Property Acquisition - Dubuque Community School District_Audubon School Copyright 2014
City of Dubuque Consent Items # 16.
ITEM TITLE: Property Acquisition - Dubuque Community School District (Audubon
School)
SUMMARY: City Attorney recommending adoption of a resolution accepting the deed to
property owned by Dubuque Community School District adjacent to
Audubon School for the Bee Branch Creek Restoration Project.
RESOLUTION Accepting the Deed to certain real estate in Dubuque
County, Iowa from the Dubuque Community School District
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ Staff Memo Staff Memo
❑ Resolution Accepting Deed Resolutions
❑ Warranty Deed Supporting Documentation
THE C rY OF
DUB bE MEMORANDUM
Masterpiece on the Mississi i
a
BARRY LINDAH
CITY ATTORNE
To: Mayo�r✓Roy D. Buol and
Members of the City Council
DATE: August 20, 2015
RE: Acquisition of Property from the Dubuque Community School District
The City entered into a Purchase Agreement dated June 5, 2015 with the Dubuque
Community School District for the purchase of property located immediately adjacent to
the area of the Bee Branch Creek Restoration project for stormwater mitigation activities
as recommended in the 2001 "Drainage Basin Master Plan" as amended in 2013.
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
Deron Muehring, Civil Engineer 11
F:\USERS\tsteckle\Lindahl\Audubon School Property Acquisition\MayorCouncil_ResolutionAcceptingDeed_082015.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
RESOLUTION NO. 297-15
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY,
IOWA FROM THE DUBUQUE COMMUNITY SCHOOL DISTRICT
Whereas, the City of Dubuque, Iowa entered into a Purchase Agreement on June 5,
2015, with the Dubuque Community School District for the purchase of certain real
property in Dubuque County, Iowa legally described as follows:
Lot B of Lot 2 of Mineral Lot 314 and Lot B of Lot 3 of Mineral Lot
314 in the City of Dubuque, Iowa, according to the Acquisition
Plat recorded on July 8, 2015, in the records of the Dubuque
County Recorder as Instrument #2015-00008842
and;
Whereas, the terms of the Agreement have been fulfilled.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby accepts the Deed from the Dubuque Community
School District, attached hereto.
Section 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 8th day of September, 2015.
Attest:
Kevin S. Firnstahl, 'City Jerk
Roy d. B? , Mayor
F:\USERS\tsteckle\Lindahl\Audubon School Property Acquisition\ResolutionAcceptingDeed_080715.doc
Return to: Barry A. Lindahl, 300 Main Street, Harbor View Place Suite 330, Dubuque, IA 52001
Prepared By: Douglas M. Henry, AT0003395, 200 Security Building, 151 W. 8th Street, Dubuque, IA 52001; 563-556-4011
Tax,a er: Cit of Dubu ue, Iowa, 50 est 13th Street, Dubu u , IA 52001
SPACE ABOVE THIS LINE FOR RECORDER
WARRANTY DEED
CORPORATE GRANTOR
For the consideration of Ten ($10.00) Dollars and other valuable consideration, Dubuque Community School
District, in the Counties of Dubuque and Jackson, State of Iowa, a.k.a. Dubuque Community School District,
organized and existing under the laws of State of Iowa does hereby Convey to the City of Dubuque, Iowa, the
following described real estate in Dubuque County, Iowa:
Lot B of Lot 2 of Mineral Lot 314 and Lot B of Lot 3 of Mineral Lot 314, in the City of Dubuque,
Iowa, according to the Acquisition Plat recorded on July 8, 2015, in the records of the Dubuque County
Recorder as Instrument #2015-00008842.
This deed is exempt from transfer tax according to Section 428A.2(6), Code of Iowa, and is exempt from
Declaration of Value and Groundwater Hazard requirements according to Sections 428A.1 and 558.69, Code of Iowa.
Grantor does hereby covenant with grantees and successors in interest, that it holds the real estate by title
in fee simple; that it has good and lawful authority to sell and convey the real estate; that the real estate is free and
clear of all Iiens and encumbrances, except as may be above stated; and it covenants to Warrant and Defend the real
estate against the lawful claims of all persons, except as may be above stated.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural
number, according to the context.
Dated:
, 2015
DUBUQUE COMMUNITY SCHOOL DISTRICT
By
Michael J. Do
Education of
District
u , President of the Board of
Dubuque Community School
Dated:
( ,2015
DUBUQUE COMMUNITY SCHOOL DISTRICT
By
Lucas, Se
on
tary of said Board of
STATE OF IOWA
) ss:
COUNTY OF DUBUQUE )
On this 0 day of 14 14 A L& 5 ÷ , 2015, before me, the undersigned, a Notary Public in and
for said County and State, personally appeared Michael J. Donohue and Joni S. Lucas, who being by me duly
sworn, and acknowledged to me that they are the President and Secretary respectively of said corporation; that
the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of
said corporation by authority of its Board of Directors; and that said Michael J. Donohue and Joni S. Lucas as
such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation,
by it and by them voluntarily executed.
