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Kennedy Rd. Warranty DeedsCITY OF DUBUQUE, IOWA MEMORANDUM May 17, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager John F. Kennedy Road -Acceptance of Warranty Deeds Public Works Director Mike Koch is recommending acceptance of Warranty Deeds for right-of-way purchases on John F. Kennedy Road for the reconstruction project scheduled for Fiscal Year 2002. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Michael A. Koch, Public Works Director TO: FROM: SUBJECT: CITY OF DUBUQUE, IOWA MEMORANDUM May 14, 2001 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director John F. Kennedy Road -Acceptance of Warranty Deeds INTRODUCTION Enclosed are resolutions accepting warranty deeds for right-of-way pumhases on John F. Kennedy Road for the reconstruction project scheduled for 2001-2002. DISCUSSION The original right-of-way for John F. Kennedy Road (formerly Bonson Road and Burton Furnace Road) was 50 to 66 feet in width. Over the years, the county had acquired some additional right-of-way up to a width of 72.5 feet. Some acquisitions necessary to widen the right-of-way to a minimum of 66 feet were never finalized during a county improvement project in the 1950's. Enclosed are warranty deeds for parcels needed for the paving project, and to provide necessary grading for the installation of sidewalks. Included are the following warranty deeds: Owner Legal Description Dubuque Community School District Virginia E. Jahnke Janann L. Riley, Elaine Mozena, and Lorraine Bonz Charles J. and Sharon L. Schemmel Carl W. and Debra L. Thumser David M. and Beverly A. Unsen Dennis M. and Susan G. Williams Lot 2-3-1 Helen E. and Mary H. Stewart Subdivision Lot 2-1-1-1-1-1-1-1-1-1-9 NE ¼, Section 16, T89N, R2E Lot 1 Brueck Subdivision Lot 1-2-9 NE ¼ Section 16 Lot 8 Brueck Subdivision Lot 6 Brueck Subdivision Lot 2-2-9 and 2-1-9 NE ¼ Section 16 The City has to negotiate one remaining permanent easement and one acquisition for the project. RECOMMENDATION The City has already purchased the above properties, and the Warranty Deeds should be accepted by the City Council. I would recommend adoption of the enclosed resolutions accepting the deeds. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution accepting the Warranty Deeds. MAK/vjd Prepared by Ronald J. Turner, P.L.S. Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13t~ Street, Dubuque, IA 5200%4864 RESOLUTION NO. 2O9-01 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY (A PART OF LOT 2~3-1 HELEN E. AND MARY H. STEWART SUBDIVISION) ON JOHN F. KENNEDY ROAD TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisition Agreement with the Dubuque Community School District, pursuant to which the Dubuque Community School District agreed to convey a part of Lot 2-3-1 Helen E. and Mary H. Stewart Subdivision, in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, the Dubuque Community School District has executed a conveyance of said property. 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 Warranty Deed from the Dubuque Community School District, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. 2001. Passed, approved and adopted this 21st day of May, 2001. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (319) 589-4270 Tax Address Statement: City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 WARRANTY DEED (Corporate Grantor) For the consideration of Two Thousand Two Hundred Sixteen Dollars and 00/100 ($2,216.00) Dollar(s) and other valuable consideration, the Dubuque Community School District, a corporation organized and existing under the laws of Iowa, does hereby convey to the City of Dubuque, Iowa the following described rea[ estate in Dubuque County, Iowa: A part of Lot 2 of 3 of 1 of Helen E. and Mary H. Stewar[ Subdivision in the City of Dubuque, Dubuque County, Iowa, more particularly described as foltows: Commencing at a point of reference at the northeast corner of Lot 2 of 3 of 1 of Helen E. and Mary H. Stewart Subdivision in the City of Dubuque, Dubuque County, Iowa, said point being the point of beginning; Thence S 58°26'15"E 607.27 feet along the northerly line of said Lot 2 of 3 of 1 {this is an assumed bearing for this description only); Thence S 72°23'10#E 227.13 feet continuing along said northerly line to the northeasterly corner of said Lot 2 of 3 of 