Riprow Valley Deed of Conservation Easement - Rescanned 3-6-2023 with Recorders InfohiUL
268j-03
'L ?3 SEP 29 PH 12: 24
NA! HY F" ;.'NCOUNTY iORDER
i
DUBUQUE CO.. OWA FEES
Prepared by: Bruce G. Mountain, ISBA #3880, 505 5th Ave. #444, Des Moines, IA 50309-2321 (515)-288-1846 `f it
DEED OF CONSERVATION EASEMENT
THIS DEED OF CONSERVATION EASEMENT ("Easement") is made this
17th day of September, 2003, by, the City of Dubuque, of 50 West 13th St., Dubuque, IA 52001-
4864 (hereinafter together with its successors and assigns collectively referred to as "Grantor"),
and, Iowa Natural Heritage Foundation of 505 Fifth Ave., Suite #444, Des Moines, Iowa 50309
(hereinafter together with its successors and assigns collectively referred to as "Grantee").
RECITALS:
WHEREAS, Grantor is the owner of certain real property in (COUNTY) County,
Iowa, more particularly described in Exhibit A attached hereto and incorporated by this
reference (the "Property"); and
WHEREAS, the Property possesses significant natural, scenic, open space,
educational, and/or recreational value appropriate for conservation and preservation under the
standards of Section 457A of the Code of Iowa; and
WHEREAS, the Property is adjacent to the Upper Mississippi National Wildlife
and Fish Refuge;
WHEREAS, the Property is in the viewshed of Julien Dubuque Monument at the
State of Iowa Department of Natural Resources Mines of Spain;
WHEREAS, the specific conservation values of the Property are documented in
an inventory of relevant features of the Property on September 17, 2003, on file at the offices of
Grantee and attached hereto as Exhibit B and incorporated by this reference as "Baseline Data",
which consists of reports, maps, photographs and other documentation that the parties agree
provide, collectively, an accurate representation of the Property at the time of this grant intended
to serve as an objective information baseline for monitoring compliance with the terms of this
Easement; and
WHEREAS, Grantor intends that the conservation values of the Property be
preserved and maintained by the continuation of land use patterns existing at the time of this
grant, including, without limitation, those relating to forest preservation, recreational uses, etc.
that do not significantly impair or interfere with those conservation values and;
WHEREAS, Grantor further intends to convey to Grantee the right to preserve
and protect the conservation values of the Property in perpetuity; and
WHEREAS, Grantee is a private, non-profit, publicly supported, tax-exempt
organization, qualified under Section 170(h) of the Internal Revenue Code and section 457A of
the State of Iowa Code, whose primary purpose is the preservation, protection and enhancement
of land in its natural, scenic, historical, agricultural, and/or open space condition; and
WHEREAS, Grantee is treated as having exempt status under 501(c)3 of the
Internal Revenue Code and Grantor is entitled and may rely upon this affirmative representation
made by Grantee; and
WHEREAS, Grantee agrees by accepting this grant to honor the intentions of
Grantor stated herein and to preserve and protect in perpetuity the conservation values of the
Property for the benefit of this generation and the generations to come;
NOW THEREFORE, in consideration of the mutual covenants and promises
contained herein, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby
conveys to Grantee a Conservation Easement on the Property as more fully described in this
agreement.
1. Purpose. It is the purpose of this Easement to assure that the Property will be
preserved forever in its natural, scenic, forested, and/or open space condition and to prevent any
use of the Property that would significantly impair or interfere with its conservation values,
including, but not limited to wildlife habitat, neotropical migrant bird habitat and the Mississippi
River water quality and viewshed. Grantor intends that this Easement will confine the use of the
Property to such activities as are consistent with the purposes of this Easement.
2. Rights of Grantee. To accomplish the purposes of this Easement, the
following rights are conveyed to Grantee or its assigns:
(a) to preserve and protect the conservation values of the Property;
(b) to enter upon the Property at reasonable times to monitor Grantor's compliance with
and otherwise enforce the terms of this Easement; provided that such entry shall be upon
prior reasonable notice to Grantor, and that Grantee shall not unreasonably interfere with
Grantor's use and quiet enjoyment of the Property; and
(c) to prevent any activity on or use of the Property that is inconsistent with the purposes
of this Easement, and to require the restoration of such areas or features of the Property
that may be damaged by any inconsistent activity or use, pursuant to the provisions of
paragraph 6 hereof.
