Loading...
Property Exchange Agreement - Creek Wood Park/Timber Hyrst_Reimer Copyrighted April 17, 2017 City of Dubuque Consent Items # 10. ITEM TITLE: Property Exchange Agreement- Creek Wood Park SUMMARY: City Manager recommending approval of the Property Exchange Agreement with Jeff and Jill Reimer exchanging ownership of Lot 1-2 Timber-Hyrst Place #2 (currently owned by the City of Dubuque)for Lot 2 Timber-Hyrst Place No. 8 (currently owned by the Reimers). RESOLUTION Approving a Property Exchange Agreement with Jeff and Jill Reimer for the exchange of certain real property in Dubuque County, Iowa located along Creek Wood Drive SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Creek Wood Park Property Exchange-MVM Memo City Manager Memo Property E)r-hange Memo Staff Memo Property E)r-hange Agreement Supporting Documentation Resolution - Property Exchange Resolutions 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: Property Exchange Agreement At and Next to Creek Wood Park DATE: April 11, 2017 The land for Creek Wood Park was donated for the purpose of developing a park. The overhead utility lines created an issue for placement of a playground under them. Developer Marty McNamer is willing to donate a lot next to the current Creek Wood Park location. Between the current park lot and the proposed additional lot there is an approximately 50' access to the property to the south owned by Jeff and Jill Reimer. The Reimers graciously agreed to a property exchange so the two city lots become connected as one continuous piece versus having 50' of private property between the two park lots. Subsequent to this exchange a Council item will be prepared regarding the donation of the lot from the Developer. Leisure Services Manager Marie Ware recommends City Council approval of the Property Exchange Agreement with Jeff and Jill Reimer exchanging ownership of Lot 1-2 Timber-Hyrst Place #2 (currently owned by the City of Dubuque) for Lot 2 Timber-Hyrst Place No. 8 (currently owned by the Reimers). I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Marie Ware, Leisure Services Manager Gus Psihoyos, City Engineer THE CITY ODubuque U Bi E I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Manager SUBJECT: Property Exchange Agreement At and Next to Creek Wood Park DATE: March 30, 2017 INTRODUCTION The purpose of this memorandum is to request City Council approval of a Property Exchange Agreement of land at and next to Creek Wood Park. DISCUSSION The land for Creek Wood Park was donated for the purpose of developing a park. The overhead utility lines created an issue for placement of a playground under them. Developer Marty McNamer is willing to donate a lot next to the current Creek Wood Park location. Between the current park lot and the proposed additional lot there is an approximately 50' access to the property to the south. This access is owned by Jeff and Jill Reimer. The Reimers graciously agreed to a property exchange. This exchange would mean the two city lots become connected as one continuous piece versus having 50' of private property between the two park lots. Subsequent to this exchange a Council item will be prepared regarding the donation of the lot from the Developer. RECOMMENDATION I respectfully request City Council adopt the Resolution to approve the Property Exchange Agreement at and next to Creek Wood Park. MLW:et attachment Agreement cc Crenna Brumwell, City Attorney Nate Kieffer, Surveyor Steve Fehsal, Park Division Manager 1 Prepared by Marie Ware, Leisure Services. 2200 Bunker Hill Rd.. Dubuaue IA 52001. 563-589-4262 Return to Kevin Firnstahl, City Clerk, 50 W. 13th St., Dubuque, IA 52001, 563-589-4100 RESOLUTION NO. 137-17 APPROVING A PROPERTY EXCHANGE AGREEMENT WITH JEFF AND JILL REIMER FOR THE EXCHANGE OF CERTAIN REAL PROPERTY IN DUBUQUE COUNTY, IOWA LOCATED ALONG CREEK WOOD DRIVE WHEREAS, a property exchange agreement with Jeff and Jill Reimer is necessary to facilitate the exchange of tracts of land along Creek Wood Drive legally described as: Lot 1-2 Timber Hyrst Place #2 and Lot 2 Timber Hyrst Place No. 8 (the Properties); and WHEREAS, the property exchange is necessary to facilitate construction of Creek Wood Park in Timber Hyrst Subdivision; and WHEREAS, the City Council finds that it is in the best interests of the City of Dubuque to approve the Property Exchange Agreement for the Properties; and WHEREAS, Jeff and Jill Reimer have agreed to the conditions of the Agreement, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The Agreement is hereby approved. 2. The Mayor is hereby authorized and directed to execute such Agreement on behalf of the City of Dubuque, Iowa. 3. The City Council grants the authority to the City Manager or the City Manager's designee to facilitate the property exchange. Passed, approved and adopted this 17th day of April, 17. Roy D. BugMayor Attest: , 177 Kevin'F. Firnstahl,` City clerk /#.) , V/4/4_ PROPERTY EXCHANGE AGREEMENT The parties to the Agreement are the City of Dubuque (hereafter referred to as the "City") and Jill and Jeff Reimer (hereafter referred to as the "Reimers"). WHEREAS, City owns a tract of land along Creek Wood Drive within the city of Dubuque identified as Lot 1-2 Timber Hyrst Place #2 as shown on Exhibit A; and WHEREAS, Reimers own a tract of land along Creek Wood Drive within the city of Dubuque identified as Lot 2 Timber Hyrst Place No. 8 as shown on Exhibit B; and WHEREAS, the parties wish to exchange tracts of land ("Tracts"); and WHEREAS, the