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Sale of Property - 321 Valeria Street_Redfern/Adams_Hearing Copyright 2014 City of Dubuque Public Hearings # 5. ITEM TITLE: Sale of Property-321 Valeria Street SUMMARY: Proof of publication on notice of public hearing to consider the sale of property located at 321 Valeria Street to Dawn M. Redfern a/k/a Dawn M. Adams and the City Manager recommending approval. RESOLUTION Disposing of City interest in real property located at 321 Valeria Street, in the City of Dubuque, Iowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Sale of Property Located at 321 Valeria Street-MVM City Manager Memo Memo Staff Memo Staff Memo Resolution Resolutions Real Estate Contract 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: Sale of Property Located at 321 Valeria Street DATE: July 12, 2016 Housing & Community Development Department Director Alvin Nash recommends City Council approval of the sale of property located at 321 Valeria Street to Dawn M. Redfern a/k/a Dawn M. Adams, who currently owns and occupies the adjoining property located at 154 W. 23rd Street. The City of Dubuque took possession of 321 Valeria Street in October 2015 through Court Order by filing for Petition for Title. As part of the transaction Adams will have the two properties platted into a single parcel. A 21-year single family owner-occupied restrictive covenant will be placed on the consolidated property. I concur with the recommendation and respectfully request Mayor and City Council approval. Micliael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Alvin Nash, Housing & Community Development Department Director THE CITY OF Dubuque AII11-America CiI.ty UB E1 Masterpiece on the Mississippi 2007.2012.2013 TO: Michael Van Milligen, City Manager FROM: Alvin Nash, Housing and Community Development Department SUBJECT: Sale of Property Located at 321 Valeria Street DATE: July 12, 2016 Introduction The purpose of this memorandum is to request approval of the attached Contract for Sale and Agreement of City owned lot located at 321 Valeria Street. Background The City of Dubuque took possession of 321 Valeria Street in October of 2015 through Court Order by filing for Petition for Title. Upon taking possession in late October the Housing staff performed an interior inspection. The inspection revealed a major roof leak that has done extensive structural damage and produced significant mold growth. The cost of mitigation for mold and asbestos would increase the overall cost for deconstruction. The deconstruction cost total would be $20,000 - $30,000 and the value of the lot would only be $5,000 - $6,000 because of its size, shape and location. Discussion This sale will be to Dawn M. Redfern a/k/a Dawn M. Adams, who currently owns and occupies the property located at 154 W. 23rd Street, which adjoins each other on the east side. As part of the transaction Adams' will have the two properties platted into a single parcel. A 21-year single family owner-occupied restrictive covenant will be placed on the consolidated property. The City of Dubuque will pay for asbestos testing and mitigation of any hazardous materials, removal/disconnection of sewer/water connections at the mains. Adams' would be responsible to combine the two parcels and to demolish 321 Valeria Street. The abstract for 321 Valeria Street and 154 W. 23rd Street will be re-platted combining the two parcels with the Restrictive 21-year covenant being attached to the parcel before deeding the property to Adams'. The Real Estate will be restricted for residential use of no more than one single-family owner-occupied property. Rental of the real estate is not allowed. No portion of the real estate can be rented as an apartment. On July 5, 2016, the City Council, passed Resolution No. 266-16 declaring its intent to dispose of the City-owned lot at 321 Valeria Street. Action Step I request that the City Council passes, approves, and adopts the attached resolution, Contract for Sale and Agreement for the property at 321 Valeria Street. KLN 2 STATE OF IOWA ISS: 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: July 8, 2016, and for which the charge is $49.76. -S Subscribed to before me a-NotaryPublic in and for Dubuque Count Iowa q Y> this day of , 201a otary Public in and for Dubuque County, Iowa. E-, MARY K,WESTERMEYER Commissio,.n Numb;eryr 154885 w My Cora' FFB. 1,2017 I 4I 4 f CITY OF DUBUQUE, WHEREAS,the City of IOWA Dubuque,Iowa(City)is OFFICIAL NOTICE the owner of 321 Vale- ria Street(the Proper- PUBLIC NOTICE is ty) legally described hereby given that the as: City Council of the City Lot 1 of Lot 130 in L.H. of Dubuque, Iowa, will Langworthy's Addition hold a.public hearing in the City of Dubuque, - onthe 18th day of July,.l Iowa,accordmg'to the 2016,at 6:30 p.m.in the l recorded Plat of said Historic Federal Build-,I Addition. ing, 350 West 6th WHEREAS, City ac- B. Street, second floor,;i quired the Property as Dubuque, Iowa, at I vacant/abandoned which meeting the City ro erty in which the Council proposes to, Cpityof Dubuque took dispose of an interest I possession of in Octo- inthe following descri` per 2015 through Court bed real property by Order by filing for peti- land contract to Dawn tion for;and M.Adams: WHEREAS, City and Lot 1 of Lot 130 in L.H. Dawn' M. :Redfern Langworthy's Addition I a/k/a/Adams entered to Dubuque,in the City into a-Contract Agree- of Dubuque, Iowa, ac ment pursuant to cording to the record- which City will convey ed plat thereof(locally II the Property to Dawn' known as 321 Valeria I M. Redfern a/k/a/I Street) Adams as approved by At the meeting, the City Council will re the City Council;and c WHEREAS,conveying 11 ceive oral and written the Property to Dawn comments from any M. Redfern 'a/k/a/` resident or. property Adams is consistent' owner of said City to with the City's intent' the above action. Writ ten comments regard for this specific proper ing the above public ty;and WHEREAS, City de- hearing may be sub-, sires to hold the re-, mitted to the City quired public hearing', Clerk's Office, City and.conveyance of the Hall,50 W.13th Street, property to Dawn M. on or before said time l,-Redfern a/k/a/Adams. of public hearing. NOW,THEREFORE,BE Copies of supporting II. IT RESOLVED BY THE documents for the pub CITY COUNCIL OF THE lic hearings are on file CITY OF DUBUQUE, 10- in the City;Clerk's Of- WA: fice, and may -be Section I. That the viewed during normal City of Dubuque, Iowa working hours. intends to dispose-of Any visual or hearing I its interest in the fol impaired persons lowing legally descri-> needing special assis bed property< + tance or persons with Lot 1 of Lot 130 in L.H.