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W. 32nd St. Deeds (several)CITY OF DUBUQUE, IOWA MEMORANDUM July 9, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager West 32nd Street -Acceptance of Warranty Deeds Public Works Director Mike Koch is recommending that the City Council accept the Warranty Deeds and the Easement for Constructing and Maintaining Inlets and Outlets for properties already purchased by the Iowa Department of Transportation in connection with the West 32nd Street reconstruction project scheduled for 2001-2002. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Michael A. Koch, Public Works Director CITY OF DUBUQUE, IOWA MEMORANDUM July 9, 2001 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director West 32nd Street - Acceptance of Warranty Deeds INTRODUCTION Enclosed are resolutions accepting Warranty Deeds for right-of-way purchases on West 32nd Street for the reconstruction project scheduled for 2001-2002. DISCUSSION These properties were acquired for reconstruction of West 32nd Street in conjunction with the extension of the Northwest Arterial from John F. Kennedy Road to Highway 386. All properties were negotiated and paid for by the Iowa Department of Transportation (IDOT). Enclosed are Warranty Deeds and the Easement for Construction and Maintaining Inlets and Outlets for parcels needed for the paving project, and to provide necessary grading for the installation of sidewalks. Included are the following: Owner Legal Description Sean A. and Christine Rupp Marjode H. Sweeney Carl W. & Debra L. Thumser Frank Hardie Advertising, Inc. Earlyn J. & Judith L. Loeffelholz Edwin W. & Linda K. Faust Kivlahan Farms, L.C. Kivlahan Farms, L.C. (Easement for Storm Sewer) Part of Lot 9 of Brueck Subdivision Part of Lot 1 of 1 of 11 of Brueck Subdivision Part of Lot 8 of Brueck Subdivision Part of Lot 3 of 2 of Helen E. and Mary H. Stewart Subdivision and Part of Lot 5 of 2 of 6 of the NE ¼ of Section 16, T89N, R2E, 5th P.M. A part of Lot 2 of 1 of 7 of the NE ¼ of Section 16, T89N, R2E, 5th P.M. A part of Lot 10 of Brueck Subdivision Parts of Lots 3 and 1 of Lot 1 of 4 in the NE ¼ NE ¼, Lot l of l of 7 in the SE ¼ NE ¼ and Lot l-l- 1-1-1-1-1-1-1-1-3 of Helen E. and Mary H. Stewart Subdivision in the NW % NE ¼ all in Section 16, T89N, R2E, 5th P.M., Dubuque County, Iowa Part of Lot I of 1 of 4 in the NE ¼ NE ¼ Section 16, T89N, R2E, 5th P.M. RECOMMENDATION The IDOT has already purchased the above properties, and the Warranty Deeds and the Easement for Constructing and Maintaining Inlets and Outlets should be accepted by the City Council. I would recommend adoption of the enclosed resolutions accepting the deeds and the easement. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolutions accepting the Warranty Deeds and the Easement for Constructing and Maintaining Inlets and Outlets. MAK/vjd Prepared by Ronald J. Turner, P.L.S. Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13~ Street, Dubuque, IA 52001-4864 RESOLUTION NO.307-01 RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY (PART OF LOT 9 OF BRUECK SUBDIVISION) FROM SEAN A. AND CHRISTINE RUPP ON WEST 32ND STREET TO THE CITY OF DUBUQUE Whereas, the IDOT entered into an agreement with Sean A. and Christine Rupp, pursuant to Sean A. and Christine Rupp agreed to grant a part of Lot 9 of Brueck Subdivision in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Sean A. and Christine Rupp have executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from Sean A. and Christine Rupp, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 16th day of July, ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk tlowa Department Pr~arer~nf~rm~:~hedL~J~hnse~f~ce~fR~ght~f~ay~8~Linc~nWay~Ames~[A5~1~5~5-239-1633 rof Transportation Address T~ StatemerCs: Propet~y Management Supr.. Office of FSght of Way, 880 Uncoln W~. Am~. IA 50~10 WARRANTY DEED For the consideration of Two Thousand Three Hundred Thirty-four and no/100---($2,334.00)--Dollars and other valuable consideration in hand paid by Iowa Department of Transportation, SEAN A. RUPP AND CHRISTINE RUPP (also known as Christine M. Rupp), husband and wife, do hereby convey to THE CITY OF DUBUQUE, IOWA, real estate in Dubuque County, Iowa: THE FEE SIMPLE TITLE GRANTED IS TO LAND DESCRIBED AS FOLLOWS: That portion of Lot 9 of Brueck Subdivision in the City of Dubuque, Dubuque County, iowa, as shown on Acquisition Plat Exhibit "A" attached hereto and by reference made a part hereof, and more particularly described as follows: Beginning at the NE Comer of said Lot 9; thence S6°37'39"E, 38.02 feet on the east line of said Lot 9; thence S82°00"51"W, 100.03 feet to a point on the west line of said Lot 9; thence N6°37'39"W, 40.39 feet on said west line to the NW Comer of said Lot 9; thence N83°22'21 100.00 feet on the north line of