Old Mill Rd deeds for propertyWILLIAM G. BLUM, ESQ
CITY SOLICITOR, CITY OF DUBUQUE
MEMO
To: Honorable Mayor Terrance Duggan and
Members of the City Council
DATE: April 1, 2003
RE: Resolutions For Old Mill Road Property
Attached are three resolutions accepting deeds from property owners in the floodplain
on Old Mill Road. This is a FEMA project and the City is to be reimbursed most of the
costs involved in the acquisition. Closings were held on March 25 and March 31, 2003.
I recommend the City Council accept the attached deeds and authorize the City Clerk to
record them with the Dubuque County Recorder.
Attachment
cc: Michael Van Milligen, City Manager
Jeanne Schneider, City Clerk
SUITE 330, HARBOR VIEW P~,CE, 300 IRWIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 557-1310 / F~ (563) 583-1040 / EMAIL BBLUM~CITYOFDUBUQUE.ORG
Preparer: William G. Blum Address: 300 Main Street, Suite 330 Dubuque, IA 52001 Telephone:
563 557-1310
RESOLUTION NO. 101-03
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN THE CITY OF DUBUQUE,
IOWA FROM ROBERT AND VALORA TIMMONS
Whereas, the City of Dubuque entered into an Agreement on March 11,
2003 with Robert and Valora Timmons for the purchase of certain real property in
Dubuque County, Iowa, described as follows:
Lot I of Lot 1 of Lot 2 of Lot 1 of Mineral Lot 507 in Section 1, Table
Mound Township, in the City of Dubuque, Iowa, according to the
recorded plat thereof
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, Iowa, hereby; accepts the Deed from Robert and
Valora Timmons, a copy of which is attached hereto.
2. The City Clerk is hereby authorized and directed to record this Resolution
and the Deed with the Dubuque County Recorder.
Passed, approved and adopted this 7th day of April, 2003.
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
F:~USERS~
Prepared by William G. Blum 300 Main Street, suite 330 Dubuque, IA 52001
(563) 557-1310
CITY WARRANTY DEED
Send Tax Bill to: City of Dubuque, IA, 1300 Central, Dubuque, IA 52001
THIS INDENTLrRE, made t~s ky of March 200 3 , by and betw~n
Robert R. Tinm~ns and V~Lora K. Timmons, Husband and Wife
989 Tressa Street, Dubuque, IA 52003
hereafter referred to as GRANTOR, and thc City of
corporation, of the Comaty of... Dubuque
hereafter referred to as GRANTEE.
(property owner's full names and addresses)
Dubuque , a municipal
· in the State of Iowa
wrI'NESSETH:
WHEREAS, the Flood Disaster Protection Act of 1973, as amended by The Disaster Relief and Emergency
Assistance Act of 1988 (The Stafford Act), which identified the use of disaster ml~ef funds under Section 404
for the Hazard Mitigation Program (HMGP), including the acquisition and relocation of flood damaged
property; and
WHEREAS, The I4u~ Mitigation and Relocation Assistance Act of 1993 (The V01kmer Bill) further
expanded the use of HMGP funds under Section 404, to "BUYOUT" flood damaged property which was
damaged during ~he Great Flood of 1993; and
WI-IEREAS, Section 404 of the Act provides a process for a Community to make application for funding to be
used to purchase flood damaged, buildings, demolish and remove the buildings, and convert the land use into
perpetual open space; and ·
WHEREAS, The Federal Emergency Management .Agency provides the authority for a Community to
negotiate for the purchase of flood damaged real estate, and subsequent transfer to public ownership by the
Community, under Certain conditions as speei.fied in covenants and restrictions made pa~ of the Deed;
NOW, THEREFORE, the GRANTOR, for and in consideration of the sum of
$ .[ 113 t 399. O0 (purchase price), the
receipt whereof is hereby aelmowledged, does grant, bargain and soil, convey and confirm unto the said
GKANTEE and its assigns the following described real estate:
PROJECTNIIM~ER 1420-31-01 ,PARCELNJ3MBEK
All that tract or pm'eel of land lying and being situated within the City of Dubuque ~ in
the County of Dubuque , State of Iowa bounded and descn'bed by
the legal description that here follows.
Lot 1 of Lot 1 of Lot 2 of Lot 1 of Mineral Lot 507 i~ Section 1, '
Table Mound Township} in the City of Dubuque, Iowa, according to
the recorded plat thereof;
LEGAL DES CPdlWI~iON:
To have and to hold the property and said premises aforesaid with all and singular, the fights, privileges
appurtenances, and immunities ~her. eto belonging or any wise appertaining unto the City of
Dubuque , its heirs and assigns with all singular rights and privileges thereunto
belonging unto the said GRANTEE and its assigns.
This conveyance is expressly subject to rights outstanding in third parties 'for existing easements for public
roads and highways, public utilities, railroads, and pipelines.
The lands herein acquired are for the use of the City of Dubuque , State of
Iowa , and this conveyance is made upon the express conditions that:.
The premises shall remain in public ownership;
The premises shall only be used for purposes consistent with sound land management and use, as that
term is defined in Title 44, Code of Federal Regulations, Section 206, as it now appears or may
hereafter be emended;
The premises shall only be used for open space purposes;
The premises may be leased for agricultural uses, provided no buildings or structures are erected; and
There shall not be erected on the premises any structures or other improvements, unless such
structures (restrooms excepted) are open on all sides and are functionally related to open space USe.
The premises shall not be eligible for any future disaster assistance, for any purpose, from any Federal
agency.
Any breach or threatened breach of the above conditions may be enjoined upon application by the
United State of America_
The above conditions and restrictions, along with the right to enfome same are deemed to be covenants
nmning with the land and perpetuity and are binding on subsequent successors, grantees, or assigns.
EXCEPT as hereinabove mentioned, the said Grantors .. No Excep'cJ_ons
(property
owner's names), do for ourselves and our heirs, executors, and assigns covenant that they are seized in fee
simple of the premises; that the said Grantee shall have quiet and peaceful possession of the same free and
clear from any and all encumbrances; that we have good right to sell and convey the property; that we will and
our heirs, executors, and assigns forever defend against the lawful claims of all persons whatsoever, and that
they will execute such further assurances of said laud as may be requisite.
In witness WHEREOF, the said Cxrantors have hereto set their hand and seal on this
the ~S day of March ,200_3_.
Witness Grantor(name) Robert R. Timmons
Witness
State of: Iowa
County of: Dubuque
Grantor (name) VaLOra K. TinanOns
(seal)
(seal)
On this ~C- day of March ,200.3 , before me personally appeared
Ro]3ert: R. T~lllrnong and VaT,nra lf. ~P~r, nn~; ~h~nd ~nc] W'~f_.9
(proper~ owner's full names), to me
known to be the persons described herein, and who executed the foregoing instrument and acknowledged that
they executed the same as their free act and deed.
In TESTIMONY whereof I have hereunto set my hand and affixed my official seal at my office in said City,
County and state the day and year above written.
William G. Blum
My commission expires: 06/03/03
(date)
couu,ss,o #
MY COMMI,. I XPIt .$
Return this document to: William. G. Blum 300 Main Street, Suite 330
' Dubuque, IA 52001
This document was draRed by the Federal Emergency Management Agency (FEMA
Preparer: William G. Blum Address: 300 Main Street, Suite 330 Dubuque, IA 52001 Telephone:
563 557-1310
RESOLUTION NO. 102-03
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN THE CITY OF DUBUQUE,
IOWA FROM WAYNE L. LAUFENBERG SR. TRUST
Whereas, the City of Dubuque entered into an Agreement on March 11,
2003 with Wayne L. Laufenberg Sr. Trust for the purchase of certain real property
in Dubuque County, Iowa, described as follows:
Lot 2 of Lot 1 of Lot 2 of Lot I of Lot I of Lot 2 of Lot 1 of Lot 4, and
Lot I of Lot I of Lot 2 of Lot 1 of Lot 2 of Lot I of Lot 4, of Mineral Lot
501, in the City of Dubuque, Iowa, according to the recorded plat
thereof, subject to easements of record.
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:
1. The City of Dubuque, Iowa, hereby accepts the Deed from Wayne L.
Laufenberg Sr. Trust, a copy of which is attached hereto.
2. The City Clerk is hereby authorized and directed to record this
Resolution and the Deed with the Dubuque County Recorder.
