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Deed IDOT Grandview & Dodge D~~~E ~ck~ MEMORANDUM February 13, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Deed Acceptance from IDOT After construction of Highway 20 was completed, the Iowa Department of Transportation disposed of remnant parcels left over from the construction project. One of those parcels was on the corner of Grandview Avenue and Dodge Street, which the City wanted as part of its landscape project along the highway. ~ Leisure Services Manager GiI Spence recommends the City Council accept the Quitclaim Deed from IDOT for this property. I concur with the recommendation and respectfully request Mayor and City Council approval. NC(~ Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager GiI D. Spence, Leisure Services Manager (I c-., """If ",-'" f"-"i I rc:- l:"6 [,4 , --', <J ~~ :..-... ~ c~ CITY OF DUBUQUE, IOWA MEMORANDUM February 6, 2006 TO: Michael C. Van Milligen, City Manager FROM: Gil D. Spence, Leisure Services Manager~ SUBJECT: Deed acceptance from IDOT INTRODUCTION The purpose of this memorandum is to request that the City Council adopt the attached resolution accepting the Quitclaim Deed from IDOT for property at the corner of Grandview Avenue on Dodge Street. BACKGROUND After construction of Highway 20 was completed, the Iowa Department of Transportation disposed of remnant parcels left over from the construction project. One of those parcels was on the corner of Grandview Avenue and Dodge Street, across from Washington Middle School. We wanted ownership of this property because it is an important part of our landscape project along the highway. DISCUSSION Normally, the deed would be accepted by the City Council prior to recording, but IDOT has already had the deed recorded. The deed still needs to be formally accepted by the City Council. ACTION STEP The action requested is that the City Council adopt the attached resolution accepting the deed and authorize the mayor to sign the December 7,2005, memo from IDOl. GDS:jlr attachments RESOLUTION NO. 47-06 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM THE IOWA DEPARTMENT OF TRANSPORTATION WHEREAS, the City of Dubuque entered into a Partial Acquisition Agreement with Dubuque Community School District for the purchase of the following described real property in Dubuque County, Iowa: lOT A IN PHilLIPS SUBDIVISION NO.2, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, AS SHOWN AND DESCRIBED IN PLAT OF SURVEY RECORDED ON SEPTEMBER 1, 1999 AS DOCUMENT NO. 14150-99 IN THE DUBUQUE COUNTY RECORDER OFFICE, CONTAINING 26,942 SQUARE FEET. 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 the Iowa Department of Transportation 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 day of 20th day of February, 2006l. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk ,-.... Iowa Department of Transportation ~, . . DATE: December 7,2005 FROM: Alan T. Atwood District 6 Design Technician TO: City of Dubuque Engineerin~ Department 50 West 13 h Street Dubuque, Iowa 52001 SUBJ: Transfer of Jurisdiction Highway 20 City of Dubuque, Iowa Sir, Enclosed you will find the documentation for the Transfer of Jurisdiction of a portion of former Highway 20 This includes the original Quitclaim Deed which has been fully signed and recorded in the Office of the Dubuque County Recorder. Please have a representative of the City of Dubuque sign and date this letter in the space provided below and return to our office. If you have any questions regarding this matter please contact Dennis Kunze or myself at 364-0235. S:~; ~. '" ~..