Acceptance of Grant of Warranty Deed - 1610 Loras Blvd_Jester Copyright 2014
City of Dubuque Consent Items # 12.
ITEM TITLE: Acceptance of Grant of Warranty Deed - 1610 Loras Blvd
SUMMARY: City Manager recommending acceptance of a Warranty Deed for Access
Rights across Part of Lots 59 and 61 in Discharge and Schwind's
Subdivision, owned by William and Kathleen Jester.
RESOLUTION Approving the acquisition of real estate owned by William
and Kathleen jester in the City of Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ Acceptance of Grant of Warranty Deed from Jester-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Resolution Resolutions
❑ Warranty Deed Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of Grant of Warranty Deed for Access Rights from William
and Kathleen Jester Over Property at 1610 Loras Boulevard in Dubuque-
Grandview at Loras and Grandview at University Intersection
Improvements
DATE: September 2, 2015
City Engineer Gus Psihoyos recommends City Council acceptance of a Warranty Deed
for Access Rights across Part of Lots 59 and 61 in Tschirgi and Schwind's Subdivision,
owned by William and Kathleen Jester. The City has negotiated with the owners for
deed to access rights to facilitate the proposed design of the roadway improvements at
the intersection.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael 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
THE CITY OF DubuqueDUB L AEN-Am dcdcaCC•ityy
11111 f
Masterpiece oti the Mississippi 2007.2012.2011
TO: Michael C. Van Milligen, City Manager
FROM: Bob Schiesl, Assistant City Engineer ��n
SUBJECT: Acceptance of Grant of Warranty Deed for Access Rights from William
and Kathleen Jester over property at 1610 Loras Blvd. in Dubuque -
Grandview at Loras and Grandview at University Intersection
Improvements
DATE: September 1, 2015
INTRODUCTION
The purpose of this memorandum is to seek acceptance of a Warranty Deed for Access
Rights across Part of Lot 59 and 61 in Tschirgi and Schwind's Subdivision, City of
Dubuque, Iowa.
DISCUSSION
The proposed traffic signal improvements at the intersection of Loras and Grandview
include the addition of turning lanes on North Grandview and the elimination of parking
stalls on both sides of the street from the intersection to the south side of the existing
garage. William and Kathleen Jester are the owners of an existing garage off of North
Grandview Avenue just south of the intersection of Grandview and Loras. An agreement
with the owners requires them to relocate the unsafe garage door fronting on Grandview
to the south side of the garage. In order to make sure that another garage or driveway
is not built too close to the intersection in the future, the City proposes to purchase
access rights along a portion of the property.
The property is described as Part of Lot 61, and Lot 1 of the East '/2 of Lot 59, in
Tschirgi and Schwind's Subdivision, City of Dubuque, Iowa, includes a residential
building, and is owned by William and Kathleen Jester. The City has negotiated with
the owner for deed to access rights to facilitate the proposed design of the roadway
improvements at the intersection.
RECOMMENDATION
I recommend accepting the Warranty Deed for Access Rights across Part of Lot 61, and
Lot 1 of the East 1/2 of Lot 59, in Tschirgi and Schwind's Subdivision, City of Dubuque,
Iowa, as shown on the exhibits attached to the Warranty Deed.
ACTION TO BE TAKEN
I respectfully request acceptance of the Warranty Deed for Access Rights from Williarn
and Kathleen Jester through the adoption of the enclosed resolution.
Prepared by Nate Kieffer, PLS
cc: John Klosterman, Public Works Supervisor
Don Vogt, Public Works Manager
David Ness, Traffic Engineer
2
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Kevin S. Firnstahl City Clerk, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 295-15
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY WILLIAM AND
KATHLEEN JESTER IN THE CITY OF DUBUQUE, IOWA
WHEREAS, the City of Dubuque intends to acquire certain real estate access rights
over a portion of Lots 59 and 61 in Tschirgi and Schwinds Subdivision located in in the
City of Dubuque, Iowa for a traffic signal improvements project at Grandview Avenue
and Loras Boulevard; and
WHEREAS, the owner of this certain real estate and the City of Dubuque have
voluntarily negotiated that the City of Dubuque acquire the property for acquisition; and
WHEREAS, the acquisition of this real estate is a voluntarily negotiated purchase by
the City of Dubuque under Section 6B.1A of the Iowa Code, and is not an acquisition by
the City of Dubuque through its exercise of the power of eminent domain under Chapter
6B of the Iowa Code; and
WHEREAS, an agreement has been finalized with the owner of the real estate
access rights scheduled for acquisition and executed by the owner.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa hereby approve the acquisition of access
rights over the following legally described real estate:
A portion of the Easterly line of Lots 59 and 61 in Tschirgi and Schwinds
Subdivision, City of Dubuque, Iowa, more particularly described as follows:
Beginning at the Northeasterly corner of Lot 61 in Tschirgi and Schwinds
Subdivision in the City of Dubuque Iowa; thence South 21 Degrees 39 Minutes
40 Seconds East along the Westerly Right of Way line of North Grandview
Avenue a distance of 112.00 feet to the Point of Termination.
