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Accepting Deed - Parcel 195 from O'Rourke Farms LLC (SW Arterial) Copyright 2014 City of Dubuque Consent Items # 18. ITEM TITLE: Property Acquisition - Parcel 195 from O'Rourke Farms L.L.C. (SW Arterial Project) SUMMARY: City Manager recommending approval and acceptance of the Warranty Deed to certain real estate from O'Rourke Farms L.L.C. (Parcel 195) for the Southwest Arterial Project. RESOLUTION Accepting the Deed to Certain Real Estate in Dubuque County, Iowa From O'Rourke Farms, L.L.C. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type ❑ Warranty Deed SW Arterial Project ORourke Farms-MVM Memo City Manager Memo ❑ Staff Memo Staff Memo ❑ Resolution Resolutions ❑ Warranty Deed 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 Warranty Deed for the Southwest Arterial Project from O'Rourke Farms LLC Parcel 195 DATE: May 14, 2015 City Engineer Gus Psihoyos is recommending City Council approval and acceptance of a Warranty Deed to certain real estate from O'Rourke Farms L.L.C. (Parcel 195) for the Southwest Arterial Project. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael 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 Warranty Deed for the Southwest Arterial Project from O'Rourke Farms L.L.C., Parcel 195 DATE: May 14, 2015 INTRODUCTION The purpose of this memorandum is to request City Council approval and acceptance of a Warranty Deed to certain real estate from O'Rourke Farms L.L.C. (Parcel 195) for the Southwest Arterial Project 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 necessary property for the Southwest Arterial Project. RECOMMENDATION I recommend accepting the Warranty Deed from O'Rourke Farms L.L.C. (Parcel 195) for the Southwest Arterial Project. 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 Warranty Deed from O'Rourke Farms L.L.C. (Parcel 195) for the Southwest Arterial Project. Prepared by Robert Schiesl, Assistant City Engineer cc: Kent Ellis, Iowa DOT 2 WARRANTY DEED (CORPORATE GRANTOR) THE IOWA STATE BAR ASSOCIATION Oficial Form No. 104 Recorder's Cover Sheet 11111111 111111 III IIIII IIIII IIIII IIIII IIIII IIIII 11111 11111 11111 11111 11111 1111 1111 Doc ID. 008242360010 Type: GEN 1<ind: DEED WITH ON Recorded: 05/20/2015LatI03:34:35 PM Fee Amt: $1,690.60 Page 1 of 10 Revenue Tax: $1,633.60 Dubuque County Iowa John Murphy Recorder F1102015-00006176 Preparer Information: (Name, address and phone number) Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, Iowa 52001 (563) 583-4113 Taxpayer Information: (Name and complete address) City of Dubuque, Iowa 50 W. 13th Street, Dubuque, Iowa 52001 Return Document To: (Name and complete address) Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, Iowa 52001 Grantors: Grantees: O'Rourke Farms, L.L.C. The City of Dubuque, Iowa Legal description: See Page 2 Document or instrument number of previously recorded documents: © The Iowa State Bar Association 2013 10WADOCS® 0 500 52°° City Clerk THE IOWA STATE BAR ASSOCIATION Official Form No. 104 Ba A. Llndal 1 Barry 111 FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER G ct For WARRANTY DEED (CORPORATE GRANTOR) 1}` the consideration of ten Dollar(s) and other valuable consideration, O'Rourke Farms, L.L.C. a corporation organized and existing under the laws of. Iowa does hereby Convey to the City of Dubuque, Iowa the following described real estate in County, Iowa: See 1 in Addendum The Corporation hereby covenants with grantees, and successors in interest, that it holds the real estate by title in fee simple; that it has good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances, except as may be above stated; and it covenants to Warrant and Defend the real estate against the lawful claims of all persons, except as may be above stated. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural tuber, according to the context. Dated: 424 1 a L5 O'Rourke Farms, L.L.C. 1ozo a(n)Ioowa corporation By Y 1 J. O'Rourke By STATE OFE-VAPik , COUNTY OF LL.pizKK This record was acknowledged before me this day of tV)R'f , 201 , by Paul J. O'Rourke as...fgar c. Wick 9_ of O'Rourke Farms L.L.C. STATE OF NEVADA TATE O P NEVADA _ rias- -.3--- - y®--'� County of Clark SARA J. FAGNANT Appt. No 08-7591-1 My Appt Expires July 15, 2016 Signature of Notary Public © The Iowa State Bar Association 2013 104 WARRANTY DEED (CORPORATE GRANTOR) IOWADOCS© Revised August 2013 Addendum 1. The real estate lies within the following described property: LOT 1 SW % NW 1/4; LOT 3 SW 14 NW 1/4; LOT 1 NW 1/ SW 1/4; SE 1/4 NW 1/4; AND LOT 1 E %2 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 is more particularly shown on the attached exhibits as follows: Project Parcel No. 195A-1 Fee Title Project Parcel No. 195A-2 Fee Title PREPARED BY: MICHAEL EAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531 ACQUISITION PLAT —NW COR SEC 13-88 -26 SOUTHWEST ARTERIAL FD BROKEN SCM, RESET CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA FROM TIES OWNER: O'ROURKE FARMS, L.L.C. COUNTY PARCEL NOS. l5l3l528Ol'l5l3lS2OD2,'l5l33OUOUU & 1513300004 2«22'12^VV |3243T' PROJECT PARCEL NO. 195A-1 - \ ' - SW1/4 NW1/4 ' TOSUBJECT ALL EASEMENTS OF RECORD - SEC 13-88-2E AND NOT OF RECORD. COUNT PARCEL NO. 151315200 = 1,338 SQ. FT. N77 °00'06"E 48.86'--\ \ '\ COUNTY PARCEL NO. 1513/52002 = 423,700 SQ. ET. --NO2 u4|'|9^W |324.|I\ \ \ i \ COUNTY PARCEL NO. 1513300001 = 802,193 SQ,FT' - ~""w`` PARCEL NO. /5/3300004 = 485,333 Su. F o/^��o,,'=".- .,-^`.= -_ - WHICH 10,560 SO -FT, IS EX1ST |NG R|GHT-OF -WAY �� `� � u a � ///•`, --.0~...'N45/c*=504~03'28^W Z2-21-21-.412-21-21-.41' ' 4|' � / |gg.Oq/ /�� R=990'51' \ ~ 'nO-'`'-' �� iCH'`��.r/|4n]|'55"E 267'26 !�~�=/ "'."=' w� !``--|6.5'WIDE UTILITY �� I5«||'5O^E---- //' LOT ] i EASEMENT ocn �� °' "Cr k / '^ ' " SEc �3—ae-2E�|4^36'Z7^W 314.71' wB7o4e'29^E- � o \ 1 Y/l\ 5351,23' m ' � ' �/ / � / / i __-r��«.r'n^^� `= 9= '' ^�^ , "" " .u.o —_______________ ----S23«42'05"W 245.79' 61/4 COR SEC 13 -88 -26 - FD SCM R=|46O.|6' ]O].9|' xy P.O.B. �7 N65 °45'23"W 383.||' i' ~~--S39o31'57^W 108.83' �--512»33'59^W 106'52' N65 °29'35"E 220.72' ��2*|Z']�^E 319.77' ' '-"^,'.