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Edward Green Property AgreementPreparers Stephen W. Scott,100 W.12th St., P.O. Box 703, Dubuque, IA 52004-0703; Ph 563-588-0547 Send Tax Statement to: Return recorded document to: Stephen W. Scott,100 W.12th St., P.O. Box 703, Dubuque, IA 52004-0703 Grantor: City of Dubuque, Iowa, 50 West 13~' St., Dubuque, IA 52001 Grantee: Edward A. Green, 7826 St. Joe Prairie Rd., Dubuque, IA 52003-9249 AGREEMENT This Agreement is entered between Edward A. Green (referred to as "Green"), and the City of Dubuque, Iowa, (referred to herein as "City"). RECITALS 1. Edward A. Green was the owner of real estate located to the south of the Dubuque Airport. In 1997, the City advised Green that they desired to condemn a portion of his property for development of the north-south runway at the Dubuque Regional Airport. 2. After negotiations between the City and Green, the parties entered into an agreement, whereby Green agreed to convey property described as: "Lot 1 of the NE quarter of the NW quarter and Lot 1 of the SE quarter ~f the NW quarter, Sec. 34, T. 88 N, R 2 E. of the Fifth PM, Dubuque County, Iowa, according to the recorded plat thereof. Excepting and reserving to Grantor, his successors, and assigns, a permanent right of way easement 32 feet in width along the south line of the property herein transferred. This easement shall be graded, graveled and thereafter maintained by buyer in accordance with the Dubuque County road maintenance standards." 3. There were other terms entered into between the City and Green as part of the settlement contract which survived the closing and which the parties agreed would be binding upon Green and the City. 4. After the conveyance of the property described in Paragraph 2 above to the City, Green remained the owner of the following described land: The North West 1/4 (excepting Lot 1 of the NE quarter of the NW quarter and Lot 1 of the SE quarter of the NW quarter), and the West One-half of the South West 1/4 of Sec. 34, Township 88 North, Range 2 East of the 5`t' PM, in Dubuque County, Iowa, according to the United states Government Survey thereof, subject to easements of record. 5. Because the Warranty Deed from Green to the City dated July 14, 1998, and filed on July 14, 1998, as Instrument #11062-98 of the records of Dubuque County, Iowa, did not contain all of the provisions to which the parties agreed, Green and the City enter this Agreement to memorialize additional obligations of the parties which were included in the purchase contract entered between the parties. IT IS THEREFORE AGREED: 1. The City agrees to construct and maintain a new entrance gate (two 16' gates) at the west end of the easement on the property line between the sellers remaining real estate described above and city property. 2. The City will maintain in its present condition the existing the line outlet on the land being sold near the west end of Merlin Lane so as to drain a portion of the Green's remaining land, provided that the Green's shall make no further attachments to this existing drainage the line. The location of this the line is generally shown on the attached "Exhibit A", but its location is not to scale. 3. The City shall be responsible for the construction and maintenance of all fencing between Green's remaining land described above, and land owned by the City. The location of this fencing is shown on "Exhibit A" attached. This includes the obligation to install and maintain the 32 foot wide gate at the west end of the easement described herein and shown on "Exhibit A". 4. The City agrees that Lytle Creek will continue to drain into the present creek location on Green's land and the City shall construct an erosion control structure in the .92 acre permanent drainage easement being acquired by the City from Green. The City agrees that Lytle Creek will continue to drain into the present creek location within the .92 acre drainage easen-gent location. The location of Lytle Creek is identified on "Exhibit A". The City agrees that it will never: A. Petition to vacate Merlin Lane; B. Obstruct Merlin Lane or Green's easement across the real estate described in Paragraph 2 of the Recitals above. Should the City ever violate the above provisions of this Paragraph, the City shall compensate Green for all damages sustained by Green including, but not limited to, the cost of building an alternate equivalent road from Skyline Road (Highway D-41) to the building site on Green's farm. The North West 1/4 (excepting Lot 1 of the NE quarter of the NW quarter and Lot 1 of the SE quarter of the NW quarter), and the West One-half of the South West ll4 of Sec. 34, Township 88 North, Range 2 East of the 5~` PM, in Dubuque County,.Iowa, according to the United states Government Survey thereof, subject to easements of record. 