Grant of Permanent Easement for Southwest Arterial_Valentine Parcel 150B (Revision) Copyrighted
May 15, 2017
City of Dubuque Consent Items # 21.
ITEM TITLE: Grant of Permanent Easement for Southwest Arterial
Project
SUMMARY: City Manager recommending approval to rescind
Resolution 210-16 for the Grant of Permanent and
Temporary Easement and adopt a revised resolution for
the acceptance of a replacement permanent utility
easement for the Southwest Arterial Project across part of
the property owned by Ronald and Marlene Valentine.
RESOLUTION Rescinding Resolution No. 210-16 which
accepted a Grant of Permanent and Temporary Easements
from Ronald L. Valentine and Marlene Valentine and
Rescinding a Temporary Construction Easement from
Ronald L. Valentine and Marlene Valentine for the
Southwest Arterial Project; and Accepting a Grant of
Permanent Utility Easement from Ronald L. Valentine and
Marlene Valentine for the Southwest Arterial Project
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Valentine Grant of Permanent Utility Easement-MVM City Manager Memo
Memo
Staff Memo Staff Memo
Resolution Resolutions
Supplement to Purchase Agreement Supporting Documentation
Grant of Permanent Easement Supporting Documentation
THE CITY OF Dubuque
DUB E i"
Masterpiece on the Mississippi 2007.2012.2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of a Grant of Permanent Utility Easement
Southwest Arterial Project– Property Acquisition
Parcel 150B – Ronald & Marlene Valentine
Iowa DOT Project No. HDP – 2100 (679)-71-31
DATE: May 10, 2017
Ronald L. Valentine and Marlene Valentine originally granted a permanent and
temporary easement to the City of Dubuque in the Grant of Permanent and Temporary
Easement dated June 2, 2016, and granted a temporary construction easement in an
unrecorded Grant of Temporary Construction Easement dated April 11, 2017.
Upon the start of construction, the Valentine's requested that the planned location for
their new farm field access location be changed. The requested location change would
alter the terms of the original Purchase Agreement and associated Temporary
Construction Easement. Additionally, the requested farm field access location change
would be outside the project limits, and outside the NEPA environmental clearance
boundary.
In an effort to clarify the changes to the original acquisition agreement documents, the
City and the Valentine's now desire to rescind the original Grant of Permanent and
Temporary Easements and the Grant of Temporary Construction Easement.
Assistant City Engineer Bob Schiesl recommends the City Council rescind Resolution
210-16 for the Grant of Permanent and Temporary Easement and adopt a revised
resolution for the acceptance of a replacement permanent utility easement for the
Southwest Arterial Project across part of the property owned by Ronald and Marlene
Valentine.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen'
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
Bob Schiesl, Assistant City Engineer
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THE MY OF Dubuque
All
All-Am
DUB E 1 1.r
Masterpiece on the Mississippi rP PP 2007-2012-2013
TO: Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer
FROM: Robert Schiesl, Assistant City Engineer
SUBJECT: Acceptance of a Grant of Permanent Utility Easement
Southwest Arterial Project - Property Acquisition
Parcel 150B - Ronald & Marlene Valentine
Iowa DOT Project No. HDP - 2100 (679)--71-31
DATE: May 9, 2017
INTRODUCTION
The purpose of this memorandum is to request City Council rescind resolution 210-16
for the Grant of Permanent and Temporary Easement and the adoption of a revised
resolution for the acceptance of a replacement permanent utility easement for the
Southwest Arterial Project across part of the property owned by Ronald & Marlene
Valentine legally described as:
A parcel of land situated in Fart of the southeast '/4 of Section 3, Township 88
North, Range 2 East of the 5t P.M., County of Dubuque, State of Iowa.
DISCUSSION
Ronald L. Valentine and Marlene Valentine originally granted a permanent and
temporary easement to the City of Dubuque in the Grant of Permanent and Temporary
Easement dated June 2, 2016, and recorded June 13, 2016 as Instrument no. 2016-
7241, records of Dubuque County, Iowa, and granted a temporary construction
easement in an unrecorded Grant of Temporary Construction Easement dated April 11 ,
2017.
Upon the start of construction, the Valentine's requested that the planned location for
their new farm field access location be changed. The requested location change would
alter the terms of the original Purchase Agreement and associated Temporary
Construction Easement. Additionally, the requested farm field access location change
would be outside the project limits, and outside the NEPA environmental clearance
boundary.
