Loading...
Westbrook Subdivision No. 2 Acceptance of Warranty DeedMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of Open Space Lot in Westbrook Subdivision No. 2 DATE: August 27, 2013 Dubuque band AI- America City 1 2007 • 2012 • 2013 City Engineer Gus Psihoyos recommends City Council acceptance of the Warranty Deed to the open space lot that the developer, Callahan Construction, Inc., is dedicating to the City in Westbrook Subdivision No. 2. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Mana•er FROM: Gus Psihoyos, City Engineer INK DATE: August 27, 2013 SUBJECT: Acceptance of Open Space Lot in Westbrook Subdivision No. 2 INTRODUCTION Dubuque kentil AFAmedea Cdr 11111f 2007 • 2012 •2013 The enclosed material provides for City Council acceptance of the open space lot that the developer, Callahan Construction, Inc., is dedicating in Westbrook Subdivision No. 2 in the City of Dubuque, Iowa. BACKGROUND As a condition of subdivision plat approval through Resolution No. 123 -11, the developer of Westbrook Subdivision No. 2 was required meet certain conditions with regards to the open space area labeled Lot R, prior to the lot dedication to the City. These conditions included maintaining the lot until certain documentation regarding wetlands regulations compliance was received from the Army Corps of Engineers. All public improvements, except the detention facilities, were accepted on February 18, 2013 by Resolution No. 45 -13. The detention facilities are completed and inspected and are to be accepted later in September. DISCUSSION In August, 2013, Callahan Construction, Inc. requested the City's acceptance of the dedication of Lot R to the City. Upon inspection by the City Staff, it has been determined that all conditions required per Section 8 of Resolution No. 123 -11 have been completed and met. RECOMMENDATION I would, therefore, recommend that the City Council accept the Warranty Deed to and dedication of Lot R of Westbrook Subdivision No. 2 to the City. 1 ACTION TO BE TAKEN The City Council is requested to adopt the attached resolutions accepting the Warranty Deed to and dedication of Lot R in Westbrook Subdivision No. 2. Prepared by Nate Kieffer, PLS cc: Barry Lindahl, City Attorney Maureen Quann, Assistant City Attorney Marie Ware, Leisure Services Director Kyle Kritz, Associate Planner Dean Mattoon, Engineering Technician 2 Masterpiece on the Mississippi Westmok Subdvso 1L\ DAGIS, product of DLIUQUE AREA G= OGRAP111C U1rCR`1AT10N SYSTEM Open Space Lot R KV i r ! 01 Westbrook Sub. No 2 �` 7 zilt-'-iii ailli1111106111 IN III .0 , Westbrook Sub. DISCLAIMER: This information was compiled using the Dubuque Area Geographic Information System (DAGIS), which includes data created by both the City of Dubuque and Dubuque County. It is understood that, while the City of Dubuque and participating agencies utilized the most current and accurate information available, DAGIS and it suppliers do not warrant the accuracy or currency of the information or data contained herein. The City and participating agencies shall not be held liable for any direct, indirect, incidental, consequential, punitive, or special damages, whether foreseeable or unforeseeable, arising out of the authorized or unauthorized use of this data or the inability to use this data or out of any breach of warranty whatsoever. 1 inch = 350 feet 10050 0 100 200 300 400 Feet W Map Prepared by: City of Dubuque Engineering Division 50 West 13th Street Dubuque, Iowa 52001 Phone: (563) 589 -4270 Fax: (563) 589 -4205 11 n 11 111 11 11 11 11 Doc ID 007815940001 Type GEN Kind PARTIAL RELEASE OF MORTGAGE Recorded: 10/11/2013 at 02:42:35 PM Fee Amt: $7.00 Page 1 of 1 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2013- 00016365 Prepared by and Return to: American Trust & Savings,Zach Althaus, 895 Main St, Dubuque, IA 52001 (563) 582 -1841. PARTIAL RELEASE OF MORTGAGE Grantor: American Trust & Savings Bank Grantee: Callahan