Acceptance of Quit Claim Deed from Iowa Department of Transportation Lot B ISAAC Hanna 2nd AdditionCity of Dubuque
City Council Meeting
Consent Items # 011.
Copyrighted
April 1, 2024
ITEM TITLE: Acceptance of Quit Claim Deed from Iowa Department of Transportation
Lot B I SAAC Hanna 2nd Addition
SUMMARY: City Manager recommending City Council acceptance of the Quit Claim
Deed from the State of Iowa, Iowa Department of Transportation (Iowa
DOT) for Lot B ISAAC Hanna 2nd Addition, Dubuque County, Iowa.
RESOLUTION Accepting Quit Claim Deed from State of Iowa, Iowa
Department of Transportation for Lot B Isaac Hanna 2nd Addition,
Dubuque County, Iowa
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description
Type
MVM Memo
City Manager Memo
Staff Memo
Staff Memo
Resolution
Resolutions
Quit Claim
Supporting Documentation
THE CITY OF
Dubuque
DUB TEE1.
All -America City
Masterpiece on the Mississippi
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zoo�•*o 13
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of Quit Claim Deed from Iowa Department of Transportation
Lot B ISAAC Hanna 2nd Addition
DATE: March 27, 2024
Assistant City Engineer Robert Schiesl is recommending City Council acceptance of the
Quit Claim Deed from the State of Iowa, Iowa Department of Transportation (Iowa DOT)
for Lot B ISAAC Hanna 2nd Addition, Dubuque County, Iowa.
When the intersection of US20 and Old Highway Road was reconstructed as part of the
Southwest Arterial / US52 project, the north leg of the intersection was realigned and
constructed on and over a portion Iowa DOT property. As part of the survey and plating
process, the public road right-of-way for the north leg of Old Highway Road was platted
as Lot B ISAAC Hanna 2nd Addition. The Quit Claim Deed for Lot B conveys the Old
Highway public road right-of-way from the State of Iowa, Iowa DOT to the City.
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
Robert Schiesl, Assistant City Engineer
Nate Kieffer, PE/PLS
Wally Wernimont, Planning Services Director
THE COF
DtUB E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer
FROM: Robert Schiesl, Assistant City Engineer
DATE: March 27, 2024
Dubuque
All -America City
Il
2007•2012.2013
2017*2019
SUBJECT: Acceptance of Quit Claim Deed from Iowa Department of Transportation
Lot B ISAAC Hanna 2nd Addition
INTRODUCTION
The purpose of this memorandum is to request City Council acceptance of the Quit
Claim Deed from the State of Iowa, Iowa Department of Transportation (Iowa DOT) for
Lot B ISAAC Hanna 2nd Addition, Dubuque County, Iowa.
BACKGROUND
Now that the Southwest Arterial / US52 project is completed and per the terms of the
Memorandum of Understanding (MOU) and the Transfer of Roadway Jurisdiction (TOJ)
Agreements the City is responsible for the survey and plating the highway access
control right-of-way, plating the interchange locations, plating right-of-way for the
frontage roads, and identifying any potential excess remnant parcels.
When the intersection of US20 and Old Highway road was reconstructed as part of the
Southwest Arterial / US52 project, the north leg of the intersection was realigned and
constructed on and over a portion Iowa DOT property. As part of the survey and plating
process, the public road right-of-way for the north leg of Old Highway road was platted
as Lot B ISAAC Hanna 2nd Addition. The Quit Claim Deed for Lot B conveys the Old
Highway public road right-of-way from the State of Iowa, Iowa DOT to the City.
RECOMMENDATION
I would recommend that the City Council accept the Quit Claim Deed from the State of
Iowa, Iowa DOT for Lot B ISAAC Hanna 2nd Addition, Dubuque County, Iowa.
