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Resulution 189-83 Four Moundsy r ~ . ~• RESOLUTION N0. 189 -83 ACCEPTING COURT OFFICER DEED TO "FOUR MOUNDS" WHEREAS, the City of Dubuque is the recipient of a gift from Elizabeth Adams Burden, deceased, of certain real estate known as "Four Mounds"; and l~1HEREAS, a Court Officer Deed conveying title to Four P1ounds has been delivered to the City of Dubuque; and WHEREAS, the delivery of the Court Officer Deed should be accepted and recorded in the permanent records of Dubuque County. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the delivery of a Court Officer Deed dated June 15, 1983, exe- cuted by Kenneth E. Weitz and Mark J. Willging, Trust Officers, First National Bank of Dubuque, and William R. McLeod and Viola Burden Lange, Executors of the estate of Elizabeth Adams Burden, deceased, conveying to the City of Dubuque, Iowa, the following described real estate, be and the same is hereby accepted. • Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1, and Lot 1 of Lot 1 of Lot 2 of Lot 1, both of the Subdivision of: "Lot 1 of Lot 7 of the SWq of Sec- tion 1, the SWq of the NWq of Section 1 and Government Lot 1 (or Mineral Lot 331) of Section 1, Township 89 North, Range 2 East of the 5th P.M." Lot 2 of the NW4 of the NW4 of Section 1, Township 89 North, Range 2 East of the 5th P.M. all in the City of Dubuque, Iowa, and Lot 16 of "John Deere Dubuque Tractor Works" in Dubuque Township, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of Lot 2 of Section 2, both in Township 89 North, Range 2 East of the 5th P.M., according to the United States Govern- ment Survey and the recorded plats thereof, subject to easements of record. Section 2. That the City Clerk be and is hereby authorized and directed to cause said Court Officer Deed to be recorded in the Office of the Dubuque County Recorder to- gether with a certified copy of this Resolution. Section 3. That the City Clerk be and is hereby authorized and directed to for- ward a certifie copy of this Resolution to the Dubuque City Assessor and the Dubuque County Recorder. "" ti • -2- Passed, approved and adopted this lg~h day of J u lv 1983. / '~ ~!..~- J / J E. Brady or ATTEST: (/ ` r Mary A' Davis City erk ..~ ~ , .;`i,j -. 'L..,. t,,,j a... ~ ..0 ,.. r- i'~ f ~'~L ~ ~'~~ ~ ~y .~ h4At~Y ~-, BAWtS ~I'f Y wL~~'~~: ~, -~ t ~\ ~~ CITY OF DUBUQUE, IOWA y MEMORANDUM July 7, 1983 TO: Honorable h1ayor and City Council Members FROM: 41. Kenneth Gearhart, City ~lanager ~~~~~'O SUBJECT: Burden Property INTRODUCTION The purpose of this memorandum is to provide for Council adoption of a Resolution and an Ordinance providing for the acceptance of the deed for the Burden Property and the designation of the area as a public park to be known as "Four Mounds." DISCUSSION The Trust Officers of the First National Bank and Executors of the estate of Elizabeth Adams Burden, deceased, have executed and delivered a Court Officer Deed conveying the Four Mounds property to the City of Dubuque. The attached Resolu- tion accepts this Deed and authorizes its recordation in the permanent records of Dubuque County. A Statement of Intent, executed by the City of Dubuque on March 14, 1983 and de- livered to the Trust Officers of P1rs. Burden's estate, provides for, among other things, that the area once accepted by the City be officially designated as a public park to be named "Four Mounds." The attached Ordinance amends the City Code to provide for this designation. REQUIRED ACTION The required action is for City Council to adopt both the Resolution and the Ordi- nance. ~_ - ,, ~ 4JKG : GM4J/ j ~~ ~ ~ Attachments ~` ~ "'° ~:~ J°` a. ''~ ~, ~' „,. ~. • ~~/~ ..."~3' ~~~ r4 A~ ! ! .. 442--83 • .~ a . 4: i Yi': [:. . .. ~ 1J IN THE MATTER ~# Z FOR THE LEGAL EFFECT OF THE USE ~L~ ~ ~ A . OF THIS FORM. CONSULT TOUR LAWYER F~E~URT OFFICER DEED OF THE ESTATE OF ELIZABETH ADAMS BURDEN, Deceased. now pending in the Iowa District Court in and for _ Dubuque County. ~1tA1~t All ~Pri fI1J (~>~>QSP ~YP,6Pri#f~: Probate • heel Estate Tnna[ar Tax: gee Chapter 1106. 