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Purchase of Twin Ridge Water, Inc._Accepting Deed_Grace Mueller Property Copyright 2014 City of Dubuque Consent Items # 7. ITEM TITLE: Purchase of Twin Ridge Water, Inc. SUMMARY: City Manager recommending acceptance of the Warranty Deed and Quit Claim Deed to two parcels of property the City of Dubuque gained title to as part of the Twin Ridge Asset Purchase Agreement and the Offer to Buy Real Estate and Acceptance by and between the City and the Grace M. Mueller Revocable Family Trust and the Raymond M. Mueller Irrevocable Family Trust. It is further recommended that the City Council approve a lease that was a term and exhibit in the Asset Purchase Agreement, and the Offer to Buy, and the City's consent to a restriction on the well parcel that the City acquired ownership to as part of the Asset Purchase Agreement. RESOLUTION Accepting the Warranty Deed to certain real estate in Dubuque County, Iowa and the Quit Claim Deed to certain real estate in Dubuque County, Iowa, and approving other supporting documents related to the Asset Purchase Agreement for the sale and transfer of existing assets by and between the City of Dubuque, Iowa and Twin Ridge Water, Inc., in Dubuque County, Iowa and the Offer to Buy and Acceptance for the acquisition of real estate owned by the Grace M. Mueller Revocable Family Trust and Raymond M. Mueller Irrevocable Family Trust in Dubuque County, Iowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type ❑ Twin Ridge Purchase-MVM Memo City Manager Memo ❑ Staff Memo Staff Memo ❑ Resolution Resolutions ❑ Warranty Deed Supporting Documentation ❑ Quit Claim Deed Supporting Documentation ❑ Amendment To Agreement&City Consent Supporting Documentation ❑ Lease and Addendum Supporting Documentation ❑ Notification of Cancellation of Agreement Supporting Documentation THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of Deeds and Approval of Supporting Documents for the Twin Ridge Water, Inc. Purchase DATE: November 12, 2015 Assistant City Attorney Maureen Quann recommends City Council acceptance of the Warranty Deed and Quit Claim Deed to two parcels of property the City of Dubuque gained title to as part of the Twin Ridge Asset Purchase Agreement and the Offer to Buy Real Estate and Acceptance by and between the City and the Grace M. Mueller Revocable Family Trust and the Raymond M. Mueller Irrevocable Family Trust. It is further recommended that the City Council approve a lease that was a term and exhibit in the Asset Purchase Agreement, and the Offer to Buy, and the City's consent to a restriction on the well parcel that the City acquired ownership to as part of the Asset Purchase Agreement. I concur with the recommendation and respectfully request Mayor and City Council approval. Micliael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Maureen Quann, Assistant City Attorney HE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi MAUREEN A. QUANN, ESQ. ASSISTANT CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: November 12, 2015 RE: Acceptance of Deeds and Approval of Supporting Documents for the Twin Ridge Water, Inc. Purchase INTRODUCTION This memorandum presents for City Council acceptance the Warranty Deed and Quit Claim Deed to two (2) parcels of property the City of Dubuque gained title to as part of the Twin Ridge Asset Purchase Agreement (Asset Purchase Agreement) and the Offer to Buy Real Estate and Acceptance by and between the City and the Grace M. Mueller Revocable Family Trust and the Raymond M. Mueller Irrevocable Family Trust (Offer to Buy). This memorandum also presents for City Council approval a lease that was a term and exhibit in the Asset Purchase Agreement, and the Offer to Buy, and the City's consent to a restriction on the well parcel that the City acquired ownership to as part of the Asset Purchase Agreement. Lastly, this memorandum presents for purely informational purposes a copy of a Notification of Cancellation of prior sewerage and water agreements that Twin Ridge filed in conjunction with the transfer of ownership of the water system to the City. BACKGROUND On November 2, 2015, with Resolution No. 384-15, the City Council approved two (2) agreements in connection with the purchase of the Twin Ridge Water, Inc. water and sewer system in Key West: 1) The Offer to Buy Real Estate and Acceptance by and between the City and the Grace M. Mueller Revocable Family Trust and the Raymond M. Mueller Irrevocable Family Trust; and 2) The Asset Purchase Agreement by and between the City and Twin Ridge Water, Inc. As follow-up and execution to these OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563)589-4381 /FAx (563)583-1040/EMAIL mquann@cityofdubuque.org previously approved agreements, five (5) documents have been executed and should be presented to the City Council for acceptance, approval, or informational purposes. DISCUSSION 1 . Warranty Deed to the Lagoon Parcel. The Offer to Buy authorized the City to purchase the property on which the lagoon, a component of the sewer system, sits in the Twin Ridge Subdivision. A Warranty Deed will be executed at closing on November 16, 2015 transferring ownership of that parcel from The Grace M Mueller Revocable Family Trust and the Raymond M. Mueller Irrevocable Family Trust to the City. That Warranty Deed is presented for City Council acceptance, the final step in the City's obligations under the Offer to Buy. 2. Quit Claim Deed to the Well Parcel. The Asset Purchase Agreement, in relevant part, transferred ownership of a very small parcel of land on which a well in the water system sits. No separate payment was made for this transfer. Instead, the transfer was merely a term and condition of the Asset Purchase Agreement. Accordingly, a Quit Claim Deed will be executed at closing transferring ownership of this parcel. That Quit Claim Deed is presented for City Council acceptance, a final step in the City's obligations related to this term of the Asset Purchase Agreement. 3. Consent to an Amendment to an Agreement by and between Twin Ridge Water, Inc. and Linda S. Schuster. The well parcel that the City gains ownership to through the Asset Purchase Agreement is a small piece of land carved out from a bigger parcel owned by Linda S. Schuster, a Twin Ridge Subdivision resident. Essentially, the well parcel was once a piece of Ms. Schuster's parcel. The well parcel contains a restriction stating that if the well is no longer used by Twin Ridge Water, Inc., the well parcel will be deeded back to Ms. Schuster (after being closed in compliance with state law and DNR regulations), so her parcel will once again be complete. This restriction runs with the land, so the restriction now obligates the City to deed this small well parcel back to Ms. Schuster once we no longer use the well. Twin Ridge and Ms. Schuster have executed an amendment to the original agreement setting forth this restriction. The amendment addresses Twin Ridge's transfer of the parcel to the City, and the City consented to this amendment pursuant to the City's obligations under the Asset Purchase Agreement and the restriction on the land. This Consent to the Amendment is now presented for City Council approval, a final step in the City's obligations related to this term of the Asset Purchase Agreement. At such future time when the City prepares to deed this well parcel back to Ms. Schuster, the procedure for disposing of City property, including a public hearing, will be followed. 4. Lease between the City of Dubuque, Iowa and Twin Ridge Water, Inc. The Asset Purchase Agreement and the Offer to Buy contain terms stating the City will allow Twin Ridge Water, Inc., to access and use structures on the property for a period of at least one (1) but not more than three (3) years after the date of the closing, November 16, 2 2015. Because this lease is for a term of three (3) years or less, no public hearing was required and this Lease was executed at closing. The Lease is now presented for City Council approval, a final step in the City's obligations related to this term of the Asset Purchase Agreement. 5. Notification of Cancellation. This document was not mentioned in the Asset Purchase Agreement or the Offer to Buy and is presented for informational purposes only. Review of the abstracts for the well and lagoon parcels uncovered Water and Sewerage Agreements entered into between Twin Ridge Water, Inc. and Twin Ridge Subdivision residents and property owners. Pursuant to key terms in the agreements, if ownership of the water and sewer systems is transferred to a governmental authority, the agreements terminate. Upon termination, Twin Ridge Water, Inc. must file a Notification of Cancellation of these agreements with the Dubuque County Recorder. Twin Ridge Water, Inc. prepared, will execute at closing and file this Notification. A copy of this Notification is presented for informational purposes only. No action from the City is required. These documents presented for acceptance or approval constitute the implementation and execution of the Asset Purchase Agreement and Offer to Buy approved by City Council on November 2, 2015. These documents will be executed at closing the afternoon of November 16, 2015. Nothing presented to Council for acceptance or approval represents a new term or condition; instead, it is the completion or fulfillment of the City's obligations related to these terms and conditions of the previously approved agreements. These documents are presented to Council now for completion and closure. RECOMMENDATION I recommend the City Council accept the Warranty Deed and Quit Claim Deed and approve the Consent to the Amendment and Lease attached hereto as part of the implementation and execution of the obligations previously agreed to in the Asset Purchase Agreement and .the Offer to Buy MAQ:tIs Attachments cc: Barry Lindahl, City Attorney Gus Psihoyos, City Engineer Bob Green, Water Department Manager Todd Irwin, Engineering Technician Nate Kieffer, Surveyor Brant Schueller, Water Distribution Supervisor 3 RESOLUTION NO. 386-15 ACCEPTING THE WARRANTY DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA AND THE QUIT CLAIM DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA, AND APPROVING OTHER SUPPORTING DOCUMENTS RELATED TO THE ASSET PURCHASE AGREEMENT FOR THE SALE AND TRANSFER OF EXISTING ASSETS BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND TWIN RIDGE WATER, INC., IN DUBUQUE COUNTY, IOWA AND THE OFFER TO BUY AND ACCEPTANCE FOR THE ACQUISITION OF REAL ESTATE OWNED BY THE GRACE M. MUELLER REVOCABLE FAMILY TRUST AND RAYMOND M. MUELLER IRREVOCABLE FAMILY TRUST IN DUBUQUE COUNTY, IOWA WHEREAS, pursuant to Resolution No. 384-15, an Asset Purchase Agreement By and Between the City of Dubuque, Iowa and Twin Ridge Water, Inc., and an Offer to Buy Real Estate and Acceptance were approved on November 2, 2015; and WHEREAS, the Asset Purchase Agreement and the Offer to Buy Real Estate and Acceptance require the execution of supporting documents including a Warranty Deed for a certain parcel of real estate in Dubuque County, Iowa, a Quit Claim Deed for a certain parcel of real estate in Dubuque County, Iowa, a Consent to an Amendment to an Agreement by and between Twin Ridge Water, Inc. and Linda S. Schuster, and a Lease between the City of Dubuque, Iowa, and Twin Ridge Water, Inc.; and WHEREAS, these supporting documents were executed at closing in accordance with the terms and conditions of the previously approved Asset Purchase Agreement and the Offer to Buy Real Estate and Acceptance; and WHEREAS, the City Council finds that it is in the interests of the City of Dubuque to accept the Warranty Deed and Quit Claim Deed, and approve the Consent to the Amendment to an Agreement, and the Lease attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 111215maq Section 1. The City of Dubuque accepts the Warranty Deed attached hereto. Section 2. The City of Dubuque accepts the Quit Claim Deed attached hereto. Section 3. The City of Dubuque approves the Consent to the Amendment to the Agreement by and between Twin Ridge Water, Inc. and Linda S. Schuster, and the Lease between the City of Dubuque, Iowa, and Twin Ridge Water, Inc. Passed, approved and adopted this 16th day of November, 2 15. ATTEST: Attest: Kevin S. Firnstahl City Clerk 2 Roy D. B •I, Mayor 6 .- 6701e 464 -girl' do 1 111111 11111111 11111111111 IIII 1111 IIII I IIIIIIII11111IIIIIIII 1111 Doc IDm 008360040002 Type: GEN Kind: AFFIDAVITS Recorded: 12/11/2015 at 03:00:45 PM Fee Amt: $12.00 Page 1 of 2 Dubuque County Iowa John Murphy Recorder File2015_00015 / 06 Prepared by Maureen A. Quann, Assistant City Attorney, 300 Main Street, Suite 330, Dubuque, IA 52001 563-589-4381 Return to Maureen A. Quann, Assistant City Attorney, 300 Main Street, Suite 330, Dubuque, IA 52001 563-589-4381 AFFIDAVIT WATER AND SEWER CONNECTION FEES STATE OF IOWA ss: DUBUQUE COUNTY The undersigned, Maureen A. Quann, having first been duly sworn on oath, states that: 1. On November 16, 2015, the City of Dubuque, Iowa purchased the assets of the Twin Ridge Water, Inc. water and sewer systems from Twin Ridge Water, Inc. 2. Section 2.2 of the Asset Purchase Agreement governing that transaction states: 2.2 No Hook Up Fees. In further consideration for the purchase of assets, rights, and privileges as set, forth in Section 1 herein, City agrees that the following described properties,shall not at this time, nor at any time in the future, be subject to any hookup\or connection fees for sewer and/or water service. The usual monthly service rate shall apply after the service connection occurs. This entitlement and /or agreement shall be transferable to the new property owner of the following parcels should any or all of the following parcels be sold or transferred and shall be deemed to run with the land: A. Parcel No. 1512352010 Lot 7 of Twin Ridge Subdivision No. 5, Section 12, Table Mound Township, Dubuque County, Iowa; B. Parcel No. 1512301001 Lot 17 in Twin Ridge Subdivision, Table Mound Township, Dubuque County, Iowa; C. Parcel No. 1512301002 C;-} Clerk 1 r�°° Lot 16 in Twin Ridge Subdivision, Table Mound Township, Dubuque County, Iowa; D. Parcel No. 1511428002 Lot 1 of Subdivision of Lots 1. & 2 of the NE 1/4 of Section 11, Township 88 North, Range 2 East of the 5th P.M., according to the United States Government Survey and the recorded plats thereof, subject to easements of record, including easement for driveway purposes for ingress and egress. 3. In fulfillment of the City's obligations under this Asset Purchase Agreement, no water and sewer connection fees shall be charged when the above referenced properties connect to City of Dubuque water and sanitary sewer systems. Executed this IOlHday of December, 2015. Maureen A. Quann Assistant City Attorney Subscribed and sworn to me by Maureen A. Quann this IPIN day of December, 2015. TRACEY L. STECKLEN Commission Number 716018 'My Comm Exp. �)). L Notary Public 011 IIIIIl 11 Illll 11001111 11 111011 Doc ID 008378830002 Type: GEN Kind: AFFIDAVITS Recorded: 01/21/2016 at 02:39:21 PM Fee Amt: $12.00 Page 1 of 2 Dubuque County Iowa John Murphy (Recorder Q i Fi1e2016-00000812 Prepared by Maureen A. Quann, Assistant City Attorney, 300 Main Street, Suite 330, Dubuque, IA 52001 563-589-4381 Return to Maureen A. Quann, Assistant City Attorney, 300 Main Street, Suite 330, Dubuque, IA 52001 563-589-4381 CORRECTED AFFIDAVIT WATER AND SEWER CONNECTION FEES STATE OF IOWA ss: DUBUQUE COUNTY The undersigned, Maureen A. Quann, having first been duly sworn on oath, states that: 1. On November 16, 2015, the City of Dubuque, Iowa purchased the assets of the Twin Ridge Water, Inc. water and sewer systems from Twin Ridge Water, Inc. 2. Section 2.2 of the Asset Purchase Agreement governing that transaction states: 2.2 No Hook Up Fees. In further consideration for the purchase of assets, rights, and privileges as set forth in Section 1 herein, City agrees that the following described properties shall not at this time, nor atany time in the future, be subject to any hookup or connection fees for sewer and/or water service. The usual monthly service rate shall apply after the service connection occurs. This entitlement and /or agreement shall be transferable to the new property owner of the following parcels should any or all of the following parcels be sold or transferred and shall be deemed to run with the land: A. Parcel No. 1512352010 Lot 7 of Twin Ridge Subdivision No. 5, Section 12, Table Mound Township, Dubuque County, Iowa; B. Parcel No. 1512301001 Lot 17 in Twin Ridge Subdivision, Table Mound Township, Dubuque County, Iowa; C. Parcel No. 1512301002 Lot 16 in Twin Ridge Subdivision, Table Mound Township, Dubuque County, Iowa; D. Parcel No. 1511428002 Lot 1 of Subdivision of Lots 1 & 2 of the NE'/ of the SE'/ of Section 11, Township 88 North, Range 2 East of the 5th P.M., according to the United States Government Survey and the recorded plats thereof, subject to easements of record, including easement for driveway purposes for ingress and egress. 3. In fulfillment of the City's obligations under this Asset Purchase Agreement, no water and sewer connection fees shall be charged when the above referenced properties connect to City of Dubuque water and sanitary sewer systems. Executed this 21st day of January, 2016. Maureen A. Quann Assistant City Attorney Subscribed and sworn to me by Maureen A. Quann this 21st day of January, 2016. cM qciVv‘ IIIIII!IIIIIIIllhI!/I/II/IIIIIII///IIJ/I///II///ph/IIIIIIIIIIIIII/IIJIII/J//iji i 'Kind: D: 008347770004 Type: I GEN IIIIII Recorded: 11/18/2015M at 08:28:19 AM Fee Amt: $27.00 Page 1 of 4 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder 11 FIle201115-00014% 07 ©THE IOWA STATE BAR ASSOCIATION Official Form No. 106 - August 2013 Maureen A. Quann FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER Return To: Maureen A. Ouann, Assistant City Attorney, 300 Main Street, Suite 330. Dubuque. IA 52001. Phone: (5631 589-4381 Preparer: City of Dubuque, 50 West 13th Street, Dubuque, Iowa 52001 Taxpayer:MaureenA. Quann, Assistant City Attorney, 300 Main Street, Suite 330, Dubuque. TA 52001 I` QUIT CLAIM DEED For the consideration of one Dollar(s) and other valuable consideration, Grace M. Mueller, a widow and not remarried, and Twin Ridge Water, Inc. do hereby Quit Claim to Grace M. Mueller Revocable Family Trust, American Trust & Savings Bank, Trustee and Raymond M. Mueller Irrevocable Family Trust, American Trust & Savings Bank. Trustee all our right, title, interest, estate, claim and demand in the following real estate in Dubuque County, Iowa: That part of Lot 2 of Lot 1 of the South West 1/4 of the South West 1/4, Section 12, Township 88 North, Range 2 East of the 5th P.M., Dubuque County, Iowa, according to the recorded. Plat thereof, as described in Warranty Deed, Instrument #4273-72 This Deed is exempt from transfer tax pursuant to Iowa C©de 428A.t2`(21) Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated: NOVOYIkeY W 2O 'n Ridge ater, Inc. .- . ,�.,�,�..44,0-1 See 1.a in Addendum (Grantor) Daniel Jueller, President (Grantor) (Grantor) _24,040, m. Y ► .,,�.�, Grace M. Mueller, Secretary (Grantor) (Grantor) (Grantor) STATE OF COUNTY OF This record was acknowledged before me this day of , by Signature of Notary Public (This form of acknowledgment for individual grantor(s) only) ACKNOWLEDGMENTS FOR INDIVIDUALS STATE OF Iru tt , COUNTY OF WS .J 4'L2 This record was acknowledged before me this 14 day of M Gi iCern. �lwCl.t f:_ U�II DpWe'.t TRACEY L. STECKLEIN Commission Num ,r 716616 'My Comm. Exp. I �- t 1 Sigh'ature of otary Public STATE OF -T Q 1.015► , COUNTY OF `b 6115LE This record was acknowledged before me this 1b day of ' cikit=1.41e) oZQ 1J by TRACEY L. STECKLEIN Commission Number ?MI6 My Comm. Exp. )::ii Signature of tIry Public STATE OF , COUNTY OF This record was acknowledged before me this day of , by Signature of Notary Public STATE OF , COUNTY OF This record was acknowledged before me this day of , by Signature of Notary Public STATE OF , COUNTY OF This record was acknowledged before me this day of , by Signature of Notary Public REPRESENTATIVE CAPACITY ACKNOWLEDGMENTS STATE OF iU WA- COUNTY OF 1) UVTS U.Q e Thik record was ack owledged before me this day of k)o $E1 , x.015, by t) r1'J1'L `MV�LSC-�fL as of K1Y)C7C-. TRACEY L. STECKLE€N Commission Number 7160,iFi My Comm. Exp. M 'i\ -) Signature o Nttary Public STATE OF 4-O \- r , COUNTY OF b. IkeNI `Cj `k This record was acknowledged before me this 1 , day of t)D`iY fl 0-12_ by W\v,.6 LL. (Z as 5 eCQ.E"TR►Z.`) of vow R D•GF 113)1/4-vsz. INC. TRACEY L. STECKLEI Commission Number _ 716016 y _�_®_�-,___. My Comm. Exp. Signature of ary Public STATE OF COUNTY OF This record was acknowledged before me this day of by as of Signature of Notary Public Addendum 1. - Grace M. Mueller, a widow and not remarried QUIT CLAIM DEED THE IOWA STATE BAR ASSOCIATION Official Form #106 Recorder's Cover Sheet IIIIIIIIIllhIIIllhIIllhIII//IjIIjJll/I!IJjjIIj!JIIIjIIjjJII!/JihIjJ/IJJIIijij iei 11111 1111 1111 Doc ID: 008347780010 Type: GEN Kind: DEED WITH RESOLUTION Recorded: 11/18/2015 at 08:29:05 AM Fee Amt: $57.00 Page 1 of 10 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder Q Fi1e2015_00014708 Preparer Information: (Name, address and phone number) Maureen A. Quann, Assistant City Attorney, 300 Main Street, Suite 330, Dubuque, Iowa 52001 (563) 589-4381 Taxpayer Information: (Name and complete address) City of Dubuque, 50 West 13th Street, Dubuque, Iowa 52001 Return Document To: (Name and complete address) Maureen A. Quann, Assistant City Attorney, 300 Main Street, Suite 330, Dubuque, Iowa 52001 Grantors: Grantees: Twin Ridge Water, Inc. City of Dubuque, Iowa Legal description:See Page 2 Document or instrument number of previously recorded documents: © The Iowa State Bar Association 2005 IOWADOCS® G � Ci/e04.0 THE IOWA STATE BAR ASSOCIATION Official Form No. 106 Maureen A. Quann FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER For the consideration of Twin Ridge Water, Inc. QUIT CLAIM DEED one Dollar(s) and other valuable consideration, do hereby Quit Claim to City of Dubuque, Iowa all our right, title, interest, estate, County, Iowa: claim and demand in the following described That part of Lot 18 in "Twin Ridge" Subdivision, according to the Plat thereof in Book #748-72 and Correction Warranty Deed, This Deed is exempt from transfer tax Each of the undersigned hereby relinquishes to the real estate. Words and phrases herein, singular or plural number, and as masculine T , Ridge Wat r, Inc. r ,L) kfaA'A ----- real estate in Dubuque in Table Mound Township, Dubuque County, Iowa, of Plats #34, page 93, as described in Warranty Deed, Instrument Instrument #4272-72, records of Dubuque County, Iowa. pursuant to Iowa Code section 428A.2(21). all rights of dower, homestead and distributive share in and including acknowledgment hereof, shall be construed as in the or feminine gender, according to the context. Dated: 1 \J \ 10 � ''‘C.A.-- °C.AI 1 by: Daniel J ueller, President (Grantor) (Grantor) )1cJJ/ by: Grace M. Mueller, Secretary (Grantor) (Grantor) (Grantor) STATE OF Ca - k. , COUNTY OF (Grantor) , ea0l ' by This record, as acknowle.-. Q- . e me this •ay of i\..) 0 q "t<riAskit. wimeautoppommoi. • owe ...,_i , _ �.._. ,, Signature of -11N:•�:y.P blic �� TRACEY L STEti ,,fKL.E(N Commission Number/MI6 My Comm, Exp, 2L%.py-1 © The Iowa State Bar Association 2013 Quit Claim Deed IOWADOCS® Revised August 2013 REPRESENTATIVE CAPACITY ACKNOWLEDGMENTS STATE OF I®WG1.► , COUNTY OF This record was acknowledged before me this i. day by CkUllY.I. J . mt�te1ltev as Oaf T" of V1 ► E QIMom/ 2015 `"�`•, TRACEY L. STECKLEfN Commission Number 71601 My Comm. Exp. -)1-S STATE OF kt9 W , COUNTY OF 'UhC'j ULZOQ L Signature o 4IV tary Public This record was acknowledged before me this 14 day of 1•JnVEMi3 b15 by G 12 C.e, Tu.e_Ut QZ as �CCa2Tk°s12--9 of tWyN WATEJ, 1N7C TRACEY L. STECKLEfN Commission Numper 716016 My Comm. Exp. Lj-11 - 11 STATE OF COUNTY OF Signature of Nary Public This record was acknowledged before me this day of by as of Signature of Notary Public RESOLUTION NO. 384-15 APPROVING AN ASSET PURCHASE AGREEMENT FOR THE SALE AND TRANSFER OF EXISTING ASSETS BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND TWIN RIDGE WATER, INC., IN DUBUQUE COUNTY, IOWA AND APPROVING AN OFFER TO BUY AND ACCEPTANCE FOR THE ACQUISITION OF REAL ESTATE OWNED BY THE GRACE M. MUELLER REVOCABLE FAMILY TRUST AND RAYMOND M. MUELLER IRREVOCABLE FAMILY TRUST IN DUBUQUE COUNTY, IOWA WHEREAS, Twin Ridge owns and operates a public water supply and sanitary sewer system (the "System"), located in the Table Mound Township in Dubuque County, Iowa; and WHEREAS, the Grace M. Mueller Revocable Family Trust and Raymond M. Mueller Irrevocable Family Trust own real estate upon which the Twin Ridge Water, Inc. lagoon, which is essential in the operation of the sewer and water system, sits; and WHEREAS, City provides water service to approximately twenty-three thousand (23,000) customers and sanitary sewer service to approximately twenty-two thousand (22,000) customers throughout corporate City limits and beyond; and WHEREAS, City is expanding its provision of utilities to include City facilities and projects located outside the corporate City limits in the areas before and beyond Twin Ridge heading toward the Dubuque Regional Airport; and WHEREAS, it is recognized that interconnections between utility systems are encouraged and promoted by various regulatory agencies as being in the public interest; and WHEREAS, Twin Ridge desires to sell, and City desires to purchase, certain assets relating to the System, including pipes, wells, lift stations, pump houses, plant and equipment, supplies and inventories, contracts and contract rights, franchise rights, and easement rights, and excluding certain liabilities associated therewith, as more specifically set forth herein and subject to the terms and conditions set forth herein; and Whereas, Grace M. Mueller Revocable Family Trust and Raymond M. Mueller Irrevocable Family Trust are the owners of the following real property (the "Property"): Twin Ridge Sub #5 — Lot B; Part Lot 2-1 SW SW 13.96 AC ; and Whereas, the City Manager has tentatively agreed to purchase the Property from the Grace M. Mueller Revocable Family Trust and Raymond M. Mueller Irrevocable Family Trust, subject to the approval of an Offer to Buy Real Estate and Acceptance between the City of Dubuque and the Grace M. Mueller Revocable Family Trust and Raymond M. Mueller Irrevocable Family Trust, 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 Asset Purchase Agreement for the Sale and Transfer of Existing Assets By and Between the City of Dubuque, Iowa and Twin Ridge Water, Inc. and the Offer to Buy Real Estate and Acceptance between the City of Dubuque, Iowa and the Grace M. Mueller Revocable Family Trust and Raymond M. Mueller Irrevocable Family Trust. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The attached Asset Purchase Agreement for the Sale and Transfer of Existing Assets By and Between the City of Dubuque, Iowa and Twin Ridge Water, Inc. is hereby approved. Section 2. The City Council hereby approves the Offer to Buy Real Estate and Acceptance between the City of Dubuque, Iowa and the Grace M. Mueller Revocable Family Trust and Raymond M. Mueller Irrevocable Family Trust attached hereto. Section 3. The City Manager and City Attorney are authorized to take such further action as is required to execute and complete the Asset Purchase Agreement for the Sale and Transfer of Existing Assets By and Between the City of Dubuque, Iowa and Twin Ridge Water, Inc. and the Offer to Buy Real Estate and Acceptance between the City of Dubuque, Iowa and the Grace M. Mueller Revocable Family Trust and Raymond M. Mueller Irrevocable Family Trust, including but not limited execution of deeds, leases, easement agreements, dedication of utilities, and assignments of easements. Passed, approved and adopted this 2nd day of November, 2015. Attest: evin S. Firnstahl, City Clerk 0� Roy D. Bbl, Mayor F:\USERS\Mquann\Twin Ridge\ResolutionApprovingAssetPurchaseAgreement_102915.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. 384-15 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 3rd day of November, 2015. Ke'in S. Amdahl - VC, City Clerk RESOLUTION NO. 386-15 ACCEPTING THE WARRANTY DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA AND THE QUIT CLAIM DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA, AND APPROVING OTHER SUPPORTING DOCUMENTS RELATED TO THE ASSET PURCHASE AGREEMENT FOR THE SALE AND TRANSFER OF EXISTING ASSETS BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND TWIN RIDGE WATER, INC., IN DUBUQUE COUNTY, IOWA AND THE OFFER TO BUY AND ACCEPTANCE FOR THE ACQUISITION OF REAL ESTATE OWNED BY THE GRACE M. MUELLER REVOCABLE FAMILY TRUST AND RAYMOND M. MUELLER IRREVOCABLE FAMILY TRUST IN DUBUQUE COUNTY, IOWA WHEREAS, pursuant to Resolution No. 384-15, an Asset Purchase Agreement By and Between the City of Dubuque, Iowa and Twin Ridge Water, Inc., and an Offer to Buy Real Estate and Acceptance were approved on November 2,2015; and WHEREAS, the Asset Purchase Agreement and the Offer to Buy Real Estate and Acceptance require the execution of supporting documents including a Warranty Deed for a certain parcel of real estate in Dubuque County, Iowa, a Quit Claim Deed for a certain parcel of real estate in Dubuque County, Iowa, a Consent to an Amendment to an Agreement by and between Twin Ridge Water, Inc. and Linda S. Schuster, and a Lease between the City of Dubuque, Iowa, and Twin Ridge Water, Inc.; and WHEREAS, these supporting documents were executed at closing in accordance with the terms and conditions of the previously approved Asset Purchase Agreement and the Offer to Buy Real Estate and Acceptance; and WHEREAS, the City Council finds that it is in the interests of the City of Dubuque to accept the Warranty Deed and Quit Claim Deed, and approve the Consent to the Amendment to an Agreement, and the Lease attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 111215maq Section 1. The City of Dubuque accepts the Warranty Deed attached hereto. Section 2. The City of Dubuque accepts the Quit Claim Deed attached hereto. Section 3. The City of Dubuque approves the. Consent to the Amendment to the Agreement by and between Twin Ridge Water, Inc. and Linda S. Schuster, and the Lease between the City of Dubuque, Iowa, and Twin Ridge Water, Inc. Passed, approved and adopted this 16th day of November, 2915. ATTEST: Attest: k6vin S. Firnstahl City Clerk 2 Roy D. B ; .I, Mayor CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) 1, 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. 386-15 is a correct copy of the original Resolution No. 386-15 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 16th day of Novemner, 2015. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 17th day of November, 2015. Trish L. Gleason, Assistant City Clerk TRUSTEE WARRANTY DEED THE IOWA STATE BAR ASSOCIATION Official Form No. 107 Recorder's Cover Sheet 111111 I IIII I I IIII IIIII IIIII 11111111111111111111111111111111111111 Doc ID. 008347790011 Type GEN Kind DEED WITH RESOLUTION Recorded: 11/18/2015 at 08:34:46 AM Fee Amt: $466.20 Page 1 of 11 Revenue Tax: $399.20 Dubuque County Iowa John Murphy Recorder Fite2015-00014 / 09 Preparer Information: (Name, address and phone number) Maureen A. Quann, Assistant City Attorney, 300 Main Street, Suite 330, Dubuque, IA 52001, Phone: (563) 589-4381 Taxpayer Information: (Name and complete address) City of Dubuque, 50 West 13th Street, Dubuque, Iowa 52001 Return Document To: (Name and complete address) Maureen A. Quann, Assistant City Attorney, 300 Main Street, Suite 330, Dubuque, IA 52001 Grantors: Grantees: See 1 in Addendum City of Dubuque, Iowa Legal description:See Page 2 Document or instrument number of previously recorded documents: © The Iowa State Bar Association 2013 IOWADOCS® 10 THE IOWA STATE BAR ASSOCIATION Maureen AQUann Official FormA. No. 107 FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER TRUSTEE WARRANTY DEED (Inter Vivos Trust) For the consideration of Two Hundred Fifty Thousand Dollar(s) and other valuable consideration, .(-T4tget -r ) of American Trust & Savings Bank, Trustee for the Grace M. Mueller Revocable Family Trust, and, Trustee for the Raymond M. Mueller Irrevocable Family Trust does hereby convey to the City of Dubuque the following described real estate in Dubuque County, Iowa: See 2 in Addendum interest, that grantor holds authority to sell and and encumbrances, and defend the real estate That the trust pursuant to the knowledge of the at the time the trust and rightful; and that validity of the trust or the shall be construed as in The grantor hereby covenants with grantees, and successors in the real estate by title in fee simple; that grantor has good and lawful convey the real estate; that the real estate is free and clear of all liens except as may be above stated; and grantor covenants to warrant against the lawful claims of all persons, except as may be above stated. The grantor further warrants to the grantees all of the following: which the transfer is made is duly executed and in existence; that to grantor the person creating the trust was under no disability or infirmity was created; that the transfer by the trustee to the grantees is effective the trustee knows of no facts or legal claims which might impair the validity of the transfer. Words and phrases herein, including the acknowledgment hereof, the singular or plural number, according to the context. Dated this 16th day of November , 2015 . By:By Chris Even �' S.