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Purchase of Property from Interstate Power Co.THE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Purchase of Property from Interstate Power and Light Company DATE: December 28, 2007 City Attorney Barry Lindahl is recommending City Council approval of a resolution accepting the deed from Interstate Power and Light Company for the City's purchase of Interstate's Substation Site in the Port of Dubuque. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager THE CITY OF DUB E Masterpiece on the BARRY LIND CITY ATTOR To: DATE: RE: MEMORANDUM Michael C. Van Milligen City Manager December 18, 2007 Purchase of Property from Interstate Power and Light Company On June 18, 2007, Interstate Power and Light Company accepted an offer from the City of Dubuque to purchase Interstate's Substation Site in the Port of Dubuque. The purchase of the Substation Site was in consideration for the grant of an underground electric line easement in the Port of Dubuque to Interstate Power and Light Company. The terms of the purchase agreement have now been met and Interstate Power and Light Company has provided the City with a warranty deed to the Substation Site. Enclosed is a resolution accepting the deed from Interstate Power and Light Company. I recommend that the resolution be submitted to the City Council for consideration and approval. BAL:jmg Enclosure cc: Bob Schiesl, Assistant City Engineer Prepared by Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 Retum to: Jeanne F. Schneider, 50 West 13th Street, Dubuque IA 52001 563-589-4121 RESOLUTION NO. 1-08 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM INTERSTATE POWER AND LIGHT COMPANY WHEREAS, the City of Dubuque entered into an Offer and Acceptance dated June 18, 2007, with Interstate Power and Light Company for the purchase of the following described real property in Dubuque County, Iowa: A part of Lot 2 of 21, a part of Lot 2 of 22, a part of Lot 2 of 23, each in Block 26, Dubuque Harbor Improvement Company Addition, in the City of Dubuque, Iowa, being comprised and made up of all that part of said lots lying southerly of the southerly line of Fourth Street Extension; and Lot One (1) of Lot 22, Lot 1 of Lot 23, Lot 1 of Lot 24, Lot 2 of Lot 24, Lot 1 of Lot 25, Lot 2 of Lot 25, and Lot 26, each in Block 26 of Dubuque Harbor Improvement Company's Addition in the City of Dubuque, Iowa, as shown on plat in Book of Plats 27, page 66, Dubuque County Records, filed July 27, 1960. AND WHEREAS, the terms of the Offer and Acceptance have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque hereby accepts the Deed from Interstate Power and Light Company, a copy of which is 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 7th day of January, 2008. Attest: Jeanne F. Schneider, City Clerk Roy D. Buol, Mayor • „ (Page 1 of 1) Ooo ID: D06a48970001 ps: (~ Fii q~At~,' ~fS~II007 at~t:96;4a An Revenue Tixl2'yy00 4QPapa 1 of 1 tUthYUFlVnn Thurlov Recorder F`1•2007-00018554 Prepare(! ey: Ted Frarxx>fa interstate Power ane llBM Company - PO aoz 351-Ceder Rapkla, u1 5240&9849 (318) 7884823 Retum To• Tad Francois iM wa p rand Inht C oanv- p0 9ox'+tt . C/~er Raolda IA 52406"9 (at9178g A BPACEAaCVE7N1aLINE fORRECORDER Addreea Tax Statement City of thbuque, qty Hatl, so West 13" Street, Duhuqus, Iowa 52001-6944 WARRANTY DEED (CORPORATE ORANTORy For the consideration of ONE Do11ar(s) and other valuable consideration, interstate Power and Ll~t Canoany a corporeton or~ni2:ed and exlatng under the laws of Iowa does hereby Convey to _ City of Dubucue the following described real estate in Dubuque County, Iowa: A part of Lot 2 of 21, a part of Lot 2 of 22, a part of Lot 2 of 23, each In Block 28, Dubuque Harbor Improvement Company Addition, In the City of Dubuque, Iowa, being comprised and made up of all that part of said Iota lying southerly of the southerly Ilne of Fourth Street Fattertsbn; and Lot One (1) of Lot 22, Lot 1 of Lot 23, Lot 1 of Lot 24, Lot 2 of Lot 24, Lot 1 of Lot 25, Lot 2 of Lot 25, and Lot 28, each in Block 28 of Dubuque Harbor Improvement Company's Addlton in the City of Dubuque, Iowa, as shown on plat in Book of Plats 27, page 88, Dubuque County Records, flied July 27, 1980. The Corporation hereby convenants with grantees, and successors In Interest, that it holds the real estate by title in fee simple; that R has good and lawful authority to sell and convey the real estate; that the real estate is free end clear of all liens and encumbrances, except as may be above stated or as fled of record, and it convenants to Warrant and Defend the real estate against the lawful claims of all persons, except as may be above stated. Words and phrases herein, indudfng acknowledgement hereof, shall be construed as in the singular or plural number; according to ~ntext. This deed is exempt from Transfer Tax and a Declaration of Value pursuant to Iowa Code §428A.2(21) and in that consideration i less than 5500.00 DATED:,, . l 7 nr~-J BY; Vem A. Gebhart Vice President- Customer Service Operations-West STATE OF IOWA COUNTY OF LIB On the L:~ daY ~ 20 07. before me, the undersigned, a Notary Public in and for the State of tows, personally appeared Vem A. Gebhart to me personally known, who being by me duly sworn, did say that he is the Yxb President. cestomer Qarvioa orreetln.es"hest Of said corporation, executlng the within and foregoing instrument, that (no seat has been procured by the said) or (the seal affixed thereto is the seal of said) corporetion; that said instrument was signed on behaN of said corporation by authority of its Board of Directors; and that the said vice President- C~p+~ ,a e n - Doers°ons~~T~„~, ~~nr a~~edged the executon of by R and by them voluntarily executed. and faF said C(wriiir and ~~ J`' 7- Fi1t~:20n700016554 said instrument t0 be tie voluntary act and deed of Bald