Communiction Greg Swift 919 KirkwoodJune 25, 2007
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Jeanne Schneider +~`~~ c
City Clergy City Council t~-.s- ~; ~' ~ `~
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Dubuque, Iowa 52001
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Dear Ms. Schneider:
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We are writing to you and the City Council to hopefully rectify an omission to the
property description of my residence at 919 Kirkwood Street. We purchased the house in
1994 from John and Janet Hilley, professors at the University of Dubuque. I was told by
the owners that the lot directly behind the house had been purchased recently and was
included as part of the property to 919 Kirkwood. The legal description for this lot in
question is number 19A-012. Two years later in 1996, we received the Quit Claim Deed
dated April of 1992, signed by the city clerk's office -Mary Davis and then Mayor
James Brady from John Hilley. At that time we assumed that this was filed and recorded.
Unfortunately, that is not the case. My husband and I are currently purchasing additional
lots behind our house and since have found this discrepancy. This "alley lot" as it has
been referred to by personnel at the city office and our neighbors is not recorded. I guess
policy has changed since then, as Quit Claim Deeds were not immediately submitted for
recording and the Hilleys never submitted the deed. The Hilleys have moved and last I
know were in Tennessee teaching. We have also included for your review the resolution
on these alley lots number 132-92, a real estate transfer form and a small note that was
included from the Hilleys back in 1996. After discussing this situation with City Engineer
Ron Turner, he has advised us to submit in writing to you in hopes to approach the City
Council for resolution. We understand that a public hearing may need to be announced
and this could take some time to resolve. We wish to officially record this property so we
can have all these lots at one time be surveyed and placed in our property description.
Thank you for consideration on this matter. Please let us know if there is more needed on
our end or/and our presence is needed.
Sincerely, _ '
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Greg Swift Dawn Swift
Enc: Quit Claim Deed, Real Estate Transfer, Resolution 132-92, Lot Description and
Note from previous owner John Hilley
QUIT CLAIM DEED
Know All Men by These Presents:
That City of Dubuque, Iowa, a municipal corporatbn of Dubuque County, Iowa in conskleratbn of
good and valuable conaideratbna does hereby tuft Ctaim unto .. John R : , & Janet ,T: Hilley . , .... . _ .. .
all its right, title, interest in the following described Real Estate situated in Dubuque Cowl, Iowa, to-wit:
Lot 19A of Union Avenue Subdivision in the City of Dubuque, Dubuque
County, Iowa
This deed is given pursuant to the authorfty of... ,Resolution
No.... ,132-92.. , , , of the City of Dubuque adopted...... AL~~~:.~4,. x,292 .......................... .
.,
the terms and conditbns thereof, if any, having been fulfilled.
Signed this...20th.... day of......... April, 1992 ............................................
~~~~.... ~ ~
Attest: / ..: !~J.~:`:°r ............... .
~~ City Clerk
STATE OF IOWA
COUNTY OF DUBUQUE
ss.
City of Dubu ue, to
Its' Mayor
On this.....20th ....day of ..... A~;ril, , , , , , , , , , , , A. D... ~99~...... before me ..... ~S4:en .... .
M. Chesterman , , . , a Notary Public in and for the coumy of Dubuque and State of Iowa personally
appeared ........ James ,E,, Brady . ...................... and ....... Mazy. A...Aavxs ............ .
........... , to me personally known, who, being duly sworn did say that the said .:??-~'~ ,E; .Brady , .. , .... .
................... is Mayor and the said ...... r".~X. A.. Davis ......................... ~ Cleric of the
City of Dubuque, Iowa, and that the seal aifbced to the above instrument is the corporate seal of the City of Dubuque,
Iowa, and that said Instrument was signed and sealed on bebalf of the :aid City of Dubuque, Iowa, by authority of the
City CouncU of said City, and the said .......James. E :.Brady.... _ , ... , , . , , , ,and ... MarY..... .
A. Davis
................................. acknowledged the execution of said instrument to be the voluntary act and
deed of said City of Dubuque, Iowa, by it voluMarfly executed.
Witness my hand and Notarial Seal on the dste last above w n.
