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DCSD 1126 White Spec Warranty DeedTHE CITY OP ~~ ,~ LTB ~ E Masterpiece nn the Mississippi MEMORANDUM July 12, 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Dubuque Community School District - 1126 White Street City Attorney Barry Lindahl recommends City Council acceptance of the deed for the property at 1126 White Street purchased from the Dubuque Community School District. I concur with the recommendation and respectfully request Mayor and City Council approval. ~~~ Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager 7 a THE CITY OF DUB ~ E Masterpiece on the Mississippi BARRY LINDA CITY ATTORNI To: DATE: RE: MEMORANDUM Michael C. Van Milligen City Manager June 29, 2007 Dubuque Community School District - 1126 White Street The City closed today on the Dubuque Community School District property at 1126 White Street. The attached Resolution accepts the Deed. I would appreciate it if you would please place this item on the July 16, 2007 agenda. Attachment OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 3OO MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 ! FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org Prepared by: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 Return to: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 RESOLUTION NO. 387-07 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM DUBUQUE COMMUNITY SCHOOL DISTRICT WHEREAS, the City of Dubuque entered into an Agreement with Dubuque Community School District for the purchase of the following described real property in Dubuque County, Iowa: The South Middle 1/5 of Out Lot 480 in the City of Dubuque, Iowa, according to the United States Commissioners' Map thereof 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, AS FOLLOWS: 1. The City of Dubuque hereby accepts the Warranty Deed from Dubuque Community School District attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the V4'arranty Deed with the Dubuque Coin~ty Recorder. 16t Passed, approved and adopted this y of~~1Y , 2007. ~~ s ~~' ~.: Roy D. By~51, Mayor Atte Jeanne F. Schneider, City Clerk ~^ ~ (~~ - f=' y i THE CITY OF DUB E Masterpiece on the BARRY LIND CITY ATTOR To: DATE: RE: Jeanne: MEMORANDUM Jeanne Schneider City Clerk June 29, 2007 Dubuque Community School District - 1126 White Street Enclosed for the July 16, 2007 agenda are the following documents: 1. Resolution Accepting the Deed; 2. Special Warranty Deed; 3. Proof of Publication; 4. Dubuque Community School District June 11, 2007 Board Meeting Minutes; and 5. Groundwater Hazard Statement; After City Council approval at the July 16, 2007 meeting, I would appreciate it if you would please have the documents recorded and returned to me . 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 ~s~=.~?~. SPECIAL WARRANTY DEED ~r 1, N THE IOWA STATE BAR ASSOCIATION ,' ~ Official Form No. 105 °~ Recorder's Cover Sheet ~~s~ocra'~~`~ Preparer Information: (Name, address and phone number) Allan J. Carew, 200 Security Bldg., 151 West 8th St., Dubuque, IA 52001, Phone: (563) 556-4011 Taxpayer Information: (Name and complete address) City of Dubuque, Iowa, 50 West 13th, Dubuque, IA 52001 Return DOCUment TO: (Name and complete address) Barry A. Lindahl, 300 Main Street, Harbor View Place Ste. 330, Dubuque, IA 52001 Grantors: Dubuque Community School District in the Counties of Dubuque and Jackson, State of Iowa, a/k/a Dubuque Community School District Grantees: City Of Dubuque, Iowa Legal description: See Page 2 Document or instrument number of previously recorded documents: © The Iowa State Bar Association 2005 IOWADOCS~ THE IOWA STATE BAR ASSOCIATION Official Form No. 105 Allan J. Carew FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER `'`q?'~ SPECIAL WARRANTY DEED ~ ~ ;iV~ 1 N /i . ' :y . 7sSO K~O C1A For the consideration of One ($1.00) Dollar(s) and other valuable consideration, Dubuque Community School District ui the Counties of Dubuque and Jackson State of Iowa a/k/a Dubuque Community School District do hereby Convey to City of Dubuque, Iowa the following described real estate in Dubuque County, Iowa: The South Middle 1/5 of Out Lot 480 in the City of Dubuque, Iowa, according to the United States Commissioners' Map thereof NO REVENUE STAMPS REQUIRED -SECTION 428A.2(6) Grantors do Hereby Covenant with Grantees and successors in interest to Warrant and Defend the real estate against the lawful claims of all persons claiming by, through or under them, 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. STATE OF Dated: i Q_ I 0 ~ o~f~'(1'~ COUNTY OF Dubuque Co munity School District in the Counties of Dubuque and Jackson, State of Iowa, a/k/a This instrument was acknowledged before Dubuque Community School District me on by (Grantor) By: ~ Doug as J., stmann, President (Grantor) Notary Public By: {~ Jon ~. Lucas, Secretary (Grantor) (Grantor) his form of acknowled ment for individual raptor s onl ©The Iowa State Bar Association 2005 105 SPECIAL WARRANTY DEED IOWADOCS® Revised June 2D05 STATE OF IOWA ,COUNTY OF DUBUQUE This instrument was acknowledged before me on ~ ~t n e ~ g 2007 , by Douglas J. Horstmann, President and Joni S. Lucas, Secretary of Board of Directors of Dubuque Community School District pan ~^i~_ ~ - ~~s4,_ ,Notary Public ..,.,~ "'r ,IOAF! tl. StGVi~ARTH ~ ~ Y ~'` Con~miasron Number 737370 , ~" x CC- STATE OF ,COUNTY OF ~., :. ,. Y 2?, 2008 ,~.