Washington Court Amendment to Mortgage and DeclarationTHE CITY OF Dubuque
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Masterpiece on the Mississippi
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Washington Court
DATE: January 16, 2008
City Attorney Barry Lindahl is recommending approval of the Amendment to Declaration
of Submission to Horizontal Property Regime Washington Court Building, Dubuque,
Iowa, and an Amendment to Mortgage. This is to facilitate the property exchange with
respect to the parking lot at the Washington Court project, home of the Crescent
Community Health Center
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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'~
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 Mis~ssippi ~
BARRY LINDA
CITY ATTORN
To:
DATE:
RE:
Y
MEMORANDUM
Michael C. Van Milligen
City Manager
January 3, 2008
Washington Court
In connection with the agreement by and among the City of Dubuque, Iowa, Washington
Court, LP, and Pine Box, LLP, the City and Washington Court agreed to a property
exchange with respect to the parking lot for the project. The Washington Court property
was held in a horizontal property regime, i.e. a condominium. In order to carry out the
property exchange with the City, it was necessary for Washington Court to amend its
condominium documents as well as amending a mortgage between the City and
Washington Court. This was further complicated by the fact that Washington Court
needed to obtain the consent of Dubuque Bank & Trust, American Trust & Savings
Bank, and the Iowa Department of Economic Development for the property exchange.
The attorney for Washington Court has now completed the documents for the
amendment to the condominium and the amendment to the mortgages. Enclosed is an
Amendment To Declaration Of Submission To Horizontal Property Regime Washington
Court Building, Dubuque, Iowa, and an Amendment To Mortgage. Both of these
documents need City Council approval.
I would request that the two documents as well as the attached resolution approving the
documents be submitted to the City Council for consideration and approval at the
January 22, 2008 City Council meeting.
Enclosure
cc: Cindy Steinhauser, Assistant City Manager
F:\USERS\tsteckle\Lindahl\Washington Court LP (Pine Box LLLP)UVIVM_AmendDeclarationSubHorizProperty_010308.doc
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR ~/IEW PLACE, 3OO MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org
Preparers Barry A. Lindahl, Esq. Address: Suite 330, 300 Main Street. Dubuque, IA 52001
Telephone: (563) 583-4113
RESOLUTION NO. 20-08
APPROVING AN AMENDMENT TO DECLARATION OF SUBMISSION TO
HORIZONTAL PROPERTY REGIME WASHINGTON COURT BUILDING, DUBUQUE,
IOWA, AND AN AMENDMENT TO CERTAIN MORTGAGES BETWEEN THE CITY OF
DUBUQUE, IOWA AND WASHINGTON COURT, LP
WHEREAS, by Resolution No. 563-06, the City Council approved an Agreement
between the City of Dubuque, Iowa, Washington Court, LP, and Pine Box, LLP for the
exchange of certain property in connection with the Crescent Community Health Center;
and
WHEREAS, the parties agreed to exchange certain property owned by them for
a parking lot to serve the Crescent Community Health Center; and
WHEREAS, it is necessary for Washington Court, LP to amend its Declaration of
Submission to Horizontal Property Regime to accommodate the exchange of property;
and
WHEREAS, it is necessary for the City of Dubuque to consent to the Amendment
to the Declaration of Submission; and
WHEREAS, it is further necessary for the City of Dubuque to consent to an
amendment to two mortgages held by the City of Dubuque with respect to Washington
Court, LP property to be exchanged in order to accommodate the exchange of property;
and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA, AS FOLLOWS:
Section 1. The Amendment To Declaration Of Submission To Horizontal
Property Regime Washington Court Building, Dubuque, Iowa, attached hereto is hereby
approved.
Section 2. The Amendment To Mortgage Between the City Of Dubuque, Iowa and
Washington Court, LP, attached hereto is hereby approved.
Passed, approved and adopted this 22nd day of January, 2008.
Ric W. .Jones, Mayor Pro-Tem
Attest:
Jeanne F. Schneider, City Clerk
F:\USERS\tsteckle\Lindahl\Washington Court LP (Pine Box
LLLP)\ResolutionApprovingAmendDedarationSubHorizPropBAmendMort 010308.doc
Prepared by: Michael L. Zenor, Attorney at Law, PO Box 317, Spencer, IA 51301; Telephone: 712/262-1187
Return to: Michael L. Zenor, Attorney at Law, PO Box 317, Spencer, IA 51301; Telephone: 712/262-1187
AMENDMENT TO
DECLARATION OF SUBMISSION
TO HORIZONTAL PROPERTY REGIME
WASHINGTON COURT BUILDING, DUBUQUE, IOWA
WHEREAS, a Declaration of Submission to Horizontal Property Regime of Washington
Court Building, Dubuque, Iowa, was filed on February 16, 2006, as Document No. 2006-2304 of
the land records of Dubuque County, Iowa, which declaration submitted the following described
property to the regime, .to wit:
Lots 102, 103, 104, 105 and 106, in East Dubuque, an Addition in the City of Dubuque,
Iowa, according to the recorded Plat thereof.
