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Quit Claim Deed Lot 22 GlenviewTHE CITY OF DUB E ~~ MEMORANDUM December 21, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Correction Quit Claim Deed -Lot 22 Glenview A request has been received from Attorney Mark Willging, on behalf of John and Margaret Hendry, for the correction of a legal description on a Quit Claim Deed for property they purchased from the City in March of 2000. City Engineer Gus Psihoyos recommends City Council approval of the Correction Quit Claim Deed for Lot 22 of "Glenview" a Subdivision in the City of Dubuque. I concur with the recommendation and respectfully request Mayor and City Council approval. ~~~ ~~ Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer THE CIN OF Dus E MEMORANDUM ~~ December 18, 2006 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer /~I` /)) SUBJECT: Correction Quit Claim Deed -Lot 22 Glenview INTRODUCTION A request has been received from Attorney Mark Willging, on behalf of John and Margaret Hendry, for the correction of a legal description on a Quit Claim Deed for property they purchased from the City in March of 2000. DISCUSSION The legal description in the original deed was shown as Lot 22 of Glenview Addition. Upon further review of the abstract, it was found that the correct legal description should be Lot 22 of "Glenview" a subdivision in the City of Dubuque. RECOMMENDATION I recommend that the Correction Quit Claim Deed for Lot 22 of "Glenview" a subdivision in the City of Dubuque, Dubuque County be approved. ACTION TO BE TAKEN The recommendation of the City Manager should be approved and a public hearing should be held on the disposal of the property through the adoption of the enclosed resolution. Prepared by Ron Turner, PLS Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 Returned to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. RESOLUTION DISPOSING OF CITY INTEREST IN LOT 22 OF "GLENVIEW" A SUBDIVISION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this day of , 2007, the City Council of the City of Dubuque, Iowa met on the day of 2007, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 22 of "Glenview" a Subdivision in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 22 of "Glenview' a Subdivision in the City of Dubuque, Dubuque County, Iowa, to John C. and Margaret A. Hendry be and the same is hereby approved. Conveyance shall be by Correction Quit Claim Deed. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 Returned to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. 14-07 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 22 OF "GLENVIEW" A SUBDIVISION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this 22nd day of November , 2006 the City Council of the City of Dubuque, Iowa met on the 3rd day of January 2007, at 6:30 p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 22 of "Glenview' a Subdivision in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 22 of "Glenview" a Subdivision in the City of Dubuque, Dubuque County, Iowa, to John C. and Margaret A. Hendry be and the same is hereby approved. Conveyance shall be by Correction Quit Claim Deed. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, television cable, fiber optics, and electric lines as may be authorized by the City of Dubuque, Iowa. Section 3. That the Mayor be authorized and directed to execute a Correction Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to John C. and Margaret A. Hendry. Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 3rd day of January, 2007 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk maintaining water, sewer, drainage, gas, telephone, television cable, fiber optics, and electric lines as may be authorized by the City of Dubuque, Iowa. Section 3. That the Mayor be authorized and directed to execute a Correction Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to John C. and Margaret A. Hendry. Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this day of 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk