Tanzanite Dr Deeds Emerald AcMEMORANDUM
September 25, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Tanzanite Drive - Acceptance of Warranty Deeds
The City has already purchased property for the right-of-way for the extension of
Tanzanite Drive from Emerald Acres No. 2 to the relocated Highway 386. 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 12, 2001
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director
Tanzanite Drive - Acceptance of Warranty Deeds
INTRODUCTION
Enclosed are resolutions accepting warranty deeds for right-of-way purchases for
the extension of Tanzanite Drive.
DISCUSSION
City Council authorized purchase of right-of-way for the extension of Tanzanite
Drive from Emerald Acres No. 2 to the relocated Highway 386. The attached
warranty deeds acquire title to allow construction of a 37-foot wide pavement in a
minimum of 60-foot right-of-way. In addition, permanent easements have been
purchased for the fill slopes that support the roadway.
Enclosed are two warranty deeds for the 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
AIthaus, Harry J. and Mary E.
Lot A of Lot 1 of Lot 2 of Lot 27, Section 2,
T89N, R2E, 5th P.M., Dubuque County, Iowa
H&M Realty, L.C.
Lot A of Lot 2 of Lot 2 of Lot 27, Section 2,
T89N, R2E, 5th P.M., Dubuque County, Iowa
RECOMMENDATION
The City has already purchased the above property, the final payment that will be
made after January 1, 2002, and the Warranty Deeds should be accepted by the
City Council. I would recommend adoption of the enclosed resolution accepting
the deeds.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution accepting the
warranty deeds from Harry J. and Mary E. Althaus and H&M Realty, L.C.
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.427-01
A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY (LOT A OF
LOT 1 OF LOT 2 OF LOT 27, SECTION 2, T89N, R2E, 5TM P.M., DUBUQUE
COUNTY, IOWA) TO THE CITY OF DUBUQUE FOR TANZANITE DRIVE
EXTENSION
Whereas, the City of Dubuque entered into an Acquisition Agreement with Harry
J. and Mary E. Althaus, pursuant to which Harry J. and Mary E. Althaus, agreed to
convey Lot A of Lot 1 of Lot 2 of Lot 27, Section 2, T89N, R2E, 5th P.M., Dubuque
County, Iowa, as shown on the Acquisition Plat thereof; and
Whereas, Harry J. and Mary E. Althaus 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 Harry J. and Mary E. Althaus, 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 1st
Attest:
day of October ,2001.
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.428-01
A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY (LOT A OF
LOT 2 OF LOT 2 OF LOT 27, SECTION 2, T89N, R2E, 5TM P.M., DUBUQUE
COUNTY, IOWA) TO THE CITY OF DUBUQUE FOR TANZANITE DRIVE
EXTENSION
Whereas, the City of Dubuque entered into an Acquisition Agreement with H&M
Realty, L.C., pursuant to which H&M Realty, L.C., agreed to convey Lot A of Lot 2 of Lot
2 of Lot 27, Section 2, T89N, R2E, 5t~ P.M., Dubuque County, Iowa, as shown on the
Acquisition Plat thereof; and
Whereas, H&M Realty, L.C. has 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 H&M Realty, L.C., 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 1st day of October, 2001.
Attest:
Jeanne F. Schneider, City Clerk
day of
0ctober , 2001.
Terrance M. Duggan, Mayor
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 Eighty-Seven Thousand Nine Hundred Four and 00/100 ($87,904.00)
Dollar(s) and other valuable consideration, Harry J. Althaus and Mary E. AIthaus, husband and wife as joint
tenants with full rights of survivorship, not as tenants in common, do hereby convey to the City of
Dubuque, Iowa the following described real estate in Dubuque County, Iowa:
Lot A of Lot 1 of Lot 2 of Lot 27 in Section 2, Township 89 North, Range 2 East, 5th Principal
Meridian, Dubuque County, Iowa, as shown on the Acquisition Plat thereof dated December 12,
2000, and filed in the Office of the Dubuque County Recorder as Instrument Number 12718-01 on
August 10, 2001, subject to easements of record and not of record.
The additional amount of $2,000.00, 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
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.