ACTION TO BE TAKEN
I respectfully request that the City Council accept the Quit Claim Deed from the State of
Iowa, Iowa DOT for Lot B ISAAC Hanna 2nd Addition, Dubuque County, Iowa, through
the adoption of the attached resolution.
cc: Nate Kieffer, PE/PLS
Wally Wernimont, Planning Services Director
FAPROJECTS\SOUTHWEST ARTERIAL\SURVEY - REPLAT CORRIDOR\Isaac Hannah 2nd Addition\Quit Claim Deed
Prepared by: Robert Schiesl CW of Dubuque, 50 W. 13th St. 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. 72 - 24
RESOLUTION ACCEPTING QUIT CLAIM DEED FROM STATE OF IOWA, IOWA
DEPARTMENT OF TRANSPORTATION FOR LOT B ISAAC HANNA 2ND ADDITION,
DUBUQUE COUNTY, IOWA
WHEREAS, the State of Iowa, Iowa Department of Transportation are the
owners of the property legally described as;
Lot B ISAAC Hanna 2nd Addition, Dubuque County, Iowa, according to the
recorded plat thereof; and
WHEREAS, Lot B ISAAC Hanna 2nd Addition was platted as public road right-of-
way for the segment of Old Highway Road, north of the US Highway 20 - Old Highway
Road intersection as shown on the final subdivision plat of ISAAC Hanna 2nd Addition
filed as instrument number 2023-00011059 in the Office of the Dubuque County
Recorder; and
WHEREAS, the State of Iowa, Iowa Department of Transportation has executed
the attached Quit Claim Deed conveying their interest in Lot B ISAAC Hanna 2nd
Addition, Dubuque County, Iowa as filed as instrument number 2024-00001593 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 Deed from State of Iowa, Iowa Department of
Transportation, 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 with the Dubuque County Recorder.
Passed, approved, and adopted this 1st day of April 2024.
Attest: Brad M. gh, Mayor
Adrienne N. Breitfelder, City Clerk
Number: 202400001593
Recorded: 2/29/2024 at 9:42:29.0 AM
County Recording Fee: $27.00
Iowa E-Filing Fee: $3.00
Combined Fee: $30.00
Revenue Tax: $0.00
I(aroll(ennedy, RECORDER
Dubuque County, Iowa
Prepared by/Return to: Sandy Sells, IA Department of Transportation, Right of Way Bureau, 800 Lincoln Way, Ames, IA 50010, 515-239-1731
Address Tax Statement to: Tax Exempt - Iowa Code Section 427.1 City of Dubuque, IA, City Hall, 50 W I Y' Street, Dubuque, IA 52001
GPIOWADOT
STATE OF IOWA
IOWA DEPARTMENT OF TRANSPORTATION
QUITCLAIM DEED
TO CITY OF DUBUQUE, IOWA
The Iowa Department of Transportation, by Scott C. Marler, Director, acting for the State of Iowa by authority
of Iowa Code Section 306.42, hereby quitclaims, grants and conveys unto the City of Dubuque, Iowa, City
Hall, 50 W 131 Street, Dubuque, IA 52001, all rights, easements, title, and interest in all land used as streets
and highway right of way, all roadway, and all right of way and roadway appurtenances thereto, together with
any other lands and interests in land which may have been acquired by prescription and by adverse possession
and by any other title instrument and by the public's use thereof as a public roadway, and any bridges, culverts,
or structures that may be situated thereon, to the following described roadway situated in Dubuque County,
Iowa, to -wit:
That portion of former Primary Road No. US 20, which is now a part of the local municipal street system, and is
described as follows:
A portion of Lot 4, shown as Lot B that contains 7,128 square feet of ISAAC Hanna Subdivision
which is shown and described on Plat of ISAAC Hanna 2"d Addition all of Lot 4 of ISAAC
Hanna Subdivision, Dubuque County, Iowa filed on November, 21, 2023, in the office of
Dubuque County Recorder as File 2023-00011059.
Title and interest to part of the above -described roadway was acquired by the State of Iowa through the
following title instruments filed and recorded in the records of Dubuque County, Iowa.
%'14 SECTIONS
GRANTOR(S) LOTS, BLOCKS
Isaac Hanna, Lot 4 of Isaac Hanna
LLC Subdivision
GENERAL LOCATION
SEC-TWP-RNG TYPE OF
INSTRUMENT
Sec29, T89N, R2E Condemnation
DATE
FILED BOOK PAGE
1/25/2010 2010 00001178
This instrument does not transfer any access rights. All access rights are being retained by the Iowa Department
of Transportation. It transfers only the right of way for the above -described parcel.
This transfer is subject to the rights of all utilities in possession of any right of way and all rights of ingress and
egress whether excepted, reserved, or granted by the transferring authority to land or to owners of land adjacent
to the above -described roadway.
