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Vacating Petition - North Grandview Avenue / University Avenue ROW_Tiefenthaler_Hearing Copyright 2014 City of Dubuque Public Hearings # 4. ITEM TITLE: Vacating Petition - North Grandview Avenue / University Avenue Right-of-Way SUMMARY: Proof of publication on notice of public hearing to consider approval of a request by Tom Tiefenthaler of K&T Real Estate, LLC to vacate and dispose of City interest in a portion of the North Grandview Avenue right-of-way in the southwest corner of North Grandview Avenue and University Avenue and the City Manager recommending approval. RESOLUTION Vacating a portion of North Grandview Avenue South of University Avenue to be known as Lot 1 of Tiefenthaler 2nd Place, in the City of Dubuque, Iowa RESOLUTION Disposing of City Interest in Lot 1 of Tiefenthaler 2nd Place in the City of Dubuque, Iowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Tiefenthaler Vacating Petition-MVM Memo City Manager Memo Staff Memo Staff Memo Resolution to Vacate Resolutions Resolution to Dispose Resolutions Plat of Survey Supporting Documentation Location Map Supporting Documentation Offer to Purchase Supporting Documentation Proof of Publication Supporting Documentation THE CITY OF Dubuque UBE 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/North Grandview Avenue Right-of-Way (Tom Tiefenthaler for K & T Real Estate, LLC) DATE: June 1, 2016 A request has been received from Tom Tiefenthaler of K & T Real Estate, LLC for the vacating of a portion of the North Grandview Avenue Right of Way in the southwest corner of North Grandview Avenue and University Avenue which abuts K & T Real Estate, LLC, 1660 University Avenue. K & T Real Estate plans to construct a new laundromat on the property to the west of the right of way. The vacating of this alley will facilitate the development of this site by providing an access to the business off an alley to the south of the site. K & T Real Estate and the City of Dubuque plan to execute an Offer to Buy Real Estate and Acceptance agreement where the City sells the vacated right of way for $31,549.12 if K & T Real Estate constructs a new nine stall public parking lot in the area southwest of the University and North Grandview Avenue intersection that will be owned and operated by the City. The agreement allows for the removal of the public parking stalls if the area is ever needed for future intersection improvements. Perpetual public ingress — egress easement rights will be reserved over the portion of vacated right of way. City Engineer Gus Psihoyos recommends the vacating and sale of the vacated right of way for the appraised value of $31,549.12 to Tom Tiefenthaler of K & T Real Estate, LLC. 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 2 THE CITY OF Dubuque ]DUB E Masterpiece on the Mississippi 2007.2012.2013 TO: Michael C. Van Milligen, City Manage FROM: Gus Psihoyos, City Engineer SUBJECT: Vacating Petition/North Grandview Avenue Right of Way (Tom Tiefenthaler for K & T Real Estate, LLC) DATE: May 23, 2016 INTRODUCTION This is in response to a request from Tom Tiefenthaler of K & T Real Estate, LLC for the vacating of a portion of the North Grandview Avenue Right of Way in the southwest corner of North Grandview Avenue and University Avenue in Lots 1 and 2 of the Subdivision of Lot 12 of Mineral Lot 172 which abuts the K & T Real Estate, LLC 1660 University Avenue. DISCUSSION The attached plat shows the right of way area proposed to be vacated. The abutting property on west side of the right of way is currently owned by K & T Real Estate, LLC. The right of way area to be vacated is described as Lot 1 of Tiefenthaler 2nd Place in the City of Dubuque, Iowa. Perpetual public ingress — egress easement rights will be reserved over the portion of vacated right of way. K & T Real Estate, LLC plans to construct a new laundromat on the property to the west of the right of way. The vacating of this alley will facilitate the development of this site by providing an access to the business off of an alley to the south of the site. K & T Real Estate, LLC and the City of Dubuque plan to execute an Offer to Buy Real Estate and Acceptance agreement where the City sells the vacated right of way if K & T Real Estate, LLC constructs a new nine stall public parking lot in area southwest of the University and N. Grandview Ave. intersection that will be owned and operated by the City. The appraisal price of the proposed right of way is $6.08 per square foot over the approximately 5,189 square feet to be vacated for a total value of$31,549.12. The City agrees to the following operation of the parking lot: a) Seller agrees to operate and maintain the Parking Lot for a minimum of ten years