Staff worked with the Valentine's to come up with an agreeable solution. In
consideration for the cost-to-cure compensation of $7,082.00 previously paid to the
Valentine's for the Temporary Construction Easement, the Valentine's have agreed and
will assume all responsibility and costs for the construction of a replacement farm field
access road to the Valentine's private property.
In an effort to clarify the changes to the original acquisition agreement documents, the
City and the Valentine's now desire to rescind the original Grant of Permanent and
Temporary Easements and the Grant of Temporary Construction Easement.
The City and the Valentine's have also agreed to amend the original Purchase
Agreement with a Supplemental Agreement as set forth in the attached Supplement to
Purchase Agreement.
As a result of the original Grant of Permanent and Temporary Easements being
rescinded as a whole, removing the Temporary Easement, a new replacement Grant of
Permanent Easement was prepared and executed. The permanent utility easement is
for utilities for the Southwest Arterial Project and other appurtenances.
RECOMMENDATION
I recommend accepting the Supplement to Purchase Agreement and the Grant of
Permanent Easement through, over and across part of the property owned by Ronald L.
Valentine and Marlene Valentine legally described as:
A parcel of land situated in art of the southeast '/4 of Section 3, Township 88
North, Range 2 East of the 5t P.M., County of Dubuque, State of Iowa.
as shown on the as shown on the Permanent Utility Easement exhibit attached hereto.
ACTION TO BE TAKEN
I respectfully request acceptance of the Grant of Permanent Utility Easement from
Ronald & Marlene Valentine through the adoption of the attached resolution.
2
Prepared by Barry A. Linda. Esa. 300 Main St., Ste. 330. Dubuaue IA 52001-6944. 563-583-4113
Return to Kevin Firnstahl, City Clerk, 50 W. 13th St., Dubuque, IA 52001, 563-589-4100
RESOLUTION NO. 172-17
RESOLUTION RESCINDING RESOLUTION 210-16 WHICH ACCEPTED A GRANT OF
PERMANENT AND TEMPORARY EASEMENTS FROM RONALD L. VALENTINE AND
MARLENE VALENTINE AND RESCINDING A TEMPORARY CONSTRUCTION
EASEMENT FROM RONALD L. VALENTINE AND MARLENE VALENTINE FOR THE
SOUTHWEST ARTERIAL PROJECT; AND ACCEPTING A GRANT OF PERMANENT
UTILITY EASEMENT FROM RONALD L. VALENTINE AND MARLENE VALENTINE
FOR THE SOUTHWEST ARTERIAL PROJECT
Whereas, the City of Dubuque entered into an Agreement for the purchase of
easements for the Southwest Arterial Project with Ronald L. Valentine and Marlene
Valentine for the property legally described as:
A PARCEL OF LAND SITUATED IN PART OF THE SOUTHEAST 1/4 OF
SECTION 3, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M.,
COUNTY OF DUBUQUE, STATE OF IOWA
; and
Whereas, pursuant to the Agreement, Ronald L. Valentine and Marlene Valentine
granted permanent and temporary easements to the City of Dubuque in the Grant of
Permanent and Temporary Easements dated June 2, 2016, recorded June 13, 2016 as
Instrument no. 2016-7241, records of Dubuque County, Iowa, and granted a temporary
construction easement in an unrecorded Grant of Temporary Construction Easement
dated April 11, 2017; and
Whereas, the parties now desire to rescind the Grant of Permanent and Temporary
Easements and the Grant of Temporary Construction Easement; and
Whereas, the parties have also agreed to supplement the Agreement as set forth
in the attached Supplement to Purchase Agreement.
Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31
Parcel 150B Ronald & Marlene Valentine
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA AS FOLLOWS:
1. The Grant of Permanent and Temporary Easements dated June 2, 2016,
recorded June 13, 2016 as Instrument no. 2016-7241, and the unrecorded Grant of
Temporary Construction Easement dated April 11, 2017, are hereby rescinded and have
no further force and effect.
2. The Grant of Permanent Utility Easement attached hereto is hereby
accepted.
3. The Supplement to Purchase Agreement is hereby approved and the City
Engineer is directed to sign the Supplement to Purchase Agreement on behalf of the City
of Dubuque.
4. The City Clerk is authorized and directed to record this resolution, the Grant
of Permanent Utility Easement, and the Supplement to Purchase Agreement with the
Dubuque County Recorder.
