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Marquette Hall, LLC Sale of Property_Hearing-Deed Copyrighted March 6, 2017 City of Dubuque Public Hearings # 1. ITEM TITLE: Marquette Hall, LLC Sale of Property SUMMARY: Proof of publication on notice of public hearing to consider approval of a resolution disposing of interest in a vacated alley between Regent Street and Queen Street, as shown on Exhibit A, by sale to Marquette Hall, LLC and the City Manager recommending approval. RESOLUTION Disposing of an interest in real property by Deed pursuant to a Purchase and Sale Agreement between the City of Dubuque and Marquette Hall, LLC SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Marquette Hall-MVM Memo City Manager Memo Staff Memo Staff Memo Exhibit Supporting Documentation Resolution Disposing Resolutions Purchase and Sale Agreement Supporting Documentation First Amendment to Purchase and Sale Agreement Supporting Documentation Second Amendment to Purchase and Sale Agreement Supporting Documentation Third Amendment to Purchase and Sale Agreement Supporting Documentation THE CITY OF Dubuque DUB E i" Masterpiece on the Mississippi 2007.2012.2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Resolution Disposing of an Interest in Real Estate Pursuant to a Purchase and Sale Agreement Between the City of Dubuque and Marquette Hall, LLC DATE: March 1, 2017 City Attorney Crenna Brumwell recommends City Council approval of a resolution disposing of interest in a vacated alley between Regent Street and Queen Street, as shown on Exhibit A, by sale to Marquette Hall, LLC I concur with the recommendation and respectfully request Mayor and City Council approval. ZIA-z k�4 Zia, Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager THE CITY OF DUB-�6 E MEMORANDUM Masterpiece on the Mississippi CRENNA M . BRUMWELL , ESQ. CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: March 1 , 2017 RE: Resolution Disposing of an Interest in Real Estate Pursuant to a Purchase and Sale Agreement Between the City of Dubuque and Marquette Hall, LLC The City of Dubuque, Iowa is the owner of real property located between Queen and Regent Streets (the Property), described as: Vacated alley between Regent Street and Queen Street as shown on Ex. A The City entered into a Purchase and Sale Agreement with Marquette Hall, LLC, dated for reference purposes February 1 , 2016, as amended, for the sale of the Property. Marquette Hall, LLC intends to remodel the existing school building at 2222 Queen Street for senior housing. I recommend that the attached resolution disposing of an interest in the Property by sale to Marquette Hall, LLC be submitted to the City Council for consideration and adoption. CMB:tIs Attachment Cc: Maurice Jones, Economic Development Director Alvin Nash, Housing & Community Development Director F:\Users\tsteckle\Lindahl\Marquette Hall LLC\MVM_ResolutionDisposinglnterest_030117.doc 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 cbrumwel@cityofdubuque.org Plot of Survey (ROW Vacation) of: Lot 34—A of Sonford Subdivision, in the City of Dubuque, lovm Comprised ol: beinq c BOW oe oh on of a.= 2Q All, betvreen Regent is k Rumen St, n o bst na=n Ip e I1-19, Intlusivc. & I/vt� 31-34, nduslM oll in SanioN S,h-',=-lon, 1, tna ON nl publy�e, Irrvo s „ s "�j � . ra8r PyOB '31 ' ' \\.0o„�,4LL/v. f // // J• �r _ , muiurc t:+Kvr \ ', ,�J /'r.e J Sa Nr O e'� �f,-� SUB��av \ � \ v rot•, �'�\ \ �J �$ $� l �„ ----- � f , �/ KN vn I 9 caa !Ile.Vr �� Ile v RIC IOr n IM OM / �� l vCN'-:n,eB-Onq ® ..Aa n a: SHEET 0t 3 Z Prepared by: Crenna Brumwell, Esq., 300 Main St., Suite 330, Dubuque, IA 52001 563-589-4381 Return to: Maurice Jones, 50 W. 13th Street, Dubuque, IA 52001 563-589-4393 RESOLUTION NO. 87-17 DISPOSING OF AN INTEREST IN REAL PROPERTY BY DEED PURSUANT TO A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND MARQUETTE HALL, LLC WHEREAS, the City Council, by Resolution No. 79-17, dated February 27, 2017, declared its intent to dispose of City interest in real property located between Queen and Regent Streets, described as: Vacated alley between Regent Street and Queen street, (the Property) as shown on Exhibit A ; and WHEREAS, pursuant to published notice, a public hearing was held on the proposed disposition on March 6, 2017 at 6:00 p.m. in the Historic Federal building, 350 W. 6th street, Dubuque, Iowa; and WHEREAS, it is the determination of the City Council that approval of the Purchase and Sale Agreement, as amended, providing for the sale of the Property to Marquette Hall, LLC according to the terms and conditions set out in the Purchase and Sale Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Purchase and Sale Agreement by and between the City of Dubuque and Marquette Hall, LLC for the sale of the Property is hereby approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute a Special Warranty Deed, conveying the City's interest in the Property, to Marquette Hall, LLC. Section 3. The City Manager is authorized to take such action as is necessary to carry out the terms of the Purchase and Sale Agreement. Passed, approved and adopted this 6th day of March, 2017. ATTEST: 1-11 b '2 Roy D. Buol, ayor 2 of Survey (ROW Vacation Lot -34—A of Sanford Stbdivision, in the City bf Dubuque, Iowa Ct.tatip(hcd of: befn9 betwen9ert i.44. 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SHEET OF 3 1 EXHIBIT A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MARQUETTE HALL, LLC This Purchase and Sale Agreement (this "Agreement'), dated for reference purposes the LL day of i4-fz, , 2016 by and between The City of Dubuque, Iowa, ("Seller") and MARQUETTE HALL, LLC, a Kansas limited liability company ("Buyer") (or its assigns). SECTION 1. REAL ESTATE DESCRIPTION. Buyer offers to buy real estate in Dubuque County, Iowa, described as follows: Vacated alley between Regent Street and Queen Street, as shown on Exhibits A and B with any easements and appurtenant servient estates, but subject to the following: a. any zoning and other ordinances; b. any covenants of record; c. any easements of record for public utilities, roads and highways designated the Real Estate; provided Buyer, on possession, is permitted to make the following use of the Real Estate: residential (the "Real Estate"). SECTION 2. PURCHASE PRICE. The purchase price is $1.00 (the "Purchase Price"), subject to an increase as set forth in Section 11 below. SECTION 3. REAL ESTATE TAXES. Seller shall pay any unpaid real estate taxes payable in prior years. Buyer shall pay all subsequent real estate taxes. Any proration of real estate taxes on the Real Estate shall be based upon such taxes for the year currently payable unless the parties state otherwise. SECTION 4. POSSESSION. If Buyer timely performs all obligations, possession of the Real Estate shall be delivered to Buyer on the closing date of that certain Purchase and Sale Agreement by and between Holy Spirit Parish and Marquette Hall, LLC dated of even date herewith (the "Apartment Contract") (the "Closing Date"). The intent of the parties hereto is that the Apartment Contract and this Agreement shall close simultaneous. Notwithstanding the foregoing, the Closing Date shall not extend beyond one (1)year from the date of this Agreement (the "Outside Closing Date"). SECTION 5. ASSIGNMENT AND ABSOLUTE RIGHT OF TERMINATION. This Agreement may be assigned with the consent of Seller. Buyer shall have the right to terminate this Agreement if the Apartment Contract is terminated or otherwise fails to close on or before the Outside Closing Date. I ii i SECTION S. DEED. Upon payment of the Purchase Price, Seller shall convey the Real Estate to Buyer by Quit Claim Deed. Buyer is purchasing the Real Estate "as is" and Buyer makes no representations or warranties of title. SECTION 7. TIME IS OF THE ESSENCE. Time is of the essence in this Contract. a SECTION 8. REMEDIES OF THE PARTIES. If either party fails to timely perform this t Contract, Buyer and Seller are entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and � attorney fees as permitted by law. " SECTION 9. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This Contract i shall apply to and bind the successors in interest of the parties. SECTION 10. TIME FOR ACCEPTANCE. If this offer is not accepted by Buyer on or before January 29, 2016 it shall become void and all payments shall be repaid to the Seller. SECTION 11. OTHER PROVISIONS. 11.1. Reimbursement of Title Matters. Buyer shall reimburse Seller upon receipt of a statement from Seller for all costs incurred by Seller, including the cost surveying, platting, filing, and recording fees related to the sale of the Real Estate, which shall include the vacation of the existing alley located on the Real Estate. 