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Final Acceptance of Charitable Land Donation from Carl and Mary Ann Burbach . . . Prepared by Barry A. Lindahl 196 Dubuque Building Dubuque IA 52001 319 583-4113 RESOLUTION NO. 590-00 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM CARL J. BURBACH DECLARATION OF TRUST DATED JANUARY 24, 1995 WHEREAS, Carl J. Burbach Declaration of Trust dated January 24, 1995 desires to make a gift of the following described real property to the City of Dubuque: Lot 22 of Sunset Park Eighth Addition to the City of Dubuque, Iowa 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 Deed from CARL J. BURBACH DECLARATION OF TRUST DATED JANUARY 24, 1995, a copy of which is attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution with the Dubuque County Recorder. December Passed, approved and adopted this 18HlClay of ,2000. Terrance M. Duggan, Mayor Attest: Jeanne Schneider City Clerk ~> / _ / . ..----;:--? /7' # ./ 0 /y/-/P'~i.//t/ /~d-' /' , U~ d (:?~'Cy&//L/Y'/ / / ..~.- /1) / / (://'c;/~/jZ(/ I ." Form 8283 (Rev. 10-981 Pace 2 ~ame(s) shown on your income tax recum Identifying nurriler CARL J. BURBACH & MARY ANN BURBACH 485-30-1565 Action B-Appraisal Summary-List in this section only items (or groups of similar items) for which you claimed a ., deduction of more than $5.000 per item or group. Exception. Report contributions of certain publicly traded securities only in Section A. If ou donated art, au ma have to attach the com lete a raisal. See the Note in Part I below. Information on Donated Pro -To be com feted b the tax a er and/or a 4 Check type of property: o Art" (contribution of $20,000 or more) iii Real Estate 0 Gems/Jewelry o Art" (contribution of less than $20.000) 0 Coin Collections 0 Books .Art includes paintings. sculptures. watercolors. prints. drawings. ceramics. antique furniture. decorative arts. manuscripts. historical memorabilia. and other similar objects. Note: "your total art contribution deduction was $20.000 or more. you must attach a complete ropy of the signed appraisal. See instJ1Jccions. o Stamp Collections o Other textiles. carpets. silver. rare 5 (a) Description of donated property [If you need (b) If tangIble property was donated. give a brief summary of the overall (e) Appraised fair more space. anach a separate statement) physical condition at the time d the gift market value A T.("lT ?? T.J,,>ll1 nr;vp N/A 75.000 )0 B C 0 (d) Date acquired (e) How acquired (I) Donor's cost or (g) For bargain sales. enter See inslnlchons by donor (mo.. yr.) by donor adjusted basIS amount received (hl Amount claImed as a ~I Average trading prICe deductIOn of secuntles A Pre-1995 Purchase N/A 75.000 00 B C m m Taxpayer (Donor) Statement-List each item included in Part I above that the appraisal identifies as having a value of $500 or less. See instructions. ~lare that the following item(s) included in Part I above has to the best of my knowledge and belief an appraised value of not more than $500 . item). Enter Identifying letter from Part I and describe the specifIC item. See instructions. ~ ~of taxpayer (donor) ~ IDIUJ Declaration of Appraiser I declare that I am not the donor. the donee. a party to the transaction in which the donor acquired the property. employed by. or related to any of the foregoing persons. or married to any person who is related to any of the foregoing persons. And. if regularly used by the donor. donee. or party to the transaction. I performed the majority of my appraisals during my tax year for other persons. Also. I declare that I hold myself out to the public as an appraiser or perform appraisals on a regular basis: and that because of my qualifications as described in the appraisal. I am qualified to make appraisals of the type of property being valued. I certify that the appraisal fees were not based on a percentage of the appraised property value. Furthermore. I understand that a false or fraudulent overstatement of the property value as described in the qualified appraisal or this appraisal summary may subject me to the penalty under section 6701 (a) (aiding and abetting the understatement of tax liability). I affirm that I have not been barred from presenting evidence or testimony by the Director of Practice. Sign I ~I Signature ~ Title ~ Date of appraisal ~ Business address (Including room or suite no.) I Identifying I'"&.Imber Felderman Appraisals, 1179 Iowa Street Date ~ City or town. state. and ZIP code Dubuque, Iowa 52001 Im1!I Donee Acknowledgment-To be completed by the charitable organization. This charitable organization acknowledges that it is a qualified organization under section 170(c) and that it received the donated property as described in Section B. Part I, above on ~ .2000 (Date) Furthermore. this organization affirms that in the event it sells. exchanges. or otherwise disposes of the property described in Section B. Part I (or any portion thereot) within 2 years after the date of receipt. it will file Form 8282, Donee Information Return. with the IRS and give the donor a copy of that form. This acknowledgment does not represent agreement with the claimed fair market value. Does the or anization intend to use the for an unrelated use?. .......... ~ 0 Yes 0 No Name of charitable organization (donee) E~loy... identification numb... 42-6004596W City or town. state. and ZIP code Hall, 50 West 13th St Dubu ue IA 52001 Title Date @ 8283.2 Published by Tax Management Inc.. a Subsidiary of The Bureau of National Affairs. Inc. 12/7/98 VJ~ u T1 , !\Q'1lt;;;; LOQO DEe 29 PH 3: 29 '..i~6LI(-ri ~~i:iciCF:oti~~ ',I '; J _ DO ~'j~ilQL';:" Cu" I,~I~'" '-O:Er" J: {fl- - ....... "- .,~. ;;."'"'\ I ~ oJ t' Prepared by Brian 1. Kane, KANE, NORBY & REDDICK, P.C., 2100 Asbury Road, Suite 2, Dubuque, IA 52001 (319)582-7980 Address Tax Statement: City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 Space Above This Line for Recorder , TRUSTEE'S QUIT CLAIM DEED FortheconsiderationofOneDollar($1.00) and other valuable consideration, CARL J. BURBACH DECLARATION OF TRUST DATED JANUARY 24,1995 does hereby Quit Claim to THE CITY OF DUBUQUE, IOWA, an Iowa municipal corporation, all of its right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa: Lot 22 of Sunset Park Eighth Addition to the City of Dubuque, Iowa. 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: ;VOVfNl~€J'Z- J~, 2000. This is a gift. Consideration is less than $500.00. CARL J. BURBACH DECLARATION OF TRUST DATED JANUARY 24, 1995 ~' BY: ~~. ~---.L.. CAl?L J. BURBACH, TRUSTEE STATE OF IOWA ) )SS: COUNTY OF DUBUQUE ) ~.b On this /5 day of .Na'IJ CNl~)1. ,2000, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Carl 1. Burbach, Trustee, to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that he, as the trustee, executed the instrument as the voluntary act and deed of the person and of the trustee. ~~~ ZOOO DEe 29 PM 3: 28 :~/~Ti'i'/ --:_(:.;:'~ . .-1;Jr\~0',:i COIJHTY RECOROEF< r./) DUBUQUE CO.. !GINA FEES?b.~' Prepared by: Brian 1. Kane, Kane, Norby & Reddick, P.c., 2100 Asbury Road, Dubuque, 1A 52001 319/582-7980 AFFIDAVIT Lot 22 of Sunset Park Eighth Addition to the City of Dubuque, Iowa. STATE OF IOWA COUNTY OF DUBUQUE ) ) ss: I, Barry A. L i ndah 1 , on behalf of the City of Dubuque, Iowa, being first duly sworn on oath, state of my own personal knowledge that: The City of Dubuque has relied on the Affidavit of Carl J. Bl1rbach, as Trustee (given pursuant to Iowa Code Section 614.14(2)(1997) and Iowa Land Title Standard 4.7); the City of Dubuque is the grantee of the above real estate from the Carl J: I3.urbach Declaration of Trust Dated January 24, 1995 and it has no notice or knowledge of any adverse claims arising out of the execution and recording of the Deed from the trustee. Dated this 22 day of December ,2000. UQUE, IOWA STATE OF IOWA ) COUNTY OF DUBUQUE ) Corp. Counsel On this 22nd day of December, 2000, before me, Susan M. l~inter , a Notary Public in and for the State of Iowa, personally appeared Barry A. L i ndah 1 a'I>>:r to me personally known, and, who, being by me duly sworn, did say that:ot~U<< he is the M~cXJX~a~;aooXk, respectively, of the City of OllhllqlU> , Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation~.. ..and I that/the instrument was signed and sealed on behalf of the corporation, by authority of its <:;K9......C......o...