commencing on the date of acceptance of the Improvements by the City Council. After such ten-year period, Seller in its sole discretion many close and remove the Parking Lot from Area 2 without any cost or liability to Buyer. b) Seller intends to rent the 9 parking stalls in the Parking Lot at market rent from 6 am to 6 pm on weekdays. Seller intends to operate the 9 parking stalls as a public parking lot, posted as 2-hour maximum parking at all times other than rental hours. c) Upon completion of construction and prior to the initial renting any of the parking stalls, Seller shall provide written notice to Buyer, and Buyer shall have the option, upon written notice to Seller of the exercise of the option within thirty days after the date of Seller's notice, to rent up to 3 stalls from Seller. If Buyer fails to exercise the option or declines the option to rent any spaces, Seller may later rent available spaces at Buyer's discretion. The agreement allows for the removal of the public parking stalls if the area is ever needed for future intersection improvements. RECOMMENDATION I am recommending the vacating and disposal of Lot 1 of Tiefenthaler 2nd Place, in the City of Dubuque, Iowa. ACTION TO BE TAKEN The recommendation of the City Manager should be approved and that the vacating, and disposal of Lot 1 in Tiefenthaler 2nd Place, in the City of Dubuque, Iowa be approved through adoption of the enclosed resolutions. Prepared by Nate Kieffer, PLS 2 NAE LOCATION MAP DAGIS ELL000EAREA GaGKAPIICINFoaMA.1o,=.=.,I' Masterpiece on the Mississippi FIRE HSE. 4.x ._ :: �► 7 , � _ NO. 4 0&j I 1731 1755 E r N ALLISON HENDERSON " � 1 PARK 4' 1730 "' ri , HARTIG 1710 DRUG ,y 1690 1660 K&T REAL ' - ������ 1600 �. EST. -• AREA PROPOSED TO BE VACATED TO K&T - _ \`\� 1 lop REAL ESTATE, LLCa . APPROX. 0 57189 SQ. FT. 1739 sew 1725 i �� Dubuque.County Assessor, City of Dubuque Assessor DISCLAIMER:This Information was compiled (sing the Dubuque Area Geographic Information System DAGISI'whirl,mdudee data ci-eated by both the city of N Map Prepared by: Dubuque and Dubuque county It Is understood mat,while the city of Dubuque and obi-do bating ageodee utilized the City of Dubuque most current and__doe Informatlon available,DAGIS and 1 inch = 60 feet Engineering Division its suppliers do not warrant the accuracy or currency of the information or data contained herein.The city and participating 50 West 13th Street agendee snail not be Heid cable for any direct,indirect,incidental, Dubuque,Iowa 52001 mnsmquentiai,punitive,or special damages,whether toi-esmeabie or unforeeeeable,wising out of me autho, ed or unauthorized use of 60 30 0 60 Feet Phone:(563)589-4270 this data or the Inability to usre this data or out of any breach of warranty wharoene- Fax:(563)589-4205 OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: The City of Dubuque, Iowa, Seller: SECTION 1. REAL ESTATE DESCRIPTION. Seller is the owner of the real estate legally described as Lots 1 and 2 of the Subdivision of Lot 12 of Mineral Lot 172 in the City of Dubuque, Iowa, according to the recorded plat thereof. K & T Real Estate, LLC (Buyer) offers to buy real estate in Dubuque County, Iowa, which is located in Lots 1 and 2 of the Subdivision of Lot 12 of Mineral Lot 172 which is public right of way, as follows: A portion of Excess Right of Way at North Grandview Avenue and University Avenue, being approximately 5,189 square feet in size and shown as Area 1 on Exhibit A attached hereto and by this reference made a part hereof 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 Area 1; provided Buyer, on possession, is permitted to make the following use of Area 1: access and parking lot. SECTION 2. PRICE. The price for Area 1 as shown on Exhibit A is $31,549.12 ($6.08 per square foot for approximately 5,189 square feet) payable in cash at closing. The final purchase price will be determined by survey. SECTION 3. REAL ESTATE TAXES. Seller must pay any unpaid real estate taxes payable in prior years. Buyer must pay all subsequent real estate taxes. Real estate taxes on Area 1 for the current fiscal year will be prorated to the date of possession. SECTION 4. POSSESSION. If Buyer timely performs all obligations, possession of Area 1 will be delivered to Buyer on Turki 30, z1or such other date as the parties agree in writing, with any adjustments of rent, insurance, and interest to be made as of the date of transfer of possession. SECTION 5. RISK OF LOSS AND INSURANCE. All risk of Toss shall remain with Seller until possession of the Real Estate shall be delivered to Buyer. SECTION 6. DEED. Upon payment of the purchase price, Seller will convey Area 1 to Buyer by Warranty Deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. SECTION 7. TIME IS OF THE ESSENCE. Time is of the essence in this Contract. 