Glen Oak St Warranty Deeds
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MEMORANDUM
November 14, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Glen Oak Street - Acceptance of Warranty Deed
City Engineer Gus Psihoyos recommends City Council approval of the acceptance of
the warranty deeds from John L. Willmes and Marion L. Willmes Declaration of Trust,
Charles J. and Susan B. Lane, and Randall J. and Jodi M. Butlett, for right-of-way
purchases on the northerly portion of Glen Oak Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Aj &A/i
Mrchael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
_"," ___...J
D1:i~~E
~ck~
MEMORANDUM
November 8, 2005
FROM:
Michael C. Van Milligen, City Mana!jp-}
Gus Psihoyos, City Engineer Y 1\~
TO:
SUBJECT: Glen Oak Street - Acceptance of Warranty Deeds
INTRODUCTION
Enclosed are resolutions accepting warranty deeds for right-of-way purchases on the
northerly portion of Glen Oak Street.
DISCUSSION
In 1974 a roadway easement was established 16 feet and 20 feet in width that
connected the dead end of Glen Oak Street in Voelker Highlands to Rosedale Avenue.
This easement was necessary since portions of the terrain platted in the early 1900's for
the roadway was not suitable for traffic.
Recently a more standard intersection was designed where Glen Oak intersects with
Rosedale Avenue for the Rosedale Avenue Reconstruction Project. Widening Glen
Oak at the intersection from 16 feet to 25 feet made it necessary to purchase additional
right-of-way from two parcels immediately south of Rosedale. At the same time,
Engineering approached an additional property owner to acquire fee title to the existing
roadway easement area. With these purchases only one roadway easement for Glen
Oak will remain.
Enclosed are warranty deeds for three parcels needed for roadway improvements.
Included are the following warranty deeds.
OWNER
LEGAL DESCRIPTION
John L. Wi limes and
Marion L. Willmes
Declaration of Trust
Lot C of Rosedale Addition NO.2 and
the Northeasterly 16 Feet of Lot 2 of Rosedale
Addition NO.2
OWNER
LEGAL DESCRIPTION
Charles J. Lane and
Susan B. Lane
Lot A of Rosedale Addition No.2
Randall J. Butlett and
Jodi M. Butlett
Lot B of Rosedale Addition No.2
RECOMMENDATION
The above properties have already been purchased by the City, and the
Warranty Deeds should be accepted by the City Council. I would recommend
the 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 John L. Willmes and Marion L. Willmes Declaration of Trust,
Charles J. and Susan B. Lane, and Randall J. and Jodi M. Butlett.
Prepared by Ronald J. Turner, PLS
VICINITY MAP
GLEN OAK STREET
~
NORTH
GRAPHIC SCALE
300 0 150 300
~II
( IN FEET)
1 INCH = 300'
600
I
Prepared bv Ronald J. Turner. City Enaineerina Address: 50 W. 13th Street. Dubuaue. Iowa 52001
Return to: Ronald J. Turner, City Engineering Address: 50 W. 13th Street, Dubuque, Iowa 52001
RESOLUTION NO. 508-05
A RESOLUTION ACCEPTING A CONVEYANCE OF LOT C OF ROSE DALE
ADDITION NO.2 AND THE NORTHEASTERLY 16 FEET OF LOT 2 OF ROSEDALE
ADDITION NO.2 ON GLEN OAK STREET IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque entered into an Acquisition Agreement with John
L. Willmes and Marion L. Willmes Declaration of Trust, pursuant to which John L.
Wi limes and Marion L. Wi limes Declaration of Trust to convey Lot C of Rosedale
Addition No.2 and the northeasterly 16 feet of Lot 2 of Rosedale Addition No.2, in the
City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and
Whereas, John L. Willmes and Marion L. Willmes Declaration of Trust 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 of,
accepts and consents to the Warranty Deed from John L. Willmes and Marion L.
