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Acceptance of Deed for Blum Properties_501 E. 15th StreetCopyright 2014 City of Dubuque Action Items # 2. IT EM T IT LE:Acceptance of Deed - Blum Properties, Inc. SUM MARY:City Manager recommending approval of a resolution accepting the deed to property located at 501 E. 15th Street purchase f rom Blum Properties, Inc. RESOLUT ION Accepting the Deed to certain real estate owned by Blum Properties, Inc., in Dubuque County, Iowa SUGGEST ED DISPOSIT ION:Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Blum Properties, Inc.-MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions W arranty Deed Supporting Documentation TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Purchase of Property from Blum Properties, Inc. – 501 E. 15 th Street DATE: December 11, 2015 City Attorney Barry Lindahl recommends City Council approval of a resolution accepting the deed to property located at 501 E. 15 th Street purchase from Blum Properties, Inc. I concur with the recommendation and respectfully request Mayor and City Council approval. _____________________________________ Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager 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 M E M O R A N D U M B A R R Y L I N D A H L C I T Y A T T O R N E Y TO: Michael C. Van Milligen City Manager DATE : December 11, 2015 RE: Purchase of Property from Blum Properties, Inc. – 501 E. 15 th Street On February 8, 2013, the City entered into an agreement with Blum Properties, Inc. to purchase the property located at 501 E. 15 th Street. The City has now acquired the property. Attached is a resolution accepting the deed to the property. I recommend that the resolution be submitted to the City Council for consideration and approval. BAL:tls Attachment cc: Gus Psihoyos, City Engineer Steve Brown, Project Manager Deron Muehring, Civil Engineer F:\USERS\tsteckle\Lindahl\Blum Properties\Closing Docs\MVM_ResolutionAcceptingDeed_121115.doc Prepared by Barry A. Lindahl 300 Main Street, Suite 330 Dubuque IA 52001 563 583-4113 Return to Prepared by Barry A. Lindahl 300 Main Street, Suite 330 Dubuque IA 52001 563 583-4113 RESOLUTION NO. 424-15 ACCEPTING THE DEED TO CERTAIN REAL ESTATE OWNED BY BLUM PROPERTIES, INC. IN DUBUQUE COUNTY, IOWA Whereas, the City of Dubuque, Iowa entered into a Purchase Agreement on February 8, 2013, with Blum Properties, Inc. for the purchase of certain real property in Dubuque County, legally described as follows: The north 35 feet of lot 255 in East Dubuque No. 2, in the City of Dubuque, Iowa, according to the recorded Plat thereof and Lot 256 and the southerly 15 feet of lot 255, in East Dubuque No. 2, an Addition to the City of Dubuque, Iowa, according to the recorded Plat of said Addition 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 Warranty Deed from Blum Properties, Inc., 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 14th day oDecember, 2015. Roy D. B ayor Attest: Kevin S. FirnstahlCityClerk F:\USERS\tsteckle\Lindahl\Blum Properties\Closing Docs\ResolutionAcceptingDeed_120815.doc 51A' Warranty Deed 7:1 (Corporate/Business Entity Grantor) THE IOWA STATE BAR ASSOCIATION Official Form #335 aoo Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, Iowa 52001 (563) 583-4113 111111111011 11111111111101111 Doc ID: 008366710005 Type: GEN Kind: DEED WITH RESOLUTION Recorded: 12/23/2015 at 03:38:19 PM Fee Amt: $474.40 Pape 1 of 5 Revenue Tax: $442.40 Dubuque County Iowa John Murphy Recorder Fi1e2015-00016249 Taxpayer Information: (Name and complete address) City of Dubuque, Iowa 50 West 13th Street, Dubuque, Iowa 52001 Return Document To: (Name and complete address) Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, Iowa 52001 Grantors: Grantees: Blum Properties, 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 ' THE IOWA STATE BAR ASSOCIATION Official Form No. 335 Barry A. Lindahl FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER !' ' o For the consideration valuable consideration, Blum Warranty Deed (Corporate/Business Entity Grantor) of one Dollar(s) and other Properties, Inc. , a(n) Iowa Corporation organized and existing under of Dubuque, Iowa the laws of Iowa does hereby Convey to the City the following described real estate in in East Dubuque No. 2, in the City 15 feet of lot 255, in East Dubuque to the recorded Plat of said Addition covenants with grantees, and successors that it has good and lawful authority clear of all liens and encumbrances, Defend the real estate against the lawful herein, including acknowledgment to the context. l c Dubuque County, Iowa: The north 35 feet of lot 255 recorded Plat thereof and Lot 256 and the southerly Dubuque, Iowa, according The grantor hereby estate by title in fee simple; the real estate is free and covenants to Warrant and may be above stated. Words and phrases gular or plural number, according Dated: f'N"-C. 11 t 20 of Dubuque, Iowa, according to the No. 2, an Addition to the City of in interest, that