Indiana Subdivision_Acceptance of Quit Claim DeedMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Indiana Subdivision - Acceptance of Quit Claim Deed
DATE: July 22, 2011
Dubuque
kittll
CAR-America City
111
2007
City Engineer Gus Psihoyos recommends City Council acceptance of the Quit Claim
Deed for the storm water detention facility in Indiana Subdivision.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
aelC. Van
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
Milligen
Iligen
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
C
FROM: Gus Psihoyos, City Engineer
SUBJECT: Indiana Subdivision — Acceptance of Quit Claim Deed
DATE: July 21, 2011
INTRODUCTION
Enclosed is a resolution accepting a quit claim deed for the storm water detention
facility in Indiana Subdivision.
DISCUSSION
Dubuque
had
AI- AmdicaCity
111 I '
2007
On April 20, 2009, the City Council accepted the public improvements (Resolution121-
09) including street paving with curb, sanitary sewer main, watermain, storm sewers
and catch basins, boulevard street lighting, and stormwater detention facilities installed
by the Indiana Subdivision developer, KZ Investments, LLC.
Enclosed is a quit claim deed that transfers the ownership of Lot A of Indiana
Subdivision which contains the stormwater detention facilities for Indiana Subdivision.
The City will assume the future maintenance of the facilities; however, per Resolution
341 -05, the costs of that maintenance are assessed to each respective property owner
within the Indiana Subdivision.
The quit claim deed includes the following:
Owner
KZ Investments, LLC
RECOMMENDATION
Legal Description
Lot A of Indiana Subdivision
The Quit Claim Deed associated with the stormwater detention facilities in Indiana
Subdivision should be accepted by the City Council. I recommend adoption of the
enclosed resolution accepting the deed.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution accepting the quit claim
deed for the stormwater detention facilities in Indiana Subdivision.
Prepared by Ron Turner, PLS
cc: Deron Muehring, Civil Engineer II
2
RESOLUTION NO. 238 -11
ACCEPTING A CONVEYANCE OF PROPERTY IN INDIANA SUBDIVISION TO THE
CITY OF DUBUQUE FOR STORM WATER DETENTION FACILITIES
Whereas, KZ Investments, LLC pursuant to Resolution No. 341 -05 approving the
Final Plat of Indiana Subdivision, which KZ Investments, LLC agreed to construct storm
water detention facilities in compliance with improvement plans approved by the City
Engineer; and
Whereas, KZ Investments, LLC has constructed said improvements on Lot A of
Indiana Subdivision; and
Whereas, KZ Investments, LLC has executed a conveyance of said Lot A.
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 Quit Claim Deed from KZ Investments, LLC, copies of
which are 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.
Attest:
Passed, adopted and approved this 1st day of August
K- in S. Firnsta I, Acting City Cler
0
Roy D. Buol, Mayor
®THE IOWA STATE BAR ASSOCIATION FOR THE LEGAL EFFECT OF THE USE OF
Official Form No. 106 • May 2006 Barry A. Lindahl THIS FORM. CONSULT YOUR LAWYER
Return To: Ron Turner. ity Hall, 50 West 13th Street, Dubuque. Iowa 52001
Preparer: Barry A. Lindahl, Suite 330.300 Main Street, Dubuque. Iowa 52001 (563) 583 -4113
Taxpayer: City of Dubuque, 50 West 1 3th Street, Dubuque, Iowa 52001
sTATC
Alt'
t- 4
N
7s,
For the consideration of
KZ Investments, LLC
QUIT CLAIM DEED
one Dollar(s) and other valuable consideration,
do hereby
Quit Claim to City of Dubuque. Iowa
.
all
our right, title, interest, estate, claim and demand in the following
County, Iowa:
Lot A Indiana Subdivision, in the city of Dubuque, Dubuque
Each of the undersigned hereby relinquishes all rights of
to the real estate. Words and phrases herein, including acknowledgment
singular or plural number, and as masculine or feminine gender,
real estate in Dubuque
County Iowa
dower, homestead and distributive share in and
hereof, shall be construed as in the
according to the context.
Dated: 7- /1 - .L i /
KZ nvestments, LLC (Grantor) (Grantor)
(Grantor) (Grantor)
STATE OF Iowa COUNTY OF Dubuque
This instrument was acknowledged
SlAt.ntn -t i+ low" Ovio
before me on J to I , 11 TD i I , by EJI.M iS -
-
-evc Vi Ge.lis {,
('
, Notary Public
(This form of acknowledgment for Individual grantor(s) only)
, ',4 LYNN SCHMITT
Commission Number 755297
My Commission Expires
rcwh October16 2011
THE CITY OF 4
DUB
Masterpiece on the Mississippi
Indiana Subdivision
Deed Acc• stance or Detention Area
DAGIS
UUaUsUFoete GEOGRAPHIC INroenoTION SYSTEM
DISCLAIMER: This Information was compiled
using the Dubuque Area Geographic Information System
(DAG15), which Includes data created by both the City of
Dubuque and Dubuque County. It Is understood that, while
the City of Dubuque and participating agencies utihed the
most current and accurate information available, DAG15 and
It's suppliers do not warrant the accuracy or currency of the
information or data contained herein. The Coy and participating
agencies shall not be held liable for any direct, indirect, incidental,
sequential, punitive, or special damages, whether foreseeable or
unforeseeable, arising out of the authorized or unauthorized use of
this data or the inability to use this data or out of any breach of
warranty whatsoever.
100 50
1 inch = 150 feet
0
100
200 Feet
Map Prepared by:
City of Dubuque
Engineering Division
50 West 13th Street
Dubuque, Iowa 52001
Phone: (563) 589 -4270
Fax: (563) 589 -4205