Wi limes Declaration of Trust, 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 21st
day of November, 2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk, CMC
Prepared bv Ronald J. Turner. City Enqineerinq Address: 50 W. 13'h Street. Dubuque. Iowa 52001
Return to: Ronald J. Turner, City Engineering Address: 50 W. 13'" Street, Dubuque, Iowa 52001
RESOLUTION NO. 509-05
A RESOLUTION ACCEPTING A CONVEYANCE OF LOT A OF ROSEDALE
ADDITION NO.2 ON GLEN OAK STREET IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque entered into an Acquisition Agreement with
Charles J. Lane and Susan B. Lane, pursuant to which Charles J. Lane and Susan B.
Lane to convey Lot A of Rosedale Addition No.2, in the City of Dubuque, Iowa, as
shown on the Acquisition Plat thereof; and
Whereas, Charles J. Lane and Susan B. Lane have 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 of,
accepts and consents to the Warranty Deed from Charles J. Lane and Susan B. Lane,
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 21st day of November, 2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
,.... ~4'4-u~
;Jeanne F. Schneider, City Clerk, CMC
Prepared bv Ronald J. Turner. City Enoineerino Address: 50 W. 13th Street. Dubuoue. Iowa 52001
Return to: Ronald J. Turner. City Engineering Address: 50 W. 13'. Street, Dubuque, Iowa 52001
RESOLUTION NO. 510-05
A RESOLUTION ACCEPTING A CONVEYANCE OF LOT B OF ROSEDALE
ADDITION NO.2 ON GLEN OAK STREET IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque entered into an Acquisition Agreement with
Randall J. Butlett and Jodi M. Butlett, pursuant to which Randall J. Butlett and Jodi M.
Butlett to convey Lot B of Rosedale Addition No.2, in the City of Dubuque, Iowa, as
shown on the Acquisition Plat thereof; and
Whereas, Randall J. Butlett and Jodi M. Butlett have 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 of,
accepts and consents to the Warranty Deed from Randall J. Butlett and Jodi M. Butlett,
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 21st day of November, 2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk, 'CMC
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13lt1 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
WARRANTY DEED
For the consideration of One Hundred and 00/100 Dollars ($100.00),
Charles J. Lane and Susan B. Lane, do hereby convey to the City of Dubuque,
Iowa, the following described real estate in Dubuque County, Iowa:
Lot A of Rosedale Addition No. 2 in the City of Dubuque, Dubuque
County, Iowa, as shown on the Acquisition Plat recorded as Instrument No.
2005- 1'S'l I '3 in the Office of the Dubuque County Recorder.
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 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 masculin r feminine
gender, according to the context. /.
Dated~.L F:: ~7
) lesJ.Lane ~_
'~b<J~~) rf/
usan . Lane
STATE OF IOWA, DUBUQUE COUNTY, ss:
IJ 'wi
On this 2'd:.. day of"')& / , 2005 before me, the undersigned, a
Notary Public in and for said ~tate, personally appeared Charles J. Lane and
Susan L. Lane to me known to be the identical persons named in and who
executed the foregoing instrument and acknowledged that he executed the same
as his voluntary act and deed.
RONAI.O J. TURNER
Commlulcr\ Number 1&ua~
HyComll'ilulonElfll/~. ~- 7-(..)(0
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11"llIIlIml~I/IIII"illllllll~IIII"III~I".II"III"III"III/II1111111111
Doc 10: OOS26:l70000f; l'ype' FLJI
Ftocorded: 09/28/2005 ~,t 04' 24' 4<1 f'M
Fee Amt: $27.00 Paae 1 of 6 ..
Dubuque County Iowa
Kathy Flvnn Thurlow Reco~der
FlI.2005-00015913
Pre ared B : Ron Turner 50 West 13th 51. Dubuque,IA 52001 Ph:563-589-4270
Return to: Ron Turner 50 W 13th St. Dubuque, la 52001.
CITY OF DUBUQUE
ACQUISITION PLAT
PARCEL NO. 1
SECTION 23
ROW-FEE 601 S.F. EXIST. ROAD N.A. PERM. SEWER EASEM'T 483 SF
LEGAL DESCRIPTION: Part ofLot 1 of Rosedale Addn. No. 21n The Cltv Of Dubuque
OWNER Charles J. & Susan B. Lane
COUNTY Dubuque
PROJECT Rosedale P.C.C.