parties desire to enter into this agreement to define their obligations relating to the transfer of these Tracts. ARTICLE I. PRESENT OWNERSHIP 1.1 Ownership of Lot 1-2 Timber-Hyrst Place #2 is held by the City. 1.2 Ownership of Lot 2 Timber-Hyrst Place No. 8 is held by the Reimers. ARTICLE II. EXCHANGE AGREEMENT For good and valuable consideration, the parties agree to the following terms and conditions: 2.1 Transfer of Real Estate, At closing, the following conveyances shall be made: a) City, via Special Warranty Deed, will transfer ownership of Lot 1-2 Timber- Hyrst Place #2 to Reimers. b) Reimers, via Special Warranty Deed, will transfer ownership of Lot 2 Timber-Hyrst Place No. 8 to City. 2.2 Closing. Closing shall occur no more than thirty (30) days after City of Dubuque City Council approval of this transaction. ARTICLE III. TERMS APPLICABLE TO ALL DIVISIONS 3.1 Abstracting and Legal Description. The parties agree that abstracts shall be updated and delivered to the attorneys thirty (30) days prior to closing to ensure merchantable title will be conveyed to each respective party. The costs of updating abstracts shall be covered by the City. 3.2 Platting. The City will complete any and all surveying, platting, and recording costs necessary for completion of this transaction. The Survey and Plat shall be in a form acceptable to the City and to the Reimers. 3.3 Tax Pro -Rate. Each party will be responsible for pro -rated real estate taxes through the date of closing. 3.4 "As -Is" Condition of Real Estate. The parties agree that they have made all inspections of the real estate which is the subject of this Agreement and accept said real estate in its "as -is" condition with no exceptions other than merchantability of title. 3.5 Documents Required for Closing. The consideration for the Deeds described in Section 2.1 shall contain a recitation in the body of each Deed that the consideration is less than $500.00. Accordingly, no Ground Water Hazard Form or Declaration of Value Form will be required to be delivered to the other party at closing. Reimers' obligations hereunder are subject to the consent of Reimers' lender/mortgagee. 3.6 Possession. Each party shall have possession of the Tracts deeded to it at the time of closing. 3.7 Insurance. The real estate which is subject to this Agreement is unimproved. Each party shall keep in force the insurance it has on these Tracts, if any, until closing. Each party may purchase insurance to cover their interests in this real estate prior to closing if they so choose. 3.8 Remedies of the Parties. If any of the parties fails to timely perform their obligations under this Agreement, the other party or parties shall be allowed to utilize all remedies or actions of law or equity available to them. If any litigation relating to this Agreement, it shall be brought in the Iowa District Court for Dubuque County, and the successful party shall be entitled to recover court costs and reasonable attorney's fees from the unsuccessful party. ' 3.9 Binding on Heirs. This Agreement shall bind and benefit the heirs, devisees, legal representatives, successors, and assignees of the parties hereto. th Signed this day of, , 2017. CITY OF DU UQUE, IOWA By: Mayor R yam. Buol JILL & JEFF REIMER By: Jill Reime/ Attest: ` By: Jeff Reimer' k\ Kevin S.(FirnstaFil, City Clerk I 0 it„t, ,441/0 A DUB E Exhibit A DAGIS;�; Masterpiece on the Mississippi ori 1791�r - I 1'80$ / t LOT 29 TIMBER- 1809 - HYRST EST. REIMER 1 92 a LOT 12 TIMBER- 1722 HYRST EST. y CITY OF DUBUQUE LOT 2-2 TIMBER- HYRST PLACE#2 - CITY OF DUBUQUE . 1'80 STEP 1: CITY PLATS SIMPLE 1794 DIVISION CREATING LOT 1-2 TIMBER- TWO LOTS ON HYRST PLACE#2 LOT 30 TIMBER- EXISTING PARK CITY OF DUBUQUE HYRST EST.REIMER PROPERTY STEP 2: 1: ` CITY CONVEYS LOT :i 1-2 OF TIMBER HYRST ` PLACE NO. 2 TO REIMERS DIES MM rhls Inrormallon was complled --- ushg the Dubuque Nea Ge,w.01c In(ormallon System Ma Prepared b lDMHS),whim Includes data created by both the City of Dub—end Dubuque Caunly.It Is In—e—d that.white P P Y Ih.CRY or Dabugge end omtloroeuna eoende.eun�ed me City of Dubuque moimll—end t....te In for mallonavailable,hc,.fDAGlS end 1 inch — 100 feet W C s 9 G Engineering Division n�r—bo rsddata c.r.a me re.racy or curr.ncv ticl. 50 West 13th Street nfarmee a data a held led herein.me city and act, lOe[Inq ooh u shell not be held liable For any direct,IntlYect,Incidental, Wbleeenble punlme,or wth el demao..,whams,rI.sd.. qr 100 50 0 100 Feet Dubuque,Iowa 52001 vle data c,the anslno V t m the authored u qq any breach ase or Phone:(563)589-4270 mla dada a me Inebnnv to ase mis data or out or any bream of warranty whatsoever. S Fax:(563)589-4205 Nj E Exhibit B DAGISt 5;-' Masterpiece on the Mississippi actao t.ar.p:oa rac argta.,laa to m POW rt 91;�k / 1'786 * c 7 'Y f e'r 1803 / LOT 29 TIMBER- 1809 HYRST EST. REIMER LOT 12 TIMBER- s' .1722 HYRST EST. CITY OF DUBUQUE LOT 2 TIMBER- HYRST PLACE NO.8 HYRST PLACE#2 CITY OF DUBUQUE I 1804 STEP 3: REIMERS PLAT 1794 SIMPLE DIVISION k , CREATING TWO LOTS ON EXISTING rj PROPERTY ti �te , z liti Ivos STEP 4: REIMERS CONVEY y� • " `� LOT 2 OF TIMBER F HYRST PLACE NO. 8 TO CITY oncwnca:rnls lnrormauon was complkd �s:,g the D�n,a„e area Geographic Inrormeuon sv:rem (DAGIS),whldr ndWes tlete rfeeMtl by boM the CIN a/ N Map Prepared by: WW"" end Dubuque C—ty. It ie understmd met,while theC ofDqbgqueandpar[Idpatingage—esWIllxedthe City of Dubuque most wr—t and amgratc Information avellable,DAGIS end 1 inch = 100 feet Engineering Division It' appners do not warant d,a«naacv or cwrencv of trw innrmaa;«derecontalnedhereh The City andp ikIp,thg 50 West 13th Street epencleg:loll not bb h,0 11W,for any dlr t,indlW,Inolden[al, wn .entlel,p-it.,or sp«lei damages,wnetner ro.eseeeble a Dubuque,Iowa 52001 gnrorr5eeeb1e,arMing o„t of the autMr d or re,eutn0,�w goo of 100 50 0 100 Feet Phone'(563)589-4270 this dere a th¢Innb�llly Iq uw Ihis Jata�,int o(d�y breach of ' warrm,ty wner.