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WP Investments_Acceptance of DeedsMasterpiece on the Mis /ssippi MEMORANDUM BARRY LIND L CITY ATTOR EY To: Mayor Roy D. Buol and Members of the City Council DATE: June 29, 2012 RE: WP Investments, LLC On May 29, 2012, the City entered into an agreement with WP Investments, LLC for the purchase of property on 16th Street for the Bee Branch Project. The closing on the properties was June 29, 2012. Attached are two (2) resolutions accepting the deeds to the properties. I respectfully request Mayor and City Council adoption of the resolutions. BAL:jmg Attachments cc: Michael C. Van Milligen, City Manager Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Deron Muehring, Civil Engineer 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. 174 -12 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM WP INVESTMENTS, LLC WHEREAS, the City of Dubuque entered into an Agreement with WP Investments, LLC for the purchase of the following described real property in Dubuque County, Iowa: TRACT I: The West half of Lot 252 in East Dubuque No. 2, in the City of Dubuque, Iowa according to the recorded plat thereof. TRACT II: Lot 253 in East Dubuque No. 2, an Addition in the City of Dubuque, Iowa, according to the recorded plat thereof. TRACT III: Lot 254 in East Dubuque No. 2, an Addition in the City of Dubuque, Iowa, according to the recorded plat thereof. 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 WP Investments, LLC 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 2 "d day of July, 2012. Attest: Ric . Jones, or Pro -Tem THE IOWA STATE BAR ASSOCIATION Official Form No. 335 Maureen A. Quann ISBA #28604 FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER o STX Warranty Deed (Corporate/Business Entity Grantor) ' 7�SOCIA11�� For the consideration of one Dollar(s) and other valuable consideration, WP Investments, LLC , a(n) Iowa Limited Liability Company organized and existing under the laws of Iowa does hereby Convey to the City of Dubuque, Iowa the following described real estate in Dubuque County, Iowa: TRACT I: The West half of Lot 252 in East Dubuque No. 2, in the City of Dubuque, Iowa according to the recorded plat thereof. TRACT II: Lot 253 in East Dubuque No. 2, an Addition in the City of Dubuque, Iowa, according to the recorded Plat thereof. TRACT III: Lot 254 in East Dubuque No. 2, an Addition in the City of Dubuque, Iowa, according to the recorded Plat thereof. The grantor hereby covenants with grantees, and successors in interest, that it holds the real estate by title in fee simple; that it has good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances, except as may be above stated; and it covenants to Warrant and Defend the real estate against the lawful claims of all persons, except as may be above stated. Words and phrases herein, including acknowledgment hereof, shall be construed as in the sin- to the context. gular or plural number, /2-0( 2-- Dated: e r 2- ( (2-0i Prepared by Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113 RESOLUTION NO. 175-12 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM WP INVESTMENTS, LLC WHEREAS, the City of Dubuque entered into an Agreement with WP Investments, LLC for the purchase of the following described real property in Dubuque County, Iowa: East 1/2 of Lot 252 in East Dubuque No. 2, all in the City of Dubuque, Dubuque County, Iowa according to the recorded Plat therof 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 WP Investments, LLC 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 2nd day of July, 2012 Ric W. Jon• Mayor Pro -Tem THE IOWA STATE BAR ASSOCIATION Official Form No. 335 Maureen A. Quann