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Louise Street Bridge Acceptance of Warranty DeedTHE CITY OF Dubuque I~LTB E t Masterpiece on the Mississippi 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of Warranty Deed (Lot 2-1 Evelyn Tharp Place in Mineral Lot 324 in the City of Dubuque, Iowa) DATE: February 10, 2009 City Engineer Gus Psihoyos recommends City Council acceptance of a Warranty Deed for the property purchased from James R. Foht for reconstruction of the Louise Lane Bridge. I concur with the recommendation and respectfully request Mayor and City Council approval. Micha I C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF Dubuque T-~ D LJ L E AIMAme~Ca City Masterpiece on the Mississippi 2007 TO: Michael C. Van Milligen, City Mana FROM: Gus Psihoyos, City Engineer DATE: February 6, 2009 SUBJECT: Acceptance of Warranty Deed (Lot 2-1 Evelyn Tharp Place in Mineral Lot 324 in the City of Dubuque, Iowa) INTRODUCTION Enclosed is a resolution accepting the warranty deed for a parcel of property owned by James R. Foht (Lot 2-1 Evelyn Tharp Place in Mineral Lot 324 in the City of Dubuque). This lot was purchased for the reconstruction of the Louise Lane Bridge scheduled to begin this spring. DISCUSSION This purchase allows for the construction of a triple 10- by 5-foot box culvert replacing the current structure where Monroe Avenue and Louise Lane intersect with Peru Road. This is the only purchase necessary for the project. RECOMMENDATION I recommend acceptance of the Warranty Deed for the property purchased from James R. Foht. ACTION TO BE TAKEN I respectfully request that the City Council adopt the attached resolution accepting the warranty deed for the property purchased from James R. Foht. Prepared by Ron Turner, PLS cc: Bob Schiesl, Assistant City Engineer RESOLUTION NO. 58-09 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM JAMES R. FOHT WHEREAS, the City of Dubuque entered into an Agreement with James R. Foht for the purchase of the following described real property in Dubuque County, Iowa: Lot 2-1 of "Evelyn Tharp Place" in Mineral Lot 324, in the City of Dubuque, Iowa AND WHEREAS, the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque hereby accepts the Deed from James R. Foht 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 adotped this 16th day of February, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Louise Lane Box Culvert Foht Purchase Vicinity Map rr cNureu oy: rcvn turner ou VYesi IJLn Ji. VUDUgUe, IH JZUUI F'n: DOJ-J8y-4Z/V PLAT OF SURVEY LOT 1-1 AND LOT 2-1 OF "EVELYN MINERAL LOT 324 IN THE CITY OF I FOUND ROD OR I PI PE IN TREE I 11.05' I r OvO~ I Z ~ I omo II N I zm~° I W I ~~C ~ a I I zm ~~ co `L I J LOT 76 I ~ I ~ v J MAPLE I ~ LEAF I ~ ~ ADDITION I T~ Z ~ I ~ I - O I ~ Z O II < v O RIDGEWAY Q Z i ~ I AVENUE I R'I ~ ,~ ) VAC . ( 0.39' WEST o0 OF LINE LOT 3, 'EVELYN THARP PLACE" LOT 2, "EVELYN THARP PLACE" ~o~ LOT 1-1 10,085 SQ. FT. ~, /~ \ 8.69'- / ~ 003 / / 50' x 5Q' \~o tij 002 / TEMPORARY rrwcmi ~rrinu o~• Q~ D ~ 38.7~~ EASEMENT THARP PLACE" IN DUBUQUE, IOWA NE'LY COR~ LOT 2 ,~~~ ,~d~ ~ r / ~ / ~0 ?, / v Ory ~ ~~~/~^ SQUARE PIPE 0.19' NE'LY OF LINE 1006 LOT 1-1 7.84' (7.ss') 9.04' QQ i ~ o N S7g 5p~49"E SOS~~ ~^ J ~~ LOT 75 I C 'DO F ~ J / M ADDITION F I No 2 m j ~ 007 Q~~ /~ . I ~ ~ LOT 2-1 „~ 5 630 S FT ti , ' J ~ 0 , Q. . o ~ ~ ~ ~ ,. ^ / ~^~ NORTH ~~ 1001 GRAPHIC SCALE P ~\S~ ~' ~ X29 0 S 40 80 / 9, ~ I S; 6• 1000 1"=40' I I i "'~y DRAWING I I MAY HAVE BEEN REDUCED / .PI -WEST LINE W IY LOT 1 ~~J LOT 2-1 ~ OF 0449 I ~ LOT 4, EVELYN " LEGEND ` THARP PLACE ~ ~ LOT 20 MAPLE \ LEAF ADDITION ~ I (Row) / ^ PLAT BOUNDARY F " No. 2 I OUND 3/4 IRON ROD ~ I / • FOUND 1" PIPE UNLESS NOTED ~ I ~ ~ ® SET 5/8" REBAR WITH YELLOW 1 PLASTIC CAP AS SHOWN ABOVE DESCRIP110N: LOT 1 OF "EVELYN THARP PLACE" IN ~ SET 5/8" REBAR WITH ORANGE MINERAL LOT 324 IN THE CITY OF DUBUQUE, IOWA PLASTIC CAP N0. 9651 PROPRIETOR: JAMES R. FORT ~ SURVEYED FOR: CITY OF DUBUQUE ~ DATE PREPARED: DECEMBER 2, 2008 ROW RIGHT-OF-WAY ( ) RECORD INFORMATION TOTAL AREA SURVEYED: 15,715 SQ. FT. NOTE THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORD AND NOT OF RECORD. DRAWN BY: A. CRAM, IIW ENGINEERS & SURVEYORS, P.C. CHECKED BY: R. TURNER, CITY OF DUBUQUE SHEET 1 OF 2 THE CITY OF C DUB E Masterpiece on the Mississippi BARRY LINDA CITY ATTORNE To: Jeanne Schneider City Clerk DATE: February 6, 2009 MEMORANDUM RE: James R. Foht Property Purchase Jeanne: The closing on this property purchase took place on February 4, 2009. Ron Turner from Engineering will be submitting to you for the February 16, 2009 City Council meeting, the Resolution Accepting Real Estate as well as the Quit Claim Deed relating to this transaction. Attached to this memo are the following original documents that can be recorded with the above-referenced Resolution and Quit Claim Deed, once approved by the City Council: 1. Declaration of Value; 2. Groundwater Hazard Statement Also attached is City of Dubuque check no. 329329 payable to the Dubuque County Recorder in the amount of $20.00 regarding the real estate transfer stamps. I would appreciate it if you would please send me the original documents after they have been recorded. Thank you. Enclosure F:IUSERS\tsteckle\Lindahl\Foht Property Acquisition\Schneider_RecordClosingDocuments_020609.doc OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org REAL ESTATE TRANSFER -DECLARATION OF VALUE - Please read the filing instructions BEFORE completing this form. To enter information, use the "Tab" key to move to each field. PART I - TO BE COMPLETED BY BUYER, SELLER, OR AGENT (Please Type or Print Legibly) Social Security No. SELLER -Name James R. Foht (or Federal I.D. No.) - Address 2514 Elm Street Dubuaue Iowa 52001 Number and Street or Rural Route City, Town or Post Office State Zip Social Security No. BUYER Name City of Dubuque, Iowa (or Federal I.D. No.) 42-6004596 - Address 50 West 13th Street Dubuaue Iowa 52001-4864 Number and Street or Rural Route City, Town or Post Office State Zip Address of Property Conveyed N/A.(vacant lot) Number and Street or Rural Route City, Town or Post Office State Zip Legal Description of Property Lot 2-1 of "Evelyn Tharp Place" in Mineral Lot 324, in the Citv of Dubuque, Iowa If this is a sale of AGRICULTURAL LANDto one of the following persons or entities, please check (x) the appropriate box. Corporation QTrust Alien ONon-Resident Alien Limited Partnership Declaration of Value Statement 1. Total Amount Paid ................................................................ $ 12.960.00 2. Amount Paid for Personal Pro ert See Instructions $ - 3. Amount Paid for Real Property O ly (1 minus 2) ) $ 12,960.00 4. Contract Sale Information -Please See Instructions Down Payment $ ~ Interest Rate %~ Monthly Payment ~ Length of Contract years Balloon Payment Date (if applicable) ~ SALES CONDITIONS: Check (XI ALL of the following that apply to this sale Sale Between Family Members (See Instructions) Corporate Merger or Reorganization Purchase of Adjoining Land Fulfillment of Prior Year Contrail Exchange for Other Property ('Trade") ®Auilion Sale . Transfer of Partial Interest Sale to/by Exempt Organization Quit Claim Deed Other (Explain) I HEREBY DECLARE THAT T~NFORMATJON CO~I.TAINED IN PART 1 OF THIS FORM IS TRUE AND CORRECT. Signature: ~ ~ ~ ~ Telephone Number (SC~3) ~QS - 7 ~ ~ ,~ (Buyer eller OR Agent) P RT II - TO BE COMPLETED BY RECORDER ok (or instrument Page (or instrument Date of Instrume identification) ident~cation) Date