~"`~""'°`""""""" This instrument was acknowledged before me on , by ,Notary Public STATE OF ,COUNTY OF This instrument was acknowledged before me on , by ,Notary Public STATE OF ,COUNTY OF This instrument was acknowledged before me on , by ,Notary Public STATE OF IOWA {SS: DUBUQUE COUNTY Resolved, that the Board of: Education authbriz9 thf3 j Praslden# aril Secrefary,to execute the OFFEki TO BUY REAL ESTATE AND ACCEPTANCE for sale iif ', NOTICE OF PUBLIC HEAF3IN0 ' the above d8scribed prop-' arty to the Cirrt~~yyC of Dubuque fo RaP03AL ON SALE OF REAL ESTATE Thr3 locatfoh'b~tN~~~~~c The bubuque Community h l haariig is the Board Room of tlto Dubuque Cdthmuni= c oo District Board of hectors will :conduct a ty School ~ brstrfcY located ~ et 2304 Chane ublic hearing on the pro= used ale of property 16~ buque Ibi4a. Y Time+ and d8te of the liearin ;tire ated at 1izG-1136 White frplet iri the Cf~ iSf Dubu= ie Dub g, 7:00, p.m. on Jutle 11; 2007. , uque bunty, lo- a. this hearing is re ! Joni Lucas, Secretary. B p , :ribed by Iowa .Code oard of Education 1t5/30 action 297.22.,;: The DI§- r ne real.. estate te= scriptioh (s a9 fiol- iouth Middle 1/5 of t 480 iri the City of ie, Iowa, nc to .tha "iini~ea After the public hearing, the Board will take action on the following resolution: CERTIFICATION OF PUBLICATION I, Wendy Miller, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: May 30, 2007, and for which the charge is $13.45. Subscribed to before me otary Public in and for Dubuque County, Iowa, this ~b~f day of , 20 ~, ~~~®~ otary Public in and for Dubuque County, Iowa. c n.... ep -~,~ h1AR7 K. YIESTERa1EYER ~ Commlaslon Nurnbar 15•}g8g ~Y Comm. Ezo. FEB. 1, 2008 Certificate I, Joni Lucas, Secretary to the Board of Directors of the Dubuque Community School District, hereby certify that there is attached hereto a true and correct copy of the minutes of said board held on the date set forth in the attachment. Dated this 18th day of June, 2007. Jo Lucas, Secretary Board of Education DUBUQUE COMMUNITY SCHOOL DISTRICT Regular Board Meeting June 11, 2007 President Horstmann called the meeting to order at 7:00 p.m. at the Forum with the following members present: Bauerly, Davis, Horstmann, Krueger, Loeppke, Mennig, Patton. Additional officers of the Board present: Burgart, Lucas. Executives present: Devaney, Hall, Holm, Puls, Rheingans. Moved (Mennig) and seconded to approve the agenda as submitted. Motion carried 7-0. Moved (Mennig) and seconded to approve the minutes of the regular meeting on May 14 and the special meeting on June 1, 2007, as submitted. Motion carried 7-0. Moved (Mennig) and seconded to receive and file proof of publication of Notice of Public Hearing on the proposed sale of real estate and authorize payment of the legal notice publication costs to the Telegraph Herald. Motion carried 7-0. Moved (Mennig) and seconded to open the public hearing to allow public comments. Motion carried 7-0. Moved (Mennig) and seconded to close the public hearing and return to regular session. Motion carried 7-0. Moved (Mennig) and seconded to authorize the President and Secretary to execute the OFFER TO BUY REAL ESTATE AND ACCEPTANCE for sale of the South Middle 1/5 of Out Lot 480 in the City of Dubuque, Iowa, to the City of Dubuque for the amount of $50,000. Motion carried 7-0. Moved (Bauerly) and seconded to suspend the rules of order and go into open forum. Motion carried 7-0. Sandi Beisker, Jefferson teacher, distributed copies of The Gallery produced by Jefferson students. John Adelmann and Tim Ebeling, along with Carol Cross and Central students, were recognized for their creation of the Shot Tower calendar which was the recipient of two awards given by the Iowa State Historical Society. The calendar received the Iowa Historic Preservation Alliance's Preservation at Its Best Award and the prestigious Loren Horton Award. Moved (Bauerly) and seconded to reinstate the rules of order and return to regular session. Motion carried 7-0. Moved (Bauerly) and seconded to approve those items listed in the consent agenda. Policy #6206 was removed for discussion. Motion carried 7-0. Policy 6206 -Advertising in Schools was reviewed. Moved (Loeppke) and seconded to approve Policy #6206 as presented. Motion carried 7-0. Moved (Bauerly) and seconded to approve Change Order #6 to Portzen Construction, Inc. on the George Washington Carver Elementary School Construction Project in the amount of $90,917. Motion carried 7-0. Moved (Bauerly) and seconded to set