US 20 Bridge, ROW - IDOT
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MEMORANDUM
March 1, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: US 20 Bridge - Right-of-Way
On September 16, 2002, the City of Dubuque entered into an agreement with the Iowa
Department of Transportation to provide the necessary right-of-way for the construction
of a new US 20 bridge crossing the Mississippi River. A part of this agreement stated
that the City would provide City lands without cost to the Iowa DOT.
City Engineer Gus Psihoyos recommends City Council approval of the Purchase
Agreement and Quit Claim Deed for Parcel No. 104 to the Iowa Department of
Transportation for the mutual benefit of both parties, and setting a public hearing on
March 21, 2005.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
f .
/l'!Z ~)) .2iJL
Michael . Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
THECITYOF ~
DUB E
~~~
MEMORANDUM
February 28, 2005
FROM:
Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer ~
TO:
SUBJECT:
US 20 Bridge - Right-of-Way
INTRODUCTION
This packet is a follow-up to a previous Right-Of-Way Agreement for City Street
Relocations on/or Reconstruction between the City of Dubuque and the Iowa
Department of Transportation (Iowa DOT) for the construction of a new US 20
Bridge over the Mississippi River. This transaction includes approval of a
Purchase Agreement and Quit Claim Deed for Parcel No. 104 lying east of
Terminal Street south of the existing Julien Dubuque Bridge.
BACKGROUND
On September 16, 2002, the City of Dubuque entered into an agreement with
Iowa DOT to provide the necessary right-of-way for the construction of a new US
20 bridge crossing the Mississippi River. A part of this agreement stated that the
City would provide City lands without costs to the Iowa DOT. Parcel No. 104 is a
59,230 square foot parcel, of which 25,258 square feet is right-of-way for the
existing Julien Dubuque Bridge. The parcel has been surveyed as shown on the
Acquisition Plat - Exhibit A.
DISCUSSION
The Acquisition Plat indicates easements for existing and proposed sewers in the
area to be disposed of. The purchase agreement for Parcel No. 104 indicates
the conveyance to be for the "mutual benefit" of both the City and the Iowa DOT.
Sitco, Inc., a tenant on the premises, is currently in discussion with the Iowa DOT
on leasehold rights.
The Iowa DOT has prepared the Purchase Agreement and Quit Claim Deed for
this transaction.
ACTION TO BE TAKEN
City Engineering recommends the approval of the Purchase Agreement for
Parcel NO.1 04 for Iowa DOT Project BRF-20-9(158)-38-31 and the setting of a
public hearing on March 21, 2005, for the disposal of said Parcel NO.1 04 to the
Iowa Department of Transportation for the mutual benefit of both parties.
Prepared by Ronald J. Turner, PLS
cc: Barry Lindahl, Corporation Counsel
Bob Schiesl, PE
Ron Turner, PLS
.'
RESOLUTION NO. 79-05
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN A
PARCEL OF LAND LOCATED IN GOVERNMENT LOT 3 OF SECTION 30,
TOWNSHIP 89 NORTH, RANGE 3 EAST OF THE 5TH P.M., CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, the City of Dubuque is the owner of land located in Government
Lot 3 of Section 30, Township 89 North, Range 3 east of the 5th P.M. in the City
of Dubuque, Dubuque County, Iowa; and
Whereas, the State of Iowa has requested additional right-of-way for the
construction of a US Highway 20 bridge over the Mississippi River; and
Whereas, the State of Iowa has prepared and submitted to the City
Council a plat showing the area necessary for additional right-of-way, which
hereinafter shall be known and described as a parcel of land in Government Lot
3 of Section 30, Township 89 North, Range 3 east of the 5th P.M. in the City of
Dubuque, Dubuque County, Iowa, as shown on Acquisition Plat Exhibit A dated
February 22, 2005 attached hereto and by this reference made a part hereof,
should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to dispose of its interest in
a parcel of land in Government Lot 3 of Section 30, Township 89 North, Range 3
east of the 5th P.M. in the City of Dubuque, Dubuque County, Iowa, as shown on
said Acquisition Plat Exhibit A dated February 22, 2005.
Section 2. That the conveyance of a parcel of land in Government Lot 3
of Section 30, Township 89 North, Range 3 east of the 5th P.M. in the City of
Dubuque, Dubuque County, Iowa, as shown on said Acquisition Plat Exhibit A
dated February 22, 2005, to the State of Iowa be contingent upon the payment of
platting, publication and filing fees.
Section 3. That the City Clerk be and is hereby authorized and directed
to cause a notice of intent to dispose of said real estate to be published in the
manner as prescribed by law.
Passed, approved and adopted this 7th day of March, 2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270
RESOLUTION NO.
