Vacate Petition - Stone Valley Drive Right-of-Way_Neztrop_Initiate Copyright 2014
City of Dubuque Items to be set for Public Hearing # 2.
ITEM TITLE: Vacate Petition -Stone Valley Drive Right-of-Way
SUMMARY: City Manager recommending that a public hearing be set
for June 20, 2016 to consider approval of a request from
NEZTROP, LLC to vacate a portion of right-of-way of Stone
Valley Drive in Stone Brook Center Second Addition.
RESOLUTION of Intent to vacate and dispose of City
interest in a portion of the right-of-way of Stone Valley Drive
between U.S. Highway 20 and Boulder Brook Court, being
part of Lot A Stone Brook Center Second Addition, to be
known as Lot 1 of Lot A of Stone Brook Center Second
Addition, in the City of Dubuque, Iowa by sale to
NEZTROP, LLC
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s), Set Public Hearing for 6/20/16
ATTACHMENTS:
Description Type
Vacate Stone Valley Drive Right-of-Way-MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution of Intent to Vacate Resolutions
Plat of Survey Supporting Documentation
Onmer's Certificate Supporting Documentation
Agreement 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: Vacating Petition/Stone Valley Drive Right-of-Way
(NEZTROP LLC)
DATE: May 27, 2016
A request has been received from Mike Portzen of NEZTROP LLC to vacate a portion
of Stone Valley Drive Right-of-Way between U.S. Highway 20 and Boulder Brook Court
in Lot A of Stone Brook Center Second Addition which abuts the NEZTROP LLC
property at 6601 Stone Valley Drive.
In connection with the acquisition of property for the Southwest Arterial Project, Neztrop
LLC and Portzen Building Firm LLC have agreed to the terms of a Purchase Agreement
for the purchase of necessary property and easements. As part of the consideration for
the Purchase Agreement, the City, Neztrop LLC and Portzen Building Firm LLC have
agreed to the following additional terms:
1. The City will vacate a portion of Stone Valley Drive which will no longer provide
access to US Highway 20 after the construction of the highway improvements.
The portion of Stone Valley Drive being vacated will no longer be needed for
public access. The City will convey the vacated portion of Stone Valley Drive to
Neztrop LLC by Quit Claim Deed.
2. The City will accept the lot on which the existing storm water detention facility is
located in Stone Brook Center Second Addition without waiting for the
development of 80% of the lots in Stone Brook Center Second Addition. Upon
acceptance of the detention facility, the City will maintain the detention facility but
any expenses incurred for maintenance will be assessed to the lot owners of
Stone Brook Subdivision.
City Engineer Gus Psihoyos recommends that Lot 1 of Lot A of Stone Brook Center
Second Addition be vacated, and that a public hearing be set for June 20, 2016, on the
disposition of the City's interest in the subject area.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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 CDUB
DUUB--*-- TE 11 I
Masterpiece on the Mississippi 2007.2012•2013
TO: Michael C. Van Milligen, City Manag r
FROM: Gus Psihoyos, City Engineer
SUBJECT: Vacating Petition/Stone Valley Drive Right of Way
(NEZTROP LLC)
DATE: May 26, 2016
INTRODUCTION
This is in response to a request from Mike Portzen of NEZTROP LLC for the vacating of
a portion of the Stone Valley Drive Right of Way between U.S. Highway 20 and Boulder
Brook Court in Lot A of Stone Brook Center Second Addition which abuts the
NEZTROP LLC property 6601 Stone Valley Drive.
DISCUSSION
In connection with the acquisition of property for the Southwest Arterial Project, Neztrop
LLC and Portzen Building Firm LLC have agreed to the terms of a Purchase Agreement
for the purchase of necessary property and easements. As part of the consideration for
the Purchase Agreement, the City, Neztrop LLC and Portzen Building Firm LLC have
agreed to the following additional terms in the attached Agreement:
1. The City will vacate a portion of Stone Valley Drive which will no longer provide
access to US Highway 20 after the construction of the highway improvements. The
portion of Stone Valley Drive being vacated will no longer be needed for public access.
The City will convey the vacated portion of Stone Valley Drive to Neztrop LLC by Quit
Claim Deed.
2. The City will accept the lot on which the existing storm water detention facility is
located in Stone Brook Center Second Addition without waiting for the development of
80% of the lots in Stone Brook Center Second Addition. Upon acceptance of the
detention facility, the City will maintain the detention facility but any expenses incurred
for maintenance will be assessed to the lot owners of Stone Brook Subdivision.
The attached plat shows the right of way area proposed to be vacated. The abutting
property on both sides of the right of way is currently owned by NEZTROP LLC. The
right of way area to be vacated is described as Lot 1 of Lot A of Stone Brook Center
Second Addition in the City of Dubuque, Iowa. Perpetual public utility easement rights
will be reserved over the entire portion of vacated right of way. Public ingress — egress
easement rights will be reserved, as part of the Quit Claim Deed, over the entire portion
of vacated right of way until such time as the Southwest Arterial East Access Connector
Road is complete and open to traffic.
RECOMMENDATION
I am recommending that the area indicated by Lot 1 of Lot A of Stone Brook Center
Second Addition, in the City of Dubuque, Iowa as shown on the attached plat be
vacated, and that a public hearing be set for the disposition of the City's interest in the
subject area on June 20, 2016.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and that a public hearing
should be held on the disposal of the property through adoption of the enclosed
resolution.
Prepared by Nate Kieffer, PLS
2
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 223-16
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN A
PORTION OF THE RIGHT OF WAY OF STONE VALLEY DRIVE BETWEEN U.S.
HIGHWAY 20 AND BOULDER BROOK COURT, BEING PART OF LOT A STONE
BROOK CENTER SECOND ADDITION, TO BE KNOWN AS LOT 1 OF LOT A OF
STONE BROOK CENTER SECOND ADDITION, IN THE CITY OF DUBUQUE, IOWA
BY SALE TO NEZTROP LLC
Whereas, NEZTROP LLC has requested the vacating and purchase of the
portion of the Right of Way of Stone Valley Drive between U.S. Highway 20 and Boulder
Brook Court, being part of Lot A of Stone Brook Center Second Addition; and
Whereas, AECOM has prepared and submitted to the City Council a plat
showing the proposed vacated Right of Way of Stone Valley Drive between U.S.