Passed, approved and adopted this 7th day of April, 2003.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Prepared by William G. Blum 300 Main Street, Suite 330 DubuqUe', IA 52001
(563) 557-1310
CITY WARRANTY DEED
Send Tax Bill to: City of Dubuque, IAi 1300 Centralt DubuqUe, IA 52001
THIS INDENTURE, made this day of March , 2003 , by and between
Wayne L. Laufenber? .qr. Tmm~ By Wa_vn~ r,~ r,nnf~nl~w~. ~m~.stee,
1699 Old M~ I1 ~_; r~l~,jfin~le: IA ~P0O,~ ~'
(propelty owner's full names and addresses)
here~er referred to as GRANTOR, and the City of Dubucrae a municipal
corporation, of the County of Dubuqua , in the State of Iowa
hereat~er referred to as GRANrEE.
WlTNESSETH:
WI-IEKEAS, lite Flood Disaster Protection Act of 1973, as amended by The Disaster Relief and Emergency
Assistance Act of t988 fl'he Stafford Act), which identified the use of disaster relief funds under Section 404
for the Hazard Mitigation Program (HIvlGP), including the acquisition and relocation of flood damaged
property; and
WHEREAS, The Hazard Mitigation and Relocation Assistance Act of 1993 Cf~e V01kmer Bill) further
expanded the use of HMGP funds under Section 404, to "BUYOUT" flood damaged property which was
damaged during ~he Great Flood of 1993; and
WI-IEREAS, Section 404 of the Act provides a process for a Community to make application for funding to be
used to purchase flood damaged buildings, demolish and remove the buildings, and convert the land use into
perpetual open space; and
WI-IEREAS, The Federal Emergency Management Agency provides the authority for a Community to
negotiate for the pm'chase of flood damaged real estate, and subsequent transfer to public ownership by the
Community, under eemin conditions as specified in covenants and restrictions made part of the Deed;
NOW, THEREFORE, the GRANTOR, for ~d in consideration of the sum of
$ ' 61,875.00 (purchase price), the
receipt whereof is hereby aelmowledgad, does grant, bargain and sell, convey and confirm unto the said
GRANTliE and its assigns the following described real estate:
PROJECT NUMBER 1420-~1-0] , PARCEL NUMBER
All ttmt tract or parcel of land lying and being situated within the City of Dubuque in
the County of Dubuque , State of Iowa · bounded and described by
the legal description that here follows.
Lot 2 of Lot 1 of Lot 2 of Lot l'of Lot 1 of Lot 2 of Lot 1 of Lot 4, and
Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 2 of Lot 1 of Lot 4, of Minera1
i L~t 501~ ill :the City of DctbtKtue, IOWa, according to the recorded plat
thereof, subject to easement of record.
LEGAL DESCREPTION:
To have and to hold the property and said premises aforesaid with all and singular, the fights, pdvkteges
appurtenances, and immunities thereto belonging or any wise appertaining unto the City of
Dubuque , ~ts heirs and assigns with all singular tights and privileges thereunto
belonging unto the said GRANTEE and its assigns.
This conveyance is expressly subject to rights outstanding in third parties for existing easements for public
roads and highways, public utilities, railroads, and pipelines.
The lands herein acquired are for the use of the City of ' Dubucrae
Iowa
and this conveyance is made upon the express conditions that:
. State of
The'premises shall remain in public ownership;
The premises shall only be used for purposes consistent with sound land management and use, ss 'that
term is defined in Title 44, Code of Federal Kagaiations, Section 206, as it now appears or may
hereafter be amended;
3. The premises shall only be used for open space purposes;
The premises may be leased for agricultural uses, provided no buildings or structures are erected; and
There shall not be erected on the premises any structures or other improvements, unless such
structures (restrooms excepted) are open on all sides and are functionally related to open space use.
The prennses ~hall not be eligible for any future disaster assistance, for any purpose, from any Federal
agency. .
Any breach or threatened breach of the above conditions may be e~joined upon application by the
United S~-*e of America.
The above conditions and restrictions, along with the right to enforce same are deemed to be covenants
running with the land and perpetuity and are binding on subsequent successors, grantees, or assigns.
EXCEPT as hereiuabove mentioned, the said Grantors h~a_xrna L. Lanfanl~mj .qr. rr~-
(property
owner's names), do for ourselves and our heirs, executors, and assigns covenant that they are seized in fee
simple of the premises; that the said Grantee shall have quiet and peaceful possession of the same free and
clear from any and all encumbrances; that we have good right to sell and convey the propert~ that we will and
our heirs, executors, and assigns forever defend against the lawful claims of all persons whatsoever, and that
they will execute such further assurances of said land as may be requisite.
