Liberty St., 966, Accept DeedMEMORANDUM
August 30, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
966 Liberty Street
Assistant City Attorney James O'Brien and Planning Services Manager Laura Carstens
are recommending that the City accept ownership of the property at 966 Liberty Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
James A. O'Brien, Assistant City Attorney
Laura Carstens, Planning Services Manager
CITY OF DUBUQUE, IOWA
MEMORANDUM
August 28, 2001
TO:
FROM:
Michael C. Van Milligen, City Manager
Laura Carstens, Planning Services Manager
SUBJECT: Property History of 966 Liberty Street
This memo provides a brief history of the property at 966 Liberty Street, as you requested.
The residential property at 966 Liberty Street, formerly owned by Greg Sharkey, has been
the subject of City code enforcement actions for many years. The most recent enforcement
actions began in 1995. In 1997, the City was granted a court order to remove all junk and
salvage materials from the property. Upon further inspection of the property, City staff
determined that the existing buildings should be demolished and noted the possible
presence of hazardous materials on site.
Concurrent with the City's enforcement efforts, the U.S. government, through the U.S.
Marshal's Office, took possession of the property in forfeiture proceedings against Mr.
Sharkey. The federal government offered to transfer the property to the City. The City
agreed to accept the property, if the federal government provided assurance on
environmental issues and assisted with clean-up costs. Working with the U.S. Marshal's
Office, the City was reimbursed for $18,000 for asbestos abatement, demolition of all
buildings on the site, and clearance of trees and brush conducted in 1998.
During these efforts, Habitat for Humanity approached the City and the federal government
about obtaining the property to build one or more homes. City staff in 1999 prepared a plat
that would create a cul-de-sac at the end of Liberty Street by using a portion of the
property, and then the balance can be transferred to Habitat for Humanity. (The property
lies at the eastern end of Liberty Street, which dead-ends without a turn-around.)
Since that time, City staff has been working with the U.S. government while they concluded
the forfeiture proceedings and completed the environmental assurances necessary for the
transfer of the property.
Please let me know if you need additional information.
Prepared by: Barry Lindahl, City of Dubuque, 196 Dubuque Building, Dubuque, IA (563) 583-4113.
RESOLUTION NO, 386-01
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN
DUBUQUE COUNTY, IOWA FROM THE UNITED STATES OF AMERICA
WHEREAS, the City of Dubuque entered into an Agreement with the UNITED
STATES OF AMERICA for the purchase of the following described real property in
Dubuque County, Iowa:
Lot1 of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 16, Lot 2 of Lot 2 of Lot 2 of Lot 1 of
Lot 1 of Lot 16, Lot 2 of Lot1 of Lot 2 of Lot 1 of Lot 1 of Lot 16, Lot 1 of Lot 1 of
Lot 2 of Lot 1 of Lot 1 of Lot 16 and Lot 2 of Lot 2 of Lot 16 in Clark's Subdivision
in the City of Dubuque, Iowa
AND WHEREAS, the terms of the Agreement have now been met.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA, AS FOLLOWS:
1. The City of Dubuque hereby accepts the Deed from the United States of
America, a copy of which is attached hereto.
2. The City Clerk is hereby authorized and directed to record this Resok,,tion
with the Dubuque County Recorder.
Passed, approved and adopted this 4th day of September ,2001
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
CITY OF DUBUQUE
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Michael C. VanMilligan, City Manager
James A. O'Brien, Assistant City Attorney
August 9, 2001
966 Liberty Street (formerly Sharkey property)
I have received the attached Marshal's Quit Claim Deed fi'om Martin J. McLaughlin,
Assistant United States Attorney relating to the transfer of the property owned by the United
State Government at 966 Liberty Street to the City of Dubuque. This matter needs to be placed
on the City Council agenda for acceptance of the property by the City.
As you may know, the current plan, after acceptance of the deed, is for the City to file a
plat creating a cul-de-sac on a portion of the property and transfer the balance to Habitat for
Humanity.
