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Swiss Valley Interchange Project - Purchase Agreement Accepting Plat_Chesterfiled Dr. Ext. Copyrighted June 18, 2018 City of Dubuque Consent Items # 40. ITEM TITLE: Swiss Valley Interchange Project- Purchase Agreement Accepting Plat of Survey for Chesterfield Drive Extension SUMMARY: City Manager recommending authorization for the City to enter into a Purchase Agreement with the lowa Department of Transportation for the acceptance of the plat of survey for land to be dedicated as public right-of-way for the new extension of Chesterfield Drive to be constructed by the lowa DOT as part of the Swiss Valley Interchange Project. RESOLUTION Approving Purchase Agreement with The lowa Department of Transportation Including the acceptance of the Plat of Survey for land to be dedicated as public Right-of-Way for the extension of Chesterfield Drive in the City of Dubuque, lowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type IDOT Purchase Agreement-Parcel 151 - NNM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions ExhibitA Supporting Documentation Exhibit B Supporting Documentation Purchase Agreement Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: lowa Department of Transportation — Swiss Valley Interchange Project Chesterfield Drive Extension Parcel 151 — City of Dubuque — Purchase Agreement Approving Plat DATE: June 13, 2018 Assistant City Engineer Bob Schiesl recommends City Council authorization for the City to enter into a Purchase Agreement with the lowa Department of Transportation for the acceptance of the plat of survey for land to be dedicated as public right-of-way for the new extension of Chesterfield Drive to be constructed by the lowa DOT as part of the Swiss Valley Interchange Project. I concur with the recommendation and respectfully request Mayor and City Council approval. �� Mic ael C. Van Milligen �� MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Robert Schiesl, Assistant City Engineer 7'HE CITY OF DubuqUe DUB E �� Masterpiece on the Mississippi � � e TO: Michael C. Van Milligen, City Manager Gus Psihoyos, City Engineer FROM: Robert Schiesl, Assistant City Engineer SUBJECT: lowa Department of Transportation - SWiss Valley Interchange Project Chesterfield Drive Extension Parcel 151 - City of Dubuque - Purchase Agreement Approving Plat DATE: June 12, 2018 INTRODUCTION The purpose of this memorandum is to request authorization for the City to enter into a Purchase Agreement with the lowa Department of Transportation (lowa DOT) for the acceptance of the plat of survey for land to be dedicated as public right-of-way for the new extension of Chesterfield Drive to be constructed by the lowa DOT as part of the Swiss Valley Interchange Projed. BACKGROUND The lowa DOT is developing a projed to reconstrud US Highway 20, beginning at Cottingham Road and ending at Seippel Road, and constructing a new system interchange at the intersedion of US Highway 20 and SWiss Valley Road. This projed, known as the Swiss Valley Road Interchange Project will tie into the Southwest Arterial Project, currently under construction and administered by the City. As part of the US Highway 20 safety improvements, Priority 1 access control will be implemented along the corridor between the Old Highway intersection and the new Swiss Valley interchange, requiring all existing at-grade access locations be eliminated. This will result in the existing Barrington Lakes access to US20 will be removed and a new frontage road for access Barrington Lakes will be created. The new Chesterfield Drive road will connect Barrington Lakes directly to Stone Valley Drive, which will then connect to the segment of Chesterfield Drive that is being constructed as part of the Southwest Arterial. Once completed, Chesterfield