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Brunskill Road Bridge_Acceptance of Warranty DeedsMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Brunskill Road Bridge - Acceptance of Warranty Deeds DATE: June 12, 2012 Dubuque bierd All-America City 1 2007 Reconstruction of the existing Brunskill Road Bridge required the purchase of right -of- way from Dr. Mary Lynn Neumeister and Plaza 20, Inc. City Engineer Gus Psihoyos recommends City Council approval of the acceptance of the warranty deeds for the right -of -way purchases for the Brunskill Road Bridge. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Masterpiece on the Mississippi Dubuque All- America City ' 1 2007 TO: Michael C Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Brunskill Road Bridge — Acceptance of Warranty Deeds DATE: June 6, 2012 INTRODUCTION Enclosed are resolutions accepting warranty deeds for a right -of -way purchases on Brunskill Road DISCUSSION Reconstruction of the existing Brunskill Road bridge required the purchase of right -of- way to accompany the new improvements The existing right -of -way of Brunskill Road varies in width between 40 to 60 feet A portion of the existing pavement was not located within the existing right -of -way which was platted in 1882 Therefore, additional right -of -way was purchased to encompass the existing roadway alignment west of the bridge The new right -of -way width is 60 feet except where the right -of -way widens for the bridge and foreslope construction Enclosed are warranty deeds for the right -of -way needed for the reconstruction of the bridge and to provide public right -of -way for the existing roadway alignment Included are the following warranty deeds OWNER LEGAL DESCRIPTION Dr Mary Lynn Neumeister Lot A of Lot 2 of Lot 1 of Mineral Lot 224, Lot A of Lot 1 of Lot 2 of Metcalfs Subdivision, and Lot A of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of George Jecklin Farm, all in the City of Dubuque, Dubuque County, Iowa Plaza 20, Inc. Lot A of Lot 1 of Gemini Place; Lot A of Lot 1 of Lot 2 of Gemini Place; and Lot A of Plaza 20 No. 3 all in the City of Dubuque, Dubuque County, Iowa The City has also obtained temporary construction easements from two property owners for the project. RECOMMENDATION The above property has already been purchased by the City, and Warranty Deeds should be accepted by the City Council. I would recommend adoption of the enclosed resolutions accepting the deeds. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolutions accepting the warranty deeds from Dr. Mary Lynn Neumeister and Plaza 20, Inc. Prepared by Ron Turner, PLS 2 Prepared by: Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 Ronald J. Turner, City of Dubuque, 50 W. 131h Street, Dubuque, IA 52001 (563) 589 -4270 RESOLUTION NO, 155 -12 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY Whereas, the City of Dubuque entered into an Acquisition Agreement with Plaza 20, Inc. pursuant to which Plaza 20, Inc. agreed to convey Lot A of Lot 1 of Gemini Place and Lot A of Lot 1 of Lot 2 of Gemini Place, and Lot A of Plaza 20 No. 3 all in the City of Dubuque, Dubuque County, Iowa, as shown on the Acquisition Plat recorded as File No. 2012 -6729 in the Office of the Dubuque County Recorder; and Whereas, Plaza 20, Inc. has executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts, and consents to the Warranty Deed from Plaza 20, Inc., 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 18th day of June , 2012. oy D. Buol, Mayor Attest: in S. Firnstahl, ' i