terms of the Offer to Buy and Acceptance. 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 to the Property, 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 Marc 201 Attest: Kevir{S.Firnstahl, Ct' erk 116 W. Jones, Mayor Pro -Tem 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. 103-16 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 30th day of March, 2016. Kevin St. Firnstahl, C City Clerk 11u 11 11 V IM 1111 11 11 11 11 Doc ID 008408700004 Type GWH Kind: GROUNDWATER HAZARD Recorded: 03/30/2016 at 03:31:12 PM Fee Amt: $0.00 Page 1 of 4 Dubuque County Iowa John Murphy Recorder File2016-00000396 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name Morrison Brothers Company Address 570 E. 7th Street, Dubuque, IA 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, IA 52001 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: Various Lots on Washington Street Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) SEE ATTACHED EXHIBIT "A" 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) 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) X 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) X 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) 2�RU2 -- 339, Li 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: Two (2) cisterns are located on the real estate being transferred and are located approximately as set forth on the attached schematic. I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: (Trnsferor or Agent) FILE WITH RECORDER Telephone No.: (563) 583-5701 DNR form 542-0960 (July 18, 2012) EXHIBIT "A" LEGAL DESCRIPTION: (2496 Washington Street) Lot 13 in the Subdivision of Lots 192, 193, 194 and 195 in L.H. Langworthy's Addition in the city of Dubuque, Iowa, according to the recorded Plat of said Subdivision, (generally described as Lot 13 in O.S. Langworthy's Subdivision, in the City of Dubuque, Iowa); (Washington Street) Lot 14 in the Subdivision of Lots 192, 193, 194 and 195 in L.H. Langworthy's Addition in the city of Dubuque, Iowa, according to the recorded Plat of said Subdivision, (generally described as Lot 14 in O.S. Langworthy's Subdivision, in the City of Dubuque, Iowa); (2482 Washington Street) Lot 15 in the Subdivision of Lots 192, 193, 194 and 195 in L.H. Langworthy's Addition (generally known as Lot 15 in O.S. Langworthy's Addition, Dubuque, Iowa) in the City of Dubuque, Iowa according to the recorded Plat thereof; (2476 Washington Street) Lot 16 in Orrin S. Langworthy's Subdivision of Lots 192, 193, 194 and. 195 in L.H. Langworthy's Addition, in the City of Dubuque, Iowa, according to the recorded Plat thereof; (2464 Washington Street) Lot 17 in the Subdivision of Lots Lots 192, 193, 194 and 195 in L.H. Langworthy's Addition, City of Dubuque, Iowa, (Said subdivision generally called O.S. Langworthy's Subdivision), according to the recorded Plat thereof; (2454 Washington Street) The Northerly V2 of Lot 18 in the Subdivision of Lots 192, 193, 194 and 195, L.H. Langworthy's Addition (generally known as O.S. Langworthy's Subdivision) in the City of Dubuque, Iowa, according to the recorded plat thereof; and (2434-2436 Washington Street) Lot 20 in the Subdivision of Lots 192, 193, 194 and 195, L.H. Langworthy's Addition in the City of Dubuque, Iowa (generally known as O.S. Langworthy's Subdivision) according to the recorded Plat thereof. t ELN ABS igtTITLF PANY * * * 4 * ok or Plats page 33 Plat of "Subdivision of .Lots 192, 193, ,1 4':&'196,, , in ..LJLLa-g- worthy's Addition" (date of filing not shown) Above is a correct representation of the survey and subdivision of Lots Nos. 192,193,194 and 195 in L.H. Langworthy' s Addition to City of Dubuque, as made me for O.S.Langworthy May 23d., 1873. Geo. B.Woodnorth, Asst. City Engineer. The: subdivision of Lots No. 192, 93,194 & 195 in L.H.Langworthy's Addition to the City of Dubuque, ade by this plat is according to my desire and was surveyed and. platted at my request and under my direction. Orrin S. Langworthy. Acknowledged May 31,1873, by Orrin S.Langworthy. L°rsFu(A I-0cm s 1 1 1 1 1 1 ELN ABSTRACT TLE COMPAN) 09-9 s gpt"r 5.