5. Because the Warranty Deed from Green to the City dated July 14, 1998, and filed on July 14, 1998, as Instrument #11062-98 of the records of Dubuque County, Iowa, did not contain all of the provisions to which the parties agreed, Green and the City enter this Agreement to memorialize additional obligations of the parties which were included in the purchase contract entered between the parties. IT IS THEREFORE AGREED: 1. The City agrees to construct and maintain a new entrance gate (two 16' gates) at the west end of the easement on the property line between the sellers remaining real estate described above and city property. 2. The City will maintain in its present condition the existing the line outlet on the land being sold near the west end of Merlin Lane so as to drain a portion of the Green's remaining land, provided that the Green's shall make no further attachments to this existing drainage the line. The location of this the line is generally shown on the attached "Exhibit A", but its location is not to scale. 3. The City shall be responsible for the construction and maintenance of all fencing between Green's remaining land described above, and land owned by the City. The location of this fencing is shown on "Exhibit A" attached. This includes the obligation to install and maintain the 32 foot wide gate at the west end of the easement described herein and shown on "Exhibit A". 4. The City agrees that Lytle Creek will continue to drain into the present creek location on Green's land and the City shall construct an erosion control. structure in the .92 acre permanent drainage easement being acquired by the City from Green. The City agrees that Lytle Creek will continue to drain into the present creek location within the .92 acre drainage easeYr~ent location. The location of Lytle Creek is identified on "Exhibit A". 5. The City agrees that it will never: A. Petition to vacate Merlin Lane; B. Obstruct Merlin Lane or Green's easement across the real estate described in Paragraph 2 of the Recitals above. Should the City ever violate the above provisions of this Paragraph, the City shall compensate Green for all damages sustained by Green including, but not limited to, the cost of building an alternate equivalent road from .Skyline Road (Highway D-41) to the building site on. Green's farm. 6. All rights and duties created herein shall run with the land described in this Agreement, and shall be binding upon the heirs, executors, administrators, assigns and successors of interest of the parties to this Agreement. /~ -~ (X Edward A. Green, a single person STATE OF IOWA ) ss. DUBUQUE COUNTY ) On this 16 day of _r2 bTU~ Ty , 2007, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Edward A. Green, a single persc;n, to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. '(.fill Notary Public in and for the State of Iowa The City of Dubuque, Iowa, an Iowa Munic' al Corporation by: - ~ f~ll E:~USersWianelGreen Etl Airport Apre.apr State of Iowa ) ss: County of Dubuque ) ~~~ti. On this / ~ day of _~/r~~~-~ " ~ / ,before me, the undersigned, a Notary PublJC m and for the State of Iowa, personally appeared Roy D. Buol to me personally known, who, being by me duly sworn, did say that he is the Mayor of the City of Dubuque, Iowa; a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the City, and that the instrument was signed and sealed on behalf of the City, by authority of its City Council, and Roy D. Buol acknowledged the execution of the instrument to be his voluntary act and deed. Ndtary Public in and for said State o`•"`"~ aF KEVIN S. FJRNSTAHL a ~ COMMISSION N0.745295 MY COMMISSION EXPIRES ~O'"'' 2/12/l0 THE CITY OF DUB E ~-~-~ MEMORANDUM ~- ~_ -= March 13, 2007 ~ ~~, '~~ G v m TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Edward Green Property Agreement -Airport Q W 0 Assistant City Attorney Tim O'Brien is recommending approval of an agreement with Edward Green that can be recorded at the Recorder's Office that incorporates the agreed upon conditions of a 1998 land purchase. I concur with the recommendation and respectfully request Mayor and City Council approval. u /L ~~ Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Tim