•a>yra. S Fax:(563)589-4205 INDEX LEGEND: LOCATION: LOT 1-2 TIMBER-HYRST PLACE # 2, AND LOT 30 TIMBER-HYRST PLACE, IN THE CITY OF DUBUQUE, IOWA REQUESTOR: CITY OF DUBUQUE PROPRIETOR: JILL & JEFF REIMER SURVEYOR: RUSSELL N. KIEFFER SURVEYOR COMPANY: CITY OF DUBUQUE RETURN TO: RUSSELL N. KIEFFER CITY OF DUBUQUE 50 WEST 13TH ST., DUBUQUE, IOWA 52001 Reserved for Recorder JIII 1111 111111 11 lIllhIH 111111111 I II 0 111111 11 Doc ID 008683870004 Type GEN Kind: SURVEY PLAT Recorded: 08/04/2017 at 09:18:27 AM Fee Amt: $22.00 Page 1 of 4 Dubuque County Iowa John Murphy Recorder Fi1e2017-00009630 Prepared By: City of Dubuque Address: 50 West 13th St., Dubuque, IA 52001 LOT 50 TIMBER-HYRST PLAT OF SURVEY LOT 1 AND LOT 2 ESTATES # 2 / PER INST. NO. / 2008-00006368 /' TIMBER-HYRST PLACE # 8 / IN THE CITY OF DUBUQUE, IA COMPRISED OF: LOT 1-2 TIMBER-HYRST PLACE # 2 &/ LOT 30 TIMBER-HYRST ESTATES \ / IN THE CITY OF DUBUQUE, IOWA CHORD: LOT 49 N52° 05 18"E 50.03' (50') • TIMBER-HYRST ARC: o ESTATES # 2 PER INST. NO. 2008-00006368 CHORD: N63° 12' 53"E 153.31' ARC: L=153.86' R=525.00' FOUND DELTA 16° 47 29" _ 5/8" REBAR W/ RED CAP "12631" CHORD: S74° 20' 24"W 50.00' ARC: - - - - - L=50.02' R=525.00' DELTA 5° 27' 32" / L=50.05' (50.02') R=525.00' -\ �! Q DELTA 05° 27' 44";s OVS Ao 741 FOUND 5/8" REBAR W/ YELLOW CAP"18128" N01°58'35"W 5.31° FOUND 5/8" REBAR W/ RED CAP "12631" LOT 12 TIMBER-HYRST ESTATES PER INST. NO. 2006-00007184 Ph:563-589-4270 NORTH 0 30' 60' SCALE 1" = 60' FEET N42° 11' 33"E 29.74' FOUND 5/8" REBAR W/ RED CAP "12631" FOUND 5/8" REBAR W/ RED CAP "12631" FOUND 5/8" REBAR W/ RED CAP "12631" 10' WIDE PUBLIC UTILITY EASEMENT C.L. 100' WIDE TRANSMISSION LINE EASEMENT BK61 PG407 ^61 Qy NOTE: 120' THIS SURVEY IS LOCATED IN THE NE 1/4 SECTION 2, T88N, R2E (TABLE MOUND TOWNSHIP) OF THE 5TH P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA FOUND 5/8" REBAR W/ YELLOW CAP "4016" --LOT1-2 TIMBER-HYRS PLACE # 2 PER INST. NO. 2017-00007587 LOT 1 TIMBER-HYRST PLACE # 2 PER INST. NO. 2009-00008128 NOTES: 0551'0 . �\NE FOUND 5/8" REBAR W/ YELLOW CAP "4016" (23.74') S01° 20' 51"E 23.86' FOUND 5/8" REBAR W/ RED CAP "12631" FOUND 5/8" REBAR NO CAP LOT 2-2 TIMBER-HYRST PLACE # 2 PER INST. NO. 2017-00007587 01 3$ 68 553 gyp. FOUND 5/8" REBAR W/ NO CAP — , LOT 29 TIMBER-HYRST ESTATES PER INST. NO. 2006-00007184 O° \ 72, 20'WIDEACCESS \ EASEMENT �Qrp FOUND 5/8" REBAR \ AO" W/ RED CAP "12631" — ` \ 4' \ SANITARY SEWER EASEMENT FOUND 5/8" REBAR W/ RED CAP "12631" \ 5 `,N5' 91 1 FOUND 5/8" REBAR W/ YELLOW CAP"18128" LOT 1 99,107 SF (2.275 AC.) (312.63') N82° 30' 27"E 312.5E 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2. PROPRIETOR: CITY OF DUBUQUE, 50 WEST 13TH ST. DUBUQUE IOWA 3. SURVEY REQUESTED BY: CITY OF DUBUQUE 4. TOTAL AREA OF PERIMETER SURVEYED IS 109,079 S.F. 5. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. 6. DATE OF SURVEY: 05-25-2017 LOT E TIMBER-HYRST ESTATES PER INST. NO. 2006-00007184 I hereby certify that this land surveying document was prepared and - the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa. For the City of Dubuque Russell N. Kieffer Iowa Lic. No. 18128 Date My license renewal date is December 31, 2018 Pages or sheets covered by this seal: THIS PAGE ONLY LOT 30 TIMBER-HYRST ESTATES PER INST. NO. 2006-00007184 FOUND 5/8" REBAR W/ RED CAP "12631" Ny FOUND 5/8" REBAR W/ RED CAP "12631" O 40 R.O.W. (100.00') P.O.B. P.O.C. LEGEND SET 5/8" REBAR WITH YELLOW PLASTIC CAP #18128 FD. IRON ROD/PIPE AS SHOWN SET CUT "X" RIGHT OF WAY RECORDED DIMENSION POINT OF BEGINNING POINT OF COMMENCEMENT --------- RIGHT OF WAY LINE (EXISTING) ADJACENT PROPERTY LINE LINE BREAK Dubuque CITY OF DUBUQUE ENGINEERING DEPARTMENT CITY HALL, 50 WEST 13th STREET All -America City DUBUQUE, IA 52001-4864 PHONE (563) 589-4270 FAX (563) 589-4205 Drawn By: RNK I Approved By: RNK I Date: 06-23-2017 PLAT OF SURVEY LOT 1 AND LOT 2 TIMBER-HYRST PLACE # 8 DWG Location: F:\NKieffer\CAD Drawings\Timber Hyrst Park\timber hyrst park reimer swap PLAT 2.dwg 2007 C.I.P. Number: N/A 1 Sheet Number: 1 of 4 SURVEYOR'S CERTIFICATE 1, Russell N. Kieffer, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that the following real estate was surveyed and platted by me or under my direct personal supervision, To Wit: Lot 1-2 of Timber-Hyrst Place # 2 and Lot 30 of Timber-Hyrst Estates, in the City of Dubuque, Dubuque County, Iowa. This survey was performed for the purposes of subdividing and platting said real estate henceforth to be known as Lot 1 and Lot 2 of Timber-Hyrst Place # 8, in the City of Dubuque, Dubuque County, Iowa. Total area of Lot 1 and Lot 2 of Timber-Hyrst Place # 8 is 109,079 square feet. Total area of Lot 1 is 99,107 square feet. Total area of Lot 2 is 9,972 square feet. All Lot areas are, more or Tess, and all Lots are subject to easements, reservations, restrictions, and rights-of-way of record and not of record, the plat of which is attached hereto and made part of this certificate. -26 ._ 20/ Russell N. Kieffer Licensed Land Surveyor License No. 18128 2 Date License Renewal Date: 12/31/2018 OWNER'S CONSENT Dubuque, Iowa �N(�Ulst 7_ , 2017 The foregoing Plat of Survey of: Lot 1 and Lot 2 of Timber-Hyrst Place #J 8, in the City of Dubuque, Dubuque County, Iowa, is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate. NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: By: 0 & .,//,-,2te-4--- By: ill A. Reimer '' effrey .1 Reimer On this 11 day of 1A USt , A.D., 2017 before me, the undersigned, a Notary Public in and for said County, in said State, p rsonally appeared Jill A. Reimer and Jeffrey J. Reimer, to me known to be the identical person(s) named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that they executed the same as their voluntary act and deed. `"` a JENNIFER M. GRIFFIN Commission Numor 7p3874 '0.x.