McDonough Estate_Dispostion of PropertyMasterpiece on the Mississippi
BARRY LINDAHL
CITY ATTORNEY
MEMORANDUM
10
To: Mayor Roy D. Buol and
Members of the City Council
DATE: March 25, 2010
RE: John J. McDonough, Sr. Estate
Enclosed is a copy of a letter from Attorney Mark J. Willging who represents the John J.
McDonough Sr. Estate.
In 2006, the City conveyed by Quit Claim Deed certain property to Mr. McDonough and
his wife. The property was one -half of a portion of Barry Street which had been vacated
by City Council Resolution No. 260 -06.
Prior to the time the deed was recorded, Mrs. McDonough died. As a result, the Quit
Claim Deed is inoperative.
Attorney Willging is requesting that the City provide a new Quit Claim Deed for the
vacated street to the residual devisees of John J. McDonough Sr. under his last will and
testament.
I recommend that the City Council authorize the execution and delivery of the attached
Quit Claim Deed to the John J. McDonough, Sr. Estate.
BAL:tls
Enclosure
cc: Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer
Ron Turner, Surveyor
Mark Willging, Esq.
F:\ USERS \tsteckle \Lindahl\ Memos \MayorCouncil_JohnJMcDonoug hSrEstate_032510.doc
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944
TELEPHONE (563) 583 -4113 / FAx (563) 583 -1040 / EMAIL balesq @cityofdubuque.org
STEPHEN J. JUERGENS
ROBERT L. SUDMEIER
DOUGLAS M. HENRY
MARK J. WILLGING
A. THEODORE HUINKER
DANITA L. GRANT
WILLIAM N. TOOMEY
JENNY L. HARRIS f
JASON D. LEHMAN
JASON L. COMISKY
ALL ATTORNEYS LICENSED IN IOWA
* ALSO LICENSED IN WISCONSIN
tALSO ALSO LICENSED IN ILLINOIS
Mr. Barry A. Lindahl
300 Main Street
Harbor View Place Ste. 330
Dubuque, IA 52001
Dear Barry:
Law Offices Of
FUERSTE, CAREW, JUERGENS & SUDMEIER, P.C.
200 SECURITY BUILDING
151 WEST 8TH STREET
DUBUQUE, IOWA 52001 -6832
March 22, 2010
Re: John J. McDonough, Sr. Estate
WILLIAM C. FUERSTE
ALLAN J. CAREW
(RETIRED)
TELEPHONE:
(563) 556 -4011
TELECOPIER:
(563) 556-7134
E -MAIL:
MAILAFUERSTELAW.COM
WRITER'S DIRECT
E -MAIL ADDRESS
MWILLGINGWUERSTELAW. COM
We represent the estate of John J. McDonough, Sr., who died on January 27, 2010.
At the time of his death Mr. McDonough owned a residence at 2459 Roosevelt Avenue
in Dubuque. By quit claim deed dated June 19, 2006, (copy enclosed) the City of
Dubuque conveyed to Mr. McDonough and his wife, Frances M. McDonough, one -half
of a portion of Barry Street which was vacated. (Copy of Resolution No. 260 -06 is
enclosed.)
The problem we have in administering Mr. McDonough's estate is that at the time
the deed was dated and recorded Frances M. McDonough was deceased, having died on
December 27, 2005. Under these circumstances it appears that the deed, at least as to
Frances McDonough, is inoperative. (See Sections 336 and 337 of Patton on Titles
enclosed.)
John J. McDonough's estate is presently being administered. His daughter, Linda
M. Becker, is the executor. I think this matter can be cleared up if the City would give
a new quit claim deed for the vacated alley to the residual devisees under the John J.
McDonough, Sr.'s last will and testament, namely: Linda M. Becker, David J.
McDonough, Gary J. McDonough, John J. McDonough, Jr., and Dennis A. McDonough.
FUERSTE, CAREW, JUERGENS & SUDMEIER, P.C.
March 22, 2010
Page 2
My first inclination was to request the City to provide a correction quit claim deed
conveying the subject property to John J. McDonough, rather than John J. and Frances
McDonough, but I do not believe that a "correction" quit claim deed relates back to the
original deed, and therefore, any "correction" quit claim deed given at this time would
also be to a deceased person. Clearly that would only compound the problem.
