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McFadden Property_Accepting DeedTHE CITY OF DUs E MEMORANDUM January 31, 2002 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: McFadden Property - Acceptance of Deed As previously approved by the Mayor and City Council, the closing has occurred to purchase the 5.7 acres from Vincent and Louella McFadden for the future extension of Chavenelle Road between the Dubuque Industrial Center and the Dubuque Industrial Center West. This fiscal year a waterline will be placed in that right-of-way as part of the Development Agreement for the 330,000 square feet McGraw-Hill facility at Dubuque Industrial Center West. I respectfully request Mayor and City Council acceptance of the deed to this property. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Prepared by Barry A. Lindabi 300 Main Street, Suite 330 Dubuque L4 52001 563 583-4113 RESOLUTION NO. 39-02 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM VINCENT Mc FADDEN AND LUELLA Mc FADDEN WHEREAS, the City of Dubuque entered into an Agreement on December 27, 2001 with VINCENT Mc FADDEN AND LUELLA Mc FADDEN for the purchase of certain real property in Dubuque County, Iowa, described in the Deed attached hereto; 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 VINCENT Mc FADDEN AND LUELLA Mc FADDEN, a copy of which is attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution with the Dubuque County Recorder. February Passed, approved and adopted this 4th day of gown, 2002. Attest: eanne F. Schneider, City Clerk 2:2prr PI1 3A?RY A hdDA411 ESL FAX 110. 563 582 531;N o • 62? 3 P • 1 /2 02 ;,rud I,y bri=m 1. Kane, KANE, NORBY Sc REDDtCK, P.C., 2100 Asbury Road, Suite 2, Dubuque, IA 52002 5631582-7980 ra6 tax Statement: City ofDubuque, Iowa, City Hall, 50 West 13`4 Street, Dubuque, Iowa 52001 WARRANTY DEED For the consideration of One Dollar ($L00) and other valuable consideration, VINCENT 1. r A D DEN aAJa VINCENT McFADDEN and LUELLA M. McFADDEN a/k/a LUELLA McFADDEN, :t band aid wile, do hereby Convey to THE CITY OF DUBUQUE,IOWA, an Iowa municipal corporation, 1: iallowing described real estate in Dubuque County, Iowa: rt A of the north west 1/4 of the south west 1/4, and, Lot A of lot 1 of I of the south west 114 elate south west 1/4, in Section 29, Township 89 North, Range 2 East of the 56 P.M., in the City of Dubuque, Iowa, according to Instruments No. 1964-02 and No. 1965-02, rJcares of Dubuque County, Iowa, subject to easements and restrictions of record. Grantors do Hereby Covenant with Grantees and successors in interest that Grantors hold the real e° •: is by titre in fee simple; that they have good and lawful authority to sell and convey the real estate; that cl.<. real estate is Free and Clearof all Liens and Encumbrances except as may be above stated; and Grantors cx.:..•enani. to Warrant and Defend the real estate against the lawful claims of all persons except as may be is ove stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive sh;: e In and to the real estate, Sj*GC A1164•r k th*TM rsMnkv fl Wortis and phrases herein, including acknowledgment hereof, shall be construed as in the singular %orris number, and as masculine or feminine gender, according to the context. Crated: JANUARY 31, 2002. OH Mc ADDEN AS POWER OF ./t.TTORNEY FOR VINCENT J. McPADDEN aik/a VINCENT MCFADDEN TE OF IOWA ,, c _INTY OF DUBUQUE )SS: By: (a/ $64/cFADDEN AS POWER OF ATTORNEY FOR LUELLA M. McFADDEN a/k/a LUELLA McFADDEN C}n this 31' day of January, 2002, before me, zjNI, personally appeared John 11 ? iakI+: t:, to me known to be the person who executed the foregoing instrument on behalf of Vincent 3. n,l,, Faddt n a/k/a Vincent McFadden and Luella M. McFadden a/k/a Luella McFadden, and acknowledged Ili .Icahn McFadden executed the same as the voluntary act and decd f said John McFadden an behalf of `s ! r,,cut J. McFadden a/k/a Vincent McFadden and Luella M. Maid den a/k/a L e eMil ddcn. CH 4 g DONNA AA. BUSc/ Nto L4. COMMISSION I40, 160578 ��Notary Public in and for the State of Iowa commistIon somas 5-16- :DCOIR