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Southwest Arterial Right-of-Way AcquistionMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Southwest Arterial Project - Right -of -Way Property Acquisition Establishing Fair Market Value and Authorizing Commencement of Eminent Domain Proceedings, if Necessary DATE: March 29, 2011 Dubuque AOAmedcaciry 1111 r 2007 Assistant City Engineer Robert Schiesl and Assistant City Attorney Tim O'Brien recommend the City Council establish the Just Compensation Value (Fair Market Value) for the property to be acquired for the Southwest Arterial. It is further recommended that staff be authorized to begin good faith negotiations with each identified property owner, and if a settlement cannot be reached through good faith negotiations, authorize staff to proceed with eminent domain proceedings for the acquisition of the property for the Southwest Arterial Project. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Robert Schiesl, Assistant City Engineer Tim O'Brien, Assistant City Attorney Midhael C. Van Milligen 124 Sharon L. Bradley, trustee of Sharon L. Bradley Trust 130 Robert W. Bradley, trustee of Robert W. Bradley Trust 147 Betty Jean Siegert Tigges 151a John L. Knepper 169s River City Development Group, LLC 170 Robert L. Simon and Connie F. Simon 172 Mt. Olivet Cemetery Association Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager Gus Psihoyos, City Engineer FROM: Robert Schiesl, Assistant City Engineer Tim O'Brien, Assistant City Attorney DATE: March 29, 2011 Dubuque heri Al- AmatcaCity 2007 SUBJECT: Southwest Arterial Project Right -of -Way Property Acquisition Establishing Fair Market Value and authorizing commencement of eminent domain proceedings, if necessary INTRODUCTION The purpose of this memorandum is to provide the City Council with information regarding the appraised value of necessary right -of -way property for the Southwest Arterial Project. BACKGROUND By previous action, the City Council has, after a public hearing, approved a portion of the Southwest Arterial Project and made final site selections for that portion of the project. The next step is to proceed with the process of acquisition of those sites through good faith negotiations and eminent domain, if negotiations are unsuccessful. PROPERTY ACQUISITION STATUS For the 11 sites approved by the City Council and listed below, acquisition appraisal updates have been completed. The next step is for the City Council to formally determine the fair market values of the properties in Tight of the appraisals. Those properties are identified as follows: Parcel I.D. Number Property Owner 173 Michael D. Lambert and Chris A. Lambert 174 David L. Lambert and Shirley A. Lambert 184 Jon D. Luckstead 187 Jon Luckstead Iowa DOT property acquisition staff has indicated that several of the properties to purchase have a low probability of success for acquisition through negotiation. CERTIFIED APPRAISAL PROCESS On April 6, 2009, the City Council approved the selection of Iowa Appraisal and Research Corporation and Peoples Company of Iowa to provide real estate property Appraisal Services for the acquisition of right -of -way for the Southwest Arterial project. Per Federal Code, the City is required to have two (2) independent appraisal valuations for each property to be acquired. Iowa Appraisal and Research Corporation is responsible for completing independent Acquisition Appraisal services. Separately, Peoples Company of Iowa is responsible for completing independent Review Appraisal services. Both appraisal firms are on the Iowa DOT's list of pre - qualified certified appraisers. Both the Acquisition and Review appraisal agents are responsible for preparing, signing, and furnishing to the City a separate, written acquisition appraisal report for each property to be acquired following generally accepted standards of professional appraisal principles and techniques in accordance and compliance with the following: • State of Iowa law. • Iowa Department of Transportation's "Appraisal Policy & Procedures Manual ". • Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended, in accordance with Part 24 of Title 49 of the Code of Federal Regulations. • Jurisdictional Exception Rule and Supplemental Standards contained in the Uniform Standards of Professional Appraisal Practice (USPAP). • Completed in a manner consistent with the appraisal assignment as specified in the Iowa Department of Transportation's "Appraisal Operational Manual" • Appraisal firm, agent(s) or employee(s) shall have no vested interest, direct or indirect, in the real property being appraised for acquisition. JUST COMPENSATION VALUATION Both Iowa Appraisal and Research Corporation and Peoples Company of Iowa have completed their appraisal reports and established the certified Just Compensation Valuation (Fair Market Value) for each property to be acquired. Those properties are identified as follows: Parcel I.D. Number Property Owner Land Type Just Compensation Value 124 / 130 Robert & Sharon Bradley Trusts Agricultural $ 579,700 147 Betty Jean Siegert Tigges Agricultural $ 20,824 151a John Knepper Agricultural $ 1.00 169s River City Development Group, LLC Agricultural $ 4,700 170 Robert and Connie Simon Agricultural $ 455,000 172 Mt. Olivet Cemetery Association Exempt $ 123,780 173 Michael and Chris Lambert Residential $ 305,000 174 David and Shirley Lambert Residential $ 410,000 184 Jon Luckstead Agricultural $ 21,180 187 Jon Luckstead Agricultural $ 124,418 RECOMMENDATION I recommend that the City Council establish the Just Compensation Valuation (Fair Market Value) for each identified property to be the values as set out above, based on the certified Acquisition Appraisal and Review Appraisal reports. I also recommend that the City Council authorize staff to begin good faith negotiations with each identified property owner and if a settlement cannot be reached through good faith negotiations, commence eminent domain proceedings. FUNDING SUMMARY The current estimate of probable cost for the right -of -way property acquisition phase for the Southwest Arterial project is as follows: Description Estimated Cost Right -of -Way Property Acquisition $ 9,803,020 Total Project Cost Estimate $ 9,803,020 The anticipated project funding is summarized as follows: Fund Description American Recovery and Reinvestment Act Funding ESL -2100 (646)- -7S -31 Federal SAFETEA -LU Funding (80 %) STP -U -2100 (634)- -70 -31 City - Local Funding (10 %) County - Local Funding (10 %) Total Project Funding Fund Amount $ 2,909,534 5,514,789 689,349 689,349 $ 9,803,020 ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution which establishes and sets the Just Compensation Valuation (Fair