O'Brien, Assistant City Attorney Robert Grierson, Airport Manager ,-~-, 1 ~~~ ;~(l l~ .LAMES (TIM A. O'BRIEN, ESQ. ASSISTANT CITY ATTORNEY MEMO To: Michael C. Van Milligen City Manager DATE: February 27, 2007 RE: Edward Green Property A~eement -Airport In July 1998, the Gity through the Airport Commission entered into an agreement to purchase property from Edward Green for the new Airport runway. Mr. Green later signed a deed to the City transferring the property. As part of the purchase agreement the City agreed to a number of conditions referred to in the "Additional Provisions" of the agreement, a copy of which is enclosed herewith. Only one of those conditions is contained in the deed. The rest of the conditions are simply a binding agreement by the City which can be enforced by Mr. Green if the City does not honor its agreement. Mr. Green has expressed the concern that with the passage of time people (both City staff and Mr. Green's family) may forget about those conditions and he would like to record a document in the Recorder's Office which preserves those conditions. To this end he had his attorney provide an agreement which can be recorded. I have reviewed the agreement and it incorporates the terms to which the City agreed in 1998. The agreement prepared by Mr. Green's attorney is enclosed and I would ask that it be submitted to the City Council for approval and signature. A resolution for that purpose is also enclosed. Enclosure cc: Robert Grierson, Airport Manager (no enc.) OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-8550 / FAx (563) 583-1040 / EMAIL tiobrien@cityofdubuque.org SELLER: EDWARD A. GREEN BIIYER: CITY OF DIIBIIQiJE, IOWA 18. ADDITIONAL PROVISIONS. (a) Seller reserves a permanent easement across the real estate being sold to Buyer (a distance of 185 feet) from the West right-of-way line of Merlin Road to the East property line of Seller's remaining real estate. This permanent easement shall be for vehicular, pedestrian and livestock traffic, 32 feet in width and shall be a permanent easement for the benefit of Seller's remaining land. Buyer agrees to grade, gravel and maintain the easement area. Buyer further agrees to construct and maintain a new entrance gate at the West end of the easement on the property line between Buyer's land and Seller's remaining real estate. (b) Buyer will maintain in its present condition the existing the line outlet on the land being sold near the West end of Merlin Lane so as to drain a portion of Seller's remaining land, provided that Seller shall make no further attachments to this existing drainage the line. (c) Buyer shall be responsible for the construction and maintenance of all fencing .between Seller's remaining land and Buyer's land. This includes the 32 foot wide gate which Buyer shall install and maintain at the West end of the easement described in Paragraph (a) above. (d) Seller shall be permitted to harvest the crop naw growing on the land being sold under this Contract provided that Seller completes the harvest o£ the crop by January 1, 1999. (e) In addition to the consideration specified in Paragraph 1, Buyer shall also pay the expense of continuing Seller's abstract, the Iowa real estate transfer tax on the Deed, the preparation of all closing documents, and the recording of Exhibit A Plat of Survey. (f) Buyer agrees that Lyttle Creek will continue to drain into the present creek location on Seller's land and Buyer shall construct an erosion control structure in the .92 acre permanent drainage easement being acquired by Buyer from Seller. Buyer agrees that Lyttle Creek will continue to drain into the present creek location within the .92 acre drainage easement location. (g) Buyer further agrees that it will not at any time in the future petition Dubuque County to vacate Merlin Lane; that it will never obstruct Merlin Lane or Seller's easement across Buyer's real estate being acquired under this Contract and that any such conduct by Buyer shall cause Buyer to be responsible for all damages sustained by Seller, including but not limited to the cost of building an alternate equivalent road from Skyline Road to the building site on Seller's farm. (h) The terms of this Contract shall survive the closing and shall continue to be binding on Seller and Buyer. Dated: June 26, 1998 EDWARD A. GREEN, Seller 7HE IOWA STATE BAR ASSOCIATION Omelal Form No. 743 1$BA # FOR THE LEnAL EFFECT OF THE USE of THIS FORM, CONSULT YOUR LAWYER prepuer Louis P. Pfeiler 679 Bluff