AND
Lots 159, 160 and 161 in East Dubuque, an Addition to the City of Dubuque, Iowa,
according to the recorded Plat thereof, and;
WHEREAS, Washington Court, L.P. (hereinafter referred to as "Washington Court") and
Pine Box, LLLP (hereinafter referred to as "Pine Box"), are all of the owners of all of the units in
the Horizontal Property Regime, and;
WHEREAS, Lots 159, 160, and 161 of the property submitted to the regime were
intended to be used in the regime as a parking lot and thus under Section 2.03 of the said
Declaration, were made a part of Unit B, and;
WHEREAS, the city of Dubuque has now proposed to these parties to exchange certain
property now owed by the city of Dubuque for the North half of Lot 159, and all of Lots160 and
161, which property is now described as Washington Court ls` Addition to the city of Dubuque,
Iowa, and;
WHEREAS the parties believe the proposed exchange is in the best interests of the
parties and of the regime as a whole.
NOW THEREFORE, the parties do hereby amend the Declaration of Submission in the
following respects and particulars to accommodate the aforedescribed exchange of property.
This Amendment shall be effective upon the consummation of the agreement for
exchange of property by and between the city of Dubuque, Iowa, Washington Court,
L.P., and Pine Box, LLLP, and in the event that said exchange does not take place, this
Amendment shall be void and of no effect.
2. All references in said Declaration of Submission to the following described property, are
hereby deleted, to-wit:
Lots 159, 160 and 161 in East Dubuque, an addition to the City of
Dubuque, Dubuque County, Iowa, according to the recorded plat thereof,
and said property is replaced by reference to the following described real property, to-wit:
Washington Court 2"d Addition to the city of Dubuque, AND Lot 159B in
East Dubuque, an addition to the city of Dubuque, Dubuque County, Iowa.
3. Notwithstanding any provisions to the contrary in the Declaration of Submission to
Horizontal Property Regime, the parties, as all of the owners of all rights and interests in
the Horizontal Property Regime, shall be and are hereby authorized to jointly execute and
deliver to the city of Dubuque, a warranty deed, conveying Washington Court 1St
Addition to the city of Dubuque, and upon the execution and delivery of said deed, said
parcels shall be and are hereby removed from the Horizontal Property Regime and are
replaced in the Horizontal Property Regime by Washington Court 2"d Addition to the city
of Dubuque AND Lot 159B in East Dubuque, an addition to the city of Dubuque,
Dubuque County, Iowa.
4. The property acquired from the city of Dubuque as a result of this exchange shall become
a part of Unit B of the Horizontal Property Regime; and the property previously
described as the South Half of Lot 159 shall remain a part of Unit B.
Section 2.05 of the Declaration of Submission is amended to read as follows:
2.05 Legal Descriptions. The Units shall be conveyed by the following legal
descriptions:
Unit A. Unit "A" in Washington Court Building Condominium located on Land
submitted to a Horizontal Property Regime in a Declaration of Submission filed in the
Office of the Dubuque County, Iowa Recorder on the 16th day of February, 2006, as
Instrument No. 2006-2304, located upon a parcel of land more particularly described as
follows:
Lots 102, 103, 104, 105 and 106, in "East Dubuque", an Addition in the City of Dubuque,
Iowa, according to the recorded Plat thereof, AND Washington Court 2"d Addition to the
city of Dubuque, AND Lot 159B in East Dubuque, an addition to the city of Dubuque,
Dubuque County, Iowa,
together with an undivided twenty-five percent (25%) interest in and to the Common
Elements and facilities of the Regime.
Unit B. Unit "B" in Washington Court Building Condominium, located on Land
submitted to a Horizontal Property Regime in a Declaration of Submission filed in the
Office of the Dubuque County, Iowa Recorder on the 16th day of February, 2006, as
Instrument No. 2006-2304, located upon a parcel of land more particularly described as
follows:
Lots 102, 103, 104, 105 and 106, in "East Dubuque", an Addition in the City of Dubuque,
Iowa, according to the recorded Plat thereof, AND Washington Court 2°d Addition to the
city of Dubuque, AND Lot 159B in East Dubuque, an addition to the city of Dubuque, ~
Dubuque County, Iowa,
together with an undivided seventy-five percent (75%) interest in and to the Common
Elements and facilities of the Regime.
