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Property Acquisition - 6450 Pennsylvania Avenue_Fritsch Copyright 2014 City of Dubuque Action Items # 4. ITEM TITLE: Property Acquisition -6450 Pennsylvania Avenue SUMMARY: City Manager recommending approval of the acquisition of 6450 Pennsylvania Avenue from Douglas M. and Dianne M. Fritsch and further recommends authorization of the acceptance of the Warranty Deed and any other related steps necessary to carry out the terms of the Offer. RESOLUTION Approving the acquisition of real estate owned by Douglas M. and Dianne M. Fritsch in the City of Dubuque SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type 6450 Pennsylvania Avenue Property Acquisition-MVM City Manager Memo Memo Staff Memo Staff Memo Resolution Resolutions Offer to Buy Supporting Documentation THE CITY OF Dubuque DUB E i" Masterpiece on the Mississippi 2007.2012.2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Property Acquisition —6450 Pennsylvania Avenue DATE: September 13, 2016 City Engineer Gus Psihoyos recommends City Council approval of the acquisition of 6450 Pennsylvania Avenue from Douglas M. and Dianne M. Fritsch for the purchase price of $204,000,00, and further recommends authorization of the acceptance of the Warranty Deed and any other related steps necessary to carry out the terms of the Offer. I concur with the recommendation and respectfully request Mayor and City Council approval. ZyL1 ,A^-- Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer THE t"ITYF DubuqueDU;BQTE u4nWac" Masterpiece oti the Mississippi '2007.2012.2013 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer ,9U, SUBJECT: Property Acquisition — 6450 Pennsylvania Ave DATE: September 12, 2016 INTRODUCTION The purpose of this memorandum is to request City Council approval to acquire property at 6450 Pennsylvania Avenue owned by Douglas M. and Dianne M. Fritsch. BACKGROUND The Dubuque Industrial Center Economic Development District was created on May 2, 1988. The District is an urban renewal area which allows the City of Dubuque to capture tax increment revenue from improvements made in the District in order to promote economic development activities. The original area included the Dubuque Industrial Center and has been expanded several times over the past several decades to include the Dubuque Industrial Center West, the County Farm, the Bergfeld Farm, the North Siegert Farm, the Rail Site, the South Siegert Farm, the Graf Farm, and the McFadden Farm. This proposed expansion and amendment of the Dubuque Industrial Center Economic Development District would result in acquisition of the property at 6450 Pennsylvania Avenue. This parcel would become available for future development projects. DISCUSSION Attached is a signed Offer to Buy Real Estate and Acceptance (the Offer) for the Fritsch's residential property. The Offer outlines that: 1. The purchase price shall be $204,000.00. 2. In addition to the purchase price the City will allow the Fritsch's to rent the property until December 31, 2017 for $1.00 per month. The Fritsch's will pay all costs for living at the property including property taxes until they vacate the premises. RECOMMENDATION I recommend that the City acquire the residential property at 6450 Pennsylvania Avenue per the terms of the attached Offer. BUDGET IMPACT The purchase will be funded from the Future Industrial Acquisitions of $293,015.00 for property acquisitions (3602437). ACTION TO BE TAKEN I respectfully request adoption of the attached resolution approving the Offer and authorizing acceptance of the Warranty Deed and any other related steps necessary to carry out the terms of the Offer. Attach. cc: Crenna Brumwell, Assistant City Attorney Jenny Larson, Budget Director Jean Nachtman, Finance Director Maurice Jones, Economic Development Director Jill Connors, Project Coordinator 111 11 11 11 i 11 Doc ID: 008521710005 Type GEN Kind: DEED WITH RESOLUTION Recorded: 09/30/2016 at 01:26:36 PM Fee Amt: $357.60 Pape 1 of 5 Revenue Tax: $325.60 Dubuque County Iowa John Murphy Recorder Fi1e2016-00013061 WARRANTY DEED Return to: 50 West 13th Street, Dubuque, IA 52001 Preparer: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque, IA 52001, Phone: (563) 589-4381 Taxpayer: City of Dubuque For the consideration of Two Hundred Four Thousand Dollar(s) and other valuable consideration, Douglas M. and Dianne M. Fritsch City of Dubuque, Iowa do hereby Convey to the following described real estate in Dubuque County, Iowa: Lot 1 of the Northeast 1/4 of the Northeast 1/4, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of the Northeast 1/4 of the Northeast 1/4, of Section 30, in Township 89 North, Range 2 East of the 5th P.M. according to the recorded plats thereof Grantors do Hereby Covenant with grantees, and successors in interest, that grantors hold the real estate by title in fee simple; that they have 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 grantors Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases ein, eluding acknowledgment hereof, shall be construed as in the singular or plural number, a d as masc line or `feminine gender, according to the context. Dated . Seste 3 21,, \ j Douglas M. Fr h (Grantor) STATE OF IOWA , COUNTY OF Thiss.record was acknowledged before me on D= " i�qs AA A. fir 11'50 © The Iowa State Bar Association IowaDocs® r Tsai n Nvekt ..,4 Coil& Era. 1 Dianne M. ritsch (Grantor) DUBUQUE September 23, 2016 igna�ureof "ota Y Public g Form No. 101, Warranty Deed Revised January 2016 al STATE OF .�r�'3, COUNTY OF t)aJtAt This record was acknowledge before me on oY p1'3 1 t1 by b ,eft ,111. fl oisQ. St • nature of Notary Public © The Iowa State Bar Association 2016 IowaDocs® 2 Form No. 101, Warranty Deed Revised January 2016 RESOLUTION NO. 336-16 RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY DOUGLAS M. AND DIANNE M. FRITSCH, IN THE CITY OF DUBUQUE Whereas, the Dubuque Industrial Center Economic Development District is an urban renewal area which allows the City of Dubuque to capture tax increment revenue from improvements made in the District in order to promote economic development activities; and Whereas, the City of Dubuque expanded the Dubuque Industrial Center Economic Development District via Resolution 332-16; and Whereas, the proposed expansion and amendment of the Dubuque Industrial Center Economic Development District will result in acquisition of certain real estate, namely 6450 Pennsylvania Avenue, Dubuque, IA 52002; and Whereas, Douglas M. and Dianne M. Fritsch (the Owners) of this certain real estate have voluntarily agreed to sell to the City of Dubuque the certain real estate legally described as follows (the Property): Lot 1 of the Northeast'/ of the Northeast'/, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of the Northeast'/ of the Northeast'/, of Section 30, in Township 89 North, Range 2 East of the 5th P.M. according to the recorded plats thereof (6450 Pennsylvania Avenue) Whereas, acquiring the Property will allow expansion of the Dubuque Industrial Center Economic Development District; and Whereas, the acquisition of this real estate is a voluntarily negotiated purchase by the City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acquisition by the City of Dubuque through its exercise of the power of eminent domain under Chapter 6B of the Code of Iowa; and Whereas, the Owners have agreed to sell the Property for a total cost of $204,000.00; and Whereas, a purchase agreement and acknowledgment of voluntary negotiation have been finalized with the Owners of the real estate scheduled for acquisition; and Whereas, it is in the best interest of the City to acquire the Property, subject to review of the updated abstract and title opinion by the City Attorney's Office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the Offer to Buy Real Estate and Acceptance attached hereto subject to review of the updated abstract and title opinion by the City Attorney's Office. Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty Deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Passed, approved and adopted this 19th day of September, 2016. Kevin J. Lyba, Mayor Pro -Tem Attest: Kevi S. Firnstahl, c i. Ierk 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. I do further state that the hereto attached Resolution No. 336-16 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 26th day of September, 2016. Kevn Firnstahl, MC, City Clerk !!ielii!!!iiliiiiii!liilo!liiilo!!ilii!!!o!lhili!!i!!ii!!!ia!!liiiliii!!ii! Doc ID: 008521720004 Type: GWH Kind: GROUNDWATER HAZARD Recorded: 09/30/2016 at 01:26:51 PM Fee Amt: $0.00 Page 1 of 4 Dubuque County Iowa John Murphy Recorder Fi1e2416-00001756 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name Douglas M. and Dianne M. Fritsch Address 6450 Pennsylvania Avenue, Dubuque, IA 52002 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name City of Dubuque, Iowa Address 50 West 13th Street, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: 6450 Pennsylvania Avenue, Dubuque, IA 52002 Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) Lot 1 of the Northeast 1/4 of the Northeast 1/4, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of the Northeast 1/4 of the Northeast 1/4, of Section 30, in Township 89 North, Range 2 East of the 5th P.M. according to the recorded plats thereof 1. Wells (check one) _ There are no known wells situated on this property. X 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) 2OtL9- 130Ui 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) _ All buildings on this property are served by a public or semi-public sewage disposal system. _ This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. _ There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. _ There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] X This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: 455B.172(7) 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: The well is located on the east side of the home. See attached photo. I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFOR TOTED ABOVE IS TRUE AND CORRECT. 4c, / yr Signatur FILE WITH RECORDER Telephone No.: (563) 557-8348 DNR form 542-0960 (July 18, 2012) GROUNDWATER HAZARD STATEMENT ATTACHMENT #1 NOTICE OF WASTE DISPOSAL SITE a. Solid Waste Disposal (check one) _ There is a solid waste disposal site on this property, but no notice has been received from the Department of Natural Resources that the site is deemed to be potentially hazardous. _ There is a solid waste disposal site on this property which has been deemed to be potentially hazardous by the Department of Natural Resources. The location(s) of the site(s) is stated below or on an attached separate sheet, as necessary. b.. Hazardous Wastes (check one) _ There is hazardous waste on this property and it is being managed in accordance with Department of Natural Resources rules. _ There is hazardous waste on this property and the appropriate response or remediation actions, or the need therefore, have not yet been determined. Further descriptive information: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION ST D ABOVE IS TRUE AND CORRECT. Signature: Telephone No.: (563) 557-8348 FILE WITH RECORDER DNR form 542-0960 — Attachment #1 (July 18, 2012) 0 e earth feett 20 meters 6 THE crry Or DUB1JE MEMORANDUM Masterpiece on the Mississippi CRENNA M. BRUMWELL, ESQ(\\1\\IrC .4` ASSISTANT CITY ATTORNEY To: Gus Psihoyos City Engineer DATE: September 26, 2016 RE: 6450 Pennsylvania Avenue We have closed on the above -referenced property. Attached please find: 1. The original Offer to Buy Real Estate and Acceptance. 2. The original Acknowledgement of Voluntary Negotiation and Purchase of Property. 3. The original Lead -Based Paint Disclosure --- Sales. 4. The original Residential Property Seller Disclosure Statement. 5. The title opinion and abstract. If you need further information, please let me know. Thank you. OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: Douglas M. and Dianne M. Fritsch, married (Seller) SECTION 1. REAL ESTATE DESCRIPTION. The undersigned BUYER hereby offers to buy and the undersigned SELLERS by their acceptance agree to sell the real estate situated in Dubuque, Iowa, locally known as 6450 Pennsylvania Avenue, Dubuque, IA 52002 and legally described as: Lot 1 of the Northeast 1/4 of the Northeast %, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of the Northeast 1/4 of the Northeast 1/4, of Section 30, in Township 89 North, Range 2 East of the 5th P.M. according to the recorded plats thereof (the Real Estate); legal description to be confirmed per continued abstract per Section 10, together with any easements and appurtenant servient estates, but subject to the following: a. any easements of record for public utilities or roads, b. any zoning restrictions and other ordinances, and c. any covenants of record. SECTION 2. PURCHASE PRICE. The purchase price shall be $204,000.00, payable at the Closing. SECTION 3. REAL ESTATE TAXES. Seller shall remain responsible for any and all unpaid real estate taxes payable for fiscal year 2014-2015 and prior years. Seller shall also pay real estate taxes for fiscal year 2015-2016 prorated through the date of closing. SECTION 4. SPECIAL ASSESSMENTS. Seller shall pay all special assessments which are a lien on the Real Estate as of the date of acceptance of this offer. All other special assessments shall be paid by Buyer. SECTION 5. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of loss or damage to the Real Estate prior to closing or possession, whichever first occurs. Seller agrees to maintain existing insurance and Buyer may purchase additional insurance. In the event of substantial damage or destruction prior to closing, this Agreement shall be null and void; provided, however, Buyer shall have the option to complete the closing and receive insurance proceeds up to the sum of the purchase price set forth herein. The balance of any proceeds shall be delivered to Seller. The property shall be deemed substantially damaged or destroyed if it cannot be restored to its present condition on or before the closing date. SECTION 6. CARE AND MAINTENANCE. The Real Estate shall be preserved in its present condition and delivered intact at the time of possession is delivered to Buyer, provided, however, if there is loss or destruction of all or any part of the Real Estate from causes covered by the insurance maintained by Seller, Buyer agrees to accept such damaged or destroyed Real Estate together with such insurance proceeds in lieu of the Real Estate in its present condition and Seller shall not be required to repair or replace same. SECTION 7. POSSESSION AND CLOSING. 7.1 If Buyer timely performs all obligations, possession of the Real Estate shall be delivered to Buyer on or before September 23, 2016, or such earlier date as the parties may agree in writing, with any adjustments of rent, insurance, and interest to be made as of the date of transfer of possession. 7.2 Closing shall occur after the approval of title by Buyer. If possession is given on a day other than closing, the parties shall make a separate agreement with adjustments as of the date of possession. 7.3 This transaction shall be considered closed upon the delivery of the title transfer documents to Buyer and receipt of all funds then due at closing from Buyer under the Agreement. SECTION 8. USE OF PURCHASE PRICE. At time of settlement, funds of the Purchase Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. SECTION 9. FIXTURES. Sellers may remove any and all fixtures from the Real Estate, whether attached or detached so long as removal of the fixtures does not affect the structural integrity of the property. SECTION 10. ABSTRACT AND TITLE. Seller will provide any abstract in Seller's possession currently. Buyer, at Buyer's expense, shall promptly obtain either a new abstract or an update to the abstract of title to the Real Estate. It shall show marketable title in Seller in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. Seller shall make every reasonable effort to promptly perfect title. If closing is delayed due to Seller's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving ten days written notice to the other party. 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, including transfers by or the death of Seller or Seller's assignees. Unless stricken, the abstract shall be obtained from an abstracter qualified by the Guaranty Division of the Iowa Housing Finance Authority. SECTION 11. DEED. Upon payment of the Purchase Price, Seller shall convey the Real Estate to Buyer by Warranty Deed, free and clear of all liens, restrictions, and encumbrances, except as provided in this Agreement. General warranties of the title shall extend to the time of delivery of the deed excepting liens and encumbrances suffered or permitted by Buyer. 2 SECTION 12. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This Contract shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. SECTION 13. RIGHTS OF INSPECTION, ENVIRONMENTAL TESTING AND REVIEW. 13.1 Buyer, its counsel, accountants, agents and other representatives, shall have full and continuing access to the Real Estate and all parts thereof, upon reasonable notice to Seller. Buyer and its agents and representatives shall also have the right to enter upon the Real Estate at any time after the execution and delivery hereof for any purpose whatsoever, including inspecting, surveying, engineering, test boring, performance of environmental tests and such other work as Buyer shall consider appropriate, provided that Buyer shall hold Seller harmless and fully indemnify Seller against any damage, claim, liability or cause of action arising from or caused by the actions of Buyer, its agents, or representatives upon the Real Estate (except for any damage, claim, liability or cause of action arising from conditions existing prior to any such entry upon the Real Estate), and shall have the further right to make such inquiries of governmental agencies and utility companies, etc. and to make such feasibility studies and analyses as it considers appropriate. 