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Purchase of 2106 Kniest StreetTHE CITY OF Dubuque R D ~ All V L r ~? Maste iece on the Mississi i ~' pp ~~ ~' `~' ~: 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Purchase of property at 2106 Kniest Street DATE: June 10, 2008 Housing and Community Development Department Director David Harris recommends City Council approval to purchase a residential dwelling for $81,000 located at 2106 Kniest Street owned by David and Rita Birch. This purchase is part of the acquisition program associated with the Bee Branch Creek Restoration Project. Purchase of this property was previously authorized by action of the City Council at the April 21, 2008 meeting. However, the City was subsequently informed by the County Assessor's Office of a discrepancy in the legal description for the property. For this reason, the Council is again requested to approve this acquisition. I concur with the recommendation and respectfully request Mayor and City Council approval. zL- ~ .1 Micha I C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David Harris, Housing and Community Development Department Director TO: Michael Van M' I' en, City Manager i~ FROM: David Ha ,Housing and Community Development Department SUBJECT: Purchase of property at 2106 Kniest Street DATE: 30 May 08 Introduction The purpose of this memorandum is to request the City Council's approval to purchase a residential dwelling located at 2106 Kniest Street, as part of the acquisition program associated with the Bee Branch Creek Restoration Project. Discussion Purchase of this property was previously authorized by action of the City Council at the 21 April 08 meeting. However, we were subsequently informed by the County Assessor's Office of a discrepancy in the legal description for the property. The confusion resulted from an adjacent lot which had been purchased by the homeowner but not accurately legally-descripted in the information obtained by our ECIA consultant from the County Treasurer's Office. For this reason, the Council is again requested to approve this acquisition. Action Step The action requested of the City Council is to approve the attached resolution, authorizing purchase of a residential dwelling located at 2106 Kniest Street, in the City of Dubuque, Iowa, owned by David and Rita Birch, in the amount of $81 000. cc: Tim O'Brien, Asst City Attorney RESOLUTION NO. 192-08 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2106 KNIEST STREET, 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 twenty-eighth property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the. City of Dubuque hereby approves the acquisition of the following legally described property: Southeasterly 20 feet of the Southwesterly 97 feet of Lot 2, and the Northwesterly 10 feet of the Southwesterly 97 feet of Lot 3 in Frisch's Subdivision of Lot 3 of Kniest's Subdivision of Mineral Lot 314 in the City of Dubuque, Iowa, according to the recorded Plat thereof, and Lot 1 and the Westerly 5 feet of the Southerly 97 feet of Lot 2 and the Northwesterly 5 feet of the Northeasterly 50 feet of Lot 2, in Frisch's Subdivision of Lot 3 of Kniest's Subdivision of Mineral Lot 314 in the City of Dubuque, Iowa, according to the recorded Plat thereof At the cost of Eighty-one thousand dollars ($81,000). 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 Glerk 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 16th day of June, 2008. Roy D. uol, Mayor ~ Jeanne F. Schneider, CMC, City Clerk