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Asbury Rd Deed ROW from DB & T i5~~%duE ~<k~ MEMORANDUM ,r..". September 25, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of Warranty Deed - Asbury Road City Engineer Gus Psihoyos is recommending acceptance of the warranty deed for a right-of-way purchase on Asbury Road at 2196 Holliday Drive. I concur with the recommendation and respectfully request Mayor and City Council approval. f1ltJl ~:~~ Michael C. Van Milligen MCVM/ksf Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Dii~~E ~c#e.-~ MEMORANDUM September 20, 2006 FROM: Michael C. Van Milligen, City Manager Gus Psi hoyos, City Engineer oj 0 0. TO: SUBJECT: Acceptance of Warranty Deed - Asbury Road INTRODUCTION Enclosed is a resolution accepting a warranty deed for a right-of-way purchase on Asbury Road at 2196 Holliday Drive. DISCUSSION A strip of right-of-way three feet wide was necessary to purchase from Dubuque Bank & Trust Company in order to construct an additional eastbound lane on Asbury Road west of the Northwest Arterial. The contract for this construction was approved at the September 18, 2006 Council meeting. Enclosed is a warranty deed for the parcel needed for the pavement widening project, and to provide necessary grading for the installation of sidewalks. Included is the following warranty deed: Owner Legal Description Dubuque Bank & Trust Company Lot A of Lot 1 of Holliday Addition in the City of Dubuque, Dubuque County, Iowa RECOMMENDATION The above property has already been purchased by the City, and the Warranty 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 warranty deed from Dubuque Bank & Trust Company. Prepared by Ron Turner, PLS Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Return to: Ronald J. Turner, City of Dubuque, 50 W. 13'" Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 463-06 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY (LOT A OF LOT 1 OF HOLLIDAY ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA) Whereas, the City of Dubuque entered into an Acquisition Agreement with Dubuque Bank & Trust Company pursuant to which Dubuque Bank & Trust Company agreed to convey a part of Lot A of Lot 1 of Holliday Addition in the City of Dubuque, Dubuque County, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Dubuque Bank & Trust Company 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 Warranty Deed from Dubuque Bank & Trust Company, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, adopted and approved this 2nd day of October, 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ~ NORTH ASBURY ROAD WIDENING 2196 HOLLIDAY DRIVE VICINITY MAP ~-- AQUISITION AREA --I ASBURY RD I ~ CULVERS I I _J I DUBUQUE I ~~J_~ I I -- \~ \ \ ~"'I I --~ ~--~ I I , -- __J- I , \ -- \-- I I r-- GRAPHIC SCALE 200 100 0 100 20 ~~ I I DRAWING MAY HAVE BEEN REDUCED 1 INCH = 200 FEET I I I \ I I \ SAMS CLUB I I \ I I \ -- i: o 0: "0 <D ~ w > ii' Cl >- "" Cl ::J -" o I PREPARED 8'1': BUESING & ASSOCIATES ADDRESS 1212 LOCUST STREET, DUBUQUE, IOWA PHONE' (563) 556-4389 ACQUISITION PLAT: A PART OF LOT 1 OF HOLLIDAY ADDITION IN THE CITY OF DUBUQUE, IOWA = THISSURVEYI$LDCATEDINTH[NElj40r ISEC1ION 20, TB9N. R2E (DUBUQUE TWP) OF THE 5TH P,M.. IN THE CITY or DU8UOU~, DUBUQUE COUNTY, IOWA ASBURY ROAD (ROW VARIES) N 88'53"6" E 28.96' (28.59') N 89'00'17" E 237.53' (237.99') I 5421' , "lB.