Southwest Arterial Property Acquisition of Parcel 76 - Siebe Copyright 2014
City of Dubuque Consent Items # 7.
ITEM TITLE: Southwest Arterial Property Acquisition Parcel 76 - Siebe
SUMMARY: City Manager recommending approval of a Resolution
accepting the Grant of Permanent Utility Easement from
Wesley A. Siebe and Sandra S. Siebe for the purchase of
a permanent utility easement for the Southwest Arterial
Project.
RESOLUTION Accepting a Grant of Permanent Utility
Easement for the Southwest Arterial Project from Wesley
A. and Sandra S. Siebe
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Southwest Arterial Property Acquisition from Siebe- City Manager Memo
MVM Memo
Staff Memo Staff Memo
Resolution Accepting Grant of Permanent Easement Resolutions
Grant of Permanent Utility Easement Supporting Documentation
THE CITY OF Dubuque
DUB E 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 Acquisition —Wesley & Sandra Siebe
DATE: August 11, 2016
City Attorney Barry Lindahl recommends City Council approval of a Resolution
accepting the Grant of Permanent Utility Easement from Wesley A. Siebe and
Sandra S. Siebe for the purchase of a permanent utility easement for the Southwest
Arterial Project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
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: August 9, 2016
RE: Southwest Arterial Property Acquisition —Wesley & Sandra Siebe
August 15, 2016 City Council Agenda
The City entered into a Purchase Agreement with Wesley A. Siebe and Sandra S.
Siebe, husband and wife, for the purchase of a permanent utility easement for the
Southwest Arterial Project.
Attached is a resolution accepting the Grant of Permanent Utility Easement for this
property.
I recommend that the resolution be submitted to the City Council for consideration.
BAL:tls
Attachment
cc: Gus Psihoyos, City Engineer
Bob Schiesl, Assistant City Engineer
F:\USERS\tsteckle\Lindahl\Southwest Arterial Conde mnations\MVM_Additio nalS ie be Pro pe rtyAcquisition Parce 176_081516Agenda_080916.doc
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
RESOLUTION NO. 297-16
ACCEPTING A GRANT OF PERMANENT UTILITY EASEMENT FOR THE
SOUTHWEST ARTERIAL PROJECT FROM WESLEY A. AND SANDRA S. SIEBE
Whereas, the City of Dubuque entered into an agreement for the purchase of an
easement for the Southwest Arterial Project with Wesley A. Siebe and Sandra S. Siebe
for the property legally described as:
; and
A parcel of land situated in part of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of
Lot 1 of Lot 1 of the Southwest 1/4 of the Southeast 1/4 of Section 29,
Township 89 North, Range 2 East of the 5th P.M. City of Dubuque, County
of Dubuque, State of Iowa, as more particularly shown on the Easement
exhibit 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 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 15th day August, 2016.
f! z 11,12
Roy O. Bud 1, Mayor
Attest:
Trish L. Gleason, Assistant City Clerk
Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31
Parcel 76 Siebe
1111
11011
Doc ID 008496540006 Type GEN
Kind: PURCHASE AGREEMENT
Recorded: 08/18/2016 at 03:04:22 PM
Fee Amt: $32.00 Page 1 of 6
Dubuque County Iowa
John Murphy Recorder
F11e2016-00010841
Return to and prepared by: Carrol D. McCracken, JCG Land Services, Inc., 1715 South G Ave., Nevada, IA 50201 515-382-1698
For: City of Dubuque, Iowa, City Hall, 50 W 13th Street, Dubuque, Iowa 52001 563-589-4270
PURCHASE AGREEMENT
PARCEL 76 COUNTY Dubuque
PROJECT HDP -2100 (679)--71-31 NAME Southwest Arterial
SELLER: Wesley A. Siebe and Sandra S. Siebe, husband and wife
THIS AGREEMENT entered into this 9114 day of August , 2016, by and between Seller and the City of
Dubuque, Iowa, Buyer.
1. SELLER AGREES to sell and furnish to Buyer a conveyance document, on form(s) furnished by Buyer, and
Buyer agrees to buy the following real estate, hereinafter referred to as the premises, situated in parts of the
following: LOT 2 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 OF THE SW '/ SE '/ IN
SECTION 29, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5th P.M., in the City of Dubuque, State of
Iowa, and more particularly described on Pages 4-5, including the following buildings, improvements and other
property:
All land, trees, shrubs, landscaping and surfacing attached to the premises sought and described herein .