- My Comm. Exp. 3 otary Public In ansIF•i raid State PLANNING SERVICES Dubuque, Iowa 4u0'4.a- 3 , 2017 The foregoing Plat of Survey of: Lot 1 and Lot 2 of Timber-Hyrst Place # 8, in the City of Dubuque, Dubuque County, Iowa, or within the two-mile jurisdiction of the City of Dubuque, Iowa, as defined under Section 354 of the Code of Iowa, has been reviewed by the City Planner, (or designee) of the City of Dubuque in accordance with Chapter 42 of the City of Dubuque Code of Ordinances, and said approval has been endorsed herein on the date first written above. COUNTY AUDITOR Laura C stens Planning Services Manager Dubuque, Iowa {NU igU VI `• � ' , .. Q"117 y (R,.. i' ; s The foregoing Plat of Survey of: Lot 1 and Lot 2 of Timber-Hyrst Place # 8;7n i "City..of`1 gbuque, tOtahuque County, Iowa was entered of record in the office of the Dubuque a"Cpu ly Audi of,, If i ' of iTo SA , 2017. We approve the subdivision name or title to be reCarjied. J CITY ASSESSOR Dubuque, Iowa D,erijse 1. Dalin que qd6nty Auditor , 2017 The foregoing Plat of Survey of: Lot 1 and Lot 2 of Timber-Hyrst Place # 8, in the City of Dubuque, Dubuque County, Iowa was entered of record in the office of the City Assessor of the City of Dubuque, Iowa, this 5' — of 67,.,E ,2017. RECORDER'S CERTIFICATE Dubuque, Iowa Richard A. Englken Dubuque City Assessor ,2017 The foregoing Plat of Survey of: Lot 1 and Lot 2 of Timber-Hyrst Place ,# 8, in the City of Dubuque, Dubuque County, Iowa, has been reviewed by the Dubuque County Recorder. v.`'`., Jo pk John Murphy Recorder of Dubuque County, Iowa 4 1111 11 11 111111)1111111111 If 1 11 111111 Doc ID: 008706560002 Type: GEN Kind: SPECIAL WARRANTY DEED Recorded: 09/18/2017 at 03:44:11 PM Fee Amt: $17.00 Page 1 of 2 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder Fi1e2017 00011602 Prepared by: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381 Return to: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381 Tax Statement to: Jeffrey & Jill Reimer 1722 Creek Wood Drive Dubuque, IA 52003 SPECIAL WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: that the City of Dubuque, Iowa, a municipal corporation of the State of Iowa (Grantor), in consideration of the Grantee named below, and other good and valuable consideration, and pursuant to the authority of Chapter 403, Code of Iowa, does hereby GRANT, SELL, AND CONVEY unto Jeffrey J. and Jill A. Reimer, husband and wife, as joint tenants with full rights of survivorship and not as tenants in common, the following legally described real estate situated in the County of Dubuque, State of Iowa, to wit (the Property): Lot 1-2 Timber-Hyrst Place #2, in the City of Dubuque, Iowa This Deed is exempt from transfer tax pursuant to Iowa Code Section 428A.2(6). This Deed is given pursuant to the authority of Resolution No. 249-17 of the City Council of the City of Dubuque adopted the 5th day of July, 2017, the terms and conditions thereof, if any, having been fulfilled. Grantor hereby covenants to warrant and defend the said premises against the lawful claims of all persons whomsoever claiming by, through and under it. Dated this day ofz\___IWA1777-Aor 2017 at Dubuque, Iowa. .ii CITY OF DUBUQUE IOWA By: Roy p9BuoI, Mayor Attest: By: Ke STATE OF IOWA hitKlerk SS COUNTY OF DUBUQUE On this 1 day of ,-,,„0-Lf-c,,c-r\bs6- , 2017, before me a Notary Public in and for said County, personally appeared Roy D. Buol and Kevin S. Firnstahl to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Dubuque, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. Notary Public in and for Dubuque County, Iowa L. GLEASON commission Number 719986 My Commission Expires WARRANTY D'EED Return, to: City of Dubuque, 50 West 13th Street, Dubuque, IA Preparers Brad J, Heving. 2100 Abu'' R.ix1d, Suite 2. Dubuclue, IA 520U Taxpayer: City of Dubuque. 50 West 13th Street. Dubuoue, [A _ For the consideration of Ten ($10.00) consideration, Jeffrey J. Reimer and Jill A; Reimer, husband and wife, City of Dubuque, Iowa Dubuque County, Iowa: Lot 2 ofTimber-Hyrst Place No. 8 in the City of Dubuque, Iowa This deed is exempt according[owa Code 428A,2(2 1). 0111111E111111111111 11 11 11 11 Doc ID 008706550001 Type GEN Kind WARRANTY DEED Recorded: 09/18/2017 at 03:43:48 PM Fee Amt: $12.00 Page 1 of 1 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder F11,2017-00011601 52001 1. Plime: (563) 582-79g0 52001 Dollar(s) and other valuable do hereby Convey to the following described real estate E WAGNER ssicn 773335 My Comm, Exp. JUN 5,2018 , . 