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Purchase of Property_Hwy 151/61 Development LLC, SB Development LLCMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque hitti All- Amedcaeity 2007 SUBJECT: Purchase of Property from Hwy 151 & 61 Development, LLC, and SB Development, LLC, for additional Right -of -Way for the Bee Branch Project Across from the Former Dubuque Pack Site DATE: July 21, 2010 The City Council, at its July 19, 2010 City Council meeting, approved Amendment No. 4 to Development Agreement between the City of Dubuque and Hwy 151 & 61 Development LLC, for the acquisition of right -of -way from Hwy 151 & 61 Development LLC, and SB Development, LLC, for the Bee Branch Sewer Project. The City closed on the acquisition of the property on July 20, 2010. City Attorney Barry Lindahl recommends City Council acceptance of the Warranty Deeds from Hwy 151 & 61 Development, LLC, and SB Development, LLC. 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 Mi ael C. Van Milii " 9 en THE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi BARRY LINDAH CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: July 21, 2010 RE: Purchase of Property from Hwy 151 & 61 Development, LLC, and SB Development, LLC, for Additional Right -of -Way for the Bee Branch Project Across from the Former Dubuque Pack Site The City Council at its July 19, 2010 City Council meeting approved Amendment No. 4 to Development Agreement between the City of Dubuque and Hwy 151 & 61 Development, LLC, for the acquisition of right -of -way from Hwy 151 & 61 Development, LLC, and SB Development, LLC, for the Bee Branch Sewer Project . We closed on the acquisition of the property on July 20, 2010. Enclosed are copies of the Warranty Deeds from Hwy 151 & 61 Development, LLC, and SB Development, LLC. I recommend that the Warranty Deeds and accompanying resolutions accepting the deeds be submitted to the City Council for consideration and approval. BAL:tls Attachment cc: Dave Heiar, Economic Development Director F: \USERS \tsteckle \Lindahl \Hwy 151 & 61 Development\ MVM_ ResolutionAcceptingDeeds _072110.doc 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 IA 52001 563 583 -4113 Return to Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113 RESOLUTION NO. 285-10 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM HWY 151 & 61 DEVELOPMENT, LLC WHEREAS, the City of Dubuque entered into an Agreement with Hwy 151 & 61 Development, LLC for the purchase of the following described real property in Dubuque County, Iowa: Lot 1 of Riverview Plaza; Lot 316, Lot 355 and Lot 2 -354 of East Dubuque No. 2 in the City of Dubuque, Iowa (the "South Lots ") 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 Hwy 151 & 61 Development, LLC, 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 2 day of August, 2010. Attest: Jeanne F. Schneider, City Clerk Roy D. I aol, Mayor F: \USERS \tsteckle \Lindahl \Hwy 151 & 61 Development \Hwy 151 & 61 Closing\ ResolutionAcceptingRealEstate _072010.doc '5.fr iCANI N Warranty Deed (Corporate /Business Entity Grantor) THE IOWA STATE BAR ASSOCIATION Official Form #335 Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Brian J. Kane, 2100 Asbury Road, Suite 2, Dubuque, IA 52001, Phone: (563) 582 - 7980 Taxpayer Information: (Name and complete address) City of Dubuque 300 Main Street Dubuque, IA 52001 Return Document To: (Name and complete address) City of Dubuque 300 Main Street Dubuque, IA 52001 Grantors: Grantees: Hwy 151 & 61 Development, LLC City of Dubuque, Iowa Legal description: See Page 2 Document or instrument number of previously recorded documents: © The Iowa State Bar Association 2005 IOWADOCS® THE IOWA STATE BAR ASSOCIATION Official Form No. 335 Brian J. Kane FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER 61,1"/4 y r, Warranty Deed X 1 1 • � \ � I � , ! (Corporate /Business Entity Grantor) ()(.l %:0 For the consideration of ten ($10.00) Dollar(s) and other valuable consideration, Hwy 151 & 61 Development, LLC , a(n) limited liability company organized and existing under the laws of Iowa does hereby Convey to City of Dubuque, Iowa, a municipal corporation the following described real estate in Dubuque County, Iowa: See attached Exhibit A. 