Loading...
Creek Wood Park_Timber-Hyrst Place No. 2Masterpiece on the Mississippi Dubuque All-ame acmr 11111 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of Deed and Recommendation of Park Name as Creek Wood Park DATE: September 1, 2011 Leisure Services Manager Marie Ware recommends City Council acceptance of the donation by Marty McNamer of Lot 2 of Timber -Hyrst Place #2 subdivision for a mini park. The Park and Recreation Commission recommends naming the park Creek Wood Park as it is located on Creek Wood Drive. It is recommended that the City Council select Creek Wood Park as the name for this park. Currently no funds are budgeted for development of this park area. Marty McNamer discussed the opportunity to find private donors and /or Leisure Services will budget in this fall /winter Capital Improvement Program budget process. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Marie L. Ware, Leisure Services Manager Prepared by Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque Iowa 52001 563 583 -4113 RESOLUTION NO. 309 -11 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM NORTH CASCADE ROAD DEVELOPERS, LLC, AN IOWA LIMITED LIABILITY COMPANY WHEREAS, North Cascade Road Developers, LLC desires to make a gift of the following described real property to the City of Dubuque: Lot 2 of Timber -Hyrst Place #2 in the City of Dubuque, Iowa, according to the recorded plat thereof, subject to easements and restrictions of record AND WHEREAS, the City Council of the City of Dubuque desires to accept the gift on behalf of the City. 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 North Cascade Road Developers, LLC, a copy of which is 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 6th day of September , 2011. Roy D. ol, Mayor Attest: C- Kevin . Firnstah , Acting City Clerk F:\ USERS \tsteckle \Lindahl \Timber -Hyrst Park\ ResolutionAcceptingDeed _081611.doc o`5TA7A- ". (Corporate/Business iness Entity Grantor) Warranty Deed ' THE IOWA STATE BAR ASSOCIATION Official Form #335 SbCA18 0 Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Barry A. Lindahl Suite 330, 300 Main Street, Dubuque, Iowa 52001 (563) 583 -4113 Taxpayer Information: (Name and complete address) City of Dubuque 50 West 13th Street, Dubuque, Iowa 52001 Return Document To: (Name and complete address) Barry A. Lindahl Suite 330, 300 Main Street, Dubuque, Iowa 52001 (563) 583 -4113 Grantors: North Cascade Road Developers, LLC Grantees: City of Dubuque, Iowa, a municipal corporation of the State of Iowa Legal description: See Page 2 Document or instrument number of previously recorded documents: 0 The Iowa State EarAssociatian 2005 KOWADOCSO THE IOWA STATE BAR ASSOCIATION Official Form No. 935 Barry A. Li ndah 1 FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER STATE, a et ..:0 valuable le ' For the consideration consideration, North Warranty Deed (Corporate/Business Entity Grantor) of one Dollar(s) and other Cascade Road Developers, LLC a(n) Iowa limited liability company organized and existing under Dubuque, Iowa, a the laws municipal of Iowa does hereby Convey to City of corporation of the State of Iowa the following described real estate in #2 in the City of Dubuque, Iowa, covenants with grantees, and successors that it has good and lawful authority clear of all liens and encumbrances, Defend the real estate against the herein, including acknowledgment to the context. \\ Dubuque County, Iowa: Lot 2 of estate the real covenants may be gular or Dated: STATE by Martin Timber -Hyrst Place The grantor hereby by title in fee simple; estate is free and