-.- N53o08'23^E • 'zz ��-�� 2D5R2' 348.35' * ^ �7| 54 3d 371.85' `-__— / LOT 1 NW1/4 SW1/4 SEC 13-88-2E ' \ 5]5o 53'42^W 650.48' N39»46'58^W 285.82' --545o46'|R111 187.25' N65«52'3|^[ - Z54.|5' -_ ,---- LOT 2 / E1/2 sw1/4 SEC 13-88-2E! r-- N52»|7'|O^[ 5].00 _3]7o42'5O^E 320.00' S50 °27'08"W272.18' 572°2118"W -- - mR7"z3'|o^E- LoT 1 292.5/' /xouu' ' E1/2 SW1/4 SEC 13-88-2E N47«20'47.w 384.57' — EAGLE 8505 1 hereby certify that this Land Surveying document was prepared by me or under my direct personal supervision and that /=a duly Licensed Land Survey= under t e law f the State of Iowa. Mmxmcn.mDate cense number 8505 My /lcense renewal date `` December u'mw Pages 'or sheets covered by this seal. AECOM S53»05'18^w 498.96' ---375v26'07^W 137.26' N7|v05'21^W 2O|.02' O --FD |.P. W/ YELLOW CAP N0.10|6 FD /^ DIA PIPE LEGEND 447.75' MI = MEASURED 447.40'R = RECORD 200 400 600 800 REVISED 05-02-14 REVISED 03-12-14 REVISED 03-13-10 REVISED 09-27-09 SCALE IN FEET SHEET 1 OF 2 PREPARED BY: MICHAEL R. FAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50702, 315-232-5531 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, 1513152002, 1513300001 AND 1513300004 A PARCEL 00 LAND SITUATED IN PART 00 LOT 1 OF THE SOUTHWEST 1/4 OF THE NORTHWEST I/4, PART OF LOT 3 OF T1 -IE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, PART OF LOT 1 OF THE NORTHWEST 1/1 OF THE SOU-THWEST 1/4, AND PART 01= LOT I 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 13; THENCE SOUTH 02° (DEGREES) 19' (MINUTES) 10" (SECOND) EAST (ASSUMED BEARING FOR THE PURPOSE: 01= THIS DESCRIPTION) ON THE WEST LINE OF THE SOUTHWEST 1/4 00 SAID SECTION 13, A DISTANCE OF 21504 FEET TO THE PRESENT SOUTHEASTERLY RICHT-OF- WAY L INC OF U.S. HIGHWAY 61, BEING THE POINT OF BEGINNING 00 THE PARCEL HEREIN DESCRIBED; THENCE NORTHEASTERLY ON SAID SOUTHEASTERLY RIGHT---OF-WAY LINE, BEING A 1,468.16-0001 RADIUS CURVE CONCAVE NORTHWESTERLY AND HAVING A 30391 --FOOT LONG CHORD BEARING NORTH 41°08'24" EAST, 304,45 FEES (ARC LEW-'1); :THENCE NORTI-1 35°11'58" EAST ON SAID S0UT1-ILASTERLY RIGHT--OF-WAY LINE, 521.10 FEET; THENCE NORTHEASTERLY ON SAID SOUTHEASTERLY RIGHT -0E -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 L INE, 19984 FEET; THENCE NORTH 38°27'50" EAST ON SAID SOUTHEASTERLY RIGHT-OF-WAY L INE, 595.36 FEET; THENCE NORTH 77°00'06" EAST ON SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, 4886 FEET; THENCE SOUTH 23°42'05" WEST, 245.79 FEET; THENCE SOUTHERLY ON A 705.00-E001 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 SOU -II -1 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, 10602 FEET, THENCE SOUTH 42°12'34" EAST, 319.77 FE.E1, THENCE: SOUTH 63°43'23" EAST, 348.35 FEET; THENCE SOUTH 71°54'38" EAST, 37185 FEET; THENCE NORTH 87°23'10" EAST, 12888 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, 22072 FEET TO THE PRESENT SOUTHWESTERLY RIGHT-OF-WAY LINE OF OLDS DAVENPORT ROAD; THENCE NORTH 52°17'10" EAST, 33.00 FEET TO THE CENTERLINE OF OLDS DAVENPORT ROAD; THENCE SOUTH 37°42'50" EAST ON SAID CENTERLINE, 32000 FEET; TI-IENCE SOUTH 52°17'10" WEST, 33.00 FEET TO THE PRESENT SOUTHWESTERLY RIGHT-OF-WAY LINE OE OLDE DAVENPORT ROAD; THENCE SOUTH 50°27'08" WEST, 272.18 1=00T; THENCE SOUTH 72°21'18" WEST, 292.51 FEET; THENCE SOUTH 63°05'18" WEST, 498.96 FEET; THENCE 50011-1 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, 65048 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 SA ID 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 01= LOT I OF THE NORTHWEST 1/4 OF THE SOUTHWEST I/4 AND OF LOT I 00 THE EAST 1/2 OF THE SOUTHWEST 1/4, ALL IN SECT ION 13, TOWNSHIP 88 NORTH, RANGE 2 EAST OE THE 5T1-1 P.M., COUNTY 00 DUBUQUE, STATE OF IOWA. CONTAINING 1,712,564 SQUARE FEET OR 39„32 ACRES OF WHICH 10,560 SQUARE 000T -OR 0.24 ACRE IS EXISTING RIGHT-OF-WAY. - COUNTY PARCEL NO, 1513152001 - LOT 1 OF THE SWI /4 OF THE NWI /4, SEC. 13-88-2E, CONTAINS 1,338 SQUARE FEET OR 003 ACRE. COUNTY PARCEL NO. 1513152002 -- LOT 3 OF THE SWI/4 OF THE NWI/4, SEC, 13-88-2E, CONTAINS 923,700 SQUARE FEET OR 9.73 ACRES. COUNTY PARCEL NO. 1513300001 - LOT I OF THE NWI/4 O1= THE SWI/1, SEC. 13-88-2E, CONTAINS 802,193 SQUARE FEET OR 18.42 ACRES. COUNTY PARCEL NO. 1513300004 - LOT 100 THE 01/2 OF THE SWI/1, SEC. 13-88--2E, CONTAINS 485,333 SQUARE FEET OR 11.14 ACRES OF WHICH 10,560 SQUARE FEET OR 0.24 ACRE IS EXISTING RIGTI-I-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. FAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531 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 FO I -I/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 NO2 °41'19"W 1324.13' WI/4 COR SEC 13-88-2E FD 1/2 " REBAR/RED PLASTIC CAP NO. 12631 N87°54'58"E 2700.51' LOT I SWI/4 NWI/4 SEC I3 -88-2E NI/4 COR SEC 13-88-2E FD I" DIA. IRON PIN EI/2 NWI/4 N77°00'06"E 74.80' N23°42'05"E 245.79' R=705.00' L=246.65' CH=N04 °3 28' E 244.41' 571°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' N14°31'55"W 267.26' P.O.B. LOT 3 SWI/4 NWI/4 SEC 13-88-2E LOT 2 NWI/4 SWI/4 N87°49'29"E 956.02' L hereby certify that th is Land Surveying document was prepared by me or under my direct personal supervision and that I am a duly L.lcensed Land Surveyor; under the Jaws of 1,l State of luwa. ICHAEL R.-ADLF Date L (cense number 85 5 My 'cense renewal date is December 31,2016 Pages or sheets covered by this seal: SHEETS I AND 2 OF 2 ICOM FUTURE R/W S53°06'04"W 66.00' S13°01'03"W 265.20' SE 1/4 NWI/4 SEC 13-88-2E S40°03'32"W 278.11' 16.5' WIDE UTILITY EASEMENT S55°26'06"W 148.12' °36'27"E 314.71' N25°I7'00"E 51.08' N87°49'29"E 5351.23' EI/4 COR SEC 13-88-2E FD S.C.M. SUBJECT TO ALL EASEMENTS 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 OF RECORD 0 LEGEND 447.75' M = MEASURED 447.40' R = RECORD 200 400 600 800 SCALE IN FEET REVISED 122/2015 REVISED 5/02/2014 REVISED 3/12,2014 SHEET 1 OF 2 PREPARECI BY: MICHAEL R. FACILE, AECOMH, 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. 