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Accepting Grant of Utility Easement - Southwest Arterial Project from O'Rourke Farms LLC
Copyright 2014 City of Dubuque Consent Items # 17. ITEM TITLE: Utility Easement - Southwest Arterial Project from O'Rourke Farms L.L.C. SUMMARY: City Manager recommending approval and acceptance of permanent and temporary easements from O'Rourke Farms LLC (Parcel 195) for the Southwest Arterial Project. RESOLUTION Accepting Grant of Easements Upon Real Estate Owned by O'Rourke Farms, L.L.C. in Dubuque County, Iowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type ❑ Utility Easement SW Arterial from ORourke Farms-MVM Memo City Manager Memo ❑ Staff Memo Staff Memo ❑ Resolution Resolutions ❑ Grant of Easement Supporting Documentation ❑ Purchase Agreement 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: Acceptance of Grant of Permanent and Temporary Utility Easements for the Southwest Arterial Project from Parcel 195, O'Rourke Farms L.L.C. DATE: May 14, 2015 City Engineer Gus Psihoyos is recommending City Council approval and acceptance of permanent and temporary easements from O'Rourke Farms LLC (Parcel 195) for the Southwest Arterial Project. I concur with the recommendation and respectfully request Mayor and City Council approval. Micliael C. Van Milligen MCVM:sv Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer Dubuque Engineering Department THE CITY OF 50 W. 13th Street Dubuque,IA 52001 All-AmericaCity Office(563)589-4270 DUB36&E1 ' Fax 563 589-4205 TDD(563)556-9948 Masterpiece on the Mississippi 2007.2012.2013 engineer@cityofdubuque.org N vww.cityofdubuque.org TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Acceptance of Grant of Permanent and Temporary Utility Easements for the Southwest Arterial Project from Parcel 195, O'Rourke Farms L.L.C. DATE: May 14, 2015 INTRODUCTION The purpose of this memorandum is to request City Council approval and acceptance of permanent and temporary easements from O'Rourke Farms L.L.C. for the Southwest Arterial Project across Part of Lot 1 SW Y4 NW %; Lot 3 SW Y4 NW %; Lot 1 NW Y4 SW %; SE Y4 NW 1/4; and Lot 1 E Y SW % all in Section 13, Township 88 North, Range 2 East of the 5th P.M., in the County of Dubuque, State of Iowa. DISCUSSION By previous action, the City Council established the Just Compensation Valuation (Fair Market Value) for Parcel 195, O'Rourke Farms L.L.C. and authorized staff to conduct good faith negotiations. The City has been successful in reaching a fair and acceptable purchase agreement with O'Rourke Farms L.L.C. for the acquisition of the property for the Southwest Arterial Project. RECOMMENDATION I recommend accepting the Grant of Permanent and Temporary Utility Easements for the Southwest Arterial Project from O'Rourke Farms L.L.C., over and across Part of Lot 1 SW Y4 NW %; Lot 3 SW Y4 NW %; Lot 1 NW Y4 SW %; SE Y4 NW 1/4; and Lot 1 E Y SW % all in Section 13, Township 88 North, Range 2 East of the 5th P.M., in the County of Dubuque, State of Iowa, as shown on the exhibits attached to the Grant of Easement. BUDGET IMPACTS The funding summary for the right-of-way property acquisition for Parcel 195, O'Rourke Farms L.L.C. for the Southwest Arterial project is as follows: Description Estimated Cost Final Cost Right-of-Way Property Acquisition (Parcel 195) $ 1)067)115 $ 1,077,069 Contingency & Incidental Costs (10%) 106,710 0.00 Project Cost $ 11173,825 $ The project funding is summarized as follows: Fund Description Fund Amount Estimated Cost Final Cost Federal SAFETEA-LU Funding (80%) HDP-2100 679 ---71-31 $ 939,061 $ 861 ,655 City - Local Funding (10%) 117,382 107,707 County - Local Funding (10%) 117,382 107,707 Project Funding $ 1,173,826 $ 1,077,069 ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution accepting the Grant of Permanent and Temporary Easement for the Southwest Arterial Project from Parcel 195, O'Rourke Farms L.L.C. Prepared by Robert Schiesl, Assistant City Engineer cc: Kent Ellis, Iowa DOT 2 Doc ID 008242380011 Type. GEN Kind: EASEMENT Recorded: 05/20/2015 at 03:36:31 PM Fee Amt: $57.00 Page 1 of 11 Dubuque County Iowa John Murphy Recorder File2015-00006177 RECORDER'S COVER SHEET GRANT OF EASEMENT Preparer Information: Barry A. Lindahl, City Attorney, 300 Main Street, Suite 330, Dubuque, IA 52001, Telephone: (563) 583-4113 Taxpayer Information: City of Dubuque, Iowa, 50 West 13th Street, Dubuque, IA 52001 Return Document To: Barry A. Lindahl, City Attorney, 300 Main Street, Suite 330, Dubuque, IA 52001 Legal Description: See Page 1 of Grant of Easements Grantors: Grantees: O'Rourke Farms, L.L.C. The City of Dubuque, Iowa 5-700 ( CtfyClerk Prepared by: Barry A. Lindahl, City Attorney, 300 Main Street, Suite 330, Dubuque, IA 52001 563-583-4113 Return to: Crenna A. Lindahl, City Attorney, 300 Main Street, Suite 330, Dubuque, IA 52001 563-583-4113 GRANT OF EASEMENTS FOR SOUTHWEST ARTERIAL PROJECT For and in consideration of the sum of $1.00 and other good and valuable consideration, O'Rourke Farms L.L.C. (Grantor) of Dubuque County, State of Iowa, for itself, its successors and assigns, does hereby grant, sell and convey to the CITY OF DUBUQUE, IOWA, a municipal corporation, its agents and contractors, in perpetuity, from the date hereof, easements through, under and across the following described real estate situated in Dubuque, Iowa, to wit: The property lies within the following described property: LOT 1 SW '/ NW '/; LOT 3 SW '/ NW 7/; LOT 1 NW '/ SW '/; SE 1/4 NW 1/4; AND LOT 1 E'/ SW'/ ALL IN SECTION 13, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., in the County of Dubuque, State of Iowa And as more particularly shown on the attached exhibits as follows: Project Parcel No. 195A Permanent Utility Easements Project Parcel No. 195A Temporary Easements Said easements shall be for the purpose of the Southwest Arterial Project in accordance with the Plans and Specifications on file in the office of the City Engineer. Grantor shall not erect any structure over or within the easement area without obtaining the prior written approval of the City Engineer. Grantor, its successors, and assigns shall not change the grade, elevation, or contour or perform any construction or excavation that will diminish the lateral support of said utilities without obtaining the prior written consent of the City Engineer. 