University Ave Ext purch Iowa Glass property (Elm R.E.LC)
March 16, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: University Avenue Extension Project - Acquisition of Elm Real Estate L.C.
Property (Iowa Glass)
Corporation Counsel Barry Lindahl recommends City Council acceptance of the deed to
the property from Elm Real Estate, L.C. (Iowa Glass) for property in connection with the
University Avenue Extension Project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
BAR R Y A. L I N D A H L, ESQ.
CORPORATION COUNSEL, CITY OF DUBUQUE
MEMO
To:
Michael C. Van Milligen
City Manager
DATE:
March 16, 2005
RE:
University Avenue Extension Project - Acquisition of Elm Real
Estate L.C. Property (Iowa Glass)
Mike:
We have recently closed on the City's acquisition of property from Elm Real Estate, L.C.
(Iowa Glass) for property in connection with the University Avenue Extension Project.
Enclosed is a resolution accepting the deed to the property. I recommend that the
resolution be submitted to the City Council for adoption.
Enclosure
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 563583-4113
RESOLUTION NO. 97-05
ACCEPTING THE DEEDrO CERTAIN REAL ESTATE IN DUBUQUE COUNTY,
IOWA FROM ELM REAL ESTATE, L.C.
WHEREAS, the City of Dubuque entered into an Agreement with Elm Real
Estate, L.C. for the purchase of the real property in Dubuque County, Iowa,
described as follows:
That part of Lot 2 of Newman Place and that part of Lots 1 and 2 of the
Subdivision of Lot 2 of the Subdivision of Lot 1 of the Subdivision of Lot
2 of Mineral Lot 237 and Lot 2 of Mineral Lot 238 and the Subdivision
of part of Lot 1 of the Subdivision of Mineral Lot 248, now in the City of
Dubuque, Dubuque County, Iowa, more particularly described as
follows:
Beginning at the southeasterly corner of Lot 2 of the Subdivision of Lot
2 of the Subdivision of Lot 1 of the Subdivision of Lot 2 of Mineral Lot
237 and Lot 2 of Mineral Lot 238 and the Subdivision of part of Lot 1 of
the Subdivision of Mineral Lot 248; thence South 82001'41" West along
the south Iline of said Lot 2 and the presently established northerly
right-of-way line of existing U.S. Highway No. 20 a distance of 207.25
feet; thence North 04047'57" West, 48.63 feet; thence North 83055'09"
West, 87.59 feet; thence North 68055'15" West, 29.72 feet; thence
North 20040'29" East, 48.00 feet; thence North 43038'03" East, 30.86
feet; thence South 83055'09" East, 69.77 feet; thence North 05005'28"
West, 144.00 feet to the beginning of a 40.00 foot radius tangent curve
concave southwesterly with a central angle of 102045'27"; thence
Northwesterly, 71.74 feet along said curve with a chord bearing North
56028'11" West, 62.50 feet; thence South 72009'05" West, 64.24 feet
to the presently established southeasterly right-of-way line of existing
University Avenue and the northerly line of Lot 1 of the Subdivision of
Lot 2 of the Subdivision of Lot 1 of the Subdivision of Lot 2 of Mineral
Lot 237 and Lot 2 of Mineral Lot 238 and the Subdivision of part of Lot
1 of the Subdivision of Mineral Lot 248; thence North 59012'28" East
along said southeasterly right-of-way line and said northerly lot line
68.57 feet to the northerly corner of said Lot 1; thence North 58048'36"
East, 26.84 feet along said southeasterly right-of-way line and the
northerly line of Lot 2 of Newman Place to the beginning of a 606.08
foot radius tangent curve concave northwesterly with a central angle of
, .