RESOLUTION DISPOSING OF CITY INTEREST IN A PARCEL OF
LAND LOCATED IN GOVERNMENT LOT 3 OF SECTION 30, TOWNSHIP 89
NORTH, RANGE 3 EAST OF THE 5TH P.M., DUBUQUE, IOWA
Whereas, pursuant to resolution and published notice of time and place of
hearing, published in the Telegraph Herald, a newspaper of general circulation
published in the City of Dubuque, Iowa on this _ day of , 2005,
the City Council of the City of Dubuque, Iowa met on the day of
, 2005, at 6:30 p.m. in the Public Library Auditorium, 360 West 11
Street, Dubuque, Dubuque County, Iowa to consider the proposal for the
conveyance of the interest of the City of Dubuque in the following real estate
described as:
A parcel of land located in Government Lot 3 of Section 30, Township 89
North, Range 3 east of the 5 P.M., City of Dubuque, Dubuque County, Iowa, as
shown on Acquisition Plat Exhibit A dated February 22, 2005, attached hereto
and by this reference made a part hereof.
Whereas, the City Council of the City of Dubuque, Iowa overruled any and
all objections, oral or written to the proposal to convey such real estate, except
for easement as noted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the conveyance of City of Dubuque real property
described as parcel of land located in Government Lot 3 of Section 30, Township
89 North, Range 3 east of the 5 P.M., City of Dubuque, Dubuque County, Iowa,
as shown on said Acquisition Plat Exhibit A dated February 22, 2005, to the State
of Iowa be and the same is hereby approved for the sum of publication, platting
. and filing fees. Conveyance shall be by Quit Claim Deed.
Section 2. The City of Dubuque reserves unto itself a perpetual
easement including the right of ingress and egress thereto, for the purpose of
erecting, installing, constructing, reconstructing, repairing, owning, operating, and
maintaining storm and sanitary sewer drainage, as shown on said Acquisition
Plat Exhibit A dated February 22, 2005.
Section 3. That the Mayor be authorized and directed to execute a Quit
Claim Deed, and the City Clerk be and is hereby authorized and directed to
deliver said deed of conveyance to the State of Iowa.
Section 4. That the City Clerk be and is hereby authorized and directed
to record a certified copy of this resolution in the offices of the City Assessor,
Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this
day of
2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
lOOT AQUISITION
GRAPHIC SCALE US 20 BRIDGE (PARCEL 104)
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STAFF ACTION:
S-2003-0255
RIGHT OF WAY AGREEMENT FOR
CITY STREET RELOCATIONS AND/OR RECONSTRUCTION
County Dubuque
City Dubuque
Project No. BRF-20-9(149}--38-31
Agreement No. 2003-1-026
1. This Agreement is between the City of Dubuque hereinafter designated the "CITY", and the
Iowa Department of Transportation, Highway Division, hereinafter designated the "DOT"
and in accordance with Iowa Code Sections28E.12 and 306A.7.
2. The CITY hereby agrees that the DOT shall acquire rights of way for construction of a new
U.S. 20 bridge crossing, of the Mississippi River, between the Cities of Dubuque, Iowa and
East Dubuque, Illinois.
3, The CITY hereby agrees that said right of way be acquired and paid for by the DOT and said
acquisition shall be carried out in the following manner:
In connection with this project, any real estate and easements necessary for right of
way to construct the connection of any city street or alley on a primary highway
relocation or reconstruction project, as well as any recreational trail, access road or
frontage road rights of way, if any, which are or shall be under the jurisdiction of the
CITY, may be acquired by the DOT, for and in the name of the CITY. Where acquired
by contract, the CITY shall receive and agrees to accept title from the contract seller.
Where condemnation proceedings are necessary, a single joint condemnation
proceeding shall be instituted by the DOT to acquire necessary property rights for the
CITY and DOT.
4. Also as part of this project, the CITY shall be responsible for providing, without cost to the
DOT, any right of way for the project which involves dedicated streets or alleys, and any
other city-owned lands, except park land, which are required for the project subject to the
..
2
condition that the DOT shall reimburse the CITY for the value of improvements situated on
such other city-owned lands. The CITY has apprised itself of the value of these lands, and as
a portion of their participation in the project, voluntarily agrees to make such lands available
without further compensation. The DOT shall be responsible for acquisition of all other right
of way.
5. . Access rights may be acquired by the DOT along all city street intersections within the
project limits. Access rights, if acquired, will be in the name of the State of Iowa. The
acquisition of access rights will be in accordance with 761 Iowa Administrative Code
Chapter 112.11(8) and the 2002 DOT Access Control regulations.
If the CITY feels that it is in the best interest of the parties involved to modify the access
rights in any way, they may petition the DOT District 6 Engineer to do so.
6. This Agreement may be executed in two counterparts, each of which so executed shall be
deemed to be an original and both shall constitute but one and the same instrument.