y Clerk Y y .I Of HE IOWA STATE BAR ASSOCIATION FOR THE LEGAL EFFECT OF THE USE OF I, Official Form No. 104 Barry A. Lindahl THIS FORM, CONSULT YOUR LAWYER WARRANTY DEED (CORPORATE GRANTOR) For the consideration of one Dollar(s) and other valuable consideration, Plaza 20, Inc. a corporation 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 1 of Gemini Place; Lot A of Lot 1 of Lot 2 of Gemini Place; and Lot A of Plaza 20 No. 3 all in the City of Dubuque, Dubuque Co., Iowa all as shown on the Acquisition Plat thereof recorded as File No. 2012 -6729 in the Office of the Dubuque County Recorder. + �h e rih ��' selte ctcce55 aver �►, d CICY•(955 Sql i)1^'Cw•1S lq,rc lv,c,j as Seller} Pad rev +tes, The Corporation 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 acid 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. Plaza 20, Inc. �a(n) Iowa corporation Dated: Q �i3 / �C5 Z By � • j _) SCI � mail(.',, $►- csicyeftVitle By STATE OF IOWA , COUNTY OF Dubuque This instrument was acknowledged before me on Mal S3, to V.Z. by Salty & 16:z to , pve5 ct-e. 1 - 1 as of Plaza 20, Inc. Title , Notary Public The Iowa State Bar Association 2005. IOWADOCS® 104 WARRANTY DEED (CORPORATE GRANTOR) Revised June 2005 0 a ACQUISITION PLAT COUNTY DUBUQUE PROJECT NO. 3001077 LOT .A -1— GEMINI PLACE EXIST. ROADWAY 9558 S.F, LOT A -PLAZA 20 NO. 3 FEE 2749 S.F. TOTAL ROW AREA FEE 54178 (1.24 ACRES) TEMPORARY CONSTRUCTION EASEMENT AREA 34718 S.F. (0.80 ACRES) .,Nnl 11 l l llllluut,,. NORTH LOT 1 GEMINI PLACE PROPOSED CL BRUNSKILL RD. 0 GRAPHIC SCALE 120 240 INFEET DRAWING MAY HAVE BEEN REDUCED TEMPORARY CONSTRUCTION EASEMENT / LOCATION PT. LOT 1 & PT. LOT 1 -2 OF GEMINI PLACE AND PT. ALL IN THE CITY OF DUBUQUE, IOWA. FEE 10908 S.F. LOT A -1 -2— GEMINI PLACE FEE 30963 S.F. ACQUIRED FROM ACQUIRED FROM PLAZA 20 INC. PLAZA 20 INC. TEMPORARY CONSTRUCTION EASEMENT LOT A -PLAZA 20 NO. 3 2749. SF // LOT 1 -2 Di GEMINI PLACE 15553. s.f. R0 LOT A -1 -2- GEMINI PLACE 30963 SF PLAZA 20 NO. 3 LOT 2 -1 -2 GEORGE JECKUN FARM LOT A -1- GEMINI PLACE 10908 SF 19165 s.f. R.0.14/. LOT 1 -2 METCALF'S SUB. LOT 1 -2 METCALF'S SUB. BRUNSKILL RD. ALIGNMENT PER ROAD BOOK. B, PG. 426 & 427 LOT 2 -13 LOT 1 -13 • LOT • 2 -12 ANGLEIPOINT LOT I LOT 14 15 I "SOU GATE" _ LOT 2- 2 -1 -1 -1 GEORGE JECKLIN FARM LOT 1 -12 LOT 2-11 LOT 1 -11 LOT 10 PREPARED FOR: CITY OF DUBUQUE, IOWA DATE PREPARED: APRIL 2, 2012 `.auwnunnlnrrr..r. �OWq 1- D 0 1n THOMAS *' J. OSTER = o:- LS' 15352 ,, � , q I HEREBY .CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED BY ME OR UNDER. MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY UCENSED LAND SURVEYOR UNDER 1HE•LAWS OF THE STATE OF IOWA FOR 118 ENGINEERS & SURVEYORS, C. �vca..a...L aY va THOMAS J. OSTER DAI UCENSE'NO. 15352 • av'/ MY UCENSE.RENEWAL DATE IS 12/31/2013 PAGES OR..SILEETS COVERED BY THIS SEAL 1 of-4 ihro 4 of 4 ♦• NIEGROY.OWEADSESO W TIONS, DRAWN lACRITIGIUM EIVIROMIENTALIMINIMMO We waern o A1n„a PLAT NO. 3 —IA -11 CHECKED TWO ROJ.. NO. D4154 -05 DATE 08/16/11 SHEET 1 of 4 PAN \is \ls+- f6WRANWGS \OHL\RAwc.REV 04-01-12 Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13"' Street, Dubuque, IA 52001 (563) 589 -4270 Retum to: Ronald J. Turner, City of Dubuque, 50 W. 13'" Street, Dubuque, IA 52001 (563) 589 -4270 RESOLUTION NO. 156 -12 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY Whereas, the City of Dubuque entered into an Acquisition Agreement with Mary Lynn Neumeister pursuant to which Mary Lynn Neumeister agreed to convey Lot A of Lot 2 of Lot 1 of Mineral Lot 224, Lot A of