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Acceptance of Quit Claim Deed from James B. Gansen and Mary L. Gansen, and Robert J. Flanagan and Tina M. FlanaganCity of Dubuque City Council Meeting Consent Items # 016. Copyrighted June 20, 2023 ITEM TITLE: Acceptance of Quit Claim Deed from James B. Gansen and Mary L. Gansen, and Robert J. Flanagan and Tina M. Flanagan SUMMARY: City Manager recommending City Council accept the Quit Claim Deeds from James B. Gansen and Mary L. Gansen, and Robert J. Flanagan and Tina M. Flanagan, releasing their interest in the originally located access easements over Part of Lot 1 of JQ Acres, Dubuque County, Iowa, through the adoption of the attached resolution. RESOLUTION Accepting Quit Claim Deeds from James B. Gansen and Mary L. Gansen, and Robert J. Flanagan and Tina M. Flanagan, for certain easements across Part of Lot 1 of JQ Acres, Dubuque County, I owa SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: FIN ik[91:ILyil21zIII l+] Description Type MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions Quit Claim Gansen Supporting Documentation Quit Claim Flanagan Supporting Documentation Area Map Supporting Documentation THE C Dubuque DUjIBQTE WAWca 914 Masterpiece on the Mississippi YP pp aoo�•o 13 z0i7*20*�oi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of Quit Claim Deed from James B. Gansen and Mary L. Gansen, and Robert J. Flanagan and Tina M. Flanagan DATE: June 13, 2023 City Engineer Gus Psihoyos is recommending City Council accept the Quit Claim Deeds from James B. Gansen and Mary L. Gansen, and Robert J. Flanagan and Tina M. Flanagan, releasing their interest in the originally located access easements over Part of Lot 1 of JQ Acres, Dubuque County, Iowa, through the adoption of the attached resolution. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv Attachment CC' Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Nate Kieffer, Land Surveyor THE COF DUi! B E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer DATE: June 12, 2023 Dubuque AI•MeNea aqr w1e�,u�, irxs.r 2007-2012.2013 2017*2019 SUBJECT: Acceptance of Quit Claim Deed from James B. Gansen and Mary L. Gansen, and Robert J. Flanagan and Tina M. Flanagan INTRODUCTION The purpose of this memorandum is to seek acceptance of Quit Claim Deeds from James B. Gansen and Mary L. Gansen, and Robert J. Flanagan and Tina M. Flanagan, releasing their interest in certain easements over Part of Lot 1 of JQ Acres, Dubuque County, Iowa. BACKGROUND The City of Dubuque is the current owner of Lot 1 of JQ Acres which is a 16 acre parcel located along Bellevue Heights Road. The subject property includes a maintenance building and parking lot that serve the EB Lyons Interpretive Center facility (located east of the property) and the Americas State Tree Woodland Walk area (located within the property). The Gansen family was the original owner of the subject property and in 2011 conveyed the land to the Iowa Natural Heritage Foundation. In 2013 the Heritage Foundation deeded the land to the City of Dubuque. Prior to conveying the land to the Heritage Foundation, the Gansen family platted the land and reserved an easement (the 2011 easement) for themselves to get access to and from Bellevue Road for the benefit of another property they owned adjacent to and on the north side of the of subject property. Since 2011, the Gansens have been using the easement area across the subject property to access their property to the north. In 2020, the Gansens sold a portion of the north property to Flanagans, who are also a beneficiary of the 2011 easement. DISCUSSION In recent years, the Iowa Department of Natural Resources has been making trail improvements to the subject property and has inadvertently constructed some trail improvements in the 2013 easement area. In the summer of 2020 the Gansens, after coordination with City and County Engineering staff, relocated their driveway improvements to not conflict with the City trail improvements and to connect to Bellevue Heights Road at a safer location. Per Resolution No. 166-23, the City approved an agreement with the Gansens to relocate the access easement in order to provide the Gansens safer access to Bellevue Heights Road and resolve the issues with the encroaching trail improvements. The agreement requires the City to grant a new access easement and requires Gansens to relinquish their interest in the existing