Asbury Rd Accept Deeds Sidewalk projects
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MEMORANDUM
September 9,2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Asbury Road - Acceptance ot Warranty Deeds
City Engineer Gus Psihoyos recommends City Council approval to accept the warranty
deeds tor right-ot-way purchases on Asbury Road tor the widening and sidewalk
projects. This property has already been purchased by the City trom QHQ Properties.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
/1,1, /(/ ( t7 /1/
, ~" { . lj l CL-.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
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MEMORANDUM
September 9,2005
FROM:
Michael C. Van Milligen, City Manage. r 7 In
Gus Psihoyos, City Engineer..z:;! 1,!2J I
Asbury Road - Acceptance of Warranty Deeds
TO:
SUBJECT:
INTRODUCTION
Enclosed are resolutions accepting the warranty deeds for right-of-way purchases on
Asbury Road for the widening and sidewalk projects.
DISCUSSION
The existing right-of-way of Asbury Road is 71 feet wide between Resurrection Church
and the Northwest Arterial. A widening project in 2004 added an additional lane on
Asbury Road east of the intersection with the Northwest Arterial. The construction of
sidewalk along the north side of Asbury Road required additional right-of-way to be
purchased from four parcels. Three of these parcels are owned by QHQ Properties.
Enclosed are two warranty deeds for the three of the four parcels needed for the
pavement widening and sidewalk construction. Included are the following warranty
deeds.
OWNER
LEGAL DESCRIPTION
QHQ Properties
A part of Lot 1 of Salvo - Salas Place No. 2 in the
City of Dubuque, Dubuque County, Iowa, in
accordance with the acquisition plat thereof.
QHQ Properties
A part of Lot 1 of 1 of 1 of 3 and part of Lot 1 of 1 of
2 of 3 of the Southwest Quarter of the Southwest
Quarter of Section 16, Township 89 North, Range 2
East of the 5th P.M., in the City of Dubuque,
Dubuque County, Iowa, in accordance with the
acquisition plat thereof.
The City has to negotiate one remaining right-of-way for the project. If this right-of-way
cannot be negotiated, condemnation would be required.
RECOMMENDATION
The above property has already been purchased by the City, and the 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 QHQ Properties.
Prepared by Ron Turner, PLS
"
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Ronald J. Turner, City of Dubuque, 50 W. 13m Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 432-05
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE
COUNTY, IOWA, FROM QHQ PROPERTIES
WHEREAS, the City of Dubuque entered into an Agreement with QHQ
Properties for the purchase of the real property in Dubuque County, Iowa,
described as follows:
A part of lot 1 of Salvo - Salas Place 2 in the City of Dubuque, Dubuque
County, Iowa, as shown on the Acquisition Plat thereof recorded as
I nstrument Nos. 2005-12607 and 2005-13888 in the Office of the Dubuque
County Recorder.
AND WHEREAS, the terms of the Agreement have now been met.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCil OF
THE CITY OF DUBUQUE, IOWA, AS FOllOWS:
1. The City of Dubuque hereby accepts the Warranty Deed from QHQ
Properties attached hereto.
2. The City Clerk is hereby authorized and directed to record this Resolution
and the Warranty Deed with the Dubuque County Recorder.
Passed, approved and adopted this 19th day of September, 2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
.'
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Ronald J. Turner, City of Dubuque, 50 W. 13m Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 433-05
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE
COUNTY, IOWA, FROM QHQ PROPERTIES
WHEREAS, the City of Dubuque entered into an Agreement with QHQ
Properties for the purchase of the real property in Dubuque County, Iowa,
described as follows:
A part of Lot 1 of 1 of 1 of 3 and part of Lot 1 of 1 of 2 of 3 of the
Southwest Quarter of the Southwest Quarter of Section 16, Township 89
North, Range 2 East of the 5th P.M., in the City of Dubuque, Dubuque
County, Iowa, as shown on the Acquisition Plat thereof recorded as
Instrument Nos, 2005-4986 and 2005-12525 in the Office of the Dubuque
County Recorder.
AND WHEREAS, the terms of the Agreement have now been met.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA, AS FOLLOWS:
1. The City of Dubuque hereby accepts the Warranty Deed from QHQ
Properties attached hereto.
2. The City Clerk is hereby authorized and directed to record this Resolution
and the Warranty Deed with the Dubuque County Recorder.