Rosedale Ave. (60' R.OW.)
N 41 QOO'OO.E 100.60'
94.60'
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P.O.B.
S41"01'22"W
2.07'
92.29
S 41"01'22"W 94.36 (94.60')
TWP 89N
JOB NO. 3001626
RANGE 2E
'0
10' 20'
SCALE 1" :20'
N 4,'OQ'Oo"e 84.00'
Lot 1
Lot 1 Balance
Area == 5994 S.F.
Sanitary Sewer
Easement This Plat
483'S.F.
6.00'
42.40'
S390S7'04"W 48.40' (50. DO}
Lo12-10
"-S41'01'22"W
lot 1-1-1-1-10
Exlstin
20' Easement
Lot 2-1-1-1.10
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I nerebycerlltyt~8( t~isl8nd aU!\08y;ngdOCumelUwasprepe1'ed ahd
the related su",ey worl< was perfonned by me ryundermy dlrecl
pe",onalsupe",isionandlnallamad<JlylicensadLand
SlJrvayorundartha lawsoflna Slala of Iowa.
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Ron8ldJ.Tu r . la.Lic_No.9651
My Ijoonso renewol dolo 05 Decernb9,31.2OOli
Pages o,aI1eel!; covored by !his seal" Thl.shMlonly
LEGEND PROPERTY LINE ( SURVEYED)
. FOUND 1 ~" IRON PIPE
o SET 5/8" REBAR WITH YELLOW
PLASTIC CAP AS SHOWN ABOVE
R.OW. RIGHTOFWAY
(100.00) RECORDED DIMENSION
P.O.S POINT OF BEGINING
ADJACENT PROPERTY LINE
- - - - RIGHT OF WAY LINE
---- RIGHTOFWAYLlNE
8 PLACED P.K NAIL
18I PLACED CUT "X" SHEET 1 of 2
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D.le
Prepared by: Ronald J_ Turner, City of Dubuque, 50 W. 131h Street, Dubuque, IA 52001 (563) 589-4270
Return to: Ronald J. Turner, City of Dubuque, 50 W, 13w Street, Dubuque, IA 52001 (563) 589-4270
WARRANTY DEED
For the consideration of Six Hundred Seventy-Two and 00/100 Dollars
($672.00) and other valuable consideration, Randall J. Butlett and Jodi M. Butlett,
husband and wife as joint tenants with full rights of survivorship and not as
tenants in common, do hereby convey to the City of Dubuque, Iowa, the following
described real estate in Dubuque County, Iowa:
Lot B of Rosedaie Addition No. 2 in the City of Dubuque, Dubuque
County, Iowa, as shown on the Acquisition Plat recorded as Instrument No.
2005- ""$"... in the Office of the Dubuque County Recorder.
The additional amount of Four Hundred and 00/100 Dollars ($400.00), as
agreed to by contract, is paid as severance damages to the remaining property
and is not subject to real estate transfer tax.
This land is being acquired for public purposes and a Declaration of Vaiue
is not required according to Iowa Code Section 428A.1.
Grantors do hereby covenant with Grantees, and successors in interest,
that Grantors hold the real estate by titie in fee simpie; 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 reai 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.
9- b -20CJ!;,
By:
Dated:
By:
STATE OF 10WA'tLBUQUE COUNTY, ss:
On this ~ day of <)/~~2005 before me, the undersigned, a
Notary Public in and for sa;-lt'~te, personally appeared Randall J. Bullett and
Jodi M. Butlett to me known to be the identical persons named in and who
executed the foregoing instrument and acknowledged that he executed the same
as his voluntary act and deed. ~ _ ~
i~:i~t~',',;,,~~;:,;~,~, -o&> ~ Said County
CITY OF DUBUQUE
ACQUISITION PLAT
PARCEL NO.2
SECTION 23
ROW-FEE 336 S.F. EXIST. ROAD N.A. PERM. SEWER EASEM'T 360 S.F.
