Property Acquisition - McFadden Family Partnership Copyright 2014
City of Dubuque Action Items # 3.
ITEM TITLE: Property Acquisition - McFadden Family Partnership
SUMMARY: City Manager recommending approval of the Offer to Buy Real Estate and
Acceptance to purchase a 124.72 acre portion of the McFadden Family
Partnership farm.
RESOLUTION Approving an Offer to Buy and Acceptance for the
acquisition of real estate owned by McFadden Family Partnership in
Dubuque County, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ Industrial Park Land Acquisition-McFadden Family Partnership-MVM City Manager Memo
Memo
❑ Staff Memo Staff Memo
❑ Offer to Buy Resolution Resolutions
❑ Offer to Buy and Acceptance Supporting Documentation
THE CITY OF Dubuque
U E 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: Industrial Park Land Acquisition: McFadden Family Partnership
DATE: June 30, 2015
City Attorney Barry Lindahl is recommending approval of the Offer to Buy Real Estate
and Acceptance to purchase a 124.72 acre portion of the McFadden Family Partnership
farm at $17,000 per acre for a total of $2,120,240.
City Attorney Barry Lindahl, Economic Development Director Maurice Jones, City
Engineer Gus Psihoyos and City Project Manager Steve Brown have been working with
Greater Dubuque Development Corporation President & CEO Rick Dickinson to identify
a place for the City's next industrial park. In furtherance of that effort, the City has
already purchased the 166.3 acre Graf farm.
In 1995, the Mayor and City Council adopted the first Comprehensive Plan for the City
of Dubuque since the previously adopted 1936 Comprehensive Plan. This was the
culmination of five years of work by the newly formed Long Range Planning
Commission chaired by Dave Rusk. The process began in 1990 with the Vision 2000
document, adopted in 1993, and culminated in the adoption of the 1995 Comprehensive
Plan. Thousands of citizens participated in this process. The 1995 Comprehensive
Plan was updated in 2002, 2008, and 2012.
The Dubuque Comprehensive Plan includes the following:
"LAND USE & URBAN DESIGN GOALS
Goal Three: To provide sufficient opportunities for industrial development
sites within the community.
Objectives:
3.1 promote the retention and expansion of existing, and attraction of
new, industrial development opportunities in suitable locations, . . .
3.3 encourage annexation of land suitable for industrial usage if
necessary
ECONOMIC DEVELOPMENT GOALS
Goal One: To reduce unemployment, achieve economic stability, and
increase the standard of living for all citizens.
Objective
1 .2 promote diversification of the commercial/industrial base.
Goal Twelve: To promote the provision of an adequate supply of vacant,
development-ready land for commercial and industrial use.
Objectives
12.3 evaluate potential commercial and industrial development sites,
based on the city's future land use map
12.6 consider annexing growth areas, as necessary and as possible, to
ensure adequate supply of developable land and to control
development on the city's fringe."
Acquisition of additional industrial park land is consistent with the Mayor and City
Council 5-year goals, which includes Planned and Managed Growth, and Sustainability.
One of the three pillars of Sustainability is Economic Prosperity. Included in the twelve
principles of Sustainability are Support for Community Design and the Regional
Economy. Included by the City Council in the Management Agenda is industrial park
expansion, including acquisition and infrastructure.
The City of Dubuque has had tremendous success with economic development
receiving multiple national recognitions for job creation. This is in no small part to the
City's decision in the mid 1990's to acquire and develop over 900 acres of property to
provide a 20-year supply of industrial park land.
These 900 acres are now called Dubuque Technology Park, Dubuque Industrial Center
West, Dubuque Industrial Center North and Dubuque Industrial Center South. It should
not be forgotten that preceding the City's efforts was the development in the 1980's of
the Dubuque Industrial Center by Dubuque Initiatives (then called Dubuque Infuturo).
These industrial parks now are home to 49 businesses employing over 4,400 people.
These businesses have constructed 4 million square feet of buildings and invested well
over $200 million.
