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Opening Doors - Partial Release of Mortgages_1501 Jackson Street_Hearing Copyright 2014 City of Dubuque Public Hearings # 1. ITEM TITLE: Opening Doors - Partial Releases of Mortgages SUMMARY: Proof of publication for notice of public hearing to consider the partial release of three mortgages granted by Opening Doors to the City of Dubuque and the City Manager recommending approval. RESOLUTION of Intent to dispose of an interest in real estate by Partial Release of certain mortgages granted by Opening Doors to the City of Dubuque, Iowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Opening Doors Partial Release of Mortgages City Manager Memo Staff Memo Staff Memo Drake Memo Supporting Documentation Resolution Disposing OF Interest Resolutions Partial Release of Mortgage- No. 1350 Supporting Documentation Partial Release of Mortgage- No. 1352 Supporting Documentation Partial Release of Mortgage- No. 1353 Supporting Documentation Proof of Publication Supporting Documentation THE CITY OF Dubuque DUB E i" Masterpiece on the Mississippi 2007.2012.2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Opening Doors — Partial Release of Mortgages DATE: September 22, 2016 The City of Dubuque entered into a Development Agreement with Friends of St. Mary's in connection with the preservation and rehabilitation of the Jackson School building on the former St. Mary's campus. The Jackson School is located on Lot 1 of City Lot 493 in the City of Dubuque. In 2011, the City of Dubuque provided funds to Opening Doors (which operates Maria House on Lot 2 of City Lot 493) and, to secure repayment of such funds, received three mortgages from Opening Doors. At the time the mortgages were granted an incorrect legal description was used in each mortgage: the land subject to the mortgages was described as "City Lot 493 in the City of Dubuque." However, Opening Doors did not own all of City Lot 493 at that time; it owned only Lot 2. Lots 1 and 3 of City Lot 493 were owned by St. Mary's Church. Lots 1 and 3 of City Lot 493 have now been conveyed to Friends of St. Mary's as part of the preservation and rehabilitation of the St. Mary's campus. Friends of St. Mary's is requesting that the City release Lots 1 and 3 of City Lot 493 from the mortgages. The City would maintain its mortgage on the Opening Doors property, which was the original intent of the transaction. City Attorney Barry Lindahl recommends that the City Council approve a resolution disposing of an interest in real estate by partial release of mortgages granted by Opening Doors to the City of Dubuque, Iowa. I concur with the recommendation and respectfully request Mayor and City Council approval. Zia/ Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, Senior Counsel Crenna Brumwell, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager 2 HE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi BARRY LINDAHL CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: September 20, 2016 RE: Opening Doors — Partial Release of Mortgages Attached is a letter from Attorney D. Flint Drake requesting the partial release of three mortgages granted by Opening Doors to the City of Dubuque. The City of Dubuque entered into a Development Agreement with Friends of St. Mary's in connection with the preservation and rehabilitation of the Jackson School building on the former St. Mary's campus. The property was purchased by the non-profit Friends of St. Mary's from St. Mary's Church for the sole purposes of preserving the buildings and enhancing the neighborhood. The Jackson School is located on Lot 1 of City Lot 493 in the City of Dubuque. In 2011, the City of Dubuque provided funds to Opening Doors (which operates Maria House on Lot 2 of City Lot 493) and, to secure repayment of such funds, received three mortgages from Opening Doors. The recording information related to the mortgages is reflected in the proposed Resolution. At the time the mortgages were granted an incorrect legal description was used in each mortgage: the land subject to the mortgages was described as "City Lot 493 in the City of Dubuque." However, Opening Doors did not own all of City Lot 493 at that time; it owned only Lot 2. Lots 1 and 3 of City Lot 493 were owned by St. Mary's Church. The use of the incorrect legal description was apparently in error. Lots 1 and 3 of City Lot 493 have now been conveyed to Friends of St. Mary's as part of the preservation and rehabilitation of the St. Mary's campus. Friends of St. Mary's is requesting that the City release Lots 1 and 3 of City Lot 493 from the mortgages. The City would maintain its mortgage on the Opening Doors property, which was the original intent of the transaction. 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 I recommend that the City Council adopt the attached resolution disposing of an interest in real estate by partial release of mortgages granted by Opening Doors to the City of Dubuque, Iowa. BAL:tIs Attachment F:\Users\tsteckle\Lindahl\Friends of St.Marys-Steeple Square 1501 Jackson\Open in g Doors Releases\MVM_Resolution DisposingOflnterest_092016.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 Drake Law Firm, Pc. ATTORNEYS D. Flint Drake* 300 Main Street,Suite 323 Samuel M.DeGree fdrakepdrakelawpe.com Dubuque,IA 52001 sdegcena drake lawpe.com Both admitted in Iowa Telephone:(563)582-2000 *Also admitted in Wisconsin Facsimile:(563)583-5225 September 14,2016 Memorandum To: City of Dubuque From: Drake Law Firm, PC Regarding: Partial Mortgage Release Request We represent Jackson Street School, LLC and Friends of St. Mary's in connection with the preservation and rehabilitation of the Jackson School building on the former St. Mary's campus. The property was purchased by the non-profit Friends of St. Mary's from St. Mary's church for the sole purposes of preserving the buildings and enhancing the neighborhood. The Jackson School is located on Lot 1 of City Lot 493 in the City of Dubuque. In approximately 2011 the city of Dubuque provided funds to Opening Doors (which operates Maria House on Lot 2 of City Lot 493) and, to secure repayment of such funds, received three mortgages from Opening Doors. The recording information related to the mortgages is reflected in the proposed Resolution. At the time the mortgages were granted an incorrect legal description was used in each mortgage in that the land subject to the mortgages was described as "City Lot 493 in the City of Dubuque". However, Opening Doors did not own all of City Lot 493 at that time(it owned only Lot 2-Lots I and 3 of City Lot 493 were owned by St. Mary's church). It is believed that the use of the incorrect legal description was simply an error. Lots 1 and 3 of City Lot 493 have now been conveyed to Friends of St. Mary's as part of the preservation and rehabilitation of the St. Mary's campus. Friends of St. Mary's requests that the city release Lots 1 and 3 of City Lot 493 from the mortgages. The city would maintain its mortgage on the Opening Doors property, which was the original intent of the transaction. Best regards, Drake L irm, P.C. By: D. Flint Drake Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330, Dubuque IA 52001 563 583-4113 Return to: Barry A. Lindahl, Esq. 300 Main Street Suite 330, Dubuque IA 52001 563 583-4113 RESOLUTION NO. 344-16 DISPOSING OF AN INTEREST IN REAL ESTATE BY PARTIAL RELEASE OF CERTAIN MORTGAGES GRANTED BY OPENING DOORS TO THE CITY OF DUBUQUE, IOWA WHEREAS, Opening Doors, an Iowa nonprofit corporation, is the owner of Lot 2 of City Lot 493 in the City of Dubuque, Iowa; WHEREAS, on November 22, 2011 Opening Doors granted to the City of Dubuque mortgages on City Lot 493 in the City of Dubuque, Iowa recorded as Instrument Nos. 2012-1350, 2012-1352, and 2012-1353 (the "Mortgages"). The Mortgages contained an incorrect legal description