ISBA #28604 FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER P STArr o �ssociA'ctio� For the valuable consideration, consideration WP Warranty Deed (Corporate/Business Entity Grantor) of one Dollar(s) and other Investments, LLC a(n) Iowa Limited Liability Company organized and existing under of Dubuque, Iowa the laws of Iowa does hereby Convey to the City the following East Dubuque covenants that it has clear of all liens Defend the herein, including to the r — described real estate in Dubuque County, Iowa: The East recorded estate the real covenants may be gular Dated: STATE by %2 of Lot 252 in plat thereof The grantor hereby by title in fee simple; estate is free and to Warrant and above stated. Words and phrases or plural number, according /zi' 1 Addition No. 2, in the City of Dubuque, with grantees, and successors in interest, good and lawful authority to sell and convey and encumbrances, except as may real estate against the lawful claims of acknowledgment hereof, shall be context. Iowa according to the that it holds the real the real estate; that be above stated; and it all persons, except as construed as in the sin- , OF IOWA , COUNTY WP Investments, LLC a(n) Iowa Limit d Liability pany By � Perry S. Picket sole owner By OF Dubuque , This instrument was acknowledged before me on this Perry S. Picket as sole owner of WP Investments, LLC . / f Notary Public % :t ��wP BARRY A. LINDAHL Commission Numb�eer 07515 My Comm. Exp. (I /4,2iti © The Iowa State Bar Association 2005 335 WARRANTY DEED (CORPORATE/BUSINESS ENTITY DEED) IOWADOCS© Revised June 2005 t 1111111 111111 iii iittt lira IIIII ititi IIIII IIIII IIIII lath IIIII IIIII iitit lit till Doc ID. 007420930001 Type: GEN Kind: RELEASE OF MORTGAGE Recorded: 07/06/2012 at 01:59:16 PM Fee Amt: $7.00 Pape 1 of 1 Dubuque County Iowa Kathy Flynn Thurlow Recorder File 2012-00011230 Document prepared by: Julie E. Jackson for Premier Bank, P.O. Box 420, Dubuque, IA 52004 -0420, (563) 588- 1000 Return To: Premier Bank, P.O Box 420, Dubuque, IA 52004 -0420 RELEASE OF MORTGAGE KNOW ALL MEN BY THESE PRESENT: That a certain Mortgage dated the 21ST day of NOVEMBER A. D., 2003 and recorded on 12 -16 -2003 as DOCUMENT # 32342 -03, of the mortgage records of DUBUQUE COUNTY, IA, having been paid in full, is hereby released this 29TH DAY of JUNE, A.D. 2012. Original Mortgagor(s): WP INVESTMENTS, L.L.C. Original Mortgagee: Premier Bank Date Recorded: 12 -16 -2003 STATE OF IOWA ) SS: DUBUQUE COUNTY ) By: PREMIER BANK Tracy chaul, Vice President By: '"t ` ` Scott A. Dalsing, ice President On this 29TH DAY OF JUNE A.D., 2012, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Tracy E. Schaul and Scott A. Dalsing to me personally known, who being by me duly sworn, did say that they are the Vice President, and Vice President, respectively, of Premier Bank, that no seal . has been procured by said corporation, that said instrument was signed on behalf of said corporation, by authority of its Board of Directors, and the said Tracy E. Schaul and Scott A. Dalsing as such Vice President and Vice President acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and each of them voluntarily executed. JULIE JACKSCI Commission Number 734176 My Comm. Exp, Notary INI1olic in and for the State of Iowa Onto azi °e u.14, 61.4, C2 IIIIII II II II IiI Hill 11111 IIO11NIRIaI111WVI Doc ID 007420940001 Type. GEN Kind RELEASE OF MORTGAGE Recorded: 07/06/2012 at 01:59:39 PM Fee Amt: $7.00 Page 1 of 1 Dubuque County Iowa Kathy Flynn Thurlow Recorder File 2012-00011231 Document prepared by: Julie E. Jackson for Premier Bank, P.O. Box 420, Dubuque, IA 52004 -0420, (563) 588- 1000 Return To: Premier Bank, P.O Box 