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Deed Marion Realty - Wilson BrPrepaxed by: James E. Graham, I715 South O Avenue, Nevada, IA 50201 For: City of Dubuque, LA, 50 West 13th Stree~ Dubuque, IA 52004-4864 Address Tax Stateme~s to: City of Dubuque, IA, 50 West 13th Stree~ Dubuque, IA 52004~4864 5i3-3~-169s 563-589-1722 WARRANTY DEED (CORPORATE GRANTOR) For the consideration of Two Thousand Three Hundred Thirty-Six and no/100 ..... ($2.336.00) ..... Dollars and other valuable consideration in hand paid by the City of Dubuque, Iowa, MARION REALTY, 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 Wilson Bros. 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: Commencing at the most westerly comer of said Lot 1 of W'flson Bros. Place; thence South 55°29'31" East (South 53029'43'' East - record) along the southwesterly line of said Lot 1 a distance of 246.62 feet to the Point of Beghaning; thence North 34°27'19'. East, 10.62 feet; thence South 55°32'41" East, 26.69 feet to the southeasterly line of said Lot 1; thence South 26°28'10" West (South 28°30'17" West - record) along said southeasterly lot line 10.75 feet to the most southerly comer of said Lot 1; thence North 55°29'31" West (North 53°29'43" West - record) along said southwesterly line of Lot 1 a distance of 28.19 feet to the Point of Beginning, containing 292 square feet, more or less. Note: The southwesterly line of said Lot 1 of Wilson Bros. Place is assumed to bear South 55°29'31" East. deed is given in fulfillment of a certain p.araal acquisition agreement dated g/tC~n~e~ /~ ~t¢~ and recorded in the Dubuque CotmtyRecorder's Officeon /Jt~, /'~ ¢S~ in .~20~O~-~ , except those terms that mxtvive the execution of this document. The additional amount of $5,164.00~ 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/nterest, 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 ail liens and encumbrances, except as may be above stated; and it covenants to warrant and defend the real estate against the lawfal claims of all persons, except as may be above stated. City of Dubuque, Iowa Project No. STP-A-20-9(165)'-22-31 Maxion Realty, Inc., an Iowa Corporation (Parcel No. 16) 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 ~,~, t,~,a'r -7 ,20 o~, . (SIGN IN INK) MARION REALTY, INC., an Iowa Corporation (Type/Print Name) (Title) By: (Type/Print Name) (Title) (NOTARYPLEASE COMPLETE LEFTAND RIGHTSIDES) ALL-PURPOSE ACKNOWLEDGMENT STATE OF ~o,..ot~ . COUNTYOF ~'~ } ss. On this -rr~ day of ~,~t,~,~-r ,20 o-~ ~ 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(l~ whose name(~) is/~ subscribed to the within instrument and acknowledged to me that he/~/~ executed the same/n his/t~/t/a~ir authorized capacity(i~), and that by his/l~r/tiek signatare(~,) on the instrument the person(~), or the entity(i~) upon behalf of which the person(~9 acted, execnted th~ent. (SEAL) _t~-~'~_ ~'~~ (Signin Ink) ~~-~ ~ Nl. ~.~..*~ (~2Pdint/TypeName) Notary Public in and for the State of ~* ~ ~ CAPACITY CLAIMED BY SELLER: INDIVIDUAL ~ CORPORATE Titles of Corporate Officer(s): __Corporate Seal is affixed J___No Corporate Seal procured __PARTNERS HIP :_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) City of Dubuque, Iowa Project No. STP-A-20-9(165)-22-31 Marion Realty, Inc., an Iowa Corporation (Parcel No. 16) Iowa Department of Transportation ACQUISITION PLAT gXHIBIT "A" DUBUQUE STP-A-2100(620)--86-31 27 TOWNSHIP 292 SQ. FT. * EASE STATE CONTROL NO. PARCEL NO. 89N RANGE EXCESS-FEE 16 2E COUNTY PROJECT NO. SECTION ROW-FEE ACqESS RIGHTS ACQUIRED FROM DESCRIPTION OF ATTACHED PLAT FOR PARCEL NO. 16 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 of Wilson Bros. 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: Commencing at the most westerly comer of said Lot 1 of Wilson Bros. Place; thence South 55°29'31" East (South 53°29'43TM East-record) along the southwesterly line of said Lot 1 a dish°nee of 246.62 feet to the Point of Beginning; thence North 34027' 19" East, 10.62 feet; thence South 55°32'41" East, 26.69 feet to the southeasterly line of said Lot 1; thence South 26°28't0" West (South 28°30'17" West-record) along said southeasterly lot line 10.75 feet to the most southerly corner of said Lot I; thence North 55°29'31" West (North 53°29'43" West-record) along said southwesterly line of Lot 1 a distance of28.19 feet to the Point of Beginning, containing 292 square feet, more or less. NOTE: The southwesterly line of said Lot 1 of Wilson Bros. Place is assumed to bear South 55°29'31" East. Dubuque County STP-A-2100(620)- -86-31 Parcel No. 16 O :lProj \176290j 0 lkqurveyIDESCPdPTIONSIPARCBL NO. 16.doc DESCRIPTION FOR PARCEL NO. 16 DUBUQUE COUNTY PROJECT NO. STP-A-2100(620)- -86-31 TIlE TEMPORARY EASEMENT GRANTED TO CONSTRUCT ENTRANCE IS TO LAND DESCRIBED AS FOLLOWS: That part of Lot lof Wilson Bros. Place in the City of Dubuque, Dubuque County, Iowa, more particularly described as follows: Commencing at the most westerly comer of said Lot 1 of Wilson Bros. Place; thence South 55°29'31" East (South 53°29'43" East-record) along the southwesterly line of said Lot 1 a distance of 234.62 feet to the Point of Beg/tm/rig; thence North 34027' 19" East, 36.83 feet; thence South 55°32'41" East, 26.02 feet to the southeasterly line of said Lot 1; thence South 26028, 10" West along said southeasterly lot line 26.48 feet to the proposed Right of Way line of JFK Road; thence North 55°32'41" West along said right of way line 29.69 feet; thence South 34o27' 19" West along said right of way line 10.62 feet to said southwesterly line of Lot 1; thence North 55°29'31" West along said southwesterly lot line 3.00 feet to the Point of Begiuning, containing 762 square feet, more or less. NOTE: The southwesterly line of said Lot 1 of Wilson Bros. Place is assumed to bear South 55°29'31" East. Dubuque County STP-A-2100(620)- -86-31 Parcel No. 16 O:~:'roj\176290j01 ~surve~DESCRIPTIONS~°ARCEL NO.16TE.doc