US Hwy 20 Widening DeedsMEMORANDUM
January 27, 2004
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Acceptance of Warranty Deeds for the US Highway 20 Widening Project
The City has already purchased property needed for the widening of Dodge Street
intersections from Devon Drive to Century Circle. Public Works Director Mike Koch
recommends acceptance of the warranty deeds to said property.
Two additional parcels (Bird Chevrolet Company and Leath Furniture, Inc.) required
only temporary construction easements that have been previously executed and
recorded..
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
MEMORANDUM
January 27, 2004
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director
Acceptance of Warranty Deeds for the US Highway 20 Widening
Project
INTRODUCTION
Enclosed are resolutions accepting warranty deeds for right-of-way purchases
associated with the widening Of Dodge Street intersections from Devon Drive to
Century Circle.
DISCUSSION
The warranty deeds are for parcels of property which were needed for
intersection improvements to US 20 to be done by the Iowa Department of
Transportation. A map showing the eight parcels acquired is attached.
Enclosed are the warranty deeds for the purchased parcels. Included are the
following warranty deeds:
OWNER
DESCRIPTION
Marion Realty, Inc.
Jodell A. Van Duyn and
John R. Van Duyn
WCB Hotels, Inc.
The Center Grove
Methodist Episcopal
Cemetery Association
A part of Lot 1 of Wilson Bros. Place
A part of Lot 1 of Ramada Inn Place
A part of Lot 1 of 1 of "Harwood Place" in Section 27,
Dubuque Township
A part of Lot 1 of Center Grove Methodist Episcopal
Church and Cemetery Subdivision
Kennedy Mall Ltd., L.L.C.
CNL Funding 2000~A,
L.P.
Bradley Operating
Limited Partnership
Two parts of Lot 1 of 1 of 1 of 1 of 1 of Hawkeye
Stock Farm in Sections 27 and 28, Dubuque
Township
A part of Lot 2 of 1 of 1 of 1 of Correction Plat of Lot
1 of Mineral Lot 246
A part of Lot 1 of Cleve Place
Two additional parcels (Bird Chevrolet Company and Leath Furniture, Inc.)
required only temporary construction easements that have been previously
executed and recorded.
RECOMMENDATION
The City has already purchased the above properties, and the Warranty Deeds
should be accepted by the City Council to complete the transfer of ownership. I
recommend adoption of the enclosed resolutions accepting the deeds.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolutions accepting the
warranty deeds.
Prepared by Ronald J. Turner, PLS
cc: Ronald J. Turner, PLS
David Ness, PE
l:l:ltllS NOA:IQ Ol BAll:lQ AtlfllN:l:) iN08:l .L:IBTIIS 99000
aU'IAI L.LINI31A
Prepared by: Ronald J. Turner, PLS
50 W. 13~h Street, Dubuque, IA 52001-4861
RESOLUTION NO. 36-04
A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY BEING
A PART OF LOT 1 OF WILSON BROS. PLACE TO THE CITY OF DUBUQUE
Whereas, the City of Dubuque entered into an Acquisition Agreement
dated December 10, 2003, and recorded as Instrument No. 32096-03 in the
office of the Recorder of Dubuque County with Marion Realty, Inc., pursuant to
which Marion F~ealty, Inc. agreed to convey a part of Lot 1 of Wilson Bros. Place
in the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and
Whereas, Marion Realty, Inc. has executed a conveyance of said
property.
NOW THEREFORE, BE IT RESOLVED BY TH E CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby
approves of, accepts and consents to the Warranty Deed from Marion Realty,
Inc., copies of which are attached hereto, as required by Iowa Code Section
569.7.
Section 2. The Mayor is hereby authorized and directed to execute and
acknowledge on behalf of the City of Dubuque any instruments in connection
herewith.
Passed, approved and adopted this 2nd day of February, 2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
515-382-1698
563-589-I722
WARRANTY DEED
(CORPORATE GRANTOR)
For the considexalion 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 Corporetkm, does hereby
convey to the CITY OF DUBUQUE, IOWA, real estate in DUBUQUE Coumy, Iowa:
THE FEE SIMPLE '11 I'LE GRANTED IS TO LAND DESCRIBED AS FOLLOWS:
That part of Lot I of W'dson Bros. Place in the City of Dubuque, Dubuque County, Iowa, as shown on
the Acquisition Plat Exhibk "A", attached hereto and by reference made a part hereof and more
particularly descn~bed as follows:
Commencing at the most westerly comer of said Lot I 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 246.62 feet
to the Point of Be~nning; thence North 34°27'19" East, 10.62 feet; thence South 55°32'41" East, 26.69
feet to the southeasterlyline of said Lot I; thence South 26°28'10" West (South 28°30'I 7" 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 Beginn/ng, containing 292 square feet, more or less.
Note: The southwesterly line of said Lot I of Wilson Bros. Place is assamed to bear South 55°29'31" East.
m the Dubuque County Reecxdefs Office on f,¢~_, ///~t~ .in 2~gP~O~ -~ , except those terms that
smMve the execution of this document.
The additional mount of $5A64.00, ~s agreed to by purchase agreement, is paid as severance damages to the remaining
property and is not subject to re~l estate transfer tax.
Tais laud is being acquired f~r public purposes through eminent domain and a Declaration of Value is not required. Iowa
Code Sec. 428A. 1.
The corporation hereby covenants with grantees, and successors in interest, that it holds the real estate by title ~ fee simple;
that it has good and lawfial authority to sell and convoy the real estate; that the real estate is free and clear of all liens and
encumbrances, except as may be above stated; and it covenants to warrant a~d defend the real estate against the lawful clakms
of ali persons, except es may be above stated.
City of Dubuque, Iowa Project No. STP-A-20-9(165)-22-3 I
Marion Realty, latc., an Iowa Corporation (Parcel No. 16)
Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as
mascul/ne or feminine gender, according to the context.
Dated ~,mt-~$~c ~ ,20o~ . (SIGN IN INK)
MARION REALTy, INC., an Iowa Corporation
By:
(TypedPriut Name) (Type/Print Name)
(Title) (Title)
fNOTARYPLKdSE COMPLETE LEFTAND RIGHT SIDES)
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF louo~ , COUNTY OF~'~ ~' ~ }ss.
