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Kennedy Road Right-of-Way Acquisition (Richman)
Copyright 2014 City of Dubuque Consent Items # 8. ITEM TITLE: Kennedy Road Right-of-Way Acquisition (Richman) SUMMARY: City Manager recommending approval of the acquisition of real estate owned by John and Diane Richman along the Kennedy Road right-of-way to clean up the City boundary and facilitate economic development projects in the area. RESOLUTION Approving the acquisition of real estate owned by John T. and Diane M. Richman SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Kennedy Road Right-of-Way Acquisition-Richman - City Manager Memo MVM 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: Kennedy Road Right-of-Way Property Acquisition DATE: December 12, 2016 City Attorney Crenna Brumwell recommends City Council approval of the acquisition of real estate owned by John and Diane Richman along the Kennedy Road right-of-way to clean up the City boundary and facilitate economic development projects in the area, including the anticipated development of the Rustic Point residential subdivision at the northwest corner of the intersection of Kennedy Road and Derby Grange Road. The purchase price for the property is $7,680. 1 concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager THE CPPV OF DUB UE MEMORANDUM Masterpiece on the Mississippi -� D CRENNA M . BRUMWELL , Q. CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: December 13, 2016 RE: Kennedy Road Right-of-Way Property Acquisition The City of Dubuque is acquiring right-of-way on Kennedy Road to clean up the City boundary and to facilitate an economic development projects in the area, including the anticipated development at the Rustic Point residential subdivision at the Northwest corner of the intersection of Kennedy Road and Derby Grange Road. Attached please find a resolution approving the acquisition of real estate owned by John and Diane Richman. This real estate is located on Kennedy Road. request that the resolution is reviewed and forwarded to the City Council for consideration and approval. Please let me know if you have any questions. OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563)589-4381 /FAx (563)583-1040/EMAIL cbrumwel@cityofdubuque.org RESOLUTION NO. 415-16 RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY JOHN T. AND DIANE M. RICHMAN Whereas, the City of Dubuque intends to acquire certain real estate as necessary along the Kennedy Road right-of-way to clean up the City boundary and facilitate an economic development project in the area; and Whereas, John and Diane Richman, 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 1A of Lot 2 of Lot 3 of Helen E. and Mary H. Stewart Subdivision, Section 16, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa ; 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 $7,680.00; and Whereas, the $7,680.00 cost for the City to acquire the Owners' property corresponds to the costs the City would incur if the property was acquired through the eminent domain process; and Whereas, a purchase agreement has 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. 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. Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim Deed from the owners, conveying the owners' 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 Quit Claim 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 o December, 2016. L -f Roy D. Bu f, Mayor Attest: Kevi S. Firnstahl, City Clerk OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: John T. and Diane M. Richman (Sellers) 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 (Real Estate) situated in Dubuque, Iowa, legally described as: Lot 1A of Lot 2 of Lot 3 of Helen E. and Mary H. Stewart Subdivision, Section 16, T89N, R2E of the 5th P.M. 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 $7,680.00, payable in cash at the Closing. SECTION 3. REAL ESTATE TAXES. Buyer shall pay any unpaid real estate taxes payable for fiscal year 2015-2016 and prior years. Buyer shall also pay real estate taxes for fiscal year 2016-2017 prorated through the date of closing. Buyer shall pay all subsequent real estate taxes due and payable after the date of closing. SECTION 4. SPECIAL ASSESSMENTS. Buyer 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 also shall be paid by Buyer. SECTION 5. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of Toss 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 regardless of the extent of damages. 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 Toss 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. 1 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 January 15, 2017, 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 Seller agrees to permit Buyer to inspect the Real Estate within 72 hours prior to closing to assure that the premises are in the condition required by this Agreement. 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. FIXTURES. Included with the Real Estate shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached. Also included shall be the following: N/A. The following items shall not be included: N/A SECTION 9. DEED. Upon payment of the Purchase Price, Seller shall convey the Real Estate to Buyer by Quitclaim Deed. SECTION 10. 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 11. RIGHTS OF INSPECTION, ENVIRONMENTAL TESTING AND REVIEW. NONE, property deeded herein is taken in "as is" condition with no guarantees or warranties express or implied. SECTION 12. 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 13. 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. 2 SECTION 14. REMEDIES OF THE PARTIES. 14.1 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. 14.2 If Seller fails to timely perform this Contract, Buyer has the right to have all payments made returned to it. 14.3 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 15. 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 16. 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. John & Diane Richman 12814 Kennedy Road Dubuque, IA 52002 City of Dubuque Attn: Crenna Brumwell 300 Main Street, Suite 330 Dubuque, IA 52001 SECTION 17. TIME IS OF THE ESSENCE. In the performance of each part of this Agreement, time shall be of the essence. SECTION 18. 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. CDT on December 9, 2016, this Agreement shall be null and void and all payments shall be returned immediately to the Buyer. SECTION 19. 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 20. PARAGRAPH HEADINGS AND CONSTRUCTION. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of 3 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 21. OTHER PROVISIONS. 21.1 Seller will provide Buyer with a signed Acknowledgment of Voluntary Negotiation and Purchase of Property at the time of closing. 21.2 Buyer will pay Seller's closing costs (transfer tax and deed preparation), excluding attorneys' fees. 21.3 Sellers shall sign the Acquisition Plat upon acceptance of this Offer. Dated: .� , 2016 BUYER CITY OF D; BUQUE, IOWA By: Roy UY Buol, Mayor 50 West 3th Street Dubuque, IA 52001 SELLERS Accepted: / / — A / , 2016. ,AAtt eLv John T. Ric an 12814 Kennedy Road Dubuque, IA 52002 ( ha Ju 41,1- Diane vtDiane M. Richman 12814 Kennedy Road Dubuque, IA 52002 4 Reserved for Recorder repared By: Nate Kieffer 50 West 13th St. Dubuque,IA 52001 Ph:563-589-4270 OT 2 OF SUB. OF LOT 1 OF SE 8 P BOOK 2 AOE 109 sae Re xx2-W 53.a2• NOTE: THIS SURVEY IS LOCATED IN THE THE NE 1/4 & NW 1/4 SECTION 16, T89N, R2E (DUBUQUE TOWNSHIP) OF THE 5TH P.M., DUBUQUE COUNTY. IOWA LOT 1 OF 9. OF LOT 1 OF SE OF SW. SEC. 9. T89N, ME OF 5TH PM R PLAT BOOK 29 PACE 09 ° LOT BOF COLDTHORPPLACE LOT 13 BLOCK 3 �.1 PER PLAT BOOK28 PAGE 286 B111•61.26.6 33.w. NORTH LINE OF LOT 1-2 GOLDTHORP PLACE PER PLAT BOOK 27 PAGE 185 FD.1. IRON PIPE BARBLOCK ONY WOODS PER PLAT BOON 28 PAGE 286 LOT C DF GOLDTHORP PLACE EXISTING ROAD R.O.W. LINE PER PLAT BOOK 29 PAGE 109 FD.}'REBAR W/YELLOW PLASTIC CAP 418128 LOT BLBARONYOOD PER PLAT BOK 28 01 PAGE 286 . 