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
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1111
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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
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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!
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