the date, time and place for public hearing on the Irving Elementary School Public Improvement Project as September 24, 2007, at 7:00 p.m. at the Forum, 2300 Chaney Road, Dubuque, Iowa. Motion carried 6-1 with Davis opposed. Moved (Bauerly) and seconded to authorize interfund loans. Such loans will bear an appropriate rate of interest, be repaid before the end of the fiscal year, and be reported on the Treasurer's Report. This resolution expires June 30, 2008. Motion carried 7-0. Moved (Bauerly) and seconded to approve the donation from the City of Dubuque Leisure Services Department for volleyball standards at George Washington Middle School in the amount of $3,000. Motion carried 7-0. Moved (Bauerly) and seconded to approve the donation from the Eleanor Roosevelt Middle School Parent Teacher Organization for building improvements at Eleanor Roosevelt Middle School in the amount of $11,500. Motion carried 7-0. Moved (Bauerly) and seconded to approve the request from the Dubuque Soccer Alliance to construct a trophy awards/picture area at the Soccer Complex. Motion carried 7-0. Moved (Bauerly) and seconded to authorize the Board President and Secretary to sign the Small Volume Transportation Service Agreement between Dubuque Community School District and Aquila, Inc. d/b/a/ Aquila Networks. Motion carried 7-0. Hempstead High School Moved (Mennig) and seconded to approve the 2007-08 revised parking pernut fees for Hempstead High School. Motion carried 7-0. Moved (Mennig) and seconded to approve the Request for Additional Services No. SR with Durrant for cafeteria renovation. Motion carried 7-0. Moved (Mennig) and seconded to approve Change Order #WJ-3 to Wynn O. Jones & Associates, Inc. in the amount of $1,215. Motion carried 7-0. Moved (Mennig) and seconded to approve Change Order #2/3-5 to Tricon Construction in the amount of $7,211.79. Motion carried 7-0. Moved (Mennig) and seconded to approve Change Order #2/3-6 to Tricon Construction in the amount of $12,068.05. Motion carved 7-0. Moved (Mennig) and seconded to approve Change Order #12-4 to Westphal & Company, Inc. in the amount of $4,625.44. Motion carried 7-0. Moved (Patton) and seconded to authorize the Board President to sign a letter of support for the City of Asbury's Safe Routes to School grant. Motion carried 7-0. Board members requested a copy of the grant before a letter of support would be signed. Moved (Bauerly) and seconded to approve the non-bargaining salary and benefits as presented. Motion carried 7-0. It was a total package increase of 4.7% for the 2007-08 school year. Moved (Bauerly) and seconded to approve the superintendent compensation package and revised contract agreement. Motion carried 7-0. A two-year contract is recommended which equates to a 9.5% total package increase. For year one, the salary would be increased from $153,100 to $173,000. Year two salary would be $186,000. Moved (Patton) and seconded to appoint Larry Loeppke as the UEN Steering Committee representative. Motion carried 7-0. The next Board meeting is scheduled for June 27°i at noon. President Horstmann declared the meeting adjourned at 8:29 p.m. Respectfully submitted, ~ ~~.~ Joni Lucas, Secretary Board of Education 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 Dubuque Community School District in the Counties of Dubuque and Jackson, State of Iowa a/k/a Dubuque Community School District Address 2300 Chaney Road, Dubuque, IA 52001 Number and Strcet or RR iry, Town or Slate ip TRANSFEREE Name City of Dubuque, Iowa Address 50 West 13th Street, Dubuque, IA 52001 umber an treet or Gry, Town or P.O. rate ip Address of Property Transferred 1 l 26 White Street, Dubuque, IA 52001 Number and Strxt or RR Ciry, Town, or P.O. State Zip Legal Description of Property The South Middle 1/5 of Out Lot 480 in the City of Dubuque, Iowa, according to the United States Commissioners' Map thereof 1. Wells (check one) ~ There are no known wells situated on this property. ^ 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) (~ There is no known solid waste disposal site on this property. ^ 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. ^ There is a solid waste disposal site on this property which has been deemed to be potentially hazardous by the 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. ^ There is a private burial site on this property. The location(s) of the site(s) is stated below. The known identi,yiag info,:mation of the decedent is stated below. Information, if any, required by statements checked above: Attachment for Additional Information? Y /© If so, number of pages I HEREBY DECLARFti THAT THE I FORMATION CONTAINED IN PART 1 OF THIS STATEMENT IS TRUE AND CORRECT. Signature: Telephone Number: (563) 552-3023 Transferor or Agen[) PART II - TO BE COMPLETED BY RECORDER hate of Instrument _ _ _ BooklLD. _ _ __ _ Page/LD. Date of Recording City or Township Deed 0 Contract ~~ County DNR form (November 02) FILE WITH RECORDER 542-0960