Southwest Arterial Property Acquisition - Parcel 101_DMASWA Copyright 2014
City of Dubuque Consent Items # 24.
ITEM TITLE: Southwest Arterial Property Acquisition - Parcel 101
Dubuque Metropolitan Area Solid Waste Agency
SUMMARY: City Manager recommending acceptance of a Grant of
Easement and Deed from the Dubuque Metropolitan Area
Solid Waste Agency for the Southwest Arterial Project.
RESOLUTION Accepting a Grant of Permanent Utility
Easement for the Southwest Arterial Project from Dubuque
Metropolitan Area Solid Waste Agency
RESOLUTION Accepting a Deed for the Southwest Arterial
Project from Dubuque Metropolitan Area Solid Waste
Agency
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
DMASWA Resolution 2016-39 Disposing of Interest Resolutions
DMASWA Proof of Publication - Notice of Hearing Supporting Documentation
Resolution Accepting Grant of Easement Resolutions
Grant of Easement 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. 008454990003 Type: GEN
Kind: RESOLUTION
Recorded: 06/13/2016 at 04:06:35 PM
Fee Amt: $17.00 Page 1 of 3
Dubuque County Iowa
John Murphy Recorder
F11e2016-00007242
RECORDER'S COVER SHEET
RESOLUTION DISPOSING OF AN INTEREST IN REAL PROPERTY
Preparer Information:
Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, IA 52001, Phone: (563) 583-
4113
Taxpayer Information:
City of Dubuque, Iowa, 50 West 13th Street, Dubuque, IA 52001
Return Document To:
Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, IA 52001
Legal Description:
Lot 1 of Lot 2 of Lot 1 of the N 1/2 NE 1/4 , Section 6, Township 88 North, Range 2 East
of the 5th P.M.
Grantors:
Dubuque Metropolitan Area
Solid Waste Agency
Grantees:
The City of Dubuque, Iowa
C
G4
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
RESOLUTION NO. 2016 - 31
DISPOSING OF AN INTEREST IN REAL PROPERTY BY DEED AND GRANT OF
EASEMENT TO THE CITY OF DUBUQUE, IOWA
WHEREAS, Dubuque Metropolitan Area Solid Waste Agency (DMASWA) owns the
following real property:
Lot 1 of Lot 2 of Lot 1 of the N 1/2 NE 1/4, Section 6, Township 88 North,
Range 2 East of the 5th P.M.
; and
WHEREAS, DMASWA and the City of Dubuque, Iowa (City) have entered into a proposed
Purchase Agreement pursuant to which DMASWA will convey the property shown on the attached
Acquisition Plat and Permanent Utility Easement to City; and
WHEREAS, on May 18, 2016, the DMASWA Board of Directors pursuant to notice
published as required by law held a public hearing on its intent to dispose of the foregoing
property and overruled all objections thereto; and
WHEREAS, the DMASWA Board of Directors finds that it is in the best interest of
DMASWA to approve the disposition of the foregoing property.
NOW, THEREFORE, BE IT RESOLVED BY THE DUBUQUE METROPOLITAN AREA
SOLID WASTE AGENCY:
Section 1. The Purchase Agreement is hereby approved.
Section 2. The Chairperson is hereby authorized and directed to execute the Warranty
Deed and Grant of Permanent Utility Easement attached hereto.
Section 3. The Agency Administrator is authorized to take such further action as is
necessary to finalize the foregoing transaction.
Passed, approved and adopted this / Bday of "4-21 2016.
Chairperson
Attest:
/77 AQL-- �
Mary Ann Specht, Secretary
2
F:\USERS\Jfoster\Documents\Board Agendas and Packets\Meeting drafts\DMASWA Res Disposing Interest_CorrectedLegal_042816.doc
STATE OF IOWA
DUBUQUE COUNTY
{SS:
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: May 06, 2016, and for which the charge is $22.96.
Subscribed to before me a Notary Public in and for Dubuque County, Iowa,
this `4 day ofj2 , 20 // .
1
Notary Public in and for Dubuque County, Iowa.