Section 2. That the City of Dubuque be and is hereby authorized to accept a
Warranty Deed for Access Rights from the owner, conveying the owner's interest to the
City of Dubuque, Iowa for the herein described real estate:
Section 3. That the City Attorney be and is hereby authorized and directed to cause
said Warranty Deed for Access Rights to be recorded in the office of the Dubuque
County Recorder, together with a certified copy of this Resolution.
Passed, approved and adopted this 8th day of Sept tuber, 2015.
Roy D. Bayor
Attest:
Kevin irnstahl, City CI-"rk
Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 5200-1 563 583-4113
Return to: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 063 583-4113
SPACE ABOVE THIS LINE
FOR RECORDER
Tax statement to:
City of Dubuque, Iowa
City Hall
50 West 13tli Street
Dubuque IA 52001
WARRANTY DEED
(FOR ACCESS RIGHTS ONLY)
For the consideration of One Dollar and other valuable consideration, William K.
,Jester, a married person, does hereby convey to the City of Dubuque, Iowa, right of
access to real estate in Dubuque County, Iowa:
THE FEE SIMPLE TITLE GRANTED IS TO ACCESS RIGHTS DESCRIBED AS
FOLLO%A'S:
A portion of the Easterly line of Lots 59 and 61 in Tschirgi and Schwinds
Subdivision, City of Dubuque, Iowa, more particularly described as follows:
Beginning at the Northeasterly corner of Lot 61 in Tschirgi and Schwinds
Subdivision in the City of Dubuque Iowa, thence South 21 Degrees 39
Minutes 40 Seconds East along the Westerly Right of Way line of North
Grandview Avenue a distance of 112.00 feet to the Point of Termination.
As shown on Exhibit A attached hereto.
Note: The West Right of Way line of North Grandvie��-, Avenue is assumed to bear
South 21 Degrees 39 Minutes 40 Seconds East for the purpose of this description.
Exempt: lov.-a Code § 428A.2(21 ) Deeds in .-,,hich the consideration is five hundred dollars
or less.
Grantors do hereby covenant , ith grantees, and successors in interest. that grantors hold
the real estate by title in fee simple: that they have good and la%^,,ful 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 state: 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 do,.ver, homestead and distributive share
in and to the real estate.
Words and phrases herein, including ackno%rdedgement hereof, shall be construed as in
the singular or plural number, and as masculine or feminine gender, according to the
context.
Dated: ` 2015
By: t
Kathleen dester
By:
illiatn K. Jer'
NOTARY PUBLIC
STATE OF 1 O',AA,
COUNTY OF DUBUQUE, SS:
On this c--�?,S day of Afjtlt5i A.D., 2015 before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Kathleen Jester
and VVilliam K. Jester, husband and wife, to me kno,,.-,an to be the identical person(s)
named in and v.ho executed the within and foregoing instrument, to which this is
attached, and ackno'Adedged that they executed the same as their voluntary act and
deed.
a5,iA4" ALI HUNZEKER
°
cs COMMIS510N NUh1E3ER 7£35130
rhe
.¢a MY COMMISSIONEXPIr?f::' Notary Public In and For Said State
Reserved for Recorder
Dubuque
hittet
AlbAmerica City
200711.1
1
CITY OF DUBUQUE
ENGINEERING DEPARTMENT
CITY HALL, 50 WEST 13th STREET
DUBUQUE. IA 52001-4864
PHONE (563) 580-4270 FAX (563) 569-4205
Env, By: 9NK 1 ANiNFN Br 1016
1010: 06-162015
LOT 61 & LOT 1 E. 1(2 LOT 59 TSCHIRGI & SCHWINDS SUBDIVISION,
CITY OF DUBUQUE, IOWA
OVIO Location, ncADo2. M1.w Lodi Dnh TmMe Slomhvenn
e. Oat 06192J13.
