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Sale of Property at 1513 Washington Street_Public Hearing Copyright 2014 City of Dubuque Public Hearings # 1. ITEM TITLE: Sale of Property at 1513 Washington Street SUMMARY: Proof of publication on notice of public hearing to approve the disposal of City-owned property located at 1513 Washington Street to Community Housing Initiatives, Inc. (CHI), Restrictive Covenant and Special Warranty Deed, and the City Manager recommending approval. RESOLUTION Approving the sale of real estate located at 1513 Washington Street by Deed to Community Housing Initiatives, in the City of Dubuque, Iowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type ❑ 1513 Washington Street Sale-MVM Memo City Manager Memo ❑ Memo Staff Memo ❑ Resolution Resolutions ❑ Special Warranty Deed Supporting Documentation ❑ Restrictive Covenant Supporting Documentation ❑ Proof of Publicaiton- 1513 Washington Street Supporting Documentation THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Sale of City-Owned Property at 1513 Washington Street DATE: May 26, 2015 Housing & Community Development Department Director Alvin Nash requests the City Council approve the Restrictive Covenants requiring the property be owner-occupied for a period of 21 years and a Special Warranty Deed for the sale of City-owned real property located at 1513 Washington Street to Community Housing Initiatives, Inc. As part of the Washington Neighborhood Housing Partnership Agreement between the Community Housing Initiative and the City of Dubuque dated August 18, 2014, the City agreed to invest $500,000 with Community Housing Initiatives for the purpose of the Project in Dubuque's Washington Neighborhood as part of the comprehensive neighborhood revitalization initiative. Community Housing Initiatives has agreed to accept 1513 Washington Street as a part of the City's Memorandum of Understanding with Community Housing Initiatives. It will be counted as $25,000 toward the $500,000 obligation. Community Housing Initiatives has agreed to rehabilitate and resell this property as a single-family structure, owner- occupied. This property was once a rental so by doing this it will bring one more owner- occupied property to the neighborhood. There will be no income restrictions on the persons purchasing the property as there will be no federal funded program money being used. I concur with the recommendation and respectfully request Mayor and City Council approval. Micliael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Alvin Nash, Housing & Community Development Department Director 2 THE CITY OF Dubuque DUB 1114mericaCi y 1111. Masterpiece on the Mississippi 2007.2012.2013 TO: Michael Van Milligen, City Manager FROM: Alvin Nash, Housing & Community Development SUBJECT: Sale of City-owned property at 1513 Washington Street DATE: May 27, 2015 Introduction The purpose of this memorandum is to request approval of the attached resolution and Special Warranty Deed for the sale of City owned property at 1513 Washington Street. Discussion On May 18, 2015, the City Council, passed Resolution No. 167-15, declaring its intent to dispose of City-owned property at 1513 Washington Street. This home was acquired by the Housing Department to be rehabbed and resold according to the Washington Neighborhood Incentives Program. CHI has agreed to accept 1513 Washington Street as a part of the City's Memorandum of Understanding with CHI. It will be counted as $25,000 toward the $500,000 obligation. CHI has agreed to rehabilitate and resell this property as a single-family structure, owner-occupied. This property was once a rental so by doing this it will bring one more owner-occupied property to the neighborhood. There will be no income restrictions on the persons purchasing the property as there will be no federal funded program money being used. 1513 Washington Street was purchased using general obligations bonds. Action Step I request that the City Council passes, approves, and adopts the attached resolution, the Restrictive Covenants for Residential Real Estate for a period of twenty-one (21) years and Special Warranty Deed for the sale of 1513 Washington Street. Prepared by Kris Neven, Housing & Community Development, 350 W. 6th St., Dubuque, IA, 52001, (563) 589-4231 Return to Kevin Firnstahl, City Clerk, 50 W. 13th St., Dubuque, IA 52001, (563) 589-4121 RESOLUTION NO. 194-15 APPROVING THE SALE OF REAL ESTATE LOCATED AT 1513 WASHINGTON STREET BY DEED TO COMMUNITY HOUSING INITIATIVES, IN THE CITY OF DUBUQUE, IOWA WHEREAS, the City of Dubuque, Iowa (City) is the owner of real property at 1513 Washington Street legally described as The North half (1/2) of Lot 77 in East Dubuque, an Addition to the City of Dubuque, Iowa, according to the recorded plat thereof, as granted by Deed Record K, page 619, records of Dubuque County, Iowa; and WHEREAS, City acquired the property for the purpose of its restoration and re -sale for owner -occupied housing in the Washington Neighborhood; and WHEREAS, the City and Community Housing Initiatives (CHI) have entered into an Agreement pursuant to which City will convey the Property to CHI and CHI will rehabilitate the Property consistent with the Washington Neighborhood Revitalization Strategy as approved by the City Council; and WHEREAS, on June 1, 2015, the City Council pursuant to notice published as required by law held a public hearing on its intent to dispose of the foregoing interest in the Property and overruled all objections thereto; and WHEREAS, the City Council finds that it is in the best interest of the City to approve the disposition of such interest in the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque approves the disposition of the City's interest in the following legally described property: The North half (1/2) of Lot 77 in East Dubuque, an Addition to the City of Dubuque, Iowa, according to the recorded plat thereof, as granted by Deed Record K, page 619, records of Dubuque County, Iowa Section 2. The Mayor is hereby authorized and directed to sign this Resolution and the Special Warranty Deed conveying the City's interests to Community Housing Initiatives for the herein -described real estate. Section 3. The City is Clerk is hereby authorized and directed to provide a certified copy of this Resolution to the Housing & Community Development Department for recording in the Office of the Dubuque County Recorder. Passed, approved and adopted this 1st day of June, 015. Attest: Kevin F°irnstahl, Oily CI Roy D. Buo Mayor 3 STATE OF IOWA {SS: j DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: May 22, 2015, and for which the charge is $49.01. Subscribed to before me, Notary Public in and for Dubuque County, Iowa, this day of 120 /,5- 41 Notary Public in and for Dubuque County, Iowa. piA1 MARY K.WESTERMEYER r � •p x r commissian Nmmber 154888 +over EAv Cama, F,np, FEB, 1,2017 Dubuque,lowa(City)is (CITY OF DUBUQUE, I the ` (the owner of ' the IOWA•OFFICIAL 1 Washington Street( NOTICE Property) legally des- PUBLIC NOTICE is cribed as: 11 hereby given that Ah e` The North half(1/2)of City Council of"the City l Lot 77 in East Dubuque, of Dubuque, Iowa,'will I an Addition to the City hold°a,public"hearing of Dubuque,' Iowa, o'n te 1st „day of.June,� according to 201.5'h-i z O p m..in,tite recoded plat•thereof,; Historic"Federal-Build- as granted by Deed, ing, West 6th” Record K, p 350age street," second, floor, records 'of �Dubuque Dubuque, ,Iowa, at County,lowa;'and uvhicli'"meeting the City Whereas, City ac- Council, proposes to quired the Property for dispose of',an interest the : purpose:'of its e following"des- restoration and re-sale in th cribed`real,r'o erty. cu by housing vin 'the Wfor ash- sale to Community ington Neighborhood; Housing Initiatives and (CHI), an'Iowa non Whereas, City and profit corporation: Community Housing The North half(1/2)of Initiatives (CHI) en- Lot77'i.nEaStDUbuque, tered 'inta.anAgree an Atldition to the City ment pursuant to .I of , Dubuque, Iowa, which•"City will convey according' to " the the Property'to CHI recorded plat thereof, and,: CHI ;will. �reha- as -granted by Deed bilitate the Property'-I Record K,`page 619, consistent .with the records.'of Dubuque Washington Neighbor County, Iowa,- 1513hood Rev.italization!