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IDOT Excess Right-of-Way Acceptance of Patent - Curtis and Bryant StreetsMasterpiece on the Mississippi Dubuque band AI- America City 1 2007 • 2012 • 2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of Patent - IDOT Lots at Curtis Street and Bryant Street DATE: December 9, 2013 Earlier this year the City purchased four lots that were remnant parcels from the Iowa Department of Transportation purchase of right -of -way for the reconstruction of Highway 20 (Dodge Street) along the west side of Bryant Street and the north side of Curtis Street. City Engineer Gus Psihoyos recommends City Council acceptance of the Patent from the State of Iowa conveying these parcels to the City of Dubuque. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Acceptance of Patent — IDOT Lots at Curtis Street and Bryant Street DATE: December 5, 2013 INTRODUCTION Dubuque All-America City 11111.1 2007 • 2012 • 2013 Enclosed is a resolution accepting a Patent from the State of Iowa conveying excess state right of way property at Curtis Street and Bryant Street in Dubuque. DISCUSSION Earlier this year the City had purchased four Tots that were remnant parcels from the IDOT purchase of right of way for the reconstruction of Highway 20 (Dodge Street) along the west side of Bryant Street and the north side of Curtis Street. In the future, the city plans to re- subdivide the lots for the development of one single family dwelling. The city would seek bids from the public on the single family lot. The city would retain and preserve the wooded bluff areas and green space on the lots. Enclosed is a Patent deed for the parcels mentioned above as follows: Owner Legal Description State of Iowa RECOMMENDATION Lots E, F, G, and H in Bonson and Stewart's Subdivision in the City of Dubuque, Dubuque County, Iowa The above property has already been purchased by the City, and the Patent 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 Patent from the State of Iowa. Prepared by Nate Kieffer, PLS Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270 RESOLUTION NO. 353 -13 A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY (LOTS E, F, G, AND H IN BONSON & STEWART'S SUBDIVISION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA) Whereas, on April 21, 2013, the City of Dubuque submitted an offer to purchase Lots E, F, G and H in Bonson & Stewart's Subdivision in the City of Dubuque, Dubuque County, Iowa and the State of Iowa has accepted said offer to purchase; and Whereas, the City of Dubuque has remitted payment to the State of Iowa as agreed upon in the offer to purchase said property; 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 Patent from the State of Iowa, a copy of which is 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 16th day of December, 2013. Lc/ Roy D. Buol, Mayor Attest: Key' S. Firnstahl, CM , City Clerk irw111i111111111w1111111111n11111wu11111Nau Doc ID 007738130006 Type: GEN Kind: PATENT Recorded: 07/08/2013 at 09:55:27 AM Fee Amt: $37.00 Page 1 of 6 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2013- 00011347 Prepared by\ Return to: Cyndy Howell. IA Department of Transportation, Right of Way Office, 800 Lincoln Way, Ames, IA 50010, 515- 239 -1534 Address Tax Statements: City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 State of o wa OFFICE OF THE SECRETARY OF STATE Patent No. 5863 STATE LAND OFFICE The STATE OF IOWA, subject to conditions listed in this patent, hereby conveys to City of Dubuque, real estate in Dubuque County, Iowa, and more particularly described as follows: A parcel of land known as Lot "F ", Bonson & Stewart's Subdivision in the City of Dubuque, Dubuque County, Iowa as described