~. ~ Alan T. Atwood City of Dubuque Representative Date cc: file 11111111111111111111111111111111111111111111111111111111111111111111111111111111 DoC ID: 005011410003 Type' GEN ~ecorded: 09/30/2004 at 02'03'40 PM ee Amt: $22.00 Page 1 of j . Revenue Tax: $0.00 Dubuque County Iowa Kathy Flynn Thurlow Recorder FUe2004-00017274 11rcpan:d by/Return to: _Sh<lroll Bowers, IA Depanment ofTransportatiou_ Right of Way Ofllcl'. gOO Lincoln Way. Ames, IA 50010.515-139-153'> t;~ Iowa Department of Transportation "- STATE OF IOWA IOWA DEPARTMENT OF TRANSPORTATION CORRECTION QUITCLAIM DEED TO THE CITY OF DUBUQUE, IOWA The Iowa Department of Transp0l1ation, by Mark F. Wandro, Director, acting for the State of Iowa by authority of Iowa Code Section 306.42, hereby quitclaims, grants and conveys unto the City of Dubuque, Iowa, all rights, easements, title, and interest in all land used as streets and highway right of way, all roadway, and all right of way and roadway appurtenances thereto, together with any other lands and interests in land which may have been acquired by prescription and by adverse possession and by any other title instrnment and by the pnblie's use thereof as a public roadway, and any bridges, eulvel1s, or structures that may be situated thereon, to the following described roadway situated in Dubuque County, Iowa, to-wit: THIS CONVEYANCE IS GIVEN TO ADD AN ACCESS CLAUSE TO THE CONVEYANCE RECORDED IN DOCUMENT #15627-04, IN THE DUBUQUE COUNTY RECORDER'S OFFICE ON SEPTEMBER 2, 2004, AND ARE IN ALL RESPECTS SUBSTITUTED THEREFOR AND SHALL OPERATE AS A CANCELLATION THEREOF. That portion of former Primary Road No. U.S. 20. which is now a part of the local municipal street system, described as: Lot A in Phillips Subdivision No.2, in the City of Dubuque, Dubuque County, Iowa, as shown and described in plat of survey recorded on Septem ber I, 1999 as document no. 14150-99 in the Dubuque County Recorder Office, containing 26,942 square feet. Title and interest to part ofthe above described roadway was acquired by the State of Iowa by Warranty Deed from Dorathy H. Benz and LaVerne F. Benz, recorded on March 19, 1990, Document No. 2045-90, and by Warranty Deed from Leslie N. Hincker, recorded on March 25, 1992, Document No. 4170-92, and by Warranty Deed I,.om Scott R. Benz and Theresa L. Benz, recorded on March 2,1990. Document No. 1594-90, all recorded in the office of the Dubuque County Recorder. This instrument does not transfer any access rights. All access rights are being retained by the Iowa Department of Transportation. It transfers only the right of way for the above-described parcel. Title and interest to any remainder of the above described roadway has never been conveyed by title instruments to the State of Iowa. All available descriptions, plats, maps, or engineering drawings will be transmitted in acc(wd with Iowa Code Section 306.4:2( 1). This transfer is subject to the rights of allutil ities in possession of any right of way and all rights of ingess and egress whether excepted, reserved. or granted by the transferring authority to land or to owners of land adjacent to the above described roadway. This transaction is exempt from transfer tax alld a declaration of value because the State of Iowa is the grantor, pursuant to Iowa Code Section 428A.2(6). 1)llhllqll<:("Olllll) I'N_~O_')(~L))__::'I_.,I.I',md N'J. IX~.IX.,.~{i() ENTEREDFORT~~N A/J Thls.xLday of 20QI. DENISE M. D LAN ;1;que~tor By ~). . //11 D.r.', II 1 R~l'i~~d 10/02 .. , J ,r..-\,'." \--., Prt;:part;:u by/Rt;:IIUll to' ,sharOll Buwt;:r~. IA D~parUl\t:1l1 of Tnlllspol'lalion. RighlllJ Wil~ Ofll<.:<.:, lltJO Lillc<lln Way. Ames. IA 500 10. 515-2J4-15.~4 Signedthis~~ayof ~~ ,2004 ~~~p/ Mar~ F. Wandro, Director Iowa Department of Transportation STATE OF IOWA, STORY COUNTY, 9 On this 23rd day of Septemb,~04, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Mark F. Wandro, to me personally known, and who, being by me duly sworn, did say that he is the Director of the Iowa Department of Transportation; that he signed this deed on behalfofthe State of Iowa. (SEAL) (Si~~ ~rij\Al '" z l' . . lOW" CYNDY HOWELL COMMISSION NO. 223427 MY COMMISSION EXPIRES JULY 8 2005 Cyndy Howell (P.-int or Type Name) Notary Public in and for said State of Iowa Approved as to form: By {~vAt:t:l (1JPo.;,pJ/J.-,/ Mark J. Sch It 1 Special Assistant Attorney General (Date) 9-j/-D,/ DubuqllCCOlllll) FN-20.'){2<J}--21-JI. I'ar<.:d Nil, 11l2.IS:UOO il :2 Rt'vi~t'd IW01 " .~ LOT A - PHILLIPS SUBDIVISION IOWA DEPARTMENT OF TRANSPORTATION EXCESS RIGHT OF WAY ,"-" I.J.2 I""'Abt. I ur '1 gO' r.<~,~ ! ~ ~ r!).; ~ . '1l" . ~ ~ o R . IOWA. COUNTY DUBUQUE PROJECT NO. FN-20-9( 29 )--211-31 , SECTION 26 TOWNSHIP EXCESS ROW - FEE 26.942 SQ. FT. ACQU I RED FROM PARCEL 182 - LAVERNE 183 - LESLIE 200 - SCOTT lB. F. BENZ, N. HINCKER R. BENZ. at ux STATE CONTROL NO. PARCEL NO, 182.183.200 89 NORTH RANGE 2 EAST EXCESS ROW - EASE AC. PARCEL PARCEL at ux - 6194 sa. FT. - 16159 sa, FT. 45B9 sa, FT. NW CORNER lOT 5 POINT OF BEGINNING ~'\ ~ ~\ \ ~ \:}\) \, \)\)~ .' . .....: '.' .; ..... " \. .... / (OJ' S; P, /; / (J8()/f/;/I.I./P IN "'"'0''' I S / I/A / S t {50.QO'} ~JI 11/ ~...-... IS 8"15'22"EI /VO, 'J 178.50' J <::: , .... \:":" " .... " ,.,' , . . ',', ~ ", .~. -', '.... . ,'.'~ "-, .... N WX~E IN 86"36"I3"U f20.10 I , 157.41'2S"EI '~ (63 12' J \ ' I TA 3047+ 5.19 t 55' TA +1 ~ '5' LEGEND P.D.C.STA 44+23.23 - CRANDVIEW = P.D.C.STA 3043+73.S4 W.8.RAMP ~ - SET SECTION CORNER ... - FOUND SECT I ON CORNER () - SET 5/8"x40" IRON PIN WITH RED PLASTIC CAP O.O.T. PLS 10679 tt - FaUNa IRON PIN PC STA .3042+01.<17 Ihereby certify lhallhislond surveying document was prepared by me or under my direct personal' supervision and that 10m a duly licensed Lond Surveyor under the laws of the State of Iowa. 5;:::> ,~~. OENNIS R. KUNZE License number 10679 4t - FOUND GAS PIPE (1992) Cft,J"i"?<;, OATE' I!lI . o - CONCRETE MONUMENT - FOUND R.O.W. RAIL My license renewal dote is December 31,2000 Pages or sheets covered by lhis seol: /0 I -s/ C'" I'-v - FOUND 5/8"x40" IRON PIN WITH D.O.T. ALUMINUM CAP (l - RECORD INFORMATION FROM STATE PATENT No. 4650 DOC. No. 13363-97 9' 50' , 'YO' DATE DRAWN JUNE 8, 1999 -~ SCALE 1 u = 100' Oty Manager's Office 50 Wool 13th Street Dubuque, Iowa 5200H864 (563) 5894110 phone (563) 5894149 fax ctymgrikityofdubuque.mg nmcrrY~~ DUB E SIt'(H.JL:"'~:,_, ,,,K,,l._ ~~iJ'i~;~;~'" , , ,,,. July 28, 2004 Mr, Richard E. Kautz, P.E. Iowa Department of Transportation 430 Sixteenth Avenue, S.W, P.O. Box 3150 Cedar Rapids, Iowa 52406-3150 Dear Richard: This letter is in response to your letter dated July 2, 2004 regarding excess land along U.S. 20 (Dodge Street). The City of Dubuque is interested in acquiring Tracts 3 and 6 only if IDOT is going to dispose of them. I agree with you, since the City controls these parcels, it is not in our best interest to spend the time, effort and money to transfer these parcels. If IDOT were ever contacted by anyone to purchase these parcels, the City of Dubuque would then want to acquire them. b I 'L'I Parcels 230 C and 230 D are of no interest to the City, but if t~e original intent was to transfer these parcels to the City, that is fine; do so as simply as possible. Our Park Division will assume maintenance. Please call if you have any questions. sincere~ Michael C, Van Milligen City Manager MCVM:jh cc: Gus Psihoyos, Acting Public Works Director GiI Spence, Leisure Services Manager Send". Poop'" Inregrity Reeponsibility Innov._ Teamwork II District 6 OffIce 430 Sixteenth Avenue SW P.O. Box 3150 Codar Rapids, IA 52405.3150 319-36-4-0235 FAX: 319.36-4.961' July 2, 2004 Ref: 