Acceptance of Quit Claim Deed from Derby Grange, LLC - Rustic Point Lane Right of Way - Rustic Point Estates SubdivisionCity of Dubuque
City Council Meeting
Consent Items # 20.
Copyrighted
February 21, 2022
ITEM TITLE: Acceptance of Quit Claim Deed from Derby Grange, LLC - Rustic Point
Lane Right of Way— Rustic Point Estates Subdivision
SUMMARY: City Manager recommending acceptance of the Quit Claim Deed from
Derby Grange, LLC and dedicate Lot H of Rustic Point Estates to the
public as street right of way for Rustic Point Lane by adoption of a
resolution.
RESOLUTION Accepting a conveyance of property, being Lot H of
Rustic Point Estates in the City of Dubuque, Iowa, from Derby Grange,
LLC and dedication of property as public right of way
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
Acceptance of Quit Claim Deed from Derby Grange,
LLC Rustic Point Lane Right of Way in Rustic Point City Manager Memo
Estates Subdivision-MVM Memo
Staff Memo
Resolution
Quit Claim Deed
Area Map
Staff Memo
Resolutions
Supporting Documentation
Supporting Documentation
THE C
DUjIBQTE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
WAWca 914
ii
2007-2012.2013
2017*2019
SUBJECT: Acceptance of Quit Claim Deed from Derby Grange, LLC
Rustic Point Lane Right of Way — Rustic Point Estates Subdivision
DATE: February 14, 2022
City Engineer Gus Psihoyos is recommending City Council accept the Quit Claim Deed
from Derby Grange, LLC and dedicate Lot H of Rustic Point Estates to the public as
street right of way for Rustic Point Lane by adoption of a resolution.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF
DUB E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: February 14, 2022
Dubuque
AI•Amedea Cihr
2007-2012.2013
2017*2019
SUBJECT: Acceptance of Quit Claim Deed from Derby Grange, LLC
Rustic Point Lane Right of Way — Rustic Point Estates Subdivision
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a Quit Claim Deed from
Derby Grange, LLC for street right-of-way in Rustic Point Estates Subdivision.
BACKGROUND
In 2017 developers Derby Grange LLC started Phase 1 of Rustic Point Estates at the
intersection of JFK Road and Derby Grange Road. The Final Plat of Rustic Point
Estates was recorded as Instrument Number 2017-00011911 in the Dubuque County
Recorder's Office. The Final Plat included certain street lots including Lot B (Derby
Grange Road), Lot C (John F. Kennedy Road), Lot E (Barnwood Lane), Lot F (Wagon
Wheel Lane), and Log G (Sickle Lane), and Lot H (Rustic Point Lane). Per the final
plat, Lots B, C, E, F, and G were dedicated by Derby Grange, LLC to the City of
Dubuque for street and utility purposes. However, the final plat did not include the
dedication of Lot H for street for street and utility purposes. The intent of the Owner,
Derby Grange, LLC, was to dedicate Lot H for street and utility purposes to the City but
it was accidentally omitted in the dedication language of the plat.
DISCUSSION
To correct the omission error, Derby Grange, LLC wishes to now deed Lot H to the City
of Dubuque. Derby Grange, LLC has executed a conveyance of said property via Quit
Claim deed for Lot H of Rustic Point Estates.
RECOMMENDATION
I would, therefore, recommend that the City Council accept the Quit Claim Deed from
Derby Grange, LLC and dedicate Lot H of Rustic Point Estates to the public as street
right of way for Rustic Point Lane.
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolution accepting the Quit Claim Deed
from Derby Grange, LLC and dedicating Lot H of Rustic Point Estates to the public as
street right of way for Rustic Point Lane.
