Dodd's River Terminal, Inc._Excecuted Quit Claim Deed and ResolutionTHE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
BARRY LINDAHL
CITY ATTORNEY
To: Mayor Roy D. Buol and
Members of the City Council
DATE: November 5, 2013
RE: Dodds River Terminal, Inc.
At the October 21, 2013 City Council meeting the City Council approved an Agreement
between the City of Dubuque and Dodds River Terminal, Inc. pursuant to which Dodds
River Terminal, Inc. would release all interests in certain real estate in South Port.
Attached is a copy of the Quit Claim Deed from Dodds River Terminal, Inc. releasing all
of interests in the real estate.
I would request that the Deed and Resolution attached hereto be received and filed.
BAL:tls
Attachments
cc: Michael C. Van Milligen, City Manager
Steve Brown, Project Manager
F: \USERS \tsteckle \Lindahl \Dodds ( 2013) \MayorCouncil_ Receive& FileQuitClaimDeed &Resol_110513.doc
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
Return to Kevin Firnstahl, 50 W. l3`h Street, Dubuque, IA 52001 563- 589 -4121
RESOLUTION NO. 310 -13
A RESOLUTION ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN
DUBUQUE COUNTY, IOWA FROM DODDS RIVER TERMINAL, INC.
WHEREAS, the City of Dubuque, Iowa (City) has leased the real property described
in Exhibit A to Dodds River Terminal, Inc. (Dodds) or its predecessors; and
WHEREAS, City and Dodds have a dispute as to when the leases terminate and
whether Dodds continues to have an interest in the real estate which is the subject of
the leases; and
WHEREAS, to resolve the issues, City filed a declaratory judgment lawsuit in the
District Court for Dubuque County; and
WHEREAS, Dodds and City have reached the following agreement for the resolution
of the issues, pursuant to which Dodds will release all interest in the real estate and the
leases, City will pay Dodds $32,500.00, City will dismiss the lawsuit, and Dodds will
remove all personal property, equipment and material from the leased premises within
thirty (30) days; and
WHEREAS, the City Council finds that it is in the interests of the City of Dubuque to
approve the agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA AS FOLLOWS:
Section 1. The agreement between the City of Dubuque, Iowa and Dodds River
Terminal, Inc. is hereby approved.
Section 2. The City of Dubuque accepts the Quit Claim Deed attached hereto.
Passed, approved and adopted this 21st day of October, 2013
Attest:
Ke n irnstahl, City ' erk
oy D. Buol, Mayor
EXHIBIT A
A tract of land southerly and abutting the lease of Dubuque Tank Terminal
Company as outlined in Par. 3 of lease and agreement between City of Dubuque
through its Board of Dock Commissioners and Dubuque Tank Terminal Company
as dated December 7, 1963 - - - -
Commencing with the northwest corner of the Dock House of the City of Dubuque
Board of Dock Commissioners, thence along the north face of said Dock House to
the northeast corner thereof a distance of 79.5 feet, thence southerly and along the
east face of said Dock House a distance of 77.5 feet to the point of beginning of the
property to be described, thence continuing southerly along said east face of said
Dock House a distance of approximately 135.83 feet, more or less, to the
right -of -way line of the Julien Dubuque Bridge (this right -of -way is 50 feet distant
and normal to the center line of said bridge), thence easterly and along said
right -of -way of said bridge a distance of 110 feet, more or less, thence northerly and
parallel to the said east face of said Dock House to the southerly line extended of
the aforesaid Dubuque Tank Terminal Company lease, thence South 87 degrees
43 1/2 minutes West, 110 feet to the point of beginning, excepting the clearance
area around pier No. 18 of the Julien Dubuque Bridge which is required by the Iowa
Highway Commission and is to remain free and clear of any further fill or loadings
which might or could cause settlement of the said bridge pier;
and
Commencing at the Southeast corner of Block 6 in Dubuque Harbor Company's
Addition to the City of Dubuque, Dubuque County, Iowa;
Thence South 82° East 154.05 feet;
Thence South 3 °38' East 226 feet to the point of beginning;
Thence South 87 °42'30" West 121.87 feet;
Thence South 3 °23'25" West 30.2 feet;
Thence North 87 °42'30" East 104.12 feet;
Thence South 2 °17'30" East 192.76 feet;
Thence North 87 °42'30" East 101.5 feet;
Thence North 2 °17'30" West 222.73 feet;
Thence South 87 °42'30" West 80.83 feet to the point of beginning; with an
area of 25,683.7 square feet.
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. 310 -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 22nd day of October, 2013.
