Deeds, W. 32nd St. Detention Pond
i5ii~~E
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MEMORANDUM
September 25, 2006
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of Warranty Deeds - West 32nd Street Detention Pond
City Engineer Gus Psihoyos is recommending acceptance of two warranty deeds for
purchases necessary for the improvements to the West 32nd Street Detention Pond.
These properties have already been purchased by the City and include property on the
south side of West 32nd St. for construction of a box culvert and property on the north
side for shaping the outfall area and additional water detention.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
~!;l ~I0J1iL
Michae C. Van Milligen
MCVM/ksf
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psi hoyos, City Engineer
THEClTYOF ~
DUB E
~c/N.-~
MEMORANDUM
September 20, 2006
TO:
FROM:
Michael C. Van Milligen, City Ma~a~
Gus Psihoyos, City Engineer ./(J\:::,-(
SUBJECT: Acceptance of Warranty Deeds - West 32nd Street Detention Pond
INTRODUCTION
Enclosed is a resolution accepting two warranty deeds for purchases necessary for the
improvements to the West 32nd Street Detention Pond.
DISCUSSION
Property on the south side of West 32nd Street was necessary to purchase for the
proposed construction of a box culvert. This area includes a portion of the channel near
the entrance to the culvert in order to maintain the channel. Property on the north side
near 1005 West 32nd Street was required for shaping the outfall area of the box culvert
and additional water storage area for detention.
Enclosed are the warranty deeds for the parcel needed for the West 32nd Street
Detention Pond Project. Included are the following warranty deeds:
Owner
Legal Description
James A. & Anita M. Sullivan
Lot A of Lot B of Sullivan's Second Addition in
the City of Dubuque, Dubuque County, Iowa
Ralf A. & Leta Marie Schreyer
Lot 2 of Gillespie's Third Addition in the City of
Dubuque, Dubuque County, Iowa
RECOMMENDATION
The above properties have already been purchased by the City, and the Warranty
Deeds should be accepted by the City Council. I would recommend adoption of the
enclosed resolutions accepting the deeds.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolutions accepting the warranty
deeds from James A. & Anita M. Sullivan and Ralf A. & Leta Marie Schreyer.
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. 13m Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 464-06
A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY (LOT 2 OF
GILLESPIE'S THIRD ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA)
Whereas, the City of Dubuque entered into an Acquisition Agreement with Ralf A. and
Leta M. Schreyer pursuant to which Ralf A. and Leta M. Schreyer agreed to convey Lot 2 of
Gillespie's Third Addition in the City of Dubuque, Dubuque County, Iowa, as shown on the Plat
of Survey thereof; and
Whereas, Ralf A. and Leta M. Schreyer have 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 Ralf A. and Leta M. Schreyer, 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
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13'h Street, Dubuque, IA 52001 (563) 589-4270
Return to: Ronald J. Turner, City of Dubuque, 50 W. 13m Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 465-06
A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY (LOT A OF LOT B
OF SULLIVAN'S SECOND ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY,
IOWA)
Whereas, the City of Dubuque entered into an Acquisition Agreement with James A. and
Anita M. Sullivan pursuant to which James A. and Anita M. Sullivan agreed to convey Lot A of
Lot B of Sullivan's Second Addition in the City of Dubuque, Dubuque County, Iowa, as shown
on the Acquisition Plat thereof; and
Whereas, James A. and Anita M. Sullivan have 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 James A. and Anita M. Sullivan, 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
w. 32ND STREET
DETENTION POND
VICINITY MAP
\
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SCHREYER
\
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AQUISITION AREAS
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SULLIVAN
1
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GRAPHIC SCALE
200 100 0 100
1--1..........:
- -
20
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DRAWING MAY HAVE BEEN REDUCED
1 INCH'" 200 FEET
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<><><>---<><><>
Instrument #2006-11190, filed July 24,2006.
PLAT OF SURVEY
GillESPIE'S THIRD ADDITION
BEING COMPRISED OF lOT 5 OF GillESPIE'S SUBDIVISION,
WEST 50 FEET OF lOT 1 OF lOT 6 OF GillESPIE'S SUBDIVISION,
AND lOTS 1-2 AND 2-2 OF MINERAL lOT 360
All IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
LOT 2-1-1-1-1-1-)-1 SE If. SW V. SEe 11
S LINE BIEDERMAN Pl AS PLATTED
AND MONUMENTED 1 ~ PIPE7
N89'49'51 "E 264.00',
....,-
(264') ~.
GARAGE ."4t :5
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TOTAL AREA.. 11.904 ACRES
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RADIUS .. 184.27'
CHORD .. 1"2.SS
CHO. BRG. .. NT29'2S"'E
AAC LENGTH - 146.67'
DELTA. .. 45'3&"7-
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11111111 ~IIIIII~ 11111 m~ IIIIII~I ~1I1111111111 III~ II~IIIIIIIIIIIIII
Doc ID: 005452480005 Type: GEN
Recorded: 07/14/2006 at 09:15:57 AM
Fee Amt: $27.00 PaQe 1 of 5
DubuQue County Iowa
Kathy Flynn Thurlow Recorder
F!l.2006-00010682
ACQUISITION PLAT
LOT A OF LOT B, SULLIVAN'S 2ND ADDITION
ALSO A PERMANENT EASEMENT FOR THE CONSTRUCTION AND
MAINTENANCE OF STORM DRAINAGE FACILITIES
AND ALSO A TEMPORARY CONSTRUCTION EASEMENT<#)
BEING COMPRISED OF
PARTS OF LOT B IN SULLIVAN'S 2ND ADDITION It
CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
/NO CAP
III LOT 1
SULLlV AN'S 2ND ADD.
