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Utility Extension to the Airport - Accepting Deed to Lot 1 of Silver Oaks Copyright 2014 City of Dubuque Consent Items # 26. ITEM TITLE: Airport Utility Extension Project - Accepting Deed to Lot 1 of Silver Oaks SUMMARY: City Attorney Barry Lindahl recommending adoption of the resolution. RESOLUTION Accepting the Deed to Lot 1 of Silver Oaks in Section 23, Table Mound Township, Dubuque County, Iowa, According to the Recorded Plat Thereof from Royal Oaks Development Corporation SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type ❑ Staff Memo Staff Memo ❑ Final Plat of Silver Oaks Supporting Documentation ❑ Resolution Resolutions ❑ Warranty Deed Supporting Documentation ❑ Partial Release Of Real Estate Mortgage Executed Supporting Documentation THE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi BARRY LINDAHL CITY ATTORNEY To: Mayor Roy D. Buol and Members of the City Council DATE: March 24, 2015 RE: Airport Utility Extension Project — Accepting Deed to Lot 1 of Silver Oaks in Section 23, Table Mound Township, Dubuque County, Iowa, according to the recorded plat thereof In connection with the Airport Utility Extension Project the City entered into a Pre- Annexation Agreement with Royal Oaks Development Corporation dated for reference purposes the 18th day of August, 2014. The Agreement provided among other things that Royal Oaks Development Corporation would convey to the City certain real estate for a Booster Station for the Airport Utility Extension Project. The terms and conditions of the Agreement with respect to the donation of the Booster Station lot have been met. Attached is a resolution accepting the deed to the property. I recommend adoption of the resolution BAL:tIs Attachment cc: Michael C. Van Milligen, City Manager Gus Psihoyos, City Engineer Todd Irwin, Engineering Tech Steve Juergens, Esq. F:\USERS\tsteckle\Lindahl\Spiegel Pump Station Lot\MayorCouncil_ResolutionAcceptingDeed_032415.doc 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 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. 106-15 ACCEPTING THE DEED TO LOT 1 OF SILVER OAKS IN SECTION 23, TABLE MOUND TOWNSHIP, DUBUQUE COUNTY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF FROM ROYAL OAKS DEVELOPMENT CORPORATION Whereas, the City of Dubuque, Iowa and Royal Oaks Development Corporation entered into a Pre -Annexation Agreement dated for reference purposes the 18th day of August, 2014; and Whereas, the Agreement provided among other things that Royal Oaks Development Corporation would convey to the City certain real estate for a Booster Station for the Airport Utility Extension Project; and Whereas, the terms and conditions of the Agreement with respect to the donation of the Booster Station lot have been met. 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 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 6th day of April, 2015. Attest: Trish L. Gleason, Assistant City Clerk D, Roy D. Buol, Mayor 1111101110111111111 Doc ID: 008205780012 Type: GEN RacordedRKinV03/25/2015 at 11:10:14 AM Fee Amt: 02,00 Pape 1 of 12 Dubuque County Ione John MurphV Recorder Filw2015-00003342 PREPARED BY:Dan Kingtgen,L.S.14052 WHKS&Co. 1701 Route 35 Naar East Dubuque,IL 61025 Tel.(815)7478833 FINAL PLAT OF SILVER OAKS PROPERTY OWNER: Royal Oaks Development Corporation for SURVEY REQUESTED BY: A SUBDIVISION OF LOT A OF SILVER OAKS ESTATES IN THE SOUTHEAST QUARTER(SE 114)OF City of Dubuque SECTION 23,TOWNSHIP 88 NORTH,RANGE 2 EAST OF THE 5th PRINCIPAL MERIDIAN, FIELD SURVEY CONDUCTED ON: DUBUQUE COUNTY,IOWA 05/14/13 NW CORNER j ,SE 114 S Br51'19'Wt342.7a' SECTION 3 p "S8 r56'16-W 1326.62' T 88 N,R 2 E LOT 2 I NE CORNER SE CORNER Feat 1.Wotan' ` / NW 1/4 SE 1/4 SECTION 23 Used Ties eo 4' WALTER 7 '' E.t.bH.h Potation / F ""' I SECTION 23 T 88 N,R 2 E wA sK` LOT t PLAC LOT 36 SRo . I Fd.Stan T88N,R2E dard I I j l 5 B900'So'W .a / VF1Z aCS I Fd.3/4'Rebar Control.Monument ! 