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Junnie and Rich's Coin Partnership_Acceptance of Warranty DeedTHE CITY OF Dubuque ~, _;- _., All~f~inerica City ~~_ Masterpiece can the Mississippi ~ ~ .~ 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of Warranty Deeds (Lot 319 and the Westerly Half of Lot 352, and Lot 353 and the Easterly One-Half of Lot 352 of East Dubuque No. 2, an Addition in the City of Dubuque, Iowa) ®ATE: January 26, 2009 City Engineer Gus Psihoyos is recommending acceptance of the warranty deeds for two parcels of land needed for the Bee Branch Creek Restoration Project, including Lot 319 and the Westerly Half of Lot 352, and Lot 353 and the Easterly One-Half of Lot 352 of East Dubuque No. 2, an Addition in the City of Dubuque, Iowa. I concur with the recommendation and respectfully request Mayor and City Council approval. Ps~. ,~. f` Mici~ael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Enclosed is a resolution accepting the warranty deeds for the two parcels of commercial property owned by Junnie & Rich's Coin Partnership (Lot 319 and the Westerly Half of Lot 352 in East Dubuque No. 2, an Addition in the City of Dubuque, Iowa, and Lot 353 and the Easterly One-Half of Lot 352, in East Dubuque No. 2, an Addition in the City of Dubuque, Iowa). DISCUSSION On October 20, 2008, the City Council approved (Resolution 366-08) the purchase of two parcels of commercial property owned by Junnie & Rich's Coin Partnership for $205,000. This purchase is part of the acquisition program associated with the Bee Branch Creek Restoration Project. Included are the following warranty deeds: Owner Junnie & Rich's Coin Partnership Junnie & Rich's Coin Partnership Legal Description Lot 319 and the Westerly Half of Lot 352 in East Dubuque No. 2, an Addition in the City of Dubuque, Iowa Lot 353 and the Easterly One-Half of Lot 352 in East Dubuque No. 2, an Addition in the City of Dubuque, Iowa RECOMMENDATION I recommend acceptance of the Warranty Deeds for the property purchased from Junnie & Rich's Coin Partnership. ACTION TO BE TAKEN I respectfully request that the City Council adopt the attached resolution accepting the warranty deeds for the property purchased from Junnie & Rich's Coin Partnership. Prepared by Deron Muehring, Civil Engineer II Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. 33-09 A RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY DESCRIBED AS LOT 319 AND THE WESTERLY HALF OF 352 IN EAST DUBUQUE NO. 2, AN ADDITION IN THE CITY OF DUBUQUE, IOWA AND LOT 353 AND THE EASTERLY ONE-HALF OF LOT 352 IN EAST DUBUQUE NO. 2, AN ADDITION IN THE CITY OF DUBUQUE, IOWA TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an agreement with Junnie and Rich's Coin Partnership pursuant to which Junnie and Rich's Coin Partnership agreed to convey Lot 319 and the Westerly Half of Lot 352 in East Dubuque No. 2, an Addition in the City of Dubuque, Iowa, and Lot 353 and the Easterly One-Half of Lot 352 in East Dubuque No. 2, an Addition in the City of Dubuque, Iowa; and Whereas, Junnie and Rich's Coin Partnership has executed a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deeds from Junnie and Rich's Coin Partnership, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 2nd day of February, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk i 1111111 111111 iii 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 1111 1111 Doc ID: 006260680002 Type: GEN Recorded: 01/02/2009 at 10:05:40 AM Fee Amt: $180.20 Pape 1 of 2 Revenue Tax: $163.20 Dubuque County Iowa Kathy Flvnn Thurlow Recorder 11 File ®®1 ~' ~ ~ Warranty Deed ~~° ~ ~ { '~ ,4 /1 (Corporate/Business Entity Grantor) \ '~ `~" ~ `~ = THE IOWA STATE BAR ASSOCIATION 7 : ~ ~~', S`' ' Official Form #335 ' JC:~r;~c ' Recorder s Cover Sheet Preparer Information: (Name, address and phone number) William A. Conzett, 2728 Asbuty Rd, Suite 310, Dubuque , IA 52001, Phone: (563) 556-8552 Taxpayer Information: (Name and complete address) ~~t~of~3tl~uc~t .: Iowa Dubuque, IA 52001 Return Document To: (Name and complete address) City of Dubuque, Iowa 50 W. 13th St. Dubuque, IA 52001 Grantors: Grantees: Jumlie and Rich's Coin Partnership City of Dubuque, Iowa Legal description: See Page 2 Document or instrument number of previously recorded documents: © The Iowa State Bar Association 2005 IOWADOCS® ~ , ;t~, ~~~f~ %`~~ THE IUWA STATE BAR ASSOCIATION Official Form No. 335 Wllham A. COnZett FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER q ~'; ~~ 1 ~ ~+' 1 ~ V ~, (Corporate/Business Entity Grantor) i :~ ~ ~,~ ~ r .,s.; ~~. For the consideration of Ten ($10.00) Dollar(s) and other valuable consideration, Junnie and Rich's Coin Partnership a(n) Iowa partnership organized and existing under the laws of Iowa does hereby Convey to City of Dubuque, Iowa the following described real estate in Dubuque County, Iowa: Lot 319, and the Westerly half of Lot 352, in East Dubuque No. 2, an Addition in the City of Dubuque, Iowa, according to the recorded Plat thereof. 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 sin- gular or plural number, according to the context. /~' ~-:~~ .-~,~~ j` Dated: , Junnie and Rich's Coin Partnership a(n) Iowa artnershi ichard L. Billmeyer , Gene Partner ~_ ,~~ John P. Mihalakis , General Partner STATE OF IOWA ,COUNTY OF DUBOUEU This instrument was acknowledged before me on this ~ ~ ~. ~.~ , by Richard L. Billmeyer and John P. Mlhalakis as General Partner and General Partner, respectively of Junnie and Rich's Coin Partnershi ,~,a~ ~~ A ~ ~ Commi~I~n Mumber 739& 0 "'`' ~ ~ ~`"~ ~ P ~ o ~x._ ~, s nnyc®mtniionExpir~~ N tary Public P,~~°oh 14, 200 ©The Iowa State Bar Association 2005 335 WARRANTY DEED (CORPORATE/BUSINESS ENTITY DEED) IOWADOCS® Revised June 2005 REAL ESTATE TRANSFER -GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR Name Junme and Rich's Coin Partnership Address 2095 I~erper Blvd. Dubuque IA 52001 Niunber anA Street cr RR City, Town or' P.U Siate Zip TRANSFEREE Name City of Dubuque, Iowa Address 50 W. 13th St, Dubuque IA 52001 un~d Stree cr rty, own or .ate Zrp Address of Property Transferred __ _._ um er ands raT el or FFR._. i Y~ own. o%~: S a-°i-le ~p Legal Description of Property Lot 319, and the Westerly half of Lot 352, in East Dubuque No. 2, an Addition in the City of Dubuque, Iowa, according to the recorded Plat thereof. 1. Wslls (check one) V There are no known wells situated on this property. _ There is a well or wells situated on this property. The types}, location(s) and legal status are stated below. 2. S lid Waste Disposal (check one) There is no known solid waste disposal site on this property. There is a solid waste disposal site on this property, but no notice has been received from the Department of Natural Resources that the site is deemed to be potentially hazardous. _ There is a solid waste disposal site on this property which has been deemed to be potentially hazardous by the Department of Natural Resources. The location(s) of the site(s) is stated below. 3. H zardous Wastes (check one) There is no known hazardous waste on this property. . There is hazardous waste on this property and it is being managed in accordance with Department of Natural Resources rules. 4. Underground Storage Tanks (check one) . There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) _ There is an underground storage tank on this property. The type(s), size(s) and any known substances} contained are listed below. 5. Private Burial Site {check one) ~ There are no known private burial sites on this property. There is a private burial site on this property. The location(s) of the site(s) is stated below. The known identifying information of the decedent is stated below. Information if any required by statements checked above shall be provided on a separate sheet attached hereto: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: -- ~~'~'~ ~ ~ ~~~'~"~-~'`~'~~''~'`''~ Telephone Number: (~`~~ ~ ~,~'~ cCw tans ar ~ r iq ~~ f° r~s/i~ Y DNR for ,tG~fe', 07) ~" {~' ILE WITH RECORDER ') ~~~(_ ~ ~1 542-0960 / .+~ ~ ~ __r~ iii oii iiiiie i iiiii ii i i i i i i iiiii iiiii iii iiiii iiiii iiiii iii iii Doc ID: 006260670001 Type: GEN Recorded: 01/02/2009 at 10:05:06 AM Fee Amt: $7.00 Page 1 of 1 Dubuque County Iowa Kathy Flynn Thurlow Recorder File ®®®®®®~./ Prepared by: Karen Reynolds, Dubuque Bank and Trust Company, 1398 Central Ave., Dubuque, IA 52004, Loan No: 866803041 RELEASE OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS: That a certain Mortgage, dated the 12th day of January, 2007, executed by Junnie & Rich's Coin Partnership (Mortgagor), to Dubuque Bank and Trust Company, Dubuque, Iowa (Mortgagee), and recorded as Instrument No. 2007-00001010, of the records of Dubuque County, Iowa, having been paid in full, is hereby released this 23rd day of December, 2008. DUBUQUE BANK AND TRUST COMPANY ane Fr ,Vice President On this 23rd day of December, 2008, before me Karen Reynolds, a Notary Public in and for the State of Iowa, personally appeared Duane Frick, to me personally known, who being by me duly sworn, did say that he/she is the Vice President of the Dubuque Bank and Trust Company, that the seal affixed to said instrument is the corporate seal of said corporation, tha± said irs'•_rumen± was signed and sealed on behalf of said corporation, by authority of its Board of Directors, and the said Duane Frick as such Vice President acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it, and by them voluntarily executed. w~---- Karen Reynolds tary Public My Commission Expires: November 8, 2009 Return To: Dubuque Bank and Trust Company Attn: Karen Reynolds 1398 Central Ave Dubuque, IA 52004 o a'^~s KAREN REYf~OLbS ~ a,~,~e ~ Commission Number 737564 My Commission Expires ~~C 12/23/2008 Release IA multiple KJB 10/4/07 ~. ~ __ ~. u. , ~ - <{, i isiiiii 1111 i i 1111 ii i i i 11111 i iii ii i 11111 11111 siiii ii i 11111 iiei ii Doc ID: 006260690002 Type: GEN Recorded: 01/02/2009 at 10:06:15 AM Fee Amt: $180.20 Page 1 of 2 Revenue Tax: $163.20 Dubuque County %owa Kathy Flynn Thurlow Recorder File ®® ~,~r.~ x. ~" ~ ~~c~ Warranty Deed m ~° (Corporate/Business Entity Grantor) it ~`, I ~ ~, . THE IOWA STATE BAR ASSOCIATION '7 ,`~" I: ~ ~' -~ Official Form #335 ~S'Srcr:a~~~`, Recorder's C®ver Sheet Preparer Information: (Name, address and phone number) William A. Conzett, 2728 Asbury Rd, Suite 310, Dubuque , IA 52001, Phone: (563) 556-8552 Taxpayer Information: (Name and complete address) City of Dubuque, Iowa 50 W. 13th St. Dubuque IA 52001 Return Document To: (Name and complete address) City of Dubuque, Iowa 50 W. 13th St. Dubuque, IA 52001 Grantors: Grantees: Juimie and Rich's Coin Partnership City of Dubuque, Iowa Legal description: See Page 2 Document or instrument number of previously recorded documents: ©The Iowa State Bar Association 2005 IOWADOCS® 1 THF. IOWA STATE BAR ASSOCIATION Official Form No. 335 ~+ Wllham A. ConZett FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER ~; f'~L't,,. Gl~l C! l~®s I ~ 1 1 4 4 ° ~ ' '' (Corporate/Business Entity Grantor) ~S ` ' `gC>C~1 r9'lrt For the consideration of Ten ($10.00) Dollar(s) and other valuable consideration, Junnie and Rich's Coin Partnership a(n) Iowa partnership organized and existing under the laws of Iowa does hereby Convey to City of Dubuque, Iowa the following described real estate in Dubuque County, Iowa: Lot 353, and the Easterly One-half of Lot 352, in East Dubuque No. 2, an Addition in the City of Dubuque, Iowa, according to the recorded Plat thereof. 