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Purchase of 3301 Roosevelt Avenue_Fondell Excavating_Water Tower ProjectMasterpiece on the Mississippi JAMES (TIM ) A. O'BRIEN, ESQ. ASSISTANT CITY ATTORNEY To: Jeanne Schneider City Clerk DATE: June 28, 2010 RE: Purchase of Property from Fondell Excavating, Inc. at 3301 Roosevelt Avenue for the Purpose of the Roosevelt Street Water Tower Project The City Council previously approved an agreement for the purchase of the property at 3301 Roosevelt Avenue from Fondell Excavating, Inc for the Roosevelt Street Water Tower Project. Enclosed for your file is the original recorded Warranty Deed and Groundwater Hazard Statement from Fondell Excavating, Inc. I will retain a copy of these documents in my file. Thank you. JAO:tls Enclosure cc: Bob Green, Water Department Manager MEMORANDUM raTA��, WARRANTY DEED (CORPORATE GRANTOR) THE IOWA STATE BAR ASSOCIATION Official Form No. 104 s bei t.S ° Recorder's Cover Sheet Preparer Information: (Name, address and phone number) James A. O'Brien, Suite 330 Harbor View Place 300 Main Street Dubuque, Iowa (563) 589-4381 Taxpayer Information: (Name and complete address) City of Dubuque, Iowa, 50 West 13th Street, Dubuque, Iowa 52001 Return Document To: (Name and complete address) James A. O'Brien, Suite 330 Harbor View Place 300 Main Street Dubuque, Iowa (563) 589 -4381 Grantors: Grantees: Fondell Excavating, Inc. City of Dubuque, Iowa Legal description: See Page 2 Document or instrument number of previously recorded documents: © The Iowa State Bar Association 2005 IOWADOCS® i Doc ID: 006789360002 Type WARRANTY DEED Recorded: 06/17/2010 at 11:03:52 AM Fee Amt: Revenue Tax: $2e 1 of 2 $28.80 Dubuque County Iowa Kathy Flynn Thurlow Recorder FI1e2010- 00008254 500 1' 0?;) City Clerk O THE IOWA fficial Form No. 04 R ASSOCIATION James A. O'Brien ISBA #000007005 FOR THIS FORM, CONSULT O YOUR LAWYER P sTArA, o . For the consideration Dollar(s) and other valuable Fondell Excavating, Inc. WARRANTY DEED (CORPORATE GRANTOR) of one consideration, a corporation organized and existing under the laws of Iowa does hereby Convey to the City of Dubuque, Towa the following described real Lot 1 of Orchard Park Place, The Corporation hereby estate by title in fee simple; the real estate is free and covenants to Warrant and be above stated. Words and phrases herein, plural number, according to Dated: estate in Dubuque County, Iowa: Plat thereof. that it holds the real the real estate; that be above stated; and it persons, except as may as in the singular or in the City of Dubuque, covenants with that it has good clear of all liens and Defend the real estate including acknowledgment the context. Iowa, according to the recorded grantees, and successors in interest, and lawful authority to sell and convey encumbrances, except as may against the lawful claims of all hereof, shall be construed Fondell Excavating, Inc. a(n) Iowa corporation R✓J'(-J By � STATE OF IOWA , COUNTY P Title, By Title OF Dubuque This instrume was acknowledged before by � t ai.v s.� S e-w 4 me on , as ? 11 Lt- of Fondell Excavating, Inc. a,,' L. JAMES p Commission • f My Comm. A. O'BRIEN Number 105785, Exp. NOV 42 0 /// '. Notary Public © The Iowa State Bar Association 2005 104 WARRANTY DEED (CORPORATE GRANTOR) IOWADOCS® Revised June 2005 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name Fondell Excavating, Inc. Address 2270 Crown Point Road Dubuque IA 52001 TRANSFEREE: Name City of Dubuque, Iowa Address 50 West 13th Street Dubuque IA 52001 N umber -- 1170WardC8treet or RR City, !own or P.U. uwwr111mmmmm11uiN11uuiimiiiiu Doc ID 006789370003 Type GWH Kind GROUNDWATER HAZARD Recorded: 06/17/2010 at 11:04:02 AM Fee Amt: $0.00 Pape 1 of 3 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2010_00001044 Number and Street or RR City, Town or P.O. State Zip State Lip Address of Property Transferred: 3301 Roosevelt Dubuque IA 52001 Number and Stree or RR City, Town, or P.O. State Zip Legal Description of Property: (Attach if necessary) Lot 1 of Orchard Park Place, in the City of Dubuque, Iowa, according to the recorded Plat thereof. 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. S lid 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) y 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. derground Storage Tanks (check one) U A 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) c O/O- a5y 5. Pr' ate 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) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Pr' ate Sewage Disposal System (check one) There are no known private sewage disposal systems on this property. ❑ There is a private sewage disposal system on this property. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. ❑ There is a private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. When the inspection is completed, an amended Groundwater Hazard Statement shall be recorded with the certified inspection and shall include the document numbers of both the real estate transfer document and the original Groundwater Hazard Statement. ❑ There is a private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. ❑ This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption: ❑ The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: Signature: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. FILE WITH RECORDER Telephone No.: - ' i C P9 DNR form 542 -0960 (June 26, 2009) Signature: GROUNDWATER HAZARD STATEMENT ATTACHMENT #1 NOTICE OF WASTE DISPOSAL SITE a. Solid Waste Disposal (check one) K. 