Highway 20 and Boulder Brook Court, being part of Lot A of Stone Brook Center
Second Addition, in the City of Dubuque, Iowa and assigned lot numbers thereto, which
hereinafter shall be known and described as Lot 1 of Lot A and Lot 2 of Lot A of Stone
Brook Center Second Addition, in the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to vacate and dispose of its interest
in Lot 1 of Lot A of Stone Brook Center Second Addition, in the City of Dubuque, Iowa
by sale to NEZTROP LLC upon the terms and conditions of the Agreement between the
City of Dubuque, Iowa and NEZTROP LLC and Portzen Building Firm LLC attached
hereto.
Section 2. That the conveyance of Lot 1 of Lot A of Stone Brook Center Second
Addition, in the City of Dubuque, Iowa to NEZTROP LLC be contingent upon the
payment in the amount specified in the Purchase Agreement attached hereto, subject to
the conditions of the Agreement between the City of Dubuque, Iowa and NEZTROP
LLC and Portzen Building Firm LLC.
1
Section 3. That a public hearing on the intent to vacate and dispose of Lot 1 of
Lot A of Stone Brook Center Second Addition by sale to NEZTROP LLC is hereby set
for the 20th day of June, 2016, at the Historic Federal Building, 350 W. 6th Street,
Dubuque, Iowa, beginning at 6:30 p.m., and the City Clerk be and is hereby authorized
and directed to cause a notice of public hearing on the intent to vacate and dispose of
said real estate to be published in the manner as prescribed by law.
Passed, approved and adopted this 6th day of June, 2
Attest:
AMaZ.,
Kevin •. Firnstahl, City Clerk
2
Ric W. Joe';' ,'Vayor ro-Tem
PLAT OF SURVEY
LOT 1 OF LOT A AND LOT 2 OF LOT A IN STONE BROOK CENTER SECOND ADDITION
IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
FOR THE VACATION OF A PORTION OF EXISTING LOT A (STONE VALLEY DRIVE)
IN STONE BROOK CENTER SECOND ADDITION
N LINE NEI/4
FD 3/4" D I A I.P. W/ FD R/W RA I L SEC 6-88-2E
OBL I TERATED CAP 2.8' NE OF PROP COR
N87°18'18"E 1919.77' NE COR SEC 6-88-2E
---------. ------ - ----- ------------------ FD SCM
----- -
I
I It
FD 1/2" DIA PIN/CAP
' LOT D
NO. 4016 '
SI/4 COR SEC 31-89-2E
FD BROKEN CONC MON WITH I II It
5/8 DIA I.P. IN CTR
I '
LOT 2
SURVEY REQUEST BY:
THE CITY OF DUBUQUE , IOWA I ,
EXISTING EXISTING 20' SAN. ;
WIDE PIPE
SEWER EASEMENT
50
LINE EASEMENT \ EX STI NG 20' SAN.
EXISTING 20' PUBLIC ` \ I SEWER EASEMENT
UTILITY EASEMENT \ "' ,", E LINE NEI/4
STONE BROOK , ",��, SEC 6-88-2E
CENTER SECOND ,
EXISTING 10' PUBLIC ADDITION J� �� SO I 032149"E
UTILITY EASEMENT o 3421.46
LOT I
P.O.B. OF PARCEL c LOT 3
TO BE VACATED 2 Ocv I I
4 OA- Jv / EXISTING
40" - �� 20' STORM I I
4 SEWER
ALL OF LOT I OF LOT A ST , EASEMENT I
SHALL BE SUBJECT TO A PUBLIC ONF ,, I
UTILITY EASEMENT 3 �q� I
7
�F
QEXISTING 10' PUBLIC X07' 2
UTILITY EASEMENT LOT C OF' L 0
7- A
10
Clio
/AREAS 8
J' I OF LOT A 18,844 SQUARE FEET OR 0.43 ACRE 9 ;
LOT 2 OF LOT A 36,480 SQUARE FEET OR 0.84 ACRE '
DATE SIGNED: 5/24/2016
I hereby certify that this Land Surveying EI/4 COR SEC 6-88-2E
document was prepared by me or under FD C O N C MON BROKEN
my direct personal supervision and
OFF 6" DEEP
�XN p s''-�.,,,, that I am a duly Licensed Land Surveyor
.••""'•••D and the th State of Iowa.
•�`" s'Z�•ZdIG NOTE:
MICHAEL R. .0 c
FAGLE = SEE SHEET 2 OF 2 FOR
8505 MICHAEL R. FAG Date
License number 8505 BEARING / DISTANCE TABLES
�owN My license renewal date is December 31,20 16
Pages or sheets covered by this seal:
SHEETS 1 AND 2 OF 2 ��� 2�� 300 4��
SCALE IN FEETASCOM
SHEET 1 OF 2
PREPARED BY:MICHAEL R.FAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO,IOWA,50703, 319-232-6531
PLAT OF SURVEY
LOT 1 OF LOT A AND LOT 2 OF LOT A IN STONE BROOK CENTER SECOND ADDITION
IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
FOR THE VACATION OF A PORTION OF EXISTING LOT A (STONE VALLEY DRIVE)
IN STONE BROOK CENTER SECOND ADDITION
BEARI NG/ DISTANCE ACQUISITION LOT 1 OF LOT A
1 TO 2 S 62 ° 27 48 E 270.78 270.42 RECORD
2 TO 3 S 27 ° 32 12 W 70.00 '
3 TO 4 N 62 ° 27 48 W 267.63 '
4 TO 1 N 24 ° 57 14 E 70.07 '
BEARING/ DISTANCE ACQUISITION LOT 2 OF LOT A
2 TO 5 S 62 ° 27 48 E F 332.36 ' 331.64' RECORD
5 TO 6 R=265.00 ' L=134.51 ' 134.47' RECORD
LC=S 77 000 ' 17 " E 133.07 ' 133.03' RECORD
6 TO 7 N 88 ° 27 13 E 36.50 37.33' RECORD
7 TO 8 S 01 ° 32 47 E 70.00 '
8 TO 9 S 88 ° 27 ' 13 " W 36.50 37.33' RECORD
9 TO 10 R=335.00 ' L=170.04 169.99' RECORD
LC =N 77 °00 ' 17 "W 168.22 168.17' RECORD
10 TO 3 N 62 ° 27 ' 48 " W 332.36 '
3 TO 2 N 27 ° 32 ' 12 " E 70.00 '
DESCRIPTION:
FOR THE VACATION OF A PORTION OF LOT A(STONE VALLEY DRIVE) IN STONE BROOK
CENTER SECOND ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 1 IN SAID STONE BROOK CENTER
SECOND ADDITION WHICH IS ALSO THE INTERSECTION OF THE PRESENT SOUTHEASTERLY
RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20 AND THE NORTHEASTERLY LINE OF SAID LOT A
(STONE VALLEY DRIVE); THENCE SOUTH 620 (DEGREES) 27' (MINUTES)48" (SECONDS) EAST
(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE SOUTHWESTERLY
LINE OF SAID LOT 1 ALSO BEING THE NORTHEASTERLY LINE OF SAID LOT A (STONE VALLEY
DRIVE), 270.78 FEET (270.42 FEET RECORD); THENCE SOUTH 27°32'12"WEST, 70.00 FEET TO
THE NORTHEASTERLY LINE OF LOT C IN SAID STONE BROOK CENTER SECOND ADDITION
ALSO BEING THE SOUTHWESTERLY LINE OF SAID LOT A (STONE VALLEY DRIVE); THENCE
NORTH 6202748"WEST ON THE NORTHEASTERLY LINE OF SAID LOT C ALSO BEING THE
SOUTHWESTERLY LINE OF SAID LOT A (STONE VALLEY DRIVE), 267.63 FEET TO THE PRESENT
SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20; THENCE NORTH 24°57'14" EAST
