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Acceptance of Warranty Deed from Hendricks Feed & Seed Co., Inc.
City of Dubuque City Council Meeting Consent Items # 16. Copyrighted October 18, 2021 ITEM TITLE: Acceptance of Warranty Deed from Hendricks Feed & Seed Co., Inc. Property SUMMARY: City Manager recommending approval of a Resolution accepting the Warranty Deed for 880 and 898 Central Avenue from Hendricks Feed & Seed Co., Inc. RESOLUTION Accepting the Deed to Real Estate owned by Hendricks Feed & Seed Co., Inc. in Dubuque County, Iowa SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type Hendricks Feed and Seed Acceptance of Warranty City Manager Memo Deed-MVM Memo Memo Staff Memo Resolution Accepting Deed Resolutions Deed Supporting Documentation THE C DUjIBQTE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque WAWca 914 ii 2007-2012.2013 2017*2019 SUBJECT: Acceptance of Warranty Deed from Hendricks Feed & Seed Co., Inc. Property DATE: October 8, 2021 Senior Counsel Barry Lindahl recommends City Council approval of a Resolution accepting the Warranty Deed for 880 and 898 Central Avenue from Hendricks Feed & Seed Co., Inc. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:jh Attachment CC' Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Barry Lindahl, Senior Counsel THE C DUjiBaFE Masterpiece on the Mississippi BARRY A. LINDAHL, ESQ. SENIOR COUNSEL MEMO To: Michael C. Van Milligen City Manager DATE: October 6, 2021 Dubuque All•Merica Cif M1.tiift'�Al.i A'A'.If-,v. AA- 2007-2012.2013 2017*2019 RE: Acceptance of Warranty Deed from Hendricks Feed & Seed Co., Inc. Property The City and Hendricks Feed & Seed Co, Inc. closed on the purchase of the property at 880 and 898 Central Avenue on September 24, 2021. Attached is a Resolution accepting the Warranty Deed from Hendricks Feed & Seed Co, Inc. I recommend that the Resolution be submitted to the City Council for consideration and adoption. BAL:JLM Attachments cc: Crenna Brumwell, City Attorney OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL balesq@cityofdubuque.org Prepared by: Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, Iowa 52001 Telephone: (563) 589-4113 Return To: Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, Iowa 52001 Telephone: (563) 589-4113 RESOLUTION NO. 355-21 ACCEPTING THE DEED TO REAL ESTATE OWNED BY HENDRICKS FEED & SEED CO., INC. IN DUBUQUE COUNTY, IOWA Whereas, Hendricks Feed & Seed Co., Inc. was the owner of the following real property (the Real Estate): City Lot 279, 280, 280A, 281, 282, 326, 327, 328 and the North 26.2 feet of City Lot 325, according to the United States Commissioners Map of the Town of Dubuque, Iowa and Whereas, the City of Dubuque entered into an Offer to Buy Real Estate and Acceptance to purchase the Real Estate from Hendricks Feed & Seed Co., Inc., subject to the approval by the City Council; and Whereas, the City Council approved the Offer to Buy Real Estate and Acceptance; and Whereas, all the terms and conditions of the Offer to Buy Real Estate and Acceptance have been completed and Hendricks Feed & Seed Co., Inc. has delivered a Warranty Deed to the City for the Real Estate, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby accepts the Warranty Deed to the Real Estate from Hendricks Feed & Seed Co., Inc. Passed, approved and adopted this 18th day of October, 2021. J"' U/, .Z Roy D. B I, Mayor Attest: Adrienne N. Breitfelder, City Clerk Doc ID: 010828350003 Type: GEN Kind: WARRANTY DEED Recorded: 09/24/2021 at 01:33:49 PM Fee Amt: $2,739.60 Paqe 1 of 3 Revenue Tax: $2,717.60 Dubuque County Iowa John Murphy Recorder Fi1e2021-00015906 Return To: City of Dubuque, Iowa, Attn: Barry A. Lindahl, Esq., Senior Counsel, Suite 330, Harbor View Place, 300 Main St., Dubuque, IA 52001 Taxpayer: City of Dubuque, Iowa, Attn: Barry A. Lindahl, Esq., Senior Counsel, Suite 330, Harbor View Place, 300 Main St., Dubuque, IA 52001 Preparer: Joseph P Kane, 2100 Asbury Rd. Suite 2, Dubuque, IA 52001, Phone: (563) 582- 7980 p WARRANTY DEED i (CORPORATE/BUSINESS ENTITY GRANTOR) �pf�C"IA`Tl�, For the consideration of Ten Dollar(s) and other valuable consideration, Hendricks Feed & Seed Co., Inc., an Iowa business corporation, does hereby Convey to City of Dubuque, Iowa, an Iowa municipal corporation, the following described real estate in Dubuque County, Iowa: TRACT I. The Northerly 35 feet 2 inches of Lot 327 in the City of Dubuque, Iowa, according to the United States Commissioners' Map thereof. TRACT II. The Northerly 26 feet of Lot 328 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town of Dubuque, Iowa. TRACT III. The North 26 feet & 2 inches of Lot 325 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town (now City) of Dubuque, Iowa. TRACT IV. The Southerly 25 feet 2 inches of