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Acceptance of a Quit Claim Deed for Highway Access Rights from Switch Homes, LLCCity of Dubuque City Council CONSENT ITEMS # 7. Copyrighted January 21, 2025 ITEM TITLE: Acceptance of a Quit Claim Deed for Highway Access Rights from Switch Homes, LLC SUMMARY: City Manager recommending City Council acceptance of a Quit Claim Deed from Switch Homes, LLC, conveying their interest in certain highway access rights across part of The Farm Subdivision in the City of Dubuque, Iowa. RESOLUTION Accepting A Quit Claim Deed From Switch Homes, LLC, For Certain Highway Access Rights Across Part Of The Farm Subdivision, In The City Of Dubuque, Iowa SUGGUESTED Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: 1. MVM Memo 2. 1 accept qcd switch homes highway access memo 3. 2 resolution accept qcd switch homes highway access 4. 3 Quit Claim Deed 73+00 01_03_25 signed by switch Page 90 of 740 Dubuque THE CITY OF uFA�a9a av DuBE 13 Masterpiece on the Mississippi zoo�•*o rP PP 2017202019 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of a Quit Claim Deed for Highway Access Rights from Switch Homes, LLC DATE: January 13, 2025 City Engineer Gus Psihoyos is recommending City Council acceptance of a Quit Claim Deed from Switch Homes, LLC, conveying their interest in certain highway access rights across part of The Farm Subdivision in the City of Dubuque, Iowa. I concur with the recommendation and respectfully request Mayor and City Council approval. Y Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Nate Kieffer, PE, PLS Page 91 of 740 THE CITY OF Dubuque DUB E���,�. MI-Ameriea Cib Masterpiece on the Mississippi YP Pp z°°'�° 13 2017*20*2019 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer DATE: January 9, 2025 SUBJECT: Acceptance of a Quit Claim Deed for Highway Access Rights from Switch Homes, LLC INTRODUCTION The purpose of this memorandum is to seek acceptance of a Quit Claim Deed from Switch Homes, LLC, conveying their interest in certain highway access rights across part of The Farm Subdivision in the City of Dubuque, Iowa. BACKGROUND Per City Resolution 132-24 approving and attached to the Final Plat of The Farm dated May 2, 2024, and recorded June 4, 2024, as Instrument 2024-00004916 of the records of the Dubuque County Recorder, Switch Homes, LLC, was to convey to the City of Dubuque all rights of access to the Northwest Arterial at Highway Station 73+00. These rights were originally granted to Lime Rock Springs Co. their and heirs and assigns, by Corrected State Land Patent from the State of Iowa to Lime Rock Springs Co. dated December 14, 2013, and recorded December 19, 2013, as Instrument 2013-00019168 of the records of the Dubuque County Recorder. Switch Homes, LLC is the current owner of the property. As the new subdivision access point on the Northwest Arterial does not align with said Station 73+00 location, it is necessary to eliminate rights to the former access point. The new access point is now a public street which was dedicated to the City of Dubuque and located at the intersection of the Northwest Arterial and Uphill Both Ways Road. Please refer to Exhibit A attached showing the access location at Station 73+00 and the intersection of Northwest Arterial and Uphill Both Ways Road. DISCUSSION Switch Homes, LLC has executed the attached Quit Claim Deed conveying all their interest in said highway access