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 1/4, 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, 278.11 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 1/222015 REVISED 5/02/2014 REVISED 3/122014 SHEET 2 OF 2 RESOLUTION NO. 164-15 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM O'ROURKE FARMS, L.L.C. Whereas, the City of Dubuque, Iowa has entered into a Purchase Agreement on May 14, 2015, with O'Rourke Farms, L.L.C. for the Southwest Arterial Project for the purchase of certain real property in Dubuque County, Iowa, which lies within the following described property: and; LOT 1 SW 1/ NW I ; LOT 3 SW 1 NW '/; LOT 1 NW %SWI ; SE '/ NW 1/4; AND LOT 1 E %2 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 is more particularly shown on the attached exhibits as follows: Project Parcel No. 195A-1 Fee Title Project Parcel No. 195A-2 Fee Title; 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 Deed from O'Rourke Farms, L.L.C., attached hereto. Section 2. The City Clerk is hereby authorized and directed to record this Resolution and the Deed with the Dubuque County Recorder. 051315baI Passed, approved and adopted this 18th day of May, 2015. Attest: isf Kevin .`Firnstahl, City Ierk Lynn V. Sutton, Mayor Pro Tem F:\USERS\tsteckle\I_indahl\O'Rourke Farms SW Arterial Condemnation\ResolutionAcceptingDeed_051315.doc CERTIFICATE of the CITY CLERK STATE OF IOWA ) 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. 164-15 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. Kevin - Firnstahl, CM , 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 N 11 11 11 1111 111111 111IIII dill Doc ID. 008242370007 Type: GWH Kind: GROUNDWATER HAZARD Recorded: 05/20/2015 at 03:36:02 PM Fee Amt: $0.00 Pape 1 of 7 Dubuque County Iowa John Murphy Recorder File2015-00000717 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name O'Rourke Farms, L.L.C. Address 10390 Jicarillo Trail Dubuque Iowa 52003 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name City of Dubuque, Iowa Address 50 West 13th Street Dubuque Iowa 52001 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: 9491 Olde Davenport Road Dubuque Iowa 52003 Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) See 1 in Addendum 1. Wells (check one) X There are no known wells situated on this property. There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) X There is no known solid waste disposal site on this property. _ There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) X There is no known hazardous waste on this property. There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) X There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) ANS—(52- 1(o 5. Private Burial Site (check one) X There are no known private burial sites on this property. _ There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) _ All buildings on this property are served by a public or semi-public sewage disposal system. X This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. _ There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. _ There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. _ There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. _ There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] _ This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: _ The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: %-, rran`sier en Telephone No.: 71 a 1b1) FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) Addendum 1. The real estate lies within the following described property: LOT 1 SW % NW %; LOT 3 SW % NW %; LOT 1 NW % SW %; SE % 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 is more particularly shown on the attached exhibits as follows: Project Parcel No. 195A-1 Fee Title Project Parcel No. 195A-2 Fee Title PREPARED BY; MICHAEL R. EAGLE, AECUM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 53703, 315-232-4531 ACQUISITION PLAT IW COP SEC 3-88-24 - SOUTHWEST ARTERIAL EDOBROKEN SEM, RESET CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA 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 EJ 1-1/4" PIPE I LOT 1 '1 SW1/4 NW1/4 SUBJECT TO ALL EASEMENTS OE RECORD- SEC ECORDSEC 13-88-2E AND NOT OF RECORD, • COUNTY PARCEL NO. 15/3152001 = 1,338 SQ, ET. N77°00'06"E 48.86'-� !'•. COUNTY PARCEL NO. 1513152002 = 423,700 50, ET. NO2°41'10"W 1324,13'\ , COUNTY PARCEL NO, 1513300001 = 802,1938 50, ET, 1!38°27'50"E 595,36" ' COUNTY PARCEL NO. 1513300004 = 485,333 SQ. FT. OF WHICH 10,560 SQ. FT. IS EXISTING RIGHT, -OF -WAY t° \� ° 523 42'05"W 245.79' \ 4=705:00' L=246.65' CH=SO4°03'28"W 244,41' \\\ ,�514°31.55"E 267.2c'�\ -16.5' WIDE UTILITY EASEMENT o[' 5125°04'43"C .Z. Q U ti 199,84' R=990.61' _ 12 C -67,67' CH=N33'°14'49"E 1 ,/ 67.65' `c N35°11'58"E 521.10' —0 01/4 COR SEC 13-88-2E-1 FD SCM X 514°36'27"W 314.71',,9( N87°49'29"E \MJF\ 5351,23' 'I ✓ \ 525°17'00"W 125.95' \3°‘. �\f _ - -A VV/CAP NO 12631 - 5=1468.16' L=304.45' CH=44, 008'24"E 303.91' /f N65°45'23"W 383.11' i 14 \ LOT 2 X539°31'57"W 108.83' \,,8\ E1/2 SW1/4 512°33'59"W 106.52' N65°29'35"E O \SEC 13-88-2E: 220.72' \ 542°12'34"E 319.77' \\ c— N52°17'10"E 563°43'23N53°08'23"E i \\\ 33.00 348,35 205:82' 537°42'50"E 571°51'38"E ,..320,00' 371,85' i \'1 1 N65°32'31"E ...........y 254.15' LOT 1 NW1/4 SW1/4 A. SEC 13-88-2E S35°53'42"W / 650,48' N39°46'38"W-' 285.82' 545046'18"W 187.25 552°17'10n, 33.00' S50°27'08"W-, 272,18' 572021'18"W7 LOT 1 292.51' E1/2 SW1/4 SEC 13-88-2E N47 °20'47"W 384.57' I hereby cert 'that this Land Surveying mdo - prepared by me or under y directpersonalsuper-t stun and n that 1 am a duly lice sed Land Surveyor under dbe_lauyp(/tneState of Iona. r- Z- ZO i4 Id!