Onthis'Fr~ day of bv,~,,,-:,"r ,20o'~,beforeme, the undersigned, a
Notary Public in and for said State, personally appeared
to me personally known
or x proved to me on the basis of satisfactory evidmace
to be the person(l) whose name~) is/a~ subscribed to the within
instrument and acknowledged to me that heJ~l~/flm~ executed the same in
his/l~P,~ authorized capazity(i~), and that by his/k~r/fl~r signatrge(g)
on the instrument the perscm(~), or the enfity(/~) upon behalf of wh/ch the
person(~ acted, executed thgi~i~nea~
(SEAL) ~~'~~ (Sign fa Ink)
~ t~. Pell~u~ ~ttint/TypeName)
Notmy Public fa and for the State of I* ~ ~
CAPACITY CLAIMED BY SELLER:
~rNDIVIDUAL
CORPORATE
Titles of Corporate Officer(s):
__Corporate Seal/s affixed
~x No Corporate Seal procured
__PAKTNERSHIP:_Limited _General
ATrOKNEY-IN-FACT
__EXECUTOR(s) or ~RUSTEE(s)
__GUARDIAN(s) or CONSERVATOK(s)
OTI-IEK:
SELLER IS REPRESENTING:
Names of enfity(ies) or person(s)
City of Dubuque, Iowa Project No. STP-A-20-9(165)-22-31
Marion Realty, Inc., au Iowa Corporation (Parcel No. 16)
Iowa Department of Transportation
ACQUISITION PL~T
EXHIBIT
COUNTY DUBUOUE
PROJECT NO. STP-A-2100(620)--86-3]
SEOTION 27 TOWNSHIP
ROW-FEE 292 SO Fr * EASE
ACOESS RIGHTS
STATE CONTROL NO.
PARCEL NO
89N RANGE
EXCESS-FEE
16
2E
ACQUIRED FROM
Prepared by: Ronald J. Turner, PLS
50 W. 13m Street, Dubuque, IA 52001-4861
RESOLUTION NO. 37-04
A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY BEING
A PART OF LOT '1 OF RAMADA INN PLACE TO THE CITY OF DUBUQUE
Whereas, the City of Dubuque entered into an Acquisition Agreement
dated August 5, 2003, and recorded as Instrument No. 20862-~0G in the office of
the Recorder of Dubuque County with Jodell A. Van Duyn and John R. Van
Duyn, pursuant to which Jodell A. Van Duyn and John R. Van Duyn agreed to
convey a part of Lot 1 of Ramada Inn Place in the City of Dubuque, Iowa, as
shown on the Acquisition Plat thereof; and
Whereas, Jodell A. Van Duyn and John R. Van Duyn have executed a
conveyance of said property.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby
approves of, accepts and consents to the Warranty Deed from Jodell A. Van
Duyn and John R. Van Duyn, copies of which are attached hereto, as required by
Iowa Code Section 569.7.
Section 2. The Mayor is hereby authorized and directed to execute and
acknowledge on behalf of the City of Dubuque any instruments in connection
herewith
Passed, approved and adopted this 2nd day of February, 2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
dayof February ,2004.
'1'errance M. Dugg~Ji~, Mayor
WARRANTY DEED
515-382-1698
563-559-1722
For the consideration of Three Thousand One Hundred Twelve and no/100-----($3.112.00)-----Dollars and other valuable
consideration in hand paid by the City of Dubuque, Iowa, JODELL A. VAN DUYN AND JOHiN IL VAN DUI'N, her
husband, does hereby convey to the CITY OF DUBUQUE, IOWA real estate in DUBUQUE County, Iowa:
T!{E FEE SIMPLE TITLE GRANTED IS TO LAND DESCRIBED AS FOLLOWS:
That part of Lot 1 of Ramada Inn 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 east one-quarter comer of Section 28, Township 89 North, Range 2 East of the 5th
Principal Meridian; thence South 01 °55'48" East along the easterly line of Lot 2 of Lot 1 of Lot 1 of Lot
1 of said Hawkeye Stock Farm and the southerly extension of said lot line 487.27 feet to the Point of
Beginning, said point being on the northerly line of Lot 1 of Ramada Inn Place; thence North 86°18'04"
East (North 8g° 12'45" East - record) along said northerly lot line 5.51 feet; thence South 43 °08'29" West,
10.61 feet; thence South 01°55'48" East, 355.00 feet; thence South 88°04'12" West, 1.00 feet to the
westerly line of said Lot 1; thence North 01 °55'48" West (North- record) along said westerly- lot line
362.23 feet to the northwesterly comer of said Lot 1; thence North 86° 18'04" East (North 88 ° 12'45" East
- record) along said northerly line of Lot 1 a distance of 3.00 feet to the Point of Begliming, containing
389 square feet, more or less.
NOTE: The easterly line of said Lot 2 of Lot I of Lot 1 of LOt 1 of Hawkeye Stock Farm is assumed to bear South
01055'48'' East.
~/~eed and 9 certain easement for public highway is given in fulfillment of a certain partial acquisition agreement dated
~7~ ~,, ~'0~ and recorded in the Dubuque County Reeorder's Office on
~ ~9,~2'- ~,.~ , except those terms that survive the execution of this document.
The additional amount of $7.888.00. as agreed to by partial acquisition agreement, is paid as severance damages to the
remaining property and is not subject to real estate transfer tax.
This land is being acquired for public purposes through eminent domain and a Declaration of Value is not required. Iowa Code
Sec. 428A.1.
Grantors do hereby covenant with grantees, and successors in interest, that grantors hold the real estate by title in fee simple;
that they have good and lawful authority to sell and convey the real estate; that the real estate is fee and clear of all liens and
encumbrances except as may be above state; and grantors covenant to warrant and defend the real estate against the lawful
claims of ail persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead
and distributive share in and to the real estate.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as
masculine or feminine gender, according to the context.
City of Dulmqua, Iowa Project No. STP-A-20-9( 165)-22-31
Jodell A. Van Duyn (Parcel No. 4)
,20,~ (SIGN IN INK)
/~el! A. Van Duyn ....
X
(NOTARY PLEASE COMPLETE LEFT AND RIGHT SIDES)
ALL-PURPOSE ACKNOV~LED GMEI'~Y
STATE OF o~i_~d.~ COUNTY OF~} ss.
On this ~1 7 day of .~.~ 20 O$, before me, the undersigned,
Notga~ P~bl~ ~/an~l ~or sa]~ S:i~at e, personally appeared '
~ Icl
t~ ~ me pers}>nally known
or ._._proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s)~'are subscribed to the within instrument
and acknowledged to me that l~!st~/they executed the sam e in I~/l~r/their
authorized capaclt3,(ies), and that by hi~a,r/their signature(s) on the
instmmemthe pemon(s), or the entity(les) upon behalfofwhleh the person(s)
acted, executed the inslrameut.
