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Deed Center Gr Cemeteryl~pared by: J~tmes E. Graham, 1715 South G Avenue, Nevada, IA 50201 For:. City of Dubuque, IA, 50 We~t 13th Street, Dubuque, IA 5200~-4g64 Address Tax S~ateraenls to: City of Dubuque, IA, 50 Wes~ 13th Stree~ Dubuque, IA 52004-4864 WARRANTY DEED (CORPORATE GRANTOR) For the consideration of Two Thousand Three Hundred Seventy-three and no/~00 ..... ($2,373.00)-----Dollars and other valuable consideration in hand paid by the City of Dubuque, Iowa, THE CENTER GROVE METHODIST EPISCOPAL CEMETERY ASSOCIATION, an Iowa Non-Profit 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 Center Grove Methodist Episcopal Church and Cemetery Subdivision in the City of Dubuque, 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, Township 89 North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa, being South '43 °47'57" East, 317.31 feet from the northwest comer of said Lot 1 of Lot 1, as measured along said southwesterly lot line; thence South 46° 12'03" West, 44.00 feet to the northeasterly line of Lot 2 of said Center Grove Methodist Episcopal Church and Cemetery Subdivision; thence North 43°47'57" West along the northeasterly line of said Lots 1 and 2 of Center Grove Methodist Episcopal Church and Cemetery Subdivision and the presently established southwesterly Right of Way line of Bmnskill Road 403.40 feet to the Point of Beginning, said point also being the beginning of a 82.50 foot radius, non- tangent curve, concave southerly; thence westerly 51.13 feet along said curve, with a chord bearing North 76o49'24'' West, 50.31 feet to a point on the presently established southeasterly Right of Way line of Primary Road No. U.S. 20, said point also being the beginning ora 988.00 foot radius, non-tangent curve, concave northwesterly; thence northeasterly 6.19 feet along said southeasterly right of way line and said curve, with a chord beating North 62° 11'40" East, 6.19 feet; thence North 62o00'54" East along said southeasterly right of way line 22.31 feet to said southwesterly right of way line of Brtmskill Road; thence South 43047'57.' East along said southwesterly right of way line 34.40 feet to the Point of Beginning, containing 339 square feet, more or less. Note: The southwesterly line of said Lot 1 of Lot 1 of"Harwood Place" is assumed to bear South 43o47'57'' East. This deed is given in ful~Iment of a ce~ain partial acquisition agreement dated ~M,4o/~, ~and recorded in the Dubuque County Recorder s Office on ,~t. tO, /~.~ ~9~,in ~'$,~-"O'~' ~ ,exceptthosetermsthatsurvive the execution of this document. ~/ The additional amount of $827.00. 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 The Center Grove Methodist Episcopal Cemetery Association, an Io~va Non-Profit Corporation (Parcel No. 11) 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 ~'~--5 ~ l ,20o2s . (SIGN IN INK) THE CENTER GROVE METHODIST EPISCOPAL CEMETERY ASSOCIATION, an Iowa Non-Profit Corporation (Type/Print Name) ~r~¥ ~- o gF~o~ ~-o/ (Title) By: (Type/Print Name) (Title) (NOTARY PLEASE COMPLETE LEFT AND RIGHT SIDES) ALL-PURPOSE ACKNOWLEDGMENT STATEOF Io~ ,COUNTYOF '~,e~,~v,~ }ss. On this'%l~x day of .-x~..-~ ,20 a:~, before me, the undersigned, a Notary Public in and for said State, personally appeared to me personally known or )~ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i~are subscribed to the within instrument and acknowledged to me that h~/at~/they executed the same in h/~/lmr/their authorized capacity(les), and that by hill/h~/their signature(s) on the instrument the person( s ), or the entity (ies) upon beh all o f which the person(s) acted, executed the instrumen~t~.,...~.,~ (SEAL) '~ ~..,~ ~'c---~~ign inlnk) C~ ~. Px~ ~cO~ (~it{trry~e Name) Notary Public in and for the State of ~* ~ 0. CAPACITY CLAIMED BY SELLER: __INI)MDUAL _~_CORPORATE Titles of Corporate Officer(s): __Corporate Seal is affixed _~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) GENE M. ASKLOr City of Dubuque, Iowa Project No. STP-A-20-9(165)--22-31 The Center Grove Methodist Episcopal Cemetery Association, an Iowa Non-Profit Corporation (Parcel No. 11) Iowa Department of Transportation ACQUISITION PLIT EXHIBIT "A" COqNTY PROJECT NO. SECTION ROW-FEE ACCESS RIGHTS DUBUQUE STP-A-2100(620)--86-51 27 TOWNSHIP 559 SQ. FT. * EASE STATE CONTROL NO. PARCEL NO. 89N RANGE EXCESS-FEE 11 2E ACQUIRED FROM O X 0 50' & i 4~54'47" RT