Bee Branch Creek_Purchase of 1597 Maple Street_SchwartzTHE CITY OF Dubuque
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Masterpiece on the Mississippi
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Bee Branch Creek Restoration Project -Purchase of Property from Milton
Schwartz - 1597 Maple Street
DATE: June 30, 2009
Assistant City Attorney Tim O'Brien is recommending acceptance of the deed for 1597
Maple Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
M' hael C. Van Milligen
MCVM:Iw
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Tim O'Brien Assistant City Attorney
THE CTfY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi ,.,.-.~-
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.LAMES (TIM A. O~BRIEN, ESQ. ,~ ~-~ __,~
ASSISTANT CITY ATTORNEY ~.,
To: Michael Van Milligen
City Manager ~~
DATE: June 29, 2009
RE: Bee Branch Creek Restoration Project -Purchase of Property from Milton
Schwartz - 1597 Maple Street
On June 26, 2008, the City entered into an agreement with Milton Schwartz for the
purchase of his property located at 1597 Maple Street for the Bee Branch Creek
Restoration Project.
The City has now acquired the property. Attached is a resolution accepting the deed to
the property.
I recommend that the resolution be submitted to the City Council for consideration and
approval.
JAO:tIs
Attachment
F:\USERS\tsteckle\O'Brien\Schwartz Milton-1597 Maple Street\MVM_ResolutionAcceptDeed_062909.doc
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 30O MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-8550 / FAx (563) 583-1040 / EMAIL tiobrien@cityofdubuque.org
RESOLUTION NO. 217 -09
A RESOLUTION APPROVING THE ACQUISTION OF REAL ESTATE OWNED
BY MILTON E. SCHWARTZ 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
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:
Lot 291 East Dubuque Addition No. 2 in the City of Dubuque, Dubuque
County, Iowa, according to the recorded plat thereof.
At the cost of One Hundred Twenty Two Thousand and 00/100 Dollars
($122,000.00).
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 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 is hereby directed to forward a
copy of this Resolution to the Dubuque County Assessor and the Dubuque
County Auditor.
Passed, approved and adopted this6th day of July , 2009.
L~ r ~ ~-(J
Roy D. Buol, Mayor
Atte t:`
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~~anne F. Schneider, CMC, City Clerk
®THE IOWA STATE BAR ASSOCIATION
Offidal Form No. 101 • Ma 2006 James A. O'Brien ISBA#000007005 FOR THE LEGAL EFFECT OF THE USE OF
THIS FORM CONSULT YOUR LAWYER
Retum To: awes A. O r>en, Surte 330 ar or >.ew ace 3 am Street u u ue, Iowa 5 -8 0
Preparers James A. O'Brien, Suite 330 Harbor View Place 300 Main Street Dubuque, Iowa (563) 583-8550
Taxpayer: Citv of Dubuque. Iowa 50 West 13th Street Dubuque. Iowa 52001
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WARRANTY DEED
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For the consideration of one Dollar(s) and other valuable consideration,
Milton E. Schwartz, a single person
do hereby
Convey to City of Dubuque. Iowa
the
following described real estate in u County, Iowa:
Lot 291 East Dubuque Addition. No. 2 in the City o ubuque, Dubuque County, Iowa
Grantors do Hereby Covenant with grantees, and successors in interest, that grantors hold the real
estate by title in fee simple; that they have good and lawful authority to sell and Convey the real estate; that the
real estate is free and clear of all liens and encumbrances except as maybe above stated; and grantors
Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above
stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and
to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Dated:
Milton E. Schwartz (Grantor) (Grantor)
STATE OF Iowa , COUNTY OF Dubuque
This instrument was acknowledged before me on , by Milton E. Schwartz, a
aingl~ ers~n
Notary Public
(This form of acknowledgment for individual grantor(s) only)