042516ba1 SECTION 8. REMEDIES OF THE PARTIES. If either party fails to timely perform this Contract, Buyer and Seller 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. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This Contract applies to and is binding upon the successors in interest of the parties. SECTION 10. TIME FOR ACCEPTANCE. If this offer is not accepted by Buyer on or before Tv/k , 2016 it is will be void and all payments must be repaid to the Seller. SECTION 11. OTHER PROVISIONS. 11.1. Vacating Responsibilities. Seller will take the necessary actions required by law to vacate Lots 1 and 2 of the Subdivision of Lot 12 of Mineral Lot 172. Buyer must comply with all vacating requirements described in Exhibit B attached hereto and by this reference made a part hereof. Buyer must reimburse Seller upon receipt of a statement from Seller for all actual costs incurred by Seller, including publication and recording fees, incurred to vacate Lots 1 and 2 of the Subdivision of Lot 12 of Mineral Lot 172. Buyer is responsible for all costs for surveying, platting, filing, and recording fees. 11.2. Parking Lot. The attached Exhibit A shows Area 1 and Area 2. Seller will retain title to Area 2. (1) Construction of Improvements. (a) Upon receipt of necessary variances, permits and approvals described in subsection (b) below, Buyer shall, within 12 months after closing, construct a nine -stall public parking lot (the "Parking Lot") on Area 2 with a driveway to the alley to south, including all pavement markings, signage, and associated landscaping, as conceptually shown on Exhibit A (the Improvements). (b) Buyer shall be responsible for obtaining any variances necessary to construct the Improvements. Seller shall cooperate with Buyer to obtain any needed variances, permits and approvals to construct the Improvements. If the necessary variances, permits and approvals cannot be obtained, then Buyer shall have no obligation to construct the Improvements. (c) Buyer shall design the Improvements to all applicable state and city standards. Parking Lot construction plans, including grades and elevations, must be designed to work in conjunction with future round -a- bout improvements at the intersection of North Grandview Avenue and University Avenue to the satisfaction of Seller's City Engineer in the City Engineer's sole discretion. (d) Seller will own the Improvements located on Area 2 after the Improvements are inspected and accepted by the City Council. (e) Buyer will be responsible for any and all construction inspection and materials testing as deemed necessary by Seller's City Engineer in the City Engineer's sole discretion, including but not limited to concrete cylinder testing and base material compaction testing. (f) Buyer will provide any and all bonding and insurance for the Improvements as deemed necessary by the Seller. (2) Operation of Parking Lot. (a) Seller agrees to operate and maintain the Parking Lot for a minimum of ten years commencing on the date of acceptance of the Improvements by the City Council. After such ten year period, Seller in its sole discretion may close and remove the Parking Lot from Area 2 without any cost or liability to Buyer. (b) Seller intends to rent the 9 parking stalls in the Parking Lot at market rent from 6 am to 6 pm on weekdays. Seller intends to operate the 9 parking stalls as a public parking lot, posted as 2 -hour maximum parking at all times other than rental hours. (c) Upon completion of construction and prior to the initial renting any of the parking stalls, Seller shall provide written notice to Buyer, and Buyer shall have the option, upon written notice to Seller of the exercise of the option within thirty days after the date of Seller's notice, to rent up to 3 stalls from Seller. If Buyer fails to exercise the option or declines the option to rent any spaces, Seller may later rent available spaces at Buyer's discretion. 11.3 Easements. Buyer shall grant Seller a non-exclusive ingress and egress easement for the public over Area 1 for access to Area 2 as long as the Parking Lot remains in existence (i.e., has not been converted into a round -a -bout). 11.4. Environmental Provisions. Seller accepts the Real Estate "as is" and further agrees to defend, indemnify and hold Seller harmless from and against any and all claims of any kind arising out of or resulting from the condition of the Real Estate caused by Buyer or occurring after the closing. 11.5. Notices. The following must be used for purposes of providing written notice pursuant to this Contract. 3 City of Dubuque City Manager 50 West 13th Street Dubuque, IA 52001 K & T Real Estate, LLC 1107 Scenic Hill Lane Dewitt, IA 52742 11.6. This Contract is subject to final approval by the City Council. 