9 ( `E.7' _ 1er.6B' y'r•iB. LOT 39 ' I s 6'GaW ,. 2611 AT' LOT 40 ESTq 4'' LOT 31 7 7733'59"W c " 3'5 W N 63°26'48'W 41 I n N]57605'W 192.26 Ngo? .9. LOT 47 `` 3 ..ro 1g w"aN.CRE$$ r R-3,50.0°' 42 y^b .4.7' - I` t= 2174.2 EA Arm '9S I ;g a` o L4 Ton r7t26' VAa EONMr r 61 , e-525607' am ArRcs LOT A OF 'ST' q i0 0pO N 2972'58'W t 1 ` J11,9B' ` SILVER OAKS i . L=350.00' N l=323.28' $ i i m 0 Tan=174.19' ` s, ea0' LOT 3 NP g t I o A-52°55'04" I )N 03043'5'W 4 LOT 4 O I NW 114 ( AMS+/.- N 31'26'41'W 1o7sr O SE 1!4 311.69 n NE 114 L3 R'6Bad°' ' m u p I 1-24a78' SE 114 R=500,00' r-lazn'1`. y `E qq`E, EAs-.wwr ro7zo / L=24025 1652:78'E tar r, -yr Tan=17!.78' \23046 LOT 5 1 w LOT A OF A=2r35'I \ LOT 2 $ / S 18°4' E \ \ '' I —/ — — ——— .—— .— ` N 30'4077'W SaaZ 7'r SILVER OAKS 238.43' L2 -40'2 I Soo°so2rE I Vis; — =Vr---- z.oa' / ——— —— — LOT 1 — J` S 74°09'39'W f LOT 9 ( _ 3 163.5Y,,-' 61 xl j I J 65.p A : s 7 '/ 60277 I LOT 30 <' t ' %C h, fV22Y LOT 29 CI8/ ______-_____--- LOT 7 S Ot°5827'E ^of W AKS'G y, 0 104.97 I LOT 28 $_SILVER-0 ---- ^ ` to 10094101 44'' s SW 114 I z $ ES T ! I I i • i °: 4Aear.` SE 114 l yr t o1 i LOT 26 LOT 25 LOT 8 LOT 27 I, "' " E LOT 1 OF I y. SILVER OAKS LOT A.OF LOT 1 WILL BE OWNED BY THE •>y, fy i CITY OF DUBUQUE AND A SILVER OAKS N PUMP STATION CONSTRUCTED I O ON SITE AS PART OF THE L5 N y AIRPORT UTRITY EXTENSION I , LOT 24 Is ,1 \ LOT 9 PROJECT.ACCESS WLL BE I w S/(V ` I V v a FROM US HIGHWAY 61 NIH • APPROVAL OF SPECIAL ACCESS (1) I SE 114 y . E$ PERLIR' LOT 1 OF LOT 2 I SE 114gyd { 88°1712'W .r,p•YR, LOT 23 1 LB 68.74, OF SW-SE SW CORNER I (1)g S 01°5925'E I N 88'14'39'E 3'- 242.52' SE 114 Imo' 423.43' S 00D4'sr'r N 895456'W 2034,84' SECTION 23 24260' N88°1439'E oo trete P-1, T 88 N.R 2 E LY--' 4 Aa• 2658.41' -- Fd.•X'In __........_ N 88°14'39'E SE CORNER T AREA BREAKDOWN SECTION 23 T88N,R2E LEGEND LOT A LOT 1 Fuge C#1508/4 NW 114 SE 114 SW 114 SE 114 SW 1/4 SE 1/4 SET T-BAR with YELLOW FOUND MONUMENT 25.02 ACRES 37.14 ACRES 1.00 ACRE LINE TABLE NORTH 0 SURVEY CAP NO.14052 AS NOTED NE 11/4 SE 114 SE 1!4 SE 114 L7 N 88'14'39-E 200.14' QSECTION CORNER a FOUND T-BAR w/ 9.31 ACRES 14.37 ACRES 5 8950'56'E 200.06' 'FOUND 5/e'RESAR with METAL CAP NO.9781 0.89 ACRES-ROW N 3'35'57'W 9 41' SCALE i" 300' ® ORANGE CAP N0,15084 15.0FIELD MEASUREMENT 8.425- T L3 N 05'01'34'W 107.61' 15.0. PREVIOUSLY RECORDED 4 N 58113'16"W 160.84' 0 75 1 ' ® PCC CONCRETE LOT A TOTAL ACRES-86.73 ACRES 5 S 08.41'01'E 24.By SILVER OAK TOTAL ACRES-87.73 ACRES L6 NS8817'12' 'r 1 2'2 ,s .srrrrrrr„4 I hereby certify that this land surveying document was 0. `j4G , prepored and the related survey work was performed by PLAT OF SURVEY T ^^ RC(,, '1 y me or under my direct parsonol supervision and that I ' ..........- ",•, . am a dut licensed Land Surveyor under the laws of the Drawn b><Cv4 Prober Na.:7m.a7 v y Yb -NW t/4_ __ t/4_- Q State of Iowa. Drawng Gate 91)7114 i y' DrewMg NanarVnr.W-090uanyrrrlAYlW-Ba,+ar,71sV„e7pr,en!• DANIEL J • ' 1': 23----F-- HINGTGEN .m_ • 14052 : 07 !c. SW'I/4_ ; Dgt d Surveyor Date on %'•.,••,,. •* .` License nu e7': 14052 IOWA registration renewal date is December 31, 2016 Suaveyy Locaton My re yr4rrrrrrr.t' t `,, 9 eginrz.pxnnes.U•dwrve/os TBSN R2i Pages or sheets covered by this seal: SHEET 1 of 2 n SILVER OAKS, DUBUQUE COUNTY, IOWA SURVEYOR'S CERTIFICATE I, Dan Hingtgen, a duly Licensed Land Surveyor authorized to practice in the State of Iowa, do hereby certify that at the instance and request of the City of Dubuque, Iowa, I surveyed the following described tract of real estate located in Dubuque County,Iowa,To Wit: LOT A IN SILVER OAKS ESTATES IN THE SE 1/4 OF SECTION 23, TOWNSHIP 88 NORTH,RANGE 2 EAST OF THE 5th PRINCIPAL MERIDIAN, DUBUQUE COUNTY,IOWA; for the purpose of subdividing and platting said real estate, henceforth to be known as Lots 1 and Lot A,of SILVER OAKS in Dubuque County, Iowa,the plat of which is attached hereto and made a part of this certificate; that said real estate was surveyed by me in September, 2014, and staked out and platted into lots as shown on said plat; that said plat sets forth the boundaries thereof, and the size and dimensions of all lots and easements in accordance with said survey; that the corners are marked with 5/8 inch rebar and yellow caps bearing the number 14052 or found existing monuments,and all dimensions on said plat are shown in feet and decimals thereof. IN WITNESS THEREOF, I have hereunto signed my name and affixed my seal this 14', day of January,2015. WHKS&co. Np,1.ENQlN�9�� :2• 4 . DANIEL J. :) ne HINGTGEN :I- Daniel J.H' n 14052 'n� Professiona nd Surveyor No. 14052 1701 Route 35 North �°••.. ..•• �oEast Dubuque,IL 61025-9689 ua�`0 License Renewal Date December 31,2016 Proprietor: Royal Oaks Development Corporation .0-.0000 WI*S, ��� +end surveyors ProSheet 2 of 2 QWNER'S CONSENT Dubuque County, Iowa -Akgt4,_ yA , 2014 The foregoing plat of SILVER OAKS is made with free consent and in accordance with the desire of the undersigned owner and proprietor(s)of said real estate. �1. �OiegkPresident V NOTARY CERTIFICATE STATE OF IOWA ) ss. COUNTY OF DUBUQUE } On this 151& day of 1ILd. Xl _ . A.D. 2014, before me, a Notary Public in and for said State, personally appeared A.J. Spiegel, to me known to be the identical person named in and who executed the foregoing instrument and acknowledged that executed the same as a voluntary act and deed. THOMAS 1 ALLINDORF {� C M mittlon Numb 1X�es Notary Public in the State of Iowa 0�W� Commission Expires: ATTORNEY Dubuque, Iowa 3° , 2015. TO WHOM IT MAY CONCERN i This will certify that I have examined the Abstract of Title covering the real estate platted i on the foregoing plat of subdivision of Lot A of SILVER OAKS ESTATES, according to the recorded plats hereof covering the period from Government Entry to December 16, 2014, 8:00 A.M., certified on that date by Abeln Abstract & Title Company and find that # t said Abstract shows good and merchantable title to said real estate in Royal Oaks # Development Corporation, an Iowa Corporation, free and clear of all liens and j encumbrances and shows taxes paid including taxes for the First Half Fiscal Year 2013- 2014 and prior years, subject to a mortgage granted by A. J. Spiegel, President of Royal Oaks Development Corporation to Dubuque Bank & st, Instrument #2007-14647, t i dated September 19, 2007. ^ # B ny A. Lindahl A omey-at-Law # I( i 1 f 3 l 1 1 I P i i I # e i # I w I i # CONSENT TO PLAT Dubuque, Iowa r Dubuque Bank & Trust, Mortgagee pursuant to a mortgage dated September 19, 2007, filed September 25, 2007, Instrument Number 2007-14647, records of Dubuque County, Iowa, hereby consents to the Final Plat of Silver Oaks in the SE '/ of Section 23, Township 88 North, Range 2 East of the 5t' P.M., Dubuque County, Iowa. DUBUQUE BANK&TRUST By: Rayne Krambeer, Vice President STATE OF IOWA ) } SS COUNTY OF DUBUQUE ) On this 3r'& day of RLL r,k 2015, before me the undersigned, a Notary Public in and for the State of Iowa personally appeared Rayne Krambeer, to me personally known, who, being by me duly sworn, did say that he is the Vice President of Dubuque Bank & Trust, executing the instrument to which this is attached and that as said Vice President of