as Opening Doors owned only Lot 2 of City Lot 493 and not the balance of City Lot 493 (Lots 1 and 3 of City Lot 493) ; and WHEREAS, Opening Doors and Jackson Street School, LLC, the owner of Lots 1 and 3 of City Lot 493, have requested that the Mortgages be released as to Lots 1 and 3; and WHEREAS, on September 19, 2016, the City Council pursuant to notice published as required by law held a public hearing on its intent to dispose of the foregoing interest in property by release of the Mortgages and overruled all objections thereto; and WHEREAS, the City Council finds that it is in the best interest of the City to approve the release of the Mortgages. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the; City of Dubuque, Iowa hereby approves the Partial Release of Mortgages disposing of the City's interest in real estate granted by Opening Doors to the City of Dubuque, Iowa. 092116ba1 Section 2. The Mayor is hereby authorized and directed to execute the Partial Release of Mortgages. Passed, approved and adopted this 3rd day of October, 2016. fi Roy D. Buol, M,jior ATTEST: Kevin . Firnstahl, tit erk F:\USERS\tsteckle\Lindahl\Friends of St. Marys - Steeple Square 1501 Jackson\Opening Doors Releases\ResolutonDisposingOflnterest_OpeningDoors_092116.docx 2 A'rA, PARTIAL RELEASE OF REAL ESTATE MORTGAGE THE IOWA STATE BAR ASSOCIATION Official Form No. 130 Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, Iowa 52001 (563) 583-4113 Taxpayer Information: (Name and complete address) City Hall, 50 W. 13th Street, Dubuque, IA 52001 Return Document To: (Name and complete address) Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, IA 52001 Grantors: The City of Dubuque, Iowa Grantees: Opening Doors Legal description: See Page 2 Document or instrument number of previously recorded documents: 2012-1350 The Iowa State Bar Association 2010 IOWADOCSO) PARTIAL RELEASE OF REAL ESTATE MORTGAGE The undersigned, the present owner(s) of the mortgage hereinafter described, for valuable consideration, receipt of which is hereby acknowledged, do hereby acknowledge that the following described real estate situated in Dubuque County, Iowa, to wit: Lot 1 and Lot 3 of City Lot 493 in the City of Dubuque, Iowa, according to the recorded plat thereof (1561 Jackson Street) is hereby released from the lien of the real estate mortgage, executed by Opening Doors dated November 22, 2011 , recorded in the records of the Office of the Recorder of the County of Dubuque , State of Iowa, recorded as document reference number 2012-1350 specifically reserving and retaining the mortgage lien and all mortgage rights against all of the remaining property embraced in the mortgage above described. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural, and as masculine, feminine or neuter gender, according to the context. Dated October 3, 2016 Mayor -¥ /li.oy D. Buol, Ma y Kevin S. Fr4Lstahl, City Clerk REPRESENTATIVE CAPACITY ACKNOWLEDGMENT STATE OF IOWA , COUNTY OF DUBUQUE This record was acknowledged before me on ,/�` , by Roy D. Buol and Kevin S. Firnstahl r` as Mayor and City Clerk, respectively of The City of Dubuque, Iowa TRlSH L. GLEASON Commission Number 719986 My Commission Expires ia•13.1 Signature of Notary Public INDIVIDUAL ACKNOWLEDGMENT STATE OF , COUNTY OF This record was acknowledged before me on by Signature of Notary Public NOTE: For complete release of real estate mortgage, see ISBA Form No. 129. CO The Iowa State Bar Association 2016 IowaDocs® Forni No. 130, Partial Release of Real Estate Mortgage Revised January' 2016 PARTIAL RELEASE OF REAL ESTATE MORTGAGE THE IOWA STATE BAR ASSOCIATION Official Form No. 130 Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, Iowa 52001 (563) 583-4113 Taxpayer Information: (Name and complete address) City Hall, 50 W. 13th Street, Dubuque, IA 52001 Return Document To: (Name and complete address) Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, IA 52001 