11.7. Buyer may not sell or assign this Contract unless the purchaser or assignee acknowledges the obligations of this Section 11 in writing and agrees to be bound thereby. 11.8. The covenants in this Section will survive the Closing. 11.9. Care and Maintenance. The Real Estate shall be preserved in its present condition and delivered intact at the time possession is delivered to Buyer. 11.10 Abstract and Title. Seller, at its expense, shall promptly obtain an abstract of title to the Real Estate continued through the date of acceptance of this offer, and deliver it to Buyer for examination. It shall show merchantable title in Seller in conformity with this agreement, Iowa law and Title Standards of the Iowa State Bar Association. The abstract shall become the property of Buyer when the purchase price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller. THIS OFFER IS ACCEPTED Dated: 6-77/,/ t l CITY OF DUBUQUE, IOWA, SELLER K & T REAL I TATE, LLC, BUYER Dated: By Michael C. Van Milligen City Manager 4 By Thomas-Tiefenrtha-4 President EXHIBIT A AREA MAP 5 DUB LiefUFT. EXHIBIT A :•REA 2 - EXCESS RIGHT NAY AT N GRANDVIEW 4D UN(VERSIT+ '•,•11' DAGIS Pc ).OSED 9 STALL PARKING LOT -PFOX.BOUNDARYt• AREA NEEDED FOk ROUNDABOUT AREA 1•APPROX 4-4 SO FT 5,(84 1 inch = 60 feet so 80 F.,.. bop Prepafo0 ay c,T7 of 0u114,140 Enoreamg praetor 50 Wail 13th Sheet pots&a lono 5240' (563) 582-4270 Fu (463)509.4205 EXHIBIT B VACATING PROCEDURE 9 CITY OF DUBUQUE VACATING PROCEDURE The 'following procedure is used in the process of vacating an area of public rightoPway (streets or alleys) in the City of Dubuque, Iowa.. 1. Submit a sketch of the proposed area to be vacated to .the City Engineer's office. 2_ The City :Engineers office will check for sewer and: water utilities in the area arid give a preliminary indication ,of whetherthe vacatingis.favOrable or unfavorable. 3_ If a favorable condition exists, .submit the request to vacate in wiling to: The Honorable Mayor and City Council at 50 West 13P Street .DubuqueIowa,. with reasons for the proposed vacating and a sketch ,of the area to be vacated. The -Council Will refer the proposed vacating request to 'City staff. 4. You must .obtain the written consent of the abutting property owners of the proposed area to be vacated and any others affected by the proposed vacating,. as deterimned by the City Engineer.. •(You may want to consider this prior to submitting the letter to, City Council.) 5. The City notify the utility companies of the proposed vacating and inquire of the need for easements ,'Petitioner may contact utility companies ,prior to this step if they desire. The City may reserve an easement for any existing or proposedIptiblic or private utilities located Within the proposed 'vacate area This easement would preclude the placement of a building on the vacated right-of4ay in orderto allow for maintenance and construction of said utilities. 6. The City may have an appraisal prepared for the property to determine the fair market value, or use an assessed value of adjacent land based on a price per square foot The minimum :purchase price is 5300 to cover the cost of coordinating and processing the request through City Council. (You may obtain an independent appraisal at your expense, if you desire.) In addition; you would be responsible forrpaying publication and filing fees of 5100 associated with the vacating process. 7. A plat ,of survey must be prepared at your expense by a licensed Land Surveyor_ This will show the boundaries ,of the proposed vacating and assign a legal description to the property. The plat should show the division of the right-of4ay if ft is to be split between other abutting property owners. 8. Upon receipt of the prat of survey of the area proposed to be vacated, the request will be taken to the City Council to be set for a public hearing and formal approval_ 9. After the public hearing approval by the 'City. Council and receipt of the purchase price and publication of filing fees, the City will execute a Quit Claim Deed for the vacated property and record the deed.. 10. You can pick up the recorded Quit Claim Deed after it has been returned to the City Clerk's office at 50 W. 13'n Street from the County Recorder. 