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Sinclair Oil Property Deed, check i5U~~E ~ck~ MEMORANDUM June 15, 2005 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Purchase of Sinclair Oil Property (former Koch/Sinclair Terminal - Terminal Street) Corporation Counsel Barry Lindahl is recommending acceptance of the deed for the purchase of the Sinclair Oil Corporation property in the Port of Dubuque. I concur with the recommendation and respectfully request Mayor and City Council approval. m,1 ~/11jL Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager r..-, i (~:; -;---j , I .~-J "') BAR R Y A. L I N 0 A H L.; , CORPORATION COU CITY OF DUBUQUE MEMO To: Jeanne Schneider City Clerk DATE: June 7, 2005 RE: Purchase of Sinclair Oil Property Jeanne: Attached is the Resolution Accepting the Deed to Property for the June 20, 2005 City Council meeting. Also enclosed is the original Special Warranty Deed, the Transfer Tax check in the amount of $101.60, the Groundwater Hazard Statement and Declaration Of Value. After the City Council approves the Resolution at the June 20th City Council meeting, I would appreciate it if you would record the Resolution and Deed, as well as the Groundwater Hazard Statement and Declaration of Value with the Dubuque County Recorder. Thank you for your assistance with this matter. Attachment 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. 269-05 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM SINCLAIR OIL CORPORATION WHEREAS, the City of Dubuque entered into an agreement with SINCLAIR OIL CORPORATION for the purchase of the following described real property in Dubuque County, Iowa: Lot 1 of Lot 1, Lot 1 of Lot 2, Lot 1 of Lot 3, Lot 1 of Lot 4 and Lot 1 of Lot 5, all in Block 27, and Lot 3, Lot 4, and Lot 4A in Block 17, all in Dubuque Harbor Addition 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 Deed attached hereto from Sinclair Oil Corporation. 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 20th day of June, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk SPECIAL WARRANTY DEED V THIS INDENTURE, made this ~ day of May, 2005, between SINCLAIR OIL CORPORATION, a Wyoming Corporation, having a mailing address of 550 East South Temple, P.O. Box 30825, Salt Lake City, Utah 84130-0825 ("Grantor"), successor in interest to PASCO Marketing Inc., a Delaware Corporation, and the CITY OF DUBUQUE, lOW A, ("Grantee"), having a mailing address of 50 West 13th Street, Dubuque, Iowa, 52001, WITNESSETH: That the said Grantor, for and in consideration ofthe sum ofTen and No/100 ($10.00) DOLLARS, and for other good and valuable consideration to it in hand paid by the Grantee, the receipt of which is hereby acknowledged, by these presents does hereby bargain, sell, remise, release, and convey unto the Grantee the following described tract of land located in the County of Dubuque, Iowa, also known as 1550 East 1ih Street, Dubuque, Iowa, 52001, to-wit: Lot 1 of Lot 1, Lot 1 of Lot 2, Lot 1 of Lot 3, Lot 1 of Lot 4 and Lot I of Lot 5, Block 27 and Lot 4A in Block 17, in the Subdivision of the Dubuque Harbor Company's Addition to the City of Dubuque; and Lot 3 and Lot 4 in Block 17 in "Dubuque Harbor Company's Addition" to the City of Dubuque, Iowa, according to the recorded Plats thereof. (A-3500, Railroad Avenue & Water Street, Dubuque) together with all rights, privileges, tenements, hereditaments, easements, and appurtenances thereunto belonging. SUBJECT TO all restrictions, recorded or unrecorded easements, roads or highways; questions of survey; all special taxes or special assessments, levied or assessed, and all installments of special taxes or special assessments, not due and payable as of the date hereof. The said Grantor does hereby warrant specially the title to said real estate hereby conveyed, except as to those matters hereinabove set forth to which this conveyance is subject, and will defend said title against the lawful claims of all persons claiming by, through or under it. Witness the hand of Grantor, this /CJ.fL day r'"]Ivl aT 2005 ~ : ss. County of Salt Lake ) .