Passed, approved and adopted this 15th day of May, 2017.
Roy D. Buolg Mayor
Attest:
Kevi(r 8. F rnstah' , Cityerk
Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31
Parcel 150B Ronald & Marlene Valentine
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Doc ID: 008639340008 Type GEN
Kind: EASEMENT
Recorded: 05/18/2017 at 04:18:21 PM
Fee Amt: $42.00 Page 1 of 8
Dubuque County Iowa
John Murphy Recorder
File2017-00005837
Prepared by: Barry A. Lindahl 300 Main Street Suite 330 Dubuque Iowa 52001 (563.583.4113)
Return to: Barry A. Lindahl 300 Main Street Suite 330 Dubuque Iowa 52001 (563.583.4113)
GRANT OF PERMANENT UTILITY EASEMENT
For and in consideration of the sum of TEN ($10.00) and other good and valuable
consideration, the receipt whereof is hereby acknowledged, Ronald L. Valentine and
Marlene Valentine, husband and wife, of Dubuque County, State of Iowa, for
themselves, their heirs and assigns, do hereby grant, sell and convey to the CITY OF
DUBUQUE, IOWA (City), a municipal corporation, its agents and contractors, from the
date hereof, a permanent utility easement through, under and across the following
described real estate situated in Dubuque, Iowa, to wit:
A PARCEL OF LAND SITUATED IN PART OF THE SOUTHEAST 1/4 OF
SECTION 3, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH
P.M., COUNTY OF DUBUQUE, STATE OF IOWA,
as shown on the easement exhibit attached hereto.
Said easement shall be for the purpose of utilities for the Southwest Arterial Project, and
other appurtenances in accordance with the Plans and Specifications currently on file in
the office of the City Engineer. Said easement shall also include the right to cut, trim or
remove trees, bushes and roots as may be required incident to rights given herein.
It is understood and agreed that City shall restore the disturbed area due to the
construction.
To have and to hold unto said for the duration of the Project, 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 City, its agents or contractors, shall at all
times during construction have free access to and egress from and over said real estate
for the purpose of this easement.
The Grant of Permanent and Temporary Easements by Ronald L. Valentine and
Marlene Valentine, recorded June 13, 2016 as Instrument No. 2016-7241, Records of
Dubuque County, Iowa, and an unrecorded Grant of Temporary Construction Easement
by Ronald L. Valentine and Marlene Valentine dated April 11, 2017, are hereby
rescinded and of no further force or effect.
Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31
Parcel 150B Ronald & Marlene Valentine
Dated at Dubuque, Iowa this 3rd day of May , 2017.
Perla ��2�=
Ronald L. Valentine
1��
I,�7 /ne. 1
m. rlene Valentine
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this 3rd day of May , 2017 before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Ronald L.
Valentine and Marlene Valentine, husband and wife, to me known to be the identical
person(s) 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.
RUSSELL N KIEFFER
Commission Number 778626
My Commission Expires
Max 24 2019
2
Notary Public In and For Said State
N01 °51'40'W---"1
2645.73'
W LINE SE 1/4
SEC 3-88-2E
PREPARED BY: MICHAEL R. FACLE, AECOM, 501 SYCAMORE STREET, SUITE 27, WATERLOO; /OWA, 50703p 319-232-6531
PERMANENT UTILITY EASEMENT
SOUTHWEST ARTERIAL
CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
OWNER: RONALD L. VALENTINE & MARLENE VALENTINE
COUNTY PARCEL NOS. 1503400001, 1503400002,1503400003, & 1503400004
PROJECT PARCEL NO. 150B
CTR SEC 3-88-2E
FO IRON PIN W/CAP
NO. 1441?
