Purchase of Property from River City Development Group LLCCity of Dubuque
City Council Meeting
Consent Items # 12.
Copyrighted
January 3, 2022
ITEM TITLE: Purchase of Property from River City Development Group LLC
SUMMARY: Senior Counsel recommending adoption of a resolution accepting the
Warranty Deed from River City Development Group LLC as part of the
purchase agreement for 156.25 acres of property near the Southwest
Arterial.
RESOLUTION Accepting the Deed to Real Estate owned by River City
Development Group LLC in Dubuque County, Iowa
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
Memo Staff Memo
Resolution Accepting Deed Resolutions
Deed Supporting Documentation
THE C
DUj!BaFE
Masterpiece on the Mississippi
BARRY A. LINDAHL, ESQ.
SENIOR COUNSEL
MEMO
To: Mayor Brad Cavanagh
and Members of City Council
DATE: January 3, 2022
RE: Purchase of Property from River City Development Group LLC
Dubuque
All•Merica Cif
M1.tiift'�Al.i A'A'.If-,v. AA-
2007-2012.2013
2017*2019
On September 13, 2021 the City of Dubuque and River City Development Group LLC
entered into a purchase agreement for 156.25 acres of property near the Southwest
Arterial.
The purchase of the property was finalized December 21, 2021.
I recommend the attached Resolution Accepting the Warranty Deed be approved.
BAL:JLM
Attachments
cc:
Michael C. Van Milligen, City Manager
Crenna Brumwell, City Attorney
Jill Connors, Economic Development Director
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL balesq@cityofdubuque.org
Prepared by Barry A. Lindal Esq. 300 Main St., Ste 330 Dubuque IA 52001-6944 (563) 583-4113
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 131h St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 3-22
ACCEPTING THE DEED TO REAL ESTATE OWNED BY RIVER CITY DEVELOPMENT
GROUP LLC IN DUBUQUE COUNTY, IOWA
Whereas, RIVER CITY DEVELOPMENT GROUP LLC is the owner of the following
real property (the Real Estate):
ABSTRACT OF TITLE TO:
TRACT I.
The Southwest''G of the Northeast %4 in Section 14, Township 88 North, Range 2 East of
the 5i1 P.M., in Dubuque County, Iowa, according to United States Government Survey.
Lot I of the Northwest of the Northeast'/4,
Lot I of Lot 1 of the Northeast %4 of the Northeast'/., and
Lot 2 of the Southeast'/4 of the Northeast'/4,
EXCEPT portion deeded to the City of Dubuque, Iowa by Warranty Deed and Acquisition Plat, Instrument #2010-3964 and
described as:
Lot A of
Lot 1 of the Northwest %4 of the Northeast Y4, and of
Lot I of Lot I of the Northeast Y4 of the Northeast''/4, and of
Lot 2 of the Southeast'/4 of the Northeast'/4,
in Section 14, Township 88 North, Range 2 East of the 5'^ P.M., in Dubuque County, Iowa, according to the recorded Plats
thereof,
and
EXCEPT portion deeded to the City of Dubuque, Iowa by Warranty Deed and Acquisition Plat, Instrument #2011-14504 and
described as:
Lot B of
Lot 1 of Lot I of the Northeast ''A of the Northeast''/4, and of
Lot 2 of the Southeast '14 of the Northeast''/4,
in Section 14, Township 88 North, Range 2 East of the 51' P.M., in Dubuque County, Iowa, according to the recorded Plats
thereof.
TRACT 11.
Lot 2 of WERTZBERGER ACRES NO. 3, in Table Mound Township, Dubuque County, Iowa,
according to the recorded Plat thereof.
Whereas, the City of Dubuque entered into an Offer to Buy Real Estate and
Acceptance to purchase the Real Estate from River City Development Group LLC, subject
to the approval by the City Council of an Offer to Buy Real Estate and Acceptance
between City and River City Development Group LLC, a copy of which is attached hereto;
and
Whereas, the City Council approved the Offer to Buy Real Estate and Acceptance;
and
Whereas, all the terms and conditions of the Offer to Buy Real Estate and
Acceptance have been completed and River City Development Group LLC has delivered
a Warranty Deed to the City for the Real Estate, a copy of which is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby accepts the Warranty Deed to the Real Estate
from River City Development Group LLC.
Passed, approved and adopted this 3rd day of January, 2022.