None of this would have been possible without the City's partnerships with Dubuque
Initiatives, the Greater Dubuque Development Corporation, Dubuque County (who
donated the County Farm to this effort) and supports the use of Tax Increment
Financing to make these projects work), the Dubuque Community School District and
2
Northeast Iowa Community College, who have also supported the use of Tax Increment
Financing, the Greater Dubuque Development Corporation, federal and state funding,
the many property owners who have cooperated in selling their land, and, most
importantly, the local businesses that have expanded and the new businesses who
have chosen to make Dubuque their home.
In May, 2015, there were 60,400 people working in Dubuque County with a 3.2%
unemployment rate. This is 800 net new jobs over May, 2014. Compare this is the
lows of the 1980's, over 24% unemployment, 38,600 people working in Dubuque
County. With just 3% of Iowa's population, from 2009-2013, Dubuque County achieved
8.1 % of the state's job growth.
The average hourly wage in Dubuque County rose from $18.00 in 2007 to $23.38 in
2013, an increase of 30% that exceeded inflation by 17.5%.
Between 2000 and 2013, Dubuque's per capita income rose by 40%, exceeding the
national growth by 3.5%.
In 2000, Dubuque's Median Household Income (MHI) ($39,582) was 6% below the
national MHI ($41 ,994). In 2012, Dubuque's MHI ($50,885) was just 1 % below the
national MHI ($51 ,017).
Between 2008 and 2013, the average home price in Dubuque grew by 9.71 %, more
than Sioux City (8.83%), Waterloo (6.28%), Iowa City (5.32%), the Quad Cities (3.93%),
Cedar Rapids (1 .33%), Council Bluffs (1 .02%), Des MoinesM/est Des Moines (-0.50%),
Chicago (-18.56%), Daytona Beach (-24.08%) and the national average (-0.15%)
The City is greatly appreciative of the cooperation of the McFadden family in this
acquisition process.
The City will be acquiring 125 acres of land, adjacent to the existing industrial parks.
Once developed, this will provide approximately 84 acres of buildable land, depending
on access and grading plans.
The purchase price is $2,120,240 or $17,000 per acre. The estimated site development
costs are $6 million. The total costs per developable acre when fully developed is
estimated at $96,670. This compares favorably with the asking price of$120,000 per
acre for current industrial park property.
The City previously issued debt using Dubuque Industrial Center Urban Renewal
District Tax Increment Financing revenues to fund this purchase.
The City recently purchased the Graf Farm for $12,500 per acre. The total cost per
acre when fully developed is estimated at $120,000. This McFadden Family
Partnership property is worth more money per acre because of the close proximity to
3
the City's current industrial park. It has easier access to utilities and adjoins a better
transportation network on Radford Road and is nearer to Chavenelle Road.
I respectfully request Mayor and City Council approval of the purchase of the McFadden
Family Partnership property.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
4
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Missis•ippi
BARRY LINDA
CITY ATTORN Y
To: Mich el C. Van Milligen
City anager
DATE: June 29, 2015
RE: Purchase of Property From McFadden Family Partnership
Attached is a copy of an Offer to Buy Real Estate and Acceptance on behalf of
McFadden Family Partnership, signed by Carolyn Eggers.
The Agreement is for the purchase of 124.72 acres at $17,000.00 per acre for a total of
$2,120,240.00. The Offer is subject to final approval of the City Council.
I recommend that the Offer to Buy Real Estate and Acceptance be submitted to the City
Council for consideration.
BAL:tIs
Attachment
cc: Gus Psihoyos, City Engineer
Todd Irwin, Engineering Technician
F:\USERS\tsteckle\Lindahl\McFadden Family Partnership-Industrial Park Land Acquisition\MVM_ExecutedOfferToBuy_062915.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. 244-15
APPROVING AN OFFER TO BUY AND ACCEPTANCE FOR THE ACQUISITION OF
REAL ESTATE OWNED BY MCFADDEN FAMILY PARTNERSHIP IN DUBUQUE
COUNTY, IOWA
Whereas, McFadden Family Partnership. is the owner of the following real
property (the Property):
SW 1/4 NW % § 29 T89N R2E 5th PM (40 acres + or -)
Lot 1 of Lot 1 of NW Y4 NW '/ § 29 T89N R2E 5th PM (38.4 acres + or -)
West 200 feet of NE 1/4 NW 1/4 § 29 T89N R2E 5th PM (6 acres + or -)
SE 1/4 NW 1/4 § 29 T89N R2E 5th PM (40 acres + or -)
Lot 1 Dubuque Industrial Center 7th Addition (0.32 acres)
; and
Whereas, the City Manager has tentatively agreed to purchase the Property from
McFadden Family Partnership, subject to the approval of an Offer to Buy Real Estate
and Acceptance between the City of Dubuque and McFadden Family Partnership, by
the City Council; and
Whereas, the City Council has determined that it would be in the best interests of
the City to approve the purchase of the Property from McFadden Family Partnership,
L.L.P.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City Council hereby approves the Offer to Buy and Acceptance
attached hereto.