13.2 Seller represents and warrants to Buyer there is a well serving the property. Seller warrants to the best of Seller's knowledge and belief there are no solid waste disposal sites, hazardous wastes or substances, underground storage tanks (beyond the well) or burial sites located on the Real Estate, except as set out below. Seller further warrants that Seller has done nothing to contaminate or allow the contamination of the Real Estate and has no knowledge of any contamination. Seller warrants that the Real Estate is not subject to any local, state, or federal judicial or administrative action, investigation or order regarding its environmental condition or environmental compliance. Seller shall provide Buyer with a properly executed Groundwater Hazard Statement showing no solid waste disposal sites, hazardous wastes, underground storage tanks (beyond the well) and private burial sites on the Real Estate which shall be considered a warranty and representation by Seller to Buyer. 13.3 Seller represents and warrants to Buyer that the Real Estate is served by a septic tank, drain field, and a grey water tank, (a private sewage disposal system), but said private sewage disposal system will not require a septic tank inspection as the property will be demolished and the Iowa Code contains an exemption for buildings which will be demolished. SECTION 14. ENCUMBRANCES. Seller warrants that the Real Estate will as of the date of closing be free and clear of all liens, security interests, and encumbrances. SECTION 15. TENANTS. The Real Estate is free and clear of any occupants, and no party has a lease to or other occupancy or contract right in the Real Estate which shall in anyway be binding upon the Real Estate. Seller shall hold harmless and indemnify 3 the Buyer for and against any claims, which may arise or be based upon any alleged leasehold interest, tenancy, or other right of occupancy or use for any portion for the Real Estate. This covenant shall survive the Closing. SECTION 16. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. SECTION 17. CERTIFICATION. Buyer and Seller 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. SECTION 18. REMEDIES OF THE PARTIES. 18.1 If Buyer fails to timely perform this Contract, Seller may forfeit it as provided in the Iowa Code, and all payments made shall be forfeited or, at Seller's option, upon thirty (30) days written notice of intention to accelerate the payment of the entire balance because of such failure (during which thirty (30) days such failure is not corrected) Seller may declare the entire balance immediately due and payable. Thereafter this Contract may be foreclosed in equity and the Court may appoint a receiver. 18.2 If Seller fails to timely perform this Contract, Buyer has the right to have all payments made returned to it. 18.3 Buyer and Seller also are entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. SECTION 19. WAIVER. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. SECTION 20. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified mail, addressed to the parties at the addresses given below. Douglas M. and Dianne M. Fritsch 6450 Pennsylvania Avenue Dubuque, IA 52002 4 City of Dubuque Attn: Gus Psihoyos 50 W. 13th Street Dubuque, IA 52001 SECTION 21. TIME IS OF THE ESSENCE. In the performance of each part of this Agreement, time shall be of the essence. SECTION 22. TIME FOR ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If this offer is not accepted and delivered to BUYER on or before 5:00 p.m. on September 22, 2016, this Agreement shall be null and void and all payments shall be returned immediately to the Buyer. SECTION 23. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by Seller and Buyer. SECTION 24. PARAGRAPH HEADINGS AND CONSTRUCTION. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. SECTION 25. OTHER PROVISIONS. 25.1 Seller will provide Buyer with a signed Acknowledgment of Voluntary Negotiation and Purchase of Property at the time of closing. 25.2 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 Offer, it shall become automatically void and neither party shall be bound by the terms and conditions set forth herein. 25.3 The parties shall execute a Lease Agreement at closing wherein Sellers become tenants of Buyer for a period of time following the closing on this purchase agreement as is attached hereto, marked as Exhibit A, and by this reference herein incorporated. 25.4 This property is being purchases "as is". Seller makes no representations or warranties with regard to said property. SELLERS BUYER DOUGLAS M. & DIANNE M. FRITSCH CITY OF DUBUQUE EIN: EIN: 42-6004596 Accepted the O -day of , 2016. Dated the/ Aday of , 2016. 5 Diann- . Fritsch 6 By: Kevin . Lynch, Mayor Pro -Tem DWELLING UNIT RENTAL AGREEMENT (Residential Lease) IT IS AGREED, by and between City of Dubuque, a municipal corporation, Landlord, and Douglas M. Fritsch and Dianne M. Fritsch, Tenant: That Landlord hereby lets to Tenant, and Tenant hereby leases from Landlord, the following described premises situated in Dubuque County, Iowa, to -wit: 6450 Pennsylvania Avenue, Dubuque, IA 52002 legally described as Lot 1 of the Northeast % of the Northeast 1/4, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of the Northeast 1/4 of the Northeast'/, of Section 30, in Township 89 North, Range 2 East of the 5th P.M. according to the recorded plats thereof. hereinafter referred to as the "dwelling unit," in consideration of the mutual promises of the parties herein, and upon the following terms, provisions and conditions: 1. TERM. The duration of this Rental Agreement shall be from September 23, 2016, to and including December 31, 2017. 2. RENT. Tenant agrees to pay to Landlord, as rental for said term, as follows: $1.00 per month, in advance, the first rent payment becoming due upon September 1, 2016, and the same amount per month, in advance, on the 1st day of each month thereafter during the term of this Rental Agreement, with interest on all delinquent rental at 9% per annum. All sums shall be paid to the Landlord at 50 W. 13th Street, Dubuque, IA 52001, or at such other place as Landlord may, from time to time, direct. Tenant shall pay a late fee of $ 0.00 per day, not to exceed $ 0.00 per month. 3. DEPOSIT SECURITY. At the time of execution of this Rental Agreement, Tenant shall pay to Landlord in trust the sum of $ 0.00, (not to exceed two months' rent) to be held and disbursed as a rental deposit pursuant to the provisions of the Iowa Uniform Residential Landlord and Tenant Act. 4. USE -ABSENCES. Unless otherwise agreed in writing, Tenant shall occupy and use the above-described property as a dwelling unit. Tenant shall notify Landlord of any anticipated extended absence from the premises not later than the first day of the extended absence. 5. UTILITIES. Utilities shall be furnished and paid for by the party indicated on the following: EXHIBIT Electricity Tenant Gas Tenant Water Tenant Garbage Tenant Trash Removal Tenant Other Tenant 6. UTILITY RATES. Tenant hereby acknowledges that Landlord, or the person authorized to enter into this Rental Agreement on Landlord's behalf, has heretofore fully explained to Tenant the utility rates, charges and services for which Tenant will be required to pay, other than those to be paid by Tenant directly to the utility company furnishing service. 7. MANAGER. City of Dubuque, whose address is 50 W. 13th Street, Dubuque, IA 52001, is the person designated by Landlord to manage the premises (and to receive and receipt for all notices and demands upon the owner of the premises). 8. MAINTENANCE BY TENANT. So long as Tenant continues to occupy the dwelling unit Tenant shall: (a) Comply with the requirements of applicable building and housing codes materially affecting health and safety. (b) Make all repairs and do whatever is necessary to keep the dwelling unit in a fit and habitable condition. (c) Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances. (d) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators in the premises. (e) Shovel snow and remove ice accumulations (f) Mow the grass (g) Provide and maintain appropriate receptacles and conveniences, accessible to Tenant, for the central collection and removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit, and dispose from the dwelling unit all rubbish, garbage and other waste in a clean and safe manner. (h) Refrain from criminally destroying, defacing, damaging, impairing or removing a part of the premises, or knowingly permit a person to do so. (i) Conduct himself or herself in a manner that will not disturb a neighbor's peaceful enjoyment of the premises. 9. RULES. All existing rules concerning the Tenant's use and occupancy of the premises have been furnished to the Tenant in writing. 