Plastic Center Sam's Club ROWTHE CITY OF ~,
DUB ~ ~ E
Masterpiece on the Mississippi
MEMORANDUM
August 30, 2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Plastic Center -Sam's Club Project
City Attorney Barry Lindahl recommends City Council acceptance of the Deed from
Plastic Center, Inc. to the right-of-way property along Asbury Road for the additional
eastbound thru-lane from the Northwest Arterial -Asbury Road intersection to the new
access serving the Sam's Club Project.
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
THE CITY OF
DUB E
Masterpiece on the Mississippi
BARRY LINDAHL
CITY ATTORNEY
MEMORANDUM
To: Michael C. Van Milligen
City Manager
DATE: August 28, 2007
RE: Plastic Center -Sam's Club Project
On August 1, 2006 the City of Dubuque and Plastic Center, Inc. entered into an
agreement relating to the improvement of Asbury Road with an additional eastbound
thru-lane from the Northwest Arterial -Asbury Road intersection to the new access
serving the Sam's Club Project. The project required the acquisition of property from
Plastic Center, Inc. for right-of-way. Plastic Center, Inc. agreed to make a charitable
contribution of property for the additional public right-of-way along Asbury Road for the
length of the east lane widening.
Plastic Center, Inc. has now submitted the enclosed Deed to the right-of-way property.
I recommend that the enclosed Resolution Accepting the Deed be submitted to the City
Council for consideration and adoption.
cc: Gus Psihoyos, City Engineer
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 / EnnAIL balesq@cityofdubuque.org
Preparers Barry A. Lindahl, Esq. Address: Suite 330, 300 Main Street, Dubuque, IA 52001
Telephone: (563) 583-4113
RESOLUTION NO. 449-07
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY,
IOWA FROM PLASTIC CENTER, INC., d/b/a THE FISCHER COMPANIES
WHEREAS, the City of Dubuque, Iowa (City) and Plastic Center, Inc. (Plastic
Center) entered into an agreement (the Agreement) dated August 1, 2006 relating to
the improvement of Asbury Road pursuant to which Plastic Center agreed to make a
charitable contribution of property to City for additional public right-of-way along Asbury
Road as necessary to accommodate the widening of the road due to the Sam's Club
development; and
WHEREAS, Plastic Center now desires to make a gift of the following described
real property to the City of Dubuque pursuant to the Agreement:
Lot A of Lot 1 of Pfohl Farm in the City of Dubuque, Iowa, according to the
Acquisition Plat filed July 10, 2007 as Instrument No. 2007-00010379 in
the records of the Dubuque County Recorder,
And
Lot B of Lot 2 of Lot 2 of Pfohl Farm in the City of Dubuque, Iowa,
according to the Acquisition and Easement Plat filed July 10, 2007 as
Instrument No. 2007-00010380 in the records of the Dubuque County
Recorder.
AND WHEREAS, the City Council of the City of Dubuque desires to accept the
gift on behalf of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA, AS FOLLOWS:
Section 1. The City of Dubuque hereby accepts the Quit Claim Deed from Plastic
Center, Inc., attached hereto.
Section 2. The City Clerk is hereby authorized and directed to record this
Resolution with the Dubuque County Recorder.
Passed, approved and adopted this 4th day of September
Attest:
Jeanne F. Schneider, City Clerk
2007.
eTHE x1WA STATE ai11R AaaOCIATION
OebW Form No. 100 - 3001 FOR THE LEGAL EFFECT OF THE UaE OF
THIa FORM, CONaULT YOUR LAWYlR
Retum Document to:~anv A. i 'n nhl. C ,i ~ 0 Ha_*Mr View Place 001`" in Ctr DLt•m,e A 52001-: ""
Preparer Intormaatteon•Bnaa J. Kane 2100 Asburv Road Suite 2 Dubuque, IA 52001 Phone• (563) 582 7980
Address Taz Statement: City of Dubuque. 1311± and Ge++tral Avta rte,; Dnbaduc ~ IA 52001
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;
• QUIT CLAIM DEED
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For~fe cx>nsideretlon dt and with the intent to make a itift ~y~ -~+-----._.+- ••
PLASTIC CENTER INC. a New York Corporation (d/b/a TILE FISCHER COMPANIES)
do hereby Quit Claim to
THE CITY OF DUBUQUE, IOWA, sn Iowa municipal corporation
ail our right, title, in~reat, estate, daim and demand in the foliowh~p dearx(bed roal estate in Dubuque Courrty, Iowa;
Lot A of Lot 1 of Pfohl Farm in the City of Dubuque, Iowa, according to the Acquisition and Easement Plat filed July 10,
2007 as Instrument No. 2007-00010379 in the records of the Dubuque County Recorder.
AND
Lot B of Lot 2 of Lot 2 of Pfohl Farm in the City of Dubuque, Iowa, according to the Acquisition and Easement Plat filed
July 10, 2007 as Instrument No. 2007-00010380 in the records of the Dubuque County Recorder.
[EXEMPT FROM TRANSFER TAX PURSUANT TO IOWA CODE SECTION 428A.2(6)]
Each of the undersigned hereby roRnqulshes aN rights of dower, homestead and distributive aharo h and to the real estate
.
Words and phrases heroin, induding acknowledgment hereof, shall be construed as in the singular or plural number
and as masarNne w
,
minine gender, according to the context.
PLASTIC R, INC. Dated: August Z tl 2007
Bye
L. Anthony Pfohl, ce ident ( ntorl
n ~
STATE OF Iowa COUNTY OF_ Dubuque
This lr~strument was acknowledged beforo me on , by
,Notary PubNc
Wnn of adcnowled meat for Individual rento s
Acknowledgments for Individuals
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
STATE OF ,COUNTY OF
This instrument was acknowledged before me on _
by
_ .Notary Public
Acknowledgments for Corporation or Other Entity
STATE OF Iowa . COUNTY OF Dubuque
This instntment was acknowledged before me on Aueust .2007
by_ L. Anthony Pfoh1
Notary Public
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NKitrbtl 8a - tOWA
Gtlr~lq No. 7
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