Market Value) for each identified property to be acquired based on the certified Acquisition Appraisal and Review Appraisal reports. The resolution also authorizes staff to begin good faith negotiations with each identified property owner and if a settlement cannot be reached through good faith negotiations, authorizes staff to proceed with eminent domain proceedings for the acquisition of the property for the Southwest Arterial Project. Preparer: James A. O'Brien Address: Suite 330 Harbor View Place 300 Main Street Dubuque, IA 52001 Telephone: (563) 583 -4113 RESOLUTION NO. 125 -11 ESTABLISHING THE FAIR MARKET VALUE OF REAL PROPERTY FOR THE SOUTHWEST ARTERIAL PROJECT, DIRECTING GOOD FAITH NEGOTIONS FOR THE ACQUISITION OF PROPERTY AND AUTHORIZING THE COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS, IF NECESSARY, TO ACQUIRE PROPERTY WHEREAS, the City of Dubuque (City) has caused to be made appraisals of the properties described below for the Southwest Arterial Project and the appraised values for the properties are listed below; and WHEREAS, the legal description of each of the properties to be acquired, the owners and the appraised value of each of the properties is listed below; and WHEREAS, the City Council has previously conducted a public hearing on the approval of and the site location for the Southwest Arterial Project, approved the project and the acquisition of all or a part of the property listed below for the Southwest Arterial Project: PROPERTY OWNER(S) APPRAISED VALUE Part of Parcel 124 as described on Exhibit A attached Sharon L. Bradley, Trustee of the Sharon L. Bradley Trust dated March 25, 2004 $579,700.00 Part of Parcel 130 as described on Exhibit B attached Robert W. Bradley, Trustee of the Robert W. Bradley Trust dated March 25, 2004 Part of Parcel 147 as described on Exhibit C attached Betty Jean Siegert Tigges $20,824.00 Part of Parcel 151a as described on Exhibit D attached John L. Knepper $1.00 Part of Parcel 169s as described on Exhibit E attached River City Development L.L.C. $4,700.00 Part of Parcel 170 as described on Exhibit F attached Robert L. Simon and Connie F. Simon $455,000.00 Part of Parcel 172 as described on Exhibit G attached Mt. Olivet Cemetery Association $123,780.00 PROPERTY OWNER(S) APPRAISED VALUE Part of Parcel 173 as described on Exhibit H attached Michael D. Lambert and Chris A. Lambert $305,000.00 Part of Parcel 174 a s described on Exhibit I attached David L. Lambert and Shirley A. Lambe_ rt $410 ,000.00 Part of Parcel 184 as described on Exhibit J attached Jon D. Luckstead $21,180.00 Part of Parcel 187 as described on Exhibit K attached Jo n Luckstead $124,418.0 0 and; WHEREAS, Iowa law requires that the City make a good faith effort to negotiate with the owners regarding the purchase before proceeding with condemnation; and WHEREAS, the City may not make an offer to purchase a property which is less than the fair market value City has established for the property; and WHEREAS, the City Council now desires to establish the fair market value for each of the properties; and WHEREAS, the City wishes to acquire the properties listed for the Southwest Arterial Project by negotiation or eminent domain proceedings, if necessary. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The fair market value of each of the properties listed above is hereby established to be the amount of its appraised value as listed above. Section 2. The City Manager is directed to enter into good faith negotiations for the acquisition for each of the above properties, and, if necessary, commence eminent domain proceedings to acquire the properties. Attest: Passed, approved and adopted this anne F. Schneider, City Clerk 4th day of April, 2011. Roy D. ,'uol, Mayor F:\ USERS \tsteckle \O'Brien \Southwest Arterial Property Acquisitions\ EstablishingFMVSWArterialProject _032911.doc 2 EXHIBIT A A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF GREEN VALLEY FARMS SUBDIVISION, A SUBDIVISION LOCATED IN PARTS OF SECTIONS 32 AND 33, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., DUBUQUE COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 32; THENCE SOUTH 86° (DEGREES) 42' (MINUTES) 13" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 32, ALSO BEING THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 633.14 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING SOUTH 86 °42'13" WEST ON SAID SOUTH LINE, 107.11 FEET TO THE NORTH 1/4 CORNER OF SECTION 5, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M.; THENCE SOUTH 87 °12'49" WEST ON SAID SOUTH LINE, 581.12 FEET TO THE WEST LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 32, ALSO BEING THE WEST LINE OF SAID LOT 1; THENCE NORTH 01 °35'03" WEST ON SAID WEST LINE, 444.44 FEET; THENCE SOUTH 59 °38'17" EAST, 810.86 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD. HEREINAFTER TO BE KNOWN AS LOT A OF LOT 1 OF GREEN VALLEY FARMS SUBDIVISION, A SUBDIVISION LOCATED IN PARTS OF SECTIONS 32 AND 33, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., DUBUQUE COUNTY, IOWA. CONTAINING 153,177 SQUARE FEET OR 3.52 ACRES; and A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF GREEN VALLEY FARMS SUBDIVISION, A SUBDIVISION LOCATED IN PARTS OF SECTIONS 32 AND 33, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., DUBUQUE COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH 1/4 CORNER OF SAID SECTION 32; THENCE SOUTH 86° (DEGREES) 42' (MINUTES) 13" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 32, ALSO BEING THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 181.90 FEET; THENCE NORTH 23 °58'32" EAST, 141.13 FEET; THENCE NORTHEASTERLY ON A 1,020.00 -FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 218.93 -FOOT LONG CHORD BEARING NORTH 27 °57'55" EAST, 219.35 FEET (ARC LENGTH); THENCE NORTH 45 °06'06" EAST, 326.15 FEET; THENCE NORTH 58 °59'16" EAST, 162.40 FEET; THENCE NORTHEASTERLY ON A 1,005.05 -FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 201.51 -FOOT LONG CHORD BEARING NORTH 67 °36'13" EAST, 201.85 FEET (ARC LENGTH); THENCE NORTH 78 °24'18" EAST, 113.66 FEET; THENCE SOUTH 87 °05'46" EAST, 95.50 FEET TO THE PRESENT NORTHWESTERLY RIGHT -OF- WAY LINE OF ENGLISH MILL ROAD; THENCE SOUTH 16 °38'33" EAST, 33.00 FEET TO THE PRESENT CENTERLINE OF ENGLISH MILL ROAD, ALSO BEING THE SOUTHEASTERLY LINE OF SAID LOT 1; THENCE SOUTH 73 °23'41" WEST ON SAID CENTERLINE, 224.11 FEET; THENCE SOUTHWESTERLY ON SAID CENTERLINE, BEING A 415.07 -FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 330.07 -FOOT LONG CHORD BEARING SOUTH 50 °11'54" WEST, 339.45 FEET (ARC LENGTH); THENCE SOUTH 27 °00'06" WEST ON SAID CENTERLINE, 462.22 FEET TO THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 32, ALSO BEING THE