(SEAL) (Sign in Ink)
~.tnlt~£/F.~/fn~' (Priut/Type Name)
Notary Public in and for the State of ..~_.~.~
CAPACITY CLAIMED BY SELLER:
Titles of Corporate Officer(s):
__Corporate Seal is affixed
No Corporate Seal procured
PAKTNERSHIP:_Limited _General
ATtORNEY-IN-FACT
EXECUTOR(s) or TRUSTEE(s)
GUARDIAN(s) or CONSERVATOR(s)
__OTHER:
SELLER IS REPRESENTING:
Names of eutlty(ies) or person(s)
City of Dubuque, Iowa Project No. STP-A-20-9(165)--22-31
Jodall A. Van Duyn (Parcel No. 4)
Iowa Department of Transportation
ACQUISITION PLAT
EXHIBIT "A"
COUNTY DUBUQUE STATE CONTROL NO.
:ROJECT NO STP-A-2100(620)--86-31 PARCEL NO
SECTIOi 27 & 28 TOWNSHIP 89N RANGE 2E
ROW FEE 389 so. FT. * EASE EXCESS-FEE
ACOESS RIGHTS
ACOUIRED FRO~ JODELL A. VAN DUYN et vir.
So'
DETAIL
SCALE: 1" : 4'
Prepared by: Ronald J. Turner, PLS
50 W. 13~ Street, Dubuque, IA 52001-4861
RESOLUTION NO. 38-04
A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY BEING
A PART OF LOT I OF 1 OF HARWOOD PLACE" IN SECTION 27, DUBUQUE
TOWNSHIP, TO THE CITY OF DUBUQUE
Whereas, the City of Dubuque entered into an Acquisition Agreement
dated December 15, 2003, and recorded as Instrument No. 32230-03 in the
office of the Recorder of Dubuque County with WCB Hotels. inc., pursuant to
which WCB Hotels, Inc. agreed to convey a part of Lot 1 of 1 of "Harwood Place"
in Section 27, Dubuque Township, in the City of Dubuque, Iowa, as shown on the
Acquisition Plat thereof; and
Whereas, WCB Hotels, Inc. has executed a conveyance of said property.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby
approves of, accepts and consents to the Warranty Deed from WCB Hotels, Inc.,
copies of which are attached hereto, as required by Iowa Code Section 569.7.
Section 2. The Mayor is hereby authorized and directed to exe(~ute and
acknowledge on behalf of the City of Dubuque any instruments in connection
herewith.
Passed, approved and adopted this 2nd day of February, 2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
nne F. Schneider, CMC, City Clerk
day of February 2004.
'1'errance M. Duggp~¥~layor
515-382-t698
563-589-I722
WARRANTY DEED
(CORPORATE GRANTOR)
For the consideration of Forty-five Thousand Nine Hundred Sixteen and nofi00----($45,916.00)-----Dollars and other valuable
consideration in hand paid by the City of Dubuque, Iowa, WCB HOTELS~ INC., an Iowa Corporation, does hereby convey
to the CITY OF DUBUQUE, IOWA, real estate in DUBUQUE County, Iowa:
THE FEE SIM?LE II'ILE GRANTED IS TO LAND DESCRIBED AS FOLLOWS:
That part of Lot 1 of Lot I of "Harwood Place", Section 27, Dubuque Township, Dubuque County,
Iowa, as shown on the Acquisition Plat Exhibit "A', ettaohed hereto and by reference made a part hereof
and mom particularly described as follows:
Commencing au 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
43o47'57'' West (North 41041' West - record) along said southwesterly lot line 61.25 feet to the Point
of Begiraung; thence continuing North 43°47'57" West (North 41041' West - record) along said
southwesterly lot line 256.06 feet to the northwesterly comer of said lot and the beginning of a 4,509.00
foot radius, non-tangent curve, concave southerly; thence easterly 102.10 feet along the northerly line
of said lot and said cra-ye, with a chord bearing South 88°46'43'' East, 102.09 feet to the beginning ora
221.50 foot radius, non-tangent cusve, concave easterly; thence southerly 174.94 feet along said curve,
witha chord bearing South21°I3'59'' East, 170.43 feet; thence South43°51'32'' East, 26.46 feet; thence
South 46008'28'' West, 6.79 feet to the Point of Beginuing, eon~Jning 7,064 square feet, more or less.
Note: The southwesterly line of said Lot I of Lot 1 of"Harwood Place" is assumed to bear North 43 °47'57" West.
This deed is given in fulfillment of[certain partial acquisition agreement dated ~'~q~f/~tn d i-eeorded in the Dubuque
County Recorder's Office on /.,P_~, /~'~, ~, in g~O ~ , exc~pt~those terms that survive the
execution of this document.
The additional amoum 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 ofValu e is not required. Iowa Code
Sec. 428A. I.
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 ali I ions and
encumbrances, except as may be above stated; and it covenants to wan'ant and defend the real estate against the lawful claims
of ail persons, except as may be above sated.
City of Dubuque, Iowa Project No. STP-A-20-9(165)-22-31
WCB Hotels, Lne., an Iowa Corporation (Pm'eat No. I2)
Words and phrases herein, including aeknowledgmenI hereof, shall be construed as in the singular or plural number, and as
masculine or feminine gender, according to the context.
· 2o~~. (sion IN INK)
WCB HOTELS, INC.. au Iowa Corporation
Mark C FaI e/Prat Name)
3Chairman and CEO .(Title)
By:
Ron Cavanaqh (Type/Ptlnt Name)
Assistant Secretary _(Title)
,'NOTARY PLE.,4SE COMt'I..E TE LEFT AND RIGHT SIDES)
ALL-PURPOSE ACKIWOVfLEDGMlgNT
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
Mark C. Falb and Ron Cavana~h
~ to me personally known
or proved to me on the basis of satisfactory evldenee
to be the person(s) whose name(s) is/are subscribed to the within insh'ament
and acknowledged to m e that he/she/they executed the sam e in his/her/their
authorized capacity(ies), 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)
actec~ executed the instrument.
{ l, COvlmc~ JC',I,~D~ (PrlntJTypeName)
Notary P~blie in mY'd for the State of
CAPACITY CLAIMED BY SELLER:
~INDIViDUAL
J_CORPORATE
Titles of Corporate Officer(s):
Chairman, CEO, Assistant Secretar~
__Corporate Seal is affixed
' X No Corporate Seal procured
.__PAKTNERSYelIP:_Limited _General
__ATTORNEY-IN-FACT
__EXeCUTOR(s) or TRUSTEE(s)
__GUARDIAN(s) or CONSERVATOR(s)
__OTHER:
SELLER IS REPRESENTING:
Names of entity(ies) or person(s)
HOTELS, INC.
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 DUBUQUE
PROJ.ECT NO. STP-A- 2100(620)--86-31
SECT!ON TOWNSHIP
.ROWZFEE 7,064 SO.
ACCESS RIGHTS
STATE CONTROL NO.
PARCEL NO, 12
RANGE
EXCESS-FEE
ACQUIRED FROM WCB HOTELS, INC.