050715bal In its use of the easement areas and in the performance of the work which Grantee is authorized to perform within the easement areas Grantee shall avoid any damage to, or interference with, other improvements within the easement areas or in the vicinity and minimize disruption to the surface area. Grantee shall restore the easement areas to a substantially identical condition as existed prior to Grantee's entry, after the performance or exercise of any of Grantee's rights or obligations under the terms of this Agreement. To have and to hold unto the said City of Dubuque, Iowa, forever, 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 the Grantee, its agents or contractors, shall at all times have free access to and egress from and over said real estate to maintain, replace or repair said utilities thereon or therein. Dated at Dubuque, Iowa this / 2 day of , 2015. O'ROURKE FARMS, L.L.C. Faul J. O'Ro e STATE OF NEVADA, LFNiz,1‹ COUNTY OF QE, SS: -111 On this 12 day of MAI' Public in and for said County, me known and who executed that he executed the same as L.L.C. NOTARY PUBLIC STATE OFyTNE Ala DA SARA J. FAGNANT ApptNo. JJuly 15.2016 My Appt.Expires , 2015 before me, the undersigned, a Notary in said State, personally appeared Paul J. O'Rourke, to the within and foregoing instrument and acknowledged his voluntary act and deed on behalf of O'Rourke Farms Notary Public In and For Said State F:\USERS\tsteckle\Lindahl\O'Rourke Farms SW Arterial Condemnation\GrantofEasement 042115.doc 2 PREPARED BY: MICHAEL R. EAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-0531 ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: O'ROURKE FARMS, L.L.C. COUNTY PARCEL NO. 1513152002 AND 1513300001 PROJECT PARCEL NO. 195A PERMANENT UTILITY EASEMENTS LOT 1 SW1/4 NW1/4 -OF-WAY WI/4 COR SEC I3 -88-2E FD REBAR W/RED CAP NO. 12631 LOT 2 NW1/4 SW1/4 N87°49'29"E 5351.23' N87°49'29"E 956.02' . O. B ..... "A EXISTING 16.5' WIDE UTILITY EASEMENT PROPOSED 16.5' UTILITY EASEMENT "A" S02°19'10"E 1130.96' LOT 1 NW1/4 SW1/4 P.O.B. "B" a FUTURE RIGHT-OF-WAY aaa PROPOSED 16.5' UTILITY EASEMENT "B" EXISTING 16.5' WIDE UTILITY EASEMENT SI/4 COR SEC I3-88-2E� • SW COR SEC 13-88-2E FD SCM FD SCM EI/4 COR SEC 13-88-2E FO SCM PROPOSED 16.5' UTILITY EASEMENT "A" BEARING / DISTANCE 1 TO 2 N25°17' 00"E 51.08' 2 TO 3 N 14 ° 36' 27" E 314.71' 3 TO 4 N 55 ° 26' 06" E 25.24' 4 TO 5 S 14 ° 36' 27" W 335.35' 5 TO 6 5 25 ° 17' 00" W 129.56' 6 TO 7 5 39 ' 31' 57" W 106.93' 7 TO 8 5 12 ° 33' 59" W 114.21' 8 TO 9 N42°12' 34"W 20.20' 9 TO 10 14 12 ° 33' 59" E 106.52' 10 TO 11 N 39 ° 31' 57" E 108.83' 11 TO 1 14 25 ' 17' 00" E 74.87' PROPOSED 16.5' UTILITY EASEMENT"B" BEARING/ DISTANCE 12 TO 13 N 45 ° 46' 18" E 187.25' 13 TO 14 N 35 ° 53' 42" E 650.48' 14 TO 15 S 65 ° 45' 23" E 16.85' 15 TO 16 S 35 ° 53' 42" W 655.31' 16 TO 17 S 45 ' 46' 18" W 203.45' 17 TO 12 N 02 ° 19' 10" W 22.15' ICHAEL 1. EAGLE 8505 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 under laps__oj/.},he State of Iowa. 144 Y-17- 20 « Oate Is December 31,2014 MICHAEL R. FAGLE' License number 8505 14y license renewal date Pages or sheets covered by this seal: SHEETS I AND 2 OF 2 AECOM S87°52'45"W 2648.81' 0 LEGEND 447.75' M = MEASURED 447.40' R = RECORD • = FD IRON PIN 250 500 750 1000 SCALE IN FEET DATE SIGNED: 3/17/2014 SHEET 1 OF 2 PREPARED BY: MICHAEL R. EAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-5531 ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: O'ROURKE FARMS, L.L.C. COUNTY PARCEL NO. 1513152002 AND 1513300001 PROJECT PARCEL NO. 195A PERMANENT UTILITY EASEMENTS DESCRIPTION: PERMANENT UTILITY EASEMENT "A" PROJECT PARCEL NO. 195A COUNTY PARCEL NOS. 1513152002 AND 1513300001 A PARCEL OF LAND SITUATED IN PART OF LOT 3 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 AND PART OF LOT I OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4,ALL IN SECTION 13, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 13; THENCE NORTH 87° (DEGREES) 49' (MINUTES) 29" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ON THE NORTH LINE OF THE SOUTHWEST I/4 OF SAID SECTION 13,A DISTANCE OF 956.02 FEET TO THE FUTURE RIGHT-OF-WAY LINE OF U.S. HIGHWAY 61, BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE NORTH 25°17'00" EAST ON SAID FUTURE RIGHT-OF-WAY LINE, 51.08 FEET; THENCE NORTH 14°36'27" EAST ON SAID FUTURE RIGHT- OF-WAY LINE, 314.71 FEET; THENCE NORTH 55°26'06" EAST, 25.24 FEET; THENCE SOUTH 14°36'27" WEST, 335.35 FEET; THENCE SOUTH 25°17'00" WEST, 129.56 FEET; THENCE SOUTH 39°31'57" WEST, 106.93 FEET; THENCE SOUTH 12°33'59" WEST, 114.21 FEET TO THE FUTURE RIGHT-OF-WAY LINE OF U.S. HIGHWAY 61; THENCE NORTH 42°12'34" WEST ON SAID FUTURE RIGHT-OF-WAY LINE, 20.20 FEET; THENCE NORTH 12°33'59" EAST ON SAID FUTURE RIGHT-OF-WAY LINE, 106.52 FEET; THENCE NORTH 39°31'57" EAST ON SAID FUTURE RIGHT-OF-WAY LINE, 108.83 FEET; THENCE NORTH 25°17'00" EAST ON SAID FUTURE RIGHT-OF-WAY LINE, 74.87 FEET TO THE POINT OF BEGINNING. CONTAINING 11,073 SQUARE FEET OR 0.25 ACRE. DESCRIPTION: PERMANENT UTILITY EASEMENT "8" PROJECT PARCEL NO. 195A COUNTY PARCEL NO. 1513152002 A PARCEL OF LAND SITUATED IN PART OF LOT I OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 13; THENCE SOUTH 02° (DEGREES) 19' (MINUTES) 10" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ON THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 13,A DISTANCE OF 1,130.96 FEET TO THE FUTURE RIGHT-OF-WAY LINE OF U.S. HIGHWAY 61, BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE NORTH 45°46'18" EAST ON SAID FUTURE RIGHT-OF-WAY LINE, 187.25 FEET; THENCE NORTH 35°53'42" EAST ON SAID FUTURE RIGHT-OF-WAY LINE, 650.48 FEET; THENCE SOUTH 65°45'23" EAST ON SAID FUTURE RIGHT-OF- WAY LINE, 16.85 FEET; THENCE SOUTH 35°53'42" WEST, 655.31 FEET; THENCE SOUTH 45°46'18" WEST,203.45 FEET TO THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 13; THENCE NORTH 02°19'10" WEST ON THE WEST LINE OF THE SOUTHWEST 104 OF SAID SECTION 13,A DISTANCE OF 22.15 FEET TO THE POINT OF BEGINNING. CONTAINING 13,996 SQUARE FEET OR 0.32 ACRE. AECOM SHEET 2 OF 2 CAP NO 1263 N_ 00 Ln UJ ci 0 W W Cr 0 0 U 00 w ,r L, PREPARED BY: MICHAEL R. EAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531 ACQUISITION PLAT NW COR SEC I3 --88-2E SOUTHWEST ARTERIAL FD BROKEN SCM, RESETCITY OF DUBUQUE, DUBUQUE COUNTY IOWA FROM TIES OWNER: O'ROURKE FARMS, L.L.C. COUNTY PARCEL NOS. 1513300001 & 1513300004 NO2°22' 2"W 1329.17' PROJECT PARCEL NO.195A TEMPORARY EASEMENTS FD I -I/4" PIPE NO2°41'19"W 1324.13' LOT 1 SW1/4 NW1/4 SEC 13-88-2E - -1605' WIDE UTILITY LOT 3 SW1 /4 NW1 /4 SEC 13-88-2E EI/4 COR SEC 13-88-2E EASEMENT FD SCM N87°49'29"E 5351.23' LOT 2 E1/2 SW1/4 SEC 13-88-2E LJ 00 co CO Ni C.c.) 00 Ll, 00 00 I.P. 1^I/CAP NO. 12631 Q 0 0 Li P.D.B. 36 TE 1 TEMPORARY EASEMENT 1 TEMPORARY — EASEMENT 3 P. 0.B. --- TEMPORARY _ TE 3 EASEMENT 2 \\ 1e I0 C5.\ --TEMPORARY EASEMENT 5 LOT 1 NW1/4 SW1/4 SEC 13-88-2E LOT 1 P.O.B. E1/2 SW1/4 TE 2 SEC 13-88-2E SIGNED 3/05/2015 I hereby cert!Fy that. this Land Surveying document was prepared by me or under my direct personal supervis ion and that I am a duly 0 tcensed Land Surveyor under the w f' i State of Iowa. 3-t) rqdOir tCHAEL R. FALL[ Date Llc en se number 8505 My Ilcense renewal date Is December 31,2016. Pages or sheets covered by this seal: SHEETS 1, 2, 3 AND 4 OF 4 A COM 0 P.O.B. TE 4 TEMPORARY EASEMENT 4 LEGEND 447.75' M MEASURED 447,40' R = RECORD 200 400 600 800 SCALE IN FEET FD 10P, YELLOW CAP NO. 401E FD 1" DIA PIPE SHEET 1 OF 4 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: O'ROURKE FARMS, L.L.C. COUNTY PARCEL NOS. 1513300001 & 1513300004 PROJECT PARCEL NO. 195A TEMPORARY EASEMENTS TEMPORARY EASEMENT 1 BEARING/ DISTANCE 1 TO 2 N 87 ° 49 ' 29 " E 956.02 2 TO 3 S 25 ° 17 ' 00 " W 74.87 3 TO 4 S 39 ° 31 ' 57 " W 108.83 4 TO 5 S 12 ° 33 ' 59 " W 106.52 5 TO 6 S 42 ° 12 34 " E 319.77 6 TO 7 S 63 ° 43 ' 23 " E 348.35 7 TO 8 S 71°54'38" E 101.16 8 TO 9 N 20°01'06" E 25.45 9 TO 10 S 72° 50'49" E 79.96 10 TO 11 S 14°17'19" W 26.80 11 TO 8 N 71 ° 54'38" W 82.59 TEMPORARY EASEMENT 2 BEARING / DISTANCE 1 TO 2 N 87 ° 49 ' 29 " E 956.02 2 TO 3 S 25° 17'00" W 74.87 3 TO 4 S 39 ° 31 57 " W 108.83 4 TO 5 S 12°33'59" W 106.52 5 TO 6 S 42 ° 12'34" E 319.77 6 TO 7 S 63 ° 43 23 " E 348.35 7 TO 12 S 71°54'38" E 371.85' 12 TO 13 N 87 ° 23 ' 10 " E 128.88 13 TO 14 N 65°32'31" E 171.82 14 TO 15 N 18 ° 22 ' 13 " W 24.63 15 TO 16 N 62°32'17" E 135.35 16 TO 17 5 28°06'38" E 19.16 17 TO 18 S 53°08'23" W 58.03 18 TO 14 S 65 ° 32'31" W 82.33 TEMPORARY EASEMENT 3 BEARING / DISTANCE 1 TO 2 N 87 0 49 ' 29 " E 956.02 2 TO 3 S 25 ° 17'00" W 74.87 3 TO 4 5 39 ° 31 ' 57 " W 108.83 4 TO 5 S 12°33'59" W 106.52 5 TO 6 S 42 ° 12'34" E 319.77 6 TO 7 S 63 ° 43 ' 23 " E 348.35 7 TO 12 S 71 ° 54 ' 38 " E 371.85 12 TO 13 N 87 ° 23 ' 10 " E 128.88 13 TO 18 N 65 ° 32 ' 31 " E 254.15 18 TO 19 N 53 ° 08 ' 23 " E 205.82 19 TO 20 N 52 ° 24 ' 00 " E 100.00 20 TO 21 5 37 ° 35 ' 59 " E 23.26 21 TO 19 S 65 ° 29 ' 34 " W 102.67 AECOM TEMPORARY EASEMENT 4 BEARING / DISTANCE 1 TO 2 N 87 ° 49 ' 29 " E 956.02 2 TO 3 5 25 ° 17'00" W 74.87 3 TO 4 S 39°31'57" W 108.83 4 TO 5 S 12 ° 33 ' 59 11 W 106.52 5 TO 6 S 42 ° 12'34" E 319.77 6 TO 7 S 63 ° 43 ' 23 11 E 348.35 7 TO 12 S 71 ° 54 ' 38 " E 371.85 12 TO 13 N 87°23'10" E 128.88' 13 TO 18 N 65°32'31" E 254.15 18 TO 19 N 53 ° 08 ' 23 " E 205.82 19 TO 22 N 65 ° 29 ' 35 " E 220.72 22 TO 23 N 52 ° 17 ' 10 " E 33.00 23 TO 24 S 37 ° 42 ' 50 " E 320.00 24 TO 25 S 52 ° 17 ' 10 " W 33.00 25 TO 26 S 50 ° 27 ' 08 " W 272.18 26 TO 27 S 72 ° 21 ' 18 " W 292.51 27 TO 28 5 63 ° 05 ' 18 " W 56.86 28 TO 29 S 18 ° 22 ' 13 " E 42.96 29 TO 30 S 72°41'58" W 177.12 30 TO 31 N 09°46'33" W 13.51 31 TO 28 N 63 ° 05 18 " E 177.03 TEMPORARY EASEMENT 5 BEARING/ DISTANCE 1 TO 2 N 87 0 49 ' 29 " E 956.02 2 TO 3 S 25 ° 17'00" W 74.87 3 TO 4 5 39°31'57" W 108.83 4 TO 5 5 12°33'59" W 106.52 5 TO 6 S 42 ° 12'34" E 319.77 6 TO 7 S 63 ° 43 ' 23 " E 348.35 7 TO 12 S 71°54'38" E 371.85' 12 TO 13 N 87 ° 23 ' 10 " E 128.88 13 TO 18 N 65 ° 32 ' 31 " E 254.15 18 TO 19 N 53 ° 08 ' 23 " E 205.82 19 TO 22 N 65 ° 29 ' 35 " E 220.72 22 TO 23 N 52 ° 17 ' 10 " E 33.00 23 TO 24 S 37 ° 42 ' 50 " E 320.00 24 TO 25 S 52 ° 17 ' 10 11 W 33.00 25 TO 26 S 50 ° 27 ' 08 " W 272.18 26 TO 27 S 72 ° 21 18 " W 292.51 27 TO 32 S 63 ° 05 18 " W 498.96 32 TO 33 - S 75 ° 26 ' 07 " W 137.26 33 TO 34 N 71°05'21" W 201.02' 34 TO 35 N 47 ° 20 ' 47 " W 384.57 35 TO 36 N 39 ° 46 ' 38 " W 285.82 36 TO 37 N 65 ° 45 ' 23 " W 383.11 37 TO 38 S 35 ° 53 ' 42 " W 230.17 38 TO 39 5 51 ° 54 ' 09 " E 114.30 39 TO 40 S 38°05'51" W 100.00 40 TO 41 N 51° 54'09" E 110.46 41 TO 38 N 35 ° 53 ' 42 " E 100.07 SHEET 2 OF 4 PREPARED BY: MICHAEL R, EAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-0531 ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: O'ROURKE FARMS, L.L.C. COUNTY PARCEL NOS. 1513300001 & 1513300004 PROJECT PARCEL NO. 195A TEMPORARY EASEMENTS DESCRIPTION: TEMPORARY EASEMENT 1 PROJECT PARCEL NO. 195A COUNTY PARCEL NO. 1513300004 A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF THE EAST 1/2 OF THE SOUTHWEST 1/4, SECTION 13, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 13; THENCE NORTH 87° (DEGREES) 49' (MINUTES) 29" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 13, A DISTANCE OF 956.02 FEET; THENCE SOUTH 25°17'00" WEST, 74.87 FEET; THENCE SOUTH 39°31'57" WEST, 108.83 FEET; THENCE SOUTH 12°33'59" WEST, 106.52 FEET; THENCE SOUTH 42°12'34" EAST, 319.77 FEET; THENCE SOUTH 63°43'23" EAST, 348.35 FEET; THENCE SOUTH 71°54'38" EAST, 101.16 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE NORTH 20°01'06"EAST, 25.45 FEET; THENCE SOUTH 72°50'49" EAST, 79.96 FEET; THENCE SOUTH 14°17'19" WEST, 26.80 FEET; THENCE NORTH 71°54'38" WEST, 82.59 FEET TO THE POINT OF BEGINNING. CONTAINING 2,121 SQUARE FEET OR 0.05 ACRE. DESCRIPTION: TEMPORARY EASEMENT 2 PROJECT PARCEL NO. 195A COUNTY PARCEL NO. 1513300004 A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF THE EAST 1/2 OF THE SOUTHWEST 1/4, SECTION 13, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 13; THENCE NORTH 87° (DEGREES) 49' (MINUTES) 29" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 13, A DISTANCE OF 956.02 FEET; THENCE SOUTH 25°17'00" WEST, 74.87 FEET; THENCE SOUTH 39°31'57" WEST, 108.83 FEET; THENCE SOUTH 12°33'59" WEST, 106.52 FEET; THENCE SOUTH 42°12'34" EAST, 319.77 FEET; THENCE SOUTH 63°43'23" EAST, 348.35 FEET; THENCE SOUTH 71°54'38" EAST, 371.85 FEET; THENCE NORTH 87°23'10" EAST, 128.88 FEET; THENCE NORTH 65°32'31" EAST, 171.82 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE NORTH 18°22'13" WEST, 24.63 FEET; THENCE NORTH 62°32'17" EAST, 135.35 FEET; THENCE SOUTH 28°06'38" EAST, 19.16 FEET; THENCE SOUTH 53°08'23" WEST, 58.03 FEET; THENCE SOUTH 65°32'31" WEST, 82.33 FEET TO THE POINT OF BEGINNING. CONTAINING 3,496 SQUARE FEET OR 0.08 ACRE. DESCRIPTION: TEMPORARY EASEMENT 3 PROJECT PARCEL NO. 195A COUNTY PARCEL NO. 1513300004 A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF THE EAST 1/2 OF THE SOUTHWEST 1/4, SECTION 13, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 13; THENCE NORTH 87° (DEGREES) 49' (MINUTES) 29" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 13, A DISTANCE OF 956.02 FEET; THENCE SOUTH 25°17'00" WEST, 74.87 FEET; THENCE SOUTH 39°31'57" WEST, 108.83 FEET; THENCE SOUTH 12°33'59" WEST, 106.52 FEET; THENCE SOUTH 42°12'34" EAST, 319.77 FEET; THENCE SOUTH 63°43'23" EAST, 348.35 FEET; THENCE SOUTH 71°54'38" EAST, 371.85 FEET; THENCE NORTH 87°23'10" EAST, 128.88 FEET; THENCE NORTH 65°32'31" EAST, 254.15 FEET; THENCE NORTH 53°08'23" EAST, 205.82 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE NORTH 52°24'00" EAST, 100.00 FEET; THENCE SOUTH 37°35'59" EAST, 23.26 FEET; THENCE SOUTH 65°29'34" WEST, 102.67 FEET TO THE POINT OF BEGINNING. CONTAINING 1,163 SQUARE FEET OR 0.03 ACRE. =TOM SHEET 3 OF 4 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: O'ROURKE FARMS, L.L.C. COUNTY PARCEL NOS. 1513300001 & 1513300004 PROJECT PARCEL NO. 195A TEMPORARY EASEMENTS DESCRIPTION: TEMPORARY EASEMENT4 PROJECT PARCEL NO. 195A COUNTY PARCEL NO. 1513300004 A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF THE EAST 1/2 OF THE SOUTHWEST 1/4, SECTION 13, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE WEST 1/4 CORNER OF SAID SECTION 13; THENCE NORTH 87° (DEGREES) 49' (MINUTES) 29" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 13, A DISTANCE OF 956.02 FEET; THENCE SOUTH 25°17'00" WEST, 74.87 FEET; THENCE SOUTH 39°31'57" WEST, 108.83 FEET; THENCE SOUTH 12°33'59" WEST, 106.52 FEET; THENCE SOUTH 42°12'34" EAST, 319.77 FEET; THENCE SOUTH 63°43'23" EAST, 348.35 FEET; THENCE SOUTH 71°54'38" EAST, 371.85 FEET; THENCE NORTH 87°23'10" EAST, 128.88 FEET; THENCE NORTH 65°32'31" EAST, 254.15 FEET; THENCE NORTH 53°08'23" EAST, 205.82 FEET; THENCE NORTH 65°29'35" EAST, 220.72 FEET TO THE PRESENT SOUTHWESTERLY RIGHT-OF-WAY UNE OF OLDE DAVENPORT ROAD; THENCE NORTH 52°17'10" EAST, 33.00 FEET TO THE CENTERLINE OF OLDE DAVENPORT ROAD; THENCE SOUTH 37°42'50" EAST ON SAID CENTERLINE, 320.00 FEET; THENCE SOUTH 52°17'10" WEST, 33.00 FEET TO THE PRESENT SOUTHWESTERLY RIGHT-OF-WAY LINE OF OLDE DAVENPORT ROAD; THENCE SOUTH 50°27'08" WEST, 272.18 FEET; THENCE SOUTH 72°21'18" WEST, 292.51 FEET; THENCE SOUTH 63°05'18" WEST, 56.86 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE SOUTH 18°22'13" EAST, 42.96 FEET; THENCE SOUTH 72°41'58" WEST, 177.12 FEET; THENCE NORTH 09°46'33" WEST, 13.51 FEET; THENCE NORTH 63°05'18" EAST, 177.03 FEET TO THE POINT OF BEGINNING. CONTAINING CONTAINING 4,947 SQUARE FEET OR 0.11 ACRE. DESCRIPTION: TEMPORARY EASEMENT 5 PROJECT PARCEL NO. 195A COUNTY PARCEL NO. 1513300001 