1; Thence S 01°55'55~E 23.28 feet along the easterly line of said Lot 2 of 3 of 1 to a point of intersection with the existing right-of-way easement line for John F. Kennedy Road; Thence N 68°08'50"W 425.90 feet along said right-of-way line to a point; Thence N 68°07'45"W 67.44- feet to a point of curvature; Thence northwesterly 153.08 feet along a 852.21 foot radius curve concave northeasterly (chord N 63°01'40"W 152.87') to a point of intersection with the easterly line of Lot 1 of 3 of 1 of said subdivision; Thence N 29°51'25#E 10.89 feet along said easterly line to the northeasterly corner of said Lot 1of 3of 1; Thence northwesterly 192.36 feet alqng a 988.60 foot radius curve, concave northeasterly (chord N 49°48'20"W 192.06') to a point of tangency; Thence N 43°52'00"W 11.55 feet to the northwesterly corner of said Lot 1 of 3 of 1; Thence N 29047'20#E 17.4-6 feet along the westerly llne of Lot 2 of 3 of 1 of said subdivision to the point of beginning, containing 25,674 square feet, more or less, and is subject to easements of record and not of record. The Corporation hereby covenants with Grantees, and successors in interest, that it holds the real estate by title in fee simple; that it has good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances, except as may be above stated; and [ts covenants to warrant and defend the real estate against the lawful claims of all persons, except as may be above stated. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, according to the context. Dated: March 12, 2001 By: /s/ Edward Zaccaro, Board President Edward Zaccaro, Board Presiden~ By: /s/ Joni Lucas, Board Secretary ~ni Lucas, Board Secretary % Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13t~ Street, Dubuque, IA 52001-4864 RESOLUTION NO.210-01 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY (LOT 2-1-1-1-1-1-1-1-1-1-9 NE ¼, SECTION 16, T89N, R2E) ON JOHN F. KENNEDY ROAD TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisition Agreement with Virginia E. Jahnke, pursuant to which Virginia E. Jahnke agreed to convey a part of Lot 2-1-1-1-1-1-1-1-1-1-9 NE %, Section 16, T89N, R2E, in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Virginia E. Jahnke has executed a conveyance of said property. 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 Warranty Deed from Virginia E. Jahnke, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. 2001. Passed, approved and adopted this Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52007 {319) 559-4270 Tax Address Statement: City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 5£001 WARRANTY DEED For the consideration of Two Thousand Five Hundred Eight Dollars and 75/100 ($2,508.75} DolIar(s) and other valuable consideration, Virginia E. Jahnke, do hereby convey to the City of Dubuque, Iowa the following described reaI estate in Dubuque County, Iowa: A par~ of Lot 2-1-1-1-1-1-1-1-1-1-9 of the Northeast Quarter (NE ¼) of Section 16, T89N, R2E, 5'~ P.M. in the City of Dubuque, Dubuque County, Iowa, more particularly described as Commencing at a point of reference at the southeast corner of Lot 2-1-1-1-1-1-1-1-1-1-9 of the Northeast Quarter of Section 16, T89N, R2E, 5th P.M. in the City of Dubuque, Dubuque County, Iowa. said point being the point of beginning; Thence S 67°03'55"W 33.00 feet along the southerly line of said Lot; Thence N 22°50'35"W 42.70 feet to a point of curvature; Thence northwesterly 74.50 feet along a 1,014.78 foot radius curve, concave southwesterly, (chord N24°56'50"W 74.4*9 feet) to a point of intersection with the northerly line of said Lot and southerly dght-of-way line of State Highway 32; Thence N 52°56'22"E 35.83 feet to the northeasterly corner of said Lot; Thence S 22°50'35"E 119.72 feet along the easterly line of said Lot to the point of beginning, containing 3,980 square feet, more or less, and is subject to easements of record and not of record. This land is being acquired for pubtic purposes and a Declaratlon of Value is not required according to Iowa Code Section 428A.1. GrEntors do hereby covenant with Grantees, and successors in interest, that Grantors hold the real estate by title in fee simple; that is has good and lawful authority to seiI and convey the real estate; that the real estate is free and clear of ali liens and encumbrances, except as may be above stated; and Grantors Covenant to Warrant and Defend the real estate against the )awful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes ail 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. .... Virginia E. Jahnke State of Iowa ) Dubuque County )ss Prepcred By: Ron Turner COuS7 ~ ncCO~=~. 