410 Dubuque County City of Dubuque Michael Van Milligen City Manager 50 West 13'" Street Dubuque, IA 5200 I yo SUBJECT: Excess Land Along U.S. 20 (Dodge Set) .f' ,~Y' ,. Dear Mike: _./ ~;Y This letter is in reference to a letter written by h Koch dated November 6, 2003. In that letter, the City of Dubuque is requesting to acquire Tracts 3 and 6 of excess land along Dodge Street (U.S. 20). Currently, the tracts in question have city plantings on them are maintained by the city as part of the permit stipulations granted on Marcb 30, 2000. Since the city cu endy has control of tbese parcels, it may not be in our best interest to transfer the right of way considering e time and effort required to do so. However, these areas can be transferred if the ci is willing to participate in that process. Tract 6 (Exhibit 1 attached) has been surveyed and can be transfe d without much additional work. However, Tract 3 (Exhibit 2 attached) has not been surveyed and we wo Id request that the city survey the tract and write the legal description so the transfer can be processed. Another area of concern is along the west side of the HilVBryant Street connector north of the Dodge Street frontage road. Parcels 230C, 230D, and 230E (Exhibit 3 attached) represent an area of land that has been identified as required right of way on which the city currently has grass plantings allowed by permit. The Iowa DOT has been performing routine road maintenance responsibilities but will cease to do so since the permit requires the city to perform these activities. The initial intent was to transfer this area to the city as required right of way. It is possible to transfer the right of way as originally acquired to the city with no additional survey work. Please advise me how you wish to proceed. Very truly yours, Richard E. Kautz, P.E. District Engineer REKljh Attachment ce: Bruce Chrystal, Engineering Operations Technician, Iowa DOT, Dyersville, IA 52040 Tom Lind, Office of Right of Way, Iowa DOT, Ames, IA 50010 Dave Shaoahan, Higbway Maintenance Supervisor, Iowa DOT, Dubuque, IA 52004-0738 il , 'fDf...6J"""o'J '''' \-,../ ....~ f- ~~ IOwa Department of Transportation ~ WARRANTY DEED Project No. F-20-9(29)--20-3l Parcel No, 182 Know All Men by These Presents: That Dorathy H. Benz and LaVerne F. Benz, her husband, of Dubuque County, State of Iowa . in consideration of the sum of Eighty-Five Thousand and no/100 ($85,000.00)----------- DOLLARS and other valuable considerations in hand paid by Iowa Department of Transi'ortation, do hereby sell and convey unto State of Iowa , the following described premises situated in the County of Dubuque I State of Iowa, to-wit: Lot 6 in Phillips Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof. (This Deed is in consummation of a certain IDOT Total Acquisition Contract dated March 6, 1990, filed March 13, 1990, as Instrument No. 1851-90, Records of Dubuque County, Iowa.) " .<.' <" /l ^ . ". 1.7 :.>;:-.-,J.-l g::~.'PF:E'~\:i'lh . -31- .' ". -2045~o '90 rlRR 19 Pr1 ~ 27 JJ. ....;iiOL9S )( .19iIAR '90 CB $ 0 9 2. 9 5 TRFR FEE. CO~d;T':' ".:"~~~ "",,,-., .... '^'," FEES I'A VI,;_",'--:'':.. ;.'.". 1....1.'.:.. '1/0'LU 1115 ~qJ,q5 ,I ~....~.I..~.'...'..,.:I.'!,: "CT",.... ........ ..'=,'~...':' .,-~""-',,-' ."-.-, 'Fe .. .... '. ::;,;h!::H,:' i<' ..... F~i~ IriU@, ..And the: grantors do hereby coveni\;. .,Nlth said grantees. that saId grantors are la....,<"-i~Jy seized 01 s.aid prcffil.ses; that th~y have good and lawful authority I :11 and convey .he same; that said premi are free and clear of all liens and encumbrances whatsoever: and said1frantors cC'venant to warrant and defend the tTt1e to said premises against the lawrul claims of all persons whomsoever, and r.ach of the und~rsigned hereby relinquishes all rights of dower, homestead and distributive share in and to the above described premises. Words and phrases herein, including iicknowledgment hereof, shall be construed as in singular or plural number, and as feminine or masculine gender, according to the context. Signed this /Cj day of March , A.D. 19 90 ,~~;y LaVerne F. Benz~ ~. ~.