The Grantee for itself, its personal representatives, successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree, as a covenant running with the land, that in the event
facilities are constructed, maintained, or otherwise operated on the said property described in this deed for a
purpose for which a Department of Transportation program or activity is extended or for another purpose
involving the provisions of similar services or benefits, the Grantee shall maintain and operate such facilities
and services in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in
Federally -assisted programs of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act
of 1964, and as said Regulations may be amended.
Dubuque County
Project: NHSN-20-9(144)-2R-31, Parcel 2
That in the event of breach of any of the above nondiscrimination covenants, the Iowa Department of
Transportation, acting for the State of Iowa, shall have the right to re-enter said land and facilities thereon, and
the above -described lands and facilities shall thereupon revert to and vest in and become the absolute property
of Iowa Department of Transportation, acting for the State of Iowa, and its assigns.
Should Grantee elect to dispose of these premises in the future, Grantee acknowledges that these premises were
acquired for highway purposes and therefore any future disposal shall be in accordance with the Iowa Code in
regard to the disposal of highway right of way.
This transaction is exempt from transfer tax and a declaration of value because the State of Iowa is the grantor,
pursuant to Iowa Code Section 428A.2(6).
�/ F9
Signed this 110 day of , 2024
Scott C. Marler, Director
Iowa Department of Transportation
STATE OF IOWA, STORY COUNTY, §:
This instrument was acknowledged before me on -P—(o . ,2 (v , 2024, by Scott C. Marler, as
Director, respectively of Iowa Department of Transportation.
(SEAL) JILL STRUVE
C.OMn*810n Number 768412
O1 June�159:6iM
a[,U
N Public in and for said State of Iowa
Approved as to form:
Shean Fletchall
Assistant Attorney General
Transportation Section Chief
Ay: (Date)
Assistant Attorney Genera
Dubuque County
Project: NHSN-20-9(144)—M-31, Parcel 2
Index Legend
Location:
Lot 4 of ISAAC Hanna Subdivision City of Dubuque, Iowa
Requestor:
City of Dubuque, Iowa
50 W. 13th Street, Dubuque, Iowa 52001
Proprietor:
State of Iowa
Surveyor:
Michael R.Fagle
Company:
AECOM
Michael R. Fagle, 501 Sycamore Street, Suite 222,
Waterloo, Iowa, 50703
Return To
AECOM,mike.fagle@aecom.com-319-874-6595
0 75
N
150 225 300
Scale I" = 150'
Lot I
N. Cor. 32-89-2E
Fro. Mag. Nail/Washer
#12631
Note:
Section Corners and Property
Corners were found during the
design survey for the Dubuque
Southwest Arterial
See Sheet 2 of 2 for lot lines
bearings and distances table and
lot areas
�_CM
Plat of ISAAC Hanna 2nd Addition
all of Lot 4 of ISAAC Hanna Subdivision
in the City of Dubuque, Dubuque County,
State of Iowa
Z0
Lu N
N � �
F N U)
—City of Dubuque
Lot I -A Isaac Hanna
Subdivision Acquisition
Plat 201600004463
Description of ISAAC Hanna 2nd Addition
All of Lot 4 of ISAAC Hanna Subdivision
which is shown on a Final Plat that is
recorded in file 2008-00001840 in the
office of the Dubuque County Recorder.
All in the City of Dubuque, County of Dubuque,
State of Iowa.
Containing 45,440 Square Feet
Sheet I of 2
Doc ID: 011166860007 Type: GEN
Kind: SUBDIVISION PLAT
Recorded: 11/21/2023 at 04:09:22 PM
Fee Amt: $37.00 Pape 1 of 7
Dubuque County Iowa
Karol KennedV Recorder
File2023-00011059
Lot A is Right of Way for the State of Iowa
Lot B Is Right of Way for the City of Dubuque
Lot I will not have access to
Old Highway Road or U.S. Highway 20
0= Set 1/2" X 24" Rebor Yellow Cap #8505
I hereby certify that this Land Surveying
document was prepared by me or under
my direct personal supervision and
`" IANDf"'.
that I am a duly Licensed Land Surveyor
"""• off` a,}-
uMe,- ne State of lava.
`,•..�2,,'�°:
h. Micnf.'io@%�^�
an�he��l`3vl/��
f � 10-18-2023
5 8505
- esos
MICHAEL R. FAGLE Oate
License number 8505
'"• ip�y� •••'••
My license renewal date is December 31,2024
Pages or sheets covered by this seal:
SHEETS I AND 2 OF 2
Plot of ISAAC Hanna 2nd Addition
all of Lot 4 of ISAAC Hanna Subdivision
in the City of Dubuque, Dubuque County,
State of Iowa
Bead ne/Distance ISAAC Hanna Ind Additinn
1 TO 2
S 86 ° 29 07 E
84.32 '
2 TO 3
N 89 ° 30 38 E
100.24 '
3 TO 4
S 86 ° 29 07 E
150.15 '
4 TO 5
S 26 ° 16 31 W
141.31 '
5 TO 6
S 71 ° 25 19 W
215.13 '
6 TO 1
N 17 ° 59 22 W
219.50 '
Bearing/Distance Lot 1 ISAAC Hanna 2nd Addition
1 TO 7
5 77 ° 07 03 E
163.70 '
7 TO 8
S 35 ° 58 07 E
78.82 '
8 TO 9
S 16 ° 33 53 W
30.85 '
9 TO 10
S 69 ° 18 11 W
101.43 '
10 TO 6
5 38 37 05 W
55.11 '
6 TO 1
N 17 ° 59 22 W
219.50 '
Bearing/Distance Lot A ISAAC Hanna 2nd Addition
6 TO 10
N 38 37 ' 05 E
55.11 '
10 TO 9
N 69 18 ' 11 E
101.43 '
9 TO 8
N 16 ° 33 53 E
30.85 '
8 TO 7
N 35 ° 58 07 W
78.82 '
7 TO 11
N 90 ° 00 00 E
163.34 '
11 TO 5
S 26 ° 16 31 W
115.68 '
5TO6
rS 71°25 19 W
215.13'
Bearing/Distance Lot B ISAAC Hanna 2nd Addition
1 TO 2
S 86 29 07 E
84.32 '
2 TO 3
N 89 ° 30 38 E
100.24 '
3TO4
5 86 29 07 E
150.15'
4 TO 11
S 26 ° 16 31 W
25.63 '
11 TO 7
S 90 ° 00 00 " W
163.34 '
7 TO 1
N 77 ° 07 03 W
163.70 '
A=COM
Areas
ISAAC Hanna 2nd Addition = 45,440 Square Feet
Lot I = 22,474 Square Feet
Lot A = 15,838 Square Feet
Lot B = 7,128 Square Feet
Sheet 2 of 2
OWNER'S CONSENT
Dubuque, Iowa
November 1 2023
The foregoing Plat of Survey of: Isaac Hanna 2"d Addition, in the City of Dubuque, Dubuque County,
Iowa, is made with the free consent and in accordance with the desires of the undersigned owners and
proprietors of said real estate.
A thirty-foot wide public utility easement is hereby reserved as stated and as shown on Sheet 1 of 2 of
this plat. Said easement shall be for the purpose of constructing and maintaining all existing and future
underground utilities and other appurtenances within said utility easement, along with the right,
privilege, and authority to allow access, construct, reconstruct, maintain, operate, repair, patrol and
remove said facilities, now and in the future. Said easement shall also include the right to cut, trim or
remove trees, bushes and roots as may be required incidental to rights given herein. No structures
shall be erected over or within the utility easement area without obtaining the prior written approval of
the facility owner(s). No change in the grade, elevation, and contour or perform any construction or
excavation over or within the utility easement area that will diminish the integrity of said underground
facilities without obtaining the prior written consent of the facility owner(s).
DEPARTMENT OF TRANSPORTATION
Brd I/e'r, Director of Right -of -Way Bureau
State of Iowa )
) ss:
County of Story
On this I �1 of day November, 2023, before me, a Notary Public in and for the County of Dubuque
and State of Iowa, personally appeared Brad Hofer, to me personally known who, being duly sworn did
say that the said Brad Hofer is the Director of Right -of -Way Bureau for the Iowa Department of
Transportation, and that said instrument was signed and sealed on behalf of the said Iowa Department
of Transportation, and the said Brad Hofer acknowledges the execution of said instrument to be the
voluntary act and deed of said Iowa Department of Transportation, by it voluntarily executed.
