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Bradley Farm Airport Property AcquistionTHE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Purchase of Property from Ronald Bradley, Jeffrey Bradley, and Brian and Kimberly Bradley at 10719 Merlin Lane for the Dubuque Regional Airport Terminal Relocation Project. DATE: April 29, 2009 On February 7, 2009, the City entered into an agreement with Ronald Bradley, Jeffrey Bradley and Brian and Kimberly Bradley to purchase the property located at 10719 Merline Lane for the Dubuque Regional Airport Terminal Relocation Project. The property has how been acquired and Assistant City Attorney Tim O'Brien recommends City Council approval of a resolution accepting the deed to the property. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Tim O'Brien, Assistant City Attorney THE CITY OF DUBUQUE Masterpiece on the Mississippi MEMORANDUM JAMES (TIM) A. O'BRIEN, ESQ. ASSISTANT CITY ATTORNEY TO: Michael Van Milligen City Attorney DATE: April 27, 2009 RE: Purchase of Property from Ronald Bradley, Jeffery Bradley, and Brian and Kimberly Bradley @ 10719 Merline Lane for the Dubuque Regional Airport Terminal Relocation Project On February 7, 2009, the City entered into an agreement with Ronald Bradley, Jeffrey Bradley, and Brian and Kimberly Bradley @ 10719 Merline Lane for the Dubuque Regional Airport Terminal Relocation Project. The City has no acquired the property. Attached is a resolution accepting the deed to the property. I recommend that the resolution be submitted to the City Council for consideration and approval. JAO:tls Attachment Preparers James A. O'Brien Suite 330 Harbor View Place Dubuque, IA 52001 (563) 583-41138550 RESOLUTION NO. 144-09 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 10719 MERLIN LANE, DUBUQUE, IOWA WHEREAS, the City of Dubuque intends to acquire certain properties located in the area of the Dubuque Regional Airport for the Dubuque Regional Airport Terminal Relocation Project; and WHEREAS, a purchase agreement has been finalized with the owners of the properties described below. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: Lot 2 of the SE '/ of the NW ~/a; and the SW ~/ of the NW ~/, except ~/2 acre in the SW Corner thereof deeded to Independent School District of Table Mound Township; Lot 2 of Lot 2 of the NW ~/ of the NW'/; Lot 3 of Lot 1 of Lot 2 of Lot 1 of the NE '/4 of the NW '/; all in Section 35, Township 88 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof, less right of way conveyed to the State of Iowa and/or the State Highway Commission for road purposes, and that part sold to the City of Dubuque, Iowa, for airport purposes; and together with and subject to all rights and easements of record. At the cost of One Million One Hundred Thousand Dollars ($1,100,00.00). Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty Deed from the owners, conveying the owners' interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, adopted and approved this 4th day of May, 2009. Attest: Jeanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor F:\USERS\tsteckle\O'Brien\Airport Land Acquisitions\Bradley Farms\ResolutionApprovingAcquisition_042409.doc Return To: James A. O'Brien, Suite 330, 300 Main Street Dubuque, IA 52001 (563) 583-8550 Preparers James A. O'Brien, Suite 330, 300 Main Street Dubuque, IA 52001 (563) 583-8550 Tax Payer: City of Dubuque, Iowa 50 W. 13'h Street Dubuque, IA 52001 (563) 583-8550 WARRANTY DEED For the consideration of one Dollar(s) and other valuable consideration, Ronald Bradley a/k/a RONALD R. BRADLEY a/k/a RONALD RICHARD BRADLEY, a single person; Jeffrey Bradley a/k/a JEFFREY S. BRADLEY, a single person; and BRIAN BRADLEY a/k/a BRIAN D. BRADLEY and KIMBERLY KAY BRADLEY, husband and wife, doing business as BRADLEY FARMS do hereby Convey to City of Dubuque, Iowa the following described real estate in Dubuque County, Iowa: Lot 2 of the SE %< of the NW %4; and the SW'/4 of the NW'/4, except'/z acre in the SW Corner thereof deeded to Independent School District of Table Mound Township; Lot 2 of Lot 2 of the NW %< of the NW '/<; Lot 3 of Lot 1 of Lot 2 of Lot 1 of the NE %4 of the NW'/4; all in Section 35, Township 88 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof, less right of way conveyed to the State of Iowa and/or the State Highway Commission for road purposes, and that part sold to the City of Dubuque, Iowa, for airport purposes; and together with and subject to all rights and easements of record, Grantors do Hereby Covenant with grantees, and successors in interest, that grantors hold the real estate by title in fee simple. that they have 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 grantors Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. 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: April 24, 2009 Ronald Bradley Jeffrey Bradley Brian Bradley Kimberly Kay Bradley STATE OF Iowa, Dubuque COUNTY, ss: This instrument was acknowledged before me on the 24th day of April, 2009 by Ronald Bradley a/k/a RONALD R. BRADLEY a/k/a RONALD RICHARD BRADLEY, a single person; Jeffrey Bradley a/k/a JEFFREY S. BRADLEY, a single person; and BRIAN BRADLEY a/k/a BRIAN D. BRADLEY and KIMBERLY KAY BRADLEY, husband and wife, doing business as BRADLEY FARMS.