ON THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20, A DISTANCE OF
70.07 FEET TO THE POINT OF BEGINNING.
CONTAINING 18,844 SQUARE FEET OR 0.43 ACRE.
ICOM
SHEET 2 OF 2
OWNER'S CONSENT
Dubuque, Iowa 12016
The foregoing Plat of: Lot 1 of Lot A and Lot 2 of Lot A in Stone Brook Center Second Addition, in the City of
Dubuque, Dubuque County, Iowa, is made with the free consent and in accordance with the desires of the
undersigned owners and proprietors of said real estate.
By:
Roy D. Buol, Mayor
By:
Kevin S. Firnstahl, City Clerk
State of Iowa )
ss:
County of Dubuque )
On this of day A.D. 2016, before me, a Notary Public in and for the County of
Dubuque and State of Iowa, personally appeared Roy D. Buol and Kevin S. Firnstahl, to me personally known
who, being duly sworn did say that the said Roy D. Buol is Mayor and the said Kevin S. Firnstahl is City Clerk of
the City of Dubuque, Iowa, and that the seal affixed to the above instrument is the corporate seal of the City of
Dubuque, Iowa, and that said instrument was signed and sealed on behalf of the said City of Dubuque, Iowa, by
authority of the City Council of said city and the said Roy D. Buol and Kevin S. Firnstahl acknowledge the
execution of said instrument to be the voluntary act and deed of said City of Dubuque, Iowa, by it voluntarily
executed.
Notary Public in the State of Iowa
My Commission Expires
CITY COUNCIL
Dubuque, Iowa 12016
The undersigned, Mayor and Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing Plat of
Survey: Lot 1 of Lot A and Lot 2 of Lot A in Stone Brook Center Second Addition, in the City of Dubuque,
Dubuque County, Iowa, has been filed in the office of the Clerk of the City of Dubuque, and that by Resolution No.
the Dubuque City Council approved said plat.
Roy D. Buol
Mayor of the City of Dubuque
Kevin S. Firnstahl
Clerk of the City of Dubuque
PLANNING SERVICES
Dubuque, Iowa 12016
The foregoing Plat of Survey: Lot 1 of Lot A and Lot 2 of Lot A in Stone Brook Center Second Addition, in
the City of Dubuque, Dubuque County, Iowa, or within the two-mile jurisdiction of the City of Dubuque, Iowa, as
defined under Section 354 of the Code of Iowa, has been reviewed by the City Planner, (or designee) of the City
of Dubuque in accordance with Chapter 42 of the City of Dubuque Code of Ordinances, and said approval has
been endorsed herein on the date first written above.
Laura Carstens
Planning Services Manager
COUNTY AUDITOR
Dubuque, Iowa 12016
The foregoing Plat of Survey: Lot 1 of Lot A and Lot 2 of Lot A in Stone Brook Center Second Addition, in
the City of Dubuque, Dubuque County, Iowa was entered of record in the office of the Dubuque County Auditor
this of 2016. We approve the subdivision name or title to be recorded.
Denise M. Dolan
Dubuque County Auditor
CITY ASSESSOR
Dubuque, Iowa 12016
The foregoing Plat of Survey: Lot 1 of Lot A and Lot 2 of Lot A in Stone Brook Center Second Addition, in
the City of Dubuque, Dubuque County, Iowa was entered of record in the office of the City Assessor of the City of
Dubuque, Iowa, this of 12016.
Richard A. Engelken
Dubuque City Assessor
RECORDER'S CERTIFICATE
Dubuque, Iowa 12016
The foregoing Plat of Survey: Lot 1 of Lot A and Lot 2 of Lot A in Stone Brook Center Second Addition, in
the City of Dubuque, Dubuque County, Iowa, has been reviewed by the Dubuque County Recorder.
John Murphy
Recorder of Dubuque County, Iowa
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
NEZTROP LLC
AND
PORTZEN BUILDING FIRM LLC
This Agreement between and among the City of Dubuque, Iowa (City), Neztrop
LLC and Portzen Building Firm LLC is dated for reference purposes the day of
2016,
Whereas, Neztrop LLC and Portzen B.uilding Firm LLC are the owners of
property shown on Exhibit A attached hereto; and
Whereas, the City of Dubuque (City) desires to acquire certain property owned
by Neztrop LLC and Portzen Building Firm LLC for the Southwest Arterial Project shown
on Exhibits B1 and B2 (the Acquisition Property); and
Whereas, Neztrop LLC and Portzen Building Firm LLC is willing to sell the
Acquisition Property to City and City agrees to purchase the Acquisition Property upon
the terms and conditions set forth herein;
NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES HERETO AS
FOLLOWS:
fl
1. Neztrop LLC and Portzen Building Firm LLC agree to execute a Purchase
Agreement in the form attached hereto as Exhibits C1 and C2,
2. City agrees to:
a) Take the necessary steps to vacate the Stone Valley Drive right of way
from the intersection of Stone Valley Drive and Boulder Brook Ct. westerly
to the easterly right of way of U.S. Highway 20 as shown on Exhibit D.