In the course of negotiations regarding this deed, the U.S. Attorney's Office has assured
us that all proper procedures have been followed to secure title to the property in a forfeiture
proceeding and agree to add a "whereas" clause at the top of page 2 of the deed regarding
environmental issues.
If you need any further information, please let me know.
For Recording Pu~oses
Prepared by Martin J. McLaughlin, Assistant United States Attorney
MARSHAL'S QUITCLAIM DEED
THIS DEED, made and entered into this 6th day of August, 2001, between Dennis
H. Blome, United States Marshal for the Northern District of Iowa, whose address is 101
1st Street SE, 320 Federal Building, Cedar Rapids, Iowa, of the first part,
AND the City of Dubuque, of the second part;
WITNESSETH, That whereas, at a regular term in the District Court of the United
States, held in and for said District in a case entitled United States of America v. 966
Liberty Street, Dubuque, Dubuque County, Iowa, Civil Number CR 97-1014, on the 10th
day of September, 1997, a Judgment and Decree of Forfeiture was entered pursuant to
21 U.S.C. § 881(a)(7), declaring that the real property located at 966 Liberty Street,
Dubuque, Dubuque County, Iowa, was forfeited to the United States of America.
AND WHEREAS, According to law, the United States Marshal is charged with the
duty to dispose of said property;
AND WHEREAS, dudng the course of the forfeiture proceedings, the United States
and the City of Dubuque became aware of the potential for environmental concerns
involving asbestos;
AND WHEREAS, the City of Dubuque did undertake certain precautionary actions
to remove asbestos from the property;
AND WHEREAS, it is the belief of the United States that no additional
environmental hazards exist on this property and no known environmental hazards are
known to the United States as of the date of the signing of this deed;
NOW, THEREFORE, I, Dennis H. Blome, United States Marshal for said District,
by virtue of my office, and by force of the statute in such cases made and provided for, and
for and in consideration of One Dollar ($1.00) in hand paid to me by the City of Dubuque,
do grant, bargain, sell, set over and forever quitclaim unto the City of Dubuque, all the right,
title, interest, and claim which the United States of America, on this date has in the
following described tract or parcel of land located at 966 Liberty Street, Dubuque, Dubuque
County, Iowa, to wit:
Lot 1 of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 16, Lot 2 of Lot 2
of Lot 2 of Lot 1 of Lot 1 of Lot 16, Lot 2 of Lot 1 of Lot 2 of Lot
1 of Lot 1 of Lot 16, Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of
Lot 16 and Lot 2 of Lot 2 of Lot 16 in Clark's Subdivision in the
City of Dubuque, Iowa
TO HAVE AND TO HOLD, the said tract or parcel of land, together with the
appurtenances and privileges thereunto belonging or in anywise thereunto appertaining,
· unto the United States, its heirs, executors, administrators, successors, and assigns
forever.
AND FURTHERMORE, The United States of America does for itself, its heirs,
executors, administrators, successors and assigns, covenant with the said City of
Dubuque, its heirs, executors, administrators, successors and assigns that from and after
the ensealing of these presents the said United States of America, its heirs, executors,
administrators, successors or assigns will have and claim no right in, or to said quitclaimed
premises,
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 6th day of
August, 2001.
DENNIS H. BLOI~IE
United States Marshal
Northern District of Iowa
3
United States of America
Northern District of Iowa
I, James D. Hodges, Jr., Clerk of the District Court of the United States for the Northern
District of Iowa do hereby certify that Dennis H. Blome, United States Marshal for the
Northern District of Iowa, who is to me known to be the same person named in and who
executed the foregoing Marshals Quitclaim Deed, this day personally appeared before me
and acknowledged that he voluntarily executed the same as said United States Marshal,
and for the consideration expressed therein.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of said
District Court, at the City of Cedar Rapids, Iowa, in said District, this 6th day of August,
2001.
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