Drive become the jurisdiction of the City. The attached 6chibit A shows the location and alignment of the proposed extension of Chesterfield Drive to Barrington Lakes. DISCUSSION Since the lowa DOT is the lead agency for the development and construction of the extension of Chesterfield Drive to Barrington Lakes, the lowa DOT is responsible for the property acquisition of right-of-way for the new road. All the property being acquired by the lowa DOT for Chestertield Drive is being purchased in the name of the City of Dubuque. The proposed Chesterfield Drive alignment goes through existing City property which will need to be platted and dedicated as public right-of-way for street and utility purposes. The lowa DOT has prepared the acquisition plat (0.47 Acres) and the temporary easement plat (0.09 Acres) for construction, each in the name of the City. Through discussions with the lowa DOT, the only mechanism available for the platting and conveyance of the dedicated road right-of-way back to the City is through the lowa DOT's Purchase Agreement process, which is functioning as a formality for the approval and conveyance of the right-of-way and permanent easement plats. The Purchase Agreement indicates the mutual benefit received and there is no monetary compensation offered. The Purchase Agreement states that the 0.47 acres presently held by the City as public land will be platted, conveyed and held in fee title by the City for roadway purposes. It also states that 0.09 acres presently held by the City as public land will be platted, conveyed and held in temporary easement by the City for the purpose of construction grading. The attached Exhibit B provides additional detail for the City property to be platted and dedicated as public right-of-way for street and utility purposes. RECOMMENDATION I recommend that the City be authorized to execute the Purchase Agreement with the lowa DOT for the approval and acceptance of the plat of survey for land to be dedicated as public right-of-way for the new extension of Chesterfield Drive to be constructed by the lowa DOT as part of the Swiss Valley Interchange Project. ACTION TO BE TAKEN I respectfully request that the City Council adopt the attached resolution and authorize the Mayor to execute the Purchase Agreement with the lowa DOT for the approval and acceptance of the plat of survey for land to be dedicated as public right-of-way for the new extension of Chestertield Drive to be constructed by the lowa DOT as part of the Swiss Valley Interchange Project. Attach. Prepared by Bob Schiesl, Assistant City Engineer cc: Barry Lindahl, City Attorney Nate Kiefer, PLS Marie Ware, Leisure Services Manager Steve Fehsal, Park Division Manager F:\PROJECTS\SOUTHWEST ARTERIAL\CHESTERFIELD DRIVE\DOT Purchase Agreement- Parcel 151 2 1. M�. •."�+.- . . a� _ �• . .w.r LEGEND �� 1 N :�-��: LANDFILL ACCESS ROAD � 0 PROPOSED PAVEMENT • • • 0 PROPOSED GRANULAR SURFACE Y�� y�- ° � .� " � PROPosEo sR,o�E -�- : - P RO P E RTY A C Q U I S I T I O N - PA RC E L 151 F:� -- ° 3°° 6°° � 0 SOUTHWEST ARTERIAL � � SCALE IN FEET PROPERTYLINES �� . - . EXHIBIT A � � EXISTING RIGHT OF WAY LINES - �-�-._�- � - - �.. ,,� p �'A _ �� r �� : 1`_ ��,�'! ` .� � �� . . � _ . .� � . Y �-� . j��•,,++�� ' � �.'� '.�„ .w� �-✓. ' •.�� , � � �. O �- � iT r)pec •j�. �r _I ;': . �, �,�:"' e � , �lf1l , ^ . ` . �•t f:' /� �• � • �� '�,• '\ �R' �f - . �� 3 4fi:-r . • � Y r I� =� '�Q� . •�-� Y 1� - ' „� - r� '� - .' . 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I �.` .,,i; , r :'�`" a � `� +n - c �" � � i� .,,.� •�:� .. , _'�'�. f .�_ A'-' t � �~ �y� "}l A. � �•r� �' ,_ >, ,�, _-� � � -��_: �� r .��.°qo,�.�' '� . ,,:: � �s= y'[ � � �:� �: � ,�: �� ':.d��•�t�-.y.�^a� ... . ' � ^�'� ��.''�� `� -- � - � '� o�� l��4 r��; "Y'� y ltY�� .��R .. �' � �... . - �� rn� '4} -.