Pennsylvania Avenue - Acceptance of Warranty Deed
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RESOLUTION NO. 466-00
A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY ON
PENNSYLVANIA AVENUE TO THE CITY OF DUBUQUE
Whereas, the City of Dubuque entered into an agreement with Cynthia L. Gilligan,
John Gilligan, and Richard J. Wienen, pursuant to which Cynthia L. Gilligan, John Gilligan,
and Richard J. Wienen agreed to convey the East 80 Feet of the West 130 Feet of Lot 2
of Lot 2 of the Southeast 1/4 of the Southeast 1/4 of Section 21, Township 89 North,
Range 2 East of the 5th P.M. in the City of Dubuque, Dubuque County, Iowa.
Whereas, Cynthia L. Gilligan, John Gilligan, and Richard J. Wienen have 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 Warranty Deed from Cynthia L. Gilligan, John Gilligan, and
Richard J. Wienen, 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 knowledge
of behalf of the City of Dubuque any instruments in connection herewith.
Passed, approved and adopted this 2nd day of October, 2000.
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John Markham, Mayor Pro-Tern
Attest:
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Jeanne F. Schneider, City Clerk
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RESOLUTION NO. 466.00
A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY ON
PENNSYLVANIA AVENUE TO THE CITY OF DUBUQUE
Whereas, the City of Dubuque entered into an agreement with Cynthia L. Gilligan,
John Gilligan, and Richard J. Wienen, pursuant to which Cynthia L. Gilligan, John Gilligan,
and Richard J. Wienen agreed to convey the East 80 Feet of the West 130 Feet of Lot 2
of Lot 2 of the Southeast 1/4 of the Southeast 1/4 of Section 21, Township 89 North,
Range 2 East of the 5th P.M. in the City of Dubuque, Dubuque County, Iowa.
Whereas, Cynthia L. Gilligan, John Gilligan, and Richard J. Wienen have 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 Warranty Deed from Cynthia L. Gilligan, John Gilligan, and
Richard J. Wienen, 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 knowledge
of behalf of the City of Dubuque any instruments in connection herewith.
Passed, approved and adopted this 2nd day of October, 2000.
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1 elt>an<1~ >M:l< fiug~~ >May.f>1:
John Markham, Mayor Pro-Tern
Attest:
Jeanne F. Schneider, City Clerk
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RECORDER
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statement to City of Dubuque, Iowa, 50 West 13th Street,
Iowa 52001.
an WARRANTY DEED
THIS INDENTURE. made this day of Augus t, 200D~ . by and between
Cynthia L. Gilli an and John Gilli an husband and wife
Richard J. Wienen, a widow and not remarried
3425 Pennsylvania, Dubuque, IA 52001 (property
addresses) hereafter referred to as GRANTOR, and the City of Dubuque
corporation, of the County of Dubuque
Iowa ' hereafter referred to as GRANTEE.
'owner's full names and
. a municipal
in the State of
WITNESSETH:
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 relief funds under Section 404
for the Hazard Mitigation Grant Program {HMGPl. including the acquisition and relocation of flood damaged
property; and
WHEREAS. The Hazard Mitigation and Relocation Assistance Act of 1993 {The Volkmer Billj furth.er expanded
the use of HMGP funds under Section 404, to "BUYOUT" flood damaged property which was damaged during
the Great 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 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 specified in covenants and restrictions made part 'of the Deed;
NOW, THEREFORE. the GRANTOR, for and in consideration of the sum of
S 112,728.00 Wttf€h-ase-ilFieel. the receipt
whereof is hereby acknowledged, does grant. bargain and sell. convey and confirm unto the said GRANTEE and
its assigns the following described real estate:
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All that 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. The East 80 feet of the West 130 feet. of
Lot 2 of Lot 2 of the South East 1/4 of the South East 1/4 of
Section 21, Township 89 North, Range 2 East of the 5th P.M.,
in the City of Dubuque, Iowa, according to th~ recorded plat
thereof.
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LEGAL DESCRIPTION:
To have and to hold the property and said premises aforesaid with all and singular, the rights, privileges
appurtenances, and immunities thereto belonging or any wise appertaining unto the City of
Dubuque , its heirs and assigns with all the 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
Iowa , and this conveyance is made upon the express conditions that:
, State of
1. The premises shall remain in public ownership;
2. 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;
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 functionall'{
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
States of America.
The above conditions and restrictions, along vvith 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 seid Grantors Cynthia L. Gi 11 igan ,
John Gilligan, and Richard J. Wienen
(property owners names),
do for ourselves and our heirs, executors assigns covenant that they are seized in fee simple of t~e 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 against the !awful claims of all persons vvhatsoever, cl,d that they wii! execute such further
assurances of said land as may be requisite.