easement. The Flanagans had already signed their easement and quit claim deed documents, so no agreement was required with them. The Gansens and Flanagans have executed the attached Quit Claim Deeds releasing their interest in the originally located access easements over Part of Lot 1 of JQ Acres, Dubuque County, Iowa. The City is concurrently granting the Gansens and Flanagans new access easements for access to Bellevue Heights Road. RECOMMENDATION I would, therefore, recommend that the City Council accept the Quit Claim Deeds from James B. Gansen and Mary L. Gansen, and Robert J. Flanagan and Tina M. Flanagan, releasing their interest in the originally located access easements over Part of Lot 1 of JQ Acres, Dubuque County, Iowa. ACTION TO BE TAKEN I respectfully request that the City Council accept the Quit Claim Deeds from James B. Gansen and Mary L. Gansen, and Robert J. Flanagan and Tina M. Flanagan, releasing their interest in the originally located access easements over Part of Lot 1 of JQ Acres, Dubuque County, Iowa, through the adoption of the attached resolution. Prepared by Nate Kieffer, PE/PLS Pre ared by: Nate Kieffer City of Dubuque, 50 W. 13`h Street Dubu ue IA 52001 563 589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 131" Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 195 - 23 RESOLUTION ACCEPTING QUIT CLAIM DEEDS FROM JAMES B. GANSEN AND MARY L. GANSEN, AND ROBERT J. FLANAGAN AND TINA M. FLANAGAN, FOR CERTAIN EASEMENTS ACROSS PART OF LOT 1 OF JQ ACRES, DUBUQUE COUNTY, IOWA Whereas, James B. Gansen and Mary L. Gansen are the owners of the property legally described as: Lot 2 JQ Acres No. 3, Dubuque County, Iowa, according to the recorded plat thereof; and Whereas, Robert J. Flanagan and Tina M. Flanagan (Gansen) are the owners of the property legally described as-, Lot 1 JQ Acres No, 3, Dubuque County, Iowa, according to the recorded plat thereof; and Whereas, Lot 1 and Lot 2 of JQ Acres No. 3 have access to the public road and right of way of Bellevue Heights Road over the City Property legally described as Lot 1 of JQ Acres, Dubuque, County Iowa, via an existing 66' wide access easement as shown on the final plat of JQ Acres filed as instrument number 2011-00007351 in the Office of the Dubuque County Recorder; and Whereas, James B. Gansen and Mary L. Gansen, and to Robert J. Flanagan and Tina M. Flanagan, and the City of Dubuque have agreed to relocate the existing access easement to a mutually beneficial location; and Whereas, James B. Gansen and Mary L. Gansen, and to Robert J. Flanagan and Tina M. Flanagan have executed the attached Quit Claim Deeds releasing their interest in the said 66' wide access easement as shown on the final plat of JQ Acres filed as instrument number 2011-00007351 in the Office of the Dubuque County Recorder. 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 Deeds from James B. Gansen and Mary L. Gansen, and to Robert J. Flanagan and Tina M, Flanagan, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The City Clerk is hereby authorized to and directed to record this resolution and the Deeds with the Dubuque County Recorder. Passed, approved, and adopted this 2011 day of June, 2023. Bra -M, a nagh, Mayor Attest: Adrienne N. Breitfelder, O Clerk y:'►A7� Doc ID: 011112730005 Type: GEN Kind: DEED WITH RESOLUTION Recorded: 06/21/2023 at 09:22:19 AM Fee Amt: $32.00 Page 1 of 5 Revenue Tax: $0.00 Dubuque County Iowa Karol Kennedy Recorder File2023_00005767 QUIT CLAIM DEED Return To: The City of Dubuque, 50 West 13'' Street, Dubuque, IA 52001 Taxpayer: The City of Dubuque, 50 West 13`t' Street, Dubuque, IA 52001 Preparer: Brian J. Kane, 2100 Asbury Rd, Ste 2, Dubuque, IA 52001 Phone: (563) 582-7980 For the consideration of one ($1.00) Dollar(s) and other valuable consideration, Robert J. Flanagan and Tina M. Flanagan, husband and wife, do hereby Quit Claim to The City of Dubuque, Iowa, an Iowa municipal corporation, all our right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa: All of our interest in and to and releasing and vacating that certain 66'wide access easement described in that certain Plat of Survey of JQ Acres dated April 22, 2011 and recorded May 24, 2011 as Instrument 2011-00007351 of the records of the Dubuque County Recorder, as located on Lot 1 pursuant to the aforesaid described Plat of Survey. This deed is exempt according to Iowa Code 428A.2(21). 