Railroad Property Purchase_6th and Jackson StreetsMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Historic Millwork District Complete Streets Project
Chicago, Central & Pacific Railroad Company Land Conveyance
DATE: March 28, 2011
Dubuque
bitill
All-America City
11111 '
2007
City Engineer Gus Psihoyos recommends City Council approval to purchase Lot 1 of
Lot 3 of Milwaukee Industrial Tract No. 1 in the City of Dubuque from the Chicago,
Central & Pacific Railroad Company for a purchase price of $995 ($985 administrative
fee plus a $10 fee for the property). This property will be used for the construction of
the hike /bike trail at Jackson Street, from 5 to rn Street, associated with the Historic
Millwork District Complete Street Project.
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
Michael C. Van Milligen
Masterpiece on the Mississippi
TO:
FROM: Gus Psihoyos, City Engineer
SUBJECT: Historic Millwork District Complete Streets Project
Chicago, Central & Pacific Railroad Company Land Conveyance
DATE: March 25, 2011
INTRODUCTION
This memorandum is to seek approval to purchase Lot 1 of Lot 3 of the Milwaukee
Industrial Track No. 1 in the City of Dubuque from the Chicago, Central & Pacific
Railroad Company (the CCP Railroad) for the construction of the hike /bike trail
associated with the Historic Millwork District Complete Streets Project.
BACKGROUND
Michael C. Van Milligen, City Manager
On February 7, 2011, the City Council approved the award of the Historic Millwork
District Complete Streets Project to Portzen Construction, Inc. in the amount of
$5,575,005.92. As part of the 2012 project phase, a hike /bike trail will be constructed at
Jackson Street, from 5 to 7 Street.
DISCUSSION
The CCP Railroad has proposed the conveyance of Lot 1 of Lot 3 of Milwaukee
Industrial Tract No. 1 in the City of Dubuque, Dubuque County, Iowa, to the City for its
hike /bike trail at Jackson Street, from 5 to 7 Street.
The following quit claim deed is provided:
Owner Legal Description
Chicago, Central &
Pacific Railroad Co.
Dubuque
kagaind
Afl4mancacsr
11 11' '
2007
All of Lot 1 of Lot 3 of Milwaukee Industrial Tract No. 1 in the City of Dubuque
in Section 25, Township 89 North, Range 2 East of the 5 Principal Meridian,
Dubuque County, Iowa, and described in State of Iowa Patent No. 4039
recorded as Instrument No. 10890 -90 in the Office of the Dubuque County
Recorder
RECOMMENDATION
I recommend that the City Council adopt the enclosed resolution and authorize the
Mayor to execute the Closing Statement from the Chicago, Central & Pacific Railroad
Company for the purchase of Lot 1 of Lot 3 of Milwaukee Industrial Tract No. 1 in the
City of Dubuque, Dubuque County, Iowa for the construction of the hike /bike trail
associated with the Historic Millwork District Complete Streets Project.
BUDGET IMPACT
The conveyance of Lot 1 of Lot 3 of Milwaukee Industrial Tract No. 1 in the City of
Dubuque, Dubuque County, Iowa will be completed by the City paying $995 ($985
administrative fee plus a $10 fee for the property) and the CCP Railroad paying the
current taxes prior to the transfer.
RECOMMENDATION
The City Council is requested to adopt the enclosed resolution and to authorize the
Mayor to execute the Closing Statement from the Chicago, Central & Pacific Railroad
Company for the purchase of Lot 1 of Lot 3 of Milwaukee Industrial Tract No. 1 in the
City of Dubuque for the construction of the hike /bike trail associated with the Historic
Millwork District Complete Streets Project.
cc: Tom Parham, FHWA
David Heiar, Economic Development Director
Aaron DeJong, Assistant Economic Development Director
Bob Schiesl, Assistant City Engineer
Jon Dienst, PE
Attachs.
RESOLUTION NO. 108 -11
Prepared by: Jon Dienst, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270
Return to: Jon Dienst, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270
A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY OF LOT 1 OF LOT 3
OF MILWAUKEE INDUSTRIAL TRACT NO. 1 IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque entered into an agreement with the Chicago,
Central & Pacific Railroad Company pursuant to which the Chicago, Central & Pacific
Railroad Company agreed to convey all of Lot 1 of Lot 3 of Milwaukee Industrial Tract
No. 1 in the City of Dubuque, Iowa; and
Whereas, the Chicago, Central & Pacific Railroad Company has executed a
conveyance of said property.
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 Quit Claim Deed from the Chicago, Central & Pacific
Railroad Company, copies of which are attached hereto, as required by Iowa Code
Section 569.7.
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.
Att
Passed, approved and adopted this 4th day of Apra.
2.11.
Roy D. Buol, Mayor
anne F. Schneider, CMC, City Clerk
K: \PROJECTS \Millwork District Project \Council and Staff Documents \Railroad \CCP Railroad Quit Claim
Resolution.doc
n m CITY or
DUB
Masterpiece an the Mississippi
DISCLAIMER This Information was compl.d
using the Dubuque Arta Geographic Information Sysam
(DADS), whim Includes data created by both the City of
Dubuque and Dubuque County. It Is understood Cut, while
the Ley of Dubuque and partiowbng agendas althea the
most current and accurate Information available, DAMS and
Ifs suppliers do not warrant the accuracy or currency of the
information or data contained herein. The Oty and partitioning
agendas shall not be held liable for any direct, indirect, lnodtntal,
mnsg u.ntial, punitive, or s9Klal damages, whether fortiteable or
unforeseeable, arising out of the authorized or ulrauthorleed robe M
this data or the Inability to use this data or out of any brtaeh of
warranty whatsoever.