.In witness WHEREOF, the said Grantors have hereto set their hand and seal on this
the ~'-- day of ~Trch ,200--3. Wayne L. Laufenberg Sr. Trust
Wimess
Witness
Grantor(name) Wayne L. Laufenbe~g
Trustee (seal)
Grantor (name)
State of: Iowa
Coun~ of: Dubuque
On this 2 ~ day of March _, 20~0 3_~ before me.personally appeared
Wayne L. Laufenberg, Trustee of the Wayne L. ,.aurenDerg ~r. Trust
(property owner's full names), to me
known to be the persons described herein, and who executed the foregoing insmunent and acknowledged that
they executed the same as their free act and deed.
In TESTIMONY whereof I have hereunto set my hand and aff'nxed my official seal at my office in said City~
County and State the day and year above wrilten.
William G. Bl%~a
My commission expires: 06/03/03
(dat )
WILLIAM O. BLUM
COMMISSION # 190485
tdY COIvll~lSSllT~l EXPIRES
Keturnthisdocumcntto: William G. Blare 300 Main Street, Suite 330
Dubuque, .IA 52001
This document was drafted by the Federal Emergency Management Agency (FEMA)
Preparer: William G. Blum Address: 300 Main Street, Suite 330 Dubuque, IA 52001 Telephone:
563 557-1310
RESOLUTION NO. 103-03
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN THE CITY OF DUBUQUE,
IOWA FROM MICHAEL J. MCDERMOTT AND BARBARA J. MCDERMOTT
Whereas, the City of Dubuque entered into an Agreement on March 11,
2003 with Michael J. McDermott And Barbara J. McDermott for the purchase of
certain real property in Dubuque County, Iowa, described as follows:
Lot 2 of "PAPKE PLACE", Lot 2 of lot I of lot 2 of lot I of lot 2 of lot 1
of lot 4 of Mineral Lot 501, Lot I of lot 1 of lot 2 of lot 1 of lot I of lot 2
of lot 1 of lot 4 of Mineral Lot 501, and, Lot 2 of lot 1 of lot I of lot 1 of
lot 1 of lot 2 of lot I of lot 4 of Mineral Lot 501, in the City of Dubuque,
Iowa, according to the respective recorded Plats thereof. Subject to
easements of record.
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:
The City of Dubuque, Iowa, hereby accepts the Deed from Michael J.
McDermott and Barbara J. McDermott, a copy of which is attached
hereto.
2. The City Clerk is hereby authorized and directed to record this
Resolution and the Deed with the Dubuque County Recorder.
Passed, approved and adopted this 7th day of April, 2003.
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
F:~USERS~.
Prepared by Williara G. Blum 300 Main Street, ~te 330 Dubuque, IA 52001
(563) 557-1310 CIT~ WARRANTY DEED
THIS INDENt, made this --~ f day of March , 2003 . by and between
M~chael J. McDermott,. diVOrced and not remarried, 782 Calodon~a~
Dubuque, /A 52001 and Barbara J. McDermott, divorced and not r~msrried.
553 1/2 W. Locust, Dubuque, IA 52001 (property owner's full names and addresses)
hereafter referred to as GRA2qTOR, and the City of Dubuque ~ a municipal
corporation, of the County of Dubuque , in the State of Iowa
hereafter referred to as GRANTEE.
VViTNESSETH:
WIiERJEAS, the Flood Disaster Protection Act of 1973, as mended by The IMsaster Relief and Emergency
Assistance Act of 1988 (The Stafford Act), which identified the use of disaster relief funds under Section 404
for the Ha?~rd Mitigation Program CI-IMGP), including the acquisition and relocation of flood damaged
property;, and '
WHEREAS, The Hazard IVfitigation and Relocation Assistance Act of 1993. Cb'he V01kmer Bill) further
expanded the use of IIMGP funds under Section 404, to '"BUYOUT~ flood damaged property which was
damaged during the Ch'eat Flood of 1993; and
WHEREAS, Section 404 of the Act provides a process for a Community to make application for funding to be
used to purchase flood damaged' buildings, demolish and remove the buildings, and COnvert the land use into
perpetual open space; and
WHEREAS, The Federal Emergency Management Agency provides the authorky for a Commaunity to
negotiate for the purchase of flood damaged real estate, and subsequent transfer to public ownership by the
Community, under 6ertain conditions as specified in covenants and restrictions made part of the Deed;
NOW, THEREFORE, the GRANTOR, for and in consideration of the sum of
$ 48:5p] .O0 _(purchase price), the
receipt whereof is hereby aelmowledged, does grant, bargain and' sell, convey and confirm unto the said
GRAN~E and its assigns the following described real estate:
PRO3ECTNUMBER 1420-31-01 , PARCEL NUMBER
All that tract or parcel of land lying and berg situated Mthin the City of
the County of Dubuque , State of Iowa
the legal description that here follows.