Section 2. The City Manager and . City Attorney are authorized to take such
further action as is required to complete the purchase of the Property.
Passed, approved and adopted this 6th day of Jul 2015.
Roy D. Buol, Iylayor
Attest:
[`t..
Kevin S irnstahl, City Cle
F:\USERS\tsteckle\Lindahl\McFadden Family Partnership - Industrial Park Land Acquisition\ResolutionApprovingOfferToBuy_062915.doc
2
Prepared by: Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, Iowa 52001-4113
Return to: Barry A Lindahl, 300 Main Street, Suite 330, Dubuque, Iowa 52001-4113
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: McFadden Family Partnership, Seller:
SECTION 1. REAL ESTATE DESCRIPTION. The City of Dubuque, Iowa (Buyer)
offers to buy real estate in Dubuque County, Iowa, described as follows:
SW '/ NW '/4 § 29 T89N R2E 5th PM (40 acres + or-)
Lot 1 of Lot 1 of NW Y4 NW Y4 § 29 T89N R2E 5th PM (38.4 acres + or -)
West 200 feet of NE '/4 NW '/4 § 29 T89N R2E 5t" PM (6 acres + or -)
SE Y4 NW '/4 § 29 T89N R2E 5th PM (40 acres + or-)
Lot 1 Dubuque Industrial Center 7th Addition (0.32 acres)
as shown on Exhibit A attached hereto (the Real Estate) together with any easements
and appurtenant servient estates, but subject to the following: a. any zoning and other
ordinances; b. any covenants of record; c. any easements of record for public utilities,
roads and highways designated the Real Estate, as acceptable to Buyer in its sole
discretion.
SECTION 2. PURCHASE PRICE.
Approximately 124.72 acres at $17,000.00 per acre, $20,000.00 earnest money and the
balance to be paid as follows:
TOTAL: $2,100,240.00 cash at closing.
Actual acreage and total purchase price to be determined by survey and platting prior to
closing at Buyer's cost.
SECTION 3. REAL ESTATE TAXES. Taxes for the fiscal year in which the closing
takes place shall be paid by Seller prorated to the date of possession. Seller shall also
pay any unpaid real estate taxes for prior fiscal years.
062515bal
SECTION 4. POSSESSION. If Buyer and Seller timely perform all obligations,
possession of the Real Estate shall be delivered to Buyer on September 14, 2015, or
the day following final approval by the City of Dubuque City Council of an amendment to
the Dubuque Industrial Center West Urban Renewal District adding the Real Estate to
the District, whichever first occurs, or on such other date as the parties agree in writing,
with any adjustments of rent, insurance, and interest to be made as of the date of
transfer of possession.
SECTION 5. ABSTRACT AND TITLE. Seller, at Buyer's expense, shall promptly
obtain an abstract of title to the Real Estate continued through the date of acceptance of
this offer, and deliver it to Buyer for examination. It shall show merchantable title in
Seller in conformity with this agreement, Iowa law and Title Standards of the Iowa State
Bar Association. The abstract shall become the property of the Buyer when the
purchase price is paid in full. Buyer shall pay the costs of any additional necessary
abstracting and title work.
SECTION 6. DEED. Upon payment of the purchase price, Seller shall convey the
Real Estate to Buyer by Warranty Deed, free and clear of all liens, restrictions, and
encumbrances, except as stated in Section 1.
