Southwest Arterial Property Acquisition - Parcel 126_Portzen Building Firm LLC Copyright 2014
City of Dubuque Consent Items # 22.
ITEM TITLE: Southwest Arterial Property Acquisition - Parcel 126
Portzen Building Firm L.L.C.
SUMMARY: City Manager recommending acceptance of Grants of
Easement and Deed from Portzen Building Firm, LLC for
the Southwest Arterial Project.
RESOLUTION Accepting a Grant of Permanent and
Temporary Easements for the Southwest Arterial Project
from Portzen Building Firm, LLC
RESOLUTION Accepting a Deed from the Southwest
Arterial Project from Portzen Building Firm, LLC
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Southwest Arterial Property Acquisition-MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Accepting Grant of Easements Resolutions
Grant of Easements Supporting Documentation
Resolution Accepting Warranty Deed 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: Southwest Arterial Property Acquisitions — June 6, 2016 City Council
Agenda
DATE: June 1, 2016
The City entered into Purchase Agreements with numerous property owners for the
purchase of property for the Southwest Arterial Project.
City Attorney Barry Lindahl recommends City Council approval of resolutions accepting
Grants of Easements and/or Deeds to the following properties:
1. Parcel 101/Dubuque Metropolitan Area Solid Waste Agency
2. Parcel 125/Neztrop, L.L.C.
3. Parcel 126/Portzen Building Firm L.L.C.
4. Parcel 1278/English Ridge, L.L.C.
5. Parcel 129S/John C. Haupert & Carolyn S. Haupert
6. Parcel 150B/Ronald L. Valentine & Marlene Valentine
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
HE CITY OF
DUB
E MEMORANDUM
Masterpiece on the Mississippi
BARRY LINDAHL
CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DATE: May 31, 2016
RE: Southwest Arterial Property Acquisitions — June 6, 2016 City Council
Agenda
The City entered into Purchase Agreements with numerous property owners for the
purchase of property for the Southwest Arterial Project.
Attached are the following resolutions accepting Grants of Easements and Deeds to
these properties:
1. Parcel 101/Dubuque Metropolitan Area Solid Waste Agency:
• Resolution Accepting Grant of Permanent Utility Easement
• Resolution Accepting Warranty Deed
2. Parcel 125/Neztrop, L.L.C.
• Resolution Accepting Warranty Deed
3. Parcel 126/Portzen Building Firm L.L.C.
• Resolution Accepting Grant of Permanent and Temporary Easements
• Resolution Accepting Warranty Deed
4. Parcel 1278/English Ridge, L.L.C.
• Resolution Accepting Grant of Temporary Easement
• Resolution Accepting Warranty Deed
5. Parcel 129S/John C. Haupert & Carolyn S. Haupert
• Resolution Accepting Warranty Deed
6. Parcel 150B/Ronald L. Valentine & Marlene Valentine
• Resolution Accepting Grant of Permanent and Temporary Easements
• Resolution Accepting Warranty Deed
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563)583-4113/FAX (563)583-1040/EMAIL balesq@cityofdubuque.org
I recommend that the resolutions be submitted to the City Council for consideration.
BAL:tls
Attachment
cc: Gus Psihoyos, City Engineer
Bob Schiesl, Assistant City Engineer
F:\USERS\isteckle\Lindahl\Southwest Arterial Condemnations\MVM_PropertyAcquisitions_051616Agenda_051216.doc
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Doc ID. 008454900008 Type: GEN
Kind: EASEMENT
Recorded: 06/13/2016 at 04:01:21 PM
Fee Amt: $42.00 Page 1 of 8
Dubuque County Iowa
John Murphy Recorder
N
Fi1e2016-00007236
Prepared by: Barry A. Lindahl 300 Main Street Suite 330 Dubuque Iowa 52001 (563.583.4113)
Return to: Barry A. Lindahl 300 Main Street Suite 330 Dubuque Iowa 52001 (563.5814113)
GRANT OF PERMANENT AND TEMPORARY EASEMENTS
For and in consideration of the sum of TEN ($10.00) and other good and valuable
consideration, the receipt whereof is hereby acknowledged, Portzen Building Firm
L.L.C. of Dubuque County, State of Iowa, for itself, its successors and assigns, does
hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA (City), a municipal
corporation, its agents and contractors, from the date hereof, a permanent easement
and a temporary easement through, under and across the following described real
estate situated in Dubuque, Iowa, to wit:
A PARCEL OF LAND SITUATED IN PART OF LOT 3 OF STONE
BROOK CENTER SECOND ADDITION IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA,
as shown on the Easement exhibits attached hereto.
Said easements shall be for the purpose of grading (the Work) for the Southwest
Arterial Project, and other appurtenances in accordance with the Plans and
Specifications currently on file in the office of the City Engineer. Said easements shall
also include the right to cut, trim or remove trees, bushes and roots as may be required
incident to rights given herein.
Said Temporary Easement shall be null and void upon completion and acceptance of
the Work by the City Council.
It is understood and agreed that City shall restore the disturbed area due to the
construction.
To have and to hold unto said for the duration of the Project, and the undersigned does
hereby expressly covenant that Portzen Building Firm L.L.C. is the owner in fee of said
real estate and has good right to execute this agreement, and that City, its agents or
contractors, shall at all times during construction have free access to and egress from
and over said real estate for the purpose of this easement.
Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31
Parcel 126 Portzen Building Firm L.L.C.
Dated at Dubuque, Iowa this JRi) day of Z.() N , 2016.
PORTZEN BUILDING FIRM L.L.C.
By: )G��l �.-1-
Michael Portzen
#V - P09,s rive -Y4
Its
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this day of TWO , 2016 before me, the undersigned, a Notary
Public in and for said County, in said State, personally appeared Michael Portzen, 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 he/she executed
the same as his/her voluntary act and deed on behalf of Portzen Building Firm L.L.C.
0
•
"'
c
1a�G
/OWP
RUSSELL N KIEFFER
Commission Number 778626
My Commission Expires
May 24, 2019
4,4
Notary Public In and For Said State
Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31
Parcel 126 Portzen Building Firm L.L.C.
PREPARED BY: MICHAEL R. EAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531
PERMANENT EASEMENT
SOUTHWEST ARTERIAL
CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
OWNER: PORTZEN BUILDING FIRM L.L.C.
COUNTY PARCEL NO.1506226004
PROJECT PARCEL NO. 126
FD 3/4" DIA I.P. W/
OBLITERATED CAP
N870
18'18"E 1919.77
----------------------
FD R/W RAIL
2.8' NE OF PROP COR
N LINE NEI/4
SEC 6-88-2E
----------------------
NE COR SEC 6-88-2E
FD SCM
FD 1/2" DIA PIN/CAP
NO. 4016
SI/4 COR SEC 3I -89-2E
FD BROKEN CONC MON WITH
5/8" DIA I.P. IN CTR
50' WIDE PIPE
LINE EASEMENT
20' PUBLIC UTILITY
EASEMENT
10'PUBLIC UTILITY
EASEMENT
20' SAN. SEWER
EASEMENT
E LINE NEI/4
SEC 6-88-2E
SOI°32'49"E
3421.46'
ACQUISITION
20' STORM
SEWER EASEMENT
LOT C
DATE SIGNED: 22V2016
I hereby certify that this Land Surveying
document was prepared by me or under
my direct personal supervision and
that 1 an, a duly Licensed Land Surveyor
un th I s of e State of Iowa. p
22 12o iL
MICHAEL R. FAGLE Date
License nunber 8505
My license renewal date is December 31.2016
Pages or sheets covered by this seal:
S E'(q 1 AM0 2 OF 2
AECOM
EI/4 COR SEC 6-88-2E
FD CONC MON BROKEN��'
OFF 6" DEEP
P.O.B. PE
NOTE:
SEE SHEET 2 OF 2 FOR
BEARING /DISTANCE TABLES
LEGEND
447.75' M = MEASURED
447.40' R = RECORD
0 100 200
300 400
SCALE IN FEET
REVISED 221/2016
SHEET 1 OF 2
PREPARED BY: MICHAEL R. EAGLE, AECOM. 50I SYCAMORE STREET, SUITE 222. WATERLOO. IOWA, 50703, 319-232-6531
PERMANENT EASEMENT
SOUTHWEST ARTERIAL
CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
OWNER: PORTZEN BUILDING FIRM L.L.C.
COUNTY PARCEL NO. 1506226004
PROJECT PARCEL NO.126
BEARING / DISTANCE PERMANENT EASEMENT
1 TO 2
S 88 ° 27 ' 13 " W
30.01
2 TO 3
S 88 ° 27 ' 13 " W
7.13
3 TO 4
R = 265.00' L=84.32
LC=N 82°17'42"W 83.97
4 TO 5
N 33 ° 08 ' 35 " E
122.99
5 TO 6
N 88°27'11 " E
20.00
6 TO 2
5 01 ° 32 ' 49 " E
114.63
DESCRIPTION: PERMANENT EASEMENT
PROJECT PARCEL NO. 126
COUNTY PARCEL NO. 1506226004
A PARCEL OF LAND SITUATED IN PART OF LOT 3 OF STONE BROOK CENTER SECOND
ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 3; THENCE SOUTH 88° (DEGREES)
27' (MINUTES) 13" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS
DESCRIPTION) ON THE SOUTHWESTERLY LINE OF SAID LOT 3 ALSO BEING THE PRESENT
NORTHEASTERLY RIGHT-OF-WAY LINE OF STONE VALLEY DRIVE, 30.01 FEET TO THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING SOUTH
88°27'13" WEST ON THE SOUTHWESTERLY LINE OF SAID LOT 3 ALSO BEING THE PRESENT
NORTHEASTERLY RIGHT-OF-WAY LINE OF STONE VALLEY DRIVE, 7.13 FEET; THENCE
NORTHWESTERLY ON THE SOUTHWESTERLY LINE OF SAID LOT 3 ALSO BEING THE PRESENT
NORTHEASTERLY RIGHT-OF-WAY LINE OF STONE VALLEY DRIVE BEING A 265.00 -FOOT RADIUS
CURVE CONCAVE NORTHEASTERLY AND HAVING A 83.97 -FOOT LONG CHORD BEARING NORTH
82°17'42" WEST, 84.32 FEET (ARC LENGTH); THENCE NORTH 33°08'35" EAST, 122.99 FEET;
THENCE NORTH 88°27'11" EAST, 20.00 FEET TO THE EAST LINE OF SAID LOT 3; THENCE SOUTH
01°32'49" EAST, 114.63 FEET TO THE POINT OF BEGINNING.