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 sin- gular or plural number, according to the context. Dated: cJ U Ly /I d-o/0 j Hwy 151 & 61 Development, LLC , a(n) limited liability company By 1 & i k � �..4 ayne A. :kg -; 'resident ow Iui By 1) STATE OF IOWA , COUNTY OF DUBUQUE This instrument was acknowledged before me on this J 0 1 r i ? , )0 /D , by Wayne A. Briggs as President of Hwy 151 & 61 Development, LLC f BRIAN J. KANE Commission Number 125603 ma MY COMMISSION EXPIRES JANUARY 12, 2013 Al IW I% Notary Public r ® The Iowa State Bar Association 2005 335 WARRANTY DEED (CORPORATE /BUSINESS ENTITY DEED) IOWADOCS® Revised June 2005 EXHIBIT A Lot 1 of Riverview Plaza in the City of Dubuque, Iowa, according to the recorded plat thereof; and Lot 316, Lot 355 and Lot 2 -354 of East Dubuque No. 2 in the City of Dubuque, Iowa (together the "Real Estate ") The following uses are prohibited on the above described Real Estate: (a) Convenient store with gas sales; (b) Gas station; (c) Pharmacy; and (d) Quick service restaurant with ice cream, ice milk, frozen custard, frozen yogurt or similar such product sales (hereinafter "Ice Cream "), provided that the average for the brand of restaurant proposed has Ice Cream sales that are 20% or more of total sales for the average restaurant for that brand. Prepared by Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113 Return to Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113 RESOLUTION NO. 286-10 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM SB DEVELOPMENT, LLC WHEREAS, the City of Dubuque entered into an Agreement with SB Development, LLC for the purchase of the following described real property in Dubuque County, Iowa: Lot 1 of 354 in East Dubuque No. 2 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 SB Development, LLC, attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Warranty Deed with the Dubuque County Recorder. Attest: eanne F. Schneider, City Clerk Passed, approved and adopted this day of August, 2010. Roy D. tiol, Mayor F: \USERS \tsteckle \Lindahl \Hwy 151 & 61 Development \SB Development Closing\ ResolutionAcceptingRealEstate _072010.doc Warranty Deed (Corporate /Business Entity Grantor) THE IOWA STATE BAR ASSOCIATION Official Form #335 Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Brian J. Kane, 2100 Asbury Road, Suite 2, Dubuque, IA 52001, Phone: (563) 582 -7980 Taxpayer Information: (Name and complete address) City of Dubuque 300 Main Street Dubuque, IA 52001 Return Document To: (Name and complete address) City of Dubuque 300 Main Street Dubuque, IA 52001 Grantors: Grantees: SB Development, LLC City of Dubuque, Iowa Legal description: See Page 2 Document or instrument number of previously recorded documents: ® The Iowa State Bar Association 2005 IOWADOCS® THE IOWA STATE BAR ASSOCIATION Official Form No. 335 Brian J. Kane FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER y1.X,� � , ' For the consideration valuable consideration, SB Warranty Deed (Corporate /Business Entity Grantor) of ten ($10.00) Dollar(s) and other Development, LLC , a(n) limited liability company organized and existing under City of Dubuque, Iowa, a the laws of Iowa does hereby Convey to . municipal corporation the following described real estate in Dubuque County, Iowa: Lot 1 of 354 in East Dubuque No. 2 in the City of Dubuque, Iowa, according thereof, 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 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 gular or plural number, according to the context. Dated: Jo (-r fg, 010/ a to the recorded plat that it holds the real convey the real estate; that be above stated; and it all persons, except as be construed as in the sin- , STATE OF IOWA SB Development, LLC a(n) limited liability compa By . „ka.l.�k . I - i,.�...�. ayne A. Itk, , Presi S ilk • I By , COUNTY OF DUBUQUE ( l° "' This instrument was by Wayne A. Briggs acknowledged before me on this J v (--r as President of SB Development, LLC 1 .l" S Commission * =-* MY 40 1 BRIAN J. KANE �� Number 125003 , Notary Public COMMISSION EXPIRES JANUARY 12, 2013 ® The Iowa State Bar Association 2005 335 WARRANTY DEED (CORPORATE/BUSINESS ENTITY DEED) IOWADOCS® Revised June 2005