SURVEYED FOR: THE CITY OF DUBUQUE
OWNERS: JAMES A. AND ANITA M. SULLIVAN
PERMANENT
EASEMENT
P.O.B.
PERM.
EASEMENT
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P.O.B.
TEMP.
EASEMENT
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CAP #1263
POINT OF BEGINNING
lOT A OF lOT B
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. CONSTRUCTION
EASEMENT
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SULLIVAN'S 2ND ADD.
LEGEND
SET%" IRON ROD W/YElLOW
CAP "MSA LS lLl'11'1
FOUND%" ROD W/CAP AS NOTED
FOUND 1" IRON PIPE
FEE ACOUISITION BOUNDARY
PERMANENT
EASEMENT LINE
----..- TEMPORARY EASEMENT LINE
ADJOINING lOT LINE
o 20 40
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LINE TABLE
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'II" II'"
60 80
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120
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(~Ol.
J. SCHMIDT
Number
L1
L2
L3
Distonce
17.27
19.42
24.78
PR:NTEOOR TYPEON......E
LICENSE NU"SER,l<l'11<1
UY LICENSE RENEWAL D~TE IS DECEMBER 0'. 7()()7
PACES OR SHEET, COVERED BY TH'S SEAL; 10F ~
Direction
N 43"56'02" E
S 51'18'59" E
S 07"22'05" E
m " ACQmSIl'ION PLAT
o ~ '" ~ 32NDSlREETDElENT10NlIASIN
"l']- :Eol C1TYOFDUEI~
v.:.. DUBU1~<;'o
KlpjilI5\SOUTHPLATS.OGN Jun06.2006St6ves
'" SOVTHPlATS,DGN
JUNEB,200G
E100KNO """""""..4920501
SJS JAN,2006
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lL'm~".':.~J~~,"",lL"
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13lh Street, Dubuque, IA 52001 (563) 589-4270
Address Tax Statement to: Ken TeKippe, City of Dubuque, 50 W. 13'" Street, Dubuque, IA 52001
(563) 589-4270
WARRANTY DEED
For the consideration of Four Thousand Five Hundred Sixty Eight and 00/100
Dollars ($4,568.00), James A. Sullivan and Anita M. Sullivan, do hereby convey to the
City of Dubuque, Iowa, the following described real estate in Dubuque County, Iowa:
Lot A of Lot B of Sullivan's 2" Addition in the City of Dubuque, DUbuque County,
Iowa, as shown on the Acquisition Plat thereof recorded as Instrument No. 2006-10682
This land is being acquired for public purposes and a Declaration of Value is not
required according to Iowa Code Section 428A.1.
The additional amount of Five Thousand Four Hundred Fifty Six and 00/100
Dollars ($5,456.00) was agreed to by partial acquisition agreement, is paid as severance
damages to the remaining property and is not subject to real estate transfer tax.
Grantors do hereby covenant with Grantees, and successors in interest, that
Grantors hoid the real estate by title in fee simple; that they have good and lawful
authority to self 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 ~ day of
By:
,2006
5 A. Sullivan \
By ?2t-1/:/rm ~
Anita M. Sullivan
STATE OF IOWA, DUBUQUE COUNTY, 55:
On this &1fay of C""'~j~20~ before me, the undersigned, a Notary
Public in and for said Stat~ appeared James A. Sullivan and Anita M.
Sullivan to me known to be the identical persons named in and who executed the
foregoing instrument and acknowledged thzt he ex ted the same as his voluntary act
and deed. .
v
Notary P blic
F'repared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Ken TeKippe, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4130
WARRANTY DEED
Forthe consideration of Twenty One Thousand and 00/100 Dollars ($21,000.00),
Ralf A. Schreyer and Leta Marie Schreyer, husband and wife, as joint tenants with full
rights of survivorship and not as tenants in common, do hereby convey to the City of
Dubuque, Iowa, the following described real estate in Dubuque County, Iowa:
Lot 2 of Gillespie's Third Addition in the City of Dubuque, DUbuque County, Iowa,
as shown on the Plat or Survey thereof recorded as Instrument No. 2006-11190
This land is being acquired for public purposes and a Declaration of Value is not
required according to Iowa Code Section 428A.1.
The additional amount of Six Thousand Nine Hundred Eight and 00/100 Dollars
($6,908.00) was agreed to by partial acquisition agreement, is paid as severance
damages to the remaining property and is not subject to real estate transfer tax.
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. c; Ii
O~". "".~~ ,~. ""..&2',:' .1f!t'~ ~
Ra A. Schreyer \
~ t\\~~~y------
Leta Marie Schreyer
By:
STATE OF IOWA, DUBUQUE COUNTY, ss:
On this~ay of ~<;' ~ ,20~ before me, the undersigned, a Notary
Public in and for said State, p rsonally appeared Ralf A SChreyer and Leta Marie
Schreyer to me known to be the identical persons named in and who executed the
foregoing instrument and acknowledged that he executed the same as his voluntary act
and deed. // .
.,6;;~ i
Notary Public
RONALD.' TURNER
Corr,,,,';: :" "iumber 1886&4
Ny CO~'(' .~" Expirtt~ -OJ