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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