CONTAINING 6,405 SQUARE FEET OR 0.15 ACRE.
COM
REVISED 2212016
SHEET 2 OF 2
PREPARED BY: MICHAEL R. EAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, 1066, 50703, 319-232-6531
TEMPORARY EASEMENT
SOUTHWEST ARTERIAL
CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
OWNER: PORTZEN BUILDING FIRM L.L.C.
COUNTY PARCEL NO. 1506226004
PROJECT PARCEL NO. 126
FD 3/4" DIA I.P. W/
OBLITERATED CAP
N87°18'18"E 1919.77'
FD R/W RAIL
2.8' NE OF PROP COR
N LINE NEI/4
SEC 6-88-2E
NE COR SEC 6-88-2E
FD SCM
-----------------
FD 1/2" DIA PIN/CAP
NO. 4016
SI/4 COR SEC 31-89-2E
FD BROKEN CONC MON WITH
5/8" DIA I.P,IN CTR
50' WIDE PIPE
LINE EASEMENT
20'PUBLIC UTILITY
EASEMENT
20' SAN, SEWER
EASEMENT
E LINE NEI/4
SEC 6-88-2E
P.O.B. TE
10'PUBLIC UTILITY
EASEMENT
LOT C
I hereby certify that this Land Surveying
document vas prepared by me or under
my direct personal supervision and
that I am a duly Licensed Land Surveyor
and th laws f e State of Iowa.
j /2hD1i•a
MICHAEL 6. FAGLE Date
License number 8505
My license renewal date Is Decertber 31,2016
Pages or sheets covered by this seal:
SHEETS 1 AND 2 OF 2
A COM
EI/4 COR SEC 6-88-2E
FD CONC MON BROKEN �J
OFF 6" DEEP
S01°32'49"E
3421.46'
ACQUISITION
20' STORM
SEWER EASEMENT
NOTE:
SEE SHEET 2 OF 2 FOR
BEARING /DISTANCE TABLES
LEGEND
447.75' M = MEASURED
447.40' R = RECORD
0 100 200 300
400
SCALE IN FEET
SHEET 1 OF 2
PREPARED BY; MICHAEL. R. EAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531
TEMPORARY EASEMENT
SOUTHWEST ARTERIAL
CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
OWNER: PORTZEN BUILDING FIRM L.L.C.
COUNT( PARCEL NO. 1506226004
PROJECT PARCEL NO.126
BEARI NG / DISTANCE TEMPORARY EASEMENT
1 TO 2
N 70 °
01
37
"
W
32.27
2
TO
3
S 01 °
32
49
"
E
297.15
3
TO
4
5 88 °
27
11
"
W
20.00
4
TO
5
N 01 °
32
49
"
W
305.03
5
TO
2
S 70 °
01
37
"
E
21.50
DESCRIPTION: TEMPORARY EASEMENT
PROJECT PARCEL NO, 126
COUNTY PARCEL NO. 1506226004
A PARCEL OF LAND SITUATED IN PART OF LOT 3 OF STONE BROOK CENTER SECOND
ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 3; THENCE NORTH 70° (DEGREES)
01(MINUTES) 37" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS
DESCRIPTION) ON THE NORTHEASTERLY LINE OF SAID LOT 3, A DISTANCE OF 32.27 FEET TO
THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE SOUTH
01°32'49" EAST, 297.15 FEET; THENCE SOUTH 88°27'11" WEST, 20.00 FEET; THENCE NORTH
01°3249" WEST, 305.03 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 3; THENCE SOUTH
70°0137" EAST ON THE NORTHEASTERLY LINE OF SAID LOT 3, A DISTANCE OF 21,50 FEET TO
THE POINT OF BEGINNING.
CONTAINING 6,022 SQUARE FEET OR 0.14 ACRE.
AECOM
SHEET 2 OF 2
Prepared by: Barry A. Lindahl, Esq. 300 Main St. Ste 330, Dubuque, IA 52001 (563) 583-4113
Return to: Kevin S. Firnstahl, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563)589-4270
RESOLUTION NO. 215-16
ACCEPTING A GRANT OF PERMANENT AND TEMPORARY EASEMENTS FOR THE
SOUTHWEST ARTERIAL PROJECT FROM PORTZEN BUILDING FIRM L.L.C.