SECTION 7. TIME IS OF THE ESSENCE. Time is of the essence in this contract.
SECTION 8. REMEDIES OF THE PARTIES. Buyer and Seller also are entitled to
utilize any and all other remedies or actions at law or in equity available to them and
shall be entitled to obtain judgment for costs and attorney fees as permitted by law.
SECTION 9. If the sale of the Real Estate is subject to Court approval, the fiduciary
shall promptly submit this contract for such approval. If this contract is not so approved,
it shall be void.
SECTION 10. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This
contract shall apply to and bind the successors in interest of the parties.
SECTION 11. CONSTRUCTION. Words and phrases shall be construed as in the
singular or plural number, and as masculine, feminine or neuter gender, according to
the context.
SECTION 12. TIME FOR ACCEPTANCE. If this offer is not accepted by Seller on or
before June 26, 2015, it shall become void and all payments shall be repaid to the
Buyer.
SECTION 13. OTHER PROVISIONS.
13.1 The Offer is subject to final approval of the City Council of the City of Dubuque,
Iowa in its sole discretion.
2
13.2 Buyer, its counsel, accountants, agents and others authorized by Buyer, shall
have full and continuing access to the Real Estate and all parts thereof, upon
reasonable notice to Seller for the purpose of inspecting, surveying, engineering, test
boring, performance of environmental tests and such other work as Buyer shall consider
appropriate, provided that Buyer shall hold Seller harmless and fully indemnify Seller
against any damage, claim, liability or cause of action arising from or caused by the
actions of Buyer, its agents, or representatives upon the Real Estate (except for any
damage, claim, liability or cause of action arising from conditions existing prior to any
such entry upon the Real Estate), and shall have the further right to make such inquiries
of governmental agencies and utility companies, etc. and to make such feasibility
studies and analyses as Buyer considers appropriate.
13.3 Buyer shall assume the leases on the Real Estate as scheduled on Exhibit B
attached hereto and by this reference made a part hereof (the "Leases"). Buyer may
negotiate a termination of the Leases, to be effective only if this sale and purchase
between Buyer and Seller is closed, at Buyer's sole expense. Buyer shall indemnify and
hold harmless Seller from any and all liability related to or arising out of the Leases if the
sale and purchase closes. If Buyer is unable to negotiate a termination of any or all of the
Leases, to its reasonable satisfaction, prior to the closing, then Buyer, upon written notice
to Seller, may terminate this purchase agreement upon 10 days written notice prior to the
closing and have all of its earnest money returned to it. If Buyer does not negotiate a
termination of any or all of the leases, and does not give notice of termination of this
purchase agreement, such non-terminated Leases, if any, are the sole responsibility of
Buyer as of and after the closing.
Buyer, at the closing, shall accept the assignment by Seller of the CRP contract(s),
attached as Exhibit C, and shall indemnify and hold harmless Seller from any liability
whatsoever thereunder if Buyer terminates or otherwise causes repayment of any
amounts previously received thereunder.
13.4 Environmental Provision.
(1) Seller warrants to the best of its knowledge and belief that there are no
abandoned wells, solid waste disposal sites, hazardous wastes or substances,
underground storage tanks, burial sites or private wastewater disposal systems
located on the Real Estate, the Real Estate does not contain radon gas,
asbestos or asbestos containing building materials, or urea-formaldehyde foam
insulation, and Seller has done nothing to cause or allow contamination of the
Real Estate with hazardous wastes, substances, or pollutants. Seller warrants to
the best of its knowledge and belief that the Real Estate is not subject to any
local, state, or federal judicial or administrative action, investigation or order
regarding any environmental matter. Seller shall provide Buyer with a properly
executed Groundwater Hazard Statement showing no wells, solid waste disposal
sites, hazardous wastes, underground storage tanks, private burial sites or
private wastewater disposal systems on the Real Estate which shall be
considered a warranty and representation by Seller to Buyer.