420, Dubuque, IA 52004 -0420 RELEASE OF MORTGAGE KNOW ALL MEN BY THESE PRESENT: That a certain Mortgage dated the 7TH day of MAY A. D., 2004 and recorded on 5 -12 -2004 as DOCUMENT # 8155 -04, of the mortgage records of DUBUQUE COUNTY, IA, having been paid in full, is hereby released this 29TH DAY of JUNE, A.D. 2012. Original Mortgagor(s): WP INVESTMENTS, L.L.C. Original Mortgagee: Premier Bank Date Recorded: 05 -12 -2004 STATE OF IOWA ) SS: DUBUQUE COUNTY ) PREMIER BANK By: Tra chaul, Vice President By: Scott A. Dalsin Vice President On this 29TH DAY OF JUNE A.D., 2012, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Tracy E. Schaul and Scott A. Dalsing to me personally known, who being by me duly sworn, did say that they are the Vice President, and Vice President, respectively, of Premier Bank, that no seal has been procured by said corporation, that said instrument was signed on behalf of said corporation, by authority of its Board of Directors, and the said Tracy E. Schaul and Scott A. Dalsing as such Vice President and Vice President acknowledged the execution of said instrument to be the voluntary aft and deed of said corporation, by it and each of them voluntarily executed. JULIE JACKSON Notary Public i and for the to of Iowa Commission Number 734176 f My Comm. Exp. / l %a) .�` C4-4-41 cCgtr I I I III II 11111INIItlVqII I I I 11111 11111 I 1111 11111 1111 I II III 11111 I 1111 III 11111 Doc ID 007420950001 Type. GEN Kind RELEASE OF MORTGAGE Recorded: 07/06/2012 at 01 :59:45 PM Fee Amt: $7.00 Page 1 of 1 Dubuque County Iowa Kathy Flynn Thurlow Recorder File 2012-00011232 Document prepared by: Julie E. Jackson for Premier Bank, P.O. Box 420, Dubuque, IA 52004 -0420, (563) 588- 1000 Return To: Premier Bank, P.O Box 420, Dubuque, IA 52004 -0420 RELEASE OF MORTGAGE KNOW ALL MEN BY THESE PRESENT: That a certain Mortgage dated the 23RD day of APRIL A. D., 2004 and recorded on 4 -29 -2004 as DOCUMENT # 7188 -04, of the mortgage records of DUBUQUE COUNTY, IA, having been paid in full, is hereby released this 29TH DAY of JUNE, A.D. 2012. Original Mortgagor(s): WP INVESTMENTS, L.L.C. Original Mortgagee: Premier Bank Date Recorded: 4 -29 -2004 STATE OF IOWA ) SS: DUBUQUE COUNTY ) By: Tr PREMIER BANK haul, Vice President By: 1644 Scott A. Dalsing, ice President On this 29TH DAY OF JUNE A.D., 2012, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Tracy E. Schaul and Scott A. Dalsing to me personally known, who being by me duly sworn, did say that they are the Vice President, and Vice President, respectively, of Premier Bank, that no seal has been procured by said corporation, that said instrument was signed on behalf of said corporation, by authority of its Board of Directors, and the said Tracy E. Schaul and Scott A. Dalsing as such Vice President and Vice President acknowledged the execution of said instrument to be the volunta act and deed of said corporation, by it and each of them voluntarily executed. Notary Pb}'(c in and for t JULIE JACKSON Commission Number 734176 My Comm. Exp. -�, tate of Iowa 044 egiuk_ C'S-X (21911 11111111 111111 11111111 11111 (tIff 11111 IIIII1t11h 11111 I IIIII IIIII IIIII 11111111 Doc ID: 007420960002 Type: GEN Kind RELEASE OF MORTGAGE Recorded: 07/06/2012 at 02:00:15 PM Fee Amt: $12.00 Page 1 of 2 Dubuque County Iowa Kathy Flynn Thurlow Recorder File 2012-00011233 RELEASE OF REAL ESTATE MORTGAGE THE IOWA STATE BAR ASSOCIATION Official Form No. 129 y�'s°cria` ° Recorder's Cover Sheet Preparer Information: (Name, address and phone number) David A. Lemanski, 701 Bluff St., Dubuque, IA 52001 -4605, Phone: (563) 556 -3448 Taxpayer Information: (Name and complete address) City of Dubuque, City Hall 50 W. 13th