11.2. Construction of Improvements. (1) Buyer must comply with applicable law concerning the construction of improvements on the Real Property and concerning the construction of improvements contemplated in the Apartment Contract such as site plan approval, building permitting process, and inspection requirements. (2) Buyer will secure a building permit and begin remodeling the existing school building at 2222 Queen Street for senior housing on the Real Estate consistent with City requirements for senior housing not later than December 31, 2016 or the Construction Deposit (defined below) will be paid to the Seller. The contemplated project must meet the requirements for designation as a Qualified Residential Rental property as provided by the rules of the Iowa Finance Authority and must meet the Fair Housing Act definition of Housing for Older Persons. (3) Seller may have an interest in facilitating the purchase of homes owned by Applicants who apply for Buyer's affordable senior living accommodations. Buyer agrees to provide Seller with the name, address and contact number of f 2 each Applicant with a City of Dubuque address for Buyer's affordable senior living accommodations at the time of receipt of each such application. (4) On the Closing, Buyer will deposit the sum of $11,000 with an escrow agent reasonably acceptable to Seller (the "Construction Deposit'). The Construction Deposit will be returned to Buyer upon the issuance of a Certificate of Occupancy from the City for the improvements constructed on the real property which is the subject of the Apartment Contract. 11.3. Environmental Provisions. Seller accepts the Real Estate"as is" and further agrees to defend, indemnify and hold Seller harmless from and against any and all claims of any kind arising out of or resulting from the condition of the Real Estate. 11.4. Notice. The following shall be used for purposes of providing written notice pursuant to this Contract. City of Dubuque City Manager 50 West 131h Street Dubuque 52001 Marquette Hall, LLC Attn: Tom Anderson 6800 West 64th Street Overland Park, Kansas 66202 11.5. This Agreement is subject to final approval by the City Council of Seller. 11.6. Buyer may not sell or assign this Contract unless the purchaser or assignee in the purchase agreement or assignment acknowledges the obligations of Section 11 in writing and agrees to be bound thereby. 11.7. The covenants in Sections 11.1, 11.2, 11.3, and 11.6 shall survive the closing. THIS OFFER IS ACCEPTED CITY OF DUBUQUE, IOWA, SELLER MARQUETTE HALL, LLC Dated: v� /l0 Dated: L- /2-1 By By Mich I C. Van Milligen T m nderson,Authorized Agent City Manager 3 EXHIBIT A AREA MAP 4 Plot of Survey (ROW Vacation} of: Lot 34—A of Sanford Subdivision, In the City of Dubuque, Iowa C.p1b.d of- bainq o. BOW Vdo.fion of tha 20 .4:1ey beteeen Regent 9t. k .amen St. and bstxean Lots 11-19, Inclusive, k Lots 31-34, Indusfva, all in Sanford Subc,cleinn, In the City of Gaboque, Ip WO v. 4-1 /W,{+°+)s''194^ .�� t€`1/�� '� ,m+o \\ \`as •g.�.,y)).a In a•'a+"b's.�' �' E POB SANE ✓ /' l ` - , mN URE,99/ ! e� .aaan 11r A\ < SAMEpb '.b. t{. {� SI18D1 y0, wak'i R \\ SU9p SON 1 s ® N2ci Ems'-- _ tmSia an a at an ' _sem_ SHEET OF 3pJ, 5 FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MARQUETTE HALL, LLC THIS FIRST AMENDMENT TO AGREEMENT OF SALE(this"Amendment") is made and entered into effective as of the JZf day of November, 2016, by and between THE CITY OF DUBUQUE, IOWA("Seller"), and MARQUETTE HALL, LLC, a Kansas limited liability company ("Buyer"). 1. Recitals. Seller and Buyer have entered into that certain Purchase and Sale Agreement with an effective date of February 1, 2016 (the "Agreement") for certain property located in Johnson County, Kansas and more particularly described on Exhibit "A" attached hereto. Buyer and Seller now desire to amend certain of the terms of the Agreement. All capitalized terms used herein shall have the meaning given to them In the Agreement. 2. Closing Date. Buyer and Seller agree that the Closing shall be extended to October 31,2017. 3. Other Provisions. Section 11.2.(2) Is hereby deleted in its entirety and replaced with the following: (2) Buyer will secure a building permit and begin remodeling the existing school building at 2222 Queen Street for senior housing on the Real Estate consistent with City requirements for senior housing not later than December 31, 2017 or the Construction Deposit (defined below) will be paid to the Seller. The contemplated project must meet the requirements for designation as a Qualified Residential Rental property as provided by the rules of the Iowa Finance Authority and must meet the Fair Housing Act definition of Housing for Older Persons. 4. Property. Exhibit "A" of the Agreement is hereby deleted and replaced with Exhibit"A1"attached hereto and incorporated herein by reference. 5. Effect of Amendment. Except as specifically amended herein, all of the terms and provisions of the Agreement are hereby ratified and affirmed to be in full force and effect as of the date hereof. To the extent of any conflict between the Agreement and this Amendment, the terms and provisions of this Amendment shall govern and control. 6. Counterparts. This Amendment may be executed in one or more counterparts, each of which shall be an original, but all of which when taken together shall constitute one in the same instrument binding on all parties. Delivery of a signed counterpart by facsimile transmission shall be effective as delivery of a manually signed counterpart of this Amendment. [This space left blank intentionally. Signatures appear on next page.] PSAA 101 IN WITNESS WHEREOF, Seller and Buyer have executed this Amendment as of the date set forth above. SELLER: CITY OF DUBUQUE, IOWA By: Name: t - � Title: BUYER: MARQUETTE HALL,LLC, a Kansas limited liability company By: MARQUETTE HALL MANAGER LLC By: ii Jaf Hatch, Managing Member MAA d01 2 EXHIBIT "A-1" Contract Area with the City of Dubuque, Iowa o..na p m m.me.l Yw p x mt al It cml.a aeawew,,m / r mE.Pn.Ne'.wla r Lit nem°ue Foot.ngMnp: ] F%v E tlug Ne swmmrt me er.6e bt N,a a4m®W 6d1 bel to qe mmt "Y—W of nk bt W. "TI ]pRl'90'w Jnp me Xvmeoat IM a!eM Let N°M bl.l].Inl Il k Wt 1 el aela SYMoa LbLAelon.a,tl eI1Rd5 M1vr N M �ypp1}\ o�w' elc ung muu at xgxt or lar INoxf on.x..t sL \ A.'' X YIH'N'E. 11w SouWmel POW me of Pynt 9L a aletav M / - n n.n wn a.pent I.pn x.n er lem a,.tmmp.mt SANT D mew tool w:noee�°ree Na Nm".m+n'1. r. i 'I'm"eaa s°,o,Fl ••w sem.naN FF—s IDSa'IC W aep me xwmxesl Ine of and to 11 mato ly Let 1z / Lot n nr sM SnM1N sobalrMem n e.—o11Y].]]ral to ae xwmwx ton Fpou swvEl>:o }_�__ F a:v'I.Nu m ue Fai"m"BNmwi..Ne.`n Iwr m.n m.en sL..antm,...r MO ro FA¢OF KTNNINY WALL _j Wile LOT nl y L J��J' SJe SUBDMSION Imv • Ild ilidl E➢ SANFORD rj LM TOFACEAM OFof IaTuxlxD wALL 0.103 ACRES �• (4,490 SF) J }�- _ tm a wAu eExo FINE TO FACE OF \ SUBDIVISION rsTuxwo wuL WT IN \ 1 \ \ .L \ \ Wi la SANFORO \ \ \(\ \\ p IDT IY \\ y� aB g• 911R1f1tD LHE TO BGL °O}I' SUBDIVISION / \ LCDExo "�"'�"o.°1mm Ilvlml jto m.a.rc�°wmraa.w ner® o' 1Y' ao' so' ® scAlE f ]n vmv m>E Wnim wap SHEET 1 OF 1 SECOND AMENDMENT TO PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MARQUETTE HALL, LLC THIS SECOND AMENDMENT TO AGREEMENT OF SALE (this "Second Amendment") is made and entered into effective as of the 15th day of FEBRUARY, 2017, by and between THE CITY OF DUBUQUE, IOWA ("Seller") and MARQUETTE HALL, LLC, a Kansas limited liability company ("Buyer"). Seller and Buyer are sometimes referred to herein as the "Parties". RECITALS A. Seller and Buyer have entered into that certain Purchase and Sale Agreement with an effective date of February 1, 2016 a copy of which is attached hereto as Exhibit A (the "Agreement")for the Property (defined in the Agreement). B. The Agreement was modified by that certain First Amendment to Purchase and Sale Agreement dated November 17, 2016(the "First Amendment") a copy of which is attached hereto as Exhibit A. C. Buyer and Seller now desire to amend certain of the terms of the Agreement. All capitalized terns used herein shall have the meaning given to them in the Agreement. NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Location of Property. The Property (defined in the Agreement, as modified in the First Amendment)is located in City of Dubuque, Iowa. The reference to the Property being located in Johnson County, Kansas in the First Amendment is hereby deleted in its entirety. 2. Reason for Property Description Change. The legal description for the Property in the Agreement was modified by the First Amendment because the legal description did not include the entire area of the alley which is to be sold to Buyer. The tern"Property" refers to the legal description set forth in the First Amendment. 