A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, SECTION 13, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 13; THENCE NORTH 87° (DEGREES) 49' (MINUTES) 29" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 13, A DISTANCE OF 956.02 FEET; THENCE SOUTH 25°17'00" WEST, 74.87 FEET; THENCE SOUTH 39°31'57" WEST, 108.83 FEET; THENCE SOUTH 12°33'59" WEST, 106.52 FEET; THENCE SOUTH 42°12'34" EAST, 319.77 FEET; THENCE SOUTH 63°43'23" EAST, 348.35 FEET; THENCE SOUTH 71°54'38" EAST, 371.85 FEET; THENCE NORTH 87°23'10" EAST, 128.88 FEET; THENCE NORTH 65°32'31" EAST, 254.15 FEET; THENCE NORTH 53°08'23" EAST, 205.82 FEET; THENCE NORTH 65°29'35" EAST, 220.72 FEET TO THE PRESENT SOUTHWESTERLY RIGHT-OF-WAY LINE OF OLDE DAVENPORT ROAD; THENCE NORTH 52°17'10" EAST, 33.00 FEET TO THE CENTERLINE OF OLDE DAVENPORT ROAD; THENCE SOUTH 37°42'50" EAST ON SAID CENTERLINE, 320.00 FEET; THENCE SOUTH 52°17'10" WEST, 33.00 FEET TO THE PRESENT SOUTHWESTERLY RIGHT-OF-WAY LINE OF OLDE DAVENPORT ROAD; THENCE SOUTH 50°27'08" WEST, 272.18 FEET; THENCE SOUTH 72°21'18" WEST, 292.51 FEET; THENCE SOUTH 63°05'18" WEST, 498.96 FEET; THENCE SOUTH 75°26'07" WEST, 137.26 FEET; THENCE NORTH 71°05'21" WEST, 201.02 FEET; THENCE NORTH 47°20'47" WEST, 384.57 FEET; THENCE NORTH 39°46'38" WEST, 285.82 FEET; THENCE NORTH 65°45'23" WEST, 383.11 FEET; THENCE SOUTH 35°53'42" WEST, 230.17 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE SOUTH 51°54'09" EAST, 114.30 FEET; THENCE SOUTH 38°05'51" WEST, 100.00 FEET; THENCE NORTH 51°54'09" EAST, 110.46 FEET; THENCE NORTH 35°53'42" EAST, 100.07 FEET TO THE POINT OF BEGINNING. CONTAINING 11,238 SQUARE FEET OR 0.26 ACRE. ICOM SHEET 4 OF 4 RESOLUTION NO. 163-15 ACCEPTING GRANT OF EASEMENTS UPON REAL ESTATE OWNED BY O'ROURKE FARMS, L.L.C. IN DUBUQUE COUNTY, IOWA Whereas, the City of Dubuque, Iowa has entered into an Agreement to purchase certain Easements for the Southwest Arterial Project from O'Rourke Farms, L.L.C.; and; Whereas, the terms of the Agreement have been fulfilled. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby accepts the Grant of Easements for the Southwest Arterial Project from O'Rourke Farms, L.L.C. attached hereto. Section 2. The City Manager is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection therewith. Passed, approved and adopted this 18th day of May, 2015. Attest: Kevin S. Firnstahl, Citlerk NIL- ' ,<./ Lynn V. Sutton, Mayor Pro Tem F:\USERS\tsteckle\Lindahl\O'Rourke Farms SW Arterial Condemnation\ResolutionAcceptingGrantOfEasements_051415.doc 051415ba1 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. 163-15 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 19th day of May, 2015. Key i t. Firnstahl, C, City Clerk 111111111111111111111 1111 IllII 11 1111 IllhII Doc ID: 008242350015 Type GEN Kind: PURCHASE AGREEMENT Recorded: 05/20/2015 at 03:34:02 PM Fee Amt: $77.00 Page 1 of 15 Dubuque County Iowa John Murphy Recorder File2015-00006175 RECORDER'S COVER SHEET CORRECTED PURCHASE AGREEMENT Preparer Information: Carroll D. McCracken, JCG Land Services, Inc. 1715 South G. Ave., Nevada, IA 50201 Telephone: (515) 382-1698 Taxpayer Information: City of Dubuque, Iowa, 50 West 13th Street, Dubuque, IA 52001 Return Document To: Barry A. Lindahl, Suite 330, 300 Main Street, Dubuque, IA 52001 Legal Description: See Page 1 of Corrected Purchase Agreement Grantors: O'Rourke Farms, L.L.C. Grantees: City of Dubuque, Iowa 7700 City Deck Return to and prepared by: Carrot D. McCracken, JCG Land Services, Inc., 1715 South G Ave., Nevada, IA 50201 515-382- 1698 CORRECTED PURCHASE AGREEMENT (Replaces Purchase Agreement Recorded on 04/29/15 as Instrument No. 2015-00005018) PARCEL 195A COUNTY Dubuque PROJECT HDP -2100(679)-71-31 NAME SW Arterial SELLER: O'ROURKE FARMS, L.L.C., AN IOWA LIMTED LIABILITY COMPANY THIS AGREEMENT entered into this 14th day of May , 2015 , by and between Seller and the City of Dubuque, Iowa, Buyer. 1 a. 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 1 SW IA NW %; LOT 3 SW'/ NW'/; LOT 1 NW'/ SW'/; SE'/ NW 1/4; AND LOT 1 E% SW 1/4 ALL IN SECTION 13, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., in the County of Dubuque State of Iowa, and more particularly described on the attached plats, including the following buildings, improvements and other property: All land, trees, shrubs, landscaping and surfacing attached to the premises sought and described herein . The Seller also agrees to convey to the Buyer all of the Seller's rights of direct access from the premises to Dubuque Southwest Arterial, excepting and reserving to the Seller the right of access at the following locations: None. The Seller also agrees to convey to the Buyer all of the Seller's rights of direct access from the premises to U.S. Highway 61 Connector Road "B" from Sta. 35+20 to Sta. 40+00+/-, southeasterly, side, excepting and reserving to the Seller the right of access at the following locations: Sta. 35+20, southeasterly side. The Seller also agrees to convey to the Buyer all of the Seller's rights of direct access from the premises to U.S. Highway 61 Ramp D, from Sta. 4517+38.72+/- to Sta. 4534+49, easterly side, excepting and reserving to the Seller the right of access at the following locations: None. 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 $1,077,068.00 on possession and conveyance 90 days after Buyer approval $1,077,068.00 TOTAL LUMP SUM Breakdown Ac./Sq. Ft. Land by Fee Title 43.94 Ac./Sq.Ft. in the name of the State of Iowa Underlying Fee Title 0.44 Ac./Sq.Ft. in the name of the State of Iowa Permanent Easement 0.57 Ac./Sq.Ft. for Utility Purposes/in the name of Century Link Temporary Easement Ac./Sq.Ft. Page 1 050715ba1 4. SELLER WARRANTS that there are no tenants on the premises holding under lease except: Verizon Wireless and Steve Capesius. 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 $150.00 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. 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 6B.52 of the Code of Iowa. 14. Buyer agrees to construct a type "C" entrance at Sta. 35+20 (U.S. Highway 61 Connector Road "B"), southeasterly side. It is understood and agreed all other entrances not listed or allowed in this agreement will be eliminated. 15. It is understood and agreed that Buyer will construct and maintain access control fencing along Dubuque Southwest Arterial from Sta. 353+34.1 to Sta. 364+13.4, both sides, and along U.S. Highway 61 Ramp "D" from Sta. 4520+00 to Sta. 4534+50, northeasterly side. 16. The Sellers grant to the Buyer 5 temporary easements for the purpose of: entrance construction (1 entrances), remove slab (1) and shaping (3). The Right -of -Way Design Plot Plan, attached as a page 4 of this agreement, graphically illustrates the proposed temporary easement area being granted. The temporary easement shall terminate on completion of this highway project. Page 2 050715ba1 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. O'ROURKE FARMS, L.L.C. By: By: Name(Lie, _ Name: This section to be completed by a Notary Public. Both columns must be completed. SELLER'S ACKNOWLEDGMENT STATE OF NEW. -p,0% COUNTY OF GI_A' & } } ss: �h On this le day of to A'f , A.D. 20 t before me, the undersigned, a Notary Public in and for said State, personally appeared P I\ 14 L 0' 9,14:6 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 the person(s) acted, executed the instrument. 