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 COVeliEtnt to Warrant and Defend the real estate against the lawful claims 01 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 masculin-e or feminine gender, according to the context. Dated on / _tf—J7 (11 eftrey J. eini(Grantor) TE OF [0 WA , COUNTY OF D UQUE 7- L./5" -i 7 This record was acknowledged before me on Reimer and Jill A. Reimer, husband and wife, C, The lo‘vu State tl.rAssocialiult 2(.117 Iowa DucsrO by Jeffrey J. b ic: I,urut Nu. till, 11'arrano, Drell itevisedLlI iv 2(1(11 n mw IIII6 lIII 11 11 11 11 Doc ID 008732680008 Type GEN Kind: AFFIDAVIT REGARDING PLAT Recorded: 11/07/2017 at 04:09:54 PM Fee Amt: $42.00 Page 1 of 8 Dubuque County Iowa John Murphy Recorder File2017-00013863 Prepared by: Russell N. Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to: Russell N. Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 AFFIDAVIT STATE OF IOWA ) )ss DUBUQUE COUNTY ) I, Russell N. Kieffer, being first duly sworn under oath do depose and state as follows: 1. That I am a duly registered land surveyor licensed in the State of Iowa, License No. 18128. 2. That I prepared a Plat of Survey of: Lot 1 and Lot 2 of Timber-Hyrst Place # 8 in the City of Dubuque, Iowa which plat is recorded as Instrument Number 2017-00009630 on August 04, 2017, in the records of Dubuque County Recorder, Dubuque, Iowa. 3. That at the time of recording said Plat of Survey the owners of the property shown on said Plat of Survey were the City of Dubuque and Jeffrey J. Reimer and Jill A. Reimer. 4. That at the time of recording of said Plat of Survey, the document did include consent from Jeffrey J. Reimer and Jill A. Reimer but did not include consent from the City of Dubuque. 5. That said Plat of Survey is now being re-recorded to include consent from both property owners. Dated at Dubuque, Iowa this 7 ry day of November, 2017. Russell N. Kieffer, P.L.S. Subscribed and sworn to me by Russell N. Kieffer this 1 day of Noy_ember, 07 STEPHANIE A. Commission N My Crmm. E:Y,p, Atifi l% NT NE ublic In and for the State of Iowa INDEX LEGEND: LOCATION: LOT 1-2 TIMBER-HYRST PLACE # 2, AND LOT 30 TIMBER-HYRST PLACE, IN THE CITY OF DUBUQUE, IOWA REQUESTOR: CITY OF DUBUQUE PROPRIETOR: JILL & JEFF REIMER SURVEYOR: RUSSELL N. KIEFFER SURVEYOR COMPANY: CITY OF DUBUQUE RETURN TO: RUSSELL N. KIEFFER CITY OF DUBUQUE 50 WEST 13TH ST., DUBUQUE, IOWA 52001 Reserved for Recorder WW Ali 4i �I�iit Doc ID 008683870004 Type GEN k Kind: SURVEY PLAT Recorded: 08/04/2017 at 09:18:27 AM Fee Amt: $22.00 Page 1 of 4 Dubuque County Iowa John Murphy Recorder F11e2017_00009630 Prepared By: City of Dubuque Address: 50 West 13th St., Dubuque, IA 52001 LOT 50 TIMBER-HYRST PLAT OF SURVEY LOT 1 AND LOT 2 ESTATES # 2 / PER INST. NO. / 2008-00006368 TIMBER-HYRST PLACE # 8 / IN THE CITY OF DUBUQUE, COMPRISED OF: LOT 1-2 TIMBER-HYRST PLACE # 2 & LOT 30 TIMBER-HYRST ESTATES IN THE CITY OF DUBUQUE, LOT 49 TIMBER-HYRST ESTATES # 2 PER INST. NO. 2008-00006368 CHORD: N63° 12' 53"E 153.31' ARC: L=153.86' R=525.00' FOUND DELTA 16° 47' 29" 5/8" REBAR W/ RED CAP "12631" CHORD: S74° 20' 24"W 50.00' ARC: — — — L=50.02' R=525.00' DELTA 5° 27' 32" / IOWA CHORD: N52° 05' 18"E 50.03' (50') ARC: L=50.05' (50.02') R=525.00' DELTA 05° 27' 44" FOUND REBAR W/ RED CAP "12631" 10' WIDE PUBLIC UTILITY EASEMENT FOUND 5/8" REBAR W/ RED CAP "12631" LOT 12 TIMBER-HYRST ESTATES PER INST. NO. 2006-00007184 C.L. 100' WIDE TRANSMISSION LINE EASEMENT BK 61 PG 407 Ph:563-589-4270 NORTH 0 30' 60' SCALE 1" = 60' FEET FOUND 5/8" REBAR W/ RED CAP "12631" 842" 11' 33"E 29.74' NOTE: FOUND 5/8" REBAR W/ RED CAP "12631" FOUND 5/8" REBAR W/ YELLOW CAP "18128" N01° 58' 35"W 5.31' FOUND 5/8" REBAR W/ YELLOW CAP "4016" — — —LOT 1-2 TIMBER-HYRS PLACE # 2 PER INST. NO. 2017-00007587 LOT 2-2 TIMBER-HYRST PLACE # 2 PER INST. NO. 2017-00007587 FOUND 5/8" REBAR W/ NO CAP FOUND 5/8" REBAR W/ RED CAP "12631" N6 1A9g$ 5 05 LOT 1 TIMBER-HYRST PLACE # 2 PER INST. NO. 2009-00008128 NOTES: co orb 0551E •NNE FOUND 5/8" REBAR W/ YELLOW CAP "4016" (23.74') S01° 20' 51"E 23.86' FOUND 5/8" REBAR W/ RED CAP "12631" FOUND 5/8" REBAR NO CAP FOUND 5/8" REBAR W/ YELLOW CAP "18128" LOT 1 99,107 SF (2.275 AC.) (312.63') N82° 30' 27"E 312.56' 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2. PROPRIETOR: CITY OF DUBUQUE, 50 WEST 13TH ST. DUBUQUE IOWA 3. SURVEY REQUESTED BY: CITY OF DUBUQUE 4. TOTAL AREA OF PERIMETER SURVEYED IS 109,079 S.F. 5. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. 6. DATE OF SURVEY: 05-25-2017 LOT E TIMBER-HYRST ESTATES PER INST. NO. 2006-00007184 1 hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa. For the City of Dubuque 106.26--20 Russell N. Kieffer Iowa Lic. No. 18128 Date My license renewal date is December 31, 2018 Pages or sheets covered by this seal: THIS PAGE ONLY LOT 30 TIMBER-HYRST ESTATES PER INST. NO. 2006-00007184 FOUND 5/8" REBAR W/ RED CAP "12631" \ \ \ \ i- 20' WIDE ACCESS \ c� EASEMENT Grp \ AO. C2A 120' THIS SURVEY IS LOCATED IN THE NE 1/4 SECTION 2, T88N, R2E (TABLE MOUND TOWNSHIP) OF THE 5TH P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA LOT 29 TIMBER-HYRST ESTATES PER - INST. NO. — 2006-00007184 0 \ SANITARY SEWER EASEMENT \ FOUND 5/8" REBAR W/ RED CAP "12631" \ `A1113t 56 FOUND 5/8" REBAR W/ RED CAP "12631" LEGEND 03 � SET 5/8" REBAR WITH YELLOW PLASTIC CAP #18128 FD. IRON ROD/PIPE AS SHOWN SET CUT "X" R.O.W. RIGHT OF WAY (100.00') RECORDED DIMENSION P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT --------- RIGHT OF WAY LINE (EXISTING) ADJACENT PROPERTY LINE 0 LINE BREAK Dubuque CITY OF DUBUQUE held ENGINEERING DEPARTMENT CITY HALL, 50 WEST 13th STREET All -America City _ DUBUQUE, IA 52001-4864 PHONE (563) 589-4270 FAX (563) 589-4205 2007 Drawn By: RNK I