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Purchase of Property at 375 East 9th Street_Alamo PropertyMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Purchase of Property from Rouse and Dean Building, LLC Alamo Property DATE: April 27, 2011 MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Michael C. Van Milligen Dubuque Iteritg All - America City ' 2007 I concur with the recommendation and respectfully request Mayor and City Council approval. On October 5, 2010, the City entered into an agreement with Warehouse Redevelopment, LLC to purchase the property located at 375 East 9 Street. Warehouse Redevelopment, LLC conveyed the property to Rouse and Dean Building LLC. The City has now acquired the property and City Attorney Barry Lindahl recommends City Council acceptance of the deed to the property. THE CITY OF DUB TE MEMORANDUM Masterpiece on the Mississippi BARRY LIND CITY ATTORI E To: DATE: April 26, 2011 RE: Purchase of Property from Rouse and Dean Building, LLC Alamo Property Michael Van Milligen City Manager On October 5, 2010, the City entered into an agreement with Warehouse Redevelopment, LLC to purchase the property located at 375 East 9 Street. Warehouse Redevelopment, LLC conveyed the property to Rouse and Dean Building, LLC. The City has now acquired the property. Attached is a resolution accepting the deed to the property. I recommend that the resolution be submitted to the City Council for consideration and approval. BAL:tls Attachment cc: Dave Heiar, Economic Development Director F:\ USERS \tsteckle \Li nd ah l\Alamo\MVM_Reso l utionAccepti ng Rea l Estate_042611. 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 RESOLUTION NO. 150 -11 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM ROUSE AND DEAN FOUNDRY BUILDING, LLC WHEREAS, the City of Dubuque entered into an Agreement with Warehouse Redevelopment, LLC for the purchase of the following described real property in Dubuque County, Iowa: Lot 2 of Lot 1 of CENTER CITY PLACE # 3, in the City of Dubuque, Iowa, according to the recorded Plat thereof AND WHEREAS, Warehouse Redevelopment, LLC conveyed the property to Rouse and Dean Building, LLC; 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: Section 1. The City of Dubuque hereby accepts the Warranty Deed from ROUSE AND DEAN FOUNDRY BUILDING, LLC attached hereto. Section 2. The City Clerk is hereby authorized and directed to record this Resolution and the Warranty Deed with the Dubuque County Recorder. Attest: Passed, approved and adopted this r d of . ay, 2 11. drA / 2 % /%, Kevin S. Firnst.' I, Acting ity erk Roy ol, Mayor F:\ USERS \tsteckle \Lindahl\ Alamo \ResolutionAcceptingRealEstate _Rouse &Dean_042611.doc s1'Ar Warranty Deed (Corporate /Business Entity Grantor) THE IOWA STATE BAR ASSOCIATION ss O Official Form #335 ocr ` Recorder's Cover Sheet Preparer Information: (Name, address and phone number) D. Flint Drake, 1005 Main Street, Suite 200, Dubuque, IA 52001, Phone: (563) 582 -2000 Taxpayer Information: (Name and complete address) CITY OF DUBUQUE, IOWA 50 West 13th Street Dubuque, IA 52001 Return Document To: (Name and complete address) D. Flint Drake Drake Law Firm 1005 Main Street, Suite 200, Dubuque, IA 52001 Grantors: Grantees: ROUSE AND DEAN FOUNDRY BUILDING, CITY OF DUBUQUE, IOWA LLC 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 D. Flint Drake FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER gTA,T o ' For the consideration valuable consideration, ROUSE Warranty Deed (Corporate/Business Entity Grantor) of Ten and No /100 Dollar(s) and other AND DEAN FOUNDRY BUILDING, LLC, a(n) limited liabiilty company organized and existing under OF DUBUQUE, the laws IOWA, of Iowa does hereby Convey to CITY the following described CITY PLACE # covenants with grantees, that it has good clear of all liens and Defend the real estate herein, including to the context. ( 2 t I real estate in Dubuque County, Iowa: Lot 2 of Lot 1 of CENTER Plat thereof. The grantor hereby estate by title in fee simple; the real estate is free and covenants to Warrant and may be above stated. Words and phrases gular or plural number, according Dated: /4,-; 3, in the City of Dubuque, Iowa, and successors in interest, and lawful authority to sell and convey encumbrances, except as may against the lawful claims of acknowledgment hereof, shall be according to the recorded that it holds the real the real estate; that be above stated; and it all persons, except as construed as in the sin- BUILDING, LLC , STATE This by JOHN OF IOWA , COUNTY ROUSE AND DEAN FO DRY a(n) limite li.hiilty co •ny d • B b"l ✓ Y 0 , N. GRO EN , MEMBER/PRESIDENT L& �'/ By LL .4 I MARY 'IMP P NEN , ME t ICE PRESIDENT OF DUBUQUE • 1 . 