Klingenberg Terr Deed re Wall
DU~@UE
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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
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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
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ACQUISITION AREA
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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
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CITY OF DUBUQUE
50 We,' '3th St Dobo 0", ,owo
OWNER,S>NDAHL
SCREEN FOLE,LHlANOO9 FLD. BK.5D3
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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
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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