-CHAEL "R. FAii Date L Tense number 8505 My 1 !cense renewal ac..e .s December 31,2014 Pages or sheets ravened by this see!: SHEETS 1 AND 2 OF 2 AECOM ED 1.P. 8/ 563°05'18"W YELLOW 498.96' / CAP NO. 4016 -FD 1" DIA PIPE 575°26'07"W 37.20' \- N71 °0521 "W 111 201.02' LEGEND 1447.75' M = MEASURED 1447.40'4 = RECORD 0 200 400 600 800 REVISED 05-02-14 REVISED 03-12-14 REVISED 02-13-10 REVISED 09-21-09 SCALE IN FEET SHEET 1 OF 2 PREPARED 3Y: .IC EL R. EAGLE, AECUM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, 1014A, 50703, 35-232-8531 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 60.195A -I COUNTY PARCEL NOS.1513152001, 1513152002,1513300001 AND 1513300004 A PARCEL OF LAND SITUATED IN PART OF LOT 102 THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, PART OF LOT 3 OF 185 SOUTHWEST 1/4 OF THE NORTHWEST 1/4, PART OF LOT 1 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4.AND PART OF LOT I 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 DUBUQUF,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 215.14 FEET TO THE PRESENT SOUTHEASTERLY RIGHT-OF- WAY LINE OF U.S. HIGHWAY 61, BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;.: THENCE NORTHEASTERLY ON SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, BEING A 1,468.16 -FOOT RADIUS CURVE CONCAVE NORTHWESTERLY AND HAVING A 303,91-F00T 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 ONE, 521,10 FEET; THENCE NORTHEASTERLY ON SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, BEING A. 990.61-500T RADIUS CURVE CONCAVE NORTHWESTERLY AND HAVING A 67.65 -FOOT LONG CHORD BEARING NORTH 33°14'49" 2451, 67,67 FEET (ARC LENGTH); THENCE NORTH 45°04'43" EAST ON SAID SOUTHEASTERLY RIGHT- OF-WAY LINE; 199,81 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 SEARING SOUTH 04°03'28" WEST, 246.65 FEET (ARC LENGTH); THENCE SOUTH 14°31'55" EAST, 267.26 FEET; THENCE SOUTH 14°36'27" 8551, 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, 10652 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" 6451;205.82 FEET; THENCE NORTH 65°29'35"5451, 220.72 FEET TO THE PRESENT SOUTHWESTERLY RIGHT -GF -WAY LINT OF OLDE DAVENPORT ROAD; THENCE NORTH 52°17'10" EAST, 33.00 FEET TO THE CENTERLINE OF OLDS DAVENPORT ROAD', THENCE SOUTH 37°42'50" EAST ON SAID CENTERLINE, 320.00 FEET; THENCE 50UTH 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 75026'07" WEST, 137.26 FEET; THENCE NORTH 71005.2I" WEST, 2001,02 FEET; THENCE NORTH 47°20'4 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 NORTH855T 1/4 AND OF LOT 1 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 0R 0,24 ACRE 15 EXISTING RIGHT-OF-WAY. COUNTY PARCEL N0,1513152001 - LOT 1 OF THE SWI/4 OF THE NWI/4, SEC. 13-88-2E, CONTAINS 1,338 SQUARE FEET OR 0.03 ACRE, COUNTY PARCEL N0.1513152002 - LOT 3 OF THE SWI/4 OF THE N81/4; SEC. 13-88-2E, CONTAINS 423,700 SQUARE FEET OR 9.73 ACRES. COUNTY PARCEL NO.15(3300001 - LOT 1 OF THE NWI/4 OF THE SWI/4, SEC. 13-88-2E, CONTAINS 802,193 SQUARE FEET OR 18,42 ACRES, COUNTY PARCEL N0. 1513300004 - LOT I OF THE 51/2 OF THE SWI/4, SEC. 13-88-2E, CONTAINS 485,333 SQUARE FEET OR 11,14 ACRES OF WHICH 10,560 SQUARE FEET OR 0.24 ACRE I5 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 REARED BY1 MICHAEL R. FAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, 1055, 50703, 319-232-0531 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 NW COR SEC 13-88-2E FD BROKEN S.C.M., RESET S.C.M FROM EXISTING TIES NO2°22'12"W 1329.17' SW COR SWI/4 NWI/4 SEC 13-88-20 FD I-1/4" PIPE NO2°4 I'19"W 1324.13' VV 1/4 COR SEC 13-88-2E FD 1/2 REBAR/RED PLASTIC CAP NO. 12631 i- - - - - - - - - - - - N87°54'58"E 2700.51' LOT 1 SW1/4 581/4 SEC 13-88-2E N77.00•06"E 74.80' N23°42'05 'E 245.79' 51/4 COR SEC 13-88-2E FD 1" DIA. IRON PIN S71°09'I8"E 137.52' N53°06'04"E 33.00' 536°53'56"E 42.88' N53°06'04"E 33.00' S36°53'56"E 138.04' 61/2 NWI/4 R=705.00' L=246.65' CH=N04°03'28"E 294.91' 553°06'04W 66.00' S13°01'03"W 265.20' SE 1/9 981/4 • SEC 13-88-2E S40°03'32"W 278.11' 1414°31'55"W 267.26' P.O.B. LOT 2 14141/4 581/4 /487°49'29"E 956.02' hereby certily that this Land Surveying document vas preoareo by, unaer my direct personal supervision and trial 1 am a duly L Icenhed Land Surveyor under the lave or - State 01 Iowa. MICHAEL 0. -TELE DaLe License number 85 5 Hy I Iceose renevat dale Is gecember 31,2015 Page,. or sheer, covered by thrs seal: SHEETS ! 050 200 2 AECOM LOT 3 SWI/4 581/4 519°36'27"E 314.71' SEC I3 -88-2E 16.5' WIDE UTILITY EASEMENT S55°26'06"W 148.12' FUTURE / -- N25°I 7'00"E 51.08' - N87°49'29"E 5351.23' 01/4 COR SEC 13-88-2E 013 SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. COUNTY PARCEL NO. 1513152001 = 14,504 SQ. FT. COUNTY PARCEL 110. 1513192002 = 169,1318 SO. FT. COUNTY PARCEL NO. 1513176001 = 42,762 50. FT. OF WHICH 10,526 50. FT, 15 EXISTING RIGHT-OF-WAY 0 LEGEND 447.75' M = MEASURED 447.40' R = RECORD 200 .400 600 800 SCALE IN FEET REVISED 1/22/2015 REVISED 5A322014 REVISED 3422014 SHEET 1 OF 2 PREPARED RV, .MICHAEL R. FAGLE, AEGOMH, 50; SYCAMORE STREET, SUITE 222, WATERLOO, 1024. 50703, 319-232-8531 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. I95A-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 I/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, 278.11 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 DR 5.10 ACRES OF WHICH 10,526 SQUARE FEET OR 0.24 ACRE IS EXISTING RIGHT-OF-WAY. COUNTY PARCEL NO. 1513152001 - LOT 1 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 - 5E1/4 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. AE COM REVISED 1/222015 REVISED 502/2014 REVISED 3422014 SHEET 2 OF 2 11 110111 110 Ill 11011101 lI II 01 N 111111 VIII Doc ID• 008261810011 Type GEN Kind: PURCHASE AGREEMENT Recorded: 06/16/2015 at 04:18:05 PM Fee Amt: $57.00 Page 1 of 11 Dubuque County Iowa John Murphy Recorder File2015-00007650 Prepared by: JCG Land Services, Inc., 1715 South G Avenue, Nevada, Iowa 50201 For: City of Dubuque,lowa, City Hall, 50 W 13th Street, Dubuque, Iowa 52001 TENANT PURCHASE AGREEMENT Parcel Number 195A County Dubuque Project Number (515) 382-1698 (563) 589-4270 HDP -2100(679)-71-31 Route Number SW Arterial Seller: Steve Capesius THIS AGREEMENT entered into this I0 THday of 3.1314 , 20 15 , by and between Seller and the City of Dubuque, Iowa, Buyer. 1. Buyer agrees to buy and Seller herby conveys Seller's leasehold interest in the following real estate, hereinafter referred to as the premises, situated in parts of the following: : LOT 1 SW Y4 NW 1/4; LOT 3 SW 1/4 NW 1/4; LOT 1 NW 1/4 SW 1/4; SE 1/4 NW 1/4, AND LOT 1 E 1/2 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 more particularly described on Pages 5-11, including the following buildings, improvements and other property: All land, trees, shrubs, landscaping and surfacing attached to the premises sought and described herein. 