(Seal)
*
11 CojmOmANissioafiniiSumTEFFENber 737370
My Commission Expires
October 27, 2017
)1714Ckiv M
No ary Public
THE CITY OF
DUB MEMORANDUM
Masterpiece on the Mississippi
BARRY L
CITY AT
To:
Kevin Firnstahl
ity Clerk
DATE: September 18, 2015
RE: Dubuque Community School District/Audubon Warranty Deed
The City entered into a Purchase Agreement dated June 5, 2015 with the Dubuque
Community School District for the purchase of property located immediately adjacent to
the area of the Bee Branch Creek Restoration project for stormwater mitigation activities
as recommended in the 2001 "Drainage Basin Master Plan" as amended in 2013.
Attached for your file is the original Warranty Deed which was accepted by the City
Council at its September 8, 2015 meeting. The Deed was recorded on September 11,
2015 as Instrument no. 2015-00011783.
We will retain a copy of the Deed in our files and provide a copy to Engineering as well.
Thank you.
BAL:tls
Attachment
cc: Deron Muehring, Civil Engineer II
F:\USERS\tsteckle\Lindahl\Audubon School Property Acquisition\Firnstahl_OriginalRecordedWarrantyDeed_091815.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
1111111111111111111111111111111111111111
ilii
Ni
u
urn
Doc ID 008313050004 Type: GEN
Kind DEED WITH RESOLUTION
Recorded: 09/11/2015 at 01:33:28 PM
Fee Amt: $27.00 Page 1 of 4
Revenue Tax: $0.00
Dubuque County Iowa
John Murphy Recorder
File2015-00011783
Return to: Barry A. Lindahl, 300 Main Street, Harbor View Place Suite 330, Dubuque, IA 52001
Prepared By: Douglas M. Henry, AT0003395, 200 Security Building, 151 W. 8th Street, Dubuque, IA 52001; 563-556-4011
Tax a,er: Cit ofDubuue, Iowa, 50 West 13th Street, Dubuque, IA 52001
SPACE ABOVE THIS LINE FOR RECORDER
WA " '_ . NTY DEED
CORPORATE GRANTOR
For the consideration of Ten ($10.00) Dollars and other valuable consideration, Dubuque Community School
District, in the Counties of Dubuque and Jackson, State of Iowa, a.k.a. Dubuque Community School District,
organized and existing under the laws of State of Iowa does hereby Convey to the City of Dubuque, Iowa, the
following described real estate in Dubuque County, Iowa:
Lot B of Lot 2 of Mineral Lot 314 and Lot B of Lot 3 of Mineral Lot 314, in the City of Dubuque,
Iowa, according to the Acquisition Plat recorded on July 8, 2015, in the records of the Dubuque County
Recorder as Instrument #2015-00008842,
This deed is exempt from transfer tax according to Section 428A.2(6), Code of Iowa, and is exempt from
Declaration of Value and Groundwater Hazard requirements according to Sections 428A.1 and 558.69, Code of Iowa.
Grantor does hereby covenant with grantees and successors in interest, that it holds the real estate by title
in fee simple; that it has 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 it covenants to Warrant and Defend the real
estate against the lawful claims of all persons, except as may be above stated.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural
number, according to the context.
Dated:
Io
, 2015
DUBUQUE COMMUNITY SCHOOL DISTRICT
By
Michael J. Do
Education of
District
ue, President of the Board of
Dubuque Community School
Dated:
1 (0 ,2015
DUBUQUE COMMUNITY SCHOOL DISTRICT
By
Lucas„ Secretary of said Board of
on
STATE OF IOWA
) ss:
COUNTY OF DUBUQUE )
On this 1 n L./ day of fl 1_46 5 ÷ , 2015, before me, the undersigned, a Notary Public in and
for said County and State, personally appeared Michael J. Donohue and Joni S. Lucas, who being by me duly
sworn, and acknowledged to me that they are the President and Secretary respectively of said corporation; that
the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of
said corporation by authority of its Board of Directors; and that said Michael J. Donohue and Joni S. Lucas as
such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation,
by it and by them voluntarily executed.
(Seal)
f* C,Oir(n)rnissioarli.STEFFEN
Number 737370
My Commission Bcpbee
c'w October 27, 2017
No ary Public
m
RESOLUTION NO. 297-15
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY,
IOWA FROM THE DUBUQUE COMMUNITY SCHOOL DISTRICT
Whereas, the City of Dubuque, Iowa entered into a Purchase Agreement on June 5,
2015, with the Dubuque Community School District for the purchase of certain real
property in Dubuque County, Iowa legally described as follows:
Lot B of Lot 2 of Mineral Lot 314 and Lot B of Lot 3 of Mineral Lot
314 in the City of Dubuque, Iowa, according to the Acquisition.
Plat recorded on July 8, 2015, in the records of the Dubuque
County Recorder as Instrument #2015-00008842
and;
Whereas, the terms of the Agreement have been fulfilled.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby accepts the Deed from the Dubuque Community
School District, attached hereto.
Section 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 8th day of Seitember, 2015.
Attest:
Kevin S (Firnstahl, City Clerk
Roy Mayor
F:\USERS\tsteckle\Lindahl\Audubon School Property Acquisition \ResolutionAcceptingDeed_080715.doc
STATE OF IOWA
CERTIFICATE of the CITY CLERK
) 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. 297-15 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 9th day of September, 2015.
Astle
Kevi S. Firnstahl, C'.C, City Clerk