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Creek Wood Park - Acceptance of Deed for Park Lot 12 in Timber-Hyrst EstatesCopyrighted October 16, 2017 City of Dubuque Consent Items # 12. ITEM TITLE: Creek Wood Park - Acceptance of Deed for Park Lot 12 in Timber-Hyrst Estates SUMMARY: City Manager recommending acceptance of property from North Cascade Road Developers, LLC for Creek Wood Park. RESOLUTION Accepting the Deed to certain real estate in Dubuque County, Iowa from North Cascade Road Developers, LLC SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Acceptance of Deed for Park Lot in Timber-Hyrst Staff Memo Estates -MVM Memo Staff Memo Staff Memo Resolution Resolutions Warranty Deed S upporting Documentation Map of Park Lot Supporting Documentation THE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of Deed for Park Lot in Timber-Hyrst Estates DATE: October 9, 2017 Dubuque bell All -America City '1Il1' 2007 • 2012 • 2013 • 2017 City Engineer Gus Psihoyos is recommending City Council acceptance of property from North Cascade Road Developers, LLC for Creek Wood Park. I concur with the recommendation and respectfully request Mayor and City Council approval. Prv�, Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Acceptance of Deed for Park Lot in Timber-Hyrst Estates DATE: September 28, 2017 INTRODUCTION Dubuque kiltrill All -America City 1 2007 • 2012 • 2013 The purpose of this memorandum is to request City Council approval of a resolution for the acceptance of property from North Cascade Road Developers, LLC for 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 (North Cascade Road Developers, LLC) is willing to donate an additional lot near the current Creek Wood Park location in order to create an area suitable for the construction of the playground equipment. Between the current park lot and the proposed additional lot there was a lot approximately 50' in width to access the property to the south. This access was owned by Jeff and Jill Reimer. The Reimers graciously agreed to a property exchange. This exchange resulted in the two City lots becoming connected as one continuous property versus having 50' of private property between the two park lots. Once the additional lot from North Cascade Road Developers, LLC is conveyed to the City, the park land will consist of Lot 12 of Timber-Hyrst Estates, Lot 2-2 of Timber-Hyrst Place No. 2, and Lot 2 of Timber-Hyrst Place No. 8, yielding a total park area of 1.87 acres. The attached Location Map shows the total park area. DISCUSSION North Cascade Road Developers, LLC has executed the attached deed conveying said real estate to the City of Dubuque. RECOMMENDATION I am recommending that the conveyance of Lot 12 of Timber-Hyrst Estates from North Cascade Road Developers, LLC by the attached deed be accepted in order to facilitate the construction of Creek Wood Park. ACTION TO BE TAKEN I respectfully request acceptance of the deed for Lot 12 of Timber-Hyrst Estates from North Cascade Road Developers, LLC through adoption of the enclosed resolution. Prepared by Nate Kieffer, PLS 2 THE CITY OF DUB Masterpiece on the Mississippi LOCATION MAP DAG IS • DUBUQUE AREA COGRANIC INFCaMATION 50' WIDE STRIPS EXCHANGED WITH REIMERS LOT 12 TIMBER- HYRST EST. LOT 2 TIMBER- HYRST PLACE NO. 8 LOT 2-2 TIMBER- HYRST PLACE #2 FINAL CREEK WOOD PARK BOUNDARY (1.87 ACRES) CREEK WOOD PARK: LOT 12 TIMBER-HYRST ESTATES LOT 2-2 TIMBER- HYRST PLACE NO. 2 LOT 2 TIMBER-HYRST PLACE NO. 8 Dubuque Dubuque ..ISCLAIMER: This information was compiled sing 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 Gty of Dubuque and participating agencies utilized the most current and accurate information available, DAGIS and suppliers do not warrant the accuracy or currency of the information or data contained herein The City and participating agences shall not be held liable for any direct, Indvect, Inodental, unnsmquential, pumhve, or special damages, whether foreseeable or foreseeable, arising 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 Map Prepared by: City of Dubuque Engineering Division 50 West 13th Street Dubuque, Iowa 52001 Phone: (563) 589-4270 Fax: (563) 589-4205 11 11 11 11 11 II 11 1111 11111111111111 11 Doc ID: 008725450004 Type GEN Kind: DEED WITH RESOLUTION Recorded: 10/24/2017 at 02:06:26 PM Fee Amt: $27.00 Page 1 of 4 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder Fi1e2017-00013232 WARRANTY DEED [CORPORATE/BUSINESS ENTITY GRANTOR] Recorder's Cover Sheet Preparer Information: [name, address and phone number] D. FLINT DRAKE, 300 MAIN STREET, SUITE 323, DUBUQUE, IA 52001, (563) 582-2000 Taxpayer Information: (name and complete address] CITY OF DUBUQUE, IOWA, CITY HALL, 50 W. 13T" STREET, DUBUQUE, IA 52001 Return Document To: [name and complete address) D. FLINT DRAKE, 300 MAIN STREET, SUITE 323, DUBUQUE, IA 52001 Grantors: NORTH CASCADE ROAD DEVELOPERS, LLC Grantees: CITY OF DUBUQUE, IOWA Legal Description: See Page 2 Document or instrument number of previously recorded documents: Gco no rn ‘\ c. Warranty Deed [Corporate/ Business Entity Grantor] For the consideration of Ten and No/100 ($10.00] Dollars and other valuable consideration, NORTH CASCADE ROAD DEVELOPERS, LLC, a limited liability company organized and existing under the laws of Iowa does hereby Convey to the CITY OF DUBUQUE, IOWA the following described real estate in Dubuque County, Iowa: Lot 12 of Timber-Hyrst Estates in the City of Dubuque, Iowa. This deed is exempt according to Iowa Code 428A.2[21J. The grantor hereby covenants with grantees, and successors in interest, that it holds the real estate by title in fee simple; that it has 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 it covenants to Warrant and Defend the real estate against the lawful claims of all persons, except as may be above stated. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, according to the context. Dated: ' s1 , 2017. NORTH CASCADE ROAD DEVELOPERS, LLC, a limited liability company By STATE OF IOWA, COUNTY OF DUBUQUE JUV This record was acknowledged before me on 3/i / , by MARTIN J. McNAMER as MANAGING MEMBER of NORTI-i CASCADE ROAD DEVELOPERS, LLC. MARTIN J. McNAMER, MANAGING MEMBER • DONNA MARIE BUSCH - Iowa Notarial Seal Commission No, 160678 My Commission Expires May 16, 2018 Signature of Notary Public Prepared by: Crenna M. Brumwell 300 Main Street, Suite 330 Dubuque IA 52001 563 589-4381 Return to: Crenna M. Brumwell 300 Main Street, Suite 330 Dubuque IA 52001 563 589-4381 RESOLUTION NO. 342-17 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM NORTH CASCADE ROAD DEVELOPERS, LLC WHEREAS, North Cascade Road Developers is the owner of certain real property in Dubuque County, Iowa, described as follows: Lot 12 of Timber-Hyrst Estates in the City of Dubuque, Iowa; and. WHEREAS, said real property is needed to construct a public park in the Timber- Hyrst Estates Subdivision; and WHEREAS, North Cascade Road Developers have executed a Deed conveying said real estate to the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque, Iowa, hereby accepts the Deed from North Cascade Road Developers, LLC, a copy of which Deed is attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Deed with the Dubuque County Recorder. Passed, approved and adopted this 16th day of S>?ptember, 2017. Roy D. Buol, Ij/Cayor Attest: Kevin St. Firnstahl, City Clerk r 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. 342-17 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 17th day of October, 2017. K_ in S. Firnstahl, CMC, City Clerk 100Zg SSN3QINII CD CP CD CD CZ CD < C0 Cfmc pmr0 C cn o C rn—I -0 m m c) H W Z H -I Cn N cn m 0 —I C7 CD m z m o --I 0 0 0 CO C 5 C W —I O L 0 Dm O C m O Cn ZZco 0 0 2ODO I < Z Dr 0,_1 C om X70 o. xim= oal 2 O0ii 0co DJ 147: 10 0 oo rn a _Q N 0) 0 ISOdO3N EA CD C) 21. C) C7ISI __ -o 0 n NNal D aik IV 0 CO"W D (0 I0) o v Dubuque County Iowa John Murphy Recorder 720 Central Ave. Dubuque, IA 52001 Phone Number: (563)589-4434 Official Receipt: 2017-00008588 Reprinted on 10/26/2017 at 09:27:10 AM By.: 63 on DCRCO2 DUBUQUE CITY ECONOMIC DEVELOPMENT 50 WEST 13TH STREET DUBUQUE IA 52001 Date Recorded: 10/24/2017 Instrument ID Recorded Time Amount 2017-00013232 02:06:26 PM $27.00 DDWR - DEED WITH RESOLUTION NORTH CASCADE ROAD DEVELOPERS LLC TO:DUBUQUE CITY Accounts__ __W,Amount RECORD MANAGEMENT $1.00 TECH FEE $1.00 REAL ESTATE $20.00 AUDITOR $5.00 COUNTY TRANSFER TAX $0.00 STATE TRANSFER TAX $0,00 NON -CONFORMING FEE $0.00 Taxes Amount COUNTY TRANSFER TAX $0,00 STATE TRANSFER TAX $0.00 Total Due: $27.00 Amount Charged: $27.00 Change Tendered: $0,00 HAVE A NICE DAY! WWW.DUBUQUECOUNTY.ORG