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Donation of Property by John Hohnecker_Fire Station No. 2THE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Hohnecker Land Donation DATE: November 10, 2008 City Attorney Gus Psihoyos recommends City Council acceptance of the property donation from Hohnecker Incorporated of land behind Fire Station No. 2 on John F. Kennedy Road. This property will be sued for further expansion of the parking lot for Fire Station No. 2. City staff is very appreciative of the cooperation and generosity exhibited by John Hohnecker through these discussions. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Mr. Jonh Hohnecker Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Dan Brown, Fire Chief THE CITY OF Dubuque - - DUB r"i AI•AmericaCiry jJ r ~ Masterpiece on the Mississippi ~~ 2007 TO: Michael C. Van Milligen, City M`a~n,~age ;J - --~ INTRODUCTION FROM: Gus Psihoyos, City Engineer DATE: November 5, 2008 SUBJECT: Hohnecker Land Donation The purpose of this memorandum is to provide you and the City Council a recommendation on the donation of land behind Fire Station No. 2 on John F. Kennedy Road from Hohnecker, Inc. to the City of Dubuque. DISCUSSION Fire Chief Dan Brown has had previous conversations with Mr. John Hohnecker of Hohnecker Gifts concerning the donation of a 50- by 165-foot piece of property for use by Fire Station No. 2 for future expansion of the parking lot. This donation would add 50 feet in depth along the entire width of the existing lot for the fire station on John F. Kennedy Road. The northerly portion of the donated parcel has an existing parking area for 5 vehicles and storm sewer that serves Hohnecker's lot. Chief Brown and Mr. Hohnecker agreed to let Hohnecker, Inc. use the existing parking area until such time as the City wishes to expand the facilities at the fire station. A Revocable License has been signed by Mr. Hohnecker that addresses the issues agreed upon. In order to not create a nonconforming lot that did not have frontage on a public street, the lot created from the Hohnecker parcel was replatted and combined with the fire station lot. Thus, the resolution to approve the plat of Lot 1 of Hohnecker Place No. 2. RECOMMENDATION would recommend the gift of Lot 2 of Hohnecker Place be accepted. ACTION TO BE TAKEN The City Council is requested to accept the property donation of Hohnecker Incorporated and that the attached resolution approving the plat and accepting the deed be approved. Prepared by Ron Turner, PLS cc: Dan Brown, Fire Chief F:IUSERS\Ischluet\Turner, Ron\2008 11-03 City Council Memo on Hohnecker Land Donation.doc Prepared by Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 Return to Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 RESOLUTION NO. 398-08 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM HOHNECKER INCORPORATED WHEREAS, Hohnecker Incorporated has made a gift of the following described real property in Dubuque County, Iowa to the City of Dubuque, Iowa: Lot 2 of Hohnecker Place in the City of Dubuque, Iowa AND WHEREAS, the City Council finds that the gift should be accepted by the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City of Dubuque hereby accepts the Warranty Deed from Hohnecker Incorporated attached hereto. Section 2. The City Clerk is hereby authorized and directed to record this Resolution and the Warranty Deed with the Dubuque County Recorder. Passed, approved and adopted this 17th day of November, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared bv' Ronald J Turner PLS City of Dubuque 50 West 13th Street Dubuque IA 52001 (563) 589-4270 Return to: Ronald J. Turner, PLS, City of Dubuque, 50 West 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 399-08 RESOLUTION APPROVING PLAT OF LOT 1 OF HOHNECKER PLACE NO. 2 Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 10th day of October, 2008, prepared by IIW Engineers & Surveyors, PC describing Lot 1 of Hohnecker Place No. 2 in the City of Dubuque, Dubuque County, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated the 10th day of October, 2008, prepared by IIW Engineers & Surveyors, PC relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 17th day of November, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk THE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 Hohnecker Donation Orficla0l Form No. 335 R ASSOCIATION Barry A. Lindahl ISBA #000006899 FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER gTAT~ ~ o ~ Warranty Deed ' (CorporateBusiness Entity Grantor) ~ssoclA~~o For the consideration of one Dollar(s) and other valuable consideration, Hohnecker Incorporated a(n) Iowa Corporation organized and existing under the