4 v: 1 r ° if , instrument was acknowledged N. GRONEN and MARY L. GRONEN before me on this -26 AI as Member/President and Member/Vice President of ROUSE AND DEAN FOUNDRY BUILDING, LLC . /� - / L �p atAl 0 • R * IOWA D. FLINT DRAKE COMMISSION NO. 161463 MY COMM WIRES 7_ 1 -i J- , Notary Public ® The Iowa State Bar Association 2005 335 WARRANTY DEED (CORPORATE/BUSINESS ENTITY DEED) 10WADOCS® Revised June 2005 o - '41 Warranty Deed W (Corporate/Business Entity Grantor) • 1 / , • THE IOWA STATE BAR ASSOCIATION Official Form #335 S ociAN• Recorder's Cover Sheet Preparer Information: (Name, address and phone number) D. Flint Drake, 1005 Main Street, Suite 200, Dubuque, IA 52001, Phone: (563) 582 -2000 Taxpayer Information: (Name and complete address) CITY OF DUBUQUE, IOWA 50 West 13th Street Dubuque, IA 52001 Return Document To: (Name and complete address) D. Flint Drake Drake Law Firm 1005 Main Street, Suite 200, Dubuque, IA 52001 Grantors: Grantees: ROUSE AND DEAN FOUNDRY BUILDING, CITY OF DUBUQUE, IOWA LLC Legal description: See Page 2 Document or instrument number of previously recorded documents: © The Iowa State Bar Association 2005 IOWADOCS® 111111111111111 Doc ID 007040080004 TVPe• GEN Kind DEED WITH RESOLUTION Recorded: 05/05/2011 at 03:03:10 PM Fee Amt: $1,145.00 Page 1 of 4 Revenue Tax: $1,116.00 Dubuque County Iowa Kathy Flynn Thurlow Recorder F 0000649 5 a� Ca•� U�1{ REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name ROUSE AND DEAN FOUNDRY BUILDING, LLC Address 1056 MAIN STREET, DUBUQUE, IA 52001 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name CITY OF DUBUQUE, IOWA Address 50 WEST 13TH STREET, DUBUQUE IA 52001 -4864 Number and Street or RR City, I own or P.U. Address of Property Transferred: 375 EAST 9TH STREET, DUBUQUE, IA 52001 //II/II/I//I/II/JII///II///IIIIIIII/JI/I//II///II/IIIII/III//!ii//iii//i/iiiiiii iiii iiiii iiii 1111 Doc ID: 007040090002 Type: GWH Kind: GROUNDWATER HAZARD Recorded: 05 /05/2011 at 03:03:20 PM Fee Amt: $0.00 Page 1 of 2 KathyuF Recorder Fi1e2011_00 State Zip Number and Street or RR City, I own, or P.U. State Zip Legal Description of Property: (Attach if necessary) Lot 2 of Lot 1 of CENTER CITY PLACE # 3, in the City of Dubuque, Iowa, according to the recorded Plat thereof. 1. 1/yells (check one) 4j 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 Waste Disposal (check one) l/ There is no known solid waste disposal site on this property. 0 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) V 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. Underground Storage Tanks (check one) j 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 (Sept. 1, 2010) J3n - (Q(-cc. RECEIVED 11 MAY -2 AM 10: 58 City Clerk's Office Dubuque, IA Address Tax Statement: City of Dubuque, Iowa. Dubuque, IA 52001 Dated this 25th day of April, 2011. STATE OF IOWA COUNTY OF DUBUQUE MORTGAGEE'S CONSENT TO PLAT ) ss: DEBRA C. BAKKEN Commission Number 707100 By Victoria J. By ..... Jeffr IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID 007033460001 Type. GEN Kind AFFIDAVIT REGARDING PLAT Recorded: 04/26/2011 at 03:01:20 PM Fee Amt: $9.00 Pape 1 of 1 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2011- 00005965 Prepared By and Return To: D. Flint Drake, Drake Law Firm, P.C., 1005 Main Street, Suite 200, Dubuque, IA 52001 5 63 5 8 d ' atop Space Above This Line for Recorder The undersigned American Trust & Savings Bank, of Dubuque County, State of Iowa, does hereby consent to the Plat of Survey of Center City Place #3, in the City of Dubuque, Iowa, which was filed on March 9, 2011 as Instrument No. 2011 -3906 in the records of the Dubuque County Recorder. AMERICAN TRUST & SAVINGS BANK ce President rwald, Sr. Vice President On this 25th day of April, 2011, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Victoria J. Richter and Jeffrey L. Vorwald, to me personally known, who being by me duly sworn, did say that they are the 2 Senior Vice President and Sr. Vice President of American Trust & Savings Bank, the corporation executing the within and foregoing instrument; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and the said Victoria J. Richter and Jeffrey L. Vorwald as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. f` Notary Public in and for State of Iowa City Clerk ®C retu r n Drak