3. Ratification of Agreement and First Amendment. Buyer and Seller acknowledge that the Agreement was executed on February 1, 2016 but by the terms of the Agreement the offer from Seller expired on January 29, 2016. Buyer and Seller do hereby ratify the terms of the Agreement and the First Amendment and acknowledge each is bound by the terns of the Agreement, First Amendment and this Second Amendment, subject to the Agreement. 4. Effect of Second Amendment. Except as specifically amended herein, all of the terms and provisions of the Agreement and the First Amendment are hereby ratified and affirmed to be in full force and effect as of the date hereof. To the extent of any conflict between the Agreement and the First Amendment and this Second Amendment,the terms and provisions of this Second Amendment shall govern and control. Second Amendment to City PSA 03 I 5. Counterparts. This Second Amendment may be executed in one or more counterparts, each of which shall be an original, but all of which when taken together shall constitute one in the same instrument binding on all parties. Delivery of a signed counterpart by facsimile transmission shall be effective as delivery of a manually signed counterpart of this Second Amendment. [This space left blank intentionally. Signatures appear on next page.] 2 i IN WITNESS WHEREOF, Seller and Buyer have executed this Amendment as of the date set forth above. SELLER: CITY OF DUBUQUE, IOWA By: Name: Michael C. Van Milligen Title: City Manager BUYER: TT E;HALL,LLC, By. N e: omas L.Anderson Title:Authorized Agent 3 I EXHIBIT A Agreement and First Amendment 4 PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MARQUETTE HALL, LLC This Purchase and Sale Agreement (this "Agreement"), dated for reference purposes the /c day of 2016 by and between The City of Dubuque, Iowa, ("Seller") and MARQUETTE HALL, LLC, a Kansas limited liability company ('Buyer) (or its assigns). SECTION 1, REAL ESTATE DESCRIPTION, Buyer offers to buy real estate in Dubuque County, Iowa, described as follows: Vacated alley between Regent Street and Queen Street, as shown on Exhibits A and B with any easements and appurtenant servient estates, but subject to the following: a, any toning and other ordinances; b, any covenants of record; c. any easements of record for public utilities, mads and highways designated the Real Estate; provided Buyer, on possession, is permitted to make the following use of the Real Estate: residential (the "Real Estate. SECTION 2, PURCHASE PRICE, The purchase price is $1.00 (the "Purchase Price"), subject to an increase as set forth in Section 11 below. SECTION 3, REAL ESTATE TARES. Seller shall pay any unpaid real estate taxes payable in prior years. Buyer shall pay all subsequent real estate taxes. Any proration of real estate taxes on the Real Estate shall be based upon such taxes for the year currently payable unless the parties state otherwise. SECTION 4. POSSESSION, If Buyer timely performs all obligations, possession of the Real Estate shall be delivered to Buyer on the closing date of that certain Purchase and Sale Agreement by and between Holy Spirit Parish and Marquette Hall, LLC dated of even date herewith (the "Apartment Contract") (the "Closing Date"), The intent of the parties hereto is that the Apartment Contract and this Agreement shall close simultaneous, Notwithstanding the foregoing, the Closing Date shall not extend beyond one (1) year from the date of this Agreement (the "Outside Closing Date"), SECTIONS, ASSIGNMENT AND ABSOLUTE RIGHT OF TERMINATION. This Agreement may be assigned with the consent of Seller. Buyer shall have the right to terminate this Agreement tt the Apartment Contract is terminated or otherwise fails to close on or before the Outside Closing Date. SECTION 6, DEED, Upon payment of the Purchase Price, Seller shall convey the Real Estate to Buyer by Quit Claim Deed. Buyer is purchasing the Real Estate "as is" and Buyer makes no representations or warranties of title. SECTION 7, TIME IS OF THE ESSENCE, Time is of the essence in this Contract. SECTION 8, REMEDIES OF THE PARTIES. If either parry fails to timely perform this Contract, Buyer and Seller are entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. SECTION 9. CONTRACT BINDING ON SUCCESSORS IN INTEREST, This Contract shall apply to and bind the successors in interest of the parties. SECTION 10. TIME FOR ACCEPTANCE. If this offer is not accepted by Buyer on or before January 29, 2016 it shall become void and all payments shall be repaid to the Seller. SECTION 11, OTHER PROVISIONS, 11.1. Reimbursement of Title Matters. Buyer shall reimburse Seller upon receipt of a statement from Seller for all costs incurred by Seller, including the cost surveying, platting, filing, and recording fees related to the sale of the Real Estate, which shall include the vacation of the existing alley located on the Real Estate. 11.2. Construction of Improvements, (1) Buyer must comply with applicable law concerning the construction of improvements on the Real Property and concerning the construction of I mprovements contemplated in the Apartment Contract such as site plan approval, building permitting process, and inspection requirements. (2) Buyer will secure a building permit and begin remodeling the existing school building at 2222 Queen Street for senior housing on the Real Estate consistent with City requirements for senior housing not later than December 31, 2016 or the Construction Deposit (defined below) will be paid to the Seller. The contemplated project must meet the requirements for designation as a Qualified Residential Rental property as provided by the rules of the Iowa Finance Authority and must meet the Fair Housing Act definition of Housing for Older Persons. (3) Seller may have an interest in facilitating the purchase of homes owned by Applicants who apply for Buyer's affordable senior living accommodations. Buyer agrees to provide Seller with the name, address and contact number of 2 each Applicant with a City of Dubuque address for Buyer's affordable senior living accommodations at the time of receipt of each such application. (4) On the Closing, Buyer will deposit the sum of $11,000 with an escrow agent reasonably acceptable to Seller (the "Construction Deposit"). The Construction Deposit will be returned to Buyer upon the issuance of a Certificate of Occupancy from the City for the improvements constructed on the real property which is the subject of the Apartment Contract. 11.3. Environmental Provisions. Seller accepts the Real Estate "as is" and further agrees to defend, indemnify and hold Seller harmless from and against any and all claims of any kind arising out of or resulting from the condition of the Real Estate. 114, Notice. The following shall be used for purposes of providing written notice pursuant to this Contract. City of Dubuque City Manager 50 West 13th Street Dubuque IA 52001 Marquette Hall, LLC Attn: Tom Anderson 6800 West 64th Street Overland Park, Kansas 66202 11.5. This Agreement is subject to final approval by the City Council of Seller. 11.6. Buyer may not sell or assign this Contract unless the purchaser or assignee in the purchase agreement or assignment acknowledges the obligations of Section 11 in writing and agrees to be bound thereby. 11,7, The covenants in Sections 11.1, 11.2, 11.3, and 11.6 shall survive the closing. THIS OFFER IS ACCEPTED CITY OF DUBUQUE, IOWA, SELLER MARQUETTE HALL, LLC Dated: r/ Dated By By Michael C. Van Milligen T m nderson, Authorized Agent City Manager 3 EXHIBIT A AREA MAP 4 -7lol of Survey (ROW Vocofion) of; Lot 74-A of Sanford Subdimsion, In the City of aubuqum, Iowa Coll of: ming : ROW mill of 11120 Aeby gprnEn Poll s1. & C@1n Sc one Delman 1.015 '.I-19, h:tluSl'rt, 9 Ll 71->4, neNllvmI ell In Sol iwb]IWilon, In ?hm CIy of Noll Inmo Fiat naupar Al 4.1 owani „lo M1,4r \ $,J tm l•i `,. \ / ilowl�min warm+ wI mp)c ply, ) ,w�Wam „ xwuan mn!:oe / �m 1� r wWu o,rrv. w no �f/ to III VV \ fpY \ \ ma 1I doAll 00 n v,a � ' ry� l If 4 I i d' e�� mC 4�dC6 sAvr C Ji /` ru'eueASIA ln°u \ % ierwrwu J ��1. 1 WI II \ \ ( Sl.nr , 0 ��' b Sul ,Ilip vv \M, lone \\ Im IS r \ 014 / bw8yV� 117 IV All Al on) NfN Ali N SANE rol�gwwl.TTy d + 9 ar„ � INN 11 AN / r Hu: .at I II ROW mat Pre' r` ell /y / I Mee �i \ r Ott +.l All r � � Al W.ry, lolryp 1pY � SWtl54[u nm m �:MV+n1w. dd It AlaqI vr:� . g . -, AW m ami u.. f� awryva+nmwmma�or;xm nwrmwarurmm art mda rU xnyowpc r InRn4lTmTr,k IMASS r rOr.I51EW m1YOn4�n or ui III TYMr wI 4 wu Al ri WCR I I rTwUuT W__ AlAt14 s 1 11 I"Imn At RR0w4N'm olW r awmi '+n"H "a,1A,miw Nowt ld'M, WW m wur:muMxM a.w,gaw{nnn7TOI W AMp NI Oi�1 T�W),h ITCInypY{agOn xo lYli w,Yrne, wn : _MMEMTI„n.w an ,= 5 FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MARQUETTE HALL, LLC THIS FIRST AMENDMENT TO AGREEMENT OF SALE (this "Amendment") is made and entered into effective as of the ,� �day of November, 2016, by and between THE CITY OF DUBUQUE, IOWA ("Seller"), and MARQUETTE HALL, LLC, a Kansas limited liability company ("Buyer"). 