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Intent to Dispose of City Property/ Exchange Agreement_Creek Wood Park_Reimer_Hearing Copyrighted July 5, 2017 City of Dubuque Public Hearings # 1. ITEM TITLE: Intent to Dispose of City Property/ Exchange Agreement- Creek Wood Park SUMMARY: Proof of publication on notice of public hearing to approve the disposal of an interest in City of Dubuque real estate located along Creek Wood Drive pursuant to a Property Exchange Agreement between the City of Dubuque and Jeff and Jill Reimer and the City Manager recommending approval. RESOLUTION Disposing of an interest in real property by Deed to Jeff and Jill Reimer SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Disposal of City Property at and next to Creek Wood City Manager Memo Park-MVM Memo Staff Memo Staff Memo Resolution Resolutions Recorded Plat and Supporting Documents Supporting Documentation Proof of Publication - Jeff and Jill Reimers Supporting Documentation THE CITY OF Dubuque fta B E I 11p y Masterpiece 012 the Mississippi 2007.2012«2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Disposal of City Property At and Next to Creek Wood Park DATE: June 12, 2017 The land for Creek Wood Park was donated for the purpose of developing a park. The existing overhead utility lines over the property created an issue for placement of a playground under them. Developer Marty McNamer is willing to donate an additional lot next to the current Creek Wood Park location. Between the current park lot and the proposed additional lot there is a lot approximately 50' in width to access the property to the south 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. City Engineer Gus Psihoyos recommends the City Council approval of a resolution for disposal of City property at and next to Creek Wood Park. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF Dubuque DUB E 11111hWca 1 � I_ Masterpiece ori the Mississippi 2007.2012.2013 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer ` SUBJECT: Disposal of City Property At and Next to Creek Wood Park DATE: June 22, 2017 INTRODUCTION The purpose of this memorandum is to request City Council approval of a resolution for the disposal of City property at and next to Creek Wood Park. BACKGROUND The land for Creek Wood Park was donated for the purpose of developing a park. The existing overhead utility lines over the property created an issue for placement of a playground under them. Developer Marty McNamer is willing to donate an additional lot next to the current Creek Wood Park location. Between the current park lot and the proposed additional lot there is a lot approximately 50' in width to access 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 property 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. DISCUSSION In accordance with the Property Exchange Agreement, the existing park property needed to be divided via a simple division plat. The platting of the park area has been coordinated with Jeff and Jill Reimer. The City of Dubuque Engineering Department has prepared the attached simple division plat. Lot 1-2 of Timber-Hyrst Place # 2 is to be conveyed to Jeff and Jill Reimer as the first step in the Property Exchange Agreement. RECOMMENDATION I am recommending that the property described as Lot 1-2 of Timber-Hyrst Place # 2 as shown on the attached map, in the City of Dubuque, Iowa be conveyed to Jeff and Jill Reimer via Special Warranty Deed. ACTION TO BE TAKEN I respectfully request approval of the disposal of Lot 1-2 of Timber-Hyrst Place # 2 by deed to Jeff and Jill Reimer through adoption of the enclosed