Barry, I have enclosed a new quit claim deed for your consideration.
Very truly yours,
FUERSTE, CAREW,
JUERGENS & SUDMEIER, P.C.
MJW/kd
enclosures
cc: Linda M. Becker
Prepared by: Ronald J. Tumer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563)589 -4270
Retum to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589 -4270
RESOLUTION NO. 260 -06
RESOLUTION VACATING AND DISPOSING OF CITY INTEREST IN
THE NORTHWESTERLY ONE -HALF OF BARRY STREET AND THE
SOUTHEASTERLY ONE -HALF OF BARRY STREET IN BARRY SUBDIVISION
NO. 2 1N THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, pursuant to resolution and published notice of time and place of
hearing, published in the Telegraph Herald, a newspaper of general circulation
published in the City of Dubuque, Iowa on this 9 th day of June , 2006,
the City Council of the City of Dubuque, Iowa met on the 19th day of
June , 2006, at 6:30 p.m. in the Public Library Auditorium, 360 West 11
Street, Dubuque, Dubuque County, Iowa to consider the vacating and disposal
for the sale of real estate described as:
The Northwesterly One -Half of Barry Street and the Southeasterly One -
Haif of Barry Street all in Barry Subdivision No. 2 in the City of Dubuque,
Dubuque County, Iowa
Whereas, the City Council of the City of Dubuque, Iowa overruled any and
all objections, oral or written to the proposal to vacate and dispose of the interest
of the City of Dubuque, Iowa, except for easements shown on said Plat of Survey
of Barry Subdivision No. 2, in the hereinabove described real estate.
Whereas, the City Council of the City of Dubuque, Iowa has determined
that a portion of Barry Street from Roosevelt Street northeasterly to a public alley
in Barry Subdivision No. 2 is no longer required for public use, and vacating of
said portion of Barry Street from Roosevelt Street northeasterly to a public alley
in Barry Subdivision No. 2, known as the Northwesterly One -Half of Barry Street
in Barry Subdivision No. 2 and the Southeasterly One -Half of Barry Street in
Barry Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa, should
be approved.
Book . Paae . File Number 2007- 00003523
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the real estate described as the Northwesterly One -Half
of Barry Street in Barry Subdivision No. 2 and the Southeasterly One -Half of
Barry Street in Barry Subdivision No. 2 in the City of Dubuque, Dubuque County,
Iowa, be and the same is hereby vacated.
Section 2. That the disposal of the interest of the City of Dubuque,
Dubuque County, Iowa, in the real property described as the Northwesterly One -
Half of Barry Street in Barry Subdivision No. 2 in the City of Dubuque, Dubuque
County, Iowa to the John J. and Frances M. McDonough be and the same is
hereby approved for the sum of $400.00. Conveyance shall be by Quit Claim
Deed.
Section 3. That the disposal of the interest of the City of Dubuque,
Dubuque County, Iowa, in the real property described as the Southeasterly One -
Half of Barry Street in Barry Subdivision No. 2 in the City of Dubuque, Dubuque
County, Iowa to the David O. Neyens be and the same is hereby approved for
the sum of $400.00. Conveyance shall be by Quit Claim Deed.
Section 4. That the Mayor be authorized and directed to execute a Quit
Claim Deed, and the City Clerk be and is hereby authorized and directed to
deliver said deed of conveyance to the above named grantees upon receipt of
the approved sum in full.
Section 5. That the City Clerk be and is hereby authorized and directed
to record a certified copy of this resolution in the offices of the City Assessor,
Dubuque County Recorder and Dubuque County Auditor.
2006.
Atte
Passed, approved and adopted this 19th day ofd June
anne F. Schneider, CMC, City Clerk
Roy D. Buol, Mayor
Book . Pave . File Number 2007 - 00003523
CERTIFICATE OF CITY CLERK
STATE OF IOWA )
COUNTY OF DUBUQUE )
I, Jeanne F. Schneider, do hereby certify that I am the duly appointed, qualified, and
acting Clerk of the City of Dubuque, Iowa in the County aforesaid, and as such 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, 260 -06 is a correct
copy of the original Resolution No. 260 -06 approved and adopted by the City Council
of the City of Dubuque, Iowa, at a session held by said Council on the 19 day of June,
2006.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa on this 26 day of July, 2006.
