Quit Claim Deed Correction, Glenview Lot 22
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MEMORANDUM
December 11, 2006
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Correction Quit Claim Deed - Lot 22 Glenview
A request has been received from Attorney Mark Willging, on behalf of John and
Margaret Hendry, for the correction of a legal description on a Quit Claim Deed for
property they purchased from the City in March of 2000.
City Engineer Gus Psihoyos recommends City Council approval of the Correction Quit
Claim Deed for Lot 22 of "Glenview" a Subdivision in the City of Dubuque, and that a
public hearing be set for January 3, 2007.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
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MEMORANDUM
December 1, 2006
FROM:
Michael C. Van Milligen, City Ma~,ag()
Gus Psi hoyos, City Engineer ~/Yj. .
TO:
SUBJECT: Correction Quit Claim Deed - Lot 22 Glenview
INTRODUCTION
A request has been received from Attorney Mark Willging, on behalf of John and
Margaret Hendry, for the correction of a legal description on a Quit Claim Deed
for property they purchased from the City in March of 2000.
DISCUSSION
The attached letter indicates that the legal description in the original deed was
shown as Lot 22 of Glenview Addition. Upon further review of the abstract, it was
found that the correct legal description should be Lot 22 of "Glenview" a
Subdivision in the City of Dubuque.
Mr. Willging has prepared the Correction Quit Claim Deed, and is requesting City
Council action to correct the deed.
RECOMMENDATION
I would recommend that the Correction Quit Claim Deed for Lot 22 of "Glenview"
a Subdivision in the City of Dubuque, Dubuque County, Iowa be approved and a
public hearing be set for the disposition of the City's interest in the subject area
on January 3, 2007.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved and a public
hearing should be set on the disposal of the property with the corrected legal
description through the adoption of the enclosed resolution.
Prepared by Ron Turner, PLS
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NORTH
HENDRY CORRECTION DEED
VICINITY MAP
GRAPHIC SCALE
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DRAWING MAY HAVE BEEN REDUCED
1 INCH;; 200 FEET
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RESOLUTION NO. 603-06
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN LOT 22
OF "GLENVIEW" A SUBDIVISION IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA
Whereas, Attorney Mark Willging, on behalf of John C. and Margaret A.
Hendry, has requested a Correction Quit Claim Deed; and
Whereas, Mark Willging has prepared and submitted to the City Council a
Correction Quit Claim Deed showing the corrected legal description of a lot
previously disposed of by Resolution 81-00 on the 6th day of March, 2000.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to dispose of its interest in
Lot 22 of "Glenview' a Subdivision in the City of Dubuque, Dubuque County,
Iowa, to John C. and Margaret A. Hendry.
Section 2. That the City Clerk be and is hereby authorized and directed
to cause a notice of intent to dispose of said real estate to be published in the
manner as prescribed by law.
Passed, approved and adopted this 18th day of December , 2006.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
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Law Offices Of
FUERSTE, CAREW, COYLE, JUERGENS & SUDMEIER, P.C.
200 SECURITY BUILDING
151 WEST 8TH STREET
DUBUQUE, IOWA 52001-6832
WILLIAM C. FUERSTE
(RETIRED)
ALLAN J. CAREW
MICHAEL J, COYLE
STEPHEN J. JUERGENS
ROBERTL. SUDMEIER*
DOUGLAS M. HENRY
MARK J. WILLGING
MICHAEL J. SHUBA TT'" '"
A. THEODORE HUINKER
DANITAL. GRANT
JOHN F. HODGES"""
WILLIAM N. TOOMEY
November 21,2006
TELEPHONE:
(563) 556-4011
TELECOPIER:
(563) 556-7[34
E-MAIL:
MAlUii1FCCJS.COM
ALL ATIORNEYS LICENSED IN IOWA
. ALSo LICENSED IN WISCONSIN
"ALso LICENSED IN ILLINOIS
WRITER'S DIRECT
E-MAIL ADDRESS
mwiIleinl!iWfccis.com
Mr. Barry A. Lindahl
300 Main Street
Harbor View Place Ste. 330
Dubuque, IA 52001
Dear Barry:
We represent John and Margaret Hendry who reside at 1300 Blackhawk Drive,
Dubuque. In March, 2000, the Hendrys purchased a small lot from the City of Dubuque
for $483. We enclose herewith a copy of Resolution No. 81-00 authorizing the sale, as
well as a copy of the Quit Claim Deed whereby this lot was conveyed to John C. and
Margaret A. Hendry.
The legal description used for this lot in both the Resolution and the Quit Claim
Deed was:
"Lot 22 of Glenview Addition in the City of Dubuque, Dubuque County,
Iowa".
The correct legal des\.:ription for this lot is
"Lot 22 of "Glenview", a Subdivision in the City of Dubuque, Iowa".
We enclose a copy of the plat filed on May 21, 1948 which established this
subdivision. We also confirmed with Dan Conlon of Abeln Abstract that there is nothing
of record where "Glenview", a Subdivision has ever been referred to as "Glenview
Addition".
FuERSTE, CAREW, COYLE, JUERGENS & SUDMEIER, P.c.
November 21,2006
Page 2
We prepared a Correction Quit Claim Deed. We would appreciate it if you would
obtain the signatures of the Mayor and Clerk and return the Quit Claim Deed to us for
recording.
If you have any questions concerning this matter, please let us know.
Very truly yours,
FUERSTE, CAREW, COYLE,
JUERGENS & SUDMEIER, P.C.
MJW /kd
enclosures
cc: Mr. & Mrs. John C. Hendry
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PreDared bv and Return to: Mark J. Willging, Fuerste, Carew, Coyle, Juergens & Suclmeier, P.C.,
151 West 8th St., Suite 200, Dubuque, lA 52001; Telephone: (563) 556-4011
SPACE ABOVE THIS LINE FOR RECORDER
Address Tax Statement: John C. & Margaret A. Hendry
1300 Blackhawk Drive
Dubuque, IA 52003
CORRECTION QmT CLAIM DEED
The City of Dubuque, Iowa, a municipal corporation of Dubuque County, Iowa, for good and valuable consideration, does
hereby Quit Claim unto John C. Hendry and Margaret A. Hendry all of its rights, title and interest in the following-described real
estate situated in Dubuque County, Iowa, to wit:
Lot 22 of "Glen view", a Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof,
subject to an ingress and egress easement over and across Lot 22 of "Glenview", a Subdivision in the City of Dubuque, for the
benefit of Lot I of the Subdivision of Lots 1-20, 1-21, 1-22, 1-23, 1-24 & Lot 19 all in Shipton's Addition.
The City reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of
erecting, installing, constructing, reconstruction, repairing, owning, operating, and maintaining water, sewer, drainage, gas,
telephone, t.v. cable and electric lines as may be authorized by the City of Dubuque, Iowa.
This Deed is given to correct an incorrect legal description contained in a Quit Claim Deed from the City of Dubuque,
Iowa, a municipal corporation, to John C. and Margaret A. Hendry dated March 6, 2000 and filed of record in the office of the
Dubuque County Recorder on March 8, 2000 as Instnnnent No. 2443-00.
No Declaration of Value is required pursuant to Iowa Code Section 428A. 10.
This Deed is given pursuant to the authority of Resolution No.8 I -00 of the City of Dubuque, adopted March 6, 2000, the
terms and conditions thereof, if any, having been fulfilled.
Dated this
day of
,2006.
City of Dubuque, Iowa
By:
Attest:
Roy D. Buo1, Mayor
By:
Jeanne F. Schneider, City Clerk