Whereas, the City of Dubuque entered into an agreement for the purchase of
easements for the Southwest Arterial Project with Portzen Building Firm L.L.C. for the
property legally described as:
A PARCEL OF LAND SITUATED IN PART OF LOT 3 OF STONE BROOK
CENTER SECOND ADDITION IN THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA, as shown on the Easement exhibits attached hereto
; and
Whereas, the terms of the agreement have been satisfied.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA AS FOLLOWS:
1. The Grant of Permanent and Temporary Easements attached hereto is
hereby accepted.
2. The City Clerk is authorized and directed to record this resolution and the
Grant of Permanent and Temporary Easements with the Dubuque County Recorder.
Passed, approved and adopted this 6th d of June, 2016.
Rices . Jones,, yor Pro -Tem
Attest:
Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31
Parcel 126 Portzen Building Firm L.L.C.
STATE OF IOWA
CERTIFICATE of the CITY CLERK
) 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. 215-16 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 7th day of June, 2016.
Kevin SYFirnstahl, C C,y Clerk
m
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Doc ID 008457160004 Type: GEN
Kind: CORRECTION DEED
Recorded: 06/15/2016 at 04:03:15 PM
Fee Amt: $27.00 Page 1 of 4
Revenue Tax: $0.00
Dubuque County Iowa
John Murphy Recorder
Fiie2016-00007427
Prepared by: Barry A. Lindahl 300 Main Street, Suite 330, Dubuque IA 52001 563 583-4113
Return to: Barry A. Lindahl 300 Main Street, Suite 330, Dubuque IA 52001 563 583-4113
Tax Statement to:
City of Dubuque, Iowa
50 W. 13th Street
Dubuque, IA 52001
CORRECTION
WARRANTY DEED
Correcting Warranty Deed recorded as Instrument No. 2016-00007235 on June 13,
2016 by attaching the correct Acquisition Plat to the Warranty Deed.
For the consideration of Ten Dollars ($10.00) and other good and valuable
consideration, Portzen Building Firm, LLC does hereby convey to the City of Dubuque,
Iowa, that part of the following described real estate in Dubuque County, Iowa:
A PARCEL OF LAND SITUATED IN PART OF LOT 3 OF STONE BROOK
CENTER SECOND ADDITION IN THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA as shown on the Acquisition Plat attached hereto.
The Grantor hereby covenants with grantees, and successors in interest, that it holds the
real estate by title in fee simple; that it has good and lawful authority to sell and convey
the real estate; that the real estate is free and clear of all Hens and encumbrances, except
as may be above stated; and it covenants to warrant and defend the real estate against
the lawful claims of all persons, except as may be above stated.
Dated this 15 of II&t4IG' , 2016 at Dubuque, Iowa.
PORTZEN BUILDING FIRM, LLC
By:
Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31
Parcel 126 Portzen Building Firm, LLC
Michael Portzen
CAAlautc
STATE OF IOWA
SS
COUNTY OF DUBUQUE
On this 1S day of , 2016, before me a Notary Public in and
for said County and said State, personally appeared Michael Portzen, to me personally
known, who, being by me duly sworn, did say that he is the WO of Portzen
Building Firm, LLC; that said instrument was signed on behalf of Portzen Building Firm,
LLC; and that the execution of said instrument is the voluntary act and deed of said
Portzen Building Firm, LLC.
L.
Notary Publi.4.tate of Iowa
Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31
Parcel 126 Portzen Building Firm, LLC
rEcKLE i P,;
,urnilmyr7166i.
TRACEY L. STECKLEIN
Commission Numaer 71$&t$
My Comm. Exp. • `
PREPARED BY: MICHAEL Fl, FAGLE, AECOM, 581 SYCAMORE STREET, SUITE 222, WA I-EAU:10,105A, 50703, 319-232-6531
ACQUISITION PLAT
SOUTHWEST ARTERIAL
CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
OWNER: PORTZEN BUILDING FIRM L.L.C.
COUNTY PARCEL NO. 1506226004
PROJECT PARCEL NO. 126
N LINE NEI/4
FD 3/4" DIA I.P. W/ SEC 6-88-2E
FD R/W RAIL
2.8' NE OF PROP COR
OBLITERATED CAP
N87°1818"E 1919.77
------------------------
------------- ------ -----------
-----
NE COR SEC 6-88-2E
FD SCM
FD 1/2" DIA PIN/CAP
NO. 4016
SI/4 COR SEC 31-89-2E
FD BROKEN CONC MON WITH
5/8" DIA I.P. IN CTR
50' WIDE PIPE
LINE EASEMENT
20' PUBLIC UTILITY
EASEMENT
10' PUBLIC UTILITY
EASEMENT
20' SAN. SEWER
EASEMENT
E LINE NEI/4
SEC 6-88-2E
SO I °32'49"E
3421.46'
ACQUISITION
P.O.B. ACQ.
