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Accepting the Deed to Certain Real Estate in Dubuque, County, Iowa from the Stephen J. Butt Trust and the Patricia J. Schroeder Trust Copyrighted May 18, 2026 City of Dubuque CONSENT ITEMS # 19. City Council ITEM TITLE: Accepting the Deed to Certain Real Estate in Dubuque, County, lowa from the Stephen J. Butt Trust and the Patricia J. Schroeder Trust SUMMARY: City Manager recommending City Council accept the Deed to certain real property in Dubuque County, lowa, at 2300 University Avenue from the Stephen J. Butt Trust and the Patricia J. Schroeder Trust. RESOLUTION Accepting the Deed to Certain Real Estate in Dubuque County, lowa from the Stephen J. Butt Trust and the Patricia J. Schroeder Trust SUGGUESTED Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: 1. MVM Memo Accepting the Deed 2. Staff Memo Accepting Deed Butt and Schroeder Trust_05-12-2026 3. Schroeder Resolution to Accept Deed_5-12-2026 4. Trustee Warranty Deed_Butts & Schroeder Page 542 of 890 Dubuque THE CITY OF � uhA�eMa cin DuB E ; . � , I � � I. Maste iece on the Mississi t 2oo�•zoiz•zois �P Pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Accepting the Deed to Certain Real Estate in Dubuque, County, lowa from the Stephen J. Butt Trust and the Patricia J. Schroeder Trust DATE: May 13, 2026 Senior Counsel Barry Lindahl is recommending City Council accept the Deed to certain real property in Dubuque County, lowa, at 2300 University Avenue from the Stephen J. Butt Trust and the Patricia J. Schroeder Trust. The acquisition of the property is a protective purchase to preserve the corridor for the future reconstruction of the University Avenue —Asbury Road Intersection. 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 Page 543 of 890 Dubuque THE CITY OF � All•Aneriea Ciry DuB E ;�� �:; I � � I. Maste iece on the Mississi Z zoo��zoiz�zois rP Pp zoi�*Zoi9 BARRY A. LINDAHL, ESQ. SENIOR COUNSEL MEMO To: Michael C. Van Milligen City Manager DATE: May 18, 2026 RE: ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM THE STEPHEN J. BUTT TRUST AND THE PATRICIA J. SCHROEDER TRUST The City of Dubuque entered into an Offer to Buy and Acceptance Agreement (the Agreement) with the Stephen J. Butt Trust and the Patricia J. Schroeder Trust for the purchase of certain real property in Dubuque County, lowa, at 2300 University Avenue and described as follows: Lots 13, 14, and 15 in Finley, Waples & Burton's Addition to the City of Dubuque, lowa, according to the recorded plat thereof; and The Easterly '/z of Lot 16 in Finley, Waples & Burton's Addition to the City of Dubuque, lowa, according to the recorded plat thereof; and The West '/2 of Lot 16 in John W. Finley, Wm. D. Waples & George W. Burton's Plat of Mineral Lot 168 in Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, lowa, according to the recorded plat thereof The acquisition of the property is as a protective purchase to preserve the corridor for the future reconstruction of the University Avenue - Asbury Road Intersection. The terms of the Agreement have now been met. The attached Resolution accepts the deed to the property on behalf of the City of Dubuque. I recommend that the Resolution be submitted to the City Council for consideration and adoption. OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 33�, HARBOR VIEW PLACE, 3OO MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563)583-4113/Fax (563)583-1040/EMai� balesq@cityofdubuque.org Page 544 of 890 cc: Crenna Brumwell, City Attorney Bob Schiesl, Civil Engineer OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 33�, HARBOR VIEW PLACE, 3OO MAIN STREET DUBUQUE, IA 52001-6944 TE�EPHONE (563)583-4113/F,vc (563)583-1040/EMai� tsteckle@cityofdubuque.org Page 545 of 890 III .. .. . .. 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. 