Construction, Inc. The American Trust & Savings Bankhereby certifies that a certainmortgage dated the 8th day of April, 2011, executed by Callahan Construction, Inc, an Iowa Corporation as Instrument No. 2011 -5297, in the Records of Dubuque County, State ofIowa is hereby released as to ONLY: Lot R of Westbrook Subdivision No. 2 in the City of Dubuque, Iowa, according to the recorded plat thereof. The said Mortgage is to remain in full force and effect and nothing contained shall in any way affect, alter, or diminish the lien or encumbrance of the aforesaid Mortgage on the remaining portion of said mortgage premised. Dated this 17th day of September, 2012. "NO SEAL" STATE OF IOWA, Dubuque COUNTY American Trust & Savings Bank By: .. - DariP P. Fischer, 2 "d Senior ce President By: Daniel E. Walsh, 2' Senior Vice President On this 17th day of September, 2012, before me, a Notary Public of Iowa in and forDubuque County, appeared Darin P. Fischer and Daniel E. Walsh, personally known who, being by me duly sworn, did say that they are the 2 "d Senior Vice President and 2 "d Senior Vice President respectively, of the American Trust & Savings Bank, and that no seal has been procured by said bank, and that the foregoing instrument was signed in behalf of said Bank by authority of its board of directors, and saicDarin P. Fischer and Daniel E. Walsh acknowledged said instrument to be the voluntary act and deed of said Bank. EMILY MIDDENDORF Commission Number 770269. My Comm, Exp. _ 4 Notary P lic in and for said County' 0 - vlee- ui 11 m II II 011 11 011111 0 Doc ID 007815950001 Type GEN Kind PARTIAL RELEASE OF MORTGAGE Recorded: 10/11/2013 at 02:42:46 PM Fee Amt: $7.00 Pape 1 of 1 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2013- 00016366 Prepared by and Return to: American Trust & Savings,Zach Althaus, 895 Main St, Dubuque, IA 52001 (563) 582 -1841. PARTIAL RELEASE OF MORTGAGE Grantor: American Trust & Savings Bank Grantee: Callahan Construction, Inc. The American Trust & Savings Bankhereby certifies that a certainmortgage dated the 8ch day of April, 2011, executed by Callahan Construction, Inc, an Iowa Corporation, as InstrumentNo. 2011 -5297, in the Records of Dubuque County, State ofIowa is hereby released as to ONLY: Lot Q of Westbrook Subdivision No. 2 in the City of Dubuque, Iowa, according to the recorded plat thereof. The said Mortgage is to remain in full force and effect and nothing contained shall in any way abt, alter, or diminish the lien or encumbrance of the aforesaid Mortgage on the remaining portion of said mortgage premised. Dated this 17th day of September, 2012. American Trust & Savings Bank 1 By: "NO SEAL" Darii P. Fii cher, 211 ° Sen. ®r Vice President STATE OF IOWA, Dubuque COUNTY By: Daniel E. Walsh, 2na Senior Vice President On this 17th day of September, 2012, before me, a Notary Public of Iowa in and forDubuque County, appeared Darin P. Fischer and Daniel E. Walsh, personally known who, being by me duly sworn, did say that they are the 2" Senior Vice President and 2" Senior Vice President respectively, of the American Trust & Savings Bank, and that no seal has been procured by said bank, and that the foregoing instrument was signed in behalf of said Bank by authority of its board of directors, and saitDarin P. Fischer and Daniel E. Walsh acknowledged said instrument to be the voluntary act and deed of said Bank. EMILY MIDDENDORF Commission Number 77026,9 My Comm. Exp. Pe Notary Public in and for said County /r A V EtICI iiiiiiii iiiiiiiiiiiii i 1111 iiiiiiiiiiiiiii 1111 IIIIIlI IIII Doc ID 007815960005 Type GEN Kind DEED WITH RESOLUTION Recorded: 10/11/2013 at 02:45:30 PM Fee Amt: $32.00 Page 1 of 5 Revenue Tax: $0.00 Dubuque County Iowa Kathy Flynn Thurlow Recorder Fi1e2013- 00016367 WARRANTY DEED o 7 (CORPORATE GRANTOR) THE IOWA STATE BAR ASSOCIATION rS Official Form No. 104 °etS0 Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Jennifer A. Clemens- Conlon 