-'I special accessibility i Langworthy's Addition needs should contact in the City of Dubuque, the City Clerk's Office Iowa, according to the at (563) 589-4100or recorded Plat of said TTY (563) 690-6678 at Addition. least 48`hours prior to Section 2.:That the the meeting. City of Dubuque, Iowa, Dated this 8th day of proposes todisposeof: July,2016.= its interest in the Prop Kevin S.Firnstahl ert to Dawn M: CMC,City Clerk Redfern a/k/a/ Adams; It 7/8 for the sum of one dol i RESOLUTION lar{$1.00). No.266-16 Section 3. That the INTENT TO DISPOSE City Clerk is hereby au- OF AN INTEREST IN thorized and directed CITY OF; DUBUQUE to cause is Resolu REAL ESTATE, SET- tion and a'notice to be TING A TIME AND ublished'as.prescri-`' PLACE FOR HEARING bed by Iowa Code:Sec AND PROVIDING FOR tion 364.7 of a public THE PUBLICATION OF hearing on the City's NOTICE THEREOF intent to dispose of the Property to be held on'. the 18th day of-July, 2016, 'at 6:30 o'clock p.m. at the Historic Federal Building, 350 West 6th Street,Dubu- que,Iowa. Passed,approved and adopted this 5th day of July,2016. Roy D.Buol,Mayor Attest:Kevin S. Firnstahl,City Clerk It 7/8 !( E �gcATF THE IOWA STATE BAR ASSOCIATION Doc ID: 008494810016 Type GEN Kind: CONTRACT Recorded: 08/16/2016 at 03:30:37 PM Fee Amt: $97.00 Page 1 of 16 Dubuque County Iowa John Murphy Recorder File2016-00010685 REAL ESTATE CONTRACT INSTALLMENTS C Official Form No. 142 Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Crenna Brumwell, 300 Main Street, Suite 330, Dubuque, IA 52001, Phone: (563) 589-4381 Taxpayer Information: (Name and complete address) DAWN M. REDFERN A/K/A DAWN M. ADAMS and ERIC J. ADAMS 154 W. 23RD STREET DUBUQUE, IA 52001 Return Document To: (Name and complete address) DAWN M. REDFERN A/K/A DAWN M. ADAMS and ERIC J. ADAMS 154 W. 23RD STREET DUBUQUE, IA 52001 Grantors: City of Dubuque, a municipal corporation Grantees: Dawn M. Redfern a/k/a Dawn M. Adams and Eric J. Adams, a married couple Legal description: See Page 2 Document or instrument number of previously recorded documents: © The Iowa State Bar Association 2013 I OWADOCS© tot \L THE IOWA STATE BAR ASSOCIATION Official Form No. 142 Crenna Brumwell FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER �. ' oc(A' IT Dubuque 1, x REAL ESTATE CONTRACT - INSTALLMENTS IS AGREED thisi'day of jig , 2016 , by and between City of of the Adams County Dubuque State of Iowa, Sellers; and Dawn M. Redfern a/k/a Dawn M. and Eric J. Adams, a married couple of the That consideration described Lot 1 plat thereof known together reservations and Exhibit 1. TOTAL $1.00 County Dubuque State of Iowa, Buyers; Buyers, and the Buyers in to purchase the following of Iowa, to -wit: according to the recorded thereto, but with such certain personal property if hereto and marked said property the total of IA 52001 , the Sellers, as in this of the premises, real estate situated of Lot 130 in L.H. Langworthy's locally as 321 Valeria with any easements and exceptions as may be herein described A" all upon the terms PURCHASE PRICE. due contract provided, agree to sell to the hereby agree with the Sellers in the County Dubuque State Addition in the City of Dubuque, IA Street, Dubuque, IA 52001 and servient estates appurtenant of title as may be below stated, and or if and as an itemized list is attached and conditions following: The Buyers agree to pay for and payable at 50 W. 13th Street, Dubuque, Dubuque County, Iowa, as follows: of $0 RECEIPT OF WHICH IS HEREBY as follows: (a) DOWN PAYMENT ACKNOWLEDGED: (b) BALANCE OF PURCHASE at closing 2. POSSESSION. Buyers, entitled to possession of thereafter so long as they subject to the rights of lessees possession. so indicate by and PRICE. $ 1.00 concurrently with due performance on their part shall be said premises on the 16 day of January , 2017 ; and shall perform the obligation of this contract. and are entitled to rentals therefrom 'yes' in the space following: No If Buyers are taking on and after date of © The Iowa State Bar Association 2015 142 REAL ESTATE CONTRACT INSTALLMENTS IOWADOCS® Revised January 2015 3. TAXES. Sellers shall pay: None. and any unpaid taxes thereon payable in prior years. Buyers shall pay any taxes not assumed by Sellers and all subsequent taxes before same become delinquent. Whoever may be responsible for the payment of said taxes, and the special assessments, if any, each year, shall furnish to the other parties evidence of payment of such items not later than July 15 of each year. Any proration of taxes shall be based upon the taxes for the year currently payable unless, the parties state otherwise. (Decide, for yourself, if that formula is fair if Buyers are purchasing a lot with newly built improvements). 4. SPECIAL ASSESSMENTS. Sellers shall pay the special assessments against this property: (a) Which, if not paid, in the year , would bccomc dclinqucnt and all assescmcnts payable prior thereto. (b) Which are a lien thereon as of closing . (Date) (c) Including all sewage disposal assessments for overage charge heretofore assessed by any municipality having jurisdiction as of date of possession. Buyers, except as above stated, shall pay all subsequent special assessments and charges, before they become delinquent. 