St., Dubuque IA 52001 Return Document To: (Name and complete address) Maureen Quann, Suite 330, Harbor View Place, 300 Main St., Dubuque IA 52001 Mortgagee releasing mortgage: Mortgagor: Donna M. Mihalakis Kimberly L. Kluga Legal description: Document or instrument number of previously recorded documents: OThe Iowa State Bar Association 2005 IOWADOCS® CatA 9TAT, Warranty Deed (Corporate/Business Entity Grantor) THE IOWA STATE BAR ASSOCIATION Official Form #335 Recorder's Cover Sheet I I I I I M I I I I I I I I I I I 11111111191111111111111 Doc ID 007420970005 Type GEN Kind DEED WITH RESOLUTION Recorded: 07/06/2012 at 02:00:55 PM Fee Amt: $511.20 Page 1 of 5 Revenue Tax: $479.20 Dubuque County Iowa Kathy Flynn Thurlow Recorder File 2012- 00011234 Preparer Information: (Name, address and phone number) Maureen A. Quann, Suite 330, 300 Main Street', Dubuque, Iowa (563) 589 -4381 Taxpayer Information: (Name and complete address) City of Dubuque, Iowa 50 West 13th Street, Dubuque, Iowa 52001 Return Document To: (Name and complete address) Maureen A. Quann, Suite 330, 300 Main Street, Dubuque, Iowa (563) 589 -4381 Grantors: Grantees: WP Investments, LLC the City of Dubuque, Iowa Legal description: See Page 2 Document or instrument number of previously recorded documents: ® The Iowa State Bar Association 2005 10WADOCS® ,.00 C smirk Warranty Deed (CoiporateBusiness Entity Grantor) THE IOWA STATE BAR ASSOCIATION s Official Form #335 s`rOctA1 S O Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Maureen A. Quann, Suite 330, 300 Main Street, Dubuque, Iowa (563) 589 -4381 IIIIIIIIIIIIIIllhIIIIIIII/IIII//I/I/IIII/!IIIIIIIihJI//IIIihII///III/(I/IIIII/ iiiii iiiii iiii iii/ Doc ID: 007420990004 Type: GEN Recorded: 07/06/2012LatIO2:01:31 PM Fee Amt: $135.00 Pape 1 of 4 Revenue Tax: $108.00 Dubuque County Iowa Kathy Flynn Thurlow Recorder File 2012-00011235 Taxpayer Information: (Name and complete address) City of Dubuque, Iowa 50 West 13th Street, Dubuque, Iowa 52001 Return Document To: (Name and complete address) Maureen A. Quann, Suite 330, 300 Main Street, Dubuque, Iowa (563) 589 -4381 Grantors: Grantees: WP Investments, LLC the City of Dubuque, Iowa Legal description: See Page 2 Document or instrument number of previously recorded documents: ® The Iowa State Bar Association 2005 10WADOCS® 09°15 (V rict at-1J 11111111111111111 Doc ID: 007421010002 Type GEN Kind: PARTIAL RELEASE OF MORTGAGE Recorded: 07/06/2012 at 02:02:09 PM Fee Amt: $12.00 Page 1 of 2 Dubuque County Iowa Kathy Flynn Thurlow Recorder File 2012-00011236 PART_ IAL RELEASE OF REAL ESTATE MORTGAGE .: "•'* THE IOWA STATE BAR ASSOCIATION f - Official Form No. 130 Recorder's Cover Sheet ociso Preparer Information: (Name, address and phone number) Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, Iowa 52001 Taxpayer Information: (Name and complete address) City of Dubuque, Iowa 50 West 13th Street, Dubuque, Iowa 52001 Return Document. To (Name and complete address) Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, Iowa 52001 Grantors: Grantees: American Trust & Savings Bank Mary Lynn Neumeister Legal description: See Page 2 Document or instrument number of previously recorded documents: ® The Iowa-State Bar Association 2005 IOWAOOCS® mrtukrk J Oe'a ON Cie 11011111111111111111 11111111$11 Doc ID 007421020004 yp Kind DEED WITH RESOLUTION i Recorded: 07/06/2012 at 02:03:50 PM Fee Amt: $52.20 Page 1 of 4 1 Revenue Tax: $15.20 �- Dubuque County Iowa Kathy Flynn Thurlow Recorder n % ■ File 2012 -00011237 ®THE IOWA STATE BAR ASSOCIATION THE LEGAL EFFECT OF THE USE OF Official 2008 I. Barry A. Lindahl I THIS -FORM, CONSULT YOUR LAWYER Return To: Barry A. Lindahl. 300 Main Street, Suite 330, Dubuque, Iowa 52001 (563) 583 -4113 Preparer: Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque. Iowa 52001 (563) 583 =4113 Taxpayer: City of Dubuque, Iowa 50 West 13th Street, Dubuque. Iowa 52001 sli.A.T4, . For the consideration Mary Lynn Neumeister, a WARRANTY DEED of one Dollar(s) and other valuable consideration, single person do hereby Convey to the City ofDubuque, Iowa the following described Lot A of Lot 2 Lot A of Lot 2 shown on the Acquisition Grantors estate by title real estate is Covenant to stated. Each to the real estate. singular or plural if 'AAA/ real estate ofLot 1 of Mineral of Lot 2 of Lot 1 of Plat thereof do Hereby Covenant in fee simple; that free and clear of Warrant and Defend of the undersigned Words and number, and ).z.,cute.ti- in Dubuque County, Iowa: Lot224; Lot A of Lot I of Lot 2 ofMetcalfs Lot 1 of Lot 1 of George Jecklin Patin, recorded as file no. 2012 -3866 with grantees, and they have good and lawful all liens and encumbrances the real estate against the hereby relinquishes all rights phrases herein, including acknowledgment as masculine or feminine gender, Subdivision; and all in the City of Dubuque, Dubuque County, Iowa and as in the Office of the Dubuque County Recorder successors in Interest, that grantors hold the real authority to sell and Convey the real estate; that the except as may be above stated; and grantors lawful claims of all persons except as may be above of dower, homestead and distributive share in and hereof, shall be construed a s in the according to the context. Dated: i I Ma n ■.e Meister (Grantor) (Grantor) STA OF ! IOWA , COUNTY OF Dubuque This ins r ent was acknowledged Neumeister, a single person before me on -72'7 - 2. 2d/ by Ali . , , Notary Public r Zc/ (This form of acknowledgment for Individual grantor(s) only) ,o„; RONALD J. TURNER Commission Number 188684 Hy Commiselon Expires r-7 Aaa -dl1 /5O0 IIIIIII!IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII iilll illli 11111111 Doc ID: pe: GEN Kind: PARTIAL 4RELLEASE2OFyMORTGAGE Recorded: 07/06/2012 at 02:07:56 PM Fee Amt: $12.00 Pape 1 of 2 Dubuque County Iowa Kathy Flynn Thurlow Recorder File 2012-00011238 74'� PARTIAL RELEASE OF REAL ESTATE MORTGAGE THE IOWA STATE BAR ASSOCIATION Officjal Form #130 Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, Iowa 52001 (563) 583 -4113 Taxpayer Information: (Name and complete address) City of Dubuque, Iowa 50 West 13th Street, Dubuque, Iowa 52001 Return Document To: (Name and complete address) Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, Iowa 52001 Grantors: American Trust & Savings Bank Grantees: Plaza 20, Inc. Legal description: See Page 2 Document or instrument number of previously recorded documents: CO The Iowa State Bar Association 2012 IOWADOCS® -1'. cam, any. fol va C r Cct.,-l_ r WARRANTY DEED (CORPORATE GRANTOR) THE IOWA STATE BAR ASSOCIATION Official Form No. 104 Recorder's Cover Sheet Doc ID: 007421050004 Type: GEN Kind: DEED WITH RESOLUTION Recorded: 07/06/2012 at 02:09:28 PM Fee Amt: $47.20 Pape 1 of 4 Revenue County$1Iowa Kathy Flynn Thurlow Recorder File 2012-00011239 Preparer Information: (Name, address and phone number) Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, Iowa 52001 (563) 583 -4113 Taxpayer Information: (Name and complete address) City of Dubuque, Iowa 50 West 13th Street, Dubuque, Iowa 52001 Return Document To: (Name and complete address) Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, Iowa 52001 Grantors: Plaza 20, Inc. Grantees: City of Dubuque, Iowa Legal description: See Page 2 Document or instrument number of previously recorded documents: ® The Iowa State Bar Association 2005 IOWADOCS® Caet M /0a as °('