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Arboretum Dr. Deed from IDOT D'i:i~~E ~<k~ MEMORANDUM March 14,2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of Quit Claim Deed - Arboretum Drive City Engineer Gus Psihoyos recommends City Council acceptance of a Warranty Deed from the Iowa Department of Transportation for a right-of-way purchase on Arboretum Drive. The additional right-of-way was necessary because the existing 50 foot wide right-of-way was not adequate to accommodate the construction of a cul-de-sac at the terminus of Arboretum Drive. I concur with the recommendation and respectfully request Mayor and City Council approval. NW- Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer -r] rHECITYOF ~ DUB E ~c/k.~ MEMORANDUM March 7, 2006 FROM: Michael C. Van Milligen, City Manager Gus Psi hoyos, City Engineer ,0 , Acceptance of Quit Claim Deed - Arboretum Drive TO: SUBJECT: INTRODUCTION Enclosed is a resolution accepting a warranty deed for a right-of-way purchase from the Iowa Department of Transportation (Iowa DOT) on Arboretum Drive. DISCUSSION The existing right-of-way for Arboretum Drive was 50 feet wide. Since this width was not adequate to accommodate the construction of a cul-de-sac at the terminus of Arboretum Drive, additional right-of-way was obtained from the State of Iowa. Enclosed is a quit claim deed for the parcel needed for the construction of the cul-de-sac and to provide necessary grading for the installation of sidewalks. Included is the following warranty deed. Owner Leaal Description State of Iowa Lot A Breven Place RECOMMENDATION The above property has already been purchased by the City, and the quit claim deed should be accepted by the City Council. I would recommend adoption of the enclosed resolution accepting the deed. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution accepting the quit claim deed from the State of Iowa. Prepared by Ron Turner, PLS Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa (563) 589-4270 RESOLUTION NO. 94-06 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY LOT A OF BREVEN PLACE IN THE CITY OF DUBUQUE . Whereas, the City of Dubuque entered into a Purchase Agreement with the State of Iowa pursuant to which the State of Iowa agreed to convey Lot A of Breven Place, in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and . Whereas, the State of Iowa 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 Quit Claim Deed from the State of Iowa, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. acknowledge on herewith. The Mayor is hereby authorized and directed to execute and behalf of the City of Dubuque any instruments in connection Passed, approved and adopted this 20th day of March 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ARBORETUM DRIVE - ACCEPTANCE OF DEED ~ VICINITY MAP 200 1~RAPHI~ SCAL,~O 200 NORTH ~~ I I DRAWING MAY HAVE BEEN REDUCED 1 INCH'" 200 FEET AQUISITION AREA ARBORETUM ~~ ~,~~ t.-~~ 'R! Revi6edon1l15~ HIGHWAY DIVISION IOWA DEPARTMENT OF TRANSPORTATION OFFICE OF RIGHT OF WAY Dubuque County STPN-32-1 (3)-2J-31 Parcel No.7, Sequence 1 OFFER TO BUY 1 herewith submit an unconditional offer of $ 1.00 to the Iowa Department of Transportation (hereinafter known as Department) for the purchase of the following land: A part of Lot 1-1-1-1-1-1-1-1 of Breven Place, in the City of Dubuque, Dubuque County, Iowa, more particularly described as follows: Commencing at a point of reference at the northwest corner of Section 15, T89N, R2E, 5th P.M., Dubuque County, Iowa, said point also being the northwest corner of Breven Place in the City of Dubuque, Dubuque County, Iowa. Thence N66032'19"E 50.01 feet along the north line of the northwest quarter of said Section 15 to the point of beginning (this is an assumed bearing for this description only); Thence