said Lot 9 to the Point of Beginning, containing 3,921 square feet, including 2,754 square feet in present established roads. NOTE: The east tine of said Lot 9 is assumed to bear S6°37'39"E, for the purpose of this description. This deed is given in fulfillment of a certain real estate contract dated May 1, 2000, and recorded in the Dubuque County Recorder's Office on May 8, 2000, as Instrument No. 4835-00, except those terms that survive the execution of this document. The additional of $1,000.00 as agreed to by contract is paid as severance damages to the remaining property and is not subject to real estate transfer tax. This land is being acquired for public purposes through eminent domain and a Declaration of Value is not required. Iowa Code Sec. 428A.1 Grantors do hereby covenant with grantees, and successors in interest, that grantors hold the real estate by flue in fee simple; that they have good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances except as may be above stated; and grantors covenant to warrant and defend the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Dubuque County Project No. STPN-32-1(3)--2J-31 Sean A. Rupp et ux (Parcel 6B) Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated ~4. n ~_~ ~C~ ,2000. (SIGN IN INK) Sean A. Rupp STATE OF (~ , COUNTY OF On this ~(.,) day of .~- in and for said State, personally appeared P~ } ss. , A.D. 2000, before me, the undersigned, a Notary Public to me known to be the identical persons named in and who executed the foregoing instrdment, and acknowledged that they executed the same as their voluntary act and deed. (SEAL) /~/~/'~ ~' ~/' (Sign in Ink) ¢/~$ (PdrCJType Name) Notary Public in and for said State of .~' Dubuque County Project No. STPN-32-1 (3)-2J-31 Sesn A. Rupp et ux (Parcel 6B) 30UNTY DUBUQUE IOWA DEPARTMENT OF TRANSPORTATION ACQUISITION pLAT EXHIBIT ~A" ,ROJECT NO. STPN-32-1(3)--2J-31 iECTiON 16 TOWNSHIP 89N tOW - FEE 3,921 SQ. FT. ~' -~,.,~EASE ,CQUIRED ACCESS RIGHTS FROM STA TO STA. ~CQUIRED~ACCESS PdGNTS FROM STA TO STA. ~COUtRED ~ROM Seo..q A, R~?p ~-'}- c~ STATE CONTROL NO, PARCEL NO RANGE AC, EXCESS - FEE MAIN LiNE SiDE ROAD 6B 2E AC SIDE SiDE N LOT 7 LOT 6 NE CORNER~ SEC. ~6-89-2E FOUND CONC. MONU, I'DEEP SET 5/8" IRON E DRAWN NOVEMBER 19, 1999 Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13~ Street, Dubuque, IA 52001-4864 RESOLUTION NO. 312-01 RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY (PART OF LOT 1 of 1 of 11 OF BRUECK SUBDIVISION) FROM MARJORIE H. SWEENEY ON WEST 32ND STREET TO THE CITY OF DUBUQUE Whereas, the IDOT entered into an agreement with Marjode H. Sweeney, pumuant to Marjorie H. Sweeney agreed to grant a Part of Lot 1 of 1 of 11 of Brueck Subdivision in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Marjorie H. Sweeney has executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from Marjorie H. Sweeney, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 16th day of July ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. -01 RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY (PART OF LOT 1 of 1 of 11 OF BRUECK SUBDIVISION) FROM MARJORIE H. SWEENEY ON WEST 32ND STREET TO THE CITY OF DUBUQUE Whereas, the IDOT entered into an agreement with Marjorie H. Sweeney, pursuant to Marjorie H. Sweeney agreed to grant a Part of Lot 1 of 1 of 11 of Brueck Subdivision in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Marjorie H. Sweeney has executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from Marjorie H. Sweeney, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this day of ,2001. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk  lowa Department of Transportation Form 635-053 804O:-Oo ~O00 JUL I I, ~H [0: I ~OUNTY EECO,,O~-K 9U~U~UE CO., IOhA FEES~ ~T~ FLYNN ~URLOW WARRANTY DEED For the consideration of On~ Thousand Eighteen and no/100----($1,0I 8.00)-----Dollars and other valuable consideration in hand paid by Iowa Department of Transportation, MARJORIE I-L SWEENEY. single, does hereby convey to the CITY OF DUBUQtrE, IOWA, real estate in Dubuque County, Iowa: FEE SIMPLE TITLE GRANTED 1S TO LAND DESCRIBED AS FOLLOWS: See real estate description attached hereto and by this reference made a part hereof. Acquisition Plat Exhibit "A" is attached to said legal description. This deed is given in falfillment of a certain real estate contract dated May 8, 2000, and recorded in the Dubuque County Recorder s Office on May 18, 2000, as Instrument No. 5402-00, except those terms that surv ye the execut on of this document. The additional amount of $ ] ,315.00, as agreed to by contract, is paid as severance damages to the remaining property, and is not subject to real estate transfer tax. This land is being acquired for public purposes through eminent domain and a Declaration of Value is not required. Iowa Code Sec. 428A.1 