100
Port of Dubuque, Iowa
Watermain Location
s,
Owner: Chicago Central & Pacific RR
Legal: Lot 1-3 Milwaukee Industrial Tract No. 1
1 inch = 100 feet
50
0
100 Feet
. ar.d... al
DAGIS
CL3UCUt Aac• 4L::ulIINIL M 0,411013n 111
Map Prepared by: TWK
City of Dubuque
Engineering Division
50 West 13th Street
Dubuque, Iowa 52001
Phone: (563) 589 -4270
Fax: (563) 589-4205
H: \Engineenng\Maps for Staff
Uon Dienst\Port of Dubuque Watermain
Masterpiece on the Mississippi
Taxpayer Information:
Return to:
Grantors:
Chicago Central and Pacific Railroad
Company
17641 South Ashland Avenue
Homewood, Illinois 60430
CCP Quit Claim Deed
Recorder's Cover Sheet
Preparer Information: CN
Business Development and Real Estate
17641 South Ashland Avenue
Homewood, Illinois 60430
Telephone: 708 - 332 -3541
City of Dubuque
50 West 13 Street
Dubuque, IA 52001
Tele: 563 - 589 -4133
Grantees:
City of Dubuque, Iowa
50 West 13 Street
Dubuque, IA 52001
Dubuque
Al4medca dry
2007
Legal Description:
All of Lot 1 of Lot 3 of Milwaukee Industrial Tract No. 1 in the City of Dubuque in Section 25,
Township 89 North, Range 2 East of the 5 Principal Meridian, Dubuque County, Iowa, as
described in State of Iowa Patent No. 4039 recorded as Instrument No. 10890 -90 in the Office
of the Dubuque County Recorder.
THIS INDENTURE Witnesseth that the Grantor, CHICAGO, CENTRAL & PACIFIC
RAILROAD COMPANY, a Delaware corporation, for and in consideration of the sum of TEN
AND 00/100 DOLLARS ($10.00) in hand paid and other valuable consideration, hereby Conveys
and Quitclaims to the Grantee, CITY OF DUBUQUE, IOWA, an Iowa municipal corporation, of
50 West 13 Street, Dubuque, Iowa, 52001, all right, title, interest and claim in and to the
following described lands and property situated in the County of Dubuque, State of Iowa to wit:
All of Lot 1 of Lot 3 of Milwaukee Industrial Tract No. 1 in the City of
Dubuque in Section 25, Township 89 North, Range 2 East of the 5 Principal
Meridian, Dubuque County, Iowa, as described in State of Iowa Patent No. 4039
recorded as Instrument No. 10890 -90 in the Office of the Dubuque County
Recorder.
IN WITNESS WHEREOF, CHICAGO, CENTRAL & PACIFIC RAILROAD
COMPANY, the Grantor has caused these presents to be signed by its Regional Manager —
Southern Region, Business Development and Real Estate, he being thereunto duly authorized
this 24th day of March, 2011.
STATE OF ILLINOIS )
)ss.
COUNTY OF COOK )
I, the undersigned, a Notary Public, in and for said County and State aforesaid, Do
Hereby Certify that Michael F. Deegan, personally known to me to be the Regional Manager —
Southern Region, Business Development and Real Estate of the CHICAGO, CENTRAL & PACIFIC
RAILROAD COMPANY, a Delaware corporation and personally known to me to be the same
person whose name is subscribed to the foregoing instrument, appeared before me this day in
person and severally acknowledged under oath that as such Regional Manager — Southern
Region, Business Development and Real Estate of said corporation, he signed and delivered the
said instrument as Regional Manager — Southern Region, Business Development and Real
Estate pursuant to authority given by the Board of Directors of said corporation as his free and
voluntary act and as the free and voluntary act and deed of said corporation, for the uses and
purposes therein set forth.
_
//w ,
NOTARY PUBLIC
Commissio i- pires: April 2, 2013
QUITCLAIM DEED
CHICAGO, CENTRAL & PACIFIC RAILROAD COMPANY
eegan
Regio . ager — Southern Region
Business Development and Real Estate
Given , cjr my hand and seal this 24 day of March, 2011.
"OFFICIAL SEAL"
Arthur L S iros S of Illinois
Commission mission Expires 42/2013
Seller: Chicago, Central and Pacific Railroad Company
Buyer: City of Dubuque, Iowa
Property: 0.08 acres of property located described as all of Lot 1 of Lot 3 of Milwaukee
Industrial Tract No. 1 in the City of Dubuque in Section 25, Township 89 North,
Range 2 East of the 5 Principal Meridian, Dubuque County, Iowa, as described
in State of Iowa Patent No. 4039 recorded as Instrument No. 10890 -90 in the
Office of the Dubuque County Recorder.
Closing Date: As of April 4, 2011
Seller's Credits Buyer's Credits
Administration Fee: $ 1,000.00
Satisfaction of Judgment: $ 15.00
State of Iowa v CCP Railroad,
Case No. 48741, Docket 103 Page 71
Real Estate Taxes
No Proration:
Transfer Tax and Recording Fees:
Paid by Buyer outside of closing.
Total Credits:
CLOSING STATEMENT
Balance due Seller at Closing: $985.00 ($1,000.00 - $15.00)
Payable to: Chicago, Central and Pacific Railroad Company
Acknowledged and Accepted:
Buyer: City of Dubuque, Iowa
By:
$ 0.00 $ 0.00
$ 0.00 $ 0.00
$ 1,000.00 $ 15.00
Seller: Chicago, Central and Pacific
ailroad Company
By.
fW,, A
Sey Agent