LOT C
AECOM
EI/4 COR SEC 6-88-2E
FD CONC MON BROKEN
OFF 6" DEEP
NOTE:
SEE SHEET 2 OF 2 FOR
BEARING / DISTANCE TABLES
LEGEND
447.75' M = MEASURED
447.40' R = RECORD
0 100 200 300 400
SCALE IN FEET
SHEET 1 OF 2
I hereby certify that this Land Surveying
document was prepared by me or under
my direct personal supervision and
4,
se,
that 1 am a duly Licensed Land Surveyor
under the a o State of Iowa.
/2 '0 l*Z12fc.
_
5505 I
MICHAEL 0 ASLE Date
i
4" Z-.
License nuniser 8505
My license renewal date is December 31,2016
Pages or sheets covered by this seal:
SEEM 1 AND 2 OF 2
AECOM
EI/4 COR SEC 6-88-2E
FD CONC MON BROKEN
OFF 6" DEEP
NOTE:
SEE SHEET 2 OF 2 FOR
BEARING / DISTANCE TABLES
LEGEND
447.75' M = MEASURED
447.40' R = RECORD
0 100 200 300 400
SCALE IN FEET
SHEET 1 OF 2
PREPARED BY: MICHAEL R. EAGLE, AECOM, 50] SYCAMORE. STREET, SUITE 22.2, WATERLOO, 1055, 50703, 319-232-6531
ACQUISITION PLAT
SOUTHWEST ARTERIAL
CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
OWNER: PORTZEN BUILDING FIRM L.L.C.
COUNTY PARCEL NO. 1506226004
PROJECT PARCEL NO. 126
BEARI NG / DISTANCE ACQUISITION
1
TO
2
S 88
°
26 ' 58
"
W
30.01 '
2
TO
3
N
01
°32'49"
W
411.78'
3
TO
4
5
70
°
01'45
"
E
32.27'
4
TO
1
S 01
°
32 ' 43
"
E
399.94 '
DESCRIPTION: FEE SIMPLE ACQUISITION
PROJECT PARCEL NO. 126
COUNTY PARCEL NO. 1506226004
A PARCEL OF LAND SITUATED IN PART OF LOT 3 OF STONE BROOK CENTER SECOND
ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 3; THENCE SOUTH 88° (DEGREES) 27'
(MINUTES) 13" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS
DESCRIPTION) ON THE SOUTHWESTERLY LINE OF SAID LOT 3 ALSO BEING THE PRESENT
NORTHEASTERLY RIGHT-OF-WAY LINE OF STONE VALLEY DRIVE, 30.01 FEET; THENCE NORTH
01°32'49" WEST, 411.78 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 3; THENCE SOUTH
70°01'45" EAST ON THE NORTHEASTERLY LINE OF SAID LOT 3, A DISTANCE OF 32.27 FEET TO
THE NORTHEASTERLY CORNER OF SAID LOT 3; THENCE SOUTH 01°32'43" EAST ON THE EAST
LINE OF SAID LOT 3, A DISTANCE OF 399.94 FEET TO THE POINT OF BEGINNING.
HEREINAFTER TO BE KNOWN AS LOT A OF LOT 3 OF STONE BROOK CENTER SECOND
ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA.
CONTAINING 12,182 SQUARE FEET OR 0.28 ACRE.
AECOM
SHEET 2 OF 2
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Doc ID 008454880006 Type GEN
Kind: DEED WITH RESOLUTION
Recorded: 06/13/2016 at 04:00:51 PM
Fee Amt: $91.40 Page 1 of 6
Revenue Tax: $54.40
Dubuque County Iowa
John Murphy Recorder
Fiie2016-00007235
Prepared by: Barry A. Lindahl 300 Main Street, Suite 330, Dubuque IA 52001 563 583-4113
Return to: Barry A. Lindahl 300 Main Street, Suite 330, Dubuque IA 52001 563 583-4113
Tax Statement to:
City of Dubuque, Iowa
50 W. 13th Street
Dubuque, IA 52001
WARRANTY DEED
For the consideration of Ten Dollars ($10.00) and other good and valuable
consideration, Portzen Building Firm, LLC does hereby convey to the City of Dubuque,
Iowa, that part of the following described real estate in Dubuque County, Iowa:
A PARCEL OF LAND SITUATED IN PART OF LOT 3 OF STONE BROOK
CENTER SECOND ADDITION IN THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA as shown on the Acquisition Plat attached hereto.
The Grantor hereby covenants with grantees, and successors in interest, that it holds the
real estate by title in fee simple; that it has 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 it covenants to warrant and defend the real estate against
the lawful claims of all persons, except as may be above stated.
Dated this gRbof TvL; , 2016 at Dubuque, Iowa.
PORTZEN BUILDING FIRM, LLC
By: 11
Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31
Parcel 126 Portzen Building Firm, LLC
Michael Portzen
3
STATE OF IOWA
SS
COUNTY OF DUBUQUE
On this 2Dday of Li , 2016, before me a Notary Public in and
for said County and said State, personally appeared Michael Portzen, to me personally
known, who, being by me duly sworn, did say that he is the 57/7,4474.`_ y of Portzen
Building Firm, LLC; that said instrument was signed on behalf oftzen Building Firm,
LLC; and that the execution of said instrument is the voluntary act and deed of said
Portzen Building Firm, LLC.
'71
Notary Public, State of Iowa
09.1 is RUSSELL N KIEFFER
o t Commission Number 778626
My Commission Expires
/ow' May 24, 2019
Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31
Parcel 126 Portzen Building Firm, LLC
PREPARED 6Y: MICHAEL R. EAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531
ACQUISITION PLAT
SOUTHWEST ARTERIAL
CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
OWNER: NEZTROP, L.L.C.
COUNTY PARCEL NO. 1506226002
PROJECT PARCEL NO. 125
FD 3/4" DIA I.P. W/
OBLITERATED CAP
N87°18'18"E 1919.77'
FD 1/2" DIA PIN/CAP
NO. 4016
SI/4 COR SEC 31-89-2E
FD BROKEN CONC MON WITH
5/8" DIA LP. IN CTR
FD R/W RAIL
2.8' NE OF PROP COR
N LINE NEI/4
SEC 6-88-2E
NE COR SEC 6-88-2E
FD SCM
P.O.B. ACQ.
ACQUISITION
50' WIDE PIPE
LINE EASEMENT
20'PUBLIC UTILITY
EASEMENT
10' PUBLIC UTILITY
EASEMENT
DATE SIGNED: 2/20/2016
LOT C
1 hereby certify that this Land Surveying
document was prepared by me or under
my direct personal supervision and
that 1 am a duly Licensed Land Surveyor
unState of Iowa.
lllpJJJJJ}i� 2-20
'2014
MICHAELtLW. Date
License nuaber 8505
My license renewal date 1s December 31,2016
Pages or sheets covered by this seal:
S ETS 1 AMO 2
AECOM
EI/4 COR SEC 6-88-2E
FD CONC MON BROKEN
OFF 6" DEEP
0
20' SAN. SEWER
EASEMENT
E LINE NEI/4
SEC 6-88-2E
S01 °32'49"E
3421.46'
20' SAN. SEWER
EASEMENT
20' STORM
SEWER EASEMENT
NOTE:
SEE SHEET 2 OF 2 FOR
BEARING /DISTANCE TABLES
LEGEND
447.75' M = MEASURED
447.40' R = RECORD
100
200
300 400
SCALE IN FEET REVISED: 2/20/2016
SHEET 1 OF 2
PREPARED CY: MICHAEL R. EAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222. WATERLOO. IOWA, 507213, 319-232-5531
ACQUISITION PLAT
SOUTHWEST ARTERIAL
CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
OWNER: NEZTROP, L.L.C.
COUNTY PARCEL NO. 1506226002
PROJECT PARCEL NO.125
BEARING / DISTANCE ACQUISITION
1 TO 2
S 63 ° 47 57
"
E
51.63
51.32' RECORD
2 TO 3
S 39°57'35
"
E
44.15
3 TO 4
S 59°01'11
"
E
6.91
4 TO 5
S 45 ° 34 19
"
W
279.66
5 TO 1
N 24°57'14
"
E
282.31
DESCRIPTION: FEE SIMPLE ACQUISITION
PROJECT PARCEL NO. 125
COUNTY PARCEL NO. 1506226002
A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF STONE BROOK CENTER SECOND
ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHERLY MOST CORNER OF SAID LOT 2, WHICH IS ON THE PRESENT
SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20; THENCE SOUTH 63° (DEGREES)
47' (MINUTES) 57" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS
DESCRIPTION) ON THE NORTHEASTERLY LINE OF SAID LOT 2, A DISTANCE OF 51.63 FEET
(51.32 FEET RECORD); THENCE SOUTH 39°57'35" EAST ON THE NORTHEASTERLY LINE OF SAID
LOT 2, A DISTANCE OF 44.15 FEET; THENCE SOUTH 59°01'11" EAST ON THE NORTHEASTERLY
LINE OF SAID LOT 2, A DISTANCE OF 6.91 FEET; THENCE SOUTH 45°34'19" WEST, 279.66 FEET
TO THE NORTHWESTERLY LINE OF SAID LOT 2 ALSO BEING THE PRESENT SOUTHEASTERLY
RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20; THENCE NORTH 24°57'14" EAST ON THE
NORTHWESTERLY LINE OF SAID LOT 2 ALSO BEING THE PRESENT SOUTHEASTERLY RIGHT-
OF-WAY LINE OF U.S. HIGHWAY 20, A DISTANCE OF 282.31 FEET TO THE POINT OF BEGINNING.
HEREINAFTER TO BE KNOWN AS LOT A OF LOT 2 OF STONE BROOK CENTER SECOND
ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA.