SOUTH LINE OF SAID LOT 1; THENCE SOUTH 88 °37'34" WEST ON SAID SOUTH LINE, 72.94 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD. 3 HEREINAFTER TO BE KNOWN AS LOT B OF LOT 1 OF GREEN VALLEY FARMS SUBDIVISION, A SUBDIVISION LOCATED IN PARTS OF SECTIONS 32 AND 33, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., DUBUQUE COUNTY, IOWA. CONTAINING 162,456 SQUARE FEET OR 3.73 ACRES, OF WHICH 34,585 SQUARE FEET OR 0.79 ACRE IS EXISTING RIGHT -OF -WAY; and A PARCEL OF LAND SITUATED IN PART OF THE NORTH 1/2 OF THE NORTHEAST FRACTIONAL 1/4 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 5; THENCE SOUTH 01° (DEGREES) 50' (MINUTES) 06" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 896.75 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING SOUTH 01 °50'06" EAST ON SAID EAST LINE, 153.94 FEET TO THE SOUTH LINE OF THE NORTH 1/2 OF THE NORTHEAST FRACTIONAL 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 5; THENCE SOUTH 88 °20'33" WEST ON SAID SOUTH LINE, 1,327.63 FEET TO THE WEST LINE OF THE NORTH 1/2 OF THE NORTHEAST FRACTIONAL 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 5; THENCE NORTH 01 °49'21" WEST ON SAID WEST LINE, 545.28 FEET; THENCE SOUTH 68 °18'33" EAST, 329.77 FEET; THENCE SOUTH 84 °01'27" EAST, 600.89 FEET; THENCE SOUTH 73 °13'05" EAST, 191.73 FEET; THENCE SOUTH 63 °42'58" EAST, 192.19 FEET; THENCE SOUTH 70 °42'49" EAST, 84.29 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD. HEREINAFTER TO BE KNOWN AS LOT A OF THE NORTH 1/2 OF THE NORTHEAST FRACTIONAL 1/4 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 475,633 SQUARE FEET OR 10.92 ACRES; and A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 32, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., AND ALSO IN PART OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., ALL IN THE COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 33; THENCE NORTH 87° (DEGREES) 31' (MINUTES) 53" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 33, A DISTANCE OF 891.01 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE NORTH 30 °55'53" EAST, 326.48 FEET; THENCE NORTH 02 °30'06" EAST, 133.73 FEET; THENCE NORTH 14 °43'32" WEST, 177.12 FEET; THENCE NORTH 36 °27'15" WEST, 133.38 FEET; THENCE NORTH 47 °40'08" WEST, 358.97 FEET; THENCE NORTH 64 °55'00" WEST, 257.73 FEET; THENCE NORTH 45 °21'37" WEST, 104.40 FEET; THENCE NORTH 35 °29'40" WEST, 223.61 FEET; THENCE NORTH 45 °21'37" WEST, 156.60 FEET; THENCE NORTH 72 °44'53" WEST, 188.71 FEET; THENCE NORTH 66 °29'16" WEST, 64.76 FEET; THENCE NORTH 42 °46'10" WEST, 105.95 FEET; THENCE NORTH 64 °21'33" WEST, 249.22 FEET; THENCE SOUTH 89 °56'19" WEST, 42.60 FEET TO THE PRESENT EASTERLY RIGHT -OF -WAY LINE OF ENGLISH MILL ROAD; ALSO BEING THE WESTERLY LINE OF SAID LOT 2; THENCE NORTH 14 °54'37" EAST ON SAID EASTERLY RIGHT -OF- WAY LINE, 256.61 FEET; THENCE SOUTH 28 °11'17" EAST, 89.71 FEET; THENCE SOUTH 62 °03'34" EAST, 770.00 FEET; THENCE SOUTH 70 °35'25" EAST, 202.24 FEET; THENCE SOUTH 82 °36'56" 4 EAST, 213.60 FEET; THENCE SOUTH 64 °27'39" EAST, 240.81 FEET; THENCE SOUTH 46 °01'01" EAST, 123.97 FEET; THENCE SOUTH 26 °08'36" EAST, 126.63 FEET; THENCE SOUTH 15 °14'53" EAST, 464.97 FEET; THENCE SOUTH 08 °16'47" EAST, 218.93 FEET; THENCE SOUTH 16 °17'28" EAST, 243.21 FEET; THENCE SOUTH 14 °46'37" WEST, 176.39 FEET TO THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 33; THENCE SOUTH 87 °31'53" WEST ON SAID SOUTH LINE, 387.11 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD. HEREINAFTER TO BE KNOWN AS LOT A OF LOT 2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 32, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., AND OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., ALL IN THE COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 730,654 SQUARE FEET OR 16.77 ACRES. COUNTY PARCEL NO. 1032400003 — LOT 2 OF THE NE1 /4 OF THE SE1 /4, SEC. 32- 89 -2E, CONTAINS 77,187 SQUARE FEET OR 1.77 ACRES. COUNTY PARCEL NO. 1033300001 — NW1 /4 OF THE SW1 /4, SEC. 33- 89 -2E, CONTAINS 136,255 SQUARE FEET OR 3.13 ACRES. COUNTY PARCEL NO. 1033300003 — SW1 /4 OF THE SW1 /4, SEC. 33- 89 -2E, CONTAINS 517,212 SQUARE FEET OR 11.87 ACRES; and PERMANENT UTILITY EASEMENT "A" over and across A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF GREEN VALLEY FARMS SUBDIVISION, A SUBDIVISION LOCATED IN PARTS OF SECTIONS 32 AND 33, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., DUBUQUE COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 32; THENCE SOUTH 86° (DEGREES) 42' (MINUTES) 13" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 32, ALSO BEING THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 181.90 FEET TO THE FUTURE RIGHT - OF -WAY LINE OF NORTH ENGLISH MILL ROAD, BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING SOUTH 86 °42'13" WEST ON SAID SOUTH LINE, 56.25 FEET, THENCE NORTH 23 °58'32" EAST, 165.97 FEET; THENCE NORTHEASTERLY ON A 1070.00 -FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 233.54 -FOOT LONG CHORD BEARING NORTH 28 °07'16" EAST, 234.01 FEET (ARC LENGTH); THENCE NORTH 45 °06'06" EAST, 53.15 FEET; THENCE SOUTH 52 °47'36" EAST, 50.48 FEET TO THE FUTURE RIGHT -OF -WAY LINE OF NORTH ENGLISH MILL ROAD; THENCE SOUTH 45° 06'06" WEST ON SAID FUTURE RIGHT -OF -WAY LINE, 55.34 FEET; THENCE SOUTHWESTERLY ON SAID FUTURE RIGHT -OF -WAY LINE, BEING A 1020.00 -FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 218.93 -FOOT LONG CHORD BEARING SOUTH 27 °57'55" WEST, 219.35 FEET (ARC LENGTH); THENCE SOUTH 23 °58'32" WEST ON SAID FUTURE RIGHT -OF -WAY LINE, 141.13 FEET TO THE POINT OF BEGINNING. CONTAINING 21,724 SQUARE FEET OR 0.50 ACRE; and 5 PERMANENT UTILITY EASEMENT "B" over and across A PARCEL OF LAND SITUATED IN THE NORTH 1/2 OF THE NORTHEAST FRACTIONAL 1/4 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 5; THENCE NORTH 86° (DEGREES) 42' (MINUTES) 13" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 740.25 FEET TO THE SOUTH 1/4 CORNER OF SECTION 32, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA; THENCE NORTH 88 °37'34" EAST ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 72.94 FEET TO THE CENTERLINE OF PRESENT ENGLISH MILL ROAD; THENCE SOUTH 27 °00'06" WEST ON SAID CENTERLINE, 182.74 FEET TO THE FUTURE RIGHT -OF -WAY LINE OF THE SOUTHWEST ARTERIAL; THENCE SOUTH 25 °25'39" EAST ON SAID FUTURE RIGHT -OF -WAY LINE, 41.64 FEET TO THE PRESENT SOUTHEASTERLY RIGHT -OF -WAY LINE OF ENGLISH MILL ROAD; THENCE SOUTH 20 °12'39" EAST ON SAID FUTURE RIGHT -OF -WAY LINE, 13.55 FEET; THENCE SOUTH 51 °10'13" EAST ON SAID FUTURE RIGHT -OF -WAY LINE, 153.94 FEET; THENCE SOUTH 65 °00'22" EAST ON SAID FUTURE RIGHT -OF -WAY LINE, 147.90 FEET; THENCE SOUTH 69 °19'10" EAST ON SAID FUTURE RIGHT -OF -WAY LINE, 360.26 FEET TO THE WEST LINE OF