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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 r gTwz4, 0 ; • QUIT CLAIM DEED 7~a O 4rw'r` no 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 uc c otu NKitrbtl 8a - tOWA Gtlr~lq No. 7 M C~txisstoa tns~D/~