10:13:08 10 Prepared by: Return to: IIII llII 1111 111111111111 11 111 11 111111 Doc ID 008457200007 Type: GEN Kind: RESOLUTION Recorded: 06/15/2016 at 04:06:50 PM Fee Amt: $37.00 Page 1 of 7 Dubuque County Iowa John Murphy Recorder F11e2016-00007430 Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 228-16 RESOLUTION VACATING A PORTION OF NORTH GRANDVIEW AVENUE SOUTH OF UNIVERSITY AVENUE TO BE KNOWN AS LOT 1 OF TIEFENTHALER 2ND PLACE, IN THE CITY OF DUBUQUE, IOWA Whereas, K & T Real Estate, LLC has requested the vacating of a portion of the North Grandview Avenue Right of Way south of University Avenue in the City of Dubuque, Dubuque County, Iowa; and Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the May 9, 2016 prepared by Hinkle Engineering and Surveying, describing the proposed vacated street right of way, in the City of Dubuque, Iowa; and Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this 20th day of May, 2016, the City Council of the City of Dubuque, Iowa met on the 6th day of June, 2016, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the proposed vacated portion of the North Grandview Avenue Right of Way to be known as Lot 1 of Tiefenthaler 2nd, in the City of Dubuque, Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 0,t37, 00 Ke Section 1. That the real estate described as Lot 1 of Tiefenthaler 2nd Place, in the City of Dubuque, Iowa, Dubuque County, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 6th day of June, 20 Attest: Kevin S. Firns hl, CMC, ity Clerk Ric W. J es, 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. 228-16 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 7th day of June, 2016. Kevi . Firnstahl, C , City Clerk SEAL .P.1111.01111111 0 25' 50' Scale 1"= 50' 13 14 100' 88.14' PLAT OF SURVEY TIEFENTHALER 2ND PLACE IN THE CITY OF DUBUQUE, IOWA DESCRIPTION: LOCATED ON LOT 1 AND LOT 2 OF THE SUBDIVISION OF LOT 12 OF MINERAL LOT 172 IN THE CITY OF DUBUQUE, IOWA. C UNtNER51 N80' 50' 2871.-7- (44.16) 8 E(44.16) 15 n 16 LEGEND: p SET 5/8" REBAR W/ BLUE CAP N0. 18875 0 SET MAG NAIL X SET CUT X • FOUND 5/8" REBAR W/ BLUE CAP NO. 18875 • FOUND 1/2" REBAR 17 H80' 50 _28"E 18 LOT 45 .MORHEISER'S .ADDTION 09••. fRo !a FOUND 1/2" REBAR W/ YELLOW CAP NO. 10272 FOUND 1" PIPE 50.00' MEASURED DISTANCE (50') DEED OR PLATTED DISTANCE PREPARED BY: HINKLE ENGINEERING & SURVEYING 2100 CAMANCHE AVE. CLINTON. IA 52732 PHONE (563) 243-4027 FAX (563) 243-4029 Project Name: TIEFENTHALER 2ND PLACE Project #:15-1622 Nsp,� Og, 4� iY .t`1%SSIONq j''�-.,,� So = DOUGLAS M. c= =141 NDNKLE 1.p<3 18875 bi.p4i 19 FOR: CITY OF DUBUQUE 50 WEST 13TH STREET DUBUQUE. IOWA 52001 861' 34 39"£ (15.50") ,38.55 0 o W N v) - N87' N87' 49' 02"W 55.00' 880' 44 26"W 92.06• S.E. COR. LOT 19 OF ; A ' (32.21)7. LOT 45 MORHEISER'S ADDTION til 411 h Doc ID: 006439560006 Type: GEN Kind: SURVEY PLAT Recorded: 05/20/2016 at 01:41:10 PM Fee Amt: $32.00 Pape 1 of 8 Dubuque County Iowa John Murphy Recorder Fiie2016-00005972 • NOTE: LOT 1 WILL HAVE A PUBUC INGRESS/EGRESS EASEMENT OVER THE ENTIRE LOT. I HEREBY CERTIFY THAT TI -US LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. DATE 6/%/0//6 DOUGLAS M. HINKLE, L.L.S. IOWA REG. NO. 18875 MY LICENSE RENEWAL DATE IS DECEMBER 31. 2017 PAGES OR SHEETS COVERED BY THIS SEAL, SHEET 1 OF 1 2° oma„ Ours STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: May 20, 2016, and for which the charge is $56.54. Subscribed to before me, Notary Public in and for Dubuque County, Iowa, this G,7_065_ 9 day of , 20/( . (otary Public in and for Dubuque County, Iowa. 4� �n o.P MARY K. WESTERMEYER Commission Number 184888 My Comm. Exp. FEB. 1. 2017 CITY.OF DUBfJQUE, IOWA OFFICIAL NOTICE. PUBLIC NOTICE is hereby Igwen =that the' City Council of the City Of Dubuque Iovya will hold ..a: public hearing l on the 6th day of ,lune,1 203,6 at'6 30 p.m..' in the Htstol;�ederah,BBuljd .f i0V 350 West:.6th Street;' second :floor Dubuque Iowa;; at. ; whit i rneeting tFie. City Council" proposes io dispose;; of an -•interest tri the following descn fled real property by rvacatesan purchase to k&T Real Estate, LLC:: Rightof Way of North Grandview z Avenue south `' of University Avenue;, tieing pert of Lots t"and 2 of the.Sub division',:' ft Lot"'12 of°. Mirleral;Lo 172, In the City of;:Dubuque~>;lowa and assigned slot filum berg :;tberetd .which hereinafter Shall be known and described as LOt,i 4ria:Lot12. oi" Tie f ithaler.2nd3ilagee, in theClty of Dubuque, Iowa At the meeting, the City .Council w lI re ceive oral and ,rotten camments frpmf; arty resident.yar-, dj e prttSr ownerof said C±ty to. to K &T°_Real' estate, the above athon;'Writ .LLC:: .upon ;t -h terms ten conyments reepgard i. and ":',.'conditions, of:, the ing then above ublic Offer to Bay Real.Es hearing;inay be sub late.;-,and;'`Acceptance.;. matted to the City ` -Agreement attached Clerks s Office,, ;:City ..hereto Hall, 50 W 13th. Street, , ., SectioFr;2 That= the.