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Stover Resolution library parking lotBARRY A. LINDAH CITY ATTORNEY MEMO To: Mayor Roy D. Buol and Members of the City Council DATE: December 27, 2006 Re: Acceptance of Deed for Library Parking Lot from Greg and Peggy Stover The City entered into a Purchase Agreement with Greg and Peggy Stover for the purchase of a parking lot on Bluff Street for the Library. We closed on that purchase on December 22, 2006. Enclosed is a resolution accepting the deed to the property. I recommend that the City Council adopt the resolution. Attachment cc: Michael C. Van Milligen, City Manager Jeanne Schneider, City Clerk 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 BARRY A. LINDAHL, CITY ATTORNEY MEMO To: Jeanne Schneider City Clerk DATE: December 22, 2006 Re: Purchase of Property from Greg and Peggy Stover Jeanne: Enclosed is a Resolution Accepting the Deed and the Deed to property recently purchased by the City from Greg and Peggy Stover. This is an agenda item for the January 3rd City Council meeting. Once the Resolution is approved, I would appreciate it if you would record the following documents: 1. Resolution Accepting the Deed; 2. Deed; 3. Declaration of Value; 4. Groundwater Hazard Statement; 5. (3) Partial Release of Mortgage forms. A check in the amount of $21.00 is enclosed for recording the Partial Releases of Mortgage. A check in the amount of $183.20 is enclosed for the Real Estate Transfer Stamps. I would appreciate it if you would please send me copies of the documents once they are recorded. Thank you for your assistance with this matter. Enclosure OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org m o< m~~ O O a~ m0 C : ~5T O ~ of xy >m r r [ §f ~R ~ m y ~^~ ~im~ os ~ 1N~ ((~~ 1V\ C y i• O ^~ ~ n ~ ~ z r O ~ r r p1 © C ~, ~ 7ti, ~` + r .: r u~ p w m d N N A r~ N I fi` [ O ~ ~ O v ' O ~ A ~~ r S~ r ti ~ ~ a , b s ~~ ' O . ~ My 1 "V O o~ 0 N~ c~ m O ~ "~ .. l na a J ~ . -~ Z ~ -~ e ~ ~ ~ _ N J . . . ~ wo .Ea =~$ 'u gg asQ ~e~~ .a W W b W s ~ ~U~ ~O OW \/~.~\\ ~ ' ~ O O O a"1m >~ V w . ~~~ ao ~ Prepared by Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 Return to Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 RESOLUTION NO. ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM GREGORY JON STOVER AND PEGGY E. STOVER Whereas, the City of Dubuque entered into an Agreement with Gregory Jon Stover and Peggy E. Stover for the purchase of the following described real property in Dubuque County, Iowa: The Easterly 115 feet of Lot 760, Lot 760A, and Lot 7768, all in McDaniel's Subdivision of Town Lots in the City of Dubuque, Iowa, according to the recorded plat thereof, subject to easements of record; 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: Section 1. The City of Dubuque hereby accepts the Deed from Gregory Jon Stover and Peggy E. Stover, attached hereto; and Section 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 3`d day of January, 2007. Roy D. Buol, Mayor Prepared by Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583113 Retum to Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583113 RESOLUTION NO. 1-07 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM GREGORY JON STOVER AND PEGGY E. STOVER Whereas, the City of Dubuque entered into an Agreement with Gregory Jon Stover and Peggy E. Stover for the purchase of the following described real property in Dubuque County, Iowa: The Easterly 115 feet of Lot 760, Lot 760A, and Lot 7766, all in McDaniel's Subdivision of Town Lots in the City of Dubuque, Iowa, according to the recorded plat thereof, subject to easements of record; 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: Section 1. The City of Dubuque hereby accepts the Deed from Gregory Jon Stover and Peggy E. Stover, attached hereto; and Section 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 3rd day of January, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC,City Clerk Attest: Jeanne F. Schneider, City Clerk F:\USERS\tsteckle\Lindahl\Stover Greg (Library Parking Lot~\ResolutionAcceptingRealEstate_121906.doc ©THE IOWA STATE BAR ASSOOIATION ORcial Form No. 101 ~ January 2006 W11Ilam A. COIIZett ISBA ~ 6785 FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT VOUR LAWYER Return Document to: Barry A. Lindahl Suite 330 300 Main St Dubuque IA 52001 Preparer Information: William A. Conzett, 491 W. 4th St., Dubuque , IA 52001, Phone: (563) 556-8552 Address Tax Statement: City of Dubuque Iowa, 1300 Main St Dubuaue IA 52001 ' WARRANTY DEED - !~ - , Forthe consideration of Ten ($10.00) Dollar(s) and other valuable consideration, Gregory Jon Stover and Peggv E. Stover husband and wife do hereby Convey to City of Dubuque, Iowa the following described real estate in Dubuque County, Iowa: The Easterly 115 feet of Lot 760, Lot 760A, and Lot 776B, all in McDaniel's Subdivision of Town Lots in the City of Dubuque, Iowa, according to the recorded plat thereof, subject to easements of record. Grantors do Hereby Covenant with grantees, and successors in interest, that grantors hold the real estate by title in fee simple; that they have 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 grantors Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. 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, and as masculine or feminine gender, according to the context. ~j Da d: 2 Q f'( ZCJ~Fj Grantor + Grantor Gregory o e Peggy . S over (Grantor) (Grantor) STATE OF IOWA ,COUNTY OF DIIB O E This instrument was acknowledged before me on Oc ~ Z O^FH ,2no6 , by Greeorv Jon Stover and Peggv E Stover hu band and wife " CIA rFES E. GRO 'S ~ r ,Notary Public Comnissron Number 701175 This form of acknowled ment for individual ral{t s ptY C r n Exp. L~~ REAL ESTATE TRANSFER -DECLARATION OF VALUE - Please read the filing instructions BEFORE completing this form. To enter information, use the "Tab" key to move to each field. PART I - TO BE COMPLETED BY BUYER, SELLER, OR AGENT (Please Type or Print Legibly) Social Security No. SELLER -Name Greggry Jon Stover and Peggy E. Stover (or Federal I.D. No.) - Address 1145 Locust St. Dubuque IA 52001 Number antl SVeet or Rural Route City, Town or Post Ottice State Zip Social Security No. - BUYER Name City of Dubuque, Iowa (or Federal I.D. No.) 42-6004596 Address 1300 Main St. Dubuaue IA 52001 Number and Street or Rural Route City, Town or Post Office State Zip Address of Property Conveyed Parking Lot. No address assirned. Number end Street or Rural Route City, Town or Post Office State Zip Legal Description of Property The Easterly 115 feet of Lot 760, Lot 760A, and Lot 776B, all in McDaniel's Subdivision of Town Lots in the Ci of Dubunne. Iowa according to the recorded nlat thereof vt 'ect to eacementc of record If this is a sale of AGRICULTURAL LANDto one of the following persons or entities, please check (x) the appropriate box. QCorporation Trust Alien ~NOn-Resident Alien Limited Partnership 1. Total Amount Paid $ 115 000 00 .................................................................................................. 2. Amount Paid for Personal Property (See Instructions) $ - 3. Amount Paid for Real Property Only (1 minus 2) $ 115.000.00 4. Contract Sale Information -Please See Instructions Down Payment $ ~ Interest Rate _ %~ Monthly Payment ~ Length of Contract years Balloon Payment Date (if applicable) ~ SALES CONDITIONS: Check 1X1 ALL of the following that cooly to this sale Q Sale Between Family Members (See Instructions; II~-II Corporate Merger or Reorganizatior Purchase of Adjoining Land Fulfillment of Prior Year Contract I I Exchange for Other Property ("Trade") ~ Auction Sale . Transfer of