resolution. Prepared by Nate Kieffer, PLS 2 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 249-17 DISPOSING OF AN INTEREST IN REAL PROPERTY BY DEED TO JEFF AND JILL REIMER WHEREAS, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property):. Lot 2 of Timber-Hyrst Place # 2 in the City of Dubuque, Iowa; and WHEREAS, City and Jeff and Jill Reimer (Reimers) have entered into a Property Exchange Agreement (the Agreement), to facilitate construction of Creek Wood Park in Timber Hyrst Subdivision; and WHEREAS, the City Council has approved said Property Exchange Agreement by Resolution No. 137-17 and the Mayor has executed said agreement on behalf of the City; and WHEREAS, on July 5, 2017, the City Council pursuant to notice published as required by law held a public hearing on its intent to dispose of the foregoing interest in the Property and overruled all objections thereto; and WHEREAS, the City Council finds that it is in the best interest of the City to approve the disposition of the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor is hereby authorized and directed to execute a Special Warranty Deed disposing of all of the City's right, title and interest in the Property to Jeff and Jill Reimer. Section 2. The City Manager and the City Attorney are authorized to take such further action as is necessary to finalize the sale of the Property. Passed, approved and adopted this 5th day of uly, 2017. Roy D. B45,Mayor Attest: Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563)589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563)589-4270 RESOLUTION NO. 214-17 RESOLUTION APPROVING PLAT OF SURVEY OF LOT 1-2 AND 2-2 OF TIMBER- HYRST PLACE # 2 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 25th day of May, 2017, prepared by The City of Dubuque, re- platting Lot 2 of Timber-Hyrst Place # 2, to be hereinafter known as Lot 1-2 and 2-2 of Timber-Hyrst Place # 2 in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated the 25th day of May, 2017, prepared by The City of Dubuque relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 19th day of June, 2017. ,d"o , /j oy D. Buol, Mayor Attest: �' ,,, Kevin S. Firnstahl, CMC 6 y Clerk INDEX LEGEND: Reserved for Recorder LOCATION: LOPLACE#2 CITY OF DUBUQUE, IOWA NTHEIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIII REQUESTOR:CITY OF DUBUQUE Doc ID: 008659880006 Type: GEN Kind: SURVEY PLAT PROPRIETOR:CITY OF DUBUQUE Recorded: 06/23/2017 at 12:20:33 PM SURVEYOR: RUSSELL N. KIEFFER Fee Amt: $32.00 Page 1 of 6 ( Dubuque County Iowa j SURVEYOR COMPANY:CITY OF DUBUQUE John Murphy Recorder RETURN TO: RUSSELL N. KIEFFER File2017_00007587 CITY OF DUBUQUE 50 WEST 13TH ST., DUBUQUE, IOWA 52001 i Prepared By: City of Dubuque Address: 50 West 13th St., Dubuque, IA 52001 Ph:563-589-4270 PLAT OF SURVEY LOT 1 -2 AND LOT 2-2 OF TIMBER-HYRST PLACE # 2 NORTH ,,,,, IN THE CITY OF DUBUQUE, IA ( COMPRISED OF: LOT 2 TIMBER-HYRST PLACE#20 25 50 100 ? IN THE CITY OF DUBUQUE, IOWA / /�� SCALE 1"=50' FEET 1 LOT 50 ' � TIMBER-HYRST , LOT 49 ESTATES#2 PER a TIMBER-HYRST INST.NO. Q• Fou"osre REBAR i i ESTATES#2 PER 2008-00006368 �. /W/RED CAP N2831' INST.NO. / LOT 12 2008-00006368 CHORD: `FJ TIMBER-HYRST N63° 12'53"E 153.31' T �� i ESTATES PER ARC: O� 6-0INST.NO. L=153.86'R=525.00' FOUND 51W REBAR 2000007184 W/REDCAP-12631" j DELTA 16°47'29" j 1 CHORD: — S74°20'24"W 50.00' E ARC: L=50.02'R=525.00' __——— 10'WIDE PUBLIC _ DELTA 5°27'32" ___—— UTILITY EASEMENT C.L. 100'WIDE i PER INST.NO. TRANSMISSION 2006-00007184 LI 61 AS M N01°58'35"W 5.31' � — r'' LINE EPISASEMENT # j FOUND 5/8'REBAR j Wl YELLOW CAP 1016' — j19 ` 22 FOUND 518'REBAR W/RED CAP'12631' LOT 1 _ TIMBER-HYRST LOT 2 _ —— ! RAR PLACE#2 PER TIM LOT _—_ w//uRED CAP 12631* INST.NO. PLACE#2 PER j 2009-00008128 — N�sT _— _ INST.NO. \ 2009-00006126 LOT 2-2CAP _ — a FOUND 5/e'REBAR 33,485 SF "° LOT 1-2 s 10,104 SFw� 19a16s 05 06 NOTE: N6°"zyo°� ! THIS SURVEY IS LOCATED IN THE NE 1/4 SECTION 2,T88N,R2E (TABLE MOUND TOWNSHIP)OF 1 FOUND 5/8'REBAR 51 , THE 5TH P.M.,IN THE CITY OF W/RED CAP'12631- Iq� DUBUQUE,DUBUQUE COUNTY, IOWA LOT 2,S 1/2,NW FRAC. SEC.2, LOT 30 TIMBER-HYRST 3 T88N,R2E ESTATES PER INST.NO. 2006-00007184 FOUND 5/8'REBAR g W/RED CAP-12631- dj, 1 FOUND 5/8-RE8AR LEGEND { W/YELLOW GAP 1016' F SET 5/8"REBAR WITH YELLOW FOUND CAP-12631 O PLASTIC CAP#18128 W/RED CAP'12631' NOTES: LOT E • FD. IRON ROD/PIPE AS SHOWN } TIMBER-HYRST ® SET CUT X 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. ESTATES PER R.O.W. RIGHT OF WAY 2. PROPRIETOR: CITY OF DUBUQUE,50 WEST 13TH ST.DUBUQUE IOWA INST.NO. (100.00') RECORDED DIMENSION 3. SURVEY REQUESTED BY:CITY OF DUBUQUE 2006-00007184 P.O.B. POINT OF BEGINNING j 4. TOTAL AREA OF PERIMETER SURVEYED IS 43,589 S.F. 5. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. P.O.C. POINT OF COMMENCEMENT 6. DATE OF SURVEY:05-25-2017 --- RIGHT OF WAY LINE(EXISTING) ADJACENT PROPERTY LINE LINE BREAK ' I 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 `O ,+�+••;�s Surveyor under the laws of the State of Iowa. .• Dubuque CITY OF DUBUQUE For the City of Dubuque ENGINEERING DEPARTMENT 0� RUSSELL N. .� CITY HALL, 50 WEST 13th STREET rJEFFER '0 A114mericaC14 DUBUQUE, IA 52001-4864 PHONE 563 589-4270 FAX 1111 f p ( ) (563)589-4205 P i 1812V i ` ; �9� , r Drawn By: RNK Approved By: RNK Date: 05-26.2017 �7M OS�Z6 GvI PLAT OF SURVEY LOT 1-2 AND LOT 2-2 OF 1 ����t`•"•••A'"��� Russell N.Kieffer Iowa Lic.No.18128 Date TIMBER-HYRST PLACE#2 ,OW A My license renewal date is December 31,2018 DWG location: FSNKielferlCAD DrawingslTimber Hyrst ParkAmber hyrst park reimer swap PLAT 1 i ���� U52a2017.d Pages or sheets covered by this seal: THIS PAGE ONLY C.I.P.Number. N/A Sheet Number: 1 of 4 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 2 of Timber-Hyrst Place #2, 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 1-2 and Lot 2-2 of Timber-Hyrst Place # 2, in the City of Dubuque, Dubuque County, Iowa. Total area of Lot 1-2 and Lot 2-2 of Timber-Hyrst Place # 2 is 43,589 square feet. Total area of Lot 1-2 is 10,104 square feet. Total area of Lot 2-2 is 33,485 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: ^ice o'6--Z 6 Z-O/ Russell N. Kieffer Date Licensed Land Surveyor License No. 18128 License Renewal Date: 12/31/2018 • L of RUSSELL N. OC: KIEFFER 0 `; 18128 IOWA 2 • OWNER'S CONSENT Dubuque, Iowa / ' 2017 The foregoing Plat of Survey of: Lot 1-2 and Lot 2-2 of Timber-Hyrst Place # 2, in the City of Dubuque, Dubuque County, Iowa, is made with the free consent and in accor ance with the desires of the undersigned owners and proprietors of said real estate. B : Y L11,7 Roy D. Buol, Mayor Ap By: C vin S. irnsta I, City Clerk State of Iowa ) ss: County of ) On this of day SS"rte. , 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 executed. TRISH L.GLEASON -"'' T&T Notary Public in the State of Iowa Commission Number 719986 NW My Commission Expires .