LEGAL DESCRIPTION: Part of the S. W. 94.5 feet ofLot 2 and Lot 2-10 of Rosedale Addn. NO.2
OWNER Randall J. & Jodi M. Butlett In The City of Dubuque, Iowa
PROPERlY LINE ( SURVEYED)
FOUND 1 ~. IRON PIPE
SET 5/8" REBAR WITH YELLOW
PLASTIC CAP AS SHOWN ABOVE
RIGHT OF WAY
RECORDED DIMENSION
POINT OF BEGINING
ADJACENT PROPERTY LINE
- - - - RIGHT OF WAY LINE
-...- RIGHT OF WAY LINE
8 PLACED P.K NAIL
181 PLACED CUT .X"
Pre ared B : Ron Turner 50 West 13th 51. Dubu ue,IA 52001 Ph:563-589-4270
Return to: Ron Turner 50 W 13th St. Dubuque, la 52001.
COUNTY Dubuque
PROJECT Rosedale P.C.C.
TWP a9N
R05edale Ave. (60' R.OW.)
Existing Tree at
lolComer
Placed PK NAIL
No. 1
94.60' N 41"OO'QO"e
90.60'
N41'OO'OO"'E
4.00'
Offset comer'/
in
.; SW'ly 94.5'
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8 Lot 2 I-
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304 S.F. <!J
Curve Data:
C-1
----;; 6" 38'34"
R= 181.00'
l = 20.98'
L.C. = 20.96'
Ch. Br9. .. N4S.30'OS'W
C-3
6."" 1"33'34'
R: 181.00'
L:4.93'
C-2
6. : S"OS'OO.
R"" 181.00'
L"" 16.0S'
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Sanitary Sewer
Easement This PIal
360 S.F.
"
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92.29
5 41"01'22"W 94_36 (94.60)
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Exlsling
0' asemenl
ow~l
Lot 2-10
91.10'
(94.6) 94. 41 l'
LOI1-1-1-1-10
Ih.r.bycertilylhatlhial""d8\1<'\'ey~docu"""'twu",_..d1tOd
Iha",lalad8urvaywor.wuperlO/'f'l"l9(jbymlloruroclllrmydiracl
I"'rsonalsulI"rvisionandltull18ma<:lVlY'(:eI1HdLItOd
Survayo<undarltlalawscftheSlala Iowa.
R.O.W.
(100.00)
P.D.S
"
la.Lic.Nc.9651 Oala
My 'icenureneWll'oelllls Decemt>8r31.2006
Pag.."'sh....lsccverer!bylhi.....I. Thls.heetanly
JOB NO. 3001626
RANGE 2E
~,
-'0
,
10' 20'
SCALE '":20'
(84.00')
'O~
~
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Lot 1
Lot Areas:
SW 94.5' Bal. ,. 9168 S.F.
Lo12-10 Bal. '" 1489 S.F.
SW 94.S' Take"" 304 S.F.
Lo12-10 Take: 32 S.F.
541"01'22" 2.07'
Point of Beginning
548"49'17" 16.00'
<L,
O'
~
S41"01.22'"W
3.22'
Acq. Area 32 5.F.
Lot 2-1-1-1-10
.
o
SHEET 1 of 2
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. 13'" Street. Dubuque, IA 52001 (563) 589-4270
WARRANTY DEED
For the consideration of One Hundred and 00/100 Dollars ($100.00) and
other valuable consideration, John L. Willmes Declaration of Trust and Marion L.
Willmes Declaration of Trust, do hereby convey to the City of Dubuque, Iowa, the
following described real estate in Dubuque County, Iowa:
The northeasterly 16 feet of Lot 2 of Rosedale Addition No.2 in the City of
Dubuque, Dubuque County, Iowa, and Lot C of Rosedale Addition No.2 in the
City of Dubuque, Dubuque County, Iowa, as shown on the Acquisition Plat
recorded as Instrument No. 2005-14478 in the Office of the Dubuque County
Recorder.