1 0 1 FOUND IRON ROD/PIPE AS SHOWN p SET 5/8" REBAR WITH YELLOW PLASTIC CAP #18128 R.O.W. RIGHT OF WAY (100.00') RECORDED DIMENSION LINE BREAK ADJACENT PROPERTY LINE \ aemHALANaLE_2a4 p� - - - - RIGHT OF WAY LINE (EXISTING) DT, DF BDB. DF CDT, DP SE 0 PLACED CUT "X" OF SW IN, SEC. 9. T89N. REE OF STH PM PER PLAT BOON 29 PAGE 189 F0. PR0000 MELLOW STIC CAP P18120 FD. STANDARD CONCRETE MONUMENT AT SW CORNT09N 6. R LOT 1 OF LOT 1 MINERALLOT 459P \ 80.)' REBAR W/YEII0W PER PLAT BOOK 26 Dubuque All•America City 111.10 2007 CITY OF DUBUQUE ENGINEERING DEPARTMENT CITY HALL. 50 WEST 1311, STREET DUBUQUE. IA 52001-4864 PI-IONE (963) 509-4270 ED.' IRON PIPE LOT BLOCK BARONY WOODS PER PLAT BOOK 20 PAGE 286 FD. I' REEAR MELLOW MASTIC CAP 418126 FD. IRON _-- oN 66R k' FD. 1' IRON PIPEOfc`\y` \ rBPRoNA / I- LOT D Oi GOIOTHORP PLACE LOT BLOCK BARONY WOOS PAGE 286 BOO" 28 FAX (563) 589-4205 Drawn By: RNC 1 AFOror8 87. RNK ( Dale: 8923-2016 LOT 1A OF LOT 2 OF LOT 3 OF HELEN E. & MARY H. STEWART SUBDIVISION, SEC. 16, T89N. 92E OF 5TH P.M. DWG 1.6 Br„aleACA Dram-]2u;r° Orb, TIE LegaiOchren G.I.P. Ivwnber: 1 Sheet Number. 1 of 2 I hereby certify that This land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision 0 00 15 011 001 a duly licensed Land Surveyor under the laws oI the Stale of Iowa. For the City al Dubuque 0`/-23 -Zoi& Russell N. Kieffer Iowa Lie. NO. 18128 Date My license renewal date is December 11. 2016 Pages or sheets covered by This seal: THIS PAGE ONLY SOUTH LINE SW4 SEC, T89N. RH OF 5TH P.M,1 BNTOF'te.+ry POI PAGE 70 PLASTIC CAP /$18128 \ N3 °MORO run. or Dm �0. 33.49'' 3.49/ CENTRAL ANUS IlF 19.63. S FD r REBAR WNELLOW PLASTIC CAP P19129 NORTH 0 50' 100' 200' SCALE 1" = 100' FEET NOTES: 0. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2. PROPRIETOR OF ABOVE DESCRIBED LOT: JOHN 1'. & DIANE M. RICHMAN 3. SURVEY REQUESTED BY: CITY OF DUBUQUE, 50 W. 13TH ST. DUBUQUE. IOWA 4. TOTAL AREA OF PERIMETER SURVEYED IS 2,879 SQUARE FEET 5. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. 6. DATE OF SURVEY: 07-01-2016 LOT 1A OF LOT 2 OF LOT 3 OF HELEN E. AND MARY H. STEWART SUB., SEC. 16, T89N, R2E OF THE 5TH P.M. 2,879 SQ. FT. (0.07 ACRES) POINT OF COMMENCEMENT OT 1A ) `FD. 2:1RON PIPE LOT 1.2.3 HELEN 0.0 MARY H. STEWART BUB. PER PLAT B". 28 PG.275 945' 00' 26.8 139.81' (89.811e 0 045° 00' 260 84.69 LOT EN E. MARY H,STEWART SUB. PER PG21PLAT BK. 28 .5 945. 50' 480 33.00' (33') HELEN E. H MARY H. STEWART SUB PER PLAT BK. 23 PG, 136 D.fREBAR Wf� PLASTIC CAP //9461 FO. i'REA PLASTIC CAP 8,3651 CITY OF DUBUQUE ACQUISITION PLAT :OUNTY DUBUQUE PARCEL NO. NIA JOB NO. N/A 'ROJECT RENIVEDYRD ROW SECTION 16 TWp 89N RANGE 2E :OW -FEE SEE ABOVE EXIST. ROAD SEE ABOVE PERM. EASEM'T N/A EGAL DESCRIPTION:Lu: r-1HELFIvc,oMARY H SlEWARTSUB _SEG. 16 1889a_hzt01-5tH )WNER JOHN T. & DIANE RI RICHMAN 6ANOA "'P) 064i09 W/ #1CAP S26]t 33. ROABWA= EASE. LOT BARTON LADLE ADDITION PER INST. NO. 16066.01 FD PLASTIC CAP ----- ED. ----F0 P PLASCAP TIC 012631 e°� \�c / N y0_ / \\A2 I BARTDN RENDER RE* DDOITION P'&"965 aI HELEN STEWARI SURVEYOR'S CERTIFICATE PROPERTY DESCRIPTION Lot 1A of Lot 2 of Lot 3 of Helen E. and Mary H. Stewart Subdivision, Section 16, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa A part of Lot 1 of Lot 2 of Lot 3 of Helen E. and Mary H. Stewart Subdivision, Section 16, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa, more particularly described as follows: Commencing as a point of reference at the Southeast corner of Lot 1 of Block 1 of Barony Woods in Dubuque County, Iowa; Thence South 36 Degrees 58 Minutes 03 Seconds West along the South line of said Lot 1 a distance of 110.56 feet to a point on the Easterly right of way line of John F. Kennedy Road (aka Kennedy Road) and the point of beginning; Thence South 45 Degrees 00 Minutes 26 Seconds East along said Easterly right of way line a distance of 89.81 feet to a point on the Easterly line of Lot 1 of Lot 2 of Lot 3 of Helen E. and Mary H. Stewart Subdivision; Thence South 45 Degrees 50 Minutes 48 Seconds West along said Easterly line a distance of 33.00 feet to the Southeast corner of said Lot 1 of Lot 2 of Lot 3; Thence North 45 Degrees 00 Minutes 26 Seconds West along the Southerly of said Lot 1 of Lot 2 of Lot 3 a distance of 84.67 feet to the Southwest corner of said Lot 1 of Lot 2 of Lot 3; Thence North 36 Degrees 58 Minutes 03 Seconds East along the Westerly line of said Lot 1 of Lot 2 of Lot 3 a distance of 33.33 feet to the point of beginning, containing 2,879 square feet, more or less, and is subject to easements, reservations, restrictions and rights of way of record and not of record. The above described parcel shall hereinafter be known as Lot 1A of Lot 2 of Lot 3 of Helen E. and Mary H. Stewart Subdivision, Section 16, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa. The above described lots were surveyed and platted for right-of-way purposes, the plat of which is attached hereto and made a part of this certificate. All monuments were placed or shall be placed within one year from the date this plat is recorded. I hereby certify that this land surveying document was prepared and the related survey work was performed by me, or under my direct personal supervision, and that I am a duly licensed Professional Land Surveyor under the laws of the State of Iowa. Date 9'" Z3 -70/6 Russell N. Kieffer, P.L.S. No. 18128 My license renewal date is Dec. 31, 2016 Pages on sheets covered by this seal: this sheet only 2 OWNER'S CONSENT Dubuque, Iowa , 2016 The foregoing acquisition plat of Lot 1A of Lot 2 of Lot 3 of Helen E. and Mary H. Stewart Subdivision, Section 16, Township 89 North, Range 2 East of the 5t" Principal Meridian, in the County of Dubuque, Iowa, is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate. I hereby dedicate said Lot 1A to the public for street and utility purposes. By: Diane M. Richman By: John T. Richman UNIVERSAL NOTARY CERTIFICATE STATE OF COUNTY OF ) On this day of , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared to me personally known, OR _ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) acted, executed the instrument. (Notary Seal) (Sign in blue ink) (Print/type name) Notary Public in and for State of Iowa CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER(S) (Title) (CORP SEAL) AFFIXED NO SEAL PROCURED PARTNER(S) LIMITED _GENERAL ATTORNEY-lN-FACT TRUSTEE(S) _GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING 3 PLANNING SERVICES Dubuque, Iowa , 2016 The foregoing acquisition plat of Lot 1A of Lot 2 of Lot 3 of Helen E. and Mary H. Stewart Subdivision, Section 16, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa, or within the two-mile jurisdiction of the City of Dubuque, Iowa, as defined under Section 354 of the Code of Iowa, has been reviewed by the City Planner, (or designee) of the City of Dubuque in accordance with Chapter 42 of the City of Dubuque Code of Ordinances, and said approval has been endorsed herein on the date first written above. Laura Carstens, City Planner Planning Services Division City of Dubuque, Iowa COUNTY AUDITOR Dubuque, Iowa , 2016 The foregoing acquisition plat of Lot 1A of Lot 2 of Lot 3 of Helen E. and Mary H. Stewart Subdivision, Section 16, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa was entered of record in the office of the Dubuque County Auditor this of 2016. We approve the subdivision name or title shown hereon to be recorded. Denise M. Dolan Dubuque County Auditor CITY ASSESSOR Dubuque, Iowa , 2016 The foregoing acquisition plat of Lot 1A of Lot 2 of Lot 3 of Helen E. and Mary H. Stewart Subdivision, Section 16, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa was entered of record in the office of the Dubuque County Assessor this of , 2016. RECORDER'S CERTIFICATE Richard A. Engelken Dubuque City Assessor Dubuque, Iowa , 2016 The foregoing acquisition plat of Lot 1A of Lot 2 of Lot 3 of Helen E. and Mary H. Stewart Subdivision, Section 16, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa has been reviewed by the Dubuque County Recorder. John Murphy Recorder of Dubuque County 4 11 II 11 11 10101 110 11 11 