~'?~~.. '>'f~.o.ntained in Dt~ Res. N? 590-00 ?assed (the ResolutIon adopted) by the CIty C.~~ll\.~ael'~~..J~all No. _ of the CIty CouncIl on the 18th day of December ".,fl~~,~~~' .:~~ i:J' A L in 1 (((l(l acknowledged the execution of the' - .... . .-- . . '_00 act and deed and the voluntary act and deed of the corporation, by i . l~ ~.. f, ~ ,.."....~ .-;. ~' " Y,Ji)}ii~ 2000 DEe 29 PH 3: 28 ':."\Td',' ;::_.;;;-.>;: ll.;-:._;,1'-/ CO UN i Y RE:CGRDER .. f../) i';JaUQu:: ca.. IC~'i,\ FEES Ib Uv Prepared by: Prepared by: Brian J. Kane of Kane, Norby & Reddick, P.C., 2100 Asbury Road, Suite 2, Dubuque, IA 5200I 319/582-7980 Address Tax Statement: CITY OF DUBUQUE, 50 West 13th Street, Dubuque, IA 52001 AFFIDA VIT Lot 22 of Sunset Park Eighth Addition to the City ofDuhuque, Iowa. STATEOFIOWA ) ) COUNTY OF DUBUQUE) ss: I, Carl J. Burbach, being first duly sworn on oath, state of my own personal knowledge that: 1. Carl J. Burbach is the Trustee under the Carl J. Burbach Declaration of Trust dated January 24, 1995, to which the above described real estate was conveyed pursuant to a Warranty Deed recorded on the 6th day of June, 1995 as Instrument No. 5288-95 of the records of the Dubuque County Recorder. 2. Carl J. Burbach is presently the eXIstmg Trustee under the Carl J. Burbach Declaration of Trust dated January 24, 1995 and is authorized to transfer the trust's interest in the above described real estate to THE CITY OF DUBUQUE, IOWA, an Iowa municipal corporation, without any limitation or qualification whatsoever. 3. The Declaration of Trust of earl J. Burbach dated January 24,1995 is in existence and Cad j. Burbach, as Trustee, is authorized to transfer the interest in the reai estate, free and dear of any adverse claims. Dated this /.7~y of ;V()V ~-~/Z... , 2000. C;Z~~~ cARiZr BuRBACH - STATE OF IOWA ) )SS: COUNTY OF DUBUQUE) 2000. .,4.. Subscribed and sworn to before me by Carl J. Burbach this I> day 0 '\ NOT Y PUBLIC OF IOWA c)A";////-ft& ,j J~-5c/A'/'A(c', ,,:'u; '/>> . /~;' " ' c /' ~~?'J/ ._'. /'.- ,(/f/ c:::::.::::;//1.-c;4//1 ../, /;/'/;>' /, C:;'/ ~ r/ / // --- ..-, )4;:: / / , /' , .- /A / /// / ~.Y ,07 / . . . " E ..\,~ CITY OF DUBUQUE, IOWA MEMORANDUM December 13,2000 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Final Acceptance of Charitable Land Donation from Carl and Mary Ann Burbach Leisure Services Manager Gil Spence is recommending final acceptance of the charitable land donation from Carl and Mary Ann Burbach. I concur with the recommendation and respectfully request Mayor and City Council approval. 1/.', f J1{,/. /1<. j/!/ '1/ /' I II ~ I ,I,' , ! Ie k" ! l//J'1;/1,! L/-...." Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Gil D. Spence, Leisure Services Manager 'Iii ':;~"'\-1::0 1"\r\~,\I-\ t:',' ......., ;\1\1\ 00~J.!\.,j \.'j ..1 ".,J () c ' II r j'dh i "J"JO ['!{1 U:J'I,IJ 'I -l .".' C.'d . ....-.11 I U ::if\:::.J:.J:J d ~ . CITY OF DUBUQUE, IOWA MEMORANDUM December 1, 2000 TO: Michael C. Van Milligen, City Manager FROM: Gil D. Spence, Leisure Services Manage~ SUBJECT: Final Acceptance of Charitable Land Donation from Carl and Mary Ann Burbach INTRODUCTION The purpose of this memorandum is to request that the City Council make final . acceptance of the charitable land donation from Carl and Mary Ann Burbach. DISCUSSION Carl and Mary Ann Burbach are donating a lot at the end of Welu Drive to the City for park purposes. This lot adjoins the Medical Associates Greenbelt and will be developed as a park targeted for three to eight year-olds and could also serve as an access to the Greenbelt. The City Council has given approval of the acceptance of the donation. This action approves the resolution accepting the deed. ACTION STEP The action requested is that the City Council approve the attached resolution accepting the deed to the property donated by Carl and Mary Burbach. GDS:et attachments .