3. Permitted Uses. Grantor reserves to itself, and to its successors and assigns,
all rights accruing from its ownership of the Property, including the right to engage in or permit
or invite others to engage in all uses of the Property that are not expressly prohibited herein and
that are not inconsistent with the purposes of this Easement. Without limiting the generality of
the foregoing, the following rights are hereby expressly reserved:
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(a) maintenance of existing roadways;
(b) bird -watching and wildlife observation; and
(c) hiking and cross-country skiing.
In the event that Grantor desires to undertake activities not permitted by the foregoing paragraph
3, and not prohibited by the provisions of paragraph 4 below, Grantor shall notify Grantee in
writing not less than sixty (60) days prior to the date Grantor intends to undertake such activity.
The notice shall describe the nature, scope, design, location, timetable, and any other material
aspect of the proposed activity in sufficient detail to permit Grantee to make an informed
judgment as to its consistency with the purposes of this Easement.
4. Prohibited Uses. Any activities on or use of the Property inconsistent with the
purposes of this Easement is prohibited. Without limiting the generality to the foregoing, the
following activities and uses are expressly prohibited:
(a) construction, erection or placement of any building or
structure, whether commercial, residential, recreational or
industrial;
(b) dumping of ashes, trash, rubbish, garbage, offal, or any other
unsightly or offensive materials;
(c) placing billboards, outdoor advertising structures, or
advertisements of any kind on the Property; excepting real
estate signs of reasonable size intended to assist in the sale of
the Property, and entrance, boundary, and educational signs
approved in advance as to size and content by Grantee;
(d) any exploitation of mineral resources, by either subsurface or
surface means;
(e) introduction of non-native plant or animal species, except as
may be necessary, with the prior approval of Grantee, for erosion
control purposes;
(f) commercial timber harvest, however the removal of diseased
and hazard trees is allowed with written approval by the
Grantee. Any tree removal shall be in accordance with good
forestry management practices and further the intent of this
easement;
(g) construction or enlargement of any parking lot or road;
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(h) alteration of the topography of the Property or its drainage
systems, except, with prior approval of Grantee, for purposes of
erosion control, drainage tile repair, enhancement of wetland
and pond values, public safety considerations, or for purposes
protective of the natural integrity of the Property;
(i) installation of utility structures or lines, except with the prior
approval of Grantee;
5. Notice of Intention to Undertake Certain Activities. The purpose of
requiring Grantor to notify Grantee prior to undertaking certain activities, as provided in
paragraph 3 and 4, is to afford Grantee an opportunity to ensure that the activities in question are
designed and carried out in a manner consistent with the purposes of this Easement. Whenever
notice is required Grantor shall notify Grantee in writing not less than sixty (60) days prior to the
date Grantor intends to undertake the activity in question. The notice shall describe the nature,
scope, design, location, timetable, and any other material aspect of the proposed activity in
sufficient detail to permit Grantee to make an informed judgment as to its consistency with the
purposes of this Easement. Grantee shall grant or deny its approval in writing within (30) days of
receipt of Grantor's written request therefor. Grantee's approval may be denied only upon a
reasonable determination by Grantee that the action as proposed would be inconsistent with the
purposes of this Easement. Should Grantee fail to respond to Grantor's notice within the said 30-
day response period, Grantee shall be deemed to have approved the proposed activity.
