U.S. 20 Bridge, accept Deed Murphy Family
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MEMORANDUM
November 29, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: New US 20 Mississippi River Bridge
- Acceptance of Warranty Deed
City Engineer Gus Psihoyos recommends the City Council accept the warranty deed
from Murphy Family Enterprises, LLP for the right-of-way necessary for the roadway
improvements adjacent to the new US 20 Mississippi River Bridge. This property has
already been purchased by the Iowa Department of Transportation in the name of the
City of Dubuque.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
N &;/1L
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
November 29, 2005
TO:
FROM:
Michael C. Van Milligen, City M~.r; a
Gus Psihoyos, City Engineer .~.
SUBJECT: New US 20 Mississippi River Bridge
- Acceptance of Warranty Deed
INTRODUCTION
Enclosed is a resolution accepting the warranty deed for the right-of-way
necessary for the roadway improvements adjacent to new US 20 Mississippi
River Bridge.
DISCUSSION
This project provides for improvements to US 20, including a new bridge with a
bikeway across the Mississippi River. US 20 would be improved from
approximately 0.5 miles west of Locust Street to approximately 0.5 miles
southeast of Sixth Street in East Dubuque. The new US 20 bridge alignment
would be located approximately 115 feet south of the existing Julien Dubuque
Bridge. The Iowa side of the project will include grading, paving, and approach
structures with an interchange at Locust Street. A new connection between
Bissell Drive and the Dublin Connector will be constructed.
The following warranty deed is for the right-of-way purchased by the Iowa DOT
from Murphy Family Enterprises, LLP for the Dublin Connector:
OWNER
LEGAL DESCRIPTION
Murphy Family Enterprises, LLP
Lots 576 and 575A in the City of
Dubuque, according to the United
States Commissioner's Plat of the
Survey of the City of Dubuque, Iowa,
situated in Dubuque County, Iowa
RECOMMENDATION
The above property has already been purchased in the name of the City of
Dubuque by the Iowa DOT, and the Warranty Deed should be accepted by the
City Council. I would recommend the adoption of the enclosed resolution
accepting the deed from Murphy Family Enterprises, LLP to the City of Dubuque.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution accepting the
warranty deed from Murphy Family Enterprises, LLP to the City for the necessary
right-of-way for the new US 20 Mississippi River Bridge.
Prepared by Ronald J. Turner, PLS
Prepared by: Robert Sohiesl, PE, City of Dubuque, 50 W. 13'" Street, Dubuque, IA 52001 (563) 589-4270
Return to: Robert Sohiesl, PE, City of Dubuque, 50 W. 13'" Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 522-05
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE
COUNTY, IOWA, FROM MURPHY FAMILY ENTERPRISES, LLP
WHEREAS, the Iowa Department of Transportation entered into an
Agreement with Murphy Family Enterprises, llP, for the purchase of the real
property in Dubuque County, Iowa, described as follows:
lots 576 and 575A in the City of Dubuque, Iowa, according to the United
States Commissioner's Plat of the Survey of the City of Dubuque, Iowa,
situation in Dubuque County, Iowa recorded as Instrument No, 21446-
2003 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 Murphy
Family Enterprises, llP 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 5th day of December, 2005.
:Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
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TOLL FREE 866-282-5809
FAX 515-239-1247
November 14, 2005
When correspondinCl, refer to:
Dubuque County
Project No BRF-20-9(158)-38-31
City Agreement No. 2003-1-026
Jeanne F. Schneider, City Clerk
Dubuque City Hall
50 West 13th Street
Dubuque,IA 52001-4864
Enclosed for your records is recorded Warranty Deed conveying required right of
way to the City of Dubuque, Iowa. This Deed was obtained through the above
referenced Project under Parcel NO.1 02 from Murphy Family Enterprises, L.L.P.
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Treva T. Petersen, Agent
Title and Closing Unit
Office of Right of Way
ttp
Ene.
.
7.)-."'.0.'3 ..~---
DATE COUf1V
29i;~~iJ3--lt",~
7U,13 OCT 30 Al1 g: SO
"'i6D~jLYtlll H1URLOW
DUBUOUE toRE/CoO!}\OER 0
.. '" FEES D
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/:itJ..lowa Department
-..' of Transportation
Prepared by: Treva T. Petersen, Office of Righi otWay, BOO Lincoln Way, Ames, lA 50010,515-239-1269
Retum to: Treva T. Petersen, Office of Right otWay, 800 Uncoln Way, Ames, IA 50010,515-239-1269
Address Tax
Statements: City Clerk, City of Dubuque, 50 West 13\tl Street, Dubuque, IA 52001-4864
\
WARRANTY DEED
For the consideration of FORTY-TWO THOUSAND ONE HUNDRED FIFTY AND NO/IOO--
($42.150.00)-DOLLARS and other valuable consideration in hand paid by Iowa Dapartment
of Transportation. MURPHY FAMILY ENTERPRISES, L.LP., an Iowa limited . liability
partnenship, does hereby convey to the CITY OF DUBUQUE, IOWA, real estate in Dubuque
County, Iowa:
THE FEE SIMPLE TITLE GRANTED IS TO LAND DESCRIBED AS FOLLOWS:
Lots 576 and 575A in the City of Dubuque, Iowa, according to the Unrted States
Commissioner's Plat of the Survey of the City of Dubuque, Iowa. situated in
Dubuque County, Iowa.