•. on of ;por Befoheare rs -saig:d time Tiefenthaler'2n conugyance. of Lot ;1of ublicij;P.lace Copies of suppportrnq Little City`,,of Dubuque;`. documents for{tna pub ." Iowa ti K4& T Real Es lac. hearings are; on file ,tate LLG be contingent rn the City Clerk's Of upon the., payment'in.: free,. and 'rtiay: be {{ `the amour* of. viewed during normal I l $3154912 ;.isubject••:.to the conditions of the -Any visual or:heanng ;Offer 'To Buy Real :'Es working impaireil hours persons I tate 8nd''Acceptance: needing special -assis :Agreement . between.. tante or persons' with the'City and' K '&„T Real special.-- accessibility 1, Estate, LLC;, plus all•ap-;I needs"should contact plicable.costs for plat- the -City Clerk's.Office ting publication, 'end at (563) 589.4100 pr filing fees TTY 563) 490;5678 a# Section 3t;;That a pub- ieast,48 hours prior to, lit hearing' en the in the meeting tent to :vacate and.dis- TieferiDated;thts 20th day df _ ..pose . of,', Lot . 1 • of" May.2016 t(evin:5 Firnstahl, "City Whereas, -i< & T.Real 1 Estate LLC :quested ;the vacating•, �.:and purchase of the :portion .of,the . Right of, :` Way of.• North••Grand view Avenue south` of c Umyersrty Avenue be- ingpartotlott 1 and2. of the>5ubdivrslonof.l . Lot ,t2 of y ineral .Lot .I �17� and ..i `Whereas;iHrnkle: Engi=`i neering and Surveying i.has prepared and sub miffed to, the .City. Council ,a plat showrn - the proposetl vacated ' Right of Way of North Grandvieyv= Avenue=l south of University.: v,Avenue being - part -of Lots 1 and 2 of the Sub- division of Lqt 12 Mineral Lot1172rin=the City of Dubuque,!lewa and: assigned: lot num= bens thereto which. hereinafter shall,:, be• known.%and descrifed. as Lot 1 and Lot 2 of Tiefenthaler 2nd Place, (nl the pity ofDubuque, loVva. r ,', NOW F EREFORE; BE ESOLVED BY THE ITIS COUNCYL,OF.THE fTY D5 DUBUQUE;' 10- Section4That the ., City of Dubuque In-. fends to" vacate and dispose Of its, mtdtest in Lot 1 ofTiefenthaler'' 2nd -Place, -in the Cityof Dubuquer.lowa by sale by.sale;to:K & ,T peal k Estate '-LLC `• it, hereby: it 512u; • set for the 6th -day of. „RESOLUTION June,,,2016,'at the His- LUTIO-1So . toric. Federal Building; RESOLUTION CIN '350 W 6th;Street, Du- TENT".,TO. VACATE :bugle, iowa, beginning:::. AND' ' 'DISPOSE OF _ at ,6i10 p.m and ;the.; CITY INTEREST INA City Clerk- RIGHl)e and a5.: PORTION . OlF 'TNF . hereDy authorized NORT :. OF MAY OF ;.:directed -to cause:a NORTH'-"GRANDVIEW tce of pablic searing' AVENUE SOUTH OF 7 ori the int t to. Vacate' UNIVERSITY`. AVENUE, `and dispose-ot"said` re-. 1 NR _PART HE:SU S al'estate to be publish- 1 AND 3 OP LOT .1 ed in the manner s. DIVISION OF LOT , , prescribed ;by law OF MINERAL LOT 172, ;p�ed,approved_and'9 TO _BE . KHOWN AS adopted this 16th day LOT 1 Oil IEFENTHA pf May 201:6. LER '2ND PLACE, IN Roy D; Buol Mayor THE ;CITY -BY SAU t Attest. Kevin; S, QUE, IOWA-BY"°SALE' Fimstahl„City TO E, LLC REAL ES it 5/20' ' TATE4LC; STATE OF IOWA CERTIFICATE of the CITY CLERK ) SS: COUNTY OF DUBUQUE ) 1, 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 Clerk I have in my possession or have access to the records of the proceedings of said City. I hereby certify that the hereto -attached Certification of Publication 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 8th day of June, 2016. (SEAL • 0 Kevin S rrnsta I, CM , 1111 1111111111111111111111011 II0 II0 IIII II Doc ID 008457210007 Type GEN Kind: RESOLUTION Recorded: 06/15/2016 at 04:07:15 PM Fee Amt: $37.00 Page 1 of 7 Dubuque County Iowa John Murphy Recorder Fi1e2016-00007431 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 Returned to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. 229-16 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 1 OF TIEFENTHALER 2ND PLACE, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this 20th day of May, 2016, the City Council of the City of Dubuque, Iowa met on the6th day of June, 2016, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 1 of Tiefenthaler 2nd Place, in the City of Dubuque, Iowa, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 1 of Tiefenthaler 2nd Place, in the City of Dubuque, Iowa, Dubuque County, Iowa, to K & T Real Estate, LLC be and the same is hereby approved for the sum of $31,549.12, subject to the conditions of an Offer To Buy Real Estate and Acceptance Agreement between the City and K & T Real Estate, LLC plus all platting, publication, and filing fees. The City Manager is hereby authorized to execute and sign said Offer to Buy Real Estate and Acceptance Agreement. Conveyance shall be by Warranty Deed. Section 2. That the Mayor be authorized and directed to execute a Warranty Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to K & T Real Estate, LLC upon receipt of the purchase price in full. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 6th day of Ju X016. IR' " W. Jo ayor Pro -Tem Attest: Kevin S. irnstahl, MC, ity Clerk STATE OF IOWA CERTIFICATE of the CITY CLERK ) 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. 