Conveyance of Vacated Alley_440 Klingenberg Terrace (Morfold)THE CITY OF
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Masterpiece on the Mississippi
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Conveyance of Vacated Alley Property Adjacent to 440 Klingenberg
Terrace to Nathan and Sarah Morfold
DATE: July 1, 2014
City Attorney Barry Lindahl is recommending conveyance of vacated alley property
adjacent to 440 Klingenberg Terrace to Nathan and Sarah Morfold through Quit Claim
Deed.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen
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Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
BARRY LINDAHL
CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DATE: June 23, 2014
RE: Conveyance of Vacated Alley Property Adjacent to 440 Klingenberg
Terrace to Nathan and Sarah Morfold
Attorney Dave Clemens, representing Nathan and Sarah Morfold, has requested a Quit
Claim Deed from the City transferring a vacated alley to his clients. The alley was
vacated by Ordinance in 1931 and was to be conveyed to the owners of the abutting
property on the east and west sides of the alley. Apparently, a Quit Claim Deed
conveying the property was never provided to the property owners.
The City Engineering Department has indicated that there is no need to retain any
easement in the alley for any public utilities.
I recommend that the attached Resolution be submitted to the City Council for
consideration and approval.
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Attachment
cc: Gus Psihoyos, City Engineer
F:\USERS\tsteckle\Department Correspondence\Engineering\Morfold-AIIeyVacateKlingenbergTerrace\MVM_ConveyanceAlley440Klingenberg_o62314.doc
David L. Clemens
Jeffrey L. Walters
Jennifer A. Clemens -Conlon
Sarah E. Stork Meyer
Nathan D. Runde
Jeffrey E. Hiatt
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CONLON MEYER .P
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Attorneys at Law
2080 Southpark Court
Dubuque, IA 52003
Tel: (563) 582-2926
Fax: (563) 582-2998
www.cwcmlaw.com
June 17, 2014
Members of the City Council
c/o City Hall
50 West 13th Street
Dubuque, Iowa 52001
Dear Ladies & Gentlemen:
I represent Nathan and Sarah Morfold who have purchased property and in
review of the abstract find an Ordinance filed December 4, 1931 in Book of Affidavits 3,
Page 10. Further, a Plat filed on February 1, 1950 in Book of Plats 18, Page 148 and a
Resolution that was filed March 22, 1950 in Book of Affidavits 8, Page 223. It appears
that the deed to transfer the vacant alley was never accomplished and my clients are
now in need of a quit claim deed which was authorized by the Ordinance. Can the City
please issue a quit claim deed for the East 10 feet of the vacated alley lying between
Lot 1 of Lot 4 and Lot 1 of Lot 5 & Lots 8 and 9 in C.A Voelker's Addition, in the City of
Dubuque, Iowa, according to the recorded plat thereof, to Nathan J. Morfold and Sarah
J. Morfold, as joint tenants with full rights of survivorship and not as tenants in common?
Thank you.
Sincerely,
David L. Clemens
DLC/cas
S:\wp\Cyndi\letters\dlc\61714-Ltrs.docx
Preparer: Barry A. Lindahl, Esq. Suite 330, Harbor View Place, 300 Main Street, Dubuque, IA 52001 (563) 583-4113
RESOLUTION NO. 187-14
AUTHORIZING THE CONVEYANCE OF LOT 1 OF LOT 4 AND LOT 1 OF LOT 5 AND
LOTS 8 AND 9 IN C.A. VOELKER'S ADDITION, IN THE CITY OF DUBUQUE, IOWA,
TO NATHAN J. MORFOLD AND SARAH J. MORFOLD
Whereas, the City Council of the City of Dubuque by Ordinance adopted
November 30, 1931, vacated the alley lying first west of Paul Street, parallel to Paul
Street and Rosaline Street, and lying between Lowell Street and Klingenberg Terrace;
and
Whereas, the Ordinance also provided that the alley was granted to the owners
of the lots abutting the alley on the east and west side; and
Whereas, a conveyance of the property was reaffirmed by Resolution No. 21-50,
but a Deed to the property was never conveyed to the owners of the abutting property;
and
Whereas, Nathan and Sarah Morfold are now the owners of the property abutting
on the east side of the alley and have requested a Quit Claim Deed to the east ten feet
(10') of the vacated alley.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the conveyance of the East 10 feet of the vacated alley lying
between Lot 1 of Lot 4 and Lot 1 of Lot 5 and Lots 8 and 9 In C.A. Voelker's Addition, in
the City of Dubuque, Iowa, to Nathan J. Morfold and Sarah J. Morfold pursuant to the
Quit Claim Deed attached hereto is hereby approved.
Section 2. 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 copy of this Resolution in the Office of the Dubuque County Recorder and to
deliver the Quit Claim Deed to Nathan J. Morfold and Sarah J. Morfold.
Passed, approved and adopted this 7th day of July, 2014.
Aba
Roy D. Blol, Mayor
Attest:
F:\USERS\tsteckle\Department Correspondence\Engineering\Morfold-AIIeyVacateKlingenbergTerraceWuthorizingConveyanace440Klingenberg_062014.doc
Prepared by: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
Return to: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
QUIT CLAIM DEED
For the consideration of One Dollar and other valuable consideration, the City of
Dubuque, Iowa does hereby Quit Claim to Nathan J. Morfold and Sarah J. Morfold,
husband and wife as joint tenants with full right of survivorship and not as tenants in
common, all its right, title, interest, estate, claim and demand in the following described
real estate in Dubuque County, Iowa:
The East 10 feet of the vacated alley lying between Lot 1 of Lot 4 and
Lot 1 of Lot 5 & Lots 8 and 9 in C.A. Voelker's Addition, in the City of
Dubuque, Iowa, according to the recorded plat thereof
Exempt: Iowa Code § 428A.2(6) Deed in which a political subdivision of the state of Iowa
is the grantor.
Dated: July 7, 2014
Attest:
Kevin S. irnstahl, Ci
CITY OF DUBUQUE, IOWA
/of
Roy D.ol, Mayor
STATE OF IOWA, DUBUQUE COUNTY, ss:
On this Ilk day of `\(.,,) , 2014, before me a Notary Public in and for
said County and said State, personlly appeared Roy D. Buol and Kevin S. Firnstahl 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; and that the said Roy D. Buol and
Kevin S. Firnstahl as such officers, acknowledged the execution of said instrument to be
the voluntary act and deed of said municipal corporation, by it and by them voluntarily
executed.
IRISH L. GLEASON
Commission Number 719986
My Commission Expires
., ! �_
F:\USERS\tsteckle\Lindahl\Quit Claim Deeds\Morfold_DaveClemens_051514.doc
, Notary public