NOTICE OF A PUBLIC'
HEARING OF THE
BOARD OF DIREC-
TORS OF DUBUQUE
METROPOLITAN
AREA SOLID WASTE
AGENCY (DMASWA)
ON THE INTENT TO
DISPOSE OF AN IN-
TEREST IN REAL ES-
TATE'PURSUANT TO
A PROPOSED PUR-
CHASE i AGREEMENT
BETWEEN DMASWA
AND THE CITY OF DU-
BUQUE
PUBLIC 1NOTICE is
hereby given that the
DMASWA Board of Di-
rectors will hold a pub-
lic hearing on the 18th
day of May, 2016, at 4
o'clock p.m. in the
Board Room at the Mu-
nicipal'Services Center,
925 Kerper Court, Du-
buque, Iowa, at which
meeting the Board pro-
poses to take action on
the intent to dispose of
an interest in DMASWA
real estate, Lot 1 of Lot
2 of Lot of the N 1/2 NE
1/4, Section 6, Township
88 North, Range 2 East
of the 5th P.M., in the
City of Dubuque,-Jowa,
pursuant to a proposed
Purchase Agreement
between. DMASWA and
the City of Dubuque
and for the authoriza-
tion and execution of.
the proposed Purchase
Agreement. A copy of
the proposed Purchase
Agreement is available
for public inspection at
hiARY K. WESTERMEYER
fission Number 154885
Er;,, FFB. 1.2017
the Office of the
DMASWA Administra-
tor: Municipal Services
Building, 925 Kerper
Court, Dubuque, Iowa.
At the meeting, the
Board will receive oral
and written objections
from any resident or.
property,; owner of Du
buque County to the
above action. After all
objections have been
received and consid-
ered, the Board may at:
, this meeting or at any
adjournment thereof,
approve the proposed'
Purchase- Agreement.
By order of the Board
said hearing and ap
peals therefrom shall
be held in accordance 1
with and governed by
the provisions of the
Code of Iowa.
Dated this 4th day of
May, 2016.
/s/John A. Foster
John A. Foster
Agency Administrator
1t 5/6
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IIM
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II
Doc ID: 008455000006 Type. GEN
Kind: DEED WITH RESOLUTION
Recorded: 06/13/2016 at 04:07:02 PM
Fee Amt: $47.00 Page 1 of 6
Revenue Tax: $0.00
Dubuque County Iowa
John Murphy Recorder
F11e2016-00007243
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, Dubuque Metropolitan Area Solid Waste Agency 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 1 OF 2 OF 1 OF THE
NORTH 1/2 OF THE NORTHEAST 1/4, SECTION 6, TOWNSHIP 88
NORTH, RANGE 2 EAST OF THE 5TH P.M., CITY OF DUBUQUE,
DUBUQUE COUNTY, STATE OF IOWA as shown on the Acquisition Plat
attached hereto.
EXEMPT PER IOWA CODE SECTION 428A.2(6)
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 /6 of -J--, 2016 at Dubuque, Iowa.
DUBUQUE METROPOLITAN AREA
SOLID WASTE AGENCY
By: r
Chairperson
Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31
Parcel 101 DMASWA
15
fD 3a- y,
Ciimcle`
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: DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY
COUNTY PARCEL NO. 1506200010
PROJECT PARCEL NO. 101
NI/4 COR SEC 6-88-2E
FD SCM
587°42'24"W 743.50'
51/4 COR SEC 31-89-2E
FD BROKEN CONC MON WITH
5/8" DIA LP. IN CTR
NE COR SEC 6-88-2E
FD SCM
N LINE NI/2 NEI/4 SEC 6-88-2E
S87°18'18"W 1919.77'
-----------------------------------------------------------------
P.O.B.
EXISTING 50' PIPE—>""7-
LINE EASEMENT
W LINE NWI/4 NEI/4
SEC 6-88-2E
LOT 1-2-1
NI/2 NEI/4
SEC 6-88-2E
SOI °37'42"E 2075.73'
ry0
FD LP.W/C P NO.12631
FD LP.W/CAP NO.12631
l FD I.P. W/CAP N0. 4016
LOT 1-1
SW COR NWI/4 NEI/4
SEC 6-88-2E
FD 5/8" I.P. (NO CAP)
DATE SIGNED:I/19/2016
STONE BROOK CENTER
SECOND ADDITION
FD I.P. W/OBLITERATED CAP
LOT C
LOT 4
FD R/1 RAIL
I hereby certify that this Land Surveying
document was prepared by we or under
my direct personal supervlsien and
that 1 am a duly L eased Land Surveyor
1.J� pr t tate of tow.
