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Purchase of 2106 Kniest StreetTHE CTTY OF DUB E MEMORANDUM Masterpiece on the Mississippi September 8, 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Purchase of Property at 2106 Kniest Street Housing and Community Development Department Director David Harris recommends City Council approval to purchase a residential dwelling for $74,000 located at 2106 Kniest Street owned by David L. and Rita M. Birch. 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. ~v Tl,, ~~ ~ c '~ Mic ael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David Harris, Housing and Community Development Department Director THE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi 06 September 2007 To: Mich Van Milligen, City Manager ,~ From: David arris, Housing and Community Development Department Re: Purchase of Property at 2106 Kniest Street Introduction The purpose of this memorandum is to request the City Council's approval to purchase a residential dwelling located at 2106 Kniest Street, as part of the acquisition program associated with the Bee Branch Creek Restoration Project. Background The 2001 HDR "Drainage Basin Master Plan" identified approximately 70 homes to be purchased as part of the Bee Branch Creek Restoration Project. To date the City Council has approved a preliminary right of way design and the properties that will be impacted have been identified. The Fiscal Year 2007 CIP budget has allocated $2,615,668 for acquisitions. Discussion The twenty eighth home located in the Bee Branch Realignment and scheduled for purchase is owned by David L. and Rita M. Birch. An independent appraisal has established market value at $74,000. David L. and Rita M. Birch have accepted an offer for purchase in this amount by signing the purchase agreement offered by the Housing Department. Negotiations for payment of relocation assistance benefits are continuing. However, these have no bearing on the action to acquire the property. We expect to have those concluded as soon as a comparable home becomes available. Action Step The action requested of the City Council is to approve the attached resolution, authorizing purchase of property located at 2106 Kniest Street in the City of Dubuque, Iowa. RESOLUTION NO. 469-07 A RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 2106 KNIEST STREET, 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 HDR "Drainage Basin Master Plan;" and WHEREAS, a purchase agreement has been finalized with the owner of the twenty eighth 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: Southeasterly 20 feet of the Southwesterly 97 feet of Lot 2, and the Northwesterly 10 feet of the Southwesterly 97 feet of Lot 3, in Frisch's Subdivision of Lot 3 of Kniest's Subdivision of Mineral Lot 314; Northwesterly 5 feet of the Northeasterly 50 feet of Lot 2, Frisch's Subdivision of Lot 2 of Kniest's Subdivision of Mineral Lot 314; Lot 1 of Frisch's Subdivision and the Northwesterly 5 feet of the Southwesterly 97 feet of Lot 2, in Frisch's Subdivision of Lot 1 and Lot 2 of Kniest's Subdivision of Mineral Lot 314, in the City of Dubuque, Iowa, according to the recorded plat thereof. At the cost of Seventy four thousand dollars ($74,000). Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim 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 she is hereby authorized and directed to cause said Quit Claim 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 she 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 17th day of September, 2007. Roy D. Buol, Mayor Attest Jeanne Schneider, CMC, City Clerk