CONTAINING 14,326 SQUARE FEET OR 0.33 ACRE.
A COM
REV I SED: 2/20/2016
SHEET 2 OF 2
Prepared by: Barry A. Lindahl, Esq. 300 Main St. Ste 330, Dubuque, IA 52001 (563) 583-4113
Return to: Kevin S. Firnstahl, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563)589-4270
RESOLUTION NO. 216-16
ACCEPTING A DEED FOR THE SOUTHWEST ARTERIAL PROJECT FROM
PORTZEN BUILDING FIRM, LLC
Whereas, the City of Dubuque entered into an agreement for the purchase of real
estate for the Southwest Arterial Project with Portzen Building Firm, LLC for the property
legally described as follows:
; and
A PARCEL OF LAND SITUATED IN PART OF LOT 3 OF STONE BROOK
CENTER SECOND ADDITION IN THE CITY OF DUBUQUE, DUBUQUE
COUNTY, IOWA as shown on the Acquisition Plat attached hereto
Whereas, the terms of the agreement have been satisfied.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA AS FOLLOWS:
1. The deed attached hereto is hereby accepted.
2. The City Clerk is authorized and directed to record this resolution and the
deed with the Dubuque County Recorder.
Passed, approved and adopted this 6th day o ..une, J 16.
Ric W. ones, • Pro -Tem
Attest:
Kevin SC 'irnstahl, City Clerk
Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31
Parcel 126 Portzen Bldg Firm LLC
STATE OF IOWA
CERTIFICATE of tie CITY CLERK
) 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. 216-16 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 7th day of June, 2016.
Firnstahl, C, City Clerk
11
V
11
II
u
11
11
11
11
11
Doc ID 008454890004 Type GWH
Kind: GROUNDWATER HAZARD
Recorded: 06/13/2016 at 04:01:05 PM
Fee Amt: $0.00 Page 1 of 4
Dubuque County Iowa
John Murphy Recorder
F11e2016-00000952
REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT
TO BE COMPLETED BY TRANSFEROR
TRANSFEROR:
Name Portzen Building Firm, LLC
Address 205 Stone Valley Drive Dubuque Iowa 52003
Number and Street or RR City, Town or P.O. State Zip
TRANSFEREE:
Name City of Dubuque, Iowa
Address 50 West 13th Street Dubuque Iowa 52001
Number and Street or RR City, Town or P.O. State Zip
Address of Property Transferred:
6600 Boulder Brook Ct Dubuque Iowa 52003
Number and Street or RR City, Town or P.O. State Zip
Legal Description of Property: (Attach if necessary) A PARCEL OF LAND SITUATED IN PART OF
LOT 3 OF STONE BROOK CENTER SECOND ADDITION IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA, as shown on the acquisition plat attached hereto.
1. Wells (check one)
X There are no known wells situated on this property.
There is a well or wells situated on this property. The type(s), location(s) and legal status are
stated below or set forth on an attached separate sheet, as necessary.
2. Solid Waste Disposal (check one)
X There is no known solid waste disposal site on this property.
_ There is a solid waste disposal site on this property and information related thereto is provided
in Attachment #1, attached to this document.
3. Hazardous Wastes (check one)
X There is no known hazardous waste on this property.
There is hazardous waste on this property and information related thereto is provided in
Attachment #1, attached to this document.
4. Underground Storage Tanks (check one)
X There are no known underground storage tanks on this property. (Note exclusions such as
small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in
instructions.)
_ There is an underground storage tank on this property. The type(s), size(s) and any known
substance(s) contained are listed below or on an attached separate sheet, as necessary.
FILE WITH RECORDER DNR form 542-0960 (July 18, 2012)
'Lo I LR r,35
5. Private Burial Site (check one)
X There are no known private burial sites on this property.
_ There is a private burial site on this property. The location(s) of the site(s) and known
identifying information of the decedent(s) is stated below or on an attached separate sheet, as
necessary.
6. Private Sewage Disposal System (check one)
_ All buildings on this property are served by a public or semi-public sewage disposal system.
X This transaction does not involve the transfer of any building which has or is required by law to
have a sewage disposal system.
There is a building served by private sewage disposal system on this property or a building
without any lawful sewage disposal system. A certified inspector's report is attached which
documents the condition of the private sewage disposal system and whether any modifications
are required to conform to standards adopted by the Department of Natural Resources. A
certified inspection report must be accompanied by this form when recording.
— There is a building served by private sewage disposal system on this property. Weather or
other temporary physical conditions prevent the certified inspection of the private sewage
disposal system from being conducted. The buyer has executed a binding acknowledgment
with the county board of health to conduct a certified inspection of the private sewage disposal
system at the earliest practicable time and to be responsible for any required modifications to
the private sewage disposal system as identified by the certified inspection. A copy of the
binding acknowledgment is attached to this form.
There is a building served by private sewage disposal system on this property. The buyer has
executed a binding acknowledgment with the county board of health to install a new private
sewage disposal system on this property within an agreed upon time period. A copy of the
binding acknowledgment is provided with this form.