Grantors do hereby covenant with grantees, and successors in interest, that grantors hold the real estate by title in fee simple; that they have good and lawful authority to sell and convey the rea] estate; that the real estate is free and clear of alt liens and encumbrances except as may be above stated; and grantors covenant to warrant and defend the real estate against the lawful claims of ali persons except as may be above stated. Each oftbe undersigned hereby relinquishes alt rights of dower, homestead and distributive share in and to the real estate. Dubuque County Project No. STPN-32-1 (3)--2J-3 I Marjorie H. Sweeney (Parcel 6) ords and phrases here~n, ~nclud~mz acknowledement hereof, sba be construed as in the singular or plural number and as masculine or feminine gender, ac~cording to thee context. · ,20 rfC). (SIGN IN 12NK) Marjorie ~ Sweeney ~?OT~iRF pUBLIC PLEMSE COMPLETE LEFT AND RJGf'fT SIDES) ALL-PURPOS]~ ACKNOWLEDGEMENT M~'~-~t ~ 20 ~, . before me the undersigned, a Notary Pul~ic in.i~n3 for said State. personally appeared [] t~ me personally known ~ or ,~ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscri[~ed to the within instrument and acknowledged to r~e that he/she/they executed the same in his/her/their ~uthorized capacity(ies), and that by his/her/their signature(s) on the Instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrament. f~./,{...~,7~./.~fdf.7- dT_~ z(/Z~'-?2 (Sign in Ink) Nb*~ary Public iff'and fc~r said State (Type/Print Name) Capacity Claimed Bv Signer: ~-lndividual [] Corporate T ties of Corporata Officer(s): [2 Corporate Seal is affixed [] No Corporate Seal procured [~ Partnership: [] Limited [] General [] Attorney~in-Fact [~ Executor(s) or Trustee(s) [] Guardian(s) or Conservator(s) [] OTHER: _Signer is Representin?: Na~f~ity(ies) or person(s) _' ' Dubuque County. Project No. STPN~32- I (3)--2J-31 Marjorie H. Sweeney (Parcel 6) DUBUQUE IOWA DEPARTMENT OF TRANSPORTATION ACQUISITION PLAT EXHIBIT "A" PROJECT NO. SECTION ROW - FEE ACQUIRED ACCESS RIGHTS FROM STA. ACQUIRED ACCESS RIGHTS FROM STA. ACQUIRED FROM STPN-32-1(3)--2J-31 16 TOWNSHIP 89N 3,639 SQ. FT. AC, EASE TO STA. TO STA, STATE CONTROL NO. PARCEL NO. 6 RANGE 2E AC, EXCESS ~ FEE MAIN LiNE SiDE ROAD AC SIDE SIDE N NE CORNER SEC. 36-89-2E FOUND CONC. MONU. fDEEP SET 5/8" lEON LOT 7 LOT 6 LOT 5 DATE DRAWN NOVEMBER 19, 1999 Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13~ Street, Dubuque, IA 52001-4864 RESOLUTION NO. 311-01 RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY (PART OF LOT 8 OF BRUECK SUBDIVISION) FROM CARL W. & DEBRA L. THUMSER ON WEST 32ND STREET TO THE CITY OF DUBUQUE Whereas, the IDOT entered into an agreement with Carl W. and Debm L. Thumser, pursuant to Cad W. and Debra L. Thumser agreed to grant a Part of Lot 8 of Brueck Subdivision in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Carl W. and Debra L. Thumser have executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from Cad W. and Debra L. Thumser, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 16th day of July ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ~,lowa Department ~7 of Transportation Form 6354~53 ' 10 91:00 WARRANTY DEED For the consideration of One Thousand Seven Hundred and no/100-----($1.700.00)-----Dollars and other valuable consideration in hand paid by Iowa Department of Transportation. CARL W. TltUMSER AND DEBRA L THUMSER, husband and wife, do hereby convey io the CITY OF DUBUQUE, IOWA, real estate n Dubuque County, Iowa: THE FEE SIMPLE TITLE GRANTED IS TO LAND DESCRIBED AS FOLLOWS: See real estate description attached hereto and by this reference made a part hereof. Acquisition Plat Exhibit "A" is attached to said legal description. This deed is given in fulfillment ora certain real estate contract dated April 17, 2000, and recorded in the Dubuque County Recorder's Office on April 24, 2000, as Instrument No. 4222-00, except those terms that survive the execution of this document. The additional amount of $15:300.00. as agreed to by contract, is paid as severance damages to the remaining property. and is not subject to real estate transfer t,~x. This land is being acquired for public purposes through eminent domain and a Declaration of Value is not required. Iowa Code Sec. 428A.I Grantors do hereby covenant with grantees, and successors in interest, that grantors hold the real estate by title in fee simple; that they have good and lawful authority to sell and convey the real estate; that the real ~state is free and clear of all liens and encumbrances except as may be above stated; and grantors covenant to warrant and defend the real estate against the lawful claims &all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Dubuque Coun~ Project No: STPN-32-1(3 )-23-31 Carl W. and Debra L. Thumser (Parcel 6C) Words and phrases herein, including acknowled_w:nent hereof, shall be constraed as in the singular or plura! number, and as masculine or feminine gender, according to the contexL Dated Carl W. Thumser Debra L. Thumser (NOTARY PLEASE COMPLETE LEFT AND RIGHT SIDES) ~LL-pURPOS~E ACKNOWLEDGMENT .