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Purchase of Property - Accepting Deed_Graf Farm Copyright 2014 City of Dubuque Consent Items # 7. ITEM TITLE: Purchase of Property - Graf Farm SUMMARY: City Attorney recommending acceptance of the Deed to property owned by Doris A. Graf for the purchase of agricultural property related to the expansion of the Industrial Center Economic Development District. RESOLUTION Accepting the Deed to certain real estate in Dubuque County, Iowa, from Doris A. Graf SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type ❑ Staff Memo Staff Memo ❑ Resolution Accepting Deed Resolutions ❑ Warranty Deed Supporting Documentation HE 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: June 5, 2015 RE: Purchase of Graf Farm The City entered into a Purchase Agreement dated April 7, 2015 with Doris A. Graf for the purchase of her agricultural property to be included in the expansion of the Dubuque Industrial Center Economic Development District. The City closed today on the purchase of this property. Attached is a resolution accepting the deed to the property. I recommend adoption of the resolution. BAL:tIs Attachment cc: Gus Psihoyos, City Engineer Todd Irwin, Engineering Technician F:\USERS\tsteckle\Lindahl\Graf-Industrial Park Land Acquisition\MayorCouncil_ResolutionAcceptingDeed_060515.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 RESOLUTION NO. 200-15 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM DORIS A. GRAF Whereas, the City of Dubuque, Iowa entered into a Purchase Agreement on April 7, 2015, with Doris A. Graf for the purchase of certain real property in Dubuque County, Iowa legally described as follows: Lot one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according to the recorded plat thereof; Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One-half of Northeast One- quarter, Section 25, Township 89 North , Range 1 East of the 5th Principal Meridian, in Center Township, Dubuque County, Iowa; Lot 2 in `W.A. Norman Place" in Section 25, Center Township, Dubuque County, Iowa, according to the plat thereof; and The NW 1/4 of the SE 1/4 of Section 25, Township 89 North, Range 1 East of the 5th P.M., in Center Township, Dubuque County, Iowa and; Whereas, the terms of the Agreement have been fulfilled. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby accepts the Deed from Doris A. Graf, attached hereto. Section 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 15th day of June, 2015. r Attest: Kevi S. Firnstahl, City Clerk Roy D. Bu�l, Mayor F:\USERS\tsteckle\Lindahl\Graf - Industrial Park Land Acquisition \Closing\ResolutionAcceptingDeed_060415.doc IY 11 11 1111 11111101 llij IlIl 0 n Doc ID 008261790003 Type. GEN Kind: DEED WITH RESOLUTION Recorded: 06/16/2015 at 04:16:16 PM Fee Amt: $3,347.60 Pape 1 of 3 Revenue Tax: $3,325.60. Dubuque CountyIowa John Murphy Recorder File2015-00007649 Prepared By: Douglas M. Henry, AT0003395, 200 Security Building, 151 W. 8th St., Dubuque, IA 52001, 563-556-4011 Return To: City of Dubuque, Iowa, 50 West 13th Street, Dubuque, IA 52001 Taxpayer: City of Dubuque, Iowa, 50 West 13th Street, Dubuque, IA 52001 SPACE ABOVE THIS LINE FOR RECORDER WARRANTY DEED For the consideration of Ten ($10.00) dollars and other valuable consideration, Doris A. Graf, a widow and not remarried, does hereby Convey to the City of Dubuque, Iowa, the following described real property in Dubuque County, Iowa: Lot one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according to the recorded plat thereof; Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One-half of Northeast One-quarter, Section 25, Township 89 North, Range 1 East of the 5th Principal Meridian, in Center Township, Dubuque County, Iowa; Lot 2 in "W.A. Norman Place" in Section 25, Center Township, Dubuque County, Iowa, according to the plat thereof; and The NW 1/4 of the SE 1/4 of Section 25, Township 89 North, Range 1 East of the 5th P.M., in Center Township, Dubuque County, Iowa. The Grantor does Hereby Covenant with grantee, and successors in interest, that grantor holds the real estate by title in fee simple; that she 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 grantor covenants to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. The undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated this 27th day of May, 2015. Doris A. Graf STATE OF IOWA, COUNTY OF DUBUQUE) ss: This instrument was acknowledged before me on the 27th day of May, 2015, by Doris A. Graf, a widow and not remarried. DOUGLAS M. HENRY COMMISSION NO. 107407 MY COMMISSION BRAES e w", ANUARY'1 2t! .7 Nottic in and for said State RESOLUTION NO. 200-15 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM DORIS A. GRAF Whereas, the City of Dubuque, Iowa entered into a Purchase Agreement on April 7, 2015, with Doris A. Graf for the purchase of certain real property in Dubuque County, Iowa legally described as follows: and; Lot one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according to the recorded plat thereof; Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One-half of Northeast One- quarter, Section 25, Township 89 North , Range 1 East of the 5th Principal Meridian, in Center Township, Dubuque County, Iowa; Lot 2 in `W.A. Norman Place" in Section 25, Center Township, Dubuque County, Iowa, according to the plat thereof; and The NW 1/4 of the SE 1/4 of Section 25, Township 89 North, Range 1 East of the 5th P.M., in Center Township, Dubuque County, Iowa Whereas, the terms of the Agreement have been fulfilled. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby accepts the Deed from Doris A. Graf, attached hereto. Section 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 15th day of June, 2015. Attest: / .#07.42' Kevir(S. Firnstah , City Clerk Roy D. Mayor F:\USERS\tsteckle\Lindahl\Graf - Industrial Park Land Acquisition\Closing\ResolutionAcceptingDeed_060415.doc 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. 200-15 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 15th day of June, 2015. Kevin ii nsfahl, CMC, L ty Clerk 11 11 111111111011111111111011111111 Doc ID 008261800003 Type: GWH Kind GROUNDWATER HAZARD Recorded: 2015 at 04:16:27 PM Fee Amt: $0.00 Page 1 of 3 Dubuque County Iowa John Murphy Recorder File2015-00000938 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name Doris A. Graf Address 9932 Shawondassee Drive, Dubuque, IA 52003 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name City of Dubuque, Iowa Address 50 West 13th Street, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip Address of Prorty Taferred Faunland in Dubuque County, Iowa Number and Street or RR City, Town or P.O. State Zip Legal Description of Propertyif necessary) See lbnAddendum 1. Walls one) There are no known we!Is situated on this property. — There is a well or welis situated on this property. The type(s), Iocation(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) K 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. HaprdousWxstms(cheokonm) % 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 S42'OSGU(July 1B,2O12) 9 t 5. Private Burial Site (check one) �( 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) 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: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature:©lJ a-144 q , (Transferor or Agent) FILE WITH RECORDER Telephone No.: (563) 556-0081 DNR form 542-0960 (July 18, 2012) Addendum 1. Lot one (1) of Graf Farm Subdivision#2, Dubuque County, Iowa, according to the recorded plat thereof; Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One-half of Northeast One-quarter, Section 25, Township 89 North, Range 1 East of the 5th Principal Meridian, in Center Township, Dubuque County, Iowa; Lot 2 in "W.A. Norman Place" in Section 25, Center Township, Dubuque County, Iowa, according to the plat thereof; and The NW 1/4 of the SE 1/4 of Section 25, Township 89 North, Range 1 East of the 5th P.M., in Center Township, Dubuque County, Iowa. R 1 1 1 11 1 1 11 1 1 1 11 REAL ESTATE TRANSFER - DECLARATION OF VALUE Please read the instructions on the reverse side BEFORE completing and filing this form. Part I - TO BE COMPLETED BY BUYER, SELLER OR AGENT A Deed _1 ® Contract _ 2 0 A Phone- (563) 556-0081 Date of Instrument. 05/27/2015 SELLER: Doris A. Graf Seller Address: 9932 Shawondassee Drive, Dubuque, IA 52003 BUYER: City of Dubuque. Iowa Buyer Address. 50 West 13th Street, Dubuque, IA 52001 Address of Property Conveyed: Farmland in Dubuque County. Iowa Legal Description: See 1 in Addendum e-mail: Phone: e-mail: Type of Sale: 0 Sale between related parties/family 0 Sale of partial interest 0 Trade 0 Quit Claim Deed 0 Auction Was this a sale of AG LAND to: 0 Corporation 0 Trust 0 Alien 0 Non -Resident Alien 0 Limited Partnership A DECLARATION OF VALUE STATEMENT 1. Total Amount Paid $ 2,078,750.00 2. Amount Paid for Personal Property (see instructions) $ 0.00 3. Amount Paid for Real Property Only (1 minus 2) $ 2,078,750.00 I HEREBY DECLARE THAT THE INFORMATION CONTAINED IN PART I OF THIS FORM IS TRUE AND CORRECT AS DETAILED ON THE BACK OF THIS FORM . Printed Name: ' ! / + �r t Phone #: 56 Odd` Signature 0 Buyer or Seller or ❑ Agent or 0 Attorney PART II - TO BE COMPLETED BY THE ASSESSOR Primary Classification: 0 Res _4_ 0 Com _5_ 0 Ind _2_ 0 Ag _ 1_ 0 MultiRes _7_ City/Township Primary Parcel Number A YearBlt Occ NUTC Classification Land Building Dwelling Total Residential Commercial Industrial Agricultural Multi Residential Comments: Effective On or Before 09/01/14 Iowa Department of Revenue ISBA 57006a (07/23/14) CITY OF DUBUQUE CHECK NO 428431 AMOUNT 3,325.60 VENDOR 1688 DUBUQUE COUNTY RECORDER CHECK DATE 06/03/15 Activity/Project Account Purchase Order Invoice No Amount Description 3602437 73110 00149490 TRANSFER TA 3,325.60 GRAF PROPERTY ACQUI ZZZZ DUBUQUE BANK & TRUST CO DUBUQUE, IOWA UB Dubuque Iowa 52001 - City Hall 50 West 13th Street TOTAL 3,325.60 Mristerialece on tile Mississii.lpi PAY THREE THOUSAND, THREE HUNDRED TWENTY FIVE DOLLARS & 60 CENT 45-53 428431 738 Check No. 06/03/15428431 Date 0 c c m 0 c z Amount 3,325,60 TO THE ORDER OF DUBUQUE COUNT'( RECORDER 720 CENTRAL AVE DUBUQUE IA 52001 2aL, 310 1:0 ? 39005351: 00 0 L 211' Authorized Signe ure