2. Possession of the premises is the essence of this agreement and Buyer may enter and assume full use and
enjoyment of the premises per the terms of this agreement. SELLER GRANTS Buyer the immediate
possession right to enter the premises for the purpose of gathering survey and soil data. SELLER MAY
surrender possession of the premises or building or improvements or any part thereof prior to the time at which
he has hereinafter agreed to do so, and agrees to give Buyer ten (10) days notice of Seller's intention to do so
by calling Buyer.
3. Buyer agrees to pay and SELLER AGREES to grant the right of possession, convey title, and surrender
physical possession of the premises as shown on or before the dates listed below.
PAYMENT AMOUNT
AGREED PERFORMANCE DATE OF PERFORMANCE
$ on conveyance of title
$ on surrender of possession
$ 1,000.00 on possession and conveyance 90 days after Buyer approval
$ 1,000.00 TOTAL LUMP SUM
Breakdown Ac./Sq. Ft.
Land by Fee Title Ac./Sq.Ft. in the name of the City of Dubuque
Underlying Fee Title Ac./Sq.Ft. in the name of the State of Iowa
Permanent Easement 849 Ac /Sq.Ft. for Utility Purposes/in the
name of the City of Dubuque
Temporary Easement Ac./Sq.Ft.
4. SELLER WARRANTS that there are no tenants on the premises holding under lease except: None.
5. This agreement shall apply to and bind the legal successors in interest of the Seller and SELLER AGREES to
pay all liens and assessments against the premises, including all taxes and special assessments payable until
surrender of possession as required by the Code of Iowa, and agrees to warrant good and sufficient title.
6. Buyer may include mortgages, lienholders, encumbrancers and taxing authorities as payees on warrants
issued in payment of this agreement. In addition to the Total Lump Sum, Buyer agrees to pay $0.00 for the
cost of adding title documents required by this transaction to Seller's abstract of title. If requested to do so,
SELLER WILL deliver to the Buyer an abstract of title to the premises. Buyer agrees to pay the cost of
abstract continuation. SELLER AGREES to provide such documentation as may be required by Iowa Land
Title Standards to convey merchantable title to Buyer. SELLER ALSO AGREES to obtain court approval of
this agreement, if requested by Buyer, in the event title to the premises becomes an asset of any estate, trust,
conservatorship or guardianship. Buyer agrees to pay court approval costs and all other costs necessary to
transfer the premises to Buyer, but not attorney fees. Claims for such transfer costs shall be paid in amounts
supported by paid receipts or signed bills.
Page 1
7. Buyer agrees that any agricultural drain tiles that are located within the premises and are damaged or require
relocation by highway construction shall be repaired or relocated at no expense to Seller. Where Buyer
specifically agrees to construct and maintain fence, the fence shall be constructed and maintained for vehicle
access control purposes only at no expense to Seller. Buyer shall have the right of entry upon Seller's
remaining property along the right of way line, if necessary, for the purpose of connecting said drain tile and
constructing and maintaining said fence. Seller may pasture against said fence at his own risk. Buyer will not
be liable for fencing private property or maintaining the same to restrain livestock.
8. If Seller holds title to the premises in joint tenancy with full rights of survivorship and not as tenants in common
at the time of this agreement, Buyer will pay any remaining proceeds to the survivor of that joint tenancy and
will accept title solely from that survivor, provided the joint tenancy has not been destroyed by operation of law
or acts of Seller.
9. These premises are being acquired for public purposes and this transfer is exempt from the requirements for
the filing of a Declaration of Value by the Code of Iowa.
10. The premises also includes all estates, rights, title and interests, including all easements, and all advertising
devices and the right to erect such devices as are located thereon. SELLER CONSENTS to any change of
grade of the street and accepts payment under this agreement for any and all damages arising therefrom.
SELLER ACKNOWLEDGES full settlement and payment from Buyer for all claims per the terms of this
agreement and discharges Buyer from liability because of this agreement and the construction of this public
improvement project.
11. Seller states and warrants that, to the best of Seller's knowledge, there is no burial site, well, solid waste
disposal site, private sewage disposal systems, hazardous substance, nor underground storage tank on the
premises described and sought herein, except:
None
12. This written agreement constitutes the entire agreement between Buyer and Seller and there is no agreement
to do or not to do any act or deed except as specifically provided for herein.
13. Buyer hereby gives notice of Seller's five-year right to renegotiate construction or maintenance damages not
apparent at the time of the signing of this agreement as required under Section 66.52 of the Code of Iowa.