to Warrant and above stated. Words and phrases plural number, according W\ 1(-‘ according to the recorded plats thereof in interest, that it holds the real to sell and convey the real estate; that except as may be above stated; and it lawful claims of all persons, except as hereof, shall be construed as in the sin- Road Developers, LLC , OF IOWA , COUNTY North Cascade a(n) low limile��j��li�y-eom pan By_________2_______, Martin J. McNamer , Manager By OF Dubuque ,,((,, l` (iy )1 This instrument was acknowledged before me on this J. McNamer t' / Mrt- J. ) as Manager of North Cascade Road Developers, LLC . ..-- -AL -- , Alb, -_.An. . r, I I I JAMES 0 SNIPPY Notarial seal - Iowa Commission 0 75 5 4 My Commission Expires 0 0 , Notary Public U • I CThe Iowa Slate Bar Association 2005 336 WARRANTY DEED (CORPORATEIBUSINESS ENTITY DEED) IOWAOOCSdv Revised June 2005 (Pay 1 of 3) PREPARED BIT BUESNO ASSOQAIFS 11111111111111111111111111111 Doc ID: 00844012003 Type: GEN Recorded: 04/28/2008 at PM : $17.00 Pape 1 of 3 Dubuque County Iowa Kathy Flynn Thurlow Recorder Q F11a2O09- 00008128 ADDRESS 1212 LOCUST STREET, DUBUC% IOWA 200 PHONE (5031 538 -8318 Plat of Survey of: TIMBER -HYRST PLACE #2 IN THE CITY OF DUBUQUE, IOWA. Comprised of: LOT 1 OF TIMBER -HYRST ESTATES #2 IN THE NW1 /4 OF SECTION 2 AND LOT 13 OF TIMBER -HYRST ESTATES IN THE NE1 /4 OF SECTION 2 BOTH IN THE CITY OF DUBUQUE IN T88N, R2E, (TABLE MOUND TWP.), OF THE 5111 P.M., DUBUQUE COUNTY, IOWA LOT 50 TIMBER -NYRST ESTATES #2 LOT 15 T1MBER -HYRST ESTATES LOT 47 TIMBER -HYRST ESTATES #2 / 10' PUE LOT 12 11MOER -HYRST ESTATES LOT 2 11MBER -HYRST 0 ESTATE /2- — 10' 20' �Dw — W cR �K 60 10' PUE1, 174.0• 79'19'47°E LOT LOT 1 — -� T1MBE$- .H0RSTAESTATES 12 26,266sf ▪ LOT- 2 - - a p�, 43,574sf Ntl3 LOT 13 's. TIMBER -HYRST ESTATES CP 59: 20' STORM SEWER EASEMENT LOT 2 S 1/2, NW FRL 1/4 SEC 2, T88N, R2E NOTE LOT 1 OF TIMBER-HYRST ESTATES /2 IN THE NW1 /4 OF SECTION 2 AND LOT 13 OF TIMBER -HYRST ESTATES IN THE 901/4 CF SECTION 2 80111 IN 188N, R2E. (TABLE MOUND TAP.). OF 111E 519 PM.. DUBUQUE COUNTY, 009 LEGEND 1-' N ▪ 1V v N 0 ,- M N W 0 N 0 0 1n Z m ti 25. LOT 30 TIMBER -HYRST ESTATES NO CAP 0 5/d RER00 (FOUND) (CAPPED, '4016', YELLOIY) • 1/2' RER03 (F0080) (CAPPED, 1441r, YELLOW) RER00 (FOUND) • (CAPPED, '12631', RED) (UNLESS SOTTO 01NERWSE) 5/e• RER00 (PLACED) (W/ YELLOW P1A511C CAP MARKED 'AM 4018') 0 DOMINO PROPERTY UNE — — — PJ134T OF WAY (ROW) UNE — — -- — EASEMENT UNE - - — FORMER PROPERTY UNE ( ) RECORD DIMENSION ROW FOCHT OF WAY PUE PUBLIC UTILITY EASEMENT OWNER @ PROPMET011 LOT 1 IN 11MBER -HTRST ESTATES /2 AND LOT 13 IN TIMBER -HYRST ESTATES IS NORTH CASCADE ROAD DEVELOPERS, LLC '23.82' (23.74') -•- 33.03' (33.11') FOUND 1/2' YELLOW 14417 WITTNESS CORNER O 39' NORTH OF CENTER, SEC 2, 188N, R2E LOT E TIMBER -NYRST ESTATES 50' 100' ■TTDI•:•, ,a,r,� ��'7CEORD I F911,- i•.;.�1;1! :a /�d;�;i'e EMI XIIMi>TMIL ET Fr,-.S2/1- Z�ti1■11E—i1422i iEr Eli :Nil} 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. (711111111111/ // 1 HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS P AREA AND 111E RELATED SURVEY WORK WAS PERFORUED BY ME OR (N MY DIRECT PERSONAL SUPERVISION AND THAT 1 AM A DULY ii>j� UNDERDE ; Jt0E4 STATE OF IOWA. -EE` J M JOHN LY E • O E V* / / R (I IOI I 1 I A \ \ \ \ \Y \S N L. I CENSE NUMBER 4018 MY LICENSE RENEWAL DATE IS DECEMBER 31, 2010 SHEETS COVERED BY THIS SEAL : SHEETS 1 k 2 SHEET 1111E PROJECT I N0. 