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North Grandview Avenue Right-of-Way Amendment to Purchase Agreement_K&T Real Estate Copyright 2014 City of Dubuque Action Items # 3. ITEM TITLE: North Grandview Avenue Right-of-Way Amendment to Purchase Agreement SUMMARY: City Manager recommending approval to amend the purchase agreement for the vacation and disposal of a portion of the North Grandview Avenue Right-of-Way in the southwest corner of the intersection of North Grandview Avenue and University Avenue. RESOLUTION Amending the Purchase Agreement for the vacation and disposal of a portion of the North Grandview Avenue Right-of-Way in the City of Dubuque SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type K&T Real Estate Amending Purchase Agreement-MVM City Manager Memo Memo Staff Memo Staff Memo Amended Offer Supporting Documentation Supporting Documents Supporting Documentation Resolution Resolutions THE CM OF Dubuque AAA-A m c DUB E 11 1r Masterpiece on the Mississippi -2012I rP PP �oo� .zo13 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Amending the Purchase Agreement for the Vacating of a Portion of North Grandview Avenue Right-of-Way (Tim Tiefenthaler for K & T Real Estate, LLC) DATE: October 11, 2016 City Engineer Gus Psihoyos requests City Council approval to amend the purchase agreement for the vacation and disposal of a portion of the North Grandview Avenue Right-of-Way in the southwest corner of the intersection of North Grandview Avenue and University Avenue. The amendment removes the requirement for the construction of a nine stall public parking lot adjacent to the newly constructed laundromat commercial site at the southwest corner of the intersection (1660 University Avenue) developed by Tom Tiefenthaler of K & T Real Estate, LLC. It is in the best interest of the City to not require the construction of the parking lot on City property as it would be in conflict with the location of the proposed roundabout intersection improvements at Grandview and University now being planned. All other terms and conditions of the agreement shall remain in full force and effect. I concur with the recommendation and respectfully request Mayor and City Council approval. Zia-A^, Mic ael C. Van Milligen MCVM Jh Attachment cc: Crenna Brumwell, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer THE CIOF DubuqueDUUB-W&FE ►11��1 1111. Masterpiece ori the Mississippi 1007•2012.2013 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer _,�x SUBJECT: Amending the Purchase Agreement for the Vacating of a Portion of North Grandview Avenue Right of Way (Tom Tiefenthaler for K & T Real Estate, LLC) DATE: October 11, 2016 INTRODUCTION The purpose of this memorandum is to request approval to amend the purchase agreement for the vacation and disposal of a portion of the North Grandview Avenue Right of Way in the southwest corner of the intersection of North Grandview Avenue and University Avenue. The amendment removes the requirement for the construction of a nine stall public parking lot adjacent to the newly constructed laundromat commercial site at the southwest corner of the intersection (1660 University Avenue) developed by Tom Tiefenthaler of K & T Real Estate, LLC. All other terms and conditions of the agreement shall remain in full force and effect. DISCUSSION In May of 2016, K & T Real Estate, LLC requested the vacation of a portion of the North Grandview Avenue right of way for the development of a commercial property at the southwest corner of the intersection of North Grandview Avenue and University Avenue. A purchase agreement was then finalized with K & T Real Estate, LLC, for the vacation and disposal of a portion of the North Grandview Avenue right of way. In June of 2016, the City Council passed Resolution 229-16 approving the disposal of Lot 1 of Tiefenthaler 2nd Place, in the City of Dubuque, Dubuque County, Iowa. In June of 2016 the City of Dubuque vacated and sold a portion of the North Grandview Avenue right of way known at Lot 1 of Tiefenthaler 2nd Place via Quit Claim Deed to K & T Real Estate, LLC. Per the terms of the purchase agreement, K & T Real Estate, LLC was to construct a nine stall parking lot on City Property adjacent to Lot 1 of Tiefenthaler 2nd Place. Based on recent staff discussions, it is in the best interest of the City to not require the construction of the parking lot on City Property as it would be in conflict with the location of the proposed roundabout intersection improvements at Grandview and University now being planned. RECOMMENDATION I am recommending amending the purchase agreement, for the sale of Lot 1 of Tiefenthaler 2nd Place, to remove the requirement for the construction of said parking lot. All other terms and conditions of the agreement shall remain in full force and effect. ACTION TO BE TAKEN I respectfully request adoption of the attached resolution amending the purchase agreement with K & T Real Estate, LLC for the vacating of a Portion of North Grandview Avenue Right of Way. Prepared by Nate Kieffer, PLS 2 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 361-16 A RESOLUTION AMENDING THE PURCHASE AGREEMENT FOR THE VACATION AND DISPOSAL OF A PORTION OF THE NORTH GRANDVIEW AVENURE RIGHT OF WAY IN THE CITY OF DUBUQUE Whereas, K & T Real Estate, LLC requested the vacation of a portion of the North Grandview Avenue right of way for the construction of a commercial property at the southwest corner of the intersection of North Grandview Avenue and University Avenue; and Whereas, a purchase agreement was finalized with K & T Real Estate, LLC, purchaser of the property scheduled for vacation and disposal; and Whereas, the City Council passed Resolution•229-16 approving the disposal of Lot 1 of Tiefenthaler 2nd Place; and Whereas, in June of 2016 the City of Dubuque vacated and sold a portion of the North Grandview Avenue right of way known at Lot 1 of Tiefenthaler 2nd Place via Quit Claim Deed to K & T Real Estate, LLC; and Whereas, per the terms of the purchase agreement, K & T Real Estate, LLC is to construct a nine stall parking lot on City Property adjacent to Lot 1 of Tiefenthaler 2nd Place; and Whereas, it is in the best interest of the City to not require the construction of the parking lot on City Property as it will be in conflict with the location of the proposed roundabout intersection improvements now scheduled for the year 2017. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That amending the purchase agreement, for the sale of Lot 1 of Tiefenthaler 2nd Place, to remove the requirement for the construction of said parking lot is hereby approved. All other terms and conditions of the agreement shall remain in full force and effect. Section 2. That the Mayor is hereby authorized to execute and sign said amendment to purchase agreement. Passed, approved and adopted this 17th day of October, )16. Attest: Kevir[. . Firnstahl, Cit t() Lef Oy D. Buol, Mayor FIRST AMENDMENT TO OFFER TO BUY REAL ESTATE AND ACCEPTANCE BETWEEN THE CITY OF DUBUQUE, IOWA AND K & T REAL ESTATE, LLC This First Amendment t Offer to Buy reference purposes this ay of by and between the City o ubuque, Iowa, & T Real Estate, LLC (K & T). eaI1 Estate and Acceptance dated for -!2016, is made and entered into n Iowa municipal corporation (City) and K Whereas, City and K & T entered into an Offer to Buy Real Estate and Acceptance dated June 7, 2016 for the sale of property located in Lots 1 and 2 of the Subdivision of Lot 12 of Mineral Lot 172; and Whereas, City and K & T now desire, to amend the Offer to Buy Real Estate and Acceptance as set forth herein. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. The Offer to Buy Real Estate and Acceptance is amended by deleting Sections 11.2 and 11.3. 2. All other terms and conditions of the Offer to Buy Real Estate and Acceptance shall remain in full force and effect. CITY OF DUBUQUE, IOWA By: Roy D. B Attest: , Mayor Ke in S. Firnstah ityClerk K & T REAL ESTATE, LLC By: Thomas J. J. Tiefenthaler President FAUsers\tstecklelindahl\K & T Real Estate LLC TiefenthaleffirstAmendmentTo0fferToBuy_091816.doc 091816bal Copyright 2014 City of Dubuque ITEM TITLE: Vacating Petition - North Grandview Avenue / University Avenue Right-of-Way SUMMARY: Proof of publication on notice of public hearing to consider approval of a request by Tom Tiefenthaler of K&T Real Estate, LLC to vacate and dispose of City interest in a portion of the North Grandview Avenue right-of-way in the southwest corner of North Grandview Avenue and University Avenue and the City Manager recommending approval. RESOLUTION Vacating a portion of North Grandview Avenue South of University Avenue to be known as Lot 1 of Tiefenthaler 2nd Place, in the City of Dubuque, Iowa RESOLUTION Disposing of City Interest in Lot 1 of Tiefenthaler 2nd Place in the City of Dubuque, Iowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Tiefenthaler Vacating Petition-MVM Memo City Manager Memo Staff Memo Staff Memo Resolution to Vacate Resolutions Resolution to Dispose Resolutions Plat of Survey Supporting Documentation Location Map Supporting Documentation Offer to Purchase Supporting Documentation Proof of Publication Supporting Documentation THE CrrY OF Dubuque DUB E �r Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Vacating Petition/North Grandview Avenue Right-of-Way (Tom Tiefenthaler for K &T Real Estate, LLC) DATE: June 1, 2016 A request has been received from Tom Tiefenthaler of K & T Real Estate, LLC for the vacating of a portion of the North Grandview Avenue Right of Way in the southwest corner of North Grandview Avenue and University Avenue which abuts K&T Real Estate, LLC, 1660 University Avenue. K &T Real Estate plans to construct a new laundromat on the property to the west of the right of way. The vacating of this alley will facilitate the development of this site by providing an access to the business off an alley to the south of the site. K & T Real Estate and the City of Dubuque plan to execute an Offer to Buy Real Estate and Acceptance agreement where the City sells the vacated right of way for $31,549.12 if K & T Real Estate constructs a new nine stall public parking lot in the area southwest of the University and North Grandview Avenue intersection that will be owned and operated by the City. The agreement allows for the removal of the public parking stalls if the area is ever needed for future intersection improvements. Perpetual public ingress—egress easement rights will be reserved over the portion of vacated right of way. City Engineer Gus Psihoyos recommends the vacating and sale of the vacated right of way for the appraised value of$31,549.12 to Tom Tiefenthaler of K& T Real Estate, LLC. I concur with the recommendation and respectfully request Mayor and City Council approval. Miclfael C. Van Milligen ' MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager 2 THE CITY OF Dubuque Dub E Masterpiece on the Mississippi2W.=,.,o„ TO: Michael C. Van Milligan, City Manag FROM: Gus Psihoyos, City Engineer SUBJECT: Vacating Petition/North Grandview Avenue Right of Way (Tom Tiefenthalerfor K&T Real Estate, LLC) DATE: May 23, 2016 INTRODUCTION This is in response to a request from Tom Tiefenthaler of K&T Real Estate, LLC for the vacating of a portion of the North Grandview Avenue Right of Way in the southwest corner of North Grandview Avenue and University Avenue in Lots 1 and 2 of the Subdivision of Lot 12 of Mineral Lot 172 which abuts the K & T Real Estate, LLC 1660 University Avenue. DISCUSSION The attached plat shows the right of way area proposed to be vacated. The abutting property on west side of the right of way is currently owned by K & T Real Estate, LLC. The right of way area to be vacated is described as Lot 1 of Tiefenthaler 2ntl Place in the City of Dubuque, Iowa. Perpetual public ingress — egress easement rights will be reserved over the portion of vacated right of way. K& T Real Estate, LLC plans to construct a new laundromat on the property to the west of the right of way. The vacating of this alley will facilitate the development of this site by providing an access to the business off of an alley to the south of the site. K & T Real Estate, LLC and the City of Dubuque plan to execute an Offer to Buy Real Estate and Acceptance agreement where the City sells the vacated right of way if K & T Real Estate, LLC constructs a new nine stall public parking lot in area southwest of the University and N. Grandview Ave. intersection that will be owned and operated by the City. The appraisal price of the proposed right of way is $6.08 per square foot over the approximately 5,189 square feet to be vacated for a total value of$31,549.12. The City agrees to the following operation of the parking lot: a) Seller agrees to operate and maintain the Parking Lot for a minimum of ten years commencing on the date of acceptance of the Improvements by the City Council. After such ten-year period, Seller in its sole discretion many close and remove the Parking Lot from Area 2 without any cost or liability to Buyer. b) Seller intends to rent the 9 parking stalls in the Parking Lot at market rent from 6 am to 6 pm on weekdays. Seller intends to operate the 9 parking stalls as a public parking lot, posted as 2-hour maximum parking at all times otherthan rental hours. c) Upon completion of construction and prior to the initial renting any of the parking stalls, Seller shall provide written notice to Buyer, and Buyer shall have the option, upon written notice to Seller of the exercise of the option within thirty days after the date of Seller's notice, to rent up to 3 stalls from Seller. If Buyer fails to exercise the option or declines the option to rent any spaces, Seller may later rent available spaces at Buyer's discretion. The agreement allows for the removal of the public parking stalls if the area is ever needed for future intersection improvements. RECOMMENDATION I am recommending the vacating and disposal of Lot 1 of Tiefenthaler 2nd Place, in the City of Dubuque, Iowa. ACTION TO BE TAKEN The recommendation of the City Manager should be approved and that the vacating, and disposal of Lot 1 in Tiefenthaler 2nd Place, in the City of Dubuque, Iowa be approved through adoption of the enclosed resolutions. Prepared by Nate Kieffer, PLS 2 B JE LOCATIONMAP DAGIS Masf¢ryiere"n Me Mississippi FIRE HSE. [� y n rn sqy ERSITY ') UNIV i ALLISON HENDERSON T PARK _ Z 1730 "0. � HARTIG � 1770 DRUG 1690 1640 1660 _ K&T REAL 1600 EST. AREA PROPOSED TO l BE VACATED TO K&T 4_ REAL ESTATE, LLC �'>l APPROX. 15�gp ;?\ 5,189 SO. FT. 1739 `1 do, 1705. Dine€oa niy Assessor. C_i of pIIbuque Ansa s�sor� N MaP Prepared by: p',',r°a'^�,tl e�emp City of Dubuque 1 inch = 60 feet W�E Fn9Wes] Ds�e" So west,131 so-eei Dubuque,I 5200, 60 30 0 60 Feet Phone:(563)589-4270 �+n.n.ma.a �a':muo orx.n—1 S Fax (563)5894205 r E i OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: The City of Dubuque, Iowa, Seller: E SECTION 1. REAL ESTATE DESCRIPTION. Seller is the owner of the real estate i legally described as Lots 1 and 2 of the Subdivision of Lot 12 of Mineral Lot 172 in the City of Dubuque, Iowa, according to the recorded plat thereof. K & T Real Estate, LLC (Buyer) offers to buy real estate in Dubuque County, Iowa, which 6 is located in Lots 1 and 2 of the Subdivision of Lot 12 of Mineral Lot 172 which is public right of way, as follows: I� A portion of Excess Right of Way at North Grandview Avenue and y University Avenue, being approximately 5,189 square feet in size and shown as Area 1 on Exhibit A attached hereto and by this reference made a part hereof with any easements and appurtenant servient estates, but subject to the following: a. any zoning and other ordinances; b. any covenants of record; c. any easements of record for I r11 Ihlir• I ifilitinc rnnrle nnrl hlnhLA/'MVC r4ncirrn-n+cr1 ®rc-n 1• nrnvirdord RI Dior nn nnccocoinr. in H [JUL.rIIV UL11ILK,w 1 IVUL.IV "11u 111\J.11VV"yV \AVVIy11u LYLa / %IL U 1, NIVV"UV "U.YL 1) V11 NVV7L+JJIV11, IJ permitted to make the following use of Area 1: access and parking lot. SECTION 2. PRICE. The price for Area 1 as shown on Exhibit A is $31,549.12 ($6.08 j per square foot for approximately 5,189 square feet) payable in cash at closing. The final purchase price will be determined by survey. H SECTION 3. REAL ESTATE TAXES. Seller must pay any unpaid real estate taxes payable in prior years. Buyer must pay all subsequent real estate taxes. Real estate taxes on Area 1 for the current fiscal year will be prorated to the date of possession. SECTION 4. POSSESSION. If Buyer timely performs all obligations, possession of Area 1 will be delivered to Buyer on Tu NC 30,7-01f.., or such other date as the parties agree in writing, with any adjustments of rent, insurance, and interest to be made as of the date of transfer of possession. SECTION 5. RISK OF LOSS AND INSURANCE. All risk of loss shall remain with Seller until possession of the Real Estate shall be delivered to Buyer. SECTION 6. DEED. Upon payment of the purchase price, Seller will convey Area 1 to Buyer by Warranty Deed, free and clear of all liens, restrictions, and encumbrances I except as provided in this Agreement. SECTION 7. TIME IS OF THE ESSENCE. Time is of the essence in this Contract. 