South Way Deed DuTrac ROWMEMORANDUM
September 30, 2003
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
South Way - Acceptance of Warranty Deed
Public Works Director Mike Koch recommends City Council accept the warranty deed
from DuTrac Community Credit Union for a right-of-way purchase on South Way at
Asbury Road.
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 30, 2003
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director ~,~,~/~
South Way - Acceptance of Warranty Deed
INTRODUCTION
Enclosed is a resolution accepting a warranty deed for a right-of-way purchase on South
Way at Asbury Road.
DISCUSSION
South Way in Westchester Subdivision was realigned during construction of the roadway
to allow for more sight distance at the intersection with Asbury Road. The right-of-way
had already been platted and did not encompass the actual roadway pavement. During
the development of the DuTrac Community Credit Union property, an agreement to
dedicate the necessary area for the street and sidewalk was established. This deed
completes that transfer and establishes a 50-foot right-of-way for South Way.
Enclosed is a warranty deed for the parcel needed for the existing paving and sidewalks.
Included is the following warranty deed:
OWNER
LEGAL DESCRIPTION
DuTrac Community Credit Union
Tract A of Lot I in Block 1 of Westchester
in the City of Dubuque, Dubuque County,
Iowa
RECOMMENDATION
I recommend the warranty deed from DuTrac Community Credit Union be accepted by
the City Council through the adoption of the enclosed resolution.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution accepting the warranty
deed.
MAK/vjd
Prepared by Ronald J. Turner, PLS
RESOLUTION NO. 362-03
A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY ON
SOUTH WAY TO THE CITY OF DUBUQUE
Whereas, DuTrac Community Credit Union agreed to convey Tract A of
Lot 1 in Block 1 of Westchester in the City of Dubuque, Dubuque County, Iowa,
as shown on the Warranty Deed thereof; and
Whereas, DuTrac Community Credit Union 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 and consents to the Warranty Deed, from DuTrac Community Credit
Union, copies of which are attached hereto, as acquired 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.
2003.
Passed, approved and adopted this 6th
day of October 2003
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
SOUTH WAY AQUISITION
VICINITY MAP
NORTH
2OO
GRAPHIC SCALE
0 100 200
1 INCH = 200'
400
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13~ Street, Dubuque, IA 52001 (563) 589-4270
Address Tax Statement: City of Dubuque, 50 W. 13m StTeet, Dubuque, IA 52001 (563) 589-4270
WARRANTY DEED
For the consideration of One and 00/100 Doll.ar ($1.00) and other valuable
consideration, DuTra¢ Community Credit Union does hereby convey to the City
of Dubuque, Iowa, the following described real estate in Dubuque County, Iowa:
Tract A of Lot 1 in Block 1 of Westchester in the City of Dubuque,
Dubuque County, Iowa
This land is being acquired for public purposes and a Declaration of Value
is not required according to Iowa Code Section 428A.1.
Deeds with a consideration of $500.00 or less are exempt from transfer
tax. Iowa Code Sec. 428A. 1.
Grantors do hereby covenant with Grantees, and successors in interest,
that Grantors hold 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 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 dghts 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.
Dated at Dubuque, Iowa this //~7 day of *~~, 2003.
DUTRAC COMMUNITY CREDIT UNION
Tom N. Sarvis, President & CEO
Alan L. Schuster, Vice President
Preoared by: SCHNEIDER Land Surveying and P)anning. Inc. P.O.Box ~05 Peosta, Iowa 52068 ~h#563-556-9055
ACgUISITION PLAT
TRACT 'A' OF LOT 1 IN BLOCK 1 OF WESTCHESTER,
~ CITY OF DUBUgUE,',gUBUgUE COUNTY, IOWA
~FOUNB
/ REBAR w/
YELLOW CAP
¢t4417 (TYP.)
P.O.B.
NW'RLY CORNER~-.
LOT 1, BLOCK
WESTCHESTER -
E CORNER~
BT 8.
LOCK 10,
ESTCHESTER
BUND PIPE
.4B WEST
~ LINE
E CORNER
LOCK
ESTCHESTER
PROPRIETOR:
DUTRAC COMMUNITY
CREDIT UNION
SURVEY REQUESTED BY:
TOM SARVIS
SURVEY DESCRIPTION:
SEE SHEET 8
YRACT' A'
~068 SQ. FT.
,--FOUND
I1-114"
/ PIPE
eo 00'
~SET l/B"
REBAR w/
YELLOW CAP
#14417 (TYP.)
/~SW'RLY CORNER
LOT t. BLOCK 2.
WESTCHESTER
SET ~A6 NAIL IN
CONC. SIDEWALK
NE'RLY
LOT 5, BLOCK
WESTCHESTER
FOUND
PIPE
GRAPHIC SCALE 1"=20 '
0 20 40 60
Date: 7/3/2003
SCHNEIDER
Land Surveying
Planning, Inc
P.O Box ~05
Pro~ec~: 548