� My Commission Expires /� 13•) CITY COUNCIL Dubuque, Iowa ' 2017 The undersigned, Mayor and Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing Plat of Survey: Lot 1-2 and Lot 2-2 of Timber-Hyrst Place # 2, in the City of Dubuque, Dubuque County, Iowa, has been filed in the office of the Clerk of the City of Dubuque, and that by Resolution No IN•-Il , the Dubuque City Council approved said plat. k1 Roy D. Buol MJF r o City of Dubuque A Kevin S. Firnstahl Clerk of the City of Dubuque 3 PLANNING SERVICES Q Dubuque, Iowa l 1 , 2017 The foregoing Plat of Survey of: Lot 1-2 and Lot 2-2 of Timber-Hyrst Place # 2, 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 bee endorsed herein on the date first written above. Laura Carstens Planning Services Manager COUNTY AUDITOR 2 Dubuque,J%wa. . 3 ' 2017 The fore 'ing Plat of S544 f"` koi�1-2 and Lot 2-2 of Timber-Hyrst Place # 2, in the City of Dubuque, Dubuqua County Iowan w . iterc� of record in the office of the Dubuque County Auditor this of Sir_" ,%2017, Wc�rve the subdivision name or title to be recorded. DeniA M. Yolan Dubuque County Auditor CITY ASSESSOR Dubuque, Iowa ''-'' J 3 , 2017 The foregoing Plat of Survey of: Lot 1-2 and Lot 2-2 of Timber-Hyrst Place # 2, in the City of Dubuque, Dulauque County, Iowa was entered of record in the office of the City Assessor of the City of Dubuque, Iowa, this Z�Lof J u ti.t , 2017. _ Richard A. Engelken Dubuque City Assessor RECORDER'S CERTIFICATE Dubuque, Iowa , 2017 The foregoing Plat of Survey of: Lot 1-2 and Lot 2-2 of Timber-Hyrst Place # 2, in the City of Dubuque, Dubuque County, Iowa, has been reviewed by the Dubuque County Recorder. r Ain Murphy Recorder of Dubuque County, Iowa '. 2l,i T,� w 4 x"x. Prepared by Nate Kieffer City of Dubuque 50 W 13th Street Dubuque IA 52001 (563)589-4270 Return to: Nate Kieffer, City of Dubuque,50 W.13th Street,Dubuque,IA 52001 (563)589-4270 RESOLUTION NO. 214-17 RESOLUTION APPROVING PLAT OF SURVEY OF LOT 1-2 AND 2-2 OF TIMBER- HYRST PLACE # 2 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 25th day of May, 2017, prepared by The City of Dubuque, re- platting Lot 2 of Timber-Hyrst Place # 2, to be hereinafter known as Lot 1-2 and 2-2 of Timber-Hyrst Place #2 in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated the 25th day of May, 2017, prepared by The City of Dubuque relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 19th day of June, 2017. oy D. Buol, Mayor Attest: Z' Kevin(8. Firnstahl, WC y 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. 214-17 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 20th day of June, 2017. r: fi .ti9"` f KevirY8. Firnstahl, CM , City Clerk a TTT y)'f 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: June 23, 2017, and for which the charge is $71.00. Subscribed to before me Notary Public in and for Dubuque County, Iowa, this 444 day of �,� , 2017 l otary Public in and for Dubuque County, Iowa. 1 MARY KWESTERMEYER Commission Number 154885 o My commission Exp.Feb.1,202D u I u F i CITY OF DUBUQUE, tends.to dispose of its IOWA Dated this 23rd day of interest in Lot 1-2 of PUBLIC NOTICE June,2017. Timber Hyrst Place#2­ NOTICE 1 NOTICE OF A PUBLICKevin S.Firnstahl in the City of Dubuque, i HEARING; OF, THE City Clerk of Dubuque, - Iowa-by deed to Jeff CITY COUNCIL OF Iowa and Jill Reimer pur- THE CITY OF DUBU- RESOLUTION suant to the executed QUE, IOWA, ON THE i NO.219-17 Property Exchange INTENT TO DISPOSE INTENT TO DISPOSE Agreement attached OF AN INTEREST IN OF AN INTEREST IN hereto. CITY OF DUBUQUE I CITY' OF DUBUQUE. " Section'2. The City REAL ESTATE PUR- REAL ESTATE LO-', Clerk is hereby author- SUANT TO A PRO- CATED ALONG CREEKized ;and:directed to 'PERTY EXCHANGE I WOOD DRIVE PUR- cause'a notice to be AGREEMENT BE- SUANT TO A PRO- published 'as pre- TWEEN THE CITY OF PERTY EXCHANGE-' scribed by Iowa Code DUBUQUE AND JEFF AGREEMENT BE- Section. 