Loading...
Assignment of Communication Systems Right-of-Way Easement_AT&T Copyrighted July 17, 2017 City of Dubuque Consent Items # 24. ITEM TITLE: Assignment of Communication Systems Right-of-Way Easement with AT&T SUMMARY: City Manager recommending approval of the Assignment of Communication Systems Right-of-Way and Easement related to the disposition or abandonment of a conduit and fiber route owned by AT&T. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type AT&T Right of Way and Easement-MVM Memo City Manager Memo Assignment of Communication Systems Right of Way Staff Memo Easement ATT to City Memo to City Manager AT&T Assignment and Exhibits Supporting Documentation AT&T Map Supporting Documentation THE COF Dubuque DtUB E All-America City Masterpiece on the Mississippi 1 1 1 1" 2009•2012•2013•2019 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Assignment of Communication Systems Right-of-Way and Easement from AT&T Corp to the City of Dubuque DATE: July 12, 2017 The City of Dubuque has embarked upon an aggressive program to accelerate the deployment of broadband internet and data services in Dubuque. That program, focusing on public/private partnerships to reduce time and costs, has been successful in accelerating deployment of fiber, reducing City expenses and bringing new service providers and competition to the community. Earlier this year the City became aware of an available asset with the potential to assist this expansion work. The City was contacted by AT&T Corp. regarding the disposition or abandonment of a conduit and fiber route running from downtown Dubuque to a microwave tower near Centralia. The line was dated and no longer needed within the AT&T communication portfolio. The AT&T request was referred to a working group of City and Greater Dubuque Development staff who determined that the existing capacity and conduit route would be of potential significant value to the City's broadband expansion efforts. Communications with AT&T Corp. were then undertaken. The result has been a two- phase approach to the disposition of this conduit. First, in March of this year the City Council acted to accept a Bill of Sale for the portion of the conduit running from 8th street in downtown Dubuque to near the intersection of Pennsylvania and the Northwest Arterial. Information Services Manager Chris Kohlmann, Traffic Engineer Dave Ness and Greater Dubuque Development Sustainable Innovations Consultant David Lyons recommend City Council approval of the Assignment of Communication Systems Right- of-Way and Easement and for the transfer of any additional related portions of the conduit yet to be identified that would provide similar value to the City. I concur with the recommendation and respectfully request Mayor and City Council approval. J 1 r �1L�1#'L y ttrt�A&Znt.- Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Chris Kohlmann, Information Services Manager Dave Ness, Traffic Engineer David Lyons, Greater Dubuque Development Sustainable Innovations Consultant 2 THE CITY OF Dubuque DT TB All-AmerieaCitV Masterpiece on the Mississippi zaa]•WU•2013•2017 TO: Michael C. Van Milligen, City Manager FROM: Chris Kohlmann, IS Manager — City of Dubuque Dave Ness, Traffic Engineer — City of Dubuque David Lyons, Sustainable Innovations Consultant — Greater Dubuque Development SUBJECT: Assignment of Communication Systems Right-of-Way and Easement from AT & T Corp. to the City of Dubuque DATE: July 10, 2017 INTRODUCTION The City of Dubuque has embarked upon an aggressive program to accelerate the deployment of broadband internet and data services in Dubuque. That program, focusing on public/private partnerships to reduce time and costs, has been successful in accelerating deployment of fiber, reducing City expenses and bringing new service providers and competition to the community. Earlier this year the City became aware of an available asset with the potential to assist this expansion work. It was contacted by AT&T Corp. regarding the disposition or abandonment of a conduit and fiber route running from downtown Dubuque to a microwave tower near Centralia. The line was dated and no longer needed within the AT&T communication portfolio. The AT&T request was referred to a working group of City and Greater Dubuque Development staff who determined that the existing capacity, while limited, and conduit route would be of potential significant value to the City's broadband expansion efforts. Communications with AT&T Corp. were then undertaken. The result has been a two- phase approach to the disposition of this conduit. First, in March of this year the City Council acted to accept a Bill of Sale for the portion of the conduit running from 81h street downtown Dubuque to near the intersection of Pennsylvania and the Northwest Arterial. The second phase would be the proposed action below. DISCUSSION The attached Assignment of Communication Systems Right-of-Way and Easement (Attachment 1) would assign the described conduit and fiber asset to the City. The document releases AT&T Corp. from any continuing responsibility or liability for these assets, including "one call" location and notice requirements (which the City will now assume as the owner). The Assignment outlines approximately 41 ,921 linear feet of assets running generally from the intersection of Radford Road and Pennsylvania Avenue to the microwave tower located just east of 17208 Old Highway Road . It also includes the existing easements (see Attachments A and B). Staff vision for the asset includes creating a redundant fiber connection between its downtown and western facilities, collaboration with private partners to upgrade fiber service and availability along the route and creating the first of a set of"arterial" fiber routes within the City that will provide the City, its industry and its citizens within increasingly redundant and reliable internet connectivity. BUDGETIMPACT The only identified cost for the transfer of this asset to the City is the change-out of the 4 handhold/manhole covers and any aerial or field markers as needed. The cost estimate for this work would be less than $2,000. If and when upgrades to the system occur, it is anticipated that the majority of costs and expenses would be undertaken by private broadband partners. To the extent that there are any other limited near term costs, such costs would be absorbed within the existing departmental budgets. Over time the City should be able to leverage this asset to reduce its costs for improved broadband connectivity and/or develop additional revenue. RECOMMENDATION Given the City's unique opportunity to leverage value within this asset, serve the new growing industrial areas on the west side and assume the asset at a low cost we would recommend acceptance and execution of the attached Assignment of Communication Systems Right-of-Way and Easement and for transfer of any additional related portions of the conduit yet to be identified that would provide similar value to the City. ACTION REQUESTED Please review the memo and attachments and let me know of any questions. I would respectfully request your approval and would ask that you forward this information to the Dubuque City Council with a recommendation for execution of the Assignment of Communication Systems Right-of-Way and Easement and their approval for transfer of the conduit as described and further defined above. Thank you. CC: Barry Lindahl, Senior Counsel Steve Brown, City Engineering Jane Smith, City Engineering Jean Nachtman, Finance Director 2 A'sbury- Julien i EXHIBIT A RIGHTS-OF-WAY SCHEDULE OF ASSIGNED RIGHT-OF-WAY AND EASEMENTS County Recorded Origina[GrantmrBooh/Pape Dubuque 7/7/88 R. Myers 8111/83 Dubuque 6/22/88 R. Pfeiler 13061/9 Dubuque 6V22/88 R. Schueller 2013/18593 Dubuque 6/22/88 R. Schueller 2013/4291 Dubuque 6/22/88 B'SchueUer 2013/16472 Dubuque 6/22/88 R. Schueller 16148/9 Dubuque 6/22/88 R. Schueller 2013/77 Dubuque 6K22/88 R.Schum||e[ 2017/2934 Dubuque 8/22/80 R. Schueller 2015/13574 Dubuque 8/22/88 R.8chu8Uer 7277/2 Dubuque 6/22/88 R. Schueller 2017/851 Dubuque 6/22/88 R. Schueller 0040/98 Dubuque 6/28/88 Merkes 9/20052 Dubuque 8/4/88 Graf 2015/7649 Dubuque 6/10/88 K. Weland 4950/88 Dubuque 6/10/88 K. Weland 2013/10682 Dubuque 6/10/88 K. Weland 7/3280 Dubuque 6V10/88 N.VVa|and 2010/17104 Dubuque 6/10/88 K. Weland 2013/16682 Dubuque 7/15/88 Siegert 5003/88 Grant of ROW - 2/06 4 County Recorded Oridixal Grantor__ Dubuque 8/22/88 Kuehn 2010/13081 Dubuque 8/4/88 David Blake 8/15540 Dubuque 9/22/88 Roadway 2010V17272 Dubuque 9/22/88 Roadway 2005/18988 Dubuque 9/22098 Roadway 10909/5 Dubuque 10/14/88 2ndary Roadway & Smith 3/3429 Dubuque 10/14/88 Smith 2013/1280 Dubuque 7/15/88 Smith &Schmitt 90/7503 Dubuque 9/15/88 Schmitt & Byrne 90/8572 Dubuque 9/15y88 Byrne 91/3132 Grant of RO - 2/06 Exhibit B AT&T Communications of the Midwest Inc. Easements Assignment to City of Dubuque 7873'88 Helene M. Byrne 8721-88 John Moberly/Helene Byrnn & Martha Smith 5905'88 David J. & Susan J. Schmitt 6553-88 David ].Blake 5906'88 Marilynn K. Blake 5903'88 Witham A. & Janet L. Siegert 5224-88 William A. & Janet L. Siegert 4950-88 Kirby & Mildred Weland 6554'1988 Graf-dtynowovvns 5904'88 Kuehn - city now owns 5223-88 Theresa M. & Aloysious P. merkes 5046-88 Roger E.