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Vacated Alley Conveyance - Property Adjacent to 440 Klingenberg_Morford Copyright 2014 City of Dubuque Consent Items # 9. ITEM TITLE: Vacated Alley Conveyance - Property Adjacent to 440 Klingenberg Terrace SUMMARY: City Manager recommending rescinding Resolution No. 187-14 which approved the deed and approve the corrected deed. RESOLUTION Rescinding Resolution No. 187-14 Incorrectly Authorizing 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", and Authorizing Such Conveyance to Sarah J. Morford SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Conveyance of Vacated Alley Property Adjacent to 440 Klingeberg F-1 Terrace-MVM Memo City Manager Memo ❑ Staff Memo Staff Memo ❑ Resolution Resolutions ❑ Quit Claim Deed Supporting Documentation THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 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 Morford DATE: November 24, 2014 Attorney Dave Clemens, representing Nathan and Sarah Morford, 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. On July 7, 2014, the City Council approved a Quit Claim deed to Nathan and Sarah Morfold. Attorney Clemens has now advised that he incorrectly named the parties as "Morfold" when the correct name was "Morford". He also states that he should not have requested that Nathan J. Morford be included on the Quit Claim Deed. City Attorney Barry Lindahl requests the City Council rescind Resolution No. 187-14 which approved the deed and approve the corrected deed. I concur with the recommendation and respectfully request Mayor and City Council approval. Micliael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager THE CITY OF DUB bE MEMORANDUM Masterpiece on the Mississippi BARRY LIN / v CITY ATTOR E To: Mi ael C. Van Milligen Cit Manager DATE: Novefnber 24, 2014 RE: Conveyance of Vacated Alley Property Adjacent to 440 Klingenberg Terrace to Nathan and Sarah Morford Attorney Dave Clemens, representing Nathan and Sarah Morford, 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. At the July 7, 2014 City Council meeting, the City Council by Resolution No. 187-14 approved the Quit Claim Deed which has now been recorded. However, Dave Clemens has now advised me that he incorrectly named the parties as "Morfold" when the correct name was "Morford". He also states that he should not have requested that Nathan J. Morford be included on the Quit Claim Deed. Attached is a resolution rescinding Resolution No. 187-14 which approved the deed and approving the corrected deed. I recommend that the resolution be submitted to the City Council for consideration and approval. BAL:jmg Attachment cc: Gus Psihoyos, City Engineer Preparer: Barry A. Lindahl, Esq. Suite 330, Harbor View Place, 300 Main Street, Dubuque, IA 52001 (563) 583-4113 RESOLUTION NO. 365-14 RESCINDING RESOLUTION NO. 187-14 INCORRECTLY AUTHORIZING 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", AND AUTHORIZING SUCH CONVEYANCE TO SARAH J. MORFORD Whereas, the City Council of the City of Dubuque, by Ordinance adopted November 30, 1931, vacated the alley Tying 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, Sarah J. Morford is now the owner of the property abutting on the east side of the alley and has requested a Quit Claim Deed to the east ten feet (10') of the vacated alley; and Whereas, by Resolution No. 187-14 the City Council incorrectly authorized the conveyance of the property to Nathan and Sarah Morfold when the property should only have been conveyed to Sarah and her correct name is "Morford"; and Whereas, the Quit Claim Deed has been recorded as Instrument No. 2014-7697; and Whereas, Resolution No. 187-14 should be rescinded, and the conveyance of the property to Sarah J. Morford should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Resolution No. 187-14 is hereby rescinded and the Quit Claim Deed recorded as Instrument No. 2014-7697 is declared null and void. Section 2. That the conveyance of the East 10 feet of the vacated alley Tying 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 Sarah J. Morford pursuant to the Quit Claim Deed attached hereto is hereby approved. Section 3. 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 Sarah J. Morford. Attest: Passed, approved and adopted this 15t day of December, 2014. d/ 6 4 Yik a czE.A.6"ei 1....... Karla A. Braig, Mgyor Pro Tem Trish Gleason, Assistant City Clerk