�d�'i� -�+, � ,�L�.. . CITY PROPERTY TO BE PLATTED BY THE IOWA ��, �_�- �"` . -� �:�--= 3„ .;^.� ��.,� �� " ui�. '� DOT TO FACILITATE THE CONSTRUCTION OF �� ;� y ` -� . ,� �'�� ;� � � � � ,� '��, � •ti � ��. �� .� �. THE CHESTERFIELD DRIVE EXTENSION - � �' - �:a . � �'E-�,�� .�` y ��rtY- �� . � : ,�,P �; - � �`dP.� . r • :€� �� , '"" f--1 - � _ l�Jf��*` ` ��:*'d�; � _ '`� ° � __ __ ��'�� T"� ]i:_�f� �. . ,�' �- �-j_:� M �� l�' `3 � � � � � �Y � � ��` . � '` . :� � .�k..; •� ;. � F'''�,�+►�;�, •-: �,, � �`''�,,� ,-�.s.__. .� . ,�` �+ � � , r ' �, �,. �: �• !y , -x - � y� � _ - �c �•��:.,�� , , .: � � f� ` � FS+r „ � �- ' _ _ 3i f �� .�*�_ :�! 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CHESTERFIELD DRIVE CONSTRUCTED �� } ..� � � .",s�'' ,� '� .•_��"': ` � � �� '`�' BY SOUTHWEST ARTERIAL PROJECT �� . ., '"� ' �. ;'�" .'*f 'r � ' . � 7'.�r' ''-.� , , l z• ..� • s"�+'� Q �, • �r � � ' `'� . ��`;� f� .:R'- � ZR?�' 'i � a� _.� �� . _,�... �'=a.ti "� �,m _--- y;. so�.�es: - �'�. � ' ` , - ' 1.Aeria1 Photography- lowa DOT,2074 �, � � � ��' :� �''� ti . 2.US 20 SwissValley Full Build Coneept,Mareh 3 2075,HDR Engineering � : " ' ,M+t��::- .:r��s� G -f�:-'�..- *,,"v r°R-' �.�y',�' 0� US 20 SWISS VALLEY uate - p-_�`� .;�;.r.:�, ;RI . " �� Proposed Chesterfield Drive 8 Landfill Road May2077 � � � ; , �� `�; . � � � ;� � <�. �,IOWADOT " � � -�' � � , 111 ,{' Figure PRELIMINARY PLAN J =q'�� 3 f " =�" '�� _ '� •� '' �^� '�� • Prelimina Desi n NOT FINAL-SUBJECT TO CHANGE Y�'�, �.• ' . ,- P� Y rY 9 }�� ''§"` �^� '`� Dubuque County, lowa i 4 � _ � � � . • _ _ _I • _ _ �_ - - - - - - - - - - - - - - LANDFILL ACCESS ROAD � I. PROPERTY ACQUISITION - PARCEL 151 -- � " ""`"`"' ¢ � EXHIBIT B � H T T ! _ 75 �� ' ' I k � '_ ; �� i . , �� ~��'�- i+� ' '+� I � � � � � n i i v �: r ��111 �'4� iR' . � ■ ' _ - _ _ �r __T i1Y� ��8 "'F I f �f— -I � I � tit�_ .-'r1 �. r�. �- 6E(IALO C.� JLOIIH N. '--ti w_ _ t_:: � � � ��-� -_ �,'�--�w- - ----� _ f `�ti ,� �,.. . eaeaw � - ~ -� f � ��ed,ss � i n i ' � '—' - �T� , , — �`... .. ~ `-�� r � � �•�1 � ~ r � 1' � iQ S nce�,�,.e�+�._. . `� * 4-___� r;r ��$� r � r� � � { r r � � � � I ACQUISITION AREA '�S I141_G 'r nvws I ��`. 4 . �'k i�wr ; � � ' �� ..m•�-��. . ' ._�* � FOR NEW ROAD ': r I ` �Fn � I50 _� �� { �" �c�n w.��r• �� t AREA = 0.47 ACRES _ � � � � �� _ I Y N . �� TD SIiU`L � ~"� ��k�� Y N � ��p �157RJC.T dIYHARt� �� 1 � � • 149 �ow�.l• � � ..,�'i�' 1•r7 IE4P9Ft4?1' E.45EYERII T4 �1r r��.. + iri�«s� 5iS°E h COHS"P1.IGT ElI7R�LiF:E �� Y � y `1 l� k y ��A4+`L �v\. �t 1 �.-.�.�� •� y} � 4� ��'r : V p� I { f 4� 31 ImFR ��77 �0 I]�Ftl I � ±� I ¢�7�iS �x F.\ . k-�k �'4 �Mq ��r�d ,� �� w �I ��_ t ',*�.� �S�S{' voa".a '•'T 4,� ��II � _ � ,� � . _ ._ ,-, � �_ . . ._ __ . �. �._ , ;�. ' . _ � p�� i�nw.i� ' . . 4 '�� . 1 ��! � - _ �� ^�+ �� . a _•� c- - ' �_ ,_. �. �-~ _ - - - — � — - — - '— - -- - — - — - — ' — — - SI�Fi '�„e�,u+l�� ' --� � --- --- - - � - - -�-� I ' 4''J�9T��Y�SSE4Eh- �*�� _ . '_ - - ' - - - - ` TU SH4PE I �� — + � _s _ 3 � ,� � H fi�if�f.i filill LLSOOr� �LR� I� ��~ �.' 1 r'�� }iiYr ff i`��oo�i.1 � + 1�� .�� YTpr.��IF'.+�WM�� 1 ��m�• '}�omw�� j ! �70Q�.LY- J�1 �iwT1l- Y�01L�7CIGf � , x ��.a ,,� , , , r , ,,.. ��. � -- - � ' sn 's�'�' � i�i ,�� ..,u.r �11 h� af rir Owa Wo�maslor F� '� I�4 '' iFild &HEE7 �NCLUGE6 I ' y ' i�s� �sarn f4w IMfOwMiTIOH 4HLY EMOLISH FlI6I'E 1C H evw T.■m:t�Y■ ,a�„c�..t� r � r: Nnen-rv-+[i+�aa-a�-ai P,a� dun: 1hip,,,,, TEMP EASEMENT AREA ;' `°�"' `' °°+' �� AREA = 0.09 ACRES � �`°A�"" `"� ' ,�,. "�' I , UNESTEF�FIELC � - T.�...�.e,�.�..., 0 ��man�M 1Y[9uulk4o-r �� 1 �� f I_JhS.�'4�[ 'Lt IO. L'4.� i., w -�� ' !�- _ :n.7 ...: I I..:'..II.� . ' �,ian , w;:-.1 MJlL+ r'a-:1 'L ��J-�:� �' � I-- _�:-j _ 7k2i �In4•' ' . I .� i�h.c I' :1'a: I' v�l P�� . � I�I � d b . a • nl.�t Yr ..a�l�• •.r��y II: I. .II .