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North Grandview Estate No. 2_Acceptance of Quit ClaimMasterpiece on the Mississippi Dubuque bfritt All- AntericaCily 1 1 1 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: North Grandview Estates No. 2 - Acceptance of Quit Claim Deed DATE: August 30, 2011 City Engineer Gus Psihoyos recommends City Council approval to accept a Quit Claim Deed for the stormwater detention facilities in North Grandview Estate No. 2. On July 5, 2006, the City Council approved the final plat of North Grandview Estates No. 2 (Resolution 308 -06). The City did not require the dedication of the lots to be used for stormwater detention facilities at the time of platting due to concern for liability on the part of the City. Since the developer, North Grandview Estates, LLC, was unable to construct the improvements for the development as required by Resolution No. 308 -06, the City obtained the securities for the construction of the remaining improvements, including the detention facilities. These detention facilities are to be constructed on Lots 10 and 12 of North Grandview Estates No. 2. Construction of the remaining storm sewer, paving and street lights will follow the detention facilities. The quit claim deed from North Grandview Estates, LLC for Lots 10 and 12 are designated for stormwater detention facilities. The City will assume the construction of the facilities; however, per Resolution 308 -06, the costs of the future maintenance costs will be assessed to each respective property owner within North Grandview Estates No. 2. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:jh Attachment Michael C. Van Milligen cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer 2 Masterpiece on the Mississippi Dubuque kerd NI-kneticaCity 11111! 2007 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer QG SUBJECT: North Grandview Estates No. 2 — Acceptance of Quit Claim Deed DATE: August 26, 2011 INTRODUCTION Enclosed is a resolution accepting a quit claim deed for the storm water detention facilities in North Grandview Estates No. 2. DISCUSSION On July 5, 2006, the City Council approved the final plat of North Grandview Estates No. 2 (Resolution 308 -06). The City did not require the dedication of the lots to be used for stormwater detention facilities at the time of platting due to concern for liability on the part of the City. Since the developer, North Grandview Estates, LLC, was unable to construct the improvements for the development as required by Resolution No. 308 -06, the City obtained the securities for the construction of the remaining improvements, including the detention facilities. These detention facilities are to be constructed on Lots 10 and 12 of North Grandview Estates No. 2. Construction of the remaining storm sewer, paving and street lights will follow the detention facilities. The enclosed quit claim deed from North Grandview Estates, LLC for Lots 10 and 12 are designated for stormwater detention facilities. The City will assume the construction of the facilities; however, per Resolution 308 -06, the costs of the future maintenance costs will be assessed to each respective property owner within North Grandview Estates No. 2. The quit claim deed includes the following: Owner Legal Description North Grandview Estates, LLC Lot 10 and Lot 12 of North Grandview Estates No. 2 RECOMMENDATION The Quit Claim Deed associated with the stormwater detention facilities in North Grandview Estates No. 2 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 of the stormwater detention facilities in North Grandview Estates No. 2. Prepared by Ron Turner, PLS cc: Deron Muehring, Civil Engineer II 2 RESOLUTION NO. 296 -11 ACCEPTING A CONVEYANCE OF PROPERTY IN NORTH GRANDVIEW ESTATES NO. 2 TO THE CITY OF DUBUQUE Whereas, the City of Dubuque approved the final plat of North Grandview Estates No. 2 by Resolution No. 308 -06 dated July 5, 2006, pursuant to which North Grandview Estates, LLC agreed to convey Lot 10 and Lot 12 of North Grandview Estates No. 2 in the City of Dubuque, Iowa, for detention facilities; and Whereas, North Grandview Estates, LLC 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 Quit Claim Deed from North Grandview Estates, 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. Passed, adopted and approved this 6th day of Septemb e 2011. Attest: Ke S. Firn =tahl, Acting City lerk Roy D. Buol, Mayor THE CITY OF DUB Masterpiece on the Mississippi North Grandview Estates No. 2 Detention Area Deeds • product of ) GIS F AREA LEOLRA•NIC INFORMATION SYSTEM DISCLAIMER: This information was compiled using the Dubuque Area Geographic Information System (DAGIS), 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 utilized the most current and accurate Information available, DAGIS and its suppliers do not warrant the accuracy or currency of the Information or data contained herein. The City and participating agencies shell not be held liable for any direct, Indirect, inddental, consequential, punitive, or special damages, whether foreseeable or unforeseeable, arising out of the authorized or unauthorized use of thus data or the inability to use this data or out of any breach of warranty whatsoever. 1 inch = 300 feet 100 50 0 100 200 300 400 Feet W E Map Prepared by: City of Dubuque Engineering Division 50 West 13th Street Dubuque, Iowa 52001 Phone: (563) 589 -4270 Fax: (563) 589 -4205 OTHE IOWA STATE BAR ASSOCIATION FOR THE LEGAL EFFECT OF THE USE OF Official Form No. 106 -M 2006 Barry A. Lindahl THIS FORM, CONSULT YOUR LAWYER Retum To: Ron Turner, ity Hall, 50 West 13th Street, Dubuque, Iowa 5200 Preparer: Barry A. Lindahl, Suite 330, 300 Main Street, Dubuque, Iowa 52001 (563) 583 -4113 Taxpayer: City of Dubuque, 50 West 13th Street, Dubuque, Iowa 52001 STgTF ...+P- ct- ocigEs For the consideration North Grandview Estates, QUIT CLAIM DEED of one Dollar(s) and other valuable consideration, LLC do hereby Quit Claim to City of Dubuque. Iowa all our right, title, interest, estate, claim and demand in the following real estate County, Iowa: Lot 10 and Lot 12 of North Grandview Estates No. 2 in the city of Dubuque, Dubuque Exempt: Iowa Code § 428A.2(6) Deed in which a political subdivision of the state Each of the undersigned hereby relinquishes all rights of dower, homestead to the real estate. Words and phrases herein, including acknowledgment singular or plural number, and as masculine or feminine gender, according • in Dubuque County Iowa of Iowa is the grantee and distributive share in and hereof, shall be construed as in the to the context. Dated: 75� 7, , i/ North Grandview state , LLC (Grantor) ,-:/#';/ (Grantor) (Grantor) (Grantor) STATE OF .1-0U.3Q , COUNTY OF This instrument was acknowledged L�`5 20 I I , by Rd hVA before me on Rk� J IrL 1A e�',• �.� _ F rows KIM GORDON Commission Number 755369 My Comm, Ex , - aa'i 1 I ,Notary ublic of acknowledgment for Individual grantor(s) only) (This form