6. Grantee's Remedies. If Grantee determines that Grantor is in violation of the
terms of this Easement, or that a violation is threatened, Grantee shall give written notice to
Grantor of such violation and demand corrective action sufficient to cure the violation and,
where the violation involves injury to the Property resulting from any use or activity inconsistent
with the purposes of this Easement, to restore the Property so injured. If Grantor fails to cure the
violation within thirty (30) days after receipt of notice thereof from Grantee, or under
circumstances where the violation cannot reasonably be cured within a thirty (30) day period, fail
to begin curing such violation within the thirty (30) day period, or fail to continue diligently to
cure such violation until finally cured, Grantee may bring an action at law or in equity in a court
of competent jurisdiction to enforce the terms of this Easement, to enjoin the violation ex parte
as necessary, by temporary or permanent injunction, to recover any damages to which it may be
entitled for violation of the terms of this Easement or injury to any conservation value protected
by this Easement, including damages for the loss of scenic, aesthetic, or environmental values,
and to require the restoration of the Property to the condition that existed prior to any such
injury. Without limiting Grantor's liability therefor, Grantee, in its sole discretion, may apply
any damages recovered to the cost of undertaking any corrective action on the property. If
Grantee, in its sole discretion, determines that circumstances require immediate action to prevent
or mitigate significant damage to the conservation values of the property, Grantee may pursue its
remedies under this paragraph without prior notice to Grantor or without waiting for the period
provided for cure to expire. Grantee's rights under this paragraph apply equally in the event of
either actual or threatened violations of the terms of this Easement, and Grantor agrees that
Grantee's remedies at law for any violation of the terms of this Easement are inadequate, and that
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Grantee shall be entitled to the injunctive relief described in this paragraph, both prohibitive and
mandatory, in addition to such other relief to which Grantee may be entitled, including specific
performance of the terms of this Easement, without the necessity of proving either actual
damages or the inadequacy of otherwise available legal remedies. Grantee's remedies described
in this paragraph shall be cumulative and shall be in addition to all remedies now or hereafter
existing at law or in equity.
6.1 Costs of Enforcement. Any costs incurred by Grantee in enforcing the terms
of this Easement against Grantor, including, without limitation, costs of suit and attorneys' fees,
and any costs of restoration necessitated by Grantor's violation of the terms of this Easement,
shall be borne by Grantor. If Grantor prevails in any action brought by Grantee to enforce the
terms of this Easement, Grantor's costs of suit and attorneys' fees, shall be borne by Grantee.
6.2 Grantee's Discretion. Enforcement of the terms of this Easement shall be at
the discretion of the Grantee, and any forbearance by Grantee to exercise its rights under this
Easement in the event of any breach of any term of this Easement by Grantor shall not be
deemed or construed to be a waiver by Grantee of such term or any subsequent breach of the
same or any other term of this Easement or of any of Grantee's rights under this Easement. No
delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor
shall impair such right or remedy or be construed as a waiver.
6.3 Waiver of Certain Defenses. Grantor hereby waives any defense of laches,
estoppel, or prescription.
6.4 Acts Beyond Grantor's Control. Nothing contained in this Easement shall
be construed to entitle Grantee to bring any action against Grantor for any injury to or change in
the Property resulting from causes beyond Grantor's control, including, without limitation, fire,
flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency
conditions to prevent, abate, or mitigate significant injury to the Property resulting from any such
cause.
6.5 Arbitration. If a dispute arises between the parties concerning the
consistency of any proposed use or activity with the purposes of this Easement, and Grantor
agrees not to proceed with the use or activity pending resolution of the dispute, either party may
refer the dispute to arbitration by request made in writing upon the other. Within thirty (30) days
of the receipt of such request, the parties shall select a single arbitrator to hear the matter. If the
parties are unable to agree on the selection of a single arbitrator, then each party shall name one
arbitrator and the two arbitrators thus selected shall select a third arbitrator; provided, however,
that if either party fails to select an arbitrator, or if the two arbitrators selected by the parties fail
to select the third arbitrator within fifteen (15) days after the appointment of the second
arbitrator, then in each such instance a proper court, on petition of a party, shall appoint the
second or third arbitrator, or both as the case may be, in accordance with Iowa statutory authority
or any successor statute then in effect. The matter shall be settled in accordance with Iowa
statute or other appropriate procedural reference then in effect, and a judgment on the arbitration
award may be entered in any court having jurisdiction thereof. The prevailing party shall be
entitled, in addition to such other relief as may be granted, to a reasonable sum as and for all its
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costs and expenses related to such arbitration, including, without limitation, the fees and
expenses of the arbitrators and attorneys' fees, which shall be determined by the arbitrators and
any court of competent jurisdiction that may be called upon to enforce or review the award.
7. Access. No right of access by the general public to any portion of the Property
is conveyed by this Easement.
8. Costs and Liabilities. Grantor retains all responsibilities and shall bear all
costs and liabilities of any kind related to the ownership, operation, upkeep and maintenance of
the Property, including the maintenance of adequate comprehensive general liability insurance
coverage. Grantor shall keep the Property free of any liens arising out of any work performed
for, materials furnished to, or obligations incurred by Grantor.