50 Wes( !3th St, Duou~deTl~lO~-389-4270 CITY OF DUBUQUE ACQUISITION PLAT COUNTY Dubuque PARCEL N0.10-16-277-002 JO8 NO.6 PROJECT John F. Kermed¥ Road SECTION 16 _TWP 89N RANGE 2E ROW-FEE 3980 EXIST. ROAD 2970 PERM. EASEM'T LEGAL DESCRIPTION: Lot 2-1-1-1-1-1-1-1-1-1-9 NE 1/4 Sec. 16, T89N,R2E 0 W N E R Virgina E. Jahnke Len~ = 7450' ~ord Brg. = N24° 56' 50" W Chord = 74.49' Lot 8 Brueck Subdivision LEGEND -- PROPERTY LINE ~. FOUND IRON RO0 o FOUND IRON PiPE O SET 5/8" REBAR -- --- ~SEMENT LINE x PLACED CUT "X" R.O.W R[GHT OF WAY Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO, 211-01 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY (A PART OF LOT 1 BRUECK SUBDIVISION) ON JOHN F. KENNEDY ROAD TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisition Agreement with Janann L. Riley, Elaine Mozena, and Lorraine Bonz, pursuant to which Janann L. Riley, Elaine Mozena, and Lorraine Bonz agreed to convey a part of Lot 1 Brueck Subdivision, in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Janann L. Riley, Elaine Mozena, and Lorraine Bonz have executed a conveyance of said property. 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 Warranty Deed from Janann L. Riley, Elaine Mozena, and Lorraine Bonz, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. 2001. Passed, approved and adopted this 21st day of May, 2001. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, iowa 52001 (3191 589 4270 Address Tax Statement: City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 WARRANTY DEED For the consideration of Eighteen Hundred Dollars and 00/100 ($1,800.00) Dollar(s) and other valuable consideration, Lorraine Bonz, Elaine M. Mozena, and Janann L. Riley, do hereby convey to the City of Dubuque, Iowa the following described real estate in Dubuque County, Iowa: A part of Lot 1 of Srueck Subdivision in the City of Dubuque, Dubuque County, Iowa, more particularly described as follows: Commencing at a point of reference at the no~hwesterly corner of Lot 1 of Brueck Subdivision in the City of Dubuque, Dubuque County, Iowa, said point being the point of beginning; Thence N 67°01'10"E 33.00 feet aIong the northerly line of said Lot 1; Thence S 22°50'35"E 99.97 feet along a line parallel to the westerly line of said Lot I to a point of intersection with the southerly line of said Lot; Thence S 67°01'10"W 33.00 feet along said southerIy line to the southwest corner of said Lot 1; Thence N 22°50'35"W 99.97 feet along the westerly line of said Lot 1 to the point of beginning, containing 3,299 square feet, more or less, subject to easements of record and not of Note: For purposes of this description the westedy line of Lot 1 of Srueck Subdivision is assumed to bear N 22°50'35"W. This land is being acquired for public purposes and a Declaration of Value is n uired n~ed according to Iowa Code Section 428A.1. Grantors do hereby covenant with Grantees, and successors in interest, that G the real estate by title in fee simpte; that is has good and lawful authority to sell and'convey the rea[ estate; that the real estate is free and clear of all Mens and encumbrances, except as rflay be above stated; and Grantors Covenant to Warrant and Defend the real estate against the lawful claims of persons except as may be above stated. Each of the undersigned hereby relinquishes al~ rights of dower, homestead and distributive share in and to the rea[ estate. Words and phrases herein, inctuding acknowledgment hereof, shaJJ be construed as in the singutar or plural number, and as masculine or feminine gender, according to the context. Dated: Jan 24, 2001 By: /s/ Lorraine Bonz By: /s/ Elaine M. Mozena By: /s/ Janaan L. Riley State of lowa Dubuque County On this 24th day of May, 2001 before me, the undersigned, a Notary Pub 'c in and for said-state, personally appeared Lorraine Bonz, Elaine M. Mozena, and Janann L. Riley, to me /s/ Ronald J. Turner, Notary Public in and for said County. Nbt~y P~lb ~ ~ For Said County 50 West 13th St. OubuaueJA 52001 COUNTY RECO~'2ER CITY OF DUBUQUE ACQUISITION PLAT COUNTY Dubuque PARCEL NO. 10-16-279-013 JOB ND.Il PROJECT John F, Kennedv Road SECTION i6 TWP 89N RANGE 2E__ ROW-FEE 3299 .EXIST. ROAD :2499 PERM. EASEM'T LEGAL DESCRIPTION: Lot 1 Brueck Subdivision Ln the City of Dubuque OWNER Bonz, MozCna, PJle¥ NORTH \ Lot 2 Brueck Subdivision Lot 1 Brueck Subdivision Lot 1 Aird Place LEGEND PROPER/Y LINE FOUND IRON ROD FOUND IRON PIPE SET 5/8" REBAR EASEMENT LINE 1. Do(e of Survey: November 2000 Prepared by: Michael A, Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. 