Arboretum Dr. Deed from IDOT
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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
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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
~~
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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
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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)
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LEGEND
R.O,W.
(100.00)
P.O.B
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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