8.1 Taxes. Grantor shall pay before delinquency all taxes, assessments, fees, and
charges of whatever description levied on or assessed against the Property by competent
authority (collectively "Taxes"), including any Taxes imposed upon or incurred as a result of,
this Easement, and shall furnish Grantee with satisfactory evidence of payment upon request.
Grantee is authorized but in no event obligated to make or advance any payment of Taxes, upon
three (3) days' prior written notice to Grantor, in accordance with any bill, statement, or estimate
procured by the appropriate authority, without inquiry into the validity of the Taxes or the
accuracy of the bill, statement, or estimate, and the obligation created by such payment shall bear
interest until paid by Grantor at the lessor of 0 (zero) percentage points over the prime rate of
interest from time to time charged by Dubuque Bank and Trust or the maximum rate allowed by
law.
8.2 Hold Harmless. Grantor shall hold harmless, indemnify, and defend Grantee
and its members, directors, officers, employees, agents, and contractors and the heirs, personal
representatives, successors, and assigns of each of them (collectively "Indemnified Parties") from
and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims,
demands, or judgments, including, without limitation, reasonable attorneys fees, arising from or
in any way connected with: (i) injury to or the death of any person, or physical damage to any
property, resulting from any act, omission, condition, or other matter relating to or occurring on
or about the Property, regardless of cause, unless due solely to negligence of any of the
Indemnified Parties; (ii) the obligations specified in paragraphs 8 and 8.1; and (iii) the existence
or administration of this Easement.
Grantee shall hold harmless, indemnify, and defend Grantor and its members,
directors, officers, employees, agents, and contractors and the heirs, personal representatives,
successors, and assigns of each of them (collectively "Indemnified Parties") from and against all
liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or
judgments, including, without limitation, reasonable attorneys fees, arising from or in any way
connected with: (i) injury to or the death of any person, or physical damage to any property,
resulting from any act, omission, condition, or other matter relating to or occurring on or about
the Property, regardless of cause, unless due solely to negligence of any of the Indemnified
Parties; (ii) the obligations specified in paragraphs 8 and 8.1; and (iii) the existence or
administration of this Easement.
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9.0 (a) Extinguishment. If circumstances arise in the future such as render the
purposes of this Easement impossible to accomplish, this Easement may only be terminated or
extinguished, whether in whole or in part, by judicial proceedings in a court of competent
jurisdiction, and the amount of the proceeds to which the Grantee shall be entitled, after the
satisfaction of prior claims, from any sale, exchange, or involuntary conversion of all or any
portion of the Property subsequent to such termination or extinguishment, shall be determined,
unless otherwise provided by Iowa law at that time, in accordance with paragraph 9.1.
9.0 (b) National Fish and Wildlife Foundation Proceeds. This easement is to
perpetually protect an important wildlife area. Therefore, as its purchase is partially funded by a
$30,000 grant from the National Fish and Wildlife Foundation, any disposal of the easement, in
whole or in part, must have the concurrence of the Foundation. Likewise, should the easement be
sold or condemned in whole or in part, the Foundation shall share in the proceeds of such sale or
condemnation, including any increase in land value, in direct proportion, percentage -wise, to its
share in this purchase which, based on the appraisal completed at the time of this easement, has
been determined to be 12.7%. The National Fish and Wildlife Foundation will use such restored
funds to purchase, restore, or enhance similar wildlife habitats.
9.1 Proceeds. This Easement constitutes a real property interest immediately
invested in Grantee, which, for the purposes of paragraph 9, the Parties stipulate to have a fair
market value determined by multiplying the fair market value of the Property unencumbered by
this Easement (minus any increase in value after the date of this grant attributed to
improvements) by the ratio of the value of this Easement at the time of this grant to the value of
the Property, without deduction for the value of this Easement, at the time of this Grant. The
values at the time of this grant shall be those used to calculate the charitable contribution if any
for federal income tax purposes allowable by reason of this grant, pursuant to Section 170(h) of
the Internal Revenue Code as amended, and applicable regulations. The value of this Easement,
as thus calculated, is intended to be the amount of the allowable charitable contribution under the
"before and after" method of said regulations, without reduction for any amount that may not
produce an income tax benefit to Grantor on account, for example, of applicable percentage
limitations on charitable contributions. For the purposes of this paragraph, once calculated, the
ratio of the value of this Easement to the value of the Property unencumbered by this Easement
shall remain constant.