~L31' .". ROW : - -l-"-"'"32'55~'2Tor ~1--:t~B39:QO~;&{z'- ~ - ~, I EXISTING 10' LOT A I PUBLIC UTILITY Aquisition Areo I EASEMENT 511 SF i I I I I I I I I I I I 10' --l EASEMENT I I '" o '" I I I I b'1 ~I ~I ",I ~I ~ 011 ':;j I '" I '" I ~ I 1>: I b I z LOT 1 OF HOLLIDAY ADDITION '0 '" .-; ~ e 1.79' EXISTING PUBLIC UTILITY 5 B9.21'OO~ W 268.03' (268.06') ~I ~ I EXISTING '", r---pUBLlC UTILITY ~ -.t: I 0:/ I "'~ I E D 10' EASEMENT I I I I I I o 25 50 I ~ LOT 2 OF HOLLIDAY ADDITION L SURVEYED PROPERTY LINE ADJOINING PROPERTY LINE - - - PROPOSED ROW LINE - - - - - EASEMENT LINE o . . X% ) "'W W/AI " P.O.B. RECORDED DIMENSION RIGHT OF WAY WiTH ANGLE IRON SQUARE FEET POINT or BEGINNING PLACED 5/8" IRON REROD W/YEllOW PLASTIC CAP MARKED "JlW 4015" rOUND 5/8" IRON REROD WIRED PLASTIC CAP MARKED "125.31" rOUND 5/8" IRON REROD SCALE '" o " IN /08 S 1"05'12N E 2.98' "' (j) w ii' "" > ,. o 0: N "' >- ,. I "" .::;. d "', "\ '" ~ ~ '" ~ ~ ~ '" '" '" -" "" ii' w e- o: "" e- Cfl ~ I e- o: o z '" o " 100 I FEET = 1 ALL MEASUREMENTS ARE IN rEET AND DECIMALS THEREOF 2 PROPRIETOR or ACQUISlTION AREA; DUBUQUE BANK AND TRUST COMPANY .3 ACQUISITION REQUESTED 8Y: CITY OF DUBUQUE FOR WIDENING OF ASBURY ROAD 4 TOTAL ACQUISITION AREA SURVEYED IS 511 SQUARE rEET ::, THIS PLAT IS SU8JECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. 6 IF THIS PLAT DOES NOT HAVE THE SURVEYOR.S SIGNATURE IN PURPLE INK. IT IS A COpy AND MAY CONTAIN UNAUTHORIZED ALTERATIONS. THE CERTIFICATION CONTAINED ON THIS PLAT SHALL NOT APPLY TO ANY COPIES. 7. ALL MONUMENTS WERE SET OR SHALL BE SET WITHIN ONE YEAR FROM THE DATE THAT THIS PLAT 1$ RECORDED B,\!~,;H"G ~tlC/N~~RS AND SURI'EYORS 11'2LOCUSTST,oueUOUE,IA (5S3) ~~S-Ha9 CHECKED 8Y JLW PLOT OAT(: 9/7/06 SCALE: ," ~ 50. ACOUISITION AREA \\\\\\1\111111/11/11 ~"',\\ LIWD IIIII//~ #x'~.'....."~~ I!/~ L~ITE\~ \:~......~~~~......y '4llllllli/;/II~I~\~\\\\\\\>:-'~ I HEREBY CERTIFY THAT THIS LAND SURVEYING OOCUMENl WAS Fe RED AND THE RELATED SURVEY WORK WAS PERFOIUAED BY ME OR UNO MY DIRECT PERSONAL SUPERVISION AND THAT 1 AM A DULY LICE S LAND Y UNDER THE LAWS OF THE STATE OF IOWA .5 <--~ ZooC ~ DRAWN BY NWL SURVEY DATE: 8/28/06 OW(;. NO, 06012-AQ N l WHITE ICENSE NUMBER 4016 MY UCENsr RENEWAL DATE IS DECEMBER 31. 2006 SHEET 1 OF 5 SHEETS 1 & 2 Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270 Address Tax Statement: Ken TeKippe, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589- 4133. WARRANTY DEED For the consideration of Eight Thousand Eight Hundred Eighty Eight and 00/100 Dollars ($8,888.00), Dubuque Bank & Trust Co. does hereby convey to the City of Dubuque, Iowa, the following described real estate in Dubuque County, Iowa: Lot A of Lot 1 of Holliday Addition in the City of Dubuque, Dubuque County, Iowa, as shown on the Acquisition Plat thereof This land is being acquired for public purposes and a Declaration of Value is not required according to Iowa Code Section 428A.1. Grantors do hereby covenant with Grantees, and successors in interest, that Grantors hold the real estate by title in fee simple; that they have 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 Grantors covenant to warrant and defend the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. 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. Dated at Dubuque, Iowa this / y day of 5'F.PT(.:v".,d(J' ,2006. DUBUQUE BANK & TRUST CO. N~!~ By: