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Acceptance of Property at 686-688 University Avenue, Dement Copyrighted August 20, 2018 City of Dubuque Consent Items # 8. ITEM TITLE: Acceptance of Property at 686-688 UniversityAvenue SUMMARY: City Manager recommending approval of a resolution accepting a Quit Claim Deed and Affidavit of Surviving Spouse for property at 686-688 University Avenue. RESOLUTION Approving the acquisition of real estate owned by Deane C. and Manolita C. Dement, in the City of Dubuque, lowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type 686-688 University Avenue-NNM Memo City Manager Memo Staff Memo Staff Memo Resolution Accepting Deed Resolutions Quit Claim Deed Supporting Documentation Affidavit of Surviving Spouse Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: 686-688 University Avenue DATE: August 13, 2018 Pursuant to a court order the City of Dubuque had the property owned by Deane and Manolita Dement at 686-688 University Avenue deconstructed several years ago and the cost was assessed to the properties. Since that time, the City has been periodically cutting the grass and removing snow and ice at the properties. Assessments have been filed for the grass cutting and snow/ice removal as well. In addition to the assessments, the City Housing and Community Development Department is owed $4,500 by way of a loan. The current liability to the property owner for 686-688 University is $28,076.25 between assessments and the loan. This is much more than the lots are worth. The City contacted Mrs. Dement to consider giving the City a quit claim deed for the properties, so the properties can be offered to the neighbors for yard space. City staff explored the possibility of constructing a new home on the property but due to the location and odd lot size it is not feasible. City Attorney Crenna Brumwell recommends the City Council approve a resolution accepting a Quit Claim Deed and Affidavit of Surviving Spouse from Mrs. Dement. In exchange for a Quit Claim Deed, the City will waive the assessments against the properties and the loan will be released. Mrs. Dement would no longer be responsible for the outstanding balances owed to the City. I concur with the recommendation and respectfully request Mayor and City Council approval. �� �� ��� Mic ael C. Van Milligen �� � MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager 2 THE CITY OF Dubuque �" ui���neoc�ry DUB E '�II�;' Masterpiece on the Mississippi �°°'��°'� 2013 2017 CRENNA M . BRUMWELL , ESQ. CITY ATTORNEY To: Michael C. Van Milligen City Manager Dare: August 13, 2018 Re: 686-688 UniversityAvenue Pursuant to a court order the City of Dubuque had the property owned by Deane and Manolita Dement at 686-688 University Avenue deconstructed several years ago and the cost was assessed to the properties. Since that time, the City has been periodically cutting the grass and removing snow and ice at the properties. Assessments have been filed for the grass cutting and snow/ice removal as well. In addition to the assessments, the City Housing and Community Development Department is owed $4,500 by way of a loan. The current liability to the property owner for 686-688 University is $28,076.25 between assessments and the loan. This is much more than the lots are worth. The City contacted Mrs. Dement to consider giving the City a quitclaim deed for the properties, so the properties can be offered to the neighbors for yard space. City staff explored the possibility of constructing a new home on the property but due to the location and odd lot size it is not feasible. In exchange for a quitclaim deed the City will waive the assessments against the properties and the loan will be released. Mrs. Dement would no longer be responsible for the outstanding balances owed to the City. Attached is a resolution accepting the quitclaim deed, the quitclaim deed, and an affidavit of surviving spouse signed by Mrs. Dement. Upon acceptance of the deed by the City Council the documents will be recorded and the City will take ownership. Please let me know if you have questions. Thank you. cc: David Johnson, Building Services Manager Alexis Steger, Acting Housing & Community Development Director Kris Neyen, Rehabilitation Specialist OFFICE OF THE CITYATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563)589-4381 /Fnx (563)583-1040/Ennni� cbrumwel@cityofdubuque.org Prepared by Crenna Brumwell. Esq., 300 Main St., Ste. 330, Dubuque IA 52001-6944, 563-583-4113 Return