86tII G.A., Second Regular fieMlon 1972. No. 30847 That pursuant to the authority and power vested in the undersigned, and ~xx~~~~~~~pursuant to Item III (D) of the Last Will and Testament of Elizabeth Adams Burden, duly admitted to probate in the above court on October 20, 1982, #i~~~l, the undersigned,.in the representative capacity designated below, hereby conveys unto the City of Dubuque, Iowa, a municipal corporation, exclusively .for park purposes, the following described real estate situated in Dubuque County, State of Iowa, to-wit: -:-Lot 1 of Lot 1 of Lot 2 of Lot. 1 of Lot 1, and Lot 1 of Lot 1 of Lot 2 of Lot 1, both of the Subdivision of: "Lot 1 of Lot 7 of the SW~ of Section 1, the SW~ of the NWT of Section 1 and Government Lot 1 (or Mineral Lot 331) of Section 1, Township 89 North, Range 2 East of the 5th P,M." ~' Lot 2 of the NW4 of the NW4 of Section 1, Township 89 North, Range 2 East of the 5th F.M. all in the City of Dubuque, Iowa, and Lot 16 of "John Deere Dubuque Tractor Works" in Dubuque Township, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of Lot 2 of Section 2, both in Township 89 North, Range 2 East of the 5th P.M., according to the United States Government Survey and the recorded plats thereof, subject to easements of record. Words end phrases herein, including acknowledgment hsroof, shell be construed as in the singular or plural number, and es masculine, feminine or neuter gender, according to the context. ~ '~ ~ Signed,this_ 15th day of Jane , 19_$x. ~1 f i x T ,~ ~ `~ ~~~~ ' Executors * ids; t In the above entitled 'estate or cause. ~ neth E. Wei Trust Officer, First National Bank of Dubuque By ~ ~ '~~ " Executor Mark J. W' ging, T st 0 icer &(Title) Viola Burden Lange Manager, he •r at' Bank of Dubuque By ~ ~. f Executor As * in the above William R. MacLeod (Title) entitled estate or cause. *6cees,tor, Adminbtraior, 6uerdleR, Conseeveter, Trustee, Refine, C-anns&sla~aer, ar Rwir.r ~ STATE OF IOWA, County of nTTRTTQjjE , ~• -~On'-this 15th day of June 19 83 , beforo me, the undersigned, a Notary Public in artd for • ~~S#a~ of_ Iowa, personally appeared - William R. MacLeod . Executor . and V; ola B ,rd n :~'~i~n~e,,, 'Executor , fit`' kndwb.tp,be the identical person named in and who executed the foregoing instrument, and acknowedeged that he, ~b~'Fdutier f,~°~xocuted the same as the voluntary act and deed of hi If a of such fiduciary• a,,:,. ~y r "'• L. Richard Win er ~ S ~ % ==`' Notary Public in and for the Steto of lows ~ tfse space forcorgor$te fiduciary. Insert offlclal titles with names. .~ ~' :. - . loyra Code Bastions 633.4, 633.29, 633.96, 633.98, - _ 633.383 to 633.400, 633.652 and 633.699 2 . ~^ r If this Is a R.eferee's, Commissioner's or Receivers Deed, deterrnlne = ~ ~ r for yourself whether endorsement or confirmation by Clerk's CeRifi- r -_s%..~.~..,~~.F.f ~ '~ * .<' -.- , ~' cafe is required. ,. StA os _ ~°L IOW STATE BAR ASSOCIATION COURT OFFICER DEED ~' Official Form No. P•101 +,~ ~o= (Trad~Mark Raplatarad, Sub of Iowa, 1il7) Currant January. 1981 STATE OF IOWA, DUBUQUE County, ss. On this 15th day of June , A. D. 19-83, before me, the undersigned, a Notary Public in and Kenneth E. Weitz & for the Stote of Iowa, personally appeared Mark J. Willing to me personally known, who, being by me duly sworn, did Trust Officer and say that X~X~}[.x ha ;G Tr„Gr nffirar and Manager-Trutt Depa m n , respectively, of said corporation executing the within end foregoing instrument; that no seal has been procured by the said ~fsx~#~#i~r~3~cX~~3~ corporation; that said instrument was signed ~{>~ on behalf of said corporation by authority of its Board of Di- Trust Officer and ~~"rectors and,•that the said Trust Officer and Manager-Trust Department ac~towled'gg4ed the execution of said instrument to be the voluntary act and deed of said corporation end of said fiduciary, f~,~t,rby;~hem and as such fiduciary voluntarilyexecuted. ~.. .< - l~ ~ _ ='~ ~ L. Richard Winter ~~ E Notary Public in end for the State of lows s _+ - r•. _ ~, r., ,_ ; ,, a, Q` 2 to .i 1 tr d" V O D 0 Z W W W LL {.L. O !"~ ^~j r O V O c O q -a 4 0 0 N C O +` c O a L m C w `~ I O~ 0 4 .1 ,~'° N t .- O ~ -a a ~ o O m m .~ v .o ..o x m v .~ O u m 0 •F m ~~ ~ I 0 v P f- _5 <~.: 0 v Q C 7 Q U o c I O ~ rn ~- a o 1'~ ~--~ U ~F• ~ M O u~ O' 0 Q m .~ '^ ~_ to iv W O Q tJ! p m ~~o ~ OL' r ~'_; _ } ~ ~ '~ U` -~~ °Q ca :~ ua ~,. =~ ~~ ~~ TL r c~.3 Q ~ Q fl c ~o N ~~ V 0 a m m J .> J `1 .~ ~~ . ~ - RESOLUTION N0. 189 -83 ACCEPTING COURT OFFICER DEED TO "FOUR MOUNDS" .~: ~,~ .~ '. , ~ :., ` a.~ , ~,~^, ~ ~., 1 55848 3 uJ"I;~:vL :,v uWtA WHEREAS, the City of Dubuque is the recipient of a gift from Elizabeth Adams Burden, deceased, of certain real estate known as "Four Mounds"; and WHEREAS, a Court Officer Deed conveying title to Four Flounds has been delivered to the City of Dubuque; and WHEREAS, the delivery of the Court Officer Deed should be accepted and recorded in the permanent records of Dubuque County. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the delivery of a Court Officer Deed dated June 15, 1983, exe- cuted by Kenneth E. Weitz and Mark J. Willging, Trust Officers, First National Bank of Dubuque, and William R. McLeod and Viola Burden Lange, Executors of the estate of Elizabeth Adams Burden, deceased, conveying to the City of Dubuque, Iowa, the following described real estate, be and the same is hereby accepted. • Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1, and Lot 1 of Lot 1 of Lot 2 of Lot 1, both of the Subdivision of: "Lot 1 of Lot 7 of the SW~ of Sec- tion 1, the SW~ of the NWT of Section 1 and Government Lot 1 (or Mineral Lot 331) of Section 1, Township 89 North, Range 2 East of the 5th P.M." Lot 2 of the NWT of the NWT of Section 1, Township 89 North, Range 2 East of the 5th P.M. all in the City of Dubuque, Iowa, and Lot 16 of "John Deere Dubuque Tractor Works" in Dubuque Township, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of Lot 2 of Section 2, both in Township 89 North, Range 2 East of the 5th P.M., according to the United States Govern- ment Survey and the recorded plats thereof, subject to easements of record. ;~ .:., FEES Gr~r~,C? 1 Section 2. That the City Clerk be and is hereby authorized and directed to cause said Court Officer Deed to be recorded in the Office of the Dubuque County Recorder to- gether with a certified copy of this Resolution. Section 3. That the City Clerk be and is hereby authorized and directed to for- ward a certi ie copy of this Resolution to the Dubuque City Assessor and the Dubuque County Recorder. • y. ~~ ~ _2_ Passed, approved and adopted this 18th day of Ju 2v 1983. L v..t,~O J Bra y or ATTEST: c Mary Davis City erk • • ~• . r . ~f CERTIFICATE OF CITY CLERK STATE OF IOIdA ) ss: COUNTY OF DUBUQUE ) I, Mary A. Davis, do hereby certify that I am the duly appointed, qualified, and acting Clerk of the City of Dubuque in the County afore- said, and as such 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 Res~Iutian Np. 189-83 is a correct copy of the original Resolutitrn No. 189-83 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Counci 1 on the 18th day of July 19 83 • In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque. .Dated at DubuquE, Iowa, this 2n d ~, ~~. i ' I ~r ~ ~, C . , ~~ =, , ~, a>"i ~ ~~' n r~~~ .t day of August 19 83 V ` y A. Davis Clerk of he City of Dubuque, Iowa. • . ~ 5584 --$ 3 ,. ~,~~, - ,.' L; . ~ , s .. N~ j..v i J;~ .~~ ~~~ r ~~~ ~ /t~ V' .~ Dubuque, Iowa ________-- Au_gLtSt______~____, 19_83 ~, C t~ C'1 Prk `~ City Hall, 13th and Central To DUBUQUE COUNTY RECORDER, Dr. JoANN E. REYNOLDS, Recorder Aug. ®~ 2 Recording Resolution #189-83 for the pity of $9. 00 Dubuque Re: Four Mounds 2 Recordin Resolution #190-8 for the Cit of 9. 00 .-. 2 Recording Resolution #191-83 for the City_of I 9. 00 _ Dubu ue Re: Burden Pvo ert I _ Total Balance Due $27. 00 fad"/~ / ~~ /~~ /N ~~ ~ ~1 ~,~ _. ~ ~~~ J _ PLEASE RETURN STATEMENT WITH YOUR PAYMENT „ ~,,~ ~. .. ~ ., ., •~