�� 1�1 IU\ d! RESOLUTION NO. 189-18 RESOLUTION APPROVING PURCHASE AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION INCLUDING THE ACCEPTANCE OF THE PLAT OF SURVEY FOR LAND TO BE DEDICATED AS PUBLIC RIGHT-OF-WAY FOR THE EXTENSION OF CHESTERFIELD DRIVE IN THE CITY OF DUBUQUE, IOWA Whereas, the Iowa Department of Transportation (Iowa DOT) is developing a project to reconstruct US Highway 20, beginning at Cottingham Road and ending at Seippel Road, and constructing a new system interchange at the intersection of US Highway 20 and Swiss Valley Road; and Whereas, the Iowa DOT is the lead agency for the development and construction of the extension of Chesterfield Drive to Barrington Lakes; and Whereas, once completed, Chesterfield Drive will fall under the jurisdiction of the City; and Whereas, the proposed Chesterfield Drive alignment goes through existing City property which will need to be platted by the Iowa DOT and dedicated as public right-of- way for street and utility purposes; and Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a Purchase Agreement and plat dated the 15th day of December 2017, prepared by Brian J. Jensen, HDR Engineering Inc., platting a portion of land located in Lot K of English Ridge Subdivision, a Subdivision in the NW '/ of the NW 1/4 of Section 5, Township 88 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa; and Whereas, the Purchase Agreement states that 0.47 acres presently held by the City as public land will be platted, conveyed and held in fee title by the City for roadway purposes; and Whereas, the Purchase Agreement states that 0.09 acres presently held by the City as public land will be platted, conveyed and held as a temporary easement by the City for the purpose of construction grading; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:. Section 1. That said Purchase Agreement between the City of Dubuque and the Iowa Department of Transportation be hereby approved, including acceptance of the plat of survey for land to be dedicated as public right-of-way for the extension of Chesterfield Drive to be constructed as part of the Swiss Valley Interchange Project. Section 2. That the Mayor is hereby authorized and directed to execute the Purchase Agreement between the City of Dubuque and the Iowa Department of Transportation. Passed, approved and adopted this 18th day of June, 2018. R±'W. Jon Attest: Keve S. Firnstahl, CMC City Clerk esiding Officer Return to and Prepared by Katherine Johnson, Right of Way Office, Iowa Department of Transportation, 800 Lincoln Way, Ames, IA 50010, 515-239-1633 Form 694028(67-16) 0101NADOT Office of Right of Way, 800 Lincoln Way, Ames, Iowa 50010 PURCHASE AGREEMENT Parcel Number: 151 County: Dubuque Project Number: NHSN-020-9(144)--2R-31 Route Number: 20. Seller; City of Dubuque, Iowa Ph: 515-239-1135 Toll -Free: 866-282-5809 FAX: 515-239-1247 www. iowadot,gov THIS AGREEMENT entered into this day of by and between, Seller and the Iowa Department of Transportation, acting for the State of Iowa, Buyer. 1. The Seller agrees to sell and furnish to the Buyer a conveyance document, on form(s) furnished by the Buyer, and the Buyer agrees to buy the following real estate, hereinafter referred to as the premises, in parts of the following: A tract of land located in Lot K of English Ridge Subdivision, a Subdivision in the NW 1/4 of the NW 1/4 of Section 5, Township 88 North, Range 2 East of the 5th P.M., in the County of Dubuque, State of Iowa, and more particularly described on page 5 including the following buildings, improvements and other property: All land, trees, shrubs, landscaping and surfacing attached to the premises sought and described herein 2. The Buyer agrees to pay, and the Seller agrees to grant; the right of possession, convey title and surrender physical possession of the premises as shown on or before the dates listed below: Payment Amount Agreed Performance'; Date. of Performance $0.00 $0.00 On conveyance of title On surrender of possession On possession and conveyance Total Lump -Sum Amount Ac/Sgt'Ft Breakdown, 60 days after Buyers Approval Land by fee title In the name of the City of Dubuque 0.47 acres Fence rods woven Underlying fee title Permanent easement acres Fence acres DISTRIBUTION:1W0 COPIES RETURNED TO BUYER (IOWA DOD ONE COPY RETAINED BY SELLER. 151, NHSN-020-9(144)--2R-31 rods barbed Page 1 of 6 3. Possession of the premises is the essence of this agreement and the Buyer may enter and assume full use and enjoyment of the premises per the terms of this agreement. The Seller grants the Buyer the immediate right to enter the premises for the purpose of gathering survey and soil data. The Seller may surrender possession of the premises, building, improvement, or any part thereof, prior to the time that he/she has agreed to do so, and agrees to give the Buyer 10 days notice of the Seller's intention to surrender possession by calling the Buyer at 1-866-282-5809. 4. The Seller warrants that there are no tenants on the premises holding under lease, except 5. This agreement shall apply to and bind the legal successors in interest of the Seller, and the Seller agrees to pay all liens and assessments against the premises, including all taxes and special assessments payable until surrender of possession, as required by the Iowa Code section 427.2 and agrees to warrant good and sufficient title. 6. The Buyer may include mortgagees, lien holders, encumbrances, and taxing authorities as payees on warrants issued in payment of this agreement. In addition to the total lump -sum payment amount, the Buyer agrees to pay $0.00 for the cost of adding title documents required by this transaction to the Seller's abstract of title. If requested to do so, the Seller will deliver to the Iowa Department of Transportation, Office of Right of Way, 800 Lincoln Way, Ames, IA 50010, an abstract of title to the premises. The Buyer agrees to pay the cost of abstract continuation. The Seller agrees to provide the documents as may be required by Iowa Land Title Standards to convey merchantable title to the Buyer. The Seller also agrees to obtain court approval of this agreement, if requested by the Buyer, in the event title to the premises becomes an asset of any estate, trust, conservatorship or guardianship. The Buyer agrees to pay court approval costs and all other costs necessary to transfer the premises to the Buyer, except attorney fees. Claims for such transfer costs shall be paid in amounts supported by paid receipts or signed invoices. 7. The Buyer agrees that any agricultural drain tiles that are located within the premises that are damaged or require relocation by highway construction shall be repaired or relocated at no expense to the Seller. Where the Buyer specifically agrees to construct and maintain fence, the fence shall be constructed and maintained for vehicle access control purposes at no expense to the Seller. The Buyer has the right of entry upon the Seller's remaining property along the right-of-way line, if necessary, for the purpose of connecting the drain tile, and constructing and maintaining the fence. The Seller may pasture against the fence at his/her own risk. The Buyer will not be liable for fencing private property or maintaining it to restrain livestock. 8. If the Seller holds title to the premises in joint tenancy with full rights of survivorship and not as tenants in common at the time of this agreement, the Buyer will pay any remaining proceeds to the survivor of that joint tenancy, and will accept title solely from that survivor, provided the joint tenancy has not been destroyed by operation of law or acts of the Seller. 