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
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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.
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Karla A. Braig, Mgyor Pro Tem
Trish Gleason, Assistant City Clerk