5- " vw'vs_ 7 (Sign in Ink) 51%RA 1. (%-lot£ NpiNI (Print/Type Name) Notary Public in and for the State of N P.OA My commission expires JULY 16 Zai CAPACITY CLAIMED BY SIGNER: 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) NOTARY PUBLIC STATE Of NEVADA County of Clark SARA J. FAGNANT Appt. No. 08-7591-1 My Appt. Expires July 15, 2018 BUYER'S ACKNOWLEDGMENT STATE OF IOWA: ss: On this 19 day of M Pc -t-4 , 20 I'S, before me, the undersigned, personally appeared C 145 Psi 40\4o S ` , known to me to be the of Buyer and who did say that said instrument was signed on behalf of Buyer by 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 APPROVAL (R .1/4W S Recommend Right of W S-14-15 (Date) Notary Public in and for the State of Iowa LYNN M. SCHLUETER Notarial Seal - IOWA Commission Number - 744354,0 _ My Commission Expires L�- l 1 Approved by: City of Dubuque, Iowa 050715ba1 Page 3 OWNERa IOWA DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT 9 0— 9LAN O'ROURKE FARMS, L.L.C. PARCEL NIC), o ( 95 05/05/14 revised 01/22/15 SECTION. 13 T 88 N—R SCALE: I "- 600' C Y 0 D B Q 2 E. WeD.OR EASEMENT LINE ACCESS LOCATION POINT: PROPERTY LINE: LEGEND 4110 LOT 1-1 SE1/4 SE1/4 N LOT 2 NE1/4 NE1/4 1 LOT 1 SW1/4 N61/4E7--\ SOS .7 SRO LOT SE1/4 NE1)4 LOT 2 NW1/4 SW1/4 / /(-0-, 4532+50 .�✓ py 6495'± Ex, R/W AS /,/-r �/ O� *�, PC 4527+2303 ��rSb a 6500' �, 4525+30 A000111 6300' ://////f ,4524+55.0 �`�1S _1 SE1/4 NW1/4 4521+00 X100` 3 374+5075+50 /, // // // // / UT[LITT EASEMENT (TYR.1 NE1/4 N'N1/4 4533+07,43 6527'±Ex, R/W 367+80 371+00 200' 6140' 368+80 62,90' CENTER SECTION 10-88-2 TEMPORARY EASEMENTS TO SHAPE 6150'1 380+48056±6 6150' 380+48,56±6 LOT 2 EHLERS PLACE 380+15.6±6 30+81.9± 100' ✓. R P LOT 2-2 SE1/4 -T-EMPORARY--EASEMENT TO CONSTRUCT ENTRANCE 31+50 6 12 5' (6.5'PERMANENT EASEMENT FOR UTILITY (TYP.) 6320' 367+4803± 1/4 Seco Line 6295' COUNTY DUBUQUE COUNTY N PROJECT NO HDP -2100(679)--71-31 PREPARED RYA MICHAEL R. EAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531 ACQUISITION PLAT NW COR SEC 13-88-2E SOUTHWEST ARTERIAL \4, FD BROKEN SCM, RESET CITY OF DUBUQUE, DUBUQUE COUNTY IOWA FROM TIES ' OWNER: O'ROURKE FARMS, L.L.C. COUNTY PARCEL NOS. 1513152001, 1513152002, 1513300001 & 1513300004 NO2°22'12"W 1324.17' PROJECT PARCEL NO.195A-1 FD 1-1/4" PIPE \ LOT 1 SW1/4 NW1/4 SEC 13-88-2E N77°00'06"E 48.86' NO2 °41'19"W 1324,13'\ N38°27'50"E 59536' N45°04'43"E 199.84' R=990,61' L=67,67' CH=N33°14'49"E / 67.65' N35°11 '58"E 521,10' LOT 3 SW1/4 NW1 /4 SEC 13-88-2E S02°19'10"E 215.14' SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. COUNTY PARCEL NO. 1513152001 = 1,338 SQ. FT, COUNTY PARCEL NO, 1513152002 = 423,700 SQ. FT. COUNTY PARCEL NO, 1513300001 = 802,193 SQ. FT. COUNTY PARCEL NO, 1513300004 = 485,333 SQ, FT. OF WHICH 10,560 SQ. FT. IS EXISTING RIGHT-OF-WAY S23°42'05"W 245,79' R=705,00' L=246.65' CH=504 °03'28"W 244,41' /7 S 14 °31'55"E 267.26 ii 16.5' WIDE UTILITY 01/4 COR SEC 13-88-2E I EASEMENT FD SCM 514°36'27"W 314.71' �� N87°49'29"E ✓' 1 OF 5351.23' 5251 ° 17'00"W 2595' L� ------ - ,1 = LOT 2 i R=1468.16' S39°31'57"W 108,83' p 01/2 SW1 /4 L=304.45' S12°33'59'W 106°52' 9� SEC 13-88-20! CH=N41°08'24"E �— 0,0,8 1 303.91 /j 542°12'34"E 319,77' \ N52 ° 17' 10"E N65°45'23"W -563°43'23"E \ 33°00 —:1 383.11' / ! 348,35' N65°29'35"E 220,72' N53°08'23"E 20582' S71°54'38"E 371,85' N65°32'31"E S52 17'10"W 254,15' 33.00' S50 °27'08"W El /L20Tsw1i /4 292.51' 537°42'50"E 320.00' LOT 1 NW1/4 SW1/4 SEC 13-88-2E S35°53'42"W 650.48' 128,88' SEC 13-88-2E N39°46'38"W 285.82' FD I .P. W/ S63°05'18"W YELLOW 498,96' CAP NO. 4016 545°46'18"W 187.25' N47°20'47"W 384.57' 1 hereby certify that this Land Surveying document was prepared by me or under my direct personal supervision and that 1 am a duly Licensed Land Surveyor und-r t.e law -.f he State of Iowa. s -z- 2014 1CHAEL R. FA Date License number 8505 My license renewal date Is December 31,2014 Pages or sheets covered by this seal: SHEETS 1 AND 2 OF 2 A COM 575°26'07"W 137.26' N71°05'21"W 201,02' 0 FD 1" DIA PIPE LEGEND 447.75' M = MEASURED 447,40' R = RECORD 200 400 600 800 REVISED 05-02-14 REVISED 03-12-14 REVISED 02-13-10 REVISED 09-21-09 SCALE IN FEET SHEET 1 OF 2 PREPARED 574 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: O'ROURKE FARMS, L.L.C. COUNTY PARCEL NOS. 1513152001, 1513152002, 1513300001 & 1513300004 PROJECT PARCEL NO. 195A-1 DESCRIPTION; FEE SIMPLE ACQUISITION PROJECT PARCEL NO 195A-1 COUNTY PARCEL NOS. 1513152001,1513!52002,1513300001 AND 1513300004 A PARCEL OF LAND SITUATED IN PART OF LOT I OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, PART OF LOT 3 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, PART OF LOT I OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, AND PART OF LOT 1 OF THE EAST 1/2 OF THE SOUTHWEST 1/4, ALL IN SECTION 13, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 135 THENCE SOUTH 02° (DEGREES) 19' (MINUTES) 10" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE VVEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 13,A DISTANCE OF 21524 FEET TO THE PRESENT SOUTHEASTERLY RIGHT-OF- WAY LINE OF U.S,HIGHWAY 61, BEI NG THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCR I BED; THENCE NORTHEASTERLY ON SAID SOUTHEASTERLY RIGHT-OF-WAY LINE,BEI'NG A 1,468.16 -FOOT RADIUS CURVE CONCAVE NORTHWESTERLY AND HAVING A 303.91 -FOOT LONG CHORD BEARING NORTH 41°08'24" EAST, 304,45 FEET (ARC LENGTH); THENCE NORTH 35°11'58" EAST ON SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, 521.10 FEET; THENCE NORTHEASTERLY ON SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, BEING A 990.61 -FOOT RADIUS CURVE CONCAVE NORTHWESTERLY AND HAVING A 67.65 -FOOT LONG CHORD BEARING NORTH 33°14'49" EAST, 67,67 FEET (ARC LENGTH); THENCE NORTH 45°04'43" EAST ON SAID SOUTHEASTERLY RIGHT- OF-WAY LINE, 199.84 FEET; THENCE NORTH 38°27'50" EAST ON SAID SOUTHEASTERLY RIGHT--OF-WAY LINE, 595.36 FEET; THENCE NORTH 77°00'06" EAST ON SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, 48.86 FEET; THENCE SOUTH 23°42'05" WEST, 245,79 FEET; THENCE SOUTHERLY ON A 705.00 -FOOT RADIUS CURVE CONCAVE EASTERLY AND HAVING A 244.41 -FOOT LONG CHORD BEARING SOUTH 04°03'28" WEST, 246,65 FEET (ARC LENGTH); THENCE SOUTH 14°31'55" EAST, 267.26 FEET; THENCE SOUTH 14°36'27" WEST, 314,71 FEET; THENCE SOUTH 25°17'00" WEST, 125.95 FEET; THENCE SOUTH 39°31'57" WEST, 108.83 FEET; THENCE SOUTH 12°33'59" WEST, 106.52 FEET; THENCE SOUTH 42°12'34" EAST, 319.77 FEET; THENCE SOUTH 63°43'23" EAST, 348.35 FEET; THENCE SOUTH 71°54'38' EAST, 371.85 FEET; THENCE NORTH 87°23'10" EAST, 128,88 FEET; THENCE NORTH 65°32'31" EAST, 254.15 FEET; THENCE NORTH 53°08'23" 2421,205.82 FEET; THENCE NORTH 65°29'35" 2451, 220,72 FEET TO THE PRESENT SOUTHWESTERLY RIGHT-OF-WAY LINE OF OLDE DAVENPORT ROAD; THENCE NORTH 52°17'10" EAST, 33.00 FEET TO THE CENTERLINE OF OLDE DAVENPORT ROAD; THENCE SOUTH 37°42'50" EAST ON SAID CENTERLINE, 320.00 FEET; THENCE SOUTH 52°17'10" WEST, 33.00 FEET TO THE PRESENT SOUTHWESTERLY RIGHT-OF-WAY LINE OF OLDE DAVENPORT ROAD; THENCE SOUTH 50°27'08" WEST, 272.18 FEET; THENCE SOUTH 72°21'18" WEST, 292,51 FEET; THENCE SOUTH 63°05'18" WEST, 498,96 FEET; THENCE SOUTH 75°26'07" WEST, 137,26 FEET; THENCE NORTH 71°05'21" WEST, 201,02 FEET; THENCE NORTH 47°20'47" WEST, 384,57 FEET; THENCE