Ltl6+C /-CP-2a/C
N R. EAGLE Date
License nuaber 8505
Ny license renewal date Is December 31,2016
Pages or sheets covered by this seal:
,SHEETS 1 AMI 2 OF 2
AECOM
FD R/W RAIL
LEGEND
447.75' M = MEASURED
447.40' R = RECORD
• = FD I.P. W/CAP NO. 401E
O 150 300 450 600
SCALE IN FEET
REVISED: 1/19/2016
SHEET 1 OF 2
PREPARED BY: MICHAEL R. FAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222. WATERLOO, IOWA. 50703, 319-232-6531
ACQUISITION PLAT
SOUTHWEST ARTERIAL
CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
OWNER: DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY
COUNTY PARCEL NO. 1506200010
PROJECT PARCEL NO. 101
BEARING / DISTANCE ACQUISITION
1 TO 2
5 87 °18'18" W
667.42
2 TO 3
5 26 °22 13" W
736.50
3 TO 4
S 21°35'21 " W
289.49
4 TO 5
S 27 °24'56" W
356.14
5 TO 6
S 27 °18'08" W
50.15
6T07
N 62°25'19" W
1.45'
7 TO 8
N 13°30'20 " E
612.50
8 TO 9
N 27°32'14 " E
775.74
9 TO 2
N 87°18'18 " E
120.37
DESCRIPTION: FEE SIMPLE ACQUISITION
PROJECT PARCEL NO. 101
COUNTY PARCEL NO. 1506200010
A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 2 OF 1 OF THE NORTH 1/2 QF THE
NORTHEAST 1/4, SECTION 6, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., CITY OF
DUBUQUE, DUBUQUE COUNTY, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 6; THENCE SOUTH 87
(DEGREES) 18' (MINUTES) 18" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF
THIS DESCRIPTION) ON THE NORTH LINE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SAID
SECTION 6, A DISTANCE OF 667.42 FEET TO THE NORTHEAST CORNER OF LOT 1 OF 2 OF 1 OF
THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 6 WHICH IS ON THE PRESENT
NORTHWESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20, BEING THE POINT OF BEGINNING
OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE SOUTH 26°22'13" WEST ON THE
SOUTHEASTERLY LINE OF LOT 1 OF 2 OF 1 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SAID
SECTION 6 ALSO BEING THE PRESENT NORTHWESTERLY RIGHT-OF-WAY LINE OF U.S.
HIGHWAY 20, A DISTANCE OF 736.50 FEET; THENCE SOUTH 21°35'21" WEST ON THE
SOUTHEASTERLY LINE OF LOT 1 OF 2 OF 1 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF
SAID SECTION 6 ALSO BEING THE PRESENT NORTHWESTERLY RIGHT-OF-WAY LINE OF U.S.
HIGHWAY 20, A DISTANCE OF 289.49 FEET; THENCE SOUTH 27°24'56" WEST ON THE
SOUTHEASTERLY LINE OF LOT 1 OF 2 OF 1 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF
SAID SECTION 6 ALSO BEING THE PRESENT NORTHWESTERLY RIGHT-OF-WAY LINE OF U.S.
HIGHWAY 20, A DISTANCE OF 356.14 FEET; THENCE SOUTH 27°18'08" WEST ON THE
SOUTHEASTERLY UNE OF LOT 1 OF 2 OF 1 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF
SAID SECTION 6 ALSO BEING THE PRESENT NORTHWESTERLY RIGHT-OF-WAY LINE OF U.S.
HIGHWAY 20, A DISTANCE OF 50.15 FEET TO THE SOUTHWESTERLY UNE OF LOT 1 OF 2 OF 1
OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 6; THENCE NORTH 62°25'19"
WEST ON THE SOUTHWESTERLY LINE OF LOT 1 OF 2 OF 1 OF THE NORTH 1/2 OF THE
NORTHEAST 1/4 OF SAID SECTION 6, A DISTANCE OF 1.45 FEET; THENCE NORTH 13°3020"
EAST, 612.50 FEET; THENCE NORTH 27°32'14" EAST, 775.74 FEET TO THE NORTH LINE OF LOT 1
OF 2 OF 1 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 6 ALSO BEING THE
NORTH UNE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 6; THENCE NORTH
87°18'18' EAST ON THE NORTH LINE OF LOT 1 OF 2 OF 1 OF THE NORTH 1/2 OF THE
NORTHEAST 1/4 OF SAID SECTION 6 ALSO BEING THE NORTH LINE OF THE NORTH 1/2 OF THE
NORTHEAST 1/4 OF SAID SECTION 6, A DISTANCE OF 120.37 FEET TO THE POINT OF
BEGINNING.
