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Washington Court_Cresent CHC Deed AcceptanceTHE Crrv OF Dubuque DUB E ~"~''~~~ ~,f Masterpiece on the Mississippi 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Washington Court/Crescent Community Health Center DATE: February 12, 2008 City Attorney Barry Lindahl recommends City Council acceptance of the Warranty Deed from Washington Court, LP, and Pine Box, LLLP, for property for the parking lot at the Crescent Community Health Center project. I concur with the recommendation and respectfully request Mayor and City Council approval. `~2 ~,1, Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager THE CITY OF DUB E MEMORANDUM Masterpiece on the BARRY LIND~h CITY ATTORNE To: DATE: RE: Michael C. Van Milligen City Manager February 12, 2008 Washington Court/Crescent Community Health Center 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 Crescent Community Health Center project. We closed February 11, 2008 on the property exchange. Enclosed is the Warranty Deed from Washington Court and Pine Box as well as the Resolution Accepting the Deed. I recommend that the Warranty Deed and accompanying Resolution Accepting the Deed be submitted to the City Council for consideration and approval. Enclosure cc: Cindy Steinhauser, Assistant City Manager F:\USERS\tsteckle\Lindahl\Washington Court LP (Pine Box LLLP)WIVM_ResolutionAcceptingWarrantyDeed_021208.doc OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 3OO MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org Prepared by Barry A. Lindahf 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 Return to Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 RESOLUTION. NO. 59-08 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM WASHINGTON COURT, L.P. AND PINE BOX, L.L.L.P. WHEREAS, the City of Dubuque entered into an Agreement with Washington Court, L. P. and Pine Box, L.L.L.P. dated November 20, 2006 for the purchase of the following described real property in Dubuque County, Iowa: Washington Court First Addition to the City of Dubuque, Dubuque County, Iowa AND WHEREAS, the terms of the Agreement 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 Washington Court, L. P. and Pine Box, L.L.L.P. 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 18th day of February, 2008 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Return to: City of Dubuque, 50 West 13`" Street, Dubuque, Iowa 52001 Address tax statement to: City of Dubuque, 50 West 13"' Street, Dubuque, Iowa 52001 WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: That Washington Court, L.P., a limited partnership, 14 W 21st Street Suite 3, Spencer, Iowa 51301, and Pine Box, L.L.L.P, a limited liability limited partnership, 1056 Main Street, Dubuque, Iowa 52004. in consideration of the sum of one dollar and other good and valuable consideration in hand paid do hereby Convey unto City of Dubuque, Iowa, address: 50 West 13th Street, Dubuque, Iowa 52001, the following described real estate, situated in Dubuque County, Iowa, to-wit: Washington Court First Addition to the city of Dubuque, Dubuque County, Iowa. NOTE: Deed given in fulfillment of agreement memorialized by memorandum of agreement filed February 20, 2007, as instrument No. 2007-2489 of the land records of Dubuque County, Iowa. And the grantors do Hereby Covenant with the said grantees, and successors in interest, that said grantors hold said real estate by title in fee simple; that they have good and lawful authority to sell and convey the same; that said premises are Free and Clear of all Liens and Encumbrances Whatsoever except as may be above stated; and said grantors Covenant to Warrant and Defend the said premises against the lawful claims of all persons whomsoever, except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the above described premises. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. Signed this day of , 2007. PINE OX L.L.L.P., WASH ON U T, L.P., BY: ~-~ ~ ~ BY: / J hn Gronen Doug L Bou ty /, STA OF IOWA, COUNTY Off' ~~~ ~ ~ } SS A~ This instrument was acknowled before me on this ~~ day of U .~ k-~A uCir , 2007, by John Gronen, as President of Gronen Restoration, Inc. the e e Partner of Pine Box, L.L.L.P. LAURIE N TKs'6FS . No~arla ~.ai - a~.o _/~ GLL ~ ~ _.~ .. ~ S ~ ~ ~~~ Notar Public - Sta of Iowa My ~omr-w+bn 6pir«~-~ ~- (~, '7 Y STATE LAY } SS ), hi instrument was acknowledged before me on this ~ day of ~~ ' ~~.~ , 2007, by Doug LaBounty as President of Community Housing Ini iatives, Inc., the General Partner of Wash' on Cour a limited partnership. ,~. ~ ~ Notar Public -State of wa MICHAEL L. ZENOR _•~ E May e, Zoos