~
3
-
',-
,
"
3
1;-< 'WlTNF.sS \'m~:ln:O:F. each of tbe parties bcrcto Jul. c-x<c"ced Agreemenl No.
2003.1-026 as of the date sho"'" opr"""" its silP"'lure below:
CITY OF DUIlU(lUE:
1i~
By; ~
Tille; yot
Date
Sept""",,. 16
,200.!.-.
t. J~anne F. Schn~1der
,certtfy that ! Bm the ClcrkoflhcCITY, and
that Terrance M. Doggan
. woo .ig;lled 'Bid Agrocmrnl for and on behalf
of the CITY was
S(!pt~JlIbepa
dul,. audlorized to CXCCllCC
~.W~
Ihe some on tbe
16th
day of
Signed
City lcrk -ofDl.lbuquc, IQWH
lOW A DEPARTMENT OF TRANSrORTATlON:
By; (2J.c.h.t..a C: t(J);J.:;
Ridlltrd Ksul:<
District Enginccr
Disuict 6,
Dal<
a "'0
1-,..
.200~.
,-
"
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.
Valerie Goethals. Rlllht of Way Office. Iowa Dept. of Transportation. Bee lincolnw;y, AMeS. V, SElElHl, 515-239-1361
Forlll 6)4-812 {Rev, f>/\l4) 2G-1G4-citvoubUOUE:
e Iowa Department of Transportation Page 1
~, PURCHASE AGREEHENT
Mutual Benefit
PARCEL NO.
PROJECT NO.
SELLER:
te4
BRF-2e-9(lSB)--3B-31
COUNTY
ROAD NO.
OubuQue
Hwy 29
Citv of Dubuoue Iowa
THIS AGREEMENT entered into this ______ day of , ~, by and between
Seller and the Iowa Department of Transportation. acting for the State of Iowa, Buyer.
la. SELLER AGREES to sell and furnish to Buyer a conveyance document, on form(s)
furniShed by Buyer, and Buyer agrees to buy the following real estate, hereinafter
referred to as the premises, sttuated in parts of the following:
Government Lot 3 of Section 30 Townsh1o 89 North Ranee 3 East
County of ~, State of Iowa, and more particularly described on Page 4-5,
including the following buildings. improvements and other property:
All land trees shrubs landscaoing and surfacing attached to the p-remises
sou~ht and described herein
lb, SELLER ALSO AGREES to convey to Buyer all of Seller's rights of direct access from
the premises to Highway llL&:
Ili..6
excepting and reserving to Seller the right of access at the following locations:
Ili..6
Ie. SELLER ALSO GRANTS to Buyer a temporary easement as shown on Right of Way Design
Plot Plan attached as Page 4, for the purpose of ShaDing and Tank Removal, and as
shown on the project plans for said highway improvement. Said Temporary Easement(s)
shall terminate upon completion of this hi&hway project.
1d. The premises also includes all estates, rights, title and interests, including all
easements, and all advertising de~ices and the right to erect such devices as are
located thereon. SELLER CONSENTS to any change of grade of the highway and accepts
payment under this agreement for any and all damages arising therefrom. SELLER
ACKNOWLEDGES full settlement and payment from Buyer for all claims per the terms of
this agreement and discharges Buyer from liability because of this agreement and the
construction of this pUblic improvement project.
2. Buyer agrees to pay and SELLER AGREES to grant the right of posseSSion, convey title
and surrender physical possession of the premises as shown on or before the dates
listed below.
PAYMENT AMOUNT AGREED PERFORMANCE OATE OF PERFORMAHCE
I a.ea 00 conveyance of title
I a.aa 00 surrender of possession
Mutua 1 Beneff<tn possession and conveyance 66 days after Buyer approval
I a.ea TOTAL LUMP SUM
Breakdown
Land by Fee Title
Underlying Fee Title
Permanent Easement
Temporary Ease~ent for Borrow
Ac./So.Ft.
rods woven
rods barbed
sq. ft.
sq. ft.
Fence:
Fence:
33,972
25,258
acres
_ acres
3. Each page and attachment is a part of the entire agreement consisting of 2 pages
]'
DISTRIBUTION: TWO COPIES RETURNED TO BUYER (IOWA DOT) ~- ONE COpy RETAINED BY SELLER
Page 2
PARCEL NO.
PROJECT NO.
194
BRF-29-9(lSB)--38-31
COUNTY Dubuque
ROAD NO. Hwy 29
4. Possession of the premises is the essence of this agreement and Buyer may enter and
,assume full use and enjoyment of the premises per the terms of this agreement. SELLER
GR^NTS auyer the immeu1ate right to enter the premises for the purpose of gathering
survey and soil d~ta. SELLER MAY surrender possession of the premises or building or
improvement or any part thereof prior to the time at which he has hereinafter agreed
to do so. and agrees to give Buyer ten (18) days notice of Seller's intention to do
so by calling Buyer cotlect.