NORTH 39°46'38" WEST, 285.82 FEET; THENCE NORTH 65°45'23" WEST, 383.11 FEET; THENCE SOUTH 35°53'42" WEST, 650.48 FEET; THENCE SOUTH 45°46'18" 'WEST, 187.25 FEET TO THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 13; THENCE NORTH 02°19'10" WEST ON SAID WEST LINE, 915.82 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD. HEREINAFTER TO BE KNOWN AS LOT A OF LOT I OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 AND OF LOT 3 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 AND OF LOT I OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND OF LOT I OF THE EAST 1/2 OF THE SOUTHWEST I/4,ALL IN SECTION 13, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 1,712,564 SQUARE FEET OR 39.32 ACRES OF WHICH 10,560 SQUARE FEET OR 0.24 ACRE 15 EXISTING RIGHT-OF-WAY. COUNTY PARCEL NO. 1513152001 - LOT I OF THE SWI/4 OF THE NWI/4, SEC. 13-88-2E, CONTAINS 1,338 SQUARE FEET OR 0.03 ACRE. COUNTY PARCEL NO. 1513152002 - LOT 3 OF THE SWI/4 OF THE NWI/4, SEC. 13-88-2E, CONTAINS 423,700 SQUARE FEET OR 9.73 ACRES. COUNTY PARCEL NO. 1513300001 - LOT I OF THE NWI/4 OF THE SWI/4, SEC. 13-88-2E, CONTAINS 802,193 SQUARE FEET OR 18.42 ACRES, COUNTY PARCEL NO. 1513300004 - LOT 1 OF THE 81/2 OF THE SWI/4, SEC. 13-88-2E, CONTAINS 485,333 SQUARE FEET OR 11014 ACRES OF WHICH 10,560 SQUARE FEET OR 0.24 ACRE IS EXISTING RIGTH-OF-WAY. AECOM REVISED 05-02-14 REVISED 03-12-14 REVISED 02-13-10 REVISED 09-21-09 SHEET 2 OF 2 PREPARED BY, MICHAEL R. EAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, NW COR SEC 13-88-2E FD BROKEN S.C.M., RESET S.C.M FROM EXISTING TIES NO2°22'12"W 1324.17' SW COR SWI/4 NWI/4 SEC 13-88-2E FD I-1/4" PIPE ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: O'ROURKE FARMS, L.L.C. COUNTY PARCEL NO. 1513152001, 1513152002 & 1513176001 PROJECT PARCEL NO. 195A-2 319-232-6531 N87°54'58"E 2700.51' LOT 1 SWI/4 NWI/4 SEC 13-88-2E N77°00'06"E 74.80' NI/4 COR SEC 13-88-2E FD I" DIA. IRON PIN S71°09'18"E 137.52' N53°06'04"E 33.00' S36°53'56"E 42.88' N53°06'04"E 33.00' S36°53'56"E 138.04' NO2°41'19"W 1324.13' WI/4 COR SEC 13-88-2E FD 1/2 " REBAR/RED PLASTIC CAP NO. 12631 LOT 2 NWI/4 SWI/4 N23°42'05"E 245.79' EI/2 NWI/4 R=705.00'6=246.65' CH=N04°03'28'E 244.41 NI44°31'55"W 267.26' P.O.B. LOT 3 SWI/4 NWI/4 SEC 13-88-2E N87°49'29"E 956.02' 1 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 under the Jaws of pfid State of Iowa. 1 -ZZ -24(5 - MICHAEL R. FAGLE Date License number 85 5 My license renewal date is December 31,2016 Pages or sheets covered by this seal: SHEETS 1 AND 2 OF 2 AECOM FUTURE R/W S53°06'04"W 66.00' S13°01'03"W 265.20' SE I/4 NWI/4 SEC 13-88-26 S40°03'32"W 278.11' 16.5' WIDE UTILITY EASEMENT S55°26'06"W 148.12' N14°36'27"E 314.71' �— N25° 17'00"E 51.08' N87°49'29"E 5351.23' EI/4 COR SEC 13-88-2E FD S.C.M. SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. COUNTY PARCEL NO. 1513152001 = 14,504 SQ. FT. COUNTY PARCEL NO. 1513152002 = 164,818 SQ. FT. COUNTY PARCEL NO. 1513176001 = 42,762 SQ. FT. OF WHICH 10,526 SQ. FT. IS EXISTING RIGHT-OF-WAY LEGEND 447,75' M = MEASURED 447,40' R = RECORD 0 200 400 600 800 SCALE IN FEET REVISED 1/22/2015 REVISED 5/022014 REVISED 3/12/2014 SHEET 1 OF 2 PREPARED BY: MICHAEL R. EAGLE, AECOMH, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 315-232-6531 ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: O'ROURKE FARMS, L.L.C. COUNTY PARCEL NO. 1513152001, 1513152002 & 1513176001 PROJECT PARCEL NO. 195A-2 DESCRIPTION: FEE SIMPLE ACQUISITION PROJECT PARCEL NO.195A-2 COUNTY PARCEL NOS. 1513152001, 1513152002 AND 1513176001 A PARCEL OF LAND SITUATED IN PART OF LOT I OF THE SOUTHWEST 1/4 OF THE NORTHWEST I/4„ PART OF LOT 3 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, AND PART OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4, ALL IN SECTION 13, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M.,COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 13; THENCE NORTH 87° (DEGREES) 49' (MINUTES) 29" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ON THE SOUTH LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13, A DISTANCE OF 956.02 FEET; THENCE NORTH 25°17'00" EAST, 51.08 FEET; THENCE NORTH 14°36'27" EAST, 314.71 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE NORTH 14°31'55" WEST, 267.26 FEET; THENCE NORTHEASTERLY ON A 705.00 -FOOT RADIUS CURVE CONCAVE EASTERLY AND HAVING A 244.41 -FOOT LONG CHORD BEARING NORTH 04°03'28" EAST, 246.65 FEET (ARC LENGTH); THENCE NORTH 23°42'05" EAST, 245.79 FEET TO THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 61; THENCE NORTH 77°00'06" EAST ON THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 61, A DISTANCE OF 74.80 FEET; THENCE SOUTH 71°09'18" EAST ON THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 61, ALSO BEING THE PRESENT SOUTHWESTERLY RIGHT-OF-WAY LINE OF OLDE DAVENPORT ROAD, 137.52 FEET; THENCE NORTH 53°06'04" EAST, 33.00 FEET TO THE CENTERLINE OF OLDE DAVENPORT ROAD; THENCE SOUTH 36°53'56" EAST ON SAID CENTERLINE, 42.88 FEET; THENCE NORTH 53°06'04" EAST, 33.00 FEET TO THE PRESENT NORTHEASTERLY RIGHT-OF-WAY LINE OF OLDE DAVENPORT ROAD; THENCE SOUTH 36°53'56" EAST ON THE PRESENT NORTHEASTERLY RIGHT-OF-WAY LINE OF OLDE DAVENPORT ROAD, 138.04 FEET; THENCE SOUTH 53°06'04" WEST, 66.00 FEET TO THE PRESENT SOUTHWESTERLY RIGHT-OF-WAY LINE OF OLDE DAVENPORT ROAD; THENCE SOUTH 13°01'03" WEST, 265.20 FEET; THENCE SOUTH 40°03'32" WEST, 278,1 I FEET; THENCE SOUTH 55°26'06" WEST, 148.12 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD. HEREINAFTER TO BE KNOWN AS LOT B OF LOT I OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 AND OF LOT 3 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 AND THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4, ALL IN SECTION 13, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 222,084 SQUARE FEET OR 5.10 ACRES OF WHICH 10,526 SQUARE FEET OR 0.24 ACRE IS EXISTING RIGHT-OF-WAY. COUNTY PARCEL NO. 1513152001 - LOT I OF THE SWI/4 OF THE NWI/4, SEC. 13-88-2E, CONTAINS 14,504 SQUARE FEET OR 0.33 ACRE. COUNTY PARCEL NO. 1513152002 - LOT 3 OF THE SWI/4 OF THE NWI/4, SEC. 13-88-2E, CONTAINS 164,818 SQUARE FEET OR 3.79 ACRES. COUNTY PARCEL NO. 1513176001 - SEI/4 OF THE NWI/4, SEC. 13-88-2E, CONTAINS 42,762 SQUARE FEET OR 0.98 ACRE OF WHICH 10,526 SQUARE FEET OR 0.24 ACRE IS EXISTING RIGHT-OF-WAY. AECOM REVISED 1,22/2015 REVISED 5/02,2014 REVISED 3/122014 SHEET 2 OF 2 PREPARED BY: MICHAEL R. FABLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531 ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: O'ROURKE FARMS, L.L.C. COUNTY PARCEL NO. 1513152002 AND 1513300001 PROJECT PARCEL NO. 195A PERMANENT UTILITY EASEMENTS LOT 1 SW1/4 NW1/4 WI/4 COR SEC 13-88-2E FD REBAR W/RED CAP NO. 12631 LOT 2 NW1/4 SW1/4 OF -WAY N87°49'29"E 5351.23' N87°49'29"E 956.02' LOT 3 i SW1/4 NW1/4 • s O.B. S02°19'10"E 1130.96' EXISTING 16.5' WIDE UTILITY EASEMENT EI/4 COR SEC 13-88-2E ... ...... .1./"—FD SCM © PROPOSED 16.5' O UTILITY EASEMENT "A" ® ♦12D ♦ ♦ NWI/40TSW1/4 `♦w— FUTURE RIGHT-OF-WAY PROPOSED 16.5' P.O.B. " UTILITY EASEMENT "8" EXISTING 16.5' WIDE UTILITY EASEMENT PROPOSED 16.5' UTILITY EASEMENT "A" BEARING/ DISTANCE 1 TO 2 N25°17' 00"E 51.08' 2 TO 3 N14°36' 27"E 314.71' 3 TO 4 N 55 ° 26' 06" E 25.24' 4 TO 5 S 14 ' 36' 27" W 335.35' 5 TO 6 S 25 ° 17' 00" W 129.56' 6 TO 7 S 39 ° 31' 57" W 106.93' 7 TO 8 S12°33' 59"W 114.21' 8 TO 9 N 42 ° 12' 34" W 20.20' 9 TO 10 N 12 ° 33' 59" E 106.52' 10 TO 11 N 39 ° 31' 57" E 108.83' 11 TO 1 N 25 ° 17 00" E 74.87' PROPOSED 16.5' UTILITY EASEMENT "B" BEARING/ DISTANCE 12 TO 13 N 45 ° 46 18" E 187.25' 13 TO 14 N 35 ° 53' 42" E 650.48' 14 TO 15 S 65 ° 45' 23" E 16.85' 15 TO 16 S 35 ° 53' 42" W 655.31' 16 TO 17 S 45 ° 46' 18" W 203.45' 17 TO 12 N 02 ' 19' 10" W 22.15' SI/4 COR SEC 13-88-2E SW COR SEC 13-88-2E FD SCM FD SCM _.