Passed, approved and adopted this 19th day of September, 2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
50 West 13th St. Dubu ue,IA 52001 Ph:563-589-4270
CITY OF DUBUQUE
ACQUISITION CORRECTION PLAT
COUNTY Dubuque PARCEL NO.1 & 2
PROJECT Asbury Ro~d Sidewalk SECTION 16
ROW-FEE 1476 Sq. Ft. EXIST. ROAD NA PERM. EASEM'T NA
LEGAL DESCRIPTION: Part ofLot 1-1-1-3 and Lot 1-1-2-3 SW~ SW~ Sec. 16, T89N, R2E
OWNER QHQ Properties In The City of Dubuque
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i:::~ swear. Sec. 16 MiS ~ ~
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'A' 63.00' ~-,,-,,-~----,,-""-------"- L/
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Found ~:bar Wilh Yellow
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Found 5"
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I hereby certify that this land surveying doaJmerU was prepaqd and
(he related aurvey woril was performed by me or under my direct
persOr\lll supervision and that I em 8 duly IK:enHd Land
Swveyor under U. laws of the Sta.. of iowa.
LEGEND PROPERTY LINE ( SURVEYED)
. FOUND 1 ~" IRON PIPE
o SET 5/8" REBAR WITH YELLOW
PLASTIC CAP AS SHOWN ABOVE
R.OW. RIGHT OF WAY
(100.00) RECORDED DIMENSION
P.O.B POINT OF BEGINING
ADJACENT PROPERTY LINE
---- RIGHTOFWAYLlNE
---- RIGHT OF WAY LINE
9 PLACED P-K NAIL
6 SECTION CORNER SHEET 1 of 5
For lhe City d DubuQUe
Ronald J. Tumer 18. Wc. No. 9651 DaM
My license renewal date is D~smber 31, 2006
Pages or sheets CO......ed by this seal: Thill sh..t only
50 West 13th St. Dubu ue,lA 52001 Ph:563-589-4270
CITY OF DUBUQUE
ACQUISITION CORRECTION PLAT
COUNTY Dubuque PARCEL NO.3
PROJECT Asbury Road Sidewalk SECTION 16
ROW-FEE 1608 Sq. Ft. * EXIST. ROAD 1315 PERM. EASEM'T NA
LEGAL DESCRIPTION: Lot 1 of Salvo-Salas Place NO.2 In The Citv of Dubuque
OWNER QHQ Properties
. Existin9 R.OW.: 1315 Sq. Ft.
New R.OW. = 293 Sq. Ft.
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SCALE 1" = 40'
293 Sq. Ft.
N88"02'40'E
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4 - - - - .Jl~"!.2'~.!tL ~1,2:", _ _ _ _ _
S88"31'27"W 171.11'
S02'00'15'E
8.65'
2554 05 (2554.05)
LEGEND PROPERTY LINE ( SURVEYED)
. FOUND 1 l' IRON PIPE
o SET 5/8' REBAR WITH YELLOW
PLASTIC CAP AS SHOWN ABOVE
R.OW. RIGHT OF WAY
(100.00) RECORDED DIMENSION
P.O.B POINT OF BEGINING
ADJACENT PROPERTY LINE
- - - - RIGHT OF WAY LINE
- - - - RIGHT OF WAY LINE
9 PLACED P.K NAIL
f:::, SECTION CORNER
I hereby certify that this land SUNeying document wa. prepared 800
the related survey wort<. was perfanned by me Of under my direct
pef1ional supervision and that I am a duiy licensed land
Surveyor under of Ihe SUI Iowa.
Prepared by: Ronald J. Turner, Cily of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Cily of Dubuque, 50 W. 13" Street, Dubuque, IA 52001 (563) 589-4270
WARRANTY DEED
(Corporate Grantor)
For the consideration of One Thousand Fifty Nine and 63/100 Dollars
($1,059.63), QHQ Properties, an Iowa General Partnership, does hereby convey
to City of Dubuque the following described real estate in Dubuque County, Iowa:
A part of Lot 1 of Salvo - Salas Place No. 2 in the City of Dubuque,
Dubuque County, Iowa, more particularly described as follows:
Commencing at a point of reference at the Southwest corner of Section
16; T89 N, R2E, 5th P.M. in Dubuque County, Iowa;
Thence N 88. 31'27" E 195.20 feet along the south line of the SW 1/4 of
said Section 16 to a nail set in pavement, said point being the southwest
corner of Lot 1 of Salvo - Salas Place No.2 and point of beginning (this is
an assumed bearing for this description only);
Thence N 1. 34' 35" W 46.36 feet along the west line of said Lot 1 to a set
5/8 inch rebar and plastic cap;
Thence N 88. 02' 40" E 34.35 feet to a set 5/8 inch rebar and plastic cap;
at the intersection with the easterly line of said Lot 1;
Thence S 2' 06' 50" E 46.65 feet along said easterly line to a set nail in
pavement at the intersection with the south line of the SW X of said
Section 16;
Thence S 88. 31' 27" W 34.80 feet along said south line to the point of
beginning, containing 1608 square feet, more or less.