THE NORTH 1/2 OF THE NORTHEAST FRACTIONAL 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 5; THENCE SOUTH 68 °18'33" EAST ON SAID FUTURE RIGHT -OF -WAY LINE, 329.77 FEET; THENCE SOUTH 84 °01'27" EAST ON SAID FUTURE RIGHT -OF -WAY LINE, 74.99 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE NORTH 16 °56'22" EAST, 150.33 FEET; THENCE SOUTH 73 °03'38" EAST, 50.00 FEET; THENCE SOUTH 16 °56'22" WEST, 140.64 FEET TO THE FUTURE RIGHT -OF -WAY LINE OF THE SOUTHWEST ARTERIAL; THENCE NORTH 84 °01'27" WEST ON SAID FUTURE RIGHT -OF -WAY LINE, 50.93 FEET TO THE POINT OF BEGINNING. CONTAINING 7,274 SQUARE FEET OR 0.17 ACRE; and TEMPORARY UTILITY EASEMENT "A" over and across A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF GREEN VALLEY FARMS SUBDIVISION, A SUBDIVISION LOCATED IN PARTS OF SECTIONS 32 AND 33, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., DUBUQUE COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 32; THENCE SOUTH 86° (DEGREES) 42' (MINUTES) 13" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 32, ALSO BEING THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 181.90 FEET TO THE FUTURE RIGHT - OF -WAY LINE OF NORTH ENGLISH MILL ROAD, BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING SOUTH 86 °42'13" WEST ON SAID SOUTH LINE, 56.25 FEET, THENCE NORTH 23 °58'32" EAST, 165.97 FEET; THENCE NORTHEASTERLY ON A 1070.00 -FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 233.54 -FOOT LONG CHORD BEARING NORTH 28 °07'16" EAST, 234.01 FEET (ARC LENGTH); THENCE NORTH 45 °06'06" EAST, 53.15 FEET; THENCE SOUTH 52 °47'36" EAST, 50.48 FEET TO THE FUTURE RIGHT -OF -WAY LINE OF NORTH ENGLISH MILL ROAD; THENCE SOUTH 45 °06'06" WEST ON SAID FUTURE RIGHT - OF -WAY LINE 53.15 FEET; THENCE SOUTHWESTERLY ON SAID FUTURE RIGHT -OF -WAY LINE BEING A 1020.00 -FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 218.93 - FOOT LONG CHORD BEARING SOUTH 27 °57'55" WEST, 219.35 FEET (ARC LENGTH); THENCE SOUTH 23 °58'32" WEST ON SAID FUTURE RIGHT -OF -WAY LINE, 141.13 FEET TO THE POINT OF BEGINNING. CONTAINING 21,724 SQUARE FEET OR 0.50 ACRE; and 6 TEMPORARY UTILITY EASEMENT "B" over and across A PARCEL OF LAND SITUATED IN THE NORTH 1/2 OF THE NORTHEAST FRACTIONAL 1/4 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 5; THENCE NORTH 86° (DEGREES) 42' (MINUTES) 13" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 740.25 FEET TO THE SOUTH 1/4 CORNER OF SECTION 32, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA; THENCE NORTH 88 °37'34" EAST ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 72.94 FEET TO THE CENTERLINE OF PRESENT ENGLISH MILL ROAD; THENCE SOUTH 27 °00'06" WEST ON SAID CENTERLINE, 182.74 FEET TO THE FUTURE RIGHT -OF -WAY LINE OF THE SOUTHWEST ARTERIAL; THENCE SOUTH 25 °25'39" EAST ON SAID FUTURE RIGHT -OF -WAY LINE, 41.64 FEET TO THE PRESENT SOUTHEASTERLY RIGHT -OF -WAY LINE OF ENGLISH MILL ROAD; THENCE SOUTH 20 °12'39" EAST ON SAID FUTURE RIGHT -OF -WAY LINE, 13.55 FEET; THENCE SOUTH 51 °10'13" EAST ON SAID FUTURE RIGHT -OF -WAY LINE, 153.94 FEET; THENCE SOUTH 65 °00'22" EAST ON SAID FUTURE RIGHT -OF -WAY LINE, 147.90 FEET; THENCE SOUTH 69 °19'10" EAST ON SAID FUTURE RIGHT -OF -WAY LINE, 360.26 FEET; THENCE SOUTH 68 °18'33" EAST ON SAID FUTURE RIGHT -OF -WAY LINE, 329.77 FEET; THENCE SOUTH 84 °01'27" EAST ON SAID FUTURE RIGHT -OF -WAY LINE, 49.22 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE NORTH 16 °56'22" EAST, 155.17 FEET; THENCE SOUTH 73 °03'38" EAST, 100.00 FEET; THENCE SOUTH 16 °56'22" WEST, 135.80 FEET TO THE FUTURE RIGHT -OF- WAY LINE OF THE SOUTHWEST ARTERIAL; THENCE NORTH 84 °01'27" WEST ON SAID FUTURE RIGHT -OF -WAY LINE, 101.86 FEET TO THE POINT OF BEGINNING. CONTAINING 14,549 SQUARE FEET OR 0.33 ACRE OF WHICH 7,274 SQUARE FEET OF 0.17 ACRE IS PERMANENT UTILITY EASEMENT "B ". 7 EXHIBIT B A PARCEL OF LAND SITUATED IN LOT 3 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 5; THENCE NORTH 86° (DEGREES) 42' (MINUTES) 13" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 740.25 FEET TO THE SOUTH 1/4 CORNER OF SECTION 32, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA; THENCE NORTH 88 °37'34" EAST ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 72.94 FEET TO THE CENTERLINE OF ENGLISH MILL ROAD; THENCE SOUTH 27 °00'06" WEST ON SAID CENTERLINE, 182.74 FEET; THENCE SOUTH 25 °25'39" EAST, 41.64 FEET TO THE PRESENT SOUTHEASTERLY RIGHT -OF -WAY LINE OF ENGLISH MILL ROAD; THENCE SOUTH 20 °12'39" EAST, 13.55 FEET; THENCE SOUTH 51 °10'13" EAST, 153.94 FEET; THENCE SOUTH 65 °00'22" EAST, 147.90 FEET; THENCE SOUTH 69 °19'10" EAST, 360.26 FEET TO THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 5; THENCE SOUTH 01 °49'21" EAST ON SAID EAST LINE, 362.72 FEET; THENCE NORTH 72 °52'58" WEST, 297.40 FEET; THENCE NORTH 62 °40'55" WEST, 204.08 FEET; THENCE SOUTH 87 °20'08" WEST, 222.13 FEET; THENCE SOUTH 61 °47'42" WEST, 65.24 FEET; THENCE SOUTH 13 °55'51" WEST, 140.36 FEET; THENCE SOUTH 37 °31'02" WEST, 56.46 FEET TO THE PRESENT SOUTHEASTERLY RIGHT -OF -WAY LINE OF ENGLISH MILL ROAD; THENCE NORTH 80 °09'17" WEST, 66.00 FEET TO THE PRESENT NORTHWESTERLY RIGHT -OF -WAY LINE OF ENGLISH MILL ROAD; THENCE NORTH 09 °43'51" WEST, 53.07 FEET; THENCE NORTH 03 °43'47" EAST, 140.80 FEET; THENCE NORTH 42 "18'11" WEST, 91.91 FEET; THENCE NORTH 58 °14'40" WEST, 359.52 FEET; THENCE NORTH 55 °28'56" WEST, 119.15 FEET TO THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5; THENCE NORTH 01 °48'37" WEST ON SAID WEST LINE, 329.95 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD. HEREINAFTER TO BE KNOWN AS LOT A OF LOT 3 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 674,265 SQUARE FEET OR 15.48 ACRES, OF WHICH 56,340 SQUARE FEET OR 1.29 ACRES IS EXISTING RIGHT -OF -WAY, and A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 32, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 32; THENCE NORTH 88° (DEGREES) 37' (MINUTES) 34" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 32, A DISTANCE OF 72.94 FEET TO THE PRESENT CENTERLINE OF ENGLISH MILL ROAD; THENCE NORTH 27 °00'06" EAST ON SAID CENTERLINE, 462.22 FEET; THENCE NORTHEASTERLY ON SAID CENTERLINE, BEING A 415.07 -FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 21.70 -FOOT LONG CHORD BEARING NORTH 28 °16'04" EAST, 21.71 FEET (ARC LENGTH) TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING NORTHEASTERLY ON SAID CENTERLINE, BEING A 415.07 -FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 310.04 -FOOT LONG CHORD BEARING NORTH 51 °41'47" EAST, 317.74 FEET (ARC LENGTH); THENCE NORTH 73 °23'41" EAST ON SAID CENTERLINE, 224.11 FEET; THENCE SOUTH 16 °38'33" EAST, 33.00 FEET TO THE PRESENT SOUTHEASTERLY RIGHT - OF -WAY LINE OF ENGLISH MILL ROAD; THENCE SOUTH 43 °18'58" WEST, 103.97 