Tyler Rd Warranty Deed Acceptance
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DU~~E
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MEMORANDUM
January 28, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Tyler Road - Acceptance of Correction Warranty Deed
City Engineer Gus Psihoyos is recommending acceptance of a Correction Warranty
Deed for a right-of-way purchase from the Dubuque Community School District for a
cul-de-sac on Tyler Road.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
/11cj/fL IfzJ
Micha~1 C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
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MEMORANDUM
January 24, 2005
TO:
FROM:
Michael C. Van Milligen, City M~~a~
Gus Psihoyos, City Engineer ~/
SUBJECT: Tyler Road - Acceptance of Correction Warranty Deed
INTRODUCTION
Enclosed is a resolution accepting a Correction Warranty Deed for a right-of-way
purchase on Tyler Road.
BACKGROUND
The City acquired a small parcel from the Dubuque Community School District at
Hoover School for a cul-de-sac on Tyler Road. After recording the deed, the City
Assessor pointed out that Lot A in Block 8 already existed, so we needed to
rename the acquired lot to Lot B Block 8.
The City has recorded an Affidavit for the Acquisition Plat renaming the
previously-acquired lot to Lot B. A Correction Warranty Deed from the Dubuque
Community School District has been received.
DISCUSSION
Enclosed is a Correction Warranty Deed for the parcel needed for the cul-de-sac
paving project and for the installation of sidewalks on Tyler Road. Included is the
following Correction Warranty Deed:
OWNER
LEGAL DESCRIPTION
Dubuque Community School District
Lot B of Block 8 in Mettel-Link Addition
in the City of Dubuque, Dubuque
County, Iowa
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RECOMMENDATION
The above property has already been purchased by the City, and the Correction
Warranty Deed should be accepted by the City Council. I would recommend
adoption of the enclosed resolution accepting the Correction Warranty Deed.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution accepting the
Correction Warranty Deed from the Dubuque Community School District.
Prepared by Ronald J. Turner, PLS
cc: Dubuque Community School District
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GRAPHIC SCALE
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TYLER ROAD
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RESOLUTION NO. 34-05
RESOLUTION ACCEPTING A CONVEYANCE OF LOT B OF BLOCK 8
IN METTEL-L1NK ADDITION IN THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA
Whereas, the City of Dubuque entered into an agreement with the
Dubuque Community School District pursuant to which the Dubuque Community
School District agreed to convey Lot B of Block 8 in Mettel-Link Addition in the
City of Dubuque, Dubuque County, Iowa, as shown on the Acquisition Plat
thereof; and
Whereas, the Dubuque Community School District has executed a
conveyance of said property.
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 Correction Warranty Deed from the
Dubuque Community School District, copies of which are attached hereto, as
acquired 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.
2005.
Passed, approved and adopted this 7th day of February
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
.
.
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Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Address Tax Statement: City of Dubuque, 50 W. 13'" Street, Dubuque, iowa 52001
CORRECTION
WARRANTY DEED
For the consideration of Ten and 00/100 Dollars ($10.00) and other
valuable consideration, Dubuque Community School District does hereby convey
to the City of Dubuque, Iowa, the following described real estate in Dubuque
County, Iowa:
Lot B Block 8 Mettel-Link Addition in the City of Dubuque, Dubuque
County, Iowa
This deed is given to correct an error in the legal description set forth in a
certain Warranty Deed between these parties dated August 9, 2004 and filed
September 10, 2004 as Instrument No. 16034-04 of the records of the Dubuque
County Recorder.
This land is being acquired for public purposes and a Declaration of Value
is not required according to Iowa Code Section 428A.1.
Grantors do hereby covenant with Grantees, and successors in interest,
that Grantors hold the real estate by title in fee simple; that it has 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 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.
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Dated at Dubuque, Iowa this {J tt... day of ::.Jq." \AO Y '7 ,20()K.'"
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Dubuque Community School District
By:
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Douglas . Horstmann, Board President
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Jdni Lucas, Board Secretary