City will prepare the vacation plat and be responsible for fees for public
notice and recording. City will reserve a utility easement over the entire
vacated area. City will convey said vacated portion of Stone Valley Drive
to Neztrop LLC by Quit Claim Deed.
b) Accept by resolution Lot D shown on Exhibit D as dedicated by Neztrop
LLC on the Final Plat of Stone Brook Center Second Addition recorded as
Instrument No. 4087-04 in the records of the Dubuque County Recorder.
c) Accept by resolution the existing storm water detention facility
improvements that were constructed by Neztrop LLC on Lot D subject to
the conditions of the Resolution No. 61-04 attached hereto as Exhibit E;
provided, however, that City will waive the requirement that developer
Dubuque Southwest Arterial Project No. HDP-2100 (679)--71-31
Parcel 125 Neztrop
Parcel 126 Portzen Building Firm LLC
042816bal
maintain the detention facility until 80% of the lots in Stone Brook Center
Second Addition are developed. Upon acceptance of the detention facility,
City will maintain the detention facility, and the maintenance expenses
incurred by City for the storm water detention facility will be assessed
annually against the lot owners of Stone Brook Subdivision in equal
amounts, and the City Manager will certify such costs to the City Clerk,
who in turn will promptly certify such costs to the Dubuque County
Treasurer, and such costs will then be collected with and in the same
manner as general property taxes in accordance with provisions of law.
3. This Agreement is subject to City Council approval.
CITY OF DUBUQUE, IOWA NEZTROP LLC
By: By: �Xo
Mich el C. Van Milligen Michael P6rtzen
City Manager
PORTZEN BUILDING FIRM LLC
17
By:
Michael Portzen r
F:\USERS\tsteckle\Lindahl\Southwest Arterial CondemnationsTarcel 125-NUTROPTortzen Agreement 042816bal.docx
EXHIBIT A
Page 3
DuB E EXHIBIT A
Mukryiecew Lire M' iaipyi
103 _ .e.`.
NEZTROP
LOT D
W.
ni
NEZTROP
L0T2
x
x
PORTZEN
5..
FIRM-LOT 1
s. 1S
PORTZEN BLDG
FIRM - LOT 3
PORTZEN BLDG
FIRM - LOT C
5
1 inch = 200 feet W�E
100 w 0 100 200 300 Feel
Pa0e 4
EXHIBIT B1
Page 5
j
PARCEL 125 (LOT D)
DETENTION POND PARCEL
TO BE DEDICATED TO CITY
NO ACQUISITION NEEDED
PARCEL 125 (LOT 2)
FEE TITLE ACQUISTION 0.33 AC
PARCEL 125
EXHIBIT B1
East Access
Connector Road
7-
O•
I •y'
1
EXHIBIT B2
Page 7
I I I •
ij 7.
Kollar), Dennis
& S san A.
dEXHIBIT B2
East Access
Connector Road
ct
OD
PARCEL 126 (LOT 3) FEE TITLE
ACQUISTION 0.28 AC
PARCEL 126 (LOT3) TEMPORARY
CONSTRUCTION EASEMENT 0.14 AC
• _I
PARCEL 126 (LOT 3) PERMANENT
EASEMENT 0.15 AC
EXHIBIT Cl
Page 9
EXHIBIT C1
Ralom m aM prepared by Card 0.MECmeken.RG Land Services.Inc..1115 Soum G Ave..Nevada.IA W2015153821899
Foc Ciry of Dvanwa.Iowa,City Hall,W W 13m Street,DUMrym.Iowa sea, 583.589.4210
PURCHASE AGREEMENT
PARCEL 125 COUNTY Dubuque
PROJECT HOP-2100(819}41-31 NAME Southwest Arterial
SELLER: NEZTROP. LLQ
THIS AGREEMENT indeed into this day of_.20 byandbelween Sellera.dme Cifyof
Dubuque.Iowa.Buyer.
Ia. SELLER AGREES to sell and furnish to Buyer a conveyance document,on hands)remained by Buyer,and
Buyer agrees to buy the following real estate,hereinafter ref erect b as the premises,educated in parts of fie
follmm,,Let 2 and Lot D of STONE BROOK CENTER SECOND ADDITION'in the C f Oubuou ,inure
County of Oubu ue,Stale of Iowa,and more particularly described on Pages 4-5,including,the fallowing
buildings,imprommanls and other property,
All lana trees shrubs landscaping d umbering attached to the 1 ht d desonlindl hero)
11h. The Seller also agrees to convey to the Buyerall cribs Sellers rights of direct access from the premises m
U.S.Hghway 20 from Sta.1182«91+/-PL US 201 to Sla. 1204ae8+/-PL(U.S.201,southeasterly,side,
excepting and reserving to IM Seller the right practices at fie following bcalfons;None.
2. Possession of Ne premises is the essence of uric agreement and Buyer may enlerand assume NII use and
enjoyment M the premises per the(arms of this agreement. SELLER GRANTS Buyer fie immediate
possession right to enter Ne premises for the purpose of gathering survey and soil data. SELLER MAY
surrenderpossession ofine promises or building or improvements cram pad than otpnclo Bre Ilmeatwfiich
hehashereinaftersgreed Idea so,and agrees togvm Buyer len(10)days notice of Sellersinlen0on todo so
by calling Buyer.
3. Buyer agrees to pay and SELLER AGREES b grant the right of possession,convey title,.and surrender
physical poesesaf e,of the premises as shown on or beNre the cause listed be.
PAYMENT AMOUNT AGREED PERFORMANCE DATE OF PERFORMANCE
5 an conveyance of M.
5 an surrender of possxssker
$40.113.00 on possession and conveyance 9Odays after Buyer approval
540.113.00 TOTAL LUMP SUM
BreakdownIc S .F.
Land by Fast Title 033 Ac.ISgFF.In he name of me City of Dubuque
Underlying Fee Title A rd,F.In me name of the Slate of Iowa
Pemlanent Easement AcJSgF for Ul lily Purposeshn the name of
Temporary Easement Ac./S,FI.