FEET; THENCE 8 SOUTH 73 °21'26" WEST, 113.22 FEET; THENCE SOUTHWESTERLY ON AN 845.00 -FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 169.43 -FOOT LONG CHORD BEARING SOUTH 67 °36'13" WEST, 169.71 FEET (ARC LENGTH); THENCE SOUTH 72 °24'09" WEST, 75.33 FEET TO THE SOUTHEASTERLY RIGHT -OF -WAY LINE OF ENGLISH MILL ROAD; THENCE SOUTH 63 °46'03" WEST, 66.07 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD. HEREINAFTER TO BE KNOWN AS LOT A OF LOT 2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 32, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 34,875 SQUARE FEET OR 0.80 ACRE, OF WHICH 16,599 SQUARE FEET OR 0.38 ACRE IS EXISTING ROAD RIGHT -OF -WAY; and PERMANENT EASEMENT "A" over and across A PARCEL OF LAND SITUATED IN LOT 3 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 5; THENCE SOUTH 01° (DEGREES) 48' (MINUTES) 37" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE WEST LINE OF SAID LOT 3 ALSO BEING THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 329.95 FEET TO THE FUTURE RIGHT -OF- LINE OF THE SOUTHWEST ARTERIAL; THENCE SOUTH 55 °28'56" EAST ON SAID FUTURE RIGHT - OF -WAY LINE, 119.15 FEET; THENCE SOUTH 58 °14'40" EAST ON SAID FUTURE RIGHT -OF -WAY LINE, 128.42 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING SOUTH 58 °14'40" EAST ON SAID FUTURE RIGHT -OF -WAY LINE, 231.10 FEET; THENCE SOUTH 42 °18'11" EAST ON SAID FUTURE RIGHT -OF -WAY LINE, 91.91 FEET; THENCE SOUTH 03 °43'47" WEST ON SAID FUTURE RIGHT -OF -WAY LINE, 100.57 FEET; THENCE NORTH 80 °09'17" WEST, 50.29 FEET; THENCE NORTH 03 °43'47" EAST, 73.97 FEET; THENCE NORTH 42 °18'11" WEST, 63.66 FEET; THENCE NORTH 58 °14'40" WEST, 217.28 FEET; THENCE NORTH 23 °59'35" EAST, 50.46 FEET TO THE POINT OF BEGINNING. CONTAINING 19,464 SQUARE FEET OR 0.45 ACRE; and PERMANENT EASEMENT "B" A PARCEL OF LAND SITUATED IN LOT 3 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 5; THENCE NORTH 86° (DEGREES) 42' (MINUTES) 13" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 740.25 FEET TO THE SOUTH 1/4 CORNER OF SECTION 32, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA; THENCE NORTH 88 °37'34" EAST ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 72.94 FEET TO THE CENTERLINE OF PRESENT ENGLISH MILL ROAD; THENCE SOUTH 27 °00'06" WEST ON SAID PRESENT CENTERLINE, 182.74 FEET TO THE FUTURE RIGHT -OF -WAY LINE OF THE SOUTHWEST ARTERIAL; THENCE SOUTH 25 °25'39" EAST ON SAID FUTURE RIGHT -OF -WAY LINE, 41.64 FEET TO THE PRESENT SOUTHEASTERLY RIGHT -OF -WAY LINE OF ENGLISH MILL ROAD; THENCE SOUTH 20 °12'39" EAST ON SAID FUTURE RIGHT -OF -WAY LINE, 13.55 FEET; THENCE 9 SOUTH 51 °10'13" EAST ON SAID FUTURE RIGHT -OF -WAY LINE, 153.94 FEET; THENCE SOUTH 65 °00'22" EAST ON SAID FUTURE RIGHT -OF -WAY LINE, 147.90 FEET; THENCE SOUTH 69 °19'10" EAST ON SAID FUTURE RIGHT -OF -WAY LINE, 360.26 FEET TO THE EAST LINE OF SAID LOT 3, ALSO BEING THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 5; THENCE SOUTH 01 °49'21" EAST ON SAID EAST LINE, 362.72 FEET TO THE FUTURE RIGHT -OF -WAY LINE OF THE SOUTHWEST ARTERIAL, BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING SOUTH 01 °49'21" EAST ON SAID EAST LINE, 52.86 FEET; THENCE NORTH 72 °52'58" WEST, 319.02 FEET; THENCE NORTH 62 °40'55" WEST, 233.46 FEET; THENCE NORTH 20 °54'08" EAST, 33.16 FEET TO THE FUTURE RIGHT -OF -WAY LINE OF THE SOUTHWEST ARTERIAL; THENCE NORTH 87 °20'08" EAST ON SAID FUTURE RIGHT -OF- WAY LINE, 33.12 FEET; THENCE SOUTH 62 °40'55" EAST ON SAID FUTURE RIGHT -OF -WAY LINE, 204.08 FEET; THENCE SOUTH 72 °52'58" EAST ON SAID FUTURE RIGHT -OF -WAY LINE, 297.40 FEET TO THE POINT OF BEGINNING. CONTAINING 26,860 SQUARE FEET OR 0.62 ACRE; and A PARCEL OF LAND SITUATED IN LOT 3 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 5; THENCE SOUTH 01° (DEGREES) 48' (MINUTES) 37" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE WEST LINE OF SAID LOT 3, ALSO BEING THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 329.95 FEET TO THE FUTURE RIGHT -OF- LINE OF THE SOUTHWEST ARTERIAL; THENCE SOUTH 55 °28'56" EAST ON SAID FUTURE RIGHT - OF -WAY LINE, 119.15 FEET; THENCE SOUTH 58 °14'40" EAST ON SAID FUTURE RIGHT -OF -WAY LINE, 103.19 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING SOUTH 58 °14'40" EAST ON SAID FUTURE RIGHT -OF -WAY LINE, 25.23 FEET; THENCE SOUTH 23 °59'35" WEST, 50.46 FEET; THENCE SOUTH 58 °14'40" EAST, 217.28 FEET; THENCE SOUTH 42 °18'11" EAST, 63.66 FEET; THENCE SOUTH 03 °43'47" WEST, 73.97 FEET; THENCE NORTH 80 °09'17" WEST, 25.14 FEET; THENCE NORTH 03 °43'47" WEST, 60.68 FEET; THENCE NORTH 42 °18'11" WEST, 49.54 FEET; THENCE NORTH 58 °14'40" WEST, 235.61 FEET; THENCE NORTH 23 °59'35" EAST, 75.69 FEET TO THE POINT OF BEGINNING. CONTAINING 10,334 SQUARE FEET OR 0.24 ACRE; and TEMPORARY EASEMENT "B" over and across A PARCEL OF LAND SITUATED IN LOT 3 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 5; THENCE NORTH 86° (DEGREES) 42' (MINUTES) 13" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 740.25 FEET TO THE SOUTH 1/4 CORNER OF SECTION 32, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA; THENCE NORTH 88 °37'34" EAST ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5, A DISTANCE OF 72.94 FEET TO THE CENTERLINE OF PRESENT ENGLISH MILL ROAD; THENCE SOUTH 27 °00'06" WEST ON SAID PRESENT CENTERLINE, 182.74 FEET TO THE FUTURE RIGHT -OF -WAY LINE OF THE SOUTHWEST ARTERIAL; THENCE SOUTH 25 °25'39" EAST ON SAID FUTURE RIGHT -OF -WAY LINE, 41.64 FEET TO THE PRESENT SOUTHEASTERLY RIGHT -OF -WAY LINE OF ENGLISH MILL ROAD; THENCE SOUTH 20 °12'39" EAST ON SAID FUTURE RIGHT -OF -WAY LINE, 13.55 FEET; THENCE SOUTH 51 °10'13" EAST ON SAID FUTURE RIGHT -OF -WAY LINE, 153.94 FEET; THENCE SOUTH 10 65 °00'22" EAST ON SAID FUTURE RIGHT-OF-WAY LINE, 147.90 FEET; THENCE SOUTH 69 °19'10" EAST ON SAID FUTURE RIGHT -OF -WAY LINE, 360.26 FEET TO THE EAST LINE OF SAID LOT 3, ALSO BEING THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 5; THENCE SOUTH 01 °49'21" EAST ON SAID EAST LINE, 415.58 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING SOUTH 01 °49'21" EAST ON SAID EAST LINE, 26.43 FEET; THENCE NORTH 72 °52'58" WEST, 329.83 FEET; THENCE NORTH 62 °40'55" WEST, 232.88 FEET; THENCE NORTH 20 °54'08" EAST, 25.16 FEET; THENCE SOUTH 62 °40'55" EAST, 233.46 FEET; THENCE SOUTH 72 °52'58" EAST, 319.02 FEET TO THE POINT OF BEGINNING. CONTAINING 13,941 SQUARE FEET OR 0.32 ACRE. 11 EXHIBIT C A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST FRACTIONAL 1/4 AND PART OF LOT 2 OF 1 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4, ALL IN SECTION 4, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 4; THENCE SOUTH 01° (DEGREES) 36' (MINUTES) 32" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE EAST LINE OF THE NORTHWEST FRACTIONAL 1/4 