HEREINAFTER TO BE KNOWN AS LOT A OF LOT 1 OF 2 OF 1 OF THE NORTH 1/2 OF THE
NORTHEAST 1/4, SECTION 6, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., CITY OF
DUBUQUE, DUBUQUE COUNTY, STATE OF IOWA.
CONTAINING 134,126 SQUARE FEET OR 3.08 ACRES.
AECOM
REV I SED: 1/19/2016
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. 219-16
ACCEPTING A DEED FOR THE SOUTHWEST ARTERIAL PROJECT FROM
DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY
Whereas, the City of Dubuque entered into an agreement for the purchase of real
estate for the Southwest Arterial Project with Dubuque Metropolitan Area Solid Waste
Agency legally described as:
; and
A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 2 OF 1 OF THE
NORTH 1/2 OF THE NORTHEAST 1/4, SECTION 6, TOWNSHIP 88
NORTH, RANGE 2 EAST OF THE 5TH P.M., CITY OF DUBUQUE,
DUBUQUE COUNTY, STATE OF 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 of Vie, 2016.
Attest:
Kev 4 S.Firnstahl,(City b;Yerk
F:\USERS\tsteckle\Lindahl\Southwest Arterial Condemnations\Parcel 101 - DMASWA\Resolution Accepting Deed_042516.docx
Ric W. Vines, May
ro-Tem
1
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. 219-16 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 Firnstahl, CM , City Clerk
1111
1111111
111111
Doc ID' 008455010005 Type: eV*
Kind: GROUN— at 04:08:03 PM
FARD
Recorded: Amt: $0.00 Pone 1 of 5
Dubuque County Iowa
John Murphy Recorder
����� �� ���n��������C���
p�l�����,���������������������
REAL ESTATE TRANSFER - GROUNR HAZARD STATEMENT
TO BE COMPLETED BY TRANSFEROR
TRANSFEROR:
Name Dubuque Metropolitan Area Solid Waste Agency
Address 14501 Highway 20 West Dubuque Iowa 520041
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.
Address of ProTransferred:
Hwy 20 West Dubuque Iowa 52001
State Zip
Number and Street or RR
City, Town mpo.
State
Zip
Legal Description of �neCeaaa /�p/�p(�EL(}F Lz�]�I]SITlJ��IEI�DN PART OF
»�l�2'�lOF THE TH HE el 6,141 =P��
NORTH, RANGE 2 EAST OF THE 5TH P.M., CITY OF DUB , DUBUQUE COUNTY,
STATE OF IOWA as shown on the Acquisition Plat attached hereto
1. Wells (check one)
X There are no known welis situated on this property.
— There is a well or welis situated on this property. The type(s), Iocation(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)
/70\i" ^ ^7
GROUNDWATER HAZARD STATEMENT
ATTACHMENT #1
NOTICE OF WASTE DISPOSAL SITE
a. Solid Waste Disposal (check one)
There is a solid waste disposal site on this property, but no notice has been received from the
Department of Natural Resources that the site is deemed to be potentially hazardous.
There is a solid waste disposal site on this property which has been deemed to be potentially
hazardous by the Department of Natural Resources. The Iocation(s) of the site(s) is stated
below or on an attached separate sheet, as necessary.
b.. Hazardous Wastes (check one)
— There is hazardous waste on this property and it is being managed in accordance with
Department of Natural Resources rules.
There is hazardous waste on this property and the appropriate response or remediation actions,
or the need therefore, have not yet been determined.
Further descriptive information:
Ti.r*^ ^w'4_ ,^'
~kw^1..4, 4^` /fr" leo,~��
OA �.4-• Joh!,
1 HEREBY DECLARE THAT 1 HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM
AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT.
