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Purchase of Property - 510-512 Rhomberg AvenueDubuque THE CITY OF DUB E "'~' 1 Masterpiece on the Mississippi 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Purchase of Property at 510-512 Rhomberg Avenue DATE: December 6, 2008 On May 5, 2008, the City Council approved the purchase of a rental dwelling at 510-512 Rhomberg Avenue as part of the Bee Branch Creek Realignment Project. Notification was received from the City Assessor that the legal description on the property was incorrect. Housing and Community Development Department Director David Harris recommends City Council approval to rescind Resolution No. 142-08 and approve the attached resolution with the corrected legal description. concur with the recommendation and respectfully request Mayor and City Council approval. V Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David Harris, Housing and Community Development Department Director THE CITY OF DUbUgU@ ~~. ~'~ '(~ ~ All-AmedcaCipl (.,J ' r Masterpiece on tl~e Mississippi 2007 4 December 08 To: Michael Van Milligen, City Manager From: David ~~~is, Housing and Community Development Department Re: Purchase of property at 510-512 Rhomberg Avenue Introduction The purpose of this memorandum is to request the City Council's approval of purchase of a rental dwelling as part of the Bee Branch Creek Realignment Project. Discussion This purchase was previously approved by Council action at its 5 May 08 meeting, by Resolution No. 140-08. However, we recently received notification from the City Assessor that the legal description of the property was incorrect. For this reason, we must rescind the May resolution and approve a corrected version. Action Step The action requested of the City Council is to approve the attached resolution, rescinding Resolution No. 142-08 and approving acquisition of real estate located at 510, 510 '/z, 512 Rhomberg Avenue. RESOLUTION NO. 432 -08 RESOLUTION RESCINDING RESOLUTION NO. 142-08 WHICH CONTAINED AN INCORRECT LEGAL DESCRIPTION AND APPROVING THIS RESOLUTION FOR THE ACQUISITION OF REAL ESTATE LOCATED AT 510, 510'/2, 512 RHOMBERG AVENUE, IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001 HDR "Drainage Basin Master Plan;" and WHEREAS, a purchase agreement has been finalized with the owner of the thirty-ninth (39th) property scheduled for acquisition. WHEREAS, Resolution No. 142-08 approving the acquisition of real estate located at 510, 510'/2, 512 Rhomberg Avenue, in the City of Dubuque contained and incorrect legal description. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby rescinds Resolution No. 142-08 and approves this new Resolution for the acquisition of real estate located at 510, 510'/2, 512 Rhomberg Avenue, in the City of Dubuque for the following legally described property: Lot 1 of the Subdivision of Lot 33 of High Street Subdivision; and Lots 16 and 16A of Smedley's Subdivision; in the City of Dubuque, Iowa, according to the recorded plat thereof. At the cost of Eighty-five thousand dollars ($85,000). Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 15th day of December, 2008 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk