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ConAgra Foods amend Purch AgreePrepared by Barry A. Lindahl 300 Main Street, Suite 330 Dubuque IA 52001 563 583-41 t3 RESOLUTION NO. 629-02 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM CONAGRA FOODS, INC. WHEREAS, the dity of Dubuque entered into an Agreement on September 16, 2002 with ConAgra Foods, Inc. for the purchase of certain real property in Dubuque County, Iowa, described as follows: Lot I of PUBLIC SQUARE; Lot t of lot 20, lot 1 of lot 21, lot I of lot 22, lot 1 of lot 23, lot I of lot 24, lot 1 of lot 25, lot I of lot 26, lot 1 of lot 27, lot1 of lot 28, lot1 of lot 29, lot1 of lot 30, lot1 of lot 31, lot t of lot 32, lot I of lot 33, and lot 39A, all in Block 11; LOt1 of lot I of lot 7, lot1 of lot 8, lot1 of lot 9, lot t0 except that portion thereof lying within right-of-way of Relocated Fourth Street, lot 11, lot t2, lot 13, lot 14, lot 15, lot 16, lot 17, lot t8, lot t9, lot 20, lot 2t, lot 22, lot 23, lot 24, lot 25, lot I of lot 26, lot t of lot 27, lot I of lot 1 of lot 28, lot 39A, and lot 39B, all in Block 22; and Lot t of lot t of lot 16, lot I of lot 17, lot 1 of lot t8, and lot t9 except that portion thereof lying within right-of-way of Relocated Fourth Street, and Lot 39A, all in Block 26; all in Dubuque Harbor Improvement Company's Addition (also known and described as Dubuque Harbor Improvement Co's Addition), in the City of Dubuque, Iowa, according to the respective recorded Plate thereof. AND WHEREAS, the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque, Iowa, hereby accepts the Deed from ConAgra Foods, Inc., a copy of which is attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Deed with the Dubuque County Recorder. Passed, approved and adopted this 2nd day of December, 2002 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk