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Donation of Land Bordering Eagle Point Park Approval Jeffrey Deforest Davis Trust Copyrighted December 17, 2018 City of Dubuque Action Items # 8. ITEM TITLE: Donation of Land Bordering Eagle Point ParkApproval SUMMARY: City Manager recommending acceptance of the donation of 11.57 acres of land from the Jeffrey Deforest Davis Revocable Inter Vivos Trust as an addition to Eagle Point Park and further recommends approval of a resolution and authorization for the City Manager to execute an offer to buy real estate and the CityAttorney's Office be authorized to complete necessary actions to complete the donation by year-end. RESOLUTION Accepting Deed to certain real estate in Dubuque County, lowa from the Jeffrey DeForest Davis Revocable Inter Vivos Trust SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Donation of Land Bordering Eagle Point Park-NNM City Manager Memo Memo NNM Donation of Land Bordering Eagle Point Park Staff Memo Approval Jeffrey Davis Donation Letter Supporting Documentation Resolution Accepting Land Donation Bordering Eagle Resolutions Point Park Davis Real Estate Offer to Buy Signed Supporting Documentation Map of Land Donation Bordering Eagle Point Park Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Donation of Land Bordering Eagle Point Park Approval DATE: December 14, 2018 Leisure Services Manager Marie Ware recommends City Council acceptance of the donation of 11 .57 acres of land from the Jeffrey Deforest Davis Revocable Inter Vivos Trust as an addition to Eagle Point Park and further recommends approval of a resolution and authorization for the City Manager to execute an offer to buy real estate and the City Attorney's Office be authorized to complete necessary actions to complete the donation by year-end. I concur with the recommendation and respectfully request Mayor and City Council approval. �L;� 1��, ���,�� Mic ael C. Van Milligen �� � MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Marie L. Ware, Leisure Services Manager THE CTTY OF Dubuque � D V L E uin�ne�c�ry ��I,���, Masterpiece on the Mississippi Z°°' Z°'Z 2�13 Za1� TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Manager SUBJECT: Donation of Land Bordering Eagle Point Park Approval DATE: December 12, 2018 INTRODUCTION The purpose of this memo is to request approval of a donation of land by Jeffrey Deforest Davis Revocable Inter Vivos Trust that would add 11.57 acres to Eagle Point Pa rk. DISCUSSION As a part of the Eagle Point Park Environmental Restoration project, letters were sent to the owners of property all around Eagle Point Park. Jeffrey Davis is a former Dubuquer that grew up here and attended Lincoin grade school, Washington Junior High and Dubuque Senior High School. Mr. Davis now lives in Florida. He and his family own 11.57 acres of mostly wooded land that abut Eagle Point Park. This letter of a public meeting led to Mr. Davis requesting consideration of his family's donation of the property described hereafter. The three lots are located between the homes on Eagle Point Drive and Shiras Avenue. There is potential to access in the future from Shiras to this land and other parts of Eagle Point near the tennis courts. Mr. Davis requests that the transfer happen before the end of the year, that "the City recognize and memorialize the land in some conspicuous and public manner to the memory/name of my late father-in-law Wayne W. Anthony, a lifelong resident of Dubuque", and that the City provide the proper IRS form documenting the donation. The recognition will be completed in the future in conjunction with the Davis family. The donation of this land would preserve a woodland and expand one of Dubuque's most treasured of parks, Eagle Point Park. RECOMMENDATION I respecffully recommend acceptance of the land donation from Jeffrey Deforest Davis Revocable Inter Vivos Trust as an addition to Eagle Point Park and further recommend approval of the attached resolution and authorization for the City Manager to execute an offer to buy real estate and the City Attorney's Office be authorized to complete necessary actions to complete the donation by year-end. 1 Marie Ware From: jdresearchl@comcast.net Sent: Friday, December 14, 2018 10:08 AM Ta Marie Ware Subject: Eagle Point Park Addition Marie, it is my wish to donate to the City of Dubuque my 11.57 acres of woodland