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~
~"