62 1:b
Jeanne F. Schneider, CMC
City Clerk
Book . Paae File Number 2007 - 00003523
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589 -4270
Address Tax Statement: John J. and Frances M. McDonough, 1680 Garfield, Apt. 1B, Dubuque, IA 52001
QUIT CLAIM DEED
I muIaN I
Recorded: 03 /13/2007 0 at 07 PM
Fee Amt: $32.00 Page 1 of 5
Revenue Tax: $0.00
KathyuFlynnnThurlow Recorder
F11•2007_00003523
The City of Dubuque, Iowa, a municipal corporation of Dubuque County, Iowa, for Three Hundred
and 00/100 Dollars ($300.00) and other good and valuable consideration, does hereby Quit Claim
unto:
John J. and Frances M. McDonough
1680 Garfield, Apt. 1B
Dubuque, IA 52001
all its rights, title, and interest in the following described real estate situated in Dubuque County,
Iowa, to wit:
Northwesterly One -Half of Barry Street, Barry Subdivision No. 2, in the City of Dubuque,
Dubuque County, Iowa
The City reserves unto itself a perpetual easement including the right of ingress and egress
thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing, owning,
operating, and maintaining water, sewer, drainage, gas, telephone, television cable, fiber optics,
and electric lines as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of
Survey of Barry Subdivision No. 2.
No declaration of value is required according to Iowa Code Section 428A.1.
Deeds with a consideration of $500.00 or Tess are exempt from transfer tax. Iowa Code Sec.
428A.1.
This deed is ven pursuant to the authority of Resolution No DG of the City of Dubuque,
adopted / / , 2006, the terms and conditions thereof, if any, having been fulfilled.
Signed this /e day of -6 2006.
CITY OF DUB , QUE, IOWA
By:
Roy D uol, Mayor
CL - 4 C.
Book Page , File Number 2007 - 00003.593
(Page 2 of 5)
Attest:
By:
nne F. Schneider, CMC, City Clerk
STATE OF IOWA
) ss
)
DUBUQUE COUNTY
On this /7 day of , 2006, before me, the undersigned, a Notary Public in
and for the State of Iowa, sonally appeared Roy D. Buol and Jeanne F. Schneider, to me
personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Dubuque, Iowa, a municipal corporation; that the seal affixed to the
foregoing instrument is the corporate seal of said corporation, by the authority of its City Council,
as contained in Ordinance No. 2 -5 of the City of Dubugue Code of Ordinances, paced by
Reolution of the City Council under Resolution No,"49 - 6 of the City Council on the.'. -day of
, 2006; and Roy D. Buol and Jeanne F. Schneider acknowledged the executio =f
e instrument to be their voluntary act and deed and t � voluntary . __ nd deed of th
corporation, by it voluntarily executed.
M ary ' ublic In an • For Said State
* L • SUSAN M. WINTER
a + COMMISSION NO.183274
`' MY COMMISSION EXPIRES
/ow• 2/14/08
Book , Paae , File Number 2007- 00003523
Preparer: Barry A. Lindahl, Esq. Suite 330, Harbor View Place, 300 Main Street, Dubuque, IA 52001 (563) 583 -4113
RESOLUTION NO. 90 -10
AUTHORIZING THE DISPOSAL OF THE INTEREST OF THE CITY OF DUBUQUE,
IOWA, IN THE REAL PROPERTY DESCRIBED AS THE NORTHWESTERLY ONE -
HALF OF BARRY STREET IN BARRY SUBDIVISION NO. 2 IN THE CITY OF
DUBUQUE, IOWA TO THE RESIDUAL DEVISEES UNDER THE JOHN J.
MCDONOUGH, SR. LAST WILL AND TESTAMENT
Whereas, Resolution No. 260 -06 authorized the vacating and disposal for the
sale of real estate described as follows:
The Northwesterly One -Half of Barry Street and the Southeasterly One -
Half of Barry Street all in Barry Subdivision No. 2 in the City of Dubuque,
Dubuque County , Iowa; and
Whereas, the Resolution further authorized the disposal of the interest of the City
of Dubuque, Iowa in the real property to John J. and Frances M. McDonough; and
WHEREAS, by Quit Claim Deed dated June 19, 2006, filed in the office of the
Dubuque County Recorder on March 13, 2007 as Instrument No. 2007 - 00003523, the
City of Dubuque conveyed the above - referenced property to John J. and Frances M.