-rL On this /1 day of ~ 2005, personally appeared before Peter M. Johnson who, being duly sworn, did say he is the President, Oil Division of Sinclair Oil Corporation, a Wyoming corporation, and that the foregoing instrument was signed on behalf of said corporation. IN WITNESS WHEREOF, I have set my hand and affixed my official seal the day and year in this certificate above written. ~"~V1 ~,)L Residing In: xi 4.11,La-kL ~ My Commission Expires: ----1)uJ1 t/ )"~tJ7 (f) REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT Please read the filing instructions on the reverse side BEFORE completing this form. PART I - TO BE COMPLETED BY TRANSFEROR TRANSFEROR Name Sinclair Oil Corporation d/b/a Sinclair Marketing, Inc. Address 1550 East 12th Street Dubuque, Iowa 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, Iowa 52001 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred 1550 East 12th Street Dubuque, Iowa 52001 Number and Street or RR City, Town, or P.O. State Zip Legal Description of Property Lot 1 of Lot 1, Lot 1 of Lot 2, Lot 1 of Lot 3, Lot 1 of Lot 4 and Lot 1 of Lot 5, all in Block 27, and Lot 3, Lot 4, and Lot 4A in Block 17, all in Dubuque Harbor Addition in the City of Dubuque, Iowa, according to the recorded plat thereof 1. Wells (check one) . . 'j;here are no known wells situated on this property. c/rhere is a well or wells situated on this property. The type(s), location(s) and legal status are stated below. 2. Solid Waste Disposal (check one) :vfhere is no known solid waste disposal site on this property. There is a solid waste disposal site on this property, but no notice has been received from the Department of Natural Resources that the site is deemed to be potentially hazardous. ,_ There is a solid waste disposal site on this property which has been deemed to be potentially hazardous by the Department of Natural Resources. The location(s) of the site(s) is stated below. 3. Ha9rdous Wastes (check one) V'fhere is no known hazardous waste on this property. L. There is hazardous waste on this property and it is being managed in accordance with Department of Natural Resources rules. 4. t;n~rground Storage Tanks (check one) ""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.) C There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are described below. 5. Pri\'ate Burial Site (check one) ~here 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) is stated below. The known identifying information of the decedent is stated below. Information, if any, required by statements checked above: 1. Existing Monitor Wells as of May, 2005 Attachment for Additional Information? 1~=)fSO, number of pages I HEREBY DE~~HE INFORMATION CONTAINED IN PART I OFTHIS STATEMENT IS TRUE AND CORRECT. Signature: ~ => ~<:--'C' ~ Telephone Number: (80l) 524-2747/2.'1 S-:' sferor or Agent -------..---...----------....--..------..--............................................................................................................................................................ ...................................................................................................................-.......................................-_............ PART II - TO BE COMPLETED BY RECORDER Date ofInstrument Book/J.D. Page/J.D. Date of Recording City or Township Deed Contract [] County ..............................................................................................-.....................................................................................................-.. .......................-.......................................................-...............................-..........................-...................................................... DNR form (November 02) FILE WITH RECORDER 542-0960 REAL ESTATE TRANSFER _ DECLARATION OF VALUE .. Please read the filing instructions on the reverse side BEFORE completing this fonn. If this transaction is exempt, you may not be required to complete this fonn. PART I .TO BE COMPLETED BY BUYER, SELLER OR AGENT ... (Please Type or Print Legibly) S . I S .ty N ... SELLER .. Name Sinclair Oil Corporation d/b/a Sinclair Marketing, Inc. (o~~er=~g NO.)o. ~ ~.. 