189-26 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM THE STEPHEN J. BUTT TRUST AND THE PATRICIA J. SCHROEDER TRUST WHEREAS, the City of Dubuque entered into an Offer to Buy Real Estate and Acceptance Agreement (the Agreement) with the Stephen J. Butt Trust and the Patricia J. Schroeder Trust for the purchase of certain real property in Dubuque County, Iowa, described as follows: Lots 13, 14, and 15 in Finley, Waples& Burton's Addition to the City of Dubuque, Iowa, according to the recorded plat thereof; and The Easterly '/z of Lot 16 in Finley, Waples & Burton's Addition to the City of Dubuque, Iowa, according to the recorded plat thereof; and The West IA of Lot 16 in John W. Finley, Wm. D. Waples & George W. Burton's Plat of Mineral Lot 168 in Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa, according to the recorded plat thereof; and; WHEREAS, the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1 The City of Dubuque, Iowa, hereby accepts the Deed, a copy of which is attached hereto. Section 2 The Assistant City Clerk is hereby authorized and directed to record this Resolution and the Deed with the Dubuque County Recorder. Passed, approved and adopted this 18th day of May 2026. Brad TM'Cavanagh, Mayor Attest: Trish Gleason, Assistant City Clerk a. I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Doc ID: 011516500006 Type: GEN Kind: DEED WITH RESOLUTION Recorded: 05/29/2026 at 12:46:18 PM Fee Amt: $1,076.20 Paqe 1 of 6 Revenue Tax: $1,039.20 Dubuque County Iowa Ann E. Sweeney Recorder File2026-00005712 TRUSTEE WARRANTY DEED Recorder's Cover Sheet Preparer Information: Brian J. Kane, 2100 Asbury Road, Suite 2, Dubuque, IA 52001 Phone: (563) 582-7980 Taxpayer Information: City of Dubuque, Iowa 300 Main Street, Suite 330 Dubuque, IA 52001 Return Document To: City of Dubuque, Iowa 300 Main Street, Suite 330 Dubuque, IA 52001 Grantor: Stephen J. Butt Trust Dated September 13, 2022 Patricia J. Schroeder Revocable Trust Dated September 18, 2020 Grantee: City of Dubuque, Iowa Legal Description: See Page 2 Document or instrument number of previously recorded documents: TRUSTEE WARRANTY DEED (Inter-Vivos Trust) For the consideration of Ten Dollars ($10.00) and other valuable consideration, Suzanne F. Butt, as Trustee of the Stephen J. Butt Trust Dated September 13, 2022, and Kathryn Schroeder, as Trustee of the Patricia J. Schroeder Revocable Trust Dated September 18, 2020, do hereby convey to the City of Dubuque, Iowa, the following described real estate in Dubuque County, Iowa: Lots 13, 14, and 15 in Finley, Waples & Burton's Addition to the City of Dubuque, Iowa, according to the recorded plat thereof; and The Easterly % of Lot 16 in Finley, Waples & Burton's Addition to the City of Dubuque, Iowa, according to the recorded plat thereof; and The West 'V2 of Lot 16 in John W. Finley, Wm. D. Waples & George W. Burton's Plat of Mineral Lot 168 in Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa, according to the recorded plat thereof. 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. The grantors hereby covenant with grantee, and successors in interest, that grantors hold the real estate by title in fee simple; that grantors 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. The grantors further warrant to the grantee all of the following: That the trust pursuant to which the transfer is made is duly executed and in existence; that to the knowledge of the grantors the persons creating the trusts were under no disability or infirmity at the time the trusts were created; that the transfer by the trustees to the grantee is effective and rightful; and that the trustees know of no facts or legal claims which might impair the validity of the trust or the validity of the transfer. Words and phrases herein, including the acknowledgment hereof, shall be construed as in the singular or plural number, according to the context. Dated: May_, 2026. Me Iowa State Bar Association 2020 IowaDocs• Stephen J. Butt Trust Dated September 13, 2022 Grantor 7 l -- F. Butt, Trustee Form No. 107, Trustee Warranty Deed (Inter-Vivos Trust) Revised June 2017 Patricia J. Schroeder Revocable Trust Dated September 18, 20 0, Grantor By Kathryn c oeder, fnust e STATE OF IOWA, COUNTY OF DUBUQUE This record was acknowledged before me on May _�_, 2026, by Suzanne F. Butt, as Trustee of the Stephen J. Butt Trust Dated September 13, 2022. ANGELA DEMMER :° Commiisoswnn Number 732iS7 • aw MY :1_' AA AM Notary Publi ,State of Iowa STATE OF IOWA, COUNTY OF