9.2 Condemnation. If this Easement is taken, in whole or in part, by exercise of
the power of eminent domain, Grantee shall be entitled to compensation in accordance with
applicable law.
10. Assignment. This Easement is transferable, but Grantee may assign its rights
and obligations under this Easement only to an organization that is a qualified organization at the
time of transfer under Section 170 (h) of the Internal Revenue Code of 1986, as amended (or any
successor provision then applicable), and the applicable regulations promulgated thereunder, and
authorized to acquire and hold conservation easements under Section 457A of the Code of Iowa
(or any successor provision then applicable). As a condition of such transfer, Grantee shall
require that the conservation purposes that this grant is intended to advance, continue to be
observed.
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10.1 Executory Limitation. If Grantee shall cease to exist or to be a qualified
organization under Section 170 (h) of the Internal Revenue Code of 1986, as amended, or to be
authorized to acquire and hold conservation easements under Iowa law, and a prior assignment is
not made pursuant to paragraph 10, then Grantee's rights and obligations under this Easement
shall become immediately vested in The Nature Conservancy. If The Nature Conservancy is no
longer in existence at the time the rights and obligations under this Easement would otherwise
vest in it, or if The Nature Conservancy is not qualified or authorized to hold conservation
easements as provided with respect to assignments pursuant to paragraph 10, or if it shall refuse
such rights and obligations, then the rights and obligations of this Easement shall vest in such
organization as a court of competent jurisdiction shall direct pursuant to paragraph 10. Should no
qualified private organization desirable to the Grantor be in existence, this easement may be
assigned or transferred to the Iowa Department of Natural Resources (IDNR) or the Dubuque
County Conservation Board.
11. Subsequent Transfers. Grantor agrees to incorporate the terms of this
Easement in any deed or other legal instrument by which it divests itself of any interest in all or a
portion of the Property, including, without limitation, a leasehold interest. Grantor further agrees
to give written notice to Grantee of the transfer of any interest at least twenty (20) days prior to
the date of such transfer. The failure of Grantor to perform any act required by this paragraph
shall not impair the validity of this Easement or limit its enforceability in any way.
12. Estoppel Certificates. Upon request by Grantor, Grantee shall, within twenty
(20) days execute and deliver to Grantor any document, including an estoppel certificate, which
certifies Grantor's compliance with any obligation of Grantor contained in this Easement and
otherwise evidences the status of this Easement as may be requested by Grantor.
13. Notices. Any notice, demand, request, consent, approval or communication
that either party desires or is required to give to the other shall be in writing and either serve
personally or sent by first class mail, postage prepaid, addressed as follows:
To Grantors:
City of Dubuque
Attention: City Manager
50 West 13th St.
Dubuque, IA 52001-4133
To Grantee:
Iowa Natural Heritage Foundation
Attn: President
505 Fifth Ave., Suite #444
Des Moines, IA 50309-2321
Phone (515) 288-1846
8
Or to such other address as either party from time to time shall designate by written notice to the
other.
14. Recordation. Grantee shall record this instrument in timely fashion in the
official records of Dubuque County, Iowa, and may re-record it at any time as may be required to
preserve its rights in this Easement.
15. General Provisions.
(a) Controlling Law. The interpretation and performance of this Easement shall be governed by
the laws of the State of Iowa.
(b) Liberal Construction. Any general rule of construction to the contrary notwithstanding, this
Easement shall be liberally construed in favor of the Grantor to effect the purposes of this
Easement and the policy and purposes of Chapter 457A of the Code of Iowa. If any provision in
this instrument is found to be ambiguous, an interpretation consistent with the purposes of this
Easement that would render that provision valid shall be favored over any interpretation that
would render it invalid.
(c) Severability. If any provision of this Easement, or the application thereof to any person or
circumstance, is found to be invalid, the remainder of the provisions of this Easement, or the
application of such provision to persons or circumstances other than those as to which it is found
to be invalid, as the case may be, shall not be affected thereby.
(d) Entire Agreement. This instrument sets forth the entire agreement of the parties with respect
to this Easement and supersedes all prior discussions, negotiations, understandings, or
agreements relating to this Easement, all of which are merged herein. No alteration or variation
of this instrument shall be valid or binding unless contained in an amendment that complies with
paragraph 16.