it holds the real to sell and convey the real estate; that except as may be above stated; and it claims of all persons, except as hereof, shall be construed as in the sin- Inc. STATE OF IOWA Blum Properties, a(n) Towa Co oration XY Alvin Blum , President By , , COUNTY OF Dubuque 6 —611---r?....., 0'= , ZOIS , This record was acknowledged by Alvin Blum before me on this // L)L 'day of as President of Blum Properties. Inc. /� '7A/4/1 d'G-,l Signature of Notary Public A. o RUSSELL N KIEFFER Commission Number 778626 x My Commission Expires rove . May 24, 2016 © The Iowa State Bar Association 2013 335 WARRANTY DEED (CORPORATE/BUSINESS ENTITY DEED) IOWADOCS® Revised August 2013 Prepared by Barry A. Lindahl 300 Main Street, Suite 330 Dubuque IA 52001 563 583-4113 Return to Prepared by Barry A. Lindahl 300 Main Street, Suite 330 Dubuque IA 52001 563 583-4113 RESOLUTION NO. 424-15 ACCEPTING THE DEED TO CERTAIN REAL ESTATE OWNED BY BLUM PROPERTIES, INC. IN DUBUQUE COUNTY, IOWA Whereas, the City of Dubuque, Iowa entered into a Purchase Agreement on February 8, 2013, with Blum Properties, Inc. for the purchase of certain real property in Dubuque County, legally described as follows: ; and The north 35 feet of lot 255 in East Dubuque No. 2, in the City of Dubuque, Iowa, according to the recorded Plat thereof and Lot 256 and the southerly 15 feet of lot 255, in East Dubuque No. 2, an Addition to the City of Dubuque, Iowa, according to the recorded Plat of said Addition 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 Warranty Deed from Blum Properties, Inc., 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 14th day oflDecember, 2015. Attest: D Roy D. B ayor F:\USERS\tsteckle\Lindahl\Blum Properties\Closing Docs\ResolutionAcceptingDeed_120815.doc CERTIFICATE of tfie CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 424-15 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 15th day of December, 2015. Kevin` S.Firnstah'f C C, City Clerk 0 HI 11 III IUI 001101100111 01 11 11 11 Doc ID 008366720004 Type GWH Kind GROUNDWATER HAZARD Recorded: 12/23/2015 at 03:38:53 PM Fee Amt: $0.00 Page 1 of 4 Dubuque County Iowa John Murphy Recorder File2015-00002246 REAL ESTATE TRANSFER -GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name Blum Properties, Inc. Address 411 E. 15th Street Dubuque Iowa 52001 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: 501 E. 15th Street Dubuque Iowa 52001 Number and Street or RR City, Town or P.O. Legal Description of Property: (Attach if necessary) See 1 in Addendum State Zip 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) There is no known hazardous waste on this property. X 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) Zoos- 1(22LI9 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) X 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: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: (Transferor or Agent) FILE WITH RECORDER Telephone No.: - 3 'CV? DNR form 542-0960 (July 18, 2012) GROUNDWATER HAZARD STATEMENT ATTACHMENT #1 NOTICE OF WASTE DISPOSAL SITE a. Solid Waste Disposal (check one) _ There is a solid waste disposal site on this property, but no notice has been received from the Department of Natural Resources that the site is deemed to be potentially hazardous. _ There is a solid waste disposal site on this property which has been deemed to be potentially hazardous by the Department of Natural Resources. The location(s) of the site(s) is stated below or on an attached separate sheet, as necessary. b.. Hazardous Wastes (check one) _ There is hazardous waste on this property and it is being managed in accordance with Department of Natural Resources rules. X There is hazardous waste on this property and the appropriate response or remediation actions, or the need therefore, have not yet been determined. Further descriptive information: Tetrachloroethene is present in groundwater at a level which poses an unacceptable cancer risk to site residents. This hazard is managed through an ordinance (Section No. 16-11-20), which has been approved by the Department of Natural Resources (per b. item 1). Arsenic is present in shallow soil at a level which poses unacceptable cancer and non -cancer risks to site residents. The response or remediation actions have not yet been determined (per b. item 2). Lead is present in shallow soil at a level which poses an unacceptable non -cancer risks to site residents, site workers, and construction workers. The response or remediation actions have not yet been determined (per b. item 2). I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: (Transferor or Agent) Telephone No.: FILE WITH RECORDER DNR form 542-0960 — Attachment #1 (July 18, 2012) Addendum 1. The north 35 feet of lot 255 in East Dubuque No. 2, in the City of Dubuque, Iowa, according to the recorded Plat thereof and Lot 256 and the southerly 15 feet of lot 255, in East Dubuque No. 2, an Addition to the City of Dubuque, Iowa, according to the recorded Plat of said Addition