07085 PLAT OF SURVEY PREPARED 0-08 NORTH 0ASCAOE ROAD HNVELOP07, LLC R MARIS MWAMER 5070 5220002 la %DIM G 808201RB Aem BNRFg01@ aH IM1n. Ka•I8&w aJFatE DATE 4/23/09 SCALE: RE1SIONS DRAM BY: NM. CHECKED BY: - 200' .0.W /7- Book , Paae , File Number 2009 - 00008128 Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Manager j to) SUBJECT: Acceptance of Deed and Recommendation of Park Name as Creek Wood Park DATE: August 26, 2011 INTRODUCTION Dubuque AN- Americacily 11111! 2007 The purpose of this memorandum is to accept the donation of Lot 2 of Timber -Hyrst Place #2 subdivision for a mini park and recommend name for park. BACKGROUND Marty McNamer wishes to donate Lot 2 in Final Plat which is 43.574 sq. ft. (one acre). The area closest to Creek Wood Drive has been graded with a flat area that can support a playground with benches and a water fountain. The remainder of the proposed area is a south facing slope that is forested and an open space hillside. It is a scenic hilltop location that in the fall catches glimpses of Catfish Creek. The proposed park would primarily service this subdivision and neighboring residential areas. The closest mini park in the area is Marna Ridge Children's Forest. Valentine Park serves as a neighborhood park to the area. Currently no funds are budgeted for development of this park area. Marty McNamer discussed the opportunity to find private donors and /or Leisure Services will budget in this fall /winter C.I.P. budget process. The development of this park would have the play equipment on the flat area near Creek Wood Drive on the east side of the lot. Sidewalks will need to be installed. This part of the park will be manicured. The hillside would be native area and the forested area is already established. The Parks and Recreation Commission reviewed the donation request and recommend City Council approval. City Attorney, Barry Lindahl has completed a title opinion warranty and a resolution accepting the deed. The Park and Recreation Commission recommended naming the park Creek Wood Park as it is located on Creek Wood Drive. I concur with this recommendation. continued RECOMMENDATION I recommend accepting the deed and naming the park Creek Wood Park. MLW:et enclosures: Resolution Warranty Deed General development plan for park Photos of proposed park area cc: Laura Carstens, Planning Barry Lindahl, Legal Native Planting`Area Warranty Deed (Corporate/Business Entity Grantor) THE IOWA STATE BAR ASSOCIATION Official Form #335 Recorder's Cover Sheet 111111111111111111111111111111111 Doc ID: 007191920005 Type: GEN Recorded: 1 WITH 01 /20111 at 04:00:18 PM Fee Amt: $32.00 Page 1 of '5 Revenue Tax: $0.00 Kathy uFlynn nThurlow Recorder File 2011_00016334 Preparer Information: (Name, address and phone number) Barry A. Lindahl Suite 330, 300 Main Street, Dubuque, Iowa 52001 (563) 583 -4113 Taxpayer Information: (Name and complete address) City of Dubuque 50 West 13th Street, Dubuque, Iowa 52001 Return Document To: (Name and complete address) Barry A. Lindahl Suite 330, 300 Main Street, Dubuque, Iowa 52001 (563) 583 -4113 Grantors: North Cascade Road Developers, LLC Grantees: City of Dubuque, Iowa, a municipal corporation of the State of Iowa Legal description: See Page 2 Document or instrument number of previously recorded documents: ®The Iowa State BarAssociation 2005 10WAOOCS® THE IOWA STATE BAR ASSOCIATION Official Form No,. 