&Lids l[5chue||er 5045'88 Raymond J.&Bernice M.Pfe{|er 5581-88 Rober L. & Gemma Myers Kevin Firnstahl From:Chris Kohlmann Sent:Tuesday, July 18, 2017 11:22 AM To:Kevin Firnstahl Cc:Dave Lyons Subject:RE: AT&T Agreement Kevin Thanks for the heads up. I’ll route the ATT document via Dave Lyons. He’s cc’ed on this e-mail with your information on the notation below. From: Kevin Firnstahl Sent: Tuesday, July 18, 2017 10:53 AM To: Chris Kohlmann <Ckohlman@cityofdubuque.org> Subject: RE: AT&T Agreement Chris, I have the original AT&T agreement coming back to you unless you want me to mail it out for signature/notary by AT&T. There is an odd notation at the top of the first page indicating it’s to be returned to AT&T after recording. Am I to assume that they will return the fully executed original to us for recording? I so, we’ll need a recorder’s cover sheet since the first page doesn’t have the 3-inch compliant margin the recorder requires. Thank you, Kevin From: Chris Kohlmann Sent: Tuesday, July 18, 2017 10:30 AM To: Kevin Firnstahl <Kfirnsta@cityofdubuque.org>; Craig Nowack <Cnowack@cityofdubuque.org> Cc: Dave Lyons <DaveL@greaterdubuque.org>; Dave Ness <Dness@cityofdubuque.org> Subject: RE: MCC Agreement Executed Kevin – This disposition of documents is fine since it is dealing with I-Net and Craig is the point of contact. I’ve cc’ed Dave Lyons and Dave Ness so they have a copy of the document for their reference and know it’s ok to proceed with the fiber connection. Will you be returning the signed ATT do0cument when the mayor has signed? Thank you! From: Kevin Firnstahl Sent: Tuesday, July 18, 2017 8:34 AM To: Craig Nowack <Cnowack@cityofdubuque.org>; Chris Kohlmann <Ckohlman@cityofdubuque.org> Subject: MCC Agreement Executed Attached is a copy of the fully executed MCC Iowa LLC agreement from 7/17/17 Council. 1 I’m mailing back one original in the envelope they provided and will forward the other original to Craig. Please advise if you want me to retain the City’s original. Thank you. Kevin Firnstahl, City Clerk City of Dubuque th 50 W. 13 Street Dubuque, IA 52001 563-589-4100 kfirnsta@cityofdubuque.org 2 THE CITY OF DUB ` E MEMORANDUM Masterpiece on the Mississippi TRACEY STECKLEIN PARALEGAL MEMO To: Kevin S. Firnstahl City Clerk DATE: August 30, 2017 RE: AT&T Assignment of Communication Systems Right -Of -Way and Easement Kevin: Attached for your file is the original AT&T Assignment of Communication Systems Right -Of -Way and Easement, recorded August 22, 2017 as File no. 2017-00010420. A copy of this Assignment is being mailed today to AT&T ROW Manager Sandra Braxton. We will retain a copy of this Assignment in our files, as will Information Services. Thanks. © Attachment Cc: Chris Kohlmann, Information Services Manager (no att.) F:\Users\tsteckle\Lindahl\AT&T Easement Assignment\Firnstahl_OriginalRecordedAssignment_083017.docx 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 tsteckle@cityofdubuque.org Barry A. Lindahl, Esq. Senior Counsel Suite 330, Harbor View Place 300 Main Street Dubuque, Iowa 52001-6944 (563) 583-4113 office (563)583-1040 fax balesq c citvofdubuaue.ora Office Hours: 8:00 AM — 5:00 PM, T -W -Th 8:00 AM — 12:00 PM, F Sandra M. Braxton Right of Way Manager AT&T Corp. Right of Way Department 3450 Riverwood Parkway SE Room 162 Atlanta, GA 30049 RE: Assignment of Easements Dear Ms. Braxton: Dubuque bitri WI -America City 1111 LI 2007 • 2012 • 2013 THE CITY OF DUB Masterpiece on the Mississippi August 29, 2017 Enclosed for your file is a copy of the Assignment of Communication Systems Right -Of - Way and Easement between AT&T Corp. and the City of Dubuque, recorded August 22, 2017 as File no. 2017-00010420. Thank you for your assistance regarding this matter. Very cerely, arty A. Lindahl, Esq. =nior Counsel BAL:tls cc: Chris Kohlmann, Information Services Manager Dave Ness, Civil Engineer Nate Kieffer, Surveyor Rick Dickinson, President & CEO, GDDC Dave Lyons, Sustainable Innovation Consultant, GDDC F:\Users\tsteckle\Lindahl\AT&T Easement Assignment\Braxton_ RecordedAssignment_082917.docx 11 11 11 11 11 11 11 11 Doc ID: 008692990030 Type GEN Kind: EASEMENT Recorded: 08/22/2017 at 03:03:04 PM Fee Amt: $236.00 Page 1 of 30 Dubuque County Iowa John Murphy Recorder F11e2017-00010420 RECORDER'S COVER SHEET ASSIGNMENT OF COMMUNICATION SYSTEMS RIGHT-OF-WAY AND EASEMENT Preparer Information: Barry A. Lindahl Suite 330, 300 Main Street Dubuque, IA 52001 (563) 583-4113 Taxpayer Information: City of Dubuque, Iowa, 50 West 13th Street, Dubuque, IA 52001 Return Document To: Kevin S. Firnstahl, City of Dubuque City Clerk, 50 West 13th Street, Dubuque, IA 52001 Legal Description: See Pages 6-29 for legal descriptions Grantors: AT&T Corp. Grantees: The City of Dubuque, Iowa Cthi 62),r AFTER RECORDING, RETURN TO: AT&T CORP. RIGHT OF WAY DEPT. 3450 Riverwood Parkway SE, Room 162 Atlanta, GA 30339 ROUTE: Dubuque to Centralia FT "A" SURVEY STA. TO MARKER: REP. TRACT NO. DRAFT NO. ASSIGNMENT OF COMMUNICATION SYSTEMS RIGHT-OF-WAY AND EASEMENT Now, therefore, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt whereof is hereby acknowledged, the undersigned, AT&T Corp., a New York corporation, (hereinafter called "Assignor") does hereby assign, transfer and convey unto to The City of Dubuque, its affiliated companies, and its and their successors, assignees, lessees, licensees and agents (hereinafter collectively called "Assignee") all rights, title and interest in and to the right- of-way and easements described in Exhibit "A" attached hereto and made a part hereof, together with the facilities within, including an abandoned cable, facility identification markers and appurtenances. The easement property is being conveyed "as. is",. "where is", and "with all faults" as of the effective date, subject to any existing encumbrances and without any representation or warranty whatsoever as to its condition, fitness for any particular purpose, merchantability or any other warranty, expressed or implied. The Assignee is hereby acquiring the property based solely upon its own independent investigations and not in reliance on any information provided by The Assignor. The Assignor specifically disclaims any warranty, guaranty or representation, oral or written, past or present, expressed or implied, arising under statute, common law or otherwise, concerning the property, AT&T'S title thereto, existing encumbrances or whether and to what extent the property constitutes real property under applicable law in which event such real property is not being conveyed pursuant to this assignment. The Assignee shall and hereby agrees to indemnify, defend and hold The Assignor, its affiliates, successors and assigns (and their partners, officers, directors, shareholders, members, managers, trustees, beneficiaries, employees, and agents) ("AT&T Related Parties") harmless from and against any and all liens, claims, demands, causes of action, liabilities, losses, penalties, judgments, costs and expenses (including reasonable attorneys' fees), and any injury to person or loss of life or damage to property, in any way caused by, arising out of or resulting from any activities or work of The Assignee or any of its agents, employees, contractors, representatives, invitees, assignees, lessees, licensees or permittees in connection with the easement Property, provided that The Assignor shall remain fully liable for, and will defend, indemnify and hold harmless the Assignee from and against, all liens, claims, demands, causes of action, liabilities, losses, penalties, judgments, costs and expenses (including reasonable attorneys' fees), and any injury to person or loss of life or damage to property, to the extent arising out of resulting from or in connection with the easement Property prior to the effective date. Each of the right-of-way and easements assigned herein are subject to the terms and conditions of this assignment and no other rights or claims, except those included Grant of ROW - 2/06 in this assignment and that certain unrecorded Bill of Sale by and between the parties hereinabove, are hereby conveyed. The Assignee shall assume all responsibilities, obligations and liabilities contained in or associated with this agreement. IN W TN day of S W REOF, the parties have duly executed this instrument this , 2017. WITNSSE BY: Sandra_ 61 rakfriOt (Seil Tor *114;cet( /am:Jed/11r Kevin S, Firnstahl City Clerk Assignor: AT&T CORP: - By: d41,;, Name: Alvin S. Richardson Title: Senior Technical Project Mgr Assigne h City of Dub quo D Roy D. Buol Mayor Corporate Acknowledgment for Assignee STATE OF IOWA) COUNTY OF DUBUQUE ) SS: On this17 thday of July , 2017, before me, the subscriber, personally appeared Rov D. Buol to me known, who, being by me duly sworn, did depose and say that (s)he is the Ma yn r of the City of Dubuque , the corporation described in, and which executed the within instrument, and that (s)he signed her/his name thereto by order of the_Board of Directors. TRISH L. GLEASON 2 Commission Number 719986 f -e,..