042516bal i SECTION 8. REMEDIES OF THE PARTIES. If either party fails to timely perform this Contract, Buyer and Seller are entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. SECTION 9. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This Contract applies to and is binding upon the successors in interest of the parties. SECTION 10. TIME FOR ACCEPTANCE. If this offer is not accepted by Buyer on or before TviYe- _, 2016 it is will be void and all payments must be repaid to the Seller. SECTION 11. OTHER PROVISIONS. I,y 11.1. Vacating Responsibilities. Seller will take the necessary actions required by law to l vacate Lots 1 and 2 of the Subdivision of Lot 12 of Mineral Lot 172. Buyer must comply with all vacating requirements described in Exhibit B attached hereto and by this reference made a part hereof. Buyer must reimburse Seller upon receipt of a statement from Seller for all actual costs incurred by Seller, including publication and recording fees, incurred to vacate Lots 1 and 2 of the Subdivision of Lot 12 of Mineral Lot 172. ii Buyer is responsible for all costs for surveying, platting, filing, and recording fees. 11.2. Parking Lot. The attached Exhibit A shows Area 1 and Area 2. Seller will retain title to Area 2. (1) Construction of Improvements. (a) Upon receipt of necessary variances, permits and approvals described in subsection (b) below, Buyer shall, within 12 months after closing, construct a nine-stall public parking lot (the "Parking Lot") on Area q 2 with a driveway to the alley to south, including all pavement markings, signage, and associated landscaping, as conceptually shown on Exhibit A (the Improvements). (b) Buyer shall be responsible for obtaining any variances necessary to construct the Improvements. Seller shall cooperate with Buyer to obtain any needed variances, permits and approvals to construct the Improvements. If the necessary variances, permits and approvals cannot be obtained, then Buyer shall have no obligation to construct the Improvements. (c) Buyer shall design the Improvements to all applicable state and city standards. Parking Lot construction plans, including grades and elevations, must be designed to work in conjunction with future round-a- bout improvements at the intersection of North Grandview Avenue and , 2 University Avenue to the satisfaction of Seller's City Engineer in the City Engineer's sole discretion. (d) Seller will own the Improvements located on Area 2 after the Improvements are inspected and accepted by the City Council. (e) Buyer will be responsible for any and all construction inspection and materials testing as deemed necessary by Seller's City Engineer in the City Engineer's sole discretion, including but not limited to concrete cylinder testing and base material compaction testing. (f) Buyer will provide any and all bonding and insurance for the Improvements as deemed necessary by the Seller. (2) Operation of Parking Lot. l (a) Seller agrees to operate and maintain the Parking Lot for a minimum of ten years commencing on the date of acceptance of the Improvements by the City Council. After such ten year period, Seller in its sole discretion may close and remove the Parking Lot from Area 2 without any cost or liability to Buyer. _ /h1 Collor in+ol1 l0 LW rorr+ +ho <J rJnrLi1Ij +.,I1., I +1,., rcil .il ly I w1 Vl,lll�l 11 n�..s�u.� w I ci n di is a Nal nu ly sIdIIJ 11 I LI IG r- l loll Il�. LVL dl I I ILII I(Ul rent from 6 am to 6 pm on weekdays. Seller intends to operate the 9 parking stalls as a public parking lot, posted as 2-hour maximum parking at all times other than rental hours. i (c) Upon completion of construction and prior to the initial renting any of the parking stalls, Seller shall provide written notice to Buyer, and Buyer shall have the option, upon written notice to Seller of the exercise of the option within thirty days after the date of Seller's notice, to rent up to 3 stalls from Seller. If Buyer fails to exercise the option or declines the option to rent any spaces, Seller may later rent available spaces at Buyer's discretion. 11.3 Easements. Buyer shall grant Seller a non-exclusive ingress and egress easement for the public over Area 1 for access to Area 2 as long as the Parking Lot remains in existence (i.e., has not been converted into a round-a-bout). 11.4. Environmental Provisions. Seller accepts the Real Estate "as is" and further agrees to defend, indemnify and hold Seller harmless from and against any and all claims of any kind arising out of or resulting from the condition of the Real Estate caused by Buyer or occurring after the closing. 11.5. Notices. The following must be used for purposes of providing written notice pursuant to this Contract. a 3 f I f City of Dubuque ' City Manager s 50 West 13t" Street Dubuque, IA 52001 K & T Real Estate, LLC 1107 Scenic Hill Lane Dewitt, IA 52742 11.6. This Contract is subject to final approval by the City Council. 11.7. Buyer may not sell or assign this Contract unless the purchaser or assignee acknowledges the obligations of this Section 11 in writing and agrees to be bound thereby. I �I 11.8. The covenants in this Section will survive the Closing. I� 11.9. Care and Maintenance. The Real Estate shall be preserved in its present condition and delivered intact at the time possession is delivered to Buyer. I 11.10 Abstract and Title. Seller, at its expense, shall promptly obtain an abstract of title to the Real Estate continued through the date of acceptance of this offer, and deliver it — RI IVCr fpr 4]Y7min9�lnn If e117il chn�n/ morphon+ohlo +1t1.� ire Seller in n n-11011 I IIL ..VILI I Ll � � �..+.wyvs eve vow n���ubwc i. 16 u�gun .