364.7 of a AND JILL REIMER TWEEN THE'CITY OF public:hearing on the PUBLIC NOTICE is DUBUQUE AND JEFF bty's.intent to dispose hereby given that the! AND JILL ` REIMER I of the. foregoing-des- City Council of the City i AND FIXING THE! ' cribed Property,to be of Dubuque, Iowa, will DATE FOR.„A PUBLIC held on the,5th day of hold'a public hearing HEARING AND PRO- July,2017,at 6:00 p.m. on the 5th day of July, VIDING FOR THE PUB- in the City Council 2017,at 6:00 p.m.in the LICATION OF NOTICE',, Chambers at the His- City Council Chambers THEREOF toric Federal Building, at the Historic Federal . Whereas,the City of-I, 350 W. 6th Street, ;Building,350,W.6th st., Dubuque,Iowa(City)is Dubuque,Iowa. bu Duque, Iowa, 'at the owner of the Section 3. The. City which meeting,the City following real property Clerk is hereby Council `pr0poses 'to (the Property); directed to cause at take action on the Lot 2 of Timber-Hyrst., .least one publication to intent todispose of an Place#2 in the City of be made of a notice of -interest' in City of I Dubuque,Iowa;andr said :meeting, in a Dubuque real estate, Whereas,City and Jeff newspaper, printed described as and Jill Reimer (Rei,-d wholly in the English Lot 1-2 of Timber mers) have entered language, published at Hyrst Place#2 in the into: a Property. .Ex- least once weekly and City of Dubuque,Ibwa 'change'” ',11 eirient having, general circu- ;p Property ( 9 i ursuant'to a Pro ert � the Agreement), to I lation in said City said Exchange Agreement facilitate construction' (the Agreement) be- of Creek Wood Park in it publication to be not tween the City- of 1 Timber Hyrst Subdivi- less than four days nor Dubuque and Jeff and I sion;and more than twenty days Jill Reimer:, Whereas, the City' before the date of said The property ex- Council has approved,, meeting on the dis- change is being done said Property Ex posal of the City's inter- I. to facilitate construc- change'Agreement by est in the Property. tion of Creek Wood I Resolution No. 137-17 I Section•4. That the Park in Timber Hyrst and the Mayor has notice of the proposed Subdivision executed said agree action shall be in At the meeting,,the ment on behalf of the substantially the'form City Council will. re-1 City;and attached hereto. ceive oral and written Whereas,the City of Passed,approved and objections from any i Dubuque Engineering adopted this 19th day resident -or`. property Department has pre- of June,2this owner of Bald City to pared and submitted to Roy D.Buol,Mayor the above action. After the City Council a plat Attest: all objections have showing the proposedI Kevin S.Firnstahl, been received and division of Lot 2 of CMC,City Clerk, considered; the City Timber-Hyrst Place # It 6/23 Council may at 'this-I 2, in the City of meeting or at any" Dubuque, Iowa and adjournment thereof,'' assigned lot numbers approve the sale of thea thereto, which herein above-described, pro- after shall be known I perty.. Written coin- and described as Lot1- ments regarding ahe'. 2 and Lot 2-2 of Timber above public hearings' Hyrst Place 2,in the may be submitted to.. City of Dubuque,Iowa.' the City Clerk's Office, Whereas;the Code of 50 W. 13 Street, on or Iowa requires that the before said time 'of City'Clerk publish a public hearing notice of the proposal g, Copies of supporting,, and of the time and 9 documents for the place of the meeting at public hearings are on which the City Council file in the City Clerk's proposes to take action Office and may be thereon and at which :.viewed during normal meeting the City ' working hours. Council 'shall receive Any visual or hearing oral and/or written impaired,,persons need- objections from any ing special assistance resident or, property or persons with