to Kevin Firnstahl, City Clerk, 50 W. 13th St., Dubuque, IA 52001, 563-589-4100 RESOLUTION NO. 240-18 RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY DEANE C. AND MANOLITA C. DEMENT, IN THE CITY OF DUBUQUE Whereas, Deane and Manolita Dement (the Owners) of certain real estate legally described as: Lot 1-1-1-10 Kellys Subdivision, Lot 2-1-1-10 Kellys Subdivision, and Lot 2-1-11 of Kellys Subdivision in the City of Dubuque (the Property) have agreed to deed the Property to the City of Dubuque; Whereas, pursuant to a court order the City of Dubuque had the Property deconstructed several years ago and the cost was assessed to the Property; Whereas, since that time, the City has been periodically cutting the grass and removing snow and ice at the Property and assessments have been filed for the grass cutting and snow/ice removal; Whereas, in addition to the assessments, the City Housing and Community Development Department is owed $4,500 by way of a loan; Whereas, the current liability to the Owners for the Property is $28,076.25 between assessments and the loan; Whereas, the City contacted the Owners to consider giving the City a quit claim deed for the Property so the Property can be offered to the neighbors for yard space; and tnihereac in exchange for a quit claim deed the City will the assessments against the Property and the loan will be released. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, through its City Attorney, be and is hereby authorized to accept a quit claim deed from the Owners, conveying the Owners' interest to the City of Dubuque, Iowa for the herein described real estate. Section 2. That the City Clerk be and is hereby authorized and directed to cause said quit claim deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Passed, approved and adopted this 20th day of August 2, 18. Attest: Kevi S. Firnstahl, ityClerk )04 Roy D. Buol, Mayor 1111 II e iii 11 1111 11 11 11 Doc ID: 008874730002 Type GEN Kind: AFFIDAVIT OF SURVIVING SPOUSE Recorded: 08/24/2018 at 02:40:22 PM Fee Amt: $17.00 Page 1 of 2 Dubuque County Iowa John Murphy Recorder File2018-00009861 AFFIDAVIT OF SURVIVING SPOUSE FOR CHANGE OF TITLE TO REAL ESTATE Recorder's Cover Sheet Preparer Information: (name, address and phone number) Crenna Brumwell, 300 Main Street, Suite 330, Dubuque, IA 52001, Phone: (563) 589-4381 Taxpayer Information: (name and complete address) City of Dubuque, 50 W. 13x1 Street, Dubuque, IA 52001 Return Document To: (name and complete address) City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 Grantors: Deane C. Dement Grantees: Manolita Dement Legal Description: 686-688 University Avenue, Dubuque, IA 52001 Document or instrument number of previously recorded documents: Svc a , 6 C ►� bQ I oc7 `1 Clerk AFFIDAVIT OF SURVIVING SPOUSE FOR CHANGE OF TITLE TO REAL ESTATE STATE OF IOWA, COUNTY OF DUBUQUE, ss: I, Manolita Dement, being first duly sworn on oath, depose and state as follows: 1. I am the surviving spouse of Deane C. Dement, who died on April 13, 1991. 2. The following described real estate was owned only by Deane C. Dement and this Affiant, as joint tenants with full rights of survivorship at the time of Deane C. Dement's death: Lot 1-1-1-10 Kellys Subdivision Lot 2-1-1-10 Kellys Subdivision Lot 2-1-11 Kellys Subdivision 3. Title was conveyed to the surviving spouse and the decedent by instrument filed on March 15, 1976, with reference number of 2117-76. 4. I hereby request that the auditor enter this information on the transfer books pursuant to Section 558.66 of the Iowa Code. 5. Foim706, United States Estate Tax return, IS NOT required to be filed as a result of the death of the Decedent. 6. An Iowa inheritance tax return is not required to be filed pursuant to Iowa Code Section 450.22 subsection 3. Ip G� c .� Manolita Dement Signed and sworn to (or affirmed) before me on the by Manolita Dement. TRACEY L. STECKLEN Commission Number 716018 My Comm. Exp. 41-11.2D day of Auto.aS'f , 2018, Signature of No 1.,.STA,etithrA y Public 11 11 I 11 11 11 11 11 11 Doc ID. 008874740005 Type GEN Kind: DEED WITH RESOLUTION Recorded: 08/24/2018 at 02:40:53 PM Fee Amt: $32.00 Page 1 of 5 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder F11e2018-00009862 QUIT CLAIM DEED Recorder's Cover Sheet Preparer Information: (name, address and phone number) Crenna Brumwell, 300 Main Street, Suite 330, Dubuque, IA 52001, Phone: (563) 589- 4381 Taxpayer Information: (name and complete address) City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 