5. MORTGAGE. Any mortgage or encumbrance of a similar nature against the said property shall be timely paid by Sellers so as not to prejudice the Buyers' equity herein. Should Sellers fail to pay, Buyers may pay any such sums in default and shall receive credit on this contract for such sums so paid. MORTGAGE BY SELLERS. Sellers, their successors in interest or assigns may, and hereby reserve the right to at any time mortgage their right, title or interest in such premises or to renew or extend any existing mortgage for any amount not exceeding N/A % of the then unpaid balance of the purchase price herein provided. The interest rate and amortization thereof shall be no more onerous than the installment requirements of this contract. Buyers hereby expressly consent to such a mortgage and agree to execute and deliver all necessary papers to aid Sellers in securing such a mortgage which shall be prior and paramount to any of Buyers' then rights in said property. DEED FOR BUYERS SUBJECT TO MORTGAGE. If Buyers have reduced the balance of this contract to the amount of any existing mortgage balance on said premises, they may at their option, assume and agree to pay said mortgage according to its terms, and subject to such mortgage shall receive a deed to said premises or Sellers, at their option, any time before Buyers have made such a mortgage commitment, may reduce or pay off such mortgage. ALLOCATED PAYMENTS. Buyers, in the event of acquiring this property from an equity holder instead of a holder of the fee title, or in the event of a mortgage against said premises, reserve the right, if reasonably necessary for their protection to divide or allocate the payments to the interested parties as their interests may appear. SELLERS AS TRUSTEES. Sellers agree that they will collect no money hereunder in excess of the amount of the unpaid balance under the terms of this contract less the total amount of the encumbrance on the interest of Sellers or their assigns in said real estate and if Sellers shall hereafter collect or receive any moneys hereunder beyond such amount, they shall be considered and held as collecting and receiving said money as the agent and trustee of the Buyers for the use and benefit of the Buyers. 6. INSURANCE. Except as may be otherwise included in the last sentence of paragraph 1 (b) above, Buyers on and from said date of possession, shall constantly keep in force insurance, premiums therefore to be prepaid by Buyers (without notice or demand) against loss by fire, tornado and other hazards, casualties and contingencies as Sellers may reasonably require on all buildings and improvements, now on or hereafter placed on said premises and any personal property which may be the subject of this contract, in companies to be reasonably approved by Sellers in an amount not less than the full insurable value of such improvements and personal property or not less than the unpaid purchase price herein whichever amount is smaller with such insurance payable to Sellers and Buyers as their interests may appear. Sellers' interest shall be protected in accordance with a standard or union -type loss payable clause. BUYERS SHALL PROMPTLY DEPOSIT SUCH POLICY WITH PROPER RIDERS WITH SELLERS for the further security for the payment of the sums herein mentioned. In the event of any such casualty loss, the insurance proceeds may be used under the supervision of the Sellers to replace or repair the loss If the proceeds be adequate; if not, then some other reasonable application of such funds shall be made; but in any event such proceeds shall stand as security for the payment of the obligations herein. 7. CARE OF PROPERTY. Buyers shall take good care of this property; shall keep the buildings and other improvements now or hereafter placed on the said premises in good and reasonable repair and shall not injure, destroy or remove the same during the life of this contract. Buyers shall not make any material alteration in said premises without the written consent of the Sellers. Buyers shall not use or permit said premises to be used for any illegal purpose. 8. LIENS. No mechanics' lien shall be imposed upon or foreclosed against the real estate described herein. 9. ADVANCEMENT BY SELLERS. If Buyers fail to pay such taxes, special assessments and insurance and effect necessary repairs, as above agreed, Sellers may, but need not, pay such taxes, special assessments, insurance and make necessary repairs, and all sums so advanced shall be due and payable on demand or such sums so advanced may, at the election of Sellers, be added to the principal amount due hereunder and so secured. (For Buyers' rights to make advancements, see paragraph 5 above.) 10. JOINT TENANCY IN PROCEEDS AND SECURITY RIGHTS IN REAL ESTATE. If and only if, the Sellers immediately preceding this sale, hold the title to the above described property in joint tenancy, and such joint tenancy has not later been destroyed by operation of law or by acts of the Sellers, this sale shall not constitute such destruction and the proceeds of this contract, and any continuing and/or recaptured rights of Sellers in said real estate, shall be and continue in Sellers as joint tenants with rights of survivorship and not as tenants in common; and Buyers, in the event of the death of one of such joint tenants, agree to pay any balance of the proceeds of this contract to the surviving Seller (or Sellers) and to accept deed solely from him or them consistent with paragraph 14 below unless and except this paragraph is stricken from the agreement. 11. SELLERS. Spouse, if not titleholder immediately preceding this sale, shall be presumed to have executed this Instrument only for the purpose of relinquishing all rights of dower, homestead and distributive share and/or in compliance with section 561.13 Code of Iowa; and the use of the word "Sellers" in the printed portion of this contract, without more, shall not rebut such presumption, nor in any way enlarge or extend the previous interest of such Spouse in said property, or in the sale proceeds, nor bind such spouse except as aforesaid, to the terms and provisions of this contract. 12. TIME IS OF THE ESSENCE. Time is of the essence in this Agreement. Failure to promptly assert rights of Sellers herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. 13. EXCEPTIONS TO WARRANTIES OF TITLE. The warranties of title in any Deed made pursuant to this contract (See paragraph 14) shall be without reservation or qualification EXCEPT: (a) Zoning ordinances; (b) Such restrictive covenants as may be shown of record; (c) Easements of record, if any; (d) As limited by paragraphs 1, 2, 3 and 4 of this contract; (e) Sellers shall give Special Warranty as to the period after equitable title passes to Buyers; (f) Spouse if not titleholder, need not join in any warranties of the deed unless otherwise stipulated: (g) (Mineral reservations of record?) (h) (Liens?) (Easements not recorded?) (Interests of other parties?) (Lessees?) 14. DEED AND ABSTRACT, BILL OF SALE. If all said sums of money and interest are paid to Sellers during the life of this contract, and all other agreements for performance by Buyers have been complied with, Sellers will execute and deliver to Buyers a Special Warranty Deed conveying said premises in fee simple pursuant to and in conformity with this contract and Sellers will at this time deliver to Buyers an abstract showing merchantable title, in conformity with this contract. Such abstract shall begin with the government patent (unless pursuant to the Iowa State Bar Association title standards there is a lesser requirement as to period of abstracting) to said premises and shall show title thereto in Sellers as of the date of this contract; or as of such earlier date if and as designated in the next sentence. This contract supersedes the previous written offer of Buyers to buy the above described property which was accepted by Sellers on the day of N/A . Sellers shall also pay the cost of any abstracting due to any act or change in the personal affairs of Sellers resulting in a change of title by operation of law or otherwise. If any personal property is a part of this agreement, then upon due performance by Buyers, Sellers shall execute and deliver a Bill of Sale consistent with the terms of this contract. Sellers shall pay all taxes on any such personal property payable in N/A , and all taxes thereon payable prior thereto. 15. APPROVAL OF ABSTRACT. Buyers have examined the abstract of title to this property and such abstract is accepted. 16. FORFEITURE. If Buyers (a) fail to make the payments aforesaid, or any part thereof, as same become due; or (b) fail to pay the taxes or special assessments or charges, or any part thereof, levied upon said property, or assessed against it, by any taxing body before any of such items become delinquent; or (c) fail to keep the property insured; or (d) fail to keep it in reasonable repair as herein required; or (e) fail to perform any of the agreements as herein made or required; then Sellers, in addition to any and all other legal and equitable remedies which they may have, at their option, may proceed to forfeit and cancel this contract as provided by law (Chapter 656 Code of Iowa). Upon completion of such forfeiture Buyers shall have no right of reclamation or compensation for money paid, or improvements made; but such payments and/or improvements if any shall be retained and kept by Sellers as compensation for the use of said property, and/ or as liquidated damages for breach of this contract; and upon completion of such forfeiture, if the Buyers. or any other person or persons shall be in possession of said real estate or any part thereof, such party or parties in possession shall at once peacefully remove therefrom, or failing to do so may be treated as tenants holding over, unlawfully after the expiration of a lease, and may accordingly be ousted and removed as such as provided by law. 17. FORECLOSURE AND REDEMPTION. If Buyers fail to timely perform this contract, Sellers, at their option, may elect to declare the entire balance immediately due and payable after such notice, if any, as may be required by Chapter 654, The Code. Thereafter this contract may be foreclosed in equity and the court may appoint a receiver to take immediate possession of the property and of the revenues and income accruing therefrom and to rent or cultivate the same as the receiver may deem best for the interest at all parties concerned, and such receiver shall be liable to account to Buyers only for the net profits, after application of rents, issues and profits from the costs and expenses of the receivership and foreclosure end upon the contract obligation. It is agreed that if this contract covers less than ten (10) acres of land, and in the event of the foreclosure of this contract and sale of the property by sheriffs sale in such foreclosure proceedings, the time of one year for redemption from said sale provided by the statutes of the State of Iowa shall be reduced to six (6) months provided the Sellers, in such action file an election to waive any deficiency judgment against Buyers which may arise out of the foreclosure proceedings: all to be consistent with the provisions of Chapter 628 of the Iowa Code. If the redemption period is so reduced, for the first three (3) months after sale such right of redemption shall be exclusive to the Buyers, and the time periods in Sections 628.5, 628.15 and 628.16 of the Iowa Code shall be reduced to four (4) months. It is further agreed that the period of redemption after a foreclosure of this contract shall be reduced to sixty (60) days if all of the three following contingencies develop: (1) The real estate is less than ten (10) acres in size; (2) the Court finds affirmatively that the said real estate has been abandoned by the owners and those persons personally liable under this contract at the time of such foreclosure; and (3) Sellers in such action file an election to waive any deficiency judgment against Buyers or their successor in interest in such action. If the redemption period is so reduced, Buyers or their successor in interest or the owner shall have the exclusive right to redeem for the first thirty (30) days after such sale, and the time provided for redemption by creditors as provided in Sections 628.5, 628.15 and 628.16 of the Iowa Code shall be reduced to forty (40) days. Entry of appearance by pleading or docket entry by or on behalf of Buyers shall be presumption that the property is not abandoned. Any such redemption period shall be consistent with all of the provisions of Chapter 628 of the Iowa Code. This paragraph shall not be construed to limit or otherwise affect any other redemption provisions contained in Chapter 628 of the Iowa Code. 18. ATTORNEY'S FEES. In case of any action, or in any proceedings in any Court to collect any sums payable or secured herein, or to protect the lien or title herein of Sellers, or in any other case permitted by law in which attorney's fees may be collected from Buyers, or imposed upon them, or upon the above described property, Buyers agree to pay reasonable attorneys' fees. 19. INTEREST ON DELINQUENT AMOUNTS. Either party will pay interest at the highest legal contract rate applicable to a natural person to the other on all amounts herein as and after they became delinquent, and/or on cash reasonably advanced by either party pursuant to the terms of this contract, as protective disbursements. 20. ASSIGNMENT. In case of the assignment of this contract by either of the parties, prompt notice shall be given to the other parties, who shall at the time of such notice be furnished with a duplicate of such assignment by such assignors. Any such assignment shall not terminate the liability of the assignor to perform, unless a specific release in writing is given and signed by the other party to this contract. 