N
Prepared by: Ronald J. Turner, PLS
50 W. 13th Street, Dubuque, IA 52001-4861
RESOLUTION NO. 39-04
A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY BEING
A PART OF LOT 1 OF CENTER GROVE METHODIST EPISCOPAL CHURCH
AND CEMETERY SUBDIVISION TO THE CITY OF DUBUQUE
Whereas, the City of Dubuque entered into an Acquisition Agreement
dated August 14, 2003, and recorded as Instrument No. 22382-03 in the office of
the Recorder of Dubuque County with the Center Grove Methodist Episcopal
Cemetery Association, pumuant to which Center Grove Methodist Episcopal
Cemetery Association agreed to convey a part of Lot 1 of Center Grove
Methodist Episcopal Church and Cemetery Subdivision in the City of Dubuque,
Iowa, as shown on the Acquisition Plat thereof; and
Whereas, the Center Grove Methodist Episcopal Cemetery Association
has executed a conveyance of said property.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby
approves of, accepts and consents to the Warranty Deed from Center, Grove
Methodist Episcopal Cemetery Association, copies of which are attached hereto,
as required by Iowa Code Section 569.7.
Section 2. The Mayor is hereby authorized and directed to execute and
acknowledge on behalf of the City of Dubuque any instruments in connection
herewith.
Passed, approved and adopted this 2nd day of February, 2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
WARRANTY DEED
(CORPORATE GRANTOR)
For the consideration of Two Thousand Three Hundred Sevcmtw--three and no/100---($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 conveyto the CITY OF DUBUQUE, IOWA,
real estate in DUBUQUE County, Iowa:
FEE SIMPLE TITLE GRANTED tS 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 end
by reference made a par~ hereof and more particularly described as follows:
Commencing at a point on the southwesterly line of Lot I 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 I, 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 end 2 of Center Grove Methodist Episcopal Church and
Cemetery Subdivision and the presently established southwesterly Right of Way line of Brtmskill Road
403.40 feet to the Point of Beginning, said point also being the beginning ora 82.50 foot radius, non-
tengent 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 Pfimaty Road No. U.S. 20, said point also being the begininng of a 988.00 foot radius, non-tangent
curve, concave northwesterly; thence northeasterly 6.19 feet along said southeasterly fight of way line
and said curve, with a chord beating North 62° I I '40" East, 6.19 feet; thence North 62°00'54" East along
said southeasterly fight of way line 22.31 feet to said southwesterly fight of way line of Bronskill Road;
thence South 43°47'57'' East along said southwesterly fight of way line 34.40 fe~ to the Point of
Beginning, contaiuing 339 square feet; more or less.
Note: The southwesterly line of said Lot 1 of Lot l of "Harwood Place" is assumed to bear South 43 °47'57" East.
This deed is given in fulfillment of a certain partial acquisition agreement dated /~6'o///~, ~'~and recorded in the
DubuqueCountyRecorder'sOfficeon ,,4tt4o, /~.. "2~a0~.in ~:~.~,¢'g~O'Z- ~ .exceptthosetermsthatsurdve
the execution of this document. ~'
The adclMcmal mount of $827.00. as agreed to by purchase agreement, is paid ~s severance damages to the remaining
property and is not subject to real estate transfer tax.
~ la~d is being acquired for public purposes through eminent domain and a Declaration of Value is not required. Iowa
Code Sec. 428A. I.
The corpmafion hereby covenants with grantees, and successors in interest, that it holds the real estate by tifli in fee s/mple;
that it bas good and lawful authority to sell and convey- the real estate; that the real estate is flee and clear of all liens and
~mcumbrances, except as may be above stated; and it covemmts to warrant and defend the real estate against the lawful claims
of all persons, except as may be above stated.
City of Dubuque, Iowa Project No. STP-A-20-9(165)-22-31
The Center Grove Methodist Episcopal Cemetexy Association, an Iowa Non-Profit Corporation (Parcel No. 11)
Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as
masculine or feminine gender, according to the context.
,20o~_~_. (S~GN ~ ~
TIlE CENTER GROVE METHODIST EPISCOPAL CEMETERY ASSOCIATION, an Iowa Non-Profit Corporation
By:
(Title)
(NOTARY PLEASE C0317PLETE LEFT AND RIGHT SfDE$)
ALi~pIYRPO SE ACKNOWLEDGMENT
STATEOF Io~ ,COUNTYOF 'l)~,~,,,~w~- }ss.
On this ~'r day of .~,~.~ ,20 t~, before me, the undersigned, a
Notary Public in and for said State, personally appeared
__m me personally known
or Y- provedtomeonthebasisofsatisfactoryevidence
to be the person( s ) whose name( s ) il/are.subscribed to the within inslrurn eot
and acknowledged to m e that l~/~/tbey executed the sam e in la~7"amr/their
authorized capacity(ies), and that by h~/l~Rheir signature(s) on the
iusmanent the person(s), or the entity(ies) upon behalfofwhich the person(s)
acted, executed the instmmegt,~-~
(SEAL) ~ -(~7~(Sign in Ink)
~e ~ - ~.~ e-u3~= (~frype Name)
Notary Public in and for the State of ~ ~ ~1~
CAPACITY CLAlfiVIED BY SELLER:
__INDIVIDUAL
.,~__CORPORATE
Titles of Corporate Officer(s):
__Corporate Seal is affixed
__No Corporate Seal procured
___PARTNERSHIP :_Limit ed _General
__ATTORNEy-IN-FACT
__EXECUTOR(s) or TRUSTEE(s)
__GUARDIAN(s) or CONSERVATOR(s)
__OTHBR:
SELLER IS REPRESENTING:
Names of entity(ies) or person(s)
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 PI.AT
EXHIBIT "A"
COUNTY DUBUQUE
PROJECT NO STP-A-210B(620)--86-31
SECTION 27 TOWNSHIP
ROW-FEE 5,39 SQ. FT, * EASE
ACCESS RIGHTS
STATE CONTROL NO.
PARCEL NO.
89N RANGE,
EXCESS-FEE
11
2E
ACQUIRED FROM
Prepared by: Ronald J. Turner, PLS
50 W. 13'~ Street, Dubuque, IA 52001-4861
RESOLUTION NO. 40-04
A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY BEING
TWO PARTS OF LOT 1 OF I OF 1 OF 1 OF I OF HAWKEYE STOCK FARM
IN SECTIONS 27 AND 28, DUBUQUE TOWNSHIP, TO THE CITY OF
DUBUQUE
Whereas, the City of Dubuque entered into an Acquisition Agreement
dated September 3, 2003, and recorded as Instrument No. 26960-03 in the office
of the Recorder of Dubuque County with the Kennedy Mall Ltd., L.L.C., pursuant
to which Kennedy Mall Ltd. L.L.C. agreed to convey two parts of Lot I of 1 of 1
of I of 1 of Hawkeye Stock Farm n Sections 27 and 28, Dubuque Township, in
the City of Dubuque, Iowa, as shown on the Acquisition Plat thereof; and
Whereas, the Kennedy Mall Ltd., L.L.C. has executed a conveyance of
said property.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby
approves of, accepts and consents to the Warranty Deed from Kennedy Mall
Ltd., L.L.C., copies of which are attached hereto, as required by Iowa Code
Section 569.7.
Section 2. The Mayor is hereby authorized and directed to execute and
acknowledge on behalf of the City of Dubuque any instruments in connection
herewith.
Passed, approved and adopted this 2nd day of February, 2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
day of February ,2004.
T~rr~~ayor --
WARRANTY DEED
For the considexa~on of Talrtv-three Thousand Seven Hundred Seven and no/i00--($33~707.00)---Dollars and other
valuable eonaideration in hand paid by the City of Dubuque, Iowa, KENNEDY MAi,L, LTD., L.L.C., an Ohio limited
liability company, formerly The Kennedy Mall, Inc., 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 Lot 1 of Lot 1 of Lot 1 of Hawkeye Stock Farm In Sections 27 & 28,
Dubuque Township, City of Dubuque, Dubuque County, Iowa, identified as ParcelA on the Acquisition
Plat Exhibit "A" Sheet I of 2, attached hereto and by reference made a part hereof and more particularly
descn'oed as follows:
Commen~mg at the east one-quarter comer of Section 28, Township 89 North, Range 2 East of the 5th Principal
Meridian; theu~ South 0 I°55~48" East along the easterly line of Lot 2 of Lot 1 of Lot 1 of Lot 1 of said Hawkeye
Stock Farm, 256.88 feet (257.15 feet - record) to the southeast comer of sakl Lot 2 of Lot 1 of lot 1 of LOt 1 of
Hawkeye Stock Farm; thence South 89o14'23" West along the scamherly tine of said Lot 2 of Lot 1 of Lot 1 of
Lot 1 ofl-Iawkeye Stock Farm, 66.00 fe~,-{to the southeast comer of said Lot 1 ofLot 1 ofLot I ofLot 1 of Lot
1 of Hawkeye Stock Farm and the Point of Be.E~inning; thenc~ eonthmJng South 89o14'23" West along the
southerly line of said Lot 1 of Lot I of Lot 1 of Lot I of Lot 1 of Hawkeye Stock Farm, 12.50 feet; thence North
01o55'48" West, 270.69 feet; thence North 88°04'12" East, 12.50 feet to the easterly line of said Lot 1 of Lot 1
of LOt 1 of LOt 1 of Lot 1 of Hawkeye Stock Farm; thence South 0 l°55'48'' East along the said easterly lot line,
270.94 feet to the Point of Beginning, containing 3,382 square feet, more or less.
That part of Lot 1 of Lot 1 of Lot .1 of Lot 1 of Lot 1, of Hawkeye Stock Farm In Sections 27 & 28,
Dubuque Townstfip, City of Duhaque, Dubuque County, Iowa, identified as Parcel C on the Acquisition
Plat Exhibit "A" Sheet 2 of 2, attached hereto and by reference made a part hereof and more particularly
described as follows:
Commencing at the east one-quarter corner of Seotion 28, Township 89 North, Range 2 East of the 5th
Principal Meridian; thence South 01 °55'48" East along the easterly line of Lot 2 of Lot 1 of Lot 1 of Lot
1 of said Hawkeye Stock Farm, 256.88 feet (257. I5 feet - record) to the southeast comer of said Lot 2
of Lot 1 ofLot I of Lot I of Hawkeye Stock Farm; thence South 89°14'23" West along the southerly line
of said Lot 2 of Lot 1 of Lot I of Lot I of Hawkeye Stock Farm and the southerly line of said Lot 1 of
Lot I of Lot 1 of Lot 1 of Lot I of Hawkeye Stock Farm, 391.49 feet (389.24 feet- record); thence South
87°41'30'' West along said southerly line of Lot 1 of Lot 1 of Lot I of Lot 1 of Lot 1 of Hawkeye Stock
Farm, 255.33 feet ( 255.23 feet - record); thence South 76°22'14" West along said southerly lot line,
282.85 feet to the Point of Beginning; thence continuing South 76°22'14'' West along said southerly lot
line, 3.13 feet to the begintfing ora 50.00 foot radius, non-tangent curve, concave southwesterly; thence
northwesterly, 52.36 feet along said southerly lot line and said curve with a chord bearing North
73037'46'' West, 50.00 feet; thence South 76°21'2I" West along said southerlylot line, 58.57 feet; thence
South 74°46'36" West along said southerly lot line, 221.81 feet; thence South 86023'33" West along said
sou~erly lot line, 87.46 feet to the westerly line of said Lot 1 of Lot 1 of Lot I of Lot I cot' Lot 1 of Hawl~eye
Stock Farm; thence Notch 02°2?57" West along said westerly lot line, 0.86 feet to the beginning of a 490.00 foot
radius, non-tangent curve, concave northerly; thence easterly, 70.24 feet along said catrve, with a chord bearing
North 78°51'03" East, 70.18 feet4 thence North 74°44'40'' East, 265.95 feet to the beginning ~f a 89250 foot
radius, tangem curve, concave southwesterly; thence southeasterly, 89.99 feet along said curve, v/fda a chord
beating South 76°27'04" East, 86.25 feet to the l~c~an of Be-Einnlng, cootaiinng 4,549 squea~ feet, more or less.
NOTE: The easterly line of said Lot 2 of Lot 1 of Lot 1 of Lot 1 of Hawkeye Stock Farm is assumed to bear
South 01°55'48" East.
City of Dubuque, Iowa Project No. STP~A-20-9(165)-22-31
Kennedy Mall, Ltd., L.L.C. (Parcel No. l)
This deed and a certain easc~nent for public highway is ~ in folfnment of a cmSaln partial acquisition agreement dated
~'-~--Z~/..-.~, ~St~ and recorded in the Dubuque County P~cordcfs Office (m ~'~7t, ~t~, ~49z~j~ in
t~?~ -- a~ ~ , except those ten'as that survive the exemrdon oftMs docoment. ~/
The additional anmun~ of $5.610.00, as agreed to by part/al acquis~on agreemeag is paid as sevenmce damages to the
reaminmg property and is not subject to real estate transfer
This land is being acquired for public purposes through eminant danain ~nd a Declaration of Yalue is not required. Iowa
Code Sec. 425A. 1.
The pm~isions of the addendum aViaehed hereto as Exin~oit "B" are incorporated by referonce ~n ~ deed and made a part
]~a-enf as if ~ndly rewritten here.