NW//4 5E1/4
SEC 3»88-2E
—PERMANENT UTILITY
EASEMENT
N88 °48'36"E
2626.19'
N LINE SE 1/4
SEC 3-88-2E
NE1/4 SE1/4
SEC 3-88-2E
501'06'04'E
1810.60'
E 1/4 COR
SEC 3-88-2E
FD SCM
ACQUISITION
SW1/4 SEI/4
SEC 3-88-2E
5 1/4 COR-- 5 LINE SE I
SEC 3-88-2E SEC 3-88-2E
FD SCM
DATE SIGNED: 3/16/2016
1 hereby certify that take Land Surveying
document was prepared by rte or ander
KO. ay direct personal supervistsvt and
that I a* a duly L teensed Land Surveyor
State or lowo,
kintmt R. d 6:Zei
I. rag r Cate
Ltcenee tliAlber 11905
Oilsfa Hy license renewal date te Oeceeber 31.2016
Pages or sheets covered by this seal:
SWUM I Allt 2 OF 2
AECOM
3
5E1/4 5E1/4
SEC 3-88-2E
S88°1419'W
2591.27'
LEGEND
447.75'M -4 MEASURED
447.40'R = RECORD
E LINE SE 1/4
SEC 3-88-2E
501°06'04E
2619.71'
PUE
SE COR
SEC 3-88-2E
FD SCM
0 250 500 750 1000
SCALE IN FEET
REV 1 SED: 3/16/2016
SHEET 1 OF 2
Prepared by: Barry A. Lindahl 300 Main Street Suite 330 Dubuque Iowa 52001 (563.583.4113)
Return to: Barry A. Lindahl 300 Main Street Suite 330 Dubuque Iowa 52001 (563.583.4113)
SUPPLEMENT
TO
PURCHASE AGREEMENT
Parcel 150B Dubuque County
Project No. HDP -2100 (679)--71-31 Southwest Arterial
Sellers: Ronald L. and Marlene Valentine, husband and wife
Sellers and the City of Dubuque, Iowa, Buyer, entered into a Purchase Agreement
dated May 12, 2016 for the purchase of a temporary easement through, under and across
the following described real estate situated in Dubuque, Iowa, to wit:
A PARCEL OF LAND SITUATED IN PART OF THE SOUTHEAST 1/4 OF
SECTION 3, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M.,
COUNTY OF DUBUQUE, STATE OF IOWA
Sellers and Buyer hereby supplement the Purchase Agreement as follows:
1. Par. 16 of the Purchase Agreement provided for a temporary easement for
the construction by Buyer of a road, bridge and entrance to Sellers' property.
Sellers were compensated $7,082.00 for the grant of the temporary easement.
2. Sellers and Buyer have agreed to rescind the grant of the temporary
easement and that Buyer will have no obligation of any kind to construct said road,
bridge and entrance to Sellers' property as provided in Par. 16 of the Purchase
Agreement and said temporary easement will be deleted from the West Grading
Project, Project No. NHSX-032-1 (25)--3H-31.
3. In consideration for the cost -to -cure compensation $7,082.00 previously
paid by Buyer, receipt of which is hereby acknowledged, Sellers will assume all
responsibility and costs for the construction of a replacement farm access road to
Sellers' property.
Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31
Parcel 150B Ronald & Marlene Valentine
Dated at Dubuque, Iowa this
BUYER
CITY OF DUBUQUE, IOWA
3rd day of May , 2017.
SELLERS
RONALD & MARLENE VALENTINE
By: Gus Psihoyos, City Engineer
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
Ronald L. Valentine
NOTARY PUBLIC
On this 3rd day of Mav , 2017 before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Ronald L.
Valentine and Marlene Valentine, husband and wife, to me known to be the identical
person(s) 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.
RUSSELL N KIEFFER
Commission Number 778626
My Commission Expires
May 24, 2019
—,/Lr 24.
Notary Public In and For Said State
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this 3rd day of Mav , 2017 before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Gus Psihoyos,
to me known to be the identical person(s) named in and who executed the within and
foregoing instrument, to which this is attached, and acknowledged that he executed the
same as his voluntary act and deed.
Qtr/., N votrrri' ..