21. PERSONAL PROPERTY. If this contract includes the sale of any personal property, then in the event of the forfeiture or foreclosure of this contract, such personal property shall be considered indivisible with the real estate above described; and any such termination of Buyers' rights in said real estate shall concurrently operate as the forfeiture or foreclosure hereof against all such personal property. 22. CONSTRUCTION. Words and phrases herein, including acknowledgments hereof, shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. See paragraph 11 above, for construction of the word "Sellers." 23. RELEASE OF RIGHTS. Each of the Seller hereby relinquishes all rights of dower, homestead and distributive share in and to the property and waives all rights of exemption as to any of the property. 24. LEAD-BASED PAINT NOTICE. If applicable, see attached Disclosure of Information on Lead-Based and/or Lead-Based Paint Hazards. 25. CERTIFICATION. Buyers and Sellers each certify that they are not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order or the United States Treasury Department as a terrorist, "Specially Designated National and Blocked Person" or any other banned or blocked person, entity, nation or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assets Control; and are not engaged in this transaction, directly or indirectly on behalf of, any such person, group, entity or nation. Each party hereby agrees to defend, indemnify and hold harmless the other party from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorney's fees and costs) arising from or related to my breach of the foregoing certification. 26. INSPECTION OF PRIVATE SEWAGE DISPOSAL SYSTEM. Delete inappropriate alternatives below. If no deletions are made, the provisions set forth in Paragraph A shall be deemed selected. (a). Seller represents and warrants to Buyer that the Property is not served by a private sewage disposal system, and there are no known private sewage disposal systems on the property. (b) The Property is served by a Ovate sewage 4ioposal system, Of thcrc is a plc sewage-d' _ - _ - - - _ _ _ - - a .. - _ - - - - _ ovision selected in the attach (-o Seller and Buyer agree that this transaction IS exempt from the time of transfer inspection requirements by reason that 27. SPECIAL PROVISIONS. See Addendum 1 I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE; AND THAT BY SIGNING THIS CONTRACT, I VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTECTION FOR THIS PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS CONTRACT. Dated: /co Dated: ‘:" 0? -"/‘ Executed in duplicate or triplicate 50 W. 13th Street Dubuque, IA 52001 SELLERS' ADDRESS Dawn M. Redfern a/k/a Dawn M. Adams BUYERS Eric J. Adams BUYERS 154 W. 23rd Street Dubuque, IA 52001 STATE OF IOWA , COUNTY OF DUBUQUE This record was acknowlqdged efore me this i day of by bckwn R�cQ-e-i h 4(ki r\ P D(co s Gina( BUYERS' ADDRESS STATE OF IOWA , COUNTY OF DUBUQUE Thi.s---rcord was acknowl dged before me this by -h LI a Bur) PAMELA J. McCARF;1CN Commission tuber 772419 My Comm. [xp. Co --2D/5 day of i i► nature of Notary y�o I f1..t q 2016 , LoSignafure ofN r hl,712 ry Public Addendum for Inspection of Private Sewage Disposal System Buyer and Seller agree on the following initialed alternative to comply with the time of transfer inspection of private sewage disposal systems: _ There is a private sewage disposal system on this Property which serves the Property. Seller has obtained or shall obtain at Seller's expense within days a certified inspector's report which documents the condition of the private sewage disposal system, that it is of sufficient capacity to serve the Property, that the continued use of the system is permitted, and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. Seller shall attach the inspection report to the Groundwater Hazard Statement to be filed at closing. If Seller receives an unsatisfactory report, the basis of which cannot be resolved between Buyer and Seller within days of delivery of a copy to Buyer, then upon written notice from Buyer to Seller, this agreement shall be null and void and all earnest money paid hereunder shall be returned immediately to Buyer. _ There is a 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. Buyer shall execute 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. Buyer shall attach a copy of the binding acknowledgment to the Groundwater Hazard Statement to be filed at closing. When the inspection is completed, an amended Groundwater Hazard Statement shall be filed with the certified inspection and shall include the document numbers of both the real estate transfer document and the original Groundwater Hazard Statement Seller agrees at closing to deposit the sum of $ Dollars into escrow with ("Escrow Agent") to reimburse Buyer for expenses incurred for the cost of the inspection and any required modifications to the private disposal system. Escrow Agent shall pay to Buyer, up to the amount held in escrow, amounts for required modifications after any such modifications are completed and upon submission to Escrow Agent of a detailed invoice. If no modifications are required, the entire escrow account shall be returned to Seller. Any funds remaining in the escrow account after any required modifications shall be returned to Seller. Seller shall not be responsible for any cost in excess of the escrow deposit. There is a private sewage disposal system on this Property. The building to which the sewage disposal system is connected will be demolished without being occupied. Buyer shall execute a binding acknowledgement with the county board of health to demolish the building within an agreed upon time period. Buyer shall attach a copy of the binding acknowledgement to the Groundwater Hazard Statement to be filed at closing. There is a private sewage disposal system on this Property. The private sewage disposal system has been installed within the past two years pursuant to permit number Addendum 1. 27.1 Buyer will provide Seller with a signed Acknowledgement of Voluntary Negotiation and Purchase of Property at the time of closing. 