5, SELLER WARRA~TS that there are no tenants on the premises holding under lease except:
SiteD Inc.
6. This agreement shall apply to and bind the legal successors in interest of the Seller
and SELLER AGREES to pay all liens and assessments against the premises, inCluding
all taxes and special assessments payable until surrender of possession as required
by the .Code of Iowa, and agrees to warrant good and sufficient title. Names and
addresses of lienholders are:
---1Mll<l
7. Buyer may include mortgagees, lienholders, encumbrancers and taxing authorities as
payees on warrants issued in payment of this agreement. In addition to the Total
Lump Sum, Buyer agrees to pay ~for the cost of adding title documents required
by this transaction to Seller's abstra~t of title. If r~quested to do so, SELLER WILL
deliver to Iowa Department of Transportation. Office of Rignt of Way, BGa Lincolnway,
Ames, IA Seale an abstract of title to the premises, Buyer agrees to pay the cost of
abstract continuation, SELLER AGREES to provide such documents as may be required by
Iowa Land Title Standards to convey merchantable title to the Buyer. SELLER ALSO
AGREES to obtain court approval of this agreement. if requested by Buyer. in the
event title to the premises becomes an asset of any estate, trust, conservatorship or
guardianship, Buyer agrees to pay court approval costs and all other costs necessary
to transfer the premises to Buyer, but not attorney fees. Claims for su<h t,ansfer
costs shall be paid in amounts supported by paid receipts or signed bilts.
6, Buyer agrees that any agricultural drain tiles that are located witnin the premises
and are damaged or require relocation by highway construction shall be repaired or
relocated at no expense to Seller. Where Buyer specifically agrees to construct and
maintain "fence, the fence shall be constructed and maintained for veh1cle access
control purposes only at no expense to Seller. Buyer shall have the right of entry
upon Seller's remaining property along the right of way tine, if necessary, for th~
purpose of connecting said drain tile and constructing and maintaining said fence.
Seller may pasture ag~inst said fence at his own risk. Buyer will not be liable for
fencin& private property or maintaining th~ sam~ to restrain livestock.
9. If Seller holds title to the premises ;n joint tenancy' with full rights of
survivo,ship and not as tenants in common at the time of this agreement, Buyer wilt
pay any remaining proceeds to the survivor of that joint tenancy and will accept
title solely from that survivor, provided the joint tenancy has not been destroyed by
operation of law or acts of Seller,
19. These premises are being acqUired for public purposes and .thiS transfer is exempt
from the reqUirements for the filing of a Declaration of Value by the Code of Iowa.
11. Buyer hereby gives notice of Seller's five-year right to renegotiate construction or
maintenance damages not apparent at the time of the signing of th1s agreement as
required by the Code of Iowa.
12. ThiS written agreement constitutes the entire agreement between Buyer and Seller and
there is no agreement to do or not to do any act or deed except as specifically
provided for herein.
13. Selle, states and warrants that, to the best of Seller's knowledge, there is no
burial site. welt, solid waste disposal site, hazardous substance, nor underground
storage tank on the premises described and sought herein except none.
.I
,
!
Page 3
PARCEL NO.
PROJECT NO.
194
BRF-29-9(lS8)--38-31
DubuQue
Hwy 28
COUNTY
ROAD NO.
StlLER'S SIGNATURE AND CLAIMANT'S CERTIFICATION: Upon due approval and execution by the
Buyer, we the undersigned claimants certify the Total Lump Sum payment shown herein is
just and unpaid,
City of Dubuque, Iowa
BY X
By X
Terrance Duggan, Mayor
Jeanne Schneider. City Clerk
50 West 13th Street
Dubuque, IA 52091
(NOTARY PUBLIC: PLEASE COHPlETE LEFT AND RIGHT SIDES)
SELLER'S ALL-PURPOSE ACKNOWLEDGMENT : CAPACITY CLAIMED BY SIGNER:
STATE OF Iowa }: 0 INDIVIDUAL
COUNTY OF ~ } ss: : 0 CORPORATE
i Title(s) of Corporate Officer(s);
On this _____ day of , A,D.