special owner of said City to accessibility needs such proposed action. should contact the City NOW THEREFORE,BE Clerk's Office at (563) IT RESOLVED BY THE 589-4100 or,TDD/TTY CITY COUNCIL OF THE (563)690-6678 at least CITY OF DUBUQUE, 48hours prior to the IOWA: meeting. Section 1.That the City, of _Dubuque in- i 0 Prepared by Marie Ware, Leisure Services 2200 Bunker Hill Rd Dubuque 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. — Z 41"U 0, /,I e�/ Roy D. Bur, Mayor Attest: Kevin F. Firnstahl, City lerk 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 Tess 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. Signed this th day of 1'724V7, 2017. CITY OF DU =; QUE, IOWA By: Mayor Roy WBuol Attest: Kevin Firnstahl,` City Clerk JILL & JEFF REIMER By: _ Jill Reimer _-� /,!(1)921 / By: Jeff Reim r Masterpiece on the Mississippi Exhibit A • product of DAGIS, aLeuger oz..... lerCIMAT,aM,y„ta 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 >ISCIAIMER: 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 le understood that, while the City of Dubuque and participating agencies utilized the most current and accurate Information available, DAGIS and ifs suppliers do not warrant the accuracy or currency of the information of data Contained herein. The City and participating agencies shall not be held liable for any direct Indirect, incidental, consequential, on a qu tial, punitive, or special damages, whether foreseeable or ng out of the authorized or unauthorized use of this data or the Inability to use this data or out of any breach of warranty whatsoever. 100 1 inch = 100 feet 50 0 100 Feet 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 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 1h786•` DAGIS auaquueu 0r34EtAti SYSTEM LOT 2-2 TIMBER- HYRST PLACE #2 CITY OF DUBUQUE LOT 12 TIMBER- HYRST EST. CITY OF DUBUQUE LOT 2 TIMBER- HYRST PLACE NO. 8 LOT 29 TIMBER- HYRST EST. REIMER • 17,22 LOT 1 TIMBER- HYRST PLACE NO. 8 .ISCLAIMER: This Information was complied ming the Dubuque Area Geographic Information System DAGIS), which includes date seated by both the City of )ubuque 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 ICs suppliers do not warrant the accuracy or currency of the Information or data contained herein The City and partklpating agencico shall not be held liable for any direct indirect, Incidental, consequential, punitive, or special damages, whether foreseeable a unforcooable, arising out of the authorized or unauthorized ux of this data or dna Inability to use this data or out of any breach of warranty whatsoever 100 1 inch = 100 feet 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 les 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, 2Q17. 1,/ Roy D. Bu9J'Mayor Attest: Kevin F. Firnstahl, 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. 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 18th day of April, 2017. Kevi S. Firnstahl, GMC, City Clerk (SEAL) 11111111111111 IIIII IIIII I III IIIII I I I I IIII til 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 F11e2017-00011602 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 i day of , 2017 at Dubuque, Iowa. CITY OF DUBUQUE IOWA By:/f /e. Roy prBuol, Mayor Attest: By: 1 %f Ke in S. Firnstahl, City Clerk STATE OF IOWA SS COUNTY OF DUBUQUE On this I% day of , 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. Qom-' Notary Public in and for Dubuque County, Iowa ra!SH L. GLEASON 1 1 4'2` •;; WARRANTY DEED 111111111111111111 11111111111111111 1111111111 1111111 11111111111 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 Fi1e2017-00011601 •7 fN Return to: City