2080 Southpark Court Dubuque, Iowa 52003 Ph: (563) 582 -2926 Taxpayer Information: (Name and complete address) City of Dubuque, Iowa c/o Ken Tekippe, City Hall 50 West 13th Street Dubuque, Iowa 52001 Return Document To: (Name and complete address) City of Dubuque, Iowa c/o Ken Tekippe, City Hall 50 West 13th Street Dubuque, Iowa 52001 Grantors: Grantees: CALLAHAN CONSTRUCTION, INC. CITY OF DUBUQUE, IOWA Legal description: See Page 2 Document or instrument number of previously recorded documents: ©The Iowa State Bar Association 2005 IOWADOCS© o e 2700 THE IOWA STATE BAR ASSOCIATION Official Form No. 104 Jennifer A. Clemens- Conlon FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER VFA ?•, „Al z WARRANTY DEED (CORPORATE GRANTOR) ,rsOCr sc% For the consideration of Ten and No /100'($10.00) Dollar(s) and other valuable consideration, CALLAHAN CONSTRUCTION, INC. a corporation organized and existing under the laws of Iowa does hereby Convey to CITY OF DUBUQUE. IOWA the following described real estate in Dubuque County, Iowa: Lot R of Westbrook Subdivision No. 2 in the City of Dubuque, Iowa, according to the recorded plat thereof, subject to and together with easements and restrictions of record. The Grantee and all future Grantees of the property subject to this transfer assume the obligations and restrictions of the Grantor pursuant to the NPDES permit issued by the Iowa Department of Natural Resources Environment Protection Division, Permit No. 6125 -5929, for the property subject to this transfer. The Grantee and all future Grantees of the property subject to this transfer agree to pay, defend, indemnify and hold the Grantor harmless from any and all liabilities, claims and causes of action arising out of any violations or alleged violations of the permit. This Deed is exempt from transfer tax pursuant to Iowa Code section 428A,2(6). The Corporation 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 singular or plural number, according to the context. CALLAHAN CONSTRUCTION, INC. a(n) Iowa corporation,, Dated: 5� ,r / 7 2012 By -Ci 1-4) {IO.,L 6 (� lahan, jeYel M. Ca President Titre By Title STATE OF IOWA , COUNTY OF DUBUQUE This instrument was acknowledged before me on 2012 by Joel M. Callahan as President of CALLAHAN CONSTRUCTION, INC . �Pp1Al,dp �� � ,o r-t t3rJ F... �l �t'n iii rtJ'I�i Colr�mis>ion fdl�n�r /0d t4 �� IMy Comm Exp fy # I /�", - -... VVV ,Notary Public ©Thel viztorBarAssociation2005 E /2012 Callahan Construction, Inc. -City (Lot R WesttiQ$�%A iN�'Ug@gGQj2 ORATE GRANTOR) IOWADOCS® U L/K City ( LJ IIN Revised June 2005 Prepared by: Return to: R. Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 R. Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 RESOLUTION NO. 280 -13 ACCEPTING A DEED TO LOT R IN WESTBROOK SUBDIVISION NO. 2, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution 123 -11, Lot R, shown on the Final Plat of Westbrook Subdivision No. 2 as "Open Space ", was to be accepted upon completion of certain conditions as detailed in Section 8 of said resolution; and Whereas, the conditions detailed in Section 8 of Resolution 123 -11 have been fulfilled and met by the developer and the City Manager has reviewed the work, and has recommended that Lot R be accepted by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa hereby approves the acceptance of the attached Warranty Deed to the following legally described property: Lot R of Westbrook Subdivision No. 2 in the City of Dubuque, Iowa, according to the recorded plat thereof, subject to and together with easements and restrictions of record. Section 2. That the City of Dubuque be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, Section 3. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, adopted and approved this 3rd day of September, 2013. Attest: oy D. Buol, Mayor 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. 