OLP.010ben
I Saeel Number, 1 d 2
Prepared By: Nate Kieffer 50 West 13th St, Dubuque,IA 52001 Ph:563-589-4270
NORTH
0 10' 20' 40'
SCALE 1" = 20' FEET
NOTES:
THIS SURVEY IS LOCATED IN THE
NE 1/4 SECTION 26, T89N, R2E
(DUBUQUE TOWNSHIP)
OF THE 5TH P.M. IN THE
CITY OF DUBUQUE, DUBUQUE
COUNTY ICWA
FOR THE PURPOSE OF THIS
SURVEY THE WEST R.O.W. LINE
OF N. GRANDVIEW AVE. IS
ASSUMED TO BEAR SOUTH. 21
DEGREES 39 MINUTES 40
SECONDS EAST
6
s
FD. 5/8" REBAR
E Bs es/'" \
N 6j N N 1/2 LOT 47 & N 1/2 \
1LOT 48 TSCHIRGI &
-� l 1 SCHWINDS SUB % 1\
LEGEND
!60 \
/ 0 FOUND IRON ROD/PIPE AS SHOWN
\
5/8" REBAR
7A\
A \'
i� \
•O
0 SET 5/8" REBAR WITH YELLOW PLASTIC CAP # 18128
R.O.W. RIGHT OF WAY
(100.00') RECORD DIMENSION
�/ LINE BREAK
ADJACENT PROPERTY UNE
RIGHT OF WAY LINE
POINT OF BEGINNIN
RIGHT OF ACCESS PURCHASE:
NORTHEAST CORNER LOT 61
TSCHIRGI & SCHWINDS SUB.
EXHIBIT B
LOT 60 & W 1/2 LOT 59
TSCHIRGI & SCHWINDS
SUB
1526 L09A5 BLVD.
LOT 61 & LOT 1—E1/2-
59 IN TSCHIRGI & SCHWINDS
SUB. PER PLAT BK, 5 PG. 72
DUBUQUE CO. RECORDER'S
OFFICE
112' RIGHT OF
ACCESS PURCHAS
0
0
.2.
PROPOSED ACCESS RIGHTS LIMITS \ 0
S 1/2 OF LOTS 47 & 48 `. ,,\
NOTES: \ TSCHIRGI & SCHWINDS
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. SUB
2. PROPRIETOR OF ABOVE DESCRIBED LOT: WILLIAM K. JESTER
S. SURVEY REQUESTED BY: 017Y.OF DUBUQUE, S0 W. 15TH 5T. DUBUQUE, IOWA
4. TOTAL AREA OF PERIMETER SURVEYED: WA
6. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD.
6. DATE OF SURVEY: 0.:262015
I Hereby codify aaI Ns land awveyirm document was papered and
6a related survey work was podarmed by ata or rake: my direct
personal supervision and I am a duly licensed Lana
Swvayor under the laws of lac 61010 of Iowa.
�% • Jv &6-25-2015
Rased N. Kleller Iowa Lie No. 13120 Date
My licenserenewa( data Is December 91, 2016
Pages or ehecla covered by Ws seat: PA9E5 1 AND 20NLY
Z
7.
to
O
'0
POINT OF TERMINATIO
RIGHT OF ACCESS PURCHASE
CITY OF DUBUQUE
EXHIBIT "A" - ACQUISITION PLAT
LOT 1 EARL PLACE
COUNTY DUBUQUE PARCEL NO. 1026205008 JOB NO N/A
PROJECT G.VTEW/LORAS/UNIV. SECTION 26 TWP 89N RANGE 2E
ROW -FEE N/A EXIST, ROAD NIA PERM. EASEM'T N/A
LEGAL DESCRIPTION: LOT 61 & LOT 1- E 1/2 LOT 59 IN TSCHIRGI & SCHWINDS SUB.
OWNER WILLIAM K. JESTER
1321 N. GRAND010* AVE.
SURVEYOR'S CERTIFICATE
LEGAL DESCRIPTION
A portion of the Easterly line of Lots 59 and 61 in Tschirgi and Schwinds Subdivision, City of
Dubuque, Iowa, more particularly described as follows:
Beginning at the Northeasterly corner of Lot 61 in Tschirgi and Schwinds Subdivision in the
City of Dubuque Iowa; thence South 21 Degrees 39 Minutes 40 Seconds East along the
Westerly Right of Way line of North Grandview Avenue a distance of 112.00 feet to the
Point of Termination.
Note: The West Right of Way line of North Grandview Avenue is assumed to bear South 21
Degrees 39 Minutes 40 Seconds East for the purpose of this description.
The above described line was surveyed and platted for Right of Access purposes for
improvements to Grandview Ave. and Loras Boulevard in the City of Dubuque, Iowa; the plat of
which is attached hereto and made a part of this certificate.
I hereby certify that this land surveying document was prepared and the related survey work was
performed by me, or under my direct personal supervision, and that I am a duly licensed
Professional Land Surveyor under the laws of the State of Iowa.
_7.. V( y ` -X--� Date �4 "�. 2,0).S7
L4, O Russell N. Kieffer, P.L.S. No. 18128
��:•'' sG� My license renewal date is Dec. 31, 2016
•" Pages on sheets covered by this seal: this sheet only
p. RUSSELL N.
r4; KIEFFER ;0
'18128
IOWA
IIIII
11111111
11111111111
III 0
iii
111 11111
111
Doc ID 008314470007 Type GEN
Kind DEED WITH RESOLUTION
Recorded: 09/15/2015 at 09:52:32 AM
Fee Amt: $42.00 Page 1 of 7
Revenue Tax: $0.00
Dubuque County Iowa
John Murphy Recorder
File2015-00011909
Prepared by: Barry A. Lindahi, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
Return to: Barry A. Lindahl, Esq_ 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
Tax statement 10:
City of Dubuque, Iowa
City Hall
50 West 13th Street
Dubuque lA 52001
WARRANTY DEED
(FOR ACCESS RIGHTS ONLY)
SPACE ABOVE THIS LINE
FOR RECORDER
For the consideration of One Dollar and other valuable consideration, William K.
Jester, a married person, does hereby convey to the City of Dubuque, Iowa, right of
access to real estate in Dubuque County, Iowa:
THE FEE SIMPLE TITLE GRANTED IS TO ACCESS RIGHTS DESCRIBED AS
FOLLOWS:
A portion of the Easterly line of Lots 59 and 61 in Tschirgi and Schwinds
Subdivision, City of Dubuque, Iowa, more particularly described as follows:
Beginning at the Northeasterly corner of Lot 61 in Tschirgi and Schwinds
Subdivision in the City of Dubuque Iowa; thence South 21 Degrees 39
Minutes 40 Seconds East along the Westerly Right of Way line of North
Grandview Avenue a distance of 112.00 feet to the Point of Termination.
As shown on Exhibit A attached hereto.
Note: The West Right of Way line of North Grandview Avenue is assumed to bear
South 21 Degrees 39 Minutes 40 Seconds East for the purpose of this description.
Exempt: tows Code § 428A.2(21) Deeds in which the consideration is five hundred doliars
or less.
Grantors do hereby covenant with grantees, and successors in interest, that grantors hold
C=j Cr ®31v-
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 state; 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 acknowledgement hereof, shall be construed as in
the singular or plural number, and as masculine or feminine gender, according to the
context.
Dated: , 2015
By: /e te_A
By:
Kathleen ester
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this day of Aii,11454 , A.D., 2015 before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Kathleen Jester
and William K. Jester, husband and wife, to me known to be the identical person(s)
named in and who executed the within and foregoing instrument, to which this is
attached, and acknowledged that they executed the same as their voluntary act and
deed.
ta,
AU HUNZEKER
COMMISSION NUMBER 785130
MY COMMISSION EXPIRES
.L1_
it
Notary Public In and For Said S
Reserved for Recorder
Ph:563-589-4270
c\i
50 West 13th St. Dubuque
a)
a)
co
L.
CO
22
Dubuque
* * * * *
All -America City
ir
11
2007
CIT"
EN
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PHONE
Drawn By: RP
LOT 61 & L
DWG Location: F:\
acq plat 06192015d
C.I.P. Number:
NORTH
0 10 20'
SCALE 1" = 20' FEET
NOTES:
THIS SURVEY IS LOCATED IN THE \
NE 1/4 SECTION 26, T89N, R2E - E 1/2 -
(DUBUQUE TOWNSHIP) SCHWINDS
OF THE 5TH P.M. IN THE 5 PG. 72
CITY OF DUBUQUE, DUBUQUE )RDER'S
COUNTY IOWA
FOR THE PURPOSE OF THIS
SURVEY THE WEST R.O.W. LINE
OF N. GRANDVIEW AVE. IS
ASSUMED TO BEAR SOUTH 21
DEGREES 39 MINUTES 40
SECONDS EAST
BLVD.