� Washington Street Strategy as,approved` Cityt the Councmeeil ng'willll and the City Council;. receive. oral, •and whereas; conveying written comments the'Property to CHI is from any,resident or consistent with. both property owner,of-,said the Washington Neigh- City. to -the .above iborhood Revitalization action. Written com- Strategy and the City's' ments regarding the intentfor.this specific above public hearing property;and. may be' submitted o Whereas,City desires the,City Clerks Office, to hold the required' City Hall;50:',W.,:`13th public_ hearin and Streets on.,or "befpre conveyance, sof, the said time of public Property to Ctl. fearing. NOW,THEREFORE,BE Copies of supporting IT RESOLVED BY THE documents' for the CITY.000NC,IL OF THE public fiearings are on CITY OF DUBUQUE;:'I file in the City Clerk's I IOWA: Office, and may be Section 1.,That the viewed during normal City' Council "shall working hours. conduct a public hear- Any visual or hearing ing,,on the proposed;' impaired persons need disposition of real in,g special,assistance estate in the City pe or rsons with special Council Chambers at accessibility needs the Historic Federal should contact the City Building, 350 W.,.6th Clerk's Office at (563)- Street, Dubuque, Iowa 589.410D or TTY (563) on the 1st day of"June, J 690-6678 at least 48 2015 beginning at 6:30 hours prior to the p m; meeting. Section 2"That the Dated this 22nd day of City. Clerk be and is'� May;2015; Kevin' hereby authorized and S.Firnstahl, City Clerk notice to" publish RESOLUTION noticeeof the public NO.167-15 hearing in .the form INTENT TO DISPOSE attached hereto, ac OF AN INTEREST IN cording to law. CITY OF DUBUQUE Passed approved and REAL ESTATE;'SET- adopted this 18th day TING A TIME AND of May 2015. • PLACE.FOR HEARING /s/Lynn U.Sutton, AND PROVIDING FOR AND Pro Tem it S. THE PUBLICATION OF Attest:hl, Kevine NOTICE THEREOF It 5/tahl,CityClerk 'Whereas,the City=of It 5/22 l i p3 S ii 1111111111111111111111 11111111 1111111 111111111 iii 11111111 ilii ilii Doc ID 008253060003 Type. GEN Kind: RESTRICTIVE COVENANTS Recorded: 06/04/2015 at 03:17:57 PM Fee Amt: $17.00 Page 1 of 3 Dubuque County Iowa John Murphy Recorder File2015-00006986 Prepared by Crenna Brumwell, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381 Return to Crenna Brumwell, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381 RESTRICTIVE COVENANTS FOR RESIDENTIAL REAL ESTATE KNOW ALL PERSONS BY THERE PRESENT that the City of Dubuque, Iowa (City), the owner of the following premises situated in the City of Dubuque, Iowa: The North half (1/2) of Lot 77 in East Dubuque, an Addition to the City of Dubuque, Iowa, according to the recorded plat thereof, as granted by Deed Record K, page 619, records of Dubuque County, Iowa; and does hereby establish and place the following restrictive covenants on the Real Estate: 1513 Washington Street 1. The Real Estate shall be known and described as residential Real Estate, and shall not be improved, used or occupied for other than one (1) private single-family residential use. The Real Estate and any part thereof must be owner occupied. Rental of the Real Estate is not allowed. No portion of the Real Estate can be rented as an apartment. 2. The City has the right to enforce, by any proceedings in law or in equity, all restrictions, conditions and covenants now or hereafter imposed by the provisions of these restrictive covenants. 3. These covenants shall be filed for record in the office of the Dubuque County Recorder and all covenants, agreements, promises and representations herein stated shall be deemed to be covenants running with the Real Estate and shall endure and be binding on the parties hereto, their mortgagees, lienholders, successors and assigns, for a period of twenty-one (21) years from the date of the recording of these covenants. The City has the right to renew these covenants for successive twenty-one (21) year periods. 4. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. 5. The waiver of any violation or failure to enforce any such restrictions, easements, and covenants shall not in any event operate as a waiver, impairment or abrogation of same, or the right to enforce the same in the event of any future or other breach of the same of any other restriction, easement, rule or covenant, by the same or any other person. 