280 -13 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 4th day of September, 2013. Kevin S. Firnstahl, CMC, City Clerk 11 11 11 VII 11 11 11 11 11 I OI1 Doc ID 007815970002 Type GWH Kind GROUNDWATER HAZARD Recorded: 10/11/2013 at 02:46:08 PM Fee Amt: $0.00 Page 1 of 2 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2013- 00001760 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name Callahan Construction, Inc. Address c/o Joel M. Callahan, 7629 Commerce Park, Dubuque, Iowa 52002 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name City of Dubuque, Iowa Address c/o Ken Tekippe, City Hall, 50 West 13th Street, Dubuque, Iowa 52001 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: vacant Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary Lot R of Westbrook Subdivision No. 2 in the City of Dubuque, Iowa, according to the recorded plat t ereof, subject to and together with easements and restrictions of record. 1. Wells (check one) 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) ,1' 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. Hazardous 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) v- 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 (July 18, 2012) 5. Private 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. Priyate Sewage Disposal System (check one) All buildings on this property are served by a public or semi - public sewage disposal system. This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. 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: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFO MATION STATED ABOVE IS TRUE AND CORRECT. Signature: sferor or Agent) FILE WITH RECORDER Telephone No.: (563) 588 -4273 DNR form 542.0960 (July 18, 2012) REAL ESTATE TRANSFER - DECLARATION OF VALUE Please read the instructions on the reverse side BEFORE completing and filing this form. Part I - TO BE COMPLETED BY BUYER, SELLER OR AGENT SELLER: Callahan Construction, Inc. SSN or FEIN: 42- 1378000 L Seller Address: c/o Joel M. Callahan, 7629 Commerce Park, Dubuque, Iowa 52002 e- mail /phone (563) 588 -4273 BUYER: City of Dubuque, Iowa SSN or FEIN. 42- 6004596 Buyer Address: c/o Ken Tekippe, City Hall, 50 West 13th Street, Dubuque, Iowa 52001 e- --mail/phone: 6103 4-J 1 4 1 + 0 Address of Property Conveyed- vacant Date of Instrument- • ® Deed _i ❑ Contract _ 2 Legal Description: Lot R of Westbrook Subdivision No. 2 in the City of Dubuque, Iowa, according to the recorded plat thereof, subject to and together with easements and restrictions of record. Type of Sale (check all that apply): ❑ Fulfillment of prior year(s) contract ❑ Sale to /by Exempt Organization ❑ Auction Sale ❑ Corporate merger or reorganization ❑ Purchase of adjoining land ❑ Transfer of partial interest ❑ Quit Claim Deed ❑ Sale between family members or related parties ❑ Foreclosure, forfeitures, or transfers arising from default; forced sale Was this a sale of AG LAND to: ❑ Corporation ❑ Trust ❑ Alien ❑ Non - Resident Alien ❑ Limited Partnership A DECLARATION OF VALUE STATEMENT 1. Total Amount Paid $ 0.00 2. Amount Paid for Personal Property (see instructions) $ 3. Amount Paid for Real Property Only (1 minus 2) $ 0.00 - Contract Sale Information: Down Payment $ Interest Rate % Monthly Payment $ Length of Contract years Balloon Payment Date (if applicable) I HEREBY DE ARE TH THE INFORMATION CONTAINED IN PART I OF THIS FORM IS TRUE AND CORRECT AS DETAILE� T OF THIS FORM . Printed Name- Joel M. Callahan, President of Callahan Phone #: (563) 588 -4273 Construction, Inc. ❑ Buyer or ® Seller or ❑ Agent or ❑ Attorney PART II - TO BE COMPLETED BY THE ASSESSOR Signatur Classification of Property: ❑ Res 4_ ❑ Com _5_ ❑ Ind _2_ ❑ Ag _i_ • Deeded Acres: • OCC Primary Parcel Number ♦ ( attach list of additional parcels) • TLA/G BA • Tax District Full Assessed Value January 1 of Year of Sale Land Building Dwelling Total Good for study? ❑ Yes ❑ No NUTC A If No, give reason' Effective Date of Form 09/30/12 Iowa Department of Revenue 57006a (03/23/12)