~ /01', /:J:,-?>~/ Dorathy H.CBenz 0 STATE OF IOWA , COUNTY OF DllBllQl1F. ,55. On this-4day of March . A.D. 19~, before me, the undersigned, a Notary Public in and forthe State of Iowa personally appeared Dorathv H, 8"n7. ~ LaVerne F. Benz. her husband. to me known to be the person s named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. (SEAL) THOMAS W. McKAY MY COMMISSION EXPIRES August 26, t991 a;.~~..,~ tL-~~ NotaryPublic in and for the State of Iowa STATE OF . COUNTY OF ,ss. On this__day of . A.D. 19 _, before me, the undersigned, a Notary Public in and for the Stale of personally appeared to me known to be "the person _ named in and who executed the foregoing instrument, and acknowledged that executed the same as voluntary act and deed. (SEAL) Notary Public in and for the State of RECORDING INFORMA nON: This Land Is Being Acquired For Public Purposes And This Transfer Is Exempt From The Requirements For The Filing Of A Declaration Of Value By Sec. 428A.1 Of The Code Of Iowa. Other considerations agreed to by contract have been ~Ol'id !!.!: consequential damages or for other purposes which are not subject to real estate transfer tax. '" "" ,.; ~ M I "" ~ 0 :> N Q '" / H / '"' '"' 0 :on Q) Q z N :>- <( 0 ":t' QJ Z " Q) f-< N <( ::::> tJ' / ;z: Z III " ON <: "" OJ] ~-l .0 NOO III '" " /,.; '" "' 0 '" '" <: "' cr: 0 ~ "" >< "' >.- Z "' - u- Eo< <: ... ... i2 N ::I '-' (.) Z o 0 ~ U~~ 0 "" 0 III ~ o H ., Jp.., en . ,; .. .. uJ ~ .~:; ~)'. c-J uJ W- ~ :r c":' .9 ~ ~-= <l 0 0 ;; >- " " >- ~ il '-' -, 0 ~ . ~ -....fa ~ t", 5 ~ ~ '0 '" ~ -... ~- 1'! ~ ;' ~ , :; ? ; 0 v '" '" u .'" ? u 0 '" 0- " ,;: <( ;:. cr> '" .~ ~ ;! c ..-. ~ , g~. \\ i5 c ~ . " '. "::;}/ ". U ~ = - -,':<1' . ~: l':;' ~ ". '" :"'-~:":) I::: ~-cc') .', -:<; , \;-hU' ~f~ " ~ r ~ ... c "...;: ~ , " v 2 c 0 0 u .,,\, ;; :; ~ '0 , :; ~ ~ I'. "- ~ ";: 0 u I :; ':4 " , '" I :;0 1'" " . J! ~."~ '.'.J ] ~ 0 c U I 0 ~ , "' u: "' "' .:;, "'" ~limL _,Ulllll'l: 1 ;:rT 1!j; 1mm!m':'~m!mHm~~ !':' '" o 0 >- "' Eo< <( Eo< OJ] ,I "---"_.;-~---:-:-::-:----~r.\,.,~~'1tf,mW .~,ljL~ c:: I' 'T,~hT:Y. :1~1:;:; . -: onn 634..()17 1-7& \ j \""1 IOWk-eJEPARTMENT OF TRANSPORTATIOr.- . GRAPHIC EXHIBiT "A" COUNTY DUBUQUE PROJECT NO. F-20-9(29)--20-3/ SE CTlON 26 ROW-FEE /3.605' SQ. FT. ACQUIRED FROM (e) .., 89N ST A TE CO NT R at NO. PARCEL NO. RANGE AC, EXCESS-FEE 0300 /82 2E TOWNSHIP _. EASE DORA THY H. BENZ, E+ vir LOT 2 .... .... ..' ;....,5(. "':.::,~.:.::.::~_.. .. . , . .... LOT :3 ....... " " . ....:....-.:.......> (....... ": . LOT I OF LOT I u1 ~ \Il ~ LOT 4 :....:: .... " ....::::........ ,", . .: ..:........... ...:..... '.. ,,' .....,. ~ - b ~ a:. C!) .z.. LDT 2 OF LOT I OF LOT 8 OF MINERAL LOT 158 LOT 2 OF LOT I .... J.:..... .... ,.-:" C"': :"') ..:.::.... .. . LOT 5 " . :.::: .~.::.~... ..' " LOT 7 , ,. ~ .,' . .,. ',' " ,.......... .! ..... STREET : ", ..... " ". '~'.. . . . . DODGE . ~ ~ ~ ~ ~ ~ ,', . . .' . . '. . " ;... .... ......::<:...: ........... .: ~ .... . \S'l .DATE DRAWN 3-APRIL-90 ~ SCALE I" = 100' AC N - ---~~:-:--.,.,.,. _._'''''''''''''-~-----'''''''''''''''~'._'''''''''''''''''''~I"""'"''T''"' '-..