immediately adjoining Eagle Point Park under the following the conditions: @ the donation and transfer of title to the City is accomplished prior to January 1, 2019, and @ the City recognize and memorialize the land in some conspicuous and public manner to the memory/name of my late father-in-law Wayne W. Anthony, a lifelong resident of Dubuque, and @ the City give strong consideration to the use of this land for walking and hiking trails. I believe this virgin woodland represents a nice addition to an already wonderful park. It is my sense that this land offers the opportunity to add a new dimension to the Park in the form of pleasant wooded hiking/walking trails. However, the precise utilization of the land is at the discretion of the Park District. Here is the essence of how the City might wish to publicize this addition to the Park: EAGLE POINT PARK ADDITION The City of Dubuque has been gifted 11.57 acres of virgin woodland adjoining Eagle Point Park. This addition to the Park will enable it to now offer walking/hiking trails through natural habitat that is home to substantial populations of wildlife. This giff is made in honor of lifelong Dubuque resident Wayne W. Anthony, who lived for many decades on Eagle Point Drive. Mr. Anthony was born in Dubuque in 1915 and passed away in 2002. Mr. Anthony, known fondly by the nickname Big Wayne, was a gentle man of generosity, accomplishment, and humility. He was an outstanding athlete at Dubuque Senior High School, a team mate of Jay Berwanger, the first-ever recipient of football's Heisman Trophy. He knocked them down so Jay could run by them. Mr. Anthony was an undefeated heavyweight wrestler at Dubuque Senior High School, and went on to be an anchor of an outstanding University of Dubuque football team. Mr. Anthony was a decorated WWII veteran. A member of the Greatest Generation, he was wounded outside Nancy, France just 24 hours prior to the German initiation of the Battle of the Bulge in December, 1944. Mr. Anthony was an outdoor sportsman and lover of wildlife, as well as being an accomplished horseman and gardener. Active in Democratic politics, he was known for his quiet wit and intuitive wisdom of human behavior. (Photo of Big Wayne on horseback here) The gift of this woodland in his memory is made by Jeffrey D. Davis, a 1960 graduate of Dubuque Senior High School. Mr. Davis, now of Naples, Florida and Durango, Colorado has endowed three scholarships at the University of lowa, named for his four children and his parents, which are awarded i annually to graduating seniors of Dubuque Senior High School. These scholarships have honored and benefitted 87 gifted Dubuque young people since their inception. Mr. Davis was a 20 year Board member of the Four Oaks children's organization, a not-for-profit statewide family services organization which serves 2200 lowa young people and families annually. The Four Oaks facility in Dubuque bears the name Jeff Davis Center in recognition of his service. The Park Board and the City of Dubuque have formally moved to accept this gift, and are pleased to be able to offer recreational activities to the public which have heretofore not existed. This is the first addition to Eagle Point Park since it's inception in 1937. The Park.........and now, Marie, would follow a history of the Park, it's construction of award-winning buildings in the Frank Lloyd Wright tradition by the WPA, how it is such an outstanding public park, expressions of excitement by Park Board members, the planning which will now be underway to create an outstanding nature area and walking trails, etc etc. Respectfully submitted, Jeffrey DeForest Davis December 14, 2018 Click https://www.mailcontrol.com/sr/yYU6NB8CzHPGX2PQPOmvUgfUspOYWKRb9aGNWUneOj2e3YM5 Lb3RLYrZ3t4Gq_MNZxoCT-hdz6HOTm18Ao4xWg== to report this email as spam. 2 Prepared by Crenna Brumwell 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 RESOLUTION NO. 383-18 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM THE JEFFREY DEFOREST DAVIS REVOCABLE INTER VIVOS TRUST WHEREAS, the Jeffrey Deforest Davis Revocable Inter Vivas Trust has offered to donate to the City of Dubuque the following described real property in Dubuque County, Iowa: Parcel 1107127021: LOT 10 POTTERS SH IRAS AVE PLACE Parcel 1107127008: LOT 5 POTTERS SHIRAS AVE PLACE Parcel 1107127023: LOT 11 POTTERS SH IRAS AVE PLACE ;and (10.72 acres) (0.23 acres) (0.62 acres) WHEREAS, the City Council finds that it is in the best interest of the City to accept such gift from the Jeffrey Deforest Davis Revocable Inter Vivas Trust. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City Manager is authorized to sign the attached purchase agreement. Section 2. The City Attorney's Office is authorized to act as necessary to facilitate a closing on the real estate by the end of 2018 and accept a Warranty Deed from the Jeffrey Deforest Davis Revocable Inter Vivas Trust. Section 3. The City Attorney's Office is hereby authorized and directed to record this Resolution and the Warranty Deed with the Dubuque County Recorder following closing. Passed, approved and adopted this 17th day of December 2018. ;J /f41} jJ _ _,,./ '---'--f+o-y_D.._._B_u_o_1,-M-a_y_or Attest: OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: Jeffrey Deforest Davis Revocable Inter Vivos Trust, Seller: SECTION 1. REAL ESTATE DESCRIPTION. The City of Dubuque, Iowa (Buyer) offers to buy real estate in Dubuque County, lowa, described as follows: Parcel 1107127021: LOT 10 POTTERS SHIRAS AVE PLACE (10.72 acres) Parcel 1107127008: LOT 5 POTTERS SHIRAS AVE PLACE (0.23 acres) Parcel 1107127023: LOT 11 POTTERS SHIRAS AVE PLACE (0.62 acres) in the City of Dubuque, lowa (the Real Estate) legal description to be confirmed per continued abstract per Section 10, with any easements and appurtenant servient estates, but subject to the following: a. any zoning and other ordinances; b. any covenants of record; c. any easements of record for public utilities, roads and highways designated the Real Estate. SECTION 2. PRICE. The purchase price shall be $0.00. SECTION 3. REAL ESTATE TAXES. Seller shall pay any unpaid real estate taxes for fiscal year 2018-2019 prorated to the date of closing and prior years. SECTION 4. SPECIAL ASSESSMENTS. Seller shall pay all special assessments, if any, which are a lien as of the date of closing, prorated to the date of closing. SECTION 5. RISK OF LOSS AND INSURA[VCE. Sellers shall bear the risk of loss or damage to the Real Estate prior to closing or possession, whichever first occurs. Sellers agree to maintain existing insurance and Buyer may purchase additional insurance. In the event of substantial damage or destruction prior to closing, this Agreement shall be null and void; provided, however, Buyer shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages. The Real Estate shall be deemed substantially damaged or destroyed if it cannot be restored to its present condition on or before the closing date. SECTION 6. CARE AND MAINTENANCE. The Real Estate shall be preserved in its present condition and delivered intact at the time possession is delivered to Buyer, provided, however, if there is loss or destruction of all or any part of the Real Estate from causes covered by the insurance maintained by Seller, Buyer agree to accept such damaged or destroyed Real Estate together with such insurance proceeds in lieu of the Real Estate in its present condition and Seller shall not be required to repair or replace same. SECTION 7. POSSESSION. If Buyer timely perForms all obligations, possession of the Real Estate shall be delivered to Buyer on or before December 31, 2018, or such other date as the parties may agree in writing with any adjustments of rent, insurance, and interest to be made as of the date of transfer of possession. SECTION 8. FIXTURES. All property that integrally belongs to or is part of the buildings on the Real Estate, whether attached or detached, such as light fixtures, shades, rods, blinds, awnings, windows, storm doors, screens, plumbing fixtures, water heaters, water softeners, automatic heating equipment, air conditioning equipment, wall to wall carpeting, built-in items and electrical service cable, outside television towers and antenna, fencing, gates and landscaping shall be considered a part of Real Estate and included in the sale. SECTION 9. TITLE AND LIEN SEARCH. Seller, at its expense, shall promptly obtain a title and lien search for the Real Estate and deliver it to Buyer for examination. It shall show merchantable title in Seller in conformity with this Agreement. SECTION 10. ABSTRACT. Seller, at its expense shall provide an abstract of title for the Real Estate to Buyer by April 1, 2019. SECTION 11. DEED. Upon payment of the purchase price, Seller shall convey the