3
(2) City may inspect the Real Estate as provided in Section 13.2 hereof prior
to the Closing. Notwithstanding the foregoing, should the City determine to close
the purchase of the Real Estate from the Seller, the Seller makes no
representation or warranty of any kind concerning the condition of the Real
Estate or otherwise, except as to marketable title, the Real Estate shall be
delivered to the City in AS IS condition as of and after the Closing. Seller shall
have no indemnity obligations to the City after the Closing whatsoever, except as
to its marketable title to the Real Estate
(3) These environmental provisions shall survive closing.
13.5 Until ten (10) days prior to closing, Buyer shall have the right, in its sole discretion,
to terminate this agreement if it determines that if it determines that the Real Estate does
not satisfy the City's intended use or environmental issues exist or are threatened on or
about the Real Estate. Prior to terminating this Agreement pursuant to this section,
Buyer shall offer Seller the opportunity to remediate the Real Estate to the satisfaction
of Buyer in its sole discretion and at Seller's sole cost.
13.6 Seller agrees to cooperate with Buyer amending the Dubuque Industrial Center
West Urban Renewal District by adding the Real Estate thereto.
THIS OFFER IS ACCEPTED
CITY OF DUBUQUE, IOWA MCFADDEN FAMILY PARTNERSHIP
Dated: Dated: o f/
BY Y B
Michael C. Van Milligen
City Manager
4
EXHIBIT A
THE REAL ESTATE
5
T1QCT1Y M
8
Mmckrl*xrm1 Mi°45'4lgil PARTNERSHIP PR OPER
MCFADDEN FAMILY
LEGAL DESCRIPTION : SEE MAP — A: EA : I24.7 ACRES +f-
OWVNER : MCFADDEN FAMILY PARTNERSHIP
LOT 2.1 NAM 114 MN 114
SEC. 29, T89N, R2£
FA, • N, CAROL J
PE=N
LOT C1
DUBUQUE INIYUST
CENTERNORTH
ADDITION
BUQUE
LOT 1-1-1.2
NE 114 NE 114
SEC. 30, T69N, R2E
9E'HINKE
THE WEST 200' OF
NE114 NW114
SEC 29 T89N-R2E
6 ACRE'S +J-
111111111
NE1/4 NW114
SEC, 29, T69N, R2E
FADDEN FAM. PART,
CITY O
SE1/4 NE 1/4
SEC. 30, 789N, R2E
BEHNKE
LOT 1-2
DUBUQUE IND
CENTER WEST
5TH ADD
THEISEN, LEO
ALL THAT PART OF
NW 114 OF SW 114
SEC. 29, T$9N, R2E
LYING NORTH OF NORTH
ROW LONE OF
CHAVENELLE RD.
36 ACRES +l-
MCFADDEN PROP, LLP
* 1 DUBUQUE
INDUSTRIAL CENTER
7TH ADD
0.32 ACRES +/-
Mamma= u..... .w►,
W Ti. O.Mti. M1.. war Apha IW,.,r.r..
D.i Z n,tr ..da.. lrr aanN 41 .11. a4 Cl. N
.44.a4 ... 0....)w COW, .1,. . .11xr.r. .,w
•.., r ..r..I.114 /I...,..1..14,1,1.0.1.:.e n.
..144,1114, 4,1..11 W I.wa 1•.
w..M....�.. rr nr'w 1.....:—.......r , .I,N
,m.. 1,p N,aY NN I. ... rr.1t',aaw..Wr
.11, I
61 m.r. r Mur 4..p.,.a.a4. k,...w...
.4..,.w.t..n..M>Mir 11,00•1161,01,10404.104.1 Yr re
44.4 • 114= .4444144 ,..101'.1..4 et 1 ..r brooch .I
1 inch = 800 feet
600 300 o Mo Feel
re
SUBJECT PROPERTY
BOUNDARY
*Jap Prepared by
Clfy of Diiniaque
Engineering Uvision
50 West 13115Ireel
Dubuque, laws 12G01
Phar,, [8531589-4279
Ear 13631_589-4'D5
EXHIBIT B
SCHEDULE OF LEASES TO BE ASSIGNED TO BUYER AT CLOSING
7
LEASE 20039-0
John V. McFadden
14081 Old Hwy Rd.
Dubuque, Iowa 52002
LEASE 20039-1
John Veach
12216 English Mill Rd.
Dubuque, Iowa 52003
8
EXHIBIT C
CRP CONTRACT(S)
9
Farm# 618 Section 29 . Year: 2 -h
Tract## 1 458 Twp: Dubuque _
j: x V'I -f• _'� y� � -` �� iii' .,�i�X'} ��•_' ��
2.