This land is being acquired for public purposes and a Declaration of Value
is not required according to Iowa Code Section 428A.1.
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 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:
q..-:9/"o~
By:
QHQ ~PERTJES
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Tim Quagli n
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13" Street, Dubuque, IA 52001 (563) 589-4270
Return to: Cny of Dubuque, 50 W. 13" Street, Dubuque, IA 52001 (563) 589-4270
WARRANTY DEED
(Corporate Grantor)
For the consideration of Two Thousand Seven Hundred Thirty Seven and 03/100
Dollar(s) ($2,737.03), QHQ Properties, an Iowa General Partnership, does hereby
convey to City of Dubuque the following described real estate in Dubuque County, Iowa:
A part of Lot 1 of 1 of 1 of 3 and part of Lot 1 of 1 of 2 of 3 of the Southwest Quarter of
the Southwest Quarter of Section 16, Township 89 North, Range 2 East of the 5th P.M.,
in the City of Dubuque, Dubuque County, Iowa, more particularly described as follows:
Parcel 1:
Commencing as a point of reference at the Southwest corner of Section 16,
T89N, R2E, 5th P.M. Dubuque County, Iowa:
Thence N88' 31'27" E 63.00 feet along the south line of the SW y.. of said
Section 16 (this is an assumed bearing for this description only);
Thence N 2' 56' 35" W 38.01 feet to a point of intersection with the present
northerly right of way line of Asbury Road. Said point being the point of
beginning and southwest corner of Lot 1 of 1 of 2 of 3 of the SW y.. of the SW y..
of said Section 16;
Thence S 88' 31' 27" W 62.58 feet along said right of way line to a point of
intersection with the easterly right of way line of Iowa Highway 32 (aka Northwest
Arterial) ;
Thence N 2' 18' 25" W 6.72 feet along said easterly right of way line to a set 5/8
inch rebar and plastic cap;
Thence N88' 02' 40" E 62.49 feet to a set 5/8 inch rebar and cap at the point of
intersection with the westerly line of Lot 1 of 1 of 2 of 3 of the SW y.. of the SW
y.. of said Section 16;
Thence S 2' 56' 35" E 7.25 feet along said westerly line to the point of beginning,
containing 437 square feet, more or less.
Parcel 2:
Commencing as a point of reference of the Southwest corner of Section 16,
T89N, R2E, 5th P.M. Dubuque County, Iowa;
Thence N 88' 31'27" E 63.00 feet along the south line of the SW y.. of said
Section 16 (this is an assumed bearing for this description only);
Thence N 2' 56' 35" W 38.01 feet to a point of intersection with the present
northerly right of way line of Asbury Road, said point being the southwest corner
of Lot 1 of 1 of 2 of 3 of the SW y.. Df the SW y.. of said Section 16 and point of
beginning;
Thence N 2' 56' 35" W 7.25 feet along the westerly line of said Lot 1 of 1 of 2 of 3
to a set 5/8 inch rebar and plastic cap;
Thence N 88' 02' 40" E 133.28 feet to a set 5/8 inch rebar and plastic cap at a
point of intersection with the easterly line of said Lot 1 of 1 of 2 of 3;
Thence S l' 34' 3S"E 8.36 feet along said easterly line to a point of intersection
with the present northerly right of way line of Asbury Road;
Thence S 88' 31' 27" W 133.11 feet along said right of way line to the point of
beginning, containing 1039 square feet, more or less.
This land is being acquired for public purposes and a Declaration of Value is not
required according to Iowa Code Section 428A.1.
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 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:
q....q,-05'
By: Q~~O~ES
TiiliCiQ;g no
ALL PURPOSE ACKNOWLEDGMENT
STATE OF IOWA )
COUNTY OF DUBUQUE )
On this qtJ.. day of Qr,../,,L.,Ai"';2005, before me, the undersigned, a
Notary Af) Public in and ~ State, personally appeared
'71111 a:uatf/',qno' to me personally known, OR _ proved to me on
the basis of trsfactory eVidence to be the person(s) whose name(s) Is/are subscribed
to the within instrument and acknowledged to me that he/shelthey executed the same in
hislherltheir authorized capacity(ies), and th t by his/herltheir signature(s) on the
instrument the person(s) acted, ex ted the i ment.
(Notary Seal)
(sign in ink)
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
-1L CORPORATE OFFICER(S) (Titles)
(CORP SEAL)
AFFIXED
-1L NO SEAL PROCURED
...L PARTNER(S) _ LIMITED -1L GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies):
aHa PROPERTIES, an Iowa General Partnership
1500 Delhi Street. Suite 2200, Dubuque, IA 52001