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Bee Branch Creek Restoration Project_Acquisition of 2239 Prince StreetMasterpiece on the Mississippi Dubuque kard All-America City '1111' 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Bee Branch Creek Restoration Project - Acquisition of 2239 Prince Street (CIP 7201654) DATE: November 26, 2011 City Engineer Gus Psihoyos recommends City Council approval to purchase property at 2239 Prince Street from Kim Kluga for the appraised value of $64,000. This purchase is part of the acquisition program associated with the Bee Branch Creek Restoration Project. I concur with the recommendation and respectfully request Mayor and City Council approval. P;-si te9A- Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF Dui Masterpiece on the Mississippi TO Michael C Van Milligen, City Manager FROM Gus Psihoyos, City Engineer DATE November 22,2011 SUBJECT Bee Branch Creek Restoration Project - Acquisition of 2239 Prince Street (CIP 7201654) Dubuque All- America City 11111 2007 INTRODUCTION The purpose of this memorandum is to request City Council approval to purchase property required for the Bee Branch Creek Restoration Project at 2239 Prince Street owned by Km 14uga BACKGROUND In December of 2001, the City Council formally adopted the Drainage Basin Master Plan (DBMP) prepared by HDR Engineering (Omaha, Nebraska) Based on the study, approximately 1,150 homes and businesses in the Bee Branch watershed are at risk of flood damage In December of 2004, the City Council established the alignment for the Bee Branch Creek Restoration Project, from 15th and Sycamore Streets to 24th and Washington Streets, and established a building permit moratorium for the properties impacted based on the alignment On June 6, 2011, the City Council approved the acquisition of additional property for the Bee Branch Creek Restoration Project and for off-street parking near22nd and Kniest Street DISCUSSION The owner of the property, Kim 14uga, has agreed to se112239 Prince Street for the appraised value of $64,000 The attached Exhibit A shows the location of the property RECOMMENDATION I recommend that the City purchase 2239 Prince Street for $64,000 00 PROJECT COST - BUDGET IMPACT The purchase price is within the budget for the property It will be funded from the FY2009 appropriation of $3 902 395 for property acquisitions for the Bee Branch Creek Restoration Project (CIP 7201654) ACTION TO BE TAKEN I respectfully request adoption of the attached resolution authorizing the purchase of the property owned by Kim Kluga at 2239 Prince Street legally described as Lot 1 of Lot 49 in "Sanford Division" in the City of Dubuque, Iowa, according to the recorded plat thereof, County of Dubuque, State of Iowa Prepared by Deron Muehring, Civil Engineerll cc Jenny Larson, Budget Director Deron Muehring, Civil Engineerll RESOLUTION NO. 395 -11 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY KIM KLUGA IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001 "Drainage Basin Master Plan;" and Whereas, a purchase agreement has been finalized with the owner of the property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: Lot 1 of 49 in "Sanford Subdivision" in the City of Dubuque, Iowa, according to the recorded plat thereof, County of Dubuque, State of Iowa At the cost of Sixty Four Thousand and 00/100 Dollars ($64,000.00). Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty Deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Attest: Passed, approved and adopted this 5th day of D , Kevin Firnstahl, C ty Clerk e�,• ,2011. ANA_ Roy D. uol, Mayor er Exhibit A Bee Branch Creek Restoration Project Property Acquisition Address 2239 Prince Street Legal Description Lot lof 49 in Sanford's Subdivision, in the City of Dubuque, Iowa, according to the recorded Plat of said subdivision, County of Dubuque, State of Iowa !! iilii!!!! itiilii!!! ii!!!! ii!! itii!!! i!! III I! !!ii!!!!ii!!!ii!!!ii!liiii!iii! Doc ID: 007410560002 Type: GWH Kind: GROUNDWATER HAZARD Recorded: 06/22/2012 at 10:45:34 AM Fee Amt: $0.00 Page 1 of 2 Dubuque County Iowa Kathy Flynn Thurlow Recorder File2012- 00000965 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name Kimberly L. Kluga Address 2182 Sunnyview Drive Dubuque Iowa 52002 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name City of Dubuque, Iowa Address 50 West 13th Street Dubuque Iowa 52001 Number and Street or HR City, Town or P.O. State Zip Address of Property