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Hartman Airport Property AcquisitionTHE 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 and Ellen Hartman at 8198 Jecklin Lane for the Dubuque Regional Airport Terminal Relocation Project DATE: April 29, 2009 On March 22, 2007, the City entered into an agreement with Ronald and Ellen Hartman to purchase the property located at 8198 Jecklin Lane for the Dubuque Regional Airport Terminal Relocation Project. The property has now 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 C. Van Milligen City Manager DATE: April 27, 2009 RE: Purchase of Property from Ronald and Ellen Hartman @ 8198 Jecklin Lane for the Dubuque Regional Airport Terminal Relocation Project On March 22, 2007, the City entered into an agreement with Ronald and Ellen Hartman to purchase the property located at 8198 Jecklin Lane for the Dubuque Regional Airport Terminal Relocation Project. The City has now 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:tIs Attachment F:\USERS\tsteckle\O'BrienWirport Land Acquisitions\Hartman Ron &Ellen\MVM_ResolutionAcceptDeed_042709.doc OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-8550 / FAx (563) 583-1040 / EMAIL tiobrien@cityofdubuque.org Preparers James A. O'Brien Suite 330 Harbor View Place Dubuque, IA 52001 (563) 583-41138550 RESOLUTION NO. 145 -09 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 8198 JECKLIN 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 Lot 1 of the SE ~/4 of the SE ~/4 of Section 21; the SW ~/ of the SW ~/4 of Section 22; the NW ~/ of the NW '/4, and, the SW '/ of the NW '/, of Section 27; Lot 1 of the NE '/ of the NE '/4, and, Lot 2 of the NE '/ of the NE '/a, of Section 28; all in 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 At the cost of Sixteen Thousand Fifty Dollars ($16,050.00). 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: Roy D. Buol Jeanne F. Schneider, CMC, City Clerk F:\USERS\tstecklel0'Brien\Airport Land Acquisitions\Hartman Ron &Ellen\ResolutionApprovingAcquisition_042409.doc Doc ID: 005908840001 Type Recorded: 02/14/2008 at 01:39:36 PM Revenue•Tax2.$25P60e i of 1 Dubuque County Iowa Kathy F1Vnn TQhurlow Recorder Fi1e2008 THE IOWA STATE BAR ASSOCIATION FOR THE LEGAL EFFECT OF THE USE OF Official Forth No. 101 - Ma 2008 THIS FORM, CONSULT YOUR LAWYER Return To: James A O'Brien Suite 330 300 Main Street Dubuque IA 52001 (5631583-8550 Preparers James A O'Brien Suite 330 300 Main Street Dubuque, IA 52001 (5631583-8550 Taxpayer: ~i~, of Du u~ue 50 W. 13th Street Dubuque. IA 52001 (5631 583-41 1 3 sTAT~ ° ~ WARRANTY DEED 9sSOCrAZ~o~ For the consideration of nnP Dollar(s) and other valuable consideration, Ronald Hartman and Ellen Hartman, husband and wife do hereby Convey to City of Dubuque Iowa the following described real estate in Dub>~aue County, Iowa: Lot 2 of Lot 1 of the SE'/, of the SE'/. of Section 21; the SW '/+ of the SW '/, of Section 22; the NW '/, of the NW '/+, and, the SW '/+ of the NW '/+, of Section 27; Lot 1 of the NE '/. of the NE %+, and, Lot 2 of the NE '/+ of the NE %,, of Section 28; all in 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 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: ~ ~~r..~ ~ 1 `~~ Z ~ ~ Ronald Hartman (Grantor) Ellen Hartman (Grantor) STATE OF IOWA COUNTY OF DUBUQUE This instrument was acknowledged before me on ~P~io rv~~ ~ `~F z~ ~ , by Ronald Hartman and ,Notary Public 4'P~ ~,p JAMES A. O'BRIEN Commission Number 105785 / „w„ My Comm. Exp. NOV 4, 20Q~ (This form of acknowledgment for individual grantor(s) only) C+lo°~) 20 °p ~~4 (~ ~i~-y Cf ~erlC