Return Document To: (name and complete address) City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 Grantors: Manolita Dement Grantees: City of Dubuque Legal Description: Lot 1-1-1-10 Kellys Subdivision Lot 2-1-1-10 Kellys Subdivision Lot 2-1-11 Kellys Subdivision Locally known as 686-688 University Avenue, Dubuque, IA 52001 Document or instrument number of previously recorded documents: 00 C1crk 2-� QUIT CLAIM DEED For the consideration of One Dollar(s) and other valuable consideration, Manolita Dement, widowed and not remarried, does hereby Quit Claim to City of Dubuque, a municipal corporation all her right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa: Lot 1-1-1-10 Kellys Subdivision Lot 2-1-1-10 Kellys Subdivision Lot 2-1-11 Kellys Subdivision This deed is exempt according to Iowa Code 428A.2(6). 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 as masculine or feminine gender, according to the context. Dated: /'1IA, i,L9 7 , (1b)73 iiiiez.rieddeZ" it6L)..epid Manolita Dement (Grantor) (This form of acknowledgment for individual grantor(s) only) STATE OF IOWA, COUNTY OF DUBUQUE This record was acknowledged before me on the 1411 day of AMU, Si , 2018 by Ynfl]UU/11A btitehri TRACEY L. STECKLEfr4 Commission Number 716018 My Comm. Exp. 44)40 AAAL , Signature of tart' Public Prepared by Crenna Brumwell. Esq., 300 Main St., Ste. 330, Dubuque IA 52001-6944, 563-583-4113 Return to Kevin Firnstahl, City Clerk, 50 W. 13th St., Dubuque, IA 52001, 563-589-4100 RESOLUTION NO. 240-18 RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY DEANE C. AND MANOLITA C. DEMENT, IN THE CITY OF DUBUQUE Whereas, Deane and Manolita Dement (the Owners) of certain real estate legally described as: Lot 1-1-1-10 Kellys Subdivision, Lot 2-1-1-10 Kellys Subdivision, and Lot 2-1-11 of Kellys Subdivision in the City of Dubuque (the Property) have agreed to deed the Property to the City of Dubuque; Whereas, pursuant to a court order the City of Dubuque had the Property deconstructed several years ago and the cost was assessed to the Property; Whereas, since that time, the City has been periodically cutting the grass and removing snow and ice at the Property and assessments have been filed for the grass cutting and snow/ice removal; Whereas, in addition to the assessments, the City Housing and Community Development Department is owed $4,500 by way of a loan; Whereas, the current liability to the Owners for the Property is $28,076.25 between assessments and the loan; Whereas, the City contacted the Owners to consider giving the City a quit claim deed for the Property so the Property can be offered to the neighbors for yard space; and \Afhereas, in exchange for a quit claim deed the City will waive the assessments against the Property and the loan will be released. 'NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OE THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, through its City Attorney, be and is hereby authorized to accept a quit claim deed from the Owners, conveying the Owners' interest to the City of Dubuque, Iowa for the herein described real estate. Section 2. That the City Clerk be and is hereby authorized and directed to cause said quit claim deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Passed, approved and adopted this 20th day of August 2518. Ay 0 Roy D. Buol, Mayor Attest: Kevi S. Firnstahlqty Clerk CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 240-18 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 21st day of August, 2018. Dubuque County Iowa John Murphy Recorder 720 Central Ave. Dubuque, IA 52001 Phone Number: (563)589-4434 Official Receipt: 2018-00006968 Reprinted on 09/02/2018 at 11:16:07 AM 13E63 on DCRO2 DUBUQUE CITY CLERK CITY HALL 50 WEST 13TH STREET DUBUQUE IA 52001 Date Recorded: 08/24/2018 Ipstriament ID Recorded Time Amount 2018-00009861 02:40:22 PM $17,00 DDA - AFFIDAVIT OF SURVIVING SPOUSE DEMENT, DEANE C ESTATE TO:DEMENT, MANOLITA Accounts Amount AUDITOR $5.00 RECORD MANAGEMENT $1,00 TECH FEE $1,00 REAL ESTATE $10,00 NON -CONFORMING FEE $0,00 2018-00009862 02:40:53 PM $32.00 DDWR - DEED WITH RESOLUTION DEMENT, MANOLITA TO:DUBUQUE CITY Accolote Amount RECORD MANAGEMENT $1.00 TECH FEE $1.00 REAL ESTATE $25,00 AUDITOR $5,00 COUNTY TRANSFER TAX $0.00 STATE TRANSFER TAX $0.00 NON -CONFORMING FEE $0,00 Taxes Amount COUNTY TRANSFER TAX $0,00 STATE TRANSFER TAX $0.00 Total Due: $49,00 Amount Charged: $49,00 Change Tendered: $0,00 HAVE A NICE DAY! WWW.DUBUQUECOUNTY.ORG