Street Dubuque (319)556-7111 Inlorma8on Individual's Name SVes[ Address City Phone SPACE ABOVE THIS LINE y ~ •'• r~ ~ FOR RECORDER REAL ESTATE CONTRACT (SHORT FORM) ,+ ~1,.4 IT IS AGREED between EDWARD A GREEN, a Single man ("Sellers"); and CITY OF DUBUQUE lOWA ("Buyers'). Sellers agree to sell end Buyers agree to buy real estate in Dubuque County, Iowa, described as: (See attached legal description and Plat) with any easements and appurtenant servient estates, but subject to the folbwing: a. any zoning and other ordinances; b. any covenants of rewrd; c. any easements of record for public utlll8es, roads and highways; and d. (wnsider: liens; mineral rights; other easements; interest of others.) (the "Real Estate'), upon the following terms: 1. PRICE. The total purchase price for the Real Estate is $40, 485.00 Dollars (S ) of which -0- Dollars (S )has been paid. Buyerc shall pay the balance to Sellers at Pfeiler Law Office , or as direGed by Sellers, as folbws: X40,485.00 on July 31, 1998 2.1NTEREST. Buyers shall pay interest From on the unpaid balance, at the rate of percent per annum, paystde Buyers shall also pay interest at the rate of percent per annum on all delinquent amounts and any sum reason ably advanced by Setters to protect their interest in this contract, computed from the date of the delinquency or advance. 3. REAL ESTATE TAXES. Sellars shall pay for fiscal year 1996-1997 and pro-rated taxes for fiscal year 1997-1998 and any unpaid real estate taxos payable in prior years. Buyers shall pay all subsequent real estate taxes. Any proration of real estate taxes on the Real Estate shall tx based upon such taxes for the year currently payable unless the parties state otherwise. 4. SPECIAL ASSESSMENTS. Sellers shall pay all special assessments which are a lien on the Real Estate as of the date of this contract or All other spacial assessments shall be paid by Buyers. 5. POSSESSION CLOSING. Sellers shall give Buyers possession of ttx Real Estate on July 31, , f 9 98 ,provided Buyers are not in default under this contract. Closing shall be on July 31 , 19 98 8. INSURANCE. Sellers shall maintain existing insurance upon the Real Estate until the date of possession. Buyers shall accept insurance proceeds instead of Sellers replacing or repairing damaged improvements. After possession and until full payment of the purchase price, Buyers shall keep the improvements on the Real Estate insured against loss by fire, tornado, and extended coverage for a sum not less than 80 percent of full insurable value payable to the Sellers and Buyers as their interests may appear. Buyers shall provide Sellers with evidence of such Insurance. OThe Iowa State Bar Assodation 14S REAL ESTATE CONTRACS (SHORT FORM) 40WADOCS~~' 1N87 Revised September, 7997 7. ABSTRACT AND TITLE. Sellers, tx~P>ma[, shall promptly obtain an abslred of liOe to the Real Estate continued through the date of this contract ,and deliver tt to Buyers for examination. ft shall show merchantable Idle In Sellers in or conlormHy with this contred, Iowa law and the TOIe Standards of the Iowa Stale Bar Assodation. The abslred shaO become the Property of the Buyers when the purchase price is paid in full, however, Buyers reserve the right to occasionally use the abstract prwr to full payment of the purchase price. Sellers shall pay the costs of any additional abstracting and title work due to any ad or omission of Sellers, including transfers by or the death of Setlers or their assignees. 8. FIXTURES. All property that integrally belongs to or is part of the Real Estate, whether attached or detached, such as light Endures, shades, rods, blinds, awnings, windows, stone doors, screens, plumbing fixtures, water heaters, water softeners, automatic heating equipment, air conditioning equipment, wall to wall carpeting, built-in items and electrical service Able, outside television lowers acid antenna, fencing, gates and landscaping shall be considered a pad of Real Estate and Inducted In the sale except: (consider. rental Oems.) 9. CARE OF PROPERTY. Buyers shall lake good care of the property; shad keep the buildings and other improvements now or later placed on the Real Estate In good and reasonable repair and shall not injure, destroy or remove the property during the term of this contract. Buyers shaft not make any material alteration to the Real Estate without the written consent of the Sellers. 