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Deed CNL Funding515-382-1698 563-589-1722 WARRANTY DEED For the consideration of Four Thousand Two Hundred Fh°cy-six and no/100 ..... ($4,256.00) ..... Dollars and other valuable consideration in hand paid by the City of Dubuque, Iowa, CNL FUNDING 2000-A, L.P., a Delaware limited partnership, 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 2 of Lot 1 of Lot 1 of Lot 1 of Correction Plat of Lot 1 of Mineral Lot 246 in the City of Dubuque, Dubuque County, Iowa, as shown onthe Acquisition Plat Exhibit "A", attached hereto and by reference made a part hereof and more particularly described as follows: Commencing at the southeasterly comer of said Lot 2 of Lot 1 of Lot 1 of Lot 1 of Correction Plat of Lot 1 of Mineral Lot 246; thence North 75o56'54'. West along the southerly line of said lot 77.06 feet (77.18 feet - record); thence North 76002'06'' West along said southerly lot line 86.95 feet to the Point of Beginning; thence continuing North 76o02'06'' West along said southerly lot line 30.50 feet; thence North 55°29'31" West along said southerly lot line 34.85 feet to the most southerly comer of Lot 1 of Wilson Bros. Place in the City &Dubuque, Iowa; thence North 26°28'10'' East along the westerly line of said Lot 2 of Lot 1 of Lot 1 of Lot 1 of Correction Plat of Lot 1 of Mineral Lot 246 a distance of 10.75 feet; thence South 55°32'41" East, 64.91 feet to the Point of Beginning, containing 532 square feet, more or less. Note: The westerly line of said Lot 2 of Lot 1 of Lot 1 of Lot 1 of Correction Plat of Lot 1 of Mineral Lot 246 is assumed to bear North 26°28'10" East. This deed is given in fulfillment of a c~rtain partial acquisition agreement dated &, ~ ~,~ and recorded in the Dubuque County Recorder's Office on ~, "'6, ~0 ~, in ~o/' ~'(~ I -- t~ , except those terms that survive the execution ofth/s document. ~' -- The additionai mount of $6,944.00, as agreed to by partial acquisition 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. Grantors do Hereby Covenant with grantees, and successors in interest, that grantors hold the real estate by fee title in fee simple rifle; that they have good and lawlhl authority to sell and convey the real estate; that the real estate is Free and Clear of all Liens and Encumbrances except as may above stated; and grantors Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigx~ed hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. City of Dubuque, Iowa Project No. STP-A-20-9( 165)--22~31 CNL Funding 2000-A, L.P. (Parcel No. 6) Words and phrases herein,/ncluding acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated CNL FUNDING 2000-3. L.P., a Delaware limited partnership By: CNL Funding 2000-A, Inc., a Delaware corporation as §eneral partner Steven D. Shackelford(Typ~/PrintName) Executive Vice President (Title) and Chief Financial OtZicer By: .(Type/Print Name) .(T~de) (NOTARY PLEASE COMPLETE LEFTAND RIGHT SIDES) P,~LL-PURPOSE ACKNOIVLEDGMENT STATE OF FI orida , COUNTY OF Orange } ss. On rids l.D+*' day ofOc4~l~,~t-- , 200 ~, before me, the undersigned, a Notary Public/n and for said State, personally appeared ¼cf-32 14, -d c X to me personally known or proved to me on the basis of satisfactory evidence to be the person(s) whose nme(s) is/are subscribed to the within CAPACITY CLAIMED BY SELLER: __CORPORATE Titles of Corporate Officer(s): __Corporate Seal is affixed __No Corporate Seal procured X PARTNERSHiP:_Limited X_Genera1 __ATTORNEY-IN-FACT EXECUTOR(s) or TRUSTEE(s) instrument and acknowledged to me that he/she/they executed the same in I