~, before me, the undersigned, a Notary Public
'0 "d fo, "'d State. pe"ooal1y ,ppe'''d : 0
Te""" 0,.." "d Jeaone schoe'd., . : 0
o to me personally known : 0
or 0 proved to me on the basis of satisfactory:
evidence to be the person(s) whose name(s) is/are:
subscribed to the within instrument and acknowledged: 0
to me that he/she/they executed the same in: 0
his/her/their autllOrized capacHy(ies), and that by i 0
his/her/their signature(s) on the instrument the: 0
person(s), or the entity upon behalf of which the:
person(s) acted, executed the instrument. : SIGNER 15 REPRESENTING:
i List name(s) of entity
: person(s)
Corporate Seal is
No Corporate Seat
PARTNER(s):
o Limited Partnership
o General Partnership
ATTORNEY-IN~FA(T
EXECUTOR(s) or TRUSTEE(s)
GUARDIAN(s) or CONSERVATOR(s)
OTHER:
affixed
procured
(ies)
or
(Sign in Ink)
(Pr1nt/Type Name)
Notary Public in and for the State of
Hy Commission expires
(NOTARIAL SEAL)
BUYER'S APPROVAL
Recommended by: Project Agent
Sh1 rley A. Kent
(Date)
Approved by: Right of Way Director
Ronald W. Otto
(Date)
BUYER'S ACKNOWLEDGMENT
STATE OF IOWA: ss On th1s day of . ~, before me, the
undersigned. personalty appe~ , known to me to be
a Right of Way Director of Buyer and who did say that said instrument was signed on
b:hatf of Buyer by its authority duty recorded in its minutes, and said Right of Way
Dlrector acknowledged the execution of said instrument, which signature appears hereon,
to be the voluntary act and deed of Buyer and by it voluntarily executed.
Notary Public 1n and for the State of Iowa
(NOTARIAL SEAL)
i
,
IOWA DEpARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT
PLOT PLAN
JlO2OOIllll2v"\lJIlI2OI~ 104
~~+
PARCEL NO.: 104
OWNER: CI TY OF DUBUQUE
t M~~ftP.Et&:,~q~~l ~~RE~~~~bl~F q ~8~~Dl NE A~~R Mbtfb~l?W- dY.C,
SEClIDN: T N-R W. LEGEND
-
SCAlE:I": ~DO:. w,o. OR E"SE~Ei'll UNE,
ACCESS LOCATION POINT, ....
I'ROI'ERn LINE, ,I,
CITY OF DUBUQUE
N
EX.
'"
DODGE STR
~ us
TEt.lPORARY [ASOol[t;T TO
REr.lOVe: tANI'.S
ZGOSF.
i
COUNTY: DUBUQUE
PROJECT NO.: BRF-20-9US8)--38-31
IOWA
DEPARTMENT OF
ACQUISITION
EXHIBIT
TRANSPORTATION
PLAT
"A"
DUBUQUE
BRF -20-91158)-- 38- 31
TOWNSHIP
SO FT. EASE
- STA
- STA
COUNTY
PROJECT NO.
SECTIoN 30
ROW-FEE 59.230*
ACCESS RIGHTS ACOUIRED
ACCESS RIGHTS ACOUIRED
STATE CONTROL NO.
PARCEL NO.
RANGE 3E
SO FT EXCESS-FEE _SO FT
MAIN LINE SIDE
SIDE ROAD SIDE
104
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NOTE: 19~1 CENTERLINE AND RIGHT OF WAY CITY OF DUBUQUE BRIDGE COMMISSION PLAN
RECORDED IN BaOl(, 155 Pi\.GE ~1Z, OFFICE OF DUBUQUE COVIHY RECORDER.
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I hereby certify the~ t~is \ond 5urvey:ng document 'lies
prepored and the related survey work WOS performed
by me 0"" under my direct personal supervis;on and that
I om G duly licensed land surveyor under the laws of
ta of Iowa.
