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Property Acquisition - McFadden Properties, LLP_Accepting Deed Copyright 2014 City of Dubuque Consent Items # 18. ITEM TITLE: Property Acquisition - McFadden Properties, L.L.P. SUMMARY: City Attorney recommending adoption of a resolution accepting the deed to property owned by McFadden Properties, L.L.P. in Dubuque County, Iowa RESOLUTION Accepting the Deed to Certain Real Estate Owned by McFadden Properties, L.L.P. in Dubuque County, Iowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type ❑ Staff Memo Staff Memo ❑ Resolution Resolutions ❑ Warranty Deed Supporting Documentation THE 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: September 15, 2015 RE: Purchase of Property from McFadden Properties, L.L.P. The City entered into a Purchase Agreement dated July 10, 2015 with McFadden Properties, L.L.P. for the purchase of agricultural property to be included in the expansion of the Dubuque Industrial Center Economic Development District. The City closed Friday, September 11, 2015 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: Maurice Jones, Economic Development Director F:\USERS\tsteckle\Lindahl\McFadden Properties-Industrial Park Property Acquisitions\MayorCouncil_ResolutionAcceptingDeed_091515.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. 319-15 ACCEPTING THE DEED TO CERTAIN REAL ESTATE OWNED BY MCFADDEN PROPERTIES, L.L.P. IN DUBUQUE COUNTY, IOWA Whereas, the City of Dubuque, Iowa entered into a Purchase Agreement on July 10, 2015, with McFadden Properties, L.L.P. for the purchase of certain real property in Dubuque County, legally described as follows: Lot 2 of McFadden Farm Place, in the City of Dubuque, Iowa, according to the recorded Plat thereof, subject to easements and restrictions of record ; 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 McFadden Properties, L.L.P., 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 21st day of September, 2015. Attest: Kevin(S. Firnstahl, ity Clerk y n V. Sutton, Mayor Pro -Tern F:\USERS\tsteckle\Lindahl\McFadderi Properties - Industrial Park Property Acquisitions\ResolutionAcceptingDeed_091415.doc -� Warranty Deed c N (Corporate/Business Entity Grantor) • THE IOWA STATE BAR ASSOCIATION ' Official Form#335 Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Brian J. Kane, 2100 Asbury Road, Suite 2,Dubuque, IA 52001, (566) 582-7980 Taxpayer Information: (Name and complete address) City of Dubuque, 300 Main Street, Suite 330, Dubuque,IA 52001 Return Document To: (Name and complete address) City of Dubuque, 300 Main Street, Suite 330, Dubuque, IA 52001 Grantors: Grantees: McFadden Properties, L.L.P. City of Dubuque, Iowa Legal description: See Page 2 Document or instrument number of previously recorded documents: O The Iowa State Bar Association 2005 IOWADOCSO THE IOWA STATE BAR ASSOCIATION FOR THE LEGAL EFFECT OF THE USE OF Official Form No.335 Brian J. Kane THIS FORM,CONSULT YOUR LAWYER N Warranty Deed (Corporate/Business Entity Grantor) For the consideration of ten ($10.00) Dollar(s) and other valuable consideration, McFadden Properites. L.L.P. i a(n) limited liability partnership organized and existing under the laws of Iowa does hereby Convey to City of Dubuque lova_ a municipal corporation. the following described real estate in Dubuque County, Iowa: Lot 2 of McFadden Farm Place, in the City of Dubuque, Iowa, accordinc, to the recorded Plat thereof, subject to easements and restrictions of record. The grantor hereby covenants with grantees, and successors in interest, that it holds the real estate by title in fee simple; that it 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 it covenants to Warrant and Defend the real estate against the lawful claims of all persons, except as may be above stated. Words and phrases herein, including acknowledgment hereof, shall be construed as in the sin- gular or plural number, according to the context. Dated: McFadden Properites. L.L.P. a(n) limited liability partnership By v McFadden, Partner By Janice is Partner STATE OF IO'UA COUNTY OF DUBUQ.Y This record was acknowledged before me on this day of September 201; by Gaiv McFadden and Janice Douahert<- as Partner and Partner. respectively of McFadden Pro erites L.L.P. / ��.