OF SAID SECTION 4, A DISTANCE OF 2,810.23 FEET TO THE PRESENT CENTERLINE OF NORTH CASCADE ROAD; THENCE SOUTH 45 °39'28" WEST ON SAID CENTERLINE, 210.20 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 1 OF 2; BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE SOUTH 43 °45'27" EAST ON THE NORTHEASTERLY LINE OF SAID LOT 1 OF 2, A DISTANCE OF 40.05 FEET TO THE PRESENT SOUTHEASTERLY RIGHT -OF -WAY LINE OF NORTH CASCADE ROAD; THENCE SOUTH 30 °38'41" WEST, 75.59 FEET; THENCE SOUTH 26 °50'50" WEST, 78.59 FEET; THENCE SOUTH 07 °52'22" WEST, 180.55 FEET; THENCE SOUTH 16 °49'42" WEST, 173.90 FEET; THENCE SOUTH 52 °06'23" EAST, 40.00 FEET; THENCE SOUTH 37 °53'37" WEST, 140.00 FEET; THENCE NORTH 52 °06'23" WEST, 260.00 FEET; THENCE SOUTH 88 °21'05" WEST, 35.22 FEET; THENCE SOUTH 43 °51'12" WEST, 302.98 FEET; THENCE SOUTH 48 °27'58" WEST, 203.36 FEET; THENCE NORTH 22 °48'30" WEST, 74.83 FEET TO THE CENTERLINE OF PRESENT NORTH CASCADE ROAD; THENCE NORTH 46 °21'10" EAST ON SAID CENTERLINE, 1,115.74 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD. HEREINAFTER TO BE KNOWN AS LOT A OF LOT 1 OF 2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST FRACTIONAL 1/4 AND OF LOT 2 OF 1 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4, ALL IN SECTION 4, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 156,224 SQUARE FEET OR 3.59 ACRES, OF WHICH 44,936 SQUARE FEET OR 1.03 ACRES IS EXISTING RIGHT -OF -WAY. COUNTY PARCEL NO. 1504327002 - LOT 2 OF 1 OF THE NE1 /4 OF THE SW1 /4, SEC. 4- 88 -2E, CONTAINS 72,535 SQUARE FEET OR 1.67 ACRES, OF WHICH 19,559 SQUARE FEET OF 0.45 ACRE IS EXISTING ROAD RIGHT -OF -WAY. COUNTY PARCEL NO. 1504177002 - LOT 1 OF 2 OF THE SE1 /4 OF THE NW FRL1 /4, SEC. 4- 88 -2E, CONTAINS 83,689 SQUARE FEET OR 1.92 ACRES, OF WHICH 25,377 SQUARE FEET OF 0.58 ACRE IS EXISTING ROAD RIGHT -OF -WAY. 12 EXHIBIT D A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF THE EAST 39 ACRES OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 AND PART OF THE WEST 1 ACRE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, ALL IN SECTION 11, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 11; THENCE SOUTH 87° (DEGREES) 20' (MINUTES) 18" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 11, A DISTANCE OF 1,253.43 FEET TO THE EAST LINE OF SAID LOT 2, BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE SOUTH 01 °49'50" EAST ON SAID EAST LINE, 723.54 FEET; THENCE NORTH 70 °33'39" WEST, 70.82 FEET TO THE WEST LINE OF SAID WEST 1 ACRE; THENCE NORTH 01 °49'50" WEST ON SAID WEST LINE, 696.89 FEET TO THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 11; THENCE NORTH 87 °20'18" EAST ON SAID NORTH LINE, 66.01 FEET TO THE POINT OF BEGINNING. HEREIN IN AFTER TO KNOWN AS LOT A OF LOT 2 OF THE EAST 39 ACRES OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 AND THE WEST 1 ACRE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, ALL IN SECTION 11, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 46,874 SQUARE FEET OR 1.08 ACRES, WHICH IS EXISTING ROAD RIGHT -OF -WAY; and A PART OF LOT 2 OF THE EAST 39 ACRES OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, THE WEST 1 ACRE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, LOT 2 OF THE EAST 39 ACRES OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 AND THE WEST 1 ACRE OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4, ALL IN SECTION 11, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 11; THENCE SOUTH 87° (DEGREES) 20' (MINUTES) 18" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 11, A DISTANCE OF 1253.43 FEET TO THE EAST LINE OF LOT 2 OF THE EAST 39 ACRES OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 11; THENCE SOUTH 01 °49'50" EAST ON THE EAST LINE OF LOT 2 OF THE EAST 39 ACRES OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 11, A DISTANCE OF 723.54 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING SOUTH 01 °49'50" EAST ON THE EAST LINE OF LOT 2 OF THE EAST 39 ACRES OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 11 AND THE EAST LINE OF LOT 2 OF THE EAST 39 ACRES OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 11, A DISTANCE OF 1927.98 FEET TO THE SOUTH LINE OF LOT 2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 11 (ALSO BEING THE SOUTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 11); THENCE SOUTH 87 °28'47" WEST ON THE SOUTH LINE OF LOT 2 OF THE EAST 39 ACRES OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 11 AND THE SOUTH LINE OF THE WEST 1 ACRE OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 11 (ALSO BEING THE SOUTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 11), A DISTANCE OF 66.00 FEET TO THE WEST LINE OF THE WEST 1 ACRE OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 11; THENCE NORTH 01 °49'50" WEST ON THE WEST LINE OF THE WEST 1 ACRE OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 11 AND THE WEST LINE OF THE WEST 1 ACRE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13 11, A DISTANCE OF 1954.47 FEET; THENCE SOUTH 70 °33'39" EAST, 70.82 FEET TO THE POINT OF BEGINNING. HEREIN IN AFTER TO KNOWN AS LOT B OF LOT 2 OF THE EAST 39 ACRES OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 AND OF THE WEST 1 ACRE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 AND OF LOT 2 OF THE EAST 39 ACRES OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 AND OF THE WEST 1 ACRE OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4, ALL IN SECTION 11, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 128,112 SQUARE FEET OR 2.94 ACRES, WHICH IS EXISTING ROAD RIGHT -OF -WAY. 14 EXHIBIT E A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 1 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 AND PART OF LOT 2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4, ALL IN SECTION 14, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 14; THENCE NORTH 87° (DEGREES) 33' (MINUTES) 12" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 14, A DISTANCE OF 65.82 FEET TO THE NORTHEASTERLY LINE OF LOT 1 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14; THENCE SOUTH 70 °46'12" EAST ON THE NORTHEASTERLY LINE OF SAID LOT 1, A DISTANCE OF 1,312.55 FEET; THENCE SOUTH 09 °09'45" EAST, 225.82 FEET; THENCE SOUTH 21 °01'44" EAST, 210.98 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE SOUTH 44 °01'52" EAST, 112.36 FEET; THENCE SOUTH 17 °59'38" EAST, 426.05 FEET; THENCE SOUTH 46 °51'48" EAST, 304.15 FEET TO THE EASTERLY LINE OF SAID LOT 2; THENCE SOUTH 31 °16'30" WEST ON THE EASTERLY LINE OF SAID LOT 2, A DISTANCE OF 16.55 FEET; THENCE NORTH 49 °06'57" WEST, 316.69 FEET; THENCE NORTH 28 °11' 27" WEST, 213.73 FEET; THENCE NORTH 04 °38'00" WEST, 226.33 FEET; THENCE NORTH 36 °32'47" WEST, 108.11 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD. HEREINAFTER