336 Barry A. Lindahl FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER 2 ‘ �ssocinctc) For the consideration valuable consideration, North Warranty Deed (Corporate/Business Entity Grantor) of one Dollar(s) and other Cascade Road Developers, LLC a(n) Iowa limited liability company organized and existing under of Dubuque, Iowa, a the laws of Iowa does hereby Convey to City municipal corporation of the State of Iowa the following described real estate in Dubuque County, Iowa: Lot 2 of Timber -Hyrst Place #2 in the City of Dubuque, Iowa, according to 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 may be above stated. Words and phrases herein, including acknowledgment hereof, shall gular or plural num er, according to the context. Dated: ? 1 L\ 11 the recorded plats thereof that it holds the real convey the real estate; that be above stated; and it of all persons, except as be construed as in the sin- LLC , STATE OF IOWA North Cascade Road Developers, a(n) .. . le •s_..Jima, .• Zany � ----- By Martin J. McNamer , Manager By , COUNTY OF Dubuque ,(� ,,11�,� qq,,�� ( 4)(903']a, ex) / , This instrument was by Martin J. McNamer //� acknowledged before me on this /ra )) as Manager of North Cascade Road Developers, LLC 1 , t,. JAMES 0 Notarial seal Commission My Commission Expires —.••/.1 — • -iL BHIPPY I 4 , Notary Public - Iowa 5 4 I W 75 31 /ii p' ®The Iowa Slate Bar Assodalion 2005 336 WARRANTY DEED (CORPORATEIBUSINESS ENTITY DEED) IOWADOCS® Revised June 2005 Prepared by Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque Iowa 52001 563 583 -4113 RESOLUTION NO.30.9 -11 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM NORTH CASCADE ROAD DEVELOPERS, LLC, AN IOWA LIMITED LIABILITY COMPANY WHEREAS, North Cascade Road Developers, LLC desires to make a gift of the following described real property to the City of Dubuque: Lot 2 of Timber -Hyrst Place #2 in the City of Dubuque, Iowa, according to the recorded plat thereof, subject to easements and restrictions of record AND WHEREAS, the City Council of the City of Dubuque desires to accept the gift on behalf of the City. 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 North Cascade Road Developers, LLC, a copy of which is 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 6th day of September , 2011. Attest: Kevin Firnstah , Acting City Clerk F: \USERS\tsteckle \Lindahl \Timber -Hyrst Park\ ResolutionAcceptingDeed _081611.doc CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 309 -11 is a correct copy of the original Resolution No. 309 -11 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 6th day of September, 2011. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 9th day of September, 20 1. d Kevin S. Firnstahl City Clerk Doc ID 007191940002 Type GEN Kind: AMEND TO RESTRICT COVENANTS Recorded: 11/01/2011 at 04 :03:28 PM Fee Amt: $12.00 Pape 1 of 2 Dubuque County Iowa Kathy Flynn Thurlow Recorder File2011 -0001 6335 Prepared By and Return To: D. Flint Drake, 1005 Main Street, Suite 200, Dubuque, IA 52001 (563) 582 -2000 VARIANCE REGARDING DECLARATORY STATEMENT IMPOSING RESTRICTIVE COVENANTS RECITALS A. North Cascade Road Developers, LLC (the "Developer ") filed a Declaratory Statement Imposing Restrictive Covenants on May 14, 2008 as Instrument #2008 - 00006730 in the records of the Dubuque County Recorder (the "Covenants ") with respect to the following described real estate: Lots 1, 2, 4 and 6 -49 of Timber -Hyrst Estates No. 2 in the City of Dubuque, Iowa (the "Real Estate "); B. Paragraph one of the Covenants requires that all lots within the Real Estate be used solely and exclusively for private single family residences and private garages. That paragraph also provides that the Developer may "...grant a variance to allow any use permitted within the R -3 zoning designation within the zoning ordinance of the City of Dubuque, Iowa..." (a "Variance "); C. Developer has agreed to convey Lot 2 of Timber Hyrst- Estates No. 2 to