Dubuque Bank & Trust, acknowledged the execution of said instrument to be the voluntary act and deed of said company, by it and by them voluntarily executed. WME Notary Public, State of Iowa MAWTr DUBUQUE COUNTY TREASURER Dubuque, Iowa 2W* 2,C �/`r`4 cS�iC�lhccn I, the undersigned, , Treasurer of Dubuque County, Iowa, do hereby certify that all taxes and special assessments levied LOT A IN SILVER OAKS ESTATES LOCATED IN THE SE 114 OF SECTION 23, TOWNSHIP 88 NORTH, RANGE 2 EAST DUBUQUE COUNTY. IOWA HEREAFTER, KNOWN AS SILVER OAKS have been paid and said real estate is free and clear of all taxes as of this date. County Treasurer of Dubu e C ty, Iowa DUBUQUE COUNTY ASSESSOR Dubuque, Iowa The foregoing plat of L)JEB OAKSi reby entered of record in the office of the Dubuque County Assessor this _day of204*.— C6unAssqqsoro f Dubuque County, Iowa 64 w4l�-, DUBUQUE COUNTY AUDITOR u e, Iowa ) U , 2944 Za The foregoing plat of SIL AKS was entered of r in the office of the Dubuque County Auditor this day o , 20+4. We approve of the subdivision name or title to be recorded. County Auditor of Dubuque County, Iowa DUBUQUE COUNTY BOARD OF HEALTH Dubuque, laws r , 2015 The foregoing plat of SILVER OAKS is hereby approved by the Dubuque County Board of Health and approval of said plat by the Dubuque County Board of Supervisors is hereby recommended. Dubuque County Board of Health Chairperson CITY OF DUBUQUE PLANNING SERVICES Dubuque, Iowa V�. .1 , 2014 The foregoing plat of SILVER OAKS, being within the jurisdiction of the City of Dubuque, Iowa, has been reviewed by the City Planner, (or designee) of the City of Dubuque in accordance with Chapter 42 of the City of Dubuque Code of Ordinances, and said approval has been endorsed herein on the date first written above. Dubuque, Iowa Planning Services Division, City of Dubuque, Iowa City Planner DUBUQUE COUNTY PLATS OFFICER Dubuque, Iowa — lkge,� L3 _ , 2015 I, the undersigned, Anna O'Shea, Dubuque County Plats Officer, has received and examined for compliance with the Dubuque County Platting and Subdivision ordinance the foregoing plat of SILVER OAKS and has found the plat to be acceptable. Plats Officer of Dubuque County DUBUQUE COUNTY ZONING COMMISSION Dubuque, Iowa _ w--C-e4l, _ / _, 2015 The foregoing plat of SILVER OAKS is hereby approved by the Dubuque County Planning and Zoning Commission and approval of said plat by the Dubuque County Board of Supervisors is hereby recommended. uq County Planning and Zoning Commission arson DUBUQUE COUNTY ENGINEER'S CERTIFICATE Dubuque, Iowa7--z3- _ , 2015 The foregoing plat of SILVER OAKS has been reviewed for compliance with the current Dubuque County Platting and Subdivision regulations, an has been approved by the County Engineer of Dubuque County, Iowa this 7-3 day of , 2015. County Engineer of Dubuque County, Iowa DUBUQUE COUNTY BOARD OF SUPERVISORS Dubuque, Iowa G,3-, , 2015 The Dubuque County Board of Supervisors of the County of Dubuque, Iowa do hereby certify that the foregoing plat of SILVER OAKS has been filed in the office of the County Board of Supervisors and, that by Resolution No. if •04-g the Dubuque County Board of Supervisors have reviewed and approved said plat. Chairperson Attest: �'` • '-�� `' Dubuque County Auditor DUBUQUE COUNTY AUDITOR Dubuque, Iowa AeArek _K 2015 The foregoing plat of SILVER OAKS was entered of record in the office of. the-,Dubuque . County Auditor this 2--S-% day of �Ad , 2015,,W0 4*rovi� of the subdivision name or title to be recorded. CounnAu�d^it�or of Dubuque`s wa "=' to 25� DUBUQUE COUNTY RECORDER »' Dubuque, Iowa 2015 The foregoing plat of SILVER OAKS has been received and reviewed by the Dubuque County Recorder. _ j0 k Nuf County Recorder of Dubuque