1. Recitals. Seller and Buyer have entered into that certain Purchase and Sale Agreement with an effective date of February 1, 2416 (the "Agreement") for certain property located in Johnson County, Kansas and more particularly described on Exhibit "A" attached hereto. Buyer and Seller now desire to amend certain of the terms of the Agreement. All capitalized terms used herein shall have the meaning given to them in the Agreement. 2. closing Date. Buyer and Seller agree that the Closing shall be extended to October 31, 2017. 3. Other Provisions. Section 11.2.(2) is hereby deleted in its entirety and replaced with the following: (2) Buyer will secure a building permit and begin remodeling the existing school building at 2222 Queen Street for senior housing on the Real Estate consistent with City requirements for senior housing not later than December 31, 2017 or the Construction Deposit (defined below) will be paid to the Seller. The contemplated project must meet the requirements for designation as a Qualified Residential Rental property as provided by the rules of the Iowa Finance Authority and must meet the Fair Housing Act definition of Housing for Older Persons. 4. Property. Exhibit "A" of the Agreement is hereby deleted and replaced with Exhibit"Al" attached hereto and incorporated herein by reference. 5. Effect of Amendment. Except as specifically amended herein, all of the terms and provisions of the Agreement are hereby ratified and affirmed to be in full force and effect as of the date hereof. To the extent of any conflict between the Agreement and this Amendment, the terms and provisions of this Amendment shall govern and control. 6. counterparts. This Amendment may be executed in one or more counterparts, each of which shall be an original, but all of which when taken together shall constitute one in the same instrument binding on all parties. Delivery of a signed counterpart by facsimile transmission shall be effective as delivery of a manually signed counterpart of this Amendment. [This space left blank intentionally. Signatures appear on next page.] PSA Auld 01 IN WITNESS WHEREOF, Seller and Buyer have executed this Amendment as of the date set forth above. SELLER: CITY OF DUBUQUE, IOWA By: Name: hp+t L/Wt-I(,,,e , Title: co*-U�� BUYER: MARQU ETTE HALL, LLC, a Kansas limited liability company By: MARQUETTE HALL MANAGER, LLC By: 440- - Ja Hatch, Managing Member PSA Alnd 01 EXHIBIT )PA---'1 " Contract Area with the City of Dubuque, Iowa Commencing at the most Southerly corner of Lot 34 of Sanford Subdivision,in / the City of Dubuque, Iowa,sold point being the Point of beginning; Thence N 30'54'10"E along the Southeast line of said Lot 34,a distance of 115.81 feet to the most Eastedy corner of said Lot 34; Thence N 39'21'50"W along the Northeast line of said Lot 34 and Lot 33, Lot HATCHED AREA IS FOR 32&Lot 31 of said Sanford Subdivision,a distance of 173.35 feet to the EXISTING PUBLIC UTILITY Southeast Right Of Way(ROW)line of Regent St. t\N r— _I EASEMENT I , _—,— Thence N 50'42'54"E along the Southeast ROW line of Regent St., a distance of LOT 19 11.31 feet to a point 1.00'West of face of retaining wall; Thence S 39'21'15"E along a line being 1.00'West of said wall,a distance of / I , SANF D 190,53 feet to a point on the Northwest line of Lot 14 of said Sanford /Q —4-_i_ 1 Sub division; I /Q' Thence S 30'54'10"W along the Northwest line of said Lot 14 and Lot 13, Lot 12 I_ &Lot 11 of said Sanford Subdivision,a distance of 127.73 feet to the Northeast ROW line of QueenSt.; L_T_ Thence N 3931"19"W along the Northeast ROW line of Queen St.,a distance of 1.00FROM SURVEYED _L—�_ I I 21.23 feet to the Point of Beginning. UNE TO FACE OF RETAINING WALL 4—i_i I—4- LOT 18 I LOT 31 I— 4'--`- 1_ CYr `,� --�`-��• ' -� SUBDIVISION 1 J --F J LOT 32 _T r 1 LOT 17 I }— LOT 16 t_ J Ii—� 1.00' FROM SURVEYED — — J I LINE TO FACE OF SAN FORD _�_ i_I _i RETAINING WALL 0,103 ACRES (4,490 SF) - -� - , I I Lor 15 LOT 33 I --i-I-I 0.6'FROM SURVEYED O RETAINING UNE TO FACE OF \�ZZ SUBDIVISION WALL BEND RETAINING WALL LOT 14 \ w� LOT 34 \ titi LOT 13 \ O �� • 0 {� \ A7 SANFORD \ `\rs \ \ \ \ LOT 12 POB oG • 20.2' FROM \ �• SURVEYED LINE TO BOC LOT 11 SUBDIVISION LEGEND / FOUND 1"IRON PIPE (UNLESS OTHERWISE NOTED) B FOUND cur—x FOUND 5/8"ROD W/ORANGE CAP#164✓7 Q' � � 3�' �� ® PLACED CUT-X // SCALE: 1)" xx 30' GE 0 PLACED 5/8' AP MARKEDD""KOELrKER 15487" SURVEYED BOUNDARY LINE fiJUESING ASSOCIATES INC. PROPERTY LINE 1NNOMSERS AND 91MYRYORS _-------- SUBDIVIDED LINE 1212 LOCUST ST,DUBUQUE,IA CENTER LINE (663)586--4309 RIGHT OF WAY LINE DRAWN BY:JCH CHECKED BY:TLK 1P IRON PIPE SURVEY DATE:N/A PLOT DATE:11/14/16 SF SQUARE FEET ROW RIGHT OF WAY DWG,NO.16273--97 SCALE:1"a 30' BOC BACK OF CURB POB POINT OF BEGINNING q SHEET 1 OF 1 THIRD AMENDMENT TO PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MARQUETTE HALL, LLC THIS THIRD AMENDMENT TO PURCHASE AND SALE AGREEMENT (this "Third Amendment") is made and entered into effective as of the 27th day of February, 2017, by and between the CITY OF DUBUQUE, IOWA ("Seller") and Marquette Hall, LLC, a Kansas limited liability company ("Buyer"). Seller and Buyer are sometimes referred to herein as the "Parties". RECITALS A. Seller and Buyer have entered into that certain Purchase and Sale Agreement with an effective date of February 1, 2016, as amended (the "Purchase Agreement"), for the Property (defined in the Purchase Agreement). B. Buyer and Seller now desire to further amend certain terms of the Purchase Agreement. NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the Purchase Agreement is amended as follows: 1. Other Provisions. Section 11.8 is added as follows: 11.8. Notwithstanding any provisions to the contrary in the Purchase and Sale Agreement, First Amendment to Purchase and Sale Agreement, and Second Amendment to Purchase and Sale Agreement, the closing is conditioned upon an award of tax credits by the Iowa Finance Authority to Marquette Hall, LLC by June 1, 2017. In the event that tax credits are not awarded by such date, this Purchase and Sale Agreement shall be null and void. 2. Ratification of Agreement and First Amendment. Buyer and Seller do hereby ratify the terms of the Agreement and the First Amendment and the Second Amendment, and acknowledge each is bound by the terms of the Agreement, the First Amendment, the Second Amendment, and this Third Amendment, subject to the Agreement. 3. Effect of Third Amendment. Except as'specifically amended herein, all of the terms and provisions of the Agreement and the First Amendment and Second Amendment are hereby ratified and affirmed to be in full force and effect as of the date hereof. To the extent of any conflict between the Agreement and the First Amendment, 022417cmb Second Amendment and this Third Amendment, the terms and provisions of this Third Amendment shall govern and control. 4. Counterparts. This Third Amendment may be executed in one or more counterparts, each of which shall be an original, but all of which when taken together shall constitute one in the same instrument binding on all parties. Delivery of a signed counterpart by facsimile transmission shall be effective as delivery of a manually signed counterpart of this Third Amendment. IN WITNESS WHEREOF, Seller and Buyer have executed this Third Amendment as of the date set forth above. SELLER: CITY OF DUBUQUE, IOWA By: Michael C. Van Milligen City Manager BUYER: Ue: TE H L, LLC, mas L. Anderson Title: Authorized Agent 2 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: March 1, 2017, and for which the charge is $195.96. a Subscribed to before me a Notary Public in and for Dubuque County, Iowa, this /pa day of 20 /7 . Notary Public in and for Dubuque County, Iowa. MARY K WESTERMEYER Commission Number 154885 My Commission Exp. Feb. 1, 2020 CITY OF DUBUQUE OFFICIAL NOTICE. • `NOTICE OF_PUBLIC HEARING OF THE CITY COUNCILOF THE CITY OF DUBUQUE, IOWA ON THE MATTER OF; THE APPROVAL OFA PURCHASE AND SALE AGREEMENT WITH MARQUETTE HALL, LLC. DISPOSING OF . THE_CITY'S INTERESTIN CERTAIN REAL ESTATE - ' PUBLIC NOTICE is hereby given that the City Council of the Citylof Dubuque, Iowa; will, hold a public' hearing on the 6th day of March; 2017 at 6:00 On. in the City Council Chambers at;the Historic, Federal. Building, 350 W. 6th Street, DDub Mae Iowa- at Whit Metig the the City's- interept sesto takee coquette Haling a Purchase and Sale Agreement q'9 City p A rqdisposing ty' by Deed to, j LCin the following described real .: estate (the Property): - . Vacated alley between Regent /street and Queen Street As shown on Exhibit A - The Purchase and Sale Agreement, as,amended, is on file at.the Office.of the'CityClerk, City Half; 50 West 13th Street, Dubuque, Iowa. At the meeting,'the City Council will receive oral and written objections from any resident or property owner of the City to the above action. After all objections have been, received and considered; the City Council may at, this meeting , or at any adjournment,thereon, take additional action for the disposition of the City's interest in the Property and the - - • • approval of the,Purchase and' Sale Agreement,' or will abandon the proposal 'This notice is given byorder of the City Council of the City of Dubuque, Iowa i Dated this 1 st day of March 2017 t „��c -r--Kevin-5 Firnstahl Banti. bity Clerk Offiliibribrue,.lowa .