�1 IVvv I I IIiI V11Gi1 RG1U1G LIIIG 111 VGIIGI 111 con-1101 l l Illy VVlll l LI IIJ agreement, Iowa law and Title Standards of the Iowa State Bar Association. The abstract shall become the property of Buyer when the purchase price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller. P THIS OFFER IS ACCEPTED f Dated: Dated: CITY OF DUBUQUE, IOWA, SELLER K & T REAL NATE, LLC, BUYER By By Midhael C. Van Milligen Thomasl-T-ief W= ar-..l City Manager President I 4 EXHIBIT A AREA MAP i i 4 I i t p� h 5 Due ` EXHIBIT A DAGI$ iHYyr�rltr l4 to F 40 11.11 F� .,` ✓r..0 IN , \i L LLL f - q 2 fE3E 7 � i � t55o s, 1 6 � MFAt .MP1Dx4- < 159` , aw5p R "� vo COP �. Ap \ 1515 1114 adw 161Ch=60 feet W E 60 D o ®F,,t EXHIBIT B VACATING PROCEDURE i i I h 9 CITY OF DUBUQUE VACATING P OCEDtfF E The fallowing.procedure is used in the;process of vacating an area of public:right of✓ y (streets or alleys)in the City,of Dubuque, Iowa:.. 1. Submit a sketch of the proposed area to be vacated to the City Engineer's office. 2. The City Engineer's offic.e%ill check for seiner and water utilities in the area and give a preliminary indication of whether the vacating is favorable or unfavorable. 3_ If a favorable condition eyrists, submit thee request to vacate in Anting to: The Honorable Mayor and City Council at 50 West 13" Street, Dubuque,, lmova, with reasons for the proposed vacating and.a sketch of the area to be vacated. The Council will refer the proposer]vacating request to City,staff... . You must: obtain the ,,,mitten consent of the abutting property owners of the proposed area to,be vacated and anly+others:affected by the proposed vacating,. as determined by the City Engineer. ('you may lamnt to consider this prior to submitting the letter tot City Council.) i 5. The City,Wll notify the utility companies of the proposed vacating and inquire of the need for easements_ Petitioner ,xray contact utility companies. pirior to this step if they desire. The City may reserve an easement for any existing or proposed public or privatea utilitie s located within the proposed vacate area:. This easeraaent Would preclude the placement of a:building on the vacated rigght-of-ways j in n.rA-r firs shier fr,r rfYnm+e nzmnrn', nA rr mefn rrfee+.et^f-;A k Ai1nC- AkM M1,.i.➢0.J.'4Y :LRJ 9e5Jl:k' e4eB 1➢:I.u.ltl f.ix.a:k1316LLtiltlL:Y M1a.M1A'l 1'MYA LJ-LLLiN A\F.A.ztCkkF-L R.k LIlkU�'till. 6. The City may have an appraisal prepared for the property to determine the fair market value, or use an assessed value,of adjacent land based on a price .per square foot. The mirCimum ,purchase price is 300 to cover the cost of coordinating and processing the request through City Council. ('fou may obtain an independent appraisal at your expense, if you desire_) In addition, you Would be responsible for paying publication and fling fees of$100 associated with the vacating process. 7. A plat of survey must be prepared at your expense by a ticensed Land Surveyor.. This vrill show the boundaries of the proposed vacating and assign a legal description to the property. The plat should show the division sof the right-ref-way if itis to be split:between other abutting property v rners. 6. Upon receipt of the plat of survey of the area proposed to be vacated, the request Witt be taken to the City Council to be set for a public hearing and formal approval_ 9. After the public hearing approval by the City Council and:receipt of the Ipurchase price and Publication.of fling fees,the City gill execute a Quit Claimi Deed for the 'vacated property and record the deed_ 10. You can.pick up the recorded Quit Claim Deed: after it has been returned to the City Clerk's office at 50 W.. 13',Street from the County'Recorder. 10.13:00 I 10 I�IINNIUINNIIIIII�II�IIIIIIINII�IBIIIII�I�NNIIII Doc ID: 008457200007 Type: GEN Kind: RESOLUTION Recorded: 06/15 04:06:50 PM Fee MK: $37.0 /20160 Pape et 1 of 7 Dubuque County Iowa John Murphy Recorder File2016-00007430 Prepared by Nate Kieffer City of Dubuque 50 W 130 Street Dubuque IA 52001 (563)589-4270 Return to: Nate Kieffer,City of Dubuque.50 W.13th Street,Dubuque,IA 52001 (503)589-4270 RESOLUTION NO. 228.16 RESOLUTION VACATING A PORTION OF NORTH GRANDVIEW AVENUE SOUTH OF UNIVERSITY AVENUE TO BE KNOWN AS LOT 1 OF TIEFENTHALER 2ND PLACE, IN THE CITY OF DUBUQUE, IOWA Whereas, K & T Real Estate, LLC has requested the vacating of a portion of the North Grandview Avenue Right of Way south of University Avenue in the City of Dubuque, Dubuque County, Iowa; and Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the May 9, 2016 prepared by Hinkle Engineering and Surveying, describing the proposed vacated street right of way, in the City of Dubuque, Iowa; and Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this 20th day of May, 2016, the City Council of the City of Dubuque, Iowa met on the 6th day of June, 2016, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the proposed vacated portion of the North Grandview Avenue Right of Way to be known as Lot 1 of Tiefenthaler 2nd, in the City of Dubuque, Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: © 3700 Ka*? Section 1. That the real estate described as Lot 1 of Tiefenthaler 2nd Place, in the City of Dubuque, Iowa, Dubuque County, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 6th day of June,7-0 Ric W. J es, Mayor Pro-Tem Attest: Kevin S. Firns hl, CMC, City Clerk CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 228-16 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 7th day of June, 2016. Kevi . Fimstahl,-CMC, City Clerk •i :I m 6 h N PLAT OF SURVEY - TTM4THALER2ND PLACE IN THE CITY OF DUBUQUE, IOWA !Doc TD: ooBBa.f, B TYR.: ael OESCRIPnW. •R1RB: eWIVEY Pur FemrBeB:Hx�u°o vmA IToita t:to vn LOLAIFD W LOT 1 ANO IAT 2 a THE SUBDIVIAW OF LAT 12 K MMERAL LOT 172 EOR; tltt Ci DUBUDUf WE Pue co nTv iwe IN Mf Ott d• DUBUQUE. IOWA 50 NEST iJM SIPEET 4ohe2016card: 5972 -� — DU911WE. IOWA 52001 -PLJs xAE Me'JN WE (t5so') ., Scale Y- W ��- SO' 1SE m4w.. . " xeE N� HBC ( NBC 9C xB' --o,-Mi�T,; .t e�AAppI 14 15 .