�e 3 in Addendum(title) �•°�LyriA Kirchhoff Sr VP i VP 0 Bq:_ •.._._.._ CBri: Lawmen See 4 in Addendum(title) (___,,.,,L'y ne A Kirchhoff, VP & TO SAs (trusPee) , E d Ude) of As (Truste) (T) of The above entitled trust The above entitled trust STATE OF IOWA , COUNTY OF DUBUQUE This record was acknowledged before byChris M Even, Sr Vice President me thisi6th day of November , 2015 , & Trust Officer, of American Trust & Savings Bank, Trustee for Grace Mueller Rev Fam Test Fam Trust„ andRaymfnd )-._ ar Mueller Irr P 9�,�`� a r -ro , SARAH H J. JECKLIN �` Cornmis.;ion Number 17880 ignature My Commission Expires 4 Oi of �O a Public © The Iowa State Bar Association 2013 107 TRUSTEE WARRANTY DEED (INTER VIVOS TRUST) IOWADOCS® Revised August 2013 STATE OF IOWA , COUNTY OF DUBUQUE This record was acknowledged before me this 26tbday of November , 2015 , by Lynne A Kirchhoff, Vice President & Trust Officer of American Trust & Savings Bank, Trustee for Grace Mueller Rev Fam Trust andrRaymopd Mueller Irr Fam Trust. ii 14 J. JECKLIN •::n Number 1788 son Expires STATE OF , COUNTY OF This record was acknowledged before me this day of by Signature of Notary Public STATE OF , COUNTY OF This record was acknowledged before me this . day of by Signature of Notary Public STATE OF , COUNTY OF This record was acknowledged before me this day of by Signature of Notary Public Addendum 1. - American Trust & Savings Bank, Trustee for the Grace M. Mueller Revocable Family Trust American Trust & Savings Bank, Trustee for the Raymond M. Mueller Irrevocable Family Trust 2. That part of Lot 2 of Lot 1 of the South West 1/4 of the South West 1/4, Section 12, Township 88 North, Range 2 East of the 5th P.M., Dubuque County, Iowa, according to the recorded Plat thereof, as described in Warranty Deed, Instrument #4273-72, and Lot B of TWIN RIDGE SUBDIVISION NO. 5, Dubuque County, Iowa, according to the recorded Plat thereof. 3. American Trust & Savings Bank, Trustee for the Grace M. Mueller Revocable Family Trust 4. American Trust & Savings Bank, Trustee for the Raymond M. Mueller Irrevocable Family Trust RESOLUTION NO. 386-15 ACCEPTING THE WARRANTY DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA AND THE QUIT CLAIM DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA, AND APPROVING OTHER SUPPORTING DOCUMENTS RELATED TO THE ASSET PURCHASE AGREEMENT FOR THE SALE AND TRANSFER OF EXISTING ASSETS BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND TWIN RIDGE WATER, INC., IN DUBUQUE COUNTY, IOWA AND THE OFFER TO BUY AND ACCEPTANCE FOR THE ACQUISITION OF REAL ESTATE OWNED BY THE GRACE M. MUELLER REVOCABLE FAMILY TRUST AND RAYMOND M. MUELLER IRREVOCABLE FAMILY TRUST IN DUBUQUE COUNTY, IOWA WHEREAS, pursuant to Resolution No. 384-15, an Asset Purchase Agreement By and Between the City of Dubuque, Iowa and Twin Ridge Water, Inc., and an Offer to Buy Real Estate and Acceptance were approved on November 2, 2015; and WHEREAS, the Asset Purchase Agreement and the Offer to Buy -Regi -Estate and Acceptance require the execution of supporting documents including a Warranty Deed for a certain parcel of real estate in Dubuque County, Iowa, a Quit Claim Deed for a certain parcel of real estate in Dubuque County, Iowa, a Consent to an Amendment to an Agreement by and between Twin Ridge Water, Inc. and Linda S. Schuster, and a Lease between the City of Dubuque, Iowa, and Twin Ridge Water, Inc.; and WHEREAS, these supporting documents were executed at closing in accordance with the terms and conditions of the previously approved Asset Purchase Agreement and the Offer to Buy Real Estate and Acceptance; and WHEREAS, the City Council finds that it is in the interests of the City of Dubuque to accept the Warranty Deed and Quit Claim Deed, and approve the Consent to the Amendment to an Agreement, and the Lease attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 111215maq Section 1. The City of Dubuque accepts the Warranty Deed attached hereto. Section 2. The City of Dubuque accepts the Quit Claim Deed attached hereto. Section 3. The City of Dubuque approves the Consent to the Amendment to the Agreement by and between Twin Ridge Water, Inc. and Linda S. Schuster, and the Lease between the City of Dubuque, Iowa, and Twin Ridge Water, Inc. Passed, approved and adopted this 16th day of November, 2 15. ATTEST: .tape Attest: Devin S. Firnstahl City Clerk 2 Roy D. B''.I, Mayor STATE OF IOWA CERTIFICATE of tfie CITY CLERK ) 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. 386-15 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 16th day of November, 2015. Kevi�i-S. Firnstahl, . City Clerk RESOLUTION NO. 384-15 APPROVING AN ASSET PURCHASE AGREEMENT FOR THE SALE AND TRANSFER OF EXISTING ASSETS BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND TWIN RIDGE WATER, INC., IN DUBUQUE COUNTY, IOWA AND APPROVING AN OFFER TO BUY AND ACCEPTANCE FOR THE ACQUISITION OF REAL ESTATE OWNED BY THE GRACE M. MUELLER REVOCABLE FAMILY TRUST AND RAYMOND M. MUELLER IRREVOCABLE FAMILY TRUST IN DUBUQUE COUNTY, IOWA WHEREAS, Twin Ridge owns and operates a public water supply and sanitary sewer system (the "System"), located in the Table Mound Township in Dubuque County, Iowa; and WHEREAS, the Grace M. Mueller Revocable Family Trust and Raymond M. Mueller Irrevocable Family Trust own real estate upon which the Twin Ridge Water, Inc. lagoon, which is essential in the operation of the sewer and water system, sits; and WHEREAS, City provides water service to approximately twenty-three thousand (23,000) customers and sanitary sewer service to approximately twenty-two thousand (22,000) customers throughout corporate City limits and beyond; and WHEREAS, City is expanding its provision of utilities to include City facilities and projects located outside the corporate City limits in the areas before and beyond Twin Ridge heading toward the Dubuque Regional Airport; and WHEREAS, it is recognized that interconnections between utility systems are encouraged and promoted by various regulatory agencies as being in the public interest; and WHEREAS, Twin Ridge desires to sell, and City desires to purchase, certain assets relating to the System, including pipes, wells, lift stations, pump houses, plant and equipment, supplies and inventories, contracts and contract rights, franchise rights, and easement rights, and excluding certain liabilities associated therewith, as more specifically set forth herein and subject to the terms and conditions set forth herein; and Whereas, Grace M. Mueller Revocable Family Trust and Raymond M. Mueller Irrevocable Family Trust are the owners of the following real property (the "Property"): Twin Ridge Sub #5 Lot B; Part Lot 2-1 SW SW 13.96 AC ; and Whereas, the City Manager has tentatively agreed to purchase the Property from the Grace M. Mueller Revocable Family Trust and Raymond M. Mueller Irrevocable Family Trust, subject to the approval of an Offer to Buy Real Estate and Acceptance between the City of Dubuque and the Grace M. Mueller Revocable Family Trust and Raymond M. Mueller Irrevocable Family Trust, 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 Asset Purchase Agreement for the Sale and Transfer of Existing Assets By and Between the City of Dubuque, Iowa and Twin Ridge Water, Inc. and the Offer to Buy Real Estate and Acceptance between the City of Dubuque, Iowa and the Grace M. Mueller Revocable Family Trust and Raymond M. Mueller Irrevocable Family Trust. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The attached Asset Purchase Agreement for the Sale and Transfer of Existing Assets By and Between the City of Dubuque, Iowa and Twin Ridge Water, Inc. is hereby approved. Section 2. The City Council hereby approves the Offer to Buy Real Estate and Acceptance between the City of Dubuque, Iowa and the Grace M. Mueller Revocable Family Trust and Raymond M. Mueller Irrevocable Family Trust attached hereto. Section 3. The City Manager and City Attorney are authorized to take such further action as is required to execute and complete the Asset Purchase Agreement for the Sale and Transfer of Existing Assets By and Between the City of Dubuque, Iowa and Twin Ridge Water, Inc. and the Offer to Buy Real Estate and Acceptance between the City of Dubuque, Iowa and the Grace M. Mueller Revocable Family Trust and Raymond M. Mueller Irrevocable Family Trust, including but not limited execution of deeds, leases, easement agreements, dedication of utilities, and assignments of easements. Passed, approved and adopted this 2nd day of November, 2015. Atte t: evin S.Firn tahl, City Clerk a Zez, Roy D. B,I, Mayor F:\USERS\Mquann\Twin Ridge\ResolutionApprovingAssetPurchaseAgreement 102915.doc STATE OF IOWA CERTIFICATE of tfie CITY CLERK ) 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. 384-15 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 17th day of November, 2015. Kevin S. Firnstahl, , City Clerk IIIIM 1111 11 11 III 11 1100 Doc ID: 008347800003 Type GWH Kind GROUNDWATER HAZARD Recorded: 11/18/2015 at 08:35:10 AM Fee Amt: $0.00 Page 1 of 3 Dubuque County Iowa John Murphy Recorder Fi1e2015-00002026 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name See 1 in Addendum Address 10753 Woodland Heights Road, Dubuque, Iowa 52003-9455 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name City of Dubuque, Iowa Address 50 West 13th Street, Dubuque, Iowa 52001 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: Timothy Street Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) See 2 in Addendum 1. Wells (check one) X 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) X 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) X 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) X 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) ?a015 P 6�o9 5, Private Burial Site (check one) X 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. 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: T k E �c � r\ \\('N OE "- )-e -[metre.is no 6Vairn Ion This I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: Svcs /. Transferorti/r gent FILE WITH RECORDER 70/e.—Telephone No.: (563) 582-2926 DNR form 542-0960 (July 18, 2012) Addendum I. Grace M. Mueller Revocable Family Trustm American Trust & Savings Bank, Trustee and Raymond M. Mueller Irrevocable Family Trust, American Trust & Savings Bank, Trustee 2. That part of Lot 2 of Lot 1 of the South West 1/4 of the South West 1/4, Section 12, Township 88 North, Range 2 East of the 5th P.M., Dubuque County, Iowa, according to the recorded Plat thereof, as described in Warranty Deed, Instrument #4273-72, and Lot B of TWIN RIDGE SUBDIVISION NO. 5, Dubuque County, Iowa, according to the recorded Plat thereof. PURCHASERS AFFIDAVIT (For use with property purchased from an inter vivos trust) THE IOWA STATE BAR ASSOCIATION Official Form #115 Recorder's Cover Sheet M11011M01 ui 110 II0uII 0101E11 Doc ID 008347810002 Type GEN Kind AFFIDAVITS Recorded: 11/18/2015 at 08:36:01 AM Fee Amt: $12.00 Page 1 of 2 Dubuque County Iowa John Murphy Recorder Fi1e2015-00014710 Preparer Information: (Name, address and phone number) Maureen A. Quann, Assistant City Attorney, 300 Main Street, Suite 330, Dubuque, IA 52001, Phone: (563) 589-4381 Taxpayer Information: (Name and complete address) City of Dubuque, 50 West 13th Street, Dubuque, Iowa 52001 Return Document To: .(Nameand complete address) Maureen A. Quann, Assistant City Attorney, 300 Main Street, Suite 330, Dubuque, IA 52001 Grantors: Grantees: Legal description: See Page 2 Document or instrument number of previously recorded documents: © The Iowa State Bar Association 2013 IOWADOCSO \2P() ( CLbv1 C rid., THE IOWA STATE BAR ASSOCIATIONA Official Form No. 115 A. Quann Maureen A THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER THIS STA'}, , �„ PURCHASER'S AFFIDAVIT • (For use with property purchased from an inter vivos trust) 74' sr�c> a'0" RE: That part of Lot 2 of Lot 1 of the South West 1/4 of the South West 1/4, North, Range 2 East of the 5th P.M., Dubuque County, Iowa, according to described in Warranty Deed, Instrument #4273-72, and Lot B of TWIN RIDGE SUBDIVISION NO. 5, Dubuque County, Iowa, thereof. STATE OF IOWA , COUNTY OF DUBUQUE , Section 12, the recorded according to the ss: (or affirmed) of) the Township 88 Plat thereof, as recorded Plat under oath purchaser(s) dated the , trustee of 1, Maureen A. Quann , being first duly sworn depose and state that I am (one of) (the of the real estate described above. The 16th day of November , 2015 Assistant City Attorney purchaser has relied upon the Affidavit , from American Trust & Savings Bank the Raymond M. Mueller Irrevocable Family Trust trust. The purchaser has no notice the deed from to above for or knowledge the trustee. all purposes ffiant of any adverse claims arising out of the execution and recording of This Affidavit is given to establish reliance on the Affidavit referred contemplated under Iowa Code Section 614.14. Dated this 16th day of November , 2015 Signed and sworn to (or affirmed) before by Maureen A. Quann aitiVatA Maureen A. Quann me this 16th day of November 2015 , . " `...„ :` 'ACOmpmli9sfon >tl h JENNIFER BEiy Comm. M. GRIFFIN Num43874 Exp ) ; Mfg “A1 L ,)�M Si lature f Notar� P r :lic © The Iowa State Bar Association 2014 115 PURCHASER'S AFFIDAVIT IOWADOCS® Revised March 2014 1111111111111111111111111111111111111111111111111111 Doc ID 008347820003 Type GEN Kind TRUSTEE AFFIDAVIT Recorded: 11/18/2015 at 08:36:44 AM Fee Amt: $17.00 Page 1 of 3 Dubuque County Iowa John Murphy Recorder File2015-00014111 CORPORATE TRUSTEE'S AFFIDAVIT THE IOWA STATE BAR ASSOCIATION Official Form #114 Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Maureen A. quann, Assistant City Attorney, 300 Main Street, Suite 330, Dubuque, IA 52001, Phonel (563) 589-4381 Taxpayer Information: (Name and complete address) City of Dubuque, 50 West 13th Street, Dubuque, Iowa 52001 Return Document To: (Name and complete address) Maureen A. Quann, Assistant City Attorney, 300 Main Street, Suite 330, Dubuque, IA 52001 Grantors: See 1 in Addendum Grantees: City of Dubuque, Iowa Legal description: See Page 2 Document or instrument number of previously recorded documents: © The Iowa State Bar Association 2013 IOWADOCS© 0,P d(dd, CRerk.- THE IOWA STATE BAR ASSOCIATION Official Form No. 114 Maureen A. Quann FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER ,;CORPORATE RE: That part of North, Range described in Warranty and Lot B of TWIN thereof. STATE OF TRUSTEE'S AFFIDAVIT Lot 2 of Lot 1 of the South West 1/4 of the South West 1/4, Section 12, Township 88 2 East of the 5th P.M., Dubuque County, Iowa, according to the recorded Plat thereof, as Deed, Instrument #4273-72, (RIDGE SUBDIVISION NO. 5, Dubuque County, Iowa, according to the recorded Plat IOWA , COUNTY OF DUBUQUE ss: Y I /• I, /-4/ s 4,4 r eAdi , being first duly sworn (or affirmed) under oath, state of my personal 1. America knowledge that: ',Trust &Savings Bank is the trustee under the Trust dated January 16, 1996 , to which the above-described real estate was conveyed to the trustee by the Estate of Raymond M. Mueller pursuant to an instrument recorded the 22 day of December , 2009 , in the office of the'' Dubuque County Recorder in Dubuque, Iowa (re-recorded January 4, 2010) (insert recording data). 2. American Trust & Savings Bank is the presently existing trustee under the Trust and is authorized to transfer ownership of the above -referenced real estate to the City of Dubuque, Iowa (describe the transfer to be made by the trustee jq the bona fide purchaser) withut any limitation or qualification whatsoever and I am ii1 i? V cc if eb'//) t.`�('office) of the corporate trustee. 3. The Trust s in existence and American Trust & Savings Bank , as trustee, is authorized to transfer the adverse claims. 4. The grantor 5. deceasalt. interest in the real estate as described in paragraph 2, free and clear of any of the trust X / is not alive. The trust is irrevocable. Raymond M. Mueller wasa be eficiary and is deceased. AA. t (OV z-vc_ '-C i i'1ZI S NEVI , Affiant Signed and sworn to (or affirmed) before me this /C, day of /VCVeItu 10eth, 26/5, by i- E S A& ao eln , t' irti - 0 f 1) 0. c ,e rr e 5 r of e v► i - . _P�,^`sF o ` SARAH J. ,JECKLJN �Commission Number 17#05 ,".