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Manson Rd - Accept DeedsMEMORANDUM September 10, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Manson Road - Acceptance of Warranty Deeds The City has already purchased property along Manson Road which is necessary for the needed paving project and to provide necessary grading for the installation of sidewalks. Public Works Director Mike Koch recommends acceptance of the warranty deeds to said property. 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 Cindy Steinhauser, Assistant City Manager Michael A. Koch, Public Works Director CITY OF DUBUQUE, IOWA MEMORANDUM September 5, 2001 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Manson Road - Acceptance of Warranty Deeds INTRODUCTION Enclosed are resolutions accepting the warranty deeds for right-of-way purchases on Manson Road. DISCUSSION The existing right-of-way easement for Manson Road is 40 feet wide. The proposed reconstruction of the Manson Road Bridge created a realignment of the roadway that required additional right-of-way to be purchased. One total property acquisition was required which the Council accepted on October 2, 2000, by Resolution No. 465-00. The attached acquisitions were relatively small parcels taken along the frontage of the existing lots. 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 Henschel, Richard C. and Mildred L. and Mark W. Henschel, Thomas L. and Sheri A. Krapfl, Rodney J. and Mary Jane Lattner, Mark D. and Amy L. Lattner, Mark D. and Amy L. A part of Lot 1-1-1-1-1-1-1-1-1 of Mineral Lot 499 in the City of Dubuque, Iowa A part of Lot 2-2-4 Mineral Lot 501 in the City of Dubuque, Iowa A part of Lot 2-1-1-1-1-1-2-1-4 Mineral Lot 501 in the City of Dubuque, Iowa A part of Lot 1-2-1-2-4 of Mineral Lot 501 in the City of Dubuque, Iowa A part of Lot 1-1-2-4 of Mineral Lot 501 in the City of Dubuque, Iowa The City has begun condemnation proceedings on the two remaining parcels for the project owned by John and Viola Sutton. Temporary grading easements have been secured from the remaining property owners affected by the project. RECOMMENDATION The City has already purchased the above property, 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 resolutions accepting the warranty deeds. MAK/vjd Prepared by Ronald J. Turner cc: Robert Schiesl, Civil Engineer Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13~h Street, Dubuque, IA 52001-4864 RESOLUTION NO.406-01 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY--A PART OF LOT 1-1-1-1-1-1-1-1-1 OF MINERAL LOT 499 IN THE CITY OF DUBUQUE, IOWA--ON MANSON ROAD TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisition Agreement with Richard C. and Mildred L. Henschel and Mark W. Henschel, pursuant to which Richard C. and Mildred L. Henschel and Mark W. Henschel agreed to convey a part of Lot 1-1-1-1-1-1-1-1-1 of Mineral Lot 499 in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Richard C. and Mildred L. Henschel and Mark W. Henschel, 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 Richard C. and Mildred L. Henschel and Mark W. Henschel, 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 17th day of September, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk e F. schneider, City Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13t~ Street, Dubuque, IA 52001-4864 RESOLUTION NO. 407-01 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY--A PART OF LOT 2-2~4 OF MINERAL LOT 501 IN THE CITY OF DUBUQUE, IOWA--ON MANSON ROAD TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisition Agreement with Thomas L. and Sheri A. Henschel, pursuant to which Thomas L. and Sheri A. Henschel agreed to convey a part of Lot 2-2-4 of Mineral Lot 501 in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Thomas L. and Shed A. Henschel, 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 Thomas L. and Sheri A. Henschel, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. acknowledge on herewith. The Mayor is hereby authorized and directed to execute and behalf of the City of Dubuque any instruments in connection 2001. Attest: Passed, approved and adopted this 17th day of September Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. 