-., 'll/U-';1t:, '92 PlAR 25 PPl ~ 2~ JO ANN E, Pl:YtlOLDS COUNTY RECO:;DER DUBUQUE CO., 10WJ. FEES 1> c I. ~~ Iowa Department of Transportation .... WARRANTY DEED Project No. FN-20-9(29)--21- 183 Parcel No. Know All Men by These Presents: That Leslie N. Hincker, widow and not remarried, of Dubuque. County, State of Iowa ; in consideration of the sum of Sixty-Two Thousand and no/IOO ($62,OOO.OO)--------------~------------------- DOLLARS and other valuable considerations in hand paid by Iowa Department of Transportation, do hereby sell and convey unto State of Iowa , the following described premises situated in the County of Dubuque , State of Iowa. to-wit: Lot 5 and Lot 2 of Lot 1 of Phillip's Subdivision in the City of Dubuque, Iowa, according to the recorded plat thereof. . ......,._,'.' -".... ."'-" " .. Vi\i-L,;.,. '/;/ l.t",..-;(..I"; ! '. l.:Jru',o;,~ ~~~::~,i;e.\"ii_..:".,;:;, ';',:,\ :. ~ i-" ":;~r ""->..:. Va:;i+'~"', J ',<,~:~ . .-...--.........-'", (This Deed is in consummation of a certain IDOT Total Acquisition Contract dated March 2, 1992; filed March 11, 1992, as Instrument No. 3249-1992, Records of Dubuque County, Iowa.) ;t./(;,~'I j~1;..~;,\;;';';<.)';}I,':,i:.V;~ ",- {:'j :1 1:/11',,;,,:\,', ::' ,~<l "ii\~'1 "!.i;'<J:>,..,q..r.-..'i":'\ ._,\i~rn:j,> lY::'il, Ii::, '~:l c'l,r -~ ',~li :;'I:~~r"~:'\i;".!I.I.!;';l;,ii;;!i! .1'".(;'." (~~f'. . ~~. i-I~ "I. ,~,:~!}\;:;:,\:.}::!~:-~';~-t}tn::_.')t";!~\'t~r-'I.,l,'.', .vi\J l: ,-/...~ JD.'h....1 " :."';.". '.'l'\';'>.'7,(,",'II..,..~~'f!L.lP.l.,1<t., :):~:'~<~ll~,~~".:li i:,;\':,~, :iJ: :-It~:(f ,{:ki<.:['!',,'_'< ;~:"Y,:.F.F~~\iil ::J'I',.,,~.kD\ '~t:)."!,:l,\ '\).'~ It'll':: :hi1;j' :[j;'!{ .,},:' :,1)'11\ \::uJ~ "nj~.it:."J",.,'I,II'-' r'''"-'l/ -I, f., J.~i,) ''If.f..(''~;i''.i;;:~.,\.{t '~;"'. il,.'!,;-~,(\~ill~\';\ ",I ~'M. ;~~t.. ,,' J0.;'r:~;'f~'i' l~';)~J'I~';;lij'hv #ll~i::t --. 0" ':, :(l\r..~:~;'};U'/?i,;"'-{ltd;,/:!~bi~iJ;': _"",,1\i 1 "",ill,<t.f~i?J,~:t,,-,., (ii;'~:(li;:'":' .~.;:-t.". :/:,;r'~J.~'/:",:'.r)/-!;"-"'-I;""r:,l "'I"'" kl"~~!"I' ",,'. "r '. ...... '" "\ "\", '.' ,', ' ,. .-', ~ ,., .,'" , '-:i{t{m~1.J;Ji(~'.r<<': : ~I i '!~:>'\-,?lj~~'!L'dJ1,.tJ;}x>kJ~i... _ '~ill11fTJ; ':.;~I. ;{il"~~~':~~)....'i '.'..:~; "~":~:{)X{,~:!if..:~t)PJ"I}ti.41 jWi~w ;i7;~~!,~~tj ..:~' '~:\'>'j\;I'i;I."v,;,:,:,~"l':1 11,'b,tAi~. 5IP" I. 'I ," ,.,,1' "'1.\""""'''''/11' . ;..rU" '1. , 1"'>1'4,1;," ,II' '-';'!l!-"~!' 'I'~I" ;:.: :i"TtiV.). I J G'"' '-. ",./,l,t' . -\~." . ;i-iJ "i,t ~"",\~~h,Jl,.!-,\:~~11 Fpr(b~ i':':'lf ; "'I . ';-'~,;;~;,;:;,:"}~~'-I.'I;(\);l:;Nt 1,~;;iiY;~;: <:f 9fJ. 7"0 ,j .. -....--. ,"~.,..,...~.,....__.- -:;l:lfH~!' ' --~;~f~:"TT ,J:;;. "j'~jl"'i."'" "::'!I'iil',,i.:",'lfm;;7' :'j 11 ;~mIIBiIlI:l J;;~, ~',' J ;11,1" "J:' ':;' liW"::',: , ., .A~d \h~.g~antors do hereby covenant \ ,. said gra~te~s, that said grantors are lawful!.' ';!ized of said premises; that they ';..!.have:'good; and lawful authority to sc~ and convey the same; that said premises . free and clear of all liens and , ;ncumbrances whatsoever; and said grantors e0venant to warrant and defend the tilleto said premises against the lawful clahn, of all. persons whomsoever, and each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the above described premises. Words and phrases herein, including acknowledgment hereof, shall be construed as in singular or plural number, and as feminine or masculine gender, according to the context. 21 I Signed this day of March 92 _.A.D,19 (,~)/~,;>::f?, ,"1f~('-kP_~) Leslie N. Hincker STATE OF IOWA , COUNTY OF DUBUQUE ,58. On this 2'1 day of March , A.D. 1921-, before me. the undersigned, a Notary Public in and for the State of Iowa personally appeared Leslie N. HiT1r:kp..r, wi now ::mn nor rpmR:rr; pnr to me known to be the person named in and who executed the foregoing instrument. and acknowledged that she executed the same as her voluntary act and deed. (SEAL) .~ ~Jal IilOJIIIlIl, .. , (7A-Z)",---I~~ Notary Public in and for the State of Iowa STATE OF , COUNTY OF . 