¢ IB 17 18 19 LOT 45 NCWHEISER'S ADDiION LEGEND: p SET 9/W REBAR W/ BLUE CAP NO. 19875 g e1F 'nB g' t�I fie. 13 SET NAG NAIL . . X SET WT % ■ FWNDLV5/B' REBM W/ y09 F� R+R1 ) I! BE CAP NQ 18875 09 NOTE: • FOUND 1/2' REBM LOT 1 WLL HAVE A PUBLIC INGRESS/EGRESS EASEMENT OVER THE ENTRE LOT. a "ND 1/2' REBM W/ YELLOW CAP NO. 10272 'HBc,49' W'W 'I O FWND Y PIPE tz 50.00• MEAWRED DISTANCE YMY M•28'00 _ _ B2oy I HEREBY ItRIIFY MAT M5 LAND ;>URKWIC DOCUMENT WAS clz (50) DEED W PLATTED DISTANCE `JJ.SSIDNA([� B R22xJ7{ PREPARED AND ME RELATED WRVEY NORK WAS PEREORIEO Nt BY NE OR UNDER YY DIRECT PERSONAL 91 MSW AND PREPARED BY: - Q / y,: SE. COR WT 19 01, TTHHET I A CA IKYNE STAM Or EENSED I� AIRVEYCR UNDER HINNLE ENGINEERING & SURVEYING 'W�OONOOIKLBM. c` LOT 45 MCiMEISER's AODDW 21M CAMANCHE AVE. CLINTM. IA 52732 PHARE (SBS) 243-4027 DATE' H"�WA1`aYtpv FAX 2 -4029 Projectct Name- nEFEN1FiA1FR 2ND PLACE ODOLAS M. MNKNQ 18875 W UCENW RENEWAL DAM IS DECEMSIM 31. 2017 Project /:15-1622 PAGES OR SHEETS COVERED yBY THIS SEAL' SHEET 1 OF 1 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike a Billing Clerk for Woodward Communications,Inc.,an Iowa corporation,publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa;hereby certify that the attached notice was published in said newspaper on the following dates:May 20,2016,and for which the charge is $56.54. - Subscribed to before me,4 Notary Public in and for Dubuque County,Iowa, this;?�gAr day of 20146_. — bl and for Dubuque County,Iowa. a q MARYr WESTERMEYER c Commlasion Number 181080 M Comm.Exp.FEB.1.2Btr pOriYFN9uFo�QAoncUEE , fWtmcI Paul e ofthas, Y" P^ Andpdrlie M the ; PAAIC NOTICE I£ Dor<IpPLf Na RIDM1L OP, Oiaty Yu miAat, a Wm of Nor@ Greed CbC?U�ncl Iveof PR CMI WAVenUe South of „ ;a t-DryyersllY Aveau6ebe. df ws°Qyy b lx 4do4 of 5 9 1 8 Mo ' o hE;6lp dgy oF7UIIe,`I k 4pdblaion di .. SYiBUP�ln ibe. i �i,�lperal tbE . .ASH°wrdt.BODtl-i k' ilm;ag.11�IIkle EilgG I nempn°pee w RAn .. log. MO: xes1. M L,IINdE p)epatl in+d�9Gay, ttpor,l Co4N{a7r ¢�a�glgwl 4 6�V ' .&I of tpo GronOxas�@ CdVeJ I s rggn ��' PIBhf 6R WaY 4t f lNoM,II(HSf 9°�� CYpntkview- Aen" wPtR of uhlverslty 11 'ttf u a asaia ydYe y-bein asf.%of �qo�yy�a��y����dngd xPE �PealB tQ LLl -M nRRI�lld+dle. 2G evF- gvxpue W bf DUb CIA,roWa 1 6SS oneA bt num o(gpinlverslbd� -:q¢ yUlA ii,is.� o'R f1 p aln.Mr Impwm dna-dead dI I of-a M Lotty1� Let 2-P1V '� u t�pW AjehMM1 i@sV4M Ry¢d:l i a thd'�44 afD16ugue.� 'h pprry�.raft, shallkA be knawd pll esaibed k THE IT7al 9 ^�p�lBt(�4E.IG'� Online du° sedil�' �i9ae Fn2 i At thi;maetln endsqy6� b§tIR?d7e, cdyClwntll WI MW YagMf a . 'dNdn:at kin a' t, mm 9^ m '"In Looff k'0lldemheiey.J iaank M +v '.Pntl'PlecdJlmthe Clb`of{ �vmer.LoaAO< ':Pubugqas,load by sale the above 1 tF'm K $T`'iiuy, WMA UC"Lpa 'ions tpms tem coK"a dhd eno Vdyta df..liad a- I 1be ld ! -9u a tMer an$UY Dept Ee he«Inq,fiay L`E �7r Agrad en Rcceaale! mitsea, fbef5fr�4 :hN�em attachetl CI m;. Ely. l H 0 sD iv `Shyarc�`ThM'We un tiefam'fala tlme rK¢ ygty.ot, of WWin M1ea g. ?PI COPies m sp orbnp dirrbugba;l. doNmaats t« p0b• '[Real E4: c hearlllgs Que OP file 1 lice¢AAdd ClM k, O 4alum 11r 0 dud ' Ad Ui@ a +rubmrt`., tbf . dcing Loom �,pnd ' dOdeRR Any ,vi5w Orvil¢ari� p lrp Real Es-.' �¢WhgapW Basis, . a d A e P tace or pebons AM �re¢me« b lYreen apedab- 'aegessMl�3 ""¢ ye11d$&F Real eetls ShduM cdRac[I ;ESMieyLLQSPlusall'ap-; Ne City Clews EBilgeDAplat- [ (sea) ,55�41M or lag ,Publlcabou,z5nd'I TLY 563'4 16]8 at Pllrlgr0 least 4 ho9 R Ddor to 'Sa-tIn9 TM1t�adu6 Inc Needdg on this in. tNe idedn9 ten[[9 Y6Wb anally MAY20166 f0tlLday OT. -.pose of IM t'.'af Xp . .MefgMhale 2dd'Plire: %EvnS uS,F FmstaM1LOty by Salem NA,T.Real CI«k- Fa�w LLC hereby at5R0' ant MrN 6th day.of, T10N In 2016 jai Ne His- MG,iS516 ;otic Feddrd Butting, RESOLUTION OF IIF li aff W 6M Sbeet,'DY--' TENT-.TO VACATE ,bade,IML Neiimnisw AND DISPOSE OF t 630 CITY INTEREST IN A >EI¢M h¢ tind 5- PoRIION OF THE here�Y th nsel and' ARIOXT Of MAY OF ��aI�IR¢1¢Qp0/U¢1�a aryp',--� VMUF SOUM CH'i 0' bf n'@xid UNIVERSITY AVENUE,AVENUE, ash ptPo$Oylaa®fe' BEIINR'PARFAF LO TB Sf MhI�NE6 DUUOh-' I AND Y OE T'NE 5U& I lrt jj1h�e nwppner,gs, DIVUJON PF LOT 12 piescababy lbw OF MINERAL IAT LT PS53+tl Al, TV BE KNOWN AS atl0pphtl tta�i }fiJ15 1 L . THE TIRemmA titMdy 30IG. � ;, LER 2ND PLLCE, M RoyD Bud1 eEWr CITU OF DUBIF 'oe L.a in .- a QtN, IDWA BY SALEF'F s1aM1 CIy CI¢ TO KiA, T REAL M. Lt5120 TATE,,LLC` . CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified City Clerk of the City of Dubuque, Iowa in the County aforesaid, and as such Clerk I have in my possession or have access to the records of the proceedings of said City. I hereby certify that the hereto-attached Certification of Publication is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa on this 8th day of June, 2016. Kevin S. imsta I, CM erk t' (SEAL] ,. oY , Douiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiuiiiiiiiiiiiiiiiiiiiiiiiiiiiii bac ID: 008457210007 Type: GEN Kind: RESOLUTION Recorded: 06/05/2016 at 06:07:15 PN Fee Amt: $3] Ant .00 Pape 1 of ] Dubuque County Iowa John Murphy A corder F1102016-00007431 Prepared by:Nate Kieffer.ON of Dubuque.50W. 3th Street, Dubuque Iowa(563)589-4270 Retumed to:Nate Kieffer,City of DubuqueW ,50 . 