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Hwy 151 & 61 Development, LLC, Corrected Warranty DeedMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Hwy 151 & 61 Development, LLC DATE: September 2, 2010 Dubuque bitA AN- AmeicaCity ' 2007 Following the closing on the acquisition of the Bee Branch property from Hwy 151 & 61 Development, LLC, the County discovered that there was an error in the legal description on the plat used to prepare the Warranty Deed. City Attorney Barry Lindahl recommends City Council approval of a Correction Deed with the new legal description. 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 Michael C. Van Milligen THE CITY OF DUB TE MEMORANDUM Masterpiece on the Mississippi BARRY LINDAHL CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: September 2, 2010 RE: Hwy 151 & 61 Development, LLC Following the closing on the acquisition of the Bee Branch property from Hwy 151 & 61 Development, LLC, the County discovered that there was an error in the legal description on the plat used to prepare the Warranty Deed. Attached is a Correction Deed with the new legal description. I recommend that the attached Resolution and Deed be submitted to the City Council for consideration and adoption. BAL:tls Attachment 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. 342 -10 ACCEPTING A CORRECTION DEED FROM HWY 151 & 61 DEVELOPMENT, LLC TO LOT 1 OF RIVERVIEW PLAZA, BEING A SUBDIVISION 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 WHEREAS, Resolution No. 285 -10, recorded as Instrument No. 2010 - 00011132, approved the acceptance of a Warranty Deed to certain property from Hwy 151 & 61 Development, LLC; and WHEREAS, there was an error in the legal description in the Warranty Deed, the correct legal description being as follows: Lot 1 of Riverview Plaza, being a subdivision 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 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City Council accepts the Correction Warranty Deed attached hereto. 2. The City Clerk is hereby authorized and directed to record a copy of this Resolution and the Correction Warranty Deed with the Dubuque County Recorder. Passed, approved and adopted this7 day of September, 2010 Roy Dr: uol, Mayor Attest: eanne F. Schneider, City Clerk F: \USERS \tsteckle \Lindahl \Hwy 151 & 61 Development \Hwy 151 & 61 Closing\ ResolutionAcceptingCorrectionWarrantyDeed _090210.doc 0A r , CORRECTION .r° . Warranty Deed N (Corporate/Business Entity Grantor) 1 . THE IOWA STATE BAR ASSOCIATION Official Form #335 7 4 ,S. AO ' °CI rk 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) 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 Develoment, 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 Barry A. Lindahl FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER ST r' r$ t ; s s•0( valuable .x. C�7 „ For the consideration, consideration Hwy CORRECTION Warranty Deed (Corporate /Business Entity Grantor) of ten ($10) Dollar(s) and other 151 & 61 Develoment, LLC , a(n) the limited liability company organized and existing under Dubuque, Iowa laws of does hereby Convey to City of the following described real estate in Dubuque County, Iowa: See This 12:03:53 estate the covenants may gular Dated: STATE by attached Exhibit A. is a correction of Warranty Deed, Instrument No. 2010 - 00011132, recorded PM The grantor hereby covenants with grantees, and successors in interest, by title in fee simple; that it has good and lawful authority to sell and convey real estate is free and clear of all liens and encumbrances, except as may to Warrant and Defend the real estate against the lawful claims of be above stated. Words and phrases herein, including acknowledgment hereof, shall be or plural number, according to the context. �t/�jF” /2 , 049 / v 08/06/2010 at that it holds the real the real estate; that be above stated; and it all persons, except as construed as in the sin- , OF IOWA Hwy 151 & 61 Develoment, LLC a(n) limited '"abil' company _ By Lam.✓, A �_,_ W j eBri:_s , Pr eARIV By ,, , COUNTY OF DUBUQUE t ad 3 / , This instrument was Wayne A. Briggs acknowledged before me on this (7&i a as President of Hwy 151 & 61 Develoment, LLC . / ' em t * ' ` * /o w* BRIAN Commission MY COMMISSION JANUARY J. KANE Number 125603 Notary Public EXPIRES 12, 2013 © The Iowa State Bar Association 2005 335 WARRANTY DEED (CORPORATE /BUSINESS ENTITY DEED) IOWADOCS® Revised June 2005 EXHIBIT A Lot 1 of Riverview Plaza, being a subdivision 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.