Inland Protien_Water Pollution Control Plant Acceptance of Warrant DeedMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Water Pollution Control Plant Acceptance of Warranty Deed
DATE: May 27, 2010
City Engineer Gus Psihoyos recommends City Council approval of a resolution
accepting the warranty deed from Inland Protein Corporation for the purchase of land
necessary for the Water Pollution Control Plant improvements.
concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
Mic ael C. Van Milligen
Dubuque
bititi
All- Ametica City
1 1 1 f
2007
Masterpiece on the Mississippi
TO:
FROM:
DATE:
SUBJECT:
INTRODUCTION
Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer
May 27, 2010
Water Pollution Control Plant
Acceptance of Warranty Deed
Enclosed is a resolution accepting a warranty deed for the purchase of land necessary
for the Water Pollution Control Plant improvements.
BACKGROUND
Dubuque
kattd
All -4meria city
1111 1
2007
In May, 2007, Strand Associates (Madison, Wisconsin) was selected to prepare the
Facility Plan for the Water Pollution Control Plant (WPCP). Then, in October, 2008, the
team of Strand Associates (Strand) and IIW Engineers & Surveyors, PC (IIW)
proceeded with the WPCP upgrades based on the concepts developed during the
facility planning process.
DISCUSSION
The Engineering staff has determined that it is necessary to acquire property on the
west side of the Water Pollution Control Plant owned by Inland Protein Corporation for
the proposed construction. This one -acre parcel includes 95 feet of frontage on Julien
Dubuque Drive for a new access to the plant. Enclosed is the following warranty deed:
Owner Legal Description
Inland Protein Corporation Lot 2 of Inland Molasses Place No. 2 in the City
of Dubuque, Dubuque County, Iowa
RECOMMENDATION
recommend adoption of the enclosed resolution accepting the deed.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution accepting the warranty
deed from Inland Protein Corporation.
Prepared by Ron Turner, PLS
cc: Steve Sampson Brown, Project Manager
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563) 589 -4270
Return to: Ronald J. Turner, City of Dubuque, 50 W. 13" Street, Dubuque, IA 52001 (563) 589 -4270
RESOLUTION NO. 166 -10
ACCEPTING THE WARRANTY DEED TO LOT 2 OF INLAND MOLASSES PLACE NO. 2 IN
THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA FROM INLAND PROTEIN
CORPORATION)
Whereas, the City of Dubuque entered into an Acquisition Agreement dated May 19,
2010 with American Protein Corporation aka Inland Protein Corporation to purchase Lot 2 of
Inland Molasses Place No. 2 in the City of Dubuque, Dubuque County, Iowa for the construction
of certain improvements to the City's Water Pollution Control Plant; and
Whereas, all of the conditions of the Acquisition Agreement have been met.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of,
accepts, and consents to the Warranty Deed from Inland Protein Corporation, a copy of which is
attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and
acknowledge on behalf of the City of Dubuque any instruments in connection herewith.
Passed, adopted and approved this 7 th day of June , I 10.
Att t:
anne F. Schneider, CMC, City Clerk
Roy D. Buol,' Mayor
• STA
Warranty Deed
(Corporate/Business Entity Grantor)
• THE IOWA STATE BAR ASSOCIATION
sso ; � � Official Form #335
cIta Recorder's Cover Sheet
Preparer Information: (Name, address and phone number)
Barry A. Lindahl Suite 330, 300 Main Street, Dubuque, IA 52001 (563) 583 - 4113
Taxpayer Information: (Name and complete address)
Ken TeKippe, City of Dubuque Finance Director, 50 West 13th Street, Dubuque, IA 52001
Return Document To: (Name and complete address)
Barry A. Lindahl Suite 330, 300 Main Street, Dubuque, IA 52001
Grantors: Grantees:
Inland Protein Corporation City of Dubuque, Iowa
Legal description: See Page 2
Document or instrument number of previously recorded documents:
O The Iowa State Bar Association 2005
IOWADOCSO
THE IOWA STATE BAR ASSOCIATION
Official Form No. 335
Barry A. Lindahl ISBA #000006899
FOR THE LEGAL EFFECT OF THE USE OF
THIS FORM, CONSULT YOUR LAWYER
STA
P TE
.5
9
ss o cr0 8 (3
For the consideration
valuable consideration, Inland
Warranty Deed
(Corporate/Business Entity Grantor)
of one Dollar(s) and other
Protein Corporation
,
a(n) corporation organized
and existing under
Dubuque, Iowa
the laws of Iowa does hereby Convey to City of
the following described real estate in Dubuque County, Iowa:
Lot 2 of Inland Molasses Place No. 2 in the City of Dubuque, Dubuque County,
The grantor hereby covenants with grantees, and successors in interest,
estate by title in fee simple; that it has good and lawful authority to sell and convey
the real estate is free and clear of all liens and encumbrances, except as may
covenants to Warrant and Defend the real estate against the lawful claims of
may be above stated.