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: January oZ 5 , 2021. Robe J. Flanagan, Grantor kz� 4 ina M. Flanagan, Grantor ®The Iowa State Bar Association 2019 Form No. 106, Quit Claim Deed IowaDocs® Revised February 2019 "9 .1 w STATE OF IOWA, COUNTY OF DUBUQUE This record was acknowledged before me on January 2 5 , 2021, by Robert Flanagan and Tina Flanagan, husband and wife. stoorr tiatusr� Itotrw s.r, Iowa Si ature of Notary Public ®The Iowa State Bar Association 2019 Form No.106, Quit Claim Deed IowaDocs® Revised February 2019 Prepared by: Nate Kieffer. City of Dubuoue, 50 W. 13'h Street, Dubuque. IA 52001 (563) 589-4270 Retum to: Nate Kieffer. City of Dubuque, 50 W. 13t° Street, Dubuoue, IA 52001 (563) 589-4270 RESOLUTION NO. 195 - 23 RESOLUTION ACCEPTING QUIT CLAIM DEEDS FROM JAMES B. GANSEN AND MARY L. GANSEN, AND ROBERT J. FLANAGAN AND TINA M. FLANAGAN, FOR CERTAIN EASEMENTS ACROSS PART OF LOT 1 OF JQ ACRES, DUBUQUE COUNTY, IOWA Whereas, James B. Gansen and Mary L. Gansen are the owners of the property legally described as: Lot 2 JQ Acres No. 3, Dubuque County, Iowa, according to the recorded plat thereof; and Whereas, Robert J. Flanagan and Tina M. Flanagan (Gansen) are the owners of the property legally described as: Lot 1 JQ Acres No. 3, Dubuque County, Iowa, according to the recorded plat thereof; and Whereas, Lot 1 and Lot 2 of JQ Acres No. 3 have access to the public road and right of way of Bellevue Heights Road over the City Property legally described as Lot 1 of JQ Acres, Dubuque, County Iowa, via an existing 66' wide access easement as shown on the final plat of JQ Acres filed as instrument number 2011-00007351 in the Office of the Dubuque County Recorder; and Whereas, James B. Gansen and Mary L. Gansen, and to Robert J. Flanagan and Tina M. Flanagan, and the City of Dubuque have agreed to relocate the existing access easement to a mutually beneficial location; and Whereas, James B. Gansen and Mary L. Gansen, and to Robert J. Flanagan and Tina M. Flanagan have executed the attached Quit Claim Deeds releasing their interest in the said 66' wide access easement as shown on the final plat of JQ Acres filed as instrument number 2011-00007351 in the Office of the Dubuque County Recorder. 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 Deeds from James B. Gansen and Mary L. Gansen, and to Robert J. Flanagan and Tina M. Flanagan, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The City Clerk is hereby authorized to and directed to record this resolution and the Deeds with the Dubuque County Recorder. Passed, approved, and adopted this 201h day of June, 2023. Bra - nagh, Mayor e Attest: Adrienne N. Breitfelder, CiVClerk 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. 195-23 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 21 st day of June, 2023. Adrienne N. Breitfelder, City Clerk QUIT CLAIM DEED Return To: The City of Dubuque, 50 West 13th Street, Dubuque, IA 52001 Taxpayer: The City of Dubuque, 50 West 13d' Street, Dubuque, IA 52001 Preparer: Barry A. Lindahl, 300 Main St., Ste 330, Dubuque, IA 52001 Phone: (563) 589-4381 For the consideration of one ($1.00) Dollar(s) and other valuable consideration, James B. Gansen and and May L. Gansen, husband and wife, do hereby Quit Claim to The City of Dubuque, Iowa, an Iowa municipal corporation, all our right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa: All of our interest in and to and releasing and vacating that certain 66' wide access easement described in that certain Platof Survey of JQ Acres dated April 22, 2011 and recorded May 24, 2011 as Instrument 2011- 00007351 of the records of the Dubuque County Recorder, as located on Lot 1 pursuant to the aforesaid described Plat of Survey. This deed is exempt according to Iowa Code 428A.2(21). 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: June I, 2023. James B. Gansdin, Grantor Mary L. Gansen, Grantor ©The Iowa State Bar Association 2019 Form No. 106, Quit Claim Deed IowaDocs® Revised February 2019 STATE OF IOWA, COUNTY OF DUBUQUE This record was acknowledged before me on June _, 2023, by James B. Gansen and Maly L. Gansen, husband and wife. '011, y DANIEL FLINT DRAKE Y !Commission Number 791267 My Commission Expires • September 20, 2024 Signature of Notary Public ©The Iowa State Bar Association 2019 Form No. 106, Quit Claim Deed IowaDoes® Revised February 2019 �T:arF �SUCIA��� Doc ID: 011112740005 Type: GEN Kind: DEED WITH RESOLUTION Recorded: 06/21/2023 