Attest:
Adrienne N. Breitfelder, City Clerk
Return To: City of Dubuque, 300 Main Street, Suite 330, Dubuque, IA 52001
Taxpayer: City of Dubuque, 300 Main Street, Suite 330, Dubuque, IA 52001
Preparer: Brian J. Kane, 2100 Asbury Rd., Ste. 2, Dubuque, IA 52001, Phone: (563) 582-7980
,. WARRANTY DEED
(CORPORATE/BUSINESS ENTITY GRANTOR)
For the consideration of Ten Dollars and other valuable consideration River City
Development Group, LLC, a limited liability company organized and existing under the laws of
Iowa, does hereby Convey to the City of Dubuque, Iowa, a municipal corporation, the following
described real estate in Dubuque County, Iowa:
See attached legal description.
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
singular or plural number, according to the context.
Dated: December _�, 2021.
River City Development Group, LLC,
an Iowa i ited liability com any
By
David J. Webber, Member
By
offman, Member
STATE OF IOWA, COUNTY OF DUBUQUE
This record was acknowledged before me on December /�� , 2021, by David J.
Webber as Member of River City Development Group, LLC, an Iowa limited liability company.
PVAIJ PATRICIA J. TRUMM
° a Commission Number 177783
My Com issio Expires Signature of Notary Public
IOWA
STATE OF IOWA, COUNTY OF DUBUQUE
This record was acknowledged before me on December , 2021, by Dean Hoffman
as Member of River City Development Group, LLC, an Iowa limited liability company.
Signature ofNota Public
PATRICIA J._TRUMM
$P �> Commission Number 177783
My Co missio Expires
OWA
2
TRACT I.
The Southwest'/4 of the Northeast t/4 in Section 14, Township 88 North, Range 2 East of the 51h
P.M., in Dubuque County, Iowa, according to United States Government Survey.
Lot 1 of the Northwest 1/4 of the Northeast ``/4,
Lot 1 of Lot 1 of the Northeast t/4 of the Northeast'/4, and
Lot 2 of the Southeast %4 of the Northeast'/4,
EXCEPT portion deeded to the City of Dubuque, Iowa by Warranty Deed and Acquisition Plat,
Instrument #2010-3964 and described as:
Lot A of
Lot 1 of the Northwest 1/4 of the Northeast '/4, and of
Lot 1 of Lot 1 of the Northeast t/4 of the Northeast'/4, and of
Lot 2 of the Southeast t/4 of the Northeast'/4,
in Section 14, Township 88 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa,
according to the recorded Plats thereof,
and
EXCEPT portion deeded to the City of Dubuque, Iowa by Warranty Deed and Acquisition Plat,
Instrument #2011-14504 and described as:
Lot B of
Lot 1 of Lot 1 of the Northeast'/4 of the Northeast'/4, and of
Lot 2 of the Southeast `/4 of the Northeast 't/4,
in Section 14, Township 88 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa,
according to the recorded Plats thereof.
TRACT II.
Lot 2 of WERTZBERGER ACRES NO. 3, in Table Mound Township, Dubuque County, Iowa,
according to the recorded Plat thereof.
CciThe Iowa State Bar Association 2021 Form No. 335, Warranty Deed — Corporation/Business Entity Grantor
IowaDocs@ Revised January 2016
Doc ID: 010895590006 Type: GEN
Kind: DEED WITH RESOLUTION
Recorded: 01/11/2022 at 02:06:10 PM
Fee Amt: $6,791.60 Paqe i of 6
Revenue Tax: $6,749.60
Dubuque County Iowa
John Murphy Recorder
File2022-00000 / 04
Return To: City of Dubuque, 300 Main Street, Suite 330, Dubuque, IA 52001
Taxpayer: City of Dubuque, 300 Main Street, Suite 330, Dubuque, IA 52001
Preparer: Brian J. Kane, 2100 Asbury Rd., Ste. 2, Dubuque, IA 52001, Phone: (563) 582-7980
ST Vt.
4�� WARRANTY DEED
(CORPORATE/BUSINESS ENTITY GRANTOR)
For the consideration of Ten Dollars and other valuable consideration River City
Development Group, LLC, a limited liability company organized and existing under the laws of
Iowa, does hereby Convey to the City of Dubuque, Iowa, a municipal corporation, the following
described real estate in Dubuque County, Iowa:
See attached legal description.
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
singular or plural number, according to the context.
Dated: December, 2021.
River City Development Group, LLC,
an Iowa i ited liability com any
By
David J. Webber, Member
By
offman, Member
30-k
Lomb
STATE OF IOWA, COUNTY OF DUBUQUE
This record was acknowledged before me on December � 2021, by David J.
