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Deed Bradley Operating Ltd Part563-589-1722 SPECIAL WARRANTY DEED For the consideration of Thirty-six Thousand Two Hundred and no/100 ..... ($36,200.00) ..... Dollar(s) and other valuable cunsideration in hand paid by the City of Dubuque, Iowa, BRADLEY OPERATING LIMITED PARTNERSHIP, a Delaware limited partnership, do hereby convey to the CITY OF DUBUQUE, IOWA, the following described real estate in DUBUQUE County, Iowa: FEE SIMPLE TrrLE GRANTED IS TO LAND DESCRIBED AS FOLLOWS: That part of Lot 1 of Cleve Place in the City of Dubuque, Iowa, Dubuque County, Iowa, as shown on the Acquisition Plat Exhibit "A", attached hereto and by this reference made a part hereof and more particularly described as follows: Beginning at the northeast comer of said Lot 1 of Cleve Place; thence South 01055'48'' East (South 00°00'00'' East - record) along the easterly line of said Lot 1 of Cleve Place 296.45 feet to a comer of said Lot 1 of Cleve Place; thence South 88004'39'' West (North 90000'00'' West - record) along a lot line of said Lot I of Cleve Place 15.00 feet; thence North 01055'48'' West, 277.19 feet; thence North 24°29'35" West, 20.01 feet to the northerly line of said Lot 1 of Cleve Place; thence North 86°06'31" East along said northerly line 22.69 feet to the Point of Beginnlng, containing 4,515 square feet, more or less. Note: The easterly line of said Lot 1 of Cleve Place is assumed to bear South 01055'48'' East. given in fulfffiment of a certain, partial acquisition agreement dated ~ ff~Sand recorded in the This deed is Dubuque County Reenrder's Office on ~)~.-~O~ ~ I~9~ , in ed ~a~' 03 , except those terms that survive the execution of this document. The additional amount of $120.00, 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. That the real estate is free and clear of all liens and encumbrances, except as may be on record or above stated; and it covenants to warrant and defend the real estate against the lawful claims of the City of Dubuque, Iowa, which are made by or through Bradley Operating Limited Partnership, but against none other. City of Dubuque, Iowa Project No. STP-A~20-9(165)--22-31 Bradley Operating Limited Partnership (Parcel No. 2) Words and phrases her~in, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. ,20 d-~. (SIGN IN INK) BRADLEY OPERATING LIMITED PARTNERSHIP, a Delaware limited partnership By: ~ By: L,,.;: c 7~gZ gg' ,ff (Type/Print Name) //, o_ fr-ea,~ (Title) (Type/Print Name) (Title) (NO TAR Y PLEASE COMPLETE LEFT AND RIGHT SIDES) ALL-PURPOSE ACKNOWLEDGMENT STATE OF /~C45fiC~h066t~OUNTY OF -,qO~l }L } ss. On this --. day of ,20 , before me, the undersigned, a Notary Public in and. for caid 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) is/are subscn~bed to the within insmunent 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 immanent. (SEAL) ~~ (Sign in Ink) (Prinffrype Name) Notary Public in and for the State of CAPACITY CLAIMED BY SELLER: __INDIVIDUAL __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) " KAREN El P^~.,ALE Notary Public Commonwealth of Massachusetts My Commission Expires II March 27, 2009 City of Dubuqne, Iowa Project No. STP~A-20-9(165)--22-3 l Bradley Operating Limited Partaership (Parcel No. 2) Iowa Departmen[ of Transportation ACQUISITION PLAT EXHIBIT 'A" COUNTY PROJECT NO. SECTION ROW-FEE ACC;ESS RIGHTS DUBUQUE STP-A-2100(620)--86-31 28 TOWNSHIP 4515 SO. FT. * EASE STATE CONTROL NO. PARCEL NO. 89N RANGE EXCESS-FEE 2 2E ACQUIRED FROM i .'LY UN[ ~0~ t "pK" NAiL P.0,T, ~FA. 42+52.02 (U.S. 20 -P,O.T, STA. 407+00.00 WACK[R DR,)~ N LOT UNE ST~ 405+07.81 (N 9~00'00' W) 0 50' N [; COUNTY OUBUQUE EASE 89N [ 1 DESCRIPTION OF ATTACHED PLAT FOR PARCEL NO. 2 DUBUQUE COUNTY PROJECT NO. STP-A-2100(620)--86-31 THE FEE SIMPLE TITLE GRANTED IS TO LAND DESCRIBED AS FOLLOWS: That part of Lot 1 o~' Cleve Place 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: Beginning at the northeast comer of said Lot 1 of Cleve Place; thence South 01055'48'' East (South 00°00'00'' East-record) along the easterly line of said Lot 1 of Cleve Place 296.45 feet to a corner of said Lot 1 of CleVe Place; thence South 88004'39'' West (North 90°00'00" West-record) along a lot line of said Lot 1 of Cleve Place 15.00 feet; thenCe North 01055'48'' West, 277.19 feet; thence North 24°29'35" West, 20.01 feet to the northerly 1/ne of said Lot 1 of Cleve Place; thence North 86°06'31" East along said northerly 1/ne 22.69 feet to the Point of Beginning, containing 4,515 square feet, more or less. Note: The easterly line of said Lot 1 of Cleve Place is assumed to bear South 01055'48'' East. Dubuque County STP~A-2100(620)- -86-31 Parcel No. 2 O:kProj\l 76290j01 kqurveykDESCRIPTIONSkPA2~CEL NO.2.doc