2. The Premises also includes all estates, rights, title and interests and any leasehold, 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 highway and accepts payment under this agreement for any and all damages arising there from. 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. Seller is tenant on the property of: O'ROURKE FARMS, L.L.C., AN IOWA LIMTED LIABILITY COMPANY 3. Buyer agrees to pay to Seller $700.00 on or before 60 days after Buyer approval. Seller agrees to surrender physical possession of the premises on or before surrender of possession by owner. Buyer may include mortgagees, lienholders, encumbrancers and taxing authorities` as payees on warrants as agreement payment. 4. 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 right to enter the premises for the purpose of gathering survey and soil data. Seller may surrender possession of the premises or building or improvement or any part thereof prior to the time at which the party has agreed to do in item #3 and agrees to give Buyer ten (10) days notice of Seller's intention to do so by calling Buyer at (563) 589-4270. 5. This agreement shall apply to and bind the legal successors in interest of the Seller, and the 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. The 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 the 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 the Seller.Buyer shall have the right of entry upon the 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/her own risk. The Buyer will not be liable for fencing private property or maintaining the same to restrain livestock. 7. This written agreement constitutes the entire agreement between the Buyer and the Seller and there is no agreement to do or not to do any act or deed except as specifically provided for herein. DISTRIBUTION: TWO COPIES RETURNED TO BUYER -- ONE COPY RETAINED BY SELLER Page 1 of 11 8. The Seller states and warrants that, to the best of the Seller's knowledge, there is no burial site, well, solid waste disposal site, private sewage disposal systems, hazardous substance or underground storage tank on the premises, except: None Known 9. The 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 by the Code of Iowa, Section 66.52. 10. It is understood and agreed that the Seller will rent 18.89 acres shown on page 5 of this agreement of property for the 2015 crop season at rental rate of $100.00 per acre. 11. It is understood and agreed that the compensation in Item 3 on Page 1 of this Agreement includes payment in full for all field preparation and/or planting costs incurred for the 2015 crop season on a 3.18 acre area shown on page 5 of this agreement that will not be available for farming in 2015. 12. 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. 13. 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. 14. 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 of 11 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. Steve Capesius This section to be completed by a Notary Public. Both columns must be completed. SELLER'S ACKNOWLEDGMENT STATE OF _'c,oa,. COUNTY OF Aubyv2 On this ±1lay of Ms , A.D. 2015 , before me, the undersigned, a Notary Pubin and for said State, personally appeared } } ss: to me personally known or X 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. (Sign in Ink) Pyr‘ {r�,�, (Print/Type Name) Notary Public in and for the State of rot.)a, a RYANSTRAIN ' ow► • Ane CAPACITY CLAIMED BY SIGNER: K 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) BUYER'S ACKNOWLEDGMENT STATE OF IOWA: ss: n, this /May of ." ,.,..— 2 before me, the undersigned, personal appeared .;fes e6,�. , known to me to be the /4-4,71e. of Buyer and who did say that said instrument was signed on behalf of Buy6r 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 G-10-15- Recommended -10-IS Recommended by: Robert Schiesl (Date) Rig of Way Project Agent 1 Approved by: Gus Psihoyos City of Dubuque, Iowa a ice. t i►- Notary Public in and for the State of Iowa KEVIN S. F AHL 45295 OMMISSION EXPIRES KEVIN S. FIRNSTAHL " COMMISSION NO.745295 MYCOM Nj1�S7EXPIRE$ Page 3 of 11 OWNER. IOWA DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT PLOT PLAN O'ROURKE FARMS, L.L.C. PARCEL NO.: 195 05/05/14 revised 01/22/151 SECTION 13 T 88 N -R SCALE:I"= 600' CITY OF DUBUQUE 2 E. W.D. OR EASEMENT LINE: ACCESS LOCATION POINT: PROPERTY LINE: LEGEND OT 1-1 SE1/1 5E1/4 N LOT 2 NE1/4 NE1/4 LOT 1 HERBST FARM NO. 2 PS /4 3N0 . s LOT 1• 5E1/4 NE174` • LOT 2 NW1/4 SW1/4 SW1.4 NW1/4 -1 NE1/4 N61/4 // / /EXISTING UTILITY EASEMENT (TVP.) 4533+07.43 5ZT*Ez. R/W 4532+50 4,495'± Ex. R/W PC 4527+23.3 X500' 4525+30 300' 4524+55.0 ,,`180' 45SE1/4 NW1/4 00, 4100' 374+50 375+50 4180' 4180' 376+20 6210' 7+A8,3} 37Z+5e / 3181+-00-- 4 Sec. Line X140' 3 X00 ,-":45-2'2+00 359+70 6165' - -' - 4520+00 � X95 4165' 362+85 110' 367+80 371+00 X200' 6140' 368+80 X280' TEMPORARY EASEMENT TO REMOVE SLAB W1/4 SWI/ 00' 380+115.3±R 6150') 380+48.56±CL X150' 380+48.56±6 CENTER SECTION 13-88-2 TEMPORARY EASEMENTS TO SHAPE LOT 2 EHLERS PLACE 380+15.6±Q 35+70 30+81.9±R X223.15 362+85 4,110' 38+00 q100' ---TEMPORARY-EASEMENT TO CONSTRUCT ENTRANCE 31+50 365+50 6175' 16.5'PERMANENT EASEMENT FOR UTILITY (TYP.) LOT 2-2 5E1/1 377+50 180' 375+00 373+00 374+50 X125' 6185' 6175' 371+00 6275' 370+00 c.320' Eve SW1/4 367+48.3± 1/4 Sec. Line 4295' TEMPORARY EASEMENT TO SHAPE COUNTY: DUBUQUE COUNTY PROJECT NO.: HDP -2100(679)--71-31 X. $$N9(74$ $$31VOSS usp•sAvidsmsAoldsiaosimu5isoa froozmi2 so -an -006 LHogiogvd quwiq Nd 22:17:1 SIOZ/IZ/b PREPARED BY:MICHAEL R. CAGLE, AECOM, 501 SYCAMORE STREE1, SUITE 222, WATERLOO, :OWA, 50703, 319-232-6531 ACQUISITION PLAT \— NW C05 SEC 13 - SOUTHWEST ARTERIAL 88- 2E FD BROKEN SCM, RESET CITY OF DUBUQUE, DUBUQUE COUNTY,IOWA \ 1- ROM T IES OWNER: O'ROURKE FARMS, LLC. COUNTY PARCEL NOS. 1513152001,1513152002, 1513300001 & 1513300004 1 LC, % I 445°0443"E 199.84" R=990.61' L=67.67' CH=N33°14`49"E / 67,65' NO2°22'12'W 1324.17' PROJECT PARCEL NO. 195A-1 SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. COUNTY PARCEL Na. 1513152001 - 1 338 557 FT. COUNTY PARCEL NO. 1513152002 = 423,700 50. FT. COUNTY PARCEL NO, 513303001 r 802,193 SQ. FT. COUNTY PARCEL NO. I 5133000041 = 485,333 50, FT. OF WHI CH 10,560 SQ. FT. IS EXISTING R1 GHT -OF -MAY I -1 / 4" PIP. LOT 1 SW1/4 NW1/4 "--\\-- SEC 13-88-26 14770000066 48.86' NO2°1 I 'I9"W 1324,13' 1\138 °27'50"E 595.36' L.LI N ; < IX35° I I '58'E taco. 1 I 521.10' A LOT 3 SW1/4 NW1/4 SEC 13-88-2E / Lc; '4 ' co 0, b LS 0— U-3 VI 1s. .C.14‘ 01 111 lol — 03 19 91 10. o 01 0 CH=N41 08'24"E 303.91' sn\ P.O.B. ',- N65°45'23'WV- - \, 383.1 1' S23°42'05 'W 245.79' R=705.00' L=24065' CH-,SO4°03'28'W 244.4 514 °31'55''E 267.20 /71 16.5' WIDE UTILITY EASEMENT S I 41'3027"VV 314.71' 525°17'00'W 125.85' ---1177S38°31'57''W08.83' S 1 2 ° 33'59"W 1,06,52' 542°12'34'E 319.77' S63° 43'236 205.82' ! 