Words and phrases herein, including acknowledgment hereof, shall be
gular or plural number, according to the context.
Dated: OS (2`Vl0
Iowa
that it holds the real
the real estate; that
be above stated; and it
all persons, except as
construed as in the sin-
,
STATE OF Iowa
Inland Protein Corporation
a(n) Iowa Corporation
By )- - - - (L .--
By
, COUNTY OF Dubuque
( 261 0,
This instrume t wa,s,acknowledged
by L kLS'
before me on this N.
u. —c-
as T Q.r✓s (l K'-
of Inland Protein Corporation - - .
�, �, BETH
4 e ,
2 f My Commission
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A. SAXTON __ 4
sionNumber
Exp Ii'�lIi��lls.� , Notary Public
June 17, 2012 - '71.240
® The Iowa State Bar Association 2005 335 WARRANTY DEED (CORPORATE/BUSINESS ENTITY DEED)
IOWADOCS® Revised June 2005
REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT
TO BE COMPLETED BY TRANSFEROR
TRANSFEROR:
Name Inland Protein Corporation
Address 2425 Southeast Oak Tree Court Ankeny Iowa 50021
Number and Street or RR
TRANSFEREE:
Name City of Dubuque, Iowa
City, Town or P.O.
Address 50 West 13th Street Dubuque Iowa 52001
• ..
own or
m.eran. ee or
Address of Property Transferred:
1300 Inland Lane Dubuque Iowa 52003
Number and Street or NN
Y.
City, Town, or P.O.
State Zip
State Zip
Legal Description of Property: (Attach if necessary) Lot 2 of Inland Molasses Place No. 2 in the City of
Dubuque, Dubuque County, Iowa
1. Wells (check one)
® There 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 or set forth on an attached separate sheet, as necessary.
2. Solid Waste Disposal (check one)
❑ There is no known solid waste disposal site on this property.
❑ There is a solid waste disposal site on this property and information related thereto is provided
in Attachment #1, attached to this document.
3. Hazardous Wastes (check one)
El There is no known hazardous waste on this property.
❑ There is hazardous waste on this property and information related thereto is provided in
Attachment #1, attached to this document.
4. Underground Storage Tanks (check one)
RI 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 or on an attached separate sheet, as necessary.
FILE WITH RECORDER DNR form 542 -0960 (June 26, 2009)
PREPARED BY IIW ENGINEERS &
CAP NO.
4850
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CAP NO.
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CAP NO.
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SEC. 6
UI E BEARING
L1 S86'02'51 "E
L2 SO0'02'30 "W
L3 N86'09 "W
L4 N06'25'21 "W
L5 N00'02'10 ° W
L6 S4530'25 "W
L7 N86'01'38 "W
CURVE LENGTH
C1 27.77' (27.
C2 512.31' (511.
C3 172.51' (172.
C4 199.17' (199.
C5 82.51'
C6 456.25' (456
C6A 428.96'
C68 27.28'
73')
99')
55')
31')
SURVEYORS P.C.
