Asbury Rd Deed ROW from DB & T
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MEMORANDUM
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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
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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
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NORTH
ASBURY ROAD WIDENING
2196 HOLLIDAY DRIVE
VICINITY MAP
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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
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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
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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
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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
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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
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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.
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By: