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
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® 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
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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''~
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Authorized Signature
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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)