• .� ti�rai vihkd >-r{ .RF x � .. r+. .._ 917 , e , EETWEEN oHE ITY OF DUBU.QU,E.AND, MARQUEE PURSUANT INYENTTO >31SPOSE OF INTEREST IN REAL_ESTATE BY DEE© TO MAiTQUETTE HALL TO A-PURCHASEANDLSALE;AGREEMENT TTE HALL„ LLC. - WHEREAS; theCity of: Dubuque( City} is the owner of the following. described real estate: • Vacated alley between Regent Street and Queen Street (the Propertyyas•shown.on Exhibit A and . WHEREAS, _City desires to;sell, the Property to Marquette;;Hall;'LLC, pursuant to, a Purchase and Sale Agreement dat- ed February :1.,•2016; ae.amerided-(the Purchase. Agreement },_now on -file at the Office of the'City Clerk,iCity' Hall, 13th and Central,"Dubuue,''lowa; and WHEREAS, theLLCity Council has tentatively determined that it would be in the best interests of the City to approve the Purchase'and Sale Agreernent and the sale of the Property.- , ... - - " NOW THEREFORE, BEA -RESOLVED BY THE CITY COUNCIL.OF THE CITY OF,DUBUQUE, IOWA:' Section 1. The City of, Dubuque intends to dispose of its interest in the Property by Deed to Marquette Hall, LLC pursuant to the Purchase and Sale Agreement. .. . .• r Section 2. That the City Clerk is hereby; authorized and directed to cause this, Resolution and a notice to, be pub- iished as prescribed by lowa Code Section 364.7 of a public hearing'on the City's intent to dispose of the Property to•be held on the 6th day of•March, 2017, at 6:00 o'clock p.m. atthe'Hi'stdric Federal'Building, 350 West 6th,Street, •Dubuque,.lowa. .. .— Passed, approved and adopted this 27th day of February, 2017. Roy D. Buol, Mayor Ai i tST: Kevin S. Fimstahl, City Clerk . as£ s'Psxa f.;is aster rai.h 4.xy # F� q r a & s ' '3»ci r r�ra b t ee 4,6,1• 4 li'pdmd��u, a iWdd„ri1il,,,dddiI 0.1.•V yam# • 'It 3/1 zdno=663756-01 1 Kevin Firnstahl From:Jennifer Griffin Sent:Wednesday, November 01, 2017 10:31 AM To:Nicholas L. Burkhart; Teresa Kool Cc:Crenna Brumwell; Kevin Firnstahl Subject:RE: Marquette Hall - Quit Claim Deed [SPVG-LIB1.FID1057836] Attachments:MX-3640N_20170912_113328.pdf The original Quit Claim Deed and accompanying resolutions (a copy of which is attached) was mailed to Black Hawk County Abstract and Title. The Deed has not been recorded. Will you take care of that? If you need the City to record, please send the originals back to us at 300 Main Street, Suite 330, Dubuque, IA 52001. Thanks, Jenny From: Nicholas L. Burkhart [mailto:nburkhart@sandbergphoenix.com] Sent: Thursday, September 14, 2017 1:26 PM To: Crenna Brumwell <Cbrumwel@cityofdubuque.org> Cc: Jennifer Griffin <Jgriffin@cityofdubuque.org>; Teresa Kool <teresakool@blackhawkabstract.com>; Heather R. Tegtmeier <htegtmeier@sandbergphoenix.com>; James C. Neeld <jneeld@sandbergphoenix.com> Subject: Marquette Hall ‐ Quit Claim Deed [SPVG‐LIB1.FID1057836] Crenna, We’re still waiting on the executed copy of the City’s Quit Claim Deed for the alleyway. Has the original been sent to Teresa at Black Hawk County Abstract & Title? If not, can you please coordinate and send me a copy. Our client’s lender will need a copy of the executed deed before authorizing closing. If you have any questions, please don’t hesitate to call me directly at 314-446-4326. Thank you, Nick Nicholas Burkhart 600 Washington Ave., 15th Floor Saint Louis, Missouri 63101 nburkhart@sandbergphoenix.com Tel: 314-231-3332 | Direct: 314-446-4326 | Fax: 314-241-7604 www.sandbergphoenix.com CONFIDENTIALITY NOTICE: This e-mail message and any attachments are confidential, and may contain information that is privileged, attorney-client communication or work product. If you have received this communication in error, please immediately notify the sender at 314-231-3332 or by reply e-mail, and delete this e-mail message and any attachment(s) from your system. Click here to report this email as spam. QUIT CLAIM DEED Recorder's Cover Sheet Preparer Information: (name, address and phone number) Crenna Brumwell 300 Main Street, Suite 330 Dubuque, IA 52001 Phone: (563) 589-4381 Taxpayer Information: (name and complete address) City of Dubuque 50 W. 13th Street Dubuque, IA 52001 Return Document To: (name and complete address) City of Dubuque 50 W. 13th Street Dubuque, IA 52001 Grantors: City of Dubuque, Iowa Grantees: Marquette Hall, LLC Legal Description: Lot 34-A of Sanford Subdivision, in the City of Dubuque, Iowa Document or instrument number of previously recorded documents: QUIT CLAIM DEED For the consideration of One Dollar(s) and other valuable consideration, the City of Dubuque, Iowa, a municipal corporation of the State of Iowa (Grantor), does hereby Quit Claim to Marquette Hall, LLC, an Iowa corporation, all its right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa: Lot 34-A of Sanford Subdivision, in the City of Dubuque, Iowa (Vacated alley between Regent Street and Queen Street) This deed is exempt according to Iowa Code 428A.2(6). 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: Roy . Buol, Mayor City of Dubuque, Iowa (Grantor) (This form of acknowledgment for individual grantor(s) only) STATE OF IOWA, COUNTY OF DUBUQUE On this 11 day of Sioc.mbo. , 2017, before me, a Notary Public in and for said state, personally appeared Roy D. Buol known to me to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. op rt"'�`�JENNIFER M. GRIFFIN e Commission Numbpr 743874 My Comm. Exp. 1\1011191 NoryP�*ntheSwa My Commission expires 11I01'1� Prepared by: Crenna Brumwell, Esq., 300 Main St., Suite 330, Dubuque, IA 52001 563-589-4381 Return to: Maurice Jones, 50 W. 13th Street, Dubuque, IA 52001 563-589-4393 RESOLUTION NO. 87-17 DISPOSING OF AN INTEREST IN REAL PROPERTY BY DEED PURSUANT TO A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND MARQUETTE HALL, LLC WHEREAS, the City Council, by Resolution No. 79-17, dated February 27, 2017, declared its intent to dispose of City interest in real property located between Queen and Regent Streets, described as: Vacated alley between Regent Street and Queen street, (the Property) as shown on Exhibit A ; and WHEREAS, pursuant to published notice, a public hearing was held on the proposed disposition on March 6, 2017 at 6:00 p.m. in the Historic Federal building, 350 W. 6th street, Dubuque, Iowa; and WHEREAS, it is the determination of the City Council that approval of the Purchase and Sale Agreement, as amended, providing for the sale of the Property to Marquette Hall, LLC according to the terms and conditions set out in the Purchase and Sale Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Purchase and Sale Agreement by and between the City of Dubuque and Marquette Hall, LLC for the sale of the Property is hereby approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute a Special Warranty Deed, conveying the City's interest in the Property, to Marquette Hall, LLC. Section 3. The City Manager is authorized to take such action as is necessary to carry out the terms of the Purchase and Sale Agreement. Passed, approved and adopted this 6th day of March, 2017. ATTEST: Kevin S. Firnstahl, City irk t,i4 Xi Roy D. BuoI,,4 Eayor 2 EXHIBIT A 3c t of Survey (ROW Vacation) of: Lot 34—A of Sanford Subdivision, ill the City of Dubuque, Iowa Comprised of: being POW ' ncnlic,n oI the 20' A:ley between Regent 31. & Queen it. and hetr,eel•i Lois 11-19, ilelunive, E: Lots 31-34, inclonit!<, nil in Sanford Subctirhion, in the City oI Ot,lbt q,ta., low() rofvr*to otKSiA hAB:ci'L•, 4tptll,f 1NA4 t.ta+ft CAS) tut 3 1 T-1 ✓ • 1 IaWNbn4: - 31, 11.0 :VA r6-JfIC3, SYS14t t. 11941. sI[ t,7•1V3tt ray / w St* ,a.: •. Li Q,4 g 6aa.3t CSC SC: IX COST 3,, r ! ll+�a►r,tLcurt 1-3 +CA timet "�tr14.1�` �4u \- A.) 1-u; ` NEM .t5t \ to TM. C. -SCALE �y4 'SCAt/ SC / i-NwSpAtl ,12., f1 T' .1MIt:73/ 1111 it HALLILP4 xnteNsc Miles S ti / 6� ' /.~ / l+r 1 � �f f. eJ1 to 1,6T 33 HEM! mart €c.% •0tr,A.4 ee utt 3,31 t3 IX SAC -SO NL ART MACE LL•.f it tk now t''. ix? 5f) \ 8 t1 .ti l.2rtiP rcnis NIPs, i!nt.s. ttPoL*1rS 1141134 Wrt1rJ'f� 1t3303 CM -3 1t*3tl Utl-i It l ../3 k:k At v4} a fi.n .TE rC3ntl3 431( MC%nf n r triC .L .t 141 NW C W s t tit rntt RPS '.3.•mr [rjT ;eattl ants cT / 1 ;Lllr-1A14A'-14" t„ L'11 S+lreVil t.C1 -3 .