408-01 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY--A PART OF LOT 1-1-2-4 OF MINERAL LOT 501 IN THE CITY OF DUBUQUE, IOWA--ON MANSON ROAD TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisition Agreement with Mark D. and Amy L. Lattner, pursuant to which Mark D. and Amy L. Lattner agreed to convey a part of Lot 1-1-2-4 of Mineral Lot 501 in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Mark D. and Amy L. Lattner, 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 Mark D. and Amy L. Lattner, 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 17th day of September, 2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street~ Dubuque, IA 52001-4864 RESOLUTION NO. 409-01 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY--A PART OF LOT 1-2-1-2-4 OF MINERAL LOT 501 IN THE CITY OF DUBUQUE, IOWA-- ON MANSON ROAD TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisition Agreement with Mark D. and Amy L. Lattner, pursuant to which Mark D. and Amy L. Lattner agreed to convey a part of Lot 1-2-1-2-4 of Mineral Lot 501 in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Mark D. and Amy L. Lattner, 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 Mark D. and Amy L. Lattner, 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. Attest: Passed, approved and adopted this 17th day of September Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Rona[d 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 Two Hundred Seventeen and O0/1OO Dollar(s) ($1,217.00) and other valuable consideration, Richard C. and Mildred b Henschel, husband and wife, and Mark W. Henschel, contract buyer, do hereby convey to the City of Dubuque, Iowa the fo~owing described real estate in Dubuque County, iowa: A part of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 499 in the City of Dubuque, Dubuque County, Iowa, more particularly described as follows: Beginning at the intersection of the eastedy line of said lot with the center line of Manson Road, City of Dubuque, Iowa; Thence South 53 degrees 56 minutes 55 seconds West (assumed bearing) along the center line of said Manson Road a distance of 9.75 feet; Thence North 35 degrees 26 minutes 53 seconds West 20.00 feet; Thence North 53 degrees 56 minutes 55 seconds East 22.84 feet to the easterly line of said Jot; Thence South 02 degrees 28 minutes 32 seconds East along said easterly line 24.01 feet to the point of beginning. AND A part of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 499 in the City of Dubuque, Dubuque County, Iowa, more particularly described as Commencing at the intersection of the easterly llne of said lot with the center llne of Manson Road, City of Dubuque, Iowa; Thence South 53 degrees 56 minutes 55 seconds West along said center Iine 179.65 feet to the point of beginning; Thence South 35 degrees 37 minutes 05 seconds East 38.07 feet to the southeasterly line of said lot; Thence South 64 degrees 43 minutes 28 seconds West along said southeasterly line 98.48 feet; Thence North 38 degrees 26 minutes 00 seconds West 41.72 feet; Thence northerly, easterly, and southeasterly 135.80 feet along a tangential curve concave to the southeast, having a radius of 47.50 feet, a central angle of 163 degrees 48 minutes 37 seconds, a chord bearing of North 43 degrees 28 minutes 18 seconds East and a chord distance of 94.05 feet; Thence South 54 degrees 37 minutes 24 seconds East 20.18 feet; Thence South 35 degrees 37 minutes 05 seconds East 20.00 feet to (he point of beginning. The above described parcel was surveyed and platted for right-of-way purposes for improvements to Manson Road in the City of Dubuque, Dubuque County, Iowa, the plat of which is attached heretd and made a part of this certificate, and contains 9,04-9 square feet, more or less, and is subject to easements, reservations, restrictions, and rights-of-way of record and not of record. This land is being acquired for public purposes and a Declaration of Value is not required according to Iowa Code Section 42gA.1. the real estate by title in fee simple; that is has good and lawful authority to sell and convey the real 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. 4./ i rd C. Hensch I ~ark W. Henschel L State of Iowa ) ' Dt~buqu~}~i~I~d/~ of ~_, 200~, ~f..ol~e me, th~ acknowledge that they executed the same as their voluntar~ Na~. ' ' For ~ard County ~t~n ois ) County )ss On this~ day of ~.~z:_, 200~_, before me, the under~gned, a Notaw Public in and for said state, personally appeared~Mark W. Henschel, to me personally known to be the identical person named in and who executed the foregoing instrumentnd]a~no~and a nowledgele~ .at they executed the same as their voluntaw act and deed.  ~o~r~Publi~nd For~aid County ACQUISITION PLAT COUNTY 0UBUOUE PROJECT MANSON ROAD BRIODB PARCEL NO. 1 LOCATION PART OF LOT 1-1-1-I-t-1-1-1-1 OF MINERAL LOT 499 ROW FEE: 5.723 SQ. FT. EXIST. ROAD: 526 BO. FT. PERM. EASEMENT: 938 PROPRIETOR: CONTRACT BUYBR - MARl( W. H~NBCHBL CONTRACT SELLER - RICHARD C. HENSCHEL AN0 MILDRED L. HENSCHEL ~LEGEND ~ PARCEL BOUNDARY FOUND 5/8" IRON ROD W/ · PLASTIC CAP NO. AS NOTE0 · FOUND I-I/4' IRON PIPE I~ SET NAIL W/ WASHER NO. I1306 O S~T 5/8" ~RON RD0 W/ PLASTIC CAP NO. ~1306 MINERAL LOT 499 / MINERAL LOT 499 · ~ LOT 2-~-~-~-~-~-~ X' M,NERAL LOT 499 CONSTRUCTION X ~'~-..'~".~ :',, .': ..-~ '~ ~ g -.5~/ '~ .,...! >o~~ ~~. ~ ~J,l~ ~,, ".~:~/',.} '4::.' ~¢'}; ~~g9 ~'~' GRAPHIC SCALE ~ TEMPORARY EASEMENT AREA SUAVEYORS, P.C Is.~ ~ or ~ 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 Dctlar ($1.00) and other valuable consideration, Ti~omas L. Henschel and Shed A. Henschel, husband and wife, as joint tenants with full dghts of survivorship and not as tenants in common, do hereby convey to the City of Dubuque, Iowa the icl[owing described real estate in Dubuque County, Iowa: A par[ of Lot 2 of Lot 2 of Lot 4 of Mineral Lot 501, City of Dubuque, Dubuque County, iowa, more particularly described as follows: Beginning at the southernmost comer of said Lot 2 of Lot 2 of Lot 4; T~ence North 53 degrees 56 minutes 55 seconds East (assumed bearing) along the southeasterly ~ine of said lot a distance of 501.37 feet to the northeasterly line of said lot; Thence North 41 degrees 42 minutes 59 seconds West along said northeasterly line 20.10 feet; Thence South 53 degrees 56 minutes 55 seconds West 586.12 feet to the southwesterly line of said lot; Thence South 02 degrees 28 minutes 32 seconds East along said southwesterly line 24.01 feet to the point of beginning; The above described parcel was surveyed and platted for right-of-way purposes for improvements to Manson Road in the City of Dubuque, Dubuque County, iowa, the plat of which is attached hereto and made a part of this certificate, and contains 9,875 square feet, more or less, and is subject to easements, reservations, restrictions, and rights-of-way of record and not of record. This land is being acquired for public purposes and a Declaration of Value is not required according to Iowa Code Section 428A.1. G[antars do hereby covenant with Grantees, and successors in interest, that Grantors hotd 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 flee 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 ali persons except as may be above stated. Each of the undersigned hereby relinquishes ail rights of dower, homestead and disthbutive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shatl be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Thom L. Henschel / Dubuque County )ss / $? On this ~/:"~ay of .../¢4¢~'~', 2001, before me, the undersigned, a Notary Public in and for said ~/ N~ry ~ubiic In and or Said County GRANT OF EASEMENT FOR LATERAL SUPPORT For and in consideration of the sum of Eight Hundred Dollars ($800.