Purchase Agreement between the City of Dubuque, Rabbit Hollow Nature Conservancy, Inc. and Iowa Natural Heritage Foundation-Accpeting the Warranty DeedCity of Dubuque
City Council Meeting
Consent Items # 019.
Copyrighted
July 1, 2024
ITEM TITLE: Purchase Agreement between the City of Dubuque, Rabbit Hollow
Nature Conservancy, Inc. and Iowa Natural Heritage Foundation. -
Accepting the Warranty Deed
SUMMARY: City Manager recommending to adopt a resolution Accepting the Deed to
satisfy the terms of the Purchase Agreement between the City of
Dubuque, Rabbit Hollow Nature Conservancy, Inc. and Iowa Natural
Heritage Foundation to purchase property necessary for the construction
of Phase One of the Old Mill Rd. Lift Station Project.
RESOLUTION Accepting the Deed from Rabbit Hollow Nature
Conservancy, Inc. to Certain Real Estate In Dubuque County, Iowa
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Memo Staff Memo
Resolution Resolutions
Warranty Deed - Uploaded 6.28.24 Supporting Documentation
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Purchase Agreement between the City of Dubuque, Rabbit Hollow Nature
Conservancy, Inc. and Iowa Natural Heritage Foundation
DATE: June 27, 2024
Senior Counsel Barry Lindahl is recommending City Council adopt a resolution
Accepting the Deed to satisfy the terms of the Purchase Agreement between the City of
Dubuque, Rabbit Hollow Nature Conservancy, Inc. and Iowa Natural Heritage
Foundation to purchase property necessary for the construction of Phase One of the
Old Mill Rd. Lift Station Project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
CC' Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Barry Lindahl, Senior Counsel
Gus Psihoyos, City Engineer
Todd Irwin, Engineering Technician
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BARRY A. LINDAHL,
SENIOR COUNSEL
MEMO
To: Michael Van Milligen
City Manager
DATE: July 1,2024
Dubuque
Ai-lserica Ct
2007-2012.2013
2017*2019
RE: Purchase Agreement between the City of Dubuque, Rabbit Hollow Nature
Conservancy, Inc. and Iowa Natural Heritage Foundation.
On June 17, 2024, the City Council approved the Purchase Agreement between the City
of Dubuque, Rabbit Hollow Nature Conservancy, Inc. and Iowa Natural Heritage
Foundation for the property legally described as follows:
Lot 2 of Lot 2 of Lot 1 of Mineral Lot 507, in the City of Dubuque, Iowa
The purchase of the property is necessary for the construction of Phase One of the Old
Mill Rd. Lift Station Project.
The terms of the Purchase Agreement have now been met.
1 recommend that the attached Resolution Accepting the Deed be submitted to the City
Council for consideration and approval.
BAL:JLM
cc: Crenna Brumwell, City Attorney
Todd Irwin, Engineering Technician
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 I FAx (563) 583-10401 EMAIL balesq@cityofdubuque.org
Prepared by Bar A. Lindal Esq. 300 Main St., Ste. 330 Dubuque IA 52001-6944 563 583-4113
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 131'1 St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 216 - 24
ACCEPTING THE DEED FROM RABBIT HOLLOW NATURE CONSERVANCY, INC.
TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA
WHEREAS, Rabbit Hollow Nature Conservancy, Inc. (Rabbit Hollow) is the owner
of the following described real property:
Lot 2 of Lot 2 of Lot 1 of Mineral Lot 507, in the City of Dubuque, Iowa
(the Property); and
WHEREAS, City, Rabbit Hollow and Iowa Natural Heritage Foundation entered
into a Purchase Agreement for the Property; and
WHEREAS, the terms of the Purchase Agreement have been met and a Warranty
Deed has been delivered to the City; and
WHEREAS, the City Council finds that it is in the best interests of the City of
Dubuque to accept the Warranty Deed from Rabbit Hollow.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE AS FOLLOWS:
Section 1. The Warranty Deed from Rabbit Hollow Nature Conservancy, Inc. is
hereby accepted.
Section 2. The City Clerk is hereby authorized and directed to record the
Warranty Deed with the Dubuque County Recorder.
Passed, approved and adopted this 1st day of July, 2024.
Bra C�a-vanagh,
Attest:
j�
Adrienne N. Breitfelde , City Clerk
Doc ID: 011241750006 Type: GEN
Kind: DEED WITH RESOLUTION
Recorded: 07/08/2024 at 10:41:48 AM
Fee Amt: $108.20 Page 1 of 6
Revenue Tax: $71.20
Dubuque County Iowa
Karol Kennedy Recorder
File2024-00006150
Taxpayer/Return To: City of Dubuque, Iowa, 50 W. 131 Street, Dubuque, Iowa 52001
Preparer: Stephan E. Alt, 890 Main Street, Suite 200, Dubuque, Iowa 52001, Phone: 563-556-4011
WARRANTY DEED
For the consideration of Ten Dollar(s) and other valuable consideration, Rabbit Hollow Nature
Conservancy, Inc., an Iowa non-profit corporation, does hereby convey to City of Dubuque, Iowa,
an Iowa Municipal Corporation, the following described real estate in Dubuque County, Iowa:
Lot 2 if Lot 2 of Lot 1 of Mineral Lot 507, in the City of Dubuque, Iowa according
to the recorded plat of said Subdivision.