POINT OF COMMENCEM[NT LINE LOTS 1 &~ 2 I~ (FRONTAGE RD.) CURVE DATA Iowa Depariment of Transportation ZXHmlT A'~ DESCRIPTION OF ATTACHED PLAT FOR PARCEL NO.11 DUBUQUE COUNTY PROJECT NO. STP-A-2100(620)--86-31 FEE SIMPLE TITLE GRANTED IS TO LAND DESCRIBED AS FOLLOWS: That part of Lot 1 of Center Grove Methodist Episcopal Church and Cemetery Subdivision in the City of Dubuque, Dubuque County, Iowa, as shown on the Acquisition Plat Exhibit ~A", attached hereto and by reference made a part hereof and 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, Township 89 North, Range 2 East of the 54 Principal Meridiarh Dubuque County, Iowa, being South 43°47'57'' East, 317.31 feet from the northwest comer of said Lot 1 of Lot 1, as measured along said southwesterly lot line; thence South 46012'03'' West, 44.00 feet to the northeasterly line of Lot 2 of said Center Grove Methodist Episcopal Church and Cemetery Subdivision; thence North 43°47'57" West along the northeasterly line of said Lots 1 and 2 of Center Grove Methodist Episcopal Church and Cemetery Subdivision and the presently established southwesterly Right of Way line of Bransldll Road 403.40 feet to the Point of Beg/nning, said point also being the begirming of a 82.50 foot radius, non- tangent curve, concave southerly; thence westerly 51.13 feet along said curve, with a chord bearing North 76°49'24" West, 50.31 feet to a point on the presently established southeasterly Right of Way line of Primary Road No. U.S. 20, said point also being the beginning of a 988.00 foot radius, non-tangent curve, concave northwesterly; thence northeasterly 6.19 feet along said southeasterly r/ght of way line and said curve, with a chord bearing 5North 62°11'40" East, 6.19 feet; thence North 62o00'54" East along said southeasterly right of way line 22.31 feet to said southwesterly fight of way line of Brims!rill Road; thence South 43°47'57" East along said southwesterly right of way line 34.40 feet to the Point of Beginning, containing 339 square feet, more or less. NOTE: The southwesterly line of said of Lot 1 of Lot 1 of"Harwood Place" is assumed to bear South 43o47'57" East. Dubuque County STP-A-2100(620)- -86-31 Parcel No. 11 O:kPr oj\l 76290j01 ~urveykDESCRIPTIONSkPAKCEL NO A 1 .doc DESCRIPTION FOR PARCEL NO. 11 DUBUQUE COUNTY PROJECT NO. STP-A-2100(620)- -86-31 THF, TEMPORARY EASEMENT GRANTED TO CONSTRUCT ROADWAY AND APPURTENANCES IS TO LAND DESCRIBED AS FOLLOWS: That part of Lot 1 of Center Grove Methodist Episcopal Church and Cemetery Subdivision fin the City of Dubuque, Dubuque County, Iowa, more particularly described as follows: Commencing at a point on the s6uthwesterly line of Lot 1 of Lot 1 of"Harwood Place", Section 27, Township 89 North, Range 2 East of the 5~ Principal Meridian, Dubuque County, Iowa, being South 43047'57'' East, 317.31 feet from the northwest comer of said Lot t of Lot 1, as measured along said southwesterly lot line; thence South 46° 12'03" West, 44.00 feet to the northeasterly line of Lot 2 of said Center Grove Methodist Episcopal Church and Cemetery Subdivision; thence North 43047'57'' West along the northeasterly line of said Lots 1 and 2 of Center Grove Methodist Episcopal Church and Cemetery Subdivision and the presently established southwesterly Right of Way line of Bnmsldll Road · 403.40 feet to the Point of Beginning; thence North 77°05'49'' West, 25.31 feet; thence South 64°31 '48" West, 17.90 feet; thence South 25o20'24'' West, 7.17 feet; thence North 68°51' 27" West, 27,04 feet to a pofint on the presently established southeasterly Right of Way line of Primary Road No. U.S. 20, said point also being the beginnfing ora 988.00 foot radius, non-tangent curve, concave northwesterly; thence northeasterly 22.58 feet along said SOUtheasterly right of way line and said curve, with a chord beating North 63o01'44'' East, 22.58 feet to the beginning ora 82.50 foot radius, non-tangent curve, concave southerly; thence easterly 51.13 feet along the proposed frontage road fight of way line and said curve, with a chord bearing South 76049'24'' East, 50.31 feet to the Point of Beginning, containing 550 square feet, more or less. NOTE: The northeasterly line of said Lot 1 of Center Grove Methodist Episcopal Church and Cemetery Subdivision is assumed to bear North 43047'57'' West. Dubuque County STP-A-2100(620)- -86-31 Parcel No. 11 O:~ProJM76290j01~survey~DESCRIPTIONS~°ARCEL NO.11TE.doc