Loading...
Klingenberg Terr Deed re Wall DU~@UE ~ck~ MEMORANDUM April 27, 2004 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Klingenberg Terrace - Acceptance of Quit Claim Deed In 1999 the City of Dubuque purchased right-of-way on Klingenberg Terrace for construction of a retaining wall. A Warranty Deed was obtained and accepted by City Council; however, the deed was not recorded due to the failure of the owner to complete the Groundwater Hazard Statement. Subsequent to the acceptance, the property was foreclosed upon. In order to clear title to the property, Assistant City Engineer Gus Psihoyos recommends acceptance of a Quit Claim Deed from U.S. Bank, N.A. I concur with the recommendation and respectfully request Mayor and City Council approval. (ÝltJJ ~ ¡2~ k Mi¿hael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psihoyos, Assistant City Engineer ::' ,~, ':J ?2 C'" D:J ,,~ -'. D~ ~ck~ MEMORANDUM April 26, 2004 FROM: Michael C. Van Milligen, City Manager () Gus Psihoyos, Assistant City Engineer ./d. ~ TO: SUBJECT: Klingenberg Terrace - Acceptance of Quit Claim Deed INTRODUCTION Enclosed is a resolution accepting a Quit Claim Deed for a right-of-way purchase on Klingenberg Terrace. DISCUSSION This Quit Claim Deed from U.S. Bank, N.A. is a follow-up transaction to the acceptance of a Warranty Deed in 1999 for the construction of the Klingenberg Terrace Retaining Wall Project. A Warranty Deed from Jason M. Sindahl was obtained and accepted by City Council by Resolution No. 505-99. However, this deed was not recorded until recently because of the failure of the owner to complete the Groundwater Hazard Statement. Subsequent to the acceptance, the property was foreclosed upon by U.S. Bank, N.A., formerly Mercantile Bank Midwest. In order to clear title to the property, U.S. Bank, N.A. has executed the attached Quit Claim Deed to the City of Dubuque. Enclosed is a Quit Claim Deed for the parcel needed for the paving and retaining wall project constructed in 1999, and to provide necessary grading for the installation of the wall. Included is the following Quit Claim. Owner Leqal Description U.S. Bank, N.A. A part of Lot 2 of 1 of the Subdivision of Lots 138, 140, and 142 of L.H. Langworthy's Addition in the City of Dubuque, Dubuque County, Iowa, as Indicated on the Attached Quit Claim Deed and In Accordance with Acquisition Plat Recorded as Instrument No.1 0115- 98 RECOMMENDATION The above property has already been purchased by the City, and the Quit Claim should be accepted by the City Council. I would recommend adoption of the enclosed resolution accepting the deed. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution accepting the Quit Claim deed from U.S. Bank, N.A. Prepared by Ronald J. Turner, PLS RESOLUTION NO. 179-04 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY, A PART OF LOT 2 OF 1 OF THE SUBDIVISION OF LOTS 138, 140, AND 142 OF LH. LANGWORTHY'S ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, MORE PARTICULARLY DESCRIBED IN EXHIBIT A, TO THE CITY OF DUBUQUE Whereas, the City of Dubuque Entered into an Acquisition Agreement with Jason Sindahl pursuant to which Jason Sindahl agreed to convey a part of Lot 2 of 1 of the Subdivision of Lots 138, 140, and 142 of L.H. Langworthy's Addition in the City of Dubuque, Dubuque County, Iowa, as shown on the Acquisition Plat thereof recorded as Instrument No. 10115-98; and Whereas, U.S. Bank, N.A., as mortgage holder, foreclosed on the property formerly owned by Jason Sindahl; and Whereas, U.S. Bank, N.A. has executed a conveyance of said property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Quit Claim Deed from U.S. Bank, N.A., copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 3rd day of May, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ~ NORTH VICINITY MAP ACQUISITION AREA (SINDAHL I US BANK) GRAPHIC SCALE 2~~~0 T (IN FEET) 1 INCH = 200' CITY OF DUBUQUE ACQUISITION PLAT 10115-98 COUNTY 008000E PARCEL NO. 10-24-106-008 JOB NO.~ PROJECT KLINGENBERG 7FRRACESECTIO~ TWP 89 N RANG~ ROW-FEE 418 s.F. EXIST. ROAO PERM. EASEM'T- LEGAL DESCRIPTION' LOT 2-1 S080íV. OF LOTS 13~/40 8142 OWNER JASON M. 8 ~~ L.H. LANGIYORlHY'S AOOITlON ,;0 6I,S:~;: F ~ ANN A // E. "0 ( , S65"163'5"£ r H Y ~"::: "'" 49.S7' 0 R "- i(¡ A N G VI ~ t; ,;" L & "- ~ > ~ ~ l<J ::? ~ !Ii> ..,.... ~~ t; ~ l<J ' ~ "- I .., .... C) ~ ."~ "'" '~ ~~'> LEGEND . . 0 . R,O.W, (000.00) e 0 ~ of [..01 015 Of [.. ~ ~. ~ ~ .