Partial Interest ^ Sale to/by Exempt Organ¢ation Ouit Claim Deetl Other (Explain) (HEREBY Signature: Date of Instrument Date of Recording T THE INFORMATION CONTAINED IN PART 1 OF THIS FORM IS TRUE AND CORRECT. -Contract ~ Deed Telephone Number (~~) ~~ p - q S ~ 3 PART II - TO BE COMPLETED BY RECORDER Book (or instrument Paga (or inslument - itlentrficalion) identification) City or Township County Real Estate Transfer Tax Paid ~~ Classification of Property PART III - TO BE COMPLETED BY ASSESSOR AGRICULTURAL REALTY (i) Qlmproved Fann Dwelling (2) QUnimproved Farm (t)QUrban (2)QRural COMMERCIAL RESIDENTIAL (1) OBusiness (3) OApartment (1) OSingle-Family Dwlg. (2) OOffice (4) QO[her (2) Two-Family Dwlg. INDUSTRIAL Story Height (t) OLOt & Bldgs. Age of Dwelling SALES CONDITIONS Lot Assessed As Unplatted Land Sale of Portion of Property ("Split") Partial Assessment Other (Explain Below) _~` rr~C A 8 C D E F - Fiddso(Oppormrtities (For Dept. of Revenue Use Only) NOTE' ASSESSED VALUE Assessment Data SALES RATIO MUST SEAS OF JANUARY I, LAND BLDGS. TOTAL D OF THE YEAR IN WHICH THE SALE OCCURRED $ ~ $ % Assessor Comments ~~~ APPROVED BV IDR DEPARTMENT OF REVENUE 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 Gregory Jon Stover and Peggy E. Stover Address 1145 Locust St, Dubuque IA 52001 Number and StreM Or RR City, TOwn orP O. State Zip TRANSFEREE Name City of Dubuque, Iowa Address 1300 Main St, Dubuque [A 52001 Number and SVeei ar RR City, TOwn or P.O. Slale Zip Address of Property Transferred Parking Lot. No address assigned. Num er en Street or RR ny, Town, or P.O. State Zip Legal Description of Property The Easterly 115 feet of Lot 760, Lot 760A, and Lot 776B, all in McDaniel's Subdivision of Town Lots in the City of Dubuque, Iowa, according to the recorded plat thereof, subject to easements of record. 1. Wells (check one) )ZThere are no known wells situated on this property. J There 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) 't7~'fhere is no known solid waste disposal site on [his property. 1 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. =1 There is a solid waste disposal site on this property which has been deemed to be potentially hazardous by [he Department of Natural Resources. The location(s) of the site(s) is stated below. 3. Hazardous Wastes (check one) (There is no known hazardous waste on this property. .. There is hazardous waste on this property and it is being managed in accordance with Department of Natural Resources rules. 4. Underground 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.) ~ There is an underground storage tank on this property. The Type(s), size(s) and any known substance(s) contained are described below. 5. Private Burial Site (check one) There are no known private burial sites on this property. I -. 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: Attachment for Additional Information? Y / N If so, number of pages I HEREBY DFiELARE THAT THE INFORMATION CONTAINED IN PART 1 OF THIS STATEMENT IS TRUE AND CORRECT. Signature: ansreror or A enn Date of Instrument Dale of Recording Deed l! Contract J County DNR form (November 02) PART II - TO BE COMPLETED BY RECORDER Telephone Number: ,S6 3 -, SQO- 9 S ~3 Book/LD. City or Township Page/I. D. FILE WITH RECORDER 542-0960 PARTIAL RELEASE OF MORTGAGE PREPARED BY: Tracie Hammerand, East Dubuque Savings Bank 475 Cedaz Cross Rd. Dubuque IA 52003 563- 556-7700. LOAN#1050833 East Dubuque Savings Bank, Dubuque, Iowa hereby certifies that a certain Mortgage dated Mazch 2, 2005, executed by Gregory J. Stover and Peggy E. Stover, husband and wife as joint tenants with full rights of survivorship and not as tenants in common, recorded Mazch 11, 2005, as instrument No. 2005-3477 of the Mortgage Records of Dubuque County, State of Iowa, is hereby released as to: THE EASTERLY 