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 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, acc'ing to the context
Dated:.d.~~ ;1 ;(t'c'5'
t'
o ~c uz2
) . ,
.L . Lv ~Ha
ohn L. Willmes
Declaration of Trust
By: '7l1f 1!t1,:;j?2JhIIJJ}}:J/
M rion L. limes
Declaration of Trust
STATE OF IOWA, DUBUQUE COUNTY, ss:
On this L!!day of .131:';1,,,,,,6.1,2005 before me, the undersigned, a
Notary Public in and for sai(J State, personally appeared John L. Willmes
Declaration of Trust and Marion L. Willmes Declaration of Trust to me known to
be the identical persons named in and who executed the foregoing instrument
and acknowledged that he executed the same as his volunt act and deed.
~LA
RONALD J, TURNER
Cornm!lslo~ Humber 18M14
lityCommlu!~~ EIplr.. Z~
01.>
??hUA'
Notary Pub!' In and For Said County
I ~llm II~II ~IIIIIIIIIIIIII~ III~ Illi I~II ~III ~III mlllil mllllllllll
Doc 10: 005246310005 Type: PLA
Recorded: 09/07/2005 at 09:19:34 AM
Fee Amt: $27.00 PaRe 1 of 5
DubUQue County Iowa
Kathv Flvnn Thurlow Recorder
F11.2005-00014478
Pre ared B : Ron Turner 50 West 13th SI. Dubu ue,IA 52001 Ph:563-S89-4270
Return to: Ron Turner 50 W 13th St. Dubuque, la 52001.
CITY OF DUBUQUE
ACQUISITION PLAT
COUNTY Dubuque PARCEL NO.3 JOB NO. 3001626
PROJECT Rosedale P.C.C. SECTION 23 TWP 89N RANGE 2E
ROW-FEE 2875 SF EXIST. ROAD 2875 SF PERM. SEWER EASEM'T 1658 SF
LEGAL DESCRIPTION: Part of Lot 1-1-1-1-10 in Rosedale Addn No.2 in the Citvof
OWNER John L. Wi/lmes & Marion L. Willmes Declaration of Trust Dubuque, Iowa
N 24"2S'4S"W
(89.16')
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Lot 2-1-1-10
---
-- Existing
Roadway
Eaesmenl
Course
Distance
l1
L2
L3
14
l5
L6
L7
525"17'17" E 26.23'
S 50"30'52" W 20.14'
N 25~17'17" W 26.23'
N 41"01'22" E 3.22'
N4S"49'17"W 16.00'
N 41"01'22" E 16.00'
N 39"57'04" E 1.94'
ROSEDALE
Lot 1-1-1-1-10
Balance Area = 36,755 S.F.
C3
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C2
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0' 20' 40'
SCALE 1""'40'
Curve
C1
C2
C3
C4
Radius
201.00'
348.10'
368.10'
181.00'
length Delta
77.72' 22"09'18"
43.50' 7"09'31"
48.47' 7"32'40"
53.37' 16"53'36"
Chord Chord Bear.
77.24' S 36"21'55" E
43.47' S 28052'05" E
48.44' N 29"03'37" W
53.17' N33'44'OS"W
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Area = 5469 S.F.
Sanitary Sewer
Manhole
Ihe<ebycenl'ylhellhisleM.urveyi"lldocumenIW1ls~end
ll'tereieledsuoveyworl<wasparlormedbymeorunde,myOO1lcl
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SU""")'Ofunde' oflh"Slel 8
la. Lie. Nc. 9551
Myhc.n""....neweldeke Deceom..,31.2006
Pag..crsheelSceveredbylrn.8tloi Thl..h_lonly
S 2S"06'57"E 156.36'
105.60'
S 29"06'57"E
LEGEND
PROPERTY LINE { SURVEYED)
FOUND 1 ~" IRON PIPE
SET 518" REBAR WITH YELLOW
PLASTIC CAP AS SHOWN ABOVE
RIGHT OF WAY
RECORDED DIMENSION
POINT OF BEGINING
ADJACENT PROPERTY LINE
- - - - RIGHT OF WAY LINE
-....- RIGHT OF WAY LINE
9 PLACED P.K NAIL
181 PLACED CUT "X"
(l ~ .P.,.\<\'-"'-"_"...... (1.) d..),U
.
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R.OW.
(100.00)
P.O.S
SHEET 1 of 3