Radford Road Deed ROW Lane School area
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MEMORANDUM
May 27, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Radford Road - Acceptance of Warranty Deed
City Engineer Gus Psihoyos recommends that the City Council accept a warranty deed
for a right-of-way purchase on Radford Road to accommodate an additional lane for
right-turn movements into the new middle school. This property has already been
purchased by the City for "mutual benefit."
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michael C. Van Milligen '-
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Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psi hoyos, City Engineer
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MEMORANDUM
May 27, 2005
FROM:
Michael C. Van Milligen, City Man~JV-J
Gus Psihoyos, City Engineer XJ\":::''':'
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TO:
SUBJECT: Radford Road - Acceptance of Warranty Deed
INTRODUCTION
Enclosed is a resolution accepting a warranty deed for a right-of-way purchase
on Radford Road.
DISCUSSION
The existing right-of-way of Radford Road is 66 feet. Due to the need for an
additional lane to accompany right-turn movements into the new middle school,
additional right-of-way was necessary. The Dubuque Community School District
(DCSD) has surveyed and platted the area as shown on the Acquisition Plat.
Since the existing right-of-way is by easement, the additional area and the
existing easement area are included in the deed, which gives the City fee simple
title to the entire right-of-way abutting DCSD property.
Enclosed is a warranty deed for the pavement widening project and to provide
the necessary grading for the installation of sidewalks. Included is the following
warranty deed:
OWNER LEGAL DESCRIPTION
Dubuque Community School District A part of Lot 2 of Siegert Farms NO.2 as
shown on the attached Acquisition Plat
Exhibit A
RECOMMENDATION
The above property has already been purchased by the City for "mutual benefit",
and the Warranty Deed should be accepted by the City Council. I would
recommend adoption of the enclosed resolution accepting the warranty deed.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution accepting the
warranty deed from the Dubuque Community School District.
Prepared by Ronald J. Turner, PLS
cc: Dubuque Community School District
Ronald J. Turner, PLS
RESOLUTION NO. 241-05
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE
COUNTY, IOWA FROM DUBUQUE COMMUNITY SCHOOL DISTRICT
Whereas, the City of Dubuque entered in a Partial Acquisition Agreement
with Dubuque Community School District for the purchase of the following
described real property in Dubuque County, Iowa:
A part of lot 2 of Siegert Farms No. 2 as shown on the attached
Acquisition Plat "Exhibit A" as "R.O.W. ACQUISITION AREA"
And Whereas, the terms of the Agreement have now been met.
NOW THEREFORE, BE RESOLVED BY THE CITY COUNCil OF THE
CITY OF DUBUQUE, IOWA, AS FOllOWS:
1. The City of Dubuque hereby accepts the Warranty Deed from
Dubuque Community School District attached hereto.
2. The City Clerk is hereby authorized and directed to record this
Resolution and Warranty Deed with the Dubuque County Recorder.
Passed, approved, and adopted this 6th day of June, 2005.
Joyce E. Connors, Mayor Pro-Tern
Attest:.
Karen M. Chesterman, Deputy City Clerk
Preparer
Information
Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
Barry A. Lindahl ISBA # 6899
SPACE ABOVE THIS LINE
FOR RECORDER
Tax statement: City of Dubuque, Iowa
Finance Department
City Hall
50 West 13th Street
Dubuque IA 52001
WARRANTY DEED
For the consideration of Ten Dollars ($10.00) and other good and valuable consideration, Dubuque
Community School District does hereby Convey to the City of Dubuque, Iowa, the following described real
estate in Dubuque County, Iowa:
A part of Lot 2 of Siegert Farms No. 2 as shown on the attached Acquisition Plat
"Exhibit A" as "R.O.W. ACQUISITION AREA"
Exempt transfer per Iowa Code Sec. 428A.2(6) transfer in which government entity is
grantor
Property is being acquired for public purposes and a Declaration of Value is not required
according to Iowa Code Section 428A.
The Grantor 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, shall be construed as in the singular
or plural number, according to the context.
Dated: S. q. ():;
Dubuque Community School District
By ~lfd=
Douglas J. H rstmann
Board President
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Jc6Ii Lucas
Board Secretary
STATE OF IOWA, DUBUQUE COUNTY, ss:
On this t-ldc.. before me a Notary Public in and for said County and said
State, personall appear Douglas J. Horstmann and Joni Lucas, to me personally known, who, being by
me duly sworn, did say that they are the President and Secretary of the Board of Directors of the Dubuque
Community School District; that said instrument was signed on behalf of said Dubuque Community School
District by authority of its Boards of Directors; and that the said Douglas J. Horstmann and Joni Lucas as
such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said
Dubuque Community School District, by it and by them voluntarily executed.
L:d/ ~
/' , Notary public
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lOW;:-
RONALD H. HOLM
Commission Number 719659
My Comm. Exp. 11/21/05
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Doc IO: 005141270003 Tvpe: PLA
A,cord,d: 04/15/2005 It 12:09:25 PM
F.. Aat't: 117.00 PilR' '1 af 3
Dubuque County Iowa
Klthv Flvnn Thurlow R,cord,,..
m.2005-00005661
PREPAREC BY: lIW ENGINEERS ok SURVEYORS ~.c. "'1~~ PENNSY\.VANIA AVE. OUBUQUE. IOWA, 583.558.2464
ACQUISITION PLAT
EXHIBIT "A"
COUNTY DUBUQUE PARCEL NO.