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Thomas L. & Shed A. Henschel 995 June Ddve Dubuque, lA 52003 of Dubuque County, State of ~owa, for themselves, their heirs and assigns, do hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, a municipal corporation, its agents and contractors, in perpetuity, from the date hereof, a right of way and easement through, under and across the following described real estate situation in Dubuque, iowa, to-wit: Lot 2 of Lot 2 of Lot 4 of Mineral Lot 501 in the City of Dubuque, Dubuque County, iowa Said easement shall be as shown on the attached Acquisition Plat, for the purpose of constructing and maintaining a backslope, and adjusting, if necessary, the driveway and other improvements located thereon, in accordance with the Plans and Specifications currently on file in the office of the City Clerk. It is understood and agreed that the grantee herein shall restore the disturbed area due to the construction. Grantor shall not change the grade, elevatioo, contour or perform 'any construction or excavation that will interfere with the backslope so as to diminish the lateral support of said improvement, of any part of the Easement Area without obtaining the pdor written consent of the City Engineer. To have and to hold 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 ....~/¢'.~J~-"' ,2001. Thoma~'.~. Her~Cchel ~ ~ Sheri A. Henschel STATE OF IOWA, DUBUQUE COUNTY, ss: On this /~_~T day of, ~/-.-~-c.¢.L. ,A.D. 2001, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Thomas L. Henschel and Shed A. Henschel to me known to be the identical persons 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. Notary P~J~,,c Iff and For Said County ~ ~ 8Si0'01 2~Ju, t? rn 2:53 ACQUISITION PLAT COUNT~' DUBUOUE PROJECT MANSON ROAD BRIDGE PARCEL NO. LOCATION PART OF' LOT 2-2-4 OF MINERAL LOT ROW FEE: EXIST. ROAD: 9,8?5 SD. FT. PERM. EASEMENT: 5.~g5 SO. FT. PROPRIETOR: THOMAS HENSCHEL AND SNERI HENSCHEL -- PARCEL BOUNDARY ' O' ,~' ~..~.,~ / / . ~ouNB ~-~,4' IRON",PE l%.Xx / ~ SET NAiL W/ WASHER N0. 11306 / / / ~s~,c c~ ,o. ~o~ / / / / / ~s- vo~ //~'Zo~ / / REDUCED ~$ ~:////~ // ./ "s ~ V/z/////LX?~. ~' / -- '~ ~~ PERMANENT EASEMENT AREA ~/ / X~~ T~PORAR~ EASEMENT AREA / / /, g~YO~, ~.C. I suE~ ~ oF ~ = * s .~ ~ ~ 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 One Hundred Forty-Five Dollars (~1,145.00) and other valuable consideration, Rodney Krapfl and Mary Jane Krapfl, 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 in Dubuque County, Iowa: A part of Lot 2 of Lot 1 of Lot I of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 4 of Mineral Lot 501 in the City of Dubuque, Dubuque County, Iowa, more particularly described as follows: Beginning at the northernmost corner of said Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 4; Thence South 50 degrees 14 minutes 09 seconds East (assumed bearing) along the northeasterly line of said lot a distance of 29.12 feet; Thence South 08 degrees 55 minutes 27 seconds West 221.90 feet to the southwesterly line of said lot; Thence North 48 degrees 24 minutes 35 seconds West along said southwesterly line 48.49 feet to the westerly line of said lot; Thence North 18 degrees 35 minutes 27 seconds East along said westerly line 112.25 feet; Thence North 07 degrees 11 minutes 26 seconds East along said westerly line 100.05 feet to the point of beginning. The above described parcel was surveyed and platted for right-of-way purposes for improvements to Manson Road in the City of Dubuque, Dubuque County, Iowa, the plat of which is attached hereto and made a part of this certificate, and contains 6,171 square feet, more or less, and is subject to easements, reservations, and rights-of-way of record and not of record. The additional amount of $2,378.00, as agreed to by contract, is paid as severance damages to the remaining property and is not subject to real estate transfer tax. This land is being acquired for public purposes and a Declaration of Vafue 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 ail 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. State of Iowa ) Dubuque County//~.~ )s/~ On this --ay of , 200 .