Exgpirc;c ,
k w-
Mav 24 t t
2
244/ ) eTh
Notary Public In and For Said State
Prepared by Barry A. Linda. Esa. 300 Main St.. Ste. 330. Dubuaue IA 52001-6944. 563-583-4113
Return to Kevin Firnstahl, City Clerk, 50 W. 13th St., Dubuque, IA 52001, 563-589-4100
RESOLUTION NO. 172-17
RESOLUTION RESCINDING RESOLUTION 210-16 WHICH ACCEPTED A GRANT OF
PERMANENT AND TEMPORARY EASEMENTS FROM RONALD L. VALENTINE AND
MARLENE VALENTINE AND RESCINDING A TEMPORARY CONSTRUCTION
EASEMENT FROM RONALD L. VALENTINE AND MARLENE VALENTINE FOR THE
SOUTHWEST ARTERIAL PROJECT; AND ACCEPTING A GRANT OF PERMANENT
UTILITY EASEMENT FROM RONALD L. VALENTINE AND MARLENE VALENTINE
FOR THE SOUTHWEST ARTERIAL PROJECT
Whereas, the City of Dubuque entered into an Agreement for the purchase of
easements for the Southwest Arterial Project with Ronald L. Valentine and Marlene
Valentine for the property legally described as:
A PARCEL OF LAND SITUATED IN PART OF THE SOUTHEAST 1/4 OF
SECTION 3, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH RM.,
COUNTY OF DUBUQUE, STATE OF IOWA
; and
Whereas, pursuant to the Agreement, Ronald L. Valentine and Marlene Valentine
granted permanent and temporary easements to the City of Dubuque in the Grant of
Permanent and Temporary Easements dated June 2, 2016, recorded June 13, 2016 as
Instrument no. 2016-7241, records of Dubuque County, Iowa, and granted a temporary
construction easement in an unrecorded Grant of Temporary Construction Easement
dated April 11, 2017; and
Whereas, the parties now desire to rescind the Grant of Permanent and Temporary
Easements and the Grant of Temporary Construction Easement; and
Whereas, the parties have also agreed to supplement the Agreement as set forth
in the attached Supplement to Purchase Agreement.
Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31
Parcel 150B Ronald & Marlene Valentine
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA AS FOLLOWS:
1. The Grant of Permanent and Temporary Easements dated June 2, 2016,
recorded June 13, 2016 as Instrument no. 2016-7241, and the unrecorded Grant of
Temporary Construction Easement dated April 11, 2017, are hereby rescinded and have
no further force and effect.
2. The Grant of Permanent Utility Easement attached hereto is hereby
accepted.
3. The Supplement to Purchase Agreement is hereby approved and the City
Engineer is directed to sign the Supplement to Purchase Agreement on behalf of the City
of Dubuque.
4. The City Clerk is authorized and directed to record this resolution, the Grant
of Permanent Utility Easement, and the Supplement to Purchase Agreement with the
Dubuque County Recorder.
Passed, approved and adopted this 15th day of May, 2017.
//4„, o
Roy D. Buol ayor
Attest:
Kevin b F rnstah , CTtyferk
Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31
Parcel 150B Ronald & Marlene Valentine
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, 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. 172-17 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 17th day of May, 2017.
Kevi ' S. Firnstahl, CM , City Clerk
ui
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Doc ID 008639350005 Type GEN
Kind: PURCHASE AGREEMENT
Recorded: 05/18/2017 at 04:22:34 PM
Fee Amt: $27.00 Page 1 of 5
Dubuque County Iowa
John Murphy Recorder
Fi1e2017-00005838
Prepared by: Barry A. Lindahl 300 Main Street Suite 330 Dubuque Iowa 52001 (563.583.4113)
Return to: Barry A. Lindahl 300 Main Street Suite 330 Dubuque Iowa 52001 (563.583.4113)
SUPPLEMENT
TO
PURCHASE AGREEMENT
Parcel 150B Dubuque County
Project No. HDP -2100 (679)--71-31 Southwest Arterial
Sellers: Ronald L. and Marlene Valentine, husband and wife
Sellers and the City of Dubuque, Iowa, Buyer, entered into a Purchase Agreement
dated May 12, 2016 for the purchase of a temporary easement through, under and across
the following described real estate situated in Dubuque, Iowa, to wit:
A PARCEL OF LAND SITUATED IN PART OF THE SOUTHEAST 1/4 OF
SECTION 3, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M.,
COUNTY OF DUBUQUE, STATE OF IOWA
Sellers and Buyer hereby supplement the Purchase Agreement as follows:
1. Par. 16 of the Purchase Agreement provided for a temporary easement for
the construction by Buyer of a road, bridge and entrance to Sellers' property.
Sellers were compensated $7,082.00 for the grant of the temporary easement.
2. Sellers and Buyer have agreed to rescind the grant of the temporary
easement and that Buyer will have no obligation of any kind to construct said road,
bridge and entrance to Sellers' property as provided in Par. 16 of the Purchase
Agreement and said temporary easement will be deleted from the West Grading
Project, Project No. NHSX-032-1 (25)--3H-31.