Prepared by Nate Kieffer, PE/PLS
Prepared by: Nate Kieffer City of Dubuoue 50 W. 13" Street Dubuque IA 52001 (563) 589 4270
Return to: Nate Kieffer City of Dubuque 50 W. 13" Street Dubuque IA 52001 (563) 589-4270
RESOLUTION NO. 59-22
A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY, BEING LOT
H OF RUSTIC POINT ESTATES IN THE CITY OF DUBUQUE, IOWA, FROM
DERBY GRANGE, LLC AND DEDICATION OF PROPERTY AS PUBLIC RIGHT
OF WAY
Whereas, the Final Plat of Rustic Point Estates was recorded as Instrument
Number 2017-00011911 in the Dubuque County Recorder's Office; and
Whereas, said Final Plat includes Lot B (Derby Grange Road), Lot C (John
F. Kennedy Road), Lot E (Barnwood Lane), Lot F (Wagon Wheel Lane), and Log
G (Sickle Lane), and Lot H (Rustic Point Lane); and
Whereas, per said Final Plat Lots B, C, E, F, and G were dedicated by Derby
Grange, LLC to the City of Dubuque for street and utility purposes; and
Whereas, said Final Plat did not include the dedication of Lot H for street
for street and utility purposes; and
Whereas, the intent of the Owner, Derby Grange, LLC, was to dedicate Lot
H for street and utility purposes to the City of Dubuque; and
Whereas, Derby Grange, LLC wishes to now deed Lot H to the City of
Dubuque to correct the omission error; and
Whereas, Derby Grange, LLC has executed a conveyance of said property
via Quit Claim deed for Lot H of Rustic Point Estates.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby
approves of, accepts, and consents to the Quit Claim Deed from Derby Grange,
LLC, a copy of which is attached hereto, as required by Iowa Code Section 569.7.
Section 2. Lot H of Rustic Point Estates in the City of Dubuque is hereby
dedicated to public as right of way of Rustic Pointe Lane for street and utility
purposes.
Section 3. The Mayor is hereby authorized and directed to execute and
acknowledge on behalf of the City of Dubuque any instruments in connection
herewith.
Section 4. The City Clerk is hereby authorized to and directed to record
this resolution and the Deed with the Dubuque County Recorder.
Passed, approved and adopted this 21st day of February, 2022.
Brg4Aktavanagh, Mayor
Attest:
''�
Adrienne N. Breitfelder, City Clerk
Doc ID: 010916350005 Type: GEN
Kind: DEED WITH RESOLUTION
Recorded: 02/23/2022 at 02:43:41 PM
Fee Amt: $32.00 Page 1 of 5
Revenue Tax: $0.00
Dubuque County Iowa
John Murphy Recorder
File2022-00002580
Return To: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque, IA 52001, (563) 589-4381
Preparer: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque, IA 52001, (563) 589-4381
Taxpayer: City of Dubuque, 50 W. 131 Street, Dubuque, IA 52001, (563) 690-6000
QUIT CLAIM DEED
For the consideration of Ten and 00/100 Dollars ($10.00), Derby Grange, LLC, an Iowa
Limited Liability Corporation, do hereby Quit Claim to the City of Dubuque, a municipal
corporation all our right, title, interest, estate, claim and demand in the following
described real estate in the City of Dubuque, Iowa:
Lot H of Rustic Point Estates• in the City of Dubuque, Dubuque County,
Iowa, as shown on the Final Plat thereof, recorded on September 26,
2017, as Instrument Number 2017-00011911 in the Office of the Dubuque
County Recorder.
This deed is exempt according to Iowa Code 428A.2(6).
The undersigned hereby relinquishes all rights of dower, homestead and distributive
share in and to the real estate.
Words and phrases herein, including acknowledgment hereof, shall be construed as in
the singular or plural number, and as masculine or feminine gender, according to the
context.
Dated: I - q - 1 0 Z2—
Derby Grange, LLC
Brian D. Riniker, Manager (Grantor)
500
270
�DBacityingiV1eer
UNIVERSAL NOTARY CERTIFICATE
STATE OF :(- wet 1
COUNTY OF SccA?r 1 zo2Z
On this W h day of f, 249+7, before me,
the undersigned, a Notary Public in and for said State,
personally appeared Bric\n R;n kQr to me
personally known, OR _ proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s) acted, exe t d the instrument.
(Notary Seal)
(Sig in blue ink)
DACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE OFFICER(S)
(Title)
IRP SEAL)
AFFIXED
NO SEAL PROCURED
PARTNER(S) _LIMITED _GENERAL
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
WCOL..E IA. L 0 Y IGNER IS REPRESENTING
C*aakpWan Wi mtw t27n'2'@ L1O e L o Y
per„ r7 Com Er.: ,,C' 22. 2=1 (Printhype name) I Sowc
Notary Public in and for State of hAiAa=
UNIVERSAL NOTARY CERTIFICATE
STATE OF
COUNTY OF
On this day of , 2017, before me,
the undersigned, a Notary Public in and for said State,
personally appeared to me
personally known, OR _ proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s) acted, executed the instrument.