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Em,IMl,<-\l;<;. 1>I.~_RS
LmpSURVEYPIIS
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OOaUQUE.IA 520017024
Law...ence A. 80 ... te
L,cense Number 9761
My I ;cense renewal dote is Decemer 31. 2006,
Sheets covered by this seal: 1 of 1
HO CEIHRAL AVENUE 563-562-5461
DATE ORAWN
06/01/04
REV I SED 02116/05
I" ;: 60'
SCALE
I:i'tt.,owa Department
,." of Transportation
Pftpm'ftlby"" retuw.to: EIOIer~p,OfIkeofRlptorW.,. 800 UDeoIn Way..u-.lA 50010.515-239-1416
QUITCLAIM DEED
(CORPORATE GRANTOR)
For the consideration of Mutual Benefit and other valuable considerations in hand paid by Iowa Department
of Transportation, CITY OF DUBUQUE, a corporation organized and existing under the Jaws of the State
oflowa, does hereby Quitclaim to the STATE OF IOWA all its right, title, estate, claim and demand in the
following described real estate in Dubuque County, Iowa:
THE RIGHTS, 1TfLE, CLAIM, INTEREST, IF ANY, GRANTED IS TO LAND
DESCRIBED AS FOLLOWS:
A parcel of land located in Govenuoent Lot 3 of Section 30, Township 89 North, Range 3 East of
the 5~ P,M" Dubuque County, Iowa, as shown on Acquisition Plat Exhibit "A" attached hereto and
by this reference made a part hereof; more particularly described as follows:
Commencing at the Southeast comer of Block 7 of said Dubuque Harbor Co, 's Addition; thence
North 02 degrees 16 minutes 29 seconds East, 59,11 feet along the Westerly line of said Tenninal
Street to the 1941 City of Dubuque Bridge Commission Plan Centerline recorded in Book 155 Page
472 in the Office of the Dubuque County Recorder; thence North 86 degrees 33 minutes 37
seconds East, 60.30 feet along said Plan Centerline to the point of beginning being on the Easterly
line of said Tenninal Street; thence North 02 degrees 16 minutes 29 seconds East, 38,19 feet along
said Easterly line to the intersection ofa line parallel with and normally distant 36,00 feet Northerly
from the Centerline of Primary Road U.S, 20 Westbound lane; thence North 86 degrees 33 minutes
37 seconds East, 296 feet more or less along said parallel line to the Mississippi River; thence
Southerly along said River to the intersection ofa line parallel with and normally distant 56,00 feet
Southerly from the Centerline of Primary Road U. S, 20 Eastbound Lane; thence South 86 degrees
33 minutes 37 seconds West, 233 feet more or less along said parallel line to said Easterly line of
Tenninal Street; thence North 10 degrees 46 minutes 49 seconds West, 49,06 feet along said
Easterly line; thence North 02 degrees 16 minutes 29 seconds East, 120,94 feet to the point of
beginning; containing 59,230 square feet more or less including 25,258 square feet more or less in
present established road,
This deed is given in fulfilhnent of a certain contract dated . 2004, and recorded in the
Dubuque County Recorder's Office on , 2004, in Instrument
This land is being acquired for public purposes and a Declaration of Value is not required, Iowa Code Sec,
428Al.
Dubuque County Project No, BRF-20-9(158}-38-3l
City of Dubuque (parcel 104)
Words and phrases herein, including acknowledgment hereof; shall be construed as in the singular or plural
number, and as feminine or masculine gender, according to the context.
Dated
. 20_ (SIGN IN INK)
CITY OF DUBUQUE:
By:
By:
Terrance Duggan, Mayor
Jeanne Schneider, City aerk
STATE OF IOWA,
COUNTY, ss:
. 20 ~ before me,
, a Notary Public in and for said State, personally appeared
and
. to me personally known, and, who, being by me
duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of
. Iowa; that the seal affixed to the foregoing instrument is the corporate
seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by
authority of its City Council, as contained on Ordinance No. passed (the Resolution
adopted) by the City Council, under Roll Call No. of the City Council on the
day of . 20 ~ and that
On this
day of
and
acknowledged the execution of the instrument to
be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily
executed.
Dubuque County Project No. BRF-20-9(158}-38-31
City of Dubuque (Parcel 104)
IOWA
DEPARTMENT OF
ACQUISITION
EXHIBIT
TRANSPORTATION
PLAT
II A II
DUBUQUE
BRF -20-9( 158)-- 38- 31
TOWNSHIP
SO FT. EASE
STA
- STA
COUNTY
PROJECT NO.
SECT I ON
ROW-FEE 59,230*
ACCESS RIGHTS ACOUIRED
ACCESS RIGHTS ACOUIRED
STATE CONTROL NO.
PARCEL NO.
RANGE 3E
SO FT EXCESS-FEE _SO FT
MAIN LINE SIDE
SIDE ROAD SIDE
104
30
89N
STA
STA
ACOUIRED FROM
DOD~~ s rk'~~ T
(64' It/IDE)
PRIMARY ROAD US 20
AS
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WHKS & CO.
CITY
LOT 1
LOT B OF
LOT 2
EXISTING
ROWa.,:
,,-0\ "
PR1M"RYROAO
US2D~ST
BOUND LANE
EX!STI,"G UJ~
lq~1 CITY OF ~R:
DUBUQUE BRIDGE Nul
COMI4ISSrCNPllN"U,'D
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*INCLUDES 25,258 SQUARE FEET IN PRESENT ESTABLISHED ROAD
NOTE: 19<11 CENTERLINE AND RIGHT OF WAY CITY OF DUBUQUE BRIDGE COMMISSION PLAN
RECORDED IN BOOK 155 PAGE <l72, OFFICE OF DUBUQUE COUNTY RECORDER.
SANITARY AND STORM SEWER EASEMENT FOR THE RECONSTRUCTION, REPAIR, AND MAINTENANCE
OF SANITARY AND STORM SEWERS RESERVED BY THE CITY OF DUBUQUE
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0 IS 56.00' RT OF US 20 EB STA. 124<-52:1:
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:-"; BOYER : :
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I
50
~ ACQUISITION LINE
X PLACED CUT "X" TOP OF
CONCRETE FLOOD WALL
o PLACED REBAR
WITH lOOT CAP
MSL MEAN SEA LEVEL DATUM
(1912 ADJUSTMENT)
certify that th s lond surveying decurrent wes
and the related survey work wes performed
under my direct personol superviSion and that
Iy I icensed Land Surveyor under the lows of
of iowa.