6. These restrictions, easements, rules and covenants shall be construed under and in accordance with the laws of the State of Iowa. The foregoing provisions encumber the Real Estate described as: The North half (1/2) of Lot 77 in East Dubuque, an Addition to the City of Dubuque, Iowa, according to the recorded plat thereof, as granted by Deed Record K, page 619, records of Dubuque County, Iowa — 1513 Washington Street Executed by the respective signatories effective the date first above written. CITY OF DUBUQUE, IOWA ATTEST: Kevi S. Firnstahl, Cit Jerk 2 OWNER By: Community Housing Initiatives (CHI) By: On this 1st day of June, 2015, before me, a Notary Public in and for said state, personally appeared Roy D. Buol and Kevin S. Firnstahl known to me to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. r) to of Iowan> >;"E Notary Public in the S My Commission expires C" DZ" f,' F� On this 1st c(ay of Ju e, 2015, before me, a Notary Public in and for said state persof Allyl i ; appeared v known to me to be the person(s) named in and who executed the foregoing instrument, and acknowledge that they executed the same as their voluntary act and deed. 3 °C00, LLC/:„.„, Notary Public in th State of Iowa c:1-2-- rA 4. My Commission expires 1 iiiiii 1 i 111 io hili 111 iii 1 1i 0 111 1111111 11111111111111111 Doc ID 008253070003 Type GEN Kind RESOLUTION Recorded: 06/04/2015 at 03:18:20 PM Fee Amt: $17.00 Pape 1 of 3 Dubuque County Iowa John Murphy Recorder File2015-00006987 Prepared by Kris Neven, Housing & CommunitDevelopment, 350 W. 6th St., Dubuque, IA, 52001, (563) 589-4231 Return to Kevin Firnstahl, City Clerk, 50 W. 13th St., Dubuque, IA 52001, (563) 589-4121 RESOLUTION NO. 194-15 APPROVING THE SALE OF REAL ESTATE LOCATED AT 1513 WASHINGTON STREET BY DEED TO COMMUNITY HOUSING INITIATIVES, IN THE CITY OF DUBUQUE, IOWA WHEREAS, the City of Dubuque, Iowa (City) is the owner of real property at 1513 Washington Street legally described as The North half (1/2) of Lot 77 in East Dubuque, an Addition to the City of Dubuque, Iowa, according to the recorded plat thereof, as granted by Deed Record K, page 619, records of Dubuque County, Iowa; and WHEREAS, City acquired the property for the purpose of its restoration and re -sale for owner -occupied housing in the Washington Neighborhood; and WHEREAS, the City and Community Housing Initiatives (CHI) have entered into an Agreement pursuant to which City will convey the Property to CHI and CHI will rehabilitate the Property consistent with the Washington Neighborhood Revitalization Strategy as approved by the City Council; and WHEREAS, on June 1, 2015, the City Council pursuant to notice published as required by law held a public hearing on its intent to dispose of the foregoing interest in the Property and overruled all objections thereto; and WHEREAS, the City Council finds that it is in the best interest of the City to approve the disposition of such interest in the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque approves the disposition of the City's interest in the following legally described property: I/706 ate (2 .,. The North half (1/2) of Lot 77 in East Dubuque, an Addition to the City of Dubuque, Iowa, according to the recorded plat thereof, as granted by Deed Record K, page 619, records of Dubuque County, Iowa Section 2. The Mayor is hereby authorized and directed to sign this Resolution and the Special Warranty Deed conveying the City's interests to Community Housing Initiatives for the herein -described real estate. Section 3. The City is Clerk is hereby authorized and directed to provide a certified copy of this Resolution to the Housing & Community Development Department for recording in the Office of the Dubuque County Recorder. Passed, approved and adopted this 1st day of June, 015. Attest: Kevin hirnstahl, Ci y CI /72-41 Roy D. Buo Mayor STATE OF IOWA CERTIFICATE of the CITY CLERK ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, 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. 