• t� BRIAN J.KANE Signa ure f N tary Public Commission Number 125603 iox* My Comm.Exp.JAN.12,2016 ©The Iowa State Bar Association 2013 335 WARRANTY DEED(CORPORATEIBUSINESS ENTITY DEED) IOWADOCS© Revised Augus;2013 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 PREPARED BY: IIW, P.0 4155 PENNSYLVANIA AVE 11 11 11 11 11 Doc ID: 008312950005 Type: GEN Kind: SURVEY PLAT Recorded: 09/11/2015 at 01:23:12 PM Fee Amt: $27.00 Pape 1 of 5 Dubuque County Iowa John Murphy Recorder F11e2015-00011775 DUBUQUE, IOWA (563) 556-2464 SE1 /4-NE1/4 SEC. 30, T89N, R2E PLAT OF SURVEY MCFADDEN FARM PLACE IN THE CITY OF DUBUQUE, IOWA SW1/4-NW1/4 SEC. 29, T89N, R2E NE CORNER NW1/4 SW1/4 SECTION 29 REBAR NO CAP SE1 /4-N W1 /4 SEC. 29, T89N, R2E N87'30'1 4"E 1,336.24' N8734 02'E 51 h.F 17,10 w iO 0 0 N W1/4 CORNER SEC. 29, T89N, R2E, 5TH P.M. FOUND CONCRETE MONUMENT LOT 1 DUBUQUE INDUSTRIAL CENTER SEVENTH ADD. 8.18 (518.28') .01 2 P001j10N W NOER LOT 2 36.42 TOTAL ACRES 1.21 AC. EX PERM. EASEMENT 35.21 ACRES NET (402.67) L=284.01' R=1050.00' A=15'29'51" CHORD=S59'34'17"W 283.14' S51'49'21 "W 83.07' EX PERMANENT EASEMENT LINE PER INST. 1965-02 (4779.7`) 102.74—� LOT 1 0 M L=822.16' R=950.00' A=4915'08" CHORD=S76'36'56"W 796.74' N7g 35,29" 247,37. (24739) FOUND NAIL 8/ WASHER #12631 NW CORNER SW1/4 SW1/40 SECTION 29 rn JO '^ I j �3- Jm 03 0 U ~J h co � N ri 1.0 _N87'47'00"E LOT A, SW1/4-SW1/4 1337.47' (1337.46') S78'3 29" 223 78 to L=908.70' 49'35'08" 880.61' 0. EX PERMANENT EASEMENT LINE PER INST. 1964-02 NE CORNER SW1/4 SW1/4 SECTION 29 N 07.71' (107.77') as O L=218.74' R=950.00' X13'11'34" CHORD=N58'25'08"E 218.26' LOT 3 0 Z LOT 1 24.23 TOTAL ACRES 1.27 AC. EX PERM. EASEMENT 22.96 ACRES NET 0 LOT C 93 Q SEC. 29, TEI9N, R2E SW1/4 CORNER 5Th P.M. FOUND (1342.81') CONC MONUMENT 24' PART OF LOT 1-1 SW1 /4-SW1 /4 LYING SOUTH OF RAILROAD RIGHT-OF-WAY, SEC. 29 LOT 2-1 SEC. 29 YELLOW CAP NO. 9651 LOT 2-1 SE1/4-SW1/4 SEC. 29 0 LEGEND PROPERTY BOUNDARY — PROPERTY LINE — EASEMENT LINE RECORDED AS FOUND 5/8" REBAR RED PLASTIC CAP NO. 12631 UNLESS NOTED SET 5/8" REBAR RED PLASTIC CAP NO. 21408 RIGHT—OF—WAY EXISTING NORTH GRAPHIC SCALE 0 300 600 1" = 300' DESCRIPTION: PART OF THE NW1/4 OF THE SW1/4 AND THAT PORTION OF LOT 1-1 IN THE SW1/4 OF THE SW1/4 LYING NORTH OF THE RAILROAD RIGHT—OF—WAY IN DRAWING MAY HAVE BEEN REDUCED SECTION 29, T89N, R2E IN THE 5TH P.M., IN THE CITY OF DUBUQUE, IA, EXCEPT THAT PART SOLD TO THE CITY OF DUBUQUE (LOT A, INST. NO'S. 1964-02 & 1965-02) BY WARRANTY DEED, INST. NO. 2671-02, RECORDS OF DUBUQUE COUNTY RECORDER. PROPRIETOR: MCFADDEN PROPERTIES, L.L.P. SURVEYED FOR: CITY OF DUBUQUE DATE OF SURVEY: AUGUST 2015 TOTAL AREA SURVEYED: 62.65 ACRES NOTE THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS—OF—WAY OF RECORD AND NOT OF RECORD. ; LS 21408 0000 I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY mE OR UNDER MY DIRECT PERSONAL SUPERMSION AND THAT I AM ,A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE .OF IOWA. CRAIG L. GEI ER DATE LICENSE NO.,21 8 MY LICENSE RENEWAL DATE Is 12/31/2016 SHEETS 1 '3c 2 ONLY PAGES OR SHEETS COVERED BY THIS SEAL DRAWN SAF CWILUMMURING CONSTPUMIONSERVICES UWOMMVENMO STRUM., ENGINEERING PLAT NO, 24 -IA -15 NECKED CLG PRO,J. NO 5079 DATE 8-25-15 SHEET o 2 -000 RESOLUTION NO. 258-15 APPROVING AN OFFER TO BUY AND ACCEPTANCE FOR THE ACQUISITION OF REAL ESTATE OWNED BY MCFADDEN PROPERTIES LLP IN DUBUQUE COUNTY, IOWA Whereas, McFadden Properties LLP is the owner of the following real property (the Property): ALL THAT PART OF THE NW 1/4 OF THE SW 1/4 OF SECTION 29, T89N, R2E OF THE 5TH P.M. LYING NORTH OF THE NORTHERLY RIGHT OF WAY LINE OF CHAVENELLE RD. AS SHOWN ON ACQUISITION PLAT RECORDED AS INSTRUMENT NO. 1965-02 IN THE DUBUQUE COUNTY RECORDER'S OFFICE and Whereas, the City Manager has tentatively agreed to purchase the Property from McFadden Properties LLP, subject to the approval of an Offer to Buy Real Estate and Acceptance between the City of Dubuque and McFadden Properties LLP, 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 Properties LLP. 