115 FEET OF LOT 760 BN MCDANIEL'S SUBDIVISION OF TOWN LOTS IN THE CITY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, SUBJECT TO EASEMENTS OF RECORD. ONLY The said Mortgage is to remain in full force and effect and nothing herein contained shall in any way affect, alter, or diminish the lien or encumbrance of the aforesaid Mortgage on the remauvng portion of said mortgaged premises. Dated this 12s' day of December, 2006. STATE OF IOWA ) ss: COUNTY OF DUBUQUE ) EAST DUBUQUE SAVINGS BANK By. ~cG~.c.t..c-~L,~. ~i~~1 Patrick A. Hut , 'ae;- sident By: ERIK A. B GTSON, ASSISTANT VICE PRESIDENT The foregoing instrument was acknowledged before me this 12th day of December, 2006 by Patrick A. Hutchins, Vice President and Kazen M. Meyer, First Vice President of Real Estate of East Dubuque Savings Bank, an Iowa corporation on behalf of the corporation. ADRIANA AMAYA _° ~ Commission Number 737755 My Camm. Exp. NOV 23, 2008 r~/~ Notary Public PARTIAL RELEASE OF MORTGAGE PREPARED BY: Tracie Hammerand, East Dubuque Savings Bank 475 Cedaz Cross Rd. Dubuque IA 52003 563- 556-7700. LOAN #1057000 East Dubuque Savings Bank, Dubuque, Iowa hereby certifies that a certain Mortgage dated May 5, 2006, executed by Gregory J. Stover and Peggy E. Stover, husband and wife as joint tenants with full rights of survivorship and not as tenants in common, recorded May 16, 2006, as instrument No. 2006-7066 of the Mortgage Records of Dubuque County, State of Iowa, is hereby released as to: THE EASTERLY 115 FEET OF LOT 760 IN MCDANIEL'S SUBDIVISION OF TOWN LOTS IN THE CITY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, SUBJECT TO EASEMENTS OF RECORD. ONLY The said Mortgage is to remain in full force and effect and nothing herein contained shall in any way affect, alter, or diminish the lien or encumbrance of the aforesaid Mortgage on the remaining portion of said mortgaged premises Dated this 12th day of December, 2006. STATE OF IOWA ) ss: COUNTY OF DUBUQUE ) EAST DUBUQUE SAVINGS BANK Patrick A. H s, ce sident By: ERIK A. GTSON, ASSISTANT VICE PRESIDENT The foregoing instrument was acknowledged before me this 12th day of December, 2006 by Patrick A. Hutchins, Vice President and Kazen M. Meyer, First Vice President of Real Estate of Eas[ Dubuque Savings Bank, an Iowa corporation on behalf of the corporation. ~. ADRIANA AMAYA _,°? Commiss~,on Number 737755 Notary Public My Cumm. Exp, NOV 23, 2008 PARTIAL RELEASE OF MORTGAGE PREPARED BY: Trade Hammerand, East Dubuque Savings Bank 475 Cedaz Cross Rd. Dubuque IA 52003 563- 556-7700. LOAN #4013134 East Dubuque Savings Bank, Dubuque, Iowa hereby certifies that a certain Mortgage dated December 6, 2003, executed by Gregory Jon Stover and Peggy E. Stover, husband and wife as joint tenants, recorded December 23, 2003, as instrument No. 32797-2003 of the Mortgage Records of Dubuque County, State of Iowa, is hereby released as to: THE EASTERLY 115 FEET OF LOT 760 IN MCDANIEL'S SUBDIVISION OF TOWN LOTS IN THE CITY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, SUBJECT TO EASEMENTS OF RECORD. ONLY The said Mortgage is to remain in full force and effect and nothing herein contained shall in any way affect, alter, or diminish the lien or encumbrance of the aforesaid Mortgage on the remaining portion of said mortgaged premises. Dated this 12'" day of December, 2006. By: STATE OF IOWA ) ss: COUNTY OF DUBUQUE ) EAST DUBUQUE SAVINGS BANK By: 1 ~-~ A~ ERIK A. )31rNGTSON, ASSISTANT VICE PRESIDENT The foregoing instrument was acknowledged before me this 12th day of December, 2006 by Patrick A. Hutchins, Vice President and Kazen M. Meyer, First Vice President of Real Estate of East Dubuque Savings Bank, an Iowa corporation on behalf of the corporation. AURIAPv~'4 AMAYA ~~~"~,~,f~GC ~.~Zl~ Comm~ss'on Number 727755 G(//i My Coml. Exc. N04 23, 2008 Notary Public