rights to the City of Dubuque. RECOMMENDATION I would, therefore, recommend that the City Council accept the Quit Claim Deed from Switch Homes, LLC conveying all their interest in said highway access rights to the City of Dubuque over part of The Farm Subdivision in the City of Dubuque, Iowa. ACTION TO BE TAKEN I respectfully request that the City Council accept the Quit Claim Deed from Switch Homes, LLC through the adoption of the attached resolution. Prepared by Nate Kieffer, PE,PLS Page 92 of 740 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. 13'h Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 11 - 25 RESOLUTION ACCEPTING A QUIT CLAIM DEED FROM SWITCH HOMES, LLC, FOR CERTAIN HIGHWAY ACCESS RIGHTS ACROSS PART OF THE FARM SUBDIVISION, IN THE CITY OF DUBUQUE, IOWA Whereas, per City Resolution 132-24 approving and attached to the Final Plat of The Farm dated May 2, 2024 and recorded June 4, 2024 as Instrument 2024-00004916 of the records of the Dubuque County Recorder, Switch Homes, LLC, was to convey to the City of Dubuque all rights of access to the Northwest Arterial at Highway Station 73+00 as originally granted to Lime Rock Springs Co. their and heirs and assigns, by Corrected State Land Patent from the State of Iowa to Lime Rock Springs Co. dated December 14, 2013 and recorded December 19, 2013 as Instrument 2013-00019168 of the records of the Dubuque County Recorder; and Whereas, Switch Homes, LLC has executed the attached Quit Claim Deed conveying all of their interest in said highway access rights to the City of Dubuque. 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 Switch Homes, LLC, a copy of which is 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 Deed with the Dubuque County Recorder. Passed, approved and adopted this 21 st day of January, 2025. B d . Cavanagh, Mayor Adrienne N. Breitfelder, City Clerk Return To: Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, IA 52001, (563) 589-4381 Preparer: Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, IA 52001, (563) 589-4381 Taxpayer: City of Dubuque, 50 W. 13'h Street, Dubuque, IA 52001, (563) 690-6000 QUIT CLAIM DEED For the consideration of One and 00/100 Dollars ($1.00), and other valuable consideration, Switch Homes, LLC, an Iowa limited liability Company (Grantor), does hereby Quit Claim to the City of Dubuque, Iowa, an Iowa municipal corporation, all Grantor's right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa: All of Grantor's interest in and to certain highway access rights described in the Corrected State Land Patent from the State of Iowa to Lime Rock Springs Co. dated December 14, 2013 and recorded December 19, 2013 as Instrument 2013-00019168 of the records of the Dubuque County Recorder, as located on the Northwest Arterial at Highway Station 73+00. Said conveyance is in accordance with City Resolution 132-24 approving and attached to the Final Plat of The Farm dated May 2, 2024 and recorded June 4, 2024 as Instrument 2024-00004916 of the records of the Dubuque County Recorder. Said access location is approximately shown on attached Exhibit A. This deed is exempt according to Iowa Code 428A.2(6). Dated: 1131or Switch Homes, LLC, Grantor Matthew ulligan, Manager Page 94 of 740 STATE OF IOWA, COUNTY OF DUBUQUE This record was acknowledged before me on January 3 4 2025 by Matthew Mulligan. �rQi�c s� CHRISTOPHER M. H= ° Commission Number 807872 ? _ My