SEC1l0N --22...... TOWNSHIP 89 NORTH RANGE 2 EAST
RIGHT OF WAY: FEE 26.587 SQ. FT.
ACQUIRED FROM DUBUQUE COMMUNITY SCHOOL DISTRICT
LOT 2
SIEGERT FARMS NO. 2
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- PLAT BOUNDARY
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( ) RECORO INFORMATION
R.O.W. RIGHT-OF-WAY
~=72'5J'JO"
L - 24.17
R - 19.00
BRG. NJ8'00'18"E
CHORD=22.57'
A11f11II1Illnnn
NORTH
GRAPHIC SCALE
o 60 80
I ' I
(IN FEET)
DRAWING MAY HAVE BEEN REDUCED
HQIE.
THIS SURVEY IS SUBJECT TO EASEMENTS.
RESERVATIONS. RESTRICTIONS AND RIGHTS-
OF-WAY OF RECORD AND NOT OF RECORD.
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R.O.W. ACQUISI1l0N AREA
(ft.o.w. UNE)
RADFORD CT. ~
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[SOUTH LINE OF LOT 2
T -BAR, CAP NO. 9761
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PREPARED FOR: CITY OF OUBUQUE
DA TE PREPARED: 02-06-05
LOT 1
WOLFF PLACE NO. 2
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I HEREBY CERllFY THAT THIS lAHD SUR\JEYlNG OOCUMENT WAS PREPARED
AND THE RElA lED SUR\'EY 'M:I'K WAS PERFORJ.IED BY WE OR UNDER MY
DIRECT PERSONAl SUPER'V1S1ON AHa l'HA T I AM A OUL Y UCENSED LAND
SUR\JEYOR UNDER THE loAM 1$ THE STATE OF IOWA.
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ACQUISITION PLAT
EXHIBIT "A"
COUNTY DUBUQUE PARCEL NO,
SECTION 20 TOWNSHIP 89 NORTH RANGE 2 EAST
RIGHT OF WAY: FEE 26.587 SQ. n. ACQUIRED FROM DUBUQUE COMMUNITY SCHOOL DISTRICT
RIGHT-OF-WAY ACQUISITION OF PART OF LOT 2 OF SIEGERT FARMS NO.2 IN THE CITY OF DUBUQUE, IOWA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 2 OF SIEGERT FARMS NO, 2 IN THE
CITY OF DUBUQUE. IOWA;
THENCE SOUTH 87 DEGREES 16 MINUTES D8 SECONDS WEST, 33.08 FEET ALONG THE SOUTHERLY
LINE OF SAID LOT 2 TO THE WESTERLY RIGHT-OF-WAY LINE OF RADFORD ROAD;
THENCE NORTH 01 DEGREES 25 MINUTES 13 SECONDS EAST, 157,42 FEET ALONG SAID WESTERLY
RIGHT-OF-WAY LINE OF RADFORD ROAD;
THENCE NORTHWESTERLY. .17.01 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE
SOUTHWEST. HAVING A RADIUS OF 39.00 FEET, A CENTRAL ANGLE OF 54 DEGREES 22 MINUTES
20 SECONDS, AND WHOSE CHORD BEARS NORTH 40 DEGREES 18 MINUTES 45 SECONDS WEST,
35.64 FEET;
THENCE NORTH 01 DEGREES 16 MINUTES 35 SECONDS EAST, 75.00 FEET;
THENCE NORTHEASTERLY. 24.17 FEET ALONG THE ARC OF A CIRCULAR CURVE CONCAVE TO THE
NORTHWEST, HAVING A RADIUS OF 19,OD FEET, A CENTRAL ANGLE OF 72 DEGREES 53 MINUTES
30 SECONDS, AND WHOSE CHORD BEARS NORTH 38 DEGREES 00 MINUTES 18 SECONDS EAST,
22.57 FEET;
THENCE NORTH 01 DEGREES 16 MINUTES 35 SECONDS EAST. 57.08 FEET;
THENCE NORTH 06 DEGREES 17 MINUTES 24 SECONDS EAST. 124.86 FEET TO A POINT ON THE
AFORESAID WESTERLY RIGHT-OF-WAY LINE OF RADFORD ROAD;
THENCE NORTH 01 DEGREES 25 MINUTES 1.1 SECONDS EAST. 241.87 FEET ALONG SAID WESTERLY
RIGHT-OF-WAY LINE OF RADFORD ROAD;
THENCE NORTH 88 DEGREES 41 MINUTES 47 SECONDS EAST, 32.99 FEET TO A POINT ON THE
CENTER LINE OF RADFORD ROAD RIGHT-OF-WAY;
THENCE SOUTH 01 DEGREES 25 MINUTES 12 SECONDS WEST, 721.96 FEET ALONG SAID
RIGHT-OF-WAY CENTER LINE OF RADFORD ROAD TO THE POINT OF BEGINNING.
CONTAINING 26.587 SQUARt FEET. MORE OR LESS. AND SUBJECT TO EASEMENTS. RESERVATIONS, RESTRICTIONS,
AND RIGHTS-OF-WAY OF RECORD AND NOT OF RECORD, THE PLAT OF WHICH IS ATTACHED HERETO AND MADE
PART OF THIS CERTIFICATE.
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DRAWN SAF TPLAT NO. 6-IA-05
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DATE 3- 2B-05 I SHEET 2 of 2
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