12030'58"; thence Northeasterly, 132.40 feet along said curve and said
southeasterly right-of-way line with a chord bearing North 52033'07"
East,132.13 feet to the westerly corner of Lot 1 of Newman Place;
thence South 38017'36" East along the southwesterly line of said Lot 1
a distance of 27.60 feet; thence South 51015'23" West along said
southwesterly line 12.00 feet; thence South 38044'37" East along said
southwesterly line 49.60 feet to the southerly corner of said Lot 1;
thence North 51015'23" East along the southeasterly line of said Lot 1
a distance of 84.89 feet to the easterly corner of said Lot 1; thence
North 38053'12" West along the northeasterly line of said Lot 1 a
distance of 35.36 feet; thence North 54001'05" West along said
northeasterly line 49.27 feet to the northerly corner of said Lot 1 and
said presently established southeasterly right-of-way line of existing
University Avenue; thence North 71022'34" East along said
southeasterly right-of-way line and the northerly line of Lot 2 of said
Newman Place 28.96 feet; thence South 8r37'02" East along said
northerly line 141.44 feet to the northeast corner of said Lot 2; thence
South 01035'57" East along the east line of said Lot 2 a distance of
80.90 feet; thence South 32028'34" West along said east line 67.74
feet; thence South 06026'09" West along said east line 165.78 feet;
thence South 33033'51" East along said east line 4.80 feet; thence
South 01054'09" West along said east line 1 0.43 feet to the southerly
corner of said Lot 2 and the northeast corner of Lot 2 of the
Subdivision of Lot 2 of the Subdivision of Lot 1 of the Subdivision of Lot
2 of Mineral Lot 237 and Lot 2 of Mineral Lot 238 and the Subdivision
of--f}8rt-Gf.--L-ot--t-gf--tRe Subdivision of Mineral Lot 248; thence South
02044'37" West along the east line of said Lot 2 a distance of 115.23
feet to the Point of Beginning containing 106,520 square feet more or
less.
NOTE: The southerly line of Lot 2 of the Subdivision of Lot 2 of the
Subdivision of Lot 1 of the Subdivision of Lot 2 of Mineral Lot 237 and
Lot 2 of Mineral Lot 238 and the Subdivision of part of Lot 1 of the
Subdivision of Mineral Lot 248 is assumed to bear South 82001'41"
West.
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 Elm Real
Estate, L.C. a copy of which is attached hereto.
2. The City Clerk is hereby authorized and directed to record this
Resolution and the Deed with the Dubuque County Recorder.
.....
Passed, approved and adopted this 21st day of March, 2005.
#
J
to .
Prepared by; John H. Ehrhart, 425 2'" Sl SE #1010, Cedar Rapids. IA 52401
Address Tax Statements to: City of Dubuque, IA . 50 West 13th Street, Dubuque, IA 52001
319-366-7795
WARRANTY DEED
For the consideration of One Hundred Seventy-Nine Thousand and no/I00----($179.000.00)---Dollars and
other valuable consideration in hand paid by the City of Dubuque, Iowa, ELM REAL ESTATE, L.C., an Iowa
limited liability company, does hereby convey to the CITY OF DUBUQUE, IOWA real estate in DUBUQUE
County, Iowa:
THE FEE SIMPLE TITLE GRANTED ISTO LAND DESCRIBED AS FOLLOWS:
That part of Lot 2 of Newman Place and that part of Lots 1 and 2 of the Subdivision of Lot 2 of the
Subdivision of Lot 1 of the Subdivision of Lot 2 of Mineral Lot 237 and Lot 2 of Mineral Lot 238 and
the Subdivision of part of Lot 1 of the Subdivision of Mineral Lot 248, now in the City of Dubuque,
Dubuque County, Iowa, as shown on Acquisition Plat, Exhibit A, a copy of which is attached hereto
and by reference made a part hereof, more particularly described as follows:
Beginning at the southeasterly comer of Lot 2 of the Subdivision of Lot 2 of the Subdivision of Lot 1
of the Subdivision of Lot 2 of Mineral Lot 237 and Lot 2 of Mineral Lot 238 and the Subdivision of
part of Lot 1 of the Subdivision of Mineral Lot 248; thence South 82001'41" West along the south
line of said Lot 2 and the presently established northerly right-of-way line of existing U.S. Highway