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.~~C. .... ..~ .............
C~ ~ Nobry Public in and for said County
My Commissbn expires . ~ ~. !... ~~ ........ .
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REAL ESTATE TRANSFER - DECLARATfON OF VALUE .-
Please read the filing instructions on the reverse side BEFORE completing this form. If this transaction is exempt, you may not be
required to complete this foam.
PART 1 - TO BE COMPLETED BY BUYER SELLER OR AGENT
(P/ease Type or Print Legib/y) Social Security No. -
SELLER -Name City of Dubuque (or Federal I. D. No.) 42-6004596W
Address 50 W. 13th Street Dubuque, Iowa 52001-4845
Number and Street or Rural Route City, Town or Post Olfice Social SeGUflty No.'1d1e 7.ip -
BUYER Name John R & Janet T. Hilley (or Fedi;ral t. D. No.)
Address 919 Kirkwood Street Dubuque, Iowa 52001
Number and Street or Rural Route Gty, Town or Pust Olftu. Suto Ztp
Address of Property Conveyed T NSA ~ m ~ o...~t Q....,. Ciro. Town or Pust Ottice Slatc Zip
Legal Description of Property - Lot 19A of Union Ave
Dubuque County, Iowa
If this is a sale of AGRICULTURAL LAND to one of the following persons or entities, please chE~c k the appropriate bc~x.
^ Corporation ^ Trust ^ Alien ^Non-Resident Alien ^ Limited Partnership
Declaration of Value-Statement
1. Total Amount Paid .......................... $ .122.00
2. Amount Paid for Personal Property (See Instructiorrs~--~ nn
3. Amount Paid for Real Property Only (1 minus 2) ... $ 122 00
4. Contract Sale Information -Please See Instructions
Down Payment $ ~ ~ Interest<Rate %~ Monthly Payment $ ~
Length of Contract years Balloon Payment Date (if applicable) ~
(Amortization Term) SALES CONDITIONS
Check (/) ALL of the following conditions that apply to this sale:
^ Sale Between Family Members (See Instructions) ^ Assignment of Contract (Explain Below) ^ Auction Sale
^ Sale toJby Public Utility ~ Sale to/by Exempt Organization ^ Condominium Sale
^ Court Ordered Sale ^ Quit Claim Deed ^ Purchase of Adjoining Land
^ Fulfillment of Prior Year Contract it Sale to/by Government ^ Land to 6e Operated as a Unit
^ Transfer of Partial Interest ^ Sheriff or Tax Sale ^ Forced Sale (Explain Below)
^ Exchange for Other Property ("Trade") ^ Corporate Merger or Reorganization ^ Mobile Home
^ Improvements Made or Buildings Removed After January 1, of the Year of•the Sale but Prior to the Actual Date of Sale or Transfer
DESCRIBE ANY OTHER UNUSUAL OR SPECIAL FACTS OR CIRCUMSTANCES RELATING TO THIS SALE.
NOTICE: If property upon which a homestead credit or military exemption has been claimed is sold,
the person selling or transferring such property must give written notice to the assessor.
I HEREBY DECLARE THAT T E~,JN OR TI NCO TAINED IN PART 1 OF THIS FORM IS TRUE AN/D~jCO~RRQECT.~/
SlgnatUre: ~ ^~ _ Telephone Number ~` ! ~ / " ~ ` ~ 7 ~
Date of Instrument
Date of Recording
PART II - TO BE COMPLETED BY RECORDER
- Bnok (or ~ Page.~or
inttrumenl instrument
identification) identiiicationl
City or Township ~ .
Deed ~ -
County
. Contract ^ Real Estate Transfer Tax Paid
PART -111 - TO BE COMPLETED BY ASSESSOR
Classification of Property (1) ^ Urban (2) ^ Rural
COMMERCIAL
(1)aBusiness (4-t70ther -_
(2)^Office (5-^Vacant Bldg.