This deed is given in fulfillment of a certain Agreement dated August 4, 2003, and recorded in
the DUbuque County Recorde~s Office on August 11 ,2003, as Instrument No. 21446-2003,
except those terms that survive the execution of this document.
This land is being acquired for public purposes through eminent domain and a Declaration of
Value is not required. Iowa Code Sec. 428A.1.
Grantor does hereby covenant with grantees, and successors in interest, that grantor holds the
real estate by trtle in fee simple; that rt 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 wanrant and defend the real estate against the lawful claims
of all persons, except as may be above staled.
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.
Dubuque County Project No. BRF-20-9(158)-38-31
Murphy Family Enterprises, L.L.P. (Parcel No. 102)
ENTERED FOR TAXATION ON
this 30 \k.day of (j~ 2O.ll
DENISE M. DOLAN
Dubuque COunty AUdlL
. 1:)""",,<J.. f:' . J)
~ .P1fh.. I
I . Deputy
.'
.
.
Pursuant to the authority and power vested in the undersigned under the Limited Liability
Partnership Agreement dated FebNary 1, 2000, this deed is executed by the undersigned
on behalf of Murphy Family Enterprises, L.L.P. on the date indicated below.
,
MURPHY FAMILY ENTERPRISES, L.L.P.
BY:~ ~ fii ~
artes Josep urphy, artner ale
(sign In ink)
'03
By: 5' II" (,J}.. A..... n ""tYt\..o..rl.-pL.., '1 3 \ V~ L...r... 0 J::~(;lgn in Ink)
Elinor Ann Murphy Ginder, a Partne Date
STATE OF IOWA, COUNTY OF
II 11 "-
,55:
On this L day of ('),In hi/I ,2003, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Charles Joseph Murphy, to me
personally known, who, being by me duly sworn, did say that he is General Partner in
Murphy Family Enterprises, L.L.P" an Iowa limited liability partnership, executing the
foregoing instrument; and the said Charles Joseph Murphy, as such General Partner,
acknowledged the execution of said instrument to be the voluntary act and deed of said
limited liability partnership, by it and by the General Partners voluntarily executed.
@ UNDA S. BTORK
:\ COMMISSION NO. 113200
. .. MY COMMISSION EXPIRES
Owl\. ._ ~
(AFFIX NOTARIAL SEAL ABOVE)
, I . , <:: \:...J-..~ I
<?'- 1/,,-<,tJCC/ v. ~O L.C
Notary Public in and for the State of Iowa
(sign 10 Ink)
STATE OF IOWA, COUNTY OF {)u. b [,(1; ~ ,ss:
On this c? I ~ day of 0 e, -I" J, M ,2003, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Elinor Ann Murphy Ginder, to me
personally known, who, being by me duly sworn, did say that she is General Partner in
Murphy Family Enterprises, L,L.P., an Iowa limited liability partnership, executing the
foregoing instNment; and the said Elinor Ann Murphy Ginder, as such General Partner,
acknowledged the execution of said instNment to be the voluntary act and deed of said
limited Iiabilny partnership, by n and by the General Partners voluntarily executed.
(AFFIX NOTARIAL SEAL ABOVE)
(sign [nlnk)
Dubuque County Project No. BRF-20-9(15B)-38-31
Murphy Family Enterprises, L.L.P. (Parcel No. 102)
.
,
..
IOWA DEPARTMENT OF TRANSPORTATION
GRAPHIC EXHIBIT "A"
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COUNTY DUBUQUE
PRC\JECT NO. BRF-2D-9115B)--3B-31
SECTION 25 TOWNSHIP B9N
ROW-FEE TOT AL . AC, EASE AC, BORROW
ACQUIRED ACCESS RIGHTS FROM STA. TO STA.
ACQUIRED ACCESS RIGHTS FROM STA. TO STA.
ACQUIRED FROM MURPHY FAMILY ENTERPRISES. L.L.P.
STATE CONTROL NO.
PARCEL NO. 102
RANGE 2E
AC, EXCESS-FEE
MAIN LINE
SIDE ROAD
* ACQUIRED IN THE NAME OF CITY OF DUBUQUE, IOWA
CITY OF DUBUQU~ IOWA
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LOT S77
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