Lot 1 of Lot 2 of Metcalfs Subdivision, and Lot A of Lot 2 of tot 2 of Lot 1 of Lot 1 of Lot 1 of George Jecklin Farm, all in the City of Dubuque, Dubuque County, Iowa, as shown on the Acquisition Plat recorded as File No. 2012 -3866 in the Office of the Dubuque County Recorder; and Whereas, Mary Lynn Neumeister has executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts, and consents to the Warranty Deed from Mary Lynn Neumeister, 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 18th day of Ju , 2012. /Roy D. Buol, Mayor Attest even S. Firn ahl7"'Clerk (THE IOWA STATE BAR ASSOCIATION I Official Form No. 101 - May 2006 Barry A. Lindahl FOR THE LEGAL EFFECT OF THE USE OF - THIS FORM, CONSULT YOUR LAWYER Return To: Barry A. Lindahl, 300 Main Street. Suite 330, Dubuque. Iowa 52001 (563) 583 -4113 Preparer: Barry A. Lindahl, 300 Main Street. Suite 330, Dubuque, Iowa 52001 (563) 583 -4113 Taxpayer: City of Dubuque. Iowa 50 West 13th Street, Dubuque. Iowa 52001 P O ., WARRANTY DEED , 7 S`ssoclu t %0 For the consideration of one Dollar(s) and other valuable consideration, Mary Lynn Neumeister, a single person do hereby Convey to the City of Dubuque, Iowa the following described real estate in Dubuque County, Iowa: Lot A of Lot 2 of Lot 1 of Mineral Lot 224; Lot A of Lot 1 of Lot 2 ofMetcalf s Subdivision; and Lot A of Lot 2 of Lot 2 of Lot 1 of Lot I of Lot 1 of George Jecklin Farm, all in the City of Dubuque, Dubuque County, Iowa and as shown on the Acquisition Plat thereof recorded as file no. 2012 -3866 in the Office of the Dubuque County Recorder Grantors do Hereby Covenant with grantees, and successors in interest, that grantors hold the real estate by title in fee simple; that they have 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. Dated: 51e)-- I 1)- ^ t&11- i- _t, )- t,ca4e- '1 • / Ma n «e,meister ■ STA .€ OF (Grantor) (Grantor) IOWA , COUNTY OF Dubuque This insliument was acknowledged before me on 'ir7 - 2. 267/ , by II 1 ` Neumeister, a single person / , Notary Public a :8, q RONALD J, TURNER Commission Number 188684 YyCommisa Ion Expires Z -7 Zdl7 (This form of acknowledgment for individual grantor(s) only) ACQUISITION PLAT COUNTY DUBUQUE PROJECT NO. 3001077 LOCATION PT. LOT 2- 1 -M.L. 224, PT. LOT 1- 2- METCALF'S SUB. & PT. LOT 2- 2 -1 -1 -1 GEORGE JECKLIN FARM LOT A- 2 -1 -ML 224 EXIST. ROADWAY 482 SF LOT A- 2 -1 -ML 224 F,E 1 SF LOT A- 1- 2- METCALF'S SUB. EXIST. ROADWAY 21584 SF FEE 66859 SF LOT A- 2- 2- 1 -1 -1- GEORGE JECKUN FARM FEE 15326 SF TOTAL ROW AREA 104252 SF (2.39 AC.) ACQUIRED FROM MARY LYNN NEUMEISTER TEMPORARY CONSTRUCTION EASEMENT AREA 16357 SF (0.38 AC) 1- 0 303. 1' LOT 1 WAGNER SUBDIVISION BP: 0 +85.52 LOT A -2 -1 M.L. 224(482 SF) © (55.36,\,��y CD e ` T- 1.60' 0 N00'08'03 "E 7.51' STA:1+02.80 OFF: 30.00'R 2 N69'23'07 "E 10.02' STA: 0 +97.52 OFF: 25.49'R LOT 1 GEMINI PLACE PT: 9 +24.60 STA: 6 +18.79 OFF: 23.48'L STA: 4 +66.14 OFF:100.40'L BRUNSKILL RD. ALIGNMENT PER ROAD BOOK 9, PG. 426 & 427 PC: 8 +27.13 PT: 7 +69.11 STA: 7 +39.69 OFF:17.64'L 0 ® 0 S20•36'53 "E N77'53'07 "E 545'53'07 "W STA: 3+11.64 37.62' 108.90' 48.24' OFF:30.00'R 10 11 © STA: 0+99.99 STA: 1+31.71 N86•53'07 "E STA:1 +40.55 OFF:15.85'R OFF:29.14'R 14.27' OFF:18.85'R STA:11+85.98 OFF: 8.36'R STA:11 +20.19 OFF: 21.95'L PT: 14 +78.40 GRAPHIC SCALE 0 120 240 *NW WPM 1" =120' DRAWING MAY HAVE BEEN REDUCED STA:1 ©7.79 OFF: 30.00'R PC: 16 +31.54 NORTH LOT 2 -2 GEMINI PLACE /7.53. (67.66')- 1 • LOT 1 -2 GEMINI PLACE PT: 17 +54.60 123.25' (123.57') STA:12 +27.9 OFF:15.39' / (175.00') 