(SEAL)
,•iwzr_a!nJ
Kevi
S. Firnstahl, MC, Clerk
Prepared By: Arthur F. Gilloon, Gilloon, Wright & Hamel, P.C., 770 Main Street, Dubuque, IA
52001 -6820; (563) 556 -6433
Address Tax Statement: Finance Director, City Hall, 50 West 13th St., Dubuque, Iowa 52001
Return Document: Barry A. Lindahl, 300 Main St., Suite 330, Dubuque, Iowa 52001
QUIT CLAIM DEED
For the consideration of Ten Dollars ($10.00) and other valuable consideration, Dodds
River Terminal, Inc., an Iowa Corporation, does hereby Quit Claim to the City of
Dubuque, Iowa all of its right, title, interest, estate, claim and demand in the following
described real estate in Dubuque County, Iowa:
A tract of land southerly and abutting the lease of Dubuque Tank Terminal
Company as outlined in Par. 3 of lease and agreement between City of
Dubuque through its Board of Dock Commissioners and Dubuque Tank
Terminal Company as dated December 7, 1963 - - - -
Commencing with the northwest corner of the Dock House of the City of
Dubuque Board of Dock Commissioners, thence along the north face of
said Dock House to the northeast corner thereof a distance of 79.5 feet,
thence southerly and along the east face of said Dock House a distance of
77.5 feet to the point of beginning of the property to be described, thence
continuing southerly along said east face of said Dock House a distance of
approximately 135.83 feet, more or less, to the right -of -way line of the
Julien Dubuque Bridge (this right -of -way is 50 feet distant and normal to
the center line of said bridge), thence easterly and along said right -of -way
of said bridge a distance of 110 feet, more or less, thence northerly and
parallel to the said east face of said Dock House to the southerly line
extended of the aforesaid Dubuque Tank Terminal Company lease,
thence South 87 degrees 43 1/2 minutes West, 110 feet to the point of
beginning, excepting the clearance area around pier No. 18 of the Julien
Dubuque Bridge which is required by the Iowa Highway Commission and
is to remain free and clear of any further fill or loadings which might or
could cause settlement of the said bridge pier;
A tract of land bounded on the south by the north line of Tract "A" of the
present Sinclair Oil Company lease, on the east by the top of the river
bank, on the north by a line extending westerly from the north end of the
trestle parallel with the south wall of the Municipal River -Rail Terminal
building, and on the west by the east line of the right -of -way of the
Municipal River -Rail Terminal tracks;
and
Commencing at the Southeast corner of Block 6 in Dubuque Harbor
Company's Addition to the City of Dubuque, Dubuque County, Iowa;
Thence South 82° East 154.05 feet;
Thence South 3 °38' East 226 feet to the point of beginning;
Thence South 87 °42'30" West 121.87 feet;
Thence South 3 °23'25" West 30.2 feet;
Thence North 87 °42'30" East 104.12 feet;
Thence South 2 °17'30" East 192.76 feet;
Thence North 87 °42'30" East 101.5 feet;
Thence North 2 °17'30" West 222.73 feet;
Thence South 87 °42'30" West 80.83 feet to the point of beginning; with an
area of 25,683.7 square feet.
And all right, title and interest in and to any lease agreements for the above described
real property, including, but not limited to, the following lease agreements and all real
property referred to or described in such lease agreements
Lease and Agreement dated May 13, 1958
Lease and Agreement dated January 23, 1961
Amendment to Lease and Agreement dated October 4, 1968
Reconstruction of Lease and Agreement dated October 4, 1968
First Amendment of Lease and Agreement dated November 21, 1972
Lease and Agreement dated April 10, 1979
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; according to the context.
No transfer tax is due per Iowa Code Section 428A.2(6) Deed where City is the grantee
because consideration for this deed is less than $500.00.
Dated this c ) day of C> l 0/1E/2-, , 2013.
DODDS RIVER TERMINAL, INC., an Iowa corporation
By:
Dennis P. Dodds, President
STATE OF IOWA, DUBUQUE COUNTY, ss:
On this 2, day of October, 2013, before me, the undersigned, a Notary Public in and
for the State of Iowa, personally appeared Dennis P. Dodds, to me personally known,
who being by me duly sworn, did say that he is the President of Dodds River Terminal,
Inc.; that said instrument was signed on behalf of the corporation by authority of its
Board of Directors; and that Dennis P. Dodds as said officer acknowledged the
execution of the foregoing instrument to be the voluntary act and deed of the
corporation, by it and by him voluntarily executed.
I
Arthur F. Gilloon , Notary Public
POAL S
O f
*
IOWA
ARTHUR F. GILLOON
COMMISSION NO. 111248
MY CO MIS ION EXPIRES