10. ACCESS. Landlord shall have the right, subject to Tenant's consent, which consent shall not be unreasonably withheld, to enter the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors; provided, however, that Landlord may enter the dwelling without Tenant's consent, in case of emergency and as otherwise provided in the Iowa Uniform Residential Landlord and Tenant Act. 11. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Rental Agreement, nor sublet the dwelling unit, or any portion thereof, without the written consent of Landlord. 12. FIXTURES AND IMPROVEMENTS. At the termination of the Rental Agreement, Tenant may remove all fixtures, improvements, appliances, window treatments or other fixtures and improvements from the property to include, but is not limited to, all appliances, the central air unit, the furnace, cabinets, countertops, etc. Tenant shall not be required to return the premises to the condition in which it took occupancy under the terms of the Lease Agreement. All parties acknowledge that the city's intent upon Tenants vacating the property is to demolish the building and, as such, Tenant, at the time of vacating the property, has no obligation to return the property to Landlord in a habitable condition. Tenant is not required to repair, in any manner, damage done to the building as a result of Tenant's removal of fixtures, appliances, cabinets, countertops or other fixtures and improvements. 13. FIRE OR CASUALTY DAMAGE. If the dwelling unit or premises are damaged or destroyed by fire or other casualty to the extent that enjoyment of the dwelling unit is substantially impaired, Tenant may (i) immediately vacate the premises and notify Landlord within fourteen (14) days of Tenant's intention to terminate this Rental Agreement, in which case this Rental Agreement shall terminate as of the date of vacating, or (ii) if continued occupancy is lawful, vacate only that part of the dwelling until rendered unusable by the fire or casualty, in which case, Tenant's liability for rent shall be reduced in proportion to the diminution in the fair rental value of the dwelling unit. If this Rental Agreement is terminated under the provisions of this paragraph, Landlord shall return to Tenant all prepaid rent and security recoverable under the Iowa Uniform Residential Landlord and Tenant Act. Accounting for rent in the event of termination or apportionment shall occur as of the date of the casualty. 14. NONPAYMENT OF RENT. In addition to Landlord's other remedies provided by law, and without prejudice thereto, if rent is unpaid when due, and Tenant fails to pay the rent within three (3) days after notice by Landlord of nonpayment and the Landlord's intention to terminate this Rental Agreement if the rent is not paid within that period of time, then Landlord may terminate this Rental Agreement. 15. PRESENT AND CONTINUING HABITABILITY. Tenant has inspected the property and fixtures, and acknowledges that they are in a reasonable and acceptable condition of habitability for their intended use, and that the rent agreed upon is fair and reasonable in this community for premises in their condition. In the event that the condition changes so that, in Tenant's opinion, the habitability and rental value of the premises are affected, then Tenant shall promptly give reasonable notice to Landlord. 16. NOTICES. Any notice, for which provision is made in this Rental Agreement, shall be in writing, and may be given by either party to the other, in addition to any other manner provided by law, in any of the following ways pursuant to the Iowa Uniform Residential Landlord and Tenant Act: Landlord shall serve notice on Tenant by one or more of the following methods, except as provided in Iowa Code Section 562A.29A: 1. Hand delivery to Tenant. 2. Delivery evidenced by an acknowledgment of delivery that is signed and dated by a resident of the dwelling unit who is at least eighteen years of age. 3. Personal service pursuant to Rule of Civil Procedure 1.305, Iowa Court Rules, for the personal service of original notice. 4. Mailing by both regular mail and certified mail to the address of the dwelling unit or to an address provided by Tenant for mailing. 5. A method of providing notice that results in the notice actually being received by Tenant. Tenant shall serve notice on Landlord by one or more of the following methods: 1. Hand delivery to Landlord or Landlord's agent. 2. Delivery evidenced by an acknowledgment of delivery that is signed and dated by Landlord or Landlord's agent. 3. Personal service pursuant to Rule of Civil Procedure 1.305, Iowa Court Rules, for the personal service of original notice. 4. Delivery to an employee or agent of Landlord at Landlord's business office. 5. Mailing by both regular mail and certified mail to the address of Landlord's business office or to an address designated by Landlord for mailing. 6. A method providing notice that results in the notice actually being received by Landlord. For purposes hereof, the place for the payment of rental as provided in Paragraph 2 above, shall be the place designated by Landlord for the receipt of any such notice; and, unless otherwise provided herein, Landlord shall receive and receipt for all notices and demands upon the owner of the premises. Notice served by mail is deemed completed four days after the notice is deposited in the mail and postmarked for delivery, whether or not the recipient signs a receipt for the notice. (Note: a three day Notice to Quit is governed by 562A.27). 17. CONSTRUCTION. Words and phrases herein shall be construed as in the single or plural number, and as masculine, feminine or neuter gender, according to the context. 18. ENTIRE AGREEMENT. This writing, including any addendum attached hereto, constitutes the entire agreement between the parties hereto with respect to the subject matters hereof; and no statement, representation or promise with reference to this Rental Agreement, or the premises leased, or any repairs, alterations or improvements, or any change in the term of this Rental Agreement, shall be binding upon either of the parties unless in writing and signed by both Landlord and Tenant. 19. LEAD-BASED PAINT. If the dwelling unit was constructed before 1978, Tenant acknowledges that Landlord has delivered to Tenant copies of the form Disclosure of Information on Lead -Based Paint and/or Lead/Based Paint Hazards, and the EPA pamphlet Protect Your Family From Lead in Your Home. 20. CERTIFICATION. Tenant certifies that it is 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 it is not engaged in this transaction, directly or indirectly on behalf of, or instigating or facilitating this transaction, directly or indirectly on behalf of, any such person, group, entity or nation. Tenant hereby agrees to defend, indemnify and hold harmless Landlord from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorney's fees and costs) arising from or related to any breach of the foregoing certification. 21. TERMINATION. In addition to the termination rights under this Rental Agreement, Landlord and Tenant may terminate this Rental Agreement as provided by the Iowa Uniform Residential Landlord and Tenant Act or as otherwise provided by law. 22. COMPLIANCE WITH LAW; PARTIAL INVALIDITY. Nothing contained in this Rental Agreement shall be construed as waiving any of Landlord's or Tenant's rights under the law. In all respects, the terms and provisions of this Rental Agreement are to be construed to comply with all requirements of the Iowa Uniform Residential Landlord and Tenant Act (IURLTA) and all applicable laws. If any term or provision of this Rental Agreement is determined to be invalid pursuant to IURLTA or other law, such invalid term or provision shall be severed from the contract, and the remainder of the contract shall continue in full force and effect as though the invalid term or provision was not contained herein. If any part of this Rental Agreement shall be in conflict with the law, the conflicting part shall be invalid and unenforceable to the extent that it is in conflict, but shall not invalidate this Rental Agreement or affect the validity or enforceability of any other provision of this Rental Agreement. Any term of this Rental Agreement that provides for any numerical amount that would be in conflict with a legal limitation amount shall be construed to be equal to the legal limitation amount. 