LANDSUllVEYORS
Boyer
License Number 9761
My I icense renewal dote is December 31. 2DD6.
Sheets covered by trl i 5 sea I : , of 1
ENGINEERS PLANNERS
470 CENTRAL AvrNur 553-582-5481
DATE DRAWN
DUBU()UE.1A 520017D24
06/0 I /04
REVISED 02/16/05
I" = 60'
SCALE
f+",.owa Department
..."' of Transportation
F_&35-042
,....,
Esdterrn.-pp.~oflUptofWay. 800 UlK:olaw.".A-.1A 50010 515-139-1416
ResolutioD No.
CITIES AND TOWNS
CERTIFICATION OF MUNIOPAL
CORPORATE RESOLmONS
SALE OF REAL PROPERTY AND
DELIVERY OF CONVEYANCE
Parcel No. 104
Project No. BRF-Z6-9(158~38-31
Dubuque County
Primary Road No. ZO
I, the under.ligned, Jeanne Schneider, City Clerk of the City of Dubuque, Iowa, . municipal C01(lOI1lIioo duly organized audexisting
under the I.ws of the Stale oflowa, DO HEREBY CERTIFY that notice of. pending sale of real estale has been publisbed at least
once, not less thau four or more thau twenty days before the date of the bearing in . newsp.per publisbed .t least ooce weekly aud
having general circulatioo in the City of Dubuque, Dubuque, County, Iowa, in accordauce with the Code oflowa, that . public
bearing bas been beld aud the followiug is . true aud exact transcript of certain resolutions duly adopted by the members of the City
Couucil ou the _ day of 20~ by the call of yeas aud uays recorded below and these resolutions are
now in full force and effect:
RESOLVED, that this municipal corporatiou is hereby anthorized to sell, graut aud coovey <:<rtaiu City property aud rigbt of access
to property to the Stale oflow. for MUTUAL BENEFIT aud other certain beuefits, terms and conditions as set forth in. PurcIulse
Agreemeut signed by Terrance Duggan, Mayor, aud Jeanne Schueider, City Clerk, dated . 20~ relating to
Dubuque Couuty Project No. BRF.20-9(158~38-31, Parcel No. 104, and as more particularly described ina<:<rtaiuAcquisitioo
Plat designated Exhibit "A" attached to the Quitclaim Deed.
RESOLVED FURTHER, that Terrance Duggan, Mayor, aud Jeanne Schueider, City Clerk, have been empowered and directed to
execute, acknowledge, and deliver in the name of this Municipal Corporation, the Quitclaim Deed and any other instruments of title
required by law or which may, in the judgment of such otlicer(s), be necessary or desirable to effectuate the sale, grant and
conveyance of the property to the State ofIowa.
RESOLVED FURTHER, that Jeanne Schueider.is hereby directed to deliver the executed Quitclaim Deed to the Iowa Departmeut
of Transportation Closing Agent in exchange for the consideration of MUTUAL BENEFIT and other valuable considerations, and
said Quitclaim Deed is hereby accepted and approved by this municipal corporation, as authorized in accordance with the Code of
Iowa.
Yeas
Members of the City CODDCil
Nays
Absent or Not V otiog
Dubuque Couuty Project No. BRF-20.9(158~38.3 I
City of Dubuque, Iowa (Pll1Ccl 104)
.r
,
Notice Information For Newspaper Below
TO WHOM IT MAY CONCERN:
NOTICE is hereby given that there is now on file in the office ofthe Clerk ofthe City of Dubuque, Iowa, Sale of
Real Property and Delivery of Conveyance Resolution No. , under and by virtue ofwhicb it is
proposed to sell and convey the following described real estate:
A parcel ofland located in Government Lot 3 of Section 30, Township 89 North, Range 3 East of the 5th P.M.,
Dubuque County, Iowa, as shown on Acquisition Plat Exhibit "A" attached bereto and by this reference made a
part hereof, more particularly described as follows:
Commencing at the Southeast comer of Block 7 of said Dubuque Harbor CO.'s Addition; thence North 02
degrees 16 minutes 29 seconds East. 59.11 feet along the Westerly line of said Terminal Street to the 194 I City
of Dubuque Bridge Commission Plan Centerline recorded in Book 155 Page 472 in the Office of the Dubuque
County Recorder; thence North 86 degrees 33 minutes 37 seconds East, 60.30 feet along said Plan Centerline to
the point of beginning being on the Easterly line of said Terminal Street; thence North 02 degrees 16 minutes 29
seconds East, 38.19 feet along said Easterly line to the intersection of a line parallel with and nonnally distant
36.00 feet Northerly from the Centerline orPrimary Road U.S. 20 Westbound lane; thence North 86 degrees 33
minutes 37 seconds East, 296 feet more or less along said para1lelline to the Mississippi River; thence Southerly
along said River to the intersection of a line parallel with and normally distant 56.00 feet Southerly from the
Centerline of Primary Road U. S. 20 Eastbound Lane; thence South 86 degrees 33 minutes 37 seconds West,
233 feet more or less along said parallel line to said Easterly line of Terminal Street; thence North 10 degrees 46
minutes 49 seconds West, 49.06 feet along said Easterly line; thence North 02 degrees 16 minutes 29 seconds
East, 120.94 feet to the point of beginning; containing 59,230 square feet more or less including 25,258 square
feet more or less in present established road.