-._._ .................. --- ✓ .::-: 1 hereby certify that this Land Surveying document vas prepared by me or under my direct personal supervision and that I am a duly Licensed Land Surveyor umnderatheila leyso e State of Iowa, MICHAEL R. FAGL Date License number 8505 My license reneval date Is December 31,2014 Pages or sheets covered by this seal: SHEETS 1 AND 2 OF 2 AECOM S87°52'45"W 2648.81' 0 LEGEND 447.75' M = MEASURED 447.40' R = RECORD • = FD IRON PIN 250 500 750 1000 SCALE IN FEET DATE SIGNED: 317/2014 SHEET 1 OF 2 PREPARED BY: MICHAEL R. EAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-8531 ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: O'ROURKE FARMS, L.L.C. COUNTY PARCEL NO. 1513152002 AND 1513300001 PROJECT PARCEL NO. 195A PERMANENT UTILITY EASEMENTS DESCRIPTION: PERMANENT UTILITY EASEMENT "A" PROJECT PARCEL NO. 195A COUNTY PARCEL NOS. 1513152002 AND 1513300001 A PARCEL OF LAND SITUATED IN PART OF LOT 3 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 AND PART OF LOT I OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4,ALL IN SECTION 13, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST I/4 CORNER OF SAID SECTION 13; THENCE NORTH 87° (DEGREES) 49' (MINUTES) 29" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 13, A DISTANCE OF 956.02 FEET TO THE FUTURE RIGHT-OF-WAY LINE OF U.S. HIGHWAY 61, BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE NORTH 25°17'00" EAST ON SAID FUTURE RIGHT-OF-WAY LINE, 51.08 FEET; THENCE NORTH 14°36'27" EAST ON SAID FUTURE RIGHT- OF-WAY LINE, 314.71 FEET; THENCE NORTH 55°26'06" EAST, 25.24 FEET; THENCE SOUTH 14°36'27" WEST, 335.35 FEET; THENCE SOUTH 25°17'00" WEST, 129.56 FEET; THENCE SOUTH 39°31'57" WEST, 106.93 FEET; THENCE SOUTH 12°33'59" WEST, 114.21 FEET TO THE FUTURE RIGHT-OF-WAY LINE OF U.S. HIGHWAY 61; THENCE NORTH 42°12'34" WEST ON SAID FUTURE RIGHT-OF-WAY LINE, 20.20 FEET; THENCE NORTH 12°33'59" EAST ON SAID FUTURE RIGHT-OF-WAY LINE, 106.52 FEET; THENCE NORTH 39°31'57" EAST ON SAID FUTURE RIGHT-OF-WAY LINE, 108.83 FEET; THENCE NORTH 25°17'00" EAST ON SAID FUTURE RIGHT-OF-WAY LINE, 74.87 FEET TO THE POINT OF BEGINNING. CONTAINING 11,073 SQUARE FEET OR 0.25 ACRE. DESCRIPTION: PERMANENT UTILITY EASEMENT "B" PROJECT PARCEL NO. 195A COUNTY PARCEL NO. 1513152002 A PARCEL OF LAND SITUATED IN PART OF LOT I OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 13; THENCE SOUTH 02° (DEGREES) 19' (MINUTES) 10" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 13, A DISTANCE OF 1,130.96 FEET TO THE FUTURE RIGHT-OF-WAY LINE OF U.S. HIGHWAY 61, BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE NORTH 45°46'18" EAST ON SAID FUTURE RIGHT-OF-WAY LINE, 187.25 FEET; THENCE NORTH 35°53'42" EAST ON SAID FUTURE RIGHT-OF-WAY LINE, 650.48 FEET; THENCE SOUTH 65°45'23" EAST ON SAID FUTURE RIGHT-OF- WAY LINE, 16.85 FEET; THENCE SOUTH 35°53'42" WEST, 655.31 FEET; THENCE SOUTH 45°46'18" WEST, 203.45 FEET TO THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 13; THENCE NORTH 02°19'10" WEST ON THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 13, A DISTANCE OF 22.15 FEET TO THE POINT OF BEGINNING. CONTAINING 13,996 SQUARE FEET OR 0.32 ACRE. AECOM SHEET 2 OF 2 PREPARED BY: MICHAEL R. FAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531 ACQUISITION PLAT NW COR SEC 13-88-2E SOUTHWEST ARTERIAL FD BROKEN SCM, RESE T CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA FROM TIES OWNER: O'ROURKE FARMS, L.L.C. COUNTY PARCEL NOS. 1513300001 & 1513300004 NO2°22'12"W 1324.17' PROJECT PARCEL NO. 195A FD /4" PIPE TEMPORARY EASEMENTS NO2°41'19"W 1324,13 LOT 1 SW1/4 NW1/4 SEC 13-88-2E LOT 3 SW1/4 NW1/4 SEC 13-88-2E 16.5' WIDE UT EASEMENT LITY EI/4 COR SEC 13-88-2E FD SCM N87°49'29"E 5351.23' LOT 2 E1/2 SW1/4 SEC 13-88-2E TEMPORARY EASEMENT 1 SWI/4 SEC w z_ J 00 W/CAP NO, 12631 P.U.B. TE 1 TEMPORARY EASEMENT 3 P.O.B. TE 3 TEMPORARY EASEMENT 2 TEMPORARY EASEMENT 5 SIGNED 3/05/2015 LOT 1 NW1/4 SW1/4 SEC 13-88-2E LOT 1 E1/2 SW1/4 SEC 13-88-2E P.O.B. — TE 2 ICHAEL R. :0 EAGLE 8505 . 1 hereby certify that this Land Surveying document was prepared by me or under my direct personal supervision and that 1 am a duly Licensed Land Surveyor under, the i.w f ` v State of Iowa. ICHAEL R. EAGLE f Date License number 8505 (0 license renewal date Is December 31,2016 Pages or sheets covered by this seal: SHEETS 1, 2, 3 ANO 4 OF 4 A COM P.O.B. TE 4 TEMPORARY EASEMENT 4 LEGEND 447.75' M = MEASURED 447,40' R = RECORD 0 200 400 600 800 SCALE IN FEET FD I.P. YELLOW CAP NO. 401E FD 1" DIA PIPE SHEET 1 OF 4 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: O'ROURKE FARMS, L.L.C. COUNTY PARCEL NOS. 1513300001 & 1513300004 PROJECT PARCEL NO. 195A TEMPORARY EASEMENTS TEMPORARY EASEMENT 1 BEARING! DISTANCE 1 TO 2 N 87 ° 49 ' 29 " E 956.02 2 TO 3 5 25 ° 17 ' 00 " W 74.87 3 TO 4 S 39 ° 31 ' 57 " W 108.83 4 TO 5 5 12 ° 33 ' 59 " W 106.52 5 TO 6 5 42 ° 12 ' 34 " E 319.77 6 TO 7 5 63 ° 43 ' 23 " E 348.35 7 TO 8 S 71°54'38" E 101.16 8 TO 9 N 20 ° 01'06" E 25.45 9 TO 10 5 72 ° 50'49" E 79.96 10 TO 11 5 14 ° 17'19" W 26.80 11 TO 8 N 71 ° 54 ' 38 " W 82.59 TEMPORARY EASEMENT 2 BEARING / DISTANCE 1 TO 2 N 87 ° 49 " 29 " E 956.02 2 TO 3 5 25 ° 17'00" W 74.87 3 TO 4 S 39°31'57" W 108.83 4 TO 5 S 12 ° 33 ' 59 " W 106.52 5 TO 6 S 42 ° 12'34" E 319.77 6 TO 7 S 63 ° 43 ' 23 " E 348.35 7 TO 12 S 71 ° 54 ' 38 " E 371.85 12 TO 13 N 87 ° 23 ' 10 " E 128.88 13 TO 14 N 65°32'31" E 171.82 14 TO 15 N 18 ° 22 ' 13 " W 24.63 15 TO 16 N 62 ° 32 ' 17 " E 135.35 16 TO 17 5 28°06'38" E 19.16 17 TO 18 S 53008'23" W 58.03 18 TO 14 5 65 ° 32'31" W 82.33 TEMPORARY EASEMENT 3 BEARING / DISTANCE 1 TO 2 N 87 0 49 ' 29 " E 956.02 2 TO 3 S 25 ° 17 ' 00 " W 74.87 3 TO 4 S 39031'57" W 108.83 4 TO 5 5 12033'59" W 106.52 5 TO 6 S 42012'34" E 319.77 6 TO 7 S 63 ° 43 ' 23 " E 348.35 7 TO 12 S 71 ° 54 ' 38 " E 371.85 12 TO 13 N 87 0 23 ' 10 " E 128.88 13 TO 18 N 65 0 32 ' 31 " E 254.15 18 TO 19 N 53 0 08 ' 23 " E 205.82 19 TO 20 N 52 ° 24 ' 00 " E 100.00 20 TO 21 S 37 0 35 59 " E 23.26 21 TO 19 S 65°29'34" W 102.67 A COM TEMPORARY EASEMENT 4 BEARING / DISTANCE 1 TO 2 N 87 0 49 ' 29 " E 956.02 2 TO 3 S 25 ° 17'00" W 74.87 3 TO 4 5 39 ° 31 ' 57 " W 108.83 4 TO 5 S 12 ° 33 ' 59 " W 106.52 5 TO 6 S 42 ° 12 ' 34 " E 319.77 6 TO 7 S 63 0 43 ' 23 " E 348.35 7 TO 12 S 71 ° 54 ' 38 " E 371.85 12 TO 13 N 87°23'10" E 128.88' 13 TO 18 N 65°32'31" E 254.15 18 TO 19 N 53 0 08 ' 23 " E 205.82 19 TO 22 N 65 ° 29 ' 35 " E 220.72 22 TO 23 N 52017'10" E 33.00' 23 TO 24 S 37°42'50" E 320.00' 24 TO 25 S 52° 17'10" W 33.00' 25 TO 26 5 50 ° 27 ' 08 " W 272.18 26 TO 27 S 72°21'18" W 292.51' 27 TO 28 S 63 ° 05 ' 18 " W 56.86 28 TO 29 5 18022'13" E 42.96 29 TO 30 S 72 ° 41 ' 58 " W 177.12 30 TO 31 N 09046'33" W 13.51 31 TO 28 N 63°05'18" E 177.03' TEMPORARY EASEMENT 5 BEARING / DISTANCE 1 TO 2 N 87 0 49 ' 29 " E 956.02 2 TO 3 S 25°17'00" W 74.87 3 TO 4 S 39031'57" W 108.83 4 TO 5 S 12033'59" W 