Commission Expires �owP /2 // ZGZ & C /Irlw Signature of N6tary Public Page 95 of 740 i ii Doc ID: 011229140020 Type: GEN Kind: SUBDIVISION PLAT Recorded: 06/04/2024 at 03:05:33 PM Fee Amt: $102.00 Page 1 of 20 Dubuque County Iowa Karol Kennedy Recorder File2024-00004916 LEGAL DESCRIPTION: MOZENA FARM SOUTH AS RECORDED FILE 2WS-00017498 OF THE DUBUQUE COUNTY RECORDER'S OFFICE AND LOT 2 OF DONDELINGER PLACE AS RECORDED FILE 1991-12917 OF THE DUBUQUE COUNTY RECORDER'S OFFICE, ALL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. DESCRIBED AREA CONTAINS 81.33 ACRES AND IS SUBJECT TO EASEMENTS AND OTHER RESTRICTIONS OF RECORD. FINAL PLAT �ut�. J EX H I B IT A xDS,B 4xEx.a r. THE FARM APPROXIMATE LOCATION DUBUQUE, IOWA OF ORIGINAL ACCESS RIGHTS AT STATION 73+00 AS GRANTED IN DOC. # 2013-19168 FOR RECORDER'S USE W LY REmRDER'S INOEK "1 0Q =- O Hs p8 XUF O 3 3 CWRCE WBDQDF S 1011:30892AND1-9.2 QUARTER SECTbN:SE}SEC. 30BNE}SEG 15 CITY:°UCKE DB SUBDMSION: THE FARM B«K: NA DT(S);NA P0.0PRIEOR:SWITCNHOMES,LLC REQUESTED BY: MATT MUL.— FPARFDBY: 300SCNP StTrceLURitZp '1 IA521A0-PHK319.5191i220 L W vtlOtK 1JL J L JI° B r x . 'Y� sM3KaNxF FxPs�m AMR 37 �j 1 � `Yf .� `' '� caxa Mnx. wwssoX< ! Fx9vreacxssM, bxR L__J LF��•\`� -,fy'; .o il` I r«PBBEM:'� I alaa"L" . 72`� •3 F: sM+�xE� I Fxos2oeRmM I '.. �g / D' YrcxNu '� q 1 MPx Pnrc 71 v FnPso a"bs3x" I , I �14 v . ,70 75 . J•'�TpxltD � I I � I I 69 x bV �MPkONMB F �67 rrc w C) i u OUTLOT C 27 \ r\ 6 > ` \ /\ 29 30 OUTLOTD rT \\ i 1 42 q1 1.Ir- \\ � � • � \Y/i 45 46 48 83`\OUTLOTG ii \ f� LOT H i o'-ur o+°jVO 66 65`x — `641 6r3, r1 J JL 1 �•Oxp ER's w � SU801VISN)N BRUKOOWHS BYSERION QUARTER SE SEC. 0 SW}SEC 30 NE SEC. 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LOMMUNI—ARDEWOPENSPACE RWHTOFWAY. S. LOTSAB,ANDCTOBFDEOICATEDTOTHEOTY O—CILF, IA 52003 —2277132 Fxo5,B DREW LOTA &55 On RIG 1— FORSTREETNGHTOFWAY. MATTOP—H-HOMES. PPK LOTB 035 CI NEB"TOFWAY 6. OLRLOTITOHAVEBLANKETWATEBMNNEASEMENT. IOTC 0.29 CITYRIGHTOFWAY 7. ACCEOTONORTHWFSTARTERMLISPROI-B—CFOR --- B LOTS 12-181NC1113NE,19-271NCWSIVE,—LAND Fxox xs B TYPE �IER�TS'�vRpl� —COFSWITCHHOMESOFDUBUQUE. TfE}99Z 6 0i t#�4T6 OUTLOT A �� BRfMR DF�r-- ` M�cnMMR I RxE`MNsnJrx 1No5�A'OBFMRMK x.zs•mnPE ( FFIDI �Fw. 86 PI 4 FxDlis 0 r-- `l\ FxPQ OREAx1/�ES •/ - L TIC MDl.is•0ME xrcxx�BPAHMx �e'L BRADLEY R.GEATER 19828 .oaa#G W p • q LOCATION MAP - NOT TO SCALE APPROVED BY: anaoueuoDE BV. DATE: gTrtST: ❑n PLANNING & EOMNG COMMISSION BY DATE: y ERG �TE —Z -Z14 CKH ENERGY 7DATE U DATE Z S -ate/ ( ED PATE LEGEND Q• SET 3/P O PIPE OPC81982E x SETCMX O SET PK/MAGNAIL FOUNDAS LABELED OPC ORANGE PLASTK UP YPC RPC �- YELLOW PLWTIC UP RED PLASTIC UP OPOSEDBOUNDARY -••-••- -"-' - PROPOSED RIGHTm WAY EKGTNGPROPERTYUNE ---- --- EXISTNG EASEMENT PROPOSED EASEMENT LJ ME — — POSED SETU<KS '" W IRI PREMOUSLY RECORDED AS 3 W OL oU w/�LJ�R:IY�E,. wuwER/w DM �: :M EJRJAx/,"o°Ra Cn 64 0 1 OF 5 5SH S 10200 F:\NKieffer\Projects\Subdivisions\Tiffany Ridge Mozena Farm Switch Homes\Access Restriction Deeding and Platting Dec 2024\Quit Claim\Exhibit A Switch QC.dwg Page 96 of 740 Doc ID: 011314810005 Type: GEN Kind: DEED WITH RESOLUTION Recorded: 01/23/2025 at 10:05:16 AM Fee Amt: $32.00 Page 1 of 5 Revenue Tax: $0.00 Dubuque County Iowa Karol Kennedy Recorder File2025-00000773 Return To: Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, IA 52001, (563) 589-4381 Preparer: Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, IA 