23. ADDITIONAL PROVISIONS. Tenant will be responsible to reimburse Landlord for payment of the property taxes which accrue during the term of the Lease. Landlord will pay the property taxes and invoice Tenants. Tenants shall reimburse Landlord within thirty (30) days of receipt of the invoice. Tenant's obligation to reimburse Landlord for property taxes accruing during the tenancy will cease upon Tenant vacating the dwelling unit. Tenant may choose to prepay prorated real estate taxes to Landlord for the term of this lease. Tenant will maintain adequate insurance on the property during the term of the lease. Proof of property and liability insurance shall be submitted to Landlord. Tenant will not be responsible to clean the property at the time the property is vacated. Tenants are not responsible to pump out the septic system at the time the property is vacated. Tenant will not be responsible to hook into city sewer system prior to vacating the property. Tenant may install and utilize a heating source to include, but not limited to, a liquid propane (LP) tank or natural gas system, at Tenant's discretion. Tenant will be responsible for disconnecting the heating source and removal of LP tank, if applicable when vacating the property. Dated: 9/19/2016 Dated: City of Dubuque, a municipal corporation D • glas M. Fritsch, Tenant Landlord By: Kevin J. L 'nch Mayor Pro -Tem CERTIFICATE ofthe 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. 336-16 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 20th day of September, 2016. Kevin S. Firnstah C, City Clerk (SEAL) RESOLUTION NO. 336-16 RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY DOUGLAS M. AND DIANNE M. FRITSCH, IN THE CITY OF DUBUQUE Whereas, the Dubuque Industrial Center Economic Development District is an urban renewal area which allows the City of Dubuque to capture tax increment revenue from improvements made in the District in order to promote economic development activities; and Whereas, the City of Dubuque expanded the Dubuque Industrial Center Economic Development District via Resolution 332-16; and Whereas, the proposed expansion and amendment of the Dubuque Industrial Center Economic Development District will result in acquisition of certain real estate, namely 6450 Pennsylvania Avenue, Dubuque, IA 52002; and Whereas, Douglas M. and Dianne M. Fritsch (the Owners) of this certain real estate have voluntarily agreed to sell to the City of Dubuque the certain real estate legally described as follows (the Property): Lot 1 of the Northeast'/ of the Northeast'/, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of the Northeast'/ of the Northeast %, of Section 30, in Township 89 North, Range 2 East of the 5th P.M. according to the recorded plats thereof (6450 Pennsylvania Avenue) Whereas, acquiring the Property will allow expansion of the Dubuque Industrial Center Economic Development District; and Whereas, the acquisition of this real estate is a voluntarily negotiated purchase by the City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acquisition by the City of Dubuque through its exercise of the power of eminent domain under Chapter 6B of the Code of Iowa; and Whereas, the Owners have agreed to sell the Property for a total cost of $204,000.00; and Whereas, a purchase agreement and acknowledgment of voluntary negotiation have been finalized with the Owners of the real estate scheduled for acquisition; and Whereas, it is in the best interest of the City to acquire the Property, subject to review of the updated abstract and title opinion by the City Attorney's Office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the Offer to Buy Real Estate and Acceptance attached hereto subject to review of the updated abstract and title opinion by the City Attorney's Office. Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty Deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Passed, approved and adopted this 19th day of September, 2016. Kevin 'J. Lyne, Mayor Pro -Tem Attest: Kevin S. Firnstahl, ity-Clerk ACKNOWLEDGMENT OF VOLUNTARY NEGOTIATION AND PURCHASE OF PROPERTY Project: Dubuque Industrial Center Economic Development District Parcel Number: 1030226001 (6450 Pennsylvania Avenue) As owner(s) of real estate needed for the above referenced project and parcel, we acknowledge this is a voluntarily negotiated purchase by the City of Dubuque, Iowa under Section 6B.1A of the Code of Iowa, and is not an acquisition by the City of Dubuque, Iowa through an exercise of the power of eminent domain under Chapter 6B of the Code of Iowa. This voluntarily negotiated sale to the City of Dubuque, Iowa was made without any coercive action of any nature. Douglas ' . Fritsch M. Fritsch CA\ ary Public in and for Dubuque County, Iowa 9.,23,zo/6, Date Date 23- r 6r/(1. Pvemrremeetvmmig ornmt b4 d /..am lu 743 Te etria), �tja.11 LEAD-BASED PAINT DISCLOSURE - SALES Property Address or Legal Description: Locally Known as: 6450 Pennsylvania Avenue, Dubuque. Iowa 52001 Lot 1 of the Northeast 1/4 of the Northeast 1/4, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of the Northeast'/ of the Northeast'/,, of Section 30, in `township 89 North, Range 2 Fast of the 5th P.M. according to the recorded plats thereof. Lead Warning Statement Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessment or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase. Seller's Disclosure A. Presence of lead-based paint and/or lead-based paint hazards (Check (i) or (ii) below): _ i. Known lead-based paint and/or lead-based paint hazards are present in the housing (explain). ii. Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. B. Records and reports available to the Seller (check (i) or (ii) below): n i. Seller has provided the purchaser with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents below). • Pill. Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. Buyer's Acknowledgment (initial) y execution of this disclosure, Buyer acknowledges receipt of copies of all information listed above including receipt of the pamphlet, "Protect Your Family from Lead in Your Home". This agreement is contingent upon a risk assessment or inspection of the Property for the presence of lead-based paint and/or lead-based paint hazards at the Buyer's expense until 5 p.m. on [Insert date 10 days after contract ratification or a date mutually agreed upon]. (Intact lead-based paint that is in good condition is not necessarily a hazard. See the EPA pamphlet "Protect Your Family from Lead in Your Home" for more information). This contingency will terminate at the above predetermined deadline unless the Buyer (or Buyers agent) delivers to the Seller (or Seller's agent) a written contract addendum listing together with a copy of the inspection and/ or risk assessment report. The Seller may, at the Sellers option, within days after delivery of the addendum, elect in writing whether to correct the condition(s) prior to closing. If the Seller will 43 The Iowa State Bar Association 2016 Form No. 156, Lead -Based Paint Disclosure - Sales Iowa Does® Revised January 2016 RAL/2016/RE/Fritsch - City of Dubuque . LI of the NE 1-4 of the NE 1-4 and L2 of L1 of Ll of L2 of the NE 1-4-LBPD correct the condition, the Seller shall furnish the Buyer with certification from a risk assessor or inspector demonstrating that the condition has been remedies before the date of closing. If the Seller does not elect to make the repairs, or if the Seller makes a counter-offer, the Buyer shall have days days to respond to the counter-offer to remove this contingency and take the property in "as is" condition or this agreement shall become void. The Buyer may remove this contingency at any time without cause. Buyer hereby waives this contingency. (initial). Agent's Acknowledgement (initial). Agent has informed the Seller of the Seller's obligations under 42 U.S.C. 4852d and is aware of Agent's responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate. BUYER(S) City o Dubuque _%, , Buyer Date Dianne Fritsch, Seller Date , Buyer Date , Agent Date , Agent Date © The Iowa State Bar Association 20162 Form No. 156, Lead -Based Paint Disclosure - Sales IowaDocs® Revised January 2016 o s^ '7, RESIDENTIAL PROPERTY SELLER ='y:' DISCLOSURE STATEMENT r Property Address: 6450 Pennsylvania Avenue, Dubuque, Iowa 52002 PURPOSE: Use this statement to disclose information as required by Iowa Code chapter 558A. This law requires certain sellers of residential property that includes at least one and no more than four dwelling units to disclose information about the property to be sold. The following disclosures are made by the Seller(s) and not by any agent acting on behalf of the Seller(s). INSTRUCTIONS TO SELLER(S): A. Seller(s) must complete this statement. Respond to all questions, or attach reports allowed by Iowa Code section 558A.4(2); B. Disclose all known conditions materially affecting this property; C. If an item does not apply to this property, indicate it is not applicable (N/A); D. Disclose information in good faith and make a reasonable effort to ascertain the required information. If the required information is unknown or is unavailable following a reasonable effort, use an approximation of the information, or indicate that the information is unknown (UNK). All approximations must be identified as approximations (AP). E. Additional pages may be attached as needed: F. Keep a copy of this statement with your other important papers. DISCLOSURES: 1. Basement/Foundation: Any known water or other problems? Yes Any known repairs? y,, /TM l -IEA -t// (2,4' 4'14 Ye If yes, date of repairs/replacement: rider/4 rpt „n, 1 f_ w, t{ rv7 0 ' bA Ni 0:4 y, 1j E pRupiGf /tom. 2. Roof: Any known problems? Ye Any known repairs?