(Notary Seal)
(Sign in blue ink)
(Print/type name)
Notary Public in and for State of Iowa
3'ACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE OFFICER(S)
A
(Title)
)RP SEAL)
AFFIXED
NO SEAL PROCURED
PARTNERS) _LIMITED _GENERAL
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
GNER IS REPRESENTING
Bank National
Prepared by: Nate Kieffer City of Dubuque 50 W. 1311 Street Dubuque IA 52001 (563) 589-4270
Return to: Nate Kieffer City of Dubuque 50 W. 131° Street Dubuque IA 52001 (563) 589-4270
RESOLUTION NO. 59-22
A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY, BEING LOT
H OF RUSTIC POINT ESTATES IN THE CITY OF DUBUQUE, IOWA, FROM
DERBY GRANGE, LLC AND DEDICATION OF PROPERTY AS PUBLIC RIGHT
OF WAY
Whereas, the Final Plat of Rustic Point Estates was recorded as Instrument
Number 2017-00011911 in the Dubuque County Recorder's Office; and
Whereas, said Final Plat includes Lot B (Derby Grange Road), Lot C (John
F. Kennedy Road), Lot E (Bamwood Lane), Lot F (Wagon Wheel Lane), and Log
G (Sickle Lane), and Lot H (Rustic Point Lane); and
Whereas, per said Final Plat Lots B, C, E, F, and G were dedicated by Derby
Grange, LLC to the City of Dubuque for street and utility purposes; and
Whereas, said Final Plat did not include the dedication of Lot H for street
for street and utility purposes; and
Whereas, the intent of the Owner, Derby Grange, LLC, was to dedicate Lot
H for street and utility purposes to the City of Dubuque; and
Whereas, Derby Grange, LLC wishes to now deed Lot H to the City of
Dubuque to correct the omission error; and
Whereas, Derby Grange, LLC has executed a conveyance of said property
via Quit Claim deed for Lot H of Rustic Point Estates.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby
approves of, accepts, and consents to the Quit Claim Deed from Derby Grange,
LLC, a copy of which is attached hereto, as required by Iowa Code Section 569.7.
Section 2. Lot H of Rustic Point Estates in the City of Dubuque is hereby
dedicated to public as right of way of Rustic Pointe Lane for street and utility
purposes.
Section 3. The Mayor is hereby authorized and directed to execute and
acknowledge on behalf of the City of Dubuque any instruments in connection
herewith.
Section 4. The City Clerk is hereby authorized to and directed to record
this resolution and the Deed with the Dubuque County Recorder.
Passed, approved and adopted this 21st day of February, 2022.
Br avanagh, Mayor
Attest:
" L(�in✓r uZ. x A'4i4
Adrienne N. Breitfelder, City Clerk
CERTIFICATE of the CITY CLERK
STATE OF IOWA
SS:
COUNTY OF DUBUQUE )
I, Adrienne N. Breitfelder, City Clerk, do hereby certify that I am the duly appointed,
qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such
City 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. 59-22 is a
true and correct copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 22"d day of February, 2022.
Adrienne N. Breitfel er, City Clerk
THE CITY OF
DUB E
Masterpiece on the Mississippi
Insert Title
Insert Subtitle
Dubuque
All Americalttyj
'III'
2001.2012. M
2017*2019
DISCLAIMER: This information was Compiled
using the Dubuque Area Geographic Information System
(DAGIS), which mewdes data Created by both the City of Map Prepared by:
Dubuque and Dubuque County. It is understood that, while Cityof Dubuque
the City of Dubuque and participating agencies utilized the q
lrmost current and actuate information available, DAGIS and 1 inch = 300 feet Engineering Division
s suppliers do not warrant the accuracy or currency of the `n, C
mformat' or data contained herein. The City and pamelpating V V E 50 West 13th Street
agencies shall not be held liable for any direct, Indirect, Incidental, Dubuque, Iowa 52001
consequennal, punitive, or special damages, whether foreseeable or
unforeseeable, arlsIng out of the authorized or unauthorized use of 10050 0 100 200 300 400 Feet Phone: (563) 589-4270
this data or the Inability to use this data or out of any breach of
warrantywhat:oeyer. Fax: (563) 589-4205