of Recor ' City or Township -Contract ~ Deed County Real Estate Transfer Tax Paid PART III - TO BE COMPLETED BY ASSESSOR Classification of Property (1)~Urban (2)QRural AGRICULTURAL REALTY COMMERCIAL RESIDENTIAL (1) Improved Farm Dwelling (1) Business (3) Apartment (1) Single-Family Dwlg. (2) Unimproved Farm (2) Office (4) Other Q Q (2) ~Two-Family Dwlg. INDUSTRIAL Story Height (1) Lot 8, Bldgs. Age of Dwelling SALES CONDITIONS Lot Assessed As Unplatted Land Sale of Portion of Property ("Split") Partial Assessment Other (Explain Below) ~~`t /~~~ Fields of Opportunities A B C D E F (For Dept. of Revenue Use Only) NOTE: ASSESSED VALUE Assessment Data SALES RATIO MUST BE AS OF JANUARY 1, LAND BLDGS. TOTAL OF THE YEAR IN WHICH THE SALE OCCURRED $ $ $ % rsrrR~veu nT rune DEPARTMENT OF REVENUE REAL ESTATE TRANSFER -GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR Name James R. Foht Address 2514 Elm Street Dubuque Iowa 52001 Number and Slreet or RR City, Town or P.O State TRANSFEREE Name City of Dubuque, Iowa Address 50 West 13th Street Dubuque Iowa 52001-4864 um r a 5 ree or G own or rate ip Address of Property Transferred N/A (vacant lot) uA m~a~s or Ci y'f-Town, ord. s arTe -~ Legal Description of Property Lot 2-1 of "Evelyn Tharp Place" in Mineral Lot 324, in the City of Dubuque Iowa 1. Weds (check one) here 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) here 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. Hazardous 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 substance(s) 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 anv required by statements checked above shall be provided on a separate sheet attached hereto I HEREBY DECLARE THAT 1 HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND T T THE INFO MATION STATED ABOVE IS TRUE AND CORRECT. q ` ~/ Signature: Telephone Number: SG`~ ~/ / 7~ / nrw ror or en DNR form (June, 2007) FILE WITH RECORDER 542-0960 CITY OF DUBUQUE CHECK NO 329329 AMOUNT 20.00 VENDOR 1688 DUBUQUE COUNTY RECORDER CHECK DATE 02/04/09 Activity/Project Account Purchase Order Invoice No Amount Description 2501020 73113 JAMES FOHT 20.00 p~ #~ ~ % TOTAL 20.00 0 c m c O C m n 0 c z I THE CITY OF City Hall N DT TR ~ 50 West 13th Street V 1.~ Dubuque, Iowa 52001 Masterpiece on fhe Mississippi y PAY TWENTY DOLLARS & ZERO CENTS 0 N TO THE ORDER ~. OF DUBUQUE BANK & TRUST CO 45-53 DUBUQUE, IOWA 739 Check No. 329329 Date 02/04/09 Amount 20.00 DUBUQUE COUNTY RECORDER 720 CENTRAL AVE DUBUQUE IA 52001 i''~ ,~.• - Authorized Signature n 0 0 8 11'32932911' ~:073900535~: 00 0~3 211' ®THE IOWA STATE BAR ASSOCIATION Ofidal Form No. 106 - Ma 2006 B A. Lindahl ISBA#000006899 FOR THE LEGAL EFFECT OF THE USE OF THIS FORM CONSULT YOUR LAWYER Return To: Barry A Lm Crtv Attorney 300 Mam treet Suite 330 Du uque, Iowa 520 1 Preparers Barry A. Lindahl, City Attorney 300 Main Street, Suite 330 Dubuque, Iowa 52001 Taxpayer:may ~f l~uhun~ Towa 50 West 13th Street T)Lht~n~, Towa 52001 ,, STATE ~ P QUIT CLAIM DEED ~ 9s`r l~ OCIA~ For the consideration of ten Dollar(s) and other valuable consideration, James R. Foht, a single person do hereby Quit Claim to City of Dubuque, Iowa all our right, title, interest, estate, claim and demand in the following real estate in Dubuque County, Iowa: Lot 2-1 of "Evelyn Tharp Place" in Mineral Lot 324, in the City of Dubuque, 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. Dated: . Foht, a single n (Grantor) (Grantor) (Grantor) (Grantor) STATE OF IOWA , COUNTY OF DUBU UE This instrument was acknowledged before me on '~~~ , by James ,oht a• sin le erson ~~ orP"~ a RONALD J. TURNER ,Notary Public ~ . Gommisalon Numt7er 188584 f ~ -- d CommlaslonEz Ire °L- ' 7oiZ 1~~~•^ Y P (This form of acknowledgment for individual grantor(s) only)