14. Buyer hereby agrees to mandate that any utility construction, repair or maintenance project within the
permanent utility easement area shall be required to use trenchless underground techniques to minimize
disturbance to seller's driveway pavement, parking lot pavement and landscaping.
15. Upon considering all viable alternatives and it is determined that the use trenchless underground techniques is
not an option, said utility responsible for the utility construction, repair or maintenance project within the
permanent utility easement area shall use conventional construction techniques which will minimize
disturbance to seller's driveway pavement, parking lot pavement and landscaping.
16. Buyer hereby agrees to mandate that any utility construction, repair or maintenance project within the
permanent utility easement area shall be required to communicate with Seller and coordinate reasonable
accommodations and access to said property during the construction, repair or maintenance project within the
permanent utility easement area.
17. Seller's driveway pavement, parking lot pavement and landscaping disturbed within the permanent utility
easement area shall be restored to an equivalent or better condition at the time of completion of said utility
construction, repair or maintenance project.
Page 2
SELLER'S SIGNATURE AND CLAIMANT'S CERTIFICATION: Upon due approval and execution by the
Buyer, we the undersigned claimants certify the Total Lump Sum payment shown herein is just and unpaid.
By:
This section to be completed by a Notary Public.
Both columns must be completed.
SELLER'S ACKNOWLEDGMENT
STATE OF /aA-r4
COUNTY OF d vat/ ISLti
}
} ss:
By:
Sandra S. Siebe
On thi6%!Fday of AVG'v'S T , A.D. 20Co before me, the
undersigned, a Notary Public in and for said State, personally appeared
E- ' 4 . s, &Z
$2' AzDcz. R s. Sic -3e
X to me personally known
or proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which theheperson(s) acted, executed the instrument.
`i/ i�l . (Sign in Ink)
%Z ✓.SSL -t - /41.161G‘ (Print / Type Name)
Notary Public in and for the State of / o C I4
My commission expires /144 / 24 2 c /9
CAPACITY CLAIMED BY SIGNER:
X_ INDIVIDUAL,.
CORPORATE
Title(s) of Corporate Officer(s):
Corporate Seal is affixed
_ No Corporate Seal procured
PARTNER(s):
Limited Partnership
General Partnership
ATTORNEY-IN-FACT
EXECUTOR(s) or TRUSTEE(s)
GUARDIAN(s) or CONSERVATOR(s)
OTHER:
SIGNER IS REPRESENTING:
List name(s) of entity(ies) or person(s)
RUSSELL N KIEFFER
Commission Number 778626
My Commission Expires
May 24, 2019
BUYER'S ACKNOWLEDGMENT
STATE OF IOWA: ss: On,this 4141 day of August , 2016 , before me, the undersigned,
personally appeared 71.IS ho.(O a , known to me to be the
rwrCiUiS wi Ct j of Buyer and who did say that said instrument was signed on
be alf of Buys bj the authority duly recorded in its minutes, and acknowledged the execution of said
instrument, which signature appears hereon, to be the voluntary act and deed of Buyer and by it voluntarily
executed.
BUYER'S
ROVAL
Approved by: Gus Psihoyos
City Engineer
City of Dubuque, Iowa
(Date
Page 3
A`
. atiro ublic in and for the State of Iowa
STEPHANIE A. VALENTINES
Commission Nu .lber 7 ! 1714
My Comm. Exp
4
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
LOT 2 -I -1 -I -1-I
SWI/4 SEI/4
SEC. 29-89-2E
OLD HIGHWAY ROAD
DATE SIGNED: 08/06/2016
OWNER: WESLEY A. & SANDRA S. SIEBE
COUNTY PARCEL NO. 1029451010
PROJECT PARCEL NO. 76
LOT
SWI/4 SEI/4
SEC. 29-89-2E
LOT 2 -I -I -I -I -I -I -I SWI/4 SEI/4
& LOT 2-2 SEI/4 SEI/4
SEC. 29-89-2E
P.O.B.
P.U.E.
�ANo :"�,
"'••'••k
I 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
SWo: 4,,:,
uunddee/f/, the to o
�
State of Iowa. /•/�
a/o
MICHAEL A. A -
edc.
EAGLE
esos e
MICIHAEL R. FAGLE
Da e
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License number 8505
S 00 ° 19 ' 52 " W
a., 1 ••..p....".;V
My license renewal date is December 31,2016
""""'
Pages or sheets covered by this seal:
SHEETS 1 AND 2 OF 2
AECOM
BEARING / DISTANCE
1 TO 2
R =683.20'
L=40.72
LC=N88°15' 21"W
40.72
2 TO 3
N 86 ° 32 ' 54 " W
25.35
3 TO 4
N 71°25'19 " E
69.79
4 TO 1
S 00 ° 19 ' 52 " W
25.00
4
0
LEGEND
447.75' M = MEASURED
447.40' R = RECORD
50
100
200
SCALE IN FEET
SHEET 1 OF 2
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: WESLEY A. & SANDRA S. SIEBE
COUNTY PARCEL NO. 1029451010
PROJECT PARCEL NO. 76
PROJECT DESCRIPTION: PERMANENT UTILITY EASEMENT
PARCEL NO. 76
COUNTY PARCEL NO. 1029451010
A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF LOT 1 OF LOT 1 OF LOT 1 OF
LOT 1 OF LOT 1 OF LOT 1 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF
SECTION 29, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., CITY OF
DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 2 OF LOT 1 OF LOT 1 OF
LOT 1 OF LOT 1 OF LOT 1 OF LOT 1; THENCE WESTERLY ON THE SOUTHERLY
LINE OF SAID LOT 2 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1
ALSO BEING THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF OLD HIGHWAY
ROAD BEING A 683.20 -FOOT RADIUS CURVE CONCAVE NORTHERLY AND
HAVING A 40.72 -FOOT LONG CHORD BEARING NORTH 88° (DEGREES) 15'
(MINUTES) 21" (SECONDS) WEST, 40.72 FEET (ARC LENGTH); THENCE NORTH
86°32'54" WEST ON THE SOUTHERLY LINE OF SAID LOT 2 OF LOT 1 OF LOT 1 OF
LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 ALSO BEING THE PRESENT NORTHERLY
RIGHT-OF-WAY LINE OF OLD HIGHWAY ROAD, 25.35 FEET; THENCE NORTH
71°25'19" EAST, 69.79 FEET TO THE EASTERLY LINE OF SAID LOT 2 OF LOT 1 OF
LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1; THENCE SOUTH 00°19'52" WEST
ON THE EASTERLY LINE OF SAID LOT 2 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1
OF LOT 1 OF LOT 1, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING.
THE EASTERLY LINE OF SAID LOT 2 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 OF
LOT 1 OF LOT 1 IS ASSUMED TO BEAR SOUTH 00°19'52" WEST FOR THE
PURPOSE OF THIS DESCRIPTION.
CONTAINING 849 SQUARE FEET OR 0.02 ACRE.
AECOM
5
SHEET 2 OF 2
25
SCALE IN FEET
PARCEL 76
PROPOSED PERMANENT UTILITY EASEMENT
August 2016
6
IIII I IJII II IEli I IIll ii II Ji
Doc ID: 008496550007 Type: GEN
Kind: EASEMENT
Recorded: 08/18/2016 at 03:04:55 PM
Fee Amt: $37.00 Page 1 of 7
Dubuque County Iowa
John Murphy Recorder
Fi1e2016-00010842
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 (563.583.4113)
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, Wesley A. Siebe and
Sandra S. Siebe, husband and wife, of Dubuque County, State of Iowa, for themselves,
their heirs and assigns, do 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 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 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of
Lot 1 of Lot 1 of the Southwest IA of the Southeast '/4 of Section 29,
Township 89 North, Range 2 East of the 5th P.M. City of Dubuque, County
of Dubuque, State of Iowa, as more particularly shown on the 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.
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 do
hereby expressly covenant that they are the owners in fee of said real estate and have
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 76 Siebe
PAGE 1
J-<,0)
Dated at Dubuque, Iowa this
Sandra S. Siebe
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
day of August , 2016.
NOTARY PUBLIC
On this B ry day of August , 2016 before me, the undersigned, a Notary
Public in and for said County, in said State, personally appeared Wesley A. Siebe and
Sandra S. Siebe, 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.
RUSSELL N KIEFFER
o tt Commission Number 778626
z 1000 My Commission Expires
/OkVP
May 24, 2019
PAGE 2
7.(44 i.i .) 0
Notary Public In and For Said State
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
LOT 2 -I -1 -I -I -I
SWI/4 SEI/4
SEC. 29-89-2E
OLD HIGHWAY ROAD
DATE SIGNED: 08/06/2016
OWNER: WESLEY A. & SANDRA S. SIEBE
COUNTY PARCEL NO. 1029451010
PROJECT PARCEL NO. 76
LOT
SWI/4 SEI/4
SEC. 29-89-2E
P.O.B.
P.U.E.
°
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....0 .AND dG
......9, --.