DUBUQUE This record was acknowledged before me on May to , 2026, by Kathryn Schroeder, as Trustee of the Patricia J. Schroeder Revocable Trust Dated Septembei 18, 2020. Pp,U(S ANGELA DEMMER Nk&ur f Commission Number MSS7 MY Cora i Rio ins Notary Publ c, tate o owa ow ©The Iowa State Bar Association 2020 IowaDocs• Form No.107, Trustee Warranty Deed (Inter-Vivos Trust) Revised June 2017 K3 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 to 52001 563 583-4113 RESOLUTION NO. 189-26 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM THE STEPHEN J. BUTT TRUST AND THE PATRICIA J. SCHROEDER TRUST WHEREAS, the City of Dubuque entered into an Offer to Buy Real Estate and Acceptance Agreement (the Agreement) with the Stephen J. Butt Trust and the Patricia J. Schroeder Trust for the purchase of certain real property in Dubuque County, Iowa, described as follows: Lots 13, 14, and 15 in Finley, Waples & Burton's Addition to the City of Dubuque, Iowa, according to the recorded plat thereof; and The Easterly '/2 of Lot 16 in Finley, Waples & Burton's Addition to the City of Dubuque, Iowa, according to the recorded plat thereof; and The West'/2 of Lot 16 in John W. Finley, Wm. D. Waples & George W. Burton's Plat of Mineral Lot 168 in Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa, according to the recorded plat thereof; and; WHEREAS, the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1 The City of Dubuque, Iowa, hereby accepts the Deed, a copy of which is attached hereto. Section 2 The Assistant City Clerk is hereby authorized and directed to record this Resolution and the Deed with the Dubuque County Recorder. Passed, approved and adopted this 18th day of May 2026. B Cavanagh, Mayor Attest: Trish Gleason, Assistant 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 Clerk of 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. 189-26 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 21 st day of May 2026. rJi (SE'ALfc- r Trishh�L-. Gleason, Assistant City Clerk Doc ID: 011516510001 Type: GEN Kind: AFFIDAVITS Recorded: 05/29/2026 at 12:47:04 PM Fee Amt: $7.00 Paqe 1 of 1 Dubuque CountV Iowa Ann E. Sweeney Recorder File2026-00005713 Prepared by/Return to: Brian J. Kane, 2100 Asbury Rd, Ste 2, Dubuque, IA 52001 563-582-7980 Tax Address Statement: City of Dubuque, Iowa, 300 Main Street, Ste 330, Dubuque,1A 52001 o PURCHASER'S AFFIDAVIT ys � (For use with property purchased from an inter vivos trust) soc�' RE: Lots 13, 14, and 15 in Finley, Waples & Burton's Addition to the City of Dubuque, Iowa, according to the recorded plat thereof; and The Easterly %z of Lot 16 in Finley, Waples & Burton's Addition to the City of Dubuque, Iowa, according to the recorded plat thereof; and The West % of Lot 16 in John W. Finley, Wm. D. Waples & George W. Burton's Plat of Mineral Lot 168 in Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa, according to the recorded plat thereof. STATE OF IOWA, DUBUQUE COUNTY, ss: I, Michael C. Van Milligen, being first duly sworn (or affirmed) under oath depose and state that I am the City Manager of the purchaser of the real estate described above. The purchaser has relied upon the Affidavit dated May (..� 2026 from Suzanne F. Butt, trustee of the Stephen J. Butt Trust Dated September 13, 2022 and the Affidavit dated May (p 2026 from Kathryn Schroeder, trustee of the Patricia J. Schroeder Revocable Trust Dated September 18, 2020. The purchaser has no notice or knowledge of any adverse claims arising out of the execution and recording of the deed from the trustees. This Affidavit is given to establish reliance on the Affidavit referred to above for all purposes contemplated under Iowa Code Section 614.14. Dated May ��„ 2026. Michael C. Van Milligen, Affiant Signed and sworn to (or affirmed) before me on May `T , 2026, by Michael C. Van Milligen. , MIA BURBACH Signature of Notary Pub c _ 7 Commission Number 871499 ' My =:Wi xpires /OWA . ♦ A, I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Doc ID: 011516520002 Type: GEN Kind: TRUSTEE AFFIDAVIT Recorded: 05/29/2026 at 12:47:32 PM Fee Amt: $12.00 Pape 1 of 2 Dubuque County Iowa Ann E. Sweenev Recorder File2026-000051 iT