(e) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's
title in any respect.
(f) Joint Obligation. The obligations imposed by this Easement upon Grantor shall be joint and
several.
(g) Successors. The covenants, terms, conditions, and restrictions of this Easement shall be
binding upon, and inure to the benefit of, the parties hereto and their respective personal
representatives, heirs, successors and assigns, and shall continue as a servitude running in
perpetuity with the Property.
(h) Termination of Rights and Obligations. A party's rights and obligations under this Easement
shall terminate upon transfer of that party's interest in the Easement or Property, except that
liability for acts or omissions occurring prior to transfer shall survive transfer.
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(i) Captions. The captions in this instrument have been inserted solely for convenience of
reference and are not a part of this instrument and shall have no effect upon construction or
interpretation.
(j) Counterparts. The parties may execute this instrument in two or more counterparts, which
shall, in the aggregate, be signed by both parties; each counterpart shall be deemed an original
instrument as against any party who has signed it. In the event of any disparity between the
counterparts produced, the recorded counterpart shall be controlling.
16. Amendments. If circumstances arise under which an amendment to or
modification of this Easement would be appropriate, Grantor and Grantee are free jointly to
amend this Easement in writing and executed in the same manner as this agreement; provided
that no amendment shall be allowed that would affect the qualification of this Easement or the
status of Grantee under any applicable laws, including Chapter 457A of the Code of Iowa and
Section 170 (h) of the Internal Revenue Code of 1986, as amended, and any amendment shall be
consistent with the purposes of this Easement and shall not affect its perpetual duration. Any
such amendment shall be recorded in the official records of Dubuque County, Iowa.
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IN WITNESS WHEREOF, Grantor and Grantee have executed this Deed of
Conservation Easement on the day and year first above written.
GRANTOR:
BY
Terrance M. Duggan, Mayor
City of Dubuque
GRANTOR ACKNOWLEDGMENT
STATE OF IOWA
DUBUQUE COUNTY, SS:
B
Mark Ackelson, President
Iowa atural Heritage Foundation
On this/ NN day 2003, before me, the undersigned, a Notary Public in and for
said State, personally ap eared Terrance M. Duggan, Dubuque City Mayor, to me known to be
the ide al persons named in and who executed the foregoing instrument and acknowledged
that t execu s. e as their voluntary act and deed.
No ary Public
C • ission Expires:
SUSI1, , 1 17,7E
COMMISSION NO, 183274
MY COMMISSION EXPIRES
'ow r 2114/05
GRANTEE ACKNOWLEDGMENT
STATE OF IOWA
POLK COUNTY, SS:
On this Olin day of , 2003, before me, the undersigned, a Notary Public in and for
said State, personally ap eared Mark C. Ackelson, to me personally known, who being by me
duly sworn, did say that he is the President of said corporation, that no seal has been procured by
the said corporation; that said instrument was signed on behalf of said corporation by authority
of its Board of Directors; and that the said Mark C. Ackelson as such officer acknowledged the
execution of said instrument to b. the voluntary act and deed of said corporation by it and by him
voluntily_execute
Notary Public
Commission Expires:
USA D. HEIN
Commtsslon Number 149383
Expires
1 7D.
11
EXHIBIT A — Legal Description
Lot 1 of Government Lot#1; Lot 1, Rock Cut Subdivision; and Lot A of Government Lot
#1 in Section 6T88N, R3E in the City of Dubuque, Iowa
12
EXHIBIT B
OWNER ACKNOWLEDGEMENT OF CONDITION
The City of Dubuque and the Iowa Natural Heritage Foundation agree that the following Base
Line Data Information is an accurate representation of the protected property at the time of the
transfer.
Terr.,► e M. Dugan, Ma
Ci of Dub
Mark
Iowa
Ackelson, Pr sident
atural Heritage Foundation
STATE OF IOWA
-��/-l- f /COUNTY SS:
(
On this l day o / , 200 , before me, the undersigned, a Notary Public in
and for said State, p s nally appeared Terrance M. Duggan Dubuque City Mayor, to me known
to be the ntical persons name. • and who ecuted the foregoing instrument and
acknowl dgedjha they - . - uted the .ame $ v4oluntary act and deed.