194-15 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 2nd day of June, 2015. Kevin Firnstahl, MC, Clerk II 111011 lII U0I 0II 1 11 11 11 0110 1101 IMII Doc ID: 008253080002 Type GEN Kind: SPECIAL WARRANTY DEED Recorded: 06/04/2015 at 03:19:02 PM Fee Amt: $17.00 Page 1 of 2 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder File2015-00006988 A'EA SPECIAL WARRANTY DEED d 1 THE IOWA STATE BAR ASSOCIATION Official Form #105 Recorder's Cover Sheet 7 r cx . ,0 Preparer Information: (Name, address and phone number) Crenna Brumwell, 300 Main Street, Suite 330, Dubuque, IA 52001, Phone: (563) 589-4381 Taxpayer Information: (Name and complete address) Community Housing Initiatives, Inc. (CHI), 14 W. 21st Street, Suite 3, PO Box 473, Spencer, IA 51301 Return Document To: (Name and complete address) CHI, 14 W. 21st Street, Suite 3, PO Box 473, Spencer, IA 51301 Grantors: Grantees: City of Dubuque Community Housing Initiatives, Inc. Legal description: See Page 2 Document or instrument number of previously recorded documents: m The Iowa State Bar Association 2005 IOWADOCS'a THE IOWA STATE BAR ASSOCIATION Official Form No. 105 CTenna Bramwell FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER �, 9TAa7r P. 7 . ssei o -s° For the consideration valuable consideration, SPECIAL WARRANTY DEED of One Dollar(s) and other - //- City of Dubuque, Iowa, a municipal coproration do hereby Convey to Community Housing Initiatives, Inc., an Iowa non-profit corporation the following described The North half (1/2) of Lot the recorded plat thereof, as This deed is exempt according This Deed is given pursuant Dubuque adopted the/*day been fulfilled. Grantors do Hereby Defend the real estate them, except as may be of dower, homestead and Words and phrases singular or plural n nib- Dated: , /0, real estate in Dubuque County, Iowa: Iowa, according to Dubuque County, Iowa City Council of the City of thereof, if any, having interest to Warrant and by, through or under relinquishes all rights be construed as in the to the context. 77 in East Dubuque, an Addition to the City of Dubuque, granted by Deed Record K, page 619, records of to Iowa Code 428A.2(6). to the authority of Resolution No./ -15 of the of pl///7e_, 2015, the terms and conditions Covenant with Grantees and successors in against the lawful claims of all persons claiming above stated. Each of the undersigned hereby distributive share in and to the real estate. herein, including acknowledgment hereof, shall r, and as masculine or feminine gender, according L' -r-, City of D uque, Iowa (Grantor) (Grantor) • (Grantor) STATE OF IOWA , COUNTY OF DUBUQUE (Grantor) ti , r)10-5, This record was acknowledged by Roy D. Buol, before me this /5/- day of Mayor . 77K:' ) OW ML AF .... _ rew>, PAMELA J. P1cCA6RRON y Signaturef Commission Number 772419 My Comm. Exp .2G2, Public © The Iowa State Bar Association 2013 Special Warranty Deed 10WADOCSE Revised August 2013 hili iii ilii Doc ID 008253090003 Type. GWH Kind GROUNDWATER HAZARD Recorded: 06/04/2015 at 03:19:15 PM Fee Amt: $0.00 Page 1 of 3 Dubuque County Iowa John Murphy Recorder File2015-00000849 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name City of Dubuque, a municipal corporation Address 50 W. 13th Street, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name Community Housing Initiatives (CHI), an Iowa non-profit corporation Address 500 East Locust Street, Suite 500 Des Moines, IA 50309 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: 1513 Washington Street, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) The North half (1/2) of Lot 77 in East Dubuque, an Addition to the City of Dubuque, Iowa, according to the recorded plat thereof, as granted by Deed Record K, page 619, records of Dubuque County, Iowa 1. Wells (check one) x 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) x 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) x 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. FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) "a015 uqsg 4. Underground Storage Tanks (check one) x 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. 5. Private Burial Site (check one) x 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) x All 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: ***Groundwater Hazard Additional Information*** I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Telephone No.: 54'3 r 0412.37 FILE WITH RECORDER DNR form 542-0960 (July 18, 2012)