to the STATE OF IOWA for the Mutual Benefit of said City .nd the State ofIowa and Otber Valuable
Considerations in connection with its improvement of Primary Road No. 20.
Said Resolution and proposal to sell and convey said real estate will come up for public hearing before the
Council of the City of Dubuque, Iowa, at _ o'clock _.M., on the _ day of
20_, and said Resolution and City Deed are now on file in the office of the Clerk of the City of Dubuque,
Iowa.
For further particulars, see said Resolution and City Deed now on file.
CITY OF DUBUQUE, IOWA
By:
, City Oerk
Jeanne St:bneider
IOWA
DEPARTMENT OF
ACQUISITION
EXHIBIT
TRANSPORTATION
PLAT
"A"
COUNTY DUBUQUE
PROJECT NO. BRF-20-911581--38-31
SEC TI ON 30 TOWNSH I P
ROW-FEE 59,230* SO FT, EASE
ACCESS RIGHTS ACQUIRED STA
ACCESS RIGHTS ACOUIRED - STA
STATE CONTROL NO.
PARCEL NO.
RANGE 3E
SO FT EXCESS-FEE _SO FT
MAIN LINE SIDE
SIDE ROAD SIDE
IQ4
ACOUIRED FROM
89N
CITY
~,
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LOT 1
lOT 8 OF
LOT 2
EXISTING
flOW f
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I'I~I CITY OF ~2
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*INCLUDES 25,258 SQUARE FEET IN PRESENT ESTABLISHED ROAD
NOTb 1'34\ CENTERLINE AND RIG\-\1 Of WIl.1 Cin Of DUBUQUE BRIDGE COMMISSION Plll.N
RECORDED IN BOOK 155 PAGE 472, OFFICE OF DUBUQUE COUNTY RECORDER.
SANITARY ANO STORM SEWER EASEMENT FOR THE RECONSTRUCTION, REPAiR, ANO MAIN1ENANCE
OF SANITARY AND STORM SEWERS RESERVED BY THE CITY OF DUBUQUE
\..~t<.D
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UN?\..t\..t>JEE 1 fv)
OF
EXISTING ROW
aOOK 155 PAGE ~72
N86.33'31"..
2'16't ___n_________~___
fl(!ST\NG \q.o\\
CITY OF DUaUQUE
BRIOGECOHHISSION
PLAN CENTERLINE
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, IS 2.00' RT OF US 20 WB STA.
B IS 36.00' LT OF US 20 W8 STA.
C IS 36.00' LT OF US 20 we STA.
D IS 56.00' RT OF US 20 EB STA.
E IS 56.00' RT OF US 20 EB STA.
F IS 14,64' RT OF US 20 EB STA_
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1 hereby cert;fy that this land surveyjnQ document was
p,epored ond +he related survey work was pe,formed
by me or unde, my d:,ect personal supe,vjsjon anQ that
1 om a dUly licensed Land Surveyor under the lows of
te of Iowa.
122+25.44
122+2q.24
125"-251:
124"-521:
122..-IQ.67
122"-13.40
LEGEND
00.
----- ACOUISITION LINE
X PLACED CU1 "X" TOP OF
CONCRETE FLOOD WALL
o PLACED REBAR
WI TH lOOT CAP
MSl MEAN SEA LEVEL DATUM
\1912 ADJUSTMENT}
60
WHKS & CO.
Z2 2'a>~
l~ND SUIlV[YOFlS
lowrence ".. 80 r te
License Number 97&1
My I ;cense renewal dote is December 3~. 2006_
Sheets cove,ed by this seal: 1 of 1
[l>ICi-JNEEIlS Pl~NNERS
DATE DRAWN
470 CENTIl~L ~VENUE 55J-56Z-5~61
DuaUOUE. I~ 52001 7024
06/01/04
REVISED 02116105
SCALE
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