SAWDY SELLS
P.—Commissio;, Number 771136
My C Qy�ijon Expires
�o w 9- s � —dv
saG S//
Notary Public in the State of Iowa
My Commission Expires /—/y..a�n;zy
CITY OF DUBUQUE ZONING ADVISORY COMMISSION
Dubuque, Iowa November, 2023
The foregoing Plat of Survey of Isaac Hanna 2"d Addition, in the City of Dubuque, or within the two-
mile jurisdiction of the City of Dubuque, Iowa, as defined under Section 354 of the Code of Iowa, is
hereby approved by the Dubuque Planning and Zoning Advisory Commission and approval of said plat
by the City Council of the City of Dubuque, Dubuque County, Iowa is here by recommended.
City of Dubuque Zoning Advisory Commission
PLANNING SERVICES
Dubuque, Iowa
Chairperson
November N 2023
The foregoing Plat of Survey of Isaac Hanna 2"d Addition, in the City of Dubuque or within the two-
mile jurisdiction of the City of Dubuque, Iowa, as defined under Section 354 of the Code of Iowa, has
been reviewed by the City Planner, (or designee) of the City of Dubuque in accorqpLgce wAne
r 42
of the City of Dubuque Code of Ordinances, and said approval has been end rs herdatfirst written above.�
CITY COUNCIL
Dubuque, Iowa
ly ern o City Planner
nn' ervices Division
City of Dubuque, Iowa
November �2023
The undersigned, Mayor and Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing
Plat of Survey: Isaac Hanna 2"d Addition, in the City of Dubuque, Dubuque County, Iowa, has been
filed in the office of the Clerk of the City of Dubuque, and that by Resolution No. 3V3-d3 , the
Dubuque City Council approved said plat. / _e_
brad M. Cavanagh
Mayor of the City of Dubuque
t�14�"71II.r� ,��a
M,"�CrIA f'r IdN. Sr" co
,4ssis�Clerk of the City of Dubuque
COUNTY AUDITOR
Dubuque, Iowa November, 2023
The foregoing Plat of Survey of: Isaac Hanna 2"d Addition, in the City of Dubuqup,,,0ut1uque G'ownty,
Iowa was entered of record in the office of the Dubuque County Auditor this = of November ,
2023. We approve the subdivision name or title to be recorded.
vin Dragotto
D ' quac,
AucSr
f
CITYASSESSOR
Dubuque, Iowa November o�l �""' 12023
The foregoing Plat of Survey of Isaac Hanna 2"d Addition, in the City of Dubuque, Dubuque County,
Iowa was entered of record in the office of the City Assessor of the City of Dubuque, Iowa, this a'of
November, 2023.
Troy Patzner
Dubuque City Assessor
RECORDER'S CERTIFICATE
Dubuque, Iowa
November 2. 1 5' , 2023
The foregoing Plat of Survey of Isaac Hanna 2"d Addition, in the City of Dubuque, Dubuque County,
Iowa, has been reviewed by the Dubuque County Recorder. *ao6l�
K rol Kenned
Recorder of Dubuque County, Iowa
COUNTY TREASURER
Dubuque, Iowa+ November �2023
I, the undersigned, Michael Clasen, Treasurer of Dubuque County, Iowa, do hereby certify that all taxes
levied against, Lot 4 of Isaac Hanna Subdivision, in the City of Dubuque, Dubuque County, Iowa, have
been paid and said real estate is free and clear of all taxes as of this date. /.
,x Michael dasen
Dubuque County Treasurer
y ,.
Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
Return to: Adrienne Breitfelder, City Clerk Address: City Hall, 50 W. 131h St Telephone: 589-4121
RESOLUTION NO. 383 - 23
A RESOLUTION APPROVING THE PLAT OF SURVEY FOR ISAAC HANNA 2nd
ADDITION IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Plat of Survey ISAAC Hanna
2,1d Addition in the City of Dubuque, Iowa; and
Whereas, said Plat of Survey has been examined by the Zoning Advisory
Commission and its approval has been endorsed thereon; and
Whereas, said Plat of Survey has been examined by the City Council and they
find that it conforms to the statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Plat of Survey for ISAAC Hanna Znd Addition is hereby
approved, and the Mayor and City Clerk are hereby authorized and directed to endorse
the approval of the City of Dubuque, Iowa upon said Plat of Survey.
Passed, approved and adopted this 20"' day of November 2023.
Brad M. Cavana h, ayor
Attest:
Adrienne Breitfelder, Ci y 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. 383-23 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 2151 day of November, 2023.
-11�� "_1 4
Adrienne N. Breitfelder, City Clerk