• My Commission Expires •)z.i•—) Myfolommission expires: ' -13 • r") Grant of ROW - 2/06 Notary Public 2 Corporate Acknowledgement for Assignor STATE OF GEORGIA) COUNTY OF 1 E MLL3 ) SS: On this 2.41) day of Aucius+ , 2017, before me, the subscriber, personally appeared Alva'n S. Rictil,relvlq to be known, who, being by me duly sworn, did depose, and say that e/he is a Senior Technical Project Manager of AT&T Corp., the corporation described in, and which executed the foregoing instrument, and that.s/he signed his/ I4ep name thereto by order of the Board of Directors. My commission expires: A r; 1 20 ,.0141 Grant of ROW - 2/06 EXHIBIT A RIGHTS-OF-WAY SCHEDULE OF ASSIGNED RIGHT-OF-WAY AND EASEMENTS County Recorded Oricjnal Grantor Dubuque 7/7/88 R. Myers 8111/93 Dubuque 0/22/88 FLPfeiler 13061/9 Dubuque 6C22/88 R. Schueller 2013/18503 Dubuque 6/22/08 R. Schueller 2013/4291 Dubuque 6V22/88 R. Schueller 2013/18472 Dubuque 6/22/88 FL8ohUeUer 16148/9 Dubuque 6/22/88 R. Schueller 2013/77 Dubuque 6/22/88 R.8chueUer 2017/2934 Dubuque 6/22/88 R. Schueller 2015/13574 Dubuque 6C22/88 R. Schueller 7277/2 Dubuque 8/22V88 R. SchueUer 2017/851 Dubuque 6/22/88 R. Schueller 8040/98 Dubuque 6/28/88 Merkes 9/20052 Dubuque 8/4/88 Graf 2015/7648 Dubuque 6/10/88 K. Weland 4950/88 Dubuque 8/10/88 K. Weland 2013/10682 Dubuque 6y10H88 K. Weland 7/3260 Dubuque 0/10/88 K. Weland 2016V17104 Dubuque 6/10/88 K.VVe|gnd 2013/16682 Dubuque 7/15/88 Siegert 5903/88 Grant of ROIN - 2106 4 CoumtyRecorded OriginalGrantor Book/Pacm Dubuque 8/22/88 Kuehn 2016/13001 Dubuque 8/4/88 David Blake 8/15540 Dubuque 3/22/08 Roadway 2015/17272 Dubuque 9/22/88 Roadway 2005/18068 Dubuque 9/22/88 Roadway 18969/5 Dubuque 10/14/88 2ndaFyRoadway &Smith 3/3429 Dubuque 10/14/88 Smith 2013/1280 Dubuque 7/15/88 Smith & Schmitt 90/7503 Dubuque 9/15/88 Schmitt & Byrne 90/8572 Dubuque 8/15/88 Byrne 91/3132 Grant of ROW - 2/06 Ai T IA -DU -000700 EXA 7590 GRANT manna 6/87 Received of AT&T Communications of The Midwest Inc. Five and no/1.00 ,----^-----------poilan In consideration of which the undersigned hereby grant and convey unto said Company, Its associated and allied companies, Its and their respective successors, assigns, lessees and agents, a right of way and easement to construct, operate, maintain, replace and remove such communication systems as the grantees may from time to time require, consisting of underground cables, Ilghtguldes, wires, conduits, manholes, drains, splicing boxes, repeaters, repeater housings, together with surface testing -terminals, markers, acid other appurtenances, ; upon, over and under a strip of land 163 feet wide across the land which the undersigned own or in which the undersigned have any interest in Lot one (1) of Lot two (2) of Lot one (1) of Lot one (1) of Block two (2) of Northrange 7.ndustrial Park, Section 20, Township 89 North, Range 2 East of the 5th P.M. City Dubuque Dubuque Iowa iTmrm:bdp of ,County of q ,and State of together with the following rights: Of ingress and egress to, from, and along lands adjacent to said strip tor the purpose of constructing and maintaining communication systems within said strip; to place surface markers beyond said strip; to clear and keep cleared all trees, roots, brush and other obstructions from the surface and subsurface of said strip and during construction to cut all trees within ten feet thereof; and to Install gates In any fences crossing said strip. The Northerly boundary of said lb} foot and 5 feet Northerly strip shalt be a line parallel to of.the tlrst cable or Ilghtguide laid, which cable or Iightguide shall have Its location indicated upon surface markers set at Intervals"on the land of the undersigned or on adjacent lands. the undersigned for themselves, their heirs, successors and assigns; hereby convenant-that no structure shall be erected or permitted on said strip. The grantees agree that the said cables or lightgutdes shell be buried below plow depth Inorder not to interfere with the ordinary cultivat1 n of the ,strip, and to pay tor damages to fences and growing crops arising from the construction and maintenance'of 1e"adttaaid'systems incorporated herein. Provisions of the Long Form Agreement are This right of way and easement shall be deemed to run with the land and shall be binding on grantorand on grantor's successor: and assigns. Each of the undersigned hereby relinquishes all rights of dower, homestead and d Interests conveyed by this grant. Signed and sealed this3 /day of at 7873-88 STATE OF IOWA COUNTY OF Dubuque On this 3/ personally appeared to me HI 2 17 �'d,SER ` WA FEES .S`; (49 Source of TI Signature Name Print Signature Naine:Printed Signature Dame Printer+. August veshare, Itany, In and to the ,1988 d Book 12527 Peg 86 SEAL) (SEAL) (SEAL) day of August , 19B8 before me"a notary public in and tor the State of Iowa, Helene M. Byrne known to be the person (or persons) who executed the foregoing instrument; and ackn©wt c; , thst he (or they.),executed the same as his (or their) voluntary act and deed. 14/ My commission expires: 9- 3 6 frikr-COritittilittOlk110401 The-Mtrivieflt Inc. kif - • *id soinpanses, andthelryespective • Operahk.rnaintelh,:replieeStritt Neese:Our* coonn Coriiiteihvgdruildergrotnufeableajlihtgilichte;":WIrthii, hush1Us,tg.Ih.r WiNkstirface UstIng-ifirnikialsorieriters.-iancl oh." ;Utriterivetrio of hind 16 feet wide across-theitlinifeilitchthelinderilgrteg:own oriiwhIch haya jeji interegj in Lot one (1) of the Subdivision of lot: one (1) .of. Lei ',one-, kL) --;;PI,.-1.,fet-;,-one. (I) of Lot one (1) of Block two (2) of Northrange indisotrial- Patic Section. .;.. . 201i ,ntoifn-ship_ 89 North, Range 2 East of the 5th L.M. tjuot Dubuque- county of Dubuque , intd4tite-ot-- :Ow " -the following rIghtz 01 ingress and egress, to, from, and along lentil adjacent to sold ittripiraritie purpose of isortirtrUeliettrenclmstntatinIng communication -system a within said strip;,to place surface markers beyond seldet110; torelear and kerip-Chteredall-trees, roots, brush and other obstructions from the surface and suburfecivot said strip and during-construcUon to cut -ill -trees within:ten teat thereof; and to Install gales In any fences crossIng.said-strip, The Northerly ti boundary of safr1 16foostrip shall be a line prone to anti 5 feet Northerly ot the first cable or lighlgulde laid, which cable or lIghtgulee- shall have Its location Indicated upon surface -markers set at intervals on the land of the undersignedcr on adjacent lends:The undersignedfor themselves, their heirs, successors and assigns, hereby consonant that no structure shall be erectedair permitted on said strip. The grantees agree that the said cables or lightgutdee shill be burled below plow depth in order net to interfere with the ordinary cultivation of the strip, and to pay for damages to fences and growing crops arising Nom the m construction and maintenance of the aforesaid systems Provisions of the Long ForAgreement are incorporated herein, This right of way and easement shall be deemed to run with the land and shall be binding an grantor and on grantor's successors and assigns. Each of the undereIgned hereby rellnqulsheiatt rights of dower. homestead and distributive share, if any, !nand to the interests conveyed by this grant. Signed and sealed this /1 day of at Winless: - —66 Ut; I 1'1 I-11'1 Z:J 3s COUY, ),:tt Source of Tftle: Deed Sod* 8541 ,.