JFK Rd. ROW- Benson, AirdsCITY OF DUBUQUE, IOWA
MEMORANDUM
June 11, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
John F. Kennedy Road -Acceptance of Warranty Deed & Grant of
Easement for Lateral Support
Public Works Director Michael A. Koch is recommending acceptance of the Warranty
Deed for right-of-way purchase and a Grant of Easement for Lateral Support on John
Kennedy Road for the reconstruction project scheduled for 2001-2002.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
TO:
FROM:
SUBJECT:
CITY OF DUBUQUE, IOWA
MEMORANDUM
June 6, 2001
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director
John F. Kennedy Road - Acceptance of Warranty Deed & Grant of
Easement for Lateral Support
INTRODUCTION
Enclosed are resolutions accepting a Warranty Deed for right-of-way pumhase
and a Grant of Easement for Lateral Support 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 dudng a county improvement project in the 1950's.
Enclosed are a Warranty Deed and a Grant of Easement for Lateral Support for
parcels needed for the paving project, and to provide necessary grading for the
installation of sidewalks. Included are the following:
Owner
Legal Description
Richard J. and Marie V. Benson
(Grant of Easement for Lateral Support)
Lot 2-1-1-1-3 and Lot 2-1-3 in Helen
E. and Mary H. Stewart Subdivision
Randall P. and Lisa A. Aird
(Warranty Deed)
Lots I and 2 Aird Place
The City has negotiated all easements and acquisitions for the project.
RECOMMENDATION
The City has already purchased the above properties, and the Warranty Deed
and Grant of Easement for Lateral Support should be accepted by the City
Council. I would recommend adoption of the enclosed resolutions accepting the
deed and easement.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolutions accepting the
Warranty Deed and Grant of Easement for Lateral Support.
MAK/vjd
Prepared by Ronald J. Turner, P.L.S.
Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864
RESOLUTION NO. -01
A RESOLUTION ACCEPTING A GRANT OF EASEMENT FOR LATERAL
SUPPORT FROM RICHARD J. AND MARIE V. BENSON ON JOHN F.
KENNEDY ROAD TO THE CITY OF DUBUQUE
Whereas, the City of Dubuque entered into an agreement with Richard J. and
Marie V. Benson, pursuant to which Richard J. and Marie V. Benson agreed to grant an
easement over a part of Lot 2-1-1-1-3 and Lot 2-1-3 in Helen E. and Mary H. Stewart
Subdivision, in the City of Dubuque, Iowa, as shown on the Grant of Easement for
Lateral Support thereof; and
Whereas, Richard J. and Marie V. Benson have executed an easement over 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 Grant of Easement for Lateral Support from Richard J. and
Marie V. Benson, 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, adopted and approved this
day of ,2001.
Attest:
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
Prepared by: Michael A. Koch. Public Works Director Address: 50 W. 13th Street, Dubuque, lA 52001-4864
RESOLUTION NO. -0t
A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY (LOT 1 AND
LOT 2 OF AIRD PLACE) FROM RANDALL P. AND LISA A. AIRD ON JOHN F.
KENNEDY ROAD TO THE CITY OF DUBUQUE
Whereas, the City of Dubuque entered into an Acquisition Agreement with
Randall P. and Lisa A. Aird, pursuant to Randall P. and Lisa A. Aird agreed to grant a
part of Lot 1 and Lot 2 of Aird Place in the City of Dubuque, Iowa, as shown on the
Acquisition Plat thereof; and
Whereas, Randall P. and Lisa A. Aird 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 Randall P. and Lisa A. Aird, 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, adopted and approved this
day of ,2001.
Attest:
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. t 3th Street, Dubuque, Iowa (319) 589-4270
GRANT OF EASEMENT FOR LATERAL SUPPORT
For and in consideration of the sum of Six Thousand Five Hundred Eighty-Five Dollars ($6,585.00) and
other good and valuable consideration, The receipt whereof is hereby acknowledged,
Richard J. and Marie V. Benson
12752 John F. Kennedy Road
Dubuque, IA 52002
of Dubuque County. State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell and
convey to the CITY OF DUBUQUE, iOWA, a municipa[ corporation, its agents and contractors, in
perpetuity, from the date hereof, a right of way and easement through, under and across the foIiowing
described reaI estate situation in Dubuque, iowa, to*wit:
Lot 2-1-1-1-3 and Lot 2-1-3 in HeIen E. and Mary H. Stewar~ Subdivision, Dubuque County,
Iowa
It is understood and agreed that the grantee herein shall restore the disturbed area due to the
construction.
Grantor shall not change the grade, elevation, contour or perform any construction or excavation that
wilt interfere with the backslope so as to diminish the Iateral suppor~ of said improvement, of any par~
of the Easement Area without obtaining the prior written consent of the City Engineer.
To have and to hoid unto the said City of Dubuque, Iowa, in perpetuity, and the undersigned do hereby
expressly covenant that they are the owners in fee of said real estate and have good right to execute
this agreement, and that the grantee, its agents or contractors.