Transferred: 2239 Prince Street Dubuque Iowa 52001 Number and Street or HR City, t own, or P.O. State Zip Legal Description of Property: (Attach if necessary) Lot 1 of Lot 49 in "Sanford Subdivision" in the City of Dubuque, Iowa, according to the recorded plat thereof 1. Wells (check one) 7X There are no known wells situated on this property. _ There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) There is no known solid waste disposal site on this property. _ There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) There is no known hazardous waste on this property. _ There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) A There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) _ There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542 -0960 (Sept. 1, 2010) ZO I Z - (QLi Y7 5. Private Burial Site (check one) A There are no known private burial sites on this property. There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) All buildings on this property are served by a public or semi - public sewage disposal system. _ This transaction does not involve the transfer of any building. There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: (Transferor or FILE WITH RECORDER Telephone No.: (,5--4..3) 5'/m DNR form 542 -0960 (Sept. 1, 2010) IIIIIIIIIIIIIY IIV IIIIIIIIII�IIIVVIV mm. 1111 Doc ID: 007410550003 Type GEN Kind DEED WITH RESOLUTION Recorded: 06/22/2012 at 10:45:18 AM Fee Amt: $123.60 Pape 1 of 3 Revenue Tax: $101.60 Dubuque County Iowa Kathy Flynn Thurlow Recorder File2012- 00010437 ©THE IOWA STATE BAR ASSOCIATION Maureen Quann ISBA 1428604 FOR THE LEGAL EFFECT OF THE USE OF Official Form No. 101 - May 2006 THIS FORM, CONSULT YOUR LAWYER Return To: Maureen A. Quann, Suite 330 Harbor View Place 300 Main Street Dubuque, Iowa 52001 (563) 589 -4381 Preparer: Maureen A. Quann, Suite 330 Harbor View Place 300 Main Street Dubuque, Iowa 52001 (563) 589 -4381 Taxpayer: City of Dubuque, Iowa 50 West 13th Street Dubuque. Iowa 52001 P TT 5 `.0 2 . �,cZ CIA For the consideration Kimberly L. Kluga WARRANTY DEED of one Dollar(s) and other valuable consideration, do hereby Convey to City of Dubuque, Iowa the following described real estate Lot 1 of Lot 49 in "Sanford thereof Grantors do Hereby estate by title in fee simple; that real estate is free and clear of Covenant to Warrant and Defend stated. Each of the undersigned to the real estate. Words and singular or plural number, and ,i in Dubuque County, Iowa: Subdivision" in the City Covenant with grantees, they have good and lawful all liens and encumbrances the real estate against hereby relinquishes all phrases herein, including as masculine or feminine 7,...., of Dubuque, Iowa, according to the recorded plat and successors in interest, that grantors hold the real authority to sell and Convey the real estate; that the except as may be above stated; and grantors the lawful claims of all persons except as may be above rights of dower, homestead and distributive share in and acknowledgment hereof, shall be construed as in the gender, according to the context. Dated: llo ^' A /—/.2- Kim erly L. Kluga (Grantor) (Grantor) STATE OF IOWA COUNTY OF Dubuque This instrument was acknowledged before me on JUnE 21, 2012. , by IGU'M1 1-• ileh ti. =�e ^ ,, MAUREEN A. QUANN Commission Nu , rr769,01 My Comm. Exp. �„� Maureen A. uann Notary Public Q ry (This form of acknowledgment for individual grantor(s) only) W JV RESOLUTION NO. 395 -11 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY KIM KLUGA IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001 "Drainage Basin Master Plan;" and Whereas, a purchase agreement has been finalized with the owner of the property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: Lot 1 of 49 in "Sanford Subdivision" in the City of Dubuque, Iowa, according to the recorded plat thereof, County of Dubuque, State of Iowa At the cost of Sixty Four Thousand and 00/100 Dollars ($64,000.00). Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty Deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 5th day of D JIL er . 2011. Attest: Kevin • Firnstahl, C ty Clerk Roy D. Buol, Mayor STATE OF IOWA CERTIFICATE of the CITY CLERK SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 395 -11 is a correct copy of the original Resolution No. 395 -11 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 5th day of December, 2011. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 21st day of June, 2012. Key' S. Firnstahl, City Clerk