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Tyler Rd Warranty Deed Acceptance , DU~~E ~Y4-~ 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 ~ < THEC/TYOF ~ DUB E ~~~ 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 ~ 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 ~ GRAPHIC SCALE J 0 150 300 ,,!..r.J'! ~ 1 600 :1 TYLER ROAD ~ VICINITY MAP NORTH ~..:;;,;;;;' , .' .' . ' .... ~. .:-_--~ k'-+ ," '. /<Ir- , _ . \ . -T! -"--1 \--\\~ \~;X~ Q~ /':~-~ \ \ I 11\ \ r-Ar~ " HI, \ \ I. ....-J '\,,~lsi/^r<:<::i+r\ \ /' \ --~.-......t' --i . " 'h~"""'~ ' '~! ~(/. ....,1-\ I~' .' ,v .111111' ' \\ .,' \ I !.-_~ ! I i \ \ \ ~ ~~.' " I' I ~~~..L ==,'''''_= ,,! I r---" ~ .~ "'~. \ 'i---i I I " ' -I ! -1 ' ,1I-_-j-1--\-~ I I-- ' ! I "'r.= -~ \ \ \ \ \--.--\ , \1.' ' I ,I I I I I.!; ,_.t-~ i r-1 i ....---\ \ ! \ \--1 ,-\ ," I I I ' ,_..-- ' I' ' ' .' I " ' ' ' , ~ I \' I \ \, I I I I' --"l ' , \ I \--1 i i! .. I I ! \ ..L. 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Ill.!,] \' '11--+=' H----\ ' - ' ( IN FEET) 1 INCH. 300' ~------ 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 . . , 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. ~ ---- S- Dated at Dubuque, Iowa this {J tt... day of ::.Jq." \AO Y '7 ,20()K.'" . ( Dubuque Community School District By: ~~- Douglas . Horstmann, Board President ~' Ciluc--iUU Jdni Lucas, Board Secretary