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
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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
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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.
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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.
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