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Acceptance of Deed - CW Wolff, LLC (SELCO) Copyright 2014 City of Dubuque Consent Items # 10. ITEM TITLE: Acceptance of Deed - CW Wolff, LLC (SELCO) SUMMARY: City Manager recommending approval of a resolution accepting the Quit Claim Deed related to the purchase of the alley between Main Street and Salina Street by CW Wolff, LLC (SELCO). RESOLUTION Accepting the Deed to certain real estate from CW Wolff, LLC in Dubuque County, Iowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type ❑ Purchase of Alley by CW Wolff, L.L.C.-MVM Memo City Manager Memo ❑ Staff Memo Staff Memo ❑ Resolution Accepting Deed Resolutions ❑ Quit Claim Deed Supporting Documentation THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Purchase of Alley by CW Wolff, L.L.C. DATE: September 28, 2015 On July 6, 2015, the City Council approved the sale of property to CW Wolff, L.L.C. (Wolff). The property is a vacated alley which separates several lots owned by Wolff on lower Main Street. During a title search for the closing, a potential title issue was raised with respect to ownership of the alley. In order to establish City ownership of the alley, the City will be filing a quiet title action. Wolff is cooperating with this proceeding and has provided the City with a Quit Claim Deed to the alley. City Attorney Barry Lindahl recommends City Council approval of a resolution accepting the Quit Claim Deed. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager THE CITY OF DUB-�6 E MEMORANDUM Masterpiece on the Mississippi BARRY LINDAHL CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: September 22, 2015 RE: Purchase of Alley by CW Wolff, L.L.C. The City Council on July 6, 2015 approved the sale of property to CW Wolff, L.L.C. (Wolff). The property is a vacated alley which separates several lots owned by Wolff on lower Main Street. During a title search for the closing, a potential title issue was raised with respect to ownership of the alley. The alley was included in a plat of an addition to the City in 1859 by Dubuque Harbor Co. There was never a formal dedication and acceptance of the alley by the City and Dubuque Harbor Co. went out of business in 1878. In order to establish City ownership of the alley, we will be filing a quiet title action. Wolff is cooperating with this proceeding and has provided the City with a quit claim deed to the alley. The attached resolution accepts the quit claim deed. I recommend that the resolution be submitted to the City Council for consideration and approval. BAL:tIs Attachment cc: Gus Psihoyos, City Engineer Nate Kieffer, Surveyor F:\USERS\tsteckle\Lindahl\Selco-Crescent Realty\MVM_QuitClaimDeed_092215.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. 331-15 ACCEPTING THE DEED TO CERTAIN REAL ESTATE FROM CW WOLFF, L.L.C. IN DUBUQUE COUNTY, IOWA Whereas, the City of Dubuque, Iowa entered into a Purchase Agreement with CW Wolff, L.L.C. for the purchase of certain real property in Dubuque County, legally described as follows: Lot 7A of Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa (the Property); and Whereas, in order to comply with the terms of the Purchase Agreement CW Wolff, L.L.C. has quit claimed all its right, title and interest in the Property to the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby accepts the Quit Claim Deed from CW Wolff, L.L.C. 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 5th day .. October, 2015. Roy D. B ;', Mayor Attest: Kevin . Firnstahl, City ' Jerk F:\USERS\tsteckle\Lindahl\Selco-Crescent Realty\ResolutionAcceptingDeed_092215.doc IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1111111111111111111 N Doc ID 008373970003 Type GEN Kind DEED WITH RESOLUTION Recorded: 01/11/2016 at 04:14:47 PM Fee Amt: $22.00 Page 1 of 3 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder File/�����o����D~��� ����� 8�_— OTnsIOWA STATE BAR ASSOCIATION FOR Official Form No. 106 - August 2013 USE OF A. Liudah} OUR LAWYER Preparer: Taxpayer:City CW Ban)/ A. Lindahl 300 Main Street, Suite 330 Dubuque, IA 52001 (563) 583-4113 