52001, (563) 589-4381 Taxpayer: City of Dubuque, 50 W. 13"' Street, Dubuque, IA 52001, (563) 690-6000 QUIT CLAIM DEED For the consideration of One and 00/100 Dollars ($1.00), and other valuable consideration, Switch Homes, LLC, an Iowa limited liability Company (Grantor), does hereby Quit Claim to the City of Dubuque, Iowa, an Iowa municipal corporation, all Grantor's right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa: All of Grantor's interest in and to certain highway access rights described in the Corrected State Land Patent from the State of Iowa to Lime Rock Springs Co. dated December 14, 2013 and recorded December 19, 2013 as Instrument 2013-00019168 of the records of the Dubuque County Recorder, as located on the Northwest Arterial at Highway Station 73+00. Said conveyance is in accordance with City Resolution 132-24 approving and attached to the Final Plat of The Farm dated May 2, 2024 and recorded June 4, 2024 as Instrument 2024-00004916 of the records of the Dubuque County Recorder. Said access location is approximately shown on attached Exhibit A. This deed is exempt according to Iowa Code 428A.2(6). Dated: l 4,31zr Switch Homes, LLC, Grantor 4116 Matthe ulligan, Manager 5jo STATE OF IOWA, COUNTY OF DUBUQUE This record was acknowledged before me on January 4 , 2025 by Matthew Mulligan. A- /PtAL CHRISTOPHER M. HUSS i Commission Number 807872 My Commission Expiresow0, /Z // ZGZ �n �2z- Signature of N tary Public a N 8 H11111 >' 1 r' i I I Ir • �� $� ���'� I it nnwasrw�e:z�&&a OVTL0T1 OMOT1 Is �a4 dTtQ�>4 e Q / S ,. e ct?�, 1 1Fp 9$ ii £ .l p f p k 1 8 RR��7o 3 19 444 _� ypA !! I & �if. ! 4 gg H � L a a. jig_ \ z •Rd[:: Yla4 i 1 / 7 eene�Auer.m 1-i ../� N\ x L � 1 4 r P ss6� 33i F, FINAL PLAT O L 21-0199 .xx.a�u.rua fa E - 9 's ' m 0 8 i lJ� THE FARM DUBUQUE, IA SWITCH HOMES IF' C O n x � MIOMNSULTANTS W WWJ1kN)MLVN.O]M I (319)513iR0 Prepared by: Nate Kieffer, City of Dubuque 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. 11 - 25 RESOLUTION ACCEPTING A QUIT CLAIM DEED FROM SWITCH HOMES, LLC, FOR CERTAIN HIGHWAY ACCESS RIGHTS ACROSS PART OF THE FARM SUBDIVISION, IN THE CITY OF DUBUQUE, IOWA Whereas, per City Resolution 132-24 approving and attached to the Final Plat of The Farm dated May 2, 2024 and recorded June 4, 2024 as Instrument 2024-00004916 of the records of the Dubuque County Recorder, Switch Homes, LLC, was to convey to the City of Dubuque all rights of access to the Northwest Arterial at Highway Station 73+00 as originally granted to Lime Rock Springs Co. their and heirs and assigns, by Corrected State Land Patent from the State of Iowa to Lime Rock Springs Co, dated December 14, 2013 and recorded December 19, 2013 as Instrument 2013-00019168 of the records of the Dubuque County Recorder; and Whereas, Switch Homes, LLC has executed the attached Quit Claim Deed conveying all of their interest in said highway access rights to the City of Dubuque. 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 Switch Homes, LLC, a copy of which is 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 Deed with the Dubuque County Recorder. Passed, approved and adopted this 215t day of January, 2025. B d Cavanagh, Mayor Att St: 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. 11-25 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 22nd day of January 2025. (IF: (SEAL) : 4 Z� AauL Adrienne N. Breitfelder, City Clerk