Doc ID 008592290004 Type: GEN Kind: DEED WITH RESOLUTION Recorded: 02/10/2017 at 10:46:24 AM Fee Amt: $39.00 Page 1 of 4 Revenue Tax: $12.00 /Dubuque County Iowa John Murphy Recorder Fue2017-00001744 ,TA, QUIT CLAIM DEED Return to: City of Dubuque, 50 West 13th Street, Dubuque, IA 52001 Preparer: Crena Brumwell, 300 Main Street, Suite 330, Dubuque, IA 52001, (563) 589-4381 Taxpayer: City of Dubuque, 50 West 13th Street, Dubuque, IA 52001 For the consideration of Seven Thousand Six Hundred Eighty Dollar(s) and other valuable consideration, John T. and Diane M. Richman do hereby Quit Claim to City of Dubuque, Iowa all our right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa: Lot 1A of Lot 2 of Lot 3 of Helen E. and Mary H. Stewart Subdivision, Section 16, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated: I - I -I 9 - (Grantor) (Grantor) ..��l��. Diane M. Richman (Grantor) (Grantor) (Grantor) STATE OF IOWA , COUNTY OF DUBUQUE This record was acknowledged before me on $,V1, V -k,.. ) / 10/ 3; by John and Diane Richman Ll - mf•3i`b'��iry rt3p..,�rF^x�5•!N:".:�;,a&:G�.R'.42:i',!ST'",x„. F"vite. e.. a:A'fi9aJ s� k�' i e i ou P• .f 4'p'"p'�' © The Iowa State Bar Association 2016 IowaDocs® ignature of Notary Public Form No. 106, Quit Claim Deed Revised May 2016 506 /61 -rice RESOLUTION NO. 415-16 RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY JOHN T. AND DIANE M. RICHMAN Whereas, the City of Dubuque intends to acquire certain real estate as necessary along the Kennedy Road right-of-way to clean up the City boundary and facilitate an economic development project in the area; and Whereas, John and Diane Richman, 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 1A of Lot 2 of Lot 3 of Helen E. and Mary H. Stewart Subdivision, Section 16, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa ; 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 $7,680.00; and Whereas, the $7,680.00 cost for the City to acquire the Owners' property corresponds to the costs the City would incur if the property was acquired through the eminent domain process; and Whereas, a purchase agreement has 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. 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. Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim Deed from the owners, conveying the owners' 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 Quit Claim 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 oDecember, 2016. /7-1_0,•(/ - Roy D. Buc l', Mayor Attest: Kevi S.Firnstah`I, 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. 415-16 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 December, 2016. KeviriS. irnstahl, CM City Clerk 11 I 1111111111 IIijIIII 11 II II II Doc ID: 008592300002 Type GWH Kind: GROUNDWATER HAZARD Recorded: 02/10/2017 at 10:46:38 AM Fee Amt: $0.00 Page 1 of 2 Dubuque County Iowa John Murphy Recorder Fi1e2017_00000179 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name John T. and Diane M. Richman Address 12814 Kennedy Road, 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: Right -of -Way for 12814 Kennedy Road, Dubuque, IA 52002 Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) Lot IA of Lot 2 of Lot 3 of Helen E. and Mary H. Stewart Subdivision, Section 16, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa 1. Wel)s (check one) 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. Soli Waste Disposal (check one) 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. Haz,ardous Wastes (check one) 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. Uncjerground Storage Tanks (check one) 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) 017- /NY 5. Priv to Burial Site (check one) There are no known private burial sites on this property. _ There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) II 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 #91 _ 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: risferor or Agent) . o: FILE WITH RECORDER Telephone No.: (563) 556-4210 DNR form 542-0960 (July 18, 2012)