10. DEED. Upon payment of purchase price, Sellers shall convey the Real Estate to Buyers or their assignees, by Wal-xanty deed, free and clear of alt liens, restrictions, and encumbrances except as provided herein. Any general warranties of title shall extend only to the date of this contract, with spedal wananlies as to ads of Sellers continuing up to time of delivery of the deed. 11. REMEDIES OF THE PARTIES. a. If Buyers fail to timely pertorm this contract, Sellers may, at Sellers option, forfeit Buyers' rights in this contract as provided in the Iowa Code, and all payments made by Buyers shall be lorfelted. II Buyers tail to 8mely Perform this contract, Sellers, at (heir option, may elect to declare the entire balance immediately due and payable alter such notice, rl any, as may be regWred by Chapter 654, The Code. Thereafter this contract may be foreclosed In equtty and the court may appoint a receiver to lake immediate possession of the property and of the revenues end income axruing therefrom and to rent or cultivate the same as the receiver may deem best for the interest of all parifes concerned, and such receiver shall be liable to account to Buyers only for the net profits, alter application of rents, iswes and profds from the costs and expenses of the receivership and foreclosure and upon the contract obligation. it is agreed Ihal if this contract covers less than ten (10) aces of land, and in the event of the foreclosure of this contract and sak oI the property by sheriffs sale M such foreclosure proceedings, the lime of one year for redemption from said sale provided by the statutes of the State of Iowa shall be reduced to six (6) months provided the Sellers, in such action Ole an election to waive any deficiency ~udgment against Buyers which may arise out of the foreclosure proceedings; aU to be consistent with the provisions of Chapter 6 B of the Iowa Code. If the redempton period Is so reduced, for the first three (3) months after sale such right of redemption shop be exdusive to the Buyers, and the time periods in Sections 628.5, 6211.15 and 628.16 of the Iowa Code shall be reduced to lour {4) months. Il is further agreed that the period of redemption after a foreclosure of this contract shall be reduced to sixty (60) days If all of the three following contingendes develop: (1) The real estate is less than ten (10) acres in size; (2) the Court finds affirmatively that the said real estate has been abandoned by the owners and those persons personalty liable under this contract al the time of such foredosure; and (3) Sellers in such action file an election to waive any deficiency Judgment against Buyers or their successor in interest in such action. If the redemption period is so reduced, Buyers or their successors in interest or the owner shall have the exdusNe right to redeem for the first IMrty (30 days after such sale, and the time provided for redemption by weditors as provided in Sections 628.5, 628.15 and 628.16 0l the Iowa Code shall be reduced to forty (40) days. Entry of appearance by pleading or docket entry by or on behalf of Buyers shall be presumption that the properly is not abandoned. Any such redemption period shall be wnsislent with all of ltx provisions of Chapter 628 o the Iowa Code. Thrs parsgraph shall not be construed to limtt or otherwise affect any other redemption provisions contained in Chapter 628 of the Iowa Code. b. if Sellers fail to Limey pertorm their obligations under This contract, Buyers shall have the right to terminate this contract and have all payments made returned to them. c. Buyers and Sellers are also entltled to utilize arty and all other remedies or actions al law or in equity available to them. d. In any action or proceedmg relating to this contract the successful party shall be enlllled to receive reasonable attorney's fees and costs as pennltled by law. 12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Sellers, immedialety preceding this contract, hoW title to the Real Estate in joint tenancy wtth firlt right of survivorship, and the Joint tenancy Is not later destroyed by operation of law or by acts of Sellers, then the proceeds of this sak, and any continuing or recaptured rights of Sailers in the Reel Eatale, shalt bebng to Sellers as joint tenants with lull right of survivorsh~'p and not as tenants In wmmon; and Buyers, in the event of the death of either Seaer, agree to pay arty balance of the prbe due Sellers under this contract to the surviving Seller and to accept a deed from the surviving Seller consistent with paragraph 10. 13. JOINDER BY SELLER'S SPOUSE. Sellers spouse, If not a tltiehdder Immedialety preceding acceptance of this offer, execu- tes this contract only for the purpose of reilnquishing all rights of dower, homestead and distributive shares or in compliance with Section 561.13 of the Iowa Code and agrees to execute the deed for this purpose. 14. TIME IS OF THE ESSENCE. Time is of the essence in this contract. 15. PERSONAL PROPERTY. If this contract includes the sale of any personal property, Buyers grant the Sellers a security interest in the personal property and Buyers shall execute the necessary financing statements and deliver them to Sellers. 16. CONSTRUCTION. Words and phrases in This contract shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the wnlexL 17. RELEASE OF RIGHTS. Each of the Buyers hereby relinquishes all rights of dower, homestead and distributive share in and to the property and waives aO rights of exemption as to any of the property. 18. ADDITIONAL PROVISIONS. (See attached Additional Provisions) 1 UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE; AND THAT BY SIGNING THIS CONTRACT, I VOLUNTARILY GNE UP MY RIGHT TO THIS PROTECTION FOR THIS PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS CONTRACT. Dated: June 26 , 19 98 Dated: , 19_ EDWA_1t~ A GREEN SELLERS BUYExS STATE OF IOWA ,COUNTY OF DUIIUQUE , ss: This instrument was acknowledged before me on June 26, , 19 98 by, EDWARD A. GREEN, a Single man Notary Public The City of Dubuque hereby accepts the offer of Edward A. Green dated 6/26!98, subject to the following changes and conditions: The purchase price is Thirty Three Thousand Five Hundred ($33,500.00) Dollars. 2. This offer is contingent upon approval by the City of Dubuque Airport Commission. The area of the easement to be graded, graveled and maintained by Buyer shall be the same width as the width of Merlin Lane maintained by Dubuque Counbj. CI' By I hereby accept the above Counter Offer and agree to purchase on the terms and conditions set forth therein. Dated this ~ day of ~ 1998. EDWARD A. GREEN Preparers Stephen W. Scott,100 W.12th St., P.O. Box 703, Dubuque, IA 52004-0703; Ph 563-588-0547 Send Tax Statement to: Return recorded document to: Stephen W. Scott,100 W.12th St., P.O. Box 703, Dubuque, IA 52004-0703 Grantor: City of Dubuque, Iowa, 50 West 13~' St., Dubuque, IA 52001 Grantee: Edward A. Green, 7826 St. Joe Prairie Rd., Dubuque, IA 52003-9249 AGREEMENT This Agreement is entered between Edward A. Green (referred to as "Green"), and the City of Dubuque, Iowa, (referred to herein as "City"). RECITALS 1. Edward A. Green was the owner of real estate located to the south of the Dubuque Airport. In 1997, the City advised Green that they desired to condemn a portion of his property for development of the north-south runway at the Dubuque Regional Airport. 2. After negotiations between the City and Green, the parties entered into an agreement, whereby Green agreed to convey property described as: "Lot 1 of the NE quarter of the NW quarter and Lot 1 of the SE quarter of the NW quarter, Sec. 34, T. 88 N, R 2 E. of the Fifth PM, Dubuque County, Iowa, according to the recorded plat thereof. Excepting and reserving to Grantor, his successors, and assigns, a permanent right of way easement 32 feet in width along the south line of the property herein transferred. This easement shall be graded, graveled and thereafter maintained by buyer in accordance with the Dubuque County road maintenance standards." 3. There were other terms entered into between the City and Green as part of the settlement contract which survived the closing and which the parties agreed would be binding upon Green and the City. 4. After the conveyance of the property described in Paragraph 2 above to the City, Green remained the owner of the following described land: The North West 1/4 (excepting Lot 1 of the NE quarter of the NW quarter and Lot 1 of the SE quarter of the NW quarter), and the West One-half of the South West 1/4 of Sec. 34, Township 88 North, Range 2 East of the 5"' PM, in Dubuque County, Iowa, according to the United states Government Survey thereof, subject to easements of record. 5. Because the Warranty Deed from Green to the City dated July 14, 1998, and filed on July 14, 1998, as Instrument #11062-98 of the records of Dubuque County, Iowa, did not contain all of the provisions to which the parties agreed, Green and the City enter this Agreement to memorialize additional obligations of the parties which were included in the purchase contract entered between the parties. IT IS THEREFORE AGREED: 1. The City agrees to construct and maintain a new entrance gate (two 16' gates) at the west end of the easement on the property line between the sellers remaining real estate described above and city property. 2. The City will maintain in its present condition the existing the line outlet on the land being sold near the west end of Merlin Lane so as to drain a portion of the Green's remaining land, provided that the Green's shall make no further attachments to this existing drainage the line. The location of this the line is generally shown on the attached "Exhibit A", but its location is not to scale. 3. The City shall be responsible for the construction and maintenance of all fencing between Green's remaining land described above, and land owned by the City. The location of this fencing is shown on "Exhibit A" attached. This includes the obligation to install and maintain the 32 foot wide gate at the west end of the easement described herein and shown on "Exhibit A". 4. The City agrees that Lytle Creek will continue to drain into the present creek location on Green's land and the City shall construct an erosion control structure in the .92 acre permanent drainage easement being acquired by the City from Green. The City agrees that Lytle Creek will continue to drain into the present creek location within the .92 acre drainage easerr~er~t location. The location of Lytle Creek is identified on "Exhibit A". 5. The City agrees that it will never: A. Petition to vacate Merlin Lane; B. Obstruct Merlin Lane or Green's easement across the real estate described in Paragraph 2 of the Recitals above. Should the City ever violate the above provisions of this Paragraph, the City shall compensate Green for all damages sustained by Green including, but not limited to, the cost of building an alternate equivalent road from Skyline Road (Highway D-41) to the building site on Green's farm. 6. All rights and duties created herein shall run with the land described in this Agreement, and shall be binding upon the heirs, executors, administrators, assigns and successors of interest of the parties to this Agreement. / j~ Edward A. Green, a single person STATE OF IOWA ) ss. DUBUQUE COUNTY ) On this ~~ day of /`2 b~`uQ ~1r , 2007, before me, the undersigned, a Notary Public in and for the State of Iowa, person llya ppeared Edward A. Green, a single person, to me knov~Tn to be the identical person named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. Notary Public in and for the State of Iowa The City of Dubuque, Iowa, an Iowa Municipal Corporation by: E:\USersWiane\Green Ed Airport ABre.apr Preparers James A. O'Brien Address: Suite 330, Harbor View Place. 300 Main Street. Dubuque, IA 52001 Telephone: (5631583-8550 RESOLUTION NO. 158-07 RESOLUTION APPROVING AN AGREEMENT WITH EDWARD A. GREEN DOCUMENTING A PREVIOUS AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND EDWARD A. GREEN DATED JULY 7, 1998 Whereas, on July 7, 1998, the City of Dubuque, Iowa (the City) and Edward A. Green entered into a real estate contract for the purchase of certain real estate owned by Mr. Green for airport runway purposes; and Whereas, under the real estate contract the City agreed to various terms and. conditions requested by Mr. Green which terms and conditions were to survive the actual transfer of title to the property being purchased; and Whereas, Mr. Green now wishes to document those terms and conditions in a form which can be recorded in the Office of the Dubuque County Recorder and has prepared an agreement (the Agreement), a copy of which is attached hereto, incorporating those terms and conditions and is requesting that the City execute the Agreement; and Whereas, the City is willing to enter into the Agreement as a way to document the terms and conditions of the real estate contract between the parties in a form which can be recorded; and Whereas, the City Council of the City of Dubuque has determined that the Agreement should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The attached agreement between Edward A. Green and the City of Dubuque, Iowa is .hereby approved. Section 2. The .Mayor is hereby authorized and directed to execute the attached agreement on behalf of the City of Dubuque. Passed, approved and adopted this 19th day of March , 2007. Roy . Buol, Mayor Attest: Jeanne F. Schneider, City Clerk F:IUSERSItstecklelO'BrienlResolutionslGreenEdwardAirportAgreement 022207.doc r V i1~ ~• a1 ~ ~' ~' r` a ~' .n 1 r +o . ~~ s~ ~"