~ <0 '" !;J ~ t:J " 6- {'v " tJ ¡J Í!! 6- "- 6- "- t:J " PROPERTY UNE FOUND IRON ROD FOUND ORON PIPE SIT 5(8" REBAR EASEMENT UNE PLACED CUT "X" RIGHT OF WAY RECOROED O,MEN"ON FaUNa P-K NAIL PlACED P-K NAIL L. H. è ~ ;:! " , ~ <0 " So ~ ,i() 9\..... '" '\i Ç) ~ ~" ,;; ~ ¡'j " JJ ~ LOT 7 ~ " È ~~ ~!# " ~ ~ . " , ¡ ~ "- ~ ..... 0 Ç) " " " ~ k ~ ~ ON,~¡;¡~~ D I r I ~"SS '" A D '~!;:i ~ "'~ '" ~..... 1!: ~ ~ f!š ~ "' ~ I3P'N SU / í¡1~ ¡4~ I or 140 & J ¡:3Bt ~, "i~ ~~ " ~ ~ "" c:, ~ ;:;¡';:: <:>_~ " <:> ~'" :¡J ~ '-i ¡ c.A. VOELKER'S ¡ ",-z+-<? f<t'Z- I 11 ~ 5' G£ LOT6 ~ CH,4PEL ST. . ij 510 N 8 D I V I 5 ~ ~,i; LOT 8 :;ill¡ ~~ KdÞ¡ rr lLL 0 10115-=-98 ,8 JUN 29 AM 10' 29 X~~,jŸ~fc'rI!.~t~DW II,"/' ..IOWAf5~/óQ AZ/NGENBERG TERRACE ~ ADD/ T/ON Scale in Feel 0 20 40 80 ~">iu~~C::;'::R~ CAPS MARKED AS SHO_~ SCALEo "'~40' DATE DRAWN BY,RJ' CHECKED,RDS REVISION, CITY OF DUBUQUE 50 We,' '3th St Dobo 0", ,owo OWNER,S>NDAHL SCREEN FOLE,LHlANOO9 FLD. BK.5D3 '( Peeparer Information Mork n Wol? no,"" I ow Firm 4?01 We"town Pork_y Suite 300 We"t 0,," Moine" IA SO?nn (S1S1 ?RR-?SOO Individual's Name Street Address CI!v Phone Mark D. Walz ISBA # PKO08856 US BanklSindahl SPACE ABOVE THIS LINE FOR RECORDER Address Tax Statements: City of Dubuque, 50 West 13th Street, Dubuque, IA 52001 QUIT CLAIM DEED For the consideration of One ($1.00) Dollar and other valuable consideration, U.S. Bank, N,A, does hereby Quit Claim to City of Dubuque all our right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa: A part of Lot 2 of 1 of the Subdivision of Lots 138, 140 and 142 ofLH, Langworthy's Addition in the City of Dubuque, Dubuque County, Iowa, more particularly described as follows: Commencing as a point of reference at the Northwesterly comer of Lot 2 of the East Yo of Lot 136 of LH, Langworthy's addition in the city of Dubuque, Dubuque County, Iowa; Thence S 26° 14'25" W 330,56 feet along the Westerly line of the East Yo of said Lot 136 to a point of intersection with the Northerly right-of-way line of Klingenberg Terrace; Thence N 67°30'00" W 62,04 feet along said right-of-way line to the Southeast comer of Lot 2 of I of the Subdivision of Lots 138, 140 and 142 of LH. Langworthy's Additiou, said point being the point ofbegimring; Thence N 67°30'00" W 90.56 feet continuing along said right-of-way line; Thence S 73°16'50" E 91.63 feet to a pornt of intersection with the Easterly line of said Lot 2 of I; Thence S 26°14'25" W 9,25 feet along said Easterly line to the point ofbegimring, containing 418 square feet, more or less, and is subject to easements of record and not ofrecord, The Northerly right-of-way line of Klingeuberg Terrace is assumed to bear N 67°30"00" W for purposes of this description only, Consideration less than $500.00, Each of 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 c, \nrportbl \imanage\rah19\lD35245_1.doc . . singular or plural number, and as masculine or femnpn~er, according to the context. Dated: March~, 2004. (\ V.S.B ~N.A. , Assistant Secretary CORPORATE STATE OF KENTUCKY, DA VIESS COUNTY, ss: On this 10 day of March, 2004, before me, the undersigned, a Notary Public in and for said County and State, to me personally appeared Gregg W, Speer and Robin Toothman to me personally known, who being by me and duly sworn, did say that they are the FITst Vice President and Assistant Secretary of said corporation; that said instrument was signed on behalf of said corporation by anthority of its Board of DITectors; and that the said FITst Vice President and Assistant Secretary as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed, rhf)1D~Y¡~mOìlD Christa Simmons, Notary Public in and for said State OFFICIAL SEAL ~ CHRISTA SIMMONS ~ E NOTARYPU811C-KENTUCKY /1 , STATE-AT-LARGF ~ My Comm. Expires Dec.31 200/ c \temp\c.data.notes\us bank_sindahl - quit claim deed. doc REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT Please 'ead the filing inst,uetions on the ,everse side BEFORE completing this form. PART I - TO BE COMPLETED BY TRANSFEROR (Please Type or Print Legibly) TRANSFEROR Name U.S. Bari< C/O MIrk D. Walz, Davis law Finn Address 4201 IesInfJ Parkway Suite 3D W3t ~ ltJines N=""md"oc'o<RR Co<y.lowno'P.O. Co<y.tnwno<P.O, lata !Ð266 St>æ Z,p lata 52001 StaIn Z,p Sta" Z'p TRANSFEREE Name Ci ty of D:b.KJE Address 50 W. 13th S1:ræt N=b~ "'" S'OC, 0< RR /lb.KJJe Address of Property Transferred N/A Nnmb~ md "oct 0< RR co<y. 10....o<p.0, Legal Description of Property A part of lot 2 of 1 of the Subdivisiœ of lots 138, 140 and 142 of LH.l.angIøthy Mlitiœ in the City of /lb.KJJe, /lb.KJJe Ccmty, lata as stDlJ in J'apisitiœ Plat ra:xrŒd as lnstruœnt 1'tJ. 10115-98 1. Wells (check one) ¡J¡ There are no known wells situated on this property. 0 There is a well or wells situated on this property, The type(s), location(s) and legal status are stated below. 2. Solid Waste Disposal (check one) ¡(¡ There is no known solid waste disposal site on this property. 0 There is a solid waste disposal site on this property, but no notice has been received from the Department of Natnral Resources that the site is deemed to be potentially hazardous, 0 There is a solid waste disposal site on this property which has been deemed to be potentially hazardous by the Department ofNatnral Resources, The location(s) of the site(s) is stated below, 3. Hazardous Wastes (check one) ¡J¡ There is no known hazardous waste on this property. 0 There is hazardous waste on this property and it is being managed in accordance with Department of Natnral Resources rules, 4. Underground Storage Tanks (check one) (¡ There are no known underground storage tanks on this property, (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) 0 There is an underground storage tank or tanks on this property. The type(s), size(s) and any known substance(s) contained are described below, 5. Private Burial Site (check one) !!í There are no known private burial sites on this property. 0 There is a private burial site on this property. The location(s) of the site(s) is stated below, The known identifYing infonnation of the decedent is stated below. Infonnation, if any, required by statements checked above: Signature: 'FORMATION CONTAINED IN PART 1 OF TillS STATEMENT IS TRUE AND CORRECT Telephone Number: -@J 589-4270 -- ---- -- --- --- --- -- - -- --- -- - ---- -- - ----- -- --- -- - -- --- --- --- --- -- - --- --- -- ------- -- --m- --------- --- --- --- ----- ----- ---- - -- -- -- - -- --- -- --- --- ---- ------ --- -- - --- --- -- ---- PART IT - TO BE COMPLETED BY RECORDER Date ofrnstrument BookJI.D. PagelLD. Date of Recording City or Township Deed 0 Contract 0 COlmty - -- -- ------ ----- --------- --- --- ----- ----- -m_- --- ----- --- --- --- --- --- --- --- ------ --- --- --- --- -- --- --- --- -- m -- --- ----- ------- ------ -- -- - --- -------- ---- ---- --- ---- m__- DNR fonn (July 99) FILE WITH RECORDER (See Instruction #6) 542-0960 INSTRUCTIONS FOR COMPLETING GROUNDWATER HAZARD STATEMENT The transferor of real property is required to complete Part I of this fonn, The purpose of the statement is to satisfy legal requirements for filing instruments of conveyance of real property with the county recorder (Iowa Code Section 558.69), The Department of Natural Resources does not approve or disapprove of property transfers based on these statements. The statement must be signed by one of the persons transferring the property interest or that person's agent. An agent signing this fonn represents the infonnation from transferor to be correct. For the most part the infonnation requested is clear (name, address, etc.). One statement under each of the numbered items (I, 2, 3, 4 and 5) must be checked, and if one or more of the statements checked requires the transferor to provide additional infonnation, that infonnation is to be provided in part L Relate the additional infonnation to the specific category of facility (well, etc.) by numbering it with the corresponding number (I, 2, 3, 4, 5). If additional space is needed, type or print it legibly on a separate sheet or sheets, complete the statements at the end of Part I and attach the additional infonnation to all copies of the fonn, When describing the location of a facility on the property, be reasonably precise, such as a specific distance and general direction from a landmark or comer of the property. A professional survey is not necessary, The following defmitions are for use in completing the fonn. 1. Wells - A "well" is any excavation that is drilled, cored, bored, augered, washed, driven, dug, jetted or otherwise constructed for accessing groundwater or for diverting surface water into the ground, including abandoned wells. "Well" does not include an open ditch or drainage tiles which discharge to the surface, If a well is an "abandoned well" or an "agricultural drainage well," this must be identified and the status of the well with respect to Iowa Code sections 455B.190 and 159.29, respectively, must he stated, An "abandoned well" is a well no longer in use or in such state of disrepair that continned use is unsafe or impracticable, Abandoned wells are to he properly plugged in accordance with chapter 39 of the rules of the Department of Natural Resources, (567 Iowa Administrative Code, Chapter 39) An "agricultural drainage well" is a well constructed for the purpose of draining, or which drains, water from agricultural land to an aquifer (underground), excluding drainage tile intakes which outlet to the surface, Agricultural drainage wells are required to be registered with the department by September 30, 1988, and the owner of the well and of the land drained by the well are to develop a plan proposing alternatives .to the use of the well by July I, 1998 (See Iowa Code Section 159.29.) 