%]' ea' s:x2.E: t* + 43' rslarf ,,,, 0 11. tuLClt .t•r IN r@T kts =WA t Ch:C1 2 ,[{ 433441 C1 'ICA IC3,3130 3 0 CC'S* 41 Jt_f. /Mafnn* W:41.113 e, vr,I, ,;* 4rdt• Wrtit3 .4nb,, a' • 4.133 1111 k K4ultnl 713,44`311 K a ir4 •31[11 lt,,S rr 1 S floc H A 1 I tlltl .i m 411. UltO!IIIt r/- P'111 iK+ 3 033{*4 1»I0 1 33*M 3333 LCD St4 C:CC C4__bt41WAS 1117,dA1 Wi •Lt MAMA YtiaC* A1tt V43 13 ; 3 4, 3.3 :31 41r.Ll 333 TrY!t t'tr33*e_ ?F,Ct3331t 3313 t•13T * Jt* h 'Mt CCM= t *tri 3D *rt31 Gt trwv s Ar IRA,_ Nxt. ` � �• +'• * ser t tjtlt, ".33 3431 tat13 Strum at. Y31 ft a '333 • ••i!F / ; 0`P43 +1,N1 3 13+33• "Sir!, 31f313 [CAM* L, 3.6 r:r.* YttW t a 3 1 NMI 313*t lfaf•: St1ESWG SYR tw3 PC, 0.719-61T CIO o-4nru+ 4131 tlati:t. e 1, .... ete,,t' 1 12* 6t&m 3331*t, **_-_a�'34fit3 Nil 041r: 43!33/.1 NC. 33 33333.41.4* 9CA4- SI4EET i OF 3 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. 87-17 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 11th day of September, 2017. 4E. Q '; z•;. ' • • . Li ) ,l t� •;> .�b5¢ltS�tAR' s't: hl, CMG, City Clerk Preoared by: Return to: Nate Kieffer. City of Dubuque. 50 W. 13th Street. Dubuque. IA 52001 (563) 589-4270 Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 314-17 RESOLUTION VACATING THE ALLEY BETWEEN REGENT STREET AND QUEEN STREET IN SANFORD SUBDIVISION, TO BE KNOWN AS LOT 34-A OF SANFORD SUBDIVISION, IN THE CITY OF DUBUQUE, IOWA Whereas, Marquette Hall, LLC has requested the vacating of the alley between Regent Street and Queen Street in Sanford Subdivision; and Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated August 14, 2017 prepared by Buesing and Associates, Inc., describing the proposed vacated alley right of way, in the City of Dubuque, Iowa; and Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 25th day of August, 2017, the City Council of the City of Dubuque, Iowa met on the 5th day of September, 2017, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the proposed vacated alley between Regent Street and Queen Street to be known as Lot 34-A of Sanford Subdivision, in the City of Dubuque, Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 34-A of Sanford Subdivision, in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 5th day of September, 20 Attest: Kevin S. Firnstahl, CMC, City Clerk 'It sRoy D. Buol, Mayor Plat .of Survey (ROW Vacation) of: Lot 34—A of Sanford Subdivision, in the City of Dubuque, Iowa INDEX LEGEND Location: 20' Alley between Regent St. & Queen St and between lots 11 thlu19 & Lols 31 thn, 34 inclusive all In Sanford Sub. in the City of Dubuque. in the SW Section 13, T89N, R3E. Dubuque County. Iowa Requester. Mary Lou Baal - Buesiness Manager of Holy Spirit Parish 2215 Windsor. Ave. Dubuque, IA 52001 Surveyor. Teny L. Koelker Company: Bussing & Associates, Inc. 1212 Locust SL, Dubuque. IA 52001 Return To: dkoelker@buesing.com (563) 5561389 \ \ \ 4,. q(A S / \ 9P ' \ cr, %Q. ? \ A 0% \ \ HAMBURG \ F� \ oiy of/ / 1.00 WITNESS ♦ S \ / \?oJ \\S°// , //// \ \ \ CORNER JS�`'a\�3 /wry // \ \/ ho1,/ / \�F \ /� / \J �`/ / \•G?O!m\/i�/ pf / " 'C G' 4. / LOT 19 \ \ tel)' Irl }/ LOT 2-8 OF CS:t. / ,C' j51; / \ \O� a. . HAMBURG ADDITION / aF y`e / ?• / "'OSP. �' POB SANF* •p ♦ �, i / 7. z0 / / � M1 \ \� \ ea• / Fi / / , ...JAI. lila. LOT 18 \ SO. \•e'JJ / / / / / ,ii,llltl� HATCHED AREA IS FOR \ ♦\ _ \ ./ LOT 1-1-8 / 162-9r PUBLIC UTIDTY EASE NT \ \_id] OF HAMBURG / / ��5 J ♦ \ AODI710N A \ \ \ / / � k�5, LOT 17 \ \ >e ♦ /�LO• LOT 31 yJS,��,�F, \ ♦ \ /ifii\ ,°� SUBDI SIGN \ \ \ ♦ SANF•-p ��C'..J9� LOT 16 \ \ 1, , Irl,, �, \ LUT-% M \� LOT 32 J �� dJ \ J),�iCA� LOT 15 ��y\� \ yJ,, \ \ \ LOT 33 ,- / , J,i\9\ ♦ \ LOT 14 / lk 4.„ O\ \ SUBDI SIGN // / �!� CnV� , \ \ LOT 34 �1 b1 1 // / • �\ S� \ ^� `Qgry 1�10.� LOT 13 / / /�� ED �\ �SpJ\ \ ^� o SANF�-� // / / \ 2 LOT 12 / 111111111111111111111II 1111111 1111111111111 Doc ID: 008695040005 Type: GEN Kind: SURVEY PLAT RecFeeDrded: Amt: $27.00/2017 Page 1t of 01:59:44 PM Dubuque County Iowa John Murphy Recorder F11.e2017-00010609 PREPARED 8Y: BUESING & ASSOCIATES ADDRESS: 1212 LOCUST ST. DUBUQUE, IOWA PHONE: (563) 556-4389 LOT 1-1 `\\ •♦\ \�0'X// LOT 6 OF HAMBURG ADDITION // �j 5 IP AOLE PI -4'E \ a6C' \ , / LOT 1-2 ��/� \5>jj / 1.52../.4.431.:3418/ 1 ♦ \ (1.34')/;',` / \/ LOT 7 OF '3' /\ ADDITION METAL PLATE ♦ LOT 1 OF SA HEART PLACE FOUND HOLE FROU PREVIOUS PLACED PK NAIL S 30'54'10' W 4.72' 5/8' R00 LOT 11 N ROW (32 LOT 2 OF SACRED HEART PLACE y or y / BD! VISION / • 0 IP 06 ROW DETAJL 0 -SCALE / / 11 / 4.'` /� \ NOTE LOT 11 \ \ Nem' Dun v / Comprised of: being o ROW vacation of the 20' Alley between Regent St. & Queen St. and between Lots 11-19, inclusive, & Lots 31-34, inclusive, all in Sanford Subdivision, in the City of Dubuque, lowo LEGEND FOUND t' IRON PIPE (UNLESS OTHERWISE NOTED) FOUND CUT-% PLACED 007-0 PLACED 5/8' IRON REROD W/ORMGE PLASTIC CAP MARKE0 'KOELKER 15487' SURVEYED BOUNDARY LINE PROPERTY UNE CENTER UNE RIGHT OF WAY UNE IRON PIPE SQUARE FEET 13I0H7 of WAY PUBLIC UTILITY EASEMENT oot nlllerr/b OWA. •4 UD UNDER THE LA NOTES 0' 30' BO' 120' SCALE: 1' = 60' 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2. PROPRIETOR OF MOVE DESCRIBED AREA: are OF DUBUQUE. 3. SURVEYED REQUESTED BY: MARY LOU BAAL, BUSINESS MANAGER OF HOLY SPIRIT PARISH. 4. TOTAL AREA OF PERIMETER SURVEYED IS 0.141 ACRES (6,135 SF). 5. THIS PUT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. 1 HEREBY CERTIFY THAT 11115 LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORME0 BY ME OR 0840ER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY WS OF TM STA OF RY L U. KOELKERR •o- HR1tATE)/ 05487 a UCENSE N I46ER 15487 *••• •� * MY LICENSE RENEWAL DATE IS DECEMBER 31. 2013 ,4y,,ANLL IP\0 SHEETS COVERED BY THIS SEAL : SHEETS 1 & 2 UE§SING INCMl1A3 /Me 280700003 1212 1161000 51, 8.600100. w (583) 555-4382 DRAWN BY: JCH CHECKED BY: 11.K SURVEY DATE: 9/26/13 PLOT DATE 8/14/17 DWG. N0. 13215-01VP SCALE: 1' - 60' SHEET 1 OF 3 57p' ®(JAI Uy ; rsL.t 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. 314-17 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 6th day of September, 2017. (!st i,� .,.,' (SEALJ •, Z. I: e - e •' rte. i iii 0 • -.;3 �\ . Kevi S. irnstahl, C C, City Clerk 111 11 V 11 111 iemu II 11 11 r 11 Doc ID 008771230008 Type GEN Kind: RESOLUTION Recorded: 01/24/2018 at 02:56:22 PM Fee Amt: $42.00 Page 1 of 8 Dubuque County Iowa John Murphy Recorder F11e2018-00000949 RECORDER'S COVER SHEET RESOLUTION 87-17 AND RESOLUTION 314-17 Preparer Information: City of Dubuque, Iowa, 1300 Main Street, Dubuque, Iowa 52001 Phone: (563) 589-4281 Taxpayer Information: City of Dubuque, Iowa, 50 West 13th Street, Dubuque, IA 52001 Return Document To: Kevin S. Firnstahl, City of Dubuque City Clerk, 50 West 13th Street, Dubuque, IA 52001 Legal Description: Lot 34-A of Sanford Subdivision, in the City of Dubuque, Iowa Grantors: Grantees: City of Dubuque- Iowa Marra Ptte Hall I I C Document or Instrument of Previously Recorded Documents: 2017-00014407 -.11o0 Cjo Chit l(, t Prepared by: Crenna Brumwell, Esq., 300 Main St.,'Sulte 330, Dubuque, IA 52001 563-589-4381 Return to: Maurice Jones, 50 W, 13th Street, Dubuque, IA 52001 563-589-4393 RESOLUTION NO. 87-17 DISPOSING OF,AN INTEREST IN REAL PROPERTY BY DEED PURSUANT TO A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND MARQUETTE HALL, LLC WHEREAS, the City Council, by Resolution No. 79-17, dated February 27, 2017, declared its intent to dispose of City interest in real property located between Queen and Regent Streets, described as: Vacated alley between Regent Street and Queen street, (the Property) as shown on Exhibit A ; and WHEREAS, pursuant to published notice, a public hearing was held on the proposed disposition on March 6, 2017 at 6;00 p.m. in the Historic Federal building, 350 W. 6th street, Dubuque, Iowa; and IvAviHEREAS, it is the determination of the City Council that approval of the Purchase and Sale Agreement, as amended, providing for the sale of the Property to Marquette Hall, LLC according to the terms and conditions set out in the Purchase and Sale Agreement is in the public interest of the City of Dubuque. NOIN, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Purchase and Sale Agreement by and between the City of Dubuque and Marquette Hall, LLC for the sale of the Property is hereby approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute a Special Warranty Deed, conveying the City's interest in the Property, to Marquette Hall, LLC, Section 3. The City Manager is authorized to take such action ps is necessary to carry out the terms of the Purchase and Sale Agreement. Passed, approved and adopted this 6th day of March, 2017. ATTEST: Kevin Firnstahl,City 641 k Roy D. 2 uol, JfEyor STATE OF IOWA CERTIFICATE of the 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. 87-17 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 22nd day of January, 2018. Kevie.FirnstahlCMC, City Clerk Prepared bv: Return to: Nate Kieffer. Citv of Dubuque. 