M:Ce0Et A. fS v
=
5505
sos
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' If'1o..Al `,
40
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
unde the la o State of Iona.
8/0 26/4
MICHAEL R. FAGLE Da e
License number 8505
My license renewal date is December 31,2016
Pages or sheets covered by this seal:
SHEETS 1 AND 2 OF 2
LC=N88°15' 21"W
40.72
AECOM
0
LOT 2 -I -I -I -I -I -I -I SWI/4 SEI/4
& LOT 2-2 SEI/4 SEI/4
SEC. 29-89-2E
20
BEARING / DISTANCE
1 TO 2
R = 683.20'
L=40.72
LC=N88°15' 21"W
40.72
2 TO 3
N 86 ° 32 ' 54 " W
25.35
3 TO 4
N 71 ° 25 ' 19 " E
69.79
4 TO 1
S 00° 19'52 " W
25.00
PAGE 3
LEGEND
447.75' M = MEASURED
447.40' R = RECORD
0 50 100 200
SCALE IN FEET
SHEET 1 OF 2
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: WESLEY A. & SANDRA S. SIEBE
COUNTY PARCEL NO. 1029451010
PROJECT PARCEL NO. 76
PROJECT DESCRIPTION: PERMANENT UTILITY EASEMENT
PARCEL NO. 76
COUNTY PARCEL NO. 1029451010
A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF LOT 1 OF LOT 1 OF LOT 1 OF
LOT 1 OF LOT 1 OF LOT 1 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF
SECTION 29, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., CITY OF
DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 2 OF LOT 1 OF LOT 1 OF
LOT 1 OF LOT 1 OF LOT 1 OF LOT 1; THENCE WESTERLY ON THE SOUTHERLY
LINE OF SAID LOT 2 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1
ALSO BEING THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF OLD HIGHWAY
ROAD BEING A 683.20 -FOOT RADIUS CURVE CONCAVE NORTHERLY AND
HAVING A 40.72 -FOOT LONG CHORD BEARING NORTH 88° (DEGREES) 15'
(MINUTES) 21" (SECONDS) WEST, 40.72 FEET (ARC LENGTH); THENCE NORTH
86°32'54" WEST ON THE SOUTHERLY LINE OF SAID LOT 2 OF LOT 1 OF LOT 1 OF
LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 ALSO BEING THE PRESENT NORTHERLY
RIGHT-OF-WAY LINE OF OLD HIGHWAY ROAD, 25.35 FEET; THENCE NORTH
71°25'19" EAST, 69.79 FEET TO THE EASTERLY LINE OF SAID LOT 2 OF LOT 1 OF
LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1; THENCE SOUTH 00°19'52" WEST
ON THE EASTERLY LINE OF SAID LOT 2 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1
OF LOT 1 OF LOT 1, A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING.
THE EASTERLY LINE OF SAID LOT 2 OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 1 OF
LOT 1 OF LOT 1 IS ASSUMED TO BEAR SOUTH 00°19'52" WEST FOR THE
PURPOSE OF THIS DESCRIPTION.
CONTAINING 849 SQUARE FEET OR 0.02 ACRE.
AECOM
PAGE 4
SHEET 2 OF 2
Proposed Permanent
Utility Easement
Existing Temporary
Construction Easement
Sov�N��s�
PARCEL 76
PROPOSED PERMANENT UTILITY EASEMENT
August 2016
PAGE 5
RESOLUTION NO. 297-16
ACCEPTING A GRANT OF PERMANENT UTILITY EASEMENT FOR THE
SOUTHWEST ARTERIAL PROJECT FROM WESLEY A. AND SANDRA S. SIEBE
Whereas, the City of Dubuque entered into an agreement for the purchase of an
easement for the Southwest Arterial Project with Wesley A. Siebe and Sandra S. Siebe
for the property legally described as:
; and
A parcel of land situated in part of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of
Lot 1 of Lot 1 of the Southwest '/ of the Southeast '/ of Section 29,
Township 89 North, Range 2 East of the 5th P.M. City of Dubuque, County
of Dubuque, State of Iowa, as more particularly shown on the Easement
exhibit 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 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 15th day 4 f August, 2016.
Attest:
Trish L. Gleason, Assistant City Clerk
Roy D. Bu I, Mayor
Dubuque Southwest Arterial Project No. HDP - 2100 (679)--71-31
Parcel 76 Siebe
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Trish L. Gleason, do hereby certify that I am the duly appointed, qualified,
Assistant City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such
Assistant 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. 297-16 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 16th day of August, 2016.
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Trish L. Gleason, Assistant City Clerk