County, Iowa d,.Y� �A RESOLUTION- /6.0 48 WHEREAS,there has been presented to the Dubuque County Board of Supervisors a Final Plat of Survey for,SILVER OAKS,a subdivision of Lot A of Silver Oaks Estates in the SE 1/4 of Section 23, TUN,R2E of the 5t°PM,Table Mound Township,Dubuque County,Iowa;and WHEREAS,said plat will create two(2)lots,namely Lot 1 and Lot A of Silver Oaks in Section 23,Table Mound Township,Dubuque County,Iowa;and WHEREAS,said final plat has been examined and approved by the City of Dubuque and the City of Dubuque Planning&Zoning Department;and WHEREAS,said plat has been examined by the Dubuque County Planning and Zoning Commission,Dubuque County Board of Health,Dubuque County Engineer,Dubuque County Treasurer and the Dubuque County Plats Officer and has their approval endorsed thereon;and WHEREAS,said plat has been examined by the Board of Supervisors of Dubuque County,Iowa, and they find the same conforms to the statutes and other regulatory ordinances and resolutions. NOW,THEREFORE,BE IT RESOLVED,by the Board of Supervisors of Dubuque County, Iowa: Section 1. That the above described property is within the R-2,Single Family Residential district,thus subject to all the requirements of that district. Section 2. That the above described plat be and is hereby approved and the Chairperson of the Board of Supervisors is authorized and directed to endorse the approval of Dubuque County,Iowa upon said plat. PASSED,ADOPTED AND APPROVED by the Dubuque County Board of Supervisors on this 23`d day of March,2015. t� Chair,B d of Supervisors ATTEST: Dubuque County Auditor THE CITY OF DUB MEMORANDUM Masterpiece on the Mississippi TRACEY STECKLEIN PARALEGAL MEMO To: Trish Gleason Assistant City Clerk DATE: April 10, 2015 RE: April 6, 2015 Original Executed April 6, 2015 Agenda Documents Trish: Attached for your file are the following original executed documents which were approved at the April 6, 2015 City Council meeting: 1, Easement Agreement between the City of Dubuque and William D. Tracy and William C. and Kay J. Tracy, dated March 20, 2015; 2. Easement Agreement between the City of Dubuque and Patricia F. Furuseth, dated March 10, 2015; and 3. Offer to Buy Real Estate from O'Rourke Farms LLC, dated March 12, 2015. We will retain a copy of each of these in our files. Also approved at the April 6, 2015 City Council meeting were the Grants of Easements regarding Tracy, Furuseth, and O'Rourke Farms LLC, as well as Resolution No. 106-15 Accepting Deed to Lot 1 of Silver Oaks from Royal Oaks Development Corporation, which I took to the Recorder's Office yesterday for recording. As soon as those recorded documents are returned to us, I will forward those as well. Attachments cc: Todd Irwin, Engineering Tech F:\USERS\tsteckle\Lindahl\Memos\Gleason_OriginalExecutedApril6AgendaDocs_041015.doc 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 tsteckle@cityofdubuque.org IIIIIIII 1101111101 110111011 mill iu 11 Doc ID 008215620004 Type GEN Kind: DEED WITH RESOLUTION Recorded: 04/09/2015 at 04:16:24 PM Fee Amt: $27.00 Page 1 of 4 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder File2015-00004144 WARRANTY DEED (CORPORATE GRANTOR) THE IOWA STATE BAR ASSOCIATION Official Form No. 104 Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, IA 52001 563.583.4113 Taxpayer Information: (Name and complete address) City of Dubuque, Iowa 50 W. 13th Street, Dubuque, IA 52001 Return Document To: (Name and complete address) Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, IA 52001 Grantors: Grantees: Royal Oaks Development Corporation City of Dubuque, Iowa Legal description: See Page 2 Document or instrument number of previously recorded documents: © The Iowa State Bar Association 2013 IOWADOCS® THE IOWA STATE BAR ASSOCIATION Official Form No. 104 Barry A. Lindahl FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER l For the consideration of and other valuable consideration, WARRANTY DEED (CORPORATE GRANTOR) one Dollar(s) Royal Oaks Development Corporation a corporation organized and existing under the laws of Iowa does hereby Convey to the City of Dubuque, Iowa the following described real estate Lot 1 of Silver Oaks in Section recorded plat thereof EXC.