-� If yes, date of repair placement: 3. Well and Pump: Any known problems? Any known repairs? If yes, date of repairs/replacement: Any water tests? If yes, date of last report: �j ° 3/ ' ?C.)/ Co and results:' _I TE rit - AASCI•fr NO3 4. 1 4. Septic Tanks/Drain Fields: Any known problems? Location of tank: Date tank last cleaned: Select a response: /A UNK /A UNK N/A UNK N/A UNK Yes I N/A UNK Yes No N/A UNK No N/A UNK Yes / No) N/A UNK 5. Sewer Systems: Any known problems? Yes Any known repairs? Yes If yes, date of repairs/replacement: N/A UNK N/A UNK U The Iowa State Bar Association 2016 Form No. 155, Residential Property Seller Disclosure Statement IowaDocs® Revised January 2016 RAL/2016/RE/Fritsch - City of Dubuque - L I of the NE 1-4 of the NE 1-4 and L2 of LI of L I of L2 of the NE 1 -4 -RPD 6. Heating System(s): Any known problems? Any known repairs? If yes, date of repair 7. Central Cooling System(s): Any known problems? Any known repairs? If yes, date of repai s/replacement: N/A UNK N/A UNK No N/A UNK Yes No N/A UNK 8. Plumbing System(s): Any known problems? Yes No )N/A UNK Any known repairs? Yes o; N/A UNK If yes, date of repairs/replacement: 9. Electrical System(s): Any known problems? Yes Any known repairs? Yes If yes, date of repairs/replacement: N N/A UNK N/A UNK 10. Pest Infestation (e.g., termites, carpenter ants): Any known problems? Yes ( No) N/A UNK If yes, date(s) of treatment: Any known structural damage? Yes No N/A UNK If yes, date of repairs/replacement: Any known inspections? Yes No N/A UNK If yes, date of last report: and results: 11. Asbestos: Any known to be present in the structure? Yes N/A UNK If yes, explain: 12. Radon: Any known tests for the presence of radon gas? If yes, date of last report: and results: Yes No /A UNK 13. head -Based Paint: Any known to be present in structure? Yes N/A UNK 14. Flood Plain: Do you know if the property is located in a flood plain? Yes No N/A UNK If yes, what is the flood plan designation: MOT ! N 0 NI L 15. Zoning: Do you know the zoning classification of the property? Q o N/A UNK If yes, what is the zoning classification: \ 0 e 4E5 I bE JTi L The Iowa State liar Association 2016 2 Form No. 155, Residential Properly Seller Disclosure Statement lowaDocs® Revised January 2016 16. Covenants: Is the property subject to restrictive covenants? Yes No )N/A UNK If yes, attach a copy or state where a true, current copy of the covenants can be obtained: 17. Shared or Co -Owned Features: Any features of the property known Yes ENo /A UNK to be shared in common with adjoininglandowners, such as walls, fences, roads, and driveways whose use or maintenance responsibility may have an effect on the property? Any known "common areas" such as pools, tennis courts, walkways, Yes No ) N/A UNK or other areas co -owned with others, or a Homeowner's Association which has any authority over the property? 18. Physical Problems: Any known settling, flooding, drainage or grading Yes (No ) N/A UNK problems? 19. Structural Damage: Any known structural damage? Ycs NQ._,../A UNK 20. See attached Disclosure of Information on Lead -Based Paint and/or Lead -Based Hazard and the attached pamphlet, Protect Your Fcnnily front Lead in Your Home. You MUST explain any "YES" responsc(s) above. Use the back of this statement or additional sheets as necessary. If reports are attached, identify the reports and the questions to which they pertain. The Iowa State Bar Association 2016 3 Form No. 155, Residential Property Seller Disclosure Statement IowaDocs® Revised January 2016 SELLER(S) DISCLOSURE: Seller(s) discloses the information regarding this property based o information known or reasonably available to the Seller(s). The Seller(s) has owned the property since P1 L . The Seller(s) certifies that as of the date signed this information is true and accurate to the best of my/our knowledge. Seller(s) acknowledges requirement that Buyer(s) be provided with the'=I2Swa" .don Horne -Buyers and Sellers Fact Sheet" prepared by the Iowa Department of Public Health. Seller: oug a /►� itsch Date: 7-tvi/so/L BUYER(S) ACKNOWLEDGEMENT: Buyer(s) acknowledges receipt of a copy of this Disclosure Statement. This Disclosure Statement is not intended to be a warranty or to substitute for any inspection the Buyer(s) may wish to obtain. Buyer(s) acknowledges receipt of the "Iowa Radon Home -Buyers and Sellers Fact Sheet" prepared by the Iowa Department of Public Health. Buyer: Date: Buyer: Date: © The Iowa State Bar Association 2016 4 Form No. 155, Residential Property Seller Disclosure Statement lowaDocs® Revised January 2016 Crenna M. Brumwell, Esq. Assistant City Attorney Suite 330, Harbor View Place 300 Main Street Dubuque, Iowa 52001-6944 (563) 589-4381 office (563) 583-1040 fax cbrumwel(rr cityofdubuque.org Gus Psihoyos City Engineer 50 W. 13th Street Dubuque, IA 52001 THE CITY OF Dui Masterpiece on the Mississippi September 20, 2016 RE: Title Opinion — 6450 Pennsylvania Avenue (Doug & Dianne Fritsch) Dear Gus: I have reviewed the abstract for the property legally described as: Dubuque 11111./ 2012 Lot 1 of the NE'/ of the NE 1/4, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of the NE '/ of the NE 1/4, of Section 30, in Township 89 North, Range 2 East of the 5th P.M. in the city of Dubuque, Iowa, according to the recorded plats thereof from the date of original entry to September 1, 2016 at 8:00 a.m., the last continuation of the abstract having been certified to by Dubuque County Abstract & Title Company on that date and I find that good and merchantable title is vested in: Douglas M. and Dianne M. Fritsch, husband and wife, as Joint Tenants with Full Rights of Survivorship and not as Tenants in Common subject to: 1. Mortgages. The property under examination is subject to mortgages by Dianne M. Fritsch and Douglas M. Fritsch as follows: (a) Mortgage, Dupaco Community Credit Union, October 11, 2013, filed October 16, 2013, Instrument #2013-16525. This mortgage secures the sum of $62,736.68 and remains unsatisfied. (b) Revolving Credit Mortgage, Dupaco Community Credit Union, July 8, 2016, filed July 13, 2016, Instrument #2016-8789. This mortgage is a secured debt for the revolving sum of $80,000.00. While the secured debt may be reduced to a zero balance, this Mortgage will remain in effect until released. A release is necessary. 2. Plat. There are four (4) plats for the property under examination. (a) Plat Book #1 of Land, page 190, plat of Subdivision of North East'/ of North East'/ of Section 30, Township 89 North, Range 2 East of 5th P.M. (Date of filing not shown, Platted and numbered by A. Anderson. No date) (b) Book of Plats #30, page 66, Plat of Subdivision of Lot 2 of the Northeast ' of the Northeast '/ of Section 30, Township 89 North, Range 2 East of 5th P.M., in Dubuque Township, Dubuque County, Iowa, filed for record July 31, 1964. (c) Book of Plats #31 page 307, Plat of Subdivision of Lot 1 of Lot 2 of the Northeast '/ of the Northeast '/4 of Section 30, Township 89 North, Range 2 East of 5th P.M., in Dubuque Township, Dubuque County, Iowa, filed for record May 16, 1966. (d) Plat of the subdivision of Lot 1 of Lot 1 of Lot 2 of the NE '/ of the NE '/4 of Section 30 Township 89 North, Range 2 East, of the 5th P.M. Dubuque County, Iowa, filed for record January 16, 1974. I have attached copies of the plats as set forth in the abstract for your information. 3. Easements. Attached are copies of easements granted as follows: (a) Highway easement to Dubuque County, filed April 28, 1950, Book Lds. 40-464. (b) Transmission Line Easement to Maquoketa Valley Rural Electric Cooperative, filed December 14, 1950, Book Lds. 41-378. (c) Transmission Line Easement to Interstate Power Company, filed March 10, 1951, Book Lds. 41-626. (d) Easement to Interstate Power Company, filed March 10, 1951, Book Lds. 41-617. (e) Easement to AT&T Communications of The Midwest Inc., filed July 15, 1988 as Instrument #5904-88. I am not able to determine from the abstract the exact location of these easements. 4. Ordinances/Resolutions. Various proceedings regarding zoning and land use regulations may affect the real estate described in the caption of this abstract. The abstracted items are attached. You may wish to contact the appropriate offices for further particulars to see how they may affect the subject real estate. 5. Taxes. Real estate taxes for the second half fiscal year 2015-2016, and prior years are paid. The first half of 2016-2017 taxes should be prorated to the date of closing. 