Lot 2 of "PAPKE L~LACE''
Lot 2 of lot 1 of lot 2 of lot 1 of lot 2 of lot 1 of lot 4 of Mineral
Lot 501,
Lot 1 of lot 1 of lot 2 of lot 1 of lot 1 of lot 2 of lot ~ of lot 4 of
Mineral Lot 501, and,
Lot 2 of lot 1 of lot 1 of log 1 of. lot 1 of lot 2 of lot 1 of lot 4 of
Mineral Lot 501, ·
in the City of Dubuque, Iowa, according to the respective recorded Plats
thereof. Subject to easeraents of record.
Dubuque
, in
, bounded and desctibed by
LEGAL DESCRJPTION:
To have and to hold the property and said premises aforesa/d with all and singular, the fights, privileges
appurtenances, and immunities ~ereto belonging or any wise appertaining unto the City of
_ Dubuque , its heirs and assigns with all singular rights and privileges thereunto
belonging unto the said GRANTEE and its assigns.
This conveyance is expressly subject to tights outstanding in third parties 'for ex/sting easements for public
roads and highways, public utilities, railroads, and pipelines.
The lands herein acquired are for the use of the City of Dubuque
Iowa , and this conveyance is made UpOn the express conditions that:
State of
The premises shall remain in public ownership;
The premises shall only be used for purposes consistent with sound land management and use, as that
term is defined in Title 44, Code of Federal Regulations, Section 206, as it now appears or may
hereafter be amended;
3. The premises shall only be used for open space purposes;
The premises may be leased for agricultural uses, provided no buildings or structnres are erected; and
There shall not be erected on the premises any structures or other improvements, unless such
strum (restrooms excepted) are open on alt sides and are fundtionally related to open space use.
The premises ?hall not be eligible for any future disaster assistance, for any purpose, from any Federal
agency.
Any breach or thre~teaed breach of the above conditions may be enJdinod upon application by the
United State of America.
The above conditions and restrictions, along with the right to enforce same are deemed to be covenants
running with the land and perpetuity and are binding on subsequent successors, grantees, or assigns.
EXCEPT as hereinabove mentioned, the said Grantors Michael J. McDermott and Barbara J. McD~tt
(property
owner's names), do for ourselves and our heirs, executors, and assigns covenant that they are seized in fee
simple of the premises; that the said Grantee shall have quiet add peaceful possession of the same free and
clear from any and all encumbrances; that we have good right to sell and convey the pmpe~, that we will and
our heirs, executors, and assigns for~ver defend against the lawful claims of all persons whatsoever, and that
they will execute such further assurances of said land as may be requisite.
In wimess WHEREOF, the said Grantors have hereto set their hand and seal on this
the ~ ( day of March ,2003 .
Wimess tWa~ortname) ~c~el J. 3{cDermott
(seal)
State of: Iowa
County of: Dubu_c/ue
On this 3 [ day of lv~cl~ ,200 3__, before me personally appeared
Michael J. McDermott and Barbara J. McDermott
(property owner's full names), to me
known to be the persons described herein, and who executed the foregoing instrument and acknowledged that
they executed the same as their flee act and deed.
In TESTIMONY whereofI have hereunto set my hand and affixed my official seal at my office in said City,
County and Slate the day and year above written.
William G. Blum
My commission expkes: 06/03/03
(date)
~ ~, ~ WILLIAM G. BLUM
COMMISSION # 190485
MY COMMI$,~ION E~PIRES
I 66/03/03
RetumItfisdocumentto: William G. Blum 300 MainlStreet, Suite 330
Dubuque, LA 52001
This document was drafted by the Federal Emergency Management Agency (FEMA)