No. 20 a distance of 207.25 feet; thence North 04047'57" West, 48.63 feet; thence North 83055'09"
West, 87.59 feet; thence North 68055'15" West, 29.72 feet; thence North 20040'29" East, 48.00 feet;
thence North 43038'03" East, 30.86 feet; thence South 83055'09" East, 69.77 feet; thence North
05005'28" West, 144.00 feet to the beginning of a 40.00 foot radius tangent curve concave
southwesterly with a central angle of 102045'27"; thence Northwesterly, 71.74 feet along said curve
with a chord bearing North 56028'11" West, 62.50 feet; thence South 72009'05" West, 64.24 feet to
the presently established southeasterly right-of-way line of existing University Avenue and the
northerly line of Lot 1 of the Subdivision of Lot 2 of the Subdivision of Lot 1 of the Subdivision of Lot
2 of Mineral Lot 237 and Lot 2 of Mineral Lot 238 and the Subdivision of part of Lot 1 of the
Subdivision of Mineral Lot 248; thence North 59012'28" East along said southeasterly right-of-way
line and said northerly lot line 68.57 feet to the northerly comer of said Lot 1; thence North
58048'36" East, 26.84 feet along said southeasterly right-of-way line and the northerly line of Lot 2
of Newman Place to the beginning of a 606.08 foot radius tangent curve concave northwesterly with
a central angle of 12030'58"; thence Northeasterly, 132.40 feet along said curve and said
southeasterly right-of-way line with a chord bearing North 52033'07" East,132.13 feet to the westerly
comer of Lot 1 of Newman Place; thence South 38017'36" East along the southwesterly line of said
Lot 1 a distance of 27.60 feet; thence South 51015'23" West along said southwesterly line 12.00
feet; thence South 38044'37" East along said southwesterly line 49.60 feet to the southerly corner of
said Lot 1; thence North 51015'23" East along the southeasterly line of said Lot 1 a distance of
84.89 feet to the easterly comer of said Lot 1; thence North 38053'12" West along the northeasterly
line of said Lot 1 a distance of 35.36 feet; thence North 54001'05" West along said northeasterly line
49.27 feet to the northerly corner of said Lot 1 and said presently established southeasterly right-of-
way line of existing University Avenue; thence North 71022'34" East along said southeasterly right-
of-way line and the northerly line of Lot 2 of said Newman Place 28.96 feet; thence South 87037'02"
East along said northerly line 141.44 feet to the northeast comer of said Lot 2; thence South
01035'57" East along the east line of said Lot 2 a distance of 80.90 feet; thence South 32028'34"
West along said east line 67.74 feet; thence South 06026'09" West along said east line 165.78 feet;
thence South 33033'51" East along said east line 4.80 feet; thence South 01054'09" West along said
east line 10.43 feet to the southerly comer of said Lot 2 and the northeast corner of Lot 2 of the
Subdivision of Lot 2 of the Subdivision of Lot 1 of the Subdivision of Lot 2 of Mineral Lot 237 and
Lot 2 of Mineral Lot 238 and the Subdivision of part of Lot 1 of the Subdivision of Mineral Lot 248;
thence South 02044'37" West along the east line of said Lot 2 a distance of 115.23 feet to the Point
of Beginning containing 106,520 square feet more or less.
NOTE: The southerly line of Lot 2 of the Subdivision of Lot 2 of the Subdivision of Lot 1 of the
Subdivision of Lot 2 of Mineral Lot 237 and Lot 2 of Mineral Lot 238 and the Subdivision of part of
Lot 1 of the Subdivision of Mineral Lot 248 is assumed to bear South 82001'41" West.
City of Dubuque, Iowa Project No. STP-U-2100(623)--70-31
Elm Real Estate, L.C. (Parcel No.1)
This deed is given in fulfillment of a certain purchase agreement dated
recorded in the Dubuque eounty Recorder's Office on , in
except those terms that survive the execution of this document.
and
The additional amount of $2,000.00, as agreed to by purchase agreement, is paid as severance damages to
the remaining property and is not subject to real estate transfer tax.