34035' S71254038E I 371.85' N6)°32'31 "E — 254.15' N65 °29'35"E 220.72' N53 °08'23'E 61 / 4 600 SEC 13-88-2E FD SCM N87°49'28"E 5301.23' LOT 2 i ' E112 SW1/4 ° SEC 13-88-26' 0 N52°17'10"E 33.00 S37°4250"E 320.00' 14 LOT 1 NW1 /4 SW1/4 SEC 13-88-26 S35°53'42"W 650,48' N35°46'38"W 285,82' S45°46'I8"W 187.25' 1 N87°23`1 0"E 128,88' S52°17'108 33.00' 550°27'08"W 272.18' 572°21'18"W LOT 1 292.51' 01/2 SW1/4 SEC 13-88-2E NA 7°20'4 78 384.57' ..„...,; t, 74 , I hereby certIfy that this Land Survey log document vas prepared by me or under my direct personal super -vie Ion and that I ars a duly Lsuensed Land Surveyor undn 1.be laws I the Slate of lova. 7' 1 . 1%tt'i ' g5p5 , 1\1.L ',7 MICHAEL . F OLE nate i .1 L !cense number 8505 .4, 57veg „4 . My I Ibense rePestal pace Is December 31,2514 Pages or sheets 040105 67 This sea 1 %Eva , Pal 56 7 =COM N71°05'21''W 201.02' S63°05' I 8"6 498,96' 575 °26'07"W 137.26' FD 1.0. W/ YELLOW CAP NO. 4016 ED I" DI A PIPE LEGEND 447.75' M = MEASURED 447,43'0 = RECORD 0 200 400 600 800 11111111=111 '1•11 1111.11111111111 REVISED 05-02-14 REVISED 03-12-14 REVISED 02-13-10 REVISED 09-21-09 SCALE IN FEET SHEET 1 OF 2 PREPARED BY: M:CHAEL R. FAGLE, AECOM, 501 SYCAMORE STREET, SlifTE 222, WA -1 ERLCO, 1004, 50705, 319-732-6531 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 -I COUNTY PARCEL NOS. 1513152001, 1513152,002, 1513300001 AND 1513300004 A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF THE SOUTHWEST ) /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 I OF THE EAST 1/2 OF THE SOUTHWEST 1/4, ALL IN SECTION (3, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF 1-0WA,'MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNIER OF SAID SECT10N 13; THENCE SOUTH 02° (DEGREES) 19' (MINUTES) 10' (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE WEST LANE OF THE SOUTHWEST 1/4 OF SAID SECTION 13,A DISTANCE OF 215.14 FEET TO THE PRESENT SOUTHEASTERLY RIGHT-OF- WAY LINE OF U.S. HIGHWAY 61, BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE NORTHEASTERLY ON SAID SOUTHEASTERLY RIGHT -0F -WAY L INE, BE I NG A 1,468.16 -FOOT RADIUS CURVE CONCAVE ,NORTHWESTERLY AND HAVING A 303.91 6007 LONG CHORD BEARING NORTH 41°08'24" EAST, 304A5 FEET (ARC LENGTH), THENCE NORTH 35°11'58EAST ON SAID SOUTHEA'STERLY 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°1449" EAST, 67.67 FEET (ARC" LENGTH); THENCE NORTH 45°0443' EAST ON SAID SOUTHEASTERLY RIGHT- OF-WAY LINE, 199.84 FEET; THENCE NORTH 38°27'50' EAST ON SAID SOUTI-1EASTERLY RIGHT-OF-WAY LINE, 595.36 FEET; THENCE NORTH 77°00'06" EAST ON SAID SOUTHEASTERLY RIGHT -OP -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 244.4I -FOOT LONG CHORD BEARING SOUTH 01 °03'28" WEST, 246.65 FEET (ARC LENGTH); THENCE SOUTH 14°31'55' EAST, 267.26 FEET; THENCE SOUTH 14°3627' WEST, 314.71 FEET; THENCE SOUTH 25°17'00" WEST, 125.95 FEET; THENCE SOUTH 39°3157' 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°2310" EAST, 128.88 FEET; THENCE NORTH 65°321I" EAST, 254.15 FEET; THENCE NORTH 53°0823' EAST,205.82 EEET; THENCE NORTH 65°29'35" EAST, .220.72 FEET TO THE PRESENT SOUTHWESTERLY RIGHT -0E -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°4638" WEST, 285.82 FEET; THENCE NORTH 65°45'23" WEST, 383.11 FEET; THENCE SOUTH 35°53'42' WEST, 650.48 FEET; THEN00 SOUTH 45°46'18" WEST, 187.25 FEET TO THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 13; TI-IENCE NORTH 02°191-0" 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 1 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND 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. CONT A INN NG 1,712,564 SQUARE FEET OR 39.32 ACRES OF WHICH 10,560 SQUARE FEET OR 0.24 ACRE IS EXISTING RIGHT-OF-WAY. COUNTY PARCEL NO, 1513152001 - LOT I OF THE SWI /4 OF THE NW1/4, SEC. 13-88-2E CONTAINS [338 SQUARE FEET OR 0.03 ACRE. COUNTY PARCEL NO. 1513152002 - LOT 306 THE SW1/4 OF THE NIWI/4, SEC. 13-88-2E, CONTAINS 423,700 SQUARE FEET OR 9.73 ACRES. COUNTY PARCEL NO. 1513300001 - LOT I OF THE NW1/4 OF THE SWI /4, SEC. 13-88-2E, CONTAINS. 802,193 SQUARE FEET OR 18,42 ACRES. COUNTY PARCEL 8.0 513300004 - LOT 1 OF THE 61/2 OF THE SWI /4, 5E0.13 -88-2E, CONTAINS 485,333 SQUARE FEET OR 11 4 ACRES OF WHICH 10,560 SQUARE FEET OR 0.24 ACRE IS EXISTING RIGTH-OF-WAY. AECOM REVISED 05-02-141 REVISED 03-12-14 REVISED 02-13-10 REVISED 09-21-09 SHEET 2 OF 2 PREPAREO 8Y, CI EL R. EAGLE, AECOM, 501 SYCAMORE STREET, SUITE 1222, WATERLOO, IOWA,. 50703, 31 1-232-6531 NW COR SEC '13-88-20 FO BROKEN ,S.C.M., RESET S.C.8 FROM EXISTING TIES 1902°22'12"W 1324.17' SW COR SWI/4 NWI/4 SEC 13-88-2E FO I -I/4" PIPE 1902°4119"W 41324.13' 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 LOT I 361./4 145.1/4: SEC 13-88-2E "1977°00'.06'E 74.80' 1923°42'05''E'245.79' 81/4 COR SEC 13-88-2E FO I" 015. IRON 'P71 571°Q9'1B E 137.52' N53°06'04'E 33.00' S36°53'56'E 42.88' N53°06'04"E 33.00' 536°53'56"E 138.04` E1/2 NWT./4 R=705.00' L.246.65' CH=8104°03'23'E 244.4 S53°06'04"W' 66.00' S13°01'03'11 :. 265.20' 0 0' Gam- % SE 1/4 11141/4 SEC 13-88-2E ltt,P f P " Ni 540°03'32W -0°31`55"W 267.26' 278.1P qQ P.o.B. Ifo COR SEC 13-80-2E / ,, 18.5' WIDE UTILITY W EASEMENT FD 1/2 " REBAR/REO PLASTIC CAP NO. 12631. LOT 3 SWI/4 861./4 SEC. I3 -88-2E S55°26'061'6 148,12' 1 ' NI '4°36'27"E 314.71' —1425°17'00"E 51.08' LOT 2 NWI/4 SWI/4 N87°49'29'E .956.02` ` tA130 t �af HALL ° 8505 a I Hereby certify that this Land Survey.Ing document was prepared by me or under my d5nst persona( supervision andIIIII that I dilly Lir d Land Surveyor under. to I• it �a'ka of 4 1ry3..g' 1 [� { 6 Gfl ii "_x MICHAEL R. EAGLE tate LIcedse umber 8505 My l!cense 'renewal date is Qerember 31,26.1.6. Pages or sheets covered by this sea:: SLEESIA.A1112..4E.2 ..