~ . STATE OF ~ . COUN~'Y OF~} ss. On thisg~(_2_~:iay of~gea~¢..~_, A.D,,qqOg')before me~Tthe undersi~mned, a Notary Public in anff for said State, personally appeared Cto me personally known or __proved to me on the basis of satisfactory evidence to be the person(s) whose nme(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. -~ot'$ ~ U~'~(Prinrq-ypeName) Notary Public in a~nd for the State of I ~APACITY CLAIMED BY SELLER: [ ~:~.INDIVIDUAL __CORPORATE Titles of Corporate Officer(s): __Corporate Se~l is affixed __No Corporate Seal procured __PARTNERSHI P:_Limited _GeneraI __ATTORaNEY-IN-FACT __EXECUTOR(s) or TRUSTEE(s) __GUARDIAN(s) or CONSERVATOR(s) __OTHER: SELLER IS REPRESENTING: Names of entity(les) or person(s) Dubuque County_ Project No STPN-32-l(3)--2J-31 Carl W. and Debra L. Thumser (Parcel 6C3 IOWA DEPARTMENT OF TRANSPORTATION ACQUISITION PLAT EXHIBIT "A" COUNTY -- DUBUQUE pROJECT NO. STPN-32..~l(3)--2J-31 SECTION 16 ROW -EJ:,.E 9,732 SQ. FT. ' ACQUtR~-~ ACCESS RIGHTS PROM STA. TOWNSHIP .. AC, EASE TO STA.- STATE CONTROL NO. _ pARCEL NO. ACOUIRED~ACCESS RIGHTS FROM STA. _TO STA.- 6C .__RANGE-- 2E .- AC, EXCESS - FEE -- .AC MAIN LINE - SIDE SIDE ROAD SiDE LOT 8 T89,N, ~ $~.C,. '~6 - LOT 1( LOT 9 LOT 7 ' ..Ei~-'..-f : REVISED APRIL 3, 2000 REVISED NOVEMBER 19, 1999 Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13~ Street, Dubuque, IA 52001-4864 RESOLUTION NO. 305-01 RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY (PART OF LOT 3 of 2 of HELEN E. AND MARY H. STEWART SUBDIVISION AND PART OF LOT 5 OF 2 OF 6 OF THE NE ¼ OF SECTION 16, T89N, R2E, 5TM P.M.) OF BRUECK SUBDIVISION) FROM FRANK HARDIE ADVERTISING, INC. ON JOHN F. KENNEDY ROAD TO THE CITY OF DUBUQUE Whereas, the IDOT entered into an agreement with Frank Hardie Advertising, Inc., pursuant to Frank Hardie Advertising, Inc. agreed to grant a Part of Lot 3 of 2 of Helen E. and Mary H. Stewart Subdivision and Part of Lot 5 of 2 of 6 of the NE ¼ of Section 16, T89N, R2E, 5th P.M., in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Frank Hardie Advertising, Inc. has executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from Frank Hardie Advertising, Inc., copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 16th dayof July ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Iowa Department of Transportation WARRANTY DEED (CORPORATE GRANTOR) For the consideration of Sevemy-seven thousand four hundred sixty-nine and no/100---($77,469.00)---Dollars and other valuable eov~sideration in hand paid by Iowa Department of Transportation, FR.4~K HARDIE ADVIgRTISING, INC., a corporation organized and existing under the laws of Iowa, does hereby convey to the UIT/OF DUBUQUE, IOWA real estate in Dubuque County, Iowa: THE FEE SIMPLE TITLE GRANTED IS TO LAND DESCR/~ED AS FOLLOWS: !See rea/estate description attached hereto and by this reference made a part hereof. Acquisition Plat Exhibit A is attached to said legal description.) This deed is given in fulfillment of a certain real estate contract dated October 25, 1999, and recorded in the Dubuque County Recorder's Office on November 1, 1999, as Document 16812-99, except those terms that survive the execution of this This land is being acquired for public purposes through eminent domain and a Declaration of Value is not required. Iowa Code Sec. 425A.1. The corporation hereby covenants with ~mntees, and successors ~n interest, that it holds the real estate by title in fe~ simple; that it h~ 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. 'gl 'enbnqno Dubuque Counw Project No. STPN-32-1 (3~-2J-3 I Frank Hardie Advertising. [nc. (Parce I A) Words and phrases herein, including acknowledgm~ em hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context Dated (NOTARY p~ COMPLETE LEFT.AND R[GHT SIDES) ALL~PURPOSE ACKI~TOWLEDGMENT STATE OF ~o[Otl- , COUN'i~ OF '~)Lt~LLOIIE } ~ ~s T~ day offS. ~D. ~ b~fom mg ~e md~i~ No~ ~lic ~ ~d for ~d ~te, ~onMly ~p~ Xm metp~ly ~o~ or ~mv~ to me on ~e b~is of satls~o~ e~d~m m be t~ ~o~s) ~e nmos) ~ subs~ m ~ ~ ~t ~d ac~wl~ to me ~ ~ey ex~ ~e sine ~ek a~o~ ~aei~i~), ~d ~ by ~/thek si~a~s) on ~e ~ ~e p~on(s), ~ ~ ~i~) u~n b~Mf of ~ch No~ ~blic ~ ~d for ~e Sram of ~ Title: SeeretaryFFreasurer CAPACITY CI~IMED BY SEI,I __CORPORATE Titles of Corporate Officer(s): __Corporate Seal is affixed ~No Corporate Seal proc'm'~ PARTNERSHIP:_Limited _General ~ATTORNEY-IN-FACT __EXECUTOR(s) or TRUSTEE(s) __GUARDIAN(s) or CONSERVATOR(s) __OTHER: SELLER IS REPRESENTING: Names of entity(ies) or person(s) Dubuque County Project No. STPN-32-1 (3)-2J-31 Frank Hardie Advertising, inc. (Parcel 1 A) IOWA DEPARTMENT OF TRANSPORTATION ACQUISITION PLAT EXHIBIT DUBUQUE COUNTY STATE CONTROL NO. PROJECT NO. STPN-32-1 (3)--2J-31 PARCEL NO. lA SECTION 1~ TOWNSHIP 89N RANGE 2E ROW - FEE 29.778 SCI. FT.* ~EASE AC, EXCESS - FEE ACQOIRED ACCESS RIGHTS FROM STA. TO STA. MAIN LINE ACQUIRED ACCESS RIGHTS FROM STA. TO STA. SIDE ROAD ACQUIRED FROM AC SiDE SIDE N ~TE DRAWN MARCH 2, 1999 09m) Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO.308-01 RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY (A PART OF LOT 2 OF I OF 7 OF THE NE ¼ OF SECTION 16, T89N, R2E, 5TM P.M.) FROM EARLYN J. AND JUDITH L. LOEFFELHOLZ ON WEST 32N° STREET TO THE CITY OF DUBUQUE Whereas, the IDOT entered into an agreement with Eadyn J. and Judith L. LoeffelhoIz, pursuant to Earlyn J. and Judith L. Loeffelholz agreed to grant a Part of Lot 3 of 2 of Helen E. and Mary H. Stewart Subdivision and a part of Lot 2 of 1 of 7 of the NE ¼ of Section 16, T89N, R2E, 5th P.M., in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Earlyn J. and Judith L. Loeffelholz have executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from Earlyn J. and Judith L. Loeffelholz, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 16th Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ~lowa Department ~of Transportation WARRANTY DEED .Dollars and other valuable consideration in band For the consideration of Seven Hm-,Ar ~ Forty and no/100-----($740.00) L. LOEFFELItOLZ, husband paid by Iowa Department of Transportatinn, EARLYN J. LOEFFELHOLZ and JUDITH and wife. of Dubuqua County, State of Iowa, do hereby convey to the CITY OF DUBUQUE, IOWA, real estate in Duboqt~ County, Iowa: THE FEE SIMPLE TITLE GRANTED IS TO LA~D DESCKLBED AS FOLLOWS: That portion of Lot 2 of Lot I of Lot 7 of the NE 1/4 of Section 16, Township 89 North, Range 2 East of the 5th. Principal Meridian, Dubuque County, Iowa, as shown on Acquisition Plat Exlfibit "A" attached hereto and by reference made a part hereof, more particularly described as follows: Beginning at the SW comer of said Lot 2 of Lot I of LOt 7; thence N 2° 29' 09" W, 20.11 feet, on the west line of said Lot 2; thence S 83° 2 l' 12" E, 86.42 feet, to a point on the present northerly right of way line of West 32nd. Street;, thenc~ S 83° t 3' 48" W, 85.56 feet, on said present northerly right o£way line, to the Point of Beginning, containing 858 square feet. NOTE: The west line ofsaid L°t 2 °f Lot I °f Lot 7 is assumed t° bear N 2° 29' 09'' W f°r the purp°se °f this description. This deed and a certain Warranty Deed to the State of Iowa are given in fi~lfillment of a certain real estate contract dated October 18, 1999, and recorded in the Dubuque County Recorder's Office on October 28, 1999, as Inat. No. 16649-99. ' . lowa Code Sec. 428A. l This land is being acquired for pubhc purposes and a Declaratton of Value ~s not required Grantors do hereby covenant w~th grantees, and successors m mterest, that grantors hold the real estate by t~fle tn fee s topic; that they have good mud lawful authoriD' to sell and convey the real estate, that the real estate ~s free and dear of all Item and claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dowex, Dubuque County Project No. STPN-32-1(3)--2J-31 Earlyn J. Loeffelholz and Judith L. Loeffelholz (parcel 2) Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. STATE OF ~ _, COUNTY OF /~,~x~ On this /~ ~day of /~/~, v~/w~:~.~ , 1999, before me, the undersigned, a Notary Public in and for said State, personally'appeared ~.-v.~,/,../ .J- Ct ~>,~-¢ ~-. .~z-.~-~_~'~z_z to me knovm to be the identical person(s) named in and who executed the foregoing instrument, and acknowledged thai (he) (she) (they) executed the same as (his) (her) (their) voluntary act and deed. ......... 2;~ ~ ~- z2~.~/ (prlnt/ni~fpe Name) Notary Public in and for said State of STATE OF ~'~2Z~- . COUNTY OF ~-z~t~ ,x ~ .ss: On this /~day of ~--~ , 1999, before me, the u~Nom~ Public in and for said State. pe~onal~p~d ~ ~ ~ Z. ~-~ mme~o~tobe~eid~timl p~on(s) na~ in and w~ ex~ot~ lhe forgoing in~m~wl~g~ that Ce) (she) (they)~x~m~ the same m (his) (h~) (~ vo un~ a~ and d~. ~ Dubuque Counb' Project No. STPN-32-I (3)--2J-31 Earlyn J. Loeffeiholz and Judith L. Loeffetholz (Parcel 2 IOWA DEPARTMENT OF TRANSPORTATION ACQUISITION PLAT COUNTY DUBUQUE STATE CONTROL NO PROJECT NO. STPN-32-1(3}--2J-31 PARCEL NO SECTION 16 TOWNSNIP 89N RANGE ROW - FEE 858 SQ. FT.' ~ EASE AC, EXCESS - FEE ACQUIRED ACCESS RIGHTS FROM STA TO STA MAIN LiNE ACQUIRED ACCESS RIGHTS FROM STA TO STA SIDE ROAD _ Z LC - od 2 2E AC SIDE SIDE DRAWN SEPTEMBER 2a, 1998 Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street. Dubuque, IA 52001-4864 RESOLUTION NO. 306-01 RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY (A PART OF LOT 10 OF BRUECK SUBDIVISION) EDWIN