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 20th day of July, 2015. fi /r) (L A -1-64-K Roy D. Buoayor Attest: Kevin S. Firnstah(, City' perk F:\USERS\tsteckle\Lindahl\McFadden Properties - Industrial Park Property Acquisitions\ResolutionApprovingOfferToBuy_071315.doc 2 CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Trish L. Gleason, do hereby certify that I am the duly appointed, qualified, Assistant City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such Assistant 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. 258-15 is a correct copy of the original Resolution No. 258-15 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 20th day of July, 2015. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 11th day of September, 2015. Trish L. Gleason, Assistant City Clerk muni uiii11 ami 111111 11 111111 iiN Doc ID 008312970002 Type GWH Kind: GROUNDWATER HAZARD Recorded: 09/11/2015 at 01:23:51 PM Fee Amt: $0.00 Page 1 of 2 Dubuque County Iowa John Murphy Recorder Fi1e2015_00001597 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name McFadden Properites, L.L.P. Address c/o Gary McFadden, 14005 Old Highway Rd., Dubuque, IA 52002 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name City of Dubuque, Iowa Address c/o 300 Main Street, Suite 330, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: Vacant Land Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) Lot 2 of McFadden Farm Place, in the City of Dubuque, Iowa, according to the recorded Plat thereof, subject to easements and restrictions of record. 1. Wells (check one) >c 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. krtLid Waste Disposal (check one) 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) 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 542-0960 (July 18, 2012) 2. '5 L 5. Pri to 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. X 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: Gary McFadden, Partner FILE WITH RECORDER Telephone No.: (563) 580-8591 DNR form 542-0960 (July 18, 2012) I11111I11111dIIIIIIItlV11IN111B111INII1111AI'M1111nl Doc ID: 008312980002 Type. GEN Kind: AFFIDAVIT OF POSSESSION Recorded: 09/11/2015 at 01:24:18 PM Fee Amt: $12.00 Page 1 of 2 Dubuque County Iowa John Murphy Recorder Fi1e2015-00011777 AFFIDAVIT OF POSSESSION THE IOWA STATE BAR ASSOCIATION Official Form #154 Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Brian J. Kane, 2100 Asbury Road, Suite 2, Dubuque, IA 52001, Phone: (563) 582-7980 Taxpayer Information: (Name and complete address) McFadden Properties, L.L.P., c/o Gary McFadden, 14005 Old Highway Road, Dubuque, IA 52002 Return Document To: (Name and complete address) Brian J. Kane, 2100 Asbury Road, Suite 2, Dubuque, IA 52001 Grantors: Grantees: Legal description: See Page 2 Document or instrument number of previously recorded documents: © The Iowa State Bar Association 2013 IOWADOCS® 1�°v y it_ THE IOWA STATE BAR ASSOCIATION Official Form No. 154 Brian J . Kane FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER y TO WHOM The That are Dubuque AFFIDAVIT IT MAY CONCERN: STATE Undersigned first being duly sworn McFadden Properties, L.L.P. OF POSSESSION OF IOWA, COUNTY OF DUBUQUE , ss: (affirmed) upon oath deposes and states: now the record titleholders County, of the following described real estate situated in to -wit: Place, in the City of Dubuque, Iowa, according to the subject to easements and restrictions of record. L.L.P. Lot recorded That said are now in herein stated. is familiar purpose of 614.17 and Dated this Signed by Gary McFadden 2 of McFadden Farm Plat thereof, McFadden Properties, complete actual and sole possession of all of said real That this affidavit is made from the personal knowledge with said real estate, its titleholders, and its parties in confirming title to the above described real estate under 614.14A, Code of Iowa, and other statutes relative thereto. 1/ -lay of September , 2015 . estate except as may be of the undersigned who possession; and is for the the provisions of Sections and sworn to (or affirmed) as a partner of McFadden ')C, 1117.