FINAL PLAT
INLAND MOLASSES PLACE NO. 2
IN THE CITY OF DUBUQUE, IOWA
ENGT
LH
134.69' (134.88')
65.98' (66.17') 1
71.22' (71.30') r
7.07' (7.05')
76.45' (76.38')
73.51'
68.26' (68.25')
RADIUS DELTA
184.35' 06'37'47"
605.96' 48'26'26'
253.50' 38'59'28"
160.30' 71'11'17"
250.35' 18'53'02"
.22') 539.96' 48'24'46
539.96' 45'31'04"
539.96' 02'53'41"
DESCRIPTION: LOT 2 OF LOT 1 OF INLAND MOLASSES
PLACE IN THE CITY OF DUBUQUE, IOWA
PROPRIETOR: INLAND PROTEIN CORPORATION
SURVEYED FOR: CITY OF DUBUQUE
DATE SURVEYED: MAY, 2010
TOTAL AREA SURVEYED: 9.974 ACRES
646.0
S83'32'47 "W 689.06' (689.04')
CNPACIFIC RAI ROADND
FOR IIW ENGINEERS & SUR YOBS, P.C.
JOHI1 N. I ER
LICENSE NO. 12631
PAGES OR SHEETS COVERED BY THIS SEAL SHEETS 1 & 2
4155 PENNSY AVE, DUBUQUE, IOWA, (563) 556 -2464
`Oj 1 OFpSSES P�pCE
1N�pNO 1401 NO
CZ
CHORD
N50'07'17 "E
N69'43'42 "E
N13'03'30 ° E
NO3'04'57 ° W
554'56'56 "W
S69'42'1 4-W
S68'15'24 "W
N87'32'13 "W
CAP
27.74'
497.19'
169.20'
186.60'
82.14'
442.79'
417.77'
27.28'
0
DA TTFEl/ / la
M LICENSE RENEWAL DATE IS 12/31/2010
•
L1
I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED
AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY
DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY UCENSED LAND
SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA.
AP
cy
LOT 2 OF 2 INLAND PLACE
MOLASSES
L3 NO -
CAP
0
N
0
0
m
43.0
NO
CAP _
DRAWN ARC
CHECKED JMT
DATE
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NO
CAP
`Oj 1 OF pLP E
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1 OF L04 1 OF
rIg. OF pCt10Cp� 1S88N, R3E
14 NE4ROFSE.6,
NW 1'
NORTH
GRAPHIC SCALE
200 400
1"=200'
DETAIL
NO SCALE DRAWING MAY HAVE BEEN REDUCED
LEGEND
PLAT BOUNDARY
FOUND 5/8" IRON
ROD AS NOTED
O SET 5/8" IRON ROD
W/ CAP NO. 12631
( ) RECORD INFORMATION
NOTE
THIS SURVEY IS SUBJECT TO
EASEMENTS, RESERVATIONS,
RESTRICTIONS AND RIGHTS -OF -WAY
OF RECORD AND NOT OF RECORD.
I1W ENGINEERS &
SURVEYORS, P.C.
INTEGRITY. EXPERTISE. SOLUTIONS
DUBUQUE.IA HAZEL ORWEN. WI
4155 PENNSYLVANIA AVE. DUBUQUE, IA 52002
VOICE (5631 5562464 FAX (563) 5561811
44.w 67,41,6 coo
PLAT NO. 23 -IA -10
PROJ. NO. 08146 -02
05 -04 -10 SHEET 1 of 2
P: \08 \146 \146 -02 \DWG \CVL \08146 -02L
REAL ESTATE TRANSFER - DECLARATION OF VALUE
Please read the filing instructions BEFORE completing this form. If this transaction is exempt, you may not be required
to complete this form. To enter information, use the "Tab" key to move to each data field.
PART I - TO BE COMPLETED BY BUYER, SELLER, OR AGENT
(Please Type or Print Legibly) Social Security No.