174.28' - TO PIPE Q 2 +00 O Cy N86'23'07 "E 115.50 o. LOT A -1 LOT PCC: 2 -1 1 +77.79 N M.L. 03 224 1 N80'16'51 °W PT: 3 +11.64 334.23' © PC: 5 +44.88 LOT 1 -2 STA:6 +38.64 METCALF'S SUB. OFF:40.00'R 20' WIDE TEMPORARY LEGEND CONSTRUCTION EASEMENT PLAT BOUNDARY FOUND 1/2 " IRON ROD W/ • PLASTIC CAP NO. 14417 ® FOUND "T" BAR • M.L. CL ( ) R.O.W. FOUND 1" IRON PIPE FOUND NAIL /SPIKE MINERAL LOT CENTERLINE RECORD INFORMATION RIGHT -OF -WAY O METCALF'S S, B. 8 +00 (88443 SF S85i9'O5 'W R.O.W 306.43: . -- • STA: 9 +24.60 OFF: 90.00'R -I N -0 ® S05'18'40 "E STA: 6+3▪ 9.59 10.39' OFF: 59.97'R STA:1 ©7.29 STA: 9+23.46 OFF: 26.05'R OFF:110.40'R 21 N69'29'23 "E STA:10 +27.22 34.72' OFF:95.00'R S63'4 ©8 "W STA: 1 + 8.43 121.87' OFF: 95.00'R N83'54'1 8"E STA:14 +41.95 259.44' OFF: 62.35'R -2 • GEORGEAJECKLIN FAR / (15326 SF / C1 • ' STA:13 +25.68 OFF: 75.00'8 i NO' 0 LOT 1 -2 METCALF'S SUB. 366.23 366.23 , N83'5418 E LOT 2 -13 LOT LOT LOT 1 -13 \ 14 15 f o °crn ITHraTF" • '9i w3 N LOT Z'S 10 co 2 -12 N . OF 00 Oo O Er- STA: 10+25.68 Oo J N OFF: 75.00'R LOT 2- 2 -1 -1 -1 GEORGE JECKLIN FARM LOT 1 -12 N STA:14 +47.15 OFF: 32.79'R P.O.B. 366.23 366 .23 1.59' 174.28' LOT 1 -13 / LOT 2 -11 I LOT 1 -11 28.56'(28.56') C1 L= 288.75' R= 1925.00' A= 8'35'40" CHORD= S74'28'34 "W 288.48' C2 L= 145.10' R= 386.89' 4=21'29'19" CHORD= N69'32'12 "W 144.25' C3 L= 86.12' R= 232.13' 4= 21'15'26" CHD= N48'09'49 "W 85.63' LOT 10 259.44' 7.31' 0 4-- 0 Cn 1.52' oW r2:;.$ LOT 2 -12- ND PREPARED FOR: CITY OF DUBUQUE, IOWA DATE PREPARED: AUGUST 16, 2011 0111111NM1„ \0Wq THOMAS J. OSTER LS 15352 I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED BY ME OR UNDER MY DIRECT PERSONAL SUPERWSION AND THAT I AM A DULY UCENSEO LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. FOR IIW ENGINEERS & SURVEYORS, 7P.C. (,.�mn j (/* 09/0 doh/ THOMAS J. OSTER v DAT LICENSE N0. 15352 NY UCENSE RENEWAL DATE I5 12/31/2011 PAGES OR SHEETS COVERED BY THIS SEAL 1 Of 2 & 2 Of 2 IIW INIEGRIIYWPFARaE.ROLU11005 w "II env. •000554)001 ORAWN TJO PLAT NO 3 -1A -11 CHECKED TJO PROJ. NO 04154 -05 DATE 00/16/11 SHEET 1 of 2 P.\ 04\ iN\ I11- 0.5\RP,I1,0G5 \ONL\HEYU051EAJUV 08 -10 -11 NIVIIISTURe V 1Wo) Ge,1.utAl 'IHE CITY OF DUB Mastcrpixe on the Mississippi praa,.r. ar Brunskill Road - Bridge Replacement Project DAGIS BROS- 2100(659)- -8J -31 aaaugw Otto 4t0g0■ea.c Itrcenmen omra PLAZA 20 INC 1027476011 LAZA 20 INC 1027476013 PLAZ 10 BRIDGE LOCATION sRUNSKILL RD AUGUST! 02747700 NEUMEISTER 1027477001 U r El TER 2 45 002 LS & DA 1027477003 S NEUMEISTER 1034226001 DISCLAIMER: This information was compiled using the Dubuque Area Geographic Information System (DAGIS), which Includes data created by both the City of Dubuque and Dubuque County. It Is understood that, while tho City of Dubuque and participating agencies utlllzad the qtt current and accurato Information available, DAGIS and It's suppliers do not warrant tho accuracy or currency of the Information or data contalnod heroin. The City and participating *gonclas shall not bo hold liable for any direct, Indirect, incidental, nsoquontlal, punitive, or special damages, whether foresoaabla or unforasoaable, arising out of the authorized or unauthorized usa of this data or the inability to use this data or out of any broach of warranty whatsoever. 200 8.5" x 11" Page 1 inch = 200 feet 100 0 200 Feet r Map Prepared by: TWK City of Dubuque Engineering Division 50 West 13th Street Dubuque, Iowa 52001 Phone: (563) 589 -4270 Fax: (563) 589 -4205 H: \Engineering \Maps for Staff \Bob Schiesl \Brunskill Road