„ .F.F,uES. k.:mPORATE ACKNOWLEDGEMENT STATE OF IOWA COUNTY OF DUBUQUE } ss. Onthis19Th day of AUGlN'o 19 , SS before me, the undersigned:it-Notary-Public In and tar theState :JOHN MOBERLY RELENE BYENE of-lowa,„ personally appeared en,4 VICE .PRESIDENT Signature Nam Signature Name Printed Signature Name Printed , Page 87 to me personally known. who, being by me duly sworn, did say and SECRETARY to which this Is attached, that (the seal affixed thereto lathe seal of -the -raid) corporation: thet saktinstrument was skirted (and sealed} oat/shalt Of taidcorrioratiori by erithorilytif iiiecterdcif Olreeitini.j-and that -the sold VICE PRESIDENT and SECRETARY asittich,o " otsald Instrument to Ore the visluntary act and deist of teed cferpenition..4 end by therny the respectively, of said corporation- exectifIng the wahtnand foregoing inittorrifent (no seat has been procured by-lhe said) --Publlein_anttirse-taid 7 as his (01 MY- 10004401-.. . ; flUe De.d�ook 41/- iotore mea notnrY pithilo In a &J atd rtilaSintith, * * * * * o, cc; STATE OF IOWA COUNTY OF • OrtirtaCided--ther'foragoing ins's-omen:44nd acknowledged that he- (oil' jt litted.- 1-8t1 On Mis day of personalty appeared to me . - 9' -- Herne Printed . Signature Name Printer+, Signature NamorPrinti+0 Source of Title: Deed Book. . I „ (SEAL) (SEAL) (SEAL). .16 before me a notary public in and for the State of Iowa, known toile the person (or persons) who executed the foregoing Instrument, and acknowledged that he (or they) executed the same as his (or their) voluntary act and deed, Wiy zonstesittion expires- - Witness: 0 to al 0 '0 Et •r4 0 Z ri3 14 44' - 0 4J TATE qF IOWA MINTY:Of On -this day of co g personally appeared to me o Q known to bit tits -person (or persons iaMit asida (gr Melt') voluntary act and deed. 4=1 = ..rn commiation,expires- Signature Name Printed Signature Name Printeri Signature Name Printer+ (SEAL) (SEAL) Source of Title:peed Book Page , 19 before me a notary public in and for the State Of ut the to ndackmWg�dththe(or theyr",. 8 AT&T IA -DU -000800 GRANT Received of AT&T Communications of The Midwest inc, Five and no/100 --------------------Dollars, in consideration of which the undersigned hereby grant and convey to said Company, its associated and allied companies, its and their reit Rectify/ succes'sors, assigns, lessees and agents, a right of way and easement to construct, operate, maintain, replace and removeidotirto p p hxiiiiunlcation systema as the grantees may from time to time require, consisting of underground cables, lightgutdes, wires, conduits, manholes, drains, splicing boxes, repeaters, repeater housings, together with surface testing -terminals, markers, and other appurtenances, upon, over and -under a strip of Land 16i feet wide across the land which the undersigned own or In which the undersigned have any interest ir Lot two (2) of Lot two (2) of Lot one (1) of Lot one (1) of Block two (2) of Northrange Industrial Park, Section 20. Townshio 89 North, Range 2 East of the 5th P.M. EXA 7590 KNIMMEK 6187 City Dubuque Dubuque Iowa Tlifii�i of , County of ,and State of together with the following rights: 01 Ingress and egress to, from, and along lands adjacent to said strip for the purpose of constructing and maintaining communication systemswithin said strip; to place surface markers beyond said strip; to clear and keep cleared all trees, roots, brush and other obstructions from the surface and subsurface of said strip and during construction to cut all trees within ten feet thereof; and to install gates in any fences crossing said strip. The Northerly boundary of sae' 16i foot strip shall be a line parallel to and 5 feet Northerly of the first cable or Iightguide laid, which cable or lightgulde shall have its location Indicated upon surface markers set at intervals on the land of the undersigned or on adjacent lands. The undersigned for themselves, their heirs, successors and assigns, hereby convenent that no structure shall be erected or permitted on said strip. The grantees agree that the said cables or llghtguldes shall be buried below plow depth in order not to interfere with the ordinary cultivation of the strip, and to pay for damages to fences and growing crops arising from the construction and maintenance of the aforesaid systems Provisions of the Long Form Agreement are incorporated herein. This right of way and easement shall be deemed to run with the Land and shall be binding on grantor and on grantor's successors and assigns, Each of the undersigned hereby relinquishes all rights of dower, homestead and distributiveshare,11 any, In and to the Interests conveyed by this grant. Signed and sealed this / a 7'H at —1)04..v/(./ A Witness: STATE OF IOWA COUNTY OF Sc/ day of JO MO CO COUNTY RECORDER DUBUQUE CO., IOWA FEES On this / rff day of t/ti L. V personally appeared to me .b! -#✓i © J. 3G.h ih/r7` known to be the person (or persons) who executed the for same as his (or their) voluntary act and deed. Signature: Name Print Signature Name Printed Signature Name Printed Dav Susan J Schmitt, wife 917 (SEAL) husband (SEAL) : 0s My commission expires: (SEAL) 26825 ,page 75 public In and for the State of Iowa, 7 -7 -- god that he (or they) executed the 9 IA -DU- 200 T GRANT Received of AT&T Communications of The Midwest Inc. Five and no/100 --,-—.__________" Dollan,inconsidecatior�ts- tieu�nc�rgnedlterebygrariEand:y f*said Company, Itsassociatedand allledcompanies,'Nand thet s#p rAs .as$ ns;'tes eesandagents,a-riyhtot y and easement 1econsitruet; operate, maintain; replace and remove such cam itiunT r . yittetir lig the grantees may from #� *' e.rsquire,.consistfing of underground cables,"Iightguides, wires, conduits, ma boxes, repeaters, ater housings, together with surface testing -terminals, markers, and othe to " n, over and under strip of land 16" feet a . wide across the -land which the undersigned awn or in which the undersigned hereany interest.in The South 20 feet of Lot 1 of Subdivision of the Southeast Quarter (SEk4:of the Southeast Quarter (SEk) of Section 19, Township- 89 North, Range 2 East of the'5th P.M. Township of Dubuque . County of Dubuque and State of Iowa" together with the folli.rving rights: Of ingress and egress to, from, and along lands adjacent to said strip for the purpose of constructing and maintaining communication systems within said strip; to place surface markers beyond said strip; to clear and keap cleared all trees, roots, brush and other obstructions from the surface and subsurface of said strip and duringconstructton to cut all trees within ten feet thereof; and to Install gates in any fences crossing said strip. The Northerly boundary of said 16} foot strip shall be a line parapet to Ind 5 feet Northerly of the first cable or Iightguide laid," whichcable or Iightguide shall have its location indicated" upon surface markers set at Intervals on the land of the undersigned or on adjacent lands. The undersigned for themselves, their heirs, successors and assigns, hereby convenant that no structure shall be "erected or permitted on said strip. The grantees agree that the said cables or tighiguides shall be burled below plow depth. In order: not to interfere with the ordinary cultivation of the strip, and to pay for damages to fences and growing crops arisingfrom the construction and maintenance of the aforesaid systems Provisions of the Long Form Agreement are incorporated herein. This right of way -and easementshatl be deemed to r rn" with the land and and assigns: !Tach of the undersigned,hereby, retiingtsishes altrlghts of;di Interests conveyed -by this grant . Signed and seafedthis al Witness: STATE OF.iOWA outcry - On this .:*YFN0LDS• COUNTY R- n1j»UQUE t.; €v$ Rignature Name. Prin Joseph, S: Signature" NaiiieiP (SEAL) Davi.1`. "B""lake:. a/k-/a David divarced>.and.not remarried (SEAL); Myci 10 IA—DU-001300 ATT GRANT Received of AT&T Communications of The Midwest Inca Five and no/100 ---------------- Dollars, In considerattonof whist the undersigned hereby grant and convey 10sald Company,,lts associated and allied companies, its and their respective successors, assigns, lessees and agents, a right of d easement to construct, operate, maintain, replace and remove sdclieommunlcation•systems as the grantees may from o time require, consisting of underground cables, lightguldes, wires, conduits, manholes, drains, splicing: boxes, repeaters, er housings, together withsurface testing -terminals, markers, and other appurtenances, , over and under a strip of land 16} feet wide across the land which the undersigned own or in which the undersigned have any Interest jr, The South twenty feet (20') of Lot 2 of Subdivision! of the Southeast Quarter (SE}) of the Southeast Quarter (SEi;) of Section 19, Township 89 North, Range 2 East of the 5th P.M. 6/87 Township of Dubuque , County of Dubuque , and State o1 Iowa together with the following rights: Of ingress and egress to, from, and along lands adjacent to said strip for the purpose of constructing and maintaining communication systems within said strip; to place surface markers beyond said strip; to clear and keep cleared all trees. roots, brush and other obstructions from thesurface and subsurface of said strip and during construction to cut all trees within ten Leel thereof; and to install gates in any fences crossing said strip. The and Northerly 5 boundary of said feet Northerly 16} foot _ strip shall be a line parallel 10 of the first cable or lighigulde laid, which cable or Iightguide shall have its location indicated upon surface markers set at intervals on the land of the undersigned or on adjacent lands. The undersigned for themselves, their heirs, successors and assigns, hereby convenantthat no structure shall be erected or permitted on said strip. The grantees agree that the said cables or Iightguldes shall be buried below plow depth in order not to interfere with the ordinary cultivation of the strip, and to pay for damages to fences and growing crops arising from the construction and maintenance of the aforesaid systems. incorporated herein. Provisions of the Long Form Agreement are This right of way and easement shall be deemed to run with the land and shall be binding on grantor and on grantor's successors and assigns. Each of the undersigned hereby relinquishes ail rights of dower, homestead and distributive share, if any, in and to the Interests conveyed by this grant. Signed and sealed this { 2' lay 01 L.- V r ,19 g 5906--88 Signature Name Printed Mar#,-vnn K. Blake a/k/a Marilynn Kay Blake, divorced and not romarriart (SEAL) Signature Name Printed Signature Name Printed STATE OF IOWA CouNTY OF On this personalty ape ource of Title: Deed Book 233.E p (SEAL) before me a notary public h!`tot Ce'of to known to be the perso same as his (or their) volu My commission expires: persons) who ex tary act and deed. going. Instrument, and acknowledged tI 11 ,,-'7'4,•;;* •P:; -F' Refielvect'et AT&T Communications of The Midwest Mc. l'ilie and no/ WO • Itaiti*: itrilidilderiffdit4f4fittlph the undersigned hereby -..' unto:S*14C*Opens, its asseciated end allied companies; Its andtheir rellpattilt Ucbtereort,-Ilisigns, Mimeos andegatits,"artght Of way andeasemeitt to construct, operate, maintain, refilace andr.mh coco system* as thergrintees may front -1 time totimerequire, consliting of:underground-cables, lightguides, oik. xtiiiinholea, drairm, splicing boxes, repeaters, - •"•i '•'!„'. mpeater housings, together With surface testing -terminals, markers, and other appurtenances, , ,• .!. .".; . . .EXA. 759O GRANT ,f4012#A 100 upon, over and under a strip of land the undersigned have any interest In ,incorporated herein. 16 feet wide across theland which the undersigned own or In which See Exhibit A attached hereto and bY this reference Township of Dubuque , County of Dubuque , and State of Iowa together with the following rights: Of ingress and egress to, from, and along lands adjacent to said strip for the purpose of constructing and maintaining communication systems within said strip; to place surface markers beyond said strip; to clear and keep cleared all trees, roots, brush and other obstructions from the surface and subsurface of said strip and during construction to cut all trees within ten feet thereof; and to Install gates in any fences crossing said strip. The Westerly and/or Northerly boundary of sew 16} foot strip shall be a line parallel to and 5 feet Westerly and/or Northerlm the tirit cable or lIghtguide laid, which cable or ltghtgutde shall have its location indicated upon surface markers set at Intervals on the and of the undersigned or en adjacent nds. The undersigned for themselves, their heirs, successors and assigns, herebyconvenantitutt no structure shall be erected or permitted on said Milo. The grantees agree that the said cables or lightguides shall be burled plow depth In ordernot to interfere with the ordinary cultivation ot the strip, and to pay for damages to fences and growing. crop* arising- from the conatructionand maintenance of the aforesaid systems Provisions of the Long Form- Agreement are incorporated herein. This Grant of Easement Suoercedes that Grant of Easement dated June 23, 1988 and recorded in the Dubuque -County Book of Records on June 28, 1988 Book 5224-88 (two pages) . This right -of way and easement shall be deemed to run with the land and shall be binding on grantor and on -grantor's successors and -assigns; Each01the undersigned hereby relinquishes -ail -rights of dower, homestead anddistributive share, ttany, in and to the interests conveyed by this grant. Lt Signed and sealed this at Witness: STATE OF IOWA COUNTY OF a. 88 JUL 15 Rfil 9 42 ttL: 'RIO LOS COUNTY IEGORDER DUBUQUE CO., IOWA EE On this ILI day of personally appeared to me 7\1 I • ,1 known to be the person I, same as his (or their) voluntary My cornmiulon expirev -- Name Pri Signature Name P Slgnatura Name Printed EE_ (SEAL) -eta A. Siagert, husband #82189 ource of Me: Deed Book 335 , Page 85 , (SEAL) (SEAL) 19 , before me a notary public In and for the State 12 IA -DU -0,02000 EXA759,0 "EXHIBIT A" ,•• . , following described tract of land, to -wit: ,- The-iRaaahWeat-Qtartar (SWitoUthe Northeast Quarter (NEt) excepting that , Gran4eN anaelisent*y:,;dey4fOorthWard from -the South 16/ feet within the j44#00t0i4rter (SW)Ol'the'Nnitheast-Quarter (NE) in order to avoid , •! 4aas:androresk.which are-lotated in-approkimaie center of the South onparty line of said, -Southwest Quarter (SW) of the Quarter (NE), . , ii14,drAntee agrees to bury all such Cable or conduit a minimum of eig4Y.±4-our Indies (84") below the surface of the ground for the entire length of said deviation; Lot two (2) of Lot one (1) of the Southeast Quarter (SE) of the Northwest Quarter (NEt); Lot one (1) of Lot one (1) of the SOO:theaStQuarter (SE) of the Northwest Quarter (NW); all in Section 30, Township 89 -North, Range 2 East of the 5th P.M., Dubuque Township, Dubuque County, Iowa. The East 16} feet of the followi described tract of land, to -wit: The Southwest Quarter (SW) of the Northeast Quarter (NE); Lot one (1) of Lot one (1) of the Northwest Quarter (NW) of the Northeast Quarter (NE); all in Section 30, Township 89 North, Range 2 East of the 5th P.M., Dubuque Township, Dubuque County, Iowa. Exhlbit A to tha Grant of ,EaSiMent:4at-ed-', tr§-16,:wilia* -AT4t-r-tointatiiit4ntions., or theMtdwet;Inc. 13 IA—DU-002000 EU 7590 GRANT ED Redeleid- of AT&T Communications of The Midwest Inc. Five .and no/100 --------- Dollars, In consideration of which the undersignedtferebOrtind convey unto sald.Company, its associated and allied companies, its and their respective succestkireirtiaillha, fdieff4and skairibli.a right Of „ wayand easement to construct', operate„mahrtalr4 replace:and reriveve such communicatten systems ai-theirarileastaltiriaM time to time require, consisting of ,underereepdcalatill;:lightftilderi;*Ires, conduits, manholes, drajneorRlictnitibxes`;reOtraters, - repeater -housings, together wlth surface testing-terminids,1Moticika, and other appurtenances, • r „ 16 feet acrose-the land which the undersigned own or In Whist, See Exhibit A attached here -to and by this reference upon, over and under a strip ot land the undersigned have any interest In incorporated herein. Dubuque Dubuaue Township of , County of , and State of Iowa together with the following rights: Of ingress and egress to, from, and along lands adjacent to said strip for the purpose of constructing and maintaining communication systems within said strip; to place surface markers beyond said strip; to clear and keep cleared all trees, roots, brush and other obstructions from the surface and subsurface of sold strip and during construction to cut all trees within ten feet thereof; and to install gates In any fences crossing said strip. The Westerly and/or Northerlyboundaryof said 16i foot strip shall be a line parallel to 5 and feet Westerly and/or Nor therla -the first Quote or aghtgotote„tekt, which