Grm~r, for itself and its successors mad assigns does hereby covenant with thc said Crmnlen, its encenssors and assigns, that
it is the ~xue and lawfo] owner of the said pra~Jses, and has ~ull pow~ to convey the stone; and that ~he rifle so conveyed is
free and clear from all licks and encumbrances whatsoewr except zoning res~c~dons, public ufil/W easements of record, all
it~as of record, any item which would be disclosed by a survey, and real esta~ taxes and aasessmems prorated as of the date
oftMs deed; aad forths, that it does Warrant and will De~l the s~ae aga/nst all hw~ claims of all persons whomsoever
clain~ng by, through or tmd~ Grantor but against no other claim.
Words and phrases here~ including acknowledgmen~ bereofi shall be cons~a~ed as in ~ singalax or plural number, and as
mascul~e or fwaln~ne gender, according to the eontexL
Dated Augtmt / ,2C03 . (SIGN IN INK)
KENNEDY MALL, LTD., L.L.C., au Ohio limited liabil/ty company
~oo~ m c~f~o Xrsp~Prim Nan.)
thy J. (fl~tune (Type/Pr~tName)
Authorized ~ljent (Title)
(NOTARY PLEASE COMPLETE LEFTA2VD RIGHT SIDES)
ALL-PU~POSE ACKNOVqLEDGMENT
STATE OF O1t~O ~ COUNTY OF I~AItO~¢ } ss.
Onthis ~ dayofAu~t ,2003 ,beforeme, thetmdersigand,~a
Notary Public in and for said State, personally appeared
_g~_t o me pea'sonally knov~
or proved to me on the basis of satisfactory evidence
~o be the pemon(s) whose name(s) is/are rabscribed to the ~
n~u~ and acknowledged to me that he/she/they executed the sm~e in
h/s/her/th~ authorized capae~y(ies), and that by his/her/their s~gnature(s)
on the instrument the person(s), or the enVy(les) upon behalf of wMch the
person(s) acted, executed the insmunent
Notz~ Public in and for the State of 0bXo
City of Dubuque, Iowa Project No. STP-A-20-9(165)-22-3
Kennedy Mal]~ Ltd., L.L.C. (]?axcel No. 1)
CAPACITY CLAIIVIED
__INDIVIDUAL
__CORPORATE
Tisles of Corporate Officer(s):
Corporate Seal is affixed
.__No Corporate Seal procured
.._PAKTNERSH~:_Limit ed _General
__ATTORNEY-IN-FACT
__EXECUTOR(s) or TRUSTEE(s)
GUARDIAN(s) or CONSERVATOR(s)
x oTHER~.~.~L~k~m~
$~F~iS REPRESENTING:
Naraes of enIil~y(i~s) or person(s)
Kmnne~7 M~I~, Ltd., L.L.C
Iowa Department of Transportation
ACQUISITION PLAT
EXHIBIT "A" SHEET 1 OF 2
COUNTY DUBUQUE STATE CONTROL NO.
PROJECT NO. STP-A-2100(620)--86-31 PARCEL NO. 1
SECTION 28 TOWNSHIP 89N RANGE 2E
ROW-FEE 7931 SQ, FT, * EASE 4464 SO FT. * EXCESS-FEE
ACCESS RIGHTS
ACQUIRED FROM
0 SO'
Iowa Department of Transportation
ACQUISITION PLAT
EXHIBIT "A" SHEET 2 OF 2
COUNTY
PROJECT NO.
SECTION
ROW-FEE
ACCESS RIGHTS
DUBUQUE STATE CONTROL NO.
STP-A-2100(620)--86-31 PARCEL NO.
28 TOWNSHIP 89N RANGE
SEE SHEET I OF 2 EASE SEE SHEET 1 OF 2 EXCESS-FEE
1
2E
ACOUIRED FROM
EXHIBIT "B"
This addendum marked Exhibit "B" is attached to and made a part of that certain Warranty Deed dated __
AUGUST 1, 2003 inthematteroftheU. S.20Highwaylntersectionlmprovementprojeet, whereinthe
Grantor is KENNEDY MALL, LTD., L.L.C., and the Grantee is the CITY OF DUBUQUE, IOWA, and makes the
attached Warranty Deed further subject to the following:
1. Grantor, for itself and its successors and assigns, excepts from the conveyance and reserves all of the oil, gas and
minerals of every ldnd and character, whether solid, liquid or gas, in and under said real property; provided,
however, Grantor agrees that it is not retaining or obtairdng by this exception and reservation any rights to enter
upon or otherwise use the surface of said real property for exploration or extraction.
2. Grantor, for itself and its successors and assigns, reserves and excepts from the conveyance any and all abutter's
rights, including access rights to and from the street known as Wacker Drive and the nonexaluaive rights of ingress
and egress over said real property.
3. Crmutee, ks successors and assigns, shall perform all pre-construction, construction, and post-censtmctinn work
and activities in accordance with the STP-A-20-9(165)--22-31 on Plan and Profile Sheets E. 01 and E.03 and Staging
and Traffic Control Sheets J.02 and J.07. The plans show traffic during al/phases of the project w[[l be maintained
by using staging and traffic control and that access points to Grantor's abutting property will not be obstructed.
C-ramee, its successors and assigns, shall not obstruct or unreasonably interfere with ingress and egress between
Grantors abutting property and Wacker Drive at ex/sting access points. The Plan Sheets are incorporated herein
by reference and made a part heranf as if fully rewritten herein, Plan and Profile Sheets E.01 and E.03 and Staging
and Traffic Control Sheets J.02 and J.07 are attached to this Wan'anty Deed as Exhibits "C- 1", "C-2", "C-3" and "C-
4. Grantee, its successors and assigns, shall restore the landscaped area Gout restoration of landseaping is limited
to regrading, re-seeding and re-sodding), unlandseaped area, driveway area, and any other affected area of the
Grantor's abutting property to a condition which is the same as or better than the condition ex/sting at the time the
Grantee, its successors and assigns, completes its street improvements within the conveyed property. The Grantee,
its successors and assigns, shall perform the restoration with first quality material and in a first-class manner.
Grantee, its successors and assigns, shall not unreasonably interfere with the operation of the shopping center owned
and operated by Grantor, its successors and assigns. Grantee, its successors and assigns, shall give Grantor, its
successors and assigns, prior reasonable notice of any dismptinn ofufilifias or traffic at the shopping center.
5. Any notice, demand, request, consent, or other communication required or perm/tted under this Warranty Deed
to be given shall be in writing and shall be (a) delivered personally to the parties, Go) sent by Certified Mail, Remm
Receipt Requested, or by private overnight courier to the parties at their respective addresses listed below, or (c)
sent by regular mail with back-up transmission on the same day to the parties at thek respective facsimile numbers
listed below. Any such communication shall be deemed given when so personally delivered, or when so transmitted
by facsimile, or on the third day after it was so deposited in a U~ited States Postal Service mail box, or on the
second day after it was deposked with the private overnight courier, unless actaai receipt is expressly required
elsewhere in this Warranty Deed.