Signature:
ransferor or Agent)
Telephone No.: 563~sift- Y3-0-)
FILE WITH RECORDER DNR form 542-0960 – Attachment #1 (July 18, 2012)
PREPARED BY. MICHAEL R. FAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531
ACQUISITION PLAT
SOUTHWEST ARTERIAL
CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
OWNER: DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY
COUNTY PARCEL NO. 1506200010
PROJECT PARCEL NO. 101
BEARING / DISTANCE ACQUISITION
1 TO 2
5 87 ° 18 18 " W
667.42
2 TO 3
S 26 °22 ' 13" W
736.50
3 TO 4
S 21°35'21 " W
289.49
4 TO 5
S 27 °24'56" W
356.14
5 TO 6
S 27 °18'08" W
50.15
6 TO 7
N 62° 25 ' 19 " W
1.45
7 TO 8
N 13° 30'20 " E
612.50
8 TO 9
N 27 ° 32 ' 14 " E
775.74
9 TO 2
N 87° 18 18 " E
120.37
DESCRIPTION: FEE SIMPLE ACQUISITION
PROJECT PARCEL NO. 101
COUNTY PARCEL NO. 1506200010
A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 2 OF 1 OF THE NORTH 1/2 OF THE
NORTHEAST 1/4, SECTION 6, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., CITY OF
DUBUQUE, DUBUQUE COUNTY, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 6; THENCE SOUTH 87°
(DEGREES) 18' (MINUTES) 18" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF
THIS DESCRIPTION) ON THE NORTH LINE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SAID
SECTION 6, A DISTANCE OF 667.42 FEET TO THE NORTHEAST CORNER OF LOT 1 OF 2 OF 1 OF
THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 6 WHICH IS ON THE PRESENT
NORTHWESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 20, BEING THE POINT OF BEGINNING
OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE SOUTH 26°22'13" WEST ON THE
SOUTHEASTERLY LINE OF LOT 1 OF 2 OF 1 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SAID
SECTION 6 ALSO BEING THE PRESENT NORTHWESTERLY RIGHT-OF-WAY LINE OF U.S.
HIGHWAY 20, A DISTANCE OF 736.50 FEET; THENCE SOUTH 21°35'21" WEST ON THE
SOUTHEASTERLY LINE OF LOT 1 OF 2 OF 1 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF
SAID SECTION 6 ALSO BEING THE PRESENT NORTHWESTERLY RIGHT-OF-WAY LINE OF U.S.
HIGHWAY 20, A DISTANCE OF 289.49 FEET; THENCE SOUTH 27°24'56" WEST ON THE
SOUTHEASTERLY LINE OF LOT 1 OF 2 OF 1 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF
SAID SECTION 6 ALSO BEING THE PRESENT NORTHWESTERLY RIGHT-OF-WAY LINE OF U.S.
HIGHWAY 20, A DISTANCE OF 356.14 FEET; THENCE SOUTH 27°18'08" WEST ON THE
SOUTHEASTERLY LINE OF LOT 1 OF 2 OF 1 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF
SAID SECTION 6 ALSO BEING THE PRESENT NORTHWESTERLY RIGHT-OF-WAY LINE OF U.S.
HIGHWAY 20, A DISTANCE OF 50.15 FEET TO THE SOUTHWESTERLY LINE OF LOT 1 OF 2 OF 1
OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 6; THENCE NORTH 62°25'19"
WEST ON THE SOUTHWESTERLY LINE OF LOT 1 OF 2 OF 1 OF THE NORTH 1/2 OF THE
NORTHEAST 1/4 OF SAID SECTION 6, A DISTANCE OF 1.45 FEET; THENCE NORTH 13°30'20"
EAST, 612.50 FEET; THENCE NORTH 27°32'14" EAST, 775.74 FEET TO THE NORTH LINE OF LOT 1
OF 2 OF 1 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 6 ALSO BEING THE
NORTH LINE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 6; THENCE NORTH
8718'18" EAST ON THE NORTH LINE OF LOT 1 OF 2 OF 1 OF THE NORTH 1/2 OF THE
NORTHEAST 1/4 OF SAID SECTION 6 ALSO BEING THE NORTH LINE OF THE NORTH 1/2 OF THE
NORTHEAST 1/4 OF SAID SECTION 6, A DISTANCE OF 120.37 FEET TO THE POINT OF
BEGINNING.