This land is being acquired for public purposes through eminent domain and a Declaration of Value is not
required. Iowa eode Sec. 428A.1.
Grantors do hereby covenant with grantees, and successors in interest, that grantors hold the real estate by
title in fee simple; that they have good and lawful authority to sell and convey the real estate; that the real
estate is fee and clear of all liens and encumbrances except as may be above state; and grantors covenant to
warrant and defend the real estate against the lawful claims of all persons except as may be above stated.
Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the
real estate.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural
number, and as masculine or feminine gender, according to the context.
Dated
A1 ~41 IS-
, 20 ~. (SIGN IN INK)
ELM REAL ESTATE, L.C., an Iowa limited liability company
z;&-; ~~
By ;?Jf ~ i.r Ie.
Steven M. Dummermuth (Type/Print ame)
Agent (Title)
By:
(NOTARY PLEASE COMPLETE LEFT AND RIGHT SIDES)
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF ~ , COUNTY OF L I '"' ~
ss.
On this ~ day of In,rG L ,20 (j (" , before me, the
undersigned, a Notary Public in and for said State, personally
appeared ;:1<'-'1:1'\ 1?1 D.-<.Wlrr:'i/ ~~
_to me personally known
or -Lproved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/sb.e11Rey executed
the same in his/1lefAAeir authorized capacity(ies), and that by
his/h9fAl:leir signature(s) on the instrument the person(s), or the
entity(ies) upon behalf of which the person(s) acted, executed the
instrument. ~
IL. ~ (Sign in Ink)
(PrintlType Name)
Notary Public in and for the State of
eity of Dubuque, Iowa Project No. STP-U-2100(623)--70-31
Elm Real Estate, L.e. (Parcel No.1)
(Type/Print Name)
(Title)
I CAPACITY CLAIMED BY SELLER:
} I _INDIVIDUAL
l_eORPORATE
I Titles of eorporate Officer(s):
_Corporate Seal is affixed
_No Corporate Seal procured
_PARTNERSHIP:_Limited _General
_ATTORN EY-IN-FAeT
~EXECUTOR(s) or TRUSTEE(s)
_GUARDIAN(s) or CONSERVATOR(s)
~OTHER: AGENT
SELLER IS REPRESENTING:
Names of entity(ies) or person(s)
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EXHIBIT A
Page 5
COUNTY
PROJECT NO.
SECTION
ROW-fEE. ....
ACCESS RI~HTS .
ACQUIRED F.ROM!
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DUB ". . ;:. j)'::'-70. 31
2100'6~_.. . '.
STP,..U. ",.; TOWNSHIP ,I
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STATE CONTROL No..
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, .
RESOLUTION AUTHORIZING STEVEN M. DUMMERMUTH TO ACT AS AGENT
RESOLVED, that Steven M. Dummermuth is hereby authorized and directed to
act as Agent for and on behalf of Elm Real Estate, L.C., with respect to real estate matters,
including, but not limited to, the execution and delivery of purchase agreements, lease
agreements, and related documents in such form, and with such changes therein or additions
thereto, as may be approved by the agent so executing the same, and to do any and all further
things as such agent shall deem appropriate, necessary or desirable to carry out and fulfill the
purposes and intent of the foregoing resolution.
CERTIFICA TE
I, Steven F. Dummermuth, Secretary of Elm Real Estate, L.C., hereby certify that
the attached is a complete, true and correct copy of the certain Resolution of the Members of
Elm Real Estate, L.C., a limited liability company duly organized and existing under the laws
of the State of Iowa, which Resolution was adopted by the Members on July 17, 2000; that
I am the keeper of the minutes and records of this company; and that the said Resolution has
not been rescinded or modified and is still in full force and effect and has not been revoked.
Au6-vS1
IN WITNESS WHEREOF, I have hereunto affixed my signature this ?- day of
, 2000.
~~~
'STEVEN F. DUMMERMUTH, Secretary