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Purchase of Property_1545 Grandview Avenue_Scott NelsonTO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Purchase of Property from Scott J. Nelson at 1545 South Grandview Avenue for the Purpose of Creating a City Park DATE: December 16, 2009 Assistant City Attorney Tim O'Brien recommends City Council acceptance of a Deed for the property at 1545 South Grandview Avenue from Scott J. Nelson for the purpose of creating a City park. I concur with the recommendation and respectfully request Mayor and City Council approval. ichael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Tim O'Brien, Assistant City Attorney THE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi !` _., ~~_~' .LAMES (TIM) A. O~BRIEN, ESQ. .. ,i ~ ~ ASSISTANT CITY ATTORNEY L .~ To: Michael C. Van Milligen City Manager DATE: December 15, 2009 RE: Purchase of Property from Scott J. Nelson at 1545 South Grandview Avenue for the Purpose of Creating a City Park The City Council previously approved an agreement for the purchase of the property at 1545 South Grandview Avenue from Scott J. Nelson for the purpose of creating a City park. Enclosed is a copy of the Warranty Deed from Scott J. Nelson. The original Warranty Deed has already been recorded. I recommend that the Deed and accompanying resolution accepting the Deed be submitted to the City Council for consideration and approval. Enclosure cc: Gil Spence, Leisure Services Manager F:\USERS\tsteckle\O'Brien\Grandview-Rockdale Property\MVM_ResolutionAcceptingDeed_121509.doc OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-8550 /FAX (563) 583-1040 / EMAIL tiobrien@cityofdubuque.org Prepared by: James A. O'Brien 300 Main Street Suite 330 Dubuque IA 52001 563 583-8550 Return to: James A. O'Brien 300 Main Street Suite 330 Dubuque IA 52001 563 583-8550 RESOLUTION NO. 472 -09 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM SCOTT J. NELSON WHEREAS, the City of Dubuque entered into an Agreement with Scott J. Nelson for the purchase of the property at 1545 South Grandview Avenue for the purpose of creating a City park at that location legally described as: Lot 2 of Lot 2 of Mineral Lot 12 in the City of Dubuque, Iowa, commonly known as 1545-1545'/2 South Grandview Avenue, Dubuque, Iowa and; WHEREAS, the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque hereby accepts the Warranty Deed from Scott J. Nelson attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Warranty Deed with the Dubuque County Recorder. Passed, approved and adopted this 21st of December , 2009. Roy D. uol, Mayor Att st: .~ ~ eanne F. Schneider, City Clerk F:\USERS\tsteckle\O'Brien\Grandview-Rockdale Property\ResolutionAcceptingDeed_121509.doc ©THE IOWA STATE 8AR ASSOCIATION Scott J. Nelson FOR THE LEGAL EFFECT OF THE USE OF THIS FORM CONSULT YOUR LAWYER Official Form No. 101 - Ma 2006 Return To: Ci of Dubu ue Preparers Scott J Nelson 3003 Asbury Rd Ste 1 Dubuaue IA 52001 (56356-4444 Taxpayer: Cit f Du u e s~ A'r~ a' •p z WARRANTY DEED 'r`S'ocf Ai`° For the consideration of nne and No/100 Dollar(s) and other valuable co deration, Scott J Nelson, a single person do hereby Convey to Ci of Dubu ue the following described real estate in DubLa11P County, Iowa: Lot 2 of Lot 2 of Mineral Lot 12 in the City of Dubuque, Iowa, according to recorded Plats thereof 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 may be above stated; and grantors Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and stated . 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: ~d j~?©D~! Scott J. Nelson (Grantor) (Grantor} STATE OF IOWA COUNTY O DUBU UE This instrument was acknowledged before me on ~~,~n. L~r- ~ nh , by Scott J. Nelson a sin le erson .~- CYNIHIA MIRISH ,Notary Public lrea 5 Ex ie ~inm ~~~ C M C p lon l Y o ,IOW -~ i (This form of acknowledgment for individual grantor(s) only)