6. By execution of this Amendment all mortgagees and third parties having bona fide liens
of record or other valid interests regarding any unit ownerships agree to the modifications
described herein.
Signed this day of , 2007.
PINE BOX, LLLP, WASH R L. .,
BY: BY: ` ,
John Gronen Doug La oun
STATE OF IOWA, COUNTY OF } SS
This instrument was acknowledged before me on this day of ,
2007, by John Gronen as President of Gronen Restoration, Inc., the General Partner of Pine Box,
LLLP, a limited liability limited partnership.
Notary Public -State of Iowa
STATE OF IOWA, COUNTY OF CLAY } SS
This instrument was acknowledged before me on this ~~ day of ,
2007, by Doug LaBounty as President of Community Housin Initiatives, Inc., the General
Partner of Washington Court, L.P., a limited partnership. ~
/ /1 ~ ~ )
NStarv Public - ate of
MICHAEL L. ZENOR
=F Commission Number 740634
My Commission F.~kes
May 9, 2009
~~ ~ ~ .
Preyared by Michael L Zenor Attornev at Law PO Box 317 Spencer, IA 51301-0317, Phone: 712/262-1187
Return to: Michael L. Zenor, Attorney at Law, PO Box 317, Spencer, IA 51301-0317
AMENDMENT TO MORTGAGE
WHEREAS, the City of Dubuque, Iowa, is the holder and owner of two mortgages,
described as follows:
a. A mortgage originally granted in favor of Community Housing
Initiatives, Inc., said mortgage being dated January 23, 2006, and filed February 3,
2006, as Instrument No. 2006-1674 of the land records of Dubuque County, Iowa,
and having been assigned to the city of Dubuque by Instrument No. 2006-5102,
dated January 23, 2006, and filed April 11, 2006, in the land records of Dubuque
County,. Iowa,
b. A mortgage in favor of the City of Dubuque, Iowa, said mortgage being
dated March 27, 2006, and filed March 29, 2006, as Instrument No. 2006-4416 of the
land records of Dubuque County, Iowa, and;
WHEREAS, both of said mortgages encumber Unit B in the Washington Court
Building Condominium, and;
WHEREAS, certain real estate has been withdrawn from the Horizontal Property
Regime and replaced by certain other real estate, which causes the legal description of Unit
B to be changed, and;
WHEREAS, the parties desire to enter into this agreement to amend the legal
description contained within the two above-described mortgages.
NOW THEREFORE, the parties agree that the two mortgages described above are
hereby amended to reflect the new and correct legal description of the property encumbered.
The new legal description to be inserted in lieu of the previous legal description is as
follows, to-wit:
Unit "B" in Washington Court Building Condominium, located on Land submitted to
a Horizontal Property Regime in a Declaration of Submission filed in the Office of
the Dubuque County, Iowa Recorder on the 16th day of February, 2006, as
Instrument No. 2006-2304, located upon a parcel of land more particularly described
as follows: Lots 102, 103, 104, 105 and 106, in "East Dubuque", an Addition in the
T~-+'L ~
City of Dubuque, Iowa, according to the recorded Plat thereof, AND Washington
Court, 2nd Addition to the city of Dubuque, AND Lot 159B in East Dubuque, an
addition to the city of Dubuque, Dubuque County, Iowa, together with an undivided
seventy-five percent (75%) interest in and to the Common Elements and facilities of
the Regime.
In all other respects, both of said mortgages remain unchanged.
City of D ue, Iow W
By: B:
ayor 1~.rJ ,T~r~?
-~,G . ~ ~s
At t:
eanne F. Schneider, City Clerk
STATE OF IOWA, COUNTY OF ~} SS
This instrument was acknowledged before me on this~y of
200,'~by Be~B. B-~ol as Mayor of the City of Dubuque and Jeanne F. neider, as City Jerk,
of the City of Dubuque, Iowa. -~"
KEG/IN S. FIRN ~ AHL
Notary Publi - tate of ~o ~ e
`} F' COMh~ISSION N0.745295
~ r MY COMMISSION EXPIRES
STATE OF IOWA, COUNTY OF CLAY } SS ~ = " - 2~~2~~°
-~/~ t ~ w "
This instrument was acknowledged before me on this ~~' day of. ~ c
2007, by Doug LaBounty as President of Community Housing Initiatives, Inc., the General
Partner of Washington Court, L.P., a limited partn`rs~~ .
