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
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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.
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Mic ael C. Van Milligen �� �
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
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THE CITY OF Dubuque
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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
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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:
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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
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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!
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