laws of the state of Iowa does hereby Convey to City of Dubuque Iowa the following described real estate in Dubuque County, Iowa: Lot 2 of Hohnecker Place in the City of Dubuque, Iowa This Deed is exempt from transfer tax pursuant to Iowa Code section 428A.2(6). The grantor hereby covenants with grantees, and successors in interest, that it 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 it covenants to Warrant and Defend the real estate against the lawful claims of all persons, except as may be above stated. Words and phrases herein, including acknowledgment hereof, shall be construed as in the sin- tuber, according to the context. gular or plural nu / 1 Dated: ~~l~Q~°r' ~~ ~~~ Hohnecker Incorporated a(n) Iowa Corporation By 4.. ~.. • ~~ By STATE OF IOWA ,COUNTY OF DUBUQUE /II~7 This instrument w s ackn9~ledged before me on this .>~ sTol`"t'i~~~ ~p8 , by ~ ~v~ile~c.~c~- as s-~s j ~.•z of Hohnecker Inco orated ~r" te, RONALD J. TURNER won-i~ - Ts-~s~~' ,Notary Public Comm1551on Wumber 1886$4 r Yy Gorn~~ I..slon Ezplrest 2' l Dy ,,,,; ®The Iowa State Bar Association 2005 335 WARRANTY DEED (CORF~ORATFJBUSINESS ENTITY DEED) IOWADOCS® Revised June 2005 PLAT OF SURVEY LOT 1 AND LOT 2 OF HOHNECKER PLACE IN THE CITY OF DUBUQUE, IOWA PLAT OF SURVEY LOT 1 OF HOHNECKER PLACE NO. 2 IN THE CITY OF DUBUQUE, IOWA Form 8f.V~ (Rev. December 2006) Department of the Treasury IM«nal Revenue s«vice ~Nonoash Charitable Contributions ~ AttaFh to your tax return if you claimed a total deduction ot,.over $500 for all corrtributed property. p See separate instructions. Name(s) shown on your income tax return Attachment Sequence No. 155 Identifying nwnber ffohhecKp~' .1tnc_ I Ito-llacx~~v.~ Note. Figure the amount of your contribution deduction before com letin this form. See your tax retum Instructions Section A. Donated Property of $5,000 or Less and Certain Publicly Traded Securities--List in this section only items (or groups of slfi~nilar items) for which you claimed a deduction of $5,000 or less. Also, list certain publicly traded securities even if the deduction is more than $5,000 (see instructions). _ Information on Donated Property-If you need more space attach a statement. 1 • ,~ A B G D E Note. If the amount (c} Date of the contribution A B C D (b} Description of donated property (a} Name and address of the (For a donated veh,(Ge, enter the year, make, model, condition, and mileage, donee organization and attach Form 7098-C If required.) claimed as a deduction for an item is $500 or less, you do not have to {d} Date acquired {e) How acquired (fl Donor's cost (g} Fair market value by donor (mo., yr.} by donor or adjusted basis (see instructions) OMB No. 7545-0808 columns (d), (e), and (h} Method used to determine the fair market value Partial Interests and Restricted Use Property-Complete lines 2a through 2e if you gave less than an entire interest in a property listed in Part I. Complete lines 3a through 3c if conditions were placed on a contribution listed in Part l; also attach the required statement (see instructions). 2a Enter the letter from Part I that identifies the property for which you gave less than an entire interest - - If Part II applies to more than one property, attach a separate statement. b Total amount claimed as a deduction for the property listed in Part I: (1) For this tax year - (2) For any prior tax years - c Name and address of each organization to which any such contribution was made in a prior year (complete only if different from the donee organization above): Name of charitable organization (donee) Address (number, street, and room or suite no.) City or town, state, and Z1P code d For tangible property, enter the place where the property is located or kept - e Name of any person, other than the donee organization, having actual possession of the property - 3a Is there a restriction, either temporary or permanent, on the donee's right to use or dispose of the donated Yes No property? b Did you give to anyone (other than the donee organization or another organization participating with the donee organization in cooperative fundraising) the right to the income from the donated property or to the possession of the property, including the right to vote donated securities, to acquire the property by purchase or otherwise, or to designate the person having such income, possession, or right to acquire? . c Is there a restriction limitin the donated property for a particular use? For Paperwork Reduction Act Notice, see separate instructions. Gat No. 62299) Form 8283 (Rev. 72-loos) Form 8283 {Rev. 72-2006) Name(s) shown on your income tax return Identifying number 2 f~h~, " Kerr .