Webber as Member of River City Development Group, LLC, an Iowa limited liability company.
PATRICIA J. TRUMM
> Commission Number 177783
? My Com issio Expires Signature of Notary Public
IOWA
STATE OF IOWA, COUNTY OF DUBUQUE
This record was acknowledged before me on December, 2021, by Dean Hoffman
as Member of River City Development Group, LLC, an Iowa limited liability company.
i� �'-,
Signature of Nota1 Public
PATRICIA J. TRUMM
° + Commission Number 177783
My Co missio Expir s
OWA
2
TRACT I.
The Southwest 1/4 of the Northeast '/4 in Section 14, Township 88 North, Range 2 East of the 5"
P.M., in Dubuque County, Iowa, according to United States Government Survey.
Lot 1 of the Northwest 1/4 of the Northeast '/4,
Lot 1 of Lot 1 of the Northeast '/4 of the Northeast '/4, and
Lot 2 of the Southeast '/4 of the Northeast 1/4,
EXCEPT portion deeded to the City of Dubuque, Iowa by Warranty Deed and Acquisition Plat,
Instrument #2010-3964 and described as:
Lot A of
Lot 1 of the Northwest 1/4 of the Northeast '/4, and of
Lot 1 of Lot 1 of the Northeast'/4 of the Northeast 1/4, and of
Lot 2 of the Southeast '/4 of the Northeast 1/4,
in Section 14, Township 88 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa,
according to the recorded Plats thereof,
and
EXCEPT portion deeded to the City of Dubuque, Iowa by Warranty Deed and Acquisition Plat,
Instrument #2011-14504 and described as:
Lot B of
Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4, and of
Lot 2 of the Southeast 1/4 of the Northeast '/4,
in Section 14, Township 88 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa,
according to the recorded Plats thereof.
TRACT II.
Lot 2 of WERTZBERGER ACRES NO. 3, in Table Mound Township, Dubuque County, Iowa,
according to the recorded Plat thereof.
CThe Iowa State Bar Association 2021 Form No. 335, Warranty Deed — Corporation/Business Entity Grantor
IowaDocs® Revised January 2016
Prepared by Barry A. Lindal, Eso. 300 Main St., Ste. 330, Dubuque IA 52001-6944, (563) 583-4113
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13'h St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO.3-22
ACCEPTING THE DEED TO REAL ESTATE OWNED BY RIVER CITY DEVELOPMENT
GROUP LLC IN DUBUQUE COUNTY, IOWA
Whereas, RIVER CITY DEVELOPMENT GROUP LLC is the owner of the following
real property (the Real Estate):
ABSTRACT OF TITLE TO:
TRACT 1.
The Southwest''/. of the Northeast IA in Section 14, Township 88 North, Range 2 East of
the P P.M., in Dubuque County, Iowa, according to United States Government Survey,
Lot 1 of the Northwest Y. of the Northeast %,
Lot 1 of Lot I of the Northeast Y. of the Northeast'/4, and
Lot 2 of the Southeast 'K of the Northeast %,,
EXCEPT portion deeded to the City of Dubuque, Iowa by Warranty Deed and Acquisition Plat, Instrument 92010-3964 and
described as:
Lot A of
Lot 1 of the Northwest %. of the Northeast'!., and of
Lot I of Lot 1 of the Northeast''/, of the Northeast'/4, and of
Lot 2 of the Southeast of the Northeast'/e,
in Section 14, Township 88 North, Range 2 East of the 51 P.M., in Dubuque County, Iowa, according to the recorded Plats
thereof,
and
EXCEPT portion deeded to the City of Dubuque, Iowa by Warranty Deed and Acquisition Plat, Instrument #2011.14504 and
described as:
Lot B of
Lot I of Lot i of the Northeast %. of the Northeast''/4, and of
Lot 2 of the Southeast Y. of the Northeast''/,,
in Section 14, Township 88 North, Range 2 East of the 5ei P.M., in Dubuque County, Iowa, according to the recorded Plats
thereof.
TRACT II.
Lot 2 of WERTZBERGER ACRES NO.3, in Table Mound Township, Dubuque County, Iowa,
according to the recorded Plat thereof.
; and
Whereas, the City of Dubuque entered into an Offer to Buy Real Estate and
Acceptance to purchase the Real Estate from River City Development Group LLC, subject
to the approval by the City Council of an Offer to Buy Real Estate and Acceptance
between City and River City Development Group LLC, a copy of which is attached hereto;
and
Whereas, the City Council approved the Offer to Buy Real Estate and Acceptance;
and
Whereas, all the terms and conditions of the Offer to Buy Real Estate and
Acceptance have been completed and River City Development Group LLC has delivered
a Warranty Deed to the City for the Real Estate, a copy of which is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby accepts the Warranty Deed to the Real Estate
from River City Development Group LLC.