Grantors: The City of Dubuque, Iowa Grantees: Opening Doors Legal description: See Page 2 Document or instrument number of previously recorded documents: 2012-1352 0 The Iowa State Bar Association 2016 [OW.ADOCS0 PARTIAL RELEASE OF REAL ESTATE MORTGAGE The undersigned, the present owner(s) of the mortgage hereinafter described, for valuable consideration, receipt of which is hereby acknowledged, do hereby acknowledge that the following described real estate situated in Dubuque County, Iowa, to wit: Lot 1 and Lot 3 of City Lot 493 in the City of Dubuque, Iowa, according to the recorded plat thereof (1561 Jackson Street) is hereby released from the lien of the real estate mortgage, executed by Opening Doors dated November 22, 2011 , recorded in the records of the Office of the Recorder of the County of Dubuque , State of Iowa, recorded as document reference number 2012-1352 , specifically reserving and retaining the mortgage lien and all mortgage rights against all of the remaining property embraced in the mortgage above described. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural, and as masculine, feminine or neuter gender, according to the context. Dated October 3, 2016 Roy D. Buol, Mayor Kevin Firns_ l City Clerk REPRESENTATIVE CAPACITY ACKNOWLEDGMENT STATE OF IOWA , COUNTY OF DUBUQUE This record was acknowledged before me on/: , by Roy D. Buol and Kevin S. Firnstahl as Mayor and City Clerk, respectively of The City of Dubuque, Iowa IRISH ISH L. GLEASd 1 Commission Number 71 n < 6 My Commission Expires Signature of Notary Public INDIVIDUAL ACKNOWLEDGMENT STATE OF , COUNTY OF This record was acknowledged before me on , by Signature of Notary Public NOTE: For complete release of real estate mortgage, see ISBA Form No. 129. © The Iowa State Bar Association 2016 Form No. 130, Partial Release of Real Estate Mortgage Revised January 2016 lowaDocs'7 PARTIAL RELEASE OF REAL ESTATE MORTGAGE THE IOWA STATE BAR ASSOCIATION Official Form No. 130 Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, Iowa 52001 (563) 583-4113 Taxpayer Information: (Name and complete address) City Hall, 50 W. 13th Street, Dubuque, IA 52001 Return Document To: (Name and complete address) Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, IA 52001 Grantors: The City of Dubuque, Iowa Grantees: Opening Doors Legal description: See Page 2 Document or instrument number of previously recorded documents: 2012-1353 0 The Iowa State Bar Association 20 f 6 (OWADOCSOS PARTIAL RELEASE OF REAL ESTATE MORTGAGE The undersigned, the present owner(s) of the mortgage hereinafter described, for valuable consideration, receipt of which is hereby acknowledged, do hereby acknowledge that the following described real estate situated in Dubuque County, Iowa, to wit: Lot 1 and Lot 3 of City Lot 493 in the City of Dubuque, Iowa, according to the recorded plat thereof (1561 Jackson Street) is hereby released from the lien of the real estate mortgage, executed by Opening Doors dated November 22, 2011 ., recorded in the records of the Office of the Recorder of the County of Dubuque , State of Iowa, recorded as document reference number 2012-1353 , specifically reserving and retaining the mortgage lien and all mortgage rights against all of the remaining property embraced in the mortgage above described. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural, and as masculine, feminine or neuter gender, according to the context. Dated October 3, .2016 Rq D. Buol, Mayor ( "Kevin irnst. 1 City Clerk REPRESENTATIVE CAPACITY ACKNOWLEDGMENT STATE OF IOWA , COUNTY OF DUBUQUE This record was acknowledged before me on / *%' , by Roy D. Buol and Kevin S. Firnstahl as Mayor and City Clerk, respectively of The City of Dubuque, Iowa TR!SH L. GLEASON C"ornrissiori Number 71 My Commission Expires Signature of Notary Public INDIVIDUAL ACKNOWLEDGMENT STATE OF , COUNTY OF This record was acknowledged before me on , by Signature of Notary Public NOTE: For complete release of real estate mortgage, see ISBA Form No. 129. © The Iowa State Bar Association 2016 Form No. 130, Partial Release of Real Estate Mortgage Revised January 2016 [owaDocs® STATE OF IOWA ISS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation,publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: September 23, 2016, and for which the charge is $47.14. Subscribed to before me, a otary Publi and for Dubuque County, Iowa, this a�.7a day , 20 1,6 . Notary Public in and for Dubuque County, Iowa. ahPpiAL 8a. .FI Yd A 9'§r IL fYi�17 " CO1S313 t K rnn 134820 80 ig,• , RESOLUTION CITY OF DUBUQUE, NO.329-16 IOWA INTENT TO DISPOSE OFFICIAL NOTICE OF AN INTEREST IN PUBLIC NOTICE is REAL ESTATE BY j hereby given that the PARTIAL RELEASE OF City Council of the City CERTAIN MORTGAG- of Dubuque, Iowa, will ES GRANTED BY __old a public hearing__i___OPENING,DOORS,TO on the 3rd day of Octo- THE CITY OF DUBU- ber,2016 at 6:00 p.m.in QUE,IOWA the Historic Federal WHEREAS, Opening Building, 350 West 6th Doors, an:Iowa non- Street, second floor, profit corporation; is I Dubuque, Iowa, at ti e_bwner of Lot 2 of which meeting the City ' City,rpot493 in the City'' ,Council proposes, to `of Dubuque,Iowa; dispose of an interest I WHEREAS;on.Novem- in the following descri- i ber 22,'2011 Opening` bed real property, by Doors granted to the partial release of cer- City of,Dubuque mort-' tain mortgages to gages on City Lot-493 I Opening Doors, a non- in the City:of Dubuque; profit organization:- Iowa recorded as In-^ Lots 1 and 3-of City strument. Nos. 2012- Lot 493 in:the City of-'i 1350, 2012-1351 and Dubuque,16wa(local- 2012-1353 (the "Mort-' ly known as St.Mary's lgages"). The Mortgag- Church/School) , es contained an incor-i .At the.meeting, the rect legal',description City Council will re- as Opening Doors' ceive oral and.written owned only Lot 2 of, comments from any City Lot 493 and not resident or property the balance of City Lot owner of said City to 493 (Lots 1 and 3 of the above action.Writ- City Lot 493F;and . ten comments regard- WHEREAS, Opening ing the above public Doors and Jackson hearing may be sub- Street School, LLC,the miffed to the City owner of lots 1 and,3, Clerk's Office, City { -of City Lot.493,have re- Hall,50 W. 13th Street, { quested that tWIVIort on or before said time gages be released 'as;:j of public hearing. to Lots 1 and 3;and Copies of supporting WHEREAS, the City documents for the pub- Council has tentatively lic hearings are on file determined that the in the City Clerk's Of- Mortgages shouldbe.' fice, and may be 'released as to those viewed during normal lots;and working hours. WHEREAS, the City' Any visual or hearing Council has deter impaired . persons mined that the.pro- needing special assis- posed partial release tance or persons with of the Mortgages l special' accessibility should be set forpub116` needs should contact, hearing. the City Clerk's Office NOW,THEREFORE,BE at (563)_589-4100 or IT RESOLVED BY THE TTY�563) 690-6678 at CITY COUNCIL OF THE least 48 hours prior to CITY.OF DUBUQUE, 10 the m2etii19 '; WA: Dated this 23rd day of Section 1.The City of September 2016 Dubuque intends to Kevin S.Firnstahl, dispose of its interest' Citv.Clerk in the Property by Par-'I tial Release of,Mort gages granted byi Opening Doors to thea City of Dubuque,Iowa. Section 2. That the City Clerk is hereby au- thorized and directed to cause this'Resolu- tion'and a notice to'bei published as prescri- bed by Iowa:Code Sec- tion 364.7 of a public_ hearing,on'the City's', intent to dispose of its interest in tots•1 and 3 Of City Lot 493 by Parti- al Release of Mortgag- es to be held on the 3rd day of October, 2016,: at,6:00 o'clock•p.m,at the Historic: Federal Building, 350 West 6th: Street,Dubuque;Iowa Passed,approved andr adopted,this 19th day of September,2016.) Kevin J.Lynch, Mayor Pro-Tem Attest:KeviniS. Firnstahl,City'Clerk 1t9/23 I it i