3th Street,Dubuque,Iowa(563)5894270 RESOLUTION NO. 229-16 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 1 OF TIEFENTHALER 2Nb PLACE, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this 20th day of May, 2016, the City Council of the City of Dubuque, Iowa met on the 6th day of June, 2016, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6d' Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 1 of Tiefenthaler 2nd Place, in the City of Dubuque, Iowa, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 1 of Tiefenthaler 2nd Place, in the City of Dubuque, Iowa, Dubuque County, Iowa, to K & T Real Estate, LLC be and the same is hereby approved for the sum of $31,549.12, subject to the conditions of an Offer To Buy Real Estate and Acceptance Agreement between the City and K & T Real Estate, LLC plus all platting, publication, and filing fees. The City Manager is hereby authorized to execute and sign said Offer to Buy Real Estate and Acceptance Agreement. Conveyance shall be by Warranty Deed. Section 2. That the Mayor be authorized and directed to execute a Warranty Deed, and the City Clerk be and is hereby authorized and directed to ©;379d deliver said deed of conveyance to K & T Real Estate, LLC upon receipt of the purchase price in full. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 6th day of Ju 016. Rift. Jo ayor Pro-Tem Attest: Kevin S.f irnstahl, CIVIC, City Clerk CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Fimstahl, 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. 229-16 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 7th day of June, 2016. Kevin Fimstahl, CMC, City Clerk (SEAL;) ' 4 - f4 LAT OF SURVEY N TIEFPEMBALER 2ND PLACE WpU7Ad l IN THE CITY OF DUBUQUE, IOWA - KDOCiA : _ so ri ypa: rEx CEy'fRIPTICW KIeN: WRV3Y PIAT LO m ON LOT 1 AND LOT 2 OF THE WBDIN5ION Cl'LOT 12 OF MINERAL LOT 172 RAs Af tl: 06/30/30]5 e] 04:4]:10 PN FN All.: e]3.W P.. ] Of 5 IN 111E ON OF OOBOWE, IOWA FOR: SO OF WBU S lot, fUTPRYDIl ROO'del 50 WEST 1IM STREET 6�++ 9 - _ WBUWE, IOWA 52001 � w1e201LA Q0QQ5972 Scala 1'. 5O' — �— NSW 50'.. E (KION Sti GIO� y0 9 pp 14 9 Y 15 .j, t6 tT IB 19 m L' $ 1 4 LOT 45.MOPoHEISER's ADDTON - � k LEGEND: .y�,� ' 10 O SET 5/8' REBM W/ ..�1? .Acc)- BLUE CAP N0. IW75 �'• 'W � ISI gi O SET MAG NAIL FWND 5/8' MAR W/ 11, BLUE CAP NO IW75 e0, Oq 1 NOTE: • FOUND 1/2' ROM - "9' +�- 1. LOT 1 WILL HAVE A WBUC WGRESS/EORE55 EASEMENT OYER TIE ENTRE LOT. 8 FWND 1/2' REBAR W/ YELLOW CW NO. 102M N6T 49' GOV '1 GI FOUND 1' PIPE I 501 MEASURED DISTANCE NAW 4 30y I HEREBY OERTFY THAT THIS LAND SI D ENT WAS umm�rrr (501) DEE) OR PLATTED NSTANCE ; rjS10NA((y4. G (y,317� By ME OR AND R M DRE T PERSON WORN WAS KIN AND -K' By ME qt NIGER MY pRECT PERBONAL SIFFFNSIdI NA �aQ• o�-. sE COR LOT 19 a THAT I AY A DULY LICENSED LAND sUR1EYOR UNMN PREPARED BY: ;W DOUGLAS M. GS LOT 46 MORHOSER'S ADOTON THE 1. ar THE STALE OF TOM, HINKLE ENMEERING & SURVEYING = H�NIILE �_ 2100 CAMANCM AVE. SW 158)5 <a CUNTON, IA 52732 PHONE (583) 243-4027 IVY FAX (583) 243-4029 .•/ p DATE 'S Pro).ct NOme: THAI-ER 2ND PLACE rreuulNll]lN 0 GTA9 M. MNKLE, LLS IOWA REG 1M. 18875 YY UCENWE R MWAL DAT:IS DECEMBER 31, 2017 Pre)eEt x:15-1522 PAGES OR SHEETS WWRW BY TMS SEAL SHEET 1 OF 1 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike.a Billing Clerk for Woodward Communications,Inc.,an Iowa corporation,publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque,County of Dubuque and State of Iowa;hereby certify that the attached notice was published in said newspaper on the following dates: May 20,2016,and for which the charge is$56.54. - U Subscribed to before me, Notary Public in and for Dubuque County,Iowa, this_day of 20,(,(x. `C/ otary Public in and for Dubuque County,Iowa y MARYR WEETEEMEYEfl '.' x Commlmion Number 764885 My Comm.Exp.FEB.1.¢877 _ Wherea"A T Real-' CHY_bFfl11 UE, m"I'LIL Msm&" IOWA faDeetetl me yacatinR OFFICIAL NOTICE tl inmhoO of ME-: PUBUG ,OnCE k Po of the Poght M. hereby?Alven Spha1,the (ylew AeVRINIue'd, of Ciry Cpblkll of tfie tib Ud P01. ip 0.Yenoepbe- ydII DltbYqu4lgrtat wpl, Ing (}'Y alsd2 bP7tl'E':publl&;he MMMiii A' q?��3Efle'H�xhy�napp lu °L$}yyW ❑! •7`_R��41el W �WbEreaa.5hk�et : n, HM ana Bu . rte ' 6Nasnrt �SW. . ipy, uo "Wea[ Mh MtHd � t� y <aaWaenyynne, �COdRS lA N' M RqA 1ryLCNy AIAhtDof Wady pf�NYM l Lou f"� mpgasa$� m GCantlWevx Avenue dl P unIItl C w y( t.M1[hVHI pied 0 ALpreniuC Delltg�e�R�a i �jnrglacely ✓II LSI MA]AF fBYAr. fd fry!Qi fly pF Dgbugyq<lywd i pdiL+sIty ue and ass Rned Ice, M. lii{ A dF p�rs xNn6m Whltls.l 5uU- TkrdloafmT sIW! be: } kBe nyw>wowlaad didesd l6eU� I�1 ; @lWHaa qe UY7EndI NOW, Au�l **[ ofi%@udu4 . gA�A,z yt'TlM. dRE.BE'J OnAnaReT sryall M PIv H 'n deswibetl I It PF JX I� In Elle Cib'oF Dub-Mbe, "t}lie WWI tW meting,gleGry Da ague IM1- OIty�ndl w IA„re: trade m acazf md: aN! I mdlm t Aly IOLgfTMIag§pi@q- ^ tlepk"I M erly' 1nkPkre,1pM.CltyOf'1 .ACNer bf rp0 3m Dub qe Iowa by see .. _ Mee c .e aEtl6 � to x &T'Reaegpm. ea}}33 ULC open 41m5 terms. g Me". Dublk- Oar mdHoiyn R�1 Es- M1 arkn0=iha lM. hb'�,gtr•mdA aePten0: flittd N ed Sje�ptJle ,Cf ; 'AAreemerarlled . Hall,so W13m Street. �ear.SSke4Rh L Tha['the-�. NbefoceMargold N DLbllcheaaaaSSSSSSrrdrrydryddddd�d'r��gqE4�o a Sor�VV�NxSp[tq[1 gMg./ 'I dotOlairegn6AJnepub {7.n' YCm of uquek I'C haNn9 V.,GG An file 1 ox• 'T FffiE€."" re In me CNY l�ye}ry-l"OF uwDbq S�S1P�e M Areved ddHimtlerine �ql working Mull.4' " • IN Of NE . A,m ual er-Ire rim rq//er a RllY�ee11 1aFs' Intel. ifs,GioFmcA Ldd.' SBDfan r tante or Deigns whh rAemeRt belWan; spetlal:....2ece55@IINY:1 rE��,,'y0� dl(x TReil' needs SMNr cbrrte0E ""` Dlus dllAp : Me CIN§lerks Offi M=(5w3599-d1oD a ftlinp Hes Ttv'48ai QAOsFb]e t � sebg.64 ahift.th. p:� leasbNo hours p o,to fly eannA PnA q. ,mpnlcle ng. tentmy3Ca{¢alrj i& ,Gg(e 6 20th d Y of pos of Lp[ 1 OF Wn S,Fl n t hl C y Tiet'j, idd7P�yp�M+ " clerk by salF &T re It we ESWm, LLC Is Mreby; / RESOLUTION a[HowIM tlay of ,NMIAS-1E AVnS SOIE hf'[IN NI;' RESOLUTION OF Iw Ode Fede.h333tmmmBeeeWlaing TENT TO W O h ft mr Dllg, AND