0 2.1x:>1 ~~.. Address 1550 East 12th Street Dubuque, Iowa 52001 turiler Ind Street or RlAI Ro~ City, Townor PoltOftlce Social Security No. s.... (or Federall.D. No.) 42.6004596 z. .. Address of Property Conveyed Name City of Dubuque, Iowa Address 50 West 13th Street Dubuque, Iowa 5200 I Nlntler end Street or Rlftl Rout'! City, Townor Pa,l Ortle" 1550 East 12th Street Dubuque, Iowa 5200 I ~r and Street or RLI'III RolJ:e City Town or Post ()file. SI,le Zip Legal Description of Property Lot 1 of Lot 1, Lot I of Lot 2, Lot 1 of Lot 3, Lot I of Lot 4 and Lot 1 of Lot 5, all in Block 27, and Lot 3, Lot 4, and Lot 4A in Block 17, all in Dubuque Harbor Addition in the City of Dubuque, Iowa, according to the recorded plat thereof Stete z. BUYER If this is a sale of AGRICULTURAL LAND to one of the following persons or entities, please check the appropriate box. o Corporation 0 Trust 0 Alien 0 Non-Resident Alien 0 Limited Partnership ........................................................................... Declaration of Value Statement 1. Total Amount Paid $ 2. Amount Paid for Personal Property (See Instructions) $ 3. Amount Paid for Real Property Only (1 minus 2) $ 4. Contract Sale Information - Please See Instructions .... Down Payment $ .6.. Interest Rate _ % ~Monthly Payment $ Length of Contract years. Balloon Payment Date (if applicable) SALES CONDITIONS Check (.I) ALL of the following cond~ions that apply to this sale: [J Sale Between Family Members (See Instructions) OAssignment of Contract (Explain Below) OAuction Sale [J Sale lolby Public Utilily OSale to/by Exempt Organization OCondominium Sale o Court Ordered Sale OQuit Claim Deed 0 Purchase of Adjoining Land o Fulfillment of Prior Year Contract IiJSale talby Government 0 Land to be Operated as a Unit o Transfer of Partialln.erest OSheriff or Tax Sale 0 Forced Sale (Explain Below) o Exchange for Other Property ("Trade") DCorporate Merger or Reorganization 0 Mobile Home Improvements Made or Buildings Removed After January 1, of the Year of the Sale but Prior to the Actual Date of Sale or Transfer DESCRIBE ANY OTHER UNUSUAL OR SPECIAL FACTS OR CIRCUMSTANCES RELATING TO THIS SALE. 64 000 00 J..- 64,000.00 t NOTICE: ~~tne~II~~~~~~f:~~~~~t:c::;~~o~~~~t~rJe e~~:~~~tr:: t~~~~ ~~~~:s~~~ sold, the Signature: R Seller OR Agent) PART" -TO BE COMPLETED BY RECORDER INED IN PART 1 OF THIS FORM IS TRUE AND CORRECT. Telephone Number ~\ ..D 92-~ Z'/'Z>3 Date of Instrument ... "ok,,, I Inltrunert idel1ll1cl1l0n) I ... P.ge,,, I ... :=~on) ,. ,.. ,. Date of Recording[:i D Deed .Contract 0 City or Township County Real Estate Transfer Tax Paid PART III-TO BE COMPLETED BY ASSESSOR Classification of Property (1) 0 Urban (2) 0 Rural AGRICULTURAL REALTY I I (1) Olmproved Farm 0 Dwelling (2) Olkti-ovedFarm COMMERCIAL I I (1) 0 Illsin... (~)OOlher __ (2)OOllice (5) OVacantBldg. (3)~_ent (6) DVacant lot INDUSTRIAL I I (1) DLot&Bldgs (2) BacantBldgs. (3) Vacant Lot RESIDENTIAL I I (1)0 Single.FamilyOwlg. (2) 0 Two-Fami/yDwlg. (3)B Impr. Vacant Lot (.) Unimpr. Vacant lot (5)DVacantOwlg, StO<y Hgt Age of Dwtg. SALES CONDITIONS o Lot Assessed as Unpiatted Land 0 Fulfillment of Prior Year Contract [J PwtiaJ Assessment 0 Sale of Portion of Property ("Split") o Assignment of Contract o Other (Explain Below) o Change in Use (Explain Below) IA IB Ic 10 IE IF I /G IH II I J IK I L 1M I A (For Depl. of Revenue and Finance Use Only) NOTE: ASSESSED VALUE SHOWN Assessment Data SALES RATIO MUST BE AS OF JANUARY 1. OF LAND I $ I 1$ I TIL 1$ II %1 THE YEAR IN WHICH THE BLOGS. SALE OCCURRED . Assessor Comments : N 10 I PI . APPROVED by IDRF DEPARTMENT OF REVENUE AND FINANCE ,.----.., ~ Sinclair Pipeline Company .., "\ CHECK NUMBER 12164168 I INVOICE COMMENT GROSS DEDUCTIONS AMOUNT PAID NUMBER DATE () i:: i) .. .. .- () .- .... ... ... .. ... .- ; ; ; .) u. !"' H :\j.::) ;. t.'.. 1":1 .:) , 0 .. .. .. ... .0 ; " ... .' .. I .C.;, T ., .. .~.. .. .\ .. ;; o' I " .. ,', ... -.. .0. ,. ... .. 't...nfj Sinclair Pipeline Company FIRST INTERSTATE aANK OF COMMERCE SHERIDAN. WYOMING 93-168/929 2164168 CHECK NUMBER 12164168 00003166 DATE AMOUNT O~!/lO/O~1 ~*********101 . t:,l.} * PAY :...i!....t!:.. , .. ." .'~ .- ..-- Hi i;-',jj);".'j- j) ...-. .....-....... ;}:,E r:.; ... .. .... ... .. .... {)i.)./ .L t.l!.) r,n ..1..:;1:":::') TO THE ORDER OF DLJBLj(~l.jE C~C)~.j~i'Y'Y 'T'R[ASLJRE;~ , ; . ,.~ '.. ;"," "', .'-. ! . I..: I . ,... ' ! I, -I ~.' ... pL J) :...; y.: ;..! c} t..: E:, ,;. :".:j ~:i ~':': (:; I:) :l." ".. 11-.2.1;1. .1;811- I:Oq 2qO .1;8 }I: 00 I;? 811-