74
Of
AOL-
'T ' ] �
HEL . t 1653
ItiSV-. ., YY. T•.
� ` � _ 74 82 •. �_- jam. ���' f '�'I� _. ..�, �,
^�++�# 35.69
5 TM's= ► RP.
•rte. \ -•,ac rr} 'F _ �a� �. - ..3- � ,. . , -
1.11
W— ,
* /
—� 1�..0 ,C f •-4.ANM j
J77 C" 1
::r ,� •,i r�j'`�-,; tit ;:'`y'� ' __ -�_ \1� x r, -rt'd'�+->7'X'=1��*:-'�•�`.
.� `� - �• - try '�- s -,�
I
Legend
o zsD 520 t.wa=�� N1 1 I, 1 ,Ic4•I sr.::,t.,
SDA.
t inch equals 660 feet Wetland aeterminatinn
"'fit f. We0and OtteJrttinatien Identifiers _t� C
Dubuque County FSA
Map Printed. October 19, 2011
_.._:Ic. n".'.art=-r:eu�:•^.•m,,anc^c.- _ i
v:`I:=;,neer-'rlatianrl idwifiP.rS Bio not esPni the size. shape or soecific determt on of Ine area. Refer io yox
10
i
I
GRP-1 U.S_DEPARTMENT OF AGr --TORE 1.ST.&CO CODE UN. 2.StGN.UP HUMBER
(03-'28-041 Commodity CredA Corps. LOCATM
CONSERVATION RESERVE PROGRAM CONTRACT 19 051 32
NGT£: Tho nAhw4y,&rom%ca'V No Ar1'n"k.WmSAW4 PW.L 1G7-r tt. S'RisaWnrty aYa,.s lar rho
caM1-ccbnof.ntornMiwv nYhaRprav dMB apparel r�a,ynrio�6Y rtm PgPenrwkftod�rt6ar.Ad rpt 7Y�# 7hrlkn6 3.CONTRACT NUMBER 4.ACRES FOR ENROLLMENT
•e4V4rd da ca-rWfefs Yds uttwmutkrn a?Cedpn l4 aat4neWd rn averaW a armWas parR.;cca m.ftkdPV the five
1:jr rrw.e,,Mit�q d�kurtioss,seaNaYrp eaYr daW souraei.ga64erey amdmnhfa►h5xi sro mfa nespW,mrd 14 4 2A 57-1
tz wy vad f0kAlWinp ft CaiKron Ce k*Maf A
i. ,.JUNTY OFFICE ADDRESS(tncfrade Z17 CoCn): 5.FARM NUMBER b.TRACT NLiMBO
Dubuque Gauntry FSA Office
618 1458 ✓
210 tan R , OFFER(Salentarm) 9.CONTRACT PERIOD
Epworth,
iA 5 52045 . FRAM.