6. Matters Not Covered. Please be advised that this Opinion covers only those matters which appear in the abstract and only for the periods certified to by the abstract company and does not cover: (a) Any other unrecorded easement or liens; (b) Rights of parties in possession now shown by the abstract to be in possession; (c) Party walls, boundary and/or surveys; (d) Instruments recorded under the Iowa Commercial Code; (e) Matters filed in the office of the United States District Court, Northern District of Iowa, Eastern Division subsequent to June 30, 1973. The abstract does not disclose the existence of hazardous substances, pollutants, contaminants, hazardous waste(s), water wells, and other environmentally regulate activities. You are cautioned that federal, state and local legislation may, in the event that there are environmental and/or public health violations permit injunctive relief and require removal and remedial actions or other "clean-up". The cost of such "clean-up" may become a lien against the real estate and you may have personal liability even though you may not have disposed of any hazardous substances, pollutants, contaminants or hazardous wastes on the real estate or used underground storage tanks or wells. I am returning the Abstract of Title along with this Title Opinion. If you have any questions, please call me. Sincer renna Brumwell Assistant City Attorney Enclosure #3137 67467 ABSTRACT OF TITLE TO Lot 1 of the North East of North East of Section 30 in Township 89 North, Range 2 East of the 5th P.M., in Dubuque Township, Dubuque Count Iowa, according to the recorded Plat thereof in Plat Book #1 of Lands, page 190, records of Dubuque County, Iowa, subject to highway. * * * * * * * * * * 1. Book of Original Entries page 84: NEI of Sec. 30p T 89 2E., 160 ac, wa entered. Mch. 3, 1848, by Stephen. G. Fenimore. Land Warrant #17796, 2, United States of America by the President: Millard Fillmore; N.Sargent, Recorder of General Land. Office; to Stephen. G. Fenimore, Grants the North East; i of Section, 30 in. Township 89 North, of Range 2 East of the fifth principal meridianin. the District of Lands subject sale at Dubuque,Iowa, containing 160 acres according to the official thereof. Certified to be a true copy of record in. that office„ Nov.13,193, by the Recorder of the General Land Office, Washington, D.C., (Seal). ) Book Lds, 29-535. Copy of Patent. ) ) ) Dated. Sep. 5th 1850. ) ) Filed. Dec, 10, 1934. * * * * * * * * * 3. Stephen G.Fenimore and Elisa ) Book K-488. Special Wty.Deo Fenimore, his wife, ) ) Sated May 28, 1853. to ( ) Filed June 9, 1853. Calvin Scripture Jun'r. ) Consid: c4;100.00. Quit claim following premises, towit: The North East ?a- of the North East of Section 30 in Tp. 89 N R 2 E 5 P.M., in the County of Dubuque. 1. * * * * * * * * 7. James L.Scripture and ';elen ) ^ook Lds. 14-216. Warranty Deed. E. Scripture, his wife, ) Dated June 27, 1904. to ) Filed Jan. 11, 1905. 'nary A. Morse. ) Consid: „1 & other value. Following premises in Dubuque County,Iowa: The undivided 1/3 of the East 1/2 of the North East 1/4 of Section 30 in Township of Dubuque, County of Dubucue and State of Iowa. n Plat 5ook W1 of Lands, page 190, plat of Subdivision of North East of North East of Section 30, Township 89 North, Range 2 East of 5th P.M. (Date of filing not shown). Platted and numbered by A. Anderson. (No date). :. * „• * * * * * Mary A.Morse and George F. ) Book Lds. 14-117. Warranty Deed. Morse, her husband, and ) Carrie L.Scripture, single, ) Dated Jan. 9th 1905. to ) Filed Jan. 11, 1905. Eugene Seigert. ) Consid: .5803.50. Following premises in Dubuque County, Iowa: The South East of the North East 4 and Lot 2 of the Subdivision of North East z of North East ., all in Section 30 in Tv. 89 N.=1. 2E 5 P.I., in County of Dubuque and State of Iowa, and containing 80.30 acres. 4. 9- Ambrose & Katherine Blake .. ) Book Lds. 40-464, Highway Easement. ) to Dated. Mch. 17, 1950. Dubuque County, Iowa. ) Filed Apr. 28, 1950. For use as a public highway and for highway purposes, the real estate in said. County, tiescribed as follows, towit: Beginning 2.0 feet north of the NE corner of Sec. 30 T 89 N H 2E and 33.0 feet on each side of the following described line: North 87°47'W 513.0 feet, thence N 89°25'W 823.4 feet and containing 2.02 acres more or less of which 0.80 acres more or less is exclusive of the present established highway. 10. Book Lds. 41-378, Transmission Line Easement,dated Nov. 24, 1950, filed for record Dec. 14, 1950: Ambrose Blake and Mrs. Katherine Blake grant to Maquoketa Valley Rural Electric Cooperative, a corporation, successors and assigns right to. enter upon their lands in Dubuque County, Iowa, described: SE -,;t of Sat Sec. 19; and E of NE* of Sec. 30,fiexcept school property" in Tp. 89 N R 2 E 5 P.M.; right to construct,operate,replace,and repair electric trans- mission and distribution line or system, including necessary appliances, etc. (Right to trim trees, etc). * * * * * * * * 11, Andrew Lex, Pres., ) Book Lds. 41-626. Transmission Line Ambrose Blake, Sec, ) Easement. ) Dated Feb. 12, 1951. to ) ) Filed. Mch. 10, 1951. Interstate Power Company,, a ) Delaware corporation, successors and assigns forever. In. consideration of $1, grant right,privilege and authority to construct, maintain and remove lines for transmission of electric energy, including necessary poles, wires, guys, stubs and other fixtures, over,across and upon following real estate owned by us in County of Dubuque,State of 'OWE towit: Lot 1 of NE* of NE* of Sec. 30, Tp, 89 N R 2 e. 5 P.M. Said line to be located on private property approximately 50 feet south of south right of way line of established east and west highway,across at ve described land. With right,privilege and authority to trim or cut down any trees within. 15 feet of each side of said line which may interfere with construction, operation, maintenance and removal thereof; and also the right to enter upon above described premises at any and all times for purposes above set forth. ELHABSTRACTCOMpnifr tlY.4/*A 14: LTV DUBUQUE IOWA 5. 111111.111•1111 . . * 4e * : ;: :. :: eek of Plats #30 page 66, Plat of Subdivision of Lot 2 of the Northeasttof 1/4 of the Northeast 1/4 of Section 30, Township 89 North, Range 5th P.M., in Dubuque Township, Dubuque County, Iowa, f ild for record July 31, 1964, 2:17 P.N.: 11 0 F i -..m' 2_. ,-. * 14 N e'_. 41 e- ti t_ C O T. R 4 R. « .:2- a.. . n8. c e P. K.."1. 0.14- 0.r_. ;` i"N c_ 1 � li a 4.._c`_ c Dul--ulue, Iowa, July 22, 1964. I hreby certify that the above is a true and correct plat of the ;;UE.:ivision of Lot 2 of the Northeast quarter of the Northeasstting t of .ection 30, Township 89 North, Range 2 East of 5th P. i. , in Dub,;-Ue r:'ownship, Dubuque County, Iowa, as surveyed, platted and numberec by `' • Professional Civil Engineer & A. A. Rhomberg, � Iowa) Land Surveyor. (Seal- Registered 137 1ubuiue , Iowa, July 29th 1964. Thot er;oin�; plat of the Subdivision of Lot 2 of the Northeast quarter or�:Fof 89 the Northeastrtheast quarter of Section 30, Township North,, Iowa, Range 2 East is made with 5th P.r., being in Dubuque Township, Dubuque County, Lhe free consent and in accordance with the desire of the undersigned owners }n'1 proprietors of said real estate. Ambrose Blake. Katherine Blake. r°,cknowleded July 29, 1964 by Ambrose Blake and Katherine Blake, husbanc n i wife. 8. 7 t� Rook of Plats #31 page 307, Plat of Subdivision of Lot 1 of 'tLot to2thf Hthee Northeast 1/4 of the Northeast 1/4 of Section 30, Township 89 g 2 East of 5th P. ., in Dubuque Township, Dubuque County, Iowa, filed for 4 record May 16, 1966, 3 :0 _.. des' — 1 eT�-i-a � �R oAa e..5 t,‘„ A rhe isi 1 .F : .T 1 .r'1 - N N •fie c i o. %-; N ,lam E or 5"i, m. Dubuque, Iowa, May 9, 1966• tat of the Subdiv- isionhereby certify that the above is a true and correct p of Lot 1 of Lot 2 of the Northeast One-quarter of the Northeast 0n` ,uarter of Section 30, Township 89 North, Range 2 East of 5th P.N., beini. in Dubuque Township, Dubuque County, Iowa, as surveyed, platted and numb( ed by me. A.A. Bhornberg, Professional Civil Engineer & Land Surveyor. (Seal- Registered 1378 Iowa) Dubuque ,Iowa., May 16, 1966. The foregoing plat of the Subdivision of Lot 1 of Lot 2 of the Nortiheast 1/4 of the Northeast 1/4 of Section 30, Tp. 89 N R 2 E 5P > Dubuque Township, Dubuque County,Iowa, is made with the free consent and in accordance with the desire of theeundersigned owners and proprietors of said real estate. ke. Katherine Blake. Acknowledged May 16, 1966 by Ambrose Blake and Katherine Blake, husband and wife. 2. 