GUARDIAN(s) or CONSERVATOR(s) bis/her/their authorized capacity(les), and that by his/her/their s/gnature(s) I __OTHER: on the instrument the person(s), or the entity(les) upon behalf of which the person(s) acted, executed the/nstmment. I SELLER IS REPRESENTINC: ' t Names of entity(les) or person(s) t. o9 ( hnVrype Nme) Notary Public in and for the State of ~t o m~c,~c,_ ~. ~ MY Commission DD14~2 ~o~ Expires Augu~ 26, 2006 City of Dubuque, Iowa Project No. STP-A-20-9(165)-22-31 CNL Funding 2000-3. L.P. (Parcel No. 6) Iowa Department of Transportation ACQUISITION PLAT EXHIBIT "A" CO[~NTY PROJECT NO. SEdTION ROW-PEE ACCiESS RIGHTS DUBUQUE STP-A-2100(620/--86-31 27 TOWNSHIP 552 SQ. FT. * EASE STATE CONTROL NO. PARCEL NO. 89N RANGE EXCESS-FEE 6 2E ACQUIRED FROM SE'LY COR. ~ r DESCRIPTION OF ATTACHED PLAT FOR PARCEL NO. 6 DUBUQUE COUNTY PROJECT NO. STP-A-2100(620)--86-31 TI-[E FEE SIMPLE TITLE GRANTED IS TO LAND DESCRIBED AS FOLLOWS: That part of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Correction Plat of Lot 1 of Mineral Lot 246 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 the southeasterly comer of said Lot 2 of Lot 1 of Lot 1 of Lot 1 of Correction Plat of Lot 1 of Mineral Lot 246; thence North 75°56'54" West along the southerly line of said lot 77.06 feet (77.18 feet-record); thence North 76002'06'' West along said southerly lot line 86.95 feet to the Point of Begimaing; thence continuing North 76o02'06'' West along said southerly lot line 30.50 feet; thence North 55°29'31" West along said southerly lot line 34.85 feet to the most southerly comer of Lot i of Wilson Bros. Place in the City of Dubuque, Iowa; thence North 26°28' 10" East along the westerly line of said Lot 2 of Lot 1 of Lot 1 of Lot 1 of Correction Plat of Lot 1 of Mineral Lot 246 a distance of 10.75 feet; thence South 55°32'41" East, 64.91 feet to the Point of Beginning, containing 532 square feet, more or less. NOTE: The westeTly line of said Lot 2 of Lot 1 of Lot 1 of Lot 1 of Correction Plat of Lot 1 of Mineral Lot 246 is assumed to bear North 26028' 10" East. Dubuque County STP-A-2100(620)- -86-31 Parcel No. 6 O:~roj\l 76290j 01 ksurveykDESCRIPTiONS~PARCEL NO.6.doc DESCRIPTION FOR PARCEL NO. 6 DUBUQUE COUN2~ PROJECT NO. STP-A-2100(620)- -86-31 THE TEMPORARY EASEMENT GRANTED TO CONSTRUCT ENATRANCE IS TO LAND DESCRIBED AS FOLLOWS: That part of Lot 2 of Lot 1 of Lot 1 of Lot i of Correction Plat of Lot 1 of Mineral Lot 246 in the City of Dubuque, Iowa, more particularly described as follows: Conm~encing at the southeasterly corner of said Lot 2 of Lot 1 of Lot 1 of Lot 1 of Correction Plat of Lot 1 of Mincnal Lot 246; thence North 75°56'54'' West along the southerly Yme of said lot 77.06 feet (77.18 feet-record); thence North 76°02'06'' West along said southerly lot line 84.55 feet to the Point of Beginr/mg; thence continffmg North 76002'06'' West along said southerly lot line 2.40 feet to the proposed Right of Way line of JFK Road; thence North 55°32'41" West along said right of way line 64.91 feet to the westerly line of said Lot 2 of Lot 1 of Lot 1 of Lot 1 of Correction Plat of Lot I of Mineral Lot 246; thence North 26°28'10'' East along said lot line 26.48 feet; thence South 55°32'41'' East, 61.42 feet; thence South 14°06'34'' West, 27.07 feet to the Point of Begiun'mg, containing 1689 square feet, more or less. NOTE: The westerly I/ne of said Lot 2 of Lot 1 of Lot 1 of Lot 1 of Correction Plat of Lot 1 of Mineril Lot 246 is assumed to bear North 26028, 10" East. Dubuque County STP-A-2100(620)- -86-31 Parcel No. 6 O:~Proj\176290j01 ~survey~DESCRIPTIONS\PARCEL NO.6TE.doc