TO:
GENERAL +� (MM-D&YYYY) (MM D�-YYM
TELEPI6ONENUM9rR(trecwdaArtaeCoetek (5W B76-3328 EAh11RONSA YALPRK?RtTY 10-01-200 09-30-2017
TN1S CONTRACT is antwod vna OPMven lire COOVADdYy Grath Carparapbn trokyrmd to ss'UCCry attd the wldarSogvarfd ownrrs,aparafam.Grtenpafe We rvw be refunsd to Ai ft
Ra4cApvrl') T1w Partle(mail agrees to pAsce tho aWarWi d acrefte Into sae Clxaservekon RUMMe Program(�G1u'7 ar dheruse ser by CCC far the sWAIA caMrad petkd aam the
date the Caneetl is executed by the=, t7fe PartiC*igni aside agrees fo unpJavrwlst wf gIMJf dag4JyttA1@d acvaepe iiia Cond9rtrttrnn PAan devslApfit farsaGf 8c+eage erd apprQ.pd ky
the CCC and ttA Pe(*0anC AdtJ+kooffy.thr Partkowfl"C=CLSC agrfPe to cwply wi b dm Ryas ord carhdi*u aDnftkmd ua wif Gw4rveG,hek dla9 the Appendix to Arts CwWac4
v ded A jCperxhz to CRP•1,Conswyalion Kasen*Pro9mq Cwdraw fewlev>Bd io as'Appery W j. 8),900V WOW.111119 Pefffco M acknawkdgea dmf m copy o(4"Appendix tar the
a,?Wcabf&sqn-up period bat bran prm*Wd to Bach iwran &irh dun a&)agAi.&&to pay such Liquidated des M an nnaPfmt ayecrRed in fhe Aup andw fte Par**Sal
-4*M-,rot prior to CCC aFvWAnc4 of ri,,&Vkm The Lentos and cvMMans of Lets confeaat ora Cwrteurredbr We Farm CRP-1 end;n the CRP-i ApparsdU and any addandum
theraro. BY SIGHWO THUS CONTRACT PRODUCE RS ACKNOWLEDGE RECEIPT OF THE F0L4 q WING FORA(S:CRP-1;CRP-1 Appen&x and any a0undurn(hereto;GRP-2
w CRP-2C,t1 gopACBbte,seri,if nppMcpbk,GRP•i
i
10A. F:ersial Rale Per Acre 1. Identification of CRP Lend (See Page 2 far 2d W anst spau 4
011,
$ 133.98
A.Tree!No_ B.Field No- C.Prfcke No, D.Anes E.Tolal EslimaUd
B. Annual Cotatraei Payment S �r-r`7,677.05 Co t•Share
C- Firra Year Payment 3 1458 2 CF10 16.53
(Item ICC sppliceWe orVy to Carli mous sionop when 1454 3 epic 5.66
the first year payment is prorated) 1456 4 CPia
12.PARTICIPANTS
.4111. PARTICIPANT'S NAME AND ADDRESS J&Codc), 12)SHARE
adden Family Partnership (3)SOCIAL ECURITY NUMBER:
3..,t) Pennsylvania Ave 1oa% � - 9i4 TE fUM-DD-
G
Yrrr7
Duhuwe, 1A 52003 /y
�rdXC�i�sa . onenr•d WO 76-11CJ
SSS)• PARTICIPANT'S NAME AND ADDRESS jZ1p Code)- (2)SHARE (3)SOCIAL SECURITY NUMBER: a..
% (4)SIGNATURE DATE ttli(•Do-y"
(Arm"N+"NNW W~.04 am 5".4 CW"an aaaf^le t
C(7I. PARTICIPANT-a HANE AND ADDRESS(TJp Caota): 12)SHARE (3)3OCiAL SECURITY NUMBER:
% (4)SIGNATURE DATE(Mm-00,YYYrt
dmfpm Pw&go*i,Wi*W4 ere Ati canaw anavaLhmyYJ
A. SIGNATURE DF CCO REPRESENT TJVE 8. DATE{Mtt-Oa.YrYYt
13. CCG USE ONLY-Payments la=rdiffq
ro Me Shares ere.approved.
NOTE: Rte 1dilwrifg sfafem�v t is made in pip da s>7 rhe P y Att of 1974 f5 USC 3328)sed the f epern'Wk J76drr-tion Act of 199A as snxnded. Thp aL4t4v#y t`arle¢L4s.,4gf
me Xaa nlbmtpr pn Is ttre Poon 3 at 14115,(Pub,L.90.198,f,as errtendled rand tam Farm Svyray a'id Rami r,)vastrnent Ad Of 2W2 tMA.L.x07,170 and
repiufsN&ls prpmfrt7mrfi+7 al 7 Cr-R tett f 4TD arxf thtF)n RnW Reaertue Code(26 USC 6PO4 R4,%(MMfi(M mqueded is nwassi vy for CCC to covfaider andpn=u Are offv
to anter five a Gcv13v;W1W Reseme Program Crnrrma,10 8ser§f M deievminkip irdg&Aly,orad to dalan vine tAe correct parties to fhp czAtracL Pramishing the m9oaared
nirOrrnateGri is wLuntary. Failure to AAWsh the regLml ted iAknmafiorr vnlT rasfa4 in delemra raehn a1.MprgWAt ,tar oenern pm9mm beneAfs mart Wh6e&vuGisi asststmraiy
aortimseerad by rJS0A attWcy. Trtis iafarmvomn may bo pfflvkfed to offer agendw,JRA VQpatMieht 0(jiataG,or other State wV Fiw%-m;Law enfOr[emenr agenW96 and m
rrsPanse toaetfirg niayVatrate or arhtfirustr;ti(ivg trt¢r�nN. The lt•'astibians rartrimurat'nnC�chil frpuddrplufet�.irxJw�jt.,19ySC 28$.2@Y,$91.491,fiS1.tDDa,a.�tlSC Ttam.
