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Real Property Exchange Agreement between the City of Dubuque and Theisen's Warehouse, LLCCity of Dubuque City Council CONSENT ITEMS # 7. Copyrighted February 17, 2025 ITEM TITLE: Real Property Exchange Agreement between the City of Dubuque and Theisen's Warehouse, LLC. SUMMARY: City Manager recommending City Council adopt a resolution Accepting the Deed from Theisen's Warehouse LLC per the Real Property Exchange Agreement which was approved at the January 6, 2025 City Council meeting. RESOLUTION Accepting The Deed To Certain Real Estate In Dubuque County, Iowa From Theisen's Warehouse, LLC SUGGUESTED Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: 1. MVM Memo 2. MVM Theisen's Accepting Deed 3. Accepting Deed Theisen's Warehouse Resolution _ 02112025 4. Theisen's Warranty Deed _ Signed Page 104 of 797 Dubuque THE CITY OF uFA�a9a av DuBE 13 Masterpiece on the Mississippi zoo�•*o rP PP 2017202019 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Real Property Exchange Agreement between the City of Dubuque and Theisen's Warehouse, LLC DATE: February 13, 2025 Senior Counsel Barry Lindahl is recommending City Council adopt a resolution Accepting the Deed from Theisen's Warehouse LLC per the Real Property Exchange Agreement which was approved at the January 6, 2025 City Council meeting. I concur with the recommendation and respectfully request Mayor and City Council approval. Y Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Barry Lindahl, Senior Counsel Page 105 of 797 THE CITY OF DUB E Masterpiece on the Mississ' f'. BARRY A. LINDAHL, SENIOR COUNSEL MEMO To: Michael Van Milligen City Manager DATE: February 17, 2025 Dubuque AII•America City 2007.2012.2013 2017*2019 RE: Real Property Exchange Agreement between the City of Dubuque and Theisen's Warehouse, LLC. On January 6, 2025, the City Council approved the Real Property Exchange Agreement between the City of Dubuque and Theisen's Warehouse, LLC for the property legally described as follows: Lot 2A Dubuque Industrial Center West 9th Addition being part of Lot 2 of Dubuque Industrial Center West 9th Addition in the Northeast Quarter of the Southeast Quarter of Section 30, Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Dubuque County, Iowa, subject to easements and restrictions of record. The terms of the Real Property Exchange Agreement have now been met. I 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 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 Page 106 of 797 Prepared by Barry A. Lindahl 300 Main Street, Suite 330 Dubuque IA 52001 563 583-4113 Return to Prepared by Barry A. Lindahl 300 Main Street, Suite 330 Dubuque IA 52001 563 583-4113 RESOLUTION NO. 46-25 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM THEISEN'S WAREHOUSE, LLC WHEREAS, Theisen's Warehouse, LLC is the owner of the following real estate Lot 2A Dubuque Industrial Center West 9th Addition being part of Lot 2 of Dubuque Industrial Center West 9th Addition in the Northeast Quarter of the Southeast Quarter of Section 30, Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Dubuque County, Iowa, subject to easements and restrictions of record (the Property) ; and WHEREAS, the City of Dubuque (City) and Theisen's Warehouse, LLC (Theisen's) entered into a Purchase Agreement pursuant to which Theisen's agreed to convey the Property to City; and WHEREAS, the terms of the Purchase Agreement have been fulfilled by the parties; and WHEREAS, the City Council finds that it is the best interest of the City to accept Deed from Theisen's Warehouse, LLC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque, Iowa, hereby accepts the Deed from Theisen's Warehouse, LLC, a copy of which is attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Deed with the Dubuque County Recorder. Passed, approved and adopted this 171" day of February 2025. Brad M vanaugh, Mayor Attest: L Adrienne N. Breitfelder, City Clerk Doc ID: 011323400005 Type: GEN Kind: DEED WITH RESOLUTION Recorded: 02/19/2025 at 12:59:26 PM Fee Amt: $32.00 Page 1 of 5 Revenue Tax: $0.00 Dubuque County Iowa Karol Kennedy Recorder File2025-00001 V 17 WARRANTY DEED (CORPORATE/BUSINESS ENTITY GRANTOR) Recorder's Cover Preparer Information: Paul J. Sigwarth, O'Connor & Thomas, P.C., 1000 Main Street, Dubuque, IA 52001, Tel: (563) 557-8400 (kmp) Taxpayer Information: The City of Dubuque, Iowa. 50 West 13th Street, Dubuque, IA 52001 Return Document To: The City of Dubuque, Iowa, 50 West 13th Street, Dubuque, IA 52001 Grantor: Theisen's Warehouse, LLC Grantee: The City of Dubuque, Iowa Legal Description: See Page 2 Document or instrument number of previously recorded documents: C-1�2—l�v .;TAT WARRANTY DEED (CORPORATE/BUSINESS ENTITY GRANTOR) For the consideration of One Dollar ($1.00) and other valuable consideration, Theisen's Warehouse, LLC, an Iowa limited liability company, does hereby Convey to The City of Dubuque, Iowa, an Iowa municipal corporation, the following described real estate in Dubuque County, Iowa: Lot 2A Dubuque Industrial Center West 9th Addition being part of Lot 2 of Dubuque Industrial Center West 9th Addition in the Northeast Quarter of the Southeast Quarter of Section 30, Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Dubuque County, Iowa, subject to easements and restrictions of record. This deed is exempt according to Iowa Code 428A.2(21). The grantor hereby covenants with grantee, 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: February 3 , 2025 THEISEN'S WAREHOUSE, LLC, an Iowa limited liability company By i_ Chris Theisen, Manager STATE OF IOWA, COUNTY OF DUBUQUE This record was acknowledged before me on February -3 , 2025, by Chris Theisen, as Manager, of Theisen's Warehouse, LLC. (insert notary stamp or seal below) �.W MX J. SOWARTH Cpmminion Num o 106242 My�� ©The Iowa State Bar Association 2025 IowaDocsO Signature of Not Ic Form No. 101, Warranty Deed Revised June 2022 Prepared by Barry A. Lindahi 300 Main Street, Suite 330 Dubuque IA 52001 563 583-4113 Return to Prepared by Barry A. Lindahl 300 Main Street, Suite 330 Dubuque IA 52001 563 583-4113 RESOLUTION NO. 46-25 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM THEISEN'S WAREHOUSE, LLC WHEREAS, Theisen's Warehouse, LLC is the owner of the following real estate Lot 2A Dubuque Industrial Center West 9th Addition being part of Lot 2 of Dubuque Industrial Center West 91h Addition in the Northeast Quarter of the Southeast Quarter of Section 30, Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Dubuque County, Iowa, subject to easements and restrictions of record (the Property) and WHEREAS, the City of Dubuque (City) and Theisen's Warehouse, LLC (Theisen's) entered into a Purchase Agreement pursuant to which Theisen's agreed to convey the Property to City; and WHEREAS, the terms of the Purchase Agreement have been fulfilled by the parties; and WHEREAS, the City Council finds that it is the best interest of the City to accept Deed from Theisen's Warehouse, LLC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque, Iowa, hereby accepts the Deed from Theisen's Warehouse, LLC, a copy of which is attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Deed with the Dubuque County Recorder. Passed, approved and adopted this 17t' day of February 2025. .•�P!:;avanaugh, Mayor 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. 46-25 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 191h day of February 2025. Adrienne N. Breitfelder, City Clerk