of Dubuque, 50 West lath Street, Dubuque, IA 52001 •r[--- ' , • Preparer: Brad J. Hexing, 2100 Asbury Road, Suite 2. Dubuque.LA 52001. Phone: (563) 5$2-7 .8U `'`•., Taxpayer: City of Dubuque, 50 West 13th Street, Dubuuue, IA 52001 For the consideration of Ten ($10.00) Dollar(s) and other valuable consideration, Jeffrey J. Reimer Lind Jill A. Reimer, husband and wife, _ do hereby Convey to City of Dubuque, Iowa Dubuque County, Iowa: Lot 2 of Timber-Hyrst Place No. 8 in the City of Dubuque, Iowa This dccd is exempt according to Iowa Code 428A.2(21). the following described -real estate in LORI KAYE w..C,NER Commission 773335 My Comm. Exp. JUN 8, 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 Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated on I `_ _d . effrey J. Reime (Grantor) a L Jill A.:einer ( raptor) ATE OF IOWA , COUNTY OF DUF3UQUE ___ This record was acknowledged before me on q —j 7 , by Jeffrey J. Reimer and Jill A. Reiner, husband and wife, 0 The Iowa State Bur Assucialiun 2017 lura Dues rte- Signature of Nary Public Form Nu. 101, \\'arrant, Deed Revised January 21116 1 hills/ /heli iii Ilii/ /ilii isiiihili /III/ hili hili I/II/ /ilii Ilii/ ilii/ siii ilii Doc ID: 008771240001 Type: GEN Kind: QUIT CLAIM DEED Recorded: 01/24/2018 at 02:56:56 PM Fee Amt: $12.00 Page 1 of 1 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder File 2018_00000950 sr^r QUIT CLAIM DEED Return to: Tessa Fahey, 1722 Creek Wood Drive, Dubuque, IA 52001 Preparer: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque, IA 52001, (563) 589-4381 Taxpayer: Tessa Fahey, 1722 Creek Wood Drive, Dubuque, IA 52001 For the consideration of One Dollar(s) and other valuable consideration, Jeffrey and Jill Reimer do hereby Quit Claim to Tessa Fahey all our right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa: Lot 1 Timber-Hyrst Place #8 This deed is exempt according to Iowa Code 428A.2(21). 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. Dated: O /'" 1 aVi e njey1 (Grantor) Jill e mer 1 (Grantor) (Grantor) (Grantor) (Grantor) (Grantor) STATE OF IOWA , COUNTY OF DUBUQUE This record was acknowledged before me on 1 — 1 7.-1g AVM ,c4t arAf iowp © The Iowa State Bar Association 2017 IowaDocs® LISA J. WESTLAND Commission Number 805579 MY C M ON EXPIRES 1 Signature Notary Public g° 10 Ctti (it 6c_ Form No. 106, Quit Claim Deed Revised May 2016 11101 uio 11 11 II Doc ID: 008771250001 Type GEN Kind: QUIT CLAIM DEED Recorded: 01/24/2018 at 02:57:21 PM Fee Amt: $12.00 Page 1 of 1 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder Fi1e2018-0000095 1 QUIT CLAIM DEED Return to: City of Dubuque, Iowa, 50 West 13th Street, Dubuque, IA 52001 Preparer: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque, IA 52001, (563) 589-4381 Taxpayer: City of Dubuque, Iowa, 50 West 13th Street, Dubuque, IA 52001 For the consideration of One Dollar(s) and other valuable consideration, Jeffrey and Jill Reimer do hereby Quit Claim to City of Dubuque, Iowa all our right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa: Lot 2 Timber-Hyrst Place #8 This deed is exempt according to Iowa Code 428A.2(21), 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. Dated: //57 (Grantor) Jill Tiler / v � (Grantor) (Grantor) (Grantor) (Grantor) (Grantor) STATE OF IOWA , COUNTY OF DUBUQUE �/%,� This record was acknowledged before me on 1-1'7-18 , by CC's U �' -�, -e—", AIXtill 4 LISA J. WESTIAND 4 _ Commission Number 805579 *.* MY �,OMMISSION EXPIRES a_ci 4,„,!( 28-76 Signatukfr of Notary Public © The Iowa State Bar Association 2017 IowaDocs© op \o° Form No. 106, Quit Claim Deed Revised May 2016 G4,1 Chi IL