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 or on an attached separate sheet, as necessary. b.. H ardous Wastes (check one) There is hazardous waste on this property and it is being managed in accordance with Department of Natural Resources rules. ❑ There is hazardous waste on this property and the appropriate response or remediation actions, or the need therefore, have not yet been determined. Further descriptive information: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Telephone No.: S63,-5d'- � _2 J FILE WITH RECORDER DNR form 542 -0960 - Attachment #1 (June 26, 2009) Masterpiece on the Mississippi Dubuque katal AA- AmerlcaCiry 1 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Purchase of Property from Fondell Excavating, Inc. at 3301 Roosevelt Avenue for the Purpose of the Roosevelt Street Water Tower Project DATE: June 16, 2010 Assistant City Attorney Tim O'Brien recommends City Council acceptance of the Warranty Deed from Fondell Excavating for the property located at 3301 Roosevelt Avenue that the City purchased for the purpose of the Roosevelt Street Water Tower Project. I 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 Tim O'Brien, Assistant City Attorney v Mic ael C. Van Milligen Masterpiece on the Mississippi JAMES (TIM) A. O'BRIEN, ESQ. ASSISTANT CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: June 16, 2010 Enclosure cc: Bob Green, Water Department Manager MEMORANDUM RE: Purchase of Property from Fondell Excavating, Inc. at 3301 Roosevelt Avenue for the Purpose of the Roosevelt Street Water Tower Project The City Council previously approved an agreement for the purchase of the property at 3301 Roosevelt Avenue from Fondell Excavating, Inc for the Roosevelt Street Water Tower Project. Enclosed is a copy of the Warranty Deed from Fondell Excavating, Inc. I recommend that the Deed and accompanying resolution accepting the Deed be submitted to the City Council for consideration and approval. F:\ USERS \tsteckle \O'Brien \Roosevelt Street Water Tower - Fondell Excavating\ MVM_ ResolutionAcceptingDeed _061610.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 Prepared by: James A. O'Brien 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381 Return to: James A. O'Brien 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381 RESOLUTION NO. 199-10 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM FONDELL EXCAVATING, INC. WHEREAS, the City of Dubuque entered into an Agreement with Fondell Excavating, Inc. for the purchase of the property at 3301 Roosevelt Avenue, Dubuque, Iowa, for the purpose of the Roosevelt Street Water Tower Project, legally described as: Lot 1 of Orchard Park Place, in the City of Dubuque, Iowa, according to the recorded Plat thereof. 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 Warranty Deed from Fondell Excavating, Inc., attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Warranty Deed with the Dubuque County Recorder. Passed, approved and adopted this 21 s tday of June , 2010. Jeanne F. Schneider, City Clerk Roy D : uol, Mayor as*' WARRANTY DEED (CORPORATE GRANTOR) r THE IOWA STATE BAR ASSOCIATION CI �� Official Form No. 104 Recorder's Cover Sheet Preparer Information: (Name, address and phone number) James A. O'Brien, Suite 330 Harbor View Place 300 Main Street Dubuque, Iowa (563) 589 -4381 Taxpayer Information: (Name and complete address) City of Dubuque, Iowa, 50 West 13th Street, Dubuque, Iowa 52001 Return Document To: (Name and complete address) James A. O'Brien, Suite 330 Harbor View Place 300 Main Street Dubuque, Iowa (563) 589 -4381 Grantors: Grantees: Fondell Excavating, Inc. City of Dubuque, Iowa Legal description: See Page 2 Document or instrument number of previously recorded documents: ® The Iowa State Bar Association 2005 IOWADOCSO THE IOWA STATE BAR ASSOCIATION I Official Form No. 104 James A. O'Brien ISBA #000007005 I FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER .ao"' For the consideration of one Dollar(s) and other valuable consideration, Fondell Excavating, Inc. a corporation organized and existing under the laws of Iowa does hereby Convey to the City of Dubuque, Iowa Dated: WARRANTY DEED (CORPORATE GRANTOR) the following described real estate in Dubuque County, Iowa: Lot 1 of Orchard Park Place, in the City of Dubuque, Iowa, according to the recorded Plat thereof. The Corporation hereby covenants with grantees, and successors in interest, that it holds the real estate by title in fee simple; that it 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 it covenants to Warrant and Defend the real estate against the lawful claims of all persons, except as may be above stated. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, according to the context. Fondell Excavating, Inc. a(n) Iowa corporation By Title By Title STATE OF IOWA , COUNTY OF Dubuque This instrument was acknowledged before me on by as of Fondell Excavating. Inc. Notary Public ® The Iowa State Bar Association 2005 IOWADOCS® 104 WARRANTY DEED (CORPORATE GRANTOR) Revised June 2005