-TAM- P€R `.omaR CAm, The Corporation hereby covenants the real estate by title in fee the real estate; that the real may be above stated; and it lawful claims of all persons, except Words and phrases herein, singular or plural number, according Dated: April 3, 2015 in Dubuque County, Iowa: Iowa, according to the in interest, that it holds to sell and convey encumbrances, except as real estate against the be construed as in the Development Corporation 23, Table Mound Township, Dubuque County, 4` A .10 with grantees, and successors simple; that it has good and lawful authority estate is free and clear of all liens and covenants to Warrant and Defend the as may be above stated. including acknowledgment hereof, shall to the context. Royal Oaks STATE OF IOWA , a(n) Iowa co .ora ion By ierr , A. J. Spiegel By COUNTY OF Dubuque This record was acknowledged by A. J. Spiegel before me this 3rd day of April , 2015 , as President of Royal Oaks Development Corporation . a� . ./.�?.0 volt/. s o , . IOWA N®RAN M. Le4RSON1 'Y',(�,�./I COMMISSION No. 137222 MY Cal, ' ISSI •N EXPIRES r Signature of Notary Public © The Iowa State Bar Association 2013 104 WARRANTY DEED (CORPORATE GRANTOR) 10WADOCS® Revised August 2013 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. 106-15 ACCEPTING THE DEED TO LOT 1 OF SILVER OAKS IN SECTION 23, TABLE MOUND TOWNSHIP, DUBUQUE COUNTY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF FROM ROYAL OAKS DEVELOPMENT CORPORATION Whereas, the City of Dubuque, Iowa and Royal Oaks Development Corporation entered into a Pre -Annexation Agreement dated for reference purposes the 18th day of August, 2014; and Whereas, the Agreement provided among other things that Royal Oaks Development Corporation would convey to the City certain real estate for a Booster Station for the Airport Utility Extension Project; and Whereas, the terms and conditions of the Agreement with respect to the donation of the Booster Station lot have been met. 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 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 6th day of April, 2015. Attest: Trish L. Gleason, Assistant City Clerk Roy D. Buol, Mayor STATE OF IOWA CERTIFICATE of the CITY CLERK ) 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. 106-15 is a correct copy of the original Resolution No. 106-15 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 6th day of April, 2015. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 7t" day of April, 2015. Trish L. Gleason, Assistant City Clerk • ° t TP 4 IIII OI 1011 11 111 11 II0 11 Il Doc ID 008215850002 Type GEN Kind: PARTIAL RELEASE OF MORTGAGE Recorded: 04/10/2015 at 11:25:21 AM Fee Amt: $12.00 Page 1 of 2 Dubuque County Iowa John Murphy Recorder File2015-00004163 PARTIAL RELEASE OF REAL ESTATE MORTGAGE THE IOWA STATE BAR ASSOCIATION Official Form #130 Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Barry A. Lindahl 300 Main Street, Suite 330, Dubuque, Iowa 52001 (563) 583-4113 Taxpayer Information: (Name and complete address) Dubuque Bank & Trust, 1398 Central Avenue, Dubuque, Iowa 52001 Return Document To: (Name and complete address) Barry A. Lindahl 300 Main Street, Suite 330, Dubuque, Iowa 52001 Grantors: Dubuque Bank & Trust