Real Estate to Buyer, by Warranty Deed, free and clear of all liens, restrictions, and encumbrances except as provided in 1 a. through 1 c. Any general warranties of title shall extend only to the time of acceptance of this offer, with special warranties as to acts of Seller continuing up to time of delivery of the deed. SECTION 12. TIME IS OF THE ESSENCE. Time is of the essence in this contract. SECTION 13. REMEDIES OF THE PARTIES 13.1 If Buyer fails to timely perform this contract, Seller may forFeit it as provided in the lowa Code, and all payments made shall be forFeited or, at Seller's option, upon thirty days written notice of intention to accelerate the payment of the entire balance because of such failure (during which thirty days such failure is not corrected) Seller may declare the entire balance immediately due and payable. Thereafter this contract may be foreclosed in equity and the Court may appoint a receiver. 13.2 If Seller fails to timely perform this contract, Buyer has the right to have all payments made returned to it. 13.3 Buyer and Seller also are entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. 2 SECTION 14. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply to and bind the successors in interest of the parties. SECTION 15. CONSTRUCTION. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. SECTION 16. TIME FOR ACCEPTANCE. If this offer is not accepted by Seller on or before December 12, 2018 it shall become void and all payments shall be repaid to the Buyer. SECTION 17. OTHER PROVISIONS. 17.1 The Offer is subject to final approval of the City Council of the City of Dubuque, lowa in its sole discretion. 17.2 Buyer, its counsel, accountants, agents and other representatives, shall have full and continuing access to the Real Estate and all parts thereof, upon reasonable notice to Seller for the purpose of inspecting, surveying, engineering, test boring, performance of environmental tests and such other work as Buyer shall consider appropriate, provided that Buyer shall hold Seller harmless and fully indemnify Seller against any damage, claim, liability or cause of action arising from or caused by the actions of Buyer, its agents, or representatives upon the Real Estate or the Donated Real Estate (except for any damage, claim, liability or cause of action arising from conditions existing prior to any such entry upon the Real Estate), and shall have the further right to make such inquiries of governmental agencies and utility companies, etc. and to make such feasibility studies and analyses as Buyer considers appropriate. 17.3 Seller warrants that the rights of all tenants shall be terminated by Seller prior to closing and that there will be no tenants whose rights in the Real Estate survive the closing. This covenant shall survive the closing. 17.4 Until ten (10) days prior to closing, Buyer shall have the right to terminate this agreement if environmental issues exist on the Real Estate or the Donated Real Estate that Buyer determines in its sole discretion do not permit Buyer to use the Real Estate or the Donated Real Estate for their intended use. Prior to terminating this Agreement pursuant to this section, Buyer shall offer Seller the opportunity to remediate the Real Estate or the Donated Real Estate to the satisfaction of Buyer in its sole discretion and at Seller's sole �c.�S COSt. ��y, r�j l� �/ ��,�;v (�Y� V 17.5 Buyer agrees to recognize and memorialize the land donation in some^manner, to be determined in conjunction with Seller, in the memory of Wayne W. Anthony. 17.6 Buyer agrees to acknowledge receipt of the Real Estate on the appropriate Internal Revenue Service forms. 3 Dated: i}, /J 7 / ;j I I CITY OF DUBUQUE, IOWA By: --1----------- Mic el C. Van Milligen City Manager 4 THIS OFFER IS ACCEPTED Dated: !~/!i;//EL JEFFREY DEFOREST DAVIS REVOCABLE INTER VIVOS TRUST effrey Deforest Davis Seller _ _ _ _ - - � y,� . ,�� � _�\ ��� Z- .,� i d �P ' { \ � l .. � , ,ch��� � �� � „ � � . � � ���� � � � � �� �/ b'''i; . , • � � , '� �•♦ - ���- � � .,� � � --� �/'/ • �' �+ �� �� . _ Property Offered , ' . � � for ponation �� '. �;�' � ;: _ � _ Fa ' , r. , � • �c> -r..�M � :1 9�PA, . . 1 "\ O%j � �. �I�' � ' ." '\ g,�'� o 0��� .Ny ` + � e\ � � � "w �r,:. yti y ' � .�rf. • Y � '`. '+ � �` -� .'+' ' �. � . 1 1 .� { '�' Y � � � d M • �iy j"' . i �. 