W. & LINDA K. FAUST ON WEST 32ND STREET TO THE CITY OF DUBUQUE Whereas, the IDOT entered into an agreement with Edwin W. and Linda K. Faust, pursuant to Edwin W. and Linda K. Faust agreed to a part of Lot 10 of Brueck Subdivision in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Edwin W. and Linda K. Faust have executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from Edwin W. and Linda K. Faust, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 16th day of July ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk lowa Department of Transportation Form 635-053 2DO0 JUL 20 ~bl I0: OB ~.ATHY FLY~N TH~..,R.?W r, CouNTY ~ECORD~ES ~U WARRANTY DEED For the consideration of One Thousand Nine Hundred Ten and no/100-----($1,910.00)-----Dollars and other valflable consideration in hand paid by Iowa Depamnent of Transportation, EDWIN W. FAUST AND L1NDA IC FAUST, husband and wife, do hereby convey to the CITY OF DUBUQUE, IOWA, real estate in Dubuque County, Iowa: THE FEE SIMPLE TITLE GRANTED IS TO LAND DESCRIBED AS FOLLOWS: See real estate description attached hereto and by this reference made a part hereof. Acquisition Plat Exhibit "A" is attached to said legal description. This deed is given in fulfillment ora certain real estate contract dated May $, 2000, and recorded in the Dubuque County Recorder's Office on May 18, 2000, as lnstrament No. 5403-00, except those terms that survive the execution of this document. The add t ona amount of $5.890 00, as agreed to by contract, s paid as severance damages to the remaining property and is not subject to real estate transfer trax. This land is being acquired for public purposes through eminent domain and a Declaration of Value is not required. Iowa Code Sec. 428A. I Grantors do hereby covenant with grantees, and successors in interest, that grantors hold the real estate by title in fee simple; that they have good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all Iiens and encumbrances except as may be above stated; and grantors covenant to warrant and defend the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Dubuque Counw Project No. STPN-32-1 (3)--2J-3 ] Edwin W. and Linda K. Faust (Parcel 6A) COUNTy Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated · ~. (SIGN L'~ tEdwin W. Faust Linda K. Faust O.~OL..TAR Y PUBLIC PLEASE C03~OLETE LEFT AND RIGHT SIDES) PU~-~POS~ ACIi2NOWLEDGMENT .-~ I Capaci~ Claimed By Signer: STATE OF~--/)'~te- , COUNTY OF ~t~ ~,~e~ {- }ss [ J~ndividual - Onthis-J~day°f'~/-~/|/ .20~i~ ,beforeme, the i ~Corporate undersi.*ned, a Notary ~u-blic ~ and for said State. personally appeared Titles of Corporate Officer(s): Fl to me personally known or ~--proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscri[~ed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their ~uthorized capaciLy(ies), and that by his/her/their signature(s) on the Instrument the person(s),..qr the entity(les) upon behalf of which the person(s) acted, exe~.~, e iTa~e, ent' (SE. AL) ~'~'/~ ~ .. (Sign in Ink) *. t lZ ~. ..... - ,~,/'~ ~'~ (Tvpe/Pnnt Name) ! -~.{~t_? [iVtYk'0~llffi~~ i~[ an~'for said State ' [] Corporate Seal is affixed [] No Corporate Seal procured F1 Partnership: Fl Limited Fl General [] Allomey-ln-Fact IU Executor(s) or Trustee(s) [2 Guardian(s) or Conservator(s) Fl OTHER: !~jgner is Representint~: Names of entity(les) or person(s) Dubuque County Project No. STPN-32-1(3)--2J-3 ] Edwin W. and Linda K. Faust (Parcel 6A) IOWA DEPARTMENT OF TRANSPORTATION ACQUISITION PLAT EXHIBIT 'A' DUBUQUE STPN-32-1(3)--2J-31 16 COUNTf PROJECT NO. SECTION !- ROW - FEE 3,684 SQ. FT.* ' ACQUIRED ACCESS RIGHTS PROM STA TO STA. . ACQUIRED ACCESS RIGHTS FROM STA. TO STA. ., ACQUIRED FROM ~d~ LL)..~ L/*~/,z~ IS..F~,~¢/' , . TOWNSHIP _ 89N ~ EASE STATE CONTROL NO, PARCEL NO. RANGE AC, EXCESS - FEE MAIN LINE ~ SIDE ROAD GA 2E AC SIDE S)DE SE.G. ~6 DATE DRAWN DENNIS R. KUNZE D~te NOVEMBER 19, 1999 i Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13th Street, Dubuque, IA 52001-4864 RESOLUTION NO. 309-01 RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY (PARTS OF LOTS 3 AND 1 OF LOT 1 OF 4 IN THE NE ¼ NE ¼, LOT 1 OF 1 OF 7 IN THE SE ¼ NE % AND LOT 1-1-1-1-'1-1-1-1-1-1-3 OF HELEN E. AND MARY H. STEWART SUBDIVISION IN THE NW % NE ¼ ALL IN SECTION '16, T89N, R2E, 5TM P.M., DUBUQUE COUNTY, IOWA) FROM KIVLAHAN FARMS, L.C. ON JOHN F. KENNEDY ROAD TO THE CITY OF DUBUQUE Whereas, the IDOT entered into an agreement with Kivlahan Farms, L.C., pursuant to Kivlahan Farms, L.C. agreed to parts of Lots 3 and 1 of Lot 1 of 4 in the NE ¼ NE ¼, Lot 1 of 1 of 7 in the SE ¼ NE ¼ and Lot 1-1-1-1-1-1-1-1-1-1-3 of Helen E. and Mary H. Stewart Subdivision in the NW ¼ NE ¼ all in Section 16, T89N, R2E, 5th P.M., Dubuque County, Iowa, in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Kivlahan Farms, L.C. has executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from Kivlahan Farms, L.C., copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this day of July ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ,~ Iowa Department )of Transportation 1 12 93-00 2'/ 55 WARRANTY DEED For the consideration of Three Hundred Forty-four Thousand and no/100----($344,000.00)----DoIlars and other valuabie consideration in hand paid by towa Department of Transportation, KIVLAHAN FARMS, L.C., a limited liability company, does hereby convey to the CITY OF DUBUQUE, IOWA, real estate in Dubuque County, Iowa: THE FEE SIMPLE TITLE GRANTED IS TO LAND DESCRIBED AS FOLLOWS: See real estate description attached hereto and by this reference made a part hereof. Acquisition Plat Exhibit "A" is attached to said legal description. This deed and a certain Easement for Constructing and Maintaining a Berm and a Warranty Deed to the State of iowa, and an Easement for Constructing and Maintaining Inlets and Outlets to the City of Dubuque, lowa, executed by the above-named grantor, are given in fulfillment of a certain resI estate contract dated July 25, 2000, and recorded in the Dubuque County Recorder's Office on Ju~y 31, 2000. as Instrument No. 8725~00, except those terms that survive the execution of this document. This land is bein~ acquired for public purposes through eminent domain and a Declaration of Value is not required. Iowa Code Sec. 428A.1. Grantors do hereby covenant with grantees, and successors in interest, that grantors hold the real estate by title in fee simple; that they have good and Iawful authority to sell and convey the real estate; that the real estate is free and clear of ali liens and encumbrances except as may be above stated; and grantors covenant to warrant and defend the real estate against the lawful claims of all persons except as may be above stated. Dubuque County Project No STPN-32-1 (3)--2J-31 Kivlahan Farms, LC (Parcel t) Words and phrases herein, including acknowIedgment hereof, shall be construed as in the singular or pluraI number and as masouIine or feminine gender, according to the context, :~-[~ated ~2~.~,~ i~ ,20 ~¢ . (SIGN IN INK) KIVLAHAN FARMS, L.C. .~hn H. Kiv~h~an, ¢4anager Dods E. Kiviahan, Manager ,=(NOTARYPUBLICPLEASE COMPLETE LEFT AND RIGHTS/DES) Capacity Claimed By Signer: CALL~PURPOSE ACKNOWLEDGMENT % , STATEOF. ~'~O¢'~ ,C~OUNTYOF .L~(~_~ }ss. [] ndvdua ' Onthis I~" dayof ('~c*"{o~-e~- , 20¢'r'~D ,before ~'Corporate (--~'c'-') me, the undersigned a Notary Public in and ~r said State, personally Titles of Corporate O~cer(s): ~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(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of w~the person(s) acted, executed the instrument, (SEAL)('" '~ (~'-"-'-'-'-'-'-'-'~ .-. ,~:~..-%~"~_...~-,~,~ Sign in Ink ~-~' (Type/Print Name) Notary Pubtic in 2=ncLf,',r ~d, State [] Corpora{e Seal is affixed ~.No Corporate Seal procured [] Partnership: [] Limited ~ General [3 Attorney-in-Fact g Executor(s) or Trustee(s) [] Guardian(s) or Conservator(s) g OTHER: Signer is Representinq: Names of entity(les) or person(s) Dubuque County Project No. STPN-32-1 (3)-~2J-31 Kivlahan Farms, L,C. (Parcel 1) IOWA DEPARTMENT OF TRANSPORTATION ACQUISITION PLAT EXHIBIT "A" PLAT 1 OF 2 COUNTY DUBUQUE PROJECT NO. STPN-32-1(3)--2J-31 SECTION 16 T0WNSR]P ROW-FEE 184,477 SQ.FT? ~, EASF ACCESS RIGHTS ACQUIRED - STA ACCESS R]GRTS ACOUIRED - STA STATE CONTROL NO. PARCEL NO. 1 89 NORTH RANGE 2 EAST AC EXCESS-FEE___AC STA MAIN LINE ___SIDE STA SIDE ROAD SIDE ACOUIRED FROM * TO THE CITY OF DUBUOUE INCLUDING 32,222 SO. FT. IN PRESENT ESTABLISHED ROAD A PART OF THE NE1/4 NE1/4 SEC.16-89-2E ~O Z~ ©~ L~%~ '~ O~F I O,F A .-- LOT 1 OF 1 OF 7~ NE CORNER -SEC. 16-$9-2E FO. CONE. MONU, NOTE: Om 35m 72m O' 100' 200' REVISED MAY 11, 2000 DATE DRAWN FEBRUARY 28, 2000 ~rA ~- 1" = 200' IOWA DEPARTMENT OF TRANSPORTATION ACQUISITION PLAT EXHIBIT "A' PLAT 2 OF 2 COUNTY DUBUQUE PROJECT NO. STPN-32-1(3)--2J-31 SECTION 16 TOWNSHIP ROW-FEE SEE PLAT 1 OF 2 AC, EASF ACCESS RIOHTS ACOUtRED - STA ACCESS RIGHTS ACOUIRED - STA STATE CONTROL NO, PARCEL NO. 1 89 NORTH RANOE 2 EAST AC EXCESS-FEE STA MAIN LINE STA SIDE ROAD AC SIDE SIDE A PART OF THE NE1/4 NE~4 SEC. I6-89-2E LOT 1 OF 1 OF 7 ? SE~4 NE~4 SEC. 16-89-2E NOTE: REVISED MAY 11, 2000 D,~TE D~;,¢,'N FEBRUARY 28, 2000 ~-< om- ~- - 1" = 200' 100' 200' Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13m Street, Dubuque, IA 52001-4864 RESOLUTION NO.310-01 RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY (PART OF LOT 1 OF 1 OF 4 IN THE NE ¼ NE ¼ SECTION 16, T89N, R2E, 6TM P.M.) FROM KIVLAHAN FARMS, L.C. ON JOHN F. KENNEDY ROAD TO THE CITY OF DUBUQUE Whereas, the IDOT entered into an agreement with Kivlahan Farms, L.C., pursuant to Kivlahan Farms, L.C. agreed to a part of Lot 1 of 1 of 4 in the NE ¼ NE ¼ Section 16, T89N, P,2E, 5m P.M. in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and Whereas, Kivlahan Farms, L.C. has executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Warranty Deed from Kivlahan Farms, L.C., copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 16th day of July ,2001. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk iowa Department ~of Transportation EASEMENT FOR CONSTRUCTING AND MAINTAINING INLETS AND OUTLETS For the consideration of Sixteen Thousand and no/100---($16,000.00)-----Dollars and other valuable consideration in hand paid by Iowa Department of Transportation, KIVLAHAN FARMS, LC., a limited liability company, does hereby grant to the CITY OF DUBUQUE, IOWA, a permanent easement for constructing and maintaining inlets and outlets in, to, on, over and across real estate in Dubuque County, Iowa: THE EASEMENT GRANTED FOR CONSTRUCTING AND MAINTAINING iNLETS AND OUTLETS iS TO LAND DESCRIBED AS FOLLOWS: See real estate description attached hereto and by this reference made a part hereof. Acquisition Plat Exhibit "A" is attached to said legal description. This easement and a certain Warranty Deed to the City of Dubuque, Iowa, and an Easement for Constructing and Maintaining a Berm and a Warranty Deed to the State of lowa, executed by the above-named grantor, are given in fulfillment of a certain real estate contract dated JuIy 25, 2000, and recorded in the Dubuque County Recorder's Office on July 31, 2000, as Instrument No. 8725-00, except those terms that survive the execution of this document. This easement and transfer is exempt from transfer tax. Iowa Code 428A.1. This easement is being acquired for public purposes through eminent domain and a Declaration of Value is not required. Iowa Code 428A.1. Grantors do hereby covenant with grantees, and successors in interest, that grantors hold the real estate by title in fee simple; that they have good and lawful authority to sell and convey the reat estate; that the reaI estate is free and clear of all liens and encumbrances except as may be above stated; and grantors covenant to warrant and defend the real estate against the lawful claims of ali persons except as may be above stated. Each of the undersigned hereby relinquishes all dghts of dower, homestead and distributive share in and to the easement. Dubuque County Project No. STPN-32-1 (3)--2J-31 Kivlahan Farms, L.C. (Parcel 1) Words and phrases herein, including acknowIedgment hereof, shall be construed as in the singular or plural number and as mascuIine or feminine gender, according to the context. KIVLAHAN FARMS, LC. ~.~hn H. Kivl'a~an,'Manager Doris E. Kivlahan, Manager ~.(NO TARY PUBLIC PLEASE COMPLETE LEFT AND RIGHT SIDES) ALL-PURPOSE ACKNOWLEDGMENT ~ STATEOF '~,~-~'~'._ ,COUNTYOF ~,~.-,~.~,-.~ }ss. Onthis ~"' dayof (.~C'~C'~",<,~ ,20~'% ,b-~fore me, the undersigned, ~':, ,(c~ lt~ r, ~,, ~ ~-~,";z l~';¢l-'~J,~'~u, appeared .~ [t~,~ -~ a Notary Public in and for~aid State, persona y ~(Z~cme personally known or El 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(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which, the person(s) acted~ executed the instrument. .~ (Type/Print Name) ~ ~s~..~, St at e Capacity Claimed By Signer: [] Individual ~.Corporate(~. Titles of Corporate O~cer(s): orpor~e Seal is affixed o Corporate Seal procured [] Partnership: [] Limited [] General iq Attorney-in-Fact [] Executor(s) or Trustee(s) [] Guardian(s) or Conservator(s) [] OTHER: Signer is Representing: Names of entity(ies) or person(s) Dubuque County Project No. STPN-32-1(3)--2J-31 Kivlahan Farms, L.C. (Parcel 1) IOWA DEPARTMENT OF TRANSPORTATION ACQUISITION PLAT EXHIBIT "A" PLAT I OF 2 COUNTY DUBUQUE STATE CONTROL NO. PROJECT NO. STPN-32-1(3)--2J-31 PARCEL NO. 1 SECTION 16 TOWNSHIP 89 NORTH RANGE 2 EAST ROW-FEE AC, EASF 7,127 SQ FT ~ AC EXCESS-FEE. AC ACCESS RIGHTS ACOUIRED - STA STA MAIN LINE SIDE ACCESS RIGHTS ACOUIRED - STA STA SIDE ROAD SiDE ACOUIRED FROM ,~','~/~ -~, /,~ ~ - EASEMENT TO TNE CITY OF DUBUQUE TO CONSTRUCT AND MAINTAIN AN iNLET/OUTLET PARCEL "A " 721 SO. FT. NOTE: POINT DF lNG LOT 1 OF 1 OF4 NEt/4 NEll4 SEC.16-89-2E FD. CONC. MONU. O~mml~m~ O' 50' 100' DATE DRAWN JANUARY 28, 2000 SCALE 1" : 100' COUNTY PROJECT NO. SECTION ROW-FEE ACCESS RIGHTS ACOUIRED - STA ACCESS.RIGHTS ACOUIRED - STA IOWA DEPARTMENT OF TRANSPORTATION ACQUISITION PLAT EXHIBIT "A" · PLAT 2 OF 2 ',~.,- DUBUQUE STATE CONTROL NO.__ STPN-32-1(3)--2J-31 PARCEL NO.. 1 16 TOWNSHIP 89 NORTH RANGE_ 2 EAST AC, EASE SEE PLAT I OF 2~AC EXCESS-FEE STA WAIN LINE STA SIDE ROAD ACOUIRED FROW ~/,'~ ~. AC SIDE _SIDE m - EASEMENT TO THE CITY OF DUBUQUE TO CONSTRUCT AND MAINTAIN AN iNLET/OUTLET LOT1OFIOF4 , ,- ~, J,~ NEll4 NEll4 SEC.16-89-2E "" ~'~ ]NT OF INS PARCEL "B 757 SO.F . N O T E: FO. CONC. ~ONU. Om 18m 3Gm ~_TRJC JANUARY 28,2000 I"= 100' DATE DRAWN SCALE