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.,______