in a certain plat of Excess Right of Way, Surveyor's Certificate and Owner's Consent, Pages 1 of 4, 2 of 4, 3 of 4, and 4 of 4 attached hereto and by reference made a part hereof, recorded in the Office of the Dubuque County Recorder on October 9, 2009, as Document No. 2009 - 19009, containing 7,035 square feet, more or Tess. AND A parcel of land known as Lot "E ", Bonson & Stewart's Subdivision in the City of Dubuque, Dubuque County, Iowa as described in a certain plat of Excess Right of Way, Surveyor's Certificate and Owner's Consent, Pages 1 of 6, 2 of 6, 3 of 6, 4 of 6, 5 of 6, and 6 of 6, attached hereto and by reference made a part hereof, recorded in the Office of the Dubuque County Recorder on September 24, 2009, as Document No. 2009 - 18227, containing 3,858 square feet, more or less. (cont. page 2) CONDITIONS: Authority and consideration for issuance of this patent are stated in the certificate of the Right of Way Director of the Iowa Department of Transportation filed with the State Land Office as provided in Iowa Code Section 9G.6. This conveyance is subject to the conditions imposed by Iowa Code Sections 306.22, 306.23, 306.24, and 306.25, including the right of a utility association, company or corporation to continue in possession of a right of way in use at the time of the sale. I, Terry E. Branstad, Governor of the State of Iowa, have caused this instrument to be issued and the Great Seal of the State of Iowa to be affixed to it at Des Moines, on this 2' /. day 2013. TeeyE. ran tad, Governor of Iowa Matt Schultz, Iowa Secretary of State I hereby certify that the foregoing Patent is recorded in Vol. 26 Office. 1 DOT 1196 Page 96 in the State Land att Schultz, Iowa Secretary of State �� }� SOD Dubuque County City of Dubuque Patent Cont. from page 1 AND A parcel of land known as Lot "G ", Bonson & Stewart's Subdivision in the City of Dubuque, Dubuque County, Iowa as described in a certain plat of Excess Right of Way, Surveyor's Certificate and Owner's Consent, Pages 1 of 4, 2 of 4, 3 of 4, and 4 of 4 attached hereto and by reference made a part hereof, recorded in the Office of the Dubuque County Recorder on October 9, 2009, as Document No. 2009 - 19008, containing 5,453 square feet, more or less. AND A parcel of land known as Lot "H ", Bonson & Stewart's Subdivision in the City of Dubuque, Dubuque County, Iowa as described in a certain plat of Excess Right of Way, Surveyor's Certificate and Owner's Consent, Pages 1of 6, 2 of 6, 3 of 6, 4 of 6, 5 of 6, and 6 of 6, attached hereto and by reference made a part hereof, recorded in the Office of the Dubuque County Recorder on October 23, 2009, as Document No. 2009 - 19716, containing 1,870 square feet, more or less. Direct access between the above described parcel of land and U.S. 20 will be prohibited. Direct access between the above - described parcel of land and Bryant Street will be prohibited. The State retains the right of entry thereon for the purpose of constructing and maintaining the right of way fence. The fence shall be maintained for vehicle access control purposes only. The State will be held blameless and without liability for fencing private property or maintaining the same. The buyer may pasture against said fence at their own peril and the State will be held blameless and without liability for fencing private property or maintaining the same to restrain livestock. These provisions run with the land and are binding upon buyers, their heirs, successors, and assigns. 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. 