Acceptance of State of Iowa Land Patent - 250 South Main St. Copyright 2014
City of Dubuque Consent Items # 29.
ITEM TITLE: Acceptance of State of Iowa Land Patent- 250 South Main
Street
SUMMARY: City Manager recommending acceptance of a State of Iowa
Land Patent for conveyance of the title for the tract of land
located at 250 South Main Street from the State of Iowa to
the City of Dubuque.
RESOLUTION Accepting a State Land Patent for the
conveyance of title for the tract of land located at 250 South
Main Street(Parcel B, located in Block 14 of Dubuque
Harbor Company Addition in the City of Dubuque, Dubuque
County, Iowa)from the State of Iowa to the City of Dubuque
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Acceptance of Land Patent for 250 South Main Street- City Manager Memo
MVM Memo
Staff Memo Staff Memo
Acceptance Resolution Resolutions
State of Iowa Land Patent 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: Acceptance of State Land Patent
State of Iowa Property Title Conveyance —250 South Main Street
DATE: December 13, 2016
City Engineer Gus Psihoyos recommends City Council acceptance of a State of Iowa
Land Patent for conveyance of the title for the tract of land located at 250 South Main
Street from the State of Iowa to the City of Dubuque.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF Dubuque
DUBL AN-AnaaicaCRY
Masterpiece ora the Mississippi 2007.201?.2019
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Acceptance of State Land Patent
State of Iowa Property Title Conveyance - 250 South Main Street
DATE: December 12, 2016
INTRODUCTION
Enclosed is a resolution accepting a State of Iowa Land Patent for the conveyance of
title for the tract of land located at 250 South Main Street from the State of Iowa to the
City of Dubuque.
BACKGROUND
In 2006 the Iowa Department of Transportation (Iowa DOT) purchased the entire 250
South Main property needed for the future US Highway 20 Bridge across the Mississippi
River Project.
Since the final design for the new adjacent US 20 Bridge was completed, in 2009 the
City approached the Iowa DOT regarding the purchase of any excess remnant property
for potential redevelopment opportunities. The property at 250 South Main Street, the
current location of ABC Supply Company, was available for purchase from the Iowa
DOT.
In 2010, the City executed an Offer to Buy and Deferred Payment Plan agreement to
acquire the property at 250 South Main Street.
DISCUSSION
The terms of the Iowa DOT Offer to Buy and the Deferred Payment Plan were as
follows;
• Total purchase price: $330,000.
• Down payment: $47,143.
• Six-year payment plan, with annual payments of $47,143
The City has made annual payments of $47,143 and final payment was issued and
received in September 2016. Now that the terms of the Offer to Buy are completed, the
Iowa DOT has prepared the attached State Land Patent for the conveyance of title for
the tract of land located at 250 South Main Street to the City of Dubuque.
Enclosed is the State Land Patent deed for the parcel legally described as follows:
Seller (Grantor) Buyer (Grantee) Legal Description
Parcel B, located in Block 14 of Dubuque
State of Iowa City of Dubuque Harbor Company Addition, City of Dubuque,
Dubuque County, Iowa
RECOMMENDATION
I would recommend accepting the State Land Patent for the conveyance of title for the
tract of land located at 250 South Main Street from the State of Iowa to the City of
Dubuque.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution accepting the Land
Patent for the conveyance of title for the tract of land located at 250 South Main Street
from the State of Iowa to the City of Dubuque.
Prepared by: Robert Schiesl, Assistant City Engineer
Nate Kieffer, PLS
Mike Jackson, Iowa DOT Property Management
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Doc ID 008569910006 Type GEN
Kind: RESOLUTION
Recorded: 12/22/2016 at 04:08:05 PM
Fee Amt: $32.00 Page 1 of 6
Dubuque County Iowa
John Murphy Recorder
Fi1e201 V-00017332
RECORDER'S COVER SHEET
Accepting State Land Patent
Preparer Information:
Nate Kieffer City of Dubuque Engineering Department, City Hall, 50 W. 13th St.,
Dubuque, IA 52001, 563-589-4270
Taxpayer Information:
City of Dubuque, Iowa, 50 W. 13th St., Dubuque, IA 52001
Return Document To:
Kevin Firnstahl, City of Dubuque City Clerk, 50 W. 13th Street, Dubuque, IA 52001, 563-
589-4100
Legal Description:
Parcel B located in Block 14 of Dubuque Harbor Company Addition, in the City of
Dubuque, Dubuque County, Iowa. Locally known as 250 Main Street.
Grantors: Grantees:
State of Iowa The City of Dubuque, Iowa
50 W, 13th Street
Dubuque, IA 52001
Attachments:
Certified City of Dubuque Resolution No. 430-16
Previously recorded documents 201600015537
Iowa DOT Recorder's Cover Sheet
State Land Patent No. 6151
Iowa DOT Acquisition Plat Exhibit A
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 430-16
A RESOLUTION ACCEPTING A STATE LAND PATENT FOR THE CONVEYANCE
OF TITLE FOR THE TRACT OF LAND LOCATED AT 250 SOUTH MAIN STREET
(PARCEL B, LOCATED IN BLOCK 14 OF DUBUQUE HARBOR COMPANY
ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA) FROM THE
STATE OF IOWA TO THE CITY OF DUBUQUE
Whereas, on February 1, 2010,.the City of Dubuque executed an Offer to Buy
and Deferred Payment Plan agreement to purchase Parcel B, located in Block 14 of
Dubuque Harbor Company Addition in the City of Dubuque, Dubuque County, Iowa and
the State of Iowa has accepted said offer to purchase; and
Whereas, per the terms of the Offer to Buy agreement, the City has made annual
payments of $47,143 and final payment was issued and received by the State of Iowa
on September 30th, 2016; and
Whereas, the State of Iowa has executed a Land Patent for the conveyance of
said property.
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 of,
accepts, and consents to the Land Patent from the State of Iowa, a copy of which is
attached hereto, as required by Iowa Code Section 569.7.
Section 2. The Mayor is hereby authorized and directed to execute and
acknowledge on behalf of the City of Dubuque any instruments in connection herewith.
Passed, adopted and approved this 19th day of December, 201'.
Attest:
Kevi
S. irnstah
Com`, City Clerk
(9,
Ooy D. Buol, Mayor
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
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.
do further state that the hereto attached Resolution No. 430-16 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 20th day of December, 2016.
2
Kevin ."irnstahl; CMC, City Clerk
CIowAooT
Number: 201600015537
Recorded: 11/16/2016 at 3:50:03.747 PM
Fee Amount: $22.00
Revenue Tax: $0.00
JOHN MURPHY RECORDER
Dubuque County, Iowa
STATE LAND PATENT
Recorder's Cover Sheet
PREPARER INFORMATION: Cyndy Howell, Iowa Department of Transportation, Right
of Way Office, 800 Lincoln Way, Ames, IA 50010 515-239-1534
TAXPAYER INFORMATION: City of Dubuque, Iowa, 50 West 13th Street, Dubuque, IA
52001
RETURN DOCUMENT TO: Cyndy Howell, Iowa Department of Transportation, Right of
Way Office, 800 Lincoln Way, Ames, IA 50010
GRANTORS:
State of Iowa
LEGAL DESCRIPTION: See Page 2
GRANTEES:
City of Dubuque, Iowa
DOCUMENT QR INSTRUMENT NUMBER OF PREVIOUSLY RECORDED DOCUMENTS:
Dubuque County Project No, BRF-20-9(158)--38-31
City of Dubuque, Iowa (Parcel 108) Page 1 of 3
Prepared by\ Return to:
Cyndy Howell, IA Department of Transportation, Right of Way Office, 800 Lincoln Way, Ames, IA 50010, 515-239-1534
Address Tax Statements: City of Dubuque, Iowa, 50 West 13th Street, Dubuque, IA 52001
Patent No.
State of Iowa
OFFICE OF
THE SECRETARY OF STATE
6151
STATE LAND OFFICE
The STATE OF IOWA, subject to conditions listed in this patent, hereby conveys to City of Dubuque,
Iowa, real estate in Dubuque County, Iowa, and more particularly described as follows:
Parc& "8", located in Block 14 of Dubuque Harbor Company Addition, in the City of Dubuque, as shown and
described in Warranty Deed recorded April 29, 2005 in Document No. 2005-00006524 in the records of Dubuque
County, Iowa.
Direct access between the above described parcel of land and U.S. 20 and U.S. 52/ 61/151 will be prohibited.
This conveyance is subject to all easements of record.
These provisions run with the land and are binding upon buyers, their heirs, successors, and assigns.
This transfer is exempt from transfer tax. Iowa Code Section 428A.2(6).
Declaration of Value Filing is not required, as the State of Iowa is the Grantor and exempt from such filing by
Section 428A.1 of the Code of Iowa.
CONDITIONS: Authority and consideration for issuance of this patent are stated in the certificate of the
Right of Way Director of the Iowa Department of Transportation filed with the State Land Office as
provided in Iowa Code Section 9G.6. This conveyance is subject to the conditions imposed by Iowa Code
Sections 306.22, 306.23, 306.24, and 306.25, including the right of a utility association, company or
corporation to continue in possession of a right of way in use at the time of the sale.
I, Terry E. Branstad, Governor of the State
of Iowa, have caused this instrument to be
issued and the Great Seal of the State of
Iowa to a affixed to it at Des Moi9,es, on
this �4 day of rV01,g f , 2016.
Terry E. Branstad, Governor of Iowa
Cr.P I Pate, Iowa Secretary of State
I hereby certify that the foregoing Patent is recorded in Vol. 27 Page 201 in the State Land
Office.
DOT 1196
IOWA DEPARTMENT^')OF TRANSPORTATION•'
ACQUISITION PLAT
EXHIBIT "A"
COUNTY DUBUQUE STATE CONTROL NO.
PROJECT N0, BRF-20-90,56)--38-31 PARCEL NO. 108
SECTION 25 AND 30 . . TOWNSHIP 89N RANGE 2E AND 3E
ROW -FEE 53,280 SO FT. EASE SQ FT EXCESS -FEE .S0 FT
ACCESS RIGHTS ACQUIRED.- STA STA. MAIN LINE SIDE
ACCESS RIGHTS ACQUIRED - STA STA. . SIDE ROAD.' SIDE
ACQUIRED FROM WilmQ M. 14eQer,.4* al.
AREA BREAKDOWN PARCEL A 9136 SQ FT L0T:1 EXCEPT E'LY 20' 10,267 SS FT
PARCEL 8 44,144 SQ FT LOTS 2 THRU 9 EXCEPT EV 20' 4550 50 FT EACH
I LOT A BLS 14 3205 SQ FT
4QT ! TAEREI
BlK 19 2606 50 FT
C -. TOTAL AREA " 53,280 50 FT
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[ hereby certify that this fond surveying document wos
prepared and the relotea survey work was performed
by oo or under my direct personal supervision and tnat
1071 o •uly licensed Land Surveyor under the laws of
ats of low
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Lawrsnas A. Boyer Dote
License Number 9761
ENG (NEEFS PLANNERS LANG SURVEYORS 'Uy 1laense ronswat date is December 31. 2006.
470 CENTRAL AYEN05 543-582-6481 888000E. 1A 5200!-7024 (Sheets covered by this seal: 1 0f 1
DATE DRAWN
03/29/05
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