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Property Acquisition - McFadden Family Partnership, LLP_Accepting Deed Copyright 2014 City of Dubuque Consent Items # 19. ITEM TITLE: Property Acquisition - McFadden Family Partnership, L.L.P. SUMMARY: City Attorney recommending adoption of a resolution accepting the deed to property owned by McFadden Family Partnership L.L.P. in Dubuque County, Iowa. RESOLUTION Accepting the Deed to Certain Real Estate Owned by McFadden Family Partnership, 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 Family Partnership, L.L.P. The City entered into a Purchase Agreement dated June 26, 2015 with McFadden Family Partnership, 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 Family Partnership-Industrial Park Land Acquisition\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. 320-15 ACCEPTING THE DEED TO CERTAIN REAL ESTATE OWNED BY MCFADDEN FAMILY PARTNERSHIP, L.L.P. IN DUBUQUE COUNTY, IOWA Whereas, the City of Dubuque, Iowa entered into a Purchase Agreement on June 26, 2015, with McFadden Family Partnership, L.L.P. for the purchase of certain real property in Dubuque County, legally described as follows: ; and Lot 1 of Lot 1 of the NW 1/4 of the NW 1/4 and The South 1/2 of the NW 1/4 in Section 29, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa Lot 1 of Dubuque Industrial Center Seventh Addition in the City of Dubuque, Iowa Lot 2 McFadden Farm Place #2 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 Family Partnership, 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: Kevi S. Firnstahl, Ci Clerk Lprr t V. Sutton, Mayor Pro Tern F:\USERS\tsteckle\Lindahl\McFadden Family Partnership - Industrial Park Land Acquisition\ResolutionAcceptingDeed_091415.doc 7 Warranty Deed (Corporate/Business Entity Grantor) �to THE IOWA STATE BAR ASSOCIATION Official Form#335 S°c-LON 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, Iowa, 300 Main Street, Suite 330,Dubuque, IA 52001 Return Document To: (Name and complete address) City of Dubuque,Iowa, 30-0 Main Street, Suite 330,Dubuque, IA 52001 Grantors: Grantees: McFadden Family Partnership, L.L.P. City of Dubuque, Iowa Legal description: See Page 2 Document or instrument number of previously recorded documents: ©The Iowa Stale Bar Association 2005 IOWADOCSO THE IOWA STATE BAR ASSOCIATION �/ FOR THE LEGAL EFFECT OF THE USE OF J b Official Form No.335 Brian J. ane THIS FORM,CONSULT YOUR LAWYER i Warranty Deed (Corporate/Business Entity Grantor) Ire( l \\ For the consideration of ten (510.00) Dollar(s) and other valuable consideration, McFadden Family Partnership. L.L.P. a'k/a McFadden Family Partnership I a(n) limited liability company organized and existing under the laws of Iowa does hereby Convey to City of Dubuque. Towa the following described real estate in Dubuque County, Iowa: Lot 1 of Lot 1 of the NW 1/4 of the NW 1/=4 and the South 1/2 of the NW 1/4 in Section 29, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa; and Lot One (1) of Dubuque Industrial Center Seventh Addition in the City of Dubuque, Iowa, according to the recorded plat thereof; and Lot T�,vo (2) of McFadden Farm Place ;"2 in the City of Dubuque, Iowa, according to the recorded plat thereof. 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: �� ��r McFadden Family Partnership, L.L.P. a/k/a McFadden Family Pai-tnershill a(n) limited liability companv By x - 1I Philip . V ei , Partner i By k 11' lvi Eggr ai`til r STATE OF IOWA COUNTY OF DUBUQU This record was acknowledged before me on this ay of September 2015 by Philip R McFadden and Carolyn Eaaers as Partner and Partner. respectively of McFadden Family Partnership. L.L.P. a/k/a McFadden Family Partne 1 Signature otarp/ Public BRIAN J. KANE * � Commission Number 125603 nw► MY Comm.Exp.JAN,12,2016 ©The Iowa State Bar Association 2013 335 WARRANTY DEED(CORPORATEIBUSINESS ENTITY DEED( IOWADOCSa Revised Augusl 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 uOPY PREPARED BY: hoc ID: 008312990005 Type: GEN Kind: SURVEY PLAT Recorded: 89/11/2015 at 01:25:01 PM Fee Amt: $27.00 Pape 1 of 5 Dubuque County Iowa John Murphy Recorder F11e2015-00011778 IIW, P.C. 4155 PENNSYLVANIA AVE DUBUQUE, IOWA (563) 556-2464 FOUND 1" IRON PIPE NW 1/4 CORNER SECTION 29, T89N, R2E SET MAG NAIL NORTH LINE SECTION 29 1,346.11' _ ('1; 346.3cfr— I 9.74' 33.00' w N 00 !no CD c' 3 N8 03 PLAT OF SURVEY MCFADDEN FARM PLACE #2 N THE CITY OF DUBUQUE, IOWA "15'17"E 3/4" REBAR W/ YELLOW CAP 2,679.21' (2,679.50') N87'31'45"E 200.01' N8731'45"E 200.01' LOT 1-1 IN NW1/4—NW1/4 SECTION 29, T89N, R2E SW CORNER NE1 /4—N W1 /4 SECTION 29, T89N, R2E SET REBAR SW1/4—NW1/4 SEC. 29, T89N, R2E NORTH GRAPHIC SCALE 0 200 400 1" = 200' DRAWING MAY HAVE BEEN REDUCED 5/8" REBAR W/ RED CAP #9651 Q. PENNSYLVANIA AVE 537.57' N8T31'45"E 146.50° N8731'45"E 146.34' LOT 2 6.09 TOTAL ACRES 0.15 ACRES IN R.O.W. 5.94 ACRES NET LEGEND N 1/4 CORNER SECTION 29, T89N, R2E FOUND X CUT (66' R.O.W.) 1 N87'17 24 E 986.80 N817'24"E 953.67N87 -17'24"E (33') DETAILS: NO SCALE (TYP) LOT 1 34.50 TOTAL ACRES 1.84 ACRES IN R.O.W. 32.66 ACRES NET S87'22'42"W PROPERTY BOUNDARY — - - — PROPERTY LINE RECORDED AS FOUND 5/8" REBAR RED ■ PLASTIC CAP NO. 12631 UNLESS NOTED SET 5/8" REBAR RED PLASTIC CAP NO. 21408 SET MAG NAIL IN PAVEMENT UNLESS NOTED R.0.W. RIGHT-OF-WAY 0 DESCRIPTION: NE1/4 OF THE NW1/4 IN SECTION 29, T89N, R2E IN THE 5TH P.M., IN THE CITY OF DUBUQUE, IOWA PROPRIETOR: MCFADDEN FAMILY PARTNERSHIP SURVEYED FOR: CITY OF DUBUQUE DATE OF SURVEY: AUGUST 2015 TOTAL AREA SURVEYED: 40.59 ACRES \\\1\ a 11111111111 /1/, 10. W4 CRAIG L. GEISER LS 21408 ',7, fit r�111N O 1,101.52' 1,334.54' SE1/4—NW1/4 SEC. 29, T89N, R2E (33') • I O tz SE CORNER NE1/4-NW1/4 SECTION 29, — T89N, R2E SET X CUT 33.00' SE CORNER SE1 /4-NW1 /4 SECTION 29, T89N, R2E SET X CUT LOT 1, DUBUQUE INDUSTRIAL CENTER 7TH ADD. C0 00 60 N 10 rn b(0 N Iw 91 0 5/8" REBAR W/ RED CAP #12631 33.11' N OTE THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD AND NOT OF RECORD. I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. FOR IIW, P.C. 2.5-45 CRAIG L. GEI R DATE LICENSE NO. 21 08 MY UCENSE RENEWAL DATE IS 12/31/2016 PAGES OR SHEETS COVERED BY THIS SEAL SHEETS 1 & 2 ONLY 1m,P.c. t IIW INTEGRITY.EXPERTHSE.SOLU11ONS nN.U0engr.com • 800.556.4491 ENVIRONMENTAL ENGINEERING UNOMMVEYING MONICIPALENGINEERWO wmumuRALENGHammG TRAMPOKMVON ENGINEERING DRAWN SAF PLAT NO. 25 -IA -15 CHECKED CLG PROD. NO. 15079 DATE 8-28-15 SHEET 1of 2 P:\15\079\DRAWINGS\SURVEY\15079-PLAT1 '0 a CQzv IL 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 '/ NW '/ § 29 T89N R2E 5th PM (40 acres + or -) Lot 1 of Lot 1 of NW ' NW '/ § 29 T89N R2E 5th PM (38.4 acres + or -) West 200 feet of NE '/ NW '/ § 29 T89N R2E 5th PM (6 acres + or -) SE'/ NW'/ § 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. Attest: Kevin S(Firnstahl, City Clerk Roy D. Buol, I I yor F:\USERS\tsteckle\Lindahl\McFadden Family Partnership - Industrial Park Land Acquisition\ResolutionApprovingOfferToBuy_062915.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. 244-15 is a correct copy of the original Resolution No. 244-15 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 6th 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 IIlI IllII II IH III 10111 OM 111 010 II 11 llII II 11 Doc ID 008313010003 Type GWH Kind GROUNDWATER HAZARD Recorded: 09/11/2015 at 01:25:57 PM Fee Amt: $0.00 Page 1 of 3 Dubuque County Iowa John Murphy Recorder Fi1e2015_00001598 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name McFadden Family Partnership, L.L.P. a/k/a McFadden Family Partnership Address c/o Philip R. McFadden, 1202 Oakview Drive, Oskaloosa, IA 52577 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name City of Dubuque, Iowa Address 300 Main St., Suite 330, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: Vacant Farmland Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) See 1 in Addendum 1. Wells (check one) 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. Solid 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) 2O[5-Il119 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. 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: �J (Transferor or Ag (1- 407, -:9 , Telephone No.: (641) 676-4073 FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) Addendum 1. Lot 1 of Lot 1 of the NW 1/4 of the NW 1/4 and the South 1/2 of the NW 1/4 in Section 29, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa; and Lot One (1) of Dubuque Industrial Center Seventh Addition in the City of Dubuque, Iowa, according to the recorded plat thereof; and Lot Two (2) of McFadden Farm Place #2 in the City of Dubuque, Iowa, according to the recorded plat thereof. i11110uwuwu11111111iHixum1111111muuiii1111a Doc ID 008313020002 Type GEN Kind AFFIDAVIT OF POSSESSION Recorded: 09/11/2015 at 01:26:26 PM Fee Amt: $12.00 Page 1 of 2 Dubuque County Iowa John Murphy Recorder Fiie2015-00011780 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 Rd, Ste 2, Dubuque, IA 52001, Phone: (563) 582-7980 Taxpayer Information: (Name and complete address) McFadden Family Partnership, L.L.P., c/o Philip R. McFadden, 1202 Oakview Drive, Oskaloosa, IA 52577 Return Documentn, 20To: (Name and complete Iaddress)01 AsburyDubuque, Grantors: Grantees: Legal description: See Page 2 Document or instrument number of previously recorded documents: © The Iowa State Bar Association 2013 IOWADOCS® QP (,iIi,I CQ.tu lL THE IOWA STATE BAR ASSOCIATION Official Form No. 154 B .i l� Brian T. TT ane FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER t -A: s c TO WHOM The That are Dubuque l', a AFFIDAVIT .11.4L. IT MAY CONCERN: STATE Undersigned first being duly sworn McFadden Family Partnership, OF POSSESSION OF IOWA, COUNTY OF DUBUQUE , ss: (affirmed) upon oath deposes and states: L.L.P. now the record titleholders County, of the following described real estate situated in to -wit: of the NW 1/4 and the South 1/2 of the NW 1/4 in Section 29, Township 89 P.M., Dubuque County, Iowa; and Center Seventh Addition in the City of Dubuque, Iowa, according to Place #2 in the City of Dubuque, Iowa, according to the recorded plat Partnership, L.L.P. Lot 1 of Lot North, Range Lot One (1) the recorded Lot Two (2) thereof. That said are now in herein stated. is familiar purpose of 614.17 and Dated this Signed by Philip 1 of the NW 1/4 2 East of the 5th of Dubuque Industrial plat thereof; and of McFadden Farm McFadden Family 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.,,7A, Code of Iowa, and other statutes relative thereto. 11—day of September , 2015 . estate except as may be of the undersigned who possession; and is for the the provisions of Sections _ dfa Q R. McFadden, Partner, Affiant September , 2015 , and sworn to (or affirmed) R. McFadden as Partner of McFadden 6---- 0 IShilip r' before me this (1 day of Family Partnership, L.L.P. * .: * Am BRIAN J. KANE Commission Number 125603 My Comm. Exp. JAN. 12, 2016 Signature .f, otary Public © The Iowa State Bar Association 2013 154 AFFIDAVIT OF POSSESSION IOWADOCSO Revised August 2013 11111111111111111111 II 11 1111 n Ni I'II Doc ID 008320530004 Type GEN Kind CORRECTION DEED Recorded: 09/24/2015 at 04:22:09 PM Fee Amt: $37.00 Page 1 of 4 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder F11e2015-00012420 Warranty Deed (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 Doc