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Frommelt Estate Acceptance of Deed2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Arthur Frommelt Estate -Purchase of Property for the 32nd Street Detention Basin Project DATE: May 13, 2008 City Attorney Barry Lindahl is recommending acceptance of the deed to the Arthur Frommelt Estate property for the 32"d Street Detention Basin Project. I concur with the recommendation and respectfully request Mayor and City Council approval. "6 Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager THE CTTY OF DUB E Masterpiece on the Mississippi BARRY LIN CITY ATTO To: . DATE: RE: MEMORANDUM Michael C. Van Milligen City Manager May 7, 2008 Arthur Frommelt Estate -Purchase of Property for the 32nd Street Detention Basin Project On January 14, 2008, the City entered into an agreement with the Estate of Arthur P. Frommelt to purchase this property for the 32nd Street Detention Basin. We have recently closed on the purchase of the property. Enclosed 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:tIs Enclosure cc: Deron Muehring, Civil Engineer II F:\USERS\tsteckle\Lindahl\Frommelt Property AcquisitionUllVM_Resolution_0519Agenda_050708.doc OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org Prepared by Barry A. Lindahl 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. 163-08 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM THE ESTATE OF ARTHUR P. FROMMELT WHEREAS, the City of Dubuque entered into an Agreement with the Estate of Arthur P. Frommelt for the purchase of the following described real property in Dubuque County, Iowa: Lots 11, 12, 13, 14, and 15 Finks Subdivision in the City of Dubuque, 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 the Estate of Arthur P. Frommelt 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 this19th day of May, 2008. Roy D. ol, Mayor Attest: Ke in . Firns I, Assistant Clerk ~~`"TF COURT OFFICER DEED ~. x ~ THE IOWA STATE BAR ASSOCIATION •y ' ~~ ~ ~~ Offfclal Form No. P201 s. `°, s Recorder's Cover Sheet ~~~t,+~ Preparer Information: (Name, address and phone number) Ronald J. Belch, 124 S. Riverview/P.O. Box 21, Bellevue, IA 52031-0021, Phone: (563) 872-4558 Taxpayer Information: (Name and complete address) City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 Return Document To: (Name and complete address) Barry A. Lindahl, 300 Main Street, #300, Dubuque, IA 52001-6944 Grantors: The Estate of ARTHUR P. FROMMELT, Sister Sally Frommelt Grantees: City Of Dubuque Legal description: See Page 2 Document or instrument number of previously recorded documents: N/A ®The Iowa State Bar Association 2008 IOWADOCS® THE IOWA STATE BAR ASSOCIATION Official FORN No. P-201 Ronald J. Besch FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER `'rA~F s'~ a ~ 9 f~ z ;~ ~, • ~~ ~~ . .Y , COURT OFFICER DEED < S S ~, OCL4C~ The Estate of ARTHUR P. FROMMELT, now pending in the Iowa District Court in and for Dubuque County. Probate No. ESPRO 42671 Pursuant to the authority and power vested in the undersigned, and in consideration of $157,170.00 Dollar(s) and other valuable consideration, the undersigned, in the representative capacity designated below, hereby Convey(s) to City of Dubuque, Iowa, an Iowa Municipal Corporation, the following described real estate in Dubuque County, Iowa: Lot 11, Lot 12, Lot 13, Lot 14 and Lot 15 in Fink's Subdivision in the City of Dubuque, Iowa, according to the recorded Plat thereof. 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. Dated: May 5, 2008 ey rice Sister Sally From elt By rna As *in the As Executor *in the above entitled estate or cause. above entitled estate or cause. *Executor, Administrator, Guardian, Conservator, Trustee, Referee, Commissioner, or Receiver ®The Iowa State Bar Association 2008 P-201 COURT OFFICER DEED IOWADOCS® Revised March 2008 Acknowledgment for Individuals STATE OF IOWA ,COUNTY OF DUBUQUE This instrument was acknowledged before me on Mav 5 , 2008 , by ~;ctPr Cam, FrnmmPlt as Executor Of Estate of Arthur P_ Frnmmelt ~~ ~tAC RONALD J. BESCH * ~ COMMISSION # 012188 MY COM /SS/0 EXPIRES IOWA STATE OF ,COUNTY OF This instrument was acknowledged before me on as by of Notary Public Acknowledgment for Corporation STATE OF ,COUNTY OF This instrument was acknowledged before me on , by as of on behalf of said corporation as fiduciary. Notary Public STATE OF ,COUNTY OF This instrument was acknowledged before me on , by as of on behalf of said corporation as fiduciary. Notary Public Notary Public