at 09:23:15 AM Fee Amt: $32.00 Page 1 of 5 Revenue Tax: $0.00 Dubuque County Iowa Karol Kennedy Recorder File2023-00005768 QUIT CLAIM DEED Return To: The City of Dubuque, 50 West 131h Street, Dubuque, IA 52001 Taxpayer: The City of Dubuque, 50 West 131h Street, Dubuque, IA 52001 Preparer: Barry A. Lindahl, 300 Main St., Ste 330, Dubuque, IA 52001 Phone: (563) 589-4381 For the consideration of one ($1.00) Dollar(s) and other valuable consideration, James B. Gansen and and Mary L. Gansen, husband and wife, do hereby Quit Claim to The City of Dubuque, Iowa, an Iowa municipal corporation, all our right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa: All of our interest in and to and releasing and vacating that certain 66' wide access easement described in that certain Plat of Survey of JQ Acres dated April 22, 2011 and recorded May 24, 2011 as Instrument 2011- 00007351 of the records of the Dubuque County Recorder, as located on Lot 1 pursuant to the aforesaid described Plat of Survey. This deed is exempt according to Iowa Code 428A.2(21). 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: June Is , 2023. OThe Iowa State Bar Association 2019 IowaDocs® (Nbc4j�v�& Ci E��neer James B. ans n, Grantor Mary L. Gansen, Grantor Form No. 106, Quit Claim Deed Revised February 2019 J 27 STATE OF IOWA, COUNTY OF DUBUQUE This record was acknowledged before me on June , 2023, by James B. Gansen and Mary L. Gansen, husband and wife. r� t r ice_ y DANIEL FLINT DRAKE Signature of Notary Public *I � 791267 September 20, 2E N4 OThe Iowa State Bar Association 2019 Form No. 106, Quit Claim Deed IowaDocs® Revised February 2019 Prepared by: Nate Kieffer. City of Dubuque. 50 W. 131h Street, Dubuque IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13'h Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 195 - 23 RESOLUTION ACCEPTING QUIT CLAIM DEEDS FROM JAMES B. GANSEN AND MARY L. GANSEN, AND ROBERT J. FLANAGAN AND TINA M. FLANAGAN, FOR CERTAIN EASEMENTS ACROSS PART OF LOT 1 OF JQ ACRES, DUBUQUE COUNTY, IOWA Whereas, James B. Gansen and Mary L. Gansen are the owners of the property legally described as: Lot 2 JQ Acres No. 3, Dubuque County, Iowa, according to the recorded plat thereof; and Whereas, Robert J. Flanagan and Tina M. Flanagan (Gansen) are the owners of the property legally described as: Lot 1 JQ Acres No. 3, Dubuque County, Iowa, according to the recorded plat thereof; and Whereas, Lot 1 and Lot 2 of JQ Acres No. 3 have access to the public road and right of way of Bellevue Heights Road over the City Property legally described as Lot 1 of JQ Acres, Dubuque, County Iowa, via an existing 66' wide access easement as shown on the final plat of JQ Acres filed as instrument number 2011-00007351 in the Office of the Dubuque County Recorder; and Whereas, James B. Gansen and Mary L. Gansen, and to Robert J. Flanagan and Tina M. Flanagan, and the City of Dubuque have agreed to relocate the existing access easement to a mutually beneficial location; and Whereas, James B. Gansen and Mary L. Gansen, and to Robert J. Flanagan and Tina M. Flanagan have executed the attached Quit Claim Deeds releasing their interest in the said 66' wide access easement as shown on the final plat of JQ Acres filed as instrument number 2011-00007351 in the Office of the Dubuque County Recorder. 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 Deeds from James B. Gansen and Mary L. Gansen, and to Robert J. Flanagan and Tina M. Flanagan, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The City Clerk is hereby authorized to and directed to record this resolution and the Deeds with the Dubuque County Recorder. Passed, approved, and adopted this 201h day of June, 2023. � 1 Bra ,, nagh, Mayor Attest: 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. 195-23 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 21 st day of June, 2023. a",., 1-7, A�& Adrienne N. Breitfelder, City Clerk THE CITY OF DUB E Masterpiece on the Mississippi Insert Title Insert Subtitle Dubuque All Americalttyj 'III' 20012012. M 2017*2019 DISCLAIMER: This information was Compiled sing the Dubuque Area Geographic Information System (DAGIS), which mewdas 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 = 200 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 100 50 0 100 200 300 Feet Phone: (563) 589-4270 this data or the Inability to use this data or out of any breach of warrantywhat:oeyer. S Fax: (563) 589-4205