Page I
Page 10
4 SELLER WARRANTS that lire are no tenants on the premises holding under lease except None,
5. This agreement shall apply to and bind the legal successors in interesl of the Seilerand SELLER AGREES I0
pay all liens and assessments.9.m tlhe premises,including all taxes and special assessments payable uhill
surrender cf possession as required by Ne Code of love.and agrees 10 warrantgood antl suRcienlgle.
B Buyer may inclode mortgages,Itenholders,encumbrances and taxing authorities as payees on warrants
hat adln payment of Ihlsagreemenl. In adtli8on to the TPWI Lump Sum,Buyeragrees b pay 5f 50.00 for the
cost of adding life documents required by this Inme aclidn to Sellers abstract of title. If requested to do so,
SELLER WILL deliver to Ne Royer an abstract of[file b the premises. Buyer agrees to pay the coal of
abstract conlinualion. SELLER AGREES to provide such documentation as may be required by Iowa Land
Title Standards to convey merchantable tide to Buyet SELLER ALSO AGREES to obtain wort approval of
thus agreement,If requested by Buyer,in the event title N1he premises becomes an asset of any oxide.trust
ponservatdmhiporguardianship. Buyersgreesto pay courtapprovsl costs and all other costs necessary to
transfer the premises to Buyer,but not attorney fees, Claims for such Vander costs shall be paid in amounts
supported by paid....this or signed tills.
T. Buyer agrees that any agricultural tlrain tiles that are bested mthe the premises and are damaged w require
relocation by highway construction soon be repaired or relocated at no expense to Seller, Where Buyer
spedrically agrees to construct and maintain fence,the fence shall be constructed and maintained far vehicle
access control purposes only at no expense to Seller. Buyer sill have the night of entry upon S IN(s
remaining property along the dghtof way line,if neosssary,for Ne purpose ofconnecling said tlrain file add
conducting and maintaining Bald fence.Sellermay,posture against said fence at his own risk. Buyerwlll not
be liable fdrfencing Private property n haddleming the same to restrain livestock.
8. IfServerholds li0s to the premises injoint tonancywiM full rights offe rvivomhip and notes tenants uncommon
st the Uma of This agreement,Buyer will pay any remaining proceeds to the survivor of that joint tenancy and
will accept tille solely from mat survivor,provided IMjoint lan urby has not been destroyed by opemtiw of law,
or ads of Sellar
9. These mamises are being acquiredfor public purposes and this bender is exempt from the requlremenls for
Me filing of a Declaration of value by the Code of Iowa.
10, Ti premises.1.includes an slates,rights,Ville and madesls,Includingall easements,and all adverllsing
devices and the right to seed such devices as are located mo a m. SELLER CONSENTS b any change of
grade of the street and accepts payment under lits agreement for,any and all damaged arising therefrom.
SELLER ACKNOWLEDGES full settlement and payment from Buyer for all claims per the terms of Nis
agreement and discharges Buyer from liability because of leis agreement and the construction of Nis public
Improvement Project
11. Seller slates aro warrants that,to the best of Sellers knowledge,them is no burst site,well,sold waste
disposal site,private sewage disposal systems.M1aaaEdus substance,nor underground storage lank on Oe
premises described and sought herein,except
None
12. This written agreement constitutes the entire agreement between Buyer and Sher and there used agreement
to do or not to do any act or deed except as specifically provided for herein.
13. Buyer hereby gives nice of Sellers Bveyear right to renegotiate construction or maintenance damages not
apparent at the time of the signing of this agreement as modifid under Section 8B.52 of the Code of Iowa.
Pagc 2
Page 11
SELLER'S SIGNATURE AND CLAIMANT'S CERTIFICATION: Upon due approval and execution by the
Buyer,we the undersigned claimants codify the Total Lump Sum payment shown herein is just and unpaid
NEZTROP.L.L.C.
By: By:
Nome:Michael E Perfect.x1shaver Name:
This section to be completed by a Naery Public.
Both columns must be completed.
CAPAC"CLAIMED By SIGNER:
SELLER'S ACKNOWLEDGMENTI _ INDIVIDUAL
STATE OF ) I CORPORATE
COUNTYOF )ss: PdsTdolGCrpomte OR rb):
On the_day of ,A0,2g ,before me,the I
urdereigow,a Notary Pubac'm and for said Stele,personally appeared _Corporzte Seal ts.fixed
No Caporals Seal procured
PARTNER(e):
_
turned Pednaslnp
tome parsmalN la own I General Partnership
Crayon(b me on(be Nome of salahacrory eecounre _ XEGUTERI&FACT
°r _ E%EGUTOY-INICTRUSTEE(.)
ha he Chep muen(s)Phase normae Were slbscroxi to the wllhhimWmenl and GUARDIANS)or CCNSERVATOR(s(
eadmoaletlged to me that M1LshelMey°aeceled the same N hislhaMehwltwrizetl
capacilyhosl.entl lM1etbyhiuTarMelnsigmdture(s)on Nelnshument0e persun(sl. I SIGNER IS REPRESENTING
or No Prouty Upon bales of which the person(s)acted,executed the irelmman. I Lbt temple)of ad[,(.a)w pentua )
(Sgn to Ink) NE2TROP L L C
(PrMt/Typo Name)
Notary Public in and or the Scala of
Mycemmisempaptres
BUYER'S ACKNOWLEDGMENT
STATE OF IOWA:ss: On this_day of ,20_,before me, the undersigned.
personally appeared known to me to be the
of Buyer and who did any that said instrument was signed on
behalf of Buyer by the authority duly recorded in its minutes, and ackiwwledged the execution of said
instrument,which signature appears hereon.to be the voluntary act and deed of Buyer and by it voluntarily
executed.
Notary Public in and for the State of Iowa
BUYER'S APPROVAL
Recommended by: (Date)
Right of Way Project Agent:
Approved by:Gus Psihoyos (Data)
City Engineer
City of Dubuque,Iowa
Paye 3
Page 12
EXHIBIT C2
Page 13
EXHIBIT C2
Return to and peparetl by:Carml D.McCmpken,JCG USN ServOns,Irw,V 15 SDuMG Ave..Nevada.IA So201 515-3029698
For.City Df Dubpee.Sawa,oily H.A.W W Imin Strait.OUOuqua.twee 52W1 553,598-4270
PURCHASE AGREEMENT
PARCEL 126 COUNTY Dubuoue
PROJECT HDP-2100(6791-71-31 NAME Southwest Arterial
SELLER, PORTZEN BUILDING FIRM L.L.C.