58. On this __day of . A.D. 19 _, before me, the undersigned. a Notary Public in and for the State of personally appeared . to me known to be the person _ named in and who executed the foregoing instrument, and acknowledged that executed the same as voluntary act and deed. (SEAL) Notary Public in and for the State of RECORDING INFORMATION: This Land Is Being Acquired For Public Purposes And This Transfer Is Exempt From The Requirements For The Filing Of A Declaration Of Value By Sec. 428A.1 Of The Code Of Iowa, Other considerations agreed to by contract have been paid as consequential damages or for other purposes which are not subject to real estate transfer tax. C\l O'J 6 C"- M ~ ~ ~I " '" ;3 o ~ H ;3 :Ii Vl 'II ci .: Q ~ ~ Q '" !-< Z <( ~ Pi: <( ~ :i o H o '"' >- 0 '" E;;J H Ul .~ -3'~ ~ -) 2! J j ~ d F 0; c UJ - ~ '" ; - pO ~ u Z H ::e . :2 I>< z '" H H Ul '" H Il H o z ~ ~ o >>_z _ u- " " " :;:I "--' U o ~ o ~ .. UCI-CI- c/) ~ ~ ~ { .ac j.. ~ elf tt uJib 0_ it: _c. ,- - '5- ~-.- . ..,; ~"_~.\ c: ~ c:l.r.: \.' U ~ ': ~~j: g~ I ~., :u E: "4. o ~ c-JO 0 0 <::111 -,0 -I , .,( ~ ; ~ Cl ~ ~ " "\> K; , , ~ o o ~ '" "' " " Ii: ."l)d . -HIHh ::-L,.< .):',,:mB;!nt:"~.;"']mF.T' -- , ,nn 63(-077 " . ., I ;1 1 ';11 IOW,\ ;PARTMENT OF TRANSPORTATIOI ' ACQUISITION PLAT GRAPHIC EXHIBIT "A" COUNTY DUBUQUE PROJECT NO. FN-20-9 (29)--2/-3/ SE ClION 26 TOWNSHIP ROW, FEE /6.732.1 SQ. FT._ . EASE ACQUIRED FROM -I-- I I I I 1- -- I -..1_ ' \ -- I I -~ i-----__ I I l.__ -. -- -- -- - ST ATE CONT R OL NO. - PARCEL NO.. RANGE -AC, EXCESS-FEE 89N LESL 1 E N. HINCKER Q -;0 ~ ~ (1\ .z /", ..... . . '..:-" ..4..... ~. .' , /// ..... I .. , .........4 \ "'. .\..... '.' 4 . - ~.-'-'\...: - - \ ..... I.' "'. . '.' I..... .'. .1- _-"1 - -:..A ~. - - - \ I \ tt:."\ '~~I ... 0300 183 2E AC -- -.... o zd ..0' 60' 80' 100' seA LEI I." = .' . . ." LDt'~: G() OF 8 M 1 Ne:RA.,L:'.LOT 158 .' . ,/'" ........ :"~., .....".\..,. .' LDT 2 OF 1 j-r -- - ,....... - - .. \ ...,....L.. '. \ ......... :~... ..... .. i . '\ ..........' -, \ I I I I I : I ........;., . . , . :...\ .' . I LOT 7 I I I LDT 6 STREET \ I " I, I \ ---;.:----r- '. \.... I .. . .7., ..... \.... I \.. \ .., ". , '-------- OooGC' \ t Iv \ \ <t!....v I \ ,,'" q" ......... ..... \ Iv l............ I !:I<> \ \ ,:? \ . \ \...... )........ \ .... r 1\ \ 1 \ - - \ I \ ---I , I / I -.- --j ..- 1\"- , \ I \.... \ ..- , ..- \ 19- MARCH- 92 \ . I I I DATE DRAWN \ I \ \ \ I \ \ I I , . , ------,-, - - - - - - -\ I I I , I -- - - -- \/ .... - - - - - )7~ ~ ~ '- - , ..- ..- .. , ..- \.. \ \ \ .. ... .. .. .. .. .. ..- .. ... ..- .. J /" = /00' SCALE ,.".-":,,,-?;~''''- --- - ~-_._~~...,..~.-,~- '1'1."; '.. ~, . ';~, tOO' 100' I , I I I I I I I I I I I _1_ ... .... .... . ""-'eli-Ii . ":or,!!,')So(II1 ~, . '--..I ~ t 4~lOwaDepartmentOfTransportatiOn Project No. F-2D-9(29)--20-31 -- WARRANTY DEED Parcel No. 200 Know All Men by These Presents: That Scott R. Benz and T~eresa L. Benz, husband and wife, of Dubuque Count)', Sute of Iowa I in consideration of the sum of Sixty-Six Thousand Five Hun~ed an~ no/lOO ($66,500.00)--------------------- DOLLARS and other valuable considerations in hand paid by Iowa Department of Transponation, do hereby sell and convey unto State of Iowa , the following described prtmises situated in the County of Dubuque , State of Iowa, to-wit: Lot 7 in Phillips Subdivision in ~he City of Dubuque, Iowa, according to the recorded Plat thereof. JO t'.:'~~: E. ;'"E. -(~;0L9S COUU,( :~':CC,:DE? DUDUCL:2 e:~,.. W\'lA FEES i> 10'CD ._~~~;~.. ~;:'.'T,'T_,,;, . .... '-s_--=-.-r,. .--"'1'>.-".'_'::. _ Z !ill{ iqO CB 025 SO 7 1. bO Wl 1i 7 J . '(fO ~ . -./-" /l iL'.'.,-;; .r'o' "".~ ,,' ,"" 11~, I r:'. ..~;. ~ ,- . ,..-~..