1 do further state that the hereto attached Resolution No. 229-16 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 7th day of June, 2016. I I 0' 25' 50' 100' Scale 1"= 50' 88.14' -13 14 14 15 LEGEND: p SET 5/8" REBAR W/ BLUE CAP NO. 18875 0 SET MAG NAIL X SET CUT X ▪ FOUND 5/8" REBAR W/ BLUE CAP NO. 18875 • FOUND 1/2" REBAR PLAT OF SURVEY TIEFENTHALER 2ND PLACE IN THE CITY OF DUBUQUE, IOWA DESCRIPTION: LOCATED ON LOT 1 AND LOT 2 OF THE SUBDIVISION OF LOT 12 OF MINERAL LOT 172 IN THE CITY OF DUBUQUE. IOWA. cENTERUJE UNr°JER` ccv N80' 50,.23-E 132.48.. 080'56 28"E 44.37' (44.16) 16 17 18 19 LOT 45.MORHEISER'S .ADDTION 4L,_ 0C9:, ()b �1 FOUND 1/2" REBAR W/ YELLOW CAP NO. 10272 O FOUND 1" PIPE 50.00' MEASURED DISTANCE (50') DEED OR PLATTED DISTANCE PREPARED BY: HINKLE ENGINEERING & SURVEYING 2100 CAMANCHE AVE. CUNTON, IA 52732 PHONE (563) 243-4027 FAX (563) 243-4029 Project Nome: TIEFENTHALER 2ND PLACE Project #:15-1622 4.^ 199 M.f'•• �Lo \' =c:: DOUGLAS M.t\'c ' HINKLE 1"18875 18815 'L >\, r/yds N81' 34 , 3 rE ,38.55 (15.50) FOR: CITY OF DUBUQUE 50 WEST 13TH STREET DUBUQUE, IOWA 52001 N87' 49' 02"w 55.00' N80' 4426"ry 92,06. S.E. COR. LOT 19 OF (32,21)_!; LOT 45 MORHEISER'S ADOTION 'A114411I iq [;����iMlll ll�I;� 11 I Doc ID' •0 60•.M•' YPs. GEN i Kind: SURVEY PLAT Recorded: 05/20/2016 at 01:41:10 PM Fee Amt: $32.00 Pape 1 of 8 Dubuque County Iowa John Murphy Recorder F31e2016-00005972 NOTE: LOT 1 WILL HAVE A PUBLIC INGRESS/EGRESS EASEMENT OVER THE ENTIRE LOT. I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. DATE 5/%�a16 DOOGLAS M. HINKLE, L.I.S. IOWA REG. NO. 18875 MY LICENSE RENEWAL DATE IS DECEMBER 31, 2017 PAGES OR SHEETS COVERED BY THIS SEAL, SHEET 1 OF 1 59° ®�,,y CItirt STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: May 20, 2016, and for which the charge is $56.54. Subscribed to before me, Notary Public in and for Dubuque County, Iowa, this E _ day of , 20/67 I otary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 164885 My COMM, Exp. FEB. 1, 2017 :WhereaS-,--K 7AT :Peel• c„, D r•lE,ostoaotee,d,,,• irndg.: • • ' 10WA:Y.' I aricrPiirchaSe' of the • OFFICIAL NOTICE ! portion of the.Right of: RuBLiC NOTICE is j way-, of North :Grand - hereby TgiVer0hAt!thei-i view Avenue south of ' City Codneil Oft(ie CitY 1.1fliyersity, Avenuebe- - OfDUblicitie,10,at ing-pAtt,of,Lot$1. and2 ,.'hOld.,i'••••„dublicitiedring,,i of the.•:500,01V-iSidif, of day : Of JunelLot l2 of Mineral Lot 205 At 6;10 p.i-On tJ,e 172.ad Hist9Feder403(iiid-1 neeting And Surveying ---•" liaNd Ind; sub w 350 West 6th mitted to the City, Street ; con ef4loor',•;coUrf911 a :Plat tliOVY.(0,g; D(ibugAeie,Ai39'il4f",-, at the 'oropetedvacated 'Rlght of ).4ay!of: North Councilroposes to gonOVieW4., •,•,AVeni4edtspose ot an interest - -, South of •0hi,versitY being part of 1141':•0410rop:ettk)•-011":1 LOS f tie Sub ivadateiarlicilerPfjase:toivrsr�r;�f.Loi12 t.; Kg,T. Real Estate, of yy of North ‘CitY'6fpjbjPle'.'Icv:dnc:esSignetletlhur-etf„UnieritYbets thereto Which • south :Averige011e4f14.13kIVOI fierelifafterr...,;1,shilt be. LettreAdZetthe5nd-5, knoWtv-;41-0-: desdribetl- di4111471 05:61tt df enth a 14 2nd Plete,".1 aS- en;d Lot:2 'Of, City*'Of :',0-Pbdaue';')Pv$1 n the Cit, of.NbUque, and assigjied dot num Iow bers.A,4he4ete'WhiciCNOW THEREFORE BE "hereinafter : be Ihit.,I.PESOINEC: By, THE known and described tix.• CIOONC,11., OF .THE !.,:lej,f,y„,iWciub(:10()E: I 0:=. TieferithalerWidWIA* I: WA in the City of Dubii9Oe, 7:Settlerallitrat the Iowa • •-:: ' ' ;.: ]-'City of Dubuquein At •ithe : me6tirig;:,the,. tends tO 1,.1vadateji•orici•:' CLty; POLincil tjklM, • dispose Of its untdest terve deal.:andir qk!.00',", :in.:Let Vet Ilefehthaler.5: 2nchPlacdtiothA CitYnf reSident'P'er.1:1,FIPPeft,Y::‘; Dubuque Iowa by sale owner of said CFtyto to. :4,T.'Rear:,estatethe abye, ten dereirrier*treVZ,.!'t 'ellriCd':201411ti•olnit.'ett!rtn.lhes : ihg Offer to Bdy Real 1 tate,-And,, Acceptance. initted.'Agreement attached '1 , hero). Hall, 50 W.: 15trt,streAti ootnpoorlbioeffitrtoagid. Tlefepthaier 2nd Place Copies of ,S0PPorj-fn6 irthe ofoubuque docilitnentslOrAnettitf,,,. 71,, Real Es lic hearings tAto 'On file tate, LCbeconth1gent in, the City Of• ' Tice;...up0n the payment in and jnaj be the aniount of viewed during-,ing,r,!1$fl 549 12 subjd to ,the:;CohclitteriS- of: the Any visual or-heai-ing •-:ofter19::..-auy4Real Es- mp&ired persons tate anI Acceptance, needing 'Spedial ',Ar9,orrient •••,,between tante •or persons with sPePlai Edtate LLC needs Should' contact • -- • • the .City. Clerk's :Office: , at :(563)..,50941.00, or ,71114',- 551). 