50 W. 13th Street. Dubuaue. IA 52001 (5631589-4270 Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 314-17 RESOLUTION VACATING THE ALLEY BETWEEN REGENT STREET AND QUEEN STREET IN SANFORD SUBDIVISION, TO BE KNOWN AS LOT 34-A OF SANFORD SUBDIVISION, IN THE CITY OF DUBUQUE, IOWA Whereas, Marquette Hall, LLC has requested the vacating of the alley between Regent Street and Queen Street in Sanford Subdivision; and Whereas, there has been presented to the .City Council of the City of Dubuque, Iowa, a plat dated August 14, 2017 prepared by Buesing and Associates, Inc., describing the proposed vacated alley right of way, in the City of Dubuque, Iowa; and Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 25th day of August, 2017, the City Council of the City of Dubuque, Iowa met on the 5th day of September, 2017, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the proposed vacated alley between Regent Street and Queen Street to be known as Lot 34-A of Sanford Subdivision, in the City of Dubuque, Iowa, should be approved. NOW THEREFORE, BE 1-r RESOLVED BY THE 1.,11 T COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 34-A of Sanford Subdivision, in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 5th day of September, 2�, moi_ p6y D. Buol, Mayor Attest: KeviS. Firn"stahl, GMC, City Clerk 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. 314-17 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 22nd day of January, 2018. Kevin S. Firnstahl, CMC, City Clerk Number: 201700014407 Recorded: 11/21/2017 at 10:01:41.0 AM Fee Amount: $17.00 Revenue Tax: $0.00 JOHN MURPHY RECORDER Dubuque County, Iowa QUIT CLAIM DEED Recorder's Cover Sheet Preparer Information: (name, address and phone number) Crenna Brumwell 300 Main Street, Suite 330 Dubuque, IA 52001 Phone: (563) 589-4381 Taxpayer Information: (name and complete address) City of Dubuque 50 W. 13th Street Dubuque, IA 52001 Return Document To: (name and complete address) City of Dubuque 50 W. 13th Street Dubuque, IA 52001 Grantors: City of Dubuque, Iowa Grantees: M.rgi ette Hall, LL(' Iv.c.a� tAi.JLw 1 Legal Description: Lot 34-A of Sanford Subdivision, in the City of Dubuque, Iowa Document or instrument number of previously recorded documents: QUIT CLAIM DEED For the consideration of One Dollar(s) and other valuable consideration, the City of Dubuque, Iowa, a municipal corporation of the State of Iowa (Grantor), does hereby Quit Claim to Marquette Hall, LLC, an lowa corporation, all its right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa: Lot 34-A of Sanford Subdivision, in the City of Dubuque, Iowa (Vacated alley between Regent Street and Queen Street) This deed is exempt according to lowa Code 428A.2(6). 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: t Roy 1. Buol, Mayor Ci y of Dubuque, lowa (Grantor) (This form of acknowledgment for individual grantor(s) only) STATE OF IOWA, COUNTY OF DUBUQUE On this It day of .pk-onAttf , 2017, before me, a Notary Public in and for said state, personally appeared Roy D. Buol known to me to be the person(s) named in and who executed the foregoing' instrument, and acknowledged that they executed the same as their voluntary act and deed. JENNIFER NI, GRIFFIN Commioalon Numb r 7j3874 aly Comm, Exp, AVMS_ My Commission expires V1\0IV1$ 411111111111111111111111311111111111111111111 Doc ID 008787470005 Type GEN Kind: RESOLUTION Recorded: 03/09/2018 at 04:02:42 PM Fee Amt: $27.00 Page 1 of 5 Dubuque County Iowa John Murphy Recorder Fi1e2018-00002409 Doc ID: 008771230008 Type GEN Kind: RESOLUTION Recorded: 01/24/2018 at 02:56:22 PM Fee Amt: $42.00 Page 1 of 8 Dubuque County Iowa John Murphy Recorder F11e2018-00000949 RECORDER'S COVER SHEET RESOLUTION 87-17 AND RESOLUTION 314-17 Preparer Information: City of Dubuque, Iowa, 1300 Main Street, Dubuque, Iowa 52001 Phone: (563) 589-4281 Taxpayer Information: City of Dubuque, Iowa, 50 West 13th Street, Dubuque, IA 52001 Return Document To: Kevin S. Firnstahl, City of Dubuque City Clerk, 50 West 13th Street, Dubuque, IA 52001 Legal Description: Lot 34-A of Sanford Subdivision, in the City of Dubuque, Iowa Grantors: Grantees: City of Dubuque, Iowa Marquette Hall, LLC Document or Instrument of Previously Recorded Documents: 2017-00014407 The attached Resolution No. 87-17 is being re-recorded to include the Exhibit A which is referenced on the first page, in the first "WHEREAS" of the Resolution. (',+m i'Qr✓IL Prepared by: Crenna Brumwell, Esq., 300 Main St., Suite 330, Dubuque, IA 52001 563-589-4381 Return to: Maurice Jones, 50 W. 13th Street, Dubuque, IA 52001 563-589-4393 RESOLUTION NO. 87-17 DISPOSING OF AN INTEREST IN REAL PROPERTY BY DEED PURSUANT TO A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND MARQUETTE HALL, LLC WHEREAS, the City Council, by Resolution No. 79-17, dated February 27, 2017, declared its intent to dispose of City interest in real property located between Queen and Regent Streets, described as: Vacated alley between Regent Street and Queen street, (the Property) as shown on Exhibit A ; and WHEREAS, pursuant to published notice, a public hearing was held on the proposed disposition on March 6, 2017 at 6:00 p.m. in the Historic Federal building, 350 W. 6th street, Dubuque, Iowa; and WHEREAS, it is the determination of the City Council that approval of the Purchase and Sale Agreement, as amended, providing for the sale of the Property to Marquette Hall, LLC according to the terms and conditions set out in the Purchase and Sale Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Purchase and Sale Agreement by and between the City of Dubuque and Marquette Hall, LLC for the sale of the Property is hereby approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute a Special Warranty Deed, conveying the City's interest in the Property, to Marquette Hall, LLC. Section 3. The City Manager is authorized to take such action as is necessary to carry out the terms of the Purchase and Sale Agreement. Passed, approved and adopted this 6th day of March, 2017. ATTEST: Kevin S. 41#- erk irnstah , City Roy D. BuoI,P ayor 2 STATE OF IOWA CERTIFICATE of tfie CITY CLERK ) SS: COUNTY OF DUBUQUE ) 1, 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. 87-17 including the Attachment A 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 8th day of March, 2018. ;,",�`, ,°%pe rte`•. +� Ps ,O a fie aJ Oe 1. 3 e . (Sg4 ° a . i ,#° i, e 4. • rs Ke n Firnstahl, C C, City Clerk EXHIBIT A Plat of Survey (ROW Vacation} o€. Lot 34-A of Sonford Subdivision, in the City of Dubuque, Iowa Comprisod of: being a ROW vacation of the 20' A:ley between Regent moi. & Cusen St. end betoeen lots 11-19, inclusive, & Lotz 31-34, inclusive, all in Sonford Subdivision, to the City of Dubuque, Iowo • fF atC►.0 t C'J.C4^4$ ACM= 313 WOW s7. IkA• A+A 3. 159 M3-00 110 3A1E1 4 1.40113 N 133 344. /VI 3%23D 33. ,tri. WV I?4I rn'1 O • AN. cSwat.8.11 E 017 CO AM:4141 •� r • • • 441 !1 u4 13 • • ti 1144 Y.N • \ • 4a 'i 2.\ trn I rI VIA4( a Art \ n 1 l\ %\ \ 141 4.1 • VW 13 SUBDt 40°7 tot V rf g2: rte,. \ / tat S • 444G1e tlLMtt rtA7( ti LC/ 11 131 NOW (12 SF) • H 0 o to 34.111 a 444 OP_ iau: 3 amnra 1171U$ 1300 hee14. ItN= t**44`Wr sk, "°it Ntt *tt 13 4r 4t*.043(6 liveVNY 41c 4113.13n•4441 3 48.11..44 8.11.4.4 NOV et 4444 CY. AIN •py sccuar tut 41113 co. 4R1 44.4314 4, yt]a4r Nnws 7 / I 1a s Lot 1 er 7woo,.�� tPr 447 d 30' fe. .J S'.3a L 1' + by 4. 4 40a414!4143 AQ' IN 4¢r 40 6IY44: two 3 "urn N OP '1418 UsOIKN 4 P4• .4 8IVRt. 3 744W4* Nr&AY•ta i4 vat' is* Nut. Wssr»s Na4azt 7 40.4 Aar a.a4W • 70444 4a;a 1 4(,444444 74444+41414 a 141 .8144 WAS 43 1 1444 31.1.1 4/1.1.1.. W. Lanor str tam OG 117! u hWCW / ivr . t4 (41.1 Isar 1141 LA U S1Ni.MS carcca n +K 1w,1m 40 13 Nnwtm iNaa(4 a.. 441 alNot.o Si w. �NG �St 4 V• .3.4•01 W HLl11'VARM. SNQ'ia0i1 MO 441. 41 a 144 W !MOM .tt14^.Y d14 F �[ 1r.e vz4444 (4 W.. .Hy NI, 1 l Ste, .4. 