- _"~'J~-~ G-' --y"'- i-~'15M..:gO '90 rJAff ~ -PPl 9 3~ (This Deed is in consummation of a certain rOOT Total Acquis~tion Contract dated February 6, 1990, and filed February 12, 1990, as Instrurn~t No. 1060-90, Records of Dubuque County, Iowa.) il .. I ""'";;-11--,----------- And ;he grantors do hereby cove ~ith said grant~es. that~ald grantors are I "'IY seized of said premises: ,hat ~'> .' have good and lawful authority '00 sell and convey the same; that said premlSts are free and clear of all liens Li1d\ encumbrances whatsoever; and said grantors c('venanl 10 warrant and defend the title to said premises against the lawful \\ claims of all persons whomsoever, and each of the undasigned hereby relinquishes all rights of dower. homestead and \ distributive share in and to lhe above described premises. Words and phrases herein, including acknowledgment hereof, shall be construed as ;n singular or plural number, and as feminine or masculine fender, according to the contexl. Signed this 1) )./7)' day of /h!H?--C--f./- , A.D. 19 90 ~~6S Sea t R, Benz ~ f) 'Q () l.JJ:'ttJ. ,if ~~ Theresa D Bez STATE OF IOWA ,COUNTY OF DUBUQUE ,ss. On this 2^,1l day of fl~ ,A.D.19.2Q......, bcfore me, the undersigned, a Notary Publicinand forthe State of Iowa personally appeared Scott R. Benz & Theresa L. Benz. husband & wife. to me known to be the person s named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. (SEAL) THOMAS W. McKAY I/Y COMMISSION EXPIRES Mills! 26, 1991 Oh~~ I~~ Notary Public in and for .ttt~ .State of . '! Iowa .,;':.., .~ .:~ ...j.... STATE OF , COUNTY OF . ss. On this__day of , A.D, 19 _, before me, the undersigned, a Notary Publicin and for the Stale of personally appeared to me known to be the person _ named in and who executed the foregoing instrument, and acknowledged that executed the same as voluntary act, and deed. (SEAL) Notary Public in and for the Statc of ~! ~) RECORDING INFORMATION: This Land Is Being Acquired For Public Purposes And This Transfer Is Exempt From The Requirements For The Filing Of A Dcclaration Of Value By See, 428A.l Of The Code Of Iowa. Other considerations agreti to by coruract have been paid as consequential damages or for other purposes which are not subject to real estate trarlSRr tax. ~ .<' l.L :r- ,. \. :;:j'. :r'" ~ ~ N </) co c:: <: ...1 uJ :-:=: c' ~~; - r~ .-, .. ,.:j ~ ~I '0 ;;; c 0 <C ~ ~ -;: " ~. . . ; '..' If) ." '" ." 'E 'E ~ ,. ," gj 1 ~! 0 0 c '" 0 u u i:O~ '" u '" 0.. u '" '" '- ::tIJ::.:J '" H '" :' c ci E-< :so ~ <~.:o 0 c '.~ c:::Q::=i <C 0 ..( . ::, " Q Q ~ U . ~~ z z 0 ::; "- " : !- <C <C H c 0 0 Z " Q ... 0.. :.c J u ..: z z 0 ,. 0: '" <C c ~ ~ " c u I" 0: '" '" '" .~ 0 0 If) E-< ~ U ..: ::J ~ '0 <C 8 '0 is: 0:: '" E-< ~ If) u E-< il --" '" E-< " ~ 0 z ~ u '" v f' ~ If) '" c 0 c ~.:::J w "' ,. '\ c- 2: o >._z _ u- C u u ~ .0' ~ o ~ " Ull.<l. . ~~ Fonn 8S4.{)7<1 '1.75 ~ ~u PiP JOI\. JEPARTMENT Of lRANSPORTATIL GRAPHIC EXHIBIT "A" COUNTY DUBUQUE PROJECT NO. F-20-9(29!--20-3/ SE CT ION 26 TOWNSHIP ROW - FEE 8750 SQ. FT. .., EASE ACQUIRED FROM LOT 2 ..__J ~ ~ ~ ~ -:0 a ~ -z. ....;. ", ....~ . tel 89N ST ATE CO NT R OL NO. PARCEl NO. RANGE AC, EXCESS - FEE 0300 200 2E SCOTT R. BENZ a THERESA L. BENZ ..... .' .. ..' '~':~ ..... ..- . ..$./ , ... ........ " (.....~...) /':~...""r';:' L~l;" t}'bF LOT I ....>.. \'.,., '~" \'.-: .... . ", : ", ," LOT 3 .' . .....~.<:>.~ LOT 4 LOT 2 OF LOT I OF LOT 8 OF MlNffiAL LOT 158 ...... . . : :'" :: .:.., .. " " ," '~'. " ..;:..-.:..1":).... LOT 2 ....::.".., '.: LOe:;' I .,........::-.:;:;:::':........ ,.;.....s...\::... . ," : ........:.../' .' ./ ...... .:,..... . ':.. ,,- .... ',: . ., Lor:..6 '; ... '" /f;;70'0 . .",1;1; j'''' ~~L~ ~o.o, DODGE AC N STREET \V 7.6. ~ 7(2 %,\ ~ ~ II SCAli rli : /0::'" DATE DRAWN !4-MARCri-199C ~,h,' _u.,______