McDonough.
WHEREAS, as of the date of said quit claim deed, Frances M. McDonough was
deceased, having died on December 27, 2005.
WHEREAS, said quit claim deed was inoperative as to the undivided one -half
interest in such real property conveyed to Frances M. McDonough.
WHEREAS, John J. McDonough, Sr., is now deceased and the children of John
J. McDonough, Sr. and Frances M. McDonough request that a quit claim deed be
provided to them as the residual devisees under the John J. McDonough, Sr., last will
and testament, namely: Linda M. Becker, David J. McDonough, Gary J. McDonough,
John J. McDonough, Jr., and Dennis A. McDonough.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The Mayor is authorized and directed to execute the Quit Claim Deed,
a copy of which is attached hereto. The City Clerk is hereby authorized and directed to
record a certified copy of this Resolution in the Office of the Dubuque County Recorder.
Attest:
Passed, approved and adopted this 5th day of April , 2010.
.d
Jeanne F. Schneider, City Clerk
Jeanne F. Schneider, City Clerk
Roy D. uol, Mayor
F:\ USERS \tsteckle \Lindahl\ Resolutions\AuthorizingDisposalRealPropertyJohnJMcDonoughEstate _032510.doc
Prepared by and Return to: Mark J. Willging, AT0008492, Fuerste, Carew, Juergens & Sudmeier, P.C.,
151 West 8th St., Suite 200, Dubuque, IA 52001; Telephone: (563) 556 -4011
Address Tax Statement:
Linda M. Becker
3115 Shiras Avenue
Dubuque, IA 52001
QUIT CLAIM DEED
The City of Dubuque, Iowa, a municipal corporation of Dubuque County, Iowa, for Ten Dollars ($10.00) and other
good and valuable consideration, receipt of which is hereby acknowledged, does hereby quit claim unto Linda M.
Becker, David J. McDonough, Gary J. McDonough, John J. McDonough, Jr., and Dennis A. McDonough, all of its
right, title, interest in the following described real estate situated in Dubuque County, Iowa, to wit:
Northwesterly One -Half of Barry Street, Barry Subdivision No. 2, in the City of Dubuque, Dubuque
County, Iowa.
The City reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose
of erecting, installing, constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer,
drainage, gas, telephone, television cable, fiber optics, and electric lines as may be authorized by the City of
Dubuque, Iowa as shown on the Plat of Survey of Barry Subdivision No. 2.
No Declaration of Value is required according to Iowa Code Section 428A.1. Deeds with a consideration of $500
or less are exempt from transfer tax. Iowa Code Section 428A.1.
This deed is given pursuant to the authority of Resolution No. 260 -06 of the City of Dubuque, adopted June 19, 2006,
the terms and conditions thereof, if any, having been fulfilled.
Signed this 5th day of Apr i 1 , 2010.
Attest:
Bv:
Jeanne F. Schneider, City Clerk
SPACE ABOVE THIS LINE FOR RECORDER
City of Dubu ,/,
By:
Roy ?.. Buol, Mayor
STATE OF IOWA )
ss:
COUNTY OF DUBUQUE )
On this 5th day of April , 2010, before me, the undersigned, a Notary Public in and for the
State of Iowa, personally appeared Roy D. Buol and Jeanne F. Schneider, to me personally known, who being by me
duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a municipal
corporation; that the seal affixed to the foregoing instrument is the corporate seal of said corporation, by the authority
of its City Council, as contained in Ordinance 2 -5 of the City of Dubuque, Code of Ordinances, passed by Resolution
of the City Council under Resolution 260 -06 of the City Council on the 19th day of June, 2006; and Roy D. Buol and
Jeanne F. Schneider acknowledged the execution of the instrument to be their voluntary act ar drdee and the
voluntary act and deed of the corporation, by it voluntarily execute.
•11 .4,d
otary Public in an for said State
SUSAN M. WINTER
COMMISSION NO.183274
MY COMMISSION EXPIRES
2/14/11