114 T> Aj 414}+11 do h'M t4 1461444 66 .MCC %M a 13.13 '!Al 0j/3ff1A 7f]'7 Y.1h MOP 21 OK 44 1y.8-41• 4 3444445411 14 s4 SKET 1 OF 11 1111011 11 Doc ID: 008787470005 Type: GEN Kind: RESOLUTION Recorded: 03/09/2018 at 04:02:42 PM; Fee Amt: $27.00 Page 1 of 5 Dubuque County Iowa John Murphy Recorder Q Fi1e2018-00002409 111.1 1111 •II iI 11 Doc ID 008794980009 Type GEN Kind: RESOLUTION Recorded: 03/28/2018 at 02:05:55 PM Fee Amt: $47.00 Page 1 of 9 Dubuque County Iowa John Murphy Recorder F11e2018-00003071 RESOLUTION 8717 AND RESOLUTION 314-17 11 r Doc ID 008771230008 Type GEN Kind: RESOLUTION Recorded: -01%24/2018 at 02:56:22 PM Fee Amt: $42.00 Page 1 of 8 Dubuque County Iowa John Murphy Recorder F11e2018-00000949 RECORDER'S COVER SHEET Preparer Information: City of Dubuque, Iowa, 1300 Main Street, Dubuque, Iowa 52001 Phone: (563) 589-4281 Taxpayer Information: City of Dubuque, Iowa, 50 West 13th Street, Dubuque, IA 52001 Return Document To: Kevin S. Firnstahl, City of Dubuque City Clerk, 50 West 13th Street, Dubuque, IA 52001 Legal Description: Lot 34-A of Sanford Subdivision, in the City of Dubuque, Iowa Grantors: Grantees: City of Dubuque, Iowa Marquette Hall, LLC Document or Instrument of Previously Recorded Documents: 2017-00014407 The attached Resolution No. 87-17 is being re --recorded to include the Exhibit A which is referenced on the first page, in the first "WHEREAS" of the Resolution. Being re-recorded again to include the full document. Replaces Instrument #2018-2409 and #2018-949. cd„1 (lb( !Li/ foo ,,CPI�� Prepared by: Crenna Brumwell, Esq., 300 Main St, Suite 330, Dubuque, IA 52001 563-589-4381 Return to: Maurice Jones, 50 W. 13th Street, Dubuque, IA 52001 563-589-4393 RESOLUTION NO. 87-17 DISPOSING OF AN INTEREST IN REAL PROPERTY BY DEED PURSUANT TO A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND MARQUETTE HALL, LLC WHEREAS, the City Council, by Resolution No. 79-17, dated February 27, 2017, declared its intent to dispose of City interest in real property located between Queen and Regent Streets, described as: Vacated alley between Regent Street and Queen street, (the Property) as shown on Exhibit A ; and WHEREAS, pursuant to published notice, a public hearing was held on the proposed disposition on March 6, 2017 at 6:00 p.m. in the Historic Federal building, 350 W. 6th street, Dubuque, Iowa; and WHEREAS, it is the determination of the City Council that approval of the Purchase and Sale Agreement, as amended, providing for the sale of the Property to Marquette Hall, LLC according to the terms and conditions set out in the Purchase and Sale Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Purchase and Sale Agreement by and between the City of Dubuque and Marquette Hall, LLC for the sale of the Property is hereby approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute a Special Warranty Deed, conveying the City's interest in the Property, to Marquette Hall, LLC. Section 3. The City Manager is authorized to take such action as is necessary to carry out the terms of the Purchase and Sale Agreement. < Passed, approved and adopted this 6th day of March, 2017. ATTEST: &00:40rAroi tiff Kevin S. irnstahl, City ( Terk Roy D. Buol, mayor 2 STATE OF IOWA CERTIFICATE of the 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. 87-17 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 26th day of March, 2018. Keviyi8. Firnstahl, CMC, City Clerk EXHIBIT A of -r W Vara n) t 34—A of Safford SWAN* on, the City ref Dubuque, Iowa f being m- ilk. rpt L ry cv 34, inc p ramili r :11&t PO Amu png.on truro,. meta, cm, 1 UES N E € :, Prepared by: Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street Dubuque, IA 52001 (563) 589-4270 Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 314-17 RESOLUTION VACATING THE ALLEY BETWEEN REGENT STREET AND QUEEN STREET IN SANFORD SUBDIVISION, TO BE KNOWN AS LOT 34-A OF SANFORD SUBDIVISION, IN THE CITY OF DUBUQUE, IOWA Whereas, Marquette Hall, LLC has requested the vacating of the alley between Regent Street and Queen Street in Sanford Subdivision; and Whereas, there has been presented to the City Council of the .City of Dubuque, Iowa, a plat dated August 14, 2017 prepared by Buesing and Associates, Inc., describing the proposed vacated alley right of way, in the City of Dubuque, Iowa; and Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 25th day of August, 2017, the City Council of the City of Dubuque, Iowa met on the 5th day of September, 2017, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the proposed vacated alley between Regent Street and Queen Street to be known as Lot 34-A of Sanford Subdivision, in the City of Dubuque, Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 34-A of Sanford Subdivision, in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 5th day of September, 2 7. Vi_ 641 y D. Buol, Mayor Attest: KeviS. Firnstahl, Gt/IC, City Clerk STATE OF IOWA CERTIFICATE of the 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. 314-17 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 26th day of March, 2018. Kevi S. Firnstahl, CMC, City Clerk Number: 201700014407 Recorded: 11/21/2017 at 10:01:41.0 AM Fee Amount: $17.00 Revenue Tax: $0.00 JOHN MURPHY RECORDER Dubuque County, Iowa QUIT CLAIM DEED Recorder's Cover Sheet Preparer Information: (name, address and phone number) Crenna Brumwell 300 Main Street, Suite 330 Dubuque, IA 52001 Phone: (563) 589-4381 Taxpayer Information: (name and complete address) City of Dubuque 50 W. 13th Street Dubuque, IA 52001 Return Document To: (name and complete address) City of Dubuque 50 W. 13th Street Dubuque, IA 52001 Grantors: City of Dubuque, Iowa Grantees: Marquette Hall, LLC Legal Description: Lot 34-A of Sanford Subdivision, in the City of Dubuque, lowa Document or instrument number of previously recorded documents: QUIT CLAIM DEED For the consideration of One Dollar(s) and other valuable consideration, the City of Dubuque, Iowa, a municipal corporation of the State of Iowa (Grantor), does hereby Quit Claim to Marquette Hall, LLC, an lowa corporation, all its right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa: Lot 34-A of Sanford Subdivision, in the City of Dubuque, Iowa (Vacated alley between Regent Street and Queen Street) This deed is exempt according to lowa Code 428A.2(6). 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: Roy . Buol, Mayor Ci!y of Dubuque, Iowa (Grantor) (This form of acknowledgment for individual grantor(s) only) STATE OF IOWA, COUNTY OF DUBUQUE On this It day of AskeryOte" , 2017, before me, a Notary Public in and for said state, personally appeAred Roy D. Buol known to me to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. JENNIFER M GRIFFIN 00mmIs8lon Numb r 73B74 4y earrtm, Exp, VG Norivit „ub inn 1 of Iowa My Commission expires 1‘\tilt\Vit Cc: Kevin Firnstahl Subject: FW: Marquette Hall Rerecorded Docs Ms. Myers: City Clerk Kevin Firnstahl is out of the office until Monday. On Monday, he will prepare certified copies of all documents and mail them to your attention. Please record the documents as your attorney and abstract company see fit. Thanks, Jenny From: Sarah Myers \[mailto:smyers@blackhawkabstract.com\] Sent: March 22, 2018 11:54 AM To: Tracey Stecklein <Tsteckle@cityofdubuque.org>; Trish Gleason <Tgleason@cityofdubuque.org> Cc: Jessica Kettleson <jkettleson@blackhawkabstract.com> Subject: Marquette Hall Rerecorded Docs Hello all, I sent the documents you had rerecorded to the attorney and abstract company and they say they needed them rerecorded in full with an exhibit A. You can see the note from the abstract company attached. We need this taken care of in order to deliver clear title. Your prompt attention to this would be greatly appreciated. Thank you, Sarah Myers Black Hawk County Abstract & Title 614 Sycamore St. Waterloo, IA 50703 Click here to report this email as spam. 2 Kevin Firnstahl From:Kevin Firnstahl Sent:Monday, March 26, 2018 2:28 PM To:Jennifer Griffin; Sarah Myers Cc:Tracey Stecklein Subject:RE: Marquette Hall Rerecorded Docs I have, today, supplied Missy at Abeln Abstract with certified copies of Resolution Nos. 87-17 w/Exhibit A and 314-17 as well as the original Recorder’s Cover Sheet with the previous two instrument numbers. She will take it from there. Thank you. Kevin S. Firnstahl, City Clerk th 50 W. 13 Street Dubuque, IA 52001 kfirnsta@cityofdubuque.org 563-589-4100 From: Jennifer Griffin Sent: Thursday, March 22, 2018 4:23 PM To: Sarah Myers <smyers@blackhawkabstract.com> Cc: Kevin Firnstahl <Kfirnsta@cityofdubuque.org> Subject: RE: Marquette Hall Rerecorded Docs Yes, Kevin will send the documents to Missy for recording. Thanks, Jenny From: Sarah Myers \[mailto:smyers@blackhawkabstract.com\] Sent: Thursday, March 22, 2018 4:21 PM To: Jennifer Griffin <Jgriffin@cityofdubuque.org> Cc: Kevin Firnstahl <Kfirnsta@cityofdubuque.org> Subject: RE: Marquette Hall Rerecorded Docs Jennifer, Can you please have him send the certified copies to Abeln Abstract company there in Dubuque (Attn. Missy)? Missy Kruser and I have worked out that she will take them down and have them recorded like she wants them. Thank you Sarah Myers Black Hawk County Abstract & Title 614 Sycamore St. Waterloo, IA 50703 From: Jennifer Griffin \[mailto:Jgriffin@cityofdubuque.org\] Sent: Thursday, March 22, 2018 4:05 PM To: smyers@blackhawkabstract.com 1 Kevin Firnstahl From:Sarah Myers <smyers@blackhawkabstract.com> Sent:Monday, March 26, 2018 2:32 PM To:Kevin Firnstahl Cc:Jessica Kettleson Subject:Recording Fees Kevin, We received a bill for 27 dollars in recording fees for the Marquette Hall transaction today payable to the Dubuque County Recorder. We will not be reimbursing you for this as it was a City of Dubuque mistake that led to this needing to be rerecorded, as well as the fact that we are already paying $47 to have this recorded correctly this week. If you have any questions you may contact our settlement services manager Jessica who is copied on this email. Thank you, Sarah Myers Black Hawk County Abstract & Title 614 Sycamore St. Waterloo, IA 50703 Click here to report this email as spam. 1