25. Ambrose Blake and Bk.Lds#41-617 Easement Katherine Blake Dated Feb. 12, 1951 Filed March 10, 1951 Grants said corporation,its Interstate Power Company, successors and assigns,forever, a Delaware corporation the right, privilege and '1.00 consideration authority to constn.ict,operate, maintain and remove lines for the transmission of electric energy, including necessary poles,wires,guys, stubs and other fixtures,over,across and upon the following described real estate owned by -us and located in the County of Dubuque,State of Iowa,to- wit: Lot 2 of the Northeast of the Northeast * of Section 30,Township 89 North, Range 2 East of the 5th P.M.. Said line to be located on privat property, commencing at a point on the west line of: the above described land, approximately 50 feet south of the south right of way line of the established east and west highway, thence northeasterly, to a point approximately one foot south of the south right of way line of the established east and -est highway and approximately 160 feet east of the west line of the above described land, thence east parallel to and approximately one foot south of the south right of way line of the established east and west highway to the east line of the above described land. Together with the right,privilege and authority to trim or cut down any trees within 15 feet of each side of said lines which may interfere with the construction, operation, maintenance and removal thereof; and also the right to enter upon the above described premises at any and all times for the purposes above set forth. to 26. Ambrose Blake to Instrument #6103-72 Affidavit Sworn to August 17, 1972 Filed August 21, 1972 The Public Upon oath deposes and states: That Leo L.Baumann and Lorraine R.Baumann,husband and wife, are now the record titleholders of the follow- ing described real estate to -wit: Lot 1 of the North East * of the North East is of Section 0, in Towaship 89 North, Range 2 East of the 5th P.M., in Dubuque Township, Dubuque County, Iowa, according to the recorded Plat thereof in Plat Book #1 of Lands, page 190, records of Dubuque County,Iowa That. said Leo L.Baumann and Lorraine R.Baumann,husband and wife, are now in complete actual and sole possession of all of said real estate except as may be herein stated. That this affidavit is made from the personal knowledge of the undersigned who is familiar with said real estate, its titleholders and its parties in possession, and is for the purposeof confirming title to the above described real estate underthe provisions of Section 614.17 Code of Iowa, and other statutesrelative thereto. I furthr depose and state that at all times during the year 1965 and for many years prior and subsequent thereto I was the owner of Lot 2 of the Ni: of the NL i of Section 30 in Township 89 North, Range 2 East of the 5t P.M., in Dubuque Township, Dubuque County, Iowa, according to the recorded Plat thereof in Book of Lands #1, page 190, records of Dubuque County, Iow and I paid the full value of said Lot 1 of the NEi of the NE* of said Section 30 to Dubuque Community School District,Dubuque,Iowa, in exchange for the execution and delivery of Quit Claim Deed dated January 27,1965, filed for record September 819rr • Book of Lands 58, page 664,Records ckwicoraRgcrcom Hy fe• •fite *se 143, 011BILOQUE" lOw-11 A_Jut, L 01 7/1. nt,,t of the subdivision of/tot 1 of Lot 2 of the NE 1/4 of the NE 1/4 of Section 30 Township 89 North, Range 2 East, of the 5th P.M. Dubuque County, Iowa /65' zor / 0.50 62' .;" L 0 711 IVAW CYCZ,nAIR FENrc zor /-/--/-2 NE14 NE frit r� coiJ401-Y RO/1P 7077411.. 37.3Z 4c. R040 0.60 Ac. NET 256.70.Ac. /.77,7,0.X 1974 JXI 16 PT 10 05 Roiltirri RECOREER C't.1300t.?: CO_ 10 'Etc • 4CIUSTING /OWN PIPE 0 P.14,CISO //WN PIPS A 4.0 si it47, I Fs' 6704 /* vri .k\kl:!'b SI INV% 514 9. 0' SCALE: 1O 36. Leo L. Baumann and Lorraine B. Bauman (signed Lorraine R.BaumannT husband & wife to Tea.1 G. O'Brien and Arletta J. O'Brien,husband & wife as joint tenants with full rights of survivorship, and not as tenants in common o. g. & v. c. No documentary stamps required - deed given forcorrective title purposes. ) instrument 66-74 Warranty Deed ) Dated Jan. 7, 1974 ) Filed Jan. 16, 1974 ) ) )) ) ) Following described real estate, situated in Dubuque County, Iowa, to -wit: Lot 2 o Lot 1 o Lot 1 o' Lot 2 of the NLC of the NE of Section 30, Township 89 North, Range 2 East of the 5th P.M., in Dubuque. County, Iowa.' 37. Taxes for the years to and including 1972, paid. Taxes for the year 1973 & lst half of 1974, not certified for collection. 58. Book of Affidavits #25 page 336, et seq., Dubuque County Zoning Ordinance filed March 8, 1971. Passed, adopted and approved upon third reading, Feb. 11, 1971. Certified as published in the Telegraph Herald on Feb. 18, 1971. Abstracter's Note: Attention is directed to the Official Zoning Map located in the office of the Zoning Administrator, in re zoning of the premises under examination. 39. Abstracter's Note: The Clerk's Office in the United States District Court Northern District of Iowa, Eastern Division, at Dubuque, Iowa, was CLOSEI as of the 30th day of June, 1973, 5 P.M., and all records and files have been removed therefrom. Your personal attention is directed to said Clerk Office located in the City of Cedar Rapids, Iowa, in regard to searches affecting the premises described in the Caption hereof, since the aforesE date. + + + + ± + + + + Vincent 8. Vondra and ) Lolita G. Vondra, ) husband and wife ) ) to ) ) Thomas J. Kuehn and ) Eida M. Kuehn, ) husband and wife is joint ) tenants with the right of ) survivorship and not as ) tenants in common, ) $10.00 & 0.9. & v.c ) $73.15 Trfr. Fee ) Inst. #1069-86. Warranty Deed. Dated February 12, 1986 Filed February 28, 1986 Ccnveying the following described real estate, situated in Dubuque County, Iowa, to -wit: Lot 1 of the NE 1/4 of the NE 1/4, and Lot 2 of Lot. 1 of Lot 1 of Lot 2 of the NE 1/4 of the NE 1/4, of Section 30, in Township 89 North, Range 2 East of the 5th P.M., in Dubuque Township, Dubuque County, Iowa, according to the recorded plat thereof, subject to highways and easement of record. + + + + + + + + + Thomas J. Kuehn, husband ) Ude. M. Kuehn, wife ) ) to ) AT&T Communications of The Midwest Inc. ) Consld: $5.00 ) Inst. #5904-88. Easement. Dated July 12, 1988 Filed July 15, 1988 *** hereby grant. and convey unto said Company, ite associated and allied companies, its and their respective successors, assigns, lessees and agents, a perpetual right of way and easement to construct, operate, maintain, replace and remove such communication systems as the grantees may from time to time. require, consisting: of underground cables, lightguides, wires, conduits, manholes, drains, splicing boxes repeaters, repeater housings, together with surface testing -terminals, markers, and other appurtenances, upon, over and under a strip of land 16 1/2 feet wide across the land which the undersigned own or in which the undersigned have any interest in: Lot 1 of the NE 1/4 of the NE 1/4 of Section 30, Township 89 North, Range 2 East of the 5th P.M. Township of Dubuque, County of Dubuque and State of Iowa together with the following rights: Of ingress and egress to, from and along lands adjacent to said strip for the purpose of constructing and maintaining communication systems within said strip; to place surface markers beyond said strip; to clear and keep cleaned all trees, roots, brush and other obstructions from the surface and subsurface of said strip and during construction to cut all trees within ten feet thereof; and to install gates in any fences crossing said strip. 19;•:•;*:.e.V.:•:•>:•:•:e +++++++++ ORDINANCE; INSTRUMENT NO. 31182-03; Certified Copy of Ordinance No. 91-03, passed, adopted and approved November 17, 2003, by the City Council of the City of Dubuque, Iowa, filed November 26, 2003. AN ORDINANCE ESTABLISHING A SCHEDULE OF SEWER CONNECTION FEES FOR THE CONNECTION OF PROPERTY TO THE COUNTY FARM SANITARY INTERCEPTOR SEWER Whereas. after full consideration of the schedule of sanitary connection fees proposed to be made for the County Farm Sanitary Interceptor Sewer, which schedu'l'e of connection fees was filed in the office of the City Clerk on the 15th day of October, 2003; and Whereas, the City Council has determined that the amounts shown on said schedule are proper and are in proportion to the benefits conferred; and Whereas, the City Council further finds that the schedule of sewer connection fees for the County Farm Sanitary Interceptor Sewer be approved and adopted. I\ OW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. There is hereby established a schedule of sewer connection fees of the County Farm Sanitary Interceptor Sewer for the connection of property to said City sewer. Section 2. Each property owner whose property will be served by connection to said City sewer shall pay a sewer connection fee to the City, as shown on the schedule of sewer connection fees attached hereto. Section 3. Such connection fee shall be due and payable when a sewer connection application is filed with the City. All fees collected under this Ordinance shall be paid to the City Treasurer. Section 4. The City Clerk is hereby authorized and directed to certify a copy of this Ordinance for recording in the office of the Dubuque County Recorder. CONNECTION FEE SCHEDULE County Farm Interceptor Sanitary Sewer S500 Connection Fee Per Acre Property owner(s): Fritsch, Douglas & Dianne. Acres: 0.40. _egal: Lot 1 of the NE NE & Lot 2-1-1-2 of the NE NE Section 30 T89N R2E. (inter alia) Prepared by: Gus Psihoyos, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa. (563) 589-4270. +++++++++ 2. Abeln Abstract & Title Company Established 1893