N86032'19nE 21.31 feet continuing along said north line to a set iron rod; Thence S2024'07nE 34.12 feet to a set iron rod at a point of curvature; Thence southwesterly 47.96 feet along a 50.00 foot radius curve concave northwesterly to a set iron rod at a point of intersection with the west line of Lot 1-1-1-1-1-1-1-1 of Breven Place (chord S25.05'12'W, 46.16 feet); Thence N2.24'07'W 75.40 feet along said west line to the point of beginning. The above described parcel was surveyed and platted for right of way purposes for improvements to Arboretum Dnve in the City of Dubuque, Dubuque County, Iowa; the plat of which is attached hereto and made a part of this certificate; contains 1342 square feet, more or less, and is subject to easements of record and not of record, and hereinafter shall be known as Lot A of Breven Place in the City of Dubuque, Dubuque County, Iowa. All monuments were found or placed as shown on the attached plat. Declaration of Value Filing is not required, as the State of Iowa is the Grantor and exempt from such filing by Section 428A.2(6) of the Code of Iowa, I herewith enclose a CERTIFIED CHECK, CASHIER'S CHECK, MONEY ORDER, BANK DRAFT or WARRANT (the Department will NOT accept PERSONAL CHECK or CASH) for the full amount of the offer made payable to the Iowa Department of Transportation. Should the Department not accept the bid or offer, the amount will be returned by mail. I accept title by State Patent. i aaree to acceot the State Patent without an Abstract of Title, and am aware that the land is being sold in accord with the provisions of and subject to the limitations of Section 306.22 through and including 306.25 of the Code of Iowa. "Any sale of land as authorized therein shall be upon the conditions that the tract, parcel or piece of land so sold shall not be used in any manner so as to interfere with the use of the highway, or to the material damage of the adjacent owner, and shall be subject to the right of all utility associations, companies. or corporations to continue in possession of a right of way in use at the time of such sale." The Iowa Department of Transportation reserves the right to waive any technicalities and to reject any or all bids or offers. I certify that I have inspected this property to my complete and total satisfaction and that I am fully aware of all conditions of the property and the terms and conditions under which it is being offered for sale. I understand that the property is being sold as is with no warranties of any nature either expressed or implied. I therefore submit a bid, as shown above, for the property. If my offer is accepted by the Department, please issue the Patent to: (PLEASE PRINT OR TYPE) C,t o-f . 6 he exact name or name he bidder wishes to appear on Patent ::.>0 West I,:>+b s+ D~'~\o' . gIo.. Address. . Signed X ^ ~ 5Z<.>0 \ NeV, 14-, 't6 0 S Date 5~? - '5S9-A-'2,lO Telephone Number raa Examples of types of names that will be accepted by the State Land Office: 1) John J. Doe 2) John J. Doe and Mary Ann Doe 3) John J. Doe and Mary Ann Doe as joint tenants with full rights of survivorship and not as tenants in common 4) Any business name ENTERED FOR TAXA liON ON This Iq"'day of ~~ 200~ DENISE M. DOLA - lJ" DUbuque County Auditor \ y,W,L .