Approved By: RNK I Date: 06-23-2017 PLAT OF SURVEY LOT 1 AND LOT 2 TIMBER-HYRST PLACE # 8 DWG Location: F:\NKieffer\CAD Drawings \Timber Hyrat Park\timber hyrst park reimer swap PLAT 2.dwg C.I.P. Number: N/A 1 Sheet Number: 1 of 6" Zl Ci.J9 may) NALe SURVEYOR'S CERTIFICATE I, Russell N. Kieffer, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that the following real estate was surveyed and platted by me or under my direct personal supervision, To Wit: Lot 1-2 of Timber-Hyrst Place # 2 and Lot 30 of Timber-Hyrst Estates, in the City of Dubuque, Dubuque County, Iowa. This survey was performed for the purposes of subdividing and platting said real estate henceforth to be known as Lot 1 and Lot 2 of Timber-Hyrst Place # 8, in the City of Dubuque, Dubuque County, Iowa. Total area of Lot 1 and Lot 2 of Timber-Hyrst Place # 8 is 109,079 square feet. Total area of Lot 1 is 99,107 square feet. Total area of Lot 2 is 9,972 square feet. All Lot areas are, more or less, and all Lots are subject to easements, reservations, restrictions, and rights-of-way of record and not of record, the plat of which is attached hereto and made part of this certificate. BY: 4 -262a/7 Russell N. Kieffer Date Licensed Land Surveyor License No. 18128 License Renewal Date: 12/31/2018 2 OWNER'S CONSENT Dubuque, Iowa '� , 2017 The foregoing Plat of Survey of: Lot 1 and Lot 2 of Timber-Hyrst Place # 8, in the City of Dubuque, Dubuque County, Iowa, is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate. NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: a .."-/x-e-0,- ill A. Reimer aJ Ofeffrey . Reimer On this ty,61 day of , A.D., 2017 before me, the undersigned, a Notary Public in and for said County, in said State, rsonally appeared JiII A. Reimer and Jeffrey J. Reimer, to me known to be the identical person(s) named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that they executed the same as their voluntary act and deed. * Commission JENNIFER GRIF E Num ber773874 ,;ter My Comm. Exp., 3 t1(Yl otary '' blic In an 4. PLANNING SERVICES // Dubuque, Iowa f'r(J{q'G5-3 , 2017 The foregoing Plat of Survey of: Lot 1 and Lot 2 of Timber-Hyrst Place # 8, in the City of Dubuque, Dubuque County, Iowa, or within the two-mile jurisdiction of the City of Dubuque, Iowa, as defined under Section 354 of the Code of Iowa, has been reviewed by the City Planner, (or designee) of the City of Dubuque in accordance with Chapter 42 of the City of Dubuque Code of Ordinances, and said approval has been endorsed herein on the date first written above. COUNTY AUDITOR stens Planning Services Manager Dubuque, Iowa_ _ " • .,a1Q'`Y76? fr ° w, The foregoing Plat of Survey of: Lot 1 and Lot 2 of Timber-Hyrst Place # 8f,: n ,e City,,.. of`:C3tgbuquae, Dubuque County, Iowa was entered of record in the office of the Dubuque ';',O.al.thty Auditor,., this •_,,(11,17,'' of N.1•1‘) S* , 2017. We approve the subdivision name or title to be re'6ar.,.ded. " IC .'0iJlll. •Deneise\M. D61 :49 que Qointy Auditgr CITY ASSESSOR Dubuque, Iowa F- , 2017 The foregoing Plat of Survey of: Lot 1 and Lot 2 of Timber-Hyrst Place # 8, in the City of Dubuque, Dubuque County, Iowa was entered of record in the office of the City Assessor of the City of Dubuque, Iowa, this of . ,2017. RECORDER'S CERTIFICATE Dubuque, Iowa Richard A. Englken Dubuque City Assessor — -! , 2017 The foregoing Plat of Survey of: Lot 1 and Lot 2 of Timber-Hyrst Place ,# 8, in the City of Dubuque, Dubuque County, Iowa, has been reviewed by the Dubuque County Recorder. a14InINUtil( kiuj John.Murphy „Recorder of Dubuque County, Iowa 4 OWNER'S CONSENT Dubuque, Iowa , 2017 The foregoing Plat of Survey of: Lot 1 and Lot 2 of Timber-Hyrst Place # 8, in the City of Dubuque, Dubuque County, Iowa, is made with the free consent and in accordance, with the desires of the undersigned owners and proprietors of said real estate. By: By: Roy D. Buol,-Mayor evin S. Firistahl, City Clerk State of Iowa ) ) ss: County of ) On this I S4C of day VC114 , A.D. 2017, before me, a Notary Public in and for the County of Dubuque and State of Iowa, personally appeared Roy D. Buol and Kevin S. Firnstahl, to me personally known who, being duly sworn did say that the said Roy D. Buol is Mayor and the said Kevin S. Firnstahl is City Clerk of the City of Dubuque, Iowa, and that the seal affixed to the above instrument is the corporate seal of the City of Dubuque, Iowa, and that said instrument was signed and sealed on behalf of the said City of Dubuque, Iowa, by authority of the City Council of said city and the said Roy D. Buol and Kevin S. Firnstahl acknowledge the execution of said instrument to be the voluntary act and deed of said City of Dubuque, Iowa, by it voluntarily execute CRENNA 0tWtWMWELL SAM ComtnISOI©n Mamba comm. x ., i I -' 5 No ail -Public in the State of Iowa�7 My Commission Expires ���� 1 t5 Prepared by Marie Ware, Leisure Services, 2200 Bunker Hill Rd.. Dubucue IA 52001. 563-589-4262 Return to Kevin Firnstahl, City Clerk, 50 W. 13th St., Dubuque, IA 52001, 563-589-4100 RESOLUTION NO. 137-17 APPROVING A PROPERTY EXCHANGE AGREEMENT WITH JEFF AND JILL REIMER FOR THE EXCHANGE OF CERTAIN REAL PROPERTY IN DUBUQUE COUNTY, IOWA LOCATED ALONG CREEK WOOD DRIVE WHEREAS, a property exchange agreement with Jeff and Jill Reimer is necessary to facilitate the exchange of tracts of land along Creek Wood Drive legally described as: Lot 1-2 Timber Hyrst Place #2 and Lot 2 Timber Hyrst Place No. 8 (the Properties); and WHEREAS, the property exchange is necessary to facilitate construction of Creek Wood Park in Timber Hyrst Subdivision; and WHEREAS, the City Council finds that it is in the best interests of the City of Dubuque to approve the Property Exchange Agreement for the Properties; and WHEREAS, Jeff and Jill Reimer have agreed to the conditions of the Agreement, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The Agreement is hereby approved. 