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Bricktown Parking Lot Purchase 280 Locust_Paul FaheyTHE CTTY OF Dubuque ~j '~j~ ~ AIaMa~ical~- (,,,J j~ Masterpiece an the Mississippi 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Purchase of Property from Paul M. Fahey/Bricktown Parking Lot 280 Locust Street DATE: July 15, 2008 City Attorney Barry Lindahl is recommending acceptance of the deed for the Bricktown Parking Lot property at 280 Locust Street. 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 THE CITY OF DUB E Masterpiece on the BARRY LIND CITY ATTOR MEMORANDUM To: Michael Van Milligen City Manager DATE: July 11, 2008 RE: Purchase of Property from Paul M. Fahey/Bricktown Parking Lot 280 Locust Street On July 8, 2008, the City entered into an agreement with Paul M. Fahey to purchase the property located at 280 Locust 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. Attachment F:\USERS\tsteckle\Lindahl\Bricktown Parking Lot - 280 Locust\MVM_ResolutionAcceptingDeed_071108.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. Lindhal 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 RESOLUTION NO. 227-08 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM PAUL M. FAHEY WHEREAS, the City of Dubuque entered into an Agreement with Paul M. Fahey for the purchase of the following described real property in Dubuque County, Iowa: Lots 87, 88, and the North 20 feet 3 inches of Lot 86 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town of Dubuque, 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 Clerk of Dubuque hereby accepts the Warrenty Deed from Paul M. Fahey attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Warrenty Ded with the Dubuque County Recorder. Passed, approved and adopted this 21st day of July, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk c;TA r~, ~~ ~ WARRANTY DEED 0 Sit ~ ~~ ~ THE IOWA STATE BAR ASSOCIATION 9 ~ ~I ~ ~ Official Form #101 Recorder's Cover Sheet , ~`SOCi,~C~° Preparer Information: (Name, address and phone number) Brad J. Heying, 2100 Asbury Road, Ste 2, Dubuque, IA 52001, Phone: (563) 582-7980 Taxpayer Information: (Name and complete address) City of Dubuque, City Hall, 50 West 13th Street, Dubuque, Iowa 52001 Return Document To: (Name and complete address) Barry A. Lindahl, Suite 330, Harbor View Place, 300 Main Street, Dubuque, IA 52001, Phone: (563) 583-4113 Grantors: PAUL M. FAHEY KATHLEEN J. FAHEY Grantees: CITY OF DUBUQUE Legal description: See Page 2 Document or instrument number of previously recorded documents: ® The Iowa State Bar Association 2005 IOWADOCS® THE IOWA STATE BAR ASSOCIATION Official Form No. 101 Brad J. Hem Y g FOTHIS FFORME CONSULT YOUR LAWYERF 9T`~ ~'~ P ~~ ~ WARRANTY DEED • ) ~ . , ~ sS~Ci A~ `~~ For the consideration of TEN Dollar(s) and other valuable consideration, PAUL M. FAHEY and KATHLEEN J. FAHEY husband and wife do hereby Convey to THE CITY OF DUBUQUE IOWA the following described real estate in DUBUQUE County, Iowa: Lots 87, 88, and the North 20 feet 3 inches of Lot 86 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town of Dubuque, Iowa, subject to easements and restrictions of record. Grantors do Hereby Covenant with grantees, and successors in interest, that grantors hold the real estate by title in fee simple; that they have good and lawful authority to sell and Convey the real estate; that the real estate is free and clear of all liens and encumbrances except as may be above stated; and grantors Covenant to Warrant and Defend the real estate against the lawful claims. of all persons except as may be above stated. 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. q Dated: ~ ~ ( _ ® 8 PA M. F H (Grantor) HLEEN J. F EY (Grantor) (Grantor) (Grantor) STATE OF IOWA ,COUNTY OF DUBUOUE This instrument was acknowledged before me on "1-°--~8 , by PATIT. M FAHEY YY1 ,. n ~~ Notary P blic c+. ® The Iowa State Bar Association 2007 [s~`' Warranty Deed IOWADOCS® Revised Janua 2005 STATE OF T(~W A COUNTY OF T)T TRT TnT TF. This instrument was acknowledged before me on "T. -q -o8 , by KATNT, ..N J. Public 6~ sr~ STATE OF , COUNTY OF This instrument was acknowledged before me on _ by Notary Public STATE OF ,COUNTY OF This instrument was acknowledged before me on , by ,Notary Public