THIS AGREEMENT entered Into lhfsday d_,2D by and between Sellerandthe Cllyof
Dubuque,Iowa,Buyer.
IS. SELLER AGREES to sell and furnish to Buyer a conveyance document on handle)fumtshed by Buyer.and
Buyer agrees to buy the fallowing real estate,hereinafter referred to as the premises,situated In parts of the
folmwingagt3 of STONE BROOK CENTER SECOND ADDITION in the City afDubumue nlhe Couhlyof
Dubuoue,State of Mwd,and more pMicularly despdbed on Pages 410,molui ing the mllowtrg buildings,
improvements and other property:
All land museshrubs landscaping d sanders statchad to the I hl anddownload M1
1 b.
to SID, 'Ind,exrepling
and-reservino ad It,,Seu�, I A latmanBJa•...•�_
2. Possession of Ne premises is he essenrs of Nis agreement and Buyer mayenterand assume full use and
enjoyment of the premises per the lends of MIs agreement SELLER GRANTS Buyer the immediate
possession right to enter the premises for the purpose of gathering survey and soil data. SELLER MAY
su dr nderposs n sloe of Meplemises arbuildin9or improvements a ranypartMereofpnor to 1he6me alwhf&
he has harelnafteragreed lodo so,and agreeaWgive Buyerien(10)days noeceof Sellers intention to do so
by calling Buyer.
3. Buyer agrees to pay and SELLER AGREES m grant Me right of possession.convey,MIS,arM sunerMer
physical possession of the premises as shown on or before Me dates listed below.
PAYMENT AMOUNT AGREED PERFORMANCE DATE OF PERFORMANCE
S on conveyance of title
S n sumbaler of posresson
345101 00 on possession and comeyande 50 days after Buyer approval
$45.10100 TOTAL LUMP SUM
Breakdown Aal
Land by Fee Title 028 Aa.b^q:Fb in the name of Me City of Dubuque
Underlying Fes Tule Ac 4�ed,: .... In Me name of the Slate of Iowa
Pennenenl Easement 0.15 A,,Af rz fm Utility Pu@oseslin the name of the
City of Dubuque
Temporary Easement 014 Aa/Sq.F(
Page I
Page 14
4. SELLER WARRANTS that there are no tenants on the premises holding under lease excapl:Name,
5. This agreement shall apply to and bind the legal successors in interest of the Seller and SELLERAGREES to
pay all liens and assessments against the premises,including all taxes and special assessments payable until
surrender of possession as required by the Cape of Iowa,and agrees W warrant goad and sufficient fife.
6. Buyer may Include mortgages,lienholders,enrumbrancers and taxing authorities as payees on wanness
issued in payment of this agreement. In Sooner to the Total Lump Sum,Buyeragmes to pay 150.00 tmlhe
cost of adding title documents required by this Maneaclion to Sellers abstract of title. If requested la do so,
SELLER WILL Weldor W the Buyer an abstract of fills W the premises. Buyer agrees W pay the cost of
abdad continuation. SELLER AGREES to protide such documentation as may be required by Iowa Land
Title Slandams Wcommy merchantable title W Buyer. SELLER ALSO AGREES to obtain court approval of
this agreement.RrequeAed by Buyer,in the evenl OOe to the premises becomes an asset of any estate,trust,
conservalarehiporguafdianshlp, Buyer agrees to pay Court approval costs and all other costs necessary to
Minster the premises W Buyer,but not attorney fees. Claims for such transfer costs shall be paid In amounts
supported by paid recon or signed bills-
T. Buyer agrees that any agricultuml dein tiles that are located within the premises and are damaged or require
relocation by highway conelmclan shall be recalred or relocated at no expense to Seller. Where Buyer
,maritally agrees to construct and maintain fence,the lends shall be constructed and maintained for vehicle
access control purposes only at no expense to Seller. Buyer small have the right of entry upon Sellers
remaining properly along the right of Way line,dnecessary,forthe purpose of connecting said dreln lila and
onshucting era mainlamMg said fence-Seller may pasture against mid fence at his own Oak-Buyerwlll not
be liable for fencing private property or maintaining the same 10 Momtn ItvesWek.
8. If&eller holds 011e to the promises In join)tenancy with full rights of survivorship and Trot as tenants in common
at the area of this agreement,Buyer will pay any remaining proceeds to the survivor of that WIN tenancy and
will accept less solely from that survivor,provided the joint tenancy has not been destroyed by operation of We
or is of Seller.
9. These premises are being acquired far public purposes and this transfer is exempt from the exonements for
the mat of Dabaadon of Value by the Code of Iowa.
10. The premises also Includes all estates,rights,title and interests,including all easements,and all adverOsng
devices and the right to erect such devices as are located Mereen. SELLER CONSENTS to any change of
grade of the street and accepts payment under pro agreement for any and all damages arising therefrom.
SELLER ACKNOWLEDGES full safflement and payment Mae Buyer far all claims per We terms 0 this
agreement and discharges Buyer from[lability because of this agreement and the construction of Met public
improvement project
11. Seter slates and waranW that,to Me best of Seller's knowledge,there is no burial site,well,sola waste
disposal site,private sewage disposal Systems.Wisdoms substance.nor underg.mal storage tank oa the
premises dissented and sought berein,exceph
N.V.
12. This write.egfeement Wmaliti We entire agreement between Buyer and Seller and Were is no agreement
IQ do or act W do any ad or deed except as specifically provided for herein.
13. Buyer hereby gives notice of Sellers five-year right to mnegoliate canstmcuou or maintenance damages not
apparent at We time of the Signing of this agreement as required under Sedan 6B.52 at Me Code of lows.
14. The Sellers grant to Me Buyer one temporery easement or Me purpose of Binding.The Rightor-Way Design
Plot Plan,allached as a page 4 of Were agreement,graphically Illustrates Ma proposed temporary easement
area being granted.The temporary easement is also shown on the attached plats and descriptions. The
lemporary easement shall Mmerhate on completion of this highway project.
Pago 2
Page 15
SELLER'S SIGNATURE AND CLAIMANTS CERTIFICATION: Upon due approval and execution by the
Buyer,we the undersigned claimants Certify the Total Lump Sum payment shown herein is just and unpaid.
PORTZEX SU I LDI NO FI RNI,L.L.C.
By. By:
Name:.W'phsel E Portun Manager N.
This..tion to be completed by a Notary Pubgt.
Bonn estuaries must be completed.
CAPACITY CLAIMED BY SIGNER:
SELLER'S ACKNOWLEDGMENT I INDIVIDUAL
STATEOF ) I CORPORATE
COUNTYOF )m Rde(s)pf Corporate Olhce.(sl:
On IM1Is OaY o! AL_qB_.Oeforn me,Na
untlervgnetl.a NopryPaNk inert ysaitl Blah,personally appeeretl I _ No ComteewSeal is Seal
sou
I Na Corporela Seal procured
I PARTNER(e)
_ Limlletl PatnersNp
to me personalty knownGenstar PaMwsM1ip
_proved to me on me Cash al satisfactory evitlence _ ATTORNEY-m-FACT
or
_ EXECUTORD)or TRUSTEEM)
1p.the permn(s)whme remah),".wbscdbed to the wtNn Instrument and I _ GUARDAN(s)w CONSEWATOR(a)
acknowledged to me that helshsons,sentineled!the some In hlsfierMeiraumwizad I _ OTHER:
wpacitybul and that by bishrobBir dgneshous)on the instrument the consents). I SIGNER IS REPRESENTING:
or Me enOry upon behalf of wnlm Ne pwmMa)actad,sweated the Innrumenr I List ivmn(e)of eold'het or parrots)
(Be,In Ink) PORTZEN BUILDING FIRM LLC
(PdmyType Name)
Notary Public in and for Me St 0
Mycoerraaonexpkes
BUYER'S ACKNOWLEDGMENT
STATE OF IOWA:ss: On this_day of ,20_,before me,the undersigned,
personally appeared known W me to be the
of Buyer and who did say that said instrument was signed an
behalf of Buyer by the authority duly recorded In its minutes, and acknowledged the execution of said
instrument which signature appears hereon,to be the voluntary act and deed of Buyer and by itvolunladly
executed,
Notary Publfc in and for the State of Iowa
BUYER'S APPROVAL
Recommended by; (Date)
Right of Way Project Agent:
Approved by:Gus Perri (Date)
City Engineer
City of Dubuque,Iowa
Page 3
Page 16
EXHIBIT D
Page 17
EXHIBIT D
rmwm en rc,oio ve r.wa
STONE wBROOK CENTER SECOND ADDITION •. w
IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
GRAPHIC SCALE
a 150 300
SCALE NORTH
DRAWNG MAY HAVE BEEN REDUCED
I /
j
I / tti/+ xW
/ xfc.31-Ia9N-BEE
cw�x Ra 32515'
5013 "y�Y E Pl] /
ma.PRM. NB]'IB'10' E __—______
_____________/ LOT "I ' MD.e-teex-REE
gr wntER aIle
MD.COM uCx.
�1EXTIXx AREA I nxo xE wR
^ W SME eaooN E..
4r
RGNT OF Ma COXYEY.WI'S FM/..1 V 2582 ACRES w4.
fK OY£R MUT Ne.T BEP, NEI/+ n'
uw Xx3/+xEle/t sEc.6.reF N.,as E ], j a.}, a e I Ig Fx a xo'M.
RJM C£L ]6.PACE% P S -S aDA a• III' �+ SEWFR EAS£HEN
x9 SPEWD LCCAnO,E PY MDR SPEME)
r LOT 2
3256
IT
SEE DETAIL "B"
SHEET 4
a.
!aT LOT i
PORTION OF EXISTING \ % La Ed�4
2109 AG2E8
STONE VALLEY RIGHT OF WAY y/ V, C`6-1
TO BE VACATED
a 4`
a /'�1 LOT 3 1
2805 AMES
4 R
M Nal' F
^O � I
X 1W.m. E
W IT
BW @IDM6BRSA
SLIRYEYOR9,9.0
—fT—
V v nnp.wp An awµw u e
m mM,w
OIGWN P.VIt PLAT NO. 3]-In-61
DAM 12 PILPA xo. 993x+-a3
CAtE -b-C+ I 9HEEr 3 of s
a: 9e ixs-9a ara�oa a. ia+-oxAa,
Page 113
EXHIBIT E
Page 19
w. .
EXHIBIT E
Prepared by: t.aum Carstens. City Planner Address: City Hail,50 W.13th Street Telephone: 5994210
RESOLUTION NO. 61 -04
A RESOLUTION APPROVING THE FINAL PLAT OF STONE BROOK CENTER
SECOND ADDITION IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a final plat of Stone Brook
Center Second Addition in the City of Dubuque, Iowa; and
Whereas, upon said final plat appears streets to be known as Stone Valley Drive
(Lot A) and Boulder Brook Court (Lot B), together with certain public utility easements,
which the owners by said final plat have dedicated to the public forever; and
Whereas, the preliminary plat has been examined by the Zoning Advisory
Commission and had its approval endorsed thereon; and
Whereas, said final plat has been reviewed by the City Planner and had her
approval endorsed thereon, subject to the owners agreeing to the conditions noted in
Section 2 below; and
Whereas, said final plat has been examined by the City Council and they find that
it conforms to the statutes and ordinances relating to it, except that no streets or public
utilities have yet been constructed or installed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the dedication of Stone Valley Drive (Lot A) and Boulder
Brook Court(Lot B), together with the easements for public utilities as they appear
upon said final plat, be and the same are hereby accepted; and
Section 2. That the Final Plat of Stone Brook Center Second Addition 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, provided the
owners of said property herein named, execute their written acceptance hereto
attached agreeing;
(a) To reduce Stone Valley Drive (Lot A) and Boulder Brook Court (Lot B) to grade
and to construct concrete curb and gutter and to hard surface with asphaltic
concrete, or with concrete paving with integral curb, all in accordance with the
Page 20
Resolution No. —04
Page 2
City of Dubuque standard specifications, all in a manner acceptable to the City
Engineer, in conformance with construction improvement plans approved by the
City Engineer, and inspected by the City Engineer.
(b) To install sanitary sewer mains and sewer service laterals into each individual lot,
water mains and water service laterals into each individual lot, storm sewers and
catch basins, boulevard street lighting and erosion control devices all in
accordance with the City of Dubuque standard specifications, all in a manner
acceptable to the City Engineer, and in accordance with construction
improvement plans approved by the City Engineer, and inspected by the City
Engineer.