2. The Mayor is hereby authorized and directed to execute such Agreement on behalf of the City of Dubuque, Iowa. 3. The City Council grants the authority to the City Manager or the City Manager's designee to facilitate the property exchange. Passed, approved and adopted this 1 7th day of April, 17. Attest: 2 Kevir/F. Firnstahl,` City �lerk Roy D. Buq Mayor 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. 137-17 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 1st day of November, 2017. 2 Ke in S. Firnsfahl, CMC, City Clerk Dubuque County Iowa John Murphy Recorder 720 Central Ave, Dubuque, IA 52001 Phone Number: (563)589-4434 Official Receipt: 2017-00008995 Reprinted an 11/09/2017 at 09;25:07 AM By: 63 on DCRCO2 DUBUQUE CITY ENGINEER CITY HALL 13TH AND CENTRAL AVENUE DUBUQUE IA 52001 Date Recorded: 11/07/2017 Instrument ID_ Recorded Time Amount 2017-00013863 04:09:54 PM $42,00 PLA - AFFIDAVIT REGARDING PLAT KIEFFER, RUSSELL N TO:TIMBER HYRST PLACE #8 Accounts Amount RECORD MANAGEMENT $1.00 TECH FEE $1,00 REAL ESTATE $40.00 NON -CONFORMING FEE $0,00 Amount Charged; Change Tendered: HAVE A NICE DAY! WWW.DUBUQUECOUNTY,ORG 11 maim 1111 0111 11 III 11 Doc ID 008734120007 Type. GEN Kind DEED WITH RESOLUTION Recorded: 11/09/2017 at 03:28:12 PM Fee Amt: $42.00 Page 1 of 7 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder I I F11e2017_00013986 QUIT CLAIM DEED Return to: Brad Heying, 2100 Asbury Road, Suite 2, Dubuque, IA 52001 Preparer: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque, IA 52001, (563) 589-4381 Taxpayer: Jeffrey & Jill Reimer For the consideration of consideration, the City of Dubuque, Iowa €1 OV R5f5wrzy , 1,1113M3? T1of 5m1 One Dollar(s) and other valuable do hereby Quit Claim to Jeffrey Reimer and Jill Reimer as joint tenants with full as tenants in common estate, claim and demand in the following described real estate in Lot 1 Timber-Hyrst Place #8, in the City of Dubuque, Iowa This deed is exempt according to Iowa Code 428A.2(6). rights of survivorship and not all our right, title, interest, Dubuque County, Iowa: 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. ated:iuC-yi1 gC- ' 1 ,076)47 9 City of Ibuque, Iowa ` (Grantor) v;tav, 9M01 (Grantor) (Grantor) STATE OF IOWA , COUNTY OF DUBUQUE This record.vvas acknowledged before me on NIO►. )) , by (Grantor) (Grantor) (Grantor) Roy n •&A e9 Signature 6TNotary Public © The Iowa State Bar Association 2017 Form No. 106, Quit Claim Deed IowaDocsOO Revised /Maay/2016 1..n/ "-r` Prepared bv Marie Ware, Leisure Services. 2200 Bunker Hill Rd.. Dubucue IA 52001, 563-589-4262 Return to Kevin Firnstahl, City Clerk, 50 W. 13h St., Dubuque, IA 52001, 563-589-4100 RESOLUTION NO. 137-17 APPROVING A PROPERTY EXCHANGE AGREEMENT WITH JEFF AND JILL REIMER FOR THE EXCHANGE OF CERTAIN REAL PROPERTY IN DUBUQUE COUNTY, IOWA LOCATED ALONG CREEK WOOD DRIVE WHEREAS, a property exchange agreement with Jeff and Jill Reimer is necessary to facilitate the exchange of tracts of land along Creek Wood Drive legally described as: Lot 1-2 Timber Hyrst Place #2 and Lot 2 Timber Hyrst Place No. 8 (the Properties); and WHEREAS, the property exchange is necessary to facilitate construction of Creek Wood Park in Timber Hyrst Subdivision; and WHEREAS, the City Council finds that it is in the best interests of the City of Dubuque to approve the Property Exchange Agreement for the Properties; and WHEREAS, Jeff and Jill Reimer have agreed to the conditions of the Agreement, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The Agreement is hereby approved. 2. The Mayor is hereby authorized and directed to execute such Agreement on behalf of the City of Dubuque, Iowa. 3. The City Council grants the authority to the City Manager or the City Manager's designee to facilitate the property exchange. Attest: Passed, approved and adopted this 17th day of April, 117. KeviniF. Firn Ci Roy D. B , ayor 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. 137-17 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 9th day of November, 2017. Ke 'n S.t-irnstahi, aMC,rity Clerk PROPERTY EXCHANGE AGREEMENT The parties to the Agreement are the City of Dubuque (hereafter referred to as the "City") and Jill and Jeff Reimer (hereafter referred to as the "Reimers"). WHEREAS, City owns a tract of land along Creek Wood Drive within the city of Dubuque identified as Lot 1-2 Timber Hyrst Place #2 as shown on Exhibit A; and WHEREAS, Reimers own a tract of land along Creek Wood Drive within the city of Dubuque identified as Lot 2 Timber Hyrst Place No. 8 as shown on Exhibit B; and WHEREAS, the parties wish to exchange tracts of land ("Tracts"); and WHEREAS, the parties desire to enter into this agreement to define their obligations relating to the transfer of these Tracts. ARTICLE I. PRESENT OWNERSHIP 1.1 Ownership of Lot 1-2 Timber-Hyrst Place #2 is held by the City. 1.2 Ownership of Lot 2 Timber-Hyrst Place No. 8 is held by the Reimers. ARTICLE II. EXCHANGE AGREEMENT For good and valuable consideration, the parties agree to the following terms and conditions: 2.1 Transfer of Real Estate. At closing, the following