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Property Acquisition - 121 Cousins Road (SW Arterial Project)_RokusekCopyright 2014 City of Dubuque Consent Items # 14. ITEM TITLE: Property Acquisition - 121 Cousins Road (SW Arterial Project) SUMMARY: City Manager recommending Council acceptance of the Warranty Deed to the property at 121 Cousins Road in connection with the Southwest Arterial Project. RESOLUTION Accepting the deed to certain real estate in Dubuque County, Iowa from Arthur D. Rokusek and Karen K. Rokusek SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS : Description Type Rokusek Southwest Arterial Property Acquisition -121 Cousins Road- ElCity Manager Memo MVM Memo E Staff Memo Staff Memo E Resolution Resolutions ❑ Warranty Deed Supporting Documentation THE CITY OF Dui Masterpiece on the Mississippi Dubuque band AI -America City r 2007 • 2012 • 2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Southwest Arterial Property Purchase from Arthur & Karen Rokusek 121 Cousins Road DATE: October 14, 2014 In connection with the Southwest Arterial Project, the City entered into a Purchase Agreement with Arthur and Karen Rokusek for the purchase of property at 121 Cousins Road. The City closed on the purchase of this property on October 8, 2014. City Attorney Barry Lindahl recommends City Council acceptance of the Warranty Deed to the property at 121 Cousins Road. I concur with the recommendation and respectfully request Mayor and City Council approval. brilm4 i„, Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager THE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi BARRY LINDAHL CITY ATTORNEY To: Mayor Roy D. Buol and Members of the City Council DATE: October 14, 2014 RE: Southwest Arterial Property Purchase From Arthur & Karen Rokusek 121 Cousins Road In connection with the Southwest Arterial Project the City entered into a Purchase Agreement with Arthur & Karen Rokusek for the purchase of property at 121 Cousins Road. The City closed on the purchase of this property on October 8, 2014. Attached is a resolution accepting the deed to the property. I recommend adoption of the resolution BAL:tls Attachment cc: Michael C. Van Milligen, City Manager Gus Psihoyos, City Engineer Bob Schiesl, Assistant City Engineer F:\USERS\tsteckle\Lindahl\Southwest Artedal Property Acquisitions\Kollars Dennis & Susan -Parcel No. 107\MayorCouncil_ResolutionAcceptingDeed_101414.doc 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 Prepared by Barry A. Lindahl 300 Main Street, Suite 330 Dubuque IA 52001 563 583-4113 Return to Prepared by Barry A. Lindahl 300 Main Street, Suite 330 Dubuque IA 52001 563 583-4113 RESOLUTION NO. 326-14 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM ARTHUR D. ROKUSEK AND KAREN K. ROKUSEK WHEREAS, the City of Dubuque entered into an Agreement on the 8th day of September, 2014 with Arthur D. Rokusek and Karen K. Rokusek for the purchase of certain real property in Dubuque County, Iowa, described as follows: Lot 2 of the Subdivision of Lot 2 of the SW 1/4 of the SE 1/4 of Section 31, Township 89 North, Range 2 East of the 5th P.M., in Dubuque Township, Dubuque County, Iowa, according to the recorded plats 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, Iowa, hereby accepts the Deed from Arthur D. Rokusek and Karen K. Rokusek, a copy of which is attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Deed with the Dubuque County Recorder. Passed, approved and adopted this 20th day oijOctober, 2014. Attest: Roy D. Bu , Mayor Kevin V. irnstahl,iity Clerk ©THE IOWA STATE BAR ASSOCIATION Barry A. Lindahl FOR THE LEGAL EFFECT OF THE USE OF Official Form No. 101 - August 2013 THIS FORM, CONSULT YOUR LAWYER Return To: Barry A. Lindahl, Suite 330 300 Main Street, Dubuque, Iowa 52001 (563) 583-4113 Preparer: Barry A. Lindahl, Suite 330 300 Main Street, Dubuque, Iowa 52001 (563) 583-4113 Taxpayer: City of Dubuque, Iowa 50 West 13th Street, Dubuque, Iowa 52001 s A7` WARRANTY DEED �( ce, For the consideration of one Dollars) and other valuable consideration, Arthur D. Rokusek and Karen K. Rokusek, husband and wife as joint tenants with full rights of survivorship do hereby Convey to the City of Dubuque, Iowa the following described real estate in Dubuque County, Iowa: Lot 2 of the Subdivision of Lot 2 of the SW 