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 sin- gular or plural number, according to the context. Dated: /'~` ~~ ~U~'~~~c~''rn Junnie and Rich's Coin Partnership a(n) Iowa a ers i _~y ~~ ~,,~ ~ ,. ~ By .~ ~e~ ~~"r /~ ~-'=..~~'' .mfr. ~' 'chard L. Billmeyer,General, jartner ~~ ~ ems. r By : -- John P. Mihalakis General Partner STATE OF IOWA ,COUNTY OF DUBQUEU This instrument was acknowledged before me on this ~~~` ~: ~ by Richard L. Billmeyer and John P. Mihalakis as General Partner and General Partner, respectively of Junnie and Rich's Coin Partnershi • r Commi~t~n Number 73g~o ,Notary Public ~:, . ~ ~y Como~tf.&adOr~ Expires 94, 2009 ©The Iowa State Bar Association 2005 335 WARRANTY DEED (CORPORATE/BUSINESS ENTITY DEED) IOWADOCS® Revised June 2005 REAL ESTATE TRANSFER -GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR Name Junnie and Rich's Coin Address 2095 Kerper Blvd., Dubuque IA 52001 Numher anA Street a RR City, Tovm or P U State Zip TRANSFEREE Name City of Dubuque Iowa Address 50 W. 13th St, Dubuque IA 52001 um er an creel cr qty, own or p. :ate Cp Address of Property Transferred _^ urn er an ree or i y, oven, cr ~- tae ip Legal Description of Property Lot 353, and the Easterly One-half of Lot 352, in East Dubuque No. 2, an Addition in the City of Dubuque, Iowa, according to the recorded Plat thereof. 1. W Its (check one) j~There are no known wells situated on this property. _ There is a well or wells situated on this property. The type{s}, location(s) and legal status are stated below. 2. Solid Waste Disposal (check one) There is no known solid waste disposal site on this property. _ There is a solid waste disposal site on this property, but no notice has been received from the Department of Natural Resources that the site is deemed to be potentially hazardous. _ There is a solid waste disposal site on this property which has been deemed to be potentially hazardous by the Department of Natural Resources. The location(s) of the site(s) is stated below. 3. Hy~zardous Wastes (check one) V There is no known hazardous waste on this property. _ There is hazardous waste on this property and it is being managed in accordance with Department of Natural Resources rules. 4. Underground Storage Tanks (check one) There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) _ There is an underground starage tank on this property. The type(s), sizes} and any kno~nm substance(s) contained are listed below. 3, Private Burial Site (check one) There are no known private burial sites on this property. _ There is a private burial site on this property. The location(s) of the site(s) is stated below. The known identifying information of the decedent is stated below. Information. if anv. reauired by statements checked above shall be_provded on a separate sheet attached hereto: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. ,. ,~~ v---' _ ~ -- C Signature: c ~'v~/'P~~ %"~"'' ; ~ ~~'`~~~`' Telephone Number: (~ ~ ~ ~ ~ Lu'`} ~~~ ~ DNR form( e,°200`7) ~ ~ r` jf~ CE WITH RECORDER "J ! ;!`f -- ~ 542-0960 T LA S 485 LOCUST STREET DUBUQUE, IOWA 52001-6940 Joseph J. Bitter (1937-2007) Thomas A. Bitter January 12, 2009 Deron L. Muehring, Civil Engineer City Engineer's Office 50 West 13~' St. Dubuque, IA 52001 Dear Deron: Phone: 563-588-4608 Fax: 563-588-0103 Enclosed please fmd the ori~mal recorded Release of Mortgage and both of the recorded Deeds regarding the property purchased from Junnie & Rich. The purchase of those two properties is now complete. Thank you. Sincerely, ~..., ,~~r~ - - Thomas A. Bitter TAB/km(6) Enc.