Grantees: Royal Oaks Development Corporation Legal description: See Page 2 Document or instrument number of previously recorded documents: 2007-14647 The Iowa State Bar Association 2012 IOWADOCS® THE IOWA STATE BAR ASSOCIATION Official Bao�/�'�udak mnne�����nems� THIS FORM, CONSULT YOUR LAWYER 0 �' *71 PARTIAL RELEASE OF REAL The undexeigned, the present owner(a) of conoideration, receipt of which is hereby ecknmw|edged, real estate situated in I}ubo]gc County, !ovva, ESTATE MORTGAGE the mortgage hereinafter described, for valuable do hereby acknowledge that the following described to wit: D County, lowa, according to t.he executed by Ro al Oaks Development l.ctl ofSi|vcr0obob`Sec�on23,IahleyWnuudTownship, recorded plat thereof is hereby released from the tien of the reat estate mortgage, Corporation dated September 19, 2007 , recorded in the records of the Office of the Recorder reference number 2007-14647 of the County of Dubuque . State of |ovve, recorded as document the mortgage tien and alt above described. construed as in the singutar or . specificalty reserving and retaining in the mortgage herenf, shall be to the context. 2.0/c mortgage rights against all of the remaining property emhraced Words and phrases herein, including acknowledgment plural, and as masculine, feminine or neuter gender, according Dated this .24- day of A.~-'1 . REPRESENTATIVE CAPACITY ACKNOWLEDGMENT STATE OF Iowa COUNTY OF Dubuque Bank & Trust °l by: uvuc16 Dubuque -ambeer,Vice President . 0/5". This record was acknowledged by -"V\ 4 ����n~ ��c� before me this day of '/4676-• ": I � ��m'r as V;L., Vr^ a�x^r�7 of Duhiique Bank & Trust . /7 2 My Commission Expires -r)��— Signature = of Not ry Public . . P. |N0NDUALACKNOWLEDGMENT STATE OF . COUNTY OF This record was acknowtedged by before me this day of . NOTE: Signature of Notary Public For complete release of real estate rnortgage, see ISBA Form No, 129. 0The /owaState Bar Association zv,` 130 PARTIAL RELEASE OF MORTGAGE Doc ID: 008215630002 Type: GWH Kind: GROUNDWATER HAZARD Recorded: 04/09/2015 at 04:17:05 PM Fee Amt: $0.00 Page 1 of 2 Dubuque County Iowa John Murphy Recorder File2015-00000472 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name Royal Oaks Development Corporation Address 50 Mi -T -M Drive Peosta Iowa 52068 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name City of Dubuque, Iowa Address 50 West 13th Street Dubuque Iowa 52001 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: n/a Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) Lot 1 of Silver Oaks in Section 23, Table Mound Township, Dubuque County, Iowa, according to the recorded plat thereof 1. Wells (check one) //There are no known wells situated on this property. There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) V There is no known solid waste disposal site on this property. _ There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) i/ There is no known hazardous waste on this property. _ There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) ,% There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) _ There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) 2015-Li1 Liu 5. Private Burial Site (check one) L'` There are no known private burial sites on this property. _ There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) buildings on this property are served by a public or semi-public sewage disposal system. This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. _ There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] _ This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: _ The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: FILE WITH RECORDER Telephone No.: (563) 556-7484 DNR form 542-0960 (July 18, 2012)