1V•t` ��'�. I �l ��*� p / r ✓ . . . ';` "'� .' � ' `r < r � '� � „ � i� � " , . _a yf� ! : . . � T`y :� �ry . . . . -e � `'" � . ` I - - - .. . _ - -- I----� ! t. . �� �,. 11.7Acre's �p +..�'• �*s�&�� t.� ------ - -1 , .\ \ �;, . ''1 � ��.��5 ,- ��� � Z � �, ' ' -� I , , C 4� , . - . � , . . , � �� ' " � � � f � ' ��''• I, •- � � ; � � - - � • , • .� . . . „ ; � � - - - � • . . — ( � . 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I\� ' . r I �,� €` . 8.'� . � �r � � +� s � ♦ ' . _,�' ' _ �� m V IlIlIlIIIII N n 11111 111111 Doc ID 010225130003 Type GEN Kind: TRUSTEE DEED Recorded: 12/26/2018 at 02:24:31 PM Fee Amt: $22.00 Page 1 of 3 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder File2O 18—OO®15 1 17 TRUSTEE WARRANTY DEED THE IOWA STATE BAR ASSOCIATION Official Form No. 107 Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Crenna Brumwell 300 Main Street, Suite 330, Dubuque, IA 52001 5637589-4381 Taxpayer Information: (Name and complete address) City of Dubuque, a municipal corporation 50 W. 13th Street Dubuque, IA 52001 Return Document To: (Name and complete address) Crenna Brumwell 300 Main Street, Suite 330 Dubuque, IA 52001 Grantors: Grantees: The Jeffrey DeForest Davis City of Dubuque Revocable Inter Vivos Trust Dated July 19, 1990 Legal description: See Page 2 Document or instrument number of previously recorded documents: © The Iowa State Bar Association 2018 IOWADOCS® Itr� C7 -0E) CvAer14_ TRUSTEE WARRANTY DEED s� �o (INTER-VIVOS TRUST) �CIA'TS For the consideration of donative intent and ($0.00) other valuable consideration, Jeffrey DeForest Davis, Trustee Dollar(s) and (Trustee) (Co -Trustees) of the The Jeffrey DeForest Davis Revocable Inter Vivos Trust Dated July 19, 1990 does hereby convey to City of Dubuque, a municipal corporation real estate in Dubuque County, Iowa: the following described Lots 5, 10, and 11 in Potter's Shiras Avenue Place in the City of Dubuque, Iowa according to the recorded Plat thereof, subject to zoning, easements, covenants, and restrictions of record. This deed is exempt according to Iowa Code 428A.2(21) The grantor hereby covenants with grantees, and successors in interest, that grantor holds the real estate by title in fee simple; that grantor 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 grantor covenants to warrant and defend the real estate against the lawful claims of all persons, except as may be above stated. The grantor further warrants to the grantees all of the following: That the trust pursuant to which the transfer is made is duly executed and in existence; that to the knowledge of the grantor the person creating the trust was under no disability or infirmity at the time the trust was created; that the transfer by the trustee to the grantees is effective and rightful; and that the trustee knows of no facts or legal claims which might impair the validity of the trust or the validity of the transfer. Words and phrases herein, including the acknowledgment hereof, shall be construed as in the singular or plural num er, a®ceding to the context. Dated /9-,/ / / r . The Jeffrey DeForest Davis Revocable Inter Vivos Trust Dated July 19, 1990 DeForest 1 avis, Trustee As (Trustee) (Co -Trustee) of the above -entitled trust As (Trustee) (Co -Trustee) of the above -entitled trust © The Iowa State Bar Association 2018 Form No. 107, Trustee Warranty Deed (Inter-Vivos Trust) IowaDocs® Revised June 2017 Acknowledgment for Individual Trustee STATE OF FLORIDA , COUNTY OF COLLIER This record was acknowledged before me on %Z-- / 2O!8, by- As (Trustee) (Co -Trustee) of the above entitled trust. .���'';; BELINDA LOPEZ '`�� `"�' Signature of Notar :° `�: Notary Public -State of Florida g y • •= Commission # FF 197684 tr ,; 111_,. My Comm. Expires Feb 15, 2019 (i '''' ti, Bonded through National Notary Assn. I STATE OF , COUNTY OF This record was acknowledged before me on , by As (Trustee) (Co -Trustee) of the above entitled trust. Signature of Notary Public Acknowledgment for Corporate Trustee STATE OF , COUNTY OF This record was acknowledged before me on , by as of As (Trustee) (Co -Trustee) of the above entitled trust. Signature of Notary Public STATE OF , COUNTY OF This record was acknowledged before me on , by as of As (Trustee) (Co -Trustee) of the above entitled trust. Signature of Notary Public © The Iowa State Bar Association 2018 Form No. 107, Trustee Warranty Deed (Inter-Vivos Trust) IowaDocs© 2 Revised June 2017