TO BE KNOWN AS LOT B OF LOT 1 OF 1 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 AND OF LOT 2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4, ALL IN SECTION 14, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 26,855 SQUARE FEET OR 0.62 ACRE. COUNTY PARCEL NO. 1514200004 - LOT 1 OF 1 OF THE NE1 /4 OF THE NE1 /4, SEC. 14- 88 -2E, CONTAINS 16,395 SQUARE FEET OF 0.38 ACRE. COUNTY PARCEL NO. 1514200007 - LOT 2 OF THE SE1 /4 OF THE NE1 /4, SEC. 14- 88 -2E, CONTAINS 10,460 SQUARE FEET OF 0.24 ACRE. 15 EXHIBIT F A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF 3 OF ARCHDIOCESE PLACE NO. 2 AT KEY WEST IN SECTION 11, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE AND PART OF LOT 2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4, PART OF LOT 2 OF 1 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 AND PART OF LOT 1 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4, ALL IN SECTION 14, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 14; THENCE SOUTH 87° (DEGREES) 30' (MINUTES) 08" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 14, A DISTANCE OF 316.67 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 WHICH IS ON THE PRESENT NORTHWESTERLY RIGHT -OF -WAY LINE OF U.S. HIGHWAY 61, BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING SOUTH 87 °30'08" WEST ON SAID SOUTH LINE, ALSO BEING THE SOUTH LINE OF SAID LOT 1 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4, A DISTANCE OF 744.37 FEET TO THE WEST LINE OF SAID LOT 1 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4; THENCE NORTH 01 °46'59" WEST ON SAID WEST LINE, 365.46 FEET; THENCE NORTH 02 °36'29" WEST ON SAID WEST LINE, 258.32 FEET TO THE NORTHWESTERLY LINE OF SAID LOT 1 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4; THENCE NORTH 15 °33'01" EAST ON SAID NORTHWESTERLY LINE, 189.90 FEET; THENCE NORTH 20 °16'31" EAST ON SAID NORTHWESTERLY LINE, 100.25 FEET; THENCE NORTH 31 °16'30" EAST ON SAID NORTHWESTERLY LINE, 371.74 FEET; THENCE NORTH 51 °35'55" EAST ON SAID NORTHWESTERLY LINE, 46.89 FEET; THENCE NORTH 26 °34'03" EAST ON SAID NORTHWESTERLY LINE, 112.65 FEET TO THE NORTHWEST CORNER OF SAID LOT 1 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4, ALSO BEING THE SOUTHWEST CORNER OF SAID LOT 2 OF 1 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4; THENCE NORTH 35 °25'51" EAST ON THE WESTERLY AND SOUTHWESTERLY LINE OF SAID LOT 2 OF 1 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4, A DISTANCE OF 200.90 FEET; THENCE NORTH 01 °11'53" WEST ON SAID WESTERLY AND SOUTHWESTERLY LINE, 284.09 FEET; THENCE NORTH 51 °36'20" WEST ON SAID WESTERLY AND SOUTHWESTERLY LINE, 173.35 FEET; THENCE NORTH 70 °46'12" WEST ON SAID WESTERLY AND SOUTHWESTERLY LINE AND THE SOUTHWESTERLY LINE OF SAID LOT 2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4, A DISTANCE OF 756.31 FEET; THENCE NORTH 10 °48'02" WEST, 490.01 FEET TO THE SOUTH LINE OF SAID LOT 2 OF 3 OF ARCHDIOCESE PLACE NO. 2 AT KEY WEST; THENCE NORTH 12 °29'54" WEST, 510.68 FEET; THENCE NORTH 14 °17'03" WEST, 269.49 FEET TO THE NORTHWESTERLY LINE OF SAID LOT 2 OF 3 OF ARCHDIOCESE PLACE NO. 2 AT KEY WEST; THENCE NORTH 74 °39'00 EAST ON THE NORTHWESTERLY LINE OF SAID LOT 2 OF 3 OF ARCHDIOCESE PLACE NO. 2 AT KEY WEST, 402.67 FEET TO THE NORTHEAST CORNER OF SAID LOT 2 OF 3 OF ARCHDIOCESE PLACE NO. 2 AT KEY WEST; THENCE SOUTH 24 °34'25" EAST ON THE NORTHEASTERLY LINE OF SAID LOT 2 OF 3 OF ARCHDIOCESE PLACE NO. 2 AT KEY WEST, A DISTANCE OF 924.62 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2 OF 3 OF ARCHDIOCESE PLACE NO. 2 AT KEY WEST, ALSO BEING THE NORTHEAST CORNER OF SAID LOT 2 OF 1 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4; THENCE SOUTH 25 °34'26" EAST ON THE NORTHEASTERLY LINE OF SAID LOT 2 OF 1 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4, A DISTANCE OF 713.57 FEET; THENCE SOUTH 05 °13'53" EAST ON SAID NORTHEASTERLY LINE, 145.35 FEET; THENCE SOUTH 48 °36'34" EAST ON SAID NORTHEASTERLY LINE, 759.07 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2 OF 1 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4, ALSO BEING THE NORTHEAST CORNER OF SAID LOT 1 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4; THENCE SOUTH 02 °41'19" EAST ON THE EASTERLY LINE OF SAID LOT 1 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4, A DISTANCE OF 954.91 FEET TO THE PRESENT NORTHWESTERLY 16 RIGHT -OF -WAY LINE OF U.S. HIGHWAY 61; THENCE SOUTH 38 °00'39" WEST ON SAID NORTHWESTERLY RIGHT -OF -WAY LINE, 485.62 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD. HEREINAFTER TO BE KNOWN AS LOT A OF LOT 2 OF 3 OF ARCHDIOCESE PLACE NO. 2 AT KEY WEST IN SECTION 11, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE AND OF LOT 2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 AND OF LOT 2 OF 1 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 AND OF LOT 1 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4, ALL IN SECTION 14, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 2,226,921 SQUARE FEET OR 51.12 ACRES. COUNTY PARCEL NO. 1511451006 - LOT 2 OF 3 OF ARCHDIOCESE PLACE NO. 2 AT KEY WEST, CONTAINS 410,188 SQUARE FEET OR 9.41 ACRES. COUNTY PARCEL NO. 1514200002 - LOT 2 OF THE NW1 /4 OF THE NE1 /4, SEC. 14- 88 -2E, CONTAINS 35,648 SQUARE FEET OR 0.82 ACRE. COUNTY PARCEL NO. 1514200003 - LOT 2 OF 1 OF THE NE1 /4 OF THE NE1 /4, SEC. 14- 88 -2E, CONTAINS 556,735 SQUARE FEET OR 12.78 ACRES. COUNTY PARCEL NO. 1514200008 - LOT 1 OF THE SE1 /4 OF THE NE1 /4, SEC. 14- 88 -2E, CONTAINS 1,224,350 SQUARE FEET OR 28.11 ACRES. 17 EXHIBIT G A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF ARCHDIOCESE PLACE NO. 2 AT KEY WEST, PART OF LOT 2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4, PART OF LOT 2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 AND PART OF LOT 2 OF 1 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4, ALL IN SECTION 11, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 11; THENCE NORTH 87° (DEGREES) 33' (MINUTES) 12" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 11, A DISTANCE OF 1,323.68 FEET TO THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 11; THENCE NORTH 01 °34'39" WEST ON SAID EAST LINE, 827.70 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT 2 OF ARCHDIOCESE PLACE NO. 2 AT KEY WEST, BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE SOUTH 74 °39'00" WEST ON SAID SOUTHEASTERLY LINE, 273.18 FEET; THENCE NORTH 13 °14'47" WEST, 171.87 FEET; THENCE NORTH 33 °48'57" WEST, 234.67 FEET; THENCE NORTH 11 °04'48" WEST, 166.32 FEET; THENCE NORTH 08 °06'54" EAST, 109.62 FEET; THENCE NORTH 21 °39'28" WEST, 354.93 FEET TO THE NORTHWESTERLY LINE OF SAID LOT 2 OF ARCHDIOCESE PLACE NO. 2 AT KEY WEST; THENCE NORTH 76 °54'16" EAST ON SAID NORTHWESTERLY