112' RIGHT OF
FD. 5/8"ESS PURCHAS
\
(5‘0.
•C)
5
LOT 27
1590 LOMB 6L'V.
POINT OF TERMINATIO
RIGHT OF ACCESS PURCHASE
LOT 1 EARL PLACE
1321 N. GRANDVIEW AVE.
SURVEYOR'S CERTIFICATE
LEGAL DESCRIPTION
A portion of the Easterly line of Lots 59 and 61 in Tschirgi and Schwinds Subdivision, City of
Dubuque, Iowa, more particularly described as follows:
Beginning at the Northeasterly corner of Lot 61 in Tschirgi and Schwinds Subdivision in the
City of Dubuque Iowa; thence South 21 Degrees 39 Minutes 40 Seconds East along the
Westerly Right of Way line of North Grandview Avenue a distance of 112.00 feet to the
Point of Termination.
Note: The West Right of Way line of North Grandview Avenue is assumed to bear South 21
Degrees 39 Minutes 40 Seconds East for the purpose of this description.
The above described line was surveyed and platted for Right of Access purposes for
improvements to Grandview Ave. and Loras Boulevard in the City of Dubuque, Iowa; the plat of
which is attached hereto and made a part of this certificate.
I hereby certify that this land surveying document was prepared and the related survey work was
performed by me, or under my direct personal supervision, and that I am a duly licensed
Professional Land Surveyor under the laws of the State of Iowa.
-74714 7.1/ Date -Z5 -705
Russell N. Kieffer, P.L.S. No. 18128
My license renewal date is Dec. 31, 2016
Pages on sheets covered by this seal: this sheet only
2 O 2.
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Kevin S. Firnstahl City Clerk, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 295-15
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY WILLIAM AND
KATHLEEN JESTER IN THE CITY OF DUBUQUE, IOWA
WHEREAS, the City of Dubuque intends to acquire certain real estate access rights
over a portion of Lots 59 and 61 in Tschirgi and Schwinds Subdivision located in in the
City of Dubuque, Iowa for a traffic signal improvements project at Grandview Avenue
and Loras Boulevard; and
WHEREAS, the owner of this certain real estate and the City of Dubuque have
voluntarily negotiated that the City of Dubuque acquire the property for acquisition; and
WHEREAS, the acquisition of this real estate is a voluntarily negotiated purchase by
the City of Dubuque under Section 6B.1A of the Iowa Code, and is not an acquisition by
the City of Dubuque through its exercise of the power of eminent domain under Chapter
6B of the Iowa Code; and
WHEREAS, an agreement has been finalized with the owner of the real estate
access rights scheduled for acquisition and executed by the owner.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa hereby approve the acquisition of access
rights over the following legally described real estate:
A portion of the Easterly line of Lots 59 and 61 in Tschirgi and Schwinds
Subdivision, City of Dubuque, Iowa, more particularly described as follows:
Beginning at the Northeasterly corner of Lot 61 in Tschirgi and Schwinds
Subdivision in the City of Dubuque Iowa; thence South 21 Degrees 39 Minutes
40 Seconds East along the Westerly Right of Way line of North Grandview
Avenue a distance of 112.00 feet to the Point of Termination.
Section 2. That the City of Dubuque be and is hereby authorized to accept a
Warranty Deed for Access Rights from the owner, conveying the owner's interest to the
City of Dubuque, Iowa for the herein described real estate.
Section 3. That the City Attorney be and is hereby authorized and directed to cause
said Warranty Deed for Access Rights to be recorded in the office of the Dubuque
County Recorder, together with a certified copy of this Resolution.
Passed, approved and adopted this 8th day of September, 2015.
Attest:
Kevin $' irnstahl,Clty C1="rk
Roy D. Buol�/Mayor
CERTIFICATE of the CITY CLERK
STATE OF IOWA
SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in
my possession or have access to the records of the proceedings of the City Council. I
do further state that the hereto attached Resolution No. 295-15 is a true and correct
copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 9th day of September, 2015.
Kevin
. Firnstahl-, CMC, City Clerk