65k6618 least, .4,8 .hours prior to the neing..: • • May 2016. • • - Xevin FirriStahl, City W2R0.EB91,.:01; '7, N41'105-10 : . • RESOLUTION OF IN- . TO VACATE: • ANDDISPOSE OF CITY INTEREST IN •k PORTION OF ' THE • RIOHt 'WAY OF, NORTH 'GRANDVIEW,' AVENUE SOUTH OF UNIVERSITY! AVENUE,. BEINARART„OF LOTS 1 AND4,OFIIIRSUW L'OT. 12 OF MINERAL LOT 172, TO ,BEA(NowN, AS LOT4,OF T1EFENTHA- LEW 2ND LACE, IN THE .DUE,, :IOWA BY SALE TO PE4 ES- TATE, LLC: pecaDJe. costr.or piat- • :filing fees: •-Section kThet apub- Iic hearing :oiril„the •, • tentto Yacate • pose of,I L'Ut 1, of. TiefenthAler '711C1'11314ce. by: s&e-to :K& T Beal Estate,,,I1C''is,, hereby: set:for .the 6hday ,of •lune,.„2016, a -the His- toric Federal Building, •BtNStreet; at and:',theCpty Clerk e and is: directed to caute,a,no=, 'eff the intent:to .Vacate ricl•diSpciSecif Said re- ; al estate to be Publish- ed in,. the manner. as I :prescribed • pppetweo(AritV:.: . adogtect. this, .16t4,.:14:.: ofMay 01G Roy tteS•bliev in 1 It 5/20' 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 Clerk I have in my possession or have access to the records of the proceedings of said City. I hereby certify that the hereto -attached Certification of Publication 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 8th day of June, 2016. AvezewArre- Kevin S. irnstahl, CM• y Clerk (SEAL f 111111111111111111111111111111 Doc ID: 008457220002 Type GEN Kind: WARRANTY DEED Recorded: 06/15/2016 at 04:07:47 PM Fee Amt: $17.00 Page 1 of 2 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder Fi1e2016-00007432 Prepared by: Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque IA 52001 563 583-4113 Return to: Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque IA 52001 563 583-4113 Tax Statement to: K & T Real Estate, LLC 1107 Scenic Hill Lane DeWitt, Iowa 52742 WARRANTY DEED For the consideration of one dollar and other valuable consideration, the City of Dubuque, Iowa, conveys to K & T Real Estate, LLC, the following described real estate in Dubuque County, Iowa: Lot 1 of Tiefenthaler 2nd Place, in the City of Dubuque, Iowa This Deed is given pursuant to the authority of Resolution No. 229-16 of the City Council of the City of Dubuque adopted the 6th day of June, 2016, the terms and conditions thereof, if any, having been fulfilled. Grantor reserves unto itself a non-exclusive ingress and egress easement for the public over Lot 1 for access to Lot 2 of Tiefenthaler 2nd Place as long as a public parking lot remains on said Lot 2. Grantor does hereby covenant 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. Dated this /eof , 2016 at Dubuque, Iowa. CITY OF DUBUQUE IOWA By: a �a Roy uol, Mayor 060816bal 6) /IS rye Attest: By: Trisht. Gleason, Assistant City Clerk STATE OF IOWA ) COUNTY OF DUBUQUE ) SS On this 10 day of �� , 2016, before me a Notary Public in and for said County, personally appeared Roy D. Buol and Trish L. Gleason to me personally known, who being duly sworn, did say that they are the Mayor and Assistant City Clerk, respectively of the City of Dubuque, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and Assistant City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. Notary Public in and buque County, Iowa F:\USERS\tsteckle\Lindahl\K & T Real Estate LLC - Tiefenthaler\Closing Docs\WarrantyDeed_060816.doc 2 lei `•, PAMELA J. MCCARRON r Commission N , : r 772419 My Comm. Exp. — imrrn11111111111111111111aw111i Doc ID 008457230002 Type: GWH Kind: GROUNDWATER HAZARD Recorded: 06/15/2016 at 04:07:59 PM Fee Amt: $0.00 Page 1 of 2 Dubuque County Iowa John Murphy Recorder F11e2016-00100098 1 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name City of Dubuque, Iowa Address 50 West 13th Street Dubuque Iowa 52001 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name K & T Real Estate, LLC Address 1107 Scenic Hill Lane De Witt Iowa 52742 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: A portion of Excess Right of Way at North Grandview Avenue and University Avenue Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) Lot 1 of Tiefenthaler 2nd Place, in the City of Dubuque, Iowa 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) 201U-7-132- 5. Private Burial Site (check one) There are no known private burial sites on this property. _ There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) _ All buildings on this property are served by a public or semi-public sewage disposal system. X This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. _ There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. _ There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] _ This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: _ The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: I HEREBY DECLARE THAT 1 HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: . Srtazt,try" (Trensfero r Agent) Telephone No.: 5L 3, 5g1.'4)13 FILE WITH RECORDER DNR form 542-0960 (July 18, 2012)