2. Solid Waste - "Solid waste" means garbage, refuse, rubbish and other similar discarded solid or semisolid material. It does not include dirt, stone, brick, or similar inorganic material used for fill, as long as no other solid waste is included, See 567--100.2(455B), Iowa Administrative Code (LA,c.) for further defmitions, A "disposal site" is any area on the property on, in, or under which solid waste has çeen disposed, whether or not the disposal is or was regulated by the department. If the transferor or agent has not received notice from the Department of Natural Resources that the disposal site has been deemed to be potentially hazardous, there is no duty to inquire to the department. *Note The land application of sludges or soils resulting from the remediation of underground storage tank releases accomplished in compliance with Department ofNaturaÌ Resources rules without a permit is not required to be reported as the disposal of solid waste or hazardous waste, (See Iowa Code Section 558.69) DNR fonn (July 99) 3. Hazardous Wastes - "Hazardous waste" is defmed in Iowa Code section 455B.411, 567--141.2 (455B), lAc., and federal regulations referenced therein. It is generally defined as waste that poses a threat to human health or the environment. It includes wastes which are ignitable, corrosive, toxic, explosive, violently reactive, or specifically listed as hazardous in the Code of Federal Regulations (40 CFR 261). EXCLUDED are household wastes, agricultural wastes returned to the soil as fertilizers or soil conditioners, agricultural chemicals applied or disposed of by a fanner in accordance with the manufacturer's instructions, triple-rinsed agricultural chemical containers disposed of by farmers (where the rinsate is used as makeup water ill the tankmix and applied at appropriate rates), and other specific materials. Persons are legally required to be aware of hazardous waste laws. 4. Underground Storage Tanks- "Underground storage tank" means one or a combination of tanks, including underground piping counected to the tanks, used to contain an accumulation of regulated substances, and the volume of which is 10 percent or more beneath the surface of the ground, "Regulated substances" include petroleum products and hazardous or toxic materials identified in 567--135.2(455B), LA,C. Underground storage tank does not include: a, Farm or residential tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes. But See 455B.473(4» b. Tanks used for storing heating oil for consumptive use on the premises where stored. c. Residential septic tanks. d, Pipeline facilities regulated by state or federal law. e, A surface impoundment, pit pond, or lagoon, f. A stonn water or wastewater collection system, g. A flow-through process tank, h. A liquid trap or associated gathering lines directly related to oil or gas production and gathering operations. 1. A tank in an underground area such as a basement or mine, if the tank is on or above the surface of the floor. j, Pipes counected to the above exclusions, "Tank type" means the material of construction (steel,fiberglass reinforced plastic [FRP], or other [specify]); and any internal or external protection such as a protective coating or wrapping, or cathodic protection, Identify the capacity in gallons and the substance stored in each' tank, 5. Private Burial Sites - "Private Burial Site" means one or more graves containing human remains, For each site the transferor shall state the location of the site. For each decedent buried on the property the transferor shall state all known identifying infonnation of that decedent including name, date of death, and date of birth, 6. Filing - The original of this fonn must be presented to the county recorder when the document to be recorded is f¡]ed. The Recorder shall forward the original to the transferee when the recorded instrument is returned, The recorder is not required to keep any copies, 543-0960