Lot 328 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town of Dubuque, Iowa. � 7 l`Jv�U• c sec �. TRACT V. The southerly 25 feet of Lot 326 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town of Dubuque, Iowa. TRACT VI. The Northerly 26 feet of Lot 326, and, The Southerly 16 feet in width of Lot 327, in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town of Dubuque, Iowa. TRACT VII. City Lot 280A, in the City of Dubuque, Iowa, according to the recorded Plat thereof. TRACT VIII. Lot 279 in the City of Dubuque, Iowa, according to the United States Commissioners' Map thereof. TRACT VIIII. Lot 280 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town of Dubuque, Iowa. Subject to Party Wall Agreement; also, Lots 281 and 282 in City of Dubuque, Iowa, according to the recorded Survey thereof recorded in Book of Plats #18, page 305, records of Dubuque County, Iowa. The grantor 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. Dated: 0 e2- W'- / Hendricks Feed & Seed Co., Inc., an Iowa business corporation r/ By , William H. Hendricks, Jr. P ent ©The Iowa State Bar Association 2021 Form No. 335, Warranty Deed — Corporation/Business Entity Grantor IowaDocs® Revised January 2016 STATE OF IOWA, COUNTY OF DUBUQUE This record was acknowledged before me on 24 26?w , by William H Hendricks, Jr., as President of Hendricks Feed & Seed Co., Inc., an Iowa business corporation. Signa re of Notary Public A 92MM Aw OThe Iowa State Bar Association 2021 Form No. 335, Warranty Deed — Corporation/Business Entity Grantor IowaDocs® Revised January 2016 Doc ID: 010828360003 Type: GWH Kind: GROUNDWATER HAZARD Recorded: 09/24/2021 at 01:36:09 PM Fee Amt: $0.00 Paqe 1 of 3 Dubuque County Iowa John Murphy Recorder File2021-00001876 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name: Hendricks Feed & Seed Co., Inc. Address: 880 Central Avenue, Dubuque, Iowa 52001 TRANSFEREE: Name: City of Dubuque, Iowa Address: 50 West 13th Street, Dubuque, Iowa 52001 Address of Property Transferred: 880-898 Central Avenue, Dubuque, Iowa 52001 Legal Description of Property: (Attach if necessary) TRACT I. The Northerly 35 feet 2 inches of Lot 327 in the City of Dubuque, Iowa, according to the United States Commissioners' Map thereof. TRACT II. The Northerly 26 feet of Lot 328 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town of Dubuque, Iowa. TRACT III. The North 26 feet & 2 inches of Lot 325 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town (now City) of Dubuque, Iowa. TRACT IV. The Southerly 25 feet 2 inches of Lot 328 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town of Dubuque, Iowa. TRACT V. The southerly 25 feet of Lot 326 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town of Dubuque, Iowa. TRACT VI. The Northerly 26 feet of Lot 326, and, The Southerly 16 feet in width of Lot 327, in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town of Dubuque, Iowa. FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) ao--�l—/Sgoe, TRACT V 11. City Lot 280A, in the City of Dubuque, Iowa, according to the recorded Plat thereof. TRACT VIII. Lot 279 in the City of Dubuque, Iowa, according to the United States Commissioners' Map thereof. TRACT VIIII. Lot 280 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town of Dubuque, Iowa. Subject to Party Wall Agreement; also, Lots 281 and 282 in City of Dubuque, Iowa, according to the recorded Survey thereof recorded in Book of Plats #18, page 305, records of Dubuque County, Iowa. 1. Well check one) ET 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 ydaste 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. Haza ous Wastes (check one) 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. Uncle round Storage Tanks (check one) 7C�'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. S. Priva "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. Private Sewage Disposal System (check one) All buildings on this property are served by a public or semi-public sewage disposal system. ❑ This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. ❑ There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. 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 building served by 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. ❑ There is a building served by private sewage disposal system on this property. The buyer has executed a FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. ❑ There is a building served by 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. [Exemption #9] ❑ This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: ❑ 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: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: &0A '�� Telephone No.: 563/556-1401 (Transferor) FILE WITH RECORDER DNR form 542-0960 (July 18, 2012)