9. These premises are being acquired for public purposes. This transfer is exempt from the requirements for the filing of a "Declaration of Value" in accordance with Iowa Code section 428A.1. 10. The premises also includes all estates, rights, title, and interests, including all easements, and all advertising devices and the right to erect such devices as are located thereon. The Seller consents to any change of grade of the highway and accepts payment under this agreement for any and all damages arising from those changes. The Seller acknowledges full settlement and payment from the Buyer for all claims per the terms of this agreement, and discharges the Buyer from liability because of this agreement and the construction of the public improvement project. 11. The Seller states and warrants that, to the best of the Seller's knowledge, there is no burial site, well, solid waste disposal site, private sewage disposal systems, hazardous substance or underground storage tank on the premises, except none. 12. This written agreement constitutes the entire agreement between Buyer and Seller and there is no agreement to do or not to do any act or deed except as specifically provided for herein. 13. Buyer hereby gives notice of Seller's five-year right to renegotiate construction or maintenance damages not apparent at the time of the signing of this agreement as required by the Code of Iowa, Section 68.52. 14. The Sellers grant to the Buyer temporary easement for the purpose of Shaping, The Right -of -Way Design Plot Plan, attached as a page 4 of this agreement, graphically illustrates the proposed temporary easement area being granted. The temporary easement shall terminate on completion of this highway project. 15. It is understood that this purchase agreement is for 0.47 acres presently held by the City of Dubuque for the use of will now be transfered and held in fee title by the City of Dubuque for. Roadway purposes. 151, NHSN-020-9(144)--2R-31 Page 2 of 6 Seller's signature and claimant's certification: Upon due approval and execution by the Buyer, the undersigned sellers/claimants certify the total lump -sum payment amount shown here is just and unpaid, City of Dubuque, Iowa. X a a :uci Maya 1 50 W. 13th Street Dubuque, IA 52001 STATE OF IOWA COUNTY OF Dubuque ss: W. Jones P :siding O ficer evin Firnstah'f, City Clerk This section to be completed by a Notary Public, On this 18th day of June 2018, before me, the undersigned, a notary public in * and for said the State of Iowa, personally appeared Rey-D-B+Iel and Kevin 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; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its city council * n/a , as contained in ordinance number 189-18 passed (the resolution adopted) * by the city council under roll call number n/a of the city council on the l8th day of June and that Roy D, Buel-and Kevin Firnstahl acknowledged the execution of the instrument to be their voluntary act and deed, and the voluntary act and deed of the corporation, by it voluntarily executed. (AFFIX NOTARIAL SEAL BELOW) *Resolution *Ric W. Jones, Presiding Officer arna4 OrJ J (Sign in ink) W2t/e4L /tl cL�a(t )I (Print/type name) PAMELA J. McCARRON Commission Number 772419 My Comm. Exp. 11—,5"1.20 Notary Public in and for the State of Iowa BUYER'S APPROVAL Recommended by (Sign in ink): X (Date) Project Agent (Printed Name): Scott Henning Approved by (Sign in ink): X (Date) Right of Way Director (Printed Name): Martin J. Sankey BUYER'S ACKNOWLEDGEMENT STATE OF IOWA } COUNTY OF STORY } ss: On this day of , before me, the undersigned, personally appeared ROW Director, Martin J. Sankey known to me to be a Right of Way Director of the Buyer and who did say that the instrument was signed on behalf of the