1A of the SE 1/ of Section 31, Township 89 North, Range 2 East of the 5th P.M., in Dubuque Township, Dubuque County, Iowa, according to the recorded plats thereof Grantors do Hereby Covenant with grantees, and successors in interest, that grantors hold the real estate by title in fee simple; that they have good and lawful authority to sell and Convey the real estate; that the real estate is free and clear of all liens and encumbrances except as may be above stated; and grantors Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, an as masculine or feminine gender, according to the context. Dated: r Z.c.. c. 2 Arthur D. Rokusek (Grantor) Kar n K. Rokuser (Grantor) STATE OF IOWA COUNTY OF Dubuque This record was acknowledged before me this K day of 0e -17)1'--r , by Arthur D. Rokusek and Karen K. Rokusek, husband and wife as joint tenants with full rights of survivorship , MIKE ADAMS 41,1 CommissionNumber 74470 i ori igna ure of Notary Public (This form of acknowledgment for individual grantor(s) only) Addendum 1. Lot 2 of the Subdivision of Lot 2 of the SW % of the SE % of Section 31, Township 89 North, Range 2 East of the 5th P.M., in Dubuque Township, Dubuque County, Iowa, according to the recorded plats thereof THE CITY OF DUBE MEMORANDUM Masterpiece on the Miissippi BARRY LINDAH CITY ATTORN Y To: Trish Gleason Assistant City Clerk DATE: December 2, 2014 RE: Southwest Arterial Property Acquisitions: 1. Dennis & Susan Kollars — 103 Cousins Road 2. Thomas & Charlotte Pfeiffer — 215 Cousins Road 3. Arthur & Karen Rokusek — 121 Cousins Road Attached for your file are the original Warranty Deeds and Groundwater Hazard Statements regarding the above -referenced properties, which were recorded on November 14, 2014. I will be retaining a copy in my files. Thank you. BAL:tls Attachment cc: Bob Schiesl, Assistant City Engineer Kevin Firnstahl, City Clerk (no attachment) 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 11111111111111 iii 11111111111111111111111111111111111111111111111111111111111 ilii Doc ID: 008142130003 Type: GEN Kind: DEED WITH RESOLUTION Recorded: 11/14/2014 at 03:00:37 PM Fee Amt: $613.20 Page 1 of 3 Revenue Tax: $591.20 Dubuque County Iowa Kathy Flynn Thurlow Recorder Fi1e2014-00012897 ©THE IOWA STATE BAR ASSOCIATION FOR THE LEGAL EFFECT OF THE USE OF Official Form No. 101 -August 2013 Barry A. Lindahl THIS FORM, CONSULT YOUR LAWYER Return To: Bany A. Lindahl, Suite 330 300 Main Street, Dubuque, Iowa 52001 (563) 583-4113 Preparer: Barry A. Lindahl, Suite 330 300 Main Street, Dubuque, Iowa 52001 (563) 583-4113 Taxpayer: City of Dubuque, -Iowa 50 West 13th Street, Dubuque, Iowa 52001 STA 4r,kWARRANTY DEED clov- For the consideration of one Dollars) and other valuable consideration, Arthur D. Rokusek and Karen K. Rokusek, husband and wife as joint tenants with full rights of survivorship do hereby Convey to the City of Dubuque, Iowa the following described real estate in Dubuque County, Iowa: Lot 2 of the Subdivision of Lot 2 of the SW % of the SE '/ of Section 31, Township 89 North, Range 2 East of the 5th P.M., in Dubuque Township, Dubuque County, Iowa, according to the recorded plats thereof Grantors do Hereby Covenant with grantees, and successors in interest, that grantors hold the real estate by title in fee simple; that they have good and lawful authority to sell and Convey the real estate; that the real estate is free and clear of all liens and encumbrances except as may be above stated; and grantors Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, an. as masculine or feminine gender, according to the context. Dated: •• 7 Zvi , 01 A ' S ° 4/ Arthur D. Rokusek (Grantor) Ka n K. Rokuse c (Grantor) STATE OF IOWA COUNTY OF Dubuque This record was acknowledged before me this day of O 24 -C , w`k , by Arthur D. Rokusek and Karen K. Rokusek, husband and wife as joint tenants with full riig%hts of survivorship , MACE ADAMS�� NCommission Number 746763 igna ure of Notary Public Noy Exp9 AOW, (This form of acknowledgment for individual grantor(s) only) Prepared by Barry A. Lindahl 300 Main Street, Suite 330 Dubuque IA 52001 563 583-4113 Return to Prepared by Barry A. Lindahl 300 Main Street, Suite 330 Dubuque IA 52001 563 583-4113 RESOLUTION NO. 326-14 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM ARTHUR D. ROKUSEK AND KAREN