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Whites Place Accept Deed (2) ~~~JE ~YN.-~ MEMORANDUM August 27, 2005 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Lot 2 of Whites Place - Acceptance of Warranty Deed City Engineer Gus Psihoyos recommends City Council approval of the acceptance of the warranty deed for Lot 2 of Whites Place, a property purchased for the Carter Road Detention Basin Project in February 2004. I concur with the recommendation and respectfully request Mayor and City Council approval. /h ! {/ ./1,J. / / I {'" (,\, '\,-j " '.JL----- Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer (1 'c' u._......., :,-) ,'1 "'>. t i D~~~E ~YN.-~ MEMORANDUM August 24, 2005 FROM: Michael C. Van Milligen, City Mana~e&r-J Gus Psihoyos, City Engineer .-/J. ~ TO: SUBJECT: Lot 2 of Whites Place - Acceptance of Warranty Deed INTRODUCTION The purpose of this memo is to seek approval to accept the warranty deed for Lot 2 of Whites Place, a property purchased for the Carter Road Detention Basin Project. DISCUSSION Enclosed is a warranty deed for Lot 2 of Whites Place (see picture below). The City purchased the property for Carter Road Detention Basin. OWNER LEGAL DESCRIPTION Whites, Steven P. and Michelle R. Place in the City of \ I \ . ,/~ . i I __I The payment for the property was made in February, 2004. The purchase can be finalized once the City Council accepts the warranty and it is recorded by the County Recorder. RECOMMENDATION I recommend acceptance of the conveyance of the property described as Lot 2 of Whites Place in the City of Dubuque, Iowa, to the City of Dubuque. BUDGET IMPACT The property was previously budgeted and purchased as part of the Carter Road Detention Basin Project. Therefore, there is no current budget impact. ACTION TO BE TAKEN I respectfully request adoption of the attached resolution accepting conveyance of the property described as Lot 2 of Whites Place in the City of Dubuque, Iowa, to the City of Dubuque. Prepared by Deron Muehring cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Deron Muehring, Civil Engineer II Prepared by: Deron Muehring, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. 390-05 ACCEPTING A CONVEYANCE OF PROPERTY OF LOT 2 OF WHITES PLACE TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisition Agreement with Steven P. and Michelle R. Whites pursuant to which Steven P. and Michelle R. Whites agreed to convey Lot 2 of Whites Place, in the City of Dubuque, Iowa, as shown on the Warranty Deed thereof; and Whereas, Steven P. and Michelle R. Whites has executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa, hereby approves of, accepts, and consents to the Warranty Deed from Steven P. and Michelle R. Whites, 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, approved and adopted this 6th day of September, 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, 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. 13tn Street, Dubuque, IA 52001 (563) 589-4270 WARRANTY DEED - JOINT TENANCY For the consideration of Ten Dollars and other valuable consideration, STEVEN P. WHITES AND MICHELLE R. WHITES, HUSBAND AND WIFE, do hereby Convey to the CITY OF DUBUQUE, IOWA the following described real estate in Dubuque County, Iowa: Lot 2 of WHITES PLACE in the City of Dubuque, Iowa No declaration of value is required according to Iowa Code Section 428.1. Deeds with a consideration of $500.00 or less are exempt from transfer tax. Iowa Code Sec. 428A.1. This deed is given pursuant to the authority of Resolution No. _ of the City of Dubuque, adopted , 2005, the terms and conditions thereof, if any, having been fulfilled. Grantors do Hereby Covenant with grantee, and successors in interest, that grantors hold the real estate by title in fee simple; that they have 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. .. Dated: 2')Jt day of L/:'r. 2005. STATE OF IOWA, DUBUQUE COUN On thiZ2 day of ,2005 before me, the undersigned, a Notary Public in and for said St te, personally appeared STEVEN P. WHITES AND MICHELLE R. WHITES, HUSBAND AND WIFE, to me known to be the identical person named in and who executed the foregoin instrumenlaruL____ acknowledged that he executed the same as his volunt ct deed. ~ ~~ SUSAN M. WINTER ~ ' ~ COMMISSION NO.183274 _' MY COMMISSION EXPIRES 'Ow'- 2/14/08 :a I ,," '. j : ~'t I;"; ~~. :' " > -; 4 . . j,/I . 'Sf /0";;:- D(;~~JE ~<k~ MEMORANDUM August 27, 2005 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Lot 2 of Whites Place - Acceptance of Warranty Deed City Engineer Gus Psihoyos recommends City Council approval of the acceptance of the warranty deed for Lot 2 of Whites Place, a property purchased for the Carter Road Detention Basin Project in February 2004. I concur with the recommendation and respectfully request Mayor and City Council approval. /1l;l {~/IJ!-- Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer t-, (.:1 .i , i :"'i...' ~~~E ~<k~ MEMORANDUM August 24, 2005 FROM: Michael C. Van Milligen, City Manahe~ Gus Psihoyos, City Engineer ../':). ~ TO: SUBJECT: Lot 2 of Whites Place - Acceptance of Warranty Deed INTRODUCTION The purpose of this memo is to seek approval to accept the warranty deed for Lot 2 of Whites Place, a property purchased for the Carter Road Detention Basin Project. DISCUSSION Enclosed is a warranty deed for Lot 2 of Whites Place (see picture below). The City purchased the property for Carter Road Detention Basin. OWNER LEGAL DESCRIPTION \ \ , , Place in the City of Whites, Steven P. and Michelle R. /~ . i I __I The payment for the property was made in February, 2004. The purchase can be finalized once the City Council accepts the warranty and it is recorded by the County Recorder. RECOMMENDATION I recommend acceptance of the conveyance of the property described as Lot 2 of Whites Place in the City of Dubuque, Iowa, to the City of Dubuque. BUDGET IMPACT The property was previously budgeted and purchased as part of the Carter Road Detention Basin Project. Therefore, there is no current budget impact. ACTION TO BE TAKEN I respectfully request adoption of the attached resolution accepting conveyance of the property described as Lot 2 of Whites Place in the City of Dubuque, Iowa, to the City of Dubuque. Prepared by Deron Muehring cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Deron Muehring, Civil Engineer II Prepared by: Deron Muehring, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. ACCEPTING A CONVEYANCE OF PROPERTY OF LOT 2 OF WHITES PLACE TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisition Agreement with Steven P. and Michelle R. Whites pursuant to which Steven P. and Michelle R. Whites agreed to convey Lot 2 of Whites Place, in the City of Dubuque, Iowa, as shown on the Warranty Deed thereof; and Whereas, Steven P. and Michelle R. Whites has executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa, hereby approves of, accepts, and consents to the Warranty Deed from Steven P. and Michelle R. Whites, 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, approved and adopted this day of ,2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, 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. 13tn Street, Dubuque, IA 52001 (563) 589-4270 WARRANTY DEED - JOINT TENANCY For the consideration of Ten Dollars and other valuable consideration, STEVEN P. WHITES AND MICHELLE R. WHITES, HUSBAND AND WIFE, do hereby Convey to the CITY OF DUBUQUE, IOWA the following described real estate in Dubuque County, Iowa: Lot 2 of WHITES PLACE in the City of Dubuque, Iowa No declaration of value is required according to Iowa Code Section 428.1. Deeds with a consideration of $500.00 or less are exempt from transfer tax. Iowa Code Sec. 428A.1 . This deed is given pursuant to the authority of Resolution No. _ of the City of Dubuque, adopted , 2005, the terms and conditions thereof, if any, having been fulfilled. Grantors do Hereby Covenant with grantee, and successors in interest, that grantors hold the real estate by title in fee simple; that they have 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. .. it Dated: ,25'- day of STATE OF IOWA, DUBUQUE COUN On thil~ day of ,2005 before me, the undersigned, a Notary Public in and for said St te, personally appeared STEVEN P. WHITES AND MICHELLE R. WHITES, HUSBAND AND WIFE, to me known to be the identical person named in and who executed the foregoin instrumenland__ acknowledged that he executed the same as his volunt ct deed. ~.. SUSAN M. WINTER ! . ~ COMMISSION NO.183274 _. MY COMMISSION EXPIRES 'OW~ 2/14/08 :a j ," I . ...,. !.~. "'. , -. _ ",j". I · .'.~Ft lOW;:- '7~ 'iI REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT ',. Please read the filing instructions on the reverse side BEFORE completing this form. PART I - TO BE COMPLETED BY TRANSFEROR (Please Type or Print Legibly) TRANSFEROR Name Steven P. and Mi chelle R. Wli tes Address 3105 Kane Court Number and Street or RR Dubuque CIty, Town or P.O. Iowa Slate 52001 ZIp Address City of [)Jbuque 50 W. 13th Street Dubuque Iowa 52001 TRANSFEREE Name Number and Street or RR City, Town or P.O. Stale ZIp Address of Property Transferred N/A Number and Street or RR CIty, Town, or P.O. Slate ZIp Legal Description of Property Lot 2 of Wli tes Pl ace in the Ci ty of [)Jbuque, [)Jbuque County, Iowa 1. Wells (check one) ~ There are no known wells situated on this property. o There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below. 2. Solid Waste Disposal (check one) ~ There is no known solid waste disposal site on this property. o There is a solid waste disposal site on this property, but no notice has been received from the Department of Natural Resources that the site is deemed to be potentially hazardous. o There is a solid waste disposal site on this property which has been deemed to be potentially hazardous by the Department of Natural Resources. The location(s) of the site(s) is stated below. 3. Hazardous Wastes (check one) ~ There is no known hazardous waste on this property. o There is hazardous waste on this property and it is being managed in accordance with Department of Natural Resources rules. 4. Underground Storage Tanks (check one) ~ 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.) o There is an underground storage tank or tanks on this property. The type(s), size(s) and any known substance(s) contained are described below. S. Private Burial Site (check one) ~ There are no known private burial sites on this property. o There is a private burial site on this property. The location(s) of the site(s) is stated below. The known identifying information of the decedent is stated below. Information, if any, required by statements checked above: Attachment for Additional Information? Y / N '~TION CONTAINED IN PART 1 OF THIS STATEMENT IS TRUE AND CORRECT Signature: Telephone Number: _~ 582-4738 PART II - TO BE COMPLETED BY RECORDER Date of Instrument Book/I.D. Page/I.D. Date of Recording City or Township Deed 0 Contract 0 County -------------------------------------------------------------------------------------------------------------------------------------------------------------------------- DNR form (July 99) FILE WITH RECORDER (See Instruction #6) 542-0960