8nd 3l USC 3728,mat be appikabiv m the ktVma(.bnprovrdeJ. RETURN TNtS'1Cpp pkI, ED FORM 70 YOUR CE?UN�FS2f OFFLC�.
i
rr,a u.5 3epa.TrxWN of M�xrNrar f{1¢Dy?Mr'bfid tFtcnovhe1'an ar s/is pr,+gri,»r aryl pcl:+ihVii Pa rho eelnNnt tt a�ro 4 Va.dWbevy-Pat""YWI..I'l—W a�e••rs4r�1.1
��rild uli A-1;TARGET
C"Grrol(202)724L26 0&ect4 mst Pvsaru v f110N iea who reerrim afCvrialrre �nm9rornira§imra.W n fllravY.[rya Arun.,arnAkteae.ds l��
-1 L+s!]A]TARGET Coater ill tltrFJ 7?1t24fA twree and YOb). Xo AV a mrrola"of¢g,inin bq, i}SDA q Cr Gh. q .Po rtr,129.W.wnWn ,PoYy.1ii7rr rnaepcarpnrr a,..av�.a.
120p7w.4f.'.2e2ip.9tilaAt0042M72fD04frave(rTOD).USGAAsaaapW0AMdvWypr9rMi* arptaan- -
s ,
Onginaf-Carnly Oftac G-upY a+.r*c•py—�, 4pa�toro Capy
I
11
i
THE CITY OF
DUB 7E MEMORANDUM
Masterpiece on the Mississippi
TRACEY STECKLEIN
PARALEGAL
MEMO
To: Kevin Firnstahl
City Clerk
o
DATE: September 18, 2015
RE: McFadden Properties, L.L.P. and McFadden Family Partnership, L.L.P.
Kevin:
Attached are the following documents which were recorded on September 11, 2015:
McFadden Family Partnership, L.L.P.:
1. Copy of Plat of Survey recorded as Instrument no. 2015-00011778;
2. Original Warranty Deed and Resolution no. 244-15 Approving an Offer to
Buy, recorded as Instrument no. 2015-00011779;
3. Original Groundwater Hazard Statement recorded as Instrument no. 2015-
00001598; and
4. Original Affidavit Of Possession recorded as Instrument no. 2015-
00011780.
McFadden Properties, L.L.P.:
1. Copy of Plat of Survey recorded as Instrument no. 2015-00011775;
2. Original Warranty Deed and Resolution no. 258-15 Approving an Offer to
Buy, recorded as Instrument no. 2015-00011776;
3. Original Groundwater Hazard Statement recorded as Instrument no. 2015-
00001597; and
4. Original Affidavit Of Possession recorded as Instrument no. 2015-
00011777.
A Resolution Accepting the Deed for each of the above -referenced property acquisitions
is on the September 21, 2015 City Council agenda. Therefore, once those resolutions
have been approved by the City Council, we will have to take those resolutions and the
respective above -referenced original Warranty Deeds and have them re-recorded at the
Dubuque County Recorder's Office.
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
I have already provided copies of these documents to the Economic Development
Department. The City Attorney's Office will retain a copy of the above -referenced
documents for our file.
Thanks. O
F:\USERS\tsteckle\Lindahl\McFadden Properties - Industrial Park Property Acquisitions\Firnstahl_OriginalRecordedDocuments_091815.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