cable or lightguide shalt have Its location Indicated upon surface- markers set at intervals on the landbf the undersigned oron adjacent lands. The undersigned for themselves, their heirs, successors and assigns, hereby convenant that no structure shall be Or permitted on said strip. The grantees agree that the said cables or ilghtguides shall be buried below plow -depth in order not to interfere with the ordinary cultivation of the strip, and to pay for damages to fences and growing-, crops arising- Brom the construction and maintenance of the aforesaid systems Provisions of the Long Form Agreement are incorporated herein. This right of way and easement shall be deemed to run with the land and shall be binding on:grantor and on grantees successors' and assigns., Each-ot the undersigned hereby relinquishes all righta of dower, homesteadand distributive shares enY, In and:tattle Interetts-eonveyed by this grant. Sloped/1nd seated' this r2. day of ot JA) 13 LA Cc). ( tszi Witness: .0? ER :0',1A. FEES STATE OF tOWA COUNTY OF On thit 23rd day of June personally appeared to me William A, Siegert end Janet L. Sie)/e-rt k nown_ to- be the person (or persons) who executed the foregoing ins, same ashts (or their) Voluntary sot and deed. Signature Name P Signatu ftamePitnted Signature Name:Printed Source of Title; Deed Book #02180 335 ,044:4; ,10 88 :beforente.entity public In andtor the $t*t, of, laWis, My commission expires: 14 ,„. ' ?,,DV -002060- ' . -- '1V41540:,- "EXHIBIT A" The South I6i feet of the following described tract of land, to -wit: The,SOUthwest-,Quarter (SWk) of the Northeast Quarter (NE); Lot two (2) of Lot one (1.) of the Southeast Quarter (SE) of the Northwest Quarter (NWk);, Lot One, (1). of Lot one (1) of the Southeast Quarter (SE) of the Northwest Quarter -(140)4 all in Section 30, Townste,p 89 North, Range 2 East of the 5th-P.A., Dubuque Township, Dubuque County, Iowa. The East 16k feet of the following described tract of land, to -wit: The;SOthwest Quarter (SW) of the Northeast Quarter (NEI); Lot one (1) of Lot-Oue-,.(0- of the Northwest Quarter (NW) of the Northeast Quarter (NE); allsin, Section 30, Township 89 North, Range 2 East of the 5th P.M., Dubuque Township, Dubuque County, Iowa. 2.'21 Ekhibit A to that Grant of Easement dated the VAP Cay of , 1988, fromiOEUjam A. Siegert, et-Ux, to AT&T COmmuniCations of the fidwest, Inc. 15 GRANT &T communlcatfan, of The Midwest litC. .--, ,: U.X:--- Pi174, and no/100 '6"'''''''''''"•*-**"'-'''`'"'"....".."''"."1:ttigarl, in cansideration4WhInW ii : _ , % '„- .. " ".. y; ihrees0Clated and allied companies, its andthares lrpective4 :4 „ „ _.. :Construct, oporret0, maintain, replace and remove such , tenin1 litingunderground cables, lightguldos, Wires, cortd- i „ Inquire vepstsr housinal011/gather with surface testing -terminals, markers, and other alpurtentinces, < , , :- ',upon, Over -and under a strlp of land 16i feet wide across:the landwhich the undersigned ' the undersigned have any Interes1 ir See Exhibit A attached hereto and by this reference incorporated herein. TOWnII,Ip 01 Dubuque & Center County of Dubuque 104410 at Itwa< together with the following rights: Of ingress and egress to, from, and along. fands adlticent to seld'Irtriplor of constructing and maintaining communication systems within said strip; to place Surfacenvarkeri bmiesidsalctsfrip; tricbrin and keep cleared all t rees, roots, brush and other obstructions from the -surface and subsurfaceof mild stritrandoltiring derudniction to cut ail trees within ten feet thereof; and to Install gates in any fences crossing saitstrip. The Northerlv boundary of said .. 164. foot strIn--shell;b4.-eline, .- - -r--; , and - . 5 lest Northerly :of ti* first, cOilior light0410,!ck : ;cap** lightgrride shall havelts location indicated -upon surface markers set at intervisisin the land'of the undel '- " -- - . < . . --.... . lands. The undersigned -for themselves, their heIrt, successors andamilgps, hereby conveitantthatria- permitted -On taktstrip. The grantees, agree that the said -cables -or lightguldiesiltall beiburled below-plOvi=".. " .. .in �t ,..., .., , . 'interfere with the -ordinary cultivation of the strtp, and it), pay for damage. to fence, and growing - cretlii-erisIng -construction -and Maintenance of the aforesaid systems Provisions of . ihe lono 'Form- 4r-esitinf: a -re "--.-- incorporated herein. This:right of way and easement shall -be deemed to run with the land and shall be biniiingen grantor and on-graribirdalliCcrtSsont andastignik Each of the undersigned hereby relinquishes alt rights of dower, horriestesdanddittributivesheri;ltaitY,-Insilidtir interests -conveyed by this grant. at –(4- and sealed this /0 day of •—gez .5 -..?-42 0 / Signattare (SEAL) ed We itabiip*-20T20', : „ , in t -,-;1 IuntrYaclfldd4F. 16 IA!"*11i402S'00r-: 4 • "EXHIBIT A" . . • „ 1: —I.,,pt?twq,:W9f-OubdiVisiOn of the Southeast Quarter (SE) of the Northeast --*grA#Eilt and OifE'OUth Ons4falf (Si) of the South One-half (Si) of tha101IoWing,,,deSOribed tract Of land, to -wit: Lotone-:-(-WOfot- one (1) of Subdivision of the Southeast Quarter (SE) of thn?-NOrtbeaat,Adarter'OEI)lrail in Section 25, Township 89 North, Range 1 DObuqua Township, Dubuque County, Iowa. 2.- The South One -Half (Si) of the South One -Half (Si) of the following described tract of iSh4:-to,;.4,1t: 144911e (1)- Of Subdivision of the Southwest Quarter (SWO of the Northwest *rter (SW1)4:1.iit'two(2) of Subdivision of the Southeast Quarter (SEt) of theNatthWeatAUarter. 01,10;-• all in Section 30, Township 89 North, Range 2,EiSt ofthe5th Center Township, Dubuque dounty, Iowa. 17 .GRANT gust" Received of AT&T Communications of The Mldwesl Ing F,Ive and no/100 - 'Dollars, In consideraficip,otwIrdpbthaunclersIgned hereby grant and convey 'unto said Company, Its associated and ailed companies,I is and thalr respetl(ve, eucF syo,r.9.dba10s;,lessees and agents, a right al (way and easement to construct, operate, maintain, replace and remove such communi.,0!,ri syplefns as the grantees may Irom line to time require, consisting of underground cables, lighlguidee, wires, conduits, menhgles, drelhs, splicing boxes, repeaters, rcpepler housings, together with surlace testing -terminals, markers, and otherappurlenances; s (jppn, aver and under a strip of land 16 ( feet wide across the land which the undersigned own or In which Ihe undersigned have any Interest I, rThe South One -Half (Si) of the South One-lialf (Si) of Lot 1 of Lot 1 of Lot 1 of Subdivision of the West One-l'alf (W}) of the Northeast Quarter (NEI) and ,the Northeast Quarter (NEI) of the Northeast Quarter (NEI) of the Southwest Quarter (SWO7and {the Northwest, Quarter (NWi) of the Northwest Quarter (NWI) of the Southeast Quarter (SEI)Jall in -Section 25, Township 89 North, Range 1 East of the 5th P.M. Township of Center , County of Dubuque , and State of Iowa together with the lollowing rights; 01 Ingress and egress to, from, and along lands adjacent to Bald strip for the purpose of constructing and maintaining communication systems within said strip; 10 place surface markers beyond said strip; to clear and keep cleared alt trees; roots;brush and other obstructions from the surface and subsurface of said strip and during construction lo cut Ml trees within len feel thereof; and to Install gales In any fences crossing said strip. The Northerly boundary of said 16i foot str€p shall be a fine parallel to and 5 feet Nor therly l the first cable or IIghtgulde laid, which cable or flgirlgulde shall have Its location Indicated upon surface markers set al Intervals on the land of the undersigned or on adjacent lands. The undersigned for themselves, Ihelrhelrs, successors and assigns,hereby convenant that no structure shall be erected or peimltled on said strip. The grantees agree that the said cables or Ilghiguldes shall be burled below plow depth In order not to Interfere with the ordinary cultivation of the strip, and to pay for damages to fences and growing crops arising horn the construction and maintenance of the aforesaid systems Provisions of the Long Form Agreement are incorporated herein. This right of way and easement shall be deemed to run with the land and shall be binding on grantor and on grantor's successors and assigns. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share, II any, In and to the Interests conveyed by this grant, Signed and sealed Ihls 2 ( day of at Witness: STATE OF 10WA COUNTY OF .1;1:, 'Signature ._-...la .