Passed, approved and adopted this 3rd day of January, 2022.
En
1 .9 M.-To I M I �- - �-qm
Attest:
Adrienne N. Breitfelder, City Clerk
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Adrienne N. Breitfelder, City Clerk, 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. 3-22 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 4th day of Janaury, 2022.
Adrienne N. Breitfelder, City Clerk
Doc ID: 010895600003 Type: GWH
Kind: GROUNDWATER HAZARD
Recorded: 01/11/2022 at 02:06:47 PM
Fee Amt: $0.00 Paqe i of 3
Dubuque County Iowa
John Murphy Recorder File2022-00000108
REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT
TO BE COMPLETED BY TRANSFEROR
TRANSFEROR:
Name: River City Development Group, LLC
Address: 120 Industrial Park Road, Cascade, IA 52033
TRANSFEREE:
Name: City of Dubuque, Iowa
Address: 300 Main Street, Suite 330, Dubuque, IA 52001
Address of Property Transferred:
N/A — Bare Land
Legal Description of Property:
See attached.
1. Wells (check one)
-'9. 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)
—'& 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)
-'S 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)
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.
5. Private Burial Site (check one)
\H. 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)
FILE WITH RECORDER DNR form 542-0960 (July 18, 2012)
2022-704-
❑ All buildings on this property are served by a public or semi-public sewage disposal system.
This transaction does not involve the transfer of any building which has or is required by law to have a
sewage disposal system.
❑ There is a building served by private sewage disposal system on this property or a building without any
lawful sewage disposal system. A certified inspector's report is attached which documents the condition of
the private sewage disposal system and whether any modifications are required to conform to standards
adopted by the Department of Natural Resources. A certified inspection report must be accompanied by
this form when recording.
❑ There is a building served by private sewage disposal system on this property. Weather or other
temporary physical conditions prevent the certified inspection of the private sewage disposal system from
being conducted. The buyer has executed a binding acknowledgment with the county board of health to
conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to
be responsible for any required modifications to the private sewage disposal system as identified by the
certified inspection. A copy of the binding acknowledgment is attached to this form.
❑ There is a building served by private sewage disposal system on this property. The buyer has executed a
binding acknowledgment with the county board of health to install a new private sewage disposal system
on this property within an agreed upon time period. A copy of the binding acknowledgment is provided
with this form.
❑ There is a building served by private sewage disposal system on this property. The building to which the
sewage disposal system is connected will be demolished without being occupied. The buyer has executed a
binding acknowledgment with the county board of health to demolish the building within an agreed upon
time period. A copy of the binding acknowledgment is provided with this form. [Exemption #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.
ZSignature: Telephone No.: 563-590-5425
avid 1. Webber, Member (Transferor)
FILE WITH RECORDER DNR form 542-0960 (July 18, 2012)
LEGAL DESCRIPTION
TRACT I.
The Southwest X of the Northeast % in Section 14, Township 88 North, Range 2 East of the 5th P.M., in
Dubuque County, Iowa, according to United States Government Survey.
Lot 1 of the Northwest ''/< of the Northeast %,
Lot 1 of Lot 1 of the Northeast X of the Northeast''/., and
Lot 2 of the Southeast ''/< of the Northeast X,
EXCEPT portion deeded to the City of Dubuque, Iowa by Warranty Deed and Acquisition Plat, Instrument
#2010-3964 and described as:
Lot A of
Lot 1 of the Northwest X of the Northeast X, and of
Lot 1 of Lot 1 of the Northeast X of the Northeast X, and of
Lot 2 of the Southeast X of the Northeast''/.,
in Section 14, Township 88 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, according to
the recorded Plats thereof,
and
EXCEPT portion deeded to the City of Dubuque, Iowa by Warranty Deed and Acquisition Plat, Instrument
#2011-14504 and described as:
Lot B of
Lot 1 of Lot 1 of the Northeast X of the Northeast X, and of
Lot 2 of the Southeast X of the Northeast %,
in Section 14, Township 88 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, according to
the recorded Plats thereof.
TRACT II.
Lot 2 of WERTZBERGER ACRES NO. 3, in Table Mound Township, Dubuque County, Iowa, according to
the recorded Plat thereof.
FILE WITH RECORDER DNR form 542-0960 (July 18, 2012)