-.-...ti1y Commission Expires 7 -0 Signature of Notary Public -07()fLo © The Iowa State Bar Association IOWADOCS® 2013 114 CORPORATE TRUSTEE'S AFFIDAVIT Revised August 2013 Addendum 1. - Raymond M. Mueller Irrevocable Family Trust, American Trust & Savings Bank Trustee STA_ 41,' PURCHASER'S AFFIDAVIT © (For use with property purchased from an inter vivos trust) THE IOVVA STATE BAR ASSOCIATION Official Form #115 Recorder's Cover Sheet litEMINIMINIEVEN11111111 Doc ID 008347830002 Type: GEN Kind: AFFIDAVITS Recorded: 11/18/2015 at 08:38:42 AM Fee Amt: $12.00 Page 1 of 2 Dubuque County Iowa John Murphy Recorder /� Fi1e2015-000i 4712 Preparer Information: (Name, address and phone number) Maureen A. Quann, Assistant City Attorney, 300 Main Street, Suite 330, Dubuque, IA 52001, Phone: (563) 589-4381 Taxpayer Information:Name and complete address) City of Dubuque, 50 West 13th Street, Dubuque, Iowa 52001 Return Document To: .(Nameand complete address) Maureen A. Quann, Assistant City Attorney, 300 Main Street, Suite 330, 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© 0.9°0 Cia, C v 1, THE IOWA STATE BAR ASSOCIATION Official Form No. 115 A. Maureen AQuann FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER PURCHASER'S AFFIDAVIT (For use with property purchased from an inter vivos trust) OCISt RE: That part of Lot 2 of Lot 1 of the South West 1/4 of the South West 1/4, North, Range 2 East of the 5th P.M., Dubuque County, Iowa, according to described in Warranty Deed, Instrument #4273-72, and Lot B of TWIN RIDGE SUBDIVISION NO. 5, Dubuque County, Iowa, thereof. STATE OF IOWA , COUNTY OF DUBUQUE , Section 12, Township 88 the recorded Plat thereof, as according to the recorded Plat ss: (or affirmed) under oath of) the purchaser(s) 1, Maureen A. Quann , being first duly sworn Assistant City Attorney depose and state that I am of the real estate described 16th day of November (one of) (the above. The purchaser has relied upon the Affidavit dated the , 2015 , from American Trust & Savings Bank , trustee of the Grace M. Mueller Revocable Family Trust trust. The purchaser has no notice or knowledge the deed from the trustee. to above for all purposes / of any adverse claims arising out of the execution and recording of This Affidavit is given to establish reliance on the Affidavit referred contemplated under Iowa Code Section 614.14. Dated this 16th day of November 2015 Signed and sworn to (or affirmed) before by Maureen QUav\fl 11y.. Maureen A. Quann� , Affiant me this 16th day of November , 2015 , 6JN iV1FE t.5 Commissions b } y Comm. , GRIFFINY Nu ben 743x74 Exp. 01 • • . AM /�^ 1 "' ll a*Public Si natur of Notary Nota'y © The Iowa State Bar Association 2014 115 PURCHASER'S AFFIDAVIT IOWADOCS® Revised March 2014 tiu_Gc 0J-urDoty 11111111 IIIII 111111111111111111H IIIIIIII IIllhIIIHII1 Doc ID. 008347840003 Type: GEN Kind TRUSTEE AFFIDAVIT Recorded: 11/18/2015 at 08:39:06 AM Fee Amt: $17.00 Page 1 of 3 Dubuque County Iowa John Murphy Recorder File2015"00014713 CORPORATE TRUSTEE'S AFFIDAVIT THE IOWA STATE BAR ASSOCIATION Official Form #114 Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Maureen A. Qu nn, Assistant City Attorney, 300 Main Street, Suite 330, Dubuque, IA 52001, Phone: 563) 589-4381 Taxpayer Information: (Name and complete address) City of Dubuque, 50 West 13th Street, Dubuque, Iowa 52001 Return Document To: (Name and complete address) Maureen A. Quann, Assistant City Attorney, 300 Main Street, Suite 330, Dubuque, IA 52001 Grantors: Grantees: See 1 in Addendum City of Dubuque, Iowa Legal description: See Page 2 Document or instrument number of previously recorded documents: © The Iowa State Bar Association 2013 10WADOCS® n°°60 CetAiatriL THE IOWA STATE BAR ASSOCIATION Official Form No. 114 Maureen A. Quann FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER CORPORATE TRUSTEE'S AFFIDAVIT RE: That part of Lot 2 of Lot 1 of the South West 1/4 of the South West 1/4, North, Range 2 East of the 5th P.M., Dubuque County, Iowa, according to described in Warranty Deed, Instrument #4273-72, and Lot B of TWIN RIDGE SUBDIVISION NO. 5, Dubuque County, Iowa, thereof. STATE OF IOWA , COUNTY OF DUBUQUE , Section 12, Township 88 the recorded Plat thereof, as according to the recorded Plat ss: affirmed) under oath, state the Trust dated was conveyed to the — I, i i M eA✓ , being first duly sworn (or of my personal knowledge that: 1. American, Trust & Savings Bank is the trustee under January 13, 1997 , to which the above-described real estate Grace M. Mueller trustee by pursuant to , an instrument office of the Dubuque recorded the 29 day of June , 2012 , in the County Recorder in Dubuque, Iowa (re-recorded August 9, 2012) (insert recording data). 2. American Trust & Savings Bank is the presently existing trustee under the Trust and is the City of Dubuque, Iowa authorized to transfer ownership of the above -referenced real estate to (describe the transfer to be made by the trustee to the bona fide purchaser) ;Iwithout any whatsoever, and I am 1/0y2.. to Pita, '7W/ru--1-. (office) limitation or qualification of the corporate trustee. , as trustee, is authorized 3. The Trust is in existence to transfer the interest in adverse claims. 4. The grantor of the trust 5 „ •°+4 S4 a'ta:. 4•.4,<,,t►.c' tiQ,: S and American Trust & Savings Bank the real estate as described in paragraph 2, free and clear of any is /XXXX alive. '11,0' ., 11 . ,� s' v141.\,11.f: :o<:. a vr1'- i•1111'11,11 11„,4011,. e10.f:, ., 4I, !.11.: v 1: !, ., r - deceased. The trust is revocable. Signed and sworn to (or by Chr,ts M. Glom . Raymond M. Mueller was.a beneficiary and is now deceased. £!HCis L�/c;h , Affiant affirmed) before me this it.,, day of NoJewiOer , Zoi to , Sev.,e-:a- VIce Prestclevx±— . oPa,�`"} -,T,-.-.- .. s SARAH J JECKLIN ?.���� Commis Ion Number 178805 ��f- L r77, 1iv �cn Commission Ex ;res 3 / Expires i GSignature of Notary ublic © The Iowa State Bar Association 2013 114 CORPORATE TRUSTEE'S AFFIDAVIT IOWADOCS® Revised August 2013 Addendum 1. - Grace M. Mueller Revocable Family Trust, American Trust & Savings Bank Trustee 1111111 11111111111111111111 11111111111111111111111111111111111111111 Doc ID008347850003 Type GEN Kind AGREEMENT Recorded: 11/18/2015 at 08:39:54 AM Fee Amt: $17.00 Page 1 of 3 Dubuque County Iowa John Murphy Recorder File2015-00014714 Prepared by and Return to: Jennifer A. 'Clemens -Conlon -AT0001534 - Phone: (563) 582-2926 Clemens, Walters, Conlon, Runde & Hiatt, L.L.P. 2080 Southpark Ct., Dubuque, Iowa 52003 AMENDMENT TO AGREEMENT IT IS AGREED on this (3 day of \Z OJ , 2015, by and between Twin Ridge Water, Inc., an Iowa Corporation, hereinafter called, "TWIN RIDGE" and Linda S. Schuster, a single person, hereinafter called, "SCHUSTER" that 1. Twin Ridge is the owner of property legally described as: Part of Lot 18 in Twin Ridge Subdivision, Dubuque County, lo a, and more particularly described as: Commencing at the Southeast corner of Lot 18 of the Subdivision of Lot 2 of the Subdivision of Lot 1 and Lot 2 of the Northeast 'A of the Southeast 1/4 of Section 11, Township 88 North, Range 2 East of the 5th P.M., Dubuque County, Iowa, thence Northeasterly 70 feet along the lot line between lots 14, 15 and 18, thence Northwesterly 30 feet, thence Southwesterly 70 feet, thence Southeasterly 30 feet to the point of beginning, and the well or wells, plant, chemical treatment facilities, storage and distribution facilities. including the water mains and lateral lines, heretofore constructed or to be constructed, including all easements incident to the ownership and operation of said water system. 