(3-^Apartment (6)^Vacant Lot
INDUSTRIAL
(1)aLoF & Bldgs:
(2)^Vaci~nt BIdgS:
(3)~Vacant Lot
SALES CONDITIONS
^ Lot Assessed as Unvlatted Land ^ Fulfillment of prior year contract ^ Assignment of Contract
o Partial Assessment ^ Sale of Portion of Property ("Split") ^-0ther (Explain Below)
A B C D E F
G H I J K L M
(For Dept. of Revenue and Finance Use Only)
RESIDENTIAL
Iti^Single-Family Dwlg.
(2)^Two-Family Dwlg.
(31^Impr. Vacant Lot
(4)oUnimpr. Vacant Lot
{5)^ Vacant Dwlg.
Story Hgt. _
Age of Dwlg.
^ Change in Use (Explain Below)
NOTE: ASSESSED VALUE SHOWN Assessment Data SALES RATIO
MUST BE AS Of JANUARY 1, OF THE
YEAR IN WHICH THE SALE
OCCURRED LAND (~
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Assessor Comments
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RESOLUTION N0. 132 _92
Whereas, pursuant to resolution and published notice of time and place
of hearing, published in the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, Iowa on the 10th day of _
A~~ril , 1992, the City Council of the City of Dubuque, Iowa met on
the 20th day of April 1992, at 7:30 p.m. in the
Public Library Auditorium, 11th and Locust, Dubuque, Dubuque County, Iowa to
consider-the proposal for the sale of real estate described as:
Lot 17A of Union Avenue Subdivision to Alfred & Marion F. Wittine
Lot 19A of Union Avenue Subdivision to John R. & Janet T. Hilley
Lot 20A of Union Avenue Subdivision to Ronald D. & Julie A. Schlader
Whereas, the City Council of the City of Dubuque, Iowa overruled any and
all objections, oral. or written, to the proposal to dispose of interest of the
City of Dubuque, Iowa in the hereinabove described real estate to Alfred &
Marion F. Wittine, John R. & Janet T. Hilley, and Ronald D. & Julie A.
Schlader.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the disposal. of the interest of the City of Dubuque,
Dubuque County, Iowa in real property described as Lot 17A in Union Avenue
• Subdivision in the City of Dubuque,- Iowa to Alfred & Marion F. Wittine be and
the same is hereby approved for the sum of $518.00, plus one-third of
publication and filing fees, tot 19A in Union Avenue Subdivision in the City
of Dubuque, Iowa to John R. & Janet T. Hilley be and the same is hereby
approved for the sum of $122.00, plus on-third of publication and filing fees,
and Lot 20A in Union Avenue Subdivision in the City of Dubuque, Iowa to Ronald
D. & Julie A. Schlader be and the same is hereby approved for the sum of
$144.00 plus one-third of publication and filing fees.
Section 2. The City reserves unto itself a perpetual utility easement
as shown on the attached plat including the right of ingress and egress
thereto, for the purpose of erecting, installing, constructing,
reconstructing, 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.
Section 3. That the Mayor be authorized and directed to execute a Quit
Claim Deed and the City Clerk be and is hereby authorized and directed to
deliver said deeds of conveyance to the above named grantees upon receipt of
the purchase price in full.
Section 4. That the City Clerk be and is hereby authorized and directed
to record a certified copy of this resolution in the office of the City
Assessor, Dubuque County Recorder and the Dubuque County Auditor.-
•
Passed, approved and adopted this 20th day of A~~ril
S 1992. '
N~
es E. Brady
ayor
Attest:
~ye.a
Mary A. vis `"
City C1
•
PW-ALLVAC.RES
CERTIFICATE OF CITY CLERK
STATE OF IOWA )
COUNTY OF DUBUQUE )
I, Jeanne F. Schneider, do hereby certify that I am the duly appointed, qualified, and
acting Clerk of the City of Dubuque, Iowa in the County aforesaid, and as such Clerk I
have in my possession or have access to the records of the proceedings of the City
Council. I do further state that the hereto attached Resolution No. 132-92 is a correct
copy of the original Resolution No. 132-92 approved and adopted by the City Council
of the City of Dubuque, Iowa, at a session held by said Council on the 20th day of April,
1992.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa on this 16th day of April, 2007.
~. ~~ ~~
~eanne F. Schneider, CMC
City Clerk
(SEAL)
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