-1-hr• I ~e~-~ak~l~w•~ Section B. Donated Property Over $5,000 (Except Certain Publicly Traded Secunttes)-List In this section only Items (or groups of stmllar items) for which you'~laimed a deduction of more than $5,000 per item or group (except contributions of certain publicly traded securities reported in Section A). An appraisal is generally required for property listed in Section B (see instructions). Information on Dona#ed Property To be completed by the taxpayer and/or the appraiser. 4 Check the box that describes the type of property donated: ^ Art" (contribution of $20,000 or more) ^ Qualified Conservation Contribution ^ Equipment ^ Art' (contribution of less than $20,000) ~ Other Real Estate ^ Securities ^ Collectibles"` ~ ^ Intellectual Property ^ Other `Art Includes paintings, sculptures, watercolors, prints, drawings, ceramics, antiques, decorative arts, textiles, carpets, silver, rare manuscripts, historical memorabilia, and other similar objects. ~ "Collectibles include coins, stamps, books, gems, jewelry, sports memorabilia, dolls, etc., but not art as defined above. Note. In certain cases, you must attach a quell#ied appraisal of the property. See instructions. tj (a) Description of donated property (if you need more space, attach a separate statement) (b) H tangible property was donated, give a brief summary of the overall physical condition of the property at the time of the gift (c) Appraised fair market value a B i`lx b t aoo -- c D See i nstructions (d} Date acquired by donor (mo., yr.) (e) How acquired by donor (t) Donor's cost or adjusted basis For bar ain sales, enter (g) g amount received (h) Amount claimed as a deduction (i) Average trading price of securities p B f D bOU C ~- Taxpayer (Donor) Statement List each item included in Hart I apove mat me aNNralsai ~~~~.u.~~~ a~ ~,u. ~~,y a value of $500 or less. See instructions. I declare that the following item(s) included in Part I above has to the best of my knowledge and belief an appraised value of not more than $500 (per item). Enter identifying letter from Part I and describe the specific item. See instructions. - of taxpayer (donor) - Date - / C~ I declare that I am not the donor, the donee, a party to the transaction in which the donor acquired the property, employed by, or related to any of the foregoing persons, or married to any person who is related to any of the foregoing persons. And, if regularly used by the donor, donee, or party to the transaction, I performed the majority of my appraisals during my tax year for other persons. Also, 1 declare that I hold myself out to the public as an appraiser or perform appraisals on a regular basis; and that because of my qualifications as described in the appraisal, I am qualfied to make appraisals of the type of property being valued.) certify that the appraisal fees were not based on a percentage of the appraised property value. Furthermore, I understand that a false or fraudulent overstatement of the property value as described in the qualified appraisal or this Form 8283 may subject me to the penalty under section 6701(a) (aiding and abetting the understatement of tax {lability). In addition, I understand that a substantial or gross valuation misstatement resulting from the appraisal of the value of the property that I know, or reasonably should know, would be used in connection with a retum or claim for refund, may subject me to the penalty under section 6695A. I affirm that ~ eve not been barred from presenting evidence or testimony by the Office of Professional `R)esponsibility. Sign ~ ~ ~ Date - " -2. U " Here Signature - • ~ ; /~ ~ ~ r ~>~ Title - .~ business address (including ¢oom or uite no.) `; Identifying number City or town, state, and ZIP ct3de ~vw aoo .- X66 4 e a ArlrnnwlPfifArM1P_n1 TA be completed by the charitable organization.. This charttable organization acknowledges that it is a qual'rfed organization under section 170(c) and that it received the donated property as described in Section B, Part I, above on the following date - Furthermore, this organization affirms that in the event it sells, exchanges, or otherwise disposes of the property described in Section B, Part I (or any portion thereof) within 3 years after the date of receipt, ft will file Form 8282, Donee Information Retum, with the IRS and give the donor a copy of that fnrm This acknowledgment does not represent agreement with the claimed fair market value. Does the organization intend to use the Name of charitable organization (donee) Employer identification number Address (number, street, and room or suite no.) Authorized signature ® Prinmd on Recycled Paper i far an unrelated use? - ^ Yes ^ No Cfty or town, state, and ZIP cotle Data Form $2r~` (Rev. 12-2006)