2 DOT 1196 BONSON & STEWART'S SUBDIVISION LOT "F" IOWA DEPARTMENT OF TRANSPORTATION EXCESS RIGHT OF WAY COUNTY DUBUQUE STATE CONTROL NO. PROJECT NO. FN-20-9(29)--21-31 PARCEL NO. SECTION 25 TOWNSHIP 89 NORTH RANGE 2 EAST 7.035 SQ.FT. FROM CYNTHIA SUE ANDERSON, CYNTHIA SUE ANDERSON ATTORNEY —IN —FACT FOR BILLIE P. ANDERSON AND VELMA ANDERSON RECORDED IN DOCUMENT No. 11628 -93 PAGE 1 OF 9 248 AREA ACQUIRED 1111 III!l tiNKIS lIIIIIlflllllu ue nl, Do : 00658246 4 ype: GEN Kind: EASEMENT PLAT Recorded: 10/09/2009 at 12:26:29 PM Fee Amt: $24.00 Pape 1 of 4 Dubuque County Iowa Kathy Flynn Thurlow Recorder Fiie2009- 00019009 (REQUESTED BY OWNER: STATE OF IOWAI 9 40' (6 FD.3 /4' IRON PIPE 69 +90.26 BRYANT STREET CURVE DATA PI STA 69 +08 +17 PC STA 68 +25.55 PT STA 69 +90.28 p = 11 °02'42.4 "LT. D = 6 °42'18" T = 82.62' L = 164.73' R = 854.52' LOT "F" BONSON & STEWART'S SUBDIVISION BRYANT / STREET PC STA.68 +25.55 DETAIL CITY OF DU I1) UW E9 IOWA LEGEND I hereby certify that this land surveying document was prepared by me or under my direct personal supervision and that I am a duly licensed Land under the ows of the State of Iowa. DENNIS R. KUNZ DATE: License number 10679 My license renewal date is December 31. 2010 Pages covered by this seal• //->.� • DATE DRAWN MAY 19, 2009 0.00 rv1 ri-L., rQ...l O SET 5/8 "REBAR WITH RED PLASTIC CAP PLS# 10679 o FOUND 3/4 "IRON PIPE INSIDE 1 1/4" GAS PIPE O FOUND REBAR — VARIOUS SIZES ❑ FOUND 1/4 "x1" FLAT IRON ( ) RECORDED DISTANCE O SET CUT "X" SCALE 1 = 100' (Cage 1 or e) b ' BONSON & STEWART'S SUBDIVISION LOT "E" IOWA DEPARTMENT OF TRANSPORTATION EXCESS .RIGHT OF WAY PAGE / OF COUNTY DUBUQUE STATE CONTROL NO. PROJECT NO. 'F N -20 -9 (29) - -21 -31 - PARCEL NO. 298E SECTION 25 TOWNSHIP 89 NORTH RANGE 2 EAST AREA 3.$58 SO. FT. ACQUIRED FROM RAYMOND L. AND RITA M. DAVIS RECORDED IN DOCUMENT No. 13506 -92 Dec ID 008571880006 Type: GEN Kind: SURVEY PLAT Recorded: 09/24/2009 at 02 13 37 PM Fee Amt: $32.00 Pape 1 of 6 Dubuque County Iowa Kathy l]Flynn TIiUrlow Recorder F11e2009 -00 ©18227 REQUESTED BY OWNER: STATE OF IOWA{ RDA 0' \ ,W CORNER LOT 20 T SET PX NAIL //\ (20: >p\ 4 T 7 N 22•31'24'E BEGINNING 50.00' S. S 67.12'18 "E 59.00' • LOT "E" BONSON d STEWART'S SUBDIVISION S 13.22159'E 49.69' pD v5,2 GE STREET) BRYANT STREET CURVE DATA PI STA 69 +08 +17 PC STA 68 +25.55 PT STA 69 +90.28 p = .11.02'42.4 °LT. 0 = 6'42'18' T = 62.62' L = 164.73' R = 854.52' L = 12.19' R = 814.52' CH BEA 5 12.57'16 "E CH DI5 12.19' a= 0.51'26" BRYANT / STREET F0.3/4' IRON PIP PC STA 68 +25 CITY OF DU 1 UO UE9 IOWA LEGEND ItY 1 hereby certify shot this Tend surveying doa tint Pros pr.pared by AO or under Ry direot parsot.i supervision and that 1 as a duty licensed Load wide tb$ lave Of The State of lava. =2o- 5 R. K 2E DATE: Ltcesse sneer 10679 in license renal data le eecaneer 31. 2010 PUOSE covered by this seal: ,4;40Y DATE DRAWN MAY 19. 2009' o SET 5 /8'REBAR WITH RED PLASTIC CAP PLS# 10879 O POUND 3/41IRON PIPE INSIDE 1 1/4' GAS PIPE • FOUND REBAR - VARIOUS SIZES D FOUND 1/4'x1' FLAT IRON ( 1 RECORDED DISTANCE ® SET CUT 'X" eigizo cry ca�.c Book . Pace BONSON & STEWART'S SUBDIVISION LOT "G" IOWA DEPARTMENT OF TRANSPORTATION EXCESS RIGHT OF WAY COUNTY DUBUQUE STATE CONTROL NO. PROJECT NO. FN -20 -9 ( 29 )--21-31 PARCEL NO. SECTION 25 TOWNSHIP 89 NORTH RANGE 2 EAST AREA 5,453 SQ. FT. ACQUIRED FROM RUTH M. HERDRICH RECORDED IN DOCUMENT No. 6080 -93 PAOE 1 OF 4 OF TggHS 249 Doc ID 006582450004 Type GEN Kind: EASEMENT PLAT Recorded: Fee Amt: $2410/09/2009 0 /Page 1 of 2423:35 PM Dubuque County Iowa Kathy Flynn Thurlow Recorder File —00019008 77 REQUESTED BY OWNER: STATE OF IOWA \ r20•\ Qt / \r y O\ 70\ OT 9 N & SI E �5 w ARS 80� SURE NX i C3 CURT SET PK PR1MARDODGEDS o n,-.2 EET7 20 (s0') , !IJ/01104 • \p1 FD.3 /4' IRON PIPE SW CORNER / LOT 23 69+9 BRYANT STREET CURVE DATA PI STA 69 +08 +17 PC STA 68 +25.55 PT STA 69+90.28 p = 11 °02'42.4 "LT. D = 6°42'18" T = 82.62' L = 164.73' R = 854.52' L = 64.24' R = 814.52' CH BEA S 10 °15'58 "E CH DIS 64.23' A= 4 °31'09" BRYANT STREET DETAIL P- LC w CC In W ti PO /NT OF 1 BEG INNING SEE DETAIL L = 57.06' R = 34.97' CH BEA N 78 °30'24 "W CH DIS 50.94' A= 93 °28'59" CITY OF DU I1) / S 22 °31124 "W 76.17' • LOT "G" BONSON & STEWART'S SUBDIVISION N 1 LTWIE, IOWA 0' I hereby certify that this land surveying document • was prepared by me or under my direct personal supervision and that I am a duly licensed Land r under t lows of the State of Iowa. DENNIS R. KUNZE DATE: License number 10679 My license renewal date is December 31 2010 Pages covered by this seal: f/a7C1 DATE DRAWN MAY 19, 2009 0' LEGEND 0 0 SET 5/8 "REBAR WITH RED PLASTIC CAP PLS# 10679 FOUND 3/4 "IRON PIPE INSIDE 1 1/4" GAS PIPE FOUND REBAR — VARIOUS SIZES FOUND 1/4 "x1" FLAT IRON RECORDED DISTANCE ® SET CUT "X" 50' 100' SCALE 1 = 100 BONSON & STEWART'S SUBDIVISION LOT "H" IOWA DEPARTMENT OF TRANSPORTATION EXCESS RIGHT OF WAY PAGE 1 OF 4 OF rqq COUNTY DUBUQUE STATE CONTROL NO. PROJECT NO. FN-20-9( 29 ) - -21 —31 PARCEL NO SECTION 25 TOWNSHIP 89 NORTH RANGE AREA 1 , 870 SQ. FT. ACOUIRED FROM MICHAEL F. AND KAREN A. ROERIG RECORDED IN DOCUMENT No. 7179 -89 250 2 EAST Doc ID: 006592060006 Type GEN Recorded: 10 /23/2009 at 03:32:54 PM Fee Amt: $34.00 Pape 1 of 6 Kathy °Flynn °Thurlow Recorder Filet 9_ 19716 7 7\ I` \'e0 O p\ • 10\ \ SET PK OT 9 9 So, NAIL (REQUESTED BY OWNER: STATE OF IOWA PRIAIAR BRYANT STREET \pi S 9 r OoO�O ESrREEvrS. 90.26 BRYANT STREET. CURVE DATA PI STA 69 +08 +17 PC STA 68 +25.55 PT STA 69 +90.28 A = 11 °02'42.4 "LT. D = 6 °42'18" T = 82.62' L = 164.73' R = 854.52' L = 80.59' R = 814.52' CH BEA S 5 °10'21 "E CH DIS 80.55' A= 5 °40'07" FD.3 IRON PIPE s STR �10,o3<<•F FT� SW CORNER \I F LOT 23 I (50') L = 57.06' R = 34.97' CH BEA N 78 °30'24 "W CH DIS 50.94' W A= 93 °28'59" CC L7 o L = 11.80' R = 34.97' CH BEA N 22 °05'52 "W CH DIS 11.75' A = 19 °20'04" CITY OF DU I'1) 9 PC STA 68 +25.55 LOT "H" BONSON & STEWART'S SUBDIVISION S 2 °20'16 "E 13.64' N 68 °50'22 "W 34.93' `L-/ O UE 9 1 hereby certify that this land surveying document was prepared.by me or under my direct personol supervision end that 1 am a duly licensed Land Surveyor under the laws of the State of lowo. 5:24>. 2/0 DENNIS R. KUNZE DATE: License number 10679 My license renewal date is December 3,. 2010 Pages covered by this seal• /.7745/ DATE DRAWN MAY 19,2009 W 0 E 1 IOWA LEGEND O SET 5/8 "REBAR WITH RED PLASTIC CAP PLS# 10679 O FOUND 3/4 "IRON PIPE INSIDE 1 1/4" GAS PIPE ® FOUND REBAR - VARIOUS SIZES O FOUND 1/4 "x1" FLAT IRON ( ) RECORDED DISTANCE O SET CUT 50' 100' SCALE 1 = 100 THE CITY OF DUB Masterpiece on the Mississippi AREA MAP CURTIS ST. IDOT PROPERTIES DAGIS DUBUQUE AREA C.aGRAPHIC INFCaMATION DISCLAIMER: This Information was compiled sing the Dubuque Area Geographic Information System (DAGIS), which Includes data created by both the City of Dubuque and Dubuque County . It Is understood that, while the City of Dubuque and participating agencies utilized the most current and accurate Information available, DAGIS and It's suppliers do not warrant the accuracy or currency of the Information or data contained herein. The City and participating agencies shall not be held cable for any direct, Indirect, Incidental, unnsmquential, puniti e, or special damages, whether foreseeable or foreseeable, arising out of the authorized or unauthorized use of this data or the Inability to use this data or out of any breach of warranty whatsoever. 60 1 inch = 60 feet 30 0 60 Feet W E Map Prepared by: City of Dubuque Engineering Division 50 West 13th Street Dubuque, Iowa 52001 Phone: (563) 589 -4270 Fax: (563) 589 -4205