® There is a building served by private sewage disposal system on this property. The building to
which the sewage disposal system is connected will be demolished without being occupied. The
buyer has executed a binding acknowledgment with the county board of health to demolish the
building within an agreed upon time period. A copy of the binding acknowledgment is provided
with this form. [Exemption #9]
_ This property is exempt from the private sewage disposal inspection requirements pursuant to
the following exemption [Note: for exemption #9 use prior check box]:
The private sewage disposal system has been installed within the past two years pursuant to
permit number
Information required by statements checked above should be provided here or on separate
sheets attached hereto:
I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM
AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT.
Signature:
( rans eror or Agent)
FILE WITH RECORDER
Telephone No.: G 3 if/ .4 5
DNR form 542-0960 (July 18, 2012)
F'REPARED 52: MICHAEL. R. EAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222. WATERLOCL10145, 50702, 319-232-0531
ACQUISITION PLAT
SOUTHWEST ARTERIAL
CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
OWNER: PORTZEN BUILDING FIRM L.L.C.
COUNTY PARCEL NO. 1506226004
PROJECT PARCEL NO. 126
FD 3/4" DIA I.P. W/
OBLITERATED CAP
10 t 1919.77=—\
FD 1/2" DIA PIN/CAP
NO. 4016
SI/4 COR SEC 31-89-2E
FD BROKEN CONC MON WITH
5/8" DIA I.P. IN CTR
FD R/W RAIL
2.8' NE OF PROP COR
N LINE NEI/4
SEC 6-88-2E
NE COR SEC 6-88-2E
FD SCM
50' WIDE PIPE
LINE EASEMENT
20' PUBLIC UTILITY
EASEMENT
/ 20' SAN. SEWER
EASEMENT
10' PUBLIC UTILITY
EASEMENT
20' SAN. SEWER
EASEMENT
E LINE NEI/4
SEC 6-88-2E
501°32'49"E
3421.46'
ACQUISITION
P.O.B. ACO.
LOT C
i
54 .
i -'-.1
%,
. _____ ' v..,,
asos i i
...k.' 1
..'''S
I hereby certify that this Land Surveying
document vas prepared by me or under
my direct personal supervision and
that I am a duly Licensed Land Surveyor
under the a Al State of lova.
MICHAEL R. EAGLE Oats
License number 8505
My license reneval date is December 31,2016
4y
Pages or sheets covered by this seal:
SHEETS 1 050 2 OF 2
A -1 -"COM
EI/4 COR SEC 6-88-2E
FD CONC MON BROKEN
OFF 6" DEEP
NOTE:
SEE SHEET 2 OF 2 FOR
BEARING /DISTANCE TABLES
LEGEND
447.75' M MEASURED
447.40' R = RECORD
0 100 200 300
400
SCALE IN FEET
SHEET 1 OF 2
PREPARED BY: MICHAEL R. EAGLE, RECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, 1055, 50703, 3[9-232-6531.
ACQUISITION PLAT
SOUTHWEST ARTERIAL
CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
OWNER: PORTZEN BUILDING FIRM L.L.C.
COUNTY PARCEL NO, 1506226004
PROJECT PARCEL NO. 126
BEARI NG / DISTANCE ACQUISITION
1
TO
2
S 88
°
26 '
58
"
W
30.01 '
2
TO
3
N
01
°32'49"
W
411.78'
3
TO
4
5
70
°
01 '
45
"
E
32.27 '
4
TO
1
S 01
°
32 1
43
"
E
399.94 1
DESCRIPTION: FEE SIMPLE ACQUISITION
PROJECT PARCEL NO. 126
COUNTY PARCEL NO. 1506226004
A PARCEL OF LAND SITUATED IN PART OF LOT 3 OF STONE BROOK CENTER SECOND
ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 3; THENCE SOUTH 88° (DEGREES) 27'
(MINUTES) 13" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS
DESCRIPTION) ON THE SOUTHWESTERLY LINE OF SAID LOT 3 ALSO BEING THE PRESENT
NORTHEASTERLY RIGHT-OF-WAY LINE OF STONE VALLEY DRIVE, 30.01 FEET; THENCE NORTH
01°32'49" WEST, 411.78 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 3; THENCE SOUTH
70°01'45" EAST ON THE NORTHEASTERLY LINE OF SAID LOT 3, A DISTANCE OF 32.27 FEET TO
THE NORTHEASTERLY CORNER OF SAID LOT 3; THENCE SOUTH 01°32'43" EAST ON THE EAST
LINE OF SAID LOT 3, A DISTANCE OF 399.94 FEET TO THE POINT OF BEGINNING.
HEREINAFTER TO BE KNOWN AS LOT A OF LOT 3 OF STONE BROOK CENTER SECOND
ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA.
CONTAINING 12,182 SQUARE FEET OR 0.28 ACRE.
A COM
SHEET 2 OF 2