__..._.__� _ .._. AEC FUTURE R/W / \ 887°49'25'E 5351.23' Et/4 COR SEC 13-88-26. FD S.C.M. SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. COUNTY PARCEL N0,1513152001 = 14,504 SQ. FT. COUNTY PARCEL N0.1513152002 = 164,8(8 SQ. FT. COUNTY PARCEL 80.1513176001 > 42,762 50.0T. OF WHICH. 10,526 SQ. FT. IS EXISTING RIGHT-OF-WAY' LEGEND 447.75'M = MEASURED 447.40' R = RECORD 200 400 600. 800 SCALE IN FEET REVISED 1/2212015 REVISED :2/2014 REVISED 3/12/2014 SHEET 1 OF 2 PREPARED DS,: MICHAEL R. FAGLE, AECOMEI, EAR SYCAMORE STREET, 'SUITE222, WATERLOO, tow, 5.0791,3, 19-282-8531 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 N0.1954-2 COUNTY PARCEL NOS. 1513152001, 1513152002 AND 1513176001 A PARCEL OF LAND SITUATED IN PART OF LOT I OF HE SOUTHWEST 1/4 OF THE NORTHWEST 1 /4,- PART OF LOT 3 OF THE SOUTHWEST 114 QF THE NORTHWEST 1/4, AND PART OF THE SOUTHEAST' 1/4 or THE NORTHWEST 1/4, IN SECTION 13,T0SNSHiP 88 NORTH, RANGE 2 EAST OF THE 5TH RM.? COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS -1 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 DESCRIPTIONION 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°1700" EAST, 51.08 FEET; THENCE NORTH 14°3627' EAST, 314.71 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE NORTH 14°3155' WEST, 267.26 FEET; THENCE NORTHEASTERLY ON A 705.00 -FOOT RADIUS CURVE CONCAVE EASTERLY AND HAVING A 24441 -FOOT LONG CHORD BEARING NORTH 04°03'25' EAST, 246.65 FEET (ARC LENGTH); THENCE NORTH 23°4205" 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 Ed, A DISTANCE OF 74.80 FEET; THENCE SOUTH 71°0918" 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°5356" EAST ON SAID CENTERLINE, 42,88 FEET; THENCE NORTH 53°0604" EAST, 31.00 FEET TO THE PRESENT NORTHEASTERLY RIGHT-OF-WAY LINE OF OLDE DAVENPORT ROAD; THENCE SOUTH 36°53'55' EAST ON THE PRESENT NORTHEASTERLY R 1 GHT -OF - WAY I I NE OF OLDE DAVENPORT ROAD, 138.04 FEET; THENCE SOU T H 53'0604" WEST, 66.00 FEET TO THE PRESENT SOUTHWESTERLY RIGHT-OF-WAY LINE 00 OLDE DAVENPORT ROAD; THENCE SOUTH 13°01'03 WEST, 265.20 FEET; THENCE SOUTH 40°03'32" WEST, 278,11 FEET; THENCE SOUTH 55°2606" WEST, 148.12 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD. HEREINAFTER TO BE KNOWN AS LOT 13 OF LOT 1 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 AND OF LOT 3 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 114 AND THE SOUTHEAST 1/4 OF T1 -1E NORTHWEST 1/4, ALL IN SECTION 13, TOWNSHIP 58 ,NORTH, RANGE 2 _EAST OF THE 5TH P.M., COUNTY OF DUBUQIJE, STATE QF IOWA. CONTAINING 222,054 SQUARE FEET OR 5..10 ACRES OF )+11-110i 10,526 590486 FEET OR 029 ACRE IS EXISTING RICHT-OF-WAY. COUNTY PARCEL NO. 1513152001 - LOT I OF THE SWI/4 OF THE NWI/4, SEC. 13-88-26, CONTAINS 14,504 SQUARE FEET OR 0.33 ACRE, COUNTY PARCEL NO. 1513152002 - LOT 3 OF THE SWI/4 OF THE ,N01/4, SEC. 13-88-26, CONTAINS 164,818 SQUARE FEET OR 3.79 ACRES. COUNTY PARCEL 140. 1513176001 - SEI /4 05 THE NW144,SEC. 388 2E,CONTAII4S 42,762 SQUARE FEET 00- 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 3/12/2014 SHEET 2 OF 2 PREPARED BY; MICHAEL R. FAGLE, 'AECOM, 501 SYCAMORE STREET, -SUITE 222 WATERLOO, TOMPI, 58702, 319-2326533. ACQUISMON PIAT 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 SWI/4 NW1/4 WI/4 COR SEC 13,88-2E FD REBAR W/RED CAP NO. 12631 LOT 2 0481 /4 SW1/4 " N87 °49'25"E 5351.23' /, 4915"E 556.02' LOT 3 383/4 08174 EXISTING 16.5' WIDE UTILITY EASEMENT - R SEC 3-86-26 -I,.. --VI- —",,, co sch4 / 9 / • /. ® PROPOSED 16.5" UTILITY EASEMENT '''A" 1 M. / ...... AI . .p. / \ . i \ I `...,,. -, 502°1510'E 1130.56' LOT 1 081/4 S81/4 P.O. B. ` FUTURE RIGHT-OF-WAY PROPOSED 16.5' UnL TY EASEMENT "13" • EXISTING 16,$' WIDE UTILITY EASEMENT - - ---- -5F:°111:4"-S-C—CM°1/LR COR SLC 13-88-2E 1 hereby cert NI that this Lind Surveying.. document was prepared by me dr under- , my direct personal supervision and that 4 am a duly Licensed Land Surveyor under the lin the State of lova- ,All i S-1 7 40 ta 724 m 1 tliAEL R. FA6LE Pate License nurser 8505 My license renewal date ts December 31,2014 Pages , sheetscowered by this ,,,,t, MFFTS I AND 2 OP 2 AECOM 58I*52'451Y 2648.81' 06050500,16.5'LMLIIYEASEIVIENT'A,' BEARING/ DISTANCe 1, TO 2 525'17 105 .5 siza, 210 3 N 14, 36" 27" E .314.71' 3 TO 4 055'36' 2524' 4 TO 5 S 14 36' 27" W 335:35' 5 70 16. 525 17 03 W 125.55' 53Q 7 1539 31' 57' w 106.53' 770 S 12' 37 59" W 114.21` B. TO 9 N 42 ' 12' 34" W 26.20" .530:10, 20 70 11 hi 12." 33' 39.5 10652 N39 31' sr 103.97 11 TO 1 N 25 " 17 Or E 74.87 PROPOSED 16,5' UTILITYEASEMENT BEARING / DISTANCE 12 TO 13 N 45 46' 160 187.25' 13 70 14 N 35. 53.' 42".E 650.48' 14 TO 15 5 65- 45 23' E. 16.85' 15 70 16 35 . 53' W 655.31' 14 TO 17 S4540'18'W 203.45' 17 70 12 N 02' 19' 10,19 22.15' LEGEND 44735' M = MEASURED 447,40' 0. = RECORD • = FD IRON PIN 0 250 500 750 1000 SCALE INI FEET DATE SIGNED: 347/2014 SHEET 1 OF 2 PREPARED BY: MICHAEL R-FAGLE, AECOM, 571 S'iCAMGRE STREET, StiTTE 227, WATERLOMOWA„ 99703. '3N-232-0931 ACQUISITION PLAT SOUTHWEST ARTERIAL CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA OWNER: O'ROURKE FARMS, L.L.C. COUNTY PARCEL NO- 15131E2002 AND 1513300001 PROJECT PARCEL NO. 195A PERMANENT 1.31111TY EASEMENTS DESCRIPTION: PERMANENT UTILITY EASEMENT "A" PROJECT PARCEL NO. I 954 COUNTY PARCEL NOS. 1513152002 AND 1513300001 A PARCEL OF LAND SITUATED IN PART OE LOT 3 OF THE SOUTHWEST VA OF THE NORTHWEST 114 AND PART OF LOT I OF THE NORTHWEST 1/1 OF THE SOLITHWEST I/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 or THIS DESCR !PT 1 ON) ON THE NORTH LINE OF THE SOUTHWEST 1/4 OF SA1E) SECT ION 3,41DISTANCE OF 956.02 FEET TO THE FUTURE RIGHT-OF-WAY LINE OF U.S.1-1fGHWAY 61, BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN •DESCRIBED; THENCE NORTH 25°17'00" EAST ON SAID FUTURE RICHT-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"Q0" 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,(06.52 FEET; THENCE _ NORTH 39°3(157" EAST ON SAID FUTURE RIGHT-OF-WAY LINE, 108.83 FEET; THENCE NORTE! 