There is no known private burial site, well, solid waste disposal site, underground storage tank,
hazardous waste, or private sewage disposal system on the property as described in Iowa Code
Section 558.69, and therefore the transaction is exempt from the requirement to submit a
groundwater hazard statement.
Grantors do Hereby Covenant with grantees, and successors in interest, that grantors hold the real
estate by title in fee simple; that they have 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 grantors Covenant to Warrant and Defend the real estate against the lawful claims of
all persons except as may be above stated. 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: June' , 2024. Rabbit Hollow Nature Conservancy, Inc.
By:
An rew J. Butler, P sident
STATE OF IOWA, COUNTY OF DUBUQUE
This record was acknowledged before me on June, 2024, by Andrew J. Butler as
President of Rabbit Hollow Nature Conservancy, Inc.
Traci A. Kelly
Iowa Notarial Seal Signature o Notary u c
Commission # 165 la
My Ccmmission Expires:SS@5
Prepared by Bann A Lindal Esa 300 Main St Ste 330 Dubuque IA 52001-6944 (563) 5834113
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 1311 St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 216 - 24
ACCEPTING THE DEED FROM RABBIT HOLLOW NATURE CONSERVANCY, INC.
TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA
WHEREAS, Rabbit Hollow Nature Conservancy, Inc. (Rabbit Hollow) is the owner
of the following described real property:
Lot 2 of Lot 2 of Lot 1 of Mineral Lot 507, in the City of Dubuque, Iowa
(the Property); and
WHEREAS, City, Rabbit Hollow and Iowa Natural Heritage Foundation entered
into a Purchase Agreement for the Property; and
WHEREAS, the terms of the Purchase Agreement have been met and a Warranty
Deed has been delivered to the City; and
WHEREAS, the City Council finds that it is in the best interests of the City of
Dubuque to accept the Warranty Deed from Rabbit Hollow.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE AS FOLLOWS:
Section 1. The Warranty Deed from Rabbit Hollow Nature Conservancy, Inc. is
hereby accepted.
Section 2. The City Clerk is hereby authorized and directed to record the
Warranty Deed with the Dubuque County Recorder.
Passed, approved and adopted this 1st day of July, 2024.
Brad M. avanagh r
Attest: %l 1
Adrienne N. Breitfeld6t, 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. 216-24 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 8 day of July 2024.
F
_ • L
A
Adrienne N. Breitfelde City Clerk
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. 13" St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 190 - 24
APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF DUBUQUE,
RABBIT HOLLOW NATURE CONSERVANCY, INC. AND IOWA NATURAL HERITAGE
FOUNDATION AND AUTHORIZING THE ACCEPTANCE OF THE DEED TO CERTAIN
REAL ESTATE IN DUBUQUE COUNTY, IOWA
Whereas, Rabbit Hollow Nature Conservancy, Inc. (Rabbit Hollow) is the owner of
the following described real property:
Lot 2 of Lot 2 of Lot 1 of Mineral Lot 507, in the City of Dubuque, Iowa
(the Property); and
Whereas, City, Rabbit Hollow and Iowa Natural Heritage Foundation have
tentatively entered into a Purchase Agreement for the Property, a copy of which is
attached hereto, subject to City Council approval; and
Where the City Council finds that it is in the best interests of the City of Dubuque
to approve the Purchase Agreement and accept the Deed from Rabbit Hollow.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE AS FOLLOWS:
Section 1. The Purchase Agreement is hereby approved.
Section 2. The Mayor is hereby authorized and directed to sign the Purchase
Agreement on behalf of the City of Dubuque and to take such action as may be necessary
to carry out the terms of the Purchase Agreement.
Section 3. The City Clerk is hereby authorized to accept the Deed from Rabbit
Hollow Nature Conservancy, Inc. and to record the Deed with the Dubuque County
Recorder.
Passed, approved and adopted this 17th day of June, 2024.
9Pj&1rCavan60, Mayor
Attest:
Adrienne N. Breitfelder, City Clerk
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Trish L. Gleason, do hereby certify that I am the duly appointed, qualified,
Assistant City Clerkof the City of Dubuque, Iowa, in the County aforesaid, and as such
Assistant 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. 190-24 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 26th day of June, 2024.
Trish L. Gleason, CIVIC, Assistant City Clerk
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