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In witness WHEREOF, the said Grantors have hereto set their hand and seal on this
the D day of August, 2000,x5l:9c
(seal)
flzJ~ j
~~~ Richard J. Wienen
Grantor
L. Gilligan
(seal)
Witness,
State of:
Iowa
County of:
Dubuque
On this ;;.s day of August, 200,0 1<98 _, before me personally appeared
Cynthia L. Gilligan, John Gilligan, and Richard J. Wienen
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'. , (property owner's full names), to me
~l>~,ttl'be..tIi~'p.ersons described herein, and who executed the foregoing instrument and acknowledged that
.:ffiey e~ th€~~me as their free act and deed.
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'lJl"TESTI~NY,.whereof I have hereunto set my hand and affixed my official seal at my office in said City,
Criut#f a~d :si;ne 'the tJy and if~r above written. .
Notary Public: tLt:- /).. ~
W~lliam G. Blum
My commission expires: 6/03/0 3 (dat~)
Return this document to: William G. Blum, 700 Locust St. , Suite 196
Dubuque, Iowa 52001.
This document was drafted by the Federal Emergency Management Agency (FEMA)
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CITY OF DUBUQUE, IOWA
MEMORANDUM
September 28, 2000
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Pennsylvania Avenue--Acceptance of Warranty Deed
Public Works Director Mike Koch is recommending the acceptance of Warranty
Deed for the Pennsylvania Avenue property recently acquired in a flood damage
buyout.
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I concur with the recommendation and respectfully request Mayor and City Council
approval.
mJJ~Al
Michael C. Van Milligen
MCVM/dd
Attachment
cc:
Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Mike Koch, Public Works Director
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CITY OF DUBUQUE, IOWA
MEMORANDUM
September 21, 2000
TO: Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director /1J,t~
FROM:
SUBJECT: Pennsylvania Avenue - Acceptance of Warranty Deed
INTRODUCTION
Enclosed is a resolution accepting a warranty deed for a buyout of flood-damaged
property on Pennsylvania Avenue.
DISCUSSION
On May 16, 1999, during severe storm/flooding events, resulting in Presidential
Declaration 1277, the City of Dubuque experienced severe flooding from the north fork
of Catfish Creek. The flooding was so severe that it encompassed one particular
residential structure at a depth of seven feet. Due to such severe flooding, the
homeowner found themselves without shelter and now living with either friends or
family in the area.
The project called for the voluntary purchase and removal of one residential property
and the permanent deed restriction of the vacated lot. The property identified in the
City's scope of work is identified on a Flood Insurance Rate Map (FIRM). It is also
important to note that the property identified for acquisition/demolition is subject to
repeated flooding, loss of personal property, loss of personal income, and even
personal injury or death.
Owner
Leaal Description
The East 80 Feet of the West 130 Feet
of Lot 2 of Lot 2 of the Southeast 1/4
of the Southeast 1/4 of Section 21,
Township 89 North, Range 2 East of
the 5th P.M. in the City of Dubuque,
Dubuque County, Iowa, According to
the Recorded Plat Thereof.
Cynthia L. Gilligan and John Gilligan,
husband and wife; and Richard J.
Wienen, a widow not remarried.
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RECOMMENDA TION
The above property has already been purchased by the City through FEMA funds, and
the Warranty Deed 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 warranty
deed from Cynthia L. Gilligan and John Gilligan, husband and wife; and Richard J.
Wienen, a widow not remarried.
MAK/vjd
Prepared by Gus Psihoyos, Assistant City Engineer
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Prepared by: Ron Turner, City of Dubuque, 50 West 13th, Dubuque, lA, (319) 589-4270
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RESOLUTION NO. 466-00
A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY ON
PENNSYLVANIA AVENUE TO THE CITY OF DUBUQUE
Whereas;.the City of Dubuque entered into an agreement with Cynthia L. Gilligan,
John Gilligan, and Richard J. Wienen, pursuant to which Cynthia L. Gilligan, John Gilligan,
and RicharttJ. Wienen agreed to convey the East 80 Feet of the West 130 Feet of Lot 2
of Lot 2 of the Southeast 1/4 of the Southeast 1/4 of Section 21, Township 89 North,
Range 2 East of the 5th P.M. in the City of Dubuque, Dubuque County, Iowa.
. Whereas. Cynthia L. Gilligan. John Gilligan. and Richard J. Wienen have 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 Warranty Deed from Cynthia L. Gilligan, John Gilligan, and
Richard J. Wienen, 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 knowledge
of behalf of the City of Dubuque any instruments in connection herewith.
Passed, approved and adopted this 2nd day of October, 2000.
~~~~
YeJ:~~.x~8~JM~
John Markham, Mayor Pro-Tern
. Attest:
~/;a)
Jeanne F. Schneider, City Clerk