K. ROKUSEK WHEREAS, the City of Dubuque entered into an Agreement on the 8th day of September, 2014 with Arthur D. Rokusek and Karen K. Rokusek for the purchase of certain real property in Dubuque County, Iowa, described as follows: Lot 2 of the Subdivision of Lot 2 of the SW 1/4 of the SE 1/4 of Section 31, Township 89 North, Range 2 East of the 5th P.M., in Dubuque Township, Dubuque County, Iowa, according to the recorded plats 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, Iowa, hereby accepts the Deed from Arthur D. Rokusek and Karen K. Rokusek, a copy of which is attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Deed with the Dubuque County Recorder. Attest: Kevin Passed, approved and adopted this 20th day o17October, 2014. irnstahl,<City Clerk Roy D. B Mayor CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City 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 Resolution No. 326-14 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 21st day of October, 2014. Kev' S. Firnstahl,O City Clerk IIII 1111 11 11111111111111 Doc ID 008142140003 Type: GWH Kind GROUNDWATER HAZARD Recorded: 11/14/2014 at 03:00:48 PM Fee Amt: $0.00 Pape 1 of 3 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2014-00001921 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name Arthur D. Rokusek and Karen K. Rokusek Address 14248 Augusta Court Dubuque Iowa 52002 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name City of Dubuque, Iowa Address 50 West 13th Street Dubuque Iowa 52001 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: 121 Cousins Road Dubuque Iowa 52001 Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) Lot 2 of the Subdivision of Lot 2 of the SW 1/4 of the SE 1/ of Section 31, Township 89 North, Range 2 East of the 5th P.M., in Dubuque Township, Dubuque County, Iowa, according to the recorded plats 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 or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) ✓here is no known solid waste disposal site on this property. _ There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) 1--"1`here is no known hazardous waste on this property. There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) o%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 listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) 5. Private Burial Site (check one) vl here 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) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) _ All buildings on this property are served by a public or semi-public sewage disposal system. This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. ® There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: WELL. A -O J (I1C Pitt"Ann ►n Gtr' 64-6'4 itiOSE I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: 0 G 2, 2 (Transferor or Agent) FILE WITH RECORDER Telephone No.: cGS . . tG 3 s - DNR form 542-0960 (July 18, 2012) -'e----7-IDUBUQUE COUNTY Health Department 13047 City View Dr. • Dubuque, IA 52002 P1,; 563.551.7396 • Fax: 563.587.3899 C. Patrice Lambert, RN, MSN — Executive Director Bonnie Brimeyer — Board Secretary Dubuque County Board ofHealth Dr. Richard Fairley, MD, MPH — Chairman Dr. Valerie Peckosh, DMD Tim Daly Rhonda Healey TlME OF TRANSFER INSPECTION WAIVER FOR BUILDING DEMOLITION This agreement is entered into this 3rd day of November, 2014, by and between DUBUQUE COUNTY and THE CITY OF DUBUQUE It is agreed that when the City of Dubuque purchases the property listed below that they WILL NOT rent or occupy the home per Iowa Exemption Statute 455B.172(11)(a)(7): 12101 Cousins Road, Dubuque, IA and that the existing septic system that serves this home will be removed by the 30th day of September, 2015. Dated theicovS day ,of November, 2014. PROPERTY OWNER(S) OR BUYER Robert Schiesl, Assistant City Engineer PHONE # (563) 589-4270 edged before on by DUBUQUE COUNTY BOARD OF HEALTH OR AUTHORIZED REPRESENTATIVE Patrice Lambe xecutive Director Bonnie Brimeyer Notary Public Iowa Commission No. 224857 / My Commission Expires/ -"P Bonnie, Brimeyer, Notary Public ****Must come to the Dubuque County Health Department Office, 13047 City View Drive, Dubuque, IA 52002 to sign and have notarized. 13047 City View Drive 1 Dubuque, IA 52002 I ph: 563.557.7396 I Ix: 563.587.3899 1 www.dubuquecountyllealth.com