HEREINAFTER TO BE KNOWN AS LOT A OF LOT 1 OF 2 OF 1 OF THE NORTH 1/2 OF THE
NORTHEAST 1/4, SECTION 6, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., CITY OF
DUBUQUE, DUBUQUE COUNTY, STATE OF IOWA.
CONTAINING 134,126 SQUARE FEET OR 3.08 ACRES.
AECOM
REV I SED: 1/19/2016
SHEET 2 OF 2
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Doc ID 008455020006 Type: GEN
Kind: EASEMENT
Recorded: 06/13/2016 at 04:08:27 PM
Fee Amt: $42.00 Page 1 of 6
Dubuque County Iowa
John Murphy Recorder
F11e2016-00007244
Prepared by: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001
Return to: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001
GRANT OF PERMANENT UTILITY EASEMENT
For and in consideration of the sum of TEN ($10.00) and other good and valuable
consideration, the receipt whereof is hereby acknowledged, Dubuque Metropolitan Area
Solid Waste Agency of Dubuque County, State of Iowa, does hereby grant, sell and
convey to the CITY OF DUBUQUE, IOWA, a municipal corporation, its agents and
contractors, from the date hereof, a permanent utility 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 1 OF 2 OF 1 OF THE
NORTH 1/2 OF THE NORTHEAST 1/4, SECTION 6, TOWNSHIP 88
NORTH, RANGE 2 EAST OF THE 5TH P.M., CITY OF DUBUQUE,
DUBUQUE COUNTY, STATE OF IOWA, as more particularly shown on
the Permanent Utility Easement exhibit attached hereto
Said permanent utility easement shall be for the purpose of constructing, repairing, and
maintaining utilities (the Work) for the Southwest Arterial Project, and other related
appurtenances in accordance with the Plans and Specifications currently on file in the
office of the City Engineer. Said easement shall also include the right to cut, trim or
remove trees, bushes and roots as may be required incident to rights given herein.
Said easement begins on the date of execution of this Grant of Temporary Construction
Easement and shall be null and void upon completion and acceptance of the Work by
the City Council.
It is understood and agreed that the City shall restore any disturbed area due to any
construction.
To have and to hold unto the said City of Dubuque, Iowa, forever and the undersigned
does hereby expressly covenant that Dubuque Metropolitan Area Solid Waste Agency
is the owner in fee of said real estate and has good right to execute this grant of
easement, and that the City, its agents or contractors, shall at all times have free access
to and egress from and over said real estate for any utilities located or to be located
thereon or therein.
Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31
Parcel 101 - DMASWA
PREPARED BY; MICHAEL R. FAGLE. AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531
PERMANENT UTILITY EASEMENT
SOUTHWEST ARTERIAL
CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
OWNER: DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY
COUNTY PARCEL NO. 1506200010
PROJECT PARCEL NO. 101
NI/4 COR SEC 6-88-2E
FD SCM
S87°42'24"W 743.50'
NE COR SEC 6-88-2E
FD SCM
N LINE NI/2 NEI/4 SEC 6-88-2E
S87°18'18"W 1919.77'
SI/4 COR SEC 31-89-2E
FD BROKEN CONC MON WITH
5/8" DIA I.P. IN CTR
0 0
11111rP.O.B. PE
NO
EXISTING 50'PIPE —J'
LINE EASEMENT
W LINE NWI/4 NEI/4
SEC 6-88-2E
LOT I-2-1
NI/2 NEI/4
SEC 6-88-2E
30' PERMANENT /
UTILITY EASEMENT
/
S01 °37'42"E 2075.73'
FD I.P. W/CAP NO. 4016
/
/
/
r
/
/
/
/
/
E;1 FD LP. W/C
0
P NO. 12631
FD I.P. W/CAP NO. 12631
STONE BROOK CENTER
SECOND ADDITION
FD I.P. W/OBLITERATED CAP
LOT C LOT 4
LOT I-1
SW COR NWI/4 NEI/4
SEC 6-88-2E
FD 5/8" I.P. (NO CAP)
DATE SIGNED: 1/19/2016
FD R/W RAIL —FD R/W RAIL
1 hereby certify that this Land Surveying
document vas prepared by ere or under
my direct personal supervision and
that I am a duly Licensed Land Surveyor
uaidpr the ,yathe State of love.