Prepared by/Return to: Brian J. Kane, 2100 Asbury Rd, Ste 2, Dubuque, IA 52001 563-582-7980 Tax Address Statement: City of Dubuque, Iowa, 300 Main Street, Ste 330, Dubuque, IA 52001 TRUSTEE AFFIDAVIT RE: Lots 13, 14, and 15 in Finley, Waples & Burton's Addition to the City of Dubuque, Iowa, according to the recorded plat thereof; and The Easterly '/z of Lot 16 in Finley, Waples & Burton's Addition to the City of Dubuque, Iowa, according to the recorded plat thereof; and The West '/z of Lot 16 in John W. Finley, Wm. D. Waples & George W. Burton's Plat of Mineral Lot 168 in Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa, according to the recorded plat thereof. I, Suzanne F. Butt, being first duly sworn (or affirmed) under oath, state of my own personal knowledge that: l . I am the trustee under the Stephen J. Butt Trust Dated September 13, 2022, to which the above -described real estate was conveyed by Stephen J. Butt and Suzanne F. Butt, husband and wife, pursuant to an instrument recorded September 14, 2022 in the office of the Dubuque County Recorder as Instrument No. 2022-11542. 2. I presently am the trustee under the trust and I am authorized to sell and convey the above described real estate without any limitation or qualification whatsoever. The trust is in existence and I am authorized to transfer the interest in the real estate as described in paragraph 2, free and clear of any adverse claims. 4. The grantor of the trust IS alive. The Trust is revocable or, if the Trust is irrevocable, none of the beneficiaries of the Trust are deceased. 0 CG NA+. -Ova I2.°" .or Dated May, 2026. S Suzanne Butt, Affiant STATE OF IOWA, COUNTY OF DUBUQUE, ss: Signed and sworn to (or affirmed) before me on May 61 , 2026, by Suzanne F. Butt. ANGELA DEMMER ip F Commission Number 732857 -.+Et`p+t.` ©The Iowa State Bar Association 2020 IowaDocs® Signat of Notary Public Form No.113, Individual Trustee's Affidavit Revised April 2016 1 ' II II IIIII IIIII IIIII III I I I I I I IIIII IIIII IIIII IIIII II I I II Doc ID: 011516530002 Type: GEN Kind: TRUSTEE AFFIDAVIT Recorded: 05/29/2026 at 12:48:14 PM Fee Amt: $12.00 Paqe 1 of 2 Dubuque County Iowa Ann E. Sweeney Recorder File2026-00005715 Prepared by/Return to: Brian J. Kane, 2100 Asbury Rd, Ste 2, Dubuque, IA 52001 563-582-7980 Tax Address Statement: City of Dubuque, Iowa, 300 Main Street, Ste 330, Dubuque, IA 52001 .4P TRUSTEE AFFIDAVIT a JSOC.IA�,� RE: Lots 13, 14, and 15 in Finley, Waples & Burton's Addition to the City of Dubuque, Iowa, according to the recorded plat thereof; and The Easterly''/2 of Lot 16 in Finley, Waples & Burton's Addition to the City of Dubuque, Iowa, according to the recorded plat thereof; and The West '/2 of Lot 16 in John W. Finley, Wm. D. Waples & George W. Burton's Plat of Mineral Lot 168 in Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa, according to the recorded plat thereof. I, Kathryn Schroeder, being first duly sworn (or affirmed) under oath, state of my own personal knowledge that: 1. I am the trustee under the Patricia J. Schroeder Revocable Trust Dated September 18, 2020, to which the above -described real estate was conveyed by Patricia J. Schroeder, a single person, pursuant to an instrument recorded October 19, 2020 in the office of the Dubuque County Recorder as Instrument No. 2020-16173. 2. I presently am the trustee under the trust and I am authorized to sell and convey the above described real estate without any limitation or qualification whatsoever. 3. The trust is in existence and I am authorized to transfer the interest in the real estate as described in paragraph 2, free and clear of any adverse claims. 4. The grantor of the trust IS alive. 5. The Trust is revocable or, if the Trust is irrevocable, none of the beneficiaries of the Trust are deceased. Z-00 Dated May t0 , 2026. STATE OF IOWA, COUNTY OF DUBUQUE, ss: P �4t �� Kathryn Schroeder, Affiant Signed and sworn to (or affirmed) before me on May (O , 2026, by Kathryn Schroeder. A" 'N� Signaiukof Notary Public ��� `•F ANGELA DEMMER Commission Numbw 732857 MY ©The Iowa State Bar Association 2020 Form No. 113, Individual Trustee's Affidavit IowaDocs® Revised April 2016