LINE, 170.91 FEET; THENCE SOUTH 73 °43'26" EAST ON SAID NORTHWESTERLY LINE, 155.81 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 2 OF ARCHDIOCESE PLACE NO. 2 AT KEY WEST; THENCE SOUTH 15 °40'44" EAST, 194.70 FEET; THENCE SOUTH 33 °46'48" EAST, 532.49 FEET; THENCE SOUTH 13 °36'11" EAST, 289.49 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 2 OF 1 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4; THENCE NORTH 24 °34'25" WEST ON SAID SOUTHWESTERLY LINE, 65.06 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 2 OF ARCHDIOCESE PLACE NO. 2 AT KEY WEST; THENCE SOUTH 74 °39'00" WEST ON THE SOUTHEASTERLY LINE OF SAID LOT 2 OF ARCHDIOCESE PLACE NO. 2 AT KEY WEST, 129.49 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD. HEREINAFTER TO BE KNOWN AS LOT A OF LOT 2 OF ARCHDIOCESE PLACE NO. 2 AT KEY WEST AND OF LOT 2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 AND OF LOT 2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 AND OF LOT 2 OF 1 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4, ALL IN SECTION 11, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 361,021 SQUARE FEET OR 8.29 ACRES. COUNTY PARCEL NO. 1511451005 - LOT 2 OF ARCHDIOCESE PLACE NO. 2 AT KEY WEST, CONTAINS 343,828 SQUARE FEET OR 7.89 ACRES. COUNTY PARCEL NO. 1511476001 - LOT 2 OF 1 OF THE SE1 /4 OF THE SE1 /4, SEC. 11- 88 -2E, CONTAINS 13,894 SQUARE FEET OR 0.32 ACRE. COUNTY PARCEL NO. 1511402006 - LOT 2 OF THE NW1 /4 OF THE SE1 /4 AND LOT 2 OF THE SW1 /4 OF THE SE1 /4, SEC. 11- 88 -2E, CONTAINS 3,297 SQUARE FEET OR 0.08 ACRE. 18 CONTAINING 316 SQUARE FEET OR 0.01 ACRE. EXHIBIT H A PARCEL OF LAND SITUATED IN PART OF LOT 3 OF 1, OF THE SUBDIVISION OF LOT 1 OF ARCHDIOCESE PLACE NO. 2 AT KEY WEST, IN SECTION 11, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 3 OF 1, THENCE SOUTH 13° (DEGREES) 11' (MINUTES) 49" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE EAST LINE OF SAID LOT 3 OF 1, A DISTANCE OF 63.43 FEET; THENCE NORTH 21 °53'28" WEST, 65.80 FEET TO THE NORTH LINE OF SAID LOT 3 OF 1; THENCE NORTH 85 °59'49" EAST ON SAID NORTH LINE, 10.08 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD. HEREINAFTER TO BE KNOWN AS LOT A OF LOT 3 OF 1, OF THE SUBDIVISION OF LOT 1 OF ARCHDIOCESE PLACE NO. 2 AT KEY WEST, IN SECTION 11, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA. 19 EXHBIT I A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 1, OF THE SUBDIVISION OF LOT 1 OF ARCHDIOCESE PLACE NO. 2 AT KEY WEST, IN SECTION 11, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1 OF 1 WHICH IS ON THE CENTERLINE OF MILITARY ROAD; THENCE SOUTH 16° (DEGREES) 02' (MINUTES) 00" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE EAST LINE OF SAID LOT 1 OF 1, A DISTANCE OF 201.10 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1 OF 1; THENCE SOUTH 85 °59'49" WEST ON THE SOUTH LINE OF SAID LOT 1 OF 1, A DISTANCE OF 10.08 FEET; THENCE NORTH 23 °12'41" WEST, 251.13 FEET TO THE NORTH LINE OF SAID LOT 1 OF 1, ALSO BEING THE CENTERLINE OF MILITARY ROAD; THENCE SOUTHEASTERLY ON SAID NORTH LINE, BEING A 1,145.92 -FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY AND HAVING A 168.64 -FOOT LONG CHORD BEARING SOUTH 77 °23'16" EAST, 168.79 FEET (ARC LENGTH) TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD. HEREINAFTER TO BE KNOWN AS LOT A OF LOT 1 OF 1, OF THE SUBDIVISION OF LOT 1 OF ARCHDIOCESE PLACE NO. 2 AT KEY WEST, IN SECTION 11, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 18,472 SQUARE FEET OR 0.42 ACRE, OF WHICH 9,499 SQUARE FEET OR 0.22 ACRE IS EXISTING ROAD RIGHT -OF -WAY. 20 EXHIBIT J PERMANENT EASEMENT over and across A PARCEL OF LAND SITUATED IN PART OF LOT C OF TAMARACK S.E. FOURTH SUBDIVISION OF SECTION 14, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 14, ALSO BEING THE NORTHWEST CORNER OF SAID LOT C; THENCE NORTH 87A (DEGREES) 38' (MINUTES) 38" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF SAID LOT C, 1,333.88 FEET TO THE EASTERLY LINE OF SAID LOT C; THENCE SOUTH 02 1 '04'08" EAST, 840.25 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE SOUTH 57 1 '47'45" EAST ON A NORTHEASTERLY LINE OF SAID LOT C, 327.45 FEET TO THE PRESENT NORTHWESTERLY RIGHT -OF -WAY LINE OF U.S. HIGHWAY 61; THENCE SOUTH 21 1 '41'26" WEST ON SAID NORTHWESTERLY RIGHT -OF -WAY LINE, 142.85 FEET; THENCE SOUTH 55 1 '28'54" WEST ON SAID NORTHWESTERLY RIGHT -OF -WAY LINE, 134.88 FEET; THENCE SOUTH 40 ^28'01" WEST ON SAID NORTHWESTERLY RIGHT -OF -WAY LINE, 37.85 FEET TO THE PRESENT SOUTHEASTERLY RIGHT -OF -WAY LINE OF EAST TAMARACK DRIVE; THENCE NORTHWESTERLY ON THE PRESENT SOUTHEASTERLY RIGHT -OF -WAY LINE OF EAST TAMARACK DRIVE AND THE NORTHEASTERLY RIGHT -OF -WAY LINE OF SILVERWOOD DRIVE, BEING A 233.00 -FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY AND HAVING A 367.42 -FOOT LONG CHORD BEARING NORTH 11 1 '34'30" WEST, 423.26 FEET (ARC LENGTH); THENCE NORTH 63A36'58" WEST ON THE NORTHEASTERLY RIGHT -OF -WAY LINE OF SILVERWOOD DRIVE, 36.84 FEET; THENCE NORTH 26 1 '38'29" EAST, 40.46 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD. CONTAINING 32,007 SQUARE FEET OR 0.73 ACRE. 21 EXHIBIT K A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 2 OF THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 14; THENCE SOUTH 87° (DEGREES) 30' (MINUTES) 08" (SECONDS) WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 14, A DISTANCE OF 316.67 FEET TO THE PRESENT NORTHWESTERLY RIGHT -OF -WAY LINE OF U.S. HIGHWAY 61, ALSO BEING THE NORTHEASTERLY MOST CORNER OF SAID LOT 1 OF 2, BEING THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE SOUTH 01 °24'01" WEST ON SAID NORTHWESTERLY RIGHT -OF -WAY LINE, 83.84 FEET; THENCE SOUTH 37 °16'38" WEST ON SAID NORTHWESTERLY RIGHT -OF -WAY LINE, 706.83 FEET; THENCE SOUTHWESTERLY ON SAID NORTHWESTERLY RIGHT -OF -WAY LINE BEING A 988.00 -FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY AND HAVING A 498.63 -FOOT LONG CHORD BEARING SOUTH 34 °12'27" WEST, 504.07 FEET (ARC LENGTH) TO THE SOUTHEASTERLY MOST CORNER OF SAID LOT 1 OF 2; THENCE NORTH 57 °47'45" WEST ON THE SOUTHWESTERLY LINE OF SAID LOT 1 OF 2, A DISTANCE OF 247.94 FEET; THENCE NORTH 75 °56'18' EAST, 133.53 FEET; THENCE NORTH 40 °33'58" EAST, 201.00 FEET; THENCE NORTH 23 °32'44" EAST, 152.97 FEET; THENCE NORTH 31 °02'29" EAST, 150.33 FEET; THENCE NORTH 31 °03'28" EAST, 188.90 FEET; THENCE NORTH 03 °27'23" EAST, 137.21 FEET; THENCE NORTH 31 °43'17" WEST, 177.88 FEET TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 14; THENCE NORTH 87 °30'08" EAST ON SAID NORTH LINE, 509.69 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD. HEREINAFTER TO BE KNOWN AS LOT A OF LOT 1 OF 2 OF THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA. CONTAINING 248,821 SQUARE FEET OR 5.71 ACRES. 22