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Deed Dbq Tnship - WCB HotelsPrepared by: James E. Graham, 1715 South G Avenue, Nevada, IA 50201 For: City of Dubuque, IA, 50 West 13th Street, Dubuque, IA 52004-4864 Address Tax Statements to: City of Dubuque, IA, 50 West 13th Street, Dubuque, IA 520044864 JI5-382-1698 563-589-1722 WARRANTY DEED (CORPORATE GRANTOR) For the consideration ofFort~-five ThousandNine Hundred Sixteen and no/100 ..... ($45,916.00) ..... Dollars and other valuable consideration in hand paid by the City of Dubuque, Iowa, WCB ttOTELS, INC., an Iowa Corporation, does hereby convey to the CITY OF DUBUQUE, IOWA, real estate in DUBUQUE County, Iowa: THE FEE SIMPLE TITLE GRANTED IS TO LAND DESCRIBED AS FOLLOWS: That part of Lot 1 of Lot 1 of "Harwood Place", Section 27, Dubuque Township, Dubuque County, Iowa, as shown on the Acquisition Plat Exhibit "A", attached hereto and by reference made a part hereof and more particularly described as follows: Commencing at a point on the southwesterly line of Lot 1 of Lot 1 of "Harwood Place", Section 27, Dubuque Township, Dubuque County, Iowa, being South 43047'57'' East, 317.31 feet from the northwesterly comer of said Lot 1 of Lot 1, as measured along said southwesterly lot line; thence North 43°47'57" West (North 41041' West - record) along said southwesterly lot line 61.25 feet to the Point of Beginning; thence continuing North 43°47'57" West (North 41°41' West - record) along said southwesterly lot line 256.06 feet to the northwesterly comer of said lot and the beginning ora 4,509.00 foot radius, non-tangent curve, concave southerly; thence easterly 102.10 feet along the northerly line of said lot and said curve, with a chord bearing South 88°46'43" East, 102.09 feet to the beginning of a 221.50 foot radius, non-tangent curve, concave easterly; thence southerly 174.94 feet along said curve, with a chord bearing South 21o13'59" East, 170.43 feet; thence South 43051'32'' East, 26.46 feet; thence South 46°08~28" West, 6.79 feet to the Point of Beginning, containing 7,064 square feet, moro or less. Note: The southwesterly line of said Lot 1 of Lot I of "Harwood Place" is assumed to bear North 43 °47'57" West. This deed is given in fulfillment or, certain partial acquisition agreement dated ./~,~/,/J4'~'/,~?~a d recorded in the Dubuque County Recorder's Office on /.J~6, /~, ~tfl~, in ~O --'aS~:, , except those terms that survive the execution of this document. The additional amount of $29,584.00, as agreed to by purchase agreement, is paid as severance damages to the remaining property and is not subject to real estate transfer tax. This land is being acquired for public purposes through eminent domain and a Declaration of Value is not required. Iowa Code Sec. 428A.1. The corporation hereby covenants with grantees, and successors in interest, that it holds the real estate by title in fee simple; that it has good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances, except as may be above stated; and it covenants to warrant and defend the real estate against the lawful claims of all persons, except as may be above stated. City of Dubuque, Iowa Project No. STP~A-20-9(165)--22-31 WCB Hotels, Inc., an Iowa Corporation (Parcel No. I2) Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated ,20t~. (SIGN IN INK) WCB HOTELS, 1NC., an Iowa Corporation Mark C. Falb~/ (Type/PrintName) tChairman and CEO .(Title) Ron Cavanaclh (TypefPrint Name) Assistant Secretary (Title) (NOTARY PLEASE COMPLETE LEFT AND RIGHT SIDES) ALL-PURPOSE ACKNOWLEDGMENT STATE OF Iowa , COUNTY OF Dubuque } ss. On this 20 day of October , 20 03, before me, the undersigned, a Notary Public in and for said State, personally appeared i~ark C. Falb and Ron CavanaQh k5 to me personally known or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instnunent and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity(les) upon behalf of which the person(s) acted, executed the instrument. (SEAL) ~,~'//9~DTfc~/.~/4--~ (Sign in Ink) i C~qamc4 'J~JJ~ ~/e.