106.52 5 TO 6 S 42012'34" E 319.77 6 TO 7 S 63 0 43 ' 23 " E 348.35 7 TO 12 S 71 ° 54 ' 38 " E 371.85 12 TO 13 N 87° 23'10" E 128.88' 13 TO 18 N 65032'31" E 254.15' 18 TO 19 N 53°08'23" E 205.82' 19 TO 22 N 65 0 29 ' 35 " E 220.72 22 TO 23 N 52 0 17 ' 10 " E 33.00 23 TO 24 S 37 ° 42 ' 50 " E 320.00 24 TO 25 5 52 ° 17 ' 10 " W 33.00 25 TO 26 S 50 ° 27 ' 08 " W 272.18 26 TO 27 S 72°21'18" W 292.51' 27 TO 32 S 63°05'18" W 498.96' 32 TO 33 S 75 0 26 ' 07 " W 137.26 33 TO 34 N 71 ° 05 ' 21 " W 201.02 34 TO 35 N 47 0 20 ' 47 " W 384.57 35 TO 36 N 39 ° 46 ' 38 " W 285.82 36 TO 37 N 65 0 45 ' 23 " W 383.11 37 TO 38 S 35053'42" W 230.17' 38 TO 39 5 51 0 54 ' 09 " E 114.30 39 TO 40 S 38 0 05 ' 51 " W 100.00 40 TO 41 N 51054'09" E 110.46 41 TO 38 N 35 ° 53 ' 42 " E 100.07 SHEET 2 OF 4 PREPARE❑ 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: O'ROURKE FARMS, L.L.C. COUNTY PARCEL NOS. 1513300001 & 1513300004 PROJECT PARCEL NO. 195A TEMPORARY EASEMENTS DESCRIPTION: TEMPORARY EASEMENT 1 PROJECT PARCEL NO. 195A COUNTY PARCEL NO. 1513300004 A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF THE EAST 1/2 OF THE SOUTHWEST 1/4, SECTION 13, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 13; THENCE NORTH 87° (DEGREES) 49' (MINUTES) 29" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 13, A DISTANCE OF 956.02 FEET; THENCE SOUTH 25°17'00° WEST, 74.87 FEET; THENCE SOUTH 39°31'57" WEST, 108.83 FEET; THENCE SOUTH 12°33'59" WEST, 106.52 FEET; THENCE SOUTH 42°12'34" EAST, 319.77 FEET; THENCE SOUTH 63°43'23" EAST, 348.35 FEET; THENCE SOUTH 71°54'38" EAST, 101.16 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE NORTH 20°01'06"EAST, 25.45 FEET; THENCE SOUTH 72°50'49" EAST, 79.96 FEET; THENCE SOUTH 14'17'19" WEST, 26.80 FEET; THENCE NORTH 71°54'38" WEST, 82.59 FEET TO THE POINT OF BEGINNING. CONTAINING 2,121 SQUARE FEET OR 0.05 ACRE. DESCRIPTION: TEMPORARY EASEMENT 2 PROJECT PARCEL NO. 195A COUNTY PARCEL NO. 1513300004 A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF THE EAST 1/2 OF THE SOUTHWEST 1/4, SECTION 13, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 13; THENCE NORTH 87' (DEGREES) 49' (MINUTES) 29" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 13, A DISTANCE OF 956.02 FEET; THENCE SOUTH 25°17'00" WEST, 74.87 FEET; THENCE SOUTH 39"31'57" WEST, 108.83 FEET; THENCE SOUTH 12°33'59" WEST, 106.52 FEET; THENCE SOUTH 42°12'34" EAST, 319.77 FEET; THENCE SOUTH 63°43'23" EAST, 348.35 FEET; THENCE SOUTH 71°54'38" EAST, 371.85 FEET; THENCE NORTH 87°23'10" EAST, 128.88 FEET; THENCE NORTH 65"32'31" EAST, 171.82 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE NORTH 18°22'13" WEST, 24.63 FEET; THENCE NORTH 62°32'17" EAST, 135.35 FEET; THENCE SOUTH 28°06'38" EAST, 19.16 FEET; THENCE SOUTH 53°08'23" WEST, 58.03 FEET; THENCE SOUTH 65°32'31" WEST, 82.33 FEET TO THE POINT OF BEGINNING. CONTAINING 3,496 SQUARE FEET OR 0.08 ACRE. DESCRIPTION: TEMPORARY EASEMENT 3 PROJECT PARCEL NO. 195A COUNTY PARCEL NO. 1513300004 A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF THE EAST 1/2 OF THE SOUTHWEST 1/4, SECTION 13, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 13; THENCE NORTH 87° (DEGREES) 49' (MINUTES) 29" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 13, A DISTANCE OF 956.02 FEET; THENCE SOUTH 25°17'00" WEST, 74.87 FEET; THENCE SOUTH 39°31'57" WEST, 108.83 FEET; THENCE SOUTH 12°33'59" WEST, 106.52 FEET; THENCE SOUTH 42°12'34" EAST, 319.77 FEET; THENCE SOUTH 63°43'23" EAST, 348.35 FEET; THENCE SOUTH 71°54'38" EAST, 371.85 FEET; THENCE NORTH 87°23'10" EAST, 128.88 FEET; THENCE NORTH 65°32'31" EAST, 254.15 FEET; THENCE NORTH 53°08'23" EAST, 205.82 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE NORTH 52'24'00" EAST, 100.00 FEET; THENCE SOUTH 37°35'59" EAST, 23.26 FEET; THENCE SOUTH 65°29'34" WEST, 102.67 FEET TO THE POINT OF BEGINNING. CONTAINING 1,163 SQUARE FEET OR 0.03 ACRE. A COM SHEET 3 OF 4 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: O'ROURKE FARMS, L.L.C. COUNTY PARCEL NOS. 1513300001 & 1513300004 PROJECT PARCEL NO. 195A TEMPORARY EASEMENTS DESCRIPTION: TEMPORARY EASEMENT 4 PROJECT PARCEL NO. 195A COUNTY PARCEL NO. 1513300004 A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF THE EAST 1/2 OF THE SOUTHWEST 1/4, SECTION 13, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 13; THENCE NORTH 87° (DEGREES) 49' (MINUTES) 29" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 13, A DISTANCE OF 956.02 FEET; THENCE SOUTH 25°17'00" WEST, 74.87 FEET; THENCE SOUTH 39031'57" WEST, 108.83 FEET; THENCE SOUTH 12°33'59" WEST, 106.52 FEET; THENCE SOUTH 42°12'34" EAST, 319.77 FEET; THENCE SOUTH 63043'23" EAST, 348.35 FEET; THENCE SOUTH 71°54'38" EAST, 371.85 FEET; THENCE NORTH 87°23'10" EAST, 128.88 FEET; THENCE NORTH 65°32'31" EAST, 254.15 FEET; THENCE NORTH 53008'23" EAST, 205.82 FEET; THENCE NORTH 65°29'35" EAST, 220.72 FEET TO THE PRESENT SOUTHWESTERLY RIGHT-OF-WAY LINE OF OLDE DAVENPORT ROAD; THENCE NORTH 52°17'10" EAST, 33.00 FEET TO THE CENTERLINE OF OLDE DAVENPORT ROAD; THENCE SOUTH 37°42'50" EAST ON SAID CENTERLINE, 320.00 FEET; THENCE SOUTH 52°17'10" WEST, 33.00 FEET TO THE PRESENT SOUTHWESTERLY RIGHT-OF-WAY LINE OF OLDE DAVENPORT ROAD; THENCE SOUTH 50°27'08" WEST, 272.18 FEET; THENCE SOUTH 72021'18" WEST, 292.51 FEET; THENCE SOUTH 63°05'18" WEST, 56.86 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE SOUTH 18°22'13" EAST, 42.96 FEET; THENCE SOUTH 72041'58" WEST, 177.12 FEET; THENCE NORTH 09046'33" WEST, 13.51 FEET; THENCE NORTH 63°05'18" EAST, 177.03 FEET TO THE POINT OF BEGINNING. CONTAINING 4,947 SQUARE FEET OR 0.11 ACRE. DESCRIPTION: TEMPORARY EASEMENT 5 PROJECT PARCEL NO. 195A COUNTY PARCEL NO. 1513300001 A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4, SECTION 13, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 13; THENCE NORTH 87° (DEGREES) 49' (MINUTES) 29" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 13, A DISTANCE OF 956.02 FEET; THENCE SOUTH 25°17'00" WEST, 74.87 FEET; THENCE SOUTH 39°31'57" WEST, 108.83 FEET; THENCE SOUTH 12°33'59° WEST, 106.52 FEET; THENCE SOUTH 42°12'34" EAST, 319.77 FEET; THENCE SOUTH 63°43'23" EAST, 348.35 FEET; THENCE SOUTH 71°54'38" EAST, 371.85 FEET; THENCE NORTH 87°23'10" EAST, 128.88 FEET; THENCE NORTH 65032'31" EAST, 254.15 FEET; THENCE NORTH 53°08'23" EAST, 205.82 FEET; THENCE NORTH 65°29'35" EAST, 220.72 FEET TO THE PRESENT SOUTHWESTERLY RIGHT-OF-WAY LINE OF OLDE DAVENPORT ROAD; THENCE NORTH 52°17'10" EAST, 33.00 FEET TO THE CENTERLINE OF OLDE DAVENPORT ROAD; THENCE SOUTH 37°42'50" EAST ON SAID CENTERLINE, 320.00 FEET; THENCE SOUTH 52017'10" WEST, 33.00 FEET TO THE PRESENT SOUTHWESTERLY RIGHT-OF-WAY LINE OF OLDE DAVENPORT ROAD; THENCE SOUTH 50°27'08" WEST, 272.18 FEET; THENCE SOUTH 72°21'18" WEST, 292.51 FEET; THENCE SOUTH 63005'18" WEST, 498.96 FEET; THENCE SOUTH 75°26'07" WEST, 137.26 FEET; THENCE NORTH 71°05'21" WEST, 201.02 FEET; THENCE NORTH 47020'47" WEST, 384.57 FEET; THENCE NORTH 39046'38" WEST, 285.82 FEET; THENCE NORTH 65°4523" WEST, 383.11 FEET; THENCE SOUTH 35°53'42" WEST, 230.17 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE SOUTH 51054'09" EAST, 114.30 FEET; THENCE SOUTH 38°05'51" WEST, 100.00 FEET; THENCE NORTH 51°54'09" EAST, 110.46 FEET; THENCE NORTH 35°53'42" EAST, 100.07 FEET TO THE POINT OF BEGINNING. CONTAINING 11,238 SQUARE FEET OR 0.26 ACRE. AcOM SHEET 4 OF 4