Dubuque, IA 52001 DEED Dollar(s) and other valuable consideration, of Dubuque, Iowa 50 West 13th Street QUIT CLAIM For the consideration of one Wolff, L.L.C, an Iowa Limited Liability Company do hereby Quit Qaimto� the�OfDnbV^ze�w8 all our right, title, Lot 7Aof to the This to the singular /otoneot, estate, claim and demand in the following Block l3 in Dubuque Harbor Company's recorded plats thereof. Deed is exempt ffrom transfer tax pursuant Each of the undersigned hereby relinquishes all rights rea estate. Words and phrases herein, includingaohnow|edQmontharenf. orplural nmb�ad~em i�geDder,�000ndingtoth�oonhoxt � y / y Dated: + ,i . '=' , ^/ /'� real estate in Dubuque County, Iowa: Addition, in the City ofDubuque, Iowa, according to Iowa {ode. section 428J\.2(6) of dower, homestead and distributive share in and shall be construed as in the . ���� , ///~_�,~' (GrantorBy: ^~^� ~",`~ , Trustee of^^'"/ The Clark Wolff Revocable Trust, ^ "`""' :`^: (Grantor) (Grantor) STATE Clark (Grantor) OF ��ti--64,yC/ , COUNTY 0F' (Grantor) / This record was acknowledged before me this ay~' W. �oI��,�rue�ee o� �be Cl�z� W. �o1�� De���u"y� �roa�, ����`�-Mem6er. , ,e4(...6_,2 - (This form of acknowledgment for ndividua grantor(s) only) /700 RESOLUTION NO. 331-15 ACCEPTING THE DEED TO CERTAIN REAL ESTATE FROM CW WOLFF, L.L.C. IN DUBUQUE COUNTY, IOWA Whereas, the City of Dubuque, Iowa entered into a Purchase Agreement with CW Wolff, L.L.C. for the purchase of certain real property in Dubuque County, legally described as follows: Lot 7A of Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa (the Property); and Whereas, in order to comply with the terms of the Purchase Agreement CW Wolff, L.L.C. has quit claimed all its right, title and interest in the Property to the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby accepts the Quit Claim Deed from CW Wolff, L.L.C. 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 5th day f October, 2015. Attest: Kevin'. Firnstahl, City Clerk D Roy D. B', Mayor F:\USERS\tsteckle\Lindahl\Selco-Crescent Realty\ResolutionAcceptingDeed_092215.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. 331-15 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 10th day of November, 2015. Kevin `S. Firnstahl, MCity Clerk 1111 11 11 uo III 11 11 111 Doc ID 008373980002 Type: GWH Kind GROUNDWATER HAZARD Recorded: 01/11/2016 at 04:17:32 PM Fee Amt: $0.00 Page 1 of 2 Dubuque County Iowa John Murphy Recorder Fue2016-00000053 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name CW Wolff, L.L.C. Address 50 West 13th Street Dubuque Iowa 52001 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name City of Dubuque, Iowa Address 50 West 13th Street Dubuque Iowa 52001 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: N/A Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) Lot 7A of Block 13 in Dubuque Harbor Company's Addition, in the City of dubuque, Iowa, according to the recorded plats thereof 1. Wells (check one) X There are no known wells situated on this property. There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) X There is no known solid waste disposal site on this property. There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) X There is no known hazardous waste on this property. There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) X There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542-0960 (Jul(18, 2012) ©/1_373 5. Private Burial Site (check one) X There are no known private burial sites on this property. _ There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) _ All buildings on this property are served by a public or semi-public sewage disposal system. X This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. ® There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. ® There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] _ This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: I HEREBY DECLATHAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: (Tr: ns - or or Agen FILE WITH RECORDER Telephone No.: 56 3.5d ?. 411 DNR form 542-0960 (July 18, 2012)