the City of Dubuque, Iowa for development by the City of a public park/recreation area; D. The current zoning ordinances of the City of Dubuque, Iowa allow development of "public parks, recreation areas, playgrounds and community centers..." within an R -3 Single Family Residential District (see Ordinance 1- 15.5(a)(7), 2011); E. The Developer desires to grant a Variance with respect to Lot 2 of Timber -Hyrst Estates No. 2 in the City of Dubuque, Iowa for development of a public park and recreation area upon such lot and desires to set forth such Variance in writing. THEREFORE, the Developer states as follows: 1. Grant of Variance. The Developer hereby grants a Variance to the restrictions imposed by the Covenants with respect to Lot 2 of Timber -Hyrst Estates No. 2 in the City of Dubuque, Iowa and expressly states that a public park and /or recreational area may be developed upon such lot by the City of Dubuque, Iowa. CRj C�er la°`) 2. Effect on Covenants. Except as modified by the Variance granted herein, the Covenants shall continue to govern the rights and obligations of owners of the lots affected thereby. NORTH CASCADE ROAD DEVELOPERS, LLC By: STATE OF IOWA COUNTY OF DUBUQUE ) ss: artin J. McNamer, Managing Member On this 8 day of (S , 2011, before me, a Notary Public in and for the State of Iowa, personally appeared Martin J. Mc amer, to me personally known, who being by me duly sworn did say that he is the Managing Member of said limited liability company, that (the seal affixed hereto is the seal of said)(no seal has been procured by the said) limited liability company and that said instrument was signed (and sealed) on behalf of said limited liability company by authority of its managers and the said Martin J. McNamer acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company, by it voluntarily executed. AMES 0 SNIPPY NottdSi Nth 75556 Comntooion - �,,t"r My ComMISSion IOW 41 Public in and for the State of Iowa 1 lii1ii1111iI iii ii111 ii1111iii11 1 11111111111111111111 iii ii111 ii11i 111111 Doc ID 007191930002 Type GWH Kind GROUNDWATER HAZARD Recorded: 11/01/2011 at 04:00:32 PM Fee Amt: $0.00 Page 1 of 2 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2011- 00001656 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name North Cascade Road Developers, LLC Address 5070 Wolff Road Dubuque Iowa 52002 -2561 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name City of Dubuque, Iowa Address 50 West 13th Street Dubuque Iowa 52001 Number and Street or RR City, town or N.O. State Lip Address of Property Transferred: 1798 Creek Wood Dr., Dubuque, Iowa 52003 Number and Street or RR City, Town, or P.O. State Lip Legal Description of Property: (Attach if necessary) Lot 2 of Tunber -Hyrst Place # 2 in the City of Dubuque, Iowa, according to the recorded plats thereof 1. Wells (check one) A[ 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) 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. Haz rdous 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. Underground Storage Tanks (check one) 1Z 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) �l1- WY/ 5. Priv to 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) TIl buildings on this property are served by a public or semi - public sewage disposal system. his transaction does not involve the transfer of any building. 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 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: Signature: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. FILE WITH RECORDER Telephone No.: (563 ) DNR form 542 -0960 (Sept. 1, 2010)