3. In consideration for the cost -to -cure compensation $7,082.00 previously
paid by Buyer, receipt of which is hereby acknowledged, Sellers will assume all
responsibility and costs for the construction of a replacement farm access road to
Sellers' property.
Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31
Parcel 150B Ronald & Marlene Valentine
cif
Dated at Dubuque, Iowa this 3rd day of Mav , 2017.
BUYER SELLERS
CITY OF DUBUQUE, IOWA RONALD & MARLENE VALENTINE
By: Gus Psihoyos, City Engineer Ronald L. Valentine
.L.� s2O
1.
Marlene Valentine
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this 3rd day of Mav , 2017 before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Ronald L.
Valentine and Marlene Valentine, husband and wife, to me known to be the identical
person(s) 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.
RUSSELL N
x
Commission Number
J
26
My Commission
on/P. May 24, 2019 Notary Public In and For Said State
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this 3rd day of Mav . 2017 before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Gus Psihovos,
to me known to be the identical person(s) named in and who executed the within and
foregoing instrument, to which this is attached, and acknowledged that he executed the
same as his voluntary act and deed.
1'riy Conin.;; —.,ion t.Xpir:s
May 24, 2019
244, -71 ) eTh
Notary Public In and For Said State
Prepared by Barry A. Linda. Esa. 300 Main St.. Ste. 330. Dubuque IA 52001-6944. 563-583-4113
Return to Kevin Firnstahl, City Clerk, 50 W. 13th St., Dubuque, IA 52001, 563-589-4100
RESOLUTION NO. 172-17
RESOLUTION RESCINDING RESOLUTION 210-16 WHICH ACCEPTED A GRANT OF
PERMANENT AND TEMPORARY EASEMENTS FROM RONALD L. VALENTINE AND
MARLENE VALENTINE AND RESCINDING A TEMPORARY CONSTRUCTION
EASEMENT FROM RONALD L. VALENTINE AND MARLENE VALENTINE FOR THE
SOUTHWEST ARTERIAL PROJECT; AND ACCEPTING A GRANT OF PERMANENT
UTILITY EASEMENT FROM RONALD L. VALENTINE AND MARLENE VALENTINE
FOR THE SOUTHWEST ARTERIAL PROJECT
Whereas, the City of Dubuque entered into an Agreement for the purchase of
easements for the Southwest Arterial Project with Ronald L. Valentine and Marlene
Valentine for the property legally described as:
A PARCEL OF LAND SITUATED IN PART OF THE SOUTHEAST 1/4 OF
SECTION 3, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M.,
COUNTY OF DUBUQUE, STATE OF IOWA
; and
Whereas, pursuant to the Agreement, Ronald L. Valentine and Marlene Valentine
granted permanent and temporary easements to the City of Dubuque in the Grant of
Permanent and Temporary Easements dated June 2, 2016, recorded June 13, 2016 as
Instrument no. 2016-7241, records of Dubuque County, Iowa, and granted a temporary
construction easement in an unrecorded Grant of Temporary Construction Easement
dated April 11, 2017; and
Whereas, the parties now desire to rescind the Grant of Permanent and Temporary
Easements and the Grant of Temporary Construction Easement; and
Whereas, the parties have also agreed to supplement the Agreement as set forth
in the attached Supplement to Purchase Agreement.
Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31
Parcel 150B Ronald & Marlene Valentine
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA AS FOLLOWS:
1. The Grant of Permanent and Temporary Easements dated June 2, 2016,
recorded June 13, 2016 as Instrument no. 2016-7241, and the unrecorded Grant of
Temporary Construction Easement dated April 11, 2017, are hereby rescinded and have
no further force and effect.
2. The Grant of Permanent Utility Easement attached hereto is hereby
accepted.
3. The Supplement to Purchase Agreement is hereby approved and the City
Engineer is directed to sign the Supplement to Purchase Agreement on behalf of the City
of Dubuque.
4. The City Clerk is authorized and directed to record this resolution, the Grant
of Permanent Utility Easement, and the Supplement to Purchase Agreement with the
Dubuque County Recorder.
Passed, approved and adopted this 15th day of May, 2017.
Attest:
Kevyn S. Fi ntah{, Citytferk
0-/
Roy D. Buol,{JMayor
Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31
Parcel 150B Ronald & Marlene Valentine
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, 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. 172-17 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 17th day of May, 2017.
Kevirl'S.rFirnstahl,CMC, City Clerk