SELLER - Name Inland Protein Corporation (or Federal I.D. No.) 42- 1499638 -
Address 2425 Southeast Oak Tree Court Ankeny Iowa 50021
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 Dubuque Iowa 52001
Number and Street or Rural Route City, Town or Post Office Stale
Address of Property Conveyed 1300 Inland Lane Dubuque Iowa 52003
Number and Street or Rural Route City, Town or Post Office State Zip
Legal Description of Property Lot 2 of Inland Molasses Place No. 2 in the City of Dubuque, Dubuque County, Iowa
If this is a sale of AGRICULTURAL LAND to one of the following persons or entities, please check (x ) the appropriate box.
Corporation Trust Alien ENon - Resident Alien ELimitedPartnership
Declaration of Value Statement
1. Total Amount Paid $
2. Amount Paid for Personal Property (See Instructions) $
3. Amount Paid for Real Property Only (1 minus 2) $
4. Contract Sale Information - Please See Instructions
Down Payment $ A Interest Rate % A Monthly Payment
Length of Contract years - Balloon Payment Date (if applicable)
SALES CONDITIONS
Check ( x ) ALL of the following that apply to this sale:
Sale Between Family Members (See Instructions) Assignment of Contract (Explain Below) Auction Sale
Sale to/by Public Utility Sale to/by Exempt Organization Condominium Sale
Court Ordered Sale Quit Claim Deed Purchase of Adjoining Land
Fulfillment of Prior Year Contract Sale to/by Government Land to be Operated as a Unit
Transfer of Partial Interest Sheriff or Tax Sale Forced Sale (Explain Below)
Exchange for Other Property ("Trade ") Corporate Merger or Reorganization Mobile Home
Improvements Made or Buildings Removed After January 1 of the Year of the Sale but Prior to the Actual Date of Sale or Transfe
DESCRIBE ANY OTHER UNUSUAL OR SPECIAL FACTS OR CIRCUMSTANCES RELATING TO THIS SALE.
NOTICE: If property upon which a homes
person selling or transf
I HEREBY DECLARE
Date of Instrument
Date of Recording
DA Contract Deed❑
Classification of Property
AGRICULTURAL REALTY
(1) DImproved Farm Dowelling
(2) OUnimproved Farm
EJ Lot Assessed As Unplatted Land
D Partlal Assessment
F Ids of op
Assessor Comments
APPROVED BY IDR
Illl�
El
r military exemption has been claimed is sold, the
give writte- notice to the assessor
ON CO INED IN PART 1 OF THIS FORM IS TRUE AND CORRECT.
Telephone Number (1 ) 5B9- 4770
(Buyer OR Seller OR Agent)
PART 11 - TO BE COMPLETED BY RECORDER
- Book (or Instrument
Identification)
Real Estate Transfer Tax Pald
INDUSTRIAL 1
(1) DLot& Bldgs.
(2) IDVacant Bldgs.
(3) DVacant Lot
DEPARTMENT OF REVENUE
City or Township
County
PART 111 - TO BE COMPLETED BY ASSESSOR
(1) ❑Urban
COMMERCIAL 1 1
(1) DBusIness
(2) DOffice
(3) ElApartment
(4) IDOther
(5) DVacant Bldg.
(6) IDVacant Lot
SALES CONDITIONS
Fulfillment of Prior Year Contract DAssignment of Contract
Elate of Portion of Property ( "Split ") DOther (Explain Below)
IA
I. lc ID IE IF
I n H 11 IJ
( For Dept. of Revenue Use Only
IK IL
IM
88,518.00 _
88,518.00
$
•
- Page (or Instrument
Identification)
(2) ❑Rural
•
•
1 I
Zip
RESIDENTIAL
(1) p Single - Family DwIg.
(2) IDTwo- Family DwIg.
(3) O lmpr. Vacant Lot
(4) QUnimpr. Vacant Lot
(5) DVacant DwIg.
Story Height
Age of Dwelling
Change in Use (Explain Below)
NOTE: ASSESSED VALUE
SHOWN MUST BE AS OF
JANUARY 1, OF THE YEAR IN
WHICH THE SALE OCCURRED
LAND
$
Assessment Data
BLDGS.
$
TOTAL
SALES RATIO
%