Not.. Public
Commission Expires:
STATE OF IOWA
On this !7 day of (Gys q, , 2003, before me, the undersigned, a Notary Public in and for
said State, personally appeared Mark C. Ackelson, to me personally known, who being by me
duly sworn, did say that he is the President of said corporation, that no seal has been procured by
the said corporation; that said instrument was signed on behalf of said corporation by authority
of its Board of Directors; and that the said Mark C. Ackelson as such officer acknowledged the
execution of said instrument to . e the voluntary act and deed of said corporation by it and by him
voluntarily execed.
COUNTY, SS:
cQ
y 4.14 / 4
Sb
4/n
9;
Notary Public
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Exhibit B
Baseline Data
Including:
1. State and City map showing the location of the conservation easement
2. An aerial photograph showing the Property boundary and surrounding landmarks
3. A 1:24,000 USGS Topographic map showing the Property Boundary
4. Plat Maps
5. An aerial photograph showing the photo point locations for the baseline
photographs
6. Two pages containing six photographs
Softball Complex
Part of Exhibit B
Aerial Photograph Showing
the Riprow Hollow
Conservation Easement Boundary
and surrounding landmarks
400 0 400 800 Feet
Mississippi
River
Easement
Area
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8 7. 9'
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116.90'
58. 08'
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117.80'
66. 04'
503. 34'
617.73'
686. 98'
188. 03'
Ib'Vb `+3
17' 48' o5'
2' 17' 00'
4' 09' 25.
9 1' 32' 05'
6' 15' OW
4' 3 6' 00'
35. 18' 45'
43. 2 0' 2 0'
48' 1 1' 45'
1 0' 3 0' 10'
uu
1 16. 43' N 65' 35' 05' E
56. 09' N 32. 4 1' O5' W
102.09' N 33'37' I5'W
1 17 1 . 05' 9 42' 22' 40' W
1 1 7. 57' 5 00' 44' 10' W
66. 06' 9 07' 10' 40' W
495. 72' S 276 09' 05' W
603. 49' 9 66' 26' 35' W
667. 32' 9 20' 42' 35' W
167. 88' 9 026 13' 10' W
cURVEs ADJACENT To RAILRoADs ARE DEFINED BY CHORD DEFINITION
( 100'
11
cl LOT 3
OF
1-I / 8 67'45'16'E 284.63'
f EASEMENT FOR WATER
` i 4 AND SEWER LINE
! a BOOK LANDS 37,P.389
4/FILED MAR.22,1948
I
/ / FACT. GOUT
1' Y , LOT ..t ,. \
r.
/ / /
N
cp. N
pi t1
ce. ,, 0. ...-4
Uses
�` , cq •
... . �F s �p -9'
AREA SUMMARY
ins' I nr I,NWI/4 NFI/4 17.58 ACRES
LEGEND
u� .A
•
•
i• 9 t 0,'rds. (SC
-P \ • ! �� �.
\o
SURVEYED BOUNDARY LINE uswomomo
FOUND IRON ROD
FOUND IRON PIPE
nir.oRDED AS
Part of Exhibit B
1:24,000 USGS Topographical Map
Showing the Conservation Easement Boundaries
700 0 700 1400 Feet
Dubuque
County
Conservation
Easement
Part of Exhibit B
State map showing Dubuque County
and a map of Dubuque
showing the location of the
Conservation Easement
500
0
Part of Exhibit B
Aerial Photograph Showing
Photo Point Locations
500
1000 Feet
N
Photo point 1
Bearings: Looking Northwest
Comments: Aerial oblique
showing the Mississippi River,
Julien Dubuque Road, railroad,
and easement area.
Photo point: 2
Bearings: Looking West -
Northwest
Comments: Aerial oblique of the
riverfront and bluffland easement
areas.
Photo point: 3
Bearings: Looking Northwest
Comments: Aerial oblique of
riverfront easement area.
Page 1 of 1
Photo point: 4
Bearings: Looking East
Comments: View looking towards
the Mississippi River from the
railroad showing a small portion
of the riverfront easement area .
Photo point: 5
Bearings: Looking North
Comments: View of the bluffland
portion of the easement area.
Photo point: 6
Bearings: Looking South
Comments: View from the begin-
ning of the walking trail at the
east end of Julien Dubuque Drive
near the parking area looking
south towards Mines of Spain.
This area is not included in this
easement.
Page 2 of 2