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Acceptance of Warranty Deed_2264 Washington StreetMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Bee Branch Property Acquisition Eichman - Accept Deed DATE: February 12, 2013 Dubuque kital All- America City II 111! 2012 City Engineer Gus Psihoyos recommends City Council acceptance of a warranty deed from Jayson D. Eichman for the easterly 27 feet of the Eichman property purchased for the construction of a permeable alley between 2264 Washington Street and the Bee Branch Creek Restoration Project. I concur with the recommendation and respectfully request Mayor and City Council approval. brit44 krt., italy, Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer Masterpiece on the Mississippi To: Michael C. Van Milligan, City Manager From: Gus Psihoyos, City Engineer Subject: Bee Branch — Property Acquisition Eichman — Accept Deed Date: February 11, 2013 c) Dubuque intitil Allmedcaclly II I► 2012 INTRODUCTION This memorandum is a request to accept a warranty deed from Jayson D. Eichman for Bee Branch construction improvements. BACKGROUND The easterly 27 feet of the Eichman property is being purchased for the construction of a permeable alley between 2264 Washington Street and the Bee Branch Creek Restoration Project. The dwelling will remain on the balance of the lot. DISCUSSION The City has obtained releases of mortgage on the portion of the Eichman property being purchased for a new permeable alley as part of the Bee Branch Creek Project. The owner has agreed to said purchase and has executed a warranty deed for Lot 2 of Bee Branch Subdivision No. 8 to the City. RECOMMENDATION The above property has already been purchased by the City and the warranty deed should be accepted by the City Council. I recommend the adoption of the enclosed resolution accepting the deed to Lot 2 of Bee Branch Subdivision No. 8 in the City of Dubuque, Dubuque County, Iowa. ACTION TO BE TAKEN I respectfully request the adoption of the attached resolution accepting the warranty deed from Jayson D. Eichman. cc: Deron Muehring, Civil Engineer Ron Turner, Surveyor RESOLUTION NO. 44 -13 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY Whereas, the City of Dubuque entered into an Acquisition Agreement with Jayson D. Eichman dated April 25, 2012 pursuant to which Jayson D. Eichman agreed to convey a part of Lot 2 of Lot 103 in L.H. Langworthy's Addition, in the City of Dubuque, Dubuque County, Iowa, as shown on the Plat of Survey of Lots 1 and 2 of Bee Branch Subdivision No. 8 in the City of Dubuque, Dubuque County, Iowa, recorded as instrument number 2012 — 8871 in the office of the Dubuque County Recorder; and Whereas, Jayson D. Eichman has executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts, and consents to the Warranty Deed from Jayson D. Eichman, 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 18th day of February , 2013. Attest: Key . Firnstahl, CM , City Clerk Q� Roy D. Buol, Mayor THE CITY OF DUB Masterpiece on the Mississippi Bee Branch Deed Lot 2 Bee Branch Subd'n. No. 8 DAGIS DUBUQUE AREA C.OGRAPHIC INFCRMATIO S.=.,r DISCLAIMER: This Information was compiled sing 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 It's suppliers do not warrant the accuracy or currency of the Information or data contained herein. The City and participating agencies shall not be held cable for any direct, Indirect, Incidental, usequential, punitive, or special damages, whether foreseeable or nforeseeable, arising out of the authorized or unauthorized use of this data or the Inability to use this data or out of any breach of warranty whatsoever. 100 1 inch = 100 feet 50 0 100 Feet N W E S Map Prepared by: City of Dubuque Engineering Division 50 West 13th Street Dubuque, Iowa 52001 Phone: (563) 589 -4270 Fax: (563) 589 -4205 ©THE IOWA STATE BAR ASSOCIATION Official Form No. 101 - May 2006 Bany A. Lindahl FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER Return To: Barry A. Lindahl, Suite 330 300 Main Street Dubuque, IA 52001 (563) 583 -4113 Preparer: Barry A. Lindahl, Suite 330 300 Main Street Dubuque, IA 52001 (563) 583 -4113 Taxpayer: City of Dubuque, Iowa 50 West 13th Street Dubuque, IA 52001 Ail- % WARRANTY DEED For the consideration of one thousand eight hundred five Dollar(s) and other valuable consideration, Jayson D. Eichman, a single person do hereby Convey to City of Dubuque, Iowa the following described real estate in Dubuque County, Iowa: Lot 2 of Bee Branch Subdivision No. 8 in the City of Dubuque, Dubuque County, Iowa Grantors do Hereby Covenant with grantees, 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. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and .: masculine or feminine gender, according to the context. Dated: /Y, 2ri 0 /,, ,!/` . / L14 Jay. on D. Eichrnan (Grantor) (Grantor) STA E OF IOWA , COUNTY OF Dubu ue This instrument was acknowledged before me on • i ' by ,, • ., • Eichman, a single person / /` . /1‘---4F--- RONALD J TURNER Notarial Seal - IOWA wow Commission No. 188684 My Commission Expires February 07, 201 ■ , Notary Public , (This form of acknowledgment for individual grantor(s) only)