~ (Print/Type Name) Notary Pt{blic in ah~d for the State of Iowa CAPACITY CLAIMED BY SELLER: __iNDIVIDUAL z_CORPORATE Titles of Corporate Officer(s): Chairman, CEO, Assistant Secretary __Corporate Seal is affixed x_~No Corporate Seal procured _~PARTNERSHIP:_Limited _General _~ATTORNEY-IN-FACT ___EXECUTOR(s) or TRUSTEE(s) __GUARDIAN(s) or CONSERVATOR(s) __OTHER: SELLER IS REPRESENTING: Names of entity(les) or person(s) WCB HOTELS, INC. COMMISSION # 159753 MY GOMMISSION F_,XPIRE$ City of Dubuque, Iowa Project No. STP-A-20-9(165)--22-31 WCB Hotels, Inc., an Iowa Corporation (Parcel No. 12) Iowa Department of Transportation ACQUISITION PLAT EXHIBIT "A" COUNTY PROd,ECT NO. SECT!ON .ROWZFgE ACCESS RIGHTS DUBUQUE STP%Ac2100!620)--86-51 TOWNSHIP 7,064 SQ. FT, * EASE STATE CONTROL NO. PARCEL NO. RANGE EXCESS-FEE 12 ACQUIRED FROM WCB HOTELS, INC. NW'LY COR. L~lO2.1pN LOT LINE iP,O,T. STA. 1004+$0,00 (BRUNSKILL RD.) DETAIL "A" NOT TO SCALE SOUTHERLY R,O,W, UNB PRIMARY RD, NO. U,S. 20 N'LY L~ · ~ ~ ~ N A R Y SW'LY LiNE LOT 1, ~AEWOOD P.I, STA, 10002+04.O7 (BRUNSgtLL RO*} CURVE DATA DESCRIPTION OF ATTAClrm, D PLAT FOR PARCEL NO. 12 DUBUQUE COUNTY PROJECT NO. STP-A-2100(620)--86-31 TRE FEE SIMPLE TITLE GRANTED IS TO LA_NDDESCR1BED AS FOLLOWS: That part of Lot 1 0fLot 1 of"Harwood Place", Section 27, Township 89 North, Range 2 East of the 5~ Principal Meridian;City of Dubuque, Dubuque County, Iowa, as shown on the Acquisition Plat Exh/bit "A", attached hereto and by reference made a part hereof and more particularly described as follows: Conu~encmg at a point on the southwesterly line of Lot 1 of Lot 1 of"Harwood Place", Section 27, Township 89 North, Range 2 East of the 5~ Principal Meridian, City of Dubuque, Dubuque County, Iowa, being South 43°47'57" East, 317.31 feet from the northwesterly comer of said Lot 1 of Lot 1, as measured along said southwesterly lot line; thence North 43047'57'' West (North 41°41, West-record) along said southwesterly lot line 61.25 feet to the Point of Beginning; thence continuing North 43047'57'' West (North 41 °41' West-record) along said southwesterly lot line 256.06 feet to the northwesterly comer of said lot and the beginning of 4,509.00 foot radius, non-tangent curve, concave southerly; thence easterly 102.10 feet along the northerly line of said lot and said curve, with a chord bearing South 88046'43,' East, 102.09 feet to the beginning of a 221.50 foot radius, non-tangent curve, concave easterly; thence southerly 174.94 feet along said curve, with a chord beating South 21°13'59" East, 170.43 feet; thence South 43°51'32" East, 26.46 feet; thence South 46o08'28" West, 6.79 feet to the Point of Beg/nning, containing 7,064 square feet, more or less. NOTE: The southwesterly line of said Lot 1 of Lot 1 of"Harwood Place" is assumed to bear North 43047'57'' West. Dubuque CoUnty STP-A-2100(620)- -86-31 Parcel No. 12 O :kProj\l 76290j 01K~urveykDESCRIPTIONSkPARCEL NO. 12.doc DESCRIPTION FOR PARCEL NO. 12 DUBUQUE COUNTY PROJECT NO. STP-A-2100(620)- -86-31 TI~ TEMPORARY EASEMENT GRANTED FOR DRIVE AND PARKING LOT CONSTRUCTION PURPOSES IS TO LAND DESCRIBED AS FOLLOWS: That part of Lot 1 of Lot 1 of"Harwood Place", Section 27, Township 89 North, Range 2 East of the 5th Principal Meridian, City of Dubuque, Dubuque County, Iowa, more particularly described as follows: Commencing at a point on the southwesterly line of Lot 1 of Lot 1 of"Harwood Place", Section 27, Township 89 North, Range 2 East of the 56 Principal Meridian, City of Dubuque, Dubuque County, Iowa, being South 43047'57" East, 317.31 feet l~om the northwesterly comer of said Lot 1 of Lot 1, as measured along said southwesterly lot line; thence North 43o47'57'' West (North 41°41' West-record) along said southwesterly lot line 61.25 feet to the proposed Right of Way line of Bnmskill Road; thence North 46008'28" East along said right of way line 6.79 feet; thence continuing North 43°51'32" West along said right of way line 18.86 feet to the Point of Begirmmg; thence North 43°51'32" West, 7.60 feet to the begiurfing ora 221.50 foot radius, tangent curve, concave easterly; thence northerly 174.94 feet along said right of way line and said curve, with a chord bearing North 2 t o 13'59" West,_ 170.43 feet to a point on the presently established southerly Right of Way line of Primary Road No. U.S. 20, said point also being the begirming of a 4,509.00 foot radius, non-tangent curve, concave southerly; thence easterly 130.40 feet along said right of way line and said curve, with a chord bearing South 87°18'08" East, 130.39 feet; thence South 06o54'42'' West, 111.06 feet; thence South 46008'28" West, 69.20 feet to the Po/hr of Beg/rming, containing 15,169 square feet, more or less. NOTE: The southwesterly line of said Lot 1 of Lot 1 of"Harwood Place" is assumed to bear North 43°47'57" West. Dubuque County STP-A-2100(620)- -86-31 Parcel No. 12 O:\ProlM 76290jOI\survey~)ESCRIPTIONS~PARCEL NO.12TE.doc