~,/ before me, the undersigned, a Notary Public in and for said state, personally appeared Rodney Krapfl and Mary Jane Krapfl, to me personally known to be the identical persons named Jn and who executed the~foregoin ' strument and acknowledge that they executed the same as their voluntary act and deed. ,~//~,~ C Not~y Pubic In and For Said ounty ACQUISITION PLAT COUNTY DUBUQUE PROJECT MANSON ROAD BRIDGE PARCEL NO. LOCATION PART OF LOT 2-1-1-1-1-1-2-1-4 OF MINERAL LOT 501 ROW FEE: 1.928 so. FT. EXIST. ROAD: 4,245 so. FT. PERM. EASEMENT: PROPRIETOR: RODNEY KRAPFL AND MARY JANE KRAPFL I PK NAil x ~ AND POINt Of BEGINNING I PARCEL BOUNDARY '~/ \ ¢0 ~ SET NA,L W/ WASREB NO. 115DB ? o ~ I;:. ""-~ 0 40 80 ~ ACOUlglqON AREA ~MPORARY EASEMENT AREA DRAWING MaY HAVE BEEN REDUCED Tax Address Statement: City of Dubuque, 50 W. 13t~ Street, Dubuque, iowa 52001 WARRANTY DEED For the consideration of Five Hundred Sixty Seven and 44/100 Dollars ($567.44) and other valuable consideration, Mark D. La[trier and Amy b La[trier, husband and wife, as joint tenants with full dghts of survivorship and not as tenants in common, do hereby convey to the City of Dubuque, Iowa the following described real estate in Dubuque County, iowa: A part of Lot 1 of Lot 2 of Lot I of Lot 2 of Lot 4 of Mineral Lot 501 in the City of Dubuque, Dubuque County, Iowa, more particularly described as follows: Beginning at the northeast comer of said Lot 1 of Lot 2 of Lot 1 of Lot 2 of Lot 4; Thence North 79 degrees 46 minutes 40 seconds West (assumed bearing) along the northerly line of said lot a distance of 20.24 feet; T~ence South 18 degrees, 35 minutes 57 seconds West 80.92 feet; Thence southerly 52.70 feet along a non-tangential curve concave to the northwest, having a radius of 281.56 feet, a central angle of f0 degrees 43 minutes 29 seconds, a chord bearing of South 33 degrees 07 minutes 28 seconds West and a chord distance of 52.63 feet to the southwesterly line of said lot; Thence South 38 degrees 28 minutes 08 seconds East along said southwesterly line 33.67 feet to the southeasterly line of said lot; Thence North 53 degrees 51 minutes 52 seconds East along said southeasterly line 8.57 feet; Thence North 18 degrees 35 minutes 57 seconds East along said southeasterly line 146.12 feet to the point of beginning. The above described parcel was surveyed and pla[ted for right-of-way purposes for improvements to Manson Road in the City of Dubuque, Dubuque County, Iowa, the plat of which is attached hereto and made a par~ of this certificate, and contains 3,293 square feet, more or less, and is subject to easements, reservations, restrictions, and rights-of-way of record and not of record. The additional amount of $50.40, as agreed to by contract, is paid as severance damages to the remaining proper~ 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 lawflal 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 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. · Mark Eh.LatCr~er.. By: ~/~¢/~.¢~. ACffy E. L~[tner State of iowa ) Dubuque County )ss On this..,~ day of ~Y~¢.. 200~_, before me, the undersigned, a Notary Public in and for said state, personally appeared Mark D. La[trier and Amy L. Lattner, to me personally known to be the identical persons named in and who executed the forego' instrum nt and acknowledge that they executad the same as their voluntary act and deed. .~-~ oo RONALD J. TURNEE~R~,~AI. ZNotary Public' In and For Said County 2~UN2[ PM 2:50 COUNTY RECORDER ACQUISITION PLAT COUNTY DUBUOUE PROdECT MANSON ROAD BRIDGE PARCEL NO. LOCATION PART OF LOT 1-2-1-2-4 OF MINERAL LOT 501 AND PART OF LOT 2-3 OF MINERAL LOT 509 ROW FF_.~: 34B SQ. FT. EX]ST. ROAD: 2.947 SO. FT, PERM. EASEMENT: PROPRIETOR: MARK LATTNER ANO AMY LATTNER LEGEND I EXISTING R.O.W. LINE-'-....~. L,J~ . FOUND 5/8' IRON ROD W/ ~,Crg5 /~----'~ t ~. SET,-,,,._ ~,/ WAS~ER .0. '~OS '~'--~__ C",~-.'" ~""'~"'0".'~'"'".//- / ~ ~.AST~C CA~ NO. ~OB ..-, LOT 2-,3 ~:' :.2.~// ~T ( ) RECORD INFORMATION ff M.L. 509 ~'-:~ :.~J. ~ ROW R,~NT-O~--WA¥ : ~,'~-~ER .- "~./F '/~ ~// / LOT ~-~-2-~ ~y-".~F~ f/~ .x~ MINERAL LOT 501 e'~~~ i ~.7 CENTER LiNE ~ ~ ~ ~ ~/~g* ~ ~llllllllll~ NDDYH GRAPHIC SCALE ~ TEMPORARY EASEMENT AREA ~" = 40' DRA~NG MAY HAVE BEEN REDUCED ~:... ~ , ,~ .... Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13t~ Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY--A PART OF LOT 1-1-2-4 OF MINERAL LOT 501 IN THE CITY OF DUBUQUE, IOWA--ON MANSON ROAD TO THE CITY OF DUBUQUE Whereas, the City of Dubuque entered into an Acquisition Agreement with Mark D. and Amy L. Lattner, pursuant to which Mark D. and Amy L. Lattner agreed to convey a part of Lot 1-1-2-4 of Mineral Lot 501 in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Mark D. and Amy L. Lattner, 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 Mark D. and Amy L. Lattner, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. acknowledge on herewith. The Mayor is hereby authorized and directed to execute and behalf of the City of Dubuque any instruments in connection Passed, approved and adopted this day of 2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk WARRANTY DEED For the consideration of Six Hundred Eleven and 72/100 Dollars ($611.72) and other valuable consideration, Mark D. Lattner and Amy b Lattner, 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 in Dubuque County, Iowa: A part of Lot I of Lot 1 of Lot 2 of Lot 4 of Mineral Lot 501 in the City of Dubuque, Dubuque County, tawa, more padicutarly described as follows: Beginning at the easternmost comer of said Lot 1 of Lot 1 of Lot 2 of Lot 4; Thence South 53 degrees 51 minutes 52 seconds West (assumed bearing) along the southerly line of said lot a distance of 44.03 feet; Thence South 87 degrees 55 minutes 32 seconds West along said southeSy line 143.09 feet; Thence South 53 degrees 56 minutes 55 seconds West along said southerly line a distance of 31.39 feet to the southwesterly line of said lot; Thence North 41 degrees 42 m[nutas 59 seconds West along said southwesterly line 20.10 feet; Thence North 53 degrees 56 minutes 55 seconds East 39.30 feet; Thence North 87 degrees 59 minutes 58 seconds East 133.90 feet; Thence northeasterly 45.05 feet along a non-tangential curve concave to the northwest, having a radius of 281.56 feet, a central angle of 09 degrees 10 minutes 06 seconds, a chord bearing of North 43 degrees 04 minutes 16 seconds East and a chord distance of 45.01 feet to the northeasterly line of said lot; Thence South 38 degrees 28 minutes 08 seconds East along said northeastady line 33.67 feet to the point of beginning. The above described parcel was surveyed and platted for right-of-way purposes for improvements to Manson Road in the City of Dubuque, Dubuque County, Iowa, the plat of which is attached hereto and made a part of this certificate, and contains 4,736 square feet, more or less, and is subject to easements, reservations, restrictions, and rights-of-way of record and not of record. The additional amount of $450.00, as agreed to by contract, is paid as severance damages to the remaining property and is not subject to real estate transfer tax. This 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 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 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. By: . , A~L. Latther State of iowa ) Dubuque County )ss Onthis~ff day of ~b[l~. ,200~_,befereme, the undersigned, a Notary Public ifi and fer said state, personally appeared Mark D. Lattner and Amy b kattner, to me personally known to be the identl~l persons named in and who exc~utad the forego' instrume t and acknowledge that they ]~.~ ~ ICoramlsslon Numar 1lla8~4[/' Rotary Public in and For Said County ACQUISITION PLAT COUNTY DUBUQUE PROJECT MANBON ROAD BRIDGE PARCEL NO. 4 LOCAllON PART OF LOT 1-1-2--4 OF MINERAL LOT 501 ROW FEE: 374 so. FT. EXIST. ROAD: 4,362 SQ. FT. PERM. EASEMENT: PROPRIETOR: MABK LATTNER AND AMY LA~TNER LEGEND =IpLAT BOUNDARY 0 NEAL PLACE FOUND 5/8" IRON ROD W/ ¢'-- / · PLASTIC CAP NO. AS NOTED ~ ~ (11606 // ~ FOUND NAIL W/ WASHER NO. 12631 I~ SET NAIL W/ WASHER NO 11306 r~ LOT 2-3· · . · N. M.L. 509 / . r~ FOUND 5/8 IRON ROD w/ - PLASTIC ,CN~P ,NJ. AB NOTED R.O.W. B,O.T-O,-WA .- '~')~"'"'~'N LOT 1-2-1-2-4 -1 / kq% "5'/ +ei,N',, MINERAL / // / ~ '"'~.z~'~ % .: LOT 501 - //..~ / _/ u~' %'_~ATTNEB .~/ ~-'/,'~ LOT 2-2-4 / 4016 ~L==U~.~.;~Je /¢ MINERAL LOT 501 % / EASEMENT /., -. ;:-::.. N · /.~! ;~ - MANSON ROAD ..... '~ ~ ~'~59,' ~ Q S 87'55'32" W 143.09 (125') --~- /L'EASTERNMOST CORNER qO / / NORTH ~,. GRAPHIC SCALE 0 40 80 ~ DRAWING MAY HAVE BEEN REDUCED ~ TEMPORARY EASEMENT AREA IIWENGI~ERS & 2~-~-0, ~ % LS 1305 ]~ SURVEYORS, ~C. M F ~ +s .~ ~ s/