(c) To construct a storm water detention facility in a manner acceptable to the City
Engineer, in accordance with the City of Dubuque standard specifications, in
accordance with construction improvement plans approved by the City Engineer,
and inspected by the City Engineer.
(d) To construct said improvements, prior to two (2) years from the date of
acceptance of this resolution, at the sole expense of the owners, or future owner;
(e) To maintain the public improvements, for a period of two (2)years from the date
of the acceptance of those improvements by the City of Dubuque, Iowa, at the
sole expense of the owners, or future owner;
And, further provided that said NEZTROP, L.L.C., as owners of said property,
shall secure the performance of the foregoing conditions provided in this Section by
providing guarantees in such form and with such sureties as may be acceptable to the
City Manager of the City of Dubuque, Iowa.
Section 3. Sidewalk installation shall be the responsibility of the owner
abutting the public rights-of-way, including lots with multiple frontages, as required by
City Code 41-161 through 41-164. The responsibility shall extend to all successors,
heirs and assignees. Sidewalk installation wilt not be required until the development of
the lot has been completed, except as required herein. In sparsely developed
subdivisions, sidewalks on developed lots will not be required until 50% of the lots
approved by the plat have been developed. All vacant lots shall have sidewalks
installed upon development of 80% of the lots approved by the plat.
Section 4. The developer will maintain the detention facility constructed as
part of Stone Brook Center Second Addition until it has been fully completed and 80%
of the sum of the platted lots in the entire Stone Brook Subdivision are fully developed
and the remaining 20% of these lots have installed adequate erosion control measures
as approved by the City. Upon the City's acceptance of the detention facility, the
maintenance expenses incurred by the City of Dubuque for the storm water detention
facility (Lot D)shall be assessed against the lot owners of Stone Brook Subdivision, in
Page 21
Resolution No. —04
Page 3
equal amounts, and the City Manager shall certify such costs to the City Clerk, who in
turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs
shall then be collected with and in the same manner as general property taxes in
accordance with provisions of law,
Section 5. That the final acceptance of all public improvements shall occur
upon certification of the City Engineer to the City Council that all public improvements
have been completed in accordance with the improvement plans and City Standards
and Specifications and accepted by City Council Resolution.
Section 6. That in the event NEZTROP, L.L.C.,fails to execute the
acceptance and furnish the guarantees provided in Section 3 hereof within 180 days
after the date of this Resolution, the provisions hereof shall be null and void and the
acceptance of the dedication and approval the plat shall not.be effective.
Passed, approved and adopted this 2nd day of February 2004.
errance M. Duggan, or
Attest.
anne F. Schneider, City Clerk
Page 22
ACCEPTANCE OF RESOLUTION NO. U- 04
I, the undersigned, Michael Portzen, representing NEZTROP, L.L.C., having read
the terms and conditions of Resolution No. li/ —04 and being Mmillar with the
conditions thereof, hereby accept the same and agree to the conditions required
therein. /
Dated this 9 164. day of �,d�cr � 2004.
By: elks
Michael Portzen
Page 23
CERTIFICATE OF CITY CLERK
STATE OF IOWA )
COUNTY OF DUBUQUE )
I, Jeanne F. Schneider, do hereby certify that I am the duly appointed, qualified, and
acting Clerk of the City of Dubuque, Iowa in the County aforesaid, and as such 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. 61-04 is a correct
copy of the original Resolution No. 61-04 approved and adopted by the City Council of
the City of Dubuque. Iowa, at a session held by said Council on the 2ntl day of February,
2004.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa on this 3' day of February, 2004.
Jeanne F. Schneider, CMC
s ',+f. 1 City Clerk
is
Page 24
THE CITY OF
DUB-�6 E MEMORANDUM
Masterpiece on the Mississippi
BARRY LINDAHL
CITY ATTORNEY
To: Mayor Roy D. Buol and
Members of the City Council
DATE: April 28, 2016
RE: Southwest Arterial Project—Acquisition of Property From Neztrop LLC
and Portzen Building Firm LLC
In connection with the acquisition of property for the Southwest Arterial Project, Neztrop
LLC and Portzen Building Firm LLC have agreed to the terms of a Purchase Agreement
for the purchase of necessary property and easements. As part of the consideration for
the Purchase Agreement, the City, Neztrop LLC and Portzen Building Firm LLC have
tentatively agreed to the following additional terms in the attached Agreement:
1. The City will vacate a portion of Stone Valley Drive which will no longer provide
access to US Highway 20 after the construction of the highway improvements.
The portion of Stone Valley Drive being vacated will no longer be needed for
public access. The City will convey the vacated portion of Stone Valley Drive to
Neztrop LLC by Quit Claim Deed.
2. The City will accept the lot on which the existing stormwater detention facility is
located in Stone Brook Center Second Addition without waiting for the
development of 80% of the lots in Stone Brook Center Second Addition. Upon
acceptance of the detention facility, the City will maintain the detention facility but
any expenses incurred for maintenance will be assessed to the lot owners of
Stone Brook Subdivision.
I recommend City Council consideration and approval of the attached Agreement.
BAL:tIs
Attachment
cc: Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer
Bob Schiesl, Assistant City Engineer
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will
hold a public hearing on the 20th day of June, at 6:30 p.m. in the Historic Federal
Building, 350 West 6th Street, second floor, Dubuque, Iowa, at which meeting the City
Council proposes to dispose of an interest by sale to NEZTROP, LLC in the following
described real property:
Lot 1 of Lot A and Lot 2 of Lot A in Stone Brook Center Second Addition, in
the City of Dubuque, Dubuque County, Iowa
At the meeting, the City Council will receive oral and written comments from any
resident or property owner of said City to the above action. Written comments
regarding the above public hearing may be submitted to the City Clerk's Office, City
Hall, 50 W. 13th Street, on or before said time of public hearing.
Copies of supporting documents for the public hearings are on file in the City Clerk's
Office, and may be viewed during normal working hours.
Any visual or hearing impaired persons needing special assistance or persons with
special accessibility needs should contact the City Clerk's Office at (563) 589-4100 or
TTY 563) 690-6678 at least 48 hours prior to the meeting.
Dated this 10th day of June, 2016.
1
Kevin S. Firnstahl, CMC, City Clerk