~\. .b crt.,.., By' fh. 11" l Deputy II.mlllml~I~IIIIIIIIIIIIII~~IIIIIIII~IIIIIII.I~I~1 Doc IO: 005335570003 Type: BEN Recorded: 01/19/2006 at 09:31:08 AM Fe. Amt: $22.00 Page 1 of 3 Revenue Tax: $0.00 DubuQue County Iowa Kathy Flvnn Thurlow Recorder m.2006-00000896 Plt:lP!I'd !!yIRetu~IO' Shjllqn B2wers. lASirtmeDI ofJ:ranlPortalio,p. ~h~OfWaYOffi,lOeOSOO LiDc~I'l,W,y, A. mes,IA 50010,515_239_1539 I-\uor~ss I ax .::)l;aLe~ 1:0: Lll:Y OT uUDuque.:J W. Ijtn St.. Dubuque, IA ,~ Iowa Department Of Transportation .... STATE OF IOWA IOWA DEPARTMENT OF TRANSPORTATION QUITCLAIM DEED TO CITY OF DUBUQUE, IOWA 52001 The Iowa Department of Transportation, by N. J. Richardson, Director, acting for the State onawa by authority ofIawa 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 instrument and by the public's use thereof as a public roadway, and any bridges, culverts, or structures that may be situated thereon, to the following described roadway situated in Dubuque County, Iowa, to-wit: That portion of former Primary Road No. IA 32, which is now a part of the local municipal street system, described as follows: A parcel of land located in the NW 1;4 of the NW Y4 of Section IS, Township 89 North, Range 2 East of the 5th P.M., City of Dubuque, Dubuque County, Iowa, shown as Lot A, Breven Place on Plat of Survey filed in the Office of the Dubuque County Recorder on March 16,2005, file number 2005- 00003738, containing 1,342 square feet. Title and interest to part of the above described roadway was acquired by the State of Iowa from Elizabeth M. White, Trustee of the Elizabeth M. White Trust under the Declaration of Trust Dated September 8, 1993 by a Trustee's Warranty Deed filed by the Dubuque County Recorder on July 14, 2000, document number 8081-00. Title and interest to any remainder of the above described roadway has never been conveyed by title instruments to the State ofIowa. All available descriptions, plats, maps, or engineering drawings will be transmitted in accord with Iowa Code Section 306.42(1). This transfer is subject to the rights of all utilities in possession of any right of way and all rights of ingress 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. and a declaration of value because the State of Iowa is the grantor, pursuant to Iowa Code Section 428A.2(6). Signed this~ day OfO-J/"-oy , 2006 r/ . ~.A1-?,d~ N. . chardson, Director Iowa Department of Transportation Dub"'lucCounty STPN-32-1(J)--H-JI.ParceINo_7 Revised 10102 s- /7- o ...cj ~----j /.. ~ 50 West 13th 51. Dubu ue,IA 52001 Ph:563-589-4270 Im\l~illi\ll\ilm\llm\~~llllmlll~illll\llllllli\III\111\ Doc 10' 005119150004 Tvpe: PLA Recorded: 03/16/200~ at 03:27:52 PM Fee Amt: $22.00 PaRe 1 of 4 DubuQue County Iowa Kathv Flvnn Thurlow Recorder Fl1.2005-00003738 CITY OF DUBUQUE ACQUISITION PLAT COUNTY Dubuque PARCEL NO.I.D,O,T-7 JOB NO. PROJECT STPN-32-1-(3J--2J-31 SECTION 15 TWP 89N RANGE 2E ROW-FEE 1342 Sq, Ft. EXIST. ROAD NA PERM. EASEM'T NA LEGAL DESCRIPTION: Part of Lot 1-1-1-1-1-1-1-1 of Breven Place In The City of Dubuque OWNER State of Iowa (Previous Owners - Elizabeth M. White Trust) P.O.B. (NaB' 37'29" E) - (86.361 - - W' = ~gj N. "'- b~ U)~ ~ M W ;0 Lot 2 Block 7 , , ~ ",;, ~, , W z 5'" 0," ON 0'" ;< w ;<b ow ~~ < ~ ':':f\:) f2in ,\'1,<0 ;;;;;; ~C:J..;:....o' C-M ~ '"' (1D9.03') ~ ~<;;-. o~<o" </9 9'" "'9'<; 0<<' ~CJ ~ ill :> Lot 1 Block 7 '. ''''v. (95.00') BITIERSWEET LANE 34.35' (34.3(1') I enl ~\ WI a: I i\ (9 15 Iw ...J Iii! -I! W . ~I~ ~I-'" ~\i I~ I\~ ~ ~15: ~.... _M -", ~ ,- >t:;"'" ( .29') Fnd.PKalNWComer North Ul1e NW 1 NW 1\ Sec. 15, T89N, R2E Sec. 15 T89N, R2E 50.07 N..~l~~;;: ~ (13~2T / ~~:,or: .. NE CORNER ~ .,!2~' ~ ~ NW~ NW~ S ':"8 ~,:: : SEC. 15, T89N, R2E ~ ~1~~~ 5 Lot A Z .....k : Breven Place /J.f 7' ",'<p "11" I . .. '5 rn 0: We > m - > a:m Cl ~ al ::;;~ ::J' >-";' w~ a:.!- O.!- al' a:";' <~ N '0 ~ ~ ~ m o ~ .. ~ NO . ~ N ~ Lot 1-1-1-1-1-1-1-1 Breven Place .p'- .",. ,f:J'f,'tJ ",. \ . \# "",# .#~ I ~ \ LEGEND R.O,W. (100.00) P.O.B .. /::; Notes; Plat Requested by: The City of Dubuque Date of Survey 01-19-05 ~ NORTH '--- 0' 20' 40' SCALE 1"" 40' . . o PROPERTY LINE ( SURVEYED) FOUND IRON ROO Wf lOOT CAP # 10679 FOUND IRON ROD WI YELLOW CAP # 4016 seT 5/B" REBAR WITH YELLOW PLASTIC CAP AS SHOWN ABOVE RIGHT OF WAY RECORDED DIMENSION POINT OF BEGINNING ADJACENT PROPERTY LINE FOUND P.K NAil SECTION CORNER SHEET 1 of 4