212-01 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY (A PART OF LOT 1-2-9 NE ¼ SECTION 16) ON JOHN F. KENNEDY ROAD TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisition Agreement with Charles J. and Sharon L. Schemmel, pursuant to which Charles J. and Sharon L. Schemmel agreed to convey a part of Lot 1-2-9 NE ¼ Section 16, in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Charles J. and Sharon L. Schemmel have executed a conveyance of said property. 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 Warranty Deed from Charles J. and Sharon L. Schemmel, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 21st day of May, 2001. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, iowa 52001 (319) 589-4270 Tax Address Statement: City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 WARRANTY DEED For the consideration of One Thousand Six Hundred Sixty-Five Dollars and 00/100 ($1,665.00) Dollar(si and other valuable consideration, Charles J. Schemmel and Sharon L. Schemmel, do hereby convey to the City of Dubuque, Iowa the following described rea[ estate in Dubuque County, Iowa: A part of Lot 1 of 2 of 9 of the Northeast Quarter (NE ¼) of Section 16, T89N, R2E, 5~h P.M. in the City of Dubuque, Dubuque Countyl Iowa, more particularly described as follows: Commencing at a point of reference at the southeast corner of Lot 1 of 2 of 9 of the NE ~ of Section 16, T89N, R2E, 5th P.M. in the City of Dubuque, Dubuque County, iowa, said point being the point of beginning; Thence S 67°03'55"W 33.00 feet along the southerly line of said Lot 1 of 2 of 9; Thence N 22°50'35#W 115.01 feet along a line parallel to the easterly line of said Lot I of 2 of 9 to a point of intersection with the northerly line of said Lot; Thence N 67°03'55"E 33.00 feet along said northerly line to the northeast corner of said Lot 1 of 2ofg; Thence S 22050'35"E 115.01 feet along the easterly line of said Lot 1 of 2 of 9 to the point of beginning, containing 3,795 square feet, more or less, and is subject to easements of record and not of record.. NOTE: The easterly line Of Lot 1 of 2 of 9 of the NE ¼ of Section 16, T89N; R2E, 5~ P.M., Dubuque County, Iowa, is assumed to bear N 22°50'35"W for purposes of this descriptibn only. The additional amount of $425.75, as agreed to by contract, is paid as severance damages to the remaining property and is not subject to real estate transfer tax. This land is being acquired for public purposes and a Declaration of Value is not required according to Iowa Code Section 428A.1. Grantors do hereby covenant with Grantees, and successors in interest, that Grantors hold the real estate by title in fee simple; that is has good and lawful authority to sell and convey the real estate; that the real estate is free and clear of ali liens and encumbrances, except as may be above stated; and Grantors Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. Each of 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: March 3, 2001 /s/ Charles J. Schemmel ' /s/ Sharon L.. Schemmel State of Iowa ss: ) Dubuque County On this 3rd day of March, 2001, before me, the undersigned, a Notary Public in and for said state, personally appeared Charles J. Schemmel and Shar Schemmel, to me personally known to be the identical persons named in and who~zC~d~~exe he for lng instrument and acknowledge that they executed the same as their voluntary ;fl deed. ~ /s/ Ronald J. Turner Notary Public In and For Said County 53 ',','est 13th St Oub,~cue.!A CITY OF DUBUQUE ACQUISITION PLAT COUNTY Dubuque PARCEL NO.10-16-277-003 JOB NO. t2 PROJECT.fohnF. KennedvRoad SECTION 16 TWP 89N RANGE2E ROW-FEE 3795 EXIST. ROAD 2875 PERM. EASEM'T LEGAL DESCRIPTION: Lot I-2-9 NE 1/4 Sec. 16 T89N, R2E, 5th P.M. OWNER Charles J. & Sharon L. Schemmel o~o 6o ' Lot 2-I-l-1-1ot-1-I-I-1-9 NE i/4 Sec. i6 Lot 1-2-9 NE 1/4 Sec. 16 Brueck Subdivision \~ Lot 7 ~ Br~eck Subdivision LEG£ND PROPERTY LfNE · FOUND IRON ROD O SET 5/8' REBAR Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13t~ Street, Dubuque, IA 52001-4864 RESOLUTION NO. 213-01 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY (A PART OF LOT 8 BRUECK SUBDIVISION) ON JOHN F. KENNEDY ROAD TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisition Agreement with the Carl W. and Debra L. Thumser, pursuant to which the Carl W. and Debra L. Thumser agreed to convey a part of Lot 8 Brueck Subdivision, in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Carl W. and Debra L. Thumser have executed a conveyance of said property. 