� )4 Name P ler+j ,lame '3. Graft'}� Signature °`✓ 6-4A a, /t! t,,,�_ _ Name Printed Doris A. Graf, wY2fe Slgnalure Name Printed 19 (SEAL) band Source of Title: Deed Book 2 SEAL) (SEAL) 52 305 52Pa£a 297 before me a notary public In and for the Stale of Iowa, Gra r uted the foregoing Instrument, and acknowledged that he (or they) executed the kno Mo,tib Ihp,personQoro6Arson same as h(s.(o� thelS)(vpluntary act and deed. My commission expires: -/L: r /`"gi (13) 18 AT IA—DU-001400 GRANT Received of AT&T Communications of The Miduras{> C ive and no/100- ------ ----- ------:-tia4nvitiersxn'ddiarapao not sold Company, its associated and allied companies, Its and that y and frasemerrt W construct, operate, maintain, reply a �adrernav OU � n,,., e Ume require, consisting of underground cables, ll0ptgt�ifd `s',:wires; Go ter housinjs, together With surface testing -terminals, markers, and other appurtenances, n, over and under a strip.of land 16i feet wide across the land which the undersigned own or In which the undersignedhaveanyimerestlr Lot one (1) of the Northeast Quarter (NE}) of the Northeast Quarter (NE}) of Section 30, Township 89 North. Ranee 2 East of the 5th P.M. EXA 7590 taivamunit 6/87 undersigned hereby grant and convey *signs, lessees and agents, e rightof unication systems as the grantees may from holes, drains, splicing boxes, repeaters, Township of Dubuque , County of Dubuque , and State of Iowa together with the following rights: Of ingress and egress lo, from, and along lands adjacent to said strip for the purpose of constructing anH maintaining communication systems within said strip; to place surface markers beyond said strip; to clear and keep cleared all trees, roots, brush and other obstructions from the surface and subsurface of said strip and during construction to cut all trees within ten feel thereof; and to install gates in any fences crossing said strip. The Northerly boundary of said 16} foot strip shall be a line parallel to and 5 feet Northerly of the first cable or Ilghtguide laid, which cable or lightgulde shalt have Its location Indicated upon surface markers set at Intervals on the land of the undersigned or on adjacent lands. The undersigned for themselves, their heirs, successors and snips, hereby conversant that no structure shall be erected or permitted on said strip. The grantees agree that the said cables or lightguides shall be buried below plow depth In order not to interfere with the ordinary cultivation of the strip, and to pay for damages to fences and growing crops arising from the construction and maintenance of the aforesaid systems Provisions of the Long Form Agreement are incorporated herein. This right of way and easement shall be deemed to run with the land and shall be binding on grantor and on grantor's successors and assigns. Each of the undersigned hereby relinquishes all rights of dower, ho.,:estead and distributive share, if eny, 'nand to the Interests conveyed by this grant. 64 Signed and sealed this day of 3 19 at Witness: 00 STATE OF IOWA DU COUNTY qF; On th person PNOLDc RDER IOWA FEES, tn known o same as My com Signature Name Printed Signature Name Printed Elda M. Kuehn, Signature ..c Name Printed Tho L— SEAL) uehn, husband Source of Title: Deed Book 1069 Page 86 (SEAL) (SEAL) C before me a notary public In and for the State of Iowa, uted the foregoing instrument, and accsnowledg.d that he (or they) ex d GRANT Dalfacs, In consideratfon of wt►tc s.tfte undersigned hereby. grunt and convey Panip afaandtheirrespectivesuccessors,assigns,tetseesandagefts,arightof f re Ce and remove suoh communic.Ur wsyst em 'ad=the Qraplses may from . itgfttguldes, w#res, conduits; ntarlfie4 4, d irries{fjlcing foxes, repeaters, r appurtenances, wide across the land which:AM i) ' " ned own or In which [hiliit A attached hereto and' by this reference ►• :ee (7rh.ihit R atta.ched hereto and by this reference d herein. county of Dubuque , and State of Iowa rights: Of ingrass and egress to, from, and along lands adjacent to said strip for the purpose of 'corn iiunicatfon systems' within -said strip; to -place surface markers beyondsaldstrtp;'to clear and nd other obstructions from the surface and subsurface of said strip and during construcflonto nd-to Install gates In any fences crossing said strip. andl.o v4.lts:Ioc d.fari trip. The ordinary lv boundary oI said strip shall be a line parallel to feel Northerly and/or 4iesterioy the f{ret cable or lightguide laid, which cable or n Indicated upon surface markers set at Intervals on the land of the undersigned or on adjacent selves, their heirs, successors and assigns, hereby convenant that no structure shall be erected or ntees agree that the said cables or Iightguldes shall be burled below plow depth In order not to ultivatien of the strip, and to pay for damages to fences and growing crops arising from the f the aforesaid systems Provisions of the Long Form Agreement are ed herein. o nun with the land and shall be binding on grantor and on grantor's successors qulshes alt rights of dower, homestead and distributive share, if any, in and to the Signature Name Print- . Slgnature Name Printed Signature Name Printed Theresa Aloysious P Source of Title: feed Book 1174 , peg. 81 day. of June ,IP 88 before me a notary public Inandfor the State of Iowa, Merkes and Aloysius P. Merkes executed the foregoing instrument, a acknowledged that he (or they) executed,the 20 IA-fDU-00356 "EXUI The South One -Half (Si) of the South• Cine=Rall (S}). cif the following ee cribed tract of land, to -wit: - The East One -Half (E}) cf the Northwest Quart (1) and Lot two (2) of -Subdivision of theist Quarter Quarter (NW}), all in Section 25,-.Toxinstiip`";89 Nort P.M., Center Township, Dubuque County,. Iowa. ot one (.1) of_pot .-one Ofthe Northwest of the 5th and 2, Lot one (1) and Lot two (2) of the Northwest: Quarter .(NGF*) of. the Southwest Quarter (SW}), all in Section 25, --Township 89=North, Range `1 East of he 5th P.M.., Centel: Township, Dubuque County, xciwa.- Exhibit A to that Grant of Easement dated the 14, day -'of from Theresa M. Merkel, wife, et-vir,,to-AT&-T Cot uiiications o 1988, Inc. 21 22 AT&T IA -DU -004000 GRANT EXA7590 ECKXXXOC 6/87 Received of AT&T Communications of The Midwest Inc. Five and no/100 Dollars, In consideration of which the undersigned hereby grant and convey unto said Company, its associated and allied companies, its and their respective successors, assigns, lessees and agents, a right of way and easement to construct, operate, maintain, replace and remove such communication systems as the grantees may from time to time require, consisting of underground cables, Ilghtguides, wires, conduits, manholes, drains, splicing boxes, repeaters, repeater housings, together with surface'tisittn$-terminals, markers, and other appurtenances, - upon, over and under a strip of land 'X6i. feet wide across the land which the undersigned own or in which the undersigned have any lnterest±ln.,the Northeast Quarter (NE4) of the Southeast Ouarter (SE}) , Lots One (1) and Two (2) of subdivision of the Southeast Quarter (SE}) of the Southeast Quarter (SE}). all in Section 26. Township 89 North. Range 1 East of the 5th P.M. Township of Center , County of Dubuque , and State of Iowa together with the following rights: 01 ingress and egress to, from, and along lands adjacent to said strip for the purpose of constructing and maintaining communication systems within said strip; to place surface markers beyond said scrip; to clear and keep cleared all trees, roots, brush and other obstructions frorn the surface and subsurface oI said strip and during construction to cut all trees within ten feet thereof; and to Install gates in any fences crossing said strip. The Northerly and/or Westerly boundary of sale* 164 foot strip shall be a line parallel to and 5 feet Northerly and/or Westerlvof the first cable or tightgulde laid, which cable or Iightguideshall have Its location Indicated upon surface markers set at Intervals on the Land of the undersigned or on adjacent lands. The undersigned for themselves, their heirs, successors and assigns, hereby convenant that no structure shall be erected or permitted on said strip. The grantees agree that the said cables or Ilghtguides shall be buried below plow depth in order not to Interfere with the ordinary cultivation of the strip, and to pay for damages to fences and growing crops arising from the construction and maintenance of the aforesaid systems vrovisions of the Lone Form Agreement are Incorporated herein, This right of way and easement shall be deemed to run with the land and shall be binding on grantor and on grantor's successors and assigns. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share, If any, in and to the Interestt conveyed by this grant. Signed and sealed -this_ A 4 dayfof �. 'f9 ,F-1/at /2 75" i� // 4t ilea, C,,,,,,r ,- t' J / /' Signature �rX (SEAL) Name Printed Roger E. Schueller, husband Signature (SEAL) Name Prin yQ� cv C,riutd — .Signature Lois T. Schueller. wife ` (SEAL) Name Printed STATE`* K'WA COUNTY CF On this /16 personally appeared to me ,?n 6/2e F, f 4o' c i, sc4 u w//e/— known to be the person (or persons) who executed the foregoing Instrument, and acknowledged that he (or they) executed the same as his (or their) voluntary act and deed. My commission expires• ' / 7/ of Title: Deed Book 10324 , Page 86 before me a notary public in and for the State of Iowa, 23 IA -DU -004500 Tkil GRANT hred of AT&T Communications of The Midwest Inc. Five and no/100 ----------- Dollars, In consideration of which he undersigned hereby grant en*ConVey unto -Said Company, its associated and allied companies, its and their respective successors, assigns, lesseesentalents, 1 rightof Wayand easement to construct, operate, maintain, replace and remove sucatommunIcation systems as thegraidees-Mayfaim time to time require, consisting of underground cables, lightguldes, wires, conduit*, manholes, drains, sPlicIngbotei,-rePeirtell, repeeterhoUsings, together with surface testing -terminals, markers, and other appurtenanc,es, upon, over and under a strip of land 16 feet wide across the land which the undersigned own twin which the undersigned have any interest In See Exhibit A attached hereto and by this reference incorporated herein. E3iit ,3 Latt ached hereto en by thi reference Inc cr cr at eci-,thereln.--': EX& 7590 6/8T Township of Center , County of Dubuque . and State of Iowa together with the following rights.. Of ingress and egress to, from, and along lands adjacent to said strip for the purpose of constructing and maintaining communication systems within said strip; to place surface markers beyond said strip; to clear and keep cleared all trees, roots, brush and other obstructions from the surface and subsurface of said strip and during construction to cut all trees within ten feet thereof; and to install gates In any fences crossing said strip. -rhe Northerly and/or Westerly boundary of sold I6i foot strip shall be a tine parallel to and 5 feetNortherly and/or Westerl Xvif the first cable or lightgulde laid, which cable or Iightguide shall have Its location indicated upon surface markers set et intervals on the land of the undersigned or On adjacent lands. The undersigned for themselves, their heirs, successors and assigns, hereby convenant that no structure sheft be erected or permitted on said strip. The grantees agree that the said cables or lightguides shalt be burledbelow plow depth In order not to interfere with the ordinary cultivation of the strip, and to pay for damages to fences and growing crops arising from the construction and maintenance of the aforesaid systems incorporated herein. Provisisons of the Long Form Agreement are Thitright of waYetid easement shall be deemed to run with the land and shall -be ,tand . :on:grantor eratettgraitagesaptatittiOre , . . . „.,„ .-- -.; - „ ,L, ,_._..-.- ., __-- andassigns. Each -of the undersigned hereby relinquishes all rights ot dOwer, homesteactariddistrlhOtteesttlritiltarlY;FtiPalo Flo- - • ' ---t interests conveyed by this grant.. Signectand seated this 16TH iay of JUNE at FIRST NATIONAL BANK OF DUBUOUE Witness; 5 0 4 5 8 8 STATE OF IOWA COUNTY OF SS. On ibis 16111 day of JUNE personally appeared to me RAYMOND J. AND BERNICE PFEILER 2:7 Name Printed pcon4 J. ontrac t Siature Nitmertrittted Signature Name Printed FES 4538 Sow:ea:el-Than Deed Book 42 ip 8B - before me -a notary known to be the person (or persons) who executed the foregoing -instrument, and. same as- his (or their) voluntary act and deed. ' Mycommisslint expires: 77 Page 261 in in Sadler Intl State Of IoWai - 24 ,C0 Orythis personalty, appeared-te me STATE OF IOWA COUNTY OF On this 1 -6TH JUNE day of personally appeared to et* = Signature Name Printed Signature Name Printed Signature Name Printed Rose M. Pfe buyer Source of 'Title: Deed Book , Par (SEAL) before me a notary public in and for the State of Iowa, GE . AND ROSE M. PFEILER known to be the person (or persons) who exlicatielthe foregoing instrument, andacknowledged that he (or they) executed the same as his (or their) voluntary-.Cbalgt dept. QPfr My commission expires: Witness: STATE OF IOWA COUNTY OF day of Signature Name Printed Signature Name Printed Signature Name Printed Source ot Title: Deed Book Page (SEAL) (SEAL) (SEAL) , before me a notary public In and for the State of lowe, known to be the person (or persons) who executed the foregoing Instrument, and acknowledged that he (or they) executed the same all his (or their) voluntary act and deed, My.cortnission explrest Witness: slicte, OF- IOWA COUNTY OF it -44 Orr ,khowit,ittbe-the p.reon (er,tiSoloos) whp.PECtattid ilift 1 • ssm* OW hat lartheirtvobantary act snd deed. personally mpp.sr.d. day of Signaturb Name Printer. Signatura Name Printed Signatur. Name'Plinted Source cif Title; Deed -Book (SEAL): (SEAL). (SEAL) -5; IQ- , before.me a riettfiy public In and for the State otkiwiti :„. excutad the 25 -Southwest "Quarter (SW) of the Southeast Quarter qa-26:--Lot:one (1Y"of the Subdivision of the Northwest Quarter Tortheast Quarter (NE=) of Section 35, Lot one (1) of Lot one (1) of Woodward Farm,, a Subdivision of the Northwest Quarter (NW}) of two (2'), Of the Subdivision of the East forty acres of the (S 3/4) of the. Eaat One -Ralf (E}) of the Northwest Quarter be.Eaat One Half (E}) of the Northeast Quarter (NE}) of ship 89 North, Range 1 East of the 5th P.M., Center unty, Iowa. Exhibit A to that Grant of Easement dated the i4 day of ,���, , 1988, from Raymond J. Pfeiler, husband, contract seller, et al, to AT&T' Communications of the Midwest, Inc. 26 27 . 28 IA—DU-004250 Of -"AT&T Commt�r d not1:O0 d Comp ny Ihressocla nd.easement to construct, require, consisting ofun GRANT:UMW one of The Mi �IGitra, in c d milled conipanlea,lts end.thei E, maintain, replace and rernave such communicant) rground cables, Ilghtguides, Wires, candulta‘ggehytt EXA 7590 6/87 y grant and convey d agents, a right of ranteet may from Ing boxes, repeaters, usings, together with surface testing -terminate, markers, and other appurtenances, 16.} feet upon, over and under a strip of land the undersigned have any interestin The South One- Woodward Farms, Section 35, Township -89 wide across the land which the undersigned own or In which ) of the South One—Half (Si) of Lot 2 Rangy 1 East of the 5th P.M, Township of Center , County of Dubuque , and State of Iowa together with the following rights: Of Ingress and egress to, from, and along lands adjacent to said ship tot the purpose of constructing and maintaining eommunlcatlon systems within said strip; to place surface markers beyond said strip; to clear and keep cleared all trees, roots, brush and other obstruction s from the surface and subsurface of said strip and during construction to cut all trees within ten feet thereof; and to install gates in any fences crossing said strip. Northerly boundary of said 16i foot strip shall be a line parallel to 5 feet Northerly of the first cable or lightgulde laid, which cable or The and Ilghtgutde shall have its location Indicated upon surface markers set at Intervals on the land. of the undersigned or on adjacent lands. The -undersigned for themselves, their heirs, successors and assigns, hereby convenantthatno structure shalt be erected or permitted on said strip. The grantees agree -that the said cabtes.or Ilghtgutdes shall be buried.below.plow depth Iry order not to interfere with the ordinary cultivation of the strip, and to pay for damages to fences and growing crops arising from the construction and maintenance of the aforesaid systems incorporated herein. Provisions of the Long Form Agreement are This right.of.wsy and easement shall.be:deemed to"run with.Ehe laud and shaltbe binding an grentpt and:on•grant©r's successors ssi andegns..Each;of•theun �erriignedhereby"relinqurshesallrt9htsetfdower„homesteadanddlstriiitttiveah ro,ifany,inandtothe interesircoYtyatt=byiitrsgrffii - ¥ ” at Witness: Signature MlNme Pirinted Robert. L. S! tura f'� i}fil TY;FE0ORO-Fit" Qi811` CO: "AWA: F husband ntep Gemeza Myers,- "wi:f"e 29