Notar~Public -State
o~~ ~ MICHAEL L. ZENOR
My ~ ^ 740634
May 9, 2009E~~
,•.
APPROVALS
1. The city of Dubuque, Iowa, as holder and owner of a mortgage originally granted
in favor of Community Housing Initiatives, Inc., said mortgage being dated January 23, 2006,
and filed February 3, 2006, as instrument No. 2006-1674 of the land records of Dubuque County,
Iowa, and having been assigned to the city of Dubuque by instrument No. 2006-5102 dated
January 23, 2006, filed April 11, 2006, in the land records of Dubuque County, Iowa, and also
the holder and owner of a mortgage in favor of the city of Dubuque, Iowa, said mortgage being
dated March 27, 2006, and filed March 29, 2006,. as instrument No. 2006-4416 in the land
records of Dubuque County, Iowa, does hereby consent to this Amendment of the Horizontal
Property Regime.
2. The Iowa Department of Economic Development, as holder and owner of an
Agreement .for Covenants and Restrictions acknowledged Apri17, 2006, and filed April 17,
2006, as instrument No. 2006-5352 of the land records of Dubuque County, Iowa, and further as
the holder and owner of a mortgage acknowledged on March 13, 2006, and filed April 17, 2006,
as instrument No. 2006-5353 of the land records of Dubuque County, Iowa, does hereby consent
to this modification of the Horizontal Property Regime.
3. Dubuque Bank and Trust, as holder and owner of a mortgage dated June 16, 2006,
and filed June 20, 2006, as instrument No. 2006-9235 of the land records of Dubuque County,
Iowa, does hereby consent to this modification of the Horizontal Property Regime.
4. American Trust and Savings Bank, as holder and owner of a mortgage dated May
4, 2007 and filed May 8, 2007, as instrument No. 2007-6565 of the land records of Dubuque
County, Iowa, does hereby consent to this modification of the Horizontal Property Regime
5 Iowa Finance Authority, as holder and owner of a Land Use Restrictive
Covenants Agreement for Low Income Housing Tax Credit Program dated Apri19, 2007 and
filed May 24, 2007, as instrument No. 2007-7474 of the land records of Dubuque County, Iowa,
does hereby consent to this modification of the Horizontal Property Regime
CITY OF DUBUQUE, IOWA,
By:
~iC Lv• ~",vc.s
Attest:
r~
anne F. Schneider, City Clerk
STATE OF IOWA, COUNTY OF } SS ~ i
~iC ~/ ~ -tip- / .e ~iLe - /..~~
This instrument wy~s acknowledged uefo~c ~~~e ors tl-~is ~ day of
200~by R~y~. Btrai as l~r of the City of Dubuque and Jeanne F.
Schneider, s City Clerk, of the City of Dubuque, Iowa.
~~
*Q.1Al a KEVIN S. FIRNSTAHL c .
o ~ COMMISSION N0.7452.95
z~ ~ MY COMMISSION EXPIRES Notary u lic -State of Iowa
w' 2i~zilo
DUBUQUE BANK AND TRUST,
BY:
STATE OF IOWA, COUNTY OF } SS
This instrument was acknowledged before me on this day of ,
2007, by as of Dubuque Bank and Trust.
Notary Public -State of Iowa
IOWA DEPARTIT OF ECONOMIC DEVELOPMENT, Q~J'-{-~ /)') - ~~ _ ~l.~
STA OWA, COUNTY OF (~ ~ } SS
This instrument was ac owledg d before me Qn this ~ day of ~ ,
2007, by rt ~} ~~ as ~ ~V . /~m ~ n • of Iowa Department of Economic
Development.
~'µ"~ ~ ANITA LEMONS ~
COMMISSION N0.225659
* * MY COMMISSION IXP/RES
iow~ NOVEMBER 22, 2008 Notary Public -State of Iowa
AMERICAN TRUST AND SAVINGS BANK,
BY:
STATE OF IOWA, COUNTY OF
} SS
This instrument was acknowledged before me on this day of ,
2007, by as of American Trust and Savings
Bank.
Notary Public -State of Iowa
~. ,
IOWA FINANCE AUTHORITY,
BY:
STATE OF IOWA, COUNTY OF Po ~ I~L } SS
This instrument was acknowledged before me on this Z ~ day of /VOVe-+m b~~' ,
2007, by ~rcX L~ Ih,~lls as ~~~ ~ ~ ~'v. of Iowa Finance Authority.
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Notary Public State of Iowa
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