Asset Purchase Agreement between the City of Dubuque and Twin Ridge Water, Inc. Reconveyance of Well Parcel Copyrighted
June 6, 2022
City of Dubuque Consent Items # 011.
City Council Meeting
ITEM TITLE: Asset Purchase Agreement between the City of Dubuque and Twin
Ridge Water, Inc. Reconveyance of Well Parcel
SUMMARY: City Manager recommending City Council approve a Quit Claim Deed
deeding the Well Parcel back to the property owner, Linda Schuster.
RESOLUTION Approving a Quit Claim Deed to Linda S. Schuster
SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
Asset Purchase Agreement between the City of
Dubuque and Twin Ridge Water, Inc. Reconveyance of City Manager Memo
Well Parcel-MVM Memo
Memo Staff Memo
Resolution Resolutions
Quit Claim Deed Supporting Documentation
Dubuque
THE CITY OF
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Asset Purchase Agreement between the City of Dubuque and Twin Ridge
Water, Inc. Reconveyance of Well Parcel
DATE: June 1 , 2022
Senior Council Barry Lindahl is recommending City Council approve a Quit Claim Deed
deeding the Well Parcel back to the property owner, Linda Schuster.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
kr4A/71.14,-,-.„
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Barry Lindahl, Senior Counsel
Dubuque
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BARRY A. LINDAHL, ESQ.
SENIOR COUNSEL
MEMO
To: Michael Van Milligen
City Manager
DATE: May 24, 2022
RE: Asset Purchase Agreement between the City of Dubuque and Twin Ridge
Water, Inc. Reconveyance of Well Parcel
On November 2, 2015, the City of Dubuque and Twin Ridge Water, Inc. entered into an
Asset Purchase Agreement (the Agreement) to purchase the assets of the Twin Ridge
Water, Inc. public water supply and sanitary sewer system to facilitate providing water
and sewer service to residents served by Twin Ridge Water, Inc.
Pursuant to the Agreement, the City acquired the following real property from Twin Ridge
Water, Inc.:
That part of Lot 18 in "Twin Ridge" Subdivision, in Table Mound Township,
Dubuque County, Iowa, according to the Plat thereof in Book of Plats # 34, page
93, as described in Warranty Deed, Instrument #748-72 and Correction Warranty
Deed, Instrument #4272-72, records of Dubuque County, Iowa
referred to as the Well Parcel, upon which was located a well house which housed
equipment for the water and sewer service. Please see attached photos.
The Agreement provided that in the event the City no longer needed the Well Parcel, the
Well Parcel would be deeded back to the property owner, now Linda S. Schuster. The
residences previously served by Twin Ridge Water, Inc. are now served by the City's
water and sewer systems. The City has determined that it no longer needs the Well
Parcel. The Well Parcel should now be deeded back to Ms. Schuster pursuant to the
attached Quit Claim Deed.
I recommend that the attached Quit Claim Deed be submitted to the City Council for
consideration and approval.
BAL:jmm
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
cc: Chris Lester, Water Department Manager
Brant Schueller, Water Distribution Supervisor
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Prepared by: Barry Lindahl, 300 Main Street, Suite 330, Dubuque, IA 52001,(563)589-4381
Return to: Barry Lindahl, 300 Main Street, Suite 330, Dubuque, IA 52001, (563)589-4381
RESOLUTION NO. 211-22
APPROVING A QUIT CLAIM DEED TO LINDA S. SCHUSTER
Whereas, on November 2, 2015, the City of Dubuque and Twin Ridge Water, Inc.
entered into an Asset Purchase Agreement (the Agreement); and
Whereas, pursuant to the Agreement, the City acquired the following real property
from Twin Ridge Water, Inc.:
That part of Lot 18 in "Twin Ridge" Subdivision, in Table Mound Township, Dubuque
County, Iowa, according to the Plat thereof in Book of Plats # 34, page 93, as described
in Warranty Deed, Instrument #748-72 and Correction Warranty Deed, Instrument
#4272-72, records of Dubuque County, Iowa
referred to as the Well Parcel; and
Whereas, the Agreement provided that in the event the City no longer needed the
Well Parcel, the Well Parcel would be deeded back to Schuster; and
Whereas, the City has determined that it no longer needs the Well Parcel; and
Whereas, the Well Parcel should now be deeded to Linda S. Schuster who now
owns the property pursuant to the attached Quit Claim Deed.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Quit Claim Deed is hereby approved.
Section 2. The Mayor is hereby authorized and directed to sign the Quit Claim
Deed on behalf of the City of Dubuque to be delivered to Linda S. Schuster.
Passed, approved and adopted this 6th day of June, 2022.
( .
n
David T. Resnick, Mayor Pro Tem
Attest:
Trish L. Gleason, Assistant City Clerk
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
SPACE ABOVE THIS LINE
FOR RECORDER
Tax statement to: Linda S. Schuster
10420 Key West Drive
Dubuque, Iowa 52003
QUIT CLAIM DEED
For the consideration of One Dollar and other valuable consideration, the City of
Dubuque, Iowa does hereby Quit Claim to Linda S. Schuster all its right, title, interest,
estate, claim and demand in the following described real estate in Dubuque County, Iowa:
That part of Lot 18 in "Twin Ridge" Subdivision, in Table Mound Township,
Dubuque County, Iowa, according to the Plat thereof in Book of Plats # 34, page
93, as described in Warranty Deed, Instrument #748-72 and Correction Warranty
Deed, Instrument#4272-72, records of Dubuque County, Iowa
Exempt: Iowa Code § 428A.2(21) consideration less than $500
Dated: ��,r-,0.- Cep , 2022
CITY OF DUBUQUE, IOWA
id T. Resnick, Mayor Pro Tern
Attest:
--(_ 0'61. r_ .
Trish L. Gleason, Assistant City Clerk
STATE OF IOWA, DUBUQUE COUNTY, ss:
On this day of (-7\ 1_) , 2022, before me a Notary Public in and for said
County and said State, personally appeared David T. Resnick and Trish L. Gleason, to
me personally known, who, being by me duly sworn, did say that they are the Mayor Pro
Tern and Assistant City Clerk respectively, of the City of Dubuque, Iowa; that said
instrument was signed on behalf of said City of Dubuque by authority of Resolution No.
211 - 22 and that the said David T. Resnick and Trish L. Gleason as such officers,
acknowledged the execution of said instrument to be the voluntary act and deed of said
municipal corporation, by it and by them voluntarily executed.
ELLA LAHEY &b1coamionpumber7:3465.I61Aiss commExres &51 -R-)
.S``Qk. \p , Notary public
October 19,2024