25°17'0W 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 '6" PROJECT PARCEL 140. 1954 COUNTY' PARCEL NO.1513152002 A PARCEL OF LAND SITUATED IN PART OF LOT 1 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 .7 • .•,7 , 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) JO' (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE WEST LINE OF THE SOUTHWEST 1/4 OF SA ID SECTION 13,4 DISTANCE OF 1,130.96 FEET TO THE FUTURE RIGHT -OE -WAY LINE OE U.S. HIGHWAY' GI, BEING THE POINT DF 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 I/4 OF SAID SECTION 3; 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. Az -COM SHEET 2 OF 2 THE CITY OF DUBT E MEMORANDUM Masterpiece on the Mississippi BARRY LIN CITY ATTO To: Kevin Firnstahl City Clerk DATE: August 12, 2015 RE: O'Rourke — Dismissals of Applications for Condemnation Kevin: Attached for your file are the original recorded Dismissals of Condemnation relating to both the Airport Utility Extension Project and the Southwest Arterial Project. I will retain a copy of each in our file. Thank you. BAL:tls Attachment cc: Bob Schiesl, Assistant City Engineer F:\USERS\tsteckle\Lindahl\O'Rourke Farms SW Arterial Condemnation\Firnstahl_OriginalRecordedDismissals_081215.doc OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org IN THE SHERIFF'S OFFICE IN DUBUQUE COUNTY, IOWA IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND BY THE CITY OF DUBUQUE, IOWA FOR THE SOUTHWEST ARTERIAL PROJECT by THE CITY OF DUBUQUE, IOWA, Applicant No, 213 11 11 IHI 111101 IIij IIO 11 11 Doc ID: 008291610002 Type GEN Kind CONDEMNATION Recorded: 08/04/2015 at 11:23:33 AM Fee Amt: $12.00 Page 1 of 2 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder File2015-00010040 DISMISSAL OF APPLICATION FOR CONDEMNATION The City of Dubuque, Iowa, Applicant, hereby dismisses the Application for Condemnation. Dated this te)j A day of (.51vv. , 2015. Filed in CITY OF UBUQUE, IOWA By arryA. Lindahl, Esq. City Attorney 300 Main Street, Suite 330 ubuque IA 52001 Tele 563 583-4113 Fax 563 583-1040 ba lesq(&,cityofdu bug ue.orci y office at Dubuque, Iowa the - day of , 2015. 7, Sheriff of Dubuque County, Iowa F: \ USERS\ tsteckletindahl \O'Rourke Farms SW Arterial CondemnationkCondemnation Docs Dismissal0fApplicationForCondemnation_060215.docx 4/01‘00 c'ecGAAL- 1111 111 I 1111111111,1111 lI111I I1 11 11 11 11111111111 111 Doo IO:t08201820015,Type GEN Kind CONDEMNATION Reaurded, Oa/IR/2015 at i21738 PM Fee AMtl $77.00 Page I of 15 Revenue TeX; $0,00 bubuque CoUnty Iowa Sohn Murphy, Reoorder File2015-00003027 RECORDER'S COVER SHEET APPLICATION FOR CONDEMNATION Preparer InforrbOtion: Barry A, Linden'', Suite 330 300 Main Street, Dubuque, IA 52001, Phone: (583) 583- 4113 TaxpayetInformationt City of Dubuque, Iovva, 50 West 13th Street, Dubuque, IA 52081 Return Document To: Barry A. Lindahl, Suite 330, 300 Main Street, Dubuque, IA 52001, Phone: (563) 583- ,4113 Legal Description: The property sought to be acquired lies within the following described property: Lot 1 of the SW1/4 of the NW 1/t; Lot 3 of the SW /4 of the NW Y4; Lot 1 of the NW% of the SW Yei; Lot 1 of the E % of the SW 34; and El4 of the NW 1,14 In Section 13, Township 86 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa Grantors: Grantees: O'Rourke Farms, L.1..„C, City of Dubuque, Iowa 77' IN THE SHERIFF'S OFFICE IN DUBUQUE COUNTY, IOWA IN THE MATTER OF THE CONDEMNATION OF CERTAIN RIGHTS IN LAND BY THE CITY OF DUBUQUE, IOWA FOR THE AIRPORT UTILITY EXTENSION PROJECT by THE CITY OF DUBUQUE, IOWA, Applicant 1111111111111111111111111 I III II IIII IIII Doc ID: 008291600002 Type: GEN Kind: CONDEMNATION Recorded: 08/04/2015 at 11:22:56 AM Fee Amt: $12.00 Page 1 of 2 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder File2015-00010039 No. 211 DISMISSAL OF APPLICATION FOR CONDEMNATION The City of Dubuque, Iowa, Applicant, hereby dismisses the Application for Condemnation. Ar-V- 15.Dated this day of CITY 'O F DUBUQUE, IOWA Barry A. Lindahl, Esq. City Attorney 300 Main Street, Suite 330 Dubuque IA 52001 Tele 563 583-4113 Fax 563 583-1040 balesqacityofdubuque.orq Filed in my office at Dubuque, Iowa the day of ,.fpr C , 2015. Sheriff of Dubuque County, Iowa F:\USERS\tsteckle\Lindahl\O'Rourke Farms Airport Utility Extension Project Condemnation\Condemnation Docs\DismissalOfApplicationForCondemnation_041415.docx oo ea?! 11111 iii ii 1 111 iiiiii III EH 1111 Doo ID 008177790047 Type DEN Kirld OONDEMNATIDN Reoorded: D1/80/2015 at 02:0740 PM Fee—Amt.» $87»00 Page 1 of 1/ avenue Tax: $0,00 wbuoueilountY Idwa 4o4n MurPhV 43eoorAer File2015-00001099 RECORDER'S COVER SHEET APPLICATION FOR CONDEMNATION Preparer Information: Barry A. Lindahl, Suite 330, 300 Main Street, !Dubuque, IA 52001, Phone: (563) 583- 4113 Taxpayer Information: City of Dubuque, Iowa, 50 West 13th Street, Dubuque, IA 52001 Return Document To: Barry A. Linden!, Suite 330, 300 Main Street, Dubuque, IA 52001, Phone: (563) 583- 4113 Legal Description: The property sought to be acquired lies within the following described property Lot 1 of the SWIA of the NW 14; Lot 2 of the E Y2 of the SW 1/4.; Lot 1 or the NW I4 of the SW1/4 the SW1/4 of the SW Yet the E½ of the NW IA, Lot 1 of the E1/2 of the SW 14, and, Lot 3 of the SW % of the NW V4, in Section 13, Township 88 North, Range 2 East of the 50 P.M., in Dubuque County, Iowa, according to the United States Government Survey and the recorded plats of said respective Subdivisions, except the portions thereof taken by State of Iowa by Condemnation, Book Lands #58, Page 70 et seq, records of Dubuque County, lowa, subject to easements of record, from April 11, 2006 at 8 And The SW 1/4 of Section 23, Township 38 North, Range 2 East of the 5t, RM., according to the United States Government Survey thereof, except that pertion thereof taken by the State of Iowa for Highway Purposes by Condemnation of Proceedings, subject to highway and easements of record, from April 11, 2008 at 8 A.M. Grantors: Grantees: O'Rourke Fans, L.L,C. City of Dubuque, Iowa