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
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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
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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)