conveyances shall be made: a) City, via -Special -W- ar-r-anty-Deed,, will -transfer -ownership -o-f-Lot 1-2—T-imbe Hyrst Place #2 to Reimers. b) Reimers, via Special Warranty Deed, will transfer ownership of Lot 2 Timber-Hyrst Place No. o. 8 to City. 2.2 Closing. Closing shall occur no more than thirty (30) days after City of Dubuque City Council approval of this transaction. ARTICLE III. TERMS APPLICABLE TO ALL DIVISIONS 3.1 Abstracting and Legal Description. The parties agree that abstracts shall be updated and delivered to the attorneys thirty (30) days prior to closing to ensure merchantable title will be conveyed to each respective party. The costs of updating abstracts shall be covered by the City. 3.2 Platting. The City will complete any and all surveying, platting, and recording costs necessary for completion of this transaction. The Survey and Plat shall be in a form acceptable to the City and to the Reimers. 3.3 Tax Pro -Rate. Each party will be responsible for pro -rated real estate taxes through the date of closing. 3.4 "As -Is" Condition of Real Estate,. The parties agree that they have made all inspections of the real estate which is the subject of this Agreement and accept said real estate in its "as -is" condition with no exceptions other than merchantability of title. 3.5 Documents Reauired for Closing. The consideration for the Deeds described in Section 2.1 shall contain a recitation in the body of each Deed that the consideration is less than $500.00. Accordingly, no Ground Water Hazard Form or Declaration of Value Form will be required to be delivered to the other party at closing. Reimers' obligations hereunder are subject to the consent of Reimerslender/mortgagee. 3.6 Possession. Each party shall have possession of the Tracts deeded to it at the time of closing. 3.7 Insurance. The real estate which is subject to this Agreement is unimproved. Each party shall keep in force the insurance it has on these Tracts, if any, until closing. Each party may purchase insurance to cover their interests in this real estate prior to closing if they so choose. 3.8 Remedies of the Parties. If any of the parties fails to timely perform their obligations under this Agreement, the other party or parties shall be allowed to utilize all remedies or actions of law or equity available to them. If any litigation relating to this Agreement, it shall be brought in the Iowa District Court for Dubuque County, and the successful party shall be entitled to recover court costs and reasonable attorney's fees from the unsuccessful party. 3.9 Binding on Heirs. This Agreement shall bind and benefit the heirs, devisees, legal representatives, successors, and assignees of the parties hereto. Signed this day of irY72.4r.-/7 , 2017. CITY OF DUBIUQUE, IOWA By: Mayor Roy Attest: Buol Kevin /619 . Firnsiahl,tity Clerk JILL & JEFF REIMER By: Jill R By: Jeff Reim THECITY OF Dus Masterpiece on the Mississippi Exhibit A 1791,;x'' DAGIS 01.11....r.4:0E .f.IC arrcnartio. )y„m LOT 29 TIMBER- HYRST EST. .; IREIML LOT 12 TIMBER- HYRST EST. CITY OF DUBUQUE LOT 2-2 TIMBER- HYRST PLACE #2 CITY OF DUBUQUE LOT 1-2 TIMBER- HYRST PLACE #2 CITY OF DUBUQUE LOT 30 TIMBER- HYRST EST. REIMER DuIDuqu STEP 1: CITY PLATS SIMPLE DIVISION CREATING TWO LOTS ON EXISTING PARK PROPERTY STEP 2: CITY CONVEYS LOT 1-2 OF TIMBER HYRST PLACE NO. 2 TO REIMERS )ISCLAIMER: This Information was compiled using the Dubuque Area Geographic Information System (DAGIS), which Includes data created by both the City of Dubuque and Dubuque County. It Is understood that, while the City of Dubuque and participating agencies utilized the most current and accurate Information available, DAGIS and 9Jppliers do not warrant the accuracy or currency of the Information or data contained herein. The City and participating agencies shall not be held Mable for any direct, Indtect, Incidental, consequential, punitive, or spedai damages, whether foreseeable or unforeseeable, arising out of the authorized or unauthorized use of this data or the Inability to use this data cr out of any breach of warranty whatsoever. 1 inch = 100 feet 100 50 0 100 Feet Map Prepared by: City of Dubuque Engineering Division 50 West 13th Street Dubuque, Iowa 52001 Phone: (563) 589-4270 Fax: (563) 589-4205 THE CITY OF DUB Masterpiece on the Mississippi Exhibit B DAGIS V 41...111 AREA 4:04MMIC IMICEMAl14M PIM LOT 12 TIMBER- HYRST EST. CITY OF DUBUQUE L8T 2-2 TIMBER- HYRST PLACE #2 CITY OF DUBUQUE .ISCLAIMER: This information was compiled using the Dubuque Area Geographic Information System (DAGIS), which includes data created by both the City of Dubuque and Dubuque County. It is understood that, while the City of Dubuque and participating agencies utilized the most current and accurate Information available, DAGIS and It's suppliers do not warrant the accuacy or currency of the information a data contained herein The City and participating agencies shall not be held liable for any direct, Indnect, Incidental, consequential, punitive, or special damages, whether foreseeable or unforeseeable, arising out of the authorized or rnauhorized u� of this data or the Inability to use this data or out of any breach of warranty whatsneyer. 1 inch = 100 feet 100 50 0 100 Feet STEP 3: REIMERS PLAT SIMPLE DIVISION CREATING TWO LOTS ON EXISTING PROPERTY STEP 4: REIMERS CONVEY LOT 2 OF TIMBER HYRST PLACE NO. 8 TO CITY Map Prepared by: City of Dubuque Engineering Division 50 West 13th Street Dubuque, Iowa 52001 Phone: (563) 589-4270 Fax: (563) 589-4205