2. Schuster is owner of property legally described as: Lot 18 in "TWIN RIDGE" Subdivision, in Table Mound Township, Dubuque County, Iowa, according to the recorded Plat thereof, EXCEPT part sold to Twin Ridge Water, Inc., as described in Warranty Deed, Instrument #748-72 and Correction Warranty Deed, Instrument #4272-72, records of Dubuque County, Iowa. 3 In consideration of the mutual promises herein, Twin Ridge and Schuster agree to amend paragraph 3 of the original Agreement dated September 25, 2013, eliminate the restrictions imposed upon Twin Ridge therein for purposes of transfer of Twin (1 (Ay aor iL_. Ridge re& estate, as described herein, and hereby authorize Twin Ridge to transfer said real estate described in paragraph 1 herein to the City of Dubuque, Iowa with no restriction. IN WITNESS WHEREOF, the parties have hereunto set their hand the day and year above first written. TWIN RIDGE 'W TER, INC. y: Dan' e ler , President )t)3t0C(14-4, By: Grace Mueller, Secretary STATE OF IOWA DUBUQUE COUNTY ) ) ) ss: inda S. Schuster, On this day of OC -`1-06,0 C , 2015, before me, the undersigned, a Notary Public in and for said County and State, personally appeared LINDA S. SCHUSTER, a single person, to me known to be the identical person named in and who executed the foregoing instrument and acknowledged that he executed the same as his voluntary act and deed. STATE OF IOWA DUBUQUE COUNTY ) ) ) ss: Notary Public in and said State ,LINDA A DOCCINI Commission Number 707834 X My Commission Expires On this day of tqo\/(t)ECE , 2015, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Daniel Mueller and Grace Mueller, as President and Secretary, of Twin Ridge Water, Inc. to me known to be the identical persons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. TRACEY L. STECKLEfN Commission Number 716016 My Comm Exp. 4 -II-11 JIAkto L. Notary Publi(C SAWP\RachellJACC\Twin Ridge Water, In\ Amendment 'to Aereementdocx n and for said State Consent of City of Dubuque The City of Dubuque, by its signature hereon, agrees, with respect to the real estate identified in paragraph 1 of the Amendment to. Agreement, that it will abide by the terms and conditions opposed upon Twin Ridge Water, Inc. in the agreement filed as Instrument No. 2013- 00015737; 013-00015737; and that in the event that the City no longer needs the property described in paragraph 1 of the Amendment to Agreement, which is recognized as where the well house and wells for Twin Ridge Water, Inc; are located, the property will be deeded to the then home owner of the property legally described in paragraph 2 of the Amendment to Agreement except that part sold to Twin Ridge Water, Inc. as described in the Warranty Deed filed as Instrument No, 74S-72 and Correction Warranty Deed filed as Instrument No. 4272-72 of the records of Dubuque County, Iowa, CITY OF D ,7BCTQUE By: 1l1ACarwin Ridge Wat r, ineCConsent.ofCity ofDi burque,docz dNtA Neao\wauaatt,,Ag§.,, • • 1 1 1 1 11 WitadstA&*:*§ II 110111 11 Iu IIIMI 11 11 11111 11 Doc ID 008347860003 Type GEN Kind: NOTICE Recorded: 11/18/2015 at 08:41:27 AM Fee Amt: $17.00 Page 1 of 3 Dubuque County Iowa John Murphy Recorder Fue2015-00014715 Prepared by and Return to: Jennifer A. Clemens -Conlon -AT0001534 Phone; (563) 582-2926 Clemens, Walters, Conlon, Runde & Hiatt, L.L.P. 2080 Southpark Ct., Dubuque, Iowa 52003 NOTIFICATION OF CAN The undersigned, by and on behalf of Twin Ridge Water, Inc. hereby states as follows: 1. A Sewerage System Agreement by and between Twin Ridge Water, Inc, and Gary G. Simpson, Wanda E. Simpson, Martin J. Arensdorf, Sonja Arensdorf Robert J. Even and Mary C. Even was entered into on September 7, 1971, filed February 4, 1972 in Book 330, pages 44-51 of the records of Dubuque County, Iowa and was subsequently corrected by a Corrected Sewerage System Agreemera dated June 15, 1972, filed June 16, 1972 as Instrument No. 4274-72 of the records of Dubuque County, Iowa. Pursuant to section 14, the agreement shall remain in full force and effect for the benefit of the parties mentioned therein until one of several events occurs, to include the sewage system described therein being taken over by governmental authority for maintenance and operation. Further, pursuant to the agreement, upon the happening of such an event, the agreement shall automatically terminate and the company shall execute and record an instrument cancelling this agreement, Concurrent hereivith, the sewerage system described therein has been taken over by a governmental authority for maintenance and operation and the agreement has automatically terminated. The company is hereby executing and recording this Instrument cancelling the agreement filed in Book 330, pages 44-51 and as amended by Instrument No. 4274-72. 2. A Water System Agreement by and between Twin Ridge Water, Inc. and Gary G. Simpson, Wanda E. Simpson, Martin J. Arensdorf, -Sonja Arcnsdorf, Robert J. Even and Mary C. Even was entered into on September 7, 1971, filed February 4, 1972 in --1, Book 330, pages 52-0 of the records of Dubuque County, Iowa and was subsequently corrected by a Corrected Water System Agreement dated June 15, 1972, 0 \rv"gC fic ;2x4'r�a,'X'., w. ,w. filed June 16, 1972 as Installment No, 4275-72 of the records of Dubuque County, Iowa. Pursuant to section 14, the agreement shall remain in full force and effect for the benefit of the parties mentioned herein until one of several events occurs, to include the water system described herein being taken over by governmental authority for maintenance and operation. Further, pursuant to the agreement, upon the happening of such an event, the agreement shall automatically terminate and the company shall execute and record an instrument cancelling this agreement. Concurrent herewith, the water system described therein has been taken over by a governmental authority for maintenance and operation and the agreement has automatically terminated. The company is hereby executing and recording this Instrument cancelling the agreement filed in Book 330, pages 52-60 and as =ended by Instrument No. 4275-72. 3. A Water System Agreement by and between Twin Ridge Water, Inc. and Pape Grain Company, which governs provision of water to buildings and improvements to property owned by Pape Grain Company, was entered into on the 24th day of July 1985, filed July 30, 1985 as Instrument No, 6263-85 of the records of Dubuque County, Iowa, Pursuant to section 13, the agreement shall remain in full force and effect for the benefit of the parties mentioned herein until one of several events occurs, to include the water system described herein being taken over by governmental authority for maintenance and operation. Further, pursuant to the agreement, upon the happening of such an event, the agreemera shall automatically terminate and the company shall execute and record an instrument cancelling this agreetnent. Concurrerit herewith, the water system described therein has been taken over by a governmental authority for maintenance and operation and the agreement has automatically terminated. The company is hereby executing and recording this Instrument cancelling the agreement filed in Instrument No, 6263-85. 4. A Sewerage System .Agreement by and between Twin Ridge Water, Inc, and Pape Grain Company, which governs provision ofwater to buildings and improvements to property owned by Pape Grain Company, was entered into on the 24th day of July 1985, filed July 30, 1985 as Instrument No. 6264-85 of the records of Dubuque County, Iowa. Pursuant to section 14, the agreement shall remain in full force and effect for the benefit of the parties mentioned herein until one of several events occurs, to include the sewerage system described herein being taken over by governmental authority for maintenance and operation. Further, pursuant to the agreement, upon the happening of such an event, the agreement shall automatically terminate and the company shall execute and record an instrument cancelling this agreement. Concurrent herewith, the sewerage system described therein has been taken over by a governmental authority for maintenance and operation and the agreement has automatically terminated. The company is hereby executing and recording this Instrument cancelling the agreement filed in Instrument No, 6264-85, TWIN RIDGE WATER, INC. iil //' ani f Mueller , President By, Grace M. Mueller, Secretary STATE OF IOWA DUBUQUE COUNTY SS: On this 16 day ofJ\ 2015, before me, the undersigned, a Notary Public in and for said County and State, personally appeared DANIEL J. MUELLER AND GRACE M. MUELLER, as President and Secretary, of Twin Ridge Water, Inc. to me known to be the identical persons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and de d. " TRACEY L. STECKLE T.-• Commission Num er neve-rotary Public i My Comm Exp, SAWPtRacheNACCVNin Ridge Water, IndiNatification DfCanceliationsiocx r kILUY'% d for said. State