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Purchase of 7000 Pennsylvania Avenue_Warranty DeedTHE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Purchase of Property from Allen F. and Mary Ann Lex 7000 Pennsylvania Avenue DATE: August 28, 2008 City Attorney Barry Lindahl is recommending that the City appect the deed for the property located at 7000 Pennsylvania Avenue. 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, City Manager Barry Lindahl, City Attorney THE CITY OF DUBUQUE Masterpiece on the Mississippi MEMORANDUM BARRY LINDA L CITY ATTORN Y MEMORANDUM To: Michael Van Milligen City Manager DATE: August 21, 2008 RE: Purchase of Property from Allen F. and Mary Ann Lex 7000 Pennsylvania Avenue On March 4, 2008, the City entered into an agreement with Allen F. and Mary Ann Lex to purchase the property located at 7000 Pennsylvania Avenue. 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 cc: Dave Heiar, Economic Development Director F:IUSERS\tsteckle\LindahllLex Allen - 7000 Pennsylvania\MVM_ResolutionAcceptingRealEstate_082108.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. 282-08 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM ALLEN F. LEX AND MARY ANN LEX WHEREAS, the City of Dubuque entered into an Agreement with Allen F. Lex and Mary Ann Lex for the purchase of the following described real property in Dubuque County, Iowa: Lot 2 of the East 10 acres of the North East 1/4 of the North West 1/4 of Section 30, in Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa, according to the recorded Plat thereof 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 Allen F. Lex and Mary Ann Lex, a copy of which is attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Deed with the Dubuque County Recorder. Passed, approved and adopted this 2nd day of September, 2008 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk ©THE IOWA STATE BAR ASSOCIATION Thomas A. Bitter FOR THE LEGAL EFFECT OF THE USE OF Official Form No. 101 - Ma 2006 THIS FORM, CONSULT YOUR LAWYER Return To: Citv of Dubuaue Iowa. 50 West 13th Street Dubuque Iowa 52001 Preparers Thomas A. Bttter. 485 Locust Street Dubuque IA 52001 (563) 588-4608 Taxpayer: Cttv of Dubuaue Iowa. 50 West 13th Street Dubuque Iowa 52001 ^~# r jl ~\ N WARRANTY DEED i ~, •~~ iy... ~~~~~c•~s~~~` For the consideration of Ten Dollar(s) and other valuable consideration, Allen F. Lex and Ma Ann Lex,~tusband and wi e do hereby Convey to City of Dubuaue, Iowa the following described real estate in D ,h ~ sue County, Iowa: See 1 in Addendum 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, shalt be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated: 'A 6j`'Sk 2 (. Z~ °8 Allen F. Lex (Grantor) Mary An ex (Grantor) STATE OF - °c`=~ , COUNTY OF ~ I~ Q~.~ This instrument was acknowledged before me on , by Allen F. Lex and ~~ o{~«y~. THOYIAS A. BITTER otary Public ~, Commisslon Number 701250 ,o»; MyCommis,<IonExplro~ t-2l- 9 (This form of acknowledgment for individual grantor(s) only) Addendum 1. Lot 2 of the East 10 acres of the north east 1 /4 of the north west 1 /4, Section 30, in Township 89 North, Range 2 East of 5th P.M., in Dubuque Township, Dubuque County, Iowa, subject to highway, according to the Plat thereof in Book of Plats #31, page 260, records of Dubuque County, Iowa, subject to easements of record,