ID: 008313000005 Type GEN Kind DEED WITH RESOLUTION Recorded: 09/11/2015 at 01:25:45 PM Fee Amt: $3,486.00 Page 1 of 5 Revenue Tax: $3,444.00 Dubuque County Iowa John Murphy Recorder F11e2015-00011779 Taxpayer Information: (Name and complete address) City of Dubuque, Iowa, 300 Main Street, Suite 330, Dubuque, IA 52001 Return Document To: (Name and complete address) City of Dubuque, Iowa, 300 Main Street, Suite 330, Dubuque, IA 52001 Grantors: Grantees: McFadden Family Partnership, 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® THE IOWA STATE BAR ASSOCIATION Official Form No. 335 7 Brian J . Kane FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER l SQ( valuable r`I(Corporate/Business ,m5 X07' For the consideration consideration, McFadden Warranty Deed Entity Grantor) of ten ($10.00) Dollar(s) and other Family Partnership, L.L.P. a/k/a McFadden Family Partnership a(n) the limited liability company organized and existing under Dubuque, Iowa laws of Iowa does hereby Convey to City of the following described 1/4 of the NW 1/4 the 5th P.M., Dubuque Industrial Center Seventh and Farm Place #2 in covenants with that it has good clear of all liens Defend the real herein, including to the context. a (, 0206 real estate in Dubuque County, Iowa: Lot 89 Lot to the Lot thereof. estate the covenants may gular Dated: STATE by Philip 1 of Lot 1 of the North, Range 2 East One (1) of Dubuque recorded plat thereof; Two (2) of McFadden The grantor hereby by title in fee simple; real estate is free to Warrant be above stated. Words and phrases or plural number, fPrFM s36/A- NW of and and according and the South 1/2 of the NW 1/4 County, Iowa; and Addition in the City of Dubuque, the City of Dubuque, Iowa, according grantees, and successors in interest, and lawful authority to sell and convey and encumbrances, except as may estate against the lawful claims of acknowledgment hereof, shall be in Section 29, Township Iowa, according to the recorded plat that it holds the real the real estate; that be above stated; and it all persons, except as construed as in the sin- L.L.P. a/k/a OF IOWA , COUNTY McFadden Family Partnership, McFadden Family Partnership a(n) limited liability company By 34 / ` / ,, ,e, /Y/1,,,Q.,�e.___„) Philip R. McF. e den , Partner ar•l n E. ser. 'ar n-r OF DUBUQr 2015 , This record was R. McFadden acknowledged before and Carolyn Eggers me on this 11 ay of September as Partner and Partner, respectively of McFadden Family Partnership, L.L.P. a/k/a McFadden Family Partne 7 Orr. / . Signature otar Public tattatBFUAN. iewr KNE Commission NuJmberA125603 My Comm. Exp. JAN. 12, 2016 © The Iowa State Bar Association 2013 IOWADOCS® 335 WARRANTY DEED (CORPORATE/BUSINESS ENTITY DEED) Revised August 2013 RESOLUTION NO. 320-15 ACCEPTING THE DEED TO CERTAIN REAL ESTATE OWNED BY MCFADDEN FAMILY PARTNERSHIP, L.L.P. IN DUBUQUE COUNTY, IOWA Whereas, the City of Dubuque, Iowa entered into a Purchase Agreement on June 26, 2015, with McFadden Family Partnership, L.L.P. for the purchase of certain real property in Dubuque County, legally described as follows: Lot 1 of Lot 1 of the NW 1/4 of the NW 'A and The South 1/2 of the NW '/4 in Section 29, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa Lot 1 of Dubuque Industrial Center Seventh Addition in the City of Dubuque, Iowa Lot 2 McFadden Farm Place #2 ; 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 Family Partnership, 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, Ci yfblerk F:\USERSItstecklelLindahl\McFadden Family Partnership - Industrial Park Land Acquisition\ResolutionAcceptingDeed_091415.doc CERTIFICATE of the 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. 320-15 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. !1i` Kevin . irnstahl, c MC,► ity Clerk