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
• i
i
I
I
!
i
i
i
i
1
�
I
I
I
(
i
I
'I'1tiJST��WA1a12ANTX DEEl) '
Recorder's Cover Sheet
i
�
Preparer Information: E
Brian J. Kane, 21 UO Asbury Raad, Suite 2,Dubuque, IA 52001
Phone: {563} 582-7980
Taxpayer�nformation: �
City of Dubuque, Iowa �
300 Main Street, Suite 330 �
Dubuque, IA 52001 1
�
Return Document To: �
City of Dubuque, Iowa I
300 Main Street, Suite 330 ;
Dubuque, IA 52001
j
Grantor:
Stephen J. But�Trust Dated September 13,2022 �
Patricia J. Scl�roeder Revocabie Trusi Dated September 18, 2020
Grantee:
City of Dubuque, Iawa �
I,egal Description: See Page 2 ;
;
Document or instrument numbcr of previausly recorded documents: ;
;
i
i
Page 548 of 890 -
tiT,17!•
�q` .��
: �� ;. TRUSTEE WARRANTY D��D
I (Inter-Vivos Trust)
,
_ �
�S�sf�C'`,`�.
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. Sclu•oeder Revocable Trust Dated September 18, 2020, do hereby
convey to the City of Dubuque, Iowa, the following described real estate in Dubuque County,
Iowa:
Lc�ts 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 ]6 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 Sth P.M., in the
City of Dubuque, Iowa, according to the recorded plat thereof.
There is no knoti►�rr private bw•ial site, lvell, solid�vaste disposal szte, under•groarnd stor�age
tank, hazczr�dous N�aste, or pr•ivcrte se��age disposal syste�n on the prope�°ty as dese�°ibed irr lori�a
Code .section �58.<9, and therefore the lransaction is exerr�pt,from the requirement to szrbmit a
gr�ow�d��ater• hazar�d st�ctentent.
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 grantois fiuther 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 intirmity 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.
Stephen J. Butt Trust Dated September 13,
2022 Grantor
B � �� �t�
y `�"��—�
Su anne F. Butt, Trustee
�,�The lowa State Bar Association 2020 Form No.107,Trustee Warranty Deed(Inter-Vivos Trust)
IowaDocs� Revised June 2017
2
Page 549 of 890
Patricia J. Schroeder Revocable Trust Dated
September 18, 2020, Grantor
, �
By
Kathryn c roeder, rustee
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.
��P�•�s ANGELA DEMMER
:°��Commission NumbK 732857
,oW'
My co�mt�s�o�� Notary Publi , State of Iowa
STATE OF IOWA, COUNTY OF DUBUQUE
This record was acicnowledged before me on May lo , 2026, by Kathryn Schroeder, as
Trustee of�the Patricia J. Scl�u�oeder Revocable Trust Dated Septembe 18, 2020.
��^�s ANGELA DEMMER
i Z F,,,�`��Commission NumbK 732857
� nny co o�,i Spion c��ne Notary Publ c, tate o owa
!�iThe lowa State Bar Association 2020 Form No.107,Trustee Warrenty Deed(Inter-Vivos Trust)
IowaDocs� Revised lune 2017
3
Page 550 of 890