MSPOSE OF at tNe, CITY INTEREST IN A PORTION OF THE I' Fre' �DH:ed RIGHT OF WAY OF E'Elrah m CbU$EaiN [ NORTH GRANDWEVI M PObIIZf(gajNp'Q' AVENUE SOUTH OFT UI 'n emm.Yaxm.' UNIVHIsItt AVENUE, :yid?spOYe ANEed R RMrKdRARr,OF LOTS es[ [e to bE bill I AN. OF TXE SU& ed n the nmhdN•aS' DVIBIOH OF LOT 11 pre p aby l3 OF MINERAL LOT IT; Fuse �}���� TO BE KNOWN AS aFused apP4ne 41't LOT;1,OFnFFEXTHA efM 9016. i IEA CIT PLACE, IN R y0R d M yPTul THE IOOF DUBU- IAtt¢sL KPVIaS - ABY BALE To KAW Flmst hl Ctytlerk TO K & T REAL FS- Its/20 'ATE,ac ` . CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified City Clerk of the City of Dubuque, Iowa in the County aforesaid, and as such Clerk I have in my possession or have access to the records of the proceedings of said City. I hereby certify that the hereto-attached Certification of Publication is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa on this 8th day of June, 2016. Kevin S.LFInnstahl, CM y Clerk � (SEALS ' ,'� •'. ... DocID: 008457220002 Type: GEN Kind: MARRAMY DEED Recorded: 08/15/201at 07:47 PM 04: Fee Amt; $17.00 Page6 1 of 2 Revenue Tau: $0.00 John,ubuMe County Iowa John Murphy Recorder PL182016-00007432 Prepared by. Barry A.Lindahl,300 Main Street,Suite 330,Dubuque IA 52001 583 5834113 Return to: Barry A.Lindahl,300 Main Street,Suite 330,Dubuque IA 52001 563 5834113 Tax Statement to: K&T Real Estate, LLC 1107 Scenic Hill Lane DeWitt, Iowa 52742 WARRANTY DEED For the consideration of one dollar and other valuable consideration, the City of Dubuque, Iowa, conveys to K& T Real Estate, LLC, the following described real estate in Dubuque County, Iowa: Lot 1 of Tiefenthaler 2nd Place, in the City of Dubuque, Iowa This Deed is given pursuant to the authority of Resolution No. 229-16 of the City Council of the City of Dubuque adopted the 6th day of June, 2016, the terms and conditions thereof, if any, having been fulfilled. Grantor reserves unto itself a non-exclusive ingress and egress easement for the public over Lot 1 for access to Lot 2 of Tiefenthaler 2n" Place as long as a public parking lot remains on said Lot 2. Grantor does hereby covenant with grantee, and successors in interest, that grantor holds the real estate by title in fee simple; that It has good and lawful authority,to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances except as may be above stated; and grantor covenants to warrant and defend the real estate against the lawful claims of all persons except as may be above stated. Dated this[:�rof J L,�a, 2016 at Dubuque, Iowa. CITY OF D,UUB/BUQ/�UE IOWA By: ! S Roy Pr Buol, Mayor 060816lat 5. K Attest: By: Trish . Gleason, Assistant City Clerk STATE OF IOWA ) SS COUNTY OF DUBUQUE ) On this 10 day of �Illn , 2016, before me a Notary Public in and for said County, personally appeared Roy D. Buol and Trish L. Gleason to me personally known, who being duly sworn, did say that they are the Mayor and Assistant City Clerk, respectively of the City of Dubuque, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and Assistant City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. .u(le Notary Public in and r buque County, Iowa FAV$ERS\m k1c\LxndaW\K&.T Real Esmw LLC-Tiermft1u\CWng Docs\Wa nryDwd 060816.dm pypL p PAMELA J.YCCARR M Cmnmis 100 N r Y419 l^ Mr Comm.Eap. 2 Doc ID: 008457230002 Type: GWH Klnd: GROUNOMATER HAZARD Recorded: 06/15/2016 at 04:01:59 PM Fee Ami: $0.00 Paqe 1 of 2 Dubuque County Iowa John Murohhy Aer,order (� �{ F11e201g 00000981 REAL ESTATE TRANSFER-GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name City of Dubuque, Iowa Address 50 West 13th Street Dubuque Iowa 52001 Numberand Streetor RR CiIY.Townor P.O. Sete Zip TRANSFEREE: Name K&T Real Estate, LLC Address 1107 Scenic Hill Lane DeWitt Iowa 52742 Number and Seeen or RR Ciyjownor P.O. Sete lip Address of Property Transferred: A portion of Excess Right of Way at North Grandview Avenue and University Avenue Number and sneo or RR City,Town or P.O. See 21p Legal Description of Property: (Attach if necessary) Lot 1 of Tiefenthaler 2nd Place,in the City of Dubuque, Iowa 1. Wells (check one) X There are no known wells situated on this property. _There is a well or wells situated on this property. The type(s), location(s)and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) X There is no known solid waste disposal site on this property. _There is a solid waste disposal site on this property and information related thereto is provided in Attachment#1, attached to this document. 3. Hazardous Wastes (check one) X There is no known hazardous waste on this property. _There is hazardous waste on this property and information related thereto is provided in Attachment#1, attached to this document. 4. Underground Storage Tanks(check one) X There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) _There is an underground storage tank on this property. The type(s), size(s) and any known substance(s)contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542.0960(July 18, 2012) 20lU--7((32 S. Private Burial Site(check one) g 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. ,g This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. _There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. _There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. _There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. —There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period.A copy of the binding acknowledgment is provided with this form. [Exemption #9] _This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption#9 use prior check box]: _The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: J .F AZ_U4 .Yk-eC/L..Zf vv� Telephone No.: JSG3, 593. G nT" r semi FILE WITH RECORDER DNR form 542-0960(July 18, 2012)