Date/ / Ha_rr~/~./~haus, Member
By: ~.~7' ~
lgler~y E.~Altheus, Member
State of Iowa )
Dubuque County ,l )ss __
persons named in and who executed the foregoing
instrument and a wledge t t they executed the
same as their voluntary act and deed.
i ,.~%. I RONALD J. 11JRNEI~ blic In and For Said County
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. lgth Street, Dubuque, Iowa 52001
WARRANTY DEED
(Corporate Grantor)
For the consideration of For~y Four Thousand Ninety Six and 00/100 {$44,096.00) Dollar(s) and
other valuable consideration, H & M Realty, L.C., an iowa Limited Liability Company organized and existing
under the laws of Iowa, does hereby convey to the City of Dubuque, Iowa the following described real
estate in Dubuque County, Iowa:
Lot A of Lot 2 of Lot 2 of Lot 27 in Section 2, Township 89 North, Range 2 East, 5TM Principal
Meridian, Dubuque County, Iowa, as shown on the Acquisition P~at thereof dated December 12,
2000, and filed in the Office of the Dubuque County Recorder as Instrument No. 12717-01 on
August 10, 2001, s~bject to easements of record and not of record.
The Company hereby covenants with Grantees, and successors in interest, that it holds the real
estate by title in fee simple; that it 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 it covenants
to warrant and defend the real estate against the lawful claims of all persons, except as may be above
stated.
Words and phrases herein, including acknowledgment hereof, shah be construed as in the singular
or plural number, according to the context.
arty .~AIt aus, Member
Mary ~. Althaus, MemS~r
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF IOWA, )
COUNTY OF DUBUQUE, ) SS:
Notary Public in and for said State, personam[y~'ppeared ~':/~ o J, ~-/'~/'~/' ~, ~
~ to me personally known, OR ~ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s)~/are subscribed to the within instrument and acknowledged to me that
~/they executed the same in hi~.'~:/their authorized capacity(les), and that by ~/their signature(s)
on the instrument the person~), or--upon behalf of whlch the person(s)a~ted, executed the
(NOTARY SEAL) (S~gn in Ink) ~*~ I R0~AL~ g. TURRER I
{CORP SEAL)
AFFIXED
NO SEAL PROCURED
__ PARTNER(B) ~ LIMITED
ATTORNEYJN*FACT
__ TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
GENERAL
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies):
H&M Realty, L.C.
An Iowa Limited Liability Company__
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, lows (319) 589-z$270
GRANT OF EASEMENT FOR LATERAL SUPPORT
For and in consideration of the sum of One Dollar (81.00) and other good and valuable
consideration, the receipt whereof is hereby acknowledged,
H & M Realty, L.C.
17104 Gardner's Lane
Dubuque, iA 52001
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 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 27, Section 2, T89N, R2E, 5th P.M. in the City of Dubuque,
Dubuque County, Iowa
Said easement shall be as shown on the attached Acquisition Plat labeled as
"Permanent Easement", for the purpose of constructing and maintaining a foreslope
and embankment, 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, elevation, contour or perform any construction or
excavation that will interfere with the foreslope and embankment so as to diminish the
lateral support of said improvement, of any part of the Easement Area without
obtaining the prior 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 ~L"~,~ , 2001.
Harry J. (~/~lt~aus
Ma~ E.'CAIthaus
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF IOWA, )
COUNTY OF DUBUQUE, ) SS:
On this ~-~-~ day of~,~/'~/v-'¢'~-, A.D. 2001, before me,
the undersigned, a Notary Public in and for ~/aid- State, personally appeared
/~to me personaIly known, OR proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) i~/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in ~/their authorized
capacity(les), and that by ~/their signature(s) on the instrument the person(s), or
the entity upon behalf o~hich th, j~l~e?son(s)acted, executed the instrument.
~/~/ ~ ~'~,~- (Print/Type Nam~*~t~'*- J, s~.D.~. Tg~ER J
Notary Pubhc ~n and for State of Iowa J ,o.~- Ju~C~mml.~l*~Ez~l,.~Z~J
CAPACITY CLAIMED BY SIGNER
iNDiVIDUAL
x CORPORATE OFFICER(S) TITLE(S)
(CORP SEAL}
AFFIXED
x NO SEAL PROCURED
PARTNER(S) ~' LIMITED GENERAL
ATTORNEY-iN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(les):
H & M Realty, L,C,
17104 Gardner's Lane
Dubuque, IA 52001
ACQUISITION PLAT
COUNTY_ DUBUQUE PROJECT NO. TANZANITE DB. EXTENSION PARCEL NO. 1._0-02-452-003
SECTION_ 2 TOWNSHIP 89N RANGE 2E
RIGHT OF WAY: FEE 57072 S.F. EASEMENT 5584 S.F.(PERM.) 2716 S.F.(TEMp.)