/-(Q-Zv l�
MICHAEL R. FA Date
License number 8505
My license renewal date is Deceeber 31,2016
Pages or sheets covered by this seals
,OPTS 1 AND 7 OF 2
AECOM
LEGEND
447.75' M = MEASURED
447.40' R = RECORD
• = FD I.P. W/CAP N0. 401E
0 150 300 450 600
SCALE IN FEET
SHEET 1 OF 2
PREPARED BY: MICHAEL R. EAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531
PERMANENT UTILITY EASEMENT
SOUTHWEST ARTERIAL
CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
OWNER: DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY
COUNTY PARCEL NO. 1506200010
PROJECT PARCEL NO. 101
BEARING / DISTANCE ACQUISITION
1 TO 2
S 87 °18'18" W
787.79
2 TO 3
S 27 ° 32 14 " W
775.74
3 TO 4
S 13° 30'20 " W
612.50
4 TO 5
N 62 °25'19" W
30.93
5 TO 6
N 13 °30'20°' E
608.67
6 TO 7
N 27°32'14" E
761.95
7 TO 2
N 87° 18 18 " E
34.72
DESCRIPTION: PERMANENT EASEMENT
PROJECT PARCEL NO. 101
COUNTY PARCEL NO. 1506200010
A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 2 OF 1 OF THE NORTH 1/2 OF THE
NORTHEAST 1/4, SECTION 6, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., CITY OF
DUBUQUE, DUBUQUE COUNTY, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 6; THENCE SOUTH 87°
(DEGREES) 18' (MINUTES) 18" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF
THIS DESCRIPTION) ON THE NORTH UNE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SAID
SECTION 6, A DISTANCE OF 787.79 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF
LAND HEREIN DESCRIBED; THENCE SOUTH 27°32'14" WEST, 775.74 FEET; THENCE SOUTH
13°30'20' WEST, 612.50 FEET TO THE SOUTHWESTERLY UNE OF LOT 1 OF 2 OF 1 OF THE
NORTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 6; THENCE NORTH 62°25'19' WEST ON
THE SOUTHWESTERLY LINE OF LOT 1 OF 2 OF 1 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF
SAID SECTION 6, A DISTANCE OF 30.93 FEET; THENCE NORTH 13°30'20" EAST, 608.67 FEET;
THENCE NORTH 27°32'14" EAST, 761.95 FEET TO THE NORTH LINE OF LOT 1 OF 2 OF 1 OF THE
NORTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 6 ALSO BEING THE NORTH LINE OF THE
NORTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 6; THENCE NORTH 8718'18" EAST ON
THE NORTH LINE OF LOT 1 OF 2 OF 1 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SAID
SECTION 6 ALSO BEING THE NORTH UNE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SAID
SECTION 6, A DISTANCE OF 34.72 FEET TO THE POINT OF BEGINNING.
CONTAINING 41,383 SQUARE FEET OR 0.95 ACRE.
-COM
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. 218-16
ACCEPTING A GRANT OF PERMANENT UTILITY EASEMENT FOR THE
SOUTHWEST ARTERIAL PROJECT FROM DUBUQUE METROPOLITAN AREA
SOLID WASTE AGENCY
Whereas, the City of Dubuque entered into a Purchase Agreement for the
purchase of a permanent utility easement for the Southwest Arterial Project with Dubuque
Metropolitan Area Solid Waste Agency legally described as:
and
A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 2 OF 1 OF THE
NORTH 1/2 OF THE NORTHEAST 1/4, SECTION 6, TOWNSHIP 88
NORTH, RANGE 2 EAST OF THE 5TH P.M., CITY OF DUBUQUE,
DUBUQUE COUNTY, STATE OF IOWA, as more particularly shown on the
Permanent Utility Easement exhibit attached hereto
Whereas, the terms of the Purchase 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 Utility Easement attached hereto is hereby
accepted.
2. The City Clerk is authorized and directed to record this Resolution and the
Grant of Permanent Utility Easement with the Dubuque County Recorder.
Passed, approved and adopted this 6th • . o' Junes 16.
Ric' Jones,,. ' yor Pro -Tem
Attest:
Kevin 6. Firnstahl, City`'C(erk
Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31
Parcel 101 DMASWA
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. 218-16 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.
40Z. ,#:_ %sly'
Kevin ' Firnstahl, CMC,LCity Clerk