Buyer by its authority duly recorded in its minutes, and said right of way director acknowledged the execution of the instrument, whose signature appears hereon, to be the voluntary act and deed of the Buyer, and by it voluntarily executed. (NOTARIAL SEAL) Notary Public in and for the State of Iowa 151, NHSN-020-9(144)--2R-31 Page 3 of 6 IOWA DEPARTMENT OF TRANSPORTATION ACQUISITION PLAT EXHIBIT "A" COUNTY DUBUQUE STATE CONTROL NO. PROJECT NO. NHSN-20-9(144)--2R-31 PARCEL NO. 151 SECTION 05 TOWNSHIP 88 NORTH RANGE 2 EAST ROW -FEE *0.47 AC, EASE AC, EXCESS -FEE AC ACCESS RIGHTS ACQUIRED - STA STA MAIN LINE SIDE ACCESS RIGHTS ACQUIRED - STA STA SIDE ROAD SIDE (20,670 SQ. FT.) TO CITY OF DUBUQUE, IOWA ACQUIRED FROM 1 '/,"^'NW CORNER - SEC.05-88-2E 1 FD. C.M. W/BRASS CAP 0 o PER DOC. #5340-92 '_. w J. WHITE - PLS 4016 1-. PI 6- -> tii;x al-w�BA, • 'o 2 WQU�„H 1- zy ),C do w px> '1,...,15 yti LULL. C]qQ..y, tis ¢i;1 M 03 w e,aw h 5 6 CIO IO I� IW l Point Number Station 1 12019+11.44 2 12019+35.24 3 12024+27.12 4 12028+29.85 5 12028+39.80 6 12028+39.79 7 12028+38.81 8 12027.45.00 9 12026+45.00 10 12025+60,00 11 12024+27.12 CURVE H-1 CHORD S 89'19'17"E 25.39' 7 0)5)-,") 9 CURVE H1 = 04.20'13.26" 0 = 17°04'38.15" T = 12.70' L= 25.40' R = 335.51' �yC \SOUTH LINE OF LOT K ENGLISH RIDGE SUBDIVISION PT Ste 12023+76.35 POINT REG NN N From Point Offset To Point 78.85 RT 1 to 2 132.84 RT 2 to 3 30.03 RT 3 to 4 30.05 RT 4 to 5 39.99 RT 5 to 6 49.63 RT 6 to 7 75.00 RT 7 to 8 66.00 RT 8 to 9 70.00 RT 9 to 10 95.00 RT 10 to 11 95.00 RT 11 to 3 0. A \r\I (13 LOT J N r ' ENGLISH RIDGE r V SUBDIVISION WEST LINE OF LOT L EAST LINE OF LOT 8 ENGLISH RIDGE SUBDIVISION SW CORNER - NW1/4 NW1/4 SEC.05-88-2E FOUND 1/2"REBAR WITH YELLOW CAP - PLS # 4016 R/w STONE V4 INE DRIVE CEY RiW CIA7 Bearing Distance N 87°17'03"E 60.01 N 01.32'37"W 533.20 N 01°32'37"W 402.73 N 43°26'23"E 14.07 N 88.30'36"E 9.64 S 89°19'17"E 25.39 S 03°56'00"W 94.24 S 03°50'15"E 100.08 S 17°56'11"E 88.60 S 01°32'49"E 132.88 S 88°27'23"W 64.97 Alt 41/1/ 4111r 411111, LW" 440, SW1/4 NW1/4 SEC. 05-88-2E I hereby certify that this land surveying document" was prepared by meor under my direct personal supervision and that I cm a duly licensed Land Surveyor under the -lows of the State of Iowa, /Z -9/6----/7 BRIAN J JENSEN DATE: License number 1 9 1 7 4 My license renewal dote is December 31, 2017 Pages covered by this seal' 1 OF 1 DATE DRAWN DECEMBER 15. 2017 CHESTERFIELD DRIVE (p CURVE DATA PI STA 12020+57.63 PC STA 12017+16.27 PT STA 12023+76.35 L5 = 36.01'08" LT. D =05'27'24.27' T = 341.36' L = 660.08' R = 1,050.00' LEGEND GP* FOUND GAS PIPE ® FOUND 5/8" REBAR WITH ORANGE CAP PLS# 15487 RAIL ® FOUND RIGHT OF WAY RAIL 100' 11°' SCALE 1" = 200' W PAGE 1 OF 1 fc Prepared By: Brian T. Yemen, FIDR Engineering Inc., 300 East Locust Street, Suite 0210, Des Moines, Iowa 50309-1023, Ph.(515) 290-4940 THE FEE SIMPLE TITLE GRANTED TO THE CITY OF DUBUQUE, IOWA IS TO LAND DESCRIBED AS FOLLOWS: A tract of land located in Lot K of English Ridge Subdivision, a Subdivision in the NW 1/4 of the NW 114 of Section 05, Township 88 North, Range 2 East of the 5th P.M., Dubuque County, Iowa as shown on Acquisition Plat Exhibit "A" attached hereto and by reference made a part hereof. Legal Description: Commencing at the Southwest Corner of the NW 1/4 of the NW 1/4 of Section 05, Township 88 North, Range 2 East of the 5th P.M., Dubuque County, Iowa, said point also being the Southwest Corner of Lot B of English Ridge Subdivision, a Subdivision in the NW 1/4 of the NW 114 of said Section 05; thence N 87°17'03" E along the South line of the NW 1/4 of the NW 1/4 of said Section 05,also being along the South line of said Lot B, a distance of 60.01 feet to the Southeast corner of said Lot B, said point also being the Southwest corner of Lot L of said English Ridge Subdivision; thence N 01°32'37" W along the East line of said Lot B, also being along the West line of said Lot L, a distance of 533.20 feet to the Northwest Corner of said Lot L, also being the Southwest Corner of Lot K of said English Ridge Subdivision, the Point of Beginning; thence continuing N 01°32'37" W along the East line of said Lot B, also being along the West line of said Lot K, a distance of 402.73 feet to the Northwest Corner of said Lot K, also being a point on the existing South Right of Way line of Stone Valley Drive; thence N 43°26'23" E along the North line of said Lot K, also being along the existing South Right of Way line of Stone Valley Drive, a distance of 14.07 feet; thence N 88°30'36" E along the North line of said Lot K, also being along the existing South Right of Way line of Stone Valley Drive, a distance of 9,64 feet; thence Easterly along the North line of said Lot K, also being along the existing South Right of Way line of Stone Valley Drive, 25.40 feet on a 335.51 foot radius curve concave Southerly and having a chord bearing S 89°19'17" E, 25.39 feet with a central angle of 04°20'13"; thence S 03°56'00" W, a distance of 94.24 feet; thence S 03°50'15" E, a distance of 100.08 feet; thence S 17°56'11" E, a distance of 88.60 feet; thence S 01°32'49' E, a distance of 132.88 feet to a point on the South line of said Lot K; thence S 88°27'23" W along the South line of said Lot K, a distance of 64.97 feet to the Point of Beginning, containing 0.47 acres. (20,670 sq. ft.). NOTE: The West line of the NW 1/4 of the NW 1/4 of said Section 05 also being the West line of said Lot B of English Ridge Subdivision, is assumed to bear N 01°32'37" W for the purpose of this description. DUBUQUE COUNTY, IOWA NHSN-20-9(144)-2R-31 PARCEL No. 151 DATE: December 15, 2017 IOWA DEPARTMENT OF TRANSPORTATION GRAPHIC EXHIBIT TEMPORARY EASEMENT COUNTY DUBUQUE STATE CONTROL NO. PROJECT NO. NHSN-20-9 ( 144 )--2R-31 PARCEL NO. 151 SECTION 05 TOWNSHIP 88 NORTH RANGE 2 EAST ROW -FEE AC, EASE AC, TEMPORARY EASEMENT *O. 09 AC ACCESS RIGHTS ACQUIRED - STA ACCESS RIGHTS ACQUIRED - STA STA MAIN LINE SIDE STA SIDE ROAD SIDE * (3,998 SQ. FT.) ACQUIRED FROM 1 lts,' '^ NW CORNER - SEC.05-88-2E x�� FD. C.M. W/BRASS CAP o PER DOC. 45340-92 0: w J. WHITE - PLS 4016 1 6-26 wo<J,ti� fLo Sate 0x-1 p.,iw oma.' p wQY4QoV._ yy -4COZc h 1 p Lu E3,,'-6. Jp q�q.i ti 10 PROPOSED EASTERLY RIGHT OF WAY LINE OF CHESTERFIELD DRIVE rLrs SOUTH LINE OF LOT K ENGLISH ♦ RIDGE SUBDIVISION PT Sta 12023+76.35 PO. J OP DEOlNN/ WEST LINE OF LOT L EAST LINE OF LOT B ENGLISH RIDGE SUBDIVISION 2 E ��G 0 %JFSipN 50 SW CORNER -. NW1/4 NW1/4 SEC.05-88-2E 1 FOUND 1/2"REBAR WITH YELLOW CAP - PLS # 4016 Point From Point Number Station Offset To Polnt Bearing Distance 1 12019+11.44 78.85 RT 1 to 2 N 87°17'03"E 60.01 2 12019+35.24 132.84 RT 2 to 3 N 01°32'37"W 533.20 3 12024+27.12 30.03 RT 3 to 4 N 88.27'23"E 64.97 4 12024+27.12 95.00 RT 4 to 5 N 01°32'49"W 132.88 5 12025+60.00 95.00 RT 5 to 6 N 17°56'11"W 88.60 6 12026+45.00 70.00 RT 6 to 7 N 03.50'15"W 100.08 7 12027+45.00 66.00 RT 7 to 8 N 03°56'00"E 15.07 8 12027+60.00 67.44 RT 8 to 9 N 88°27'11"E 7.56 9 12027+60.00 75.00 RT 9 to 10 S 06°54'10"E 160.70 10 12026+00.00 90.00 RT 10 to 11 5 24.44'44"E 38.08 11 12025+65.00 105.00 RT 11 to 12 $ 03°37'26"E 137.97 12 12024+27.12 110.00 RT 12 to 4 S 88°27'23"W 15.00 DATE DRAWN DECEMBER 15, 2017 SCALE 1" = 200' (G LOT J ENGLISH RIDGE SUBDIVISION s DN wvA INE ORI VE LEY Ri, LINE lit wilt CHESTERFYELD DRIVE SW1/4 NW1/4CURVE DATA PI STA 12020+57.63 PC STA12017+16.27 SEC. 05-88-2E PT STA 12023+76.35 0 =36°01'08" LT. D .05°27'24.27" T = 341.36' L = 660.08' R = 1.050.00' LEGEND GI; FOUND GAS PIPE • FOUND 5/8" REBAR WITH ORANGE CAP PLS# 15487 ® FOUND RIGHT OF WAY RAIL 0' 10.0' 200' PAGE 1 OF 1