ACQUIRED FROM. HR & M REALTY -- -
LEGAL DESCRIPTION --LOT 2-2-27-SEC. 2, TS§N, R2E OF THE 5TH P.M.
D~LTA- D'3~'O5' TEMPORARy
AREA
57072 S.F.
LOT 1-2-27-
SEC. 2, T89N,
R2E OF THE STH
EASEMENT
5584 S.F.
PT LOT 34-SEC. 2,T89N,
R2E OF THE 5TH P.M.
POINT OF
BEGINNING
(ACQUISI~ON)
LOT 2-3-w 1~2-
NE-SEC. 2, T89N,
R2E OF THE 5TH P.M.
(ALPINE PARK)
LOT 1-W
SEC. 2, TSgN, R2E
OF THE 5TN P.M.
LEGEN.~)
TANZANITE DR. EXTENSION
~U~/~¥ORS, INC.
DATE PREPARED; 12-5-00
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Sffeet, Dubuque, iowa (319) 589-4270
GRANT OF EASEMENT FOR LATERAL SUPPORT
For and in consideration of the sum of One Dollar ($1.00) and other good and valuable
consideration, the receipt whereof is hereby acknowledged,
Harry J. and Mary E. Althaus
17104 Gardner's Lane
Dubuque, IA 52001
of Dubuque Coun[y, State of Iowa, for themselves, their heirs and assigns, do hereby grant, sell
and convey to the CITY OF DUBUQUE, IOWA, a municipal corporation, its agents and contTactorsl
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 1 of Lot 2 of Lot 27, Section 2, T89N, R2E, 5th P.M. in the City of Dubuque, Dubuque
County, Iowa '
Said easement shall be as shown on the attached Acquisition Plat labeled as "Permanent
Easement", for the purpose of constructing and maintaining a foreslope and embankment, and
adjusting, if necessary, the ddveway 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, elevation, contour or perform any construction or excavation
that will interfere with the foreslope and embankment so as to diminish the lateral support of said
improvement, of any part of the Easement Area without obtaining the pdor wdtten 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 dght
to execute this agreement, and that the grantee, its agents or contractors.
Dated at Dubuque, Iowa, this ,..~'-'~.. day of )~%~ ~ ~b~ , 2001.
H~a£Fy J. AI~s/
Mary E.C, lthaus
STATE OF IOWA, DUBUQUE COUNTY, ss:
On this ~-/~ day of.~"2-~.~¢7~¢~/¢.~ ,A.D. 2001, before me, the undersigned, a
Notary Public in and for said County, in said State. personally appeared Harry J. AIthaus and Mary
E. Althaus 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.
· '~;~' I~y¢°r~l"~*n[z~"'z"7'll Notary Pubifc~and For Said Cou~_ty
12718a01
~ 12718:01 :
Z~OIAU~ lO Pli 1:20
DUBUOUE
llW ENGLNEERS &
ACQUISITION PLAT
COUNTY DUBUQUE PROJECT NO. TANTANITE DR. EXTENSION PARCEL NO, 10-02-452-004
SECTION 2 TOWNSHIP 89N RANGE 2E
RIGHT OF WAY: FEE 76113 S.F. EASEMENT 48391 S,F.(PERM.) 2102}9 S.F.(TEMP.)
ACQUIRED FROM HARRY J. & MARY E. ALTHAUS
LEGAL DESCRIPTION LOT 1-2-27-SEC. 2. TBgN, R2E OF THE 5TH P.M.
POINT OF
BEGINNING
27
1-2- ~ x ' . m ~ (ACQUIS~ON)
SEC.
R2E OF THE 5%H P.M. ~,~
EAS~ENT i~N-N.''- xxt t l I
48391 S F ~ -, X X."~~ ACQU S ~ON
m. ~w',% Nxl,, I :~ AREA
~1,
L--2~ ~ N~k-~',] ~ xI~ ~ ~ w ~/~
~'.,',~
I
/
SEC. 2, TBgN,
S62'~'O7'W~ I' THE 5TH
=~.-/~ /..~.
LEGEND
DATE PREPARED: 12-5-00