City of Dubuque, Iowa
Engineering Division
City Hail
50 West 13th Street
Dubuque, IA 520014864
FAX: (563) 589-4205
Kennedy Mail, Ltd., L.L.C.
% Legal Department
2445 Belmont Avenue
P.O. Box 2186
Youngstown, OH 44504-0186
FAX: (330) 743-2902
NOTE: For private overnight courier, omit P.O. Box and change the Zip Code to 44505.
Either party may change its address or facsimile number by ~ving like notice of the change, but the change will not
be effective until the notice of the change is actually received by the other patty.
EXHIBIT "C-1"
EXHIBIT "0-2"
o~ i~ll I:~1 ~ ~.__ ~ '~ ::~::~1 ~::~:~:.:.
~ ~IIIIII ~ ~ ~ ..................... I :
ii,
· . EXHIBIT "C-4"
Prepared by: Ronald J. Turner, PLS
50 W. 13m Street, Dubuque, IA 52001-4861
RESOLUTION NO. 41-04
A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY BEING
A PART OF LOT 2 OF 1 OF I OF I OF CORRECTION PLAT OF LOT 1 OF
MINERAL LOT 246 TO THE CITY OF DUBUQUE
Whereas, the City of Dubuque entered into an Acqu~ition Agreement
dated December 3, 2003, and recorded as Instrument No. 31561-03 in the office
of the Recorder of Dubuque County with CNL Funding 2000-A, L.P., pursuant to
which CNL Funding 2000-A, L.P. agreed to convey a part of Lot 2 of I of 1 of 1 of
Correction Plat of Lot 1 of Mineral Lot 246 in the City of Dubuque, Iowa, as
shown on the Acquisition Plat thereof; and
Whereas, CNL Funding 2000-A, L.P. has executed a conveyance of said
property.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby
approves of, accepts and consents to the Warranty Deed from CNL Funding
2000-A, bP. copies of which are attached hereto, as required by Iowa Code
Section 569.7.
Section 2. The Mayor is hereby authorized and directed to execute and
acknowledge on behalf of the City of Dubuque any instruments in connection
herewith.
Passed, approved and adopted this 2nd
Attest:
Jeanne F. Schneider, CMC, City Clerk
day of February, 2004.
Terrance M. Duggan, Mayor
WARRANTY DEED
For the co~ideratien of Four Thousand Two Hundred Fifty-six a~d no/100----($4,256.00)----Dollars and other valuable
omsideration i~ hnnd paid by the City of Dubuque, Iowa, CNL FUNDING 2000-A, L.P., a Delaware linhted parmership,
does hereby convey to the CITY OF DUBUQUE, IOWA, real estate in DUBUQUE County, Iowa:
THE FEE SI/VIPLE 111 I.,E GRANTED IS TO LAND DESCRIBED AS FOLLOWS:
That part of Lot 2 of Lot I of Lot 1 of Lot 1 of Correction Plat of Lot 1 of Minerai 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 end more particularly described as follows:
Commencing at the southeasterly comer of said Lot 2 of Lot I of Lot I of Lot 1 of Correctiou 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
feel - record); thence North 76002'06'' West along said southerly lot line 86.95 feet to the Point of
Beginning; thence continuing North 76002'06'. West along said southerly lot line 30.50 feet; thence
North 55°29'3 I" West along said southerly lot line 34.85 feet to the most southerly corner of Lot 1 of
W'fls on Bros. Place in the City of Dubuque, Iowa; thence North 26°28'I0" East along the westerly line
of said Lot 2 &Lot 1 of Lot I ofLot 1 of Correotion Pint ofLot 1 oflffmeraiLot 246 a distance of 10.75
feet; thence South 55°32'41" East, 64.91 feet to the Point of Begirming, contain/rig 532 square feet, more
or less.
Note: The westerly line of said Lot 2 of Lot 1 Of LOt I of LOt 1 of Correction Plat of LOt I of Mineral Lot 246
is assumed to bear North 26028'10" East.
This deed is given la fiflfillmeot of a certaltt partial accludsifion agreement dated &, ~ ~f -g and recorded in the
l)ubuqueCouotyRec~defsOffieeon ~),O~ ?.. ~O~,in ~/,~'~,g--~>~, ,exceptthosetermsthatsurvive
the execution of tiffs document.
The additional mount of $6,944.00, as agreed to by partial acquisition agreement, is paid as severance damages to the
rea~inlng property and is not subject to real estate transfer ~
this land is being acquired for public purposes through endnem dm and a Declaration of Value is not required. Iowa
Code See. 428A.1.
Grantors do Hereby Covenant with gra~ees, artd successors in ioterest~ that grantors hold the real es'late by fee title in fee
simple title; that they have good and lawful authority to sell ~nd convey the real estate; that the real estate is Free and Clear
of ail Liens and Encrmthranm~ except as may above stated; and grantors Covenant to Warrant and Defend the real estate
against the lawn claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights
of dower, homestead and distributive share in and to the real estate.
C/~' of Dabuque, Iowa Project No. STP-A-20-9(165)-22-3 I
CNL Funding 2000-A, L.P. (Parcel No. 6)
Words and phrases here/n, including aclmoMedgrae~c hereof, shall be construed as i~ the singular or plural number, and as
maseulhae or feminine gender, according to the context.
Damfl
(SmNiNmH
CNL FUNDING 2000-A, L.P., a Delaware limited parmership
By: CNL Funding 2000-A, Inc., a Delaware corporation as general partner
..Steven D. Shackelford~Ty~efpr~tNam~)
Executive Vice President
amd Chief Financial Oliicer
(Type/Print Name)
(T/de)
(2VOT.4RY PLEASE COMSOZETE LEFTAiVD RIGHT S~
~OSE A~O~EDG~
STA~ 0~ Florida , CO--OF Orange } ss
No~ Pubhc ~ ~ ~r s~d ~e, p~y a~fl
~ ~d ~ m me ~ h~sh~ ~ ~e ~ ~
~~e Nme)
~ Pubic ~ a.d for ~e Sm~ of~lom~
_CAPACITY CL~ BY SELLER_:
__CORPORATE
Titles of Corporate Officer(s):
__Corporate Seal is affixed
No Corporate Sea/procured
X pARTNERSHiP:__Limited X_General
-__ATTORNEy-IN-FACT
__EXECUTOR(s) or TRUSTEE(s)
__GUARDIAN(s) or CONSERVATOR(s)
__OTHER:
SELLER IS REPRESENTING:
Names of enfity(ies) or pea'son(s)
City of Dubuque, Iowa Project No. STP-A-20-9( 165)-22-31
CNL Funding 2000-A, L.P. (Parcel No. 6)
Iowa Department of Transportation
ACQUISITION PLAT
EXHIBIT "A"
COLJNI7 DUBUQUE
PRdJECT NO. STP-A-2100(620)- -B6-31
SEOTtON 27 TOWNSHIP
ROW-FEE 552 SQ. FT. * EASE
ACQESS RIGHTS
STATE CONTROL NO.