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 Warranty Deed from Carl W. and Debra L. Thumser, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. 2001. Passed, approved and adopted this 21st day of May, 2001. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk PreDated By: Ron Turner 50 West 13th St. Dubuaue,lA 52001 Ph:519-58g-~-270 CITY OF DUBUQUE ACQUISITION PLAT COUNTY Dubuque PARCEL N0.10-16-279-00i JOB NO.13 PROJEC'EJohn F. Kennedy Road .SECTION 16 TWP 89N RANGE 2E ROW-FEE 1391 _EXIST. ROAD PERM. EASEM'T LEGAL DESCRIPTION: Baiance of Lot g Brueck Subdivision in the City of Dubuque, Ia OWNER Carl W. and Debra L. Thumser A NORTH 20 40 St. Lot 9 Brueck Lot 8 ~ Brueck Subd'n. Lot 7 ' Bmcck LEGEND · ~,e,z,s ed 02/01/01 Prepared by: Ronald J, Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (3191 589 4270 Tax Address S~atemenl:; City of Dubuque, 50 W. 13~h Street, Dubuque, Iowa 52001 WARRANTY DEED For the consideration of Two Thousand Eight Hundred Nineteen and 25/100 Dollar(s) ($2,819.25} and other valuable consideration, Carl W. Thumser and Debra L. Thumser, do hereby convey to the City of Dubuque, Iowa the following described real estate in Dubuque County, iowa; A part of Lot 8 of 8rueck Subdivision, except that part acquired for right-of-way, in the City of Dubuque, Dubuque County, iowa, more particularly described as follows: Commencing at a point of reference at the southeast corner of Lot S of Brueck Subdivision in the City of Dubuque, Iowa; Thence S 83°18'25"W 87,38 feet along the southerly fine of said Lot 8 to a point of intersection with the easterly right-of-way line of John F. Kennedy Road, said point being the point of beginning; Thence N 23°19'50"W 182.43 feet along said easterly right-of-way line to a point of intersection with the southerly right-of-way line of West 32~ Street; Thence N 83°13'50#E 3.99 feet along said southerly right-of-way line; Thence southeasterly 111.22 feet along a 1,080.78 foot radius curve, concave southwesterly, (chord S 25°47'30"E 111.17 feet) to a point of tangency; Thence S 22°50'35"E 72.61 feet to a point of intersection with the south line of said Lot 8; Thence S 83°18'25"W 8.33 feet along said south line to the point of beginning,.containing 1,391 square feet, more or Jess, and is subject to easements of record and not of record. The additional amount of $400.00, as agreed by contract, is paid as severance damages to the remaining property and is not subject to real estate transfer tax. This land is being acquired for pubtic purposes and a Declaration of Value is not required according to iowa Code Section 428A. 1, Grantors do hereby covenant with Grantees, and successors in interest, that Grantors hold the real estate by title in fee simple; that is has good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances, except as may be above stated; and Grantors Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes ell 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: Feb. 28, 2001 /s/ Carl W. Thumser /s/ Debra L. Thumser State of Iowa Dubuque County )ss On this 28th day of Feb. 2001, before me, the undersigned, a Notary Public in and for said state, personally appeared Carl W. Thumser and Debra L. Thumser, to me personally known to be the identical persons named in and who executed the fore Ding instrument and acknowledge that they executed the same as their voluntary act and deed. ./s/ Ronald J. Turner, Notary Public In and for Said County Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13t~ Street, Dubuque, IA 520014864 RESOLUTION NO. 214-01 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY (A PART OF LOT 6 BRUECK SUBDIVISION) ON JOHN F. KENNEDY ROAD TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisition Agreement with the David M. and Beverly A. Unsen, pursuant to which David M. and Beverly A. Unsen agreed to convey a part of Lot 6 Brueck Subdivision, in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, David M. and Beverly A. Unsen have executed a conveyance of said property. 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 Warranty Deed from David M. and Beverly A. Unsen, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. 2001. Passed, approved and adopted this 21st day of May, 2001. Terrance M. Duggan, Mayor Attest: Karen M. Chesterman, Deputy City Clerk Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuquej Iowa 52001 (319) 5894270 Tax Address Statement: City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 WARRANTY DEED For the consideration of One Thousand Four Hundred Three Dollars and 00/1 O0 ($1,403.00) Dollar(s) and other valuable consideration, David M. Unsen and Beverly A. Unsen, do hereby convey to the City of Dubuque, iowa the following described real estate in Dubuque County, Iowa: A par~ of Lot 6 of Brueck Subdivision in the City of Dubuque, Dubuque County, Iowa, more pa~icularly described as follows: Commencing at a point of reference at the no~hwesterly corner of Lot 6 of Brueck Subdivision in the City of Dubuque, Dubuque County, iowa, said point being the point of beginning; Thence N 67°04'05"E 33.00 feet along the northerly line of said Lot 6; Thence S 22°50'35"E 100.00 feet along a line parallel to the westerly line of said Lot S to a point of intersection with the southerly tine of said Lot; Thence S 07°04'05"W 33.00 feet along said southerly line to the southwest corner of said Lot 6; Thence N 22°50'35"W 100.00 feet along the westedy tine of said Lot 6 to the point of beginning, containing 3,300 square feet, more or less, and is subject to easements of record and not of record. NOTE: The westerly tine of Lot 6 of Brueck Subdivision is assumed to bear N 22°50'35"W for purposes of this description only. The additional amount of $772.00, as agreed to by contract, is paid as severanbe damages to the remaining proper~y and is not subject to real estate transfer tax. This land is being acquired for public purposes and a Declaration of Value is not required according to Iowa Code Section 428A.1. Grantors do hereby covenant with Grantees, and successors in interest, that Grantors hold the real estate by title in fee simple; that is has good and Iawful authority to sell and convey the real estate; that the real estate is free and clear of alt liens and encumbrances, except as may be above stated; and Grantors Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. Each of 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, sha]l be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated: March 3, 2001 - David M. Unsen Beverly A. Unsen State of Iowa Dubuque County )ss On this 3rd day of March, 2001, before me, the undersigned, a Notary Public in and for said state, personally appeared David M. Unsen and Beverly Unsen, to me personally known to be the identical persons named in and who executed the f oing instru nt nd acknowledge that they executed the same as their voluntary act and deed. Ronald J. Turner Notary Pu'blic In and For Said County CITY OF DUBUQUE AOOU':~!T!ON COUNTY Dubuque PARCEL NO.t0-t6-279-008 PROJECTJohn F. Kennedy Road SECTION I6 TWP 89N ROW-FEE 33_0OSF .EXIST. ROAD2500SF LEGAL DESCRIPTION: Lot 6 Bmeck Subdivision OWNER David M. and Beverly A. Unsen JOB NO.I4 RANGE2E PERM. EASEM'T Lo: 7 Bm~zk Subdivision Lo£ 5 B mzcck Subdlvzslon LEGEND Prepared by: Michael A. Koch, Public Works Dire~or Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION N0. 215-01 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY (A PART OF LOT 2-2-9 AND 2-1-9 NE ¼ SECTION 16) ON JOHN F. KENNEDY ROAD TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisition Agreement with the Dennis M. and Susan G. Williams, pursuant to which Dennis M. and Susan G. Williams agreed to convey a part of Lot 2-2-9 and 2-1-9 NE ¼ Section 16, in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Dennis M. and Susan G. Williams have executed a conveyance of said property. 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 Warranty Deed from Dennis M. and Susan G. Williams, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. 2001. Passed, approved and adopted this 21st day of May, 2001. Terrance M. Duggan,Mayor Attest: Karen M. Chesterman, Deputy City Clerk Prepared by: Ronald J. Turner, City of Dubuque, 50 W, 13~h StreeT, Dubuque, Iowa 52001 {319) 589-4270 Tax Address StatemenT: City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 WARRANTY DEED For the consideration of One Thousand Thr~e Hundred Forty-Eight Dollars and 00/100 ($1,348.00) Dollar(s) and other valuable consideration, Dennis M. W[Iliams and Susan G. Williams, do hereby convey to the City of Dubuque, Iowa the following described real estate in Dubuque County, Iowa: A part of Lot 2 of 2 of 9 of the Northeast Quarter {NE ~/~) of Section 16, TsgN, Rg5, 5 P.M. in the City of Dubuque, Dubuque County, Iowa, more particularly described as folIows: Commencing at a point of reference at the southeast corner of Lot 2 of 2 of 9 of the NE ¼ of Section 16, T89N, R2E, 5~ P.M. in the City of Dubuque, Dubuque County, Iowa, said point being the point of beginning; Thence S 67°06'40"W 33.00 feet along the southerly line of said Lot 2 of 2 of 9; Thence N 22°50'35"W 35.11 feet along a line parallel to the easterly line of said Lot 2 of 2 of 9 to a point of intersection with the northerly line of said Lot; Thence N 67°03'55"E 33.00 feet along said northerly line to the northeast corner of said Lot 2of 2cig; Thence S 22°50'35"E 35.14 feet along the easterly line of said Lot 2 of 2 of 9 to the point of beginning, containing 1;159 square feet, more or less, and is subject to easements of record and not of record. AND, A part of Lot 2 of 1 of 9 of the Northeast Quarter (NE ¼) of Section 16, T89N, R25, 5 P:M. in the City of Dubuque, Dubuque County, Iowa, more particularly described as follows: Commencing at a point of reference at the southeast corner of Lot 2 of 1 of 9 of the NE of Section 16, T89N, R2E, 5® P.M, in the City of Dubuque, Dubuque County, Iowa, said point being the point of beginning; Thence S 67°06'40'W 33.00 feet atoqg the southerly line of said Lot 2 of I of 9; Thence N 22°50'35"W 50.00 feet along a Iine parallel to the easterly tine of said Lot 2 of 1 of 9 to a point of intersection with the northerIy line of said Lot; Thence N 67°06'40"E 33.00 feet along said northerly line to the northeast corner of said Lot 2of 1 of 9; Thence S 22°50'35"E 50.00 feet along the easterly Iine of said Lot 2 of 1 of 9 to the point of beginning, containing 1,650 square feet, more or less, and is subject to easements of record and not of record. NOTE: The easterly line of Lot 2 of 1 of 9 of the NE ¼ of Section 16, T89N, R2E, 5th P.M., Dubuque County, Iowa, is assumed to bear N 22°50'35"W for purposes of these descriptions only. Thee additional amount of $184.25, as agreed to by contract, is paid as severance damages to the remaining property and is not subject to reaI estate transfer tax. This land is being acquired for public purposes and a DecIaration of Value is not required according to Iowa Code Section 428A.1. Grantors do hereby covenant with Grantees, and successors in interest, that Grantors hoId the reaI estate by title in fee simple; that is has good and lawfu{ authority to soil and convey the reaI estate; that the real estate is free and clear of all liens and encumbrances, except as may be above stated; and Grantors Covenant to Warrant and Defend the real estate against the lawful claims of persons except as may be above stated. Each of the undersigned hereby relinquishes ail 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: 2-23-01 /s/ Dennis M. Williams /s/ Susan G. Williams State of Iowa ) Dubuque County )ss On this 23rd day of Feb. 2001, before me, the undersigned, a Notary Public in and for said state, personally appeared Dennis M. Williams and Susan G. Williams, to me personally known to be the identical persons named in and who executed the foregoing instrument and acknowledge that they executed the same as their volun~ary.~nd dee.~ /s/ Ronald J. Turner Notary~PublJc In and For Said County ~,~IMR I ANIO:I3 Preocred ~,/: RO~ Turner 50 West !3th St. Oubu ..... ~-~.~f~ ,~ .270 CITY OF DUBUQUE ACQUISITION PLAT COUNTY Dubuque PARCEL NO.10-16-277-004 JOB NO.16 PROJECTYoh~ F. ~.er~edv Road SECTION~6 TWP 89N RANOE 2E ROW-FEE 2809 EXIST. ROAD 2128 PERM. EASEM'T LEOAL DESCRIPTION: Lot 2-2-9 ~d Lot 2-1-9 ~q~ 1/4 Sec. 16 OWNER Den~s M. ~d Susa~ 0. W~ams L£OEND