Southwest Arterial Property Acquisition - Parcel 125_Neztrop LLC Copyright 2014
City of Dubuque Consent Items # 23.
ITEM TITLE: Southwest Arterial Property Acquisition - Parcel 125
Neztrop, L.L.C.
SUMMARY: City Manager recommending acceptance of Deed from
NEZTROP, LLC for the Southwest Arterial Project.
RESOLUTION Accepting a Deed for the Southwest Arterial
Project from NEZTROP, LLC
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Southwest Arterial Property Acquisitions-MVM Memo City Manager Memo
Staff Memo Staff Memo
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
2
111111111111
11
Y
1111
11
11
11
11
11
Doc ID. 008454860006 Type: GEN
Kind: DEED WITH RESOLUTION
Recorded: 06/13/2016 at 03:59:41 PM
Fee Amt: $101.00 Page 1 of 6
Revenue Tax: $64.00
Dubuque County Iowa
John Murphy Recorder
F11e2016-00007234
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, Neztrop, L.L.C. 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 2 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 thisSRb of e , 2016 at Dubuque, Iowa.
NEZTROP, L.L.C.
By: 0 ii
:417)--,
Michael Portzen
Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31
Parcel 125 Neztrop
STATE OF IOWA
SS
COUNTY OF DUBUQUE
On this3Rh day of 'TV , 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 the1;27� of Neztrop,
L.L.C.; that said instrument was signed on behalf of Neztrop, L.L.C.; and that the
execution of said instrument is the voluntary act and deed of said Neztrop, L.L.C.
Notary Public, State of Iowa
RUSSELL N KIEFFER
Commission Number 778626
My Commission Expires
May 24, 2019
Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31
Parcel 125 Neztrop
PREPARE() 52: MICHAEL R. FAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-0531
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 R/W RAIL
2.6' NE OF PROP COR
N LINE NEI/4
SEC 6-88-2E
FD 1/2" DIA PIN/CAP
NO. 4016 P.O.B. ACQ.-
SI/4 COR SEC 3I -89-2E
FD BROKEN CONC MON WITH
5/8" DIA I.P. IN CTR
ACQUISITION
50' WIDE PIPE
LINE EASEMENT
20'PUBLIC UTILITY
EASEMENT
LOT D
NE COR SEC 6-88-2E
FD SCM
20' SAN. SEWER
EASEMENT
E LINE NEI/4
SEC 6-88-2E
S01°32'49"E
3421.46'
10'PUBLIC UTILITY
EASEMENT
DATE SIGNED: 2/20/2016
LOT C
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 Surveyor
un r t jv� h State of love.
114 f`2-20-2014
MICHAEL R. AGLE Cate
License nunber 8505
My license renewal date is December 31,2016
Pages or sheets covered by this seal:
SHEETS 1 AND 2 OF 2
AECOM
EI/4 COR SEC 6-88-2E
FD CONC MON BROKEN
OFF 6" DEEP
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
0 100 200 300 400
SCALE IN FEET REVISED: 2/20/2016
SHEET 1 OF 2
PREPARED 6Y: MICHAEL R. FAGLE, AECOM, 501 SYCAMORE STREET. SUITE 222. WATERL00. 1055, 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
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
5 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.
AECOM
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. 217-16
ACCEPTING A DEED FOR THE SOUTHWEST ARTERIAL PROJECT FROM
NEZTROP, L.L.C.
Whereas, the City of Dubuque entered into an agreement for the purchase of real
estate for the Southwest Arterial Project with Neztrop, L.L.C. for the property legally
described as follows:
; and
A PARCEL OF LAND SITUATED IN PART OF LOT 2 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 da • ►, e, 20
Attest:
Kevin(. Firnstahl, Citytlerk
Ric W. ones, Ma'0'r,aro-Tem
Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31
Parcel 125 Neztrop, L.L.C.
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. 217-16 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.
Kevi - S. Firnstah , CMC, City Clerk
V
II II H 111 I Ipl IlI I 11111111 N
Doc ID' 008454870004 Type. GWH
Kind: GROUNDWATER HAZARD
Recorded: 06/13/2016 at 03:59:53 PM
Fee Amt: $0.00 Page 1 of 4
Dubuque County Iowa
John ��MM}urph11y ��RR''``ecorder QQ i
File2016-0000095 1
REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT
TO BE COMPLETED BY TRANSFEROR
TRANSFEROR:
Name NEZTROP, L.L.C.
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:
6501 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 2 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)
20ILe --123 1
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:
acct._(Transf roforA ent)
Telephone No.: 5 " S Y3 gS
FILE WITH RECORDER DNR form 542-0960 (July 18, 2012)
PREPARED BY: 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 N LINE NEI/4
SEC 6-88-2E
FD 3/4" DIA I.P. W/
OBLITERATED CAP
N87°18'I8"E 1919.77'
FD R/W RAIL
2.8' NE OF PROP COR
NE COR SEC 6-88-2E
FD SCM
FD I/2" DIA PIN/CAP
NO. 4016 P.O.B. ACQ.
SI/4 COR SEC 31-89-2E
FD BROKEN CONC MON WITH
5/8" DIA I.P. IN CTR
ACQUISITION
50' WIDE PIPE
LINE EASEMENT
20'PUBLIC UTILITY
EASEMENT
20' SAN. SEWER
EASEMENT
"`— E LINE NEI/4
SEC 6-88-2E
SOI °32'49"E
3421.46'
10' PUBLIC UTILITY
EASEMENT
DATE SIGNED: 2/20/2016
LOT C
1 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
un rt h State of Iowa.
2.26-Z0 leo
MICHAEL R. AGLE Date
License nunber 8505
My license renewal date is December 31,2016
Pages or sheets covered by this seal:
SHEETS I AND 2 OF 2
AECOM
EI/4 COR SEC 6-88-2E
FD CONC MON BROKEN
OFF 6" DEEP
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
0 100 200 300 400
SCALE IN FEET REVISED: 2/20/2016
SHEET 1 OF 2
PREPARED BY, MICHAEL R. EAGLE, AECOM. 501 SYCAMORE STREET, SUITE 222, WATERLOO. 1005, 50703, 315-232-0531
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
5 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
5 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.
AECOM
REV I SED: 2/20/2016
SHEET 2 OF 2