Dated at Dubuque, Iowa, this day of , 200t.
''
Marie ~/. Benson
STATE OF IOWA, DUBUQUE COUNTY, ss:
in and for said County, in said St~t~, personally appeared Richard J. Benson and Marie V. Benson to me
known to be the identical perso¢,~ named in and who executed the within and foregoing instrument, to
which this is attached, and acknowledged that they executed the same as their voluntary act and deed.
EXHIBIT A
0 4O
SCALE: 1 =40
Lot 2-
000.00)
LEGEND
R.O.W. TOTAL. = 14895 S,F.
CONSTRUCTION
PARCEL NO. 10-15--201-011 and 012
THE CITY OF DUBUQUE
ENGKXTEERING DMSION
:'~. JOHN F. KENNEDY ROAD
EASEMENT EXHIBIT
O~,N ~: ~P. ~NJdenson
Prepared by: Ronald J. Turner, City of Dubuque. 50 W. 13th Street. Dubuque, iowa 52001 1319} 589-4270
Tax Address Statement: City of Dubuque, 50 W. 13th S~'reet, Dubuque, Iowa 52001
WARRANTY DEED
For the consideration of One Thousand One Hundred Sixty Seven and 75/100 ($1,167.75)
Dollar(s) and other valuable consideration, Randa[I P. Aird and Lisa A. Aird, husband and wife, as
joint tenants with full rights of survivorship and not as tenants in common, do hereby convey to the
City of Dubuque, Iowa the following described real estate Jn Dubuque County, iowa:
A part of Lot 1 of Aird Place in the City of Dubuque, Dubuque County, iowa, more
particu[arly described as foflows:
Commencing at a point of reference et the northwesterly corner of Lot 1 of Aird Place in the
City of Dubuque, Dubuque County, Iowa, said point being the point of beginning;
Thence N 67°O1 '10"E 29.00 feet along the northerly llne of said Lot 1;
Thence S 22°50'35"E 51.59 feet along a line parallel to the westerly line of said Lot I to a
point of intersection with the southerly line o1 said Lot;
Thence S 67°01'10"W 29.00 feet along said southerly line to the southwest corner of said
Lot 1;
Thence N 22°50'35"W 51.59 feet along the westerly line of said Lot 1 to the point of
beginning, containing 1,496 square feet, more or less, and is subject to easements of record and
not of record.
NOTE: The westerly tine of Lot I of Aird Subdivlsion is assumed to bear N 22°50'35"W for
purposes of this description only.
A part of Lot 2 of Aird Place in the City of Dubuque, Dubuque County, iowa, more
particularly described as follows:
Commencing at a point of reference at the northwesterly corner of Lot 2 of AJrd Place in the
City of Dubuque, Dubuque County, iowa, said point being the point of beginning;
Thence N 67°01'10WE 29.00 feet along the northerly line of said Lot 2;
Thence S 22°50'35#E 78.88 feet along a ilne para]lei to the westerly line of said Lot 2 to a
point of intersection with the southerly tine of said Lot;
Thence S 87°12'55~W 30.87 feet to the southwest corner of said Lot 2;
Thence N 22°50'35"W 68.22 feet along the westedy line of said Lot 2 to the point of
beginning, containing 2,133 square feet, more or less, and is subject to easements of record and
not of record.
NOTE: The westerly line of Lot 2 of Aird Place is assumed to bear N 22°50'35"W for
purposes of this description only.
The additional amount of $1,325.00, as agreed to by contract, is paid as severance
damages to the remaining property and is not subject to real estate transfer tax.
This [and 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 teat 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 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 mascutine or feminine gender, accor' to the ¢onte~
Dated: / .
· Randall P Air
State of Iowa )
Dubuque Countg~,~ )ss
On this~'~/ day of ~, 200~/, before me, the undersigned, a Notary Public in and
for said state, personally appeared~Randall P. Aird and Lisa A. Aird, to me personally known to be
tt~eeyide~tt:::ledP:rhSeOsnaSmrea amsetdhler~r avno~un~harOyeaXc~tCa, ntc~ddtehe~l~~ or. edge that
Nota/y P~r~lic In and Eor Said County
' '5994-01
NOIHAY-2 PH 2:Ok
KATHY FL'~ N!t ~ '~ ....
ou~ua,:~ cc., Iowa F~ES~/~ ~
CITY OF DUBUQUE
ACOUI$1iiON PLAY
COUNTY Dubuque PARCEL NO.10-I6-279-014&-0ISjoB NO.1
PROJECT John F. Kennedy Road SECTION. 16 _TWP 89N RANGE_2E
ROW-FEE 3629 EXIST. ROAD 3110 PERM. EASEM'T
LEGAL DESCRIPTION: Lot 1 and Lot 2 Aird Place in the Cit7 of Dubuque
OWNER RandalI P. and Lisa A.
LEGEND
....... EAS[MF_.NT LIN~.
'(:': ]''