PARCEL NO.
89N RANGE
EXCESS-FEE
6
2E
ACQUIRED FROM
'¢¢LY L~E
Prepared by: Ronald J, Turner. PLS
50 W. 13th Street, Dubuque, IA 52001-4861
RESOLUTION NO. 42-04
A RESOLUTION ACCEPTING A CONVEYANCE OF PROPERTY BEING
A PART OF LOT 1 OF CLEVE PLACE TO THE CITY OF DUBUQUE
Whereas, the City of Dubuque entered into an Acquisition Agreement
dated September 29, 2003, and recorded as Instrument No. 26959-03 in the
office of the Recorder of Dubuque County with Bradley Operating Limited
Partnership, pursuant to which Bradley Operating Limited Partnership agreed to
convey a part of Lot 1 of Cleve Place in the City of Dubuque, Iowa, as shown on
the Acquisition Plat thereof; and
Whereas, Bradley Operating Limited Partnership has executed a
conveyance of said property.
NOW THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby
approves of, accepts and consents to the Warranty Deed from Bradley Operating
Limited Partnership, copies of which are attached hereto, as required by Iowa
Code Section 569.7.
Section 2. The Mayor is hereby authorized and directed to execute and
acknowledge on behalf of the City of Dubuque any instruments in connection
herewith.
Passed, approved and adopted this 2nd
day.of February , 2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
SPECIAL WARRANTY DEED
For the considetWfion of Thirty-six Thousand Two ~-i~radre~] a~d no/100.---($36.200.00)-.-Dol~(s) and other v~uabIe
consideration in hand paid by tim City of Dubuque, Iowa, BRADLEY OPERATING LIMITED PARTNERS/dTP, a
Delaware limited partnership, do hereby convey to the CITY OF DUBUQUE, IOWA, the following described real estate
/n DUBUQUE Coumy, Iowa:
THE FEE SIMMLE lilLE GRAN't I~D 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 Exlu'bit "A", attached hereto and by this reference made a par~ hereof and more
particularly described as follows:
Be~nning at the northeast comer of said Lot I of Cleve Place; thence South 01°55'48" East (South
00000'00" East - record) along the easterly line of said Lot 1 of Clave Place 296.45 feet to a comer of
said Lot 1 of Cleve Place; thence South 88°04B 9" West [North 90000'00'' West - record) along a lot line
of said Lot 1 of Cleve Place 15.00 feet; thence North 01°55'48" West, 277. I9 feet; thence NotCh
24029'35'. West, 20.01 feet to the northerly line of said Lot 1 of Cleve Place; thence Norda 86°06'31"
East along said northerly line 22.69 feet to the Point of Beglnnlng, containing 4,515 square feet, more
or less.
Note: The easterly line of said Lot I of Cleve Place is assumed to bear South 01 °55'48" East.
Th/s
deed
is
in
flllflllmealt
of
DubuqueCcentyRecorder'sOffieeon 0~'-~O~ ~ :~ ,in Z~-~;~O~ ,exceptthosetmthatsurvive
the exeamtion efthis document. ~ '
Thc additional mount of $120.00, as agreed to by purchase agreement, is paid as severance damages to the remaialng
property and is not subject to real estate tmnefer tax.
This land is being acqmred for public purposes throngh eminent domain and a Declaration of Vaiue is not reqtfired. Iowa
Code Sec. 428A.1.
That the real esme is fi.ce and clear of all liens and encumbrances, except as may be on record or above started: and it
covenants To warrant and defend the real estate against the lawful claims of the City of Dubuqua, Iowa, which axe n~ade by
or through Bradley Operating Limited Parmership, but against none other.
City of Dubuque, Iowa Project No. STP-A-20-9(165)-22-31
Bradley Operating Limited Parmership (Parcel No. 2)
Words and phrases 11~ incindkg aclmowledgm~n~ hereof, sh~/be construed as ill the shlgalar or plm'al nmnber, and as
/llasgllline or fg~ninin e g~der, according to tim context.
, 20 Z~3. (SIGN IN INK)
BRADLEY OPERATING LIM1TED PARTNERSHIP, a D~la, amre limited partnership
By: Z · ~.'.', ~ ~//'. ~(Type/Print Name) By~
(Type/Print Name)
(Title)
(NOTARY PLEASE COMPLETE I. EFTAND RIGHT SIDES)
ALL-PURPOSE ACKNOVfLEDGIV[ENT
STATE OF~OUNTY OF ~qOC-'~lk. } ss.
On thiz day of ,20 , before me, the undersigned, a
Notary Public in _and. for ,said Slate, personally appeared
't/to me personally known
or vroved to me on the basis of salisfoctmy evidence
to be the pets(re(s) whose name(s) is/are subscn'bed to the within
msucmnem amd acknowledged to me that he/she/they executed the same in
his/her/the/r authorized capacky(iCs), and that by his/her/their signature(s)
on the insmnneat the person(s), or the enfity(ies) upon behalf of which the
person(s) acted, executed the instmmeatt
(SEAL) ~-,~-JO~ (Sign in Ink)
_(Print/Type Name)
Notary Public in and for the State of
My Commission Expires
March 27, 20ce
CAPACITY CLAIMED BY SELLER:
~mDrVmUAL
__COm'O?.ATE
Titles of Corporate Officer(s):
~corpom~ s~ is a~xed
No Corporate Seal procured
__PARTNERSHIP:_Limited _General
ATTORNEY-IN-FACT
~EX~CUTOR(s) or TRUSTEE(s)
GUARDIAN(s) or CONSERVATOR(s)
OTHER:
SELLER IS REPRESENTING:
Names of entity(ies) or person(s)
City of Dubuque, Iowa Project No. STP~A-20-9(165)--22-31
Bradley Operating Limited Partnership (Parcel No. 2)
Iowa Department of Transportation
ACQUISITION PL~.T
EXHIBIT "A"
COUNTY DUBUQUE
PROJECT NO. STP-A-2100(620)--86-31
SECTION 28 TOWNSHIP
ROW-FEE 4515 SO. FT. * EASE
ACQESS RIGHTS
STATE CONTROL NO.
PARCEL NO.
89N RANGE
EXCESS-FEE
2
2E
ACOUIRED FROM
~' UN[
5O¸
N