27.2 Buyer must provide and maintain the following insurance: 1) Dwelling coverage in the amount of $1,000,000 naming the City of Dubuque as an additional insured insurance 2) Insurance in compliance with the City of Dubuque Insurance Schedule A which is attached. Said insurance must remain in effect until such time as the construction is complete or the contract is fulfilled, whichever is later. 27.3 This Agreement is subject to the final approval of the City Council of the City of Dubuque, Iowa in its sole discretion. If the City Council of the City of Dubuque, Iowa does not approve this Agreement, it shall become automatically void and neither party shall be bound by the teinls and conditions set forth herein. 27.4 Buyer, within ninety (90) days of this Agreement, must complete a survey and replatting of the Real Estate along with Buyer's property legally described as Lot 1 of Lot 1 of Lot 2 of Lot 33 in Tivoli Addition; and Lot 2 of Lot 1 of Lot 1 of Lot 2 of Lot 130, and Lot 1 of Lot 2 of Lot 2 of Lot 130, in L.H. Langworthy's Addition; all in the City of Dubuque, Iowa according to the recorded plat thereof known locally as 154 W. 23rd Street, Dubuque, IA 52001 which consolidates the two parcels into a single parcel. 27.5 Buyer agrees, within one -hundred twenty (120) days of this Agreement to file a restrictive covenant indicating the single consolidated parcel of Real Estate must remain a single family home, for twenty-one (21) years. 27.6 Buyer agrees, within one -hundred eighty (180) days of this Agreement, to demolish all structures on the Real Estate. 27.7 City will disconnect all utilities to the property and have property tested for asbestos. If asbestos is found the City will remove, dispose of, and cover the costs of removal. There are no other guarantees or warranties express or implied as to the environmental conditions existing at the Real Estate. 27.8 The terms of Section 27 shall in all respects survive the closing. City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or Vendors (Suppliers, Service Providers), or Right of Way Permit Holders 1. Insurance Schedule A shall furnish a signed Certificate of Insurance (COI) to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to contract or lease commencement. All lessees of City property and Right of Way Permit Holders shall submit an updated COI annually. Each Certificate shall be prepared on the most current ACORD form approved by the Department of Insurance or an equivalent. Each certificate shall include a statement under Description of Operations as to why issued. Eg: Project or Lease of premises at or construction of or right of way permitted location and description 2. All policies of insurance required hereunder shall be with a carrier authorized to do business in Iowa and all carriers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each Certificate shall be furnished to the contracting department of the City of Dubuque. 4. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 5. All required endorsements to various policies shall be attached to Certificate of insurance. 6. Whenever a specific ISO form is listed, an equivalent form may be substituted subject to the provider identifying and listing in writing all deviations and exclusions that differ from the ISO form. 7. Provider shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. 8. Whenever an ISO form is referenced the current edition of the form must be used. If provider's limits of liability are higher than the required minimum limits then the provider's limits shall be this agreement's required limits. Page 1of3 COM/ Schedule A Property Or Vendors May 2016 - City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or Vendors (Suppliers, Service Providers), or Right of Way Permit Holders Insurance Schedule A (continued) Exhibit A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $ 50,000 Medical Payments $ 5,000 a) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG0001 or business owners form BP0002. All deviations from the standard ISO commercial general liability form CG 0001, or Business owners form BP 0002, shall be clearly identified. b) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit." c) Include endorsement indicating that coverage is primary and non-contributory. d) Include endorsement to preserve Governmental Immunity. (Sample attached). e) Include an endorsement that deletes any fellow employee exclusion. f) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10 (Ongoing operations) or its equivalent. g) If vendor utilizes Trikkes or Segways in the conduct of business, include an endorsement reflecting that these vehicles are not excluded from Commercial General Liability coverage. B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85 as amended. Coverage A Coverage B Statutory—State of Iowa Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include an endorsement providing a waiver of subrogation to the City of Dubuque. C) Pollution Liability Coverage required: yes no Pollution Liability coverage shall be required if lessee has any pollution exposures including abatement of hazardous or contaminated materials including, but not limited to, petroleum products, the removal of lead, asbestos, or PCB's. Pollution product and complete operations coverage shall also be covered. $2,000,000 each occurrence $4,000,000 policy aggregate a) Policy to include premises and transportation coverage. b) Include additional insured as stated in Af above. c) Include preservation of governmental immunity as stated in Ad above. d) Provide evidence of coverage for 5 years after completion of project. Page 2 of 3 Schedule A Property Or Vendors May 2016 - Copt/ City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or Vendors (Suppliers, Service Providers), or Right of Way Permit Holders Preservation of Governmental Immunities Endorsement 1. Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. 4. Non -Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. Page 3 of 3 COM/ SPECIMEN Schedule A Property Or Vendors May 2016 - Prepared by: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381 Return to: Kris Neyen, 350 W. 6th Street, Dubuque IA 52001 563 589-4239 RESOLUTION NO. 280-16 DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 321 VALERIA STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 266-16, dated the 5th day of July, 2016, declared its intent to dispose of City interest in real property located at 321 Valeria Street, legally described as: Lot 1 of Lot 130 in L.H. Langworthy's Addition in the City of Dubuque, Iowa, according to the recorded Plat of said Addition (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on the 18th day of July, 2016 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the Real Estate Contract and subsequent Special Warranty Deed for the sale to Dawn M. Redfern a/k/a Dawn M. Adams according to the terms and conditions set out in the Real Estate Contract is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. The Real Estate Contract by and between the City of Dubuque and Dawn M. Redfern a/k/a Dawn M. Adams for the sale of the Property, a copy attached hereto, is hereby approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute the Real Estate Contract conveying an interest in the Property to Dawn M. Redfern a/k/a Dawn M. Adams. Section 3. That the City Clerk is hereby authorized and directed to cause said Real Estate Contract to be delivered to the City Attorney's Office, together with a certified copy of the Resolution. Section 4. Upon successful completion of the terms and conditions outlined in the Real Estate Contract the Mayor and City Clerk are hereby authorized and directed to execute a Special Warranty Deed conveying the City's interest in the Property to Dawn M. Redfern a/k/a Dawn M. Adams. Section 5. That the City Clerk is hereby authorized and directed to cause said Special Warranty Deed to be delivered to the City Attorney's Office, together with a certified copy of the Resolution. Passed, approved, and adopted this 18th day of July, 2016 Attest: Kew$' Firnstahl, tify Clerk (91,i Roy D. ol, Mayor 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. 280-16 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 19th day of July, 2016. Kevin irnstahl, MC, `-ter Clerk i u m i i Allll u u Doc ID 008494820002 Type GWH Kind: GROUNDWATER HAZARD Recorded: 08/16/2016 at 03:31:32 PM Fee Amt: $0.00 Pape 1 of 2 Dubuque County Iowa John Murphy Recorder F11e2016-00001447 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name City of Dubuque, Iowa Address 50 West 13th Street, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name Dawn M. Redfern a/k/a Dawn M. Adams and Eric J. Adams Address 154 West 23rd Street, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: 321 Valeria Street, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) Lot 1 of Lot 130 in L.H. Langworthy's Addition in the City of Dubuque, IA according to the recorded plat thereof 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) kouSs 5. Private Burial Site (check one) X There are no known private burial sites on this property. _ There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) X All buildings on this property are served by a public or semi-public sewage disposal system. _ This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. There is a building served by private sewage disposal system on this property ora 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 I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: FILE WITH RECORDER Telephone No.: (563) 589-4239 DNR form 542-0960 (July 18, 2012) RECORDER'S INDEX LOT 1 OF LOT 130, LOT 2 OF LOT 1 OF LOT 1 OF LOT 2 OF LOT 130 AND LOT 1 OF LOT 2 OF LOT 2 OF LOT 130, ALL IN L.H. LANGWORTHY'S ADDITION; AND LOT 1 OF LOT 1 OF LOT 2 OF LOT 33 IN TIVOLI ADDITION, ALL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA ERIC J. ADAMS CITY OF DUBUQUE, DAWN M. REDFERN a/k/a DAWN M. ADAMS & ERIC J. ADAMS DAVID P. SCHNEIDER SCHNEIDER LAND SURVEYING AND PLANNING, INC. DAVID P. SCHNEIDER P.O.BOX 128 FARLEY,IOWA Ph#563-744-3631 daves@yousq.net LOCATION: REQUESTOR: PROPRIETORS: SURVEYOR: SURVEYOR COMPANY: RETURN TO: PLAT OF SURVEY L.H. LANGWORTHY'S ADDITION PLAT 2, CITY OF DUBUQUE. DUBUQUE COUNTY. IOWA LOT 1 OF LOT 130. LOT 2 OF LOT 1 OF LOT 1 OF LOT 2 OF LOT 130 AND LOT 1 OF LOT 2 OF LOT 2 OF LOT 130 IN L.H. LANGWORTHY'S ADDITION; AND LOT 1 OF LOT 1 OF LOT 2 OF LOT 33 IN TIVOLI ADDITION, ALL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA SW CORNER LOT 13, SCHAFFNER'S SUBD. FOUND 5/8" REBAR w/ YELLOW CAP #4850 �jCc, so' v1s��.� 2 P.O.B- W'RLY CORNER 'V5 LOT 1-130, L.H. LANGWORTHY'S ADDITION SET 1/2" REBAR w/ YELLOW CAP #14417 LEGEND lA� 1 ,ora LOT 1-2-2-130, L.H. LANGWORTHY ADDITION FOUND -7 3/4" PIPE FOUND 5/8" REBAR- w/ DAMAGED CAP • 0- N6�22 00 �5 �g 15' \ LOT -T 1-10- 2 33, ADDITION g1 °n LOT i 05 0.195 ACRES \ 5 co\ e' LO 1)5' LOT 1-130, - y' L.H L.H. LANGWORTHY'S ADDITION \s - METAL CORNER POST FOUND 1" REBAR 0.45' WEST AND 0.05' SOUTH OF .-* 28 07 THE CORNER • p N27'55'16"W REC AS: 28' 9' ���frylntivdnH OFLO- LANGWORTHY Quern ADDITION i '0 LOT 1-1-1-2-130, ,FOUND L.H. LANGWORTHY'S 3/4" ADDITION PIPE •T • CORNER FALLS IN CONCRETE BASE OF \•p• CORNER LOT 1-1-2-33. TIVOLI ADDITTION FOUND 5/8" REBAR w/ RED CAP #12631 m9mn co 2-1-1-2-130, LANGWORTHY'S ADDITIDN REC AS: 15' \ ,.� \N71'09'29'W p,A 14.89' O LOT 2-1-2-33 TIVOLI ADDITION y1 31 ec 6. s2 0 •? 11q4FAr,4 ,�T9�FT 4%0. O SET 1/2" REBAR w/ YELLOW CAP #14417 NAIL • FOUNDSETAG 5/8" REBAR w/ YELLOW CAP #4015 ®FOUND 1-1/4" PIPE 0 FOUND 5/8" REBAR w/ YELLOW CAP #4016 GRAPHIC / LOT 2-1-2-130,' OF L.H. LANGWORTHY'S ADDITIDN S'RLY CORNER LOT 1-130, L.H. LANGWORTHY'S ADDITION SET 1/2" REBAR w/ YELLOW CAP #14417 1"=30' 90 LOT 32, TIVOLI ADDITION LOT 1-33' TIVOLI ADDITION -FOUND 1" PIPE 564'43'24"W 26.81' REC AS: 27' S65'15' 07"W 8.05° REC AS: 8' LOT 2-2-33, TIVOLI ADDITION -"r------FOUND 5/B" REBAR w/ RED CAP #12631 i ?ca" c, DAVID P. -' 1"' SCHNEIDER o #14417 Er TOWN I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my di -ct personal supervision and that I,at- "tl ly lice d Surveyor under the laws of 0 'the Stat o owa iii .1) Davol$ P. Schneider P.L.S. #14417 My license renewal date is December Pages or sheets covered by this seal: f746a o0/6 Date: 31, 2019. THIS SHEET ONLY SCHNEIDER Land Surveying Planning, Inc. P.O. Box 12B Farley, Iowa 52046 Ph# 563-744-3631 daves@yousq.net Project: 231BRETRACE Survey Date:7/13/2018 Sheet: 1 of 5 Sheet 2 of 5 Proprietors: City of Dubuque, Dawn M. Redfern a/k/a Dawn M. Adams and Eric J. Adams Survey Requested by: Eric J. Adams Survey Description - L.H. LANGWORTHY'S ADDITION PLAT 2, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Lot 1 of Lot 130, Lot 2 of Lot 1 of Lot 1 of Lot 2 of Lot 130 and Lot 1 of Lot 2 of Lot 2 of Lot 130 all in L.H. Langworthy's Addition; and Lot 1 of Lot 1 of Lot 2 of Lot 33 in Tivoli Addition, all in the City of Dubuque, Dubuque County, Iowa, more particularly described as follows: Beginning at the westerly corner of said Lot 1 of Lot 130 in L.H. Langworthy's Addition; thence N64°57'05"E, 85.57 feet to the northeast corner of said Lot 1 of Lot 130; thence N65°11'03"E, 75.47 feet to the northerly corner of said Lot 1 of Lot 1 of Lot 2 of Lot 33 in Tivoli Addition; thence S24°44'05"E, 82.85 feet to the easterly corner of said Lot 1 of Lot 1 of Lot 2 of Lot 33 in Tivoli Addition; thence S64°43'24"W, 26.81 feet to the southerly corner of said Lot 1 of Lot 1 of Lot 2 of Lot 33 in Tivoli Addition; thence N71 °09'29"W, 14.89 feet to the corner of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 130 in L.H. Langworthy's Addition to the City of Dubuque, Dubuque County, Iowa; thence N27°55'16"W, 28.07 feet to the northeast corner of said Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 130 in L.H. Langworthy's Addition; thence S57°51'44"W, 37.00 feet to the easterly corner of said Lot 1 of Lot 130 in L.H. Langworthy's Addition; thence S27°51'50"W, 32.70 feet to the southerly corner of said Lot 1 of Lot 130 in L.H. Langworthy's Addition; thence N65°25'46"W, 90.82 feet to the point of beginning, containing 0.195 acres. This survey was performed for the purpose of combining Lot 1 of Lot 130, Lot 2 of Lot 1 of Lot 1 of Lot 2 of Lot 130 and Lot 1 of Lot 2 of Lot 2 of Lot 130 all in L.H. Langworthy's Addition; and Lot 1 of Lot 1 of Lot 2 of Lot 33 in Tivoli Addition, all in the City of Dubuque, Dubuque County, Iowa. This property is subject to easements, reservations, restrictions and rights of way of record and not of record, the plat of which is attached hereto and made a part of this certificate. All monuments were placed or shall be placed within 30 days from the date this plat is recorded. I hereby certify that this land survey document was prepared, and the related survey work was performed by me or under my direct personal supervision and that I am a duly Land Suryunder the laws of the State of Iowa. 7.e.-25 _c")/;:g Da id P. Schneider P.L.S. #14417 Date: My license renewal date is December 31, 2019. Pages or sheets covered by this seal: Surveyor's Certificate Only Schneider Land Surveying & Planning, Inc. P.O. Box 128 Farley, Iowa 52046 Job No. 2318 Phone: 563-744-3631 Email: daves@yousq.net Date: 7/12/2018 mL ANNnimS�Giii�G DAVID G9� SCHNEIDER� 53 2 14417 JJ Sheet 3 of 5 OWNER'S CONSENT Dubuque, Iowa , 2018 The foregoing plat of L.H. LANGWORTHY'S ADDITION PLAT 2, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, is made with the free consent and in accordance with the desires of the undersigned owner and proprietor of said real estate. State of Iowa ) ss: County of Dubuque City of Dubuque, Iowa ,lam, Roy D. Buo Mayor of t (City of Dubuque Kevir(S. Firnstahl Clerk of the City of Dubuque On this Bj day of C../S 14- 2018, before me, a Notary Public in and for the State of Iowa, personally appeared Roy D. Bu' l and Kevin S. Firnstahl, to me personally known, and who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa; that the seal affixed to the foregoing instrument is the Corporate seal of the City of Dubuque, Iowa, and that said instrument was signed and sealed on behalf of the said City of Dubuque, Iowa, by authority of the City Council of said city, and the said Roy D. Buol and Kevin S. Firnstahl acknowledged the execution of said instrument to be the voluntary act and deed of said City of Dubuque, Iowa, by it voluntary executed. "TITS14" E GL"EASON Commission Number 719986 My Commission Expires • ice• av Notary Public in and for the State of Iowa My Commission Expires /& ° • c, Sheet 4 of 5 OWNER'S CONSENT ✓1l Dubuque, Iowa �-�eiL.,S+ 9 , 2018 The foregoing plat of L.H. LANGWORTHY'S ADDITION PLAT 2, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate. Dawn M. Redfern a/k/a Dawn M. Adams Eric J. Adams State of Iowa ss: County of Dubuque ) On this ii" day of 4( c,c�ip— , 2018, before me, a Notary Public in and for said county, personally appeared Dawn M. edfern a/k/a Dawn M. Adams and Eric J. Adams, to me personally known, who being by me duly affirmed did say that they, said Dawn M. Redfern a/k/a Dawn M. Adams and Eric J. Adams, acknowledged the execution of said instrument to be their voluntary act and deed voluntarily executed. The under State of Iowa, OF DUBUQUE, desire as lien holde T RISH L. GLEASON :ommission Number 719966 My Cornmission Expires '►3.a" Notary Public in the State of Iowa My Commission Expires ) • t S • mac? MORTGAGE HOLDERS ACKNOWLEDGMENT ned for of o hereby certify that the attached plat of L.H. LANGWORTHY'S BUQUE COUNTY, IOWA, is made with our free consent a nd mortgagee of the premises described herein. Bank President State of Iowa County of Dubuque On this day of ) ss: State, personally appeared known, who being by me duly res City V.P. ITION PLAT 2, CITY in accordance with our 2018, before me, the un the seal affixed thereto is t the corporation by auth and rn, did say that they are the rsigned, a Notary Public in and for said to me personally and ctively, of the corporation executing the with seal of the corporation; that the instrument was s y of its Board of Directors; and that as officers acknowledged the execution of the foregoing of the corporation, by it and by them voluntarily executed. nd foregoing instrument; that ed and sealed on behalf of and trument to be the voluntarily act and Notary Public in and for said State My Commission Expires Sheet 5 of 5 CITY OF DUBUQUE PLANNING SERVICES Dubuque, Iowa A 7 ,2018 The forgoing plat of L.H. LANGWORTHY'S ADDITION PLAT 2, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, being within the jurisdiction of the City of Dubuque, Iowa has been reviewed by the City Planner, (or designee) of the City of Dubuque in accordance with Chapter 42 of the City of Dubuque Code of Ordinances, and said approval has been endorsed herein on the date first written above. Planning Services Division, City of Dubuque, Iowa City Planner CITY ASSESSOR Dubuque, Iowa The forgoing plat was reviewed in the office of the City Assessor of the City of Dubuque this day of , 2018. 2018 City Assessor of the City of Dubuque, Iowa COUNTY AUDITOR Dubuque, Iowa 2018 The forgoing plat was entered of record in the office of the Dubuque County Auditor this day of 2018. We approve of the subdivision name or title to be recorded. County Auditor of Dubuque County, Iowa COUNTY RECORDER Dubuque, Iowa , 2018 The forgoing plat has been received by the Dubuque County Recorder this day of 2018. County Recorder of Dubuque County, Iowa