- i Gary McFadden, Partner, Affiant before me this /) day of September , 2015 , Properties, L.L.P. . w *vu: * rorb► BRIAN J. KANE Commission Number 125603 My Comm. Exp. JAN. 12, 2018 ignatof rotary Public © The Iowa State Bar Association 2013 154 AFFIDAVIT OF POSSESSION IOWADOCS© Revised August 2013 Doc ID: 008320520004 Type: Kind: CORRECTION DEED Recorded: 09/24/2015 at 04:21:21 PM Fee Amt: $27.00 Page 1 of 4 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder �} /� Q File20 1 5--000 .i LLT 1 9 Warranty Deed (Corporate/Business Entity Grantor) THE IOWA STATE BAR ASSOCIATION Official Form #335 Recorder's Cover Sheet Doc ID: 008312960005 Type: GEN Kind: DEED WITH RESOLUTION Recorded: 09/11/2015 at 01:23:41 PM Fee Amt: $2,188.00 Page 1 of 5 Revenue Tax: $2,156.00 Dubuque County Iowa John Murphy Recorder 1i i �]%(� Fi1e2015_0001 1 ! / 6 Preparer Information: (Name, address and phone number) Brian J. Kane, 2100 Asbury Road, Suite 2, Dubuque, IA 52001, (566) 582-7980 Taxpayer Information: (Name and complete address) City of Dubuque, 300 Main Street, Suite 330, Dubuque, IA 52001 Return Document To: (Name and complete address) City of Dubuque, 300 Main Street, Suite 330, Dubuque, IA 52001 Grantors: Grantees: McFadden Properties, L.L.P. City of Dubuque, Iowa Legal description: See Page 2 Document or instrument number of previously recorded documents: © The Iowa State Bar Association 2005 IOWADOCS® 5 as THE IOWA STATE BAR ASSOCIATION Official Fbrrn,No. 335 Brian J. Kane. FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER valuable For the consideration consideration, McFadden Warranty Deed (Corporate/Business Entity Grantor) • of ten ($10.00) Dollar(s) and other Properites, L.L.P. , a(n) the municipal limited liability partnership organized and existing under Dubuque, Iowa, a laws of Iowa does hereby Convey to City of corporation, the following described real estate Place, in the City of Dubuque, restrictions of record. covenants with grantees, and that it has good and lawful authority clear of all liens and encumbrances, Defend the real estate against herein, including acknowledgment to the context. /if)0149i5- in Dubuque County, Iowa: Lot subject estate the covenants may gular Dated: STATE by 2 of McFadden Farm to easements and The grantor hereby by title in fee simple; real estate is free and to Warrant and be above stated. Words and phrases or plural number, according F Iowa, according to the recorded Plat thereof, successors in interest, that it holds the real to sell and convey the real estate; that except as may be above stated; and it the lawful claims of all persons, except as hereof, shall be construed as in the sin- Properites, L.L.R. OF IOWA , COUNTY McFadden a(n) limited liability partnership By /, Glary McFadden, Partner By 6, Janice Dougherty , Partner OF DUBUQ , 2015 , This record was acknowledged before me on this Gary McFadden and Janice Dougherty /2 day of September as Partner and Partner, respectively of McFadden Pro.erites L.L.P. - J� _ 41119116/2i' ,' ''. '44 IF vot 1„..w.,, 40, BRIAN J. KANE Commission Number 125603 MY Comm. Exp. JAN. 12, 2016 Signar •f N•tary Public © The Iowa State Bar Association 2013 335 WARRANTY DEED (CORPORATE/BUSINESS ENTITY DEED) IOWADOCS© Revised August 2013 RESOLUTION NO. 319-15 ACCEPTING THE DEED TO CERTAIN REAL ESTATE OWNED BY MCFADDEN PROPERTIES, L.L.P. IN DUBUQUE COUNTY, IOWA Whereas, the City of Dubuque, Iowa entered into a Purchase Agreement on July 10, 2015, with McFadden Properties, L.L.P. for the purchase of certain real property in Dubuque County, legally described as follows: ; and Lot 2 of McFadden Farm Place, in the City of Dubuque, Iowa, according